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Nepal Special Service Act, 2042 (1985)

4. Authority to issue Passport:

A Passport may only be issued by the Government of Nepal or Nepalese Embassy or any other Mission stationed in any foreign countries which are so authorized for the same by the Government of Nepal. Provided that, (1) An authority to issue a passport may deny to issue a passport to a person with or without showing any reason for the same,

(2) The Government of Nepal may withdraw or cancel at any time an already issued passport with or without showing any reasons therefor, and

(3) It shall be the duty of the person, who is in a foreign visit holding a Passport, to abide by the order or direction issued by the Government of Nepal wherever he/she might have been staying or residing.

5. Penalties:

Whosoever receives or attempts to receive a passport providing false statement or false details, or visits or attempts to visit a foreign country in against of Section 3, or does not abide by the order or direction issued by the Government of Nepal, or misuses the purpose of the passport, or provides his/her passport to any other person for other’s use, or uses others passport, or commits any act which is in against of this Act or Rules framed hereunder, may be punished with an imprisonment up to one year or fined up to Five Thousand Rupees or with both.

6. Government of Nepal to be the Plaintiff:

(1) The Government of Nepal shall be the plaintiff in the case which is to be filed for an offence punishable under
Section 5 and such cases shall be filed before the court by the police with at least the rank of Inspector.

(2) If there is any reasonable doubt for committing or attempting to commit an offence pursuant to Section 5 by a person, any police personnel shall arrest such person even without a warrant and produce such person before his/her authority at least an Inspector.

Nepal Special Service Act, 2042 (1985)

Date of Authentication and Publication
2042-5-12 (28 August 1985)

1. Nepal Special Service

(First Amendment) Act, 2047 (1991)                                                                                                  2047-12-29 (12 April 1991)

2. Republic Strengthening and Some

Nepal Laws Amendment Act, 2066 (2010)                                                                                          2066-10-7 (21 Jan. 2010)

                                                                            Act Number 9 of the Year 2042 (1985)

2. Definition

In this Act, unless the subject or context otherwise requires;
(a) “Service” means Nepal Special Service to be constituted pursuant to
Section 3.

2(b) “Office” means National Investigation (intelligence) Department established pursuant to Section 4 and any regional, zonal and district office under the said Department.

(c) “Prescribed” or “as prescribed” means prescribed or as prescribed in Rules framed under this Act.

4 Establishment of Office:

(1) National Investigation Department shall be established under the Ministry of Home Affairs to operate service related functions.

(2) Regional, zonal and district office, as may be required, may be established under the supervision and control of National Investigation Department established pursuant to Sub-section (1).

(3) Nepal Janasamparka pradhan karyalaya (Nepal Public Relation Head Quarters) established before the commencement of this Act and offices there under shall be deemed to have been transformed in to the National Investigation Department and sub-ordinate offices, as the case may be.

5A. Necessary powers may be exercised in the course of investigation:

(1) The Government of Nepal may cause the National Investigation Department to investigate the matters which it deems necessary.

(2) In the course of investigation to be made by the National Investigation Department pursuant to Sub-section (1) the investigating officer may exercise powers of police conferred pursuant to Police Act, 2012.

(3) If any irregularity is found through the investigation carried out by National Investigation Department pursuant to Sub-section (1) the Government of Nepal shall prosecute against concerned person in accordance with the prevailing law.

7. Saving:

(1) Except in the offence punishable pursuant to Section 9, no employee of the Service or person deputed in the function of Service shall be questioned by any body, authority or court as to when and to whom he/she submitted the information collected in the course of discharging his/her duty or what information was collected by him/her, nor shall be produced before the said organization (body, authority or court) in this regard.

(2) No one shall be compelled to submit or express confidential document of office to any other body, authority or court other than authorized official

8. Prohibited function:

(1) No employee of Service shall abuse his/her office nor shall any person deputed in the function of the Service act in contravention of his/her duty.

(2) No employee of the Service or a person deputed in the function of the Service shall breach confidentiality of Service related function in any way when he/she is in the Service or during in the function of the Service or even after removal or discharge from the Service.

9. Penalty:

An employ of the Service or a person deputed in the function of the Service who acts in contravention of this Act shall be liable to an imprisonment for a term not exceeding Ten years or a fine up to Ten Thousand Rupees or the both 6 depending on the gravity of offence and if he/she has caused any loss or damage of property, the amount of loss or
damage shall be recovered upon making auction of his/her movable and immovable property. If such property is not sufficient for compensation he/she shall be imprisoned in accordance with prevailing law for the dues as if he/she fails to pay fine.

10. Power to try case:

(1) The court constituted or prescribed by the Government of Nepal upon publishing a Notification in Nepal Gazette shall have power to try a case under this Act.

(2) A court pursuant to Sub-section (1) shall follow the procedures as referred to in Special Court Act, 2059.
Provided that notwithstanding anything contained in Clause (e) of Section 7
7 of Special Court Act, 2059 or in other prevailing law in respect of holding a person under detention, if there is a reasonable reason to keep an accused in custody for trial, the court may order to hold such accused under detention for trial upon setting out the statement of government attorney in this regard, if any. In case an accused is so detained, no complaint shall be lodged upon raising a question against the said order.

(3) An appeal may be filed before Supreme Court against the judgments or final order made by the Court pursuant to Sub-section (1) and such appeal shall be heard and decided by a bench of at least three judges.