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Schedule – 4 (Relating to Sub-rule (3) of Rule 37)

Schedule – 437
(Relating to Sub-rule (3) of Rule 37)

Supervisor, Reviewer and Review Committee

S.N. Post Supervisor Reviewer Review Committee
1. Inspector General of
the Armed Police		Secretary,
Ministry of Home
Affairs		Chief Secretary Chief Secretary
Secretary, Ministry of
Home Affairs
2. Additional Inspector
General of the Armed
Police		Inspector General
of the Armed
Police		Secretary,
Ministry of
Home Affairs		Secretary, Ministry of
Home Affairs
Inspector General of
the Armed Police
3. Deputy Inspector
General of the Armed
Police		Additional
Inspector General
of the Armed
Police		Inspector
General of the
Armed Police		Inspector General of
the Armed Police
Additional Inspector
General of the Armed
Police
4. Senior Superintendent
of the Armed Police		Concerned
Deputy Inspector
General of the
Armed Police		Additional
Inspector
General of the
Armed Police		Additional Inspector
General of the Armed
Police
Concerned Deputy
Inspector General of
the Armed Police

37 Amended by the Fifth Amendment.

5. Superintendent of the
Armed Police		Concerned
Senior
Superintendent of
the Armed Police		Concerned
Deputy
Inspector
General of the
Armed Police		Concerned Deputy
Inspector General of
the Armed Police
Concerned Senior
Superintendent of the
Armed Police
6. Deputy Superinten
dent of the Armed
Police		Concerned
Superintendent of
the Armed Police		Concerned
Deputy
Inspector
General of the
Armed Police		Concerned Deputy
Inspector General of
the Armed Police
Concerned
Superintendent of the
Armed Police
7. Inspector of the Armed
Police		Concerned
Deputy
superintendent of
the Armed Police		Concerned
Superintendent
of the Armed
Police		Concerned
Superintendent of the
Armed Police
Concerned Deputy
superintendent of the
Armed Police
8. Senior Sub-inspector
of the Armed Police
and Sub-Inspector of
the Armed Police		Concerned
Inspector of the
Armed Police		Concerned
Deputy
Superintendent
of the Armed
Police		Concerned Deputy
Superintendent of the
Armed Police
Concerned Inspector
of the Armed Police

 

9. Assistant Sub
Inspector of the Armed
Police, Senior
Constable, Constable
and Deputy Constable
of the Armed Police,
Armed Policeman		Concerned Sub
Inspector of the
Armed Police		Concerned
Inspector of the
Armed Police		Concerned Inspector
of the Armed Police
Concerned Sub
Inspector of the
Armed Police

 

Schedule – 5 (Relating to Rules 41 and 115)

Schedule – 5
(Relating to Rules 41 and 115)

Trainings required for promotion

Compulsory basic training:

Any Armed Police has to successfully complete the following compulsory
trainings for being a potential candidate for promotion and being included in
the professional training. No mark shall be counted for the compulsory
training.
1. Armed Police Personnel basic training
2. Armed Police Sub-inspector basic training
3. Armed Police Inspector short-term basic training
4. Armed Police inspector basic training
5. Armed Police technical basic training

Professional training:
The in-service internal and foreign trainings to be given to the Armed Police
while calculating marks for training for the purpose of promotion are divided
into the following groups:

Group A
Professional training:
1. Billadar basic
2. Pati pati training
3. Se Mu pati training
4. Gulmapati training
5. Command and staff college
6. Ganapati training
7. Senior command or war college

Group B
Service related training:
1. Arms raining
2. Tactics
3. Map reading
4. Co-existence
5. Technical training (in the case of employee who work as technician):
Communication, medical, engineering, computer and electrician,
armour, trade ship
6. Logistics
7. Combat engineering
8. Counter insurgency and jungle warfare
9. Hostage negotiation and disarmament
10.Crowd control
11.Psychological operation training
12.Sniper training
13. Mountain warfare

Group C
Physical training
1. Physical exercise
2. Drill
3. Karate
4. Judo
5. Gymnastics
6. Boxing
7. Taekwondo

Group D
Administration related
1. Financial and assistant administration
(a) Accounts (b) Store (c) Office assistant
2. Records and Administration
Personnel Administration/Records Management
3. Administration training/general administration
4. Management and planning
5. Natural calamity management

Group E
Relating to security
1. Security of VIP
2. Airport security
3. Border security
4. Security of important enterprises
5. Threat evaluation and surveillance
6. Counter terrorism/counter espionage

Group F
Crime Investigation and Control
1. Tracking
2. Dog handler
3. Spot expert
4. Collection of crime information
5. Crime investigation and control
(c) With the approval of the Inspector General of the Armed Police, the
Human Resources Development Directorate at the Headquarters may
prepare curriculum manuals, as required, on the subjects under the said
Groups and may also make timely alterations in such curriculum
manuals.
(d) The maximum marks to be obtained under each Group shall be ten. The
division of class and marks shall be as follows:
Division Percentage Marks
A Above 80% 10
B 65 to 79.99% 9
C 50 to 64.99% 8
D 40 to 49.99% 7
(e) For the trainings in which examinations of both theoretical and practical
subjects are held, the division of total marks for theoretical shall be as
per Clause (e) and the following provision shall apply for the practical
examination:

Division Percentage Marks
Chhya Above 65% 9
Ya 50 to 64.99% 8
Gyna 40 to 49.99% 7
In determining the figures of examination of both theoretical and
practical knowledge, the marks to be set by the average of the marks
obtained in both examinations shall be considered as the marks secured.

Schedule-6 (Relating to Rule 88)

Schedule-6
(Relating to Rule 88)

Authority to give the Order of Departmental Punishment and Authority
to Hear Appeal

Class/designation Order of punishment Authority to order
punishment
(1) Peon or
equivalent thereto
of the Armed
Police		(a) To warn, admonish, to recover
the loss, incurred to the Government
of Nepal due to negligence or non
obedience of the rule or order, fully
or partly by deducting from the
salary or allowance, to give more
fatigue or to keep in detention in the
battalion up to 15 days		(a) Concerned Sub
Inspector or
Assistant Sub
Inspector of the
Armed Police		(a) Concerned
Inspector of the
Armed Police
(b) To remove from the service with
holding disqualified for government
service in future or dismiss from the
service with holding disqualified for
government service in future.		(b) Concerned
Deputy
Superintendent of
the Armed Police		(b) Concerned
Superintendent
of the Armed
Police or
Senior
Superintendent
of the Armed
Police

Authority to
hear appeal

(2) Police-man of
the Armed Police		(a) To warn, admonish, to write
prejudicial opinion in the report
regarding to conduct to recover the
loss incurred to the Government of
Nepal due to negligence or non
obedience of the rule or order fully
or partly by deducting from the
salary or allowance, to give physical
punishment, to cause additional
guarding duty (fatigue) or to keep in
detention in the battalion up to
fifteen days by causing or not
causing the same.		Inspector of the
Armed Police		(a) Concerned
Superintendent
of the Armed
Police or
Senior
Superintendent
of the Armed
Police
(b) To diminish to the lower time
scale or lower scale of the lower
time scale or to withhold promotion,
to remove from the service without
holding disqualified for government
service in future or dismiss from the
service with holding disqualified for
government service in future.		(b) Concerned
Superintend-ent of
the Armed Police
or Senior
Superintend-ent of
the Armed Police		(b) Concerned
Deputy
Inspector
General of the
Armed Police

(a) Concerned
Deputy
Superintendent or
Inspector or
Assistant Sub

(3) Senior
Constable,
Constable, Deputy
Constable of the
Armed Police		(a) To warn, admonish, to write
prejudicial opinion in the to
withhold increment of salary to
recover the loss incurred to the
Government of Nepal due to
negligence or non-obedience of the
rule or order fully or partly by
deducting from the salary or
allowance, to give physical
punishment, to cause additional
guarding duty (fatigue) or to keep in
detention in the battalion up to
fifteen days by causing or not
causing the same.		Inspector of the
Armed Police		(a)
Superintendent
or Senior
Superintendent
of the Armed
Police
(b) To demote to the lower time
scale or lower scale of the lower
time scale or to withhold promotion
to remove from the service without
holding disqualified for government
service in future or dismiss from the
service holding generally disqualified
for government service in future.		(b) Concerned
Superintendent of
the Armed Police
or Senior
Superintendent of
the Armed Police		(b) Concerned
Deputy
Inspector
General of the
Armed Police
(4) Assistant Sub
Inspector of the
Armed Police		(a) To give warning, admonish or
write prejudicial opinion in the
report relating to conduct		(a) Concerned
Deputy
Superintendent or
Inspector or Sub
Inspector of the
Armed Police		(a)
Superintendent
of the Armed
Police or
Senior
Superintendent
of the Armed
Police

(a) Concerned
Deputy
Superintendent,
Inspector or SubInspector or
Assistant Sub

(b) To withhold the increment of
salary, to recover the loss caused to
the Government of Nepal due to
negligence or non-obedience of the
rule or order, fully or partly from the
salary or allowance and to withhold
promotion.		(b) Concerned
Superintendent of
the Armed Police
or Senior
Superintendent of
the Armed Police		(b) Concerned
Deputy
Inspector
General or in
his or absence
Inspector
General of the
Armed Police
(c) To demote to the lower time
scale or to the lower scale of the
same time scale, to demote to the
lower post, to remove from the
service without holding disqualified
for the government service in future
or to dismiss from the service
holding disqualified generally for
government service in future.		(c) Concerned
Deputy Inspector
General of the
Armed Police		(c) Inspector
General of the
Armed Police
(5) Senior Sub
Inspector and Sub
Inspector of the
Armed Police		(a) To give warning, admonish, write
prejudicial opinion in the report
relating to conduct.		(a) Concerned
Deputy
Superintendent or
Inspector of the
Armed Police		(a)
Superintendent
of the Armed
Police or
Senior
Superintendent
of the Armed
Police


(b) To withhold the increment of
salary, to recover the loss caused to
the Government of Nepal due to
negligence or non-obedience of the
rule or order, fully or partly from the
salary or allowance and to withhold
promotion.		(b) Concerned
Superintendent of
the Armed Police
or Senior
Superintendent of
the Armed Police		(b) Concerned
Deputy
Inspector
General or in
his or her
absence
Inspector
General of the
Armed Police
(c) To demote to the lower time
scale or to the lower scale of the
same time scale, to demote to the
lower post, to remove from the
service without holding disqualified
for the government service in future
or to dismiss from the service
holding disqualified generally for
government service in future.		(c) Inspector
General of the
Armed Police		(c) Government
of Nepal
(6) Inspector of
the Armed Police		(a) To give warning, admonish, write
prejudicial opinion in the report
relating to conduct.		(a) Concerned
Senior
Superintendent or
Superintendent or
Deputy
Superintendent of
the Armed Police		(a) Concerned
Deputy
Inspector
General or in
his or her
absence
Inspector
General of the
Armed Police


(b) To withhold the increment of
salary, to recover the loss caused to
the Government of Nepal due to
negligence or non-obedience of the
rule or order, fully or partly from the
salary or allowance and to withhold
promotion.		(b) Concerned
Deputy Inspector
General of the
Armed Police		(b) Concerned
Additional
Inspector
General of the
Armed Police
or in his or her
absence
Inspector
General of the
Armed Police
(c) To demote to the lower time
scale or to the lower scale of the
same time scale, to demote to the
lower post, to remove from the
Service without holding disqualified
for the government service in future
or to dismiss from the service
holding disqualified generally for
government service in future.		(c) Government of
Nepal		(c) Government
of Nepal
(7) Deputy
Superintendent of
the Armed Police		(a) To give warning, admonish, write
prejudicial opinion in the report
relating to conduct.		(a) Concerned
Senior
Superintendent of
the Armed Police
or Superintendent
of the Armed
Police		(a) Concerned
Deputy
Inspector
General or in
his or her
absence
Inspector
General of the
Armed Police

 

(b) To withhold the increment of
salary, to recover the loss caused to
the Government of Nepal due to
negligence or non-obedience of the
rule or order, fully or partly from the
salary or allowance.		(b) Inspector
General of the
Armed Police		(b)
Government of
Nepal
(c) To diminish to the lower time
scale or to the lower scale of the
same time scale, to diminish to the
lower post, to remove from the
service without holding disqualified
for the government service in future
or to dismiss from the service
holding disqualified generally for
government service in future.		(c) Government of
Nepal		Government of
Nepal
(8) Superintendent
of the Armed
Police		(a) To give warning, admonish, write
prejudicial opinion in the report
relating to conduct.		(a) Concerned
Senior
Superintendent or
concerned Deputy
Inspector General
of the Armed
Police		(a) Inspector
General of the
Armed Police.
(b) To withhold the increment of
salary, to recover the loss caused to
the Government of Nepal due to
negligence or non-obedience of the
rule or order, fully or partly from the
salary or allowance and to withhold
promotion.		(b) Inspector
General of the
Armed Police.		(b)
Government of
Nepal


(c) To demote to the lower time
scale or to the lower scale of the
same time scale, to demote to the
lower post, to remove from the
service without holding disqualified
for the government service in future
or to dismiss from the service
holding disqualified generally for
government service in future.		(c) Government of
Nepal		(c) Government
of Nepal
(9) Senior
Superintendent of
the Armed Police		(a) To give warning, admonish, write
prejudicial opinion in the report
relating to conduct.		(a) Concerned
Additional
Inspector General
of the Armed
Police or Deputy
Inspector General
of the Armed
Police		(a) Inspector
General of the
Armed Police
(b) To withhold the increment of
salary, to recover the loss caused to
the Government of Nepal due to
negligence or non-obedience of the
rule or order, fully or partly from the
salary or allowance and to withhold
promotion.		(b) Inspector
General of the
Armed Police.		(b)
Government of
Nepal

 

(c) To demote to the lower time
scale or to the lower scale of the
same time scale, to demote to the
lower post, to remove from the
service without holding disqualified
for the government service in future
or to dismiss from the service
holding disqualified generally for
government service in future.		(c) Government of
Nepal		(c) Government
of Nepal
(10) Deputy
Inspector General
and Additional
Inspector General
of the Armed
Police		(a) To give warning, admonish, write
prejudicial opinion in the report
relating to conduct.		(a) Inspection
General of the
Armed Police		(a) Government
of Nepal
(b) To withhold the increment of
salary, to recover the loss caused to
the Government of Nepal due to
negligence or non-obedience of the
rule or order, fully or partly from the
salary or allowance, and to withhold
promotion.		(b) Government of
Nepal		(b)
Government of
Nepal

 

(c) To demote to the lower time
scale or to the lower scale of the
same time scale, to demote to the
lower post, to remove from the
service without holding disqualified
for the government service in future
or to dismiss from the service
holding disqualified generally for
government service in future.		(c) Government of
Nepal		(c) Government
of Nepal
(11) Inspector
General of the
Armed Police		(a) To give warning, admonish, write
prejudicial opinion in the report
relating to conduct, to withhold the
increment of salary, to diminish to
the lower time scale or lower of the
same time scale, to recover the loss
caused to the Government of Nepal
due to negligence or non-obedience
of the rule or order, fully or partly
from the salary or allowance, to
diminish to the lower post, to
remove from the service without
holding disqualified for the
government service in future or to
dismiss from the service holding
disqualified generally for
government service in future.		(a) Government of
Nepal		(a) Government
of Nepal

Schedule- 7 (Relating to Sub-rule (2) of Rule 114)

Schedule- 7
(Relating to Sub-rule (2) of Rule 114)
Description of leave and medical expenses

Name of employee:
Level and post :
Service/group: :
Code No.

Casual and
Festival Leave		Total
Home Leave Total
Sick Leave Total
Maternity
Leave		Total
Obsequies
Leave		Total
Study Leave Total
Extraordinary
Leave		Total
Received
for
medical
Expenses		Date
Signature of
the Officer to
be certified
Remarks
Description
Used
Balance
Used
Balance
Used
Balance
Used
Balance
Used
Balance
Used
Balance
Used
Balance
Amount

 

Schedule – 8 (Relating to Sub-rule (2) of Rule 118)

Schedule – 8
(Relating to Sub-rule (2) of Rule 118)

Preliminary dresses and goods for Armed Police Officer and Armed
police-man

(a) Personal goods.

S.N. Description Quantity Period for consumption
1. Terracotta shirt for summer 2 2 years
2. Terra-cotta Pantaloon for summer 2 2 years
3. Combat dress 2 pairs 1 year
4. Jeans under-wear 2 1 year
5. Barret Cap 1 1 year
6. Whistle 1 5 years
7. Whistle cord 1 1year
8. Wave belt 1 4 years
9. P.T. under-wear 1 pair 1 year
10. P.T. Shoes 1 pair 1 year
11. Boot 1 pair 1 year
12. Police shoulder badge 1 pair 5 years
13. Cap badge 1 pair 10 years
14. Woolen blanket 2 2 years
15. Ground sheet 1 3 years
16. Line rope 10 meters 5 years
17. Phares-cap and summer purpose (for officers only) 1 5 years
18. Rain coat 1 2 years
19. Mosquito net 1 2 years
20. Kit bag big (bag) 1 5 years
21. Khukuri (Nepali knife) 1 10 years
22. Insignia (summer and winter seasons) 1 pair 2 years
23. Jungle Hat 1 3 years
24. Mess tean 1 3 years
25. Top boot (Only for senior officers) 1 pair 2 years
26. Sleeping bag 1 3 years
27. Mattress 1 3 years
28. Summer and winter tunic set (colordox, aculet,
leather belt, tie, insignia etc.)		1/1 7 years
29. Summer and winter ceremonial set (Only for gazette
officers)		1/1 7 years


(a) Unit goods

S.N. Description Quantity Period for consumption
1. Rain suit 1 2 years
2. Plorosent cross-belt 1 4 years
3. Police baton 1 5 years
4. Baton holder 1 2 years
5. Note book holder 1 2 years
6. Revolver (for officers only) 1 5 years
7. Bullet pose (for officers only) 1 5 years
8. Helmet 1 4 years
9. Web equipment set 1 3 years
10. Water tumlet along with carrier 1 3

(c) Winter uniform

S.N. Description Quantity Period for consumption
1. Woolen shirt 2 2 years
2. Woolen trouser 2 2 years
3. Camp comfort 1 4 years
4. Woolen socks 1 pair 1 year
5. Woolen jacket 1 1 year
6. Warm globes 2 pairs 2 years
7. Woolen under wear 2 2 years
8. Woolen hinek 2 2 years
9. Jacket (dress) 1/1 2 years

(d) Other goods

S.N. Description Quantity Period for consumption
1. Nail 6 pairs 10 years
2. First aid box 1 2 years
3. Binoculars 1 10 years
4. Camera 1 10 years
5. Films, as required
6. Pragmatic oil compass 2 10 years
7. Map of the concerned area 3 sets 5 years.
8. Map case 2 sets 2 years
9. Service protector 2 2 years
10. Very light Pistol 1 15 years

 

11. Totas, as required 1 year
12. Tents, as required 6 years

(e) Goods and uniform to be provided to Police peons

S.N. Description Quantity Period for consumption
1. Shoes (Combat dress) 2pairs 2 years
2. Jacket 1 2 years
3. PT vest 4 pairs 2 years
4. Underwear 2 sets 2 years
5. PT shoes 2 pairs 2 years
6. Woolen socks 2 pairs 2 years
7. Summer socks 2 pairs 2 years
8. Woolen vest 1 set 1 year
9. Ground sheet 1 set 3 years
10. Mosquito net 1 set 3 years
11. Blanket 2 sets 3 years
12. Raincoat 1 set 3 years
13. Messtean 1 set 2 years
14. Woolen under trouser 1 set 2 years
15. Woolen under vest 1 set 2 years
16. 24 inch box (tin) 1 set 5 years

 

  • September 11, 2018

  • September 11, 2018

  • September 11, 2018

2. Definition

2. Definition:

Unless the subject or context otherwise requires, in these Rules,-
(a) “Act” means “Arbitration Act, 2055(1999).”
(b) “Division Bench” means the division bench constituted pursuant to the Appellate Court Rules 2048 (1991).
(c) “Registrar” means the Registrar of Appellate Court.
(d) “Legal Practitioner” means the person registered in legal practitioner pursuant to the prevailing law.

3. Requirements to be fulfilled in the document

3. Requirements to be fulfilled in the document:

(1) In addition tothe provisions mentioned in these rules, provisions of chapter 3 of the Appellate Court Rules, 2048 shall be applied concerning to the general  requirements to be fulfilled for the document produced in appellate court
for registration.

(2) In addition to the provisions mentioned in these rules, provisions of chapter 4 of the District Court Rules, 2052(1995) shall be applied concerning to the general requirements to be fulfilled for the document produced in district court for registration.

4. Required fee in the court

4. Required fee in the court:

(1) Notwithstanding anything mentioned in prevailing laws, for filing Petition or complaint or written response in
appellate court, fee will be charged as follows:

(a) Rupees five hundred for filing application relating to the appointment of arbitrator and written response in the same pursuant to section 7 or 8 of the Act,

(b) Rupees one thousand for filling complaint or petition as per section 11 or 16 of the Act and rupees five hundred for filing written response in the same,

(c) Rupees five hundred for filing petition under section 21 and 25 of the Act and rupees two hundred and fifty for
filing written response in the same,

(d) 0.05 percent of the amount determined by the arbitrator for filing petition with the claim to invalidate the decision of the arbitrator made under section 30 of the Act

,
(e) Rupees five hundred for the petitions except those mentioned in sub-clause (a), (b), (c) and (d).

(2) If the petitioner, complaint or producer of written response is any government office notwithstanding anything mentioned in sub-rule (1) any fee will not be charged for such office in submitting any documents or written response in the court through arbitrator.

5. Appointment of arbitrator

5. Appointment of arbitrator:

(1) Any party filing petition in appellate court as per section 7 sub-section (1) of the Act, shall mention the
following matters:

(a) Name, surname, address and other descriptions of petitioner and respondent including place of transaction
that facilitate in completion of issuance of summon,

(b) Brief of the dispute,

(c) Expected remedy,

(d) Name and address of the arbitrator appointed prior to the registration of the petition,

(e) Matter about failure in appointing arbitrator by following the process laid down in agreement as mentioned in
section 7 sub-section (1) of the Act or absence of the matter in the agreement about the appointment of
arbitrator,

(f) Name, surname, address, occupation, specialization area, and consent to be arbitrator of at least three persons those are eligible to be arbitrator,

(g) That the copy of the agreement between petitioner and respondent is attached,

(h) That the copy of the petition is attached for the purpose of sending it to other party.

(2)While filing petition pursuant to section 8 sub-section (2) of the Act, that should be mentioned if the person appointed as arbitrator has resigned or denied to be arbitrator or he/she has died or the position has become vacant because of any other reason and the evidence relating to such matter in addition to the matter referred in sub-rule (1).

(3) Upon receiving the petition pursuant to sub-rule (1), appellate court shall issue notice to the other party attaching copy of petition for the presence with written response including evidence within ten days excluding the time taken for the journey if there is any reason for not providing remedy as per the demand of petitioner

.
(4) Other party appointing arbitrator pursuant to the Act or agreement registration of petition should inform appellate court in written in that regard.

(5)Upon the receiving information about the appointment of arbitrator pursuant to sub-section (4) appellate court shall identify the matter, postpone the petition filed under sub-rule (1) and notify about it to petitioner and arbitrator.

(6) Except of the condition of sub-rule (5), after receiving written response or on the lapse of limitation to file it pursuant to sub-rule (3), appellate court shall appoint arbitrator to the proposed person if there is
a consensus between all parties about him/her and appoint an appropriate person within the limitation pursuant to section 7 and 8 and conclude the petition filed pursuant to sub-rule (1).

(7) Appellate court may collect additional information or clarification from petitioner and respondent about fact in issue before concluding petition pursuant to sub-rule (6).

(8) While appointing arbitrator pursuant to sub-rule (6) or appointing third arbitrator pursuant to sub-rule (9) appellate court shall reach in decision taking consideration of aspects including as to whether there is consent of the person being arbitrator to be so and the aspects mentioned in rule 6 sub-rule (5) beside the aspects mentioned in section 10 of the Act.

(9) If the arbitrators to be appointed on behalf of parties to the agreement are appointed pursuant to sub-rule (5) and (6) and the appointment of third arbitrator is remaining, except otherwise provided in agreement, appellate court shall provide seven days’ limitation to the arbitrator to appoint third arbitrator. Court shall appoint third arbitrator taking opinion of arbitrators and parties, if arbitrators fail to appoint third arbitrator within given limitation.

(10) Upon the concluding process of appointing arbitrator pursuant to sub-rule (6) and (9) appellate court shall notify the matter to concerning parties and arbitrator.

(11) Notwithstanding anything contained elsewhere in these  rules, appellate court shall obtain opinion of concern ministry of Nepal government before appointing arbitrator in such disputes in which decision of arbitrator may directly or indirectly creates economic obligation on Nepal government. Upon the receiving stipulation of
opinion, concern ministry shall send its opinion within fifteen days. Failure to receive the opinion within such time frame shall not deem to bar to make decision on appointing arbitrator.

6. Roster of arbitrators to be maintained

6. Roster of arbitrators to be maintained:

(1) For the purpose ofappointing arbitrator, every year, Registrar shall prepare a roster of persons of different sector being qualified, experienced and appropriate to be arbitrator with their description including their name, surname,
telephone, fax, email, address, occupation, educational qualification and area of specialization.

(2) Preparing roster pursuant to sub-rule (1) of persons to be arbitrator, assistance can be taken from any commercial, technical, industrial enterprise and organization relating to job and function of mediator within or out of its jurisdiction in Nepal.

(3) Any person may apply for inclusion of his/her name in the roster pursuant to sub-rule (1). If the applicant is found qualified to be arbitrator his/her name may be included in the roster of the persons being arbitrator

(4) Roster with description prepared by Registrar pursuant to subrule (1) shall be submitted in full court of appellate court. Such roster deemed to be finally prepared upon the acceptance of such full court. Such roster shall be sent to Supreme Court for record.

(5) While accepting roster of persons being arbitrator pursuant to sub-rule (4) qualification, experience, character, impartiality, honesty and reputation of such person shall be taken in consideration.

7. Complaint relating to removal of arbitrator and proceedings

7. Complaint relating to removal of arbitrator and
proceedings:

(1) Person who is not satisfied with the decision pursuant to section 11 sub-section (3) of the Act for removing arbitrator may file complaint in appellate court within thirty days from the date of receipt of notice about the decision pursuant to section 11 sub-section (4) of the Act. Following aspects shall be mentioned in such complaint:

(a) Name, surname and address of complainant and respondent, place of transaction and other description that
ease issuance of a notice,

(b) Name and address of arbitrator intended for removal,

(c) Brief of the decision rendered pursuant to section 11 subsections

(3) of the Act,

(d) Cause and evidence for removal,

(e) That attested copy of agreement and decision rendered pursuant to section 11 sub-sections (3) of the Act are
attached.

(2) If the court befalls convinced about the presence of condition of section 11 sub-section (2) there in, in course of preliminary hearing of the complaint, the court shall issue an order for the presence of respondent ascertaining date for hearing providing with reasonable time.

(3) In ascertained date for hearing pursuant to sub-rule (2) appellate court shall adjudge the complaint by hearing the statement of parties present and being based on the evidence produced there in and shall notify to arbitrator about the same.

(4) If there is a demand for the issuance of interim order to the arbitrator for not to persuade the process of arbitration until the adjudgement of the complaint pursuant to sub-rule (1), the court shall settle such question in course of preliminary hearing itself pursuant to sub-rule (3) considering as to whether there is sufficient basis and cause regarding such demand.

8. Validity and efficacy of contract and complaint and adjudgment regarding jurisdiction of arbitrator

8. Validity and efficacy of contract and complaint and  adjudgment regarding jurisdiction of arbitrator:

(1) The partynot satisfying with the decision of the arbitrator pursuant to Section 16 sub-section (1) of the Act shall mention following aspects while submitting application in Appellate Court pursuant to sub-section (2) of
the same section:

(a) Name, surname and address of complainant and respondent, place of transaction and other description that ease issuance of notice,

(b) Name, surname, address of arbitrator and location of office,

(c) Brief of agreement,

(d) What is the issue raised among jurisdiction of arbitrator or validity or efficacy of contract and basis and evidence of the same,

(e) Intended remedy,

(f) That attested copy of decision rendered pursuant to section 16 sub-sections (1) of the Act and agreement are attached.

(2) If it appears that the decision of arbitrator can be altered in course of preliminary hearing of complaint filed pursuant to sub-rule (1), a memorandum to that effect shall be executed and order shall be issued
for the presence of respondent providing reasonable time specifying date for hearing.

(3) If the parties are present on the date specified by the Appellate Court pursuant to sub-rule (2), the court shall adjudge the application hearing their statement and evaluating available evidences generally within 30 days from the submission of application by and inform the arbitrator about it.

9. Application against interim or interlocatory order and proceeding

9. Application against interim or interlocatory order and proceeding:

(1) Following aspects shall be mentioned in the application to be filed in appellate court pursuant to section 21 subsection
(2) of the Act,
(a) Name, surname and address of complainant and respondent, place of transaction and other description that
ease issuance of notice,

(b) Name, surname, address of arbitrator and location of office,

(c) Brief of the subject matter assigned to arbitrator and description of main task performed by arbitrator,

(d) Brief of the decision of arbitrator including interim and interlocutory order and claim, ground and evidence to
invalidate them,

(e) Intended remedy,

(f) That attested copy of order or decision rendered pursuant to section 21 sub-section (1) part (g) of the Act, attested
copy of other essential documents and copy of agreement  are attached,

(g) Other aspects required.

(2) If it appears that the decision of arbitrator can be altered in course of preliminary hearing of petition filed pursuant to sub-rule (1),  the court shall issue an order attaching copy of the petition for the presence of other party with written response with the reason for not issuing order as per the demand of petitioner

.
(3) In course of hearing pursuant to sub-section (2) if the court realize some aspects to be elaborated and clarify by arbitrator, it can order the arbitrator to do so in specific time.

(4) If the parties are present on specified date pursuant to sub-rule

(2), the court shall adjudge the application hearing their statement and evaluating evidence generally within 30 days from the submission of application and inform the arbitrator and absent parties about it.

10. Procedure for taking assistance of court in examination of evidence

10. Procedure for taking assistance of court in examination of
evidence:

(1) In case of requirement of assistance of court for the purpose of examination of evidence pursuant to section 23 of the Act, arbitrator shall request to the concerned district court in written form.

(2) Following aspects shall be mentioned in the request pursuant to sub-rule (1):

(a) Name, surname and address of claimant and respondent,

(b) Nature of dispute and subject matter of intended remedy before arbitrator,

(c) Type of assistance required form district court on what type of evidence to be examined relating to the dispute
under consideration before arbitrator,

(3) While requesting to district court for the purpose of causing a document to be executed elaborating any matter from any person clear questions shall be prepared about the matter to be asked. Upon the receipt of request mentioning questions to be asked district court should summon such person, draw the answer as per the question and send it following procedure pursuant to prevailing laws.

(4) Upon the receipt of application pursuant to sub-rule (2) district court may order the concerned person to be present self before the arbitrator and deliver the statement or to submit documentary evidence to be submitted if it is remaining on his/her hold and that substantially affect the decision of arbitrator or to do other required
work and task or to deliver statement by presenting before arbitrator or to submit any documentary evidence.

(5) District court may initiate proceedings and punish against contempt of its own to a person not complying with the order pursuant to sub-rule (3) or (4).

11. Petition against the decision of arbitrator and proceedings

11. Petition against the decision of arbitrator and proceedings:

(1)Following aspects shall be mentioned while filing a petition in appellate   court pursuant to section 30 sub-section (1) of the Act:
(a) Name, surname and address of complainant and respondent, place of transaction and other description that
ease issuance of notice,
(b) Name, surname, address of arbitrator and location of  office,
(c) Subject assigned to arbitrator for decision,
(d) Brief of the decision of arbitrator,
(e) Whether the decision of arbitrator should be invalidated or be re-decided,
(f) Under which of the basis mentioned in section 30 subsection

(2), the decision of arbitrator shall be invalidated or be re-decided and the basis and evidence to do so,
(g) That the copy of the petition pursuant to section 30 subsections
(1) is provided to arbitrator and concern party,
(h) That the attested copy of decision of arbitrator and other order and copy of agreement relating to arbitration are
attached with the petition.
(2) If it appears during the preliminary hearing of petition filed under sub-rule (1) that the claim mentioned in petition may be established, the court shall demand to send the concerned file and issue an order summoning respondent to be present for discussion providing with seven days time. While presenting within such time, respondent may submit written response if he/she desires.
(3) The court shall adjudge the petition filed pursuant to sub-rule (1) generally within 15 days from upon the presence of respondent if he/she is summoned pursuant to sub-rule (2) or upon the lapses of the limitation to be present. The court shall inform the arbitrator and absent party as well about such decision.

12. Filing application for execution of decision

12. Filing application for execution of decision:

(1) Application for execution of the decision of arbitrator pursuant to section 32 of the Act
should be filed in execution section of district court.
(2) Following aspects shall be mentioned in the application pursuant to sub-rule (1):
(a) Name, surname and address of complainant and respondent, place of transaction and other description that
ease to serve notice,
(b) Name, surname, address of arbitrator and location of office,
(c) Subject assigned to arbitrator for decision,
(d) Date of the decision of arbitrator, description of decision and amount calculated,
(e) It there is a demand of recovery of amount fixed by decision from any movable or immovable property, clear
description of that,
(f) That the attested copy of decision of arbitrator and the proof of receipt of notice about decision having the date of
such receipt mentioned,
(g) If the claim is for recovery of amount from any bond, bank guarantee or deposited amount taken by arbitrator issuing interim or interlocutory order pursuant to section 21 of the
Act,
(h) That the decision of arbitrator is remaining final.
(2) If an application is filed pursuant to sub-rule (2), the court shall check whether the arbitrator’s decision is final or not and if final, it shall receive concerned file and record the arrear pursuant to the decision in main record book.
(3) While executing decision of arbitrator, district court shall execute it equivalently as its own decision.

(13) Provision relating to execution of decision made abroad

(13) Provision relating to execution of decision made abroad:

(1)Parties intending execution of the decision made in abroad pursuant to section 34 sub-section (1) may apply in appellate court.

(2) In addition to the documents mentioned in section 34 subsection(1) of the Act, following aspects shall be mentioned in theapplication pursuant to sub-rule (1):

(a) Description including Name, surname and address of respondent, place of transaction and of electronic
communication medium of contact address like telephone, fax, email, other description subsidiary to serve notice or
correspond,

(b) That conditions mentioned in section 34 sub-section (2) is fulfilled.

(3) In course of preliminary hearing of the application pursuant to sub-rule (1), if it appears that the decision of arbitrator rendered abroad should be executed, the court shall issue notice to respondent for being
present with written counter-claim within 90 days if there is any reason for not executing that decision.

(4) If respondent is summoned pursuant to sub-rule (3) appellate court hears the case generally within ten days upon the presence of respondent or upon the lapses of time to be present and if it appears that
the conditions mentioned in section 34 sub section (2) are fulfilled, original file shall be sent to the concerned district court including order for execution of the decision of arbitrator.

(5) Upon the receipt of the order pursuant to sub-rule (4), district court shall execute the decision of arbitrator rendered abroad equivalent to the decision of arbitrator rendered within Nepal according to the provisions provisioned in these rules.

(14) Proceedings by taking deposition

(14) Proceedings by taking deposition:

(1) Appellate court shall proceed hearing of issue taking deposition of applicant or complainer upon the
filing of application or complaint and of respondent upon the filing of counter claim or written response pursuant to the Act and these rules. While fixing the date for presence of parties the court shall mention the cause clearly that for what purpose the date for presence is fixed and such matter shall be mentioned in the deposition receipt attached in file as well.

(2) Even if the applicant or complainer become absent and the date fixed for presence is expired, if their legal practitioner become present and wants to proceed on complaint or application, nothing shall bar the court to hear and decide.

(3) If any party become absent in the date fixed by the court for making presence owing circumstance beyond control applies within seven days excluding the time taken for the journey, for extension of time limit or the date fixed for making presence, the court may extend the time limit or date fixed for making presence for once not exceeding
seven days.

(4) If party, hi/her attorney or legal practitioner become absent and the date fixed for making presence expires, such application or complain shall be kept on pending.

(15) Provision relating to serving summon

(15) Provision relating to serving summon:

(1) Summon or notice to be served to party pursuant to the Act and these rules can be served to the
legal practitioner appointed by party or to the authorized person of the party for the same work. Summon or notice served in such way shall be deemed equivalent as served to the concerned party.

(2) If court has to send summon or notice to party residing within country or abroad it shall be sent following the process determined in section 20 sub-section (1).

(3) Notwithstanding anything contained in sub-rule (2), while serving summon or notice to the person residing abroad such summon or notice can be sent following the procedure pursuant to the law of that country. Summon served in such way shall be deemed as served pursuant to section 20 of the Act.

(20) Provision relating to archieve

(20) Provision relating to archieve:

(1) Registrar in case of appellate court and Registrar (Srestedar) in case of district court shall perform the task of keeping demanded file and received documents systematically, protecting archive, corresponding, sending file and other pursuant to the  act and these rules.

(2) While sending the file by arbitrator pursuant to section 42 sub-section (2) of the Act, it shall be sent to archive section of district court.

(21) Recovery of fees

(21) Recovery of fees: Pursuant to section 41 sub-section (2), any party may apply accompanied by receipt within the limitation of Court Fee Act, 2017 in execution section of district court for the recovery of the fee paid in course of execution of decision of arbitrator from other party.  Upon the receipt of such application district court shall provide with recovery of such fee equivalent to court fee pursuant to prevailing laws applying the process applied in civil cases.

(22) Arbitration in the cases filed in court

(22) Arbitration in the cases filed in court:

(1) Both of the parties may apply in the court for the settlement of commercial nature of civil cases having possibility of compromise according to prevailing laws and filed in court pursuant to section 3 sub-sections (2) and of the Act.

(2) Parties shall mention following aspects for filing application pursuant to sub-rule (1).

(a) Brief of the case,
(b) Name, surname and address of the person being arbitrator,
(c) That the person being arbitrator does not have
disqualification mentioned in section 10 of the Act,
(d) That the settlement of the arbitrator shall be acceptable.

(3) Upon the filing of application pursuant to sub-rule (2) such application shall be presented in the bench. The bench may issue an order for sending the case to be compromised by an arbitrator hearing counter-claim of both parties in oral as well and taking consideration of as to whether the condition of section 4 sub-section (2) is prevailing or not.

(4) Where a compromise is so executed by arbitrator pursuant to sub-rule (3) no complaint shall be entertained except a complaint that the other party has not complied with the deed of compromise.

23. Shall be pursuant to rules

23. Shall be pursuant to rules:

On matters referred in these rules, it shall be as per these rules. Except that regarding other matter, it shall be as
per Appellate Court Rules, 2048  Regarding other procedure to be followed by appellate court and it shall
be as per District Court Rules, 2052 regarding other procedure to be followed by district court.

  • September 10, 2018

2. Definition

2. Definition:

Unless the subject or context means otherwise provides in these Rules:-
(a) “Act” means the Aquatics Protection Act, 2017 (1960).
(b) “Contract” means the contract given by the concerned Department of the Nepal Government by prescribing a particular period for the function of catching and hunting the aquatics under these Rules.
(c) “Prescribed” means prescribed by the Government of Nepal by publishing a Notice in the Nepal Gazette.
(d) The meaning of the other terms used in these Rules shall be as given in the Act.

4. To be Given on Contract Basis

4. To be Given on Contract Basis:

The concerned Department of Government of Nepal may give on contract basis by allowing to catch or hunt the aquatics of the prescribed species and to use such water resource for that purpose during the prescribed period in any specified water resource within the area in which these Rules are come into force.

5. To Be Auctioned

5. To Be Auctioned:

A person interested to accept the contract to be  given under Rule 4 shall have to auction by being present in person or his/her proxy on the specified day. Claim of a person failing to auction by being present in the time of auction shall not be entertained afterwards in spite of his/her submission of application by promising to pay as much.

6. Period of Contract

6. Period of Contract:

(1) The contract under Rule 5 may be granted on auction basis by specifying any period from Three years to Five years at  a time as per the place of contract.
(2) Period of such contract cannot be extended without auctioning again.
(3) The concerned Department, while giving the contract, shall entertain through its Fish Section

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