3. Format of Application:
A person interested to be an agent, while submitting an application under Section 4 of the Act, shall submit an
application in the format and by mentioning the details under Schedule 1 to the Director cum Controller, Government of Nepal, Department of Commerce.
1. Short Title and Commencement:
(1) These Rules may be called as “Agency (Amendment and Unification) Rules, 2019 (1963)”.
(2) These Rules shall come into force immediately.
2. Definition:
Unless the subject or context otherwise requites, in these Rules,
(a) “Inspector” means the Inspector of the District Post Office.
(b) “Postal Agent” means the main person appointed for the operation of additional post office.
(c) “Delivery person” means the person appointed for delivery of the postal items from the additional post office.
(d) “Mail carrier” means the person appointed for carrying the mail from the additional post office to the concerned post office and bringing the mail from the concerned post office to the additional
post office.
(e) “Concerned post office” means a government post office prescribed by the Regional Postal Director to dispatch mail, provide postage stamps and other valuable postal items to the additional post office and to accomplish other relevant function.
4. Application and Registration Fee:
A person submitting an application under Rule 3 shall deposit Five Rupees for application fee and One Hundred Rupees for registration fee. The applicant, in the case of not being registered the agency, shall be refunded the amount deposited for registration fee under this rule. Provided that, the amount of application fee shall not be refunded to the applicant.
5. Duration of the Registered Agency, Renewal and Fee:
(1) An agency shall remain valid up to the last day of Chairta (Mid April) of the year in which it is registered. A person intending to get renewed the registration of his agency shall, prior to the termination of duration, have to
get renewed such registration by submitting application to the officer prescribed in Rule 3.
Provided that, the agencies having obtained approval of the Government of Nepal prior to coming into force of the Act, shall pay the lump sum amount of renewal fee from the date of coming into force of the Act to 2019 (1963) and if the agents being registered after coming into force of the Act to the last day of Chairta, 2018 (April 12, 1962) pay the
due charge of renewal of each year in lump sum at the rate as mentioned in sub-Rule (2) within the time limit specified by the Government of Nepal by publishing a notice in the Nepal Gazettee, the official prescribed in Rule 3
may renew the registration of such agencies on condition to be remained the validity up to the last day of Chaitra, 2019 (April 13, 1963) and issue the certificate thereof to the agent.
(2) A person applying for renewal shall submit renewal fee Twenty Rupees with the application. Provided that, the application fee shall not be levied.
6. To be submitted the statement:
Each registered agent, after coming into force of these Rules, shall submit the statement of his business in the
format of Schedule-2 to the office prescribed in Rule 3 in every Three months.
7. Transfer of ownership of agency:
(1) A person interested to gettransferred the ownership of agency being operated by a registered agent shall submit application having enclosed a deed of consent of such registered agent and that of the company giving such agency to the official prescribed in Rule 3. Transfer fee Twenty Five Rupees should have been enclosed with the application. Provided that application fee, however, shall not be levied.
(2) The applicant, in the case of rejection of transfer of ownership, shall be refunded the amount deposited for transfer fee.
8. Repeal:
The Agency Fee Rules, 2015 (1958) and the Agency Fee (First Amendment) Rules, 2018 (1961) are, hereby, repealed.
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)
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
1. Short Title and Commencement:
(1) These Rules may be called “Administrative Court Rules, 2051”.
(2) These Rules shall come into force immediately.
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:
(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:
(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:
(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):
(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.
7. Format of Appeal:
The appeal to be filed as per this Regulation should be in a format as prescribed in Schedule-1.
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:
(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:
(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.
11. Appeal not to be Dismissed:
Even in the event of the death of the appellant prior to final decision by the court on the appeal filed pursuant to this Rule, the court shall not dismiss the appeal rather it shall give final decision on it.
12. Format of Judgment or Order:
Judgments or order by the court shall be written in the format as mentioned in Schedule-2
13. Implementation of the Judgment:
Government of Nepal shall implement the decision made by the court on the appeal filed pursuant to this Rule.
14. Powers as per the Prevailing Law to be Exercised:
IN the course ofproceedings or deciding on the appeal filed pursuant to this Regulation, the court may exercise the powers relating to court procedures as provided by the prevailing laws in addition to the powers conferred by this Regulation.
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:
(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.
17. Seat of the Court: The court shall be located in Kathmandu.
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
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 ….
(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:
(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:
(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:
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:
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:
(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.
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:
(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:
(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.
12. Remuneration:
The postal agent, delivery person and mail carrier shall be paid the remuneration as prescribed by the Postal Services
Department.
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.
15. Function of the Mail Carrier:
The mail carrier shall perform the function of carrying the mail from the additional post office to the concerned post office and exchange point of mail and bringing the mail from the concerned post office to the additional post office and exchange point of mail.
16. Not to be Deemed the Employee of the Government of Nepal:
The postal agent, delivery person or mail carrier appointed under these Rules shall not be deemed as the employee of the Government of Nepal.
17. To be Made Hand Over of Charge by the Postal Agent:
The postal agent while leaving the job of his post, shall hand over all the postage stamp, valuable postal documents and all other cash and goods under his charge.
18. Settlement of Dispute
In case of any dispute between the concerned post office and the additional post office regarding any issue, it shall be
carried on as per the direction of the Regional Postal Director.
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.