Skip to contentSkip to left sidebar Skip to footer
Choose language:

Author: mn@admin

Schedule-1 (Relating to Rule 3)

Schedule-1 (Relating to Rule 3)

The Director cum Controller
Department of Commerce,
Government of Nepal, Singhdurbar, Nepal
Dear Sir,
I/we, having mentioned the short details of the agency obtained from the firm, have submitted the original/duplicate copy of my/our being agent of the said firm having enclosed herewith. I/will shall inform immediately in the case of
change of condition or rate while working as an agent of the said firm. I/we shall submit the statement of the  received, sold, stock goods of agency taken by me/us and their rate within three months to you. I/we, while selling the goods, shall not sell them without levying the commission/rebate and profit not to be more than the ceiling prescribed by the Government of Nepal. I/we would like to request you to register as a registered agent to act subject to the terms and conditions prescribed between the firm and the agent. I/we shall  act subject to the prevailing law of Nepal Name and address of the firm giving the agency:
Short details of the goods of which the agency has been obtained:
Area of the agency:
Address of the agent and agency:
Name of the owner/owners of the agent or agency: Applicant
Signature:
Thumb-impressions (both thumbs)
(a) Right
(b) Left

Schedule 2 (Relating to Rule 6)

Schedule 2
(Relating to Rule 6)

The Director cum Controller
Department of Commerce
Government of Nepal, Singhdurbar, Nepal
Statement Form to be Submitted by the Agent or Agency

articulars of
the received
goods		Quantity or
number		Sold
quantity or
number		Remaining
quantity or
number		Purchased price Charge, fare
etc.		Actual price Profit Rate of selling
price 		Remarks
I. C. N. C. I.C. N.C. I.C. N.C. I.C. N.C.

Name of the firm giving the agency:
Address of the same:
The aforementioned statement is right, and in case of being proved of my writing otherwise, I shall bear and pay under the
law of Nepal
Signature:
Full name of the agent or agency:
Address:
Name of owner/owners of agency:
Address

2. Definition

2. Definition:

Unless the subject or the context otherwise requires, in this  Regulation, –
(a) “Act” means “Civil Service Act, 2049”.
(b) “Court” means the court constituted pursuant to Rule 3.
(c) “Member” means a member of the Court and this expression also includes the chairperson.
(d) “Registrar” means the registrar of the court.

3. Formation of the Court

3. Formation of the Court:

(1) An Administrative Court shall be constituted in  the manner as follows:
(a) A person designated or appointed by Government of Nepal from amongst the eligible persons referred to in
Sub-section (1) of the Section 69 of the ActChairperson.

(b) One person designated or appointed by Government of Nepal from amongst the officials who, having
graduation in law, have been working in the post of at least gazetted first class in Nepal Judicial Service or
among the persons who, having graduation in law, have  at least ten years experience in the legal or judicial
sector- Member.
(c) One person designated or appointed by Government of Nepal from amongst the officials who, having
graduation in any subject, have been working in the post of at least gazetted first class in the Nepal  Administrative Service or from amongst the persons who, having graduation in any subject, have at least ten year’s experience in the sector of public administrationMember

(2) Term of office of Chairperson and Members appointed pursuant to Sub-rule (1) shall be five years and they may be re-appointed for the next term.

4. Remuneration, Facility and Terms and Condition for the Service of the Members

4. Remuneration, Facility and Terms and Condition for the Service of the  Members:

(1) Remuneration, facilities and terms and conditions for the chairperson and members shall be commensurate respectively with Chief Judge of the Court of Appeal and the judge of the same.

(2) Notwithstanding anything contained in Sub-rule (1), if a judge of Court of Appeal is acting as chairperson and any official as member, they shall be given only the allowances as prescribed by Government of Nepal for the
day of their bench meeting.

5. Exercise of Powers

5. Exercise of Powers:

(1) All the three members shall collectively exercise powers of the Court and the decision taken by majority shall be deemed to be the decision of the Court.

(2) Notwithstanding anything contained in Sub-rule (1), cases may be initiated and decision may be taken if the chairperson and any of the members  are present. And in the presence of two members except chairperson, cases
may be initiated but no decision may be taken or final order may be made.

(3) While making decision or passing final order on any case in presence of two members pursuant to Sub-rule (2), in case views of two members differ, the matter shall be submitted before the member who was  absent at previous meeting and the view concurred by him/her shall be deemed to be the Court’s decision.

(4) In case the member previously absent also differs by which three members differ each other and there is no majority, proceeding shall be as decided by the chairperson but as to the decision the case shall be referred to
the Supreme Court for sanction and what the supreme court issues shall be done accordingly.

6. Limitation and Date for Presence(Tarikh)

6. Limitation and Date for Presence(Tarikh):

(1) An employee dismissed from service by the competent authority as departmental action rendering him/her
disqualified or not disqualified for government services in future pursuant to the Civil Service Act, 2049, may file an appeal in the court within thirty-five days from the date on which he/she received the order of departmental action
or was served the notice of the same. Provided that, in case the date to file an appeal is expired due force
majure the limitation may be extended for a maximum period of thirty days.

(2) During the proceedings of appeal, the appellant may appear at the court on the date fixed by the court. Failure to appear on the date at the court shall not adversely affect the proceedings or decision on the appeal. The  appellant who fails to appear at the court on the date shall be served notice regarding the decision taken on the appeal by the court.

8. General Procedure and Matters to be Mentioned in the Appeal

8. General Procedure and Matters to be Mentioned in the Appeal:

(1) While filing an appeal, the appellant shall have to complete the following  procedures:-

(a) Appeal shall file in the appellant’s name and address  shall be stated.
(b) The reasons for not being satisfied with the order of departmental action and the matter of claims in shall be
clearly stated.
(c) Appeal shall be written in polite language.
(d) Attested copy of the order against which the appeal has been filed shall be attached.
(e) If a legal practitioner is appointed, his/her name and license number shall be mentioned.
(f) Necessary court fee as prescribed by the prevailing law shall be submitted.
(2) While filing an appeal, the appellant shall also clearly state the followings matters: –
(a) Name of the office whose decision is being challanged,
(b) Name of the case,
(c) Date of the decision,
(d) The law under which the appeal has been filed.

9. Appeal Registration

9. Appeal Registration:

(1) The court shall register the appeal which is duly made as per this Regulation If the limitaton for filing the appeal is found expired or other procedures are not being followed, the appeal shall be returned back stating the reason therefor. Provided that, in case the appeal so returned is duly proclaimed within seven days from the date of return, such appeal shall be registered.

 

(2) An appeal may also be filed through the official or office who has issued the order of punishment. Such appeal, along with all the related documents, shall be forwarded to the court by the official or office within  seven days from the date of receving the appeal received.

10. Proceedings and Decision on Appeal

10. Proceedings and Decision on Appeal:

(1) Upon studying the appeal registered pursuant to Rule 9, if it is found that the aggrieved appellant is due
to procedural error of the competent official or for any other reason, the court may issue a reasoned order to such official for further investigation. If such order is made, other investigation has to be carried out and findings thereof
shall be forwarded to the court.

(2) In course of proceedings of the appeal filed under this Regulation, the court may inquire the concerned party and may order to submit the related documents. Provided that, the authority imposing departmental punishment shall
not be compelled to disclose the source of information with regard to the departmental action taken.

(3) The court shall render the final decision on the appeal on the basis of the document produced and considering the rationale of the punishment and for this purpose the court may uphold or quash the decision or may remit the
penalty or acquit the person.

(4) Generally, the court shall render final decision on an appeal within six months from the date of filing of such appeal.

15. Duty, Function and Powers of Registrar

15. Duty, Function and Powers of Registrar:

(1) Subject to regular control and direction of the chairperson, registrar shall have powers and duty to monitor
and control the administrative affairs of the Court. All the personnel of the court shall be under the administrative control and supervision of the registrar.

(2) In addition the functions and duty referred to in Sub-rule (1), the other functions and duties of the registrar shall be as follows:

(a) To register petition,

(b) To register appeal,

(c) To register letters of appointment of the lawyer by appellants,

(d) To cause to submit court fees as prescribed by prevailing Laws for registration of appeal,

(e) To issue notices and cause to execute it and make necessary endorsement,

(f) To regulate the date (Mayad and Tarikh) of the parties in case so expired and arrange for the date to appear
before the court.

(g) To cause to manage the running and already decided cases,
(h) To prepare annual reports,
(i) To make correspondence with regard to the proceedings
as per the order of court,

(j) To provide copies of the documents of cases as per the existing laws. However, copies of any confidential
documents attached to the case file shall not be provided.

(k) To return the original document to the concerned party after copying it,

(l) To manage the applications filed for inspection of the documents.

(3) The registrar may delegate some of his/her power to other subordinate official

16. Order of the Court to be Obeyed

16. Order of the Court to be Obeyed:

(1) It shall be the duty of all concerned to abide by the order or decision issued by the court.

(2) The court may, having exercised powers similar to that of the appellate court, take action on contempt the court pursuant to the Administration of Justice Act, 2048 (1991) against any person who does not abide by the decision or order of the court.

18. Repeal and Saving

18. Repeal and Saving:

(1) Administrative Court Rules, 2044 is, hereby, repealed.
(2) The decisions made and works carried out under the Administrative Court Rules, 2044, shall be deemed to have been made or carried out under this Rules.
(3) On matters referred to in this Rules, it shall be as per these Rules, and for others matters it shall be as per the prevailing laws.

Schedule –1 (Relating to rule –7) Appeal submitted to The Administrative Court

Schedule –1 (Relating to rule –7) Appeal submitted to The Administrative Court

Appeal No………… of the year……………. …………………………………..Appellant
Against
……………………………………….. Defendant Case:……………………………………………. I/We, enclosing herewith necessary fees of Rs………for the appeal, file this appeal with the following details and making the following claims within. ………days for being dissatisfied with the order issued on the date……. by the office…………./official to take action.
1……………………..
2………………………
3…………………………
4. The above mentioned description is true and correct if found false, I/we shall
be liable as per laws.
5. Documentary evidence enclosed
(a)
(b)
(c)
……………….
Appellant
Done on this …….., the … in day of the month of….. of the year ….

Schedule –2 (Relating to rule 12) Administrative Court Bench

(Relating to rule 12) Administrative Court
Bench

Decision / order made by
Chairperson ……………
Member……………….
Member……………..
Appeal No. ……….. of the year…………
Case…………………….
………………………………………appellant
Versus
…………………………………………………..respondent
In this case,………..
(…………..) (………..) (…………..)

Name Name Name
Member Member Chairperson
Seal of the Court
Done ……..……..day of the month of ……….. of the year …….

3. Establishment of Additional Post Office

3. Establishment of Additional Post Office:

(1) The Postal Services Department may establish an additional post office in a particular place. The additional post office established in this way shall have temporary status up to the period of one year.

(2) In the case of being generated the amount up to one third of the expenditure of operation of the additional post office within one year from its establishment, the 1Regional Postal Director shall recommend to the Postal Services Department to give permanent status to such post office.
(3) The Postal Services Department, upon reception of the  recommendation under Sub-rule (2), may grant approval of permanent status of the additional post office.

(4) In case of failure to be generated the amount up to one third of the expenditure necessary to operate the post office within one year of establishment of the additional post office, the period of such post office may be extended for up to two times at the rate of one year. The  Regional Postal Director, in case of failure to be generated the aforementioned amount of expenditure within the extended period even extending such period, may dismiss the additional post office or shift elsewhere in the place of transaction by obtaining prior approval of the
Postal Services Department.

4. Official Hour of the Additional Post Office

4. Official Hour of the Additional Post Office:

(1) The official hour of the additional post office shall be as prescribed by the Regional Postal Director.Provided that, the said time shall be no less than 2 hour per day in any way.
(2) In regard to the official hour of the additional post office, a notice written in clear and bold letters should be publicly displayed, and in case of amendment of the time, it should be published prior to at least Seven days.

5. Function of the Concerned Post Office

5. Function of the Concerned Post Office:

The function of the concerned post office shall be as follows:

(a) To give the valuable postal documents like postage stamp, envelope with stamp, aerogram etc. for the operation of post office to the postal agent without security up to One Thousand Rupees, by taking pledge up to Two Thousand Rupees and as prescribed by the Director General for above than the said limits; and it may be automatically increased at the rate of Fifty percent  after Five years and Cent percent after the subsequent Five years (Ten years in total).

(b) To pay the amount of stationary cost, remuneration and other amount specified for the additional post office in lump sum to the postal agent; and to keep a receipt thereof by getting signed by the postal agent.

(c) To collect the monthly statement of expenditure of the additional post office and to forward the same to the Postal Services Department from time to time

.
(d) To check up the postage stamp, cash and other valuable postal documents contained in the additional post office and all the activities thereof.

(e) To maintain the account of permanent goods of the additional post office.

6. Function and Duties of the Inspector

6. Function and Duties of the Inspector:

The function and duties of  the inspector in regard to the additional post office shall be as follows:
(a) To inspect the additional post offices within the district once in 6 months in general.
(b) To submit the report of inspection to the District Post Office and to forward one copy of the same to the 3 Regional Postal Directorate.
(c) To make necessary cooperation to solve the problem of the additional post office in course of inspection.

7. Appointment of the Staff:

7. Appointment of the Staff:

(1) The official specified by the Postal  Services Department or the Regional Postal Director shall appoint the
postal agent, delivery person and mail carrier.
(2) A bond in the format of Schedule – 1 should have been got signed before holding the duty of post by the postal agent, delivery person and mail carrier.
(3) The postal agent, delivery person and mail carrier shall have to take oath in the format of Schedule – 2 before holding the duty of post.
(4) The official responsible to appoint under Sub-rule (1) shall have to give the name and address of the additional post office, name, address, age, qualification, bond and other details of the postal agent, delivery person and mail carrier appointed for operation of the said post office to the concerned post office and one copy of the same 4….. should have been forwarded to the Regional Postal Directorate and Postal Services Department.

 

 

8. Qualification of Postal Agent, Delivery Person and Mail Carrier

8. Qualification of Postal Agent, Delivery Person and Mail
Carrier:

A person without the following qualification cannot be
appointed to the post of postal agent, delivery person and mail carrier of
the additional post office:
(a) Nepali citizen.
(b) Completion of 16 years of age.
(c) Not being convicted of the criminal offence of moral turpitude
from the court.
(d) Literate in Nepali and knowledge of Roman scripts also.
(e) General knowledge of mathematics.
Provided that, the knowledge of Roman scripts and
general knowledge of mathematics shall not be compulsory for
the mail carrier.

9. Priority for Appointing the Postal Agent

9. Priority for Appointing the Postal Agent:

(1) Generally the following person shall be given priority respectively while appointing as the postal agent:
(a) A person recommended in written by the 5Village Development Committee or Municipality.
(b) A person recommended by a Gazetted Officer of Government of Nepal.
(c) A teacher involved in a school under the 6Village Development Committee or Municipality.
(d) A local shopkeeper having his permanent business.

(2) Notwithstanding anything written in Sub-rule (2), the official responsible for appointment, if he deems right, may appoint any one  among those mentioned above to the post of postal agent.

10. Facility of Leave

10. Facility of Leave:

(1) The postal agent, delivery person and mail carrier of the additional post office may obtain the following leave
within a year:
(a) Casual leave Three days.
(b) Sickness leave Six days.
(c) Home leave Twelve days.
Provided that,
(1) Leave other than sickness leave cannot be taken more than Two days
once in general.
(2) Leave of a year cannot be taken in the next year.
(2) One shall be paid full remuneration for any kind of leave.
(3) The leave shall be only the facility and it is not a matter of right.

11. Official Granting Leave

11. Official Granting Leave:

(1) The following official may grant leave to the following person:
(a) The postmaster of the concerned post office to the  postal agent.
(b) Postal agent to the delivery person and mail carrier.
(2) While granting leave, it should be granted on condition of not to be disturbed the function of additional post office.

13. Function and Duty of the Postal Agent

13. Function and Duty of the Postal Agent:

The function and duty of
the postal agent shall be as follows:
(a) To register the governmental letters (official documents) registry
items and domestic parcels.
Provided that, prior approval of the 7Regional Postal
Director should have been obtained for making arrangement of
registration of domestic parcels.
(b) To make delivery of the postal items.
(c) To maintain the attendance record of the staff working in the
additional post office.
(d) To receive and dispatch the mail between the additional post
office and the concerned Government post office no less than
Twice a week.

14. Function and Duties of the Delivery Person

14. Function and Duties of the Delivery Person:

The function and duties of the delivery person shall be as follows:

(a) To make delivery of the postal items in the prescribed area (delivery bit).
(b) To keep the evidence of delivery of postal items by getting certified from the postal agent.
(c) To act for the postal agent during his taking leave.
Provided that, he shall not be paid any additional remuneration for acting for the postal agent during his leave.

19. Empowerment of the Regional Postal Director to Take Action

19. Empowerment of the Regional Postal Director to Take Action:

(1) The Regional Postal Director may reprimand or dismiss the postal agent, delivery person and mail carrier failing to accomplish the function   in consonance with these Rules.

(2) The Regional Postal Director, in the case of causing any loss to the Government of Nepal or any other person by the postal agent, delivery person and mail carrier either intentionally or by negligence or by failing to abide by the Rules and orders, may recover the said loss from the concerned postal agent, delivery person and mail carrier by
deducting fully and partially from his remuneration.

(3) The concerned postal agent, delivery person or mail carrier may complain to the 8Director General of the Postal Services Department against the action taken under Sub-rule (1) or (2) by the Regional Postal Director and the decision of the 9Director General of the Postal Services Department shall be final in such case.

20. Repeal

20. Repeal:

The Additional Post Office Rules, 2019 (1962) are, hereby,  repealed.

N.B.: Terms transformed by the Additional Post Office (Second Amendment) Rules, 2049 (1992):- “Regional Postal Director” in lieu of “Controller”

Schedule – 1 (Relating to Sub-rule (2) of Rule 7) Bond

(Relating to Sub-rule (2) of Rule 7)
Bond

It is hereby written by Mr. ….. aged …. years, the son/daughter of Mr. ….. the grandson/granddaughter of Mr. ….., a resident of ……. Village Development Committee/Municipality Ward No. ….., ….. District, …… Zone that I shall
maintain safety and soundness of the cash and goods to be obtained in the name of the Additional Post Office from the governmental or nongovernmental sector that I shall sell the postage stamp and other valuable postal documents
received from the concerned post office for sale by levying the prescribed price that I shall accomplish the function of sorting of postal items, operation of mail and delivery in an honest and regular manner without any bad intention,
negligence or partiality that I shall bear and pay under the prevailing law of Nepal in the case of my embezzlement of any government property or accomplish any function against the Postal Act, 2002, Additional Post Office
Rules, 1977, other Post Office Rules or the received Direction and that I, having stated the aforementioned content with my free will and consent, have prepared this bond and submitted to the Government of Nepal through ……
Done on ….. year, …… month ……. Date ……. Day.

Schedule – 2 Relating to Sub-rule (3) of Rule 7) Form of Taking Oath

Relating to Sub-rule (3) of Rule 7)
Form of Taking Oath

I Mr./Ms. ……………… solemnly take oath that I, as a postal agent/delivery person/mail carrier of the Additional Post Office, shall honestly accomplish my prescribed duty to the best of my knowledge and conscience, being loyal to the
country, avoiding partiality, fear or jealousy, greed and prejudice and that I shall not reveal directly or indirectly or point the governmental confidential matter known by me in course of my job to any person other than an official
during my service period and after my service period also.
Signature: ….
Date: …..

Preamble

We, the Sovereign People of Nepal,

Internalizing the people’s sovereign right and right to autonomy and self-rule, while
maintaining freedom, sovereignty, territorial integrity, national unity, independence and
dignity of Nepal,

Recalling the glorious history of historic people’s movements, armed conflict, dedication
and sacrifice undertaken by the Nepalese people at times for the interest of the nation,
democracy and progressive changes, and respecting for the martyrs and disappeared and
victim citizens,

Ending all forms of discrimination and oppression created by the feudalistic, autocratic,
centralized, unitary system of governance,

Protecting and promoting social and cultural solidarity, tolerance and harmony, and unity
in diversity by recognizing the multi-ethnic, multi-lingual, multi-religious, multi-cultural
and diverse regional characteristics, resolving to build an egalitarian society founded on
the proportional inclusive and participatory principles in order to ensure economic
equality, prosperity and social justice, by eliminating discrimination based on class, caste,
region, language, religion and gender and all forms of caste-based untouchability, and
Being committed to socialism based on democratic norms and values including the
people’s competitive multiparty democratic system of governance, civil liberties,
fundamental rights, human rights, adult franchise, periodic elections, full freedom of the

press, and independent, impartial and competent judiciary and concept of the rule of law,
and build a prosperous nation,
Do hereby pass and promulgate this Constitution, through the Constituent Assembly, in
order to fulfil the aspirations for sustainable peace, good governance, development and
prosperity through the federal, democratic, republican, system of governance.

Part-1 Preliminary

Preliminary

1. Constitution as the fundamental law:

(1) This Constitution is the fundamental
law of Nepal. Any law inconsistent with this Constitution shall, to the extent of
such inconsistency, be void.

(2) It shall be the duty of every person to observe this Constitution.

2. Sovereignty and state authority: The sovereignty and state authority of Nepal
shall be vested in the Nepalese people. It shall be exercised in accordance with the
provisions set forth in this Constitution.

3. Nation: All the Nepalese people, with multiethnic, multilingual, multi-religious,
multicultural characteristics and in geographical diversities, and having common
aspirations and being united by a bond of allegiance to national independence,
territorial integrity, national interest and prosperity of Nepal, collectively constitute
the nation.

4. State of Nepal:

(1) Nepal is an independent, indivisible, sovereign, secular,
inclusive, democratic, socialism-oriented, federal democratic republican state.
Explanation: For the purposes of this Article, “secular” means religious,
cultural freedoms, including protection of religion, culture handed down from the
time immemorial.

(2) The territory of Nepal shall comprise:

(a) the territory existing at the time of commencement of this
Constitution, and

(b) such other territory as may be acquired after the
commencement of this Constitution.

5. National interest:

(1) Safeguarding of the freedom, sovereignty, territorial
integrity, nationality, independence and dignity of Nepal, the rights of the Nepalese
people, border security, economic wellbeing and prosperity shall be the basic
elements of the national interest of Nepal.

(2) Any conduct and act contrary to the national interest shall be
punishable by the Federal law.

6. Languages of the nation: All languages spoken as the mother tongues in Nepal
are the languages of the nation.

7. Official language: (1) The Nepali language in the Devnagari script shall be the
official language of Nepal.

(2) A State may, by a State law, determine one or more than one
languages of the nation spoken by a majority of people within the State as its
official language(s), in addition to the Nepali language.

(3) Other matters relating to language shall be as decided by the
Government of Nepal, on recommendation of the Language Commission.

8. National flag: (1) The national flag of Nepal consists of two juxtaposed triangular
figures with a crimson-coloured base and deep blue borders, there being a white
emblem of the crescent moon with eight rays visible out of sixteen in the upper
part and a white emblem of a twelve rayed sun in the lower part.

(2) The method of drawing out the flag and other particulars relating
thereto shall be as set forth in Schedule-1.

9. National anthem etc:

(1) The national anthem of Nepal shall be as set forth in
Schedule-2.

(2) The coat-of-arms of Nepal shall be as set forth in Schedule-3.

(3) The Rhododendron Arboreum shall be the national flower, Crimson
Colour shall be the national colour, the Cow shall be the national animal and the
Lophophorus shall be the national bird of Nepal.

  1. Pages:
  3. 1
  4. 2
  5. 3
  6. 4
  7. ...
  8. 120
  9. 121
  10. 122
  11. 123
  12. 124
  13. 125
  14. 126
  15. 127