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Chapter – 10 Provision Relating to Communication and Airport Security

Chapter – 10

Provision Relating to Communication and Airport Security

73. No Person shall Manage the Light and Symbol Except the Department : (1) No person shall manage such type of light to create a confusion to the pilot by erecting things like shed, tower, pillar, or tree at the airport, airport area and specified place for the departure and landing of the Aircraft.

(2) Other technical terms and restrictions to be adopted for the managing of the light by the Department pursuant to Sub-rule (1) shall be as prescribed in Annex and Manual.
74. Aircraft Communication and Equipment of Navigational Aid to be Fixed : (1) Each public passenger aircraft registered in Nepal shall have to be fixed by the Radio Communication and equipment of Navigational Aid for the exchange of information and necessary for the Navigational Aid.

(2) Other technical matters relating to the fixing of the communication and equipment of Navigational Aid pursuant to sub-rule

(1) shall be as prescribed in Annex and Manual.

75. No person shall enter into the Airport Area without Permission
:

(1) No person shall have to enter into the airport area without having the order of the Director-General or authorized person except the person as follows :-

(a) Air passengers.
(b) The persons related to the functions of the air flight and airport.
(c) The person related to the functions of carrying goods and documents to or from the Aircraft.

76. Slaughter House not be Established : No person shall establish the slaughter house around Three kilometer of the airport area.

77. Environment shall not be Polluted : No person shall store and throw solid wastes around the area of the airport which may pollute the environment.

Chapter – 11 Miscellaneous

Chapter – 11

Miscellaneous 78. Log Book :

(1) Each aircraft registered in the Kingdom of Nepal, shall maintain the up-to-date log book as following :-
(a) Journey log-book.

(b) Aircraft log-book.
(c) One engine log book in case of one engine Aircraft and separate engine log book for each engine in the aircraft having more than one engine.
(d) One pitch propeller log book in case of one pitch propeller aircraft and separate pitch propeller log book for each pitch propeller in the aircraft having more than one pitch propeller.
(e) Radio parts log book if having Radio Parts in the Aircraft.

(2) The power to issue a journey log book pursuant to Clause (a) of Sub-rule (1), shall be the Director-General and the power to issue other log books shall be the Director-General or authority prescribed by him/her.

(3) Other procedures and details relating to maintain and up to date the log book pursuant to Sub-rule (1) shall be as prescribed in Annex and Manual. 79. Order and Direction may be Issued: (1) Subject to the provisions of the Act and these Rules, the Department may issue necessary order or direction to the concerned body, organization and persons for the execution of Annex and Manual.

(2) While issuing an order and direction pursuant to Sub-rule (1), it may be issued particularly on the subjects as follows:-

(a) Matters relating to the registration and marking of the Aircraft.
(b) Matters relating to inspection of the Aircraft and providing certificate.
(c) Matters relating to the airport and the equipment, and other physical objects to be fixed in the Aircraft.
(d) Matters relating to the functions to the performed by the Private License holder in relations to the Crew, Aircraft Repairing and Maintenance and Air Traffic Controller.
(e) Matters relating to the operation of visual and Instrument flight.
(f) Matters relating to the establishment and operation of Air Traffic Control, Flight Information and Alerting Service.
(g) Matters relating to adopt the minimum safety measures as determined.
(h) Matters relating to providing information of air crash, making an investigation and floating of information relating to it.
(i) Matters relating to floating information about weather for the air flight operation.
(j) Matters relating to providing information in relation to Air traffic controller and Air Navigation System.
(k) Matters relating to fix the standard communication equipment in Air Navigation and determining the process of operation of such equipment,

(l) Matters relating to collection and flotation of information for the flight and operation of the Aircraft. 

80. Annex and Manual may be Enforced : The Department may enforce the Annex or any part of it, Manual and documents or any part of such Manual and document issued by the International Civil Aviation Organization on the basis of requirement and reason-ability with a view to make the Air Flight secure, regular and systematic.

81. Manual, Requirements and Directives may be Framed :

(1) The Department may frame Manual, Requirements and directives on the subjects mentioned in Schedule-3, not to be contrary to the Act and these Rules, taking into consideration that the National and International recognition for the execution of Rules, Annex, Manual and standard, prescribed by the International Organization in relation to Air Transport Service Operation.

(2) The provisions mentioned in the Manual, Requirements and Directives made pursuant to Sub-rule (1), shall be enforced to all the parties, relevant to the Air Transport Service Operation.

82. Recognition may be Provided : The Department may recognize and execute the Rules and standards prescribed by the International Organizations in relation to air flight and air service operation, until the Manual, Requirements and Directives pursuant to Rule 81 are farmed.

83. ……………………

84. ………………………….

85. Delegation of Power : Among the powers vested to the Director General pursuant to these Rules, the Director-General may delegate some power to the official under him.

86. ………………..

87. Repeal and Saving : Civil Aviation Rules, 2019 (1962) has been repealed and except otherwise provided in these Rules, all types of License, Rating and certificate provided pursuant to that Rules shall be considered to be provided pursuant to these Rules. In the matters written in these Rules shall be pursuant to these Rules and on the matters not written in these Rules shall be as mentioned in Annex and Manual.
Schedule – 1
Schedule – 2
Schedule – 3

Chapter 1 Preliminary

Chapter 1 Preliminary

1 Short Title and Commencement:

(1) These Rules may be called ” Civil Aviation (Mishap Investigation) Rules, 2024 (1967)”.
(2) These Rules shall come into force immediately.


2. Definition: Unless the subject or context means otherwise, in these Rules,-
(a) “Particular type of loss” means the loss in which a large repair is to be made in any part or machine of the aircraft or the machine is to be replaced.
(b) “Mishap” means the mishap of aircraft with the following situation as a result of any kind of disorder in the aircraft within the period from a person’s or persons’ boarding to disembarkation in and from an aircraft with an objective to fly :-
(1) Event of causing any loss in the aircraft to be a particular type of loss,
(2) Event of falling on aircraft, burning or destruction of aircraft by any reason,

(3) Event of death of a person inside or outside an aircraft or being touched with any object flown in the aircraft or in a situation of clause (1) and (2) above or being seriously injured to be unable to disembark or move from the
aircraft or from the place of mishap due to heavy injury.
(c) “Pilot in Command” means the main person operating the aircraft with his responsibility of flight operation and security during the aviation period.
(d) “Co-pilot” means another operator of aircraft as a subordinate of the Pilot in Command in the aircraft.
(e) “Aircraft owner” means a person or organization in whose name the aircraft is registered.
(f) “Registrar country” means a country in whose registration book the aircraft is registered.

(f1) “Ministry” means the Government of Nepal, Ministry of Culture, Tourism and Civil Aviation.
(g)
“Director General” means the Director General of the Civil Aviation Authority of Nepal established under the Civil Aviation Authority of Nepal Act, 2053 (1996).
(h) “Inspector” means the inspector prescribed by the Ministry to submit report by making investigation of the mishap; and in regard to an aircraft registered in other country, this term also denotes a person nominated to investigate the mishap by that country.

Chapter 2 To Give Information of Mishap

Chapter 2 To Give Information of Mishap

3. To Give Information of Mishap:

(1) Person or persons witnessing the mishap under sub-clause (2) of clause (b) of rule (2) in a place outside from airport area shall immediately give information to the  nearest airport or police check post or post office or wireless office or telephone office or ±Village Development Committee or Municipality or District Administration Office.
(2) The Village Development Committee
or Municipality, in the case of obtaining information or message of mishap or knowledge of mishap within own Ward by any mean, shall immediately make inquiry and inform the nearest airport, or police check post or post office or wireless office or telephone office or District Administration Office by
the fastest medium.
(3) Upon having knowledge of mishap under sub-rule (1) and (2) or any other way, information should be given by mentioning the place of mishap, time and other details to the best of availability (written in sub-rule (2) of rule 5) to the Police Check Post or wireless office or telephone office or post office or the nearest District Administration
Office and so on the District Administration Office and Airport Office shall immediately inform the Director General by the fastest medium.
(4) The Chief Official of Airport or the staff ordering to fly and land the aircraft shall inform the full details of incident occurred within the area of airport to the Chief District Officer and Director General through a fastest medium.


4. The Pilot or Aircraft Owner shall Inform:

(1) In the case of mishap of aircraft within Nepal, the Pilot in Command, Copilot or other  pilot (operator) shall immediately forward an information of technical details with the situation of mishap, time and place to the Director
General through the fastest medium.
(2) The aircraft owner or his representative shall immediately forward an information to the Director General by mentioning the details written in sub-rule (2) of rule 5 as soon as possible through fastest medium.
(3) The aircraft owner or his representative shall, in spite of occurrence of mishap anywhere outside Nepal, of the aircraft registered in Nepal, inform the residential diplomatic mission of Nepal in the concerned nation if any and the Director General.
5. The Director General Shall Inform:

(1) The Director General, after obtaining information of mishap, shall immediately furnish such  information to the Government of Nepal. In a situation of an aircraft registered in a foreign country having mishap under sub-clause (2) and (3) of clause (b) of rule 2, the matter should also be immediately informed to the registering country or the diplomatic official of such country in Nepal in the case of our diplomatic relation with such
country.
(2) The following details should have been mentioned as far as possible in the information of the Director General:
(a) Type of aircraft, nationality and registration mark,
(b) Date, time and spot of mishap of aircraft,
(c) Name of the pilot in command,
(d) Name of owner of aircraft, and also of the hirer if it was operated by hiring,

(e) Name of airport of origin and airport of destination of the aircraft,
(f) Geographical details of the event spot by mentioning the details to make convenience to find out the mishap spot,
(g) Number of the persons falling in the mishap or injured ones (name to the best of availability)


6. To inform Repeatedly:
(1) In a situation of not being obtained the details of mishap at a time under rule 5, the office responsible to inform
under sub-rule (2), official or the Director General, shall continue to furnish the information repeatedly to the extent of reception of details once and again.

(2) In a situation of necessity to inform the other foreign country under rule 5, the Government of Nepal shall immediately inform by mentioning also the matter in short regarding the decision of how is the
mishap being probed.
7. To Mention the Details of Mishap: The informant, while giving information of mishap, shall mention the details under sub-rule (2) of rule 5 as far as possible.

Chapter 3 Preservation of Evidence and Getting Probed the Mishap

Chapter 3
Preservation of Evidence and Getting Probed the Mishap

8. Presentation of Evidence of Mishap:

The Director General,immediately upon reception of information of mishap, shall take cooperation of the Chief District Officer and Police of the District of mishap and make necessary arrangement and management to prevent theill-fated aircraft from further worsening and damage, forbid the unauthorized persons to enter into the aircraft and mishap-spot, prevent the theft, damage or loss of the ill-fated aircraft, the goods contained therein, dead bodies and other items, preserve the evidence of mishap safe and sound and also take photograph of the evidences if necessary for their proper preservation.
Provided that in case of necessary to protect the goods, dead bodies, mail and such other valuable goods containing in the aircraft from arson or other thing, and in case of necessary to withdraw such items from the aircraft, remove or keep them by carrying to other safe place or necessary to remove the aircraft from the mishap spot for the purpose of continuing the air transport or remove the public obstacle and risk, the Director General, to the extent of such removal, may issue an order to that effect.


9. Probe of Mishap and Right to Probe:

(1) The +Ministry can probe any mishap by itself or prescribe an inspector for such function.
(2) The Probing Officer under sub-rule (1) shall be entitled to carry on the following matters:-
(a) To probe by entering into the ill-fated aircraft or mishap spot in any time, and order to keep the
aircraft and any part or machine of the aircraft as usual without motion until the function of probe has
been completed.
(b) To test the aircraft or any part of aircraft or material kept in the aircraft, remove, make analytical test,
order to keep as usual with safety or order to carry on which is necessary in this regard as per
necessity.
(c) To order to submit the books, documents, certificate and other materials which are realized as  
being related to the mishap and keep by possessing such book, document, certificate or other availed evidence until the completion of function of probe.
(d) To make presence of a person who is realized as right through a written notice, collect information
or statement in regard to the mishap from him, and get signed the person in the statement stating that
the statement given by him is true.
(e) To probe by entering into any place if it is necessary to probe the mishap. Provided that in case of necessary to enter into one’s home to carry on this affair, entry should be made only by furnishing a written information.
(f) To keep the statement taken earlier by the
Chief District Officer or Police if any as the document of
evidence by including it in the case file.


10. Report of Mishap: The official probing the mishap, after properly probing and inquiring on the event, shall prepare a report with the whole details of mishap and the reason of mishap, his opinion with reasoning
based on the collected evidence and the suggestions along with the other matters to be done in the future for not occurring such mishap. Since such a report is merely an administrative and technical report prepared on the basis of the mishap-related subjects only; it shall not be applied as an evidence of any civil or criminal case.


11. Recognition of Evidence as Requested by the Registrar Country: In case the registrar country requests in written form to keep the aircraft, the goods contained therein and evidences safe and sound without loss until the authorized representative of that country makes observation, the Director General, to the extent of appropriateness and
practicability of doing as per such request, shall carry on as per the request by taking necessary action to that effect.

Provided that notwithstanding anything written above, this rule shall not obstruct to carry on as per the proviso of rule 8 if necessary.


12. To Release the Aircraft or its Goods: The Director General, in case it is not necessary for probing the mishap or the function of probing is over, shall, on condition of not causing adverse effect on the matter of rule 8 and 11, release the possession on the aircraft or the goods containing therein or any part or machine of aircraft and deliver or get
delivered the same to the aircraft owner or his nominee in the case of aircraft registered in Nepal and to the person duly nominated by the registrar country in the case of the aircraft registered in other country.

Chapter 4 Miscellaneous

Chapter 4 Miscellaneous

13. Authority of Government of Nepal to Probe: The Government of Nepal, if it deems necessary to make extensive probe of the mishap prior to or completion of probe of mishap under rule 9, may get probed in special manner.


14. Mishap Probe Commission: The Government of Nepal, if it likes to get probed the mishap in an extensive manner, shall constitute a Mishap Probe Commission and the Commission shall consist of at least 3  members among which one will be appointed as the chairperson of the Commission by the Government of Nepal. The Government of Nepal may depute other experts also as advisors to assist the Commission.


15. Duty of the Mishap Probe Commission: The Mishap Probe Commission shall have the duty to find out the whole details and causes of mishap and to submit report by finding out the following particular matters:-

(a)
(b)
(c)
Time and place of mishap,
Cause of mishap and by what situation occurred the mishap, and
Facts along with the suggestions regarding what types of
measures might be right to be taken by the official of the civil
aviation administration so as to make arrangement of not
occurring such mishap in the future with an objective of more

security of the passengers, public and the persons assigned in the function of civil aviation.


16. Report of Mishap Probe Commission: The report of Mishap Probe Commission shall be merely an administrative and technical. This report shall not be prepared with an objective relating to any civil or criminal case and it shall not be used and presented as evidence in any action of court.


17. Regarding the Mishap of Aircraft Registered in Other Country: In the case of mishap of aircraft registered in a country other than Nepal, the Government of Nepal may grant permission to the authorized representative and advisor of the registrar country to be present in the probe. In case the registrar country requests in written
form the Government of Nepal to make active participation of the said representatives in the function of probe, the Government of Nepal may also grant permission to the representative for active participation.


18. To be Paid Remuneration to the Person Probing the Mishap: In case a person other than the staff of Government of Nepal is assigned in the function of probing the mishap, the Government of Nepal may pay remuneration and other expenditure to such person.


19. Arrangement of Search, Security and allowing to Remove the Debris: (1) The Government of Nepal may grant necessary facility to a person duly authorized by the registrar country for the function of search of the lost or ill-fated aircraft, security, probe, repair or protection of the damaged goods to enter in the country.


(2) The Government of Nepal may provide the duty facility under the prevailing law of Nepal to temporarily bring aircraft, search tools, parts and goods with exemption of customs or other tax for the purpose of search of ill-fated aircraft, security, probe, repair or removal of debris     and to return them after completion of function.


(3) In the case of not taking back any aircraft, tools, parts, goods and ill-fatted aircraft or the parts thereof and the goods loaded in the same aircraft within six months of entry in Nepal, they will be subject to customs duty under the prevailing law of Nepal.


Changes: Terms changed by the Civil Aviation (Investigation of   Mishap) (First Amendment) Rules, 2057 (2000):
(a) “Airport” in lieu of “Hawaiadda”
(b) “District Administration Office” in lieu of “Zonal Commissioner Office”
(c) “Director General” in lieu of “director

Chapter-1 Preliminary

Chapter-1 Preliminary

1. Short Title and Commencement:

(1) These Rules shall be called as “Asset (Money) Laundering Prevention Rules, 2066 (2009).”
(2) These Rules shall come into force immediately.


2. Definition: Unless the subject or context otherwise requires, in this Rules,-
(a) “Act” means Asset (Money) Laundering Prevention Act, 2008.
(b) “Customer” means individual, firm, company, organization or entity having business relation with the bank, financial institution or non-financial institution.
(c) “Technical Committee” means the committee formed pursuant to Rule 5.
(d) “Directives” means the Directives issued by the Financial Information Unit pursuant to Rule 7.
(e) “Regulatory Body” means the entity or officer authorized by the existing  law to regulate any business.
(f) “Coordination Committee” means the coordination committee formed pursuant to Section 8 of the Act.
(g) “Reporting Institution” means bank, financial institution, non-financial institution and government entity having obligation to report information and particulars to the Financial Information Unit as per the provisions of
the Act, Rules and the Directives
 .

Chapter-2 Threshold Transaction and Functions of the Coordination Committee and the Technical Committee

Chapter-2 Threshold Transaction and Functions of the Coordination Committee and the
Technical Committee

3. Threshold Transaction:

(1) Nepal Rastra Bank may, while prescribing the threshold of transaction for the purpose of Section 6 (1) of the Act, prescribe different threshold for different transaction by taking into account the area, subject matter and the nature of the transaction involved.
(2)
Nepal Rastra Bank may, while prescribing the threshold pursuant to Sub Rule (1), consult the regulatory body.
(3)
Nepal Rastra Bank shall, while prescribing or amending the threshold pursuant to Sub Rule (1), publish a public notice thereof.
4. Functions of the Coordination Committee:

(1) The Coordination Committee may, for the purpose of Section 8 of the Act, furnish recommendations to the
Government of Nepal on the following matters.
(a) Prevention of the offence;
(b) To cause monitoring of the activities made for the prevention  of the offence;
(c) Obtaining the membership of the international organizations working for the prevention of the offence;
(d) The policy, strategy, plans to be adopted and made by theGovernment of Nepal and the implementation of the
decisions made;
(e) Implementation of the annual report of the Financial Information Unit on the prevention of the offence;
(f) Other matters as deemed necessary by the committee.
(2) The coordination committee may, while furnishing recommendations pursuant to Sub-rule (1), furnish the recommendations to the concerned Ministry as per necessity based on the subject matter or straight to the office of the Prime Minister and the Council of Ministers.


5. Formation of the Technical Committee: (1) For the purpose of assisting the Financial Information Unit to execute the objective of the Act, there shall be a Technical Committee constituted as follows:

(a) Chief, the Financial Information Unit – Coordinator
– Member
(b) Representative, the Department
(c) Representatives, Nepal Rastra Bank
(one from each of the Foreign
Exchange Department and the– Members
– Member
Regulation Department)
(d) Representative, Nepal Police
(e) Representative, Nepal Securities Board – Member
(f) Representative, Insurance Board – Member
(g) Deputy Director, Financial Information
Unit – Member Secretary
(2) The Technical Committee shall assist the Financial Information Unit in
the following functions:
(a) Formulation of measures or strategy necessary for the control
of the offence;
(b) Implementation of the measures or strategy formulated

pursuant to (a);
(c) Promotion of awareness for the control of the offence;
(d) Performing other functions prescribed by the Coordination Committee.
(3) The coordinator may call the meeting of the Technical Committee as per necessity and the meeting procedure shall be as fixed by the committee itself.
(4) Officials of the concerned authority or any other expert may, as per necessity, be invited to the meeting of the Technical Committee.


Chapter-4 Obligation of the Regulatory Body, Reporting Institutions and Natural  person

Chapter-4
Obligation of the Regulatory Body, Reporting Institutions and Natural  person

8. Power to Designate Regulatory Body: The Government of Nepal may, if there is no regulatory body to regulate any institutions obliged by the Act and these Rules to report to the Financial Information Unit, designate any regulatory body in 6 consultation with the Coordination Committee to regulate such institution or person.

9. Obligation of Regulatory Body: The regulatory body shall have the following  obligation in relation to the prevention of the offence:
(a) Execute or cause to execute the Act, these Rules and the Directives,
(b) Issue necessary directives to the institutions it regulates,
(c) Inspect and supervise whether or not the concerned institutions or person has complied with (a) and (b),
(d) Provide the Financial Information Unit with the report of the inspection and supervision conducted pursuant to (c).

10. Obligation of the Reporting Institution: In addition to the obligation mentioned
in the Act, the reporting institution shall have the following obligation:
(a) Maintain record of the transaction as prescribed by the Financial Information Unit,
(b) Update customer profile of the existing customer as prescribed by the Financial Information Unit and submit the record thereof to the FIU within 5 years from the date these Rules come into force,
(c) Maintain a separate confidential record of the suspicious transaction duly signed by the concerned officer and the chief of the office,
(d) Designate a high ranking managerial level official as a compliance officer and provide the Financial Information Unit with the name, address and contact number (telephone) of the compliance officer,
Provided that, in case of the government office, the chief of the office or any officer designated by him/her may perform the task of the compliance officer.

11. Obligation of the Compliance Officer:

The obligation of the Compliance Officer designated pursuant to Rule 10 (d) shall be as follows:
(a) Function as focal point to perform tasks in accordance with the Act, these Rules and the Directives.
(b) Cause to maintain secure record of transaction,
(c) Provide information about suspicious or other necessary transaction to the  Financial Information Unit through letter or electronic means of communication like fax, email,
(d) Provide information about transaction of the branch offices to the Financial Information Unit in a regular basis.

12. Obligation of Natural Person: It shall be the obligation of the concerned natural  person to provide information and particular to the Financial Information Unit if such natural person is so required by the Act and the Directives issued in exercise of the power granted by  these Rule.

13. Complaint may be lodged through electronic means of communication: A person lodging complaint with the Department pursuant to Section 13 of the Act may lodge the complaint through electronic means of communication such as fax and email.
14. Anonymous Complaint may be lodged: If anyone lodging complaint pursuant to the Act and these Rules wishes to remain anonymous, he/she can request such anonymity and the details like his/her name and address shall not be disclosed.
15. Format of Complaint Register: The Department shall register the complaints it receives in a register as prescribed in schedule-1.

16. Copy of the Evidence may be given: If the person lodging complaint before the Department as per the Act and these Rules submits any evidence along with the complaint, the Department may give the complainant the attested copy of the evidence submitted.

17. Appointment of the Investigation Officer: (1) The Department, while appointing or designating Investigation Officer, shall appoint or designate in a form as prescribed in Schedule-2

.
(2) While appointing or designating the Investigation Officer pursuant to8 Sub-rule (1), the time period within which the inquiry and investigation are to be completed and the name of the supporting staffs shall be mentioned.

(3) The investigation officer shall, if the investigation is not completed within the time period stipulated pursuant to Sub-rule (2), request the Department  with reason for additional period of time.

(4) If an additional period of time is requested as per Sub-rule (3), the Department may, based on the nature of the inquiry and investigation, extend the time not exceeding 35 days at a time for a maximum period of 120 days.
18. Format of Subpoena (Notice): The Department shall, while issuing notice to someone to appear for inquiry or statement or clarification in the course of inquiry or investigation, subpoena the concerned person in a form as specified in Shedule- 19. Format of Arrest Warrant: The Department or the investigation officer shall, while arresting someone in course of inquiry or investigation, give the concerned  person an Arrest Warrant as specified in Schedule-4.

20. Format of Detention Order:

The Department or the investigation officer shall, if someone needs to be detained in the course of inquiry or investigation, give the concerned person a Detention Order as specified in Schedule-5.

21. Search and Seizure: (1) The investigation officer shall, while entering into someone’s house or compound for the purpose of search in the course of an inquiry or investigation, give notice of the search and prepare a seizure report of the goods seized, if any.

(2) For the purpose of Sub Rule (1) the format of search notice shall be as prescribed in Schedule-6 and seizure report in Schedule-7.

(3) The investigation officer shall, if he/she needs to take with him/her the cash, kind or any other goods seized during search conducted as per Sub-rule (1), prepare the receipt (acknowledgement) of his/her taking away of such goods and shall hand the paper over to the official of the bank, financial institution and nonfinancial institution if the search is conducted in such institution. If the search is9 conducted elsewhere, the receipt (acknowledgement) shall be given to the landowner or the owner of the goods or the person taking charge of the goods. If such concerned person is not available or if such person does not accept to receive such receipt (acknowledgement), the investigation officer shall hand it over to the representative of the local body.
(4) If the representative of the local body as mentioned in Sub Rule (3) is not available, the receipt shall be posted in the spot where the seizure report is created and it shall be mentioned in the seizure report.
(5) Posting of the receipt (acknowledgement) as prescribed in Sub-rule (4) shall be deemed as concerned person receiving the acknowledgement.

22. Format of Date: The Department shall, while keeping the suspect a Date Note (Taarekh Parcha) create an attendance record as specified in Schedule-8 and issue in a form as specified in Schedule-9.

23. Format of Bail and Guarantee:

(1) The Department or the investigation officer shall use the form as specified in Schedule-10 for the purpose of bail or guarantee from the suspects.

(2) The suspect shall sign a document as specified in Schedule-11 if he/she posts the property of his/her ownership as bail or guarantee and other  person shall sign a document as specified in Schedule-12 if he/she posts the
property of his/her ownership as bail or guarantee for the suspect.

24. Supplementary Statement (Tatimba) Permitted: The investigation officer may, if he/she thinks it necessary in the course of inquiry or investigation to take information about the offence or the accused, take supplementary information or statement from the person having such information.

25. Format of Order to freeze or control property, account or transaction: (1) While taking into control or freezing the property, account or transaction relating to the offence, the Department shall take into control or freeze the same by issuing an order in a format as specified in Schedule-13.

(2) While freezing the property, account or transaction pursuant to Sub-rule

(1), the claim, lien or right over such property, account or transaction may also be frozen.


26. Format of Inquiry or Investigation Report: The investigation officer shall, upon completion of inquiry or investigation, submit the report thereof in a format as specified in Schedule-14.


27. Format of Charge-Sheet: The Department shall, while filing a case, prepare and file a charge-sheet in a format as specified in Schedule-15.


28. Termination or postponement of the complaint: The Department may terminate the following complaints:
(a) The complaint that is not related to the offence,
(b) The complaint that does not require proceeding based on the available evidence,
(c) The complaint covering the same content and context which was once  terminated without supplying any new evidence.


29. Information may be received through the Financial Information Unit: The Department may, if any information or particular needs to be sought from any institution of a foreign country in course of inquiry or investigation, seek such information or particular through the Financial Information Unit.


30. Record of the Freezing and Freed to be kept: (1) The Department shall, if it receives bail or guarantee from the suspect or on his/her behalf pursuant to Rule 23 or has taken into control or frozen any property, account or transaction pursuant to Rule 25, maintain a record thereof.
(2) The details including registration number of the complaint, name, family name, address, property, account, transaction and asset of the suspect, date of order issued to control or freeze the property, name of the office that takes into control or freezes the property, date and reference number of the letter written requiring the property to be taken into control or frozen shall be mentioned in the record maintained as per Sub-rule (1).
(3) The Department shall, if the property taken into control or frozen 
pursuant to Sub-rule (1) gets freed, update the record thereof accordingly.


31. Freezing to be undone and assets to be returned:

(1) The Department shall, if it has frozen in course of investigation any person’s property, account, passport or asset guarantee received on his/her behalf, undo the freezing within Thirty days from the date of the decision, if any, is made not to sue such person.
(2) In case the accused gets acquitted from the charges filed under the Act and a decision is made not to make an appeal against the acquittal, the court shall undo the freezing of the account, passport, property, transaction of the suspect within Thirty days from the date the statutory limitation for appeal expires.
32. Investigation Officer may be changed: If any investigation officer fails to perform the designated tasks for whatsoever reason or there exists reasonable ground to infer that it is not appropriate to have the investigation officer perform  the designated tasks, the Department may appoint or designate another investigation officer in his/her place with explanation of the change.
33. Expert’s Service may be received: The Department may receive the service of an expert of any discipline if such service is required in the course of inquiry or investigation.
34. Expenses may be approved: The chief of the Department may approve the justifiable expenses, devoid of receipt, made by the investigation officer in course of the inquiry or investigation.

Chapter-5 Complaint, Inquiry and Investigation

Chapter-5 Complaint, Inquiry and Investigation

13. Complaint may be lodged through electronic means of communication: A person lodging complaint with the Department pursuant to Section 13 of the Act may lodge the complaint through electronic means of communication such as fax and email.

14. Anonymous Complaint may be lodged: If anyone lodging complaint pursuant to  the Act and these Rules wishes to remain anonymous, he/she can request such anonymity and the details like his/her name and address shall not be disclosed.


15. Format of Complaint Register: The Department shall register the complaints it receives in a register as prescribed in schedule-1.


16. Copy of the Evidence may be given: If the person lodging complaint before the Department as per the Act and these Rules submits any evidence along with the complaint, the Department may give the complainant the attested copy of the evidence submitted.


17. Appointment of the Investigation Officer: (1) The Department, while appointing or designating Investigation Officer, shall appoint or designate in a form as prescribed in Schedule-2.


(2) While appointing or designating the Investigation Officer pursuant to 
Sub-rule (1), the time period within which the inquiry and investigation are to be completed and the name of the supporting staffs shall be mentioned.


(3) The investigation officer shall, if the investigation is not completed within the time period stipulated pursuant to Sub-rule (2), request the Department with reason for additional period of time.


(4) If an additional period of time is requested as per Sub-rule (3), the Department may, based on the nature of the inquiry and investigation, extend the time not exceeding 35 days at a time for a maximum period of 120 days.


18.
Format of Subpoena (Notice): The Department shall, while issuing notice to someone to appear for inquiry or statement or clarification in the course of inquiry or investigation, subpoena the concerned person in a form as specified in Shedule- 3.


19. Format of Arrest Warrant: The Department or the investigation officer shall, while arresting someone in course of inquiry or investigation, give the concerned person an Arrest Warrant as specified in Schedule-4.


20. Format of Detention Order: The Department or the investigation officer shall, if someone needs to be detained in the course of inquiry or investigation, give the concerned person a Detention Order as specified in Schedule-5.


21. Search and Seizure: (1) The investigation officer shall, while entering into someone’s house or compound for the purpose of search in the course of an inquiry or investigation, give notice of the search and prepare a seizure report of the goods seized, if any.

(2) For the purpose of Sub Rule (1) the format of search notice shall be as prescribed in Schedule-6 and seizure report in Schedule-7.


(3) The investigation officer shall, if he/she needs to take with him/her the cash, kind or any other goods seized during search conducted as per Sub-rule (1), prepare the receipt (acknowledgement) of his/her taking away of such goods and shall hand the paper over to the official of the bank, financial institution and non financial institution if the search is
conducted in such institution. If the search is conducted elsewhere, the receipt (acknowledgement) shall be given to the land owner or the owner of the goods or the person taking charge of the goods. If such concerned person is not available or if such person does not accept to receive such receipt (acknowledgement), the investigation officer shall hand it over to the representative of the local body.


(4) If the representative of the local body as mentioned in Sub Rule (3) is not available, the receipt shall be posted in the spot where the seizure report is created and it shall be mentioned in the seizure report.


(5) Posting of the receipt (acknowledgement) as prescribed in Sub-rule (4) shall be deemed as concerned person receiving the acknowledgement.


22. Format of Date: The Department shall, while keeping the suspect a Date Note (Taarekh Parcha) create an attendance record as specified in Schedule-8 and issue in a form as specified in Schedule-9.


23. Format of Bail and Guarantee: (1) The Department or the investigation officer shall use the form as specified in Schedule-10 for the purpose of bail or guarantee from the suspects.


(2) The suspect shall sign a document as specified in Schedule-11 if he/she posts the property of his/her ownership as bail or guarantee and other person shall sign a document as specified in Schedule-12 if he/she posts the
property of his/her ownership as bail or guarantee for the suspect.


24. Supplementary Statement (Tatimba) Permitted: The investigation officer may, if he/she thinks it necessary in the course of inquiry or investigation to take information about the offence or the accused, take supplementary information or statement from the person having such information.


25. Format of Order to freeze or control property, account or transaction: (1) While taking into control or freezing the property, account or transaction relating to the offence, the Department shall take into control or freeze the same by issuing an order in a format as specified in Schedule-13.


(2) While freezing the property, account or transaction pursuant to Sub-rule


(1), the claim, lien or right over such property, account or transaction may also be frozen.


26. Format of Inquiry or Investigation Report: The investigation officer shall, upon completion of inquiry or investigation, submit the report thereof in a format as specified in Schedule-14.


27. Format of Charge-Sheet: The Department shall, while filing a case, prepare and file a charge-sheet in a format as specified in Schedule-15.


28. Termination or postponement of the complaint: The Department may terminate the following complaints:
(a) The complaint that is not related to the offence,
(b) The complaint that does not require proceeding based on the available evidence,
(c) The complaint covering the same content and context which was once terminated without supplying any new evidence.


29. Information may be received through the Financial Information Unit: The Department may, if any information or particular needs to be sought from any institution of a foreign country in course of inquiry or investigation, seek such information or particular through the Financial Information Unit.


30. Record of the Freezing and Freed to be kept: (1) The Department shall, if it receives bail or guarantee from the suspect or on his/her behalf pursuant to Rule 23 or has taken into control or frozen any property, account or transaction pursuant to Rule 25, maintain a record thereof.


(2) The details including registration number of the complaint, name, family name, address, property, account, transaction and asset of the suspect, date of order issued to control or freeze the property, name of the office that takes into control or freezes the property, date and reference number of the letter written requiring the property to be taken into control or frozen shall be mentioned in the record maintained as per Sub-rule (1). 

(3) The Department shall, if the property taken into control or frozen

pursuant to Sub-rule (1) gets freed, update the record thereof accordingly. 

31. Freezing to be undone and assets to be returned:

(1) The Department shall, if it has frozen in course of investigation any person’s property, account, passport or
asset guarantee received on his/her behalf, undo the freezing within Thirty days from the date of the decision, if any, is made not to sue such person.


(2) In case the accused gets acquitted from the charges filed under the Act and a decision is made not to make an appeal against the acquittal, the court shall undo the freezing of the account, passport, property, transaction of the suspect within Thirty days from the date the statutory limitation for appeal expires.


32. Investigation Officer may be changed: If any investigation officer fails to  perform the designated tasks for whatsoever reason or there exists reasonable ground to infer that it is not appropriate to have the investigation officer perform the designated tasks, the Department may appoint or designate another investigation officer in his/her place with explanation of the change.


33. Expert’s Service may be received: The Department may receive the service of an expert of any discipline if such service is required in the course of inquiry or investigation.

34. Expenses may be approved: The chief of the Department may approve the justifiable expenses, devoid of receipt, made by the investigation officer in course of the inquiry or investigation.

Chapter-6 Miscellaneous

Chapter-6 Miscellaneous

35. Oath to be taken: The person working as an investigation officer, supporting officer or expert pursuant to the Act and these Rules shall, prior to taking on  duties, take an oath before the chief of the Department as prescribed in Schedule- 16.


36. Writing to maintain record: If the Department files charge or takes any action against any bank, financial institution or non-financial institution or any person, institution, the Department shall inform the concerned institution or regulatory body of such action

.
37. Procedure to impose fine: (1) Where the Financial Information Unit has to impose fine to any bank, financial institution or non-financial institution as per Section 31 of the Act, the concerned bank or institution shall be informed of the activities resulting to fine, grounds and reason for fine and the proposed amount of  fine. Such bank or institution shall be given Seven days time to defend itself. 

(2) Where the Department has to impose fine to a any person as per Section 12 (2) and 18 (3) of the Act, the concerned person shall be informed of the activities resulting to fine, grounds and reason for fine and the proposed amount of fine. Such a person shall be given Seven days time to defend himself.


(3) The Financial Information Unit or the Department may fine the institution or person if the institution or person fails to submit defense in  accordance with Sub-rule (1) or (2) or the submitted defense is not satisfactory or
reasonable.


38. Protection of action taken in good faith: No charge or legal proceeding shall be initiated against the officials of the Financial Information Unit and the Department for any acts they perform in accordance with the Act and these Rules in good faith.


39. Confidentiality:

(1) The information, particulars and documents received by the Financial Information Unit in accordance with the Act, these Rules or Directive shall remain confidential under Section 3 of Right to Information Act, 2008.
(2) The information, particular and documents as mentioned in Sub-rule (1) shall not be provided to other entity except to the Department, investigation officer or the court.
(3) No information and copy of the documents received by the Department in accordance with the Act and these Rules shall be given to any entity or person except to the concerned investigation officer or the court.


40. Manual: (1) The Financial Information Unit may develop and implement necessary Manual to perform the tasks it is required to perform as per the provisions of the Act and these Rules.

Schedule- 2 (Relating to Sub-rule (1) of Rule 17)

Schedule- 2 (Relating to Sub-rule (1) of Rule 17)
Format of Complaint Register
Money Laundering Investigation Department
Complain Register
Date:-………………………
Subject:- Appointed/Designated to work as an Investigation Officer
Mr./Mrs./Ms
…………………………
As you have been appointed/designated to perform as an Investigation Officer, pursuant to Section 15 of the Money Laundering Prevention Act, 2064 and Sub-rule (1) of Rule 17 of the Money Laundering Prevention Rules, 2066 (……) for the investigation and inquiry of the following complaints. You shall conduct the work of investigation and
inquiry remaining within the direct supervision and control of the …….. of the Department and submit a Report including your opinion to the Department within………days. Yours

Support Staffs shall be as following:
1. Registered Number of the complaint and synopsis of the complaint:
2. Support Staffs:
SN Designation Name, Surname Office
1. ……………………………………… ……………………………. ………………………………
2. ……………………………………… ……………………………. ………………………………
3. ……………………………………… ……………………………. ………………………………
4. ……………………………………… ……………………………. ………………………………
5. ……………………………………… ……………………………. ………………………………
Signature:
Head of the Department

Schedule-3 (Relating to Rule 18)

Schedule-3 (Relating to Rule 18)

Format of the Notice (Subpoena)
Issued by the Money Laundering Investigation Department
Notice
Mr./Mrs./Ms
…………………………
As this Department has received a complaint (Synopsis of the Complaint) on (Date)…………… and in the course of investigation and inquiry, it has become necessary to  inquire with you, therefore, you are, hereby, requested to appear before the Department/Tour Station,…………………………(Place) on…………………………..(Date an
Time).
Of the Investigation Officer
Signature:
Name, Surname:
Date:

Schedule-4 (Relating to Rule 19)

Schedule-4
(Relating to Rule 19)

Format of Arrest Warrant
Issued by the Money Laundering Investigation Department
……………………………………………….
An Arrest letter issued in the Name of Mr./Mrs/Ms……………………………………..having the age…………of years, resident of……………………………………………………………………,Grandson of……………………………………………son of………………………………..resident of………………………..
Whereas, it has become essential to arrest you in the course of investigation and inquiry of an offence relating to money laundering pursuant to Money Laundering Prevention Act, 2064 and Money Laundering Prevention Rules, 2066, therefore, arrest warrant has been issued. You are requested to appear before the Department along with the Police Personnel/Personnel who serves this Arrest warrant. In case it is followed accordingly, it has been ordered to the Police Personnel to arrest and produce you before the Department.
Officer of the Department/Investigation Officer
Signature:
Name, Surname:
Designation:
Date:

Schedule-5 (Relating to Rule 20)

Schedule-5 (Relating to Rule 20)

Format of Detention Order
Detention Order Issued by the
Money Laundering Investigation Department
Mr./Mrs./Ms
………………………….
Whereas, the investigation and inquiry of the complaint registered in this Department on……………………(date) has to be investigated upon keeping you into Detention/as you were requested (Ordered) of a deposit or guarantee in the course of investigation or inquiry since you could not produce such deposit/guarantee, this detention order has been
issued to you pursuant to the Rule 20 of Money Laundering Prevention Rule, 2066 to keep you in the custody, with the provision of sidha, from the date.
Of the Investigation Officer
Signature:
Name:
Designation:
Date:
Copy to:-
……………………………
Concerned Jail Office

Schedule-6 (Relating to Sub-rule (2) Rule 21)

Schedule-6
(Relating to Sub-rule (2) Rule 21)
Format of the Search Notice
Notice of the Search
Mr./Mrs./Ms.
…………………………
Whereas, in the ………………………case to which Government of Nepal is  and………………………………………is/et.al are/ defendant/s in which……………………is a   complainant, there is a possibility of being kept or availability of things or materials or documents used in committing the offence or related to the officer in the building, land or
place where the accused is living or residing, therefore, this Notice is, hereby, issued in your name, to search the building, land or place.
I, hereby, request for your kind co-operation.
Of the Investigation Officer
Signature:
Name:
Designation:
Date:

Schedule-7 (Relating to Sub-rule (2) Rule 21)

Schedule-7
(Relating to Sub-rule (2) Rule 21)
Format of deed of Seizure
Notice of the Search
………………………………Deed of Seizure of (building, land, place, material, commodity,
thing, or from the human body).
1. Brief of the complaint:
………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………
2. Details of searching of the personnel to be involved in the search process:
………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………
3. Details of the things, commodity, material and details and four boundaries place,
land or building:
………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
…………………………………………………………………………………………………………………..
4. Details of the seized goods and materials in the course of search:
………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………
21
5. Name, Surname, Age, Address and Signature of the Eye witness:
………………………………………………………………………………………………………………………
………………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………
6. Representative of the local body (So far possible):…………………………………………
7. Name, Surname, Ag, Address and sign of the person in whose presence deed …
prepared
(a) Police of the Department/Personnel who were engaged in the search of my
building, materials, commodities or things, first searched themselves, and
search process was done with due respect and no lose or damage of the
building or goods has been in this process; I,……………………resident
of………………….owner of building or goods/person responsible, hereby, sign
confirming this statement.
(b) Name, Surname, Address and Signature of the Accused (So far possible):-
8. Officer engaged in the search and seizure process:-
Other Police Personnel:
9. Date:-
Time:

Schedule -9 (Relating to Rule 22)

Schedule -9
(Relating to Rule 22)
Format of the Date Note
Issued by Money Laundering Investigation Department/Tour Station……… Date Note issued in the name of…………………………….
……………………..Case……………………………Year…………………………..Number ……………………………………………………
Versus
For the purpose of……………………………a date of…………………………………has been so fixed, you are request to appear before the Department on that day at………………..o’clock
Personnel issuing the Date
Signature:
Name, Surname:
Designation:
Date

Schedule- 10 (Relating to Sub-rule (1) of Rule 23)

Schedule- 10
(Relating to Sub-rule (1) of Rule 23)
Format for a Bail/Guarantee Order
By the complainant of…………………….versus, Government of Nepal -Plaintiff
………………………………………………………………./Defendant
Case:………………………
1. Summary of the case
2. Grounds, reasons and Legal Provision for demanding the bail or guarantee
3. Demanded Bail Amount:
By the Order of
Signature:
Name, Surname:
Designation:
Date:

Schedule-11 (Relating to Sub-rule (2) of Rule 23)

Schedule-11 (Relating to Sub-rule (2) of Rule 23)

A Deed of providing bail/guarantee
To Money Laundering Investigation Department,
…………………………………………………….
Whereas, I acknowledge the order for demanding the bail made on……………………(date) by this Department. I shall appear on such place or date as appointed by the Department. I, hereby, agree, to confiscate the bail amount or guarantee or to recover from any other my property if it is not so recovered from the guarantee, in case, I don not so appear pursuant to umber 124 and No. 124A of the General Code (Muluki Ain), accordingly.
……………………..
Signature:
Name, Surname, Address:
Father’s Name:
Grandfather’s Name:
Contact Address:

Schedule-12 (Relating to Sub-rule (2) of Rule 23)

Schedule-12
(Relating to Sub-rule (2) of Rule 23)

A Deed of providing guarantee by any other person with regard to bail or guarantee Whereas, I, hereby, acknowledge the order issued by the Money Laundering Investigation Department in the name of……………………Grandson of……………………., son of……………who is a resident of……………….. As he/she is unable to make the bail/guarantee on his/her own as demanded by the Department. So I, hereby, agree to make the bail/guarantee the same on his/her behalf. In case, he/ she does not appear before the Department on such a place or date as appointed by the Department, I agree to confiscate the property which I have made available for bail/guarantee and I also do agree
to recover from my any other property, the due to be paid by him/her is not recovered from the said property.
………………………..
Signature
Name, Surname and Address of the Guarantor
Father’s Name:
Grandfather’s Name
Contact Address:

Schedule-13 (Relating to Sub-rule (2) of Rule 25)

Schedule-13 (Relating to Sub-rule (2) of Rule 25)

Money Laundering Investigation Department
An Ordering regarding Freezing of Property/Account
Mr./Mrs./Ms
…………………………….
Whereas, in relation to the complaint of………………………..registered in the Department against the person/organization and based on the evidence collected in the course of investigation of such complaint pursuant to Money Laundering Prevention Act, 2064 and Money Laundering Prevention Rules, 2066, it has become essential to freeze the Property/Account/Transaction so that no one could transfer, pledge, mortgage, sale or distribute or operate by any means; therefore, it is, hereby, requested to freeze the following Property /Account/Transaction until and unless any otherwise order is issued by this Department or Court of law so that no one could transfer, pledge, mortgage, sale, distribute or operate the property; and the same will be communicated to this Department.
Concerned Officer,-
Signature:
Name:
Date:
Copy to:
(Regulatory Authority in case of Organization)

Schedule-14 (Relating to Rule 26)

Schedule-14
(Relating to Rule 26)

Format of Investigation and Inquiry Report
1. Name and designation of the Investigation Officer and other Supports Staffs:
2. Complaint Number:
3. Date and Time of Information or Complaint:
4. Name and address of the Complainant:
5. Brief of the Complaint:
6. Date, Time and Place of Crime……………
7. Date, Time and Place of Arrest of a suspect, if any:
8. Name, Surname, Age, Address of the suspect (Put all the names in an order if the
number is more than one):
9. Brief of the statement of suspect between the Investigation Officer:
10. Place where materials relating to the offence were found:
11. Detail and description of Money Laundering:
12. Details of means, medium, instrument, machine used in the course or if any
commission of offence:
13. Name, Surname, Address of the witness and summary of his/her statement before
the Investigation Officer:
15. Material Evidence relating to the offence:
16. Analysis of the offence:
17. Grounds to establish the offence:
18. Opinion of the Investigation Officer and Pledge for punishment and reasons thereof:
19. Other essential facts:
20. Chronological arrangements of the documents:

Schedule-15 (Relating to Rule 27)

Schedule-15
(Relating to Rule 27)

(Format of the Charge-sheet)
Produced before the…………………………………………………Court
To be registered pursuant to Sub-section (2) of Section 22 of
the Money Laundering Prevention Act, 2064
Charge-Sheet
Number of the year…………….
Government of Nepal (Complainant……………………………….) Plaintiff
Versus
1. …………………………………………………………
2. ………………………………………………………..Defendant
3. …………………………………………………………..

Case:
1. Detail of the case:
(1)
(2)
(3)
2. Law violated by the accused:
3. Charge/and Claim against the accused:
4. Punishment to be imposed to the accused:
5. In case the accused has supported in the course of investigation or inquiry
pursuant to Section 44 of the Act; details of the same and proposed remittance in
penalty:
6. Evidence:
7. Material evidence and other materials related with the other:
8. Proceeds of crime or other materials having evidential value with the offence:
9. Witness:

Eyewitness:
(a)
(b)
(c)
(d)
10. Documents so produced:
(a)
(b)
(c)
It is hereby requested to the Court to proceed the case.
On behalf of the Department, the
Investigation Officer
Signature:
Name:
Designation:
Date:
Seal of the Office

Schedule-16 (Relating to Rule 35)

Schedule-16
(Relating to Rule 35)

Oath
I … … … … … … … … … pledge with truth and dedication take oath in the name of God that I will perform the role and duty under the designation of ………….of the Money Laundering Investigation Department which I deserved by being honest with the existing laws without fear, flattering, prejudice, malice or greed with the honesty and will not
disclose any known fact during the discharge of duty on any condition of holding or non holding post to anyone except so required while abiding law.
Details of the person taking Oath Authority Certifying the Oath
Name, Surname: Name, Surname:
Signature: Signature:
Date: Date:
Designation: Designation:

Amendments

Amendments:

1. Armed Police (First Amendment) Rules, 2060(2004) 2060.11.28(11 March. 2004)
2. Armed Police (Second Amendment) Rules, 2063(2006) 2063.4.15(31 July 2006)
3. Armed Police (Third Amendment) Rules, 2063(2007) 2063.10.19(2 Feb. 2007)
4. Armed Police (Fourth Amendment) Rules, 2064(2007) 2064.8.3(19 Nov. 2007)
5. Armed Police (Fifth Amendment) Rules, 2065(2009) 2065.12.31(13 April 2009)
In exercise of powers conferred by Section 36 of the Armed Police Force Act, 2058 (2002), the Government of Nepal has framed the following Rules.

Chapter – 1 Preliminary

Chapter – 1
Preliminary

1. Short Title and Commencement:

(1) These Rules may be called as “Armed Police Force Rules, 2060 (2002)”.
(2) These Rules shall come into force immediately.

2. Definitions: Unless the subject or the context otherwise requires, in these Rules,-
(a) “Act” means the Armed Police Force Act, 2057 (2001).
(b) “Headquarters” means Armed Police Headquarters.
(c) “Armed Police Personnel” means Senior Armed Police Constable, Armed Police Constable, Armed Police Assistant Constable and Armed Police Personnel.
(d) “Recruit” means an Armed Police Personnel in the training period having newly appointed.
(e) “Promotion Committee” means promotion committee as referred to in Rule 33.
(f) “Family” means husband, wife, son, unmarried daughter, adopted son, unmarried adopted daughter, father, mother or step mother whom the Armed Police-personnel himself or herself has to
maintain and subsist and this term also includes grand-father, grand-mother in the case of male Armed Police and father-in-law, mother-in-law in the case of a female Armed Police

Chapter- 2 Class, Post and Office of Armed Police

Chapter- 2
Class, Post and Office of Armed Police

3. Class and Post of the Armed Police:

(1) There shall be the following
classes in the Armed Police Service:
Gazetted Non-Gazetted
Special class First class
First class Second class
Second class Third class
Third class Fourth class.
(2) There may be following posts in the classes as referred to in
Sub-rule (1):
Gazetted Special class – Inspector General and Additional Inspector General of the Armed Police.
First class – Deputy Inspector General and Senior Superintendent of the Armed Police.
Second class – Superintendent and Deputy Superintendent of the Armed Police.
Third class – Inspector of the Armed Police. Non-Gazetted
First class – Senior Sub-Inspector of the Armed Police. – Deputy Inspector of the Armed Police.
Second class – Assistant sub-Inspector of the Armed Police.
Third class – Senior Constable of the Armed Police, Constable of the Armed Police and Assistant Police Constable of
the Armed Police.
Fourth class – Armed Police Personnel and Recruit

(3) There may also be different technical posts, peons or classless posts or equivalent thereto in different classes of the Armed Police service.

4. Offices and Chiefs of Office of Armed Police Force:

(1) There shall be the following chiefs of offices in the following offices of the  Armed Police Force:
(a) Armed Police Force Headquarters Inspector General of the Armed Police
(b) Armed Police Force  Training Institute Additional Inspector General of the Armed Police or Deputy Inspector General of the Armed Police
(c) Regional Armed Police Force Brigade Deputy Inspector General of the Armed Police
(d) Armed Police Force Training College Senior Superintendent of the Armed Police.
(e) Armed Police Force Ukti Training College Senior Superintendent of the Armed Police.
(f) Armed Police Force Special Task Force Superintendent of the Armed Police.
(g) Armed Police Force Assistance and Service Directorate
(h) Armed Police Force Battalion Deputy Inspector General of the Armed
Police or Senior Superintendent of the Armed Police
(i) Armed Police Force Training Center Senior Superintendent of the Armed Police or Superintendent of the Armed Police
(j) Armed Police Force Border Security Office Superintendent of the Armed Police
(k) Armed Police Force Gulm Deputy Superintendent of the Armed Police

(l) Other Armed Police Offices as may be  prescribed by the Government of Nepal from time to time
(2) The Government of Nepal may, by a Notification in the Nepal Gazette, make alteration in the offices and posts of chief of office as set forth in Sub-rule (1)

Chapter – 3 Fulfillment of Posts of the Armed Police

Chapter – 3
Fulfillment of Posts of the Armed Police

6. Fulfillment of Post of the Armed Police Service:

(1) The following  posts of the Armed Police Service shall be fulfilled in the following
manner:
Posts By open competition( in percent) By promotion (in percent)
(a) Armed Police Peon or equivalent thereto 100% ×
(b) Armed Police Personnel  100% ×
(c) Assistant Constable of the Armed Police × 100%
(d) Constable of the Armed Police × 100%
(e) Senior Constable of the Armed Police × 100%
(f) Assistant Sub- Inspector of the Armed Police. 25% 75%
(g) Police Sub-  Inspector of the Armed Police × 100%
(h) Senior Sub- Inspector of the Armed Police × 100%
(i) Inspector of the Armed Police 60% 40%
(j) All posts above the Armed Police Inspector × 100%
(2) Notwithstanding anything contained in Sub-rule (1), the technical posts of the Armed Police shall be fulfilled through the open competition or promotion as may be determined by the Government of Nepal.
(3) Notwithstanding anything contained in these Rules, in order to make inclusive the Armed Police Service, Forty-Five percent posts of the posts to be fulfilled by open competition shall be set aside and be  filled up by having separate competition between the following candidates only, by considering the percentage into cent percent:
(a) Women -Twenty Percent
(b) Adiwasi/Janjati -Thirty Two Percent
(c) Madhesi -Twenty Eight Percent
(d) Dalit – Fifteen Percent
(e) Backward Area -Five Percent Explanation:
(1) For the purposes of Clauses (a), (b),
(c) and (d) of this Sub-rule, “women, Adiwasi/Janajati, Madhesi, and
Dalit” means women, Adiwasi/Janajati, Madhesi, and
Dalit who are backward economically and socially.
(2) For the purposes of this Sub-rule, “backward area” means Accham,
Kalikot, Jajarkot, Jumla, Dolpa, Bajhang, Bajura, Mugu and Humla
districts.
1(4) For the purposes of the fulfillment of posts pursuant to Sub-rule (3), the description of the women, Adiwasi/Janajati, Madhesi and Dalit community who are backward economically and socially shall be as specified by the Government of Nepal in the Nepal Gazette. Provided that, any women, Adiwasi/Janajati, Madhesi and Dalit community shall be deemed to be backward economically and socially until so specified.
(5) In submitting an application for the posts set aside pursuant to Sub-rule (3), the following evidences have to be attached:
(a) In the case of Adiwasi/Janajati, certified by the Nepal Foundation of the Development of Indigenous
Nationalities as Adiwasi/Janajati,
(b) In the case of Dalit, certified by the National Dalit Commission as Dalit,
(c) In the case of Madhesi, certified by the organization as specified by the Government of Nepal by a notification in
the Nepal Gazette as Madhesi,
(d) In the case of backward area, a recommendation by the concerned Village Development Committee or
Municipality that he concerned person has permanently resided in any district set forth in Sub-rule (3) and
obtained the citizenship certificate from the concerned district and has resided permanently in the same place at
the time of making application.
2(6) While determining the percent pursuant to Sub-rule (3), if there is a fraction that is less than One percent, the fraction shall continue to pass on to the immediately next community of the community in respect of which such fraction has resulted. 3(7) If no application is made for posts set aside pursuant to Subrule (3) or the posts cannot be fulfilled because of a required number of candidates could not succeed, then such shortfall number of posts shall be fulfilled from the candidates for open competition as referred to in
Sub-rules (1) and (2).
6. Restriction in fulfillment of posts: Any posts of the Armed Police Service shall not be fulfilled in any other manner except as provided in these Rules.
(2) Salary and other allowances shall not be paid unless the pay roll has been passed from the Police Records Keeping Office in the case of Armed Police working in the Headquarters and offices located in the valley and from the Funds and Accounts Comptroller Office in the case of Armed Police of the other offices.
7. Appointment to the post of Armed Police Service: The following  authority shall appoint to the following post of the Armed Police:
(a) To the Gazetted Post, the Government of Nepal.
(b) To the post of Senior Sub-Inspector of the Armed Police, Sub- Inspector and Assistant Sub-Inspector of the Armed Police, Inspector General of the Armed Police.
(c) To the Sub-Inspector of the Armed Police, Deputy Inspector General of the Armed Police or the Armed Police Officer senior to that post,
(d) To the post of Senior Constable of the Armed Police, Constable of the Armed Police, Assistant Constable and Police Personnel of the Armed Police, Superintendent of the Armed Police or Armed Police Officer senior to that post.
(e) To the post of Armed Police Peon or equivalent thereto, Deputy Superintendent of the Armed Police or Armed Police Officer senior to that post.
8. Necessary qualification for getting appointed to the Armed Police Service :

(1) The following qualifications shall be required in order to be appointed to the following post of the Armed Police Service
to be fulfilled through open competition :-
(a) For the Armed Police Inspector:
(1) having completed the age of Twenty One years and not crossed the age of Twenty Four years on the day of publication of the advertisement,
(2) having obtained Bachelor degree or equivalent thereto from any recognized university,
(3) having obtained the Nepalese Citizenship Certificate,
(4) having at least Five feet Two inches height,
(5) chest having Thirty One inches in normal position and thirty three inches while getting inflated,
(6) eyes not having weaker than plus or minus two,
(7) having obtained fitness certification by a physician as prescribed by the Headquarters,
(8) having obtained good character certificate from the educational institution of own study and other Two serving gazetted officers of the Government of Nepal, except own relatives,
(9) having not been convicted by the court of law of a criminal offence involving moral turpitude,
(10) having not been involved in politics,
(11) having not obtained the membership of an organization with destructive objective,
(12) having not been dismissed from the service,
with being disqualified for the governmental service in the future generally.
(b) For Armed Police Sub-Inspector:
(1) having completed the age of eighteen years and not crossed the age of Twenty Two years as on the day of publication of the advertisement,
(2) having obtained certificate level degree or equivalent thereto from any recognized university,
(3) having obtained the qualifications as referred to in Clause (a) above.
(c) For Armed Police Personnel and Armed Police Peon or equivalent thereto:
(1) having completed the age of eighteen years and not crossed the age of Twenty Two years as on the day of publication of the advertisement for Armed Police personnel and having completed the age of Sixteen
years and not crossed the age of Twenty Five years as on the day of publication of the advertisement for the Armed Police Peon or equivalent thereto,
(2) having the qualification of reading and writing generally, in the case of Armed Police Personnel…………4 and Armed
Police Peon, (3) chest having Thirty inches in normal position and Thirty Two inches while getting
inflated,
(4) having obtained the qualifications as referred to in Clause (a) above.

4 Amended by the First Amendment.
(2) Notwithstanding anything contained in Sub-rule (1), a person working in the Armed Police Service may become the candidate for the posts of the Armed Police Service to be fulfilled through open competition until the attainment of the age of Thirty years.
(3) Educational qualification and other qualification for the technical post of the Armed Police Service shall be as prescribed by the Commission

Chapter- 4 Functions, Duties and Powers of the Armed Police Service Commission

Chapter- 4
Functions, Duties and Powers of the Armed Police
Service Commission

9. Mode of examination to be given by the Commission: The examination to be given by the Commission for the fulfillment of vacant posts in the Armed Police Service may be conducted in any one or more manners as mentioned below:
(a) Preliminary physical examination,
(b) Tolerance and hurdle crossing,
(c) Health check-up,
(d) Practical examination.
(e) Written examination,
(f) Interview, and
(e) Other manner as prescribed by the Commission.

10. Provision relating to curriculum of the examination: The curriculum of the examination to be given pursuant to Rule 9, allotment of marks, and method of evaluation shall be as determined by the Commission.

11. To advertise for competition:

(1) The Commission shall publish or cause to publish advertisement for the competition to fulfill the posts
falling vacant in the Armed Police Service in newspapers or other means of communications to be circulated in different parts of Nepal, setting out necessary details.
(2) In the advertisement to be published pursuant to Sub-rule (1) the following things, among others, shall have to be set out:
(a) Method of examination.
(b) Time limit of at least fifteen days5 for making application.

(3) Any candidate desiring to participate in the competition pursuant to Sub-rule (1) shall have to submit the application form to the place and in time as prescribed in the advertisement along with the examination fee as prescribed.

(4) If any applications submitted pursuant to Sub-rule (3) is found to be in due form upon scrutiny by the Commission, the concerned candidate shall be given an admission card. Provided that, no any action shall be taken on the application not accompanied by the examination fee and not set out other details as mentioned in the advertisement or not submitted within the time limit as prescribed by the commission.

(5) The examinations to be given pursuant to these Rules shall be conducted in the centers as prescribed by the Commission.

5 Amended by the Third Amendment.
(6) Generally, the advertisement published pursuant to Sub-rule
(1) shall not be cancelled. Provided that, if any incidental difficulty occurs, the Commission may cancel or postpone the published advertisement. Except in the case of such postponement or if the application of any candidate has been
rejected, the examination fee paid by a candidate to the Commission shall not be returned back.

12. Examination or Advertisement may be cancelled: If any kind of disorder or irregularity occurs in the examination center while conducting any examination by the Commission or the examination could not be conducted fully or partly in one or all centers due to the cause of any obstruction or hindrance, the Commission may cancel the
examination of that day or all examination of the concerned advertisement setting out the reason thereof.

13. Level of Examination: The level of examination to be conducted by the Commission and pass percentage of each paper shall be as prescribed by the Commission.

14. Practical Examination: In taking the practical examination, the Commission may send the concerned candidate to any other office or institution equipped with the means for such examination. In so taking   the practical examination the commission may also take the cooperation of expert of the concerned subject. The level and pass percentage of the practical examination shall be as prescribed by the Commission.

15. Selection:

If there are not sufficient candidates for written or practical examinations according to the number of post to be filled up or it is impossible to take such examination due to any other reason or it has not been found necessary to take such examination for any particular post, the Commission may select the candidate through other method as
the situation required.

16. Publication of list of successful candidates: The Commission shall publish the name list of the candidates, who have obtained more marks having passed the written or practical examination or who has been found more qualified out of the candidates, in the proportion of vacant  post as prescribed by the Commission, for the information of the
concerned candidate.

17. Formation of Interview Committee:

(1) The Commission shall, from
time to time, form an interview committee to take interview of the candidate whose name has been included in the list pursuant to Rule 16, and the person as prescribed by the Commission shall preside over the committee.

(2) The Rules of procedure of the interview committee as referred to in Sub-rule (1) shall be as prescribed by the Commission.

18. Nomination of expert or specialist: The Commission may nominate the required expert or specialist for the work to be performed by it under this Rule.

19. Provision relating to remuneration: The expert, examiner, member of the interview committee or other person related with the examination to be conducted by the Commission shall be provided with such remuneration as prescribed by the Commission.

20. To prepare merit list: The merit list shall be prepared by adding the marks secured by a candidate who has appeared in the examination and marks as prescribed by the Commission for the division of the educational qualification as mentioned in the advertisement in the case of open competition conducted by the Commission pursuant to Rule 9.

21. To enquire into conduct: An inquiry shall have to be made as to whether or not a candidate to be freshly appointed to the Armed Police Service has been convicted of any criminal cases involving moral
turpitude or whether or not he or she has been a member of an organization having destructive objectives or whether or not he or she has been a member of any political party and if it has been found that the same has not been occurred, only such person shall be appointed to the post of the Armed Police Service.

22. To recommend as per the merit order : (1) In making recommendation of the name of a candidate for appointment, the Commission shall recommend as per the merit list prepared pursuant to Rule 20 and as per the demand made for the fulfillment and the appointing authority shall have to appoint the recommended person
within one month in the case of gazetted Officer and Fifteen days in the case of non-gazetted, on the basis of the merit as recommended by the Commission and the information of appointment shall have to be given
to the concerned candidate and commission through the fastest means.

(2) In making recommendation pursuant to Sub-rule (1) the name list of the alternative candidate up to the per cent, as prescribed by the Commission, of total vacant post as per the merit shall have to be published.

(3) The candidates whose names are included in the alternative list pursuant to Sub-rule (2) shall be appointed as per the merit only in the following circumstances:

(a) If the recommended candidate does not receive the appointment letter within Thirty days of the
publication of notice or of receiving the notice of appointment;

(b) If the post falls vacant due to the death of a recommended candidate or resigns or he or she has
been appointed to the upper post within his or her probation period;

(c) In fulfilling the post falling vacant under the circumstance as referred to in Clauses (a) and (b),
the appointing authority shall appoint the candidate from the alternative list and give the information
thereof to the Commission setting out the reason why the post has fallen vacant.

(4) Notwithstanding anything contained in Sub-rule (3) no alternative candidate shall be appointed after the expiry of the period of One year of the recommendation made by the Commission.

23. Review may be  made: If the Commission has sent the recommendation for new appointment and if it is required to get back the recommendation, before giving the appointment letter, due to the reason of wrong description given by the recommended candidate, the Commission may publish another notice of merit list for recommendation by cancelling the first mentioned recommendation indicating the reason thereof.

24. To maintain secrecy: All types of records related with the examination to be given by the Commission shall be kept secretly.

25. To take oath: Every Armed Police personnel appointed for the first time shall have to take an oath in the format as prescribed in Schedule- 1.

26. Personal details form: (1) Every Armed Police personnel appointed for the first time shall have to fill up three copies of the personnel details form in the format as prescribed in Schedule-2.

(2) The following offices shall keep record of the personal details of the following Armed Police personnel shall be kept in the following offices:
(a) In the Police Records Keeping Office of the Armed Police personnel of all levels.
(b) In the Ministry of Home Affairs and Headquarters of the personnel from Armed Police Assistant
Inspector up to Armed Police Inspector General.
(c) In the concerned Regional Headquarters of all level Armed Police personnel of the concerned region.

(3) The liability of keeping up-to-date records of all description including transfer, promotion, departmental action shall be of the Record Keeping Office pursuant to Sub-rule (2).

27. Probation period: In newly appointing to the permanent post of the Armed Police Service one shall be kept in a probation period of one year from the date of completion of the training period. If the work and activities found to be unsatisfactory during the probation period or if one fails in the Armed Police basic, Armed Police technical or recruit
training as prescribed in these Rules, the appointment of such person shall be cancelled. If the appointment of any Armed Police personnel is not so cancelled, the same shall ipso facto be valid after the completion
of the probation period.

28. To maintain seniority: In maintaining the seniority of Inspector of the Armed Police and Assistant Inspector of the Armed Police, whose appointment has been validated upon the completion of the probation  period pursuant to Rule 27, the same shall be maintained on the basis of the marks secured by them in the Armed Police Officer’s Basic Training.

29. Annual report: The Commission shall have to submit the annual report of works done by it to the Government of Nepal, Ministry of Home Affairs.

 

Chapter – 5 Transfer, Deputation and Promotion

Chapter – 5
Transfer, Deputation and Promotion

30. Power to transfer and depute:

(1) The Armed Police shall generally be transferred on rotational basis in various areas on the unit wise basis.
Explanation: For the purposes of this Sub-rule, the unit-wise transfer means the transfer of all Armed Police serving in a battalion, gulm and other offices equivalent thereto.

(2) Notwithstanding anything contained in Sub-rule (1), the Armed Police may be transferred or deputed as follows:

(a) If any Armed Police, showing a reason, intends to leave the office where he or she is serving and to be transferred to another Armed Police office and makes an application to the office where he or she is serving and such an office has made recommendation for the transfer and the Armed Police office where he or she intends to be transferred to gives consent,
(b) If the Headquarters thinks necessary for any technical post or special work.

(3) The following authority shall have the power to transfer and depute to an Armed Police:
(a) The Government of Nepal, in the case of the Senior Superintendent of the Armed Police and Officer
above the said level,
(b) Inspector General of the Armed Police, in the case of the Deputy Superintendent of the Armed Police,
and Armed Police below that level,
(c) Deputy Superintendent of the Armed Police, in the case of Deputy Inspector of the Armed Police and
the Armed Police below that level within own region,

(4) Generally, no Armed Police shall be posted more than eighteen months in the sensitive area and more than Three years in the same place.

31. Acting, ad interim and officiating provision: (1) If any obstacle occurs in day-to-day function of the office due to falling vacancy of any post of the Armed Police Service, work may be caused to be done by making appointment as acting to that post.

(2) In appointing as acting pursuant to this Rule, acting appointment shall be given only to the Armed Police who has secured highest marks for promotion, out of the Armed Police one level below than that post.
(3) Any Armed Police personnel who has been appointed as acting to the post shall have the right to use the insignia of and exercise all powers of the said post.
(4) The following authority shall appoint as acting to the following post of the Armed Police:
(a) The Government of Nepal to the post of gazetted level Armed Police,
(b) Inspector General of the Armed Police to the post   of non-gazetted level of the Armed Police.

(5) If the post of office-in-charge falls vacant for more than one month due to any reason and no one has been appointed as acting to such post, the office-in-charge of senior to such office may prescribe any Armed Police personnel working below the said vacant post shall work being as acting for that post. In prescribing as acting in such a manner, the notice thereof shall have to be given to the Armed Police Headquarters.
Provided that, generally, no acting shall be deputed to the post of non-gazetted level of the Armed Police.

(6) In prescribing as acting pursuant to Sub-rule (5) acting shall be prescribed to the senior most Armed Police personnel serving in lower post.

(7) Any Armed Police who has been designated to act as acting shall have the right to exercise all powers of such acting post.

(8) In cases where no acting or aid interim has been prescribed and the office-in-charge absents not exceeding one month due to any reason, the senior most Armed Police of the same office shall perform the functions of that post as officiating.

(9) Any Armed Police acting as ad interim, officiating or acting in any post shall receive salary, allowance and ration of the post in which he or she is acting as ad interim, officiating or acting. Provided that, no kind of salary, allowance and ration shall be given for being ad interim, officiating or acting up to fifteen days and in the case of being ad
interim, officiating or acting for more than fifteen days’ salary, allowance and ration for the entire period of such ad interim, officiating or acting shall be given.

(10) The amount of salary and allowance to be received by an Armed Police for being prescribed ad interim, officiating or acting shall not exceed the amount of salary to be received by him or her upon the promotion to such post.

(11) The salary, allowance and ration pursuant to Sub-rule (9) shall be given from the office where he or she has been ad interim, officiating or acting.

32. Authority to make promotion: (1) In promoting to the post of Inspector General of Armed Police, the Government of Nepal shall make promotion to the post of Inspector General of Armed Police, to such appropriate candidate on the basis of ability to perform the work, capacity to bear the responsibility, experience to provide leadership and the ability to encourage and mobilize the Armed Police under own self,
from amongst the Additional Inspector General of Armed Police, and in the case of not having such Additional Inspector General of Armed Police from amongst the Deputy Inspector General of Armed Police.

(2) In promoting to the post of Additional Inspector General of Armed Police, the Government of Nepal shall make promotion to the post of Additional Inspector General of Armed Police, to such appropriate candidate on the basis of ability to perform the work, capacity to bear the responsibility, experience to provide leadership and
the ability to encourage and mobilize the Armed Police under own self from amongst the Deputy Inspector Generals.

(3) Except in the case of the Inspector General of Armed Police and Additional Inspector General of Armed Police, the following authority shall have the right to promote to other posts of the Armed Police Service on the recommendation of the Promotion Committee:
(a) The Government of Nepal, in the case of the post of the Deputy Inspector General of Armed Police and
to the Gazetted Officer level posts below the same,
(b) Inspector General of Armed Police, in the case of the post of Senior Sub-Inspector and Sub-Inspector
of Armed Police,
(c) Deputy Inspector General of Armed Police or Armed Police Officer of higher level, in the case of the post
of Assistant sub-Inspector of Armed Police,
(d) Superintendent of Armed Police or Armed Police Officer of higher level, in the case of the post of
Senior Constable, Constable and sub-Constable of Armed Police.

33. Promotion committee: There shall be a promotion committee consisting of members, as mentioned below, to recommend for promotion to be made to the following posts:
(a) For the post of Deputy Inspector General of Armed Police/ Senior Superintendent of Armed Police,-
(1) Secretary, Ministry of Home Affairs – Chairperson
(2) Inspector General of Armed Police – Member
(3) Additional Inspector General or Deputy Inspector General of
Armed Police – Member-secretary.
(b) For the post of Superintendent, Deputy Superintendent and Inspector of Armed Police,-
(1) Inspector General of Armed Police – Chairperson
(2) Joint Secretary, Ministry of Home Affairs – Member
(3) Deputy Inspector General of Armed Police – Member-secretary
(c) For the post of Senior Deputy Inspector and Assistant sub-Inspector of Armed Police,-
(1) Deputy Inspector General of Armed Police – Chairperson
(2) Senior Superintendent of Armed Police – Member
(3) Superintendent of Armed Police – Member-secretary
(d) For the post of Assistant sub-Inspector of Armed Police,-
(1) Senior Superintendent of Armed Police – Chairperson
(2) Superintendent of Armed Police – Member
(3) Deputy Superintendent of Armed Police – Member-secretary.
(e) For the post of Senior Constable, Constable and Sub-Constable of Armed Police,-
(1) Deputy Superintendent of Armed Police – Chairperson
(2) Inspector of Armed Police – Member
(3) Senior Deputy Inspector or Sub
Inspector of Armed Police – Member-secretary

34. Service period required to become the candidate for promotion:

(1) The following minimum service period in the one level lower post than the post to promote shall be required in order to be promoted:
(a) Four years for the class of gazetted Officer level,
(b) Four years in the post of Senior Deputy Inspector of Armed Police or Six years in the post of Deputy
Inspector of Armed Police for promotion from the non-gazetted post to the gazette post,
(c) Two years for the class of non-gazetted level.
(2) Notwithstanding anything contained in Sub-rule (1) the limitation of minimum service period shall not be applied to get promoted to the following post and in the following circumstance:
(a) For promotion to the post of Deputy Inspector General of Armed Police or to a higher post,
(b) For the promotion of the incumbent army of the Royal Nepal Army and the incumbent police of the
other police services who have been transferred pursuant to Section 16 of the Act to one level
higher post for one time,
(c) For the promotion of a non-gazetted Armed Police who has done an extra-ordinary or courageous or
bold work to the higher post.

35. Restriction to become potential candidate: Notwithstanding anything contained in Rule 34, no Armed Police shall be a potential candidate for promotion in Armed Police during the following period:

(a) If suspended, during the period of such suspension, (b) If the promotion is withheld, during the period of such
withholding,
(c) If demoted to a lower post, up to the period of One year of such demotion,
(d) If the grade is withheld or demoted to the lower grade or the lower time scale, during the period of up to One year of such occurrence.
(e) If reprimanded, up to One year after the date of such reprimand.

36. Basis of promotion: (1) In making recommendation by the Promotion Committee of any Armed Police for promotion, such recommendation shall be made on the basis of his or her working capacity/efficiency.
(2) In making evaluation of working capacity/efficiency of an Armed Police, a maximum of One Hundred and Twenty Five marks shall be given as follows:
(a) For the evaluation of working capacity/ efficiency -Forty marks
(b) For seniority Twenty Four marks
(c) For working in various regions of Nepal -Fifteen marks
(d) For academic qualification -Seven marks
(e) For trainings -Thirty marks
(f) Command -Nine marks

37. Evaluation of work performance:

(1) The work performance evaluation form to be used for the evaluation of work performance of an
Armed Police shall be as prescribed in Schedule-3.

(2) The division of total marks of the evaluation of work performance of an Armed Police shall be as follows:
6 Inserted by the Fifth Amendment.
(a) Maximum marks to be given by the supervisor -Eighteen marks
(b) Maximum marks to be given by the Reviewer -Twelve marks
(c) Maximum marks to be given by the Review
Committee -Ten marks

(3) There shall be a Supervisor, Reviewer and Review Committee as prescribed in Schedule 4 to evaluate the work performance of an Armed Police.

(4) In giving marks for the evaluation of work performance, the same shall have to be given on the basis as mentioned in this Rule and work performance evaluation form.

(5) The evaluation of work performance of an Armed Police shall be made annually (from the first day of the month of Shrawan to the last day of the month of Ashadh).

(6) If the supervisor has given more than Ninety-Five or less than Seventy Five of marks for the evaluation of work performance, the reason thereof shall have to set out and if less than Seventy per cent of marks has been given, information thereof shall be given to the concerned Armed Police and if he or she makes any comments, the
evaluation shall have to be sent to the Review Committee along with the reaction given by the concerned person. If the Committee is unsatisfied with the evaluation done by the Supervisor or Reviewer or both of them,
it may send back the same setting out the reason thereof. In the case of such returning back, the concerned evaluator shall evaluate the same once again or if he or she thinks unnecessary to amend the evaluation made before, then he or she shall send the same setting out the reasonable reason.

(7) While calculating marks for the purpose of work performance evaluation, average calculation of the work performance evaluation form of the latest years that are required to become the potential candidate shall be made.
Provided that, the work performance evaluation for the period of study, training, suspension, dismissal or United Nation’s Service shall be made and marks shall be given in average of the marks obtained in the  immediate year before such study, training, suspension, dismissal or United Nation’s Service.

(8) Other provisions relating to the evaluation of work performance shall be as prescribed by the Promotion Committee.

38. Evaluation of seniority: While giving marks to an Armed Police for seniority, a maximum of Twenty Four marks shall be given at the rate of Two marks for work in the present level or class each year. Provided that, while calculating the marks for seniority of less than One year, the same shall be made pro rata.

39. Evaluation of experience of work done in different regions: (1) The Government of Nepal may classify Nepal into the following regions for the purpose of Clause (c) of Sub-rule (2) of Rule 36:
(a) “A” category very sensitive
(b) “B” category sensitive, and
(c) “C” category normal.
(2) Any Armed Police, working in the following region pursuant to Sub-rule (1) shall obtain the following marks:
(a) A maximum of Fifteen marks at the rate of 2 marks for each year for work done in category “A”
(b) A maximum of ten marks at the rate of 1.5 marks for each year for work done in category “B”
(c) A maximum of five marks at the rate of 1 marks for each year for work done in category “C”
(3) In the case of service rendered by assuming the office in any group of region continuously more than Three months, marks therefor shall be given pro rata. The marks obtained for working in different categories of region shall be calculated only if the same has been  obtained at the present level or post.

40. Academic qualification: (1) The following academic qualification shall be deemed to be the minimum academic qualification for promotion to the following posts of the Armed Police Service:
(a) For the post of Deputy Superintendent of Armed Police and the post higher than that, having passed
bachelor level or equivalent thereto.
(b) For the post of Inspector, Senior Sub-Inspector and Sub-Inspector of the Armed Police, having passed
certificate level or equivalent thereto.
(c) For the post of Assistant Sub-Inspector, having passed tenth class.
(d) For the post of Senior Constable, Police Constable and Assistant Deputy Constable, having passed
eighth class.
(2) Notwithstanding anything contained in Sub-rule (1), if the officers and personnel who have been transferred from the Royal Nepal Army pursuant to Section 16 of the Act have obtained the training as follows, they shall be deemed to have obtained the academic qualification as referred to in Clause (d) of Sub-rule (2):
(a) Deputy Inspector General of Armed Police Senior Superintendent of Armed Police Superintendent of
Armed Police Command and staff college or battalion commander training or rescue or logistics  training or any training of same level or forest warfare or mountain warfare training.

(b) Deputy  Superintendent of Armed Police Battalion commander and staff training or
1. Youth officer training
2. Any one leg of battalion rescue weapons or any one training of same level on rescue or logistics or
forest warfare or mountain warfare training
(c) Armed Police Inspector First class education
(d) Senior Deputy Inspector of Armed Police Deputy Inspector of Armed Police Assistant Inspector of Armed Police

1. Second class training
2. Battalion commander training
3. Map reading
(e) Senior Constable of Armed Police
1. Patti patti training
2. Map reading training
3. Third class education
(f) Constable of Armed Police
1. Third class education
2. Billadar basic training
(g) Assistant Constable of Armed Police
1. Third class education
2. Se Mu Weapon training
(3) For the minimum academic qualification to be required for any existing post in the Armed Police Service, 7, 6.5 and 6 marks shall be given for first, second and third division, respectively.
(4) If it is not the minimum academic qualification as referred to in Sub-rule (3), 5, 4.5 and 4 marks shall be given for the first, second and third division, respectively, of one level lower academic qualification.

(5) Even if it is not the minimum academic qualification as referred to in Sub-rule (4), 3, 2.5 and 2 marks, shall be given for the first, second and third division, respectively, of the one level lower academic qualification than the same.

(6) Marks equivalent to the second division shall be given for the academic qualification not having set out the division.

41. Training: (1) No Armed Police who has not successfully completed the basic training shall not become a potential candidate for promotion and be entitled to take part in vocational/professional training, and no marks shall be given for the basic training.

(2) The basic training and vocational/professional training required for promotion to any post of Armed Police shall be as referred to in Schedule-5.

(3) In cases where training as referred to in Sub-rule (2) has not been operated to fulfill human resources required to expand the Armed Police Force has not been operated, Sub-rule (2) shall not apply for promotion in the case of the Armed Police who have been transferred pursuant to Section 16 of the Act.

(4) The Armed Police from the Armed Police Personnel to Senior Superintendent of Armed Police shall have to obtain a training of at least one subject of each group out of group “A” and group “B” under  the vocational/professional training set forth in Schedule-5 and may do any one subject from the other groups. A maximum of ten marks shall be given for training of each group.

(5) In determining marks for promotion, only the marks for the training of any one subject for each group shall be counted. Separate marks shall not be counted for trainings of more than one subject. Provided that, in counting marks in the case of the Armed Police who has obtained training in more than one subject of any group, the
maximum marks obtained by him or her shall be counted.

(6) In calculating marks for any training taken within and outside the country, of which division is not set out, marks equal to “B” class shall be provided.
Provided that, no marks shall be counted for a training of a period less than Fifteen days.

(7) Marks to be obtained by the Armed Police for the training of any subject of each group under the vocational/professional training shall be as follows:
(a) Theoretical subject Class Percentage Maximum marks to be obtained
A Eighty percent or above Ten
B Sixty-five percent or  above Nine
C Fifty percent or above Eight
D Forty percent or above Seven
(b) Practical subject Class
Percentage Maximum marks to be obtained A Eighty percent or above Nine Tra Fifty percent or above  Eight Gyna Forty percent or above Seven Explanation: If separate marks have been obtained in the theoretical and practical subjects under the vocational/professional training, the marks to be set by dividing the summation of the marks obtained by two shall be deemed to be the marks obtained and marks shall be determined accordingly.

(8) The Headquarters may conduct trainings as per the need for the promotion of Armed Police to the posts of Senior Superintendent of the Armed Police and the technical posts lower than that, and the marks for such trainings shall be counted in accordance with the provisions set forth in this Rule.

42. Evaluation of command: In taking as the basis for promotion, the Promotion Committee shall make evaluation on the basis of the evaluation of any special work for which an Armed Police employee has  been deputed or of the work performed by him or her or of a special  work done by him or her for the Armed Police organization or of the
performance of the specified work efficiently or of the work done in capacity of the chief of office.

43. Promotional Appointment: The Promotion Committee shall publish the name list of the Armed Police recommended for the promotion, and appointment shall be made in a manner that the seniority of the
promoted post is counted from the date of publication of the name list.

Chapter- 6 Salary, Allowance, Daily and Travelling Allowance

Chapter- 6
Salary, Allowance, Daily and Travelling Allowance

44. Salary and Allowance:

(1) Every Armed Police shall receive the salary and allowance from the date of assuming the office.
(2) Salary and allowance to be received for having worked in the Armed Police Service shall be as prescribed by the Government of Nepal from time to time.
(3) After having completed the service period of One year, every Armed Police shall receive salary increment, as prescribed by the Government of Nepal.

45. To receive the earned salary:

(1) Every Armed Police shall receive  the salary after the expiry of each month.
(2) The salary earned by any Armed Police shall be given to him or her, even if he or she has been disconnected from the Armed Police Service in any manner.
(3) Except as otherwise provided in the Act and these Rules, the salary to be received by any Armed Police shall not be withheld while he or she is working or on leave.

46. To deposit amount in the Employee’s Provident Fund:

By deducting the amount at the rate of Ten per cent from the monthly salary of the Armed Police and adding cent per cent amount to that amount, the Government of Nepal shall deposit the said amount in the Employee’s Provident Fund.

47. Dashain Expenses:

1) Every Armed Police personnel shall receive an amount equivalent to his or her one month’s salary being currently
drawn by him or her as the Dashain expenses every year.
(2) Every Armed Police retired from the Armed Police Service with pension shall be given an amount equivalent to his or her pension for one month as the Dashain expense.

48. Daily and travelling allowance:

(1) For the purpose of paying daily and travel allowance, the Armed Police shall be classified as follows:
(a) Senior Superintended of Armed Police and Officers above the same – First level.
(b) From Inspector upto the Superintendent of the Armed Police – Second level.
(c) From Police Personnel upto Senior Sub-Inspector of Armed Police – Third level
(d) Peon or equivalent thereto of the Armed Police – Fourth level.
(2) Every Armed Police shall receive other facility including the daily and travel allowance as prescribed in the Financial Administration Rules on the basis of categorization made pursuant to Sub-rule (1).

Chapter-7 Retirement, Gratuity, Pension and Medical Allowance

Chapter-7
Retirement, Gratuity, Pension and Medical Allowance

49. Compulsory Retirement:

(1) Retirement from the service shall be given after the attainment of the following age of the following Armed
Police or after completion of thirty years of his or her service period:
(a) Inspector General of Armed Police – 58 years
(b) Additional Inspector General and Deputy Inspector General of Armed Police – 56 years
(c) Senior Superintendent and Superintendent of Armed Police – 55 years
(d) Deputy Superintendent of Armed Police – 54 years
(e) Inspector of the Armed Police – 53 years
(f) Senior Sub-Inspector and Sub- Inspector of Armed Police – 52 years.
(g) Assistant Sub-Inspector of Armed Police – 51 years
(b) Senior Constable, Constable, Assistant Constable and Police Personnel of the Armed Police – 50 years
(i) Peon or equivalent thereto of the Armed Police – 55 years.

(2) The following Armed Police shall retain in the following post up to the following tenure from the date of promotion to such post and after the expiry of such period he or she shall be retired.
(a) Inspector General of Armed Police – 4 years.
(b) Additional Inspector General and Deputy Inspector General of Armed Police – 5 years
(c) Senior Superintendent of Armed Police – 7 years.
(d) Superintendent of Armed Police – 10 years.

(3) The Armed Police shall get retirement after the attainment of any one of the age limitation or tenure of the post.
(4) For the purpose of this Rule, the age of an Armed Police shall be calculated in the following manner:

(a) If the date of birth with year, month and day is set out in the citizenship certificate, educational qualification certificate submitted by him or her at the time of joining the service and in the sheet roll and the same date of birth is mentioned in all documents, on the basis of the date on the basis whereof he or she gets retired earlier,

(b) In setting the date of birth on the basis of a certificate indicating the year or Sambat only, on the basis of the date on which he or she retires earlier, out of the date of the receipt of the citizenship certificate in the case of the citizenship certificate, the date of issue of the educational qualification in the case of the educational
qualification certificate and the date of joining of original entry in the case of the sheet roll.

(c) If any certificate contains year only and another certificate sets out the date of birth in full, and
there is a difference of One year between the dates of birth mentioned in such certificates, on the basis
of the date of birth set in full.

(d) On the basis of Clause (b) if the difference of the dates of birth mentioned in separate certificates is
more than one year.

(5) If an Armed Police employee serving in the Armed Police Service at the time of the commencement of this Rule gets retirement because of the completion of the service period pursuant to Sub-rule
(1), pension receivable by him or her shall be counted by adding the period equal to the age that is remaining to obtain retirement pursuant to that Sub-rule to his or her service period.

50. Voluntary retirement: The Authority may grant permission to any Armed Police having completed the period for receiving the pension pursuant to Rule 54 to get retirement, if he or she desires.

51. Acceptance of resignation:

The following official shall have the authority to accept the resignation of the Armed Police:
(a) Posts of gazette officers Government of Nepal
(b) Posts of Senior Deputy Superintendent of Armed Police and Deputy Superintendent of
Armed Police Inspector General of Armed Police
(c) Post of Assistant Inspector of Armed Police Deputy Inspector General of Armed Police or officer of
higher rank
(d) Senior Constable, Constable, Assistant Constable and Police Personnel of the Armed Police
Superintendent of    Armed Police or officer of Armed Police officer of higher rank
(e) Peon or equivalent thereto of the Armed Police Superintendent of Armed Police or
officer of Armed Police officer of higher rank

52. Retirement letter:

(1) The right to give the retirement letter to any Armed Police shall be vested on the Authority.
(2) The Police Records Keeping Office shall, on the recommendation of the concerned office, give the authorization letter to receive the amount of gratuity, pension, family pension and other facility and subsistence allowance to be received by the Armed Police retired from the service.

53. Gratuity: (1) If any Armed Police personnel, who has served for five years or more but has not been eligible to pension pursuant to Rule 54, has retired or is detached from the service upon having the resignation
accepted or has been removed from the post without declaring disqualified for government service in the future, he or she shall receive the gratuity at the following rate:
(a) In the case of an Armed Police Personnel who has served from Five years to Ten years, one-half of
the last month’s salary for each year of his or her service,
(b) In the case of an Armed Police Personnel who has served for more than Ten years up to Fifteen years,
the last one months salary for each year of his or her service,
(c) In the case of an Armed Police Personnel who has served for more than Fifteen years but less than
Twenty years, the last One and half month’s salary for each year of his or her service.
(2) Notwithstanding anything contained in Sub-rule (1), no gratuity shall be paid to any Armed Police Personnel who is proved to have deceived the citizenship or age or qualifications with intention to enter into or continue to hold the government service.

54. Pension: (1) The following Armed Police Personnel having done government service for the Twenty One years or more than that period shall receive the pension from the date of retirement from service.
(2) The calculation of pension to be paid pursuant to Sub-rule
(1) shall be as follows:
(a) For gazette officers- Service period × last salary
(b) For Armed Police of non-gazetted level and below than that:
Service Period × last salary

(3) Notwithstanding anything contained in Sub-rule (2), the minimum amount of the pension shall not be less than half the amount of the basic pay scale of the incumbent Armed Police of the same post and more than of the amount of the basic pay scale of the incumbent Armed Police Personnel of the same post.
(4) If any Armed Police who has completed the service period of fifteen years dies, the required period necessary to receive the pension shall be added to his or her service period, and his or her family shall be
allowed to receive either pension or gratuity whichever the latter chooses.
(5) Any Armed Police who has been dismissed from the post held to be disqualified for any government service in the future shall not receive the pension pursuant to this Rule.

55. Increment in pension: If the salary of an incumbent Armed Police increases, Two third amount of the amount increased in the basic scale shall be added to the pension amount of the retired Armed Police of the
same post.

56. Family pension and gratuity: (1) If any Armed Police dies while in service or within Seven years of commencing to receive the pension, a gratuity or pension as provided for in Rule 53 or 54 shall be paid to his or her family or his or her minor brother or unmarried sister.   Provided that, in the case of pension, the pension shall not be
paid for a period exceeding Seven years. In the case of the Armed Police who dies within Seven years of the commencement of pension, no pension shall be paid to the family or minor brother or unmarried sister
of such Armed Police Personnel after the completion of Seven years.

(2) Notwithstanding anything contained in Sub-rule (1), if the recipient of such pension is a minor, he or she shall be entitled to receive such pension until the attainment of eighteen years. (3) If the husband or wife of an Armed Police dies while in service or before the expiry of Seven years of receiving the pension and if he or she is entitled to receive the family pension pursuant to Sub-rule
(1), he or she shall receive half the amount of pension to be received by him or her from the date of expiry of receiving such pension and if such pension is not being received or if the husband or wife of such Armed
Police dies before the expiry of Seven years of receiving such pension he or she shall receive the same from the date of death till his or her life.
(4) If the salary of any incumbent Armed Police personnel is increased, the amount of family pension of the person receiving family pension pursuant to Sub-rules (1), (2) and (3) shall also be increased at the rate of two-thirds of the total amount increased on the basis figure of the incumbent’s salary.
(5) If any Armed Police personnel dies prior to receiving any amount to which he or she is entitled under these Rules, such amount shall be paid to the person, out of his or her family members, who is
held to be entitled to the gratuity or pension according to these Rules.
(6) In providing gratuity or pension, if the deceased Armed Police has nominated any member of his or her family or his or her minor brother or unmarried sister, the same shall be provided to such person, and for any reason the same cannot be provided to such person or if nobody has been nominated, it shall be provided to such person out of
the members of his or her family as may be deemed appropriate by the Government of Nepal.

57. Disability allowance:

(1) If any Armed Police is physically or mentally handicapped for the Armed Police service as a result of
disability or injuries in an accident whilst performing his or her duty or in the course of training, such Police shall be entitled to get pension as referred to in Sub-rule (2) as the disability allowance for life for maintaining his or her livelihood, as well as to the disability allowance (grant) as referred to in Sub-rule (3).

Explanation: For the purpose of this Sub-rule, “mentally handicapped” means a person who is recommended by the medical board formed by the Government of Nepal as to be mentally  handicapped to work in the Armed Police service

(2) If the period of service of the Armed Police who has become disabled in the manner indicated in Sub-rule (1) is pensionable, such Armed Police shall be entitled to get the disability pension equal to the  amount to be calculated pursuant to Sub-rule (2) of Rule 54 on the basis the salary currently drawn by him or her (inclusive of that if he or
she has also worked as acting or officiating). If the period of service of such disabled Armed Police is not pensionable, deduction shall be made from the amount of pension proportionately for each year or part of a
year required to complete the pensionable year under the Act and the remaining amount shall be provided as pension. While so deducting the amount, it shall not be more than one-thirds of the amount.
(3) The amount of monthly disability allowance to be received in addition to the disability pension to be received by the Armed Police personnel pursuant to Sub-rule (2) for his or her disability shall be equal to Twenty per cent of the salary drawing by him/her at present. Provided that, if the Armed Police who has been receiving
disability allowance or held to receive the same re-enters any service afterward, he or she shall not receive disability allowance as referred to in this Rule but the amount already received by such Police shall not be required to be returned back.

(4) Notwithstanding anything contained in Sub-rule (1) if any Armed Police becomes disabled to work in the Armed Police Service as    a result of attack by a terrorist or explosion or sustaining injury in any accident or falling down or by any type of arms while doing duty in police action against terrorist, such Armed Police shall be promoted to
one level and retired from the service, and in such event he or she shall receive full salary up to Seven years not exceeding the period for retirement on the basis of age. After the expiry of the period of receiving such full salary, the Armed Police who has lesser service period than the period required for pension shall receive the pension in par with the period as may be sufficient to receive the pension and who has the service period more than required to receive the pension shall receive the same accordingly.
(5) The concerned Armed Police shall receive total amount to be incurred in the treatment to be made while sustaining injury pursuant to Sub-rule (1) or (4), and while paying such treatment expense it shall
not be deducted from the treatment expenses to be received pursuant to Sub-rule (1) of Rule 62.
(6) If the salary of the incumbent Armed Police of the same post increases during the period in which the facility is taken pursuant to Sub-rule (4), the same amount of increase in the basic pay shall also be increased in the salary received by the retire Armed Police.
(7) If a retired Armed Police who is receiving facility pursuant to  Rules (1), (2), (3) and (4), his or her family shall receive all such facilities as receivable by himself or herself, and shall receive the pension as referred to in Sub-rules (1) and (2) of Rule 58 after Seven years.
(8) If the salary of the incumbent Armed Police increases, the amount of disability allowance as referred to Sub-rule (3) shall also increase by the same percent as the percent of increase in the basic pay of the Armed Police of the same level.
58. Extra-ordinary family pension and gratuity: (1) If any Armed Police dies instantly during the course of implementing his or her duty or due to injury while taking training or dies due to that reason while undergoing treatment, the nearest heir of such deceased Armed Police shall be provided with the family pension equivalent to half of salary currently being withdrawn by him or her, and the following extraordinary family gratuity irrespective of the years of service completed by him or her:
(a) If he or she dies before the attainment the service period of up to Ten years, amount equivalent to the
salary of Six months currently being withdrawn by him or her,
(b) If he or she dies after the completion of service period of Ten years to Twenty years, amount
equivalent to the salary of Nine months currently being withdrawn by him or her,
(c) If he or she dies after the completion of service more than Twenty years, amount equivalent to the
salary of One year currently being withdrawn by him or her.
(2) Notwithstanding anything contained in Sub-rule (1), if any Armed Police dies immediately, or subsequently, in an explosion or attack made by an armed group or in any other kind of armed attack or explosion or while on duty to take action against any armed group or similar other group or falling down from the sloppy hilly land, in river,
stream or due to injury or any kind of arms during the course of deputation under control of the Nepal Army pursuant to Section 8 of   the Act or due to any accident during that deputation, the deceased Armed Police shall be promoted to one level after his or her death, the family of such Armed Police shall receive full salary of that promoted
post for up to Seven years not exceeding the period for retirement of such Armed police on the basis of age. After the completion of the period of receiving such full salary, if the service period in the Armed

Police Service of such deceased falls shorter than the period for getting pension the nearest family of such deceased Armed Police personnel shall receive the pension as such the period for pension is attained and if the served period exceeds the service period for pension shall receive the pension accordingly.
(2a) If the salary of the incumbent Armed Police increases while the family of the Armed Police is receiving salary pursuant to Sub-rule (2), the salary receivable by the family of the Armed Police shall also be increased accordingly.
(3) The husband or wife, father and mother of the deceased Armed Police shall receive the extra-ordinary family pension and gratuity pursuant to this Rule, for life, and in the case of son, up to the attainment of the age of Twenty years or the admission to a government service, whatever occurs earlier, and in the case of daughter up to the
attainment of the age of Twenty years or if she marriages or gets admission to a service, whichever occurs earlier.

(4) Where reliable information has been received that a Armed Police has been murdered after kidnapping him or her while on the way to and from his or her deputed station in the course of performing his or her duties or from the road or station of his duty while doing other act but his or her corpse has not been found, the facility as referred to Subrules (1) and (2) shall, on the basis of the joint report of the concerned Chief District Officer and the chief of concerned Armed Police office, be provided to the family of the murdered Armed Police.

59. Family allowance and education allowance: (1) If any Armed Police becomes disabled and could not work for life due to the incident as referred to in Rule 57, a maximum of Two offspring of such disabled Armed Police shall be provided with the monthly family allowance at  the following rate:
(a) Gazetted Officer of Armed Police -Rs. 260/-
(b) Armed Police of non-gazetted first  and second class – Rs. 124/-
(c) Armed Police of non-gazetted third and fourth class -Rs. 116/-
(d) Peon or equivalent thereto of the  Armed Police -Rs. 112/-
(2) If any Armed Police dies in an incident as referred to in Rule 58, a maximum of Two offspring of such deceased Armed Police shall  be provided with monthly family allowance at the following rate of the basic pay-scale of the post in which the deceased Armed Police has been incumbent.
Post Percent of basic pay scale
(a) Inspector General/  Additional Inspector General
of Armed Police – 6.5
(b) Deputy Inspector General /Senior Superintendent of
Armed Police – 8
16 Inserted by the Fifth Amendment.
(c) Superintendent/ Deputy Superintendent of Armed
Police – 9
(d) Inspector of Armed Police – 10
(e) Senior Sub-Inspector of Armed Police – 12
(f) Sub-Inspector/Assistant subinspector of the Armed
Police – 13
(g) Senior Constable / Constable /Sub-Constable/ Police /
Peon of Armed Police – 14
(3) The allowance as referred to in Rule (1) or (2) shall be given in the case of son, up to the attainment of the age of Twenty One years or the admission to a government service, whichever occurs first and in the case of daughter up to the attainment of the age of Twenty One years or if she marriages or gets admission to a service, whichever occurs
first.
(4) If any Armed Police dies or becomes disabled in an incident as referred to in Rule 57 or 58, a maximum of Two offspring of such disabled or deceased Armed Police shall also be provided with annual education allowance, at the following rate, in addition to the family allowance pursuant to Sub-rule (1) or (2), up to the attainment of the
age of Eighteen years. Post Education allowance
(a) Gazetted Officer of Armed Police -Rs. 2,400/-
(b) Non-gazetted Armed Police and Peon or equivalent thereto of the Armed Police – Rs. 1,800/-
1759A. Equal facility to be provided:

(1) If any Armed Police is disabled or dies as a result of a situation as referred to in Sub-rule (4) of Rule 57 or
Sub-rule (2) of Rule 58 after 9th Magha of 2057, such a Armed Police or his or her family shall be entitled to get the facilities set forth in Rules 55, 56, 57, 58 and 59 as mentioned in these Rules on equal footing, without duplication.
(2) In providing the facilities pursuant to Sub-rule (1), the amount received earlier as a facility shall be deducted and the remaining amount only shall be provided.
1859B. Only one family pension is receivable: Notwithstanding anything contained elsewhere in these Rules, only one family pension, out of the family pensions receivable pursuant to Rule 56 or 57 or 58, shall be provided to the family of any Armed Police.

60. Provision of committee: If any Armed Police becomes disabled or dies in an incident as referred to in Rule 57 or 58, the following committees shall be constituted to recommend for providing allowances r gratuity to be received by the nearest family or offspring of such Armed Police:
(a) In case of Gazetted Armed Police,-
(1) Representative, Ministry of Home Affairs -Chairperson
17 Inserted by the Fifth Amendment.
18 Inserted by the Fifth Amendment.

(2) Representative, Ministry of Finance -Member

(3) Representative, Police Headquarters -Member
(4) Medical Representative, Headquarters -Member
(b) In case of non-gazetted and classless Armed Police working in the Kathmandu Valley,-
(1) Chief District Officer, Kathmandu – Chairperson
(2) Representative, Mid Regional Treasury Directorate – Member
(3) Representative, Headquarters – Member
(4) Medical Representative, Birendra Police Hospital – Member
(c) In case of non-gazetted and classless Armed Police, working out of the Kathmandu Valley,-
(1) Chief District Officer of the concerned District – Chairperson
(2) Representative of the Fund and Accounts controller’s office of the concerned District – Member
(3) Chief of office where the concerned Armed Police is working or
representative designated by the chief of office – Member
(4) Medical representative of hospital or health centre of the concerned District – Member
19Explanation: For the purpose of this Rule, the grounds  for the determination of the percentage of disability shall
be as follows:
(a) From Eighty to cent percent disability means the loss of both eyes or loss of both legs or
loss of both hands or loss of one leg, one hand or non-movement of the whole body, (b) From Sixty to Seventy Nine percent disability means the non-movement of partial body so that no function can be
performed or loss of one eye or loss of one hand or loss of one leg,
(c) From Forty to Fifty nine percent disability means the situation where voice is not clear unusually or where body movement is unsmooth or it appears unsuitable to serve in the Armed Police Service because of physical appearance, speech, movement despite that all parts of the body seem to be fit,
(d) The medical board shall have the power to determine the percentage of the other disability other than the above
categorization.

61. Count of service period:

(1) In counting the service period for the purpose of this Chapter, the total period of service rendered upon being
19 Inserted by the Fifth Amendment. appointed permanently to the post of Armed Police, Nepal Army or
other post or police service (if disconnected between periods, by deducting such disconnected period) shall be calculated.
(2) Notwithstanding anything contained in Sub-rule (1), if any person having already received the gratuity receives appointment to the Armed Police Service or post, his or her service rendered previously shall be counted only if he or she returns the amount of gratuity  received by him or her.
(3) The period of suspension shall also be counted while counting the service period pursuant to Sub-rule (1).

62. Medical treatment expenses:

(1) Every Armed Police, during his or her entire service period shall receive the current salary amount of
equivalent to Twelve months in the case of Gazetted level Armed Police, Eighteen months salary in the case of Non-Gazetted first class Armed Police and Twenty One month’s salary in the case of other nongazetted and classless Armed Police for medical treatment expenses.
(2) If any Armed Police or member of his or her family becomes sick, the following expenses expended as follows shall be given not exceeding the amount to be received pursuant to Sub-rule (1):
(a) The fee for medical checkup carried out by a  recognized doctor for treatment and the expenditure on medicines purchased as per the prescription upon the examination,
(b) The expenditure as per the bill for the admission and treatment in any health institution,
(c) The expenditure amount as recommended by the concerned chief of office, in the case of chief of office, by the chief of the senior office and in the case of Inspector General of the Armed Police by the Secretary of the Ministry of Home Affairs for    the treatment, where hospital and recognized    doctor are not available,.
(d) The expenditure as per the bill for all kinds of surgical operations except plastic surgery,
(e) While getting medical treatment by going abroad or another district leaving own home or rented house,
full amount of travel allowance to reach and return back from such place and in the case, where the attendant is needed, for upto one attendant and for food expenditure, Seventy Five per cent of the daily allowance to be received by such Armed Police as  per the rules.
Explanation: For the purpose of this Sub-rule, recognized doctor means and also includes a doctor, Kaviraj, Health Assistant and Vaidya working in the governmental service or registered as a doctor as per the prevailing law
(3) If any Armed Police gets injury in connection with the governmental work and the medical board constituted by the  Government of Nepal declares that the treatment of such injury is not possible within Nepal and if such Armed Police recommended by the board desires to do treatment by going abroad, the Government of Nepal
may, in addition to the medical expenses to be received by such Armed Police pursuant to Sub-rule (1), give such additional financial assistance as it deems reasonable.
(4) If any Armed Police desires to receive the medical treatment expenses to be received pursuant to these Rules, in advance, and if the reason thereof seems to be reasonable, advance amount may be given subject to this Rule, on the condition of settlement of amount subsequently. If the amount so given is more than the amount to be
received for the treatment, the amount so exceeded shall be deducted from the salary of the concerned Armed Police by installments. If the concerned Armed Police personnel or the member of his family dies before re-payment of such amount so deducted, the amount so remaining to deduct shall be remitted.
(5) Departmental action shall be taken against any Armed Police demanding or receiving the treatment expense pursuant to this Rule by furnishing false statement, including the recognized doctor certifying such false statement (if he or she is an employee).
(6) Except dismissed from the service held to be disqualified for any government service in the future, any Armed Police, having detached from the service in other condition, and if any remaining amount is due to be received out of the medical treatment allowance to be received during the service period pursuant to this Rule, shall receive
lump sum of such remaining amount.
(7) Any Armed Police having detached from the service after completion the service period of Twenty years, Twenty five years or   more shall receive lump sum amount by adding Ten, Fifteen and Twenty per cent respectively to the remaining amount.
(8) Except where any Armed Police has been dismissed held to be disqualified for government service in the future before the attainment of ten years of service, if any Armed Police has been relieved of the service in any other manner, the medical treatment expense shall be given proportionately pursuant to this Rule by considering the ten
years service period.
(9) Except in doing treatment getting admitted to any health institution or going abroad pursuant to this Rule, no Armed Police shall be given an amount more than the salary of one and half month in one year for him or her and his or her family for medical treatment.
(10) The Office maintaining the details of medical treatment expense received by an Armed Police pursuant to this Rule shall have to send maintain the personal details of the Armed Police and also send the same to the Police Records Keeping Office.

(11) If the District Health Centre recommends that the Armed Police and his or her family living in the remote area are in danger due to the fact that the treatment of the disease from which an Armed Police or his or her family is being suffered is not possible in the local Health Centre, the Government of Nepal shall give the travel expense to and from the place where there is the treatment facility.

63. To mention salary:

(1) The salary wherever mentioned in this Chapter and Chapter 6 shall mean the salary amount currently being withdrawn (including grade) by the concerned Armed Police.
(2) For the purposes of Rule 53 and 54 ‘last salary’ shall mean the salary of an Armed Police to be received at the time of retirement and if any Armed Police is in suspension at the time of his or her retirement, full salary shall be calculated for such period too.

2063A. Alteration in terms of service and facilities: No alteration shall be made in the salary, gratuity, pension and similar other facility related 20 Inserted by the Fifth Amendment.
terms of service of any Armed Police that exist at the time of his or her appointment in a manner to be disadvantageous to him or her.

Chapter- 8 Conduct

Chapter- 8 Conduct

64. To maintain time and regularity:

(1) Every Armed Police shall haveto be in duty in time as prescribed by the Government of Nepal
regularly and not become absent without getting approval of leave in advance to the possible extent.
(2) No Armed Police shall leave the area of his or her deputation without permission of the competent authority.

65. Discipline and obedience:

(1) The Armed Police shall have to discharge their duty with discipline and diligence.
(2) The Armed Police shall have to obey the command given by the senior officers on the matters of one’s duty promptly.
(3) The Armed Police shall have to show reasonable respect towards all Armed Police senior to them.

66. Not to take part in politics: The Armed Police shall not become a member of any political organization, take part in politics, give donation for the assistance of political organization or make influence in any manner, on any political institution or movement.

67. Restriction on criticizing the Government:

(1) No Armed Police Personnel shall, on his or her real or fictitious name or anonymously, publish any feature article, provided any news to the press, make any public speech by radio or television etc., give any public speech or
lecture which is contrary to the policies of the Government of Nepal or which may undermine the mutual relationship of the Government of Nepal with the public or with any foreign nation.
(2) Notwithstanding anything contained in Sub-rule (1), there shall be no restriction to publish an article or make broadcast which is not contrary to the prevailing laws and policies of the Government of Nepal.

68. Restriction on publishing any news relating to governmental functions: No Armed Police shall, without being authorized by the Government of Nepal, inform or divulge directly or indirectly, to any other unauthorized Armed Police personnel or non-governmental person or press about any confidential matter which was known to him
or her in the course of performance of the governmental duty or about any matter prohibited by law This restriction shall continue to be applicable also to the person irrespective that he is no more in the government service for any reason whatsoever.

69. Restriction on receiving gift, present, donation etc. and loan (borrowing): (1) No Armed Police shall, without prior approval of the Government of Nepal, accept gift, present or gratification of any kind either by himself or herself or through any member of his or her family, or ask for donation or borrow any loan from any person concerned with any governmental work.
(2) If any Armed Police happens to receive any present from any foreign government or any representative of such foreign government, he or she shall inform the Government of Nepal about it and shall act according to the order received thereon.

70. Restriction on establishing and operation of a company and carrying on trade or profession: (1) No Armed Police shall, without prior approval of the Government of Nepal, carry out the following acts:
(a) To participate in establishment, registration or operation of any bank or company,
(b) To carry on any trade or profession requiring registration according to the prevailing laws,
(c) To accept any kind of employment elsewhere.
(2) Notwithstanding anything contained in Sub-rule (1), an Armed Police Personnel may carry out any literary, scientific artistic or humanitarian cooperative works without contravening the policies of
Government of Nepal.

71. Restriction on taking part in election: No Armed Police shall take part in an election for any political post nor solicit vote for any one, nor exercise influence of any kind in the election. Provided that, this shall not bar to exercise his or her right to vote conferred under the prevailing laws, without revealing whom he or she has voted or intends to vote for.

72. Restriction on demonstration and strike: No Armed Police shall perform an agitation, participate in a strike or entice anyone to perform such act in a manner to undermine the sovereignty and integrity of Nepal, the law and order situation or the external relations, or public decency or the provoke contempt of court, or to disseminate communal hatred or to harbor any crime.

73. Restriction on staging strike, detention and Gherao: No Armed Police shall stage any strike or pen-down action and exert any pressure inflicting physical or mental torture or entice other persons to commit such acts, in a manner to cause hindrance or obstruction to any office or officer on the performance of his or her duty required by the law.

74. Restriction on making representation: No Armed Police shall make representation on behalf of any person or group, except to petition to the concerned body or official either by himself or herself or through his or her attorney in respect of any grievance caused to him or her.

75. Description of property:

(1) Any transferee Armed Police according  to the Act and newly appointed Armed Police shall have to submit the
details of the following property to the authority prescribed by the Government of Nepal within Three months of assuming the office through transfer and within One month of appointment, respectively:
(a) details of each and every immovable property, share and bank balance in his or her name or in the name of
his or her family member,
(b) approximate value of cash, jewelry, gold and silver laid with him or her or in his or her name.
(2) In submitting description as referred to in Sub-rule (1), any Armed Police who has been living in the joint family shall have to submit the description of property held with him or her and laid in the
name of the head of the family.
(3) It shall be the duty of each Armed Police to give a notice to the authority of any alteration in his or her property within Three months of such alteration.
76. To maintain the conduct according to the service or post: Every Armed Police shall have to maintain the conduct according to his or her service and post.
77. Not to make influence: In order to make feasible the interest relating to the service, no Armed Police shall cause or attempt to cause any political, undesirable, external or undue influence or pressure on the officers senior to him or her.
78. Prohibition on purchasing immovable property without giving prior notice: No Armed Police shall purchase any immovable property, except that required for his or her residence, in his or her own name or   in the name of his or her family without giving prior notice to the Government of Nepal.

79. Not to contact with radio or newspapers: No Armed Police shall publish any article in his or her real, nickname or with anonymity in any newspaper or magazine or to broadcast from radio without obtaining approval of the Government of Nepal. Provided that, no such approval shall be required, if such publication or broadcast is in literary, artistic, historical or scientific and professional subject.

80. Clearance of any act and action done by Armed Police: No Armed Police shall take support of press or media for any false accusation made against him or her in relation to the performance of his or duties, without obtaining prior approval of the Government of Nepal. Provided that, this Rule shall not restrict any right to give clearance regarding any personal act or character of any Armed Police.
81. Restriction on marriage: No Armed Police shall conclude or cause to  be concluded polygamy, child marriage or unmatched marriage in contravention of the Chapter of Marriage of the Muluki Ain (Country
Code).
82. Not to cause loss or damage: No loss or damage shall be caused to the governmental offices by any Armed Police by doing any act recklessly or without being disciplined or erroneously with knowledge.

Chapter-9 Security of Service

Chapter-9 Security of Service

83. Saving of Armed Police:

(1) For any governmental acts done by an Armed Police considering the observance of his or her duty to be
performed according to the Act or these Rules or other prevailing law, no case shall be instigated against him or her without fulfilling the procedures as referred to in Sub-rule (2).
(2) For the instigation of any case against any Armed Police pursuant to Sub-rule (1), permission of the competent authority shall be required in the case of criminal offence, and the following procedures shall have to be followed in the case of a civil case:
(a) after crossing off the period of Two months for the  submission of a written notice to the competent  authority indicating the reason for instigating the case and the name and address of the plaintiff, if any, or serving the concerned Armed Police personnel or sending the same through registered post and submission of one duplicate copy thereof to the Government of Nepal.
(b) the case has already been instigated within Three months of occurrence of the cause of action for
instigating the case.
(3) For any acts performed by any Armed Police in connection with the observance of his or her duty, while he or she was in service, no case may be instigated against him or her without permission of the Government of Nepal.
(4) If the Government of Nepal gives permission to instigate any case pursuant to Sub-rule (3), the Government of Nepal shall defend him or her.

Chapter-10 Punishment and Appeal

Chapter-10 Punishment and Appeal

84. Punishment: In the existence of reasonable and sufficient reason, the following departmental action may be taken against any Armed Police:
(a) General punishment:
(1) To give physical fatigue (fatigue duty) or internee
21(1a) To warn.
(2) To admonish.
22(2a) To write prejudicial opinion in the report regarding the
conduct.
(3) To withhold the increment of salary (grade) for up to Two
years.
(4) To withhold promotion for up to Five years.
(5) To diminish to the lower post or lower time-scale or lower
scale of the same time scale.
(6) To fully or partly recover loss and damage caused to the Government of Nepal due to negligence or nonobservance of rule, order.

(b) Special punishment:
(1) To remove from the service without holding disqualified
for governmental service in the future.
(2) To dismiss from the service with holding disqualified for governmental service in the future.

85. To admonish or to write prejudicial opinion:

(1) If any Armed  Police commits recklessness in his or her work, he or she may be admonished. If he or she commits recklessness in the work even up t0  two times, a prejudicial opinion shall be written in the report regarding
his or her behavior/character.

86. To withhold increment of salary or promotion or to make  demotion: The authority awarding punishment to Armed Police may withhold the increment of salary for up to Two years or promotion for up to Five years or demote to the lower post or lower time scale or lower scale of the same time scale in any of the following circumstances:
(a) If he or she does any undisciplined act.
(b) If he or she does not assume the office where he or she has been transferred to within the time limit.
(c) If he or she does not work satisfactorily.
(d) If he or she admonished for Two times in One year pursuant to this Rule.
(e) If he or she contravenes the Rules relating to conduct.
(f) If he or she shows false reason to detach from the service within  Five years of appointment.
(g) If does not hand over charge pursuant to Rule 128.

(h) If he or she does not implement or obey the order or direction given by the superior authority.
(i) If he or she goes on leave without having reasonable reason and without prior approval or does not present in the work.
(j) If he or she does not perform the responsibility of post as prescribed by the prevailing law.

87. To remove or dismiss from the service:

(1) Any Armed Police may be removed from the service without holding disqualified for governmental service in the future in any of the following circumstances:
(a) If he or she fails to perform his or her responsibility due to disqualification.
(b) If he or she shows irresponsibility and frustration towards own professional knowledge showing
negligence during the training period orfailing to attend the training assigned or making pretence.
(c) If he or she contravenes the matters relating to conduct repeatedly.
(d) If he or she consumes alcoholic substance during the office time or in uniform even before and after
the office time.
(d1) If he or she enters the house of general public in an unauthorized manner whether while on duty or not
or does any improper conduct or makes looting.
(e) If he or she does the work in undisciplined way repeatedly.
(f) If he or she participates in politics.
(g) If he or she fails to present in the office for up to Fifteen consecutive days without getting leave
approved.
(h) If ignores own responsibility of post repeatedly.
(2) Any Armed Police may be removed from the service holding disqualified for governmental service in the future in any of the following circumstances:
(a) If he or she is held to have committed the offence as referred to in Section 27 of the Act
or if he or she commits such offence and goes away.
(b) If he or she is convicted by the court of a criminal case involving moral turpitude.
(c) If he or she is proved to have committed corruption.

88. Authority to hear appeal and award punishment: The authority as  prescribed in Schedule -6 shall have the power to order of punishment as referred to in Rule 84 and to hear the appeal on the order of punishment so given to an Armed Police personnel.

89. To suspend: (1) If an investigation on any charge as mentioned in Rule 87 has to be conducted in respect of any Armed Police, the authority empowered to order punishment to such Armed Police may suspend him or her until the conclusion of the investigation.Provided that, generally suspension shall not be ordered unless
the following circumstance exists:
(a) If the offence as referred to in Section 27 of the Act  has been committed.
(b) If there appears a possibility of collecting false evidence concealing the evidence against him or her
if he or she is not suspended and is allowed to carry out the duty of his or her post, or
(c) If there appears a possibility of causing loss or  damage to the government if he or she is not
suspended and is allowed to carry on the duty of his or her post.
(2) In suspending any Armed Police pursuant to Sub-rule (1), he or she shall not be suspended for26
more than Six months. The proceedings against the Armed Police shall be completed within that
period. If such proceedings cannot be completed due to any extraordinary circumstance and the period of suspension has to be extended, the period of suspension may be extended for27 upto Three months with
the prior approval of the Authority.
(3) Except on the condition of suspension as a result of action taken pursuant to these Rules, if any Armed Police is in detention for any accusation made against him or her due to the reason of his or her act and action, such Armed Police shall be deemed to have been ipso facto suspended during the period of such detention..
(4) If it is required to suspend any Armed Police, the authority empowered to order punishment shall have to give the suspension letter and letter written to produce clarification pursuant to Sub-rule (1) of Rule 91 to the concerned Armed Police.
(5) The authority empowered to order punishment as referred to in Rule 88 may obtain the report with verdict given by himself or herself or any other officer upon the departmental enquiry pursuant to Sub-rule  (2) of Rule 92 before requiring clarification from any Armed Police.

90. Termination of suspension: If any Armed Police is reinstated in his or er post or removed or dismissed from his or her post pursuant to Rule 87 or has completed the period of suspension as referred to in Sub-rule
(2) of Rule 89 or has been released from detention made pursuant to Sub-rule (3) of the same Rule, the suspension of such Armed Police shall terminate

.
91. To give opportunity for defense:

(1) The official authorized to order departmental punishment shall, in other circumstances except as
referred to in Section 21 of the Act, and prior to issuing an order to any Armed Police for punishment, give an opportunity to the Armed Police to defend himself or herself, by providing such Police with the reasons
for such action, and a reasonable time to submit his or her note of defense. While giving such an opportunity, the charge against him or her shall be clearly indicated and the facts and grounds on which each charge is based shall also be specified. In such case, the concerned Police shall also have to submit his or her defense within the specified
time, and the concerned official shall seriously consider the defense so submitted.
(2) The official authorized to order departmental punishment may, if he or she thinks it necessary, conduct an investigation either by himself or through any other officer and obtain a report accompanied by
his or her opinion and conclusion.

92. Procedure to be followed by investigating officer:

(1) The investigating officer shall have the power to proceed action for departmental enquiry by adopting the following procedures:
(a) to exercise the powers as are vested in the court such as to take statement, cause to submit written
evidences and issue summons in the name of the witness etc.,
(b) to hear and enquire material evidences in presence of the accused Armed Police,
(c) to give an opportunity to the accused Armed Police to make cross examination with the witness and to
submit material evidences against the accusation.
(2) After the completion of enquiry pursuant to Sub-rule (1), the investigating officer shall have to submit a report before the authority empowered to award punishment. In such a report, the said officer shall  have to submit own verdict of punishment containing the reason therefor, as well as material evidences, if any.

93. Not to need departmental enquiry: It is not required to hold departmental enquiry by the authority empowered to order punishment on the matters concerning the following departmental punishment to  any Armed Police in any of the following circumstances:
(a) If it is required to award general punishment pursuant to Clause
(a) of Rule 84.
(b) If it is required to award punishment to the Armed Police who has absconded or of whom whereabouts cannot be known due to any other reason.
(c) If it is required to award departmental punishment to any Armed Police on the basis of being proved as accused by the court in the offence involving moral turpitude or being held to have committed the offence pursuant to Section 27 of the Act.

94. To propose punishment prior to issuance of order of special punishment: If the concerned Armed Police does not submit a note of defense pursuant to Rule 91 or if the defense submitted by such Police is not satisfactory, the official authorized to order departmental punishment shall, prior to issuing an order of special punishment, ask
such Armed Police to furnish an explanation why the proposed punishment should not be imposed upon him or her.

95. To set out the reason why clarification is not satisfactory: In demanding the clarification by any officer authorized to order punishment from any Armed Police pursuant to Rule 94, before that, if the clarification submitted pursuant to Sub-rule (1) of Rule 91 is not satisfactory, the reasons thereof shall have also to be set out. If the departmental enquiry has been made pursuant to Sub-rule (2) of Rule 91 regarding such police, the result thereof shall have also to mention and the reason of the proposed punishment also shall have to be set out in such clarification.

96. Procedure relating to the order of punishment and duplicate:

(1) While taking decision for any departmental punishment against any Armed Police, the officer authorized to order punishment, by considering whether or not the sufficient opportunity was given to furnish clarifications or explanation to the concerned Armed Police and by reasonably evaluating all available material evidences, clarification and explanation, verdict shall be given by setting out clear reason thereof. The officer authorized to order punishment in such a manner shall have to take decision with his or her clear opinion regarding the
order for punishment.
(2) Notwithstanding anything contained elsewhere in this Chapter, no decision shall have to be taken giving another punishment after demanding the clarification, explanation by proposing one punishment to any Armed Police. Provided that, if it is required to give lesser or higher punishment due to any reason, the procedure as referred
to in Rules 92 and 94 shall have to be fulfilled again.
(3) While taking decision for giving departmental punishment to any Armed Police pursuant to Sub-rule (1), the officer authorized to order punishment shall not make decision with retrospective effect. Provided that in making decision in the case of an absconded one, decision may be made with effect from the date of absconding.
(4) One duplicate copy of the order of departmental punishment made to any Armed Police pursuant to Sub-rule (1) shall have to be given to the concerned Armed Police by the Officer authorized to order punishment without any fee.
(5) If any Armed Police has been dismissed from the service pursuant to Sub-clause (2) of Clause (b) of Rule 84, the officer authorized to order punishment shall have to give the information, including the peculiarity with three generations, to the Armed Police Service Commission and Police Records Keeping Office, and the concerned agency shall also keep such information in its records.

97. Not to effect the decision: Any minor error that does not affect substantially the action taken against any Armed Police by the officer authorized pursuant to These Rules shall not affect the decision.

98. Appeal:

(1) Any Armed Police who is not satisfied with the order for punishment given pursuant to this Chapter may appeal to the officer as prescribed pursuant to Rule 88.
(2) In making appeal pursuant to Sub-rule (1), the following procedures shall have to be followed:
(a) The appeal making Armed Police is required to appeal in his or her own name and such appeal
shall have to be written in reasonable and respectable language,
(b) The appeal making Armed Police shall have to attach existing material evidences required for the
clarification, as well as a copy of the order for punishment against which the appeal is being made,
(c) In making an appeal, the appeal hearing officer has to be addressed, and appeal has to be filed with his
or her office or  through the officer against whose order the appeal has been made.
(d) The appeal shall have to be made within Thirty Five days of receiving the order for punishment.
(e) The concerned office shall register the appeal received pursuant to Clause (d) and give a receipt
thereof to the concerned person.

28 Inserted by the Fifth Amendment.

99. To consider the appeal and decision:

(1) If the appeal filed by any Armed Police against the order of departmental punishment does not
comply with the procedure as referred to in Rule 98, the officer to hear the appeal may reject such appeal.
(2) The officer to hear the appeal shall have to consider the following matters as set out in all other filed appeals except the appeal rejected pursuant to Sub-rule (1):
(a) Whether or not the reality of the matter taken as the basis in the order of punishment has been
established.
(b) Whether or not the matters already established are sufficient for the punishment.
(c) Whether the punishment made is correct, sufficient, insufficient or excessive.
(3) The officer to hear the appeal may, after considering the matters pursuant to Sub-rule (2), give final order to uphold or void the punishment awarded to the appellant or mitigate such punishment.

100. Personnel working in good faith, while discharging the duty, shall not be guilty: While discharging the duty to be discharged by any authorized officer or Armed Police or while serving the order or  warrant issued by a court in good faith pursuant to the Act or these Rules or other prevailing law shall not be liable to any punishment and
to pay damages.

Chapter-11 Provisions Relating to Leave

Chapter-11
Provisions Relating to Leave

101. Armed Police deemed to be on duty all times:

(1) The Armed Police shall be deemed to be on duty at all times, and he or she may be
deputed to work at any time.
(2) The Armed Police shall be entitled to avail the leaves as are  mentioned in this Chapter. Provided, however, that the Armed Police shall not claim the leaves as their right.
(3) Any Armed Police shall not avail other leaves, generally, during the period of training and deputation to special action, except the leave on public holidays, maternity leave and obsequies leave.
(4) If any Armed Police is held to have taking the sick leave, obsequies leave, maternity leave by showing false details, he or she shall be subject to departmental punishment pursuant to These Rules.

102. Casual and festival leave: (1) Every Armed Police shall be entitled to a total of Twelve days leave with full salary i.e. Six days as casual leave and Six days as festival leave each year.
(2) The casual leave and festival leave of One year shall not be allowed to accumulate and be taken in the following year.

103. Home leave: (1) Every Armed Police shall be entitled to get home  leave with full salary at the rate of one day for every Twelve working days

.
Explanation: For the purpose of this Sub-rule, working period means and includes casual leave, festival leave, sick leave, maternity leave, obsequies leave taken during such period and public holidays during such period.
(2) The Armed Police may accumulate the home leave earned by him or her for up to One Hundred and Eighty days.
(3) In cases where any Armed Police is detached from the service due to any reason, such an Armed Police shall be entitled to get a lump sum amount against his or her accumulated home leave at the rate of the salary being drawn by him or her in the post in which he or she has lien.
(4) In cases where any Armed Police dies before receiving the amount payable in lieu of the accumulated home leave, his or her near relative shall be entitled to receive the amount payable against such accumulated home leave.
(5) An Armed Police who is on the home leave, study leave or subject to suspension shall not be entitled to get the home leave during that period.
(6) An Armed Police, who has finished own accumulated home leave, suffers any big loss in his or her movable or immovable property or suffers himself or the member of his family from any act of God or  suffers with other sufficient reason, may be given the home leave up to Thirty days in advance subject to deduction the same from the home leave to be received by such Police in the year to come.
(7) If any Armed Police, who has finished own accumulated home leave and sick leave becomes sick for a long time, he or she may obtain the home leave for up to Thirty days in maximum in advance, subject to deduction of the same from the home leave to be received in the year to come.

(8) While going home once a year on the home leave of at least Seven days and returning to office from home after completing the home leave, an Armed Police shall get a time for journey, at the rate of one day for every eight Kosh (Sixteen miles) if he or she travels on foot, and in the case of travel by vehicle, train or aero-plane, as many days as
required to complete such journey.

104. Sick leave: (1) An Armed Police shall be entitled to get a fully paid sick leave of Twelve days in each year.
(2) In cases where an Armed Police falls seriously ill and the accumulated sick leave is insufficient, an advance sick leave of a maximum of Twelve days may be granted to him or her.
(3) An Armed Police requesting for the sick leave for a period of more than Seven days shall have to submit a certificate issued by a recognized doctor.
Provided that, in cases where the authority empowered to grant leave believes that submission of such a certificate was not generally possible, he or she may sanction that leave even without certificate, by  having recorded the matter accordingly.
(4) The Armed Police shall be entitled to get accumulated the sick leave earned by him or her.
(5) In cases where any Armed Police is detached from the service due to any reason, such a Police shall be entitled to get a lump sum amount against his or her accumulated sick leave at the rate of the salary  being drawn by him or her in the post in which he or she has lien.
(6) In cases where any Armed Police dies before receiving the amount payable in lieu of the accumulated sick leave, the person as referred to in Sub-rule (5) of Rule 56 shall be entitled to receive a lump sum of the amount payable against such accumulated sick leave.
(7) If an Armed Police suffers from a serious disease, and the leave is insufficient even after making deduction from the advance home leave to which he or she is entitled pursuant to Sub-rule (7) of Rule 103, he or she may obtain a special sick leave for a maximum of One year.
(8) The Armed Police who has taken the extra-ordinary sick leave pursuant to Sub-rule (7) continuously shall receive full salary and allowance for the first Three months and thereafter, he or she shall receive half of the salary and allowance for Six months. Thereafter he or she shall not receive any salary and allowance.
(9) If any Armed Police is held to be unable to perform his or her duties even after having on extra-ordinary sick leave for One year continuously pursuant to Sub-rule (7), such Armed Police shall be removed from the service.
(10) Any Armed Police who becomes sick or sustained injury in the course of performing his or her duty may get extra-ordinary sick leave with full salary until the recovery of such sick or injury. If the Armed Police is held not eligible to perform his or her duty even after the recovery of such sick or injury, such Armed Police shall be removed
from the service.
(11) While living in governmental or other hospital recognized by the government upon being sick or sustaining injury in the course of performing the duty, every Armed Police shall be deemed to be a hospital patient until the recovery of such sick or recovery and he or she  shall receive full salary and allowance for such period. If the Armed
Police is held not eligible to perform his or her duty even after the recovery of such sick or injury, such Armed Police shall be removed from the service.
(12) If any report has been submitted referring the sickness of any Armed Police, a physician may be deputed to inspect whether or not such Police is sick.
(13) It is prohibited to depute any sick Armed Police to any government duty to unless the Physician deputed pursuant to Sub-rule (12) declares that the said personnel can do his duty.

105. Maternity leave: (1) If any female Armed Police becomes pregnant, she shall be entitled to get Sixty days of maternity leave with full salary before or after the delivery.
(2) Maternity leave shall be given only for Two times during the entire period of service.
(3) The concerned office shall maintain up-to-date records of the maternity leave.

106. Obsequies leave: If any Armed Police has to observe obsequies as per ritual practices shall be entitled to get obsequies leave of Fifteen days with full salary. A female Armed Police shall also be given same days of
obsequies leave if her husband has to observe obsequies.

107. Replacement leave: The concerned chief of office may give replacement leave to the Armed Police performing government work on any public holiday, making adjustment with one another. Provided that, such replacement leave shall not exceed Seven days at One time.

108. Study leave:

(1) An Armed Police who is to go to pursue study, upon being selected in the open competition or inter-departmental
competition by obtaining approval of the concerned departmental head or upon being nominated by the Government of Nepal for a foreign scholarship available for the Government of Nepal in a subject that is   useful and most necessary for the Armed Service may get a study leave  during the period of study.
(2) An Armed Police shall be entitled to the study leave for a maximum period of Three years at One time or various times during the service period.
Provided that, if the Government of Nepal so considers necessary, it may add the period of the study leave for up to Two years.
(3) Notwithstanding anything contained in Sub-rule (2), any Armed Police who has gone on the study leave for any study on nomination shall not be granted any additional study leave for the study of additional subject or for obtaining additional degree.
(4) The Armed Police going on the study leave shall be entitled to full salary.
(5) Any Armed Police, who is going for study in a subject that is useful and necessary for the concerned group if the Armed Police, on personal effort with the prior approval of the Government of Nepal, on the recommendation of the departmental head, may be granted the study leave pursuant to Sub-rule (2).
(6) Notwithstanding anything contained in Sub-rule (4), the Armed Police going on study leave pursuant to Sub-rule (5) shall not be entitled to salary during the period of the study leave.
(7) Any Armed Police who has not served in the government service for Five years shall not be entitled to get the study leave. 29Provided that, if such a candidate is not found or the Armed Police who has served for such a period does not intend to pursue study, then study leave may be granted to any Armed Police whose service period is less than that period to study a technical subject, setting aside the reason for the same.
(8) An Armed Police who goes on the study leave shall executed a bond to the effect that he or she shall have to work for the following period in his or her service upon having completed such a study leave and returned back:
Period of study Minimum period for
which service has to
be done
(a) Up to Three years One year
(b) From Three months to Six months One and half year
(c) From Six months to Nine months Two years
(d) From Nine months to One year Three years
(e) From One year to Two years Four years
(f) From Two years to Three years Five years
(g) From Three years to Four years Seven years
(h) From Four years to Five years Eight years
29 Inserted by the Fifth Amendment.

(9) If an Armed Police does not serve for the period as referred to in Sub-rule (8) after completing the study and returning back, the salary and allowance received by such an Armed Police during the period of study leave as well as other amounts set forth in the bond shall be recovered from such an Armed Police as government dues.

109. Procedure for requesting the leave:

(1) For the sanction of a leave, the Armed Police shall have to submit an application to the official empowered to grant leave through his or her own office, indicating the period of leave required for him or her, the reason for the same and other details if required to go abroad; and the official empowered to grant leave shall also have to give a notice of approval or disapproval of leave to such Armed Police.
(2) The official empowered to grant leave may sanction the leave from the date preceding the date of application, if the official is satisfied with that it was not possible to obtain prior approval of the official empowered to grant leave or that the applicant had made every attempt to obtain prior approval.

110. Official to grant leave:

(1) If the chief of office of any Armed Police office is required to go on casual or festival leave, he or she shall have to
get it approved by the pertinent higher office after going on the leave.
(2) casual leave, festival leave, sick leave, obsequies leave to any Inspector of the Armed Police and senior Officers than that of the office where the chief of office is Inspector or senior to him or her and all
types of other leave to any other Armed Police personnel may be granted by the chief of office of the same office.

(3) The home leave to an Inspector of the Armed Police or Armed Police of higher level may be granted by the chief of office of one level higher.
(4) The casual leave or festival leave, maternity leave, replacement leave, obsequies leave and sick leave to the Inspector of the Armed Police and Armed Police of higher level than Inspector of the Headquarters may be granted by the concerned Section Chief and other leave may be granted by the Inspector General of the Armed Police or
officer designated by him or her and all types of leave to the other Armed Police may be granted by the concerned Section Chief.
(5) The Inspector General of Armed Police may go on casual leave and festival leave by indicating the same himself or herself. While going on the other leave, he or she shall have to obtain approval of the Government of Nepal.

111. Leave not to be converted: The Armed Police shall be required to  utilize the same leave which he or she has taken pursuant to this Chapter. One type of leave approved earlier shall not be converted into another type of leave after the completion of such leave except into obsequies leave or maternity leave.

112. Public holidays to be included: In cases where any other type of leave, except the casual leave, and festival leave taken by a Armed Police personnel ends on a public holiday and if he or she does not attend the office on the next day of such public holiday, the period of such public holiday shall also be treated as the leave taken by him or
her stayed on another leave obtainable by him or her where no such leave is due to him or her.

113. To remove the Armed Police from the Service who is absent from the work without obtaining leave:

(1) No Armed Police shall be absent from work without obtaining leave pursuant to these Rules.
(2) The competent authority may remove such Armed Police from the service who has remained absent by violating Sub-rule (1). Provided that, it shall not be deemed to have contravened this Rule, in cases where the Armed Police personnel has gone on leave without obtaining approval and submits an application for leave and the
leave has been approved.
(3) The concerned Armed Police may, after the notice to that effect has already been given to the Records Keeping Office, submit a report within Thirty Five days of receipt of the notice of his or her being absent, to the concerned officer who is one level higher than the officer who has recorded him or her absent, indicating that his or her leave
should be approved.
(4) If the contents of the report submitted pursuant to Sub-rule
(3) by the said Armed Police personnel found to be true upon scrutiny,
the concerned officer may approve the leave and send information of
approval of the leave.

114. Record of leave:

(1) The official authorized to grant leave shall cause to be maintained the records of leave of the Armed Police working   under him or her.
(2) In being deputed upon any Armed Police being transferred or promoted, the information of such transfer or promotion, along with the record of leave of the Armed Police shall have to be sent to the present office. The record of such leave shall be maintained in the format as mentioned in Schedule- 7.

(3) One copy of excerpt of the records of leave pursuant to Subrule (2) shall also be given to the concerned Armed Police. While taking action for promotion, the responsibility to submit such record of the leave shall be of the concerned office of the Armed Police.

Chapter-12 Provisions Relating to Training

Chapter-12 Provisions Relating to Training

115. Provision of training:

(1) In order to make the Armed Police timely,  efficient and professional, the Armed Police shall, as per necessity, be
included in the trainings set forth in Schedule-5.
(2) In nominating the Armed Police appointed or promoted on the same date to any internal training, generally nomination shall be so made30 on the basis of seniority as to give equal opportunity.
(3) The provisions relating to training course, curricula, period, place of training, trainer and guest lecturer of the training for the Armed Police Officer and Armed Police shall be as prescribed by the Headquarters.
(4) If any Armed Police included in the training shows irresponsibleness and frustration towards own professional knowledge by showing recklessness in the training period, the contents thereof shall
be indicated in the records.
(5) Any Armed Police who is so indicated in the records pursuant to Sub-rule (4) shall again be given an opportunity for training for one time. Departmental action shall be taken against the Armed Police who shows frustration and irresponsibleness even in such training.

30 Inserted by the Fifth Amendment.

(6) After the completion of the training, the concerned training centre shall prepare the records regarding the conduct and character of trainees during the training period and also send a copy thereof to the  office as referred to in Sub-rule (2) of Rule 26.
(7) The daily and travel allowance of trainees of training for travel to and from the training centre shall be as prescribed in these Rules.
(8) Ration and allowance as per the prevailing scale shall be given by the concerned training centre to those trainees who are entitled to ration.
(9) In case of going to the training of up to Three months, the salary and allowance for that period shall be given in lump sum by the appointed office and in the case of going to the training of more than three months, a lump sum amount for three months shall be given in advance and the amount for the remaining period shall be sent through
the concerned training centre from time to time.
(10) Preliminary uniform, as per the scale, shall be distributed to all trainees of the training conducted for new entry.
(11) All trainees of the training except of the recruit training shall be given an amount not exceeding Two Hundred Rupees, as training allowance.
(12) The trainer’s allowance to be received by the trainer and guest trainer shall be as prescribed by the Ministry of Home Affairs

.
116. Conduct of Examination:

(1) To take examination, after the completion of training conducted pursuant to these Rules, the Inspector
General of the Armed Police or Gazetted Officer of the Armed Police designated by him or her shall constitute an examinations conduction committee.
(2) The Committee constituted pursuant to Sub-rule (1) shall have all powers to conduct the examination including the publication of results.
(3) The Committee constituted pursuant to Sub-rule (1) may depute officers of the training centre to any place to conduct the examination.
(4) The Inspector General or Gazetted Officer of the Armed Police designated by him or her shall make signature in the certificates to be given to the trainees who have been successful in the training.
(5) The trainee who has secured first position in every training shall be rewarded.
(6) The trainee who has failed in the basic or technical training of the Armed Police Officer shall once more be given an opportunity to participate in the training. In case, if he or she has failed even in that training, no appointment shall be given to such a person.
(7) A trainee who has failed in the recruit basic training of the Armed Police, his or her appointment shall be voided.
Provided that, if a trainee becomes disabled upon sustaining injury while in training or falls ill for a long time and fails the training because of that reason, a chance examination shall be given to him or her for one time, and if he or she succeeds the examination, this Subrule shall not be deemed to bar the appointing of such a candidate.

117. Nomination for the foreign training:

(1) In nominating anyGazetted Officer for a foreign training, the committee under the chairpersonship of Additional Inspector General or Deputy Inspector General of the Armed Police of the Headquarters, comprising the chief
looking after the trainings of the same office and a representative of the Ministry of Home Affairs shall select potential candidates, on the basis of seniority, experience, academic qualification, implementation of work
and ability, and submit the same to the Inspector General of the Armed Police for nomination.
(2) The Inspector General of the Armed Police shall submit the same to the Government of Nepal for the approval of nomination of the candidate as recommended pursuant to Sub-rule (1) and the candidate nominated by the Government of Nepal shall be sent for a foreign training.
(3) The Armed Police who has returned after participating in a foreign training shall have to engage in a work related with the training, for at least One year.

Chapter- 13 Provisions Relating to Uniform

Chapter- 13
Provisions Relating to Uniform

118. Uniform and other goods:

(1) The color, type and other description of uniform of the Armed Police shall be as prescribed by the
Government of Nepal in consultation with the Inspector General of the Armed Police.
(2) The Armed Police shall, as per the level, be provided with other goods of preliminary uniform (according to summer and winter seasons) as referred to in Schedule-8.
(3) Every Gazetted Armed Police Officer shall be provided with ceremonial and tunic uniform as per the season, and such goods are required for the same shall be provided on the basis of period of consumption.
(4) If the uniform and goods distributed to the Armed Police are worn and torn after the expiry of specified period or due to any governmental work, the same shall be replaced as decided by the committee 31as referred to in Sub-rule (6).
(5)In the event of failure to provide ready-made uniform as mentioned in Sub-rule (2) to the Armed Police, amount shall be provided as per the local rate.
32(6) Notwithstanding anything contained in the laws in force, if any goods out of the government goods or controlled goods in the Armed Police Force are looted in the course of armed police operation or become obsolete or useless, the Inspector General of Armed Police, the Secretary at the Ministry of Home Affairs, the Minister for Home
Affairs and the Cabinet, Government of Nepal may, on the recommendation of the following committee, order to remit, dispose or auction such goods valued at a maximum of Two Hundred Thousand Rupees, Three Hundred Thousand Rupees, Five Hundred Thousand Rupees and above Five Hundred Thousand Rupees, respectively:
(a) Deputy Inspector General of Armed Police, Armed Police Force
Headquarters, Operational Division -Chairperson
(b) Chief of Financial Administration Division, Armed Police Force  Headquarters -Member
(c) Gazetted Second Class employee of the Ministry of Home Affairs -Member
31 Amended by the Fifth Amendment.
32 Amended by the Fifth Amendment.
(d) Gazetted Second Class employee of the Office of Financial Comptroller General -Member
(e) Expert in the concerned subject designated by the Armed Police Force Headquarters -Member
(f) Chief of Store Section, Armed Police Force Headquarters -Member
(g) Chief of Remission Section, Armed Police Force Headquarters Member secretary
Explanation: For the purposes of this Sub-rule, “controlled goods” means the arms, ammunitions of
the Armed Police Force and such goods as specified to be controlled goods by the Armed Police Force Headquarters from time to time.

Chapter- 14 Miscellaneous

Chapter- 14 Miscellaneous

119. To maintain inventory book:

There shall be maintained Three inventory books for cash, goods and documents in every Armed Police
Office, and handover of charge shall be made as per the same book.

120. To notify the Records Keeping Office: In the case of new or promoted appointment, the appointing authority and authority having the power to transfer as per these Rules shall give the information of such appointment or transfer directly to the Armed Police Records  Keeping Office and give a reference copy thereof to one level higher
officer and the Headquarters.

121. Restriction on leaving the job till Five years:

(1) Any Armed Police shall not be allowed to quit the job till Five years of his or her appointment.
Provided that, if any Armed Police is compelled to quit the job due to a reasonable reason, he or she shall have to submit an application to the authority indicating the reason thereof and if the authority thinks it reasonable, he or she may permit the Armed Police to quit the job.
(2) The amount invested by the Government of Nepal in an Armed Police who has quitted the job pursuant to Sub-rule (1) shall be recovered from him or her.

122. Not to bypass the level: Any Armed Police, while making correspondence in any subject, shall not generally bypass the level.

123. Ration facility: All Armed Police including peon of the Armed Police shall be given ration facility as prescribed by the Government of Nepal.

124. Provision relating to insurance facility: The provision relating to insurance facility for the Armed Police shall be as prescribed by the Government of Nepal.

125. To maintain records of those who are ineligible to employment:
(1) If any Armed Police has been dismissed from the Armed Police Service, the authority so giving dismissal order shall have to give the information including the peculiarity with Three generations to the Commission and Records Keeping Office and the Headquarters. The Headquarters shall have to give such information to the Armed Police
Offices thereunder.
(2) Based on the information received pursuant to Sub-rule (1), the Records Keeping Office shall prepare and maintain the records of those who are ineligible to employment in the armed service due to
being dismissed.
(3) If any person whose name is included in the records prepared pursuant to Sub-rule (2) is re-appointed to the Armed Police Service or post, he or she shall be immediately dismissed, upon recovering the
salary and allowance received after such re-appointment.

126. Not to leave the area without permission: Except in the condition  of deputation for any governmental function or on leave, any Armed Police working in any governmental office shall not go to another place, leaving the area or district where his or her office is situated, without permission of the person who has authorization to grant the leave.

127. Reward: If any Armed Police performs an appreciable work in connection with the discharge of his or her duties, the following Armed Police may provide the following grade increment or lump sum amount to the Armed Police personnel of his or her office or offices thereunder:
(a) Inspector General of the Armed Police, in the case of increment of up to five grades or cash amount of up to Two Thousand Five Hundred Rupees,
(b) Additional Inspector General or Deputy Inspector General of the  Armed Police working as chief of office, in the case of increment  of up to three grades or cash amount of up to One Thousand Five Hundred Rupees,
(c) Senior Superintendent of the Armed Police or Superintendent of the Armed Police and Deputy Superintendent of the Armed Police working as chief of office, in the case of increment of up to two grades or cash amount of up to One Thousand Rupees. Provided that, in the case of reward/prize to be provided pursuant to Clause (c), the reward making office shall obtain prior approval of the Armed Police Headquarters.

128. To make hand-over: Any Armed Police who has to hand over cash, goods or documents shall have to hand over the same to the concerned Armed Police within the prescribed time limit and the receiver shall have to take over the same within the same time limit.

129. To receive full salary and allowance after reinstatement in the service: If any Armed Police gets reinstatement in the service after having voided the decision or order to remove or dismiss him or her from the service, such Armed Police shall receive full salary, allowances, ration, grade, if any, from the date of his or her removal or
dismissal from the service up to the date of reinstatement. Provided that, if any Armed Police who has been removed or dismissed from the service because of being absconded or being absent from the service is reinstated, he or she shall not be entitled to any facility for the period of his or her absconding or absence.

130. 34Powers and procedure of Armed Police Special Court: In taking action and making decision of the case on the offence to be punished pursuant to Section 27 of the Act, the Armed Police Special Court shall exercise the powers and follow the procedures as mentioned in the Special Court Act, 2031 (1974).

131. Delegation of Power: (1) The Government of Nepal may, by a Notification published in the Nepal Gazette, delegate some of the powers vested in it pursuant to these Rules to the Armed Police as prescribed in the same Notification.
33 Inserted by the Fifth Amendment.

(2) Any authority may so delegate powers vested on him or her pursuant to these Rules to the lower level Armed Police as to be exercisable at his or her general supervision.

132. Order of Armed Police: The Inspector General of Armed Police may publish such orders as may be required for the operation of day-to-day activities of the Armed Police Force. Departmental notices including those relating to the transfer, promotion and training of the Armed Police shall also be published in the order to be so published.

35132A. Formation and operation of the Armed Police Force Welfare Service Center: (1) One Armed Police Force Welfare Center may be formed under the direct control of the Armed Police Force Headquarters for the operation and management of benevolent and creative activities, honor of those incumbent and former employees who do significant work, physical and mental development of the Armed Police, sports and entertainment, medical treatment of employees and their families.
(2) The Armed Police Force Welfare Center formed pursuant to Sub-rule (1) shall be operated in accordance with the procedures approved by the Government of Nepal, on the recommendation of the Armed Police Force Headquarters.

133. Power to make alteration in Schedules: The Government of Nepal may, by a Notification published in the Nepal Gazette, alter the Schedules of these Rules as per necessity.

134. Saving: Other service facility including carrier development made while remaining in the previous post by any Armed Police transferred to this Armed Police service from other governmental service pursuant to the
Act shall be added in the service pursuant to these Rules.
34 Amended by the Fifth Amendment.
35 Inserted by the Fifth Amendment.

135. Repeal

: (1) The Armed Police Rules, 2057 is, hereby, repealed. (2) Any acts and action done and taken pursuant to the Armed Police Rules, 2057 shall be deemed to have been done and taken pursuant to these Rules.

Schedule – 1 (Relating to Rule 25)

Schedule – 1
(Relating to Rule 25)

Oath
I …………………… …, hereby, swear in the name of God/Solemnly
affirm that I will bear the loyalty to the
36
Interim Constitution of Nepal, 2063
(2007) and that I will uphold own duty to the best of my all qualification,
knowledge and faith without fear or favor, affection or ill will of or unto none.
Signature of person taking oath: Signature of person administering oath:
Name:
Date: Name:
Place: Designation:
Office: