Skip to contentSkip to left sidebar Skip to footer

Statutes / Acts

Chapter-10 Collection and Protection of Personal Information

  1. Not to collect personal information except in accordance with law: (1) No one except the official authorized under law or the person permitted by such official shall collect, store, protect, analyze, process or publish the personal information of any person.

(2) Notwithstanding anything contained in sub-section (1), information provided by the concerned person may be collected after obtaining his or her consent for the purpose of conducting any study, research or collection of public opinion.

(3) While collecting information pursuant to sub-section (2), it shall not be collected without fully informing him or her regarding the purpose for which the information is collected.

Explanation: When the notice about collecting data is broadcast or published through the media of mass communication by addressing the general public, such notice shall be deemed to have provided information for the purposes of this Section.

(4) While collecting information pursuant to sub-section (2), the following matters shall be clearly set out:

(a)        Time of collecting information,

(b)        Content of information,

(c)        Nature of information,

(d)       Objective of collecting information,

(e)        Method and process of testing information,

(f)        Certainty of the matter of maintaining privacy of the collected information,

(g)        Matters including the protection of the collected information.

(5) While collecting information of any person, the official authorized for collecting information pursuant to law shall have to collect it by obtaining information from the concerned person.

(6) Notwithstanding anything contained in sub-section (5), the following person may provide the information on behalf of the following person:

(a)        In the case of the person who has not attained to the age of eighteen years or who is of unsound mind, his or her guardian or curator, provided there will be no harm to him or her when such information is so provided.

(b)        In the case of the other person, the attorney or representative authorized by him or her.

(7) Except in the following circumstance, the official authorized pursuant to sub-section (1) shall not collect personal information:

(a)       If the personal information has been collected by such official using authority under the same law under which it is collected,

(b)        If there is provision for collecting such information by such official under the prevailing law,

(c)        If it is collected in the course of investigation, prosecution of criminal offence or action under the court proceeding or enforcement of law,

(d)       If the person regarding whom any body corporate or public body collects information, holds or is about to hold any post of such a body, or if such information remain under the approved programs of such a body corporate or body.

(8) Other provisions relating to the collection, processing, analysis and use of personal information shall be as prescribed.

  1. Not to deem to be personal information: Except as otherwise provided in the prevailing law, the following information regarding the person holding a public post shall not be deemed to be his or her personal information:

(a)        The matter as to of which public body he or she is an incumbent official,

(b)        His or her post and office address, telephone number or address of electronic letter (email) through which contact may be established,

(c)        Name of the person signing any letter or document issued or written by a public body, and his or her post,

(d)       Description of job to be performed by him or her and its nature,

(e)        Matters relating to the conditions of his or her service.

  1. Protection of collected information: (1) The personal information that has been collected by any public body or remained under the responsibility or control of such a body shall be protected by such body.

(2) For the purpose of sub-section (1), the public body shall have to make appropriate arrangement against unauthorized access likely to occur to personal information, or against the possible risk of unauthorized use, change, disclosure, publication or transmission of such information.

(3) Notwithstanding anything contained elsewhere in this Section, the public body may disclose or get any personal information disclosed under the prevailing law.

  1. Not to use personal information without consent: (1) Except in the following circumstances, the personal information collected by or remained under the responsibility or control of a public body or body corporate shall not be used or given to any one without the consent of the concerned person:

(a)        It has been published or distributed for the purpose of which the personal information has been collected,

(b)        If demanded in written form, in the course of investigation or prosecution of a criminal case, by the official authorized for making such investigation or prosecution,

(c)        If an order is made by the court in the course of taking action on a sub-judice case,

(d)       If question is to be solved, when it is raised about the qualification or any other matter of the person, who is holding a public post under the prevailing law,

(e)        If the authorized official demands for any particular kind of information in written form, in order to solve the question raised on any particular matter.

(2) Notwithstanding anything contained in sub-section (1), the authorized official of the body having the responsibility for collection and protection of information may, in the following circumstances, publish, or cause to be published, any personal information for the purpose of a study or investigation for the public purpose:

(a)        If the matter about which investigation has been made cannot be fulfilled without personal identity,

(b)        If damage and loss is not caused to the concerned person while giving personal information of any matter that has been given for the purpose of investigation,

(c)        If the concerned person has consented at the time of obtaining information or any time thereafter for the public purpose.

(3) Notwithstanding anything contained in this Section, for the purpose of archives officially established by the Government of Nepal or Provincial Government, personal information may be provided, in the following circumstances:

(a)        If there is any information that does not affect negatively to the personal status, professional or personal privacy of the concerned person,

(b)        If such information is provided for the historical research or collection or accumulation of historical facts or information,

(c)        If it is personal information of any person thirty years or more than thirty years has passed after the death of such person.

                        Provided that such information shall not be provided if he or she gets insulted or it causes damage and loss or insulation in any manner to his or her heir or children, as a result of the publicity of personal information of such person.

(d)       If such information has been recorded since one hundred years or more than that period.

  1. Not to process sensitive information: (1) A public body shall not process, or cause to be processed, any sensitive personal information remained under its responsibility or control.

(2) For the purposes of sub-section (1), the following information shall be deemed to be sensitive information of the concerned person:

(a)        His or her caste, ethnicity or origin,

(b)        Political affiliation,

(c)        Religious faith or belief,

(d)       Physical or mental health or condition,

(e)        Sexual orientation or event relating to sexual life,

(f)        Details relating to property.

(3) Notwithstanding anything contained in sub-section (2), such information may be processed in the following circumstances:

(a)        In the course of alleviation of disease, public health protection, disease identification, health treatment, management of health institution and providing health service by the licensed doctor in the concerned subject or by the health worker under direction of the licensed doctor, without insulting or letting the concerned person feel inferior.

(b)        If the concerned person has published the information himself or herself.

  1. Application may be made to correct information: (1) If any person thinks that any information related to him or her which is remained under the responsibility, protection or control of any public body is wrong or is not based on the fact, he or she may, at any time, make an application to the concerned public body in the prescribed form to correct such information.

Provided that if he or she has already taken any advantage or facility on the basis of such information, application may not be made to correct such information.

(2) While making an application pursuant to sub-section (1), he or she shall have to submit the details of why such information has been wrong or has not been based on the fact, and also the evidence to justify the fact or details claimed by him or her.

(3) If an application is made pursuant to sub-section (1) and the public body thinks that it is necessary to correct such information as prescribed by making inquiry, it may correct such information by making necessary improvement.

Chapter-4 Compensation

 

  1. Power to make order for interim compensation: (1) Where it is required to have treatment of the victim or provide compensation or any kind of relief amount immediately, the court may make an order for getting such a person medically treated or providing compensation or relief amount in an interim manner.

(2) Where the order referred to in sub-section (1) is made, the victim shall be provided with compensation or relief amount from the Fund.

(3) Where the accused person is convicted of the offence upon judgment by the court, the court shall order such an offender to pay the amount of compensation or relief amount provided pursuant to sub-section (2) to the Fund within thirty-five days of the date on which the judgment was made.

(4) Where so ordered by the court pursuant to sub-section (3), such an offender shall pay to the Fund the amount of compensation or relief, and where he or she does not pay such amount within that period, it shall be recovered from any assets belonging to such an offender as government arrears, within sixty days of the date on which the judgment was made.

  1. To get compensation recovered from offender himself or herself: (1) The court may, while making final settlement of the case, make an order that a reasonable amount be paid, as compensation, by the offender to the victim.

(2) While making order for the payment of the compensation pursuant to sub-section (1), the court shall ascertain as to whether the victim has obtained the interim compensation or not pursuant to Section 29.

(3) Where the court makes an order pursuant to sub-section (1) that compensation be paid by the offender to the victim who has already obtained interim compensation pursuant to Section 29, only the amount that remains after returning the amount of interim compensation obtained by the victim to the Fund shall be provided to the victim.

(4) Notwithstanding anything contained elsewhere in this Section, where it appears that the victim cannot get compensation because the offender has no property or where the offence is established but the offender cannot be held to be convicted or where the case related to the offence is withdrawn pursuant to the prevailing law, the court may make an order that appropriate amount be paid as compensation to the victim from the Fund.

(5) The amount of compensation shall be provided to the victim from the Fund within thirty-five days from the receipt of the order pursuant to sub-section (4).

  1. Bases to be taken while determining the amount of compensation: While determining the amount of compensation to be provided to the victim, the court may take any or all of the following matters as the basis:

(a)        Reasonable expenses borne or to be borne by the victim for medical, psychological or psychiatric counseling,

(b)        Expenses of medical treatment borne or to be borne by the   victim,

(c)        Unexpected travel expenses borne by the victim,

Explanation: For the purpose of this clause, “unexpected travel expenses” means the reasonable expenses incurred in transport while traveling more than ten kilometers for receiving counselling or treatment service which the victim requires immediately to lessen the damage caused to the victim as a direct result of the offence because such service is not available within the distance of ten kilometers from the victim’s place of settlement or workplace or the scene of crime.

(d)       Expenses for legal practitioner borne by the victim,

(e)        Damage caused to the personal capacity of the victim as a direct result of the offence,

(f)        Financial loss borne or to be borne by the victim,

Provided that where the victim has obtained or is obtain compensation for such financial loss from the insurance pursuant to law, compensation shall not be provided pursuant to this clause.

(g)        Expenses incurred or to be incurred in repairing or maintaining the damaged personal goods or purchasing new ones,

(h)        The victim’s income generation capacity lost or damaged as a direct result of the offence,

(i)         Negative effect caused to the physical beauty of the victim,

(j)         Damage caused to physical, intellectual, sexual or reproductive capacity of the victim,

(k)        In the case of the offence of rape, negative effect caused from such offence to the social, cultural or family prestige or relationship of the victim,

(l)         Where the victim becomes pregnant due to rape, expenses incurable in abortion or giving birth to and nurturing the baby,

(m)       Medical treatment expenses in the case of abortion caused from the offence,

(n)        Reasonable expenses spent by the victim in good faith to become safe from additional offence that is likely to be committed against him or her, where the special condition is attracted,

Explanation: For the purposes of this Section “special condition” means the condition where the victim has sustained or has to sustain unnatural impact or effect as a direct result of the offence committed against the victim, by taking undue advantage of the physical or mental condition of, or the place of residence, workplace of, the victim or special location of the scene of crime at the time of the commission of the offence.

(o)        Mental or emotional damage borne by the victim,

(p)        Other appropriate grounds according to the nature and effect of the damage,

(q)        In the case of the victim whom special condition is applicable to, reasonable expenses incurred by the victim in good faith to save the victim of first grade from additional offence,

(r)        Guardian’s patronage lost by the minor children.

  1. To consider group of offences as one offence: For the purpose of providing compensation pursuant to this Act, compensation shall be provided by considering a group of offences as one offence.

Explanation: For the purposes of this Section “group of offences” means two or more than two offences that are connected for the following reasons:

(1)        Having been committed by the same person or group of persons against the same person in the same incident, or having the same characteristics between these offences for any other reasons, and

(2)        Death of the victim or damage caused to the victim from the offence.

  1. Compensation not available in more than one status: No person may receive the compensation referred to in this Act as the victim of first grade, victim of second grade and family victim or in more than one form or status in any other form.
  2. Compensation not to be provided: Notwithstanding anything contained elsewhere in this Act, the following victims shall not be provided with compensation pursuant to this Act:

(a)        One who commits the offence in relation to which compensation is to be received, attempts to commit it, entices or conspires to commit, or assists in the commission of, or is an accomplice involved in, the offence,

(b)        One who makes claims for compensation referred to in this Act in the capacity of the victim of first grade where the offence has been committed against him or her when he or she was involved in any other offence or due to that reason,

(c)        A family victim of the person who has died when he or her was going to commit an offence against any one or due to that reason,

(d)       A person who is entitled to receive compensation pursuant to the prevailing law under the insurance provision of third party with respect to the damage caused due to a motor vehicle accident,

Provided that nothing herein contained shall bar the provision of compensation pursuant to this Act in cases where such a person was killed or injured by using a motor vehicle with the intention of killing or injuring.

(e)        A victim of second grade or family victim who has information that the victim of first grade has been involved in any other offence or has reasonable reason to receive such information,

Provided that this provision shall not be applicable to a person who is a witness at the time of the commission of the offence for which compensation is to be received.

(f)        A person who is victim of an offence and whose treatment has been made free on behalf of the government or whose treatment expenditure has been borne by the government and there is a possibility that the victim may get recovery,

Provided that nothing herein contained shall bar the provision of compensation in the case of a damage other than the expenses for medical counseling or medical treatment.

(g)        A victim prisoner who is in detention upon being sentenced to imprisonment pursuant to the prevailing law and has suffered mental injury due to the offence committed against him or her while in detention,

Provided that nothing herein contained shall bar the provision of compensation also for the mental injury caused from being imprisoned for the sole reason of not being able to pay the fine imposed on him or her pursuant to the prevailing law.

(h)        A person who has been convicted of the offence against the State under the prevailing law,

(i)         A person who has been convicted of any organized crime under the prevailing law,

(j)         Except for a victim who is a minor or of unsound mind, a person who has become victim of an offence committed against him or her due to provocation by him or her to commit the offence against him or her or due to the conduct of the victim,

(k)        A person who does not make information or complaint in relation to the investigation of, court proceedings on, the offence, who makes a false information or complaint, who does not assist the investigating or prosecuting authority or who makes a statement, deposition or submits evidence with the objective of saving the person involved in the offence, or who, for that purpose, makes such a statement or deposition in the court that is contrary to the statement made before the investigating authority,

(l)         A person who has received, or appears to receive, financial support or compensation from any other source of the Government of Nepal with respect to the offence for which he or she is entitled to obtain compensation,

(m)       A person who appears to be unjust for being provided with compensation from the perspective of justice,

(n)        A person who makes an application to the effect that he or she does not wish to obtain compensation,

(o)        A person who is yet to pay such fine, claimed amount or any other amount as ordered by the order of the court or such revenue or other amount payable by the victim to the Government of Nepal,

(p)        Where it is held that a false complaint has been made,

(q)        Such a victim in cases where the perpetrator is likely to receive the benefit of compensation because of the fact that both the victim and the perpetrator are both the members of an undivided family at the time of the commission of the offence,

Provided that nothing herein contained shall bar the provision of compensation to the victim pursuant to this clause in the following conditions:

(1)        Where the perpetrator is not bound to bear the criminal liability pursuant to the prevailing law because of his or her age or mental unsoundness,

(2)        Where there is no legal provision entitling the victim to compensation from the offender in such an offence, or even if it exists such a provision, it does not appear that the victim will be able to obtain compensation from the perpetrator because there is no property in the name of the perpetrator or the undivided family or for any other reason but it is proved that the victim has lived apart upon separating the bread and board from the undivided family consisting of the perpetrator after the offence has been committed, or

(3)        A woman who is a victim of rape or a child born from her.

  1. Compensation amount to get first priority: Notwithstanding anything contained in the prevailing law, where the offender has also to pay compensation to the victim, in addition to the fine, government claimed amount, ten percent, twenty percent fee, public claimed amount or any other amount, by a judgment of the court, the first priority shall be given to the compensation to be received by the victim pursuant to this Act from the amount recovered from the offender.
  2. To be recovered as government arrears: Where the offender does not provide the victim with the amount of compensation ordered by the court to be recoverable to the victim pursuant to this Act, the court shall get it provided to the victim by recovering it from the movable and immovable property of the offender as government arrears.
  3. To receive compensation by dependent child or guardian: Where the victim dies before obtaining the compensation pursuant to this Act, his or her child dependent on him or her or guardian shall be entitled to such amount of compensation.
  4. To deduct the amount received earlier for compensation: While making payment of the amount of compensation to the victim pursuant to this Act, only the amount that remains after deducting the amount received by him or her earlier for interim compensation shall be provided.
  5. To pay the amount of compensation to the Fund: If the victim does not appear to receive the compensation until six months from the date on which information as to his or her entitlement to compensation was given pursuant to this Act, the amount of such compensation amount shall be paid to the Fund after that period.
  6. No entitlement of any one else to the amount of compensation: Notwithstanding anything contained in the prevailing law, no one else shall have entitlement to the amount obtained as compensation pursuant to Section 29 or 30 of this Act except where such amount is to be returned, deducted or recovered pursuant to this Act.

 

Chapter-11 Offences and Punishment

  1. Offence and punishment: (1) If a person does, or causes to be done, any of the following acts, he or she shall be deemed to have committed the offence under this Act:

(a)        Any act contrary to sub-sections (1), (2) and (4) of Section

(b)        Any act contrary to sub-section (2) of Section 4,

 (c)        Any act contrary to sub-section (1) of Section 5,

 (d)       Any act contrary to Section 6,

(e)        Act contrary to Sub-section (2), (3) and (4) of Section 7

 (f)        Any act contrary to Section 9,

(g)        Any act contrary to sub-section (2) and (3) of Section 10,

 (h)        Any act contrary to sub-section (3) of Section 11,

 (i)         Any act contrary to sub-section (4) of Section 12,

 (j)         Any act contrary to sub-section (2) of Section 13,

(k)        Any act contrary to Section 14,

(l)         Any act contrary to sub-sections (2) and (3) of Section 15,

 (m)       Any act contrary to Section 16,

 (n)        Any act contrary to Section 18,

(o)        Any act contrary to sub-sections (2) and (3) of Section 19

 (p)        Any act contrary to Section 21,

(q)        Any act contrary to Section 22,

(r)        Any act contrary to sub-sections (1), (3) and (7) of Section 23,

 (s)        Any act contrary to sub-section (1) of Section 26,

 (t)        Any act contrary to sub-section (1) of Section 27,

                        (2)        Punishment of imprisonment for a term not exceeding three years or fine not exceeding thirty thousand rupees or both shall be imposed for the offence referred to in sub-section (1),

(3) The Government of Nepal shall become the plaintiff in the cases on the offences as referred to in clause (c), (m), (p), (q), (r), (s) or (t), and such offences shall be deemed to have been included in Schedule-1 of the National Criminal Procedure Code, 2074.

  1. Complaint may be made: (1) When any offence under this Act, other than that mentioned in sub-section (3) of Section 29, is committed, the concerned person may make a complaint to the concerned District Court.

(2) While making a complaint pursuant to sub-section (1), it shall have to be made within three months from the date of commission of such act.

  1. Compensation: (1) If any kind of damage, loss or injury is caused to any person due to the commission of any act deemed to be the offence or any other act under this Act, the concerned person or victim may make a complaint to the concerned District Court to get compensation paid for such damage, loss or pain, as well.

(2) If a complaint referred to in sub-section (1) is made, the concerned District Court shall cause to be paid the reasonable compensation to the victim from the offender if it thinks that compensation has to be paid.

  1. To award departmental punishment: If the person holding a public post does not perform the act to be performed under this Act, or performs any act which is forbidden to be performed, the departmental or other punishment shall be awarded to him or her in accordance with the prevailing law relating to the conditions of his or her service, in addition to the punishment imposable pursuant to this Act.

Chapter-5 Compensation Levy

 

  1. Provisions relating to compensation levy: (1) The offender shall pay the following amount to the Fund, as the compensation levy:

(a)        Two hundred rupees where punishment of imprisonment for less than one year is imposed,

(b)        Four hundred rupees where punishment of imprisonment for one year to two years is imposed,

(c)        Six hundred rupees where punishment of imprisonment for two years to three years is imposed,

(d)       Eight hundred rupees punishment of imprisonment for three years to four years is imposed,

(e)        One thousand rupees where punishment of imprisonment for four years to five years is imposed,

(f)        One thousand three hundred rupees where punishment of imprisonment from five years to eight years is imposed,

(g)        One thousand eight hundred rupees where punishment of imprisonment from eight years to twelve years is imposed,

(h)        Two thousand two hundred rupees where punishment of imprisonment for above twelve years but below life imprisonment is imposed,

(i)         Two thousand eight hundred rupees where punishment of life imprisonment is imposed.

(2) The offender who has been sentenced to a fine only but not to imprisonment shall pay the compensation levy in such an amount as to be set by four percent of the fine so imposed.

(3) Where the offender is sentenced to both punishments of imprisonment and fine, he or she shall pay the compensation levy in such an amount which becomes the higher, out of that to be set from the imprisonment and fine pursuant to sub-section (1) or (2).

(4) The court shall determine the compensation levy pursuant to this Section while making judgment on the offence concerned.

(5) The compensation levy referred to in this Section shall be credited to the Fund.

  1. Liability to pay compensation levy not to be deemed terminated: (1) Even if it is required to pay a fine or bear any other pecuniary liability as well for the offence in relation to which the compensation levy is to be paid pursuant to Section 41 or to pay compensation paid to the victim, the liability to pay the compensation levy referred to in Section 41 shall not be deemed to have terminated.

(2) Even in cases where the sentence imposed on the offender is pardoned, postponed, changed or lessened or remitted or suspended pursuant to the prevailing law, the liability of the offender to pay the compensation levy referred to in Section 41 shall not be deemed to have terminated.

  1. Power to make order to lessen, or dispense with the requirement to pay, the compensation levy: (1) If any offence is not able to pay the compensation levy referred to in Section 41, he or she may make an application, along with the basis, ground, reason therefor and evidence thereof, to the court concerned for an order that the compensation be lessened or the requirement to pay it be dispensed with.

(2)        While inquiring into the application made pursuant to sub-section (1), where the court thinks that there is a reasonable condition that such an offender cannot pay the compensation levy, the court may make an order that the compensation levy referred to in Section 41 be lessened or the requirement to pay it be dispensed with.

 

Chapter-12 Miscellaneous

  1. To obtain consent of guardian or curator: Notwithstanding anything contained elsewhere in this Act, if the matters mentioned in this Act that they may be published or privacy may be disclosed with the consent of the concerned person are related to the person who has not attained the age of eighteen years or who is of unsound mind or who has intellectual disability, such matters may be published or privacy thereof be disclosed only when his or her guardian or curator gives consent and if it benefits him or her while publishing such matters or disclosing privacy related to them.

34        Not to deem to be a bar: (1) Nothing contained in this Act shall be deemed to bar the doing of the following in relation to the person mentioned in sub-section (2):

(a)        To obtain any notice or information in the course of court proceedings,

(b)        To obtain any personal information or details from any person, regarding investigation or prosecution of any offence under the law,

(c)        To publish his or her details relating to property under the prevailing law,

(d)       To publish by the body concerned, his or her details disclosing the identity including educational qualification, citizenship, passport, driving license,

(e)        Except for the matters prohibited by the prevailing law relating to the press and newspapers and national broadcasting, to publish or broadcast or make public any notice, information, data, news, picture obtained or collected in course of maintaining public welfare and transparency or conducting investigative journalism, in any manner, without making it contrary to the basic norms of privacy of the person,

(f)        To publish or transmit opinion, thoughts publicly expressed by him or her or audio-visual and picture captured in a publicly organized program,

(g)        To make fair comments, along with the basis, reason or evidence, about the details related to his or her property or the details referred to in clause (d) or the opinion, views expressed publicly by him or her or details related to his or her public function.

(2) For the purposes of sub-section (1), the term “person” means the following persons:

(a)        A person holding a public post,

(b)        A person involved in the formal process of being appointed, nominated or elected to a public post, or recommended for such a post,

(c)        A person retired from the service or relieved of a public post,

(d)       A person known publicly or who may be one of the public interest or concern,

(e)        A person who so appears that it is required to transmit a notice or information to the general public, owing to public welfare, decency or morality or regarding the act that has been done or about to be done against the law.

  1. Not to act contrary to this Act: The body which transmits any public information shall transmit such information in a manner not to be contrary to this Act.
  2. Power to frame Rules: The Government of Nepal may frame necessary Rules in order to implement this Act.

Chapter-6 Victim Protection Suggestion Committee

 

  1. Victim Protection Suggestion Committee: (1) There shall be a Victim Protection Suggestion Committee as follows, for making suggestions to the Government on the protection of the rights and interests of the crime victims:

(a)        Attorney General                                                        -Coordinator

(b)        Chairperson, Nepal Law Commission                        -Member

(c)        Secretary, Government of Nepal, Ministry of Finance                                                                                                                       -Member

(d)       Secretary, Government of Nepal, Ministry of

Law, Justice and Parliamentary Affairs                      -Member

(e)        Inspector General of Police, Nepal Police                  -Member

(f)        One expert designated by the Government of Nepal

from among the persons who have made significant

contribution in the field of victimology or criminal justice                                                                                        -Member

(2) The tenure of the member referred to in clause (f) of sub-section (1) shall be of five years.

(3) Notwithstanding anything contained in sub-section (2), the Government of Nepal may at any time remove the member referred to in clause (f) of sub-section (1) if he or she has incompetence or bad conduct or fails to perform his or her duties honestly.

Provided that prior to so removing from the office, he or she shall not be deprived of an opportunity to submit his or her clarification.

  1. Functions of the Victim Protection Suggestion Committee: (1) The functions of the Victim Protection Suggestion Committee shall be as follows:

(a)        To make suggestions to the Government of Nepal as to the improvement and revision to be made in the existing law for the protection of the rights and interests of the victims,

(b)        To make suggestions to the Government of Nepal as to the policy measures to be adopted by the Government of Nepal for the security of the victims and mitigation of damage and adverse effects sustained by the victims from the offence,

(c)        Where Nepal is to become a party to an international treaty or agreement related to the rights of the victims, to make recommendation to the Government of Nepal to that effect, along with the reason,

(d)       To make suggestions to the Government of Nepal to operate such particular service as is necessary upon identifying the needs of the victims.

(2) Having regard also to the suggestions of the Victim Protection Suggestion Committee, the Government of Nepal shall operate the services including relief, social rehabilitation, counseling, financial, physical, social, legal aid/support for the security, protection of the rights and interests of the crime victims, and for mitigating the damage, negative impact and effect sustained or to be sustained by the victims due to the offence.

  1. Meeting allowance: The coordinator and members of the Victim Protection Suggestion Committee shall get such meeting allowance as prescribed by the Government of Nepal for participating in the meeting of the Committee.

 

Chapter-7 Miscellaneous

 

  1. To provide from the Fund: The victim shall be provided compensation in a reasonable amount from the Fund for the damage sustained as a result of any offence committed by a perpetrator who does not have to bear the criminal liability due to his or her age, mental unsoundness, diplomatic immunity and any other reason.
  2. To claim for compensation: While making prosecution in any offence, the victim of first grade, victim of second grade and family victim shall have to make an explicit claim for compensation to be obtained by them.
  3. To provide information: The concerned body or authority who is involved in the proceedings of such matters or who maintains the records of such information or who has the access to such information shall provide such information to the body or authority who has the duty to provide information to the victim pursuant to this Act.
  4. To give a notice of final hearing: (1) Notwithstanding anything contained in the prevailing law, the court shall give a notice of final hearing of the case related to the offence to the concerned Government Attorney Office in advance of at least seven days.

(2) After receiving information pursuant to sub-section (1), the Government Attorney Office shall, as promptly as possible, give information of final hearing to the concerned victim to the extent possible.

  1. Modes of giving notice to the victim: The concerned body or authority who has the duty to give a notice to the victim pursuant to this Act may give it in writing, orally, by telephone or electronic means so that it will remain in the record, as required.
  2. Power to appoint representative: For the enjoyment or enforcement of the rights of the victim conferred by this Act, the victim may appoint his or her representative or attorney pursuant to the prevailing law, and when so appointed, the victim shall be deemed to have enjoyed or enforced his or her rights through such a representative or attorney.
  3. Power to frame Rules: The Government of Nepal may, in consultation with the Committee, frame necessary rules for the implementation of the objectives of this Act.
  4. Power to make directives: The Government of Nepal may, subject to this Act or the Rules framed under this Act, make necessary directives in relation to the provision of compensation to the victims.

Preamble

Act number 45 of the year 1993
An Act Made To Provide for Motor Vehicle and Transport Management
Preamble: Whereas, it is expedient to make transportation services consolidated, efficient and effective with a view to preventing motor vehicle accidents, enabling the victims of accidents to have compensation, providing for insurance and making transportation facilities available to the public generally in a simple and easily accessible manner;

Be it enacted by the Parliament in the twenty first year of the reign of His Majesty King Birendra Bir Bikram Shah Dev.

Chapter-1 Preliminary

1. Short title and commencement:
(1) This Act may be called the Motor Vehicles and Transport Management Act, 1993. (2) It shall come into force immediately.

2. Definitions: In this Act, unless the subject or the context otherwise requires,-
(a) “motor vehicle” means any mechanically propelled vehicle plying on the road;
(b) “motor vehicle weight” means the total weight of a motor vehicle; Explanation: “total weight” means such gross laden weight of a motor vehicle as mentioned in the motor vehicle registration certificate including the engine, chassis, other parts and equipment of such a motor vehicle.
(c) “heavy motor vehicle” means a motor vehicle referred to in Section 3;

(d) “medium motor vehicle” means a motor vehicle referred to in Section 4;
(e) “light motor vehicle” means a motor vehicle referred to in Section 5;
(f) “public motor vehicle” means a motor vehicle used in the transport service;
(g) “transport service” means the transportation by a public motor vehicle of passengers or goods from one place to another in consideration of fares;
(h) “fares” means sums or charges receivable by a public motor vehicle for the provision of the transport service;

(i) “tourist motor vehicle” means a motor vehicle referred to in Section 7;
(j) “private motor vehicle” means a motor vehicle referred to in Section 8;
(k) “government motor vehicle” means a motor vehicle referred to in Section 9;
(l) “corporation motor vehicle” means a motor vehicle referred to in Section 10;
(m) “motor vehicle with diplomatic facility” means a motor vehicle referred to in Section 11;
(n) “passenger” means a person who travels by a public motor vehicle;
(o) “cargo” means livestock, birds and any non-living things carried by a public motor vehicle, except a human being;
(p) “passenger motor vehicle” means a public motor vehicle providing the transport service to passengers;
(q) “cargo motor vehicle” means a public motor vehicle used in the transportation of goods;
(r) “registration certificate” means the motor vehicle registration certificate issued upon the registration of a motor vehicle pursuant to Section 16;
(s) “driver” means a person who has obtained the motor vehicle driving license;
(t) “driving license” means the motor vehicle driving license issued by the competent authority pursuant to Section 50;
(u) “conductor” means a person who has obtained the conductor’s license pursuant to Section 67 and this term includes other checker and helper who work in the motor vehicle;
(v) “security personnel” means an employee who is responsible for the security of passengers, goods and motor vehicles.

(w) “public place” means a public road, belt, street, river, bridge, path or a place where general public make movement and stay, and this term includes any place specified for the getting on and getting off motor vehicles by passengers or parking motor vehicles;
(x) “parking place” means a place specified for parking motor vehicles;
(y) “bus stop” means a place specified for passengers to get on and get off passenger public motor vehicles for the purpose of making a journey;
(z) “route” means a road specified for plying public motor vehicles;
(aa) “long route” means a route with a distance of two hundred fifty kilometers or more from a point of departure for a journey to that of destination;
(ab) “medium route” means a route with a distance of more than one hundred kilometers but less than two hundred fifty kilometers from a point of departure for a journey to that of destination;
(ac) “short route” means a route with a distance of twenty five to one hundred kilometers from a point of departure for a journey to that of destination;
(ad) “local route” means a route with a distance of less than twenty five kilometers from a point of departure for a journey to that of destination;

(ae) “route permit” means the permit obtained pursuant to Section 77 to ply a motor vehicle on the approved route;
(af) “test certificate” means a certificate issued upon testing the mechanical condition of a public motor vehicle;
(ag) “insurance” means the insurance required to be procured by a motor vehicle owner or manager in relation to the motor vehicles, passengers, goods, drivers, conductors, security personnel, other employees working on the motor vehicles and the third parties, and this term includes a comprehensive insurance policy to be made in that respect;

(ah) “owner of motor vehicle” means a person, firm, company or other corporate body who is specified as the owner of a motor vehicle in the motor vehicle registration certificate;
(ai) “manager” means a person who is responsible for the systematic operation of a public motor vehicle engaged in the registered transportation service;
(aj) “passenger baggage” means the personal belongings of a passenger which are taken by him or her on a journey;
(ak) “traffic signs” means all information, signals or signs given by the police or one driver to another, and this term includes all notices, signals or marking posted or placed or installed, in written or symbolic forms, for the guidance or direction of motor vehicles;
(al) “pollution” means sound and noise pollution emitted from a motor vehicle;
(am) “Department” means the Government of Nepal, Ministry of Labor and Transport Management, Department of Transport Management;
(an) “competent authority” means the chief of the Transport Management Office;

(ao) “management committee” means the transport management committee formed pursuant to Section 154;
(ap) “examination committee” means the examination committee formed pursuant to Section 156;
(aq) “transport inspector” means person appointed pursuant to Section 157;
(ar) “training center” means a motor vehicle training center recognized by the Department pursuant to Section 159;
(as) “area” means such an area specified as to fall under the territorial jurisdiction of the Transport Management Office; and
(at) “prescribed” or “as prescribed” means prescribed or as prescribed by this Act or the Rules framed hereunder or a notified order issued by a notification in the Nepal Gazette.

Chapter-2 Classification of motor vehicles

3. Heavy motor vehicle: A motor vehicle set forth in Clause (a) of Schedule-1 and of which weight is more than ten tons shall be called as a heavy motor vehicle.

4. Medium motor vehicle: A motor vehicle set forth in Clause (b) of Schedule-1 and of which weight is more than four tons and less than ten tons shall be called as a medium motor vehicle.

5. Light motor vehicle: A motor vehicle set forth in Clause (c) of Schedule-1 and of which weight is less than four tons shall be called as a light motor vehicle.

6. Public motor vehicle:
(1) A motor vehicle having obtained the certificate of registration to operate the transport service shall be called as a public motor vehicle.
(2) The public motor vehicles shall be divided into two types namely the passenger motor vehicles and the cargo motor vehicles.
(3) The passenger public motor vehicles shall be divided into day and night services and categorized into the following classes and be given the license to operate the transport service: (a) Direct service; (b) Express service; and (c) Local service.
(4) The standards, speed and other necessary provisions of the public motor vehicles divided pursuant to Sub-section (3) shall be as prescribed.
(5) For the identity of a public motor vehicle, the vehicle shall have such a number plate on its front and rear side as set forth in Clause (a) of Schedule-2.

7. Tourist motor vehicle: (1) A public motor vehicle having obtained the certificate of registration to provide the transport service to foreign tourists shall be called as a tourist motor vehicle. (2) For the identity of a tourist motor vehicle, the vehicle shall have such a number plate on its front and rear side as set forth in Clause (b) of Schedule-2.

8. Private motor vehicle: (1) A motor vehicle having obtained the certificate of registration for private use shall be called as a private motor vehicle. (2) No private motor vehicle shall be used for the transport service. (3) For the identity of a private motor vehicle, the vehicle shall have such a number plate on its front and rear side as set forth in Clause (c) of Schedule-2.

9. Government motor vehicle: (1) A motor vehicle registered in the name of any government office and owned by the Government of Nepal and having obtained the certificate of registration shall be called as a government motor vehicle. (2) For the identity of a government motor vehicle, the vehicle shall have such a number plate on its front and rear side as set forth in Clause (d) of Schedule-2.

10. Corporation motor vehicle: (1) A motor vehicle registered in the name of anybody corporate fully, mostly or partly owned by the Government of Nepal and having obtained the certificate of registration shall be called as a corporation motor vehicle. (2) For the identity of a corporation motor vehicle, the vehicle shall have such a number plate on its front and rear side as set forth in Clause (e) of Schedule-2.

11. Motor vehicle with diplomatic facility: (1) A motor vehicle registered in the name of any diplomatic mission or office, plan, body or person enjoying diplomatic facility and having obtained the certificate of registration shall be called as a motor vehicle with diplomatic facility. (2) For the identity of a motor vehicle with diplomatic facility, the vehicle shall have such a number plate on its front and rear side as set forth in Clause (f) of Schedule-2.

12. Prohibition on use for other purpose: (1) A motor vehicle which has been registered for any one purpose shall not be used for any other purpose. (2) A motor vehicle which has been provided with a facility of customs duty exemption shall not be used for any purpose other than that for which the customs duty exemption has been granted.

Chapter-3 Provisions relating to motor vehicle registration

13. Entry to be registered: (1) A person, firm or company importing a motor vehicle from abroad shall make an application to the police office situated in the place of entry of such a motor vehicle into Nepal for the registration of entry of such a motor vehicle.

(2) If an application is made for the registration of entry pursuant to Sub-section (1), the police office shall, upon examining the evidence of purchase of such a motor vehicle and the related documents, register the entry of such a motor vehicle for fifteen days and give a certificate of the entry registration to the person, firm or company having imported such a motor vehicle, and send the description of such a motor vehicle to the concerned Transport Management Office promptly.

14. Motor vehicle to be registered: (1) A person, firm or company purchasing a motor vehicle or importing it from abroad or an agent selling or distributing a motor vehicle shall get the motor vehicle registered with the competent authority no later than fifteen days after the date of bringing it into Nepal upon paying customs duty. (2) No one shall ply or cause to be plied any motor vehicle without getting it registered pursuant to Sub-section (1).

15. Application to be made for the registration of motor vehicle: (1) If a motor vehicle is required to be registered pursuant to Section 14, a person, firm or company or agent who has purchased the motor vehicle shall, where such a motor vehicle has been purchased within Nepal, make an application, accompanied by the evidence of such purchase, and a person, firm or company or agent who has imported such a motor vehicle from abroad shall, where such a motor vehicle has been imported from aboard, make an application, accompanied by the evidence of payment of customs duty of that motor vehicle, and other related documents, to the competent authority in the prescribed format and accompanied by the prescribed fees. Provided that, no registration fee shall be levied for the registration of a motor vehicle with diplomatic facility.

(2) A person who makes an application pursuant to Sub-section (1) shall attach with the application a certified copy of the certificate ofcitizenship of Nepal and his or her three passport size photographs recently taken.

(3) In the case of a governmental motor vehicle, the application shall also be accompanied by a letter of the governmental office in whose name the motor vehicle is going to be registered, and in the case of a motor vehicle with diplomatic facility, it shall also be accompanied by a recommendation letter of the Ministry of Foreign Affairs, the Government of Nepal. If a motor vehicle with diplomatic facility is to be registered in the name of any person, such a person shall attach a copy of his or her passport or citizenship and three passport size photographs.

(4) If a foreign citizen who carries on any business and transaction within the State of Nepal intends to get any motor vehicle registered for his or her personal use, a recommendation letter of the concerned diplomatic mission shall also be attached, in addition to the matters set forth in Subsections (1) and (2).

(5) If a motor vehicle is required to be registered in the name of a minor, his or her guardian shall, on his or her behalf, make an application, accompanied by three passport size photographs each of the minor and the guardian and a certified copy of citizenship.

16. Motor vehicle registration certificate: (1) If an application is made for the registration of any motor vehicle pursuant to Section 15, the competent authority shall make necessary inquiry into the matter, register such a motor vehicle in the name of the applicant and issue the registration certificate in the form as referred to in Schedule-3. Provided that, any motor vehicle with more than fourteen seats and with gross weight of four tons or more shall not be registered as a private motor vehicle except in the name of a national or international organization

established with social, religious, benevolent and educational purpose or a body corporate established under the laws in force. (2) In registering a motor vehicle in the name of a minor, the motor vehicle registration certificate shall also contain the guardian’s name and be signed by the guardian, as well. (3) The registration certificate shall contain the total laden weight of a motor vehicle as specified in the technical specification of the motor vehicle issued by its manufacturer as the weight of that motor vehicle; and in so specifying the weight of the motor vehicle, the unladen weight and the laden weight must be separately and clearly specified. (4) The registration certificate shall remain valid for a period of one year after the date of its issuance.

17. Road worthiness certificate to be issued: (1) Prior to registering any motor vehicle pursuant to Section 16, the competent authority shall, subject to the criteria prescribed pursuant to Section 23, examine such a motor vehicle as to whether it is in good condition that it can be plied and register such a motor vehicle only when it is in good condition that it can be plied and issue the certificate of registration. In so issuing the certificate of registration, the certificate of road worthiness of such a motor vehicle shall also be issued to the owner of such a motor vehicle. (2) The road worthiness certificate issued pursuant to Sub-section (1) shall have to be affixed on the motor vehicle.

18. Joint registration: If an application is made by two or more persons to the competent authority pursuant to Section 15 for the joint registration of any motor vehicle, the competent authority shall make necessary inquiry into the matter, register such a motor vehicle jointly in the names of these persons and issue the registration certificate as referred to in Section 16 to them.

19. Provisional registration: Any motor vehicle may be registered provisionally in the following circumstance: (a) if there exists a reasonable reason for the failure of the importer of the motor vehicle to appear to get the motor vehicle registered within the time limit within which it is required to be registered; (b) if it is not possible to immediately produce the imported motor vehicle for registration due to defects in the engine, chassis or any other spare parts of the motor vehicle; or (c) if it is not possible to immediately register the motor vehicle due to the arising of an insurance claim dispute with the manufacturer company or sales agent of the motor vehicle or insurance company owing to the occurrence of the condition set forth in Clause (b).

20. Application for provisional registration: (1) If there occurs any circumstance set forth in Section 19, the importer of a motor vehicle or his or her nearest heir in his or her absence shall make an application, accompanied by the evidence of payment of customs duty of the motor vehicle and other relevant documents, in the prescribed format, along with the prescribed fees, to the competent authority for the provisional registration of the motor vehicle in the name of its importer. (2) In making an application pursuant to Sub-section (1), the applicant shall also attach a certified copy of the certificate of citizenship of Nepal and three copies of recently taken photograph of the person in whose name the motor vehicle is to be registered provisionally.

21. Provisional registration certificate: (1) If any person makes an application for the provisional registration of any motor vehicle pursuant to Section 20, the competent authority shall inquire into whether the motor vehicle can be registered provisionally pursuant to Section 19, register such a motor vehicle provisionally and issue the provisional registration certificate in the form as referred to in Schedule-4.

(2) The provisional registration certificate shall also specify that the word provisional is also to be set down in the number plate of that motor vehicle. (3) The provisional registration certificate may be so issued that it remains valid for a maximum period of six months at one time or at several times.

22.  Motor vehicle to be produced: In making application for the registration of a motor vehicle pursuant to Section 13, 15 or 20, for the transmission of ownership of motor vehicle pursuant to Section 37 and for the alteration in any matter of motor vehicle pursuant to Section 39, the person, firm or company making such an application shall also produce the motor vehicle intended to be so registered, transmitted or altered in any respect.

23. Power to specify criteria for examination of motor vehicles: (1) The Government of Nepal may determine and prescribe necessary criteria on the following matters in order to examine and ascertain whether a motor vehicle is capable of being plied: (a) Mechanical condition of the motor vehicle. (b) Length, breadth, height, structure and body of the motor vehicle. (c) Pollution likely to be generated from the motor vehicle. (d) Period during which the motor vehicle can be plied. (2) In issuing the road worthiness certificate after examining whether a motor vehicle is capable of being plied or issuing the test certificate, the competent authority shall make examination subject to the criteria prescribed pursuant to Sub-section (1).

24. Power to refuse to register motor vehicle: (1) If an application is made for the registration of a motor vehicle, and if upon examining, subject to the criteria as specified in Section 23, whether the motor vehicle is capable of being plied, the competent authority considers that such a motor vehicle is not capable of being plied, the competent authority may refuse to register such a motor vehicle.

(2) If it is refused to register any motor vehicle pursuant to Subsection (1), the competent authority shall give a notice thereof, accompanied by the reason for such refusal, to the applicant.

(3) Notwithstanding anything contained in Sub-sections (1) and (2), if the Department is of the opinion that it is reasonable to stop the registration of any type of motor vehicle to be made under Section 14 for public interest owing to environmental pollution, traffic load, condition of roads, difficulty with vehicular movement or similar other reasons, it may issue an order to any or all Transport Management Offices to stop the registration of such a motor vehicle.

25. Validity of registration: (1) A motor vehicle registered in any one region pursuant to this Act may also be plied in another region.

(2) Notwithstanding anything contained in Sub-section (1), a motor vehicle registered in any one region shall not be allowed to be plied in another region for more than one year consecutively or at several times. Provided that, this restriction shall not apply to a governmental motor vehicle, corporation motor vehicle, motor vehicle with diplomatic facility and motor vehicle with route permit.

26. Information to be given: (1) If a motor vehicle registered in one region enters another region, the owner or driver of the motor vehicle, as the case may be, shall give information thereof to the nearby police office no later than twenty four hours of such entry. (2) If it is required to ply a motor vehicle having entered pursuant to Sub-section (1) for more than thirty days in that region, the owner or driver of the motor vehicle, as the case may be, shall have to obtain permission from the competent authority no later than seven days of the entry into that region.

27. Transfer registration: (1) If it is required to ply a motor vehicle in a region other than the region in which it has been registered for more than the period as set forth in Sub-section (2) of Section 25, the owner of the motor vehicle shall make an application, accompanied by the registration certificate, three recently taken passport size photographs of him or her and prescribed fees, to the competent authority for the registration of transfer. (2) If an application referred to in Sub-section (1) is made and the competent authority, upon making examination of such a motor vehicle subject to the criteria specified pursuant to Section 23, considers it appropriate to make transfer registration, the competent authority shall register the transfer of that motor vehicle and give the registration certificate to the owner of that vehicle.

28. Records of motor vehicle to be maintained: The competent authority shall cause the details of each motor vehicle registered pursuant to this Act, including the name and address of owner, date of registration, and registration number, of the motor vehicle, name of motor vehicle manufacturer, model, year, engine number, chassis number, type and weight of the motor vehicle to be clearly mentioned in the register and maintain records of motor vehicles in an updated manner. The photograph of the owner of the motor vehicle must also be affixed on the concerned page of such a register.

29. Prohibition on plying foreign motor vehicle without obtaining permission: No motor vehicle registered abroad shall be plied within the State of Nepal without obtaining permission pursuant to the laws in force.

30. Permission to ply foreign motor vehicle: If an application is made for permission to ply a motor vehicle registered abroad within the State of Nepal, the competent authority may, upon collection of the prescribed fees, give permission to ply that motor vehicle for a period not exceeding one month. Provided that, such a motor vehicle must not be permitted to operate the transport service within the State of Nepal.

31. Renewal of registration certificate: (1) The registration certificate shall have to be got renewed within three months of the expiration of the time limit set forth in the registration certificate pursuant to Sub-section (4) of Section 16.

(2) The owner of a motor vehicle or a person deputed by him or her shall have to submit the registration certificate, accompanied by the prescribed fees, to the competent authority for the renewal of the registration certificate pursuant to Sub-section (1). Provided that, no fee shall be charged for the renewal of the registration certificate of a motor vehicle with diplomatic facility. (3) If the registration certificate is submitted for renewal pursuant to Sub-section

(2), the competent authority shall have to renew such a registration certificate for other one year.

(4) If the owner of a motor vehicle shows up for the renewal of the registration certificate after the expiration of the time limit referred to in Subsection (1), such a registration certificate shall have to be renewed by collecting from such an owner one hundred percent fees until one year of the expiration of the time limit, two hundred percent fees until two years, three hundred percent fees until three years, four hundred percent fees until four years and five hundred percent fees until five years, in addition to the renewal fees.

32. Power of the competent authority to notify: If the registration certificate of a motor vehicle with diplomatic facility is not submitted for renewal within the period as referred to in Sub-section (1) of Section 31, the competent authority may notify the concerned diplomatic mission, office or person, through the Ministry of Foreign Affairs, to get renewed the registration certificate of such a motor vehicle.

33. Special provision relating to renewal: Notwithstanding anything contained in Sub-section (3) of Section 31, if the owner of a governmental motor vehicle, corporation motor vehicle, motor vehicle with diplomatic facility and private motor vehicle intends to get the registration certificate of his or her motor vehicle renewed for five years at a time and submits the registration certificate, accompanied by the renewal fees chargeable for five years, the competent authority may renew such a registration certificate for five years at a time.

34. Ipso facto revocation of registration certificate: (1) A registration certificate which has not been renewed even within the period as referred to in Sub-section (4) of Section 31 shall ipso facto be revoked. (2) The records of the motor vehicle of which registration certificate has been revoked pursuant to Sub-section (1) shall be crossed off the register. (3) The registration certificate of which records have already been crossed off the register pursuant to Sub-section (2) shall not be renewed.

35. Eligibility for re-registration: If a motor vehicle of which registration certificate has been revoked and records crossed off pursuant to Section 34 is produced for re-registration, such a motor vehicle shall be registered pursuant to Section 16 and another registration certificate shall be given to the motor vehicle owner, by collecting the renewal fees due to be collected pursuant to Section 31 and additional fees as well as a fine that is two-fold of the additional fees referred to in Sub-section (4) of Section 31 for the years after which it has been produced for registration.

36. Information of change in address of motor vehicle owner to be given: (1) In the event of a change in the address of the owner of any motor vehicle registered pursuant to this Act, information thereof, accompanied also by the registration certificate, shall have to be given to the competent authority within one month. (2) Upon receipt of the information as referred to in Sub-section (1), the competent authority shall mention the new address in the registration certificate and also make necessary correction in the register.

37. Transmission of motor vehicle: (1) If the owner of a motor vehicle registered pursuant to this Act transfers his or her ownership in that vehicle to any other person by way of gift or sale or otherwise, the owner shall have to make an application in the prescribed format, accompanied also by the registration certificate and a proof of payment of the motor vehicle tax, to the competent authority for the transmission of that motor vehicle, no later than fifteen days.

(2) The heir whom the ownership in a motor vehicle has to be transmitted to as a consequence of the death of the owner of the motor vehicle shall have to make an application in the prescribed format, accompanied also by an evidence of the death of the owner of the motor vehicle, the registration certificate, a proof of payment of the motor vehicle tax and an evidence proving that he or she is the nearest heir, to the competent authority for the transmission of that motor vehicle, no later than thirty five days after the death of the owner of the motor vehicle.

(3) If an application is made for transmission pursuant to Sub-section (1) or (2), the competent authority shall hold necessary inquiry into the matter and make transmission by indicating the matter of transmission in the registration certificate, and collecting the prescribed fees. Provided that, if an application is made by more than one heir on the equal footing for transmission pursuant to Sub-section (2), the transmission must be made by jointly registering that motor vehicle in the names of all the heirs.

(4) In the event of the transmission of a motor vehicle pursuant to Sub-section (3), the matter that transmission has been made upon the transfer of ownership accordingly must be mentioned in the register. (5) If, in making inquiry in the course of transmitting a motor vehicle pursuant to this Section, the competent authority finds that there is any lawsuit pending as to the title to the motor vehicle, that motor vehicle must not be transmitted to the name of any one pending the final settlement of such a lawsuit.

38. Prohibition on changing registration: Notwithstanding anything contained elsewhere in this Act, the registration certificate must not be issued in such a manner as to change the registration of a motor vehicle having obtained the registration certificate upon being registered as a goods motor vehicle into a passenger motor vehicle.

39. Prohibition on alteration without obtaining approval:

(1) The owner of a motor vehicle owner shall not make any such alteration in the motor vehicle as to change its color, number of seats,  structure, engine or chassis, without obtaining approval of the competent authority. Provided that this Sub-section shall not be deemed to prevent the making of a normal change of spare parts in a motor vehicle.

(2) If a request is made for approval to make an alteration pursuant to Sub-section (1), the competent authority shall make necessary inquiry into the matter, and may, if it thinks appropriate to give approval for such an alteration, give such an approval. Provided that, no approval shall be so given as to change the specification made by the motor vehicle manufacturing company in relating to the structure of the motor vehicle.⊗

(2a)⊗ In giving approval for alteration pursuant to Sub-section (2), there shall be charged the fee which is fifty percent of the fees chargeable for the registration of the motor vehicle.

40. Power to suspend registration certificate:

(1) The competent authority may, in any of the following circumstances, issue an order suspending the registration certificate of any motor vehicle for a period not exceeding the following period:

(a) If it appears that the plying of a motor vehicle may cause a loss of or damage to the body or property of the general public because the motor vehicle is out of order, for a period until the motor vehicle is repaired and maintained satisfactorily, and

(b) If the owner of motor vehicle plies the motor vehicle without fulfilling any terms required to be fulfilled under this Act or any order issued by the competent authority subject to this Act or the ambit of Rules framed under this Act, for a period not exceeding six months.

(2) In issuing an order to the owner of motor vehicle, thereby suspending the registration certificate pursuant to Sub-section (1), the competent authority shall also clearly assign the reason for such suspension.

(3) In the event of suspension of the registration certificate pursuant to Sub-section (1), the competent authority shall have to give information thereof to the concerned police office.

(4) In the event of suspension of the registration certificate pursuant to Sub-section (1), the owner of motor vehicle shall have to surrender the registration certificate to the competent authority no later than seven days of the order issued by the competent authority.

(5) The competent authority shall have to return the registration certificate surrendered by the owner of motor vehicle pursuant to Sub-section (4) after the expiration of the period of suspension of the registration certificate. (6) In returning the registration certificate to the owner of motor vehicle pursuant to Sub-section (5), the competent authority shall cause to be clearly specified the period of suspension and the reason for suspension in the registration certificate and the records thereof to be mentioned also in the register.

41. Revocation of registration certificate: (1) If any motor vehicle registered pursuant to this Act is destroyed in any manner or becomes out of order as not being capable of plying or taken outside Nepal permanently, the owner of such a motor vehicle shall have to make an application, in the prescribed format, accompanied by the registration certificate, to the competent authority for crossing off the records of such a motor vehicle no later than thirty days. Provided that, if it is required to take outside Nepal any motor vehicle which is important archaeologically or any spare parts of such a motor vehicle, its owner shall have to obtain prior approval of the competent authority. (2) If an application as referred to in Sub-section (1) is made, the competent authority shall, if the contents are found true upon necessary inquiry made into the matter, revoke such a registration certificate, mention that matter in the register and cross off the record of such a motor vehicle.

42. Remission of renewal fees: If any motor vehicle registered pursuant to this Act is not capable of plying or being plied for a period exceeding one year because of being seized for any reason or being out of order due to an accident or otherwise and the owner of motor vehicle makes an application setting out that matter, accompanied by the registration certificate and an evidence thereof, the competent authority may seize the registration certificate of such a motor vehicle and remit the renewal fees required to be paid by that motor vehicle owner for a period until the motor vehicle becomes capable of being plied.

43. Issuance of duplicate copy of registration certificate: (1) If the registration certificate is lost or illegible because of being torn or defaced or is destroyed in any other manner, the owner of motor vehicle shall have to make an application, in the prescribed format, accompanied by the prescribed fees, to the competent authority no later than fifteen days after the date of such loss, illegibility or destroy. (2) If the contents are found correct upon necessary examination made in relation to the application made pursuant to Sub-section (1), the competent authority shall have to issue a duplicate copy of such a registration certificate to the owner of motor vehicle. (3) The competent authority shall give information of the issuance of a duplicate copy of the registration certificate pursuant to Sub-section (2) to the concerned police office.

44. Details to be submitted: (1) Any firm, company or agent who imports motor vehicles from abroad shall have to submit the details of the model, engine number, chassis number of each motor vehicle, the type of and name of manufacturer of such a motor vehicle, and also indicating which of such motor vehicles has been sold to whom and when and how many of the motor vehicles imported by him or her are in stock, to the competent authority each month.

(2) The competent authority may demand any other necessary details and documents relating to the import and sale and distribution of motor vehicles, in addition to the details set forth in Sub-section (1) from any firm, company or agent who imports motor vehicles from abroad. It shall be the duty of such a firm, company or agent to provide the details and documents so demanded immediately.

Chapter-4 Provisions relating to driving license

Chapter-4 Provisions relating to driving license
45. Prohibition on driving motor vehicle: No person shall drive a motor vehicle without obtaining the driving license.

46. Prohibition on allowing motor vehicle to be driven: No person shall allow a motor vehicle which is in his or her ownership or custody to be driven by a person who has not obtained the driving license.

47. Disqualification for driver: The following persons shall be deemed to be disqualified for obtaining the driving license:
(a) A person who has not attained the age of twenty one years in the case of a heavy motor vehicle;
(b) A person who has not attained the age of eighteen years in the case of a medium and light motor vehicle;
Provided that, a person who has attained the age of sixteen years may obtain the driving license in the case of a motorcycle and similar other two-wheel motor vehicle.
(c) A person who is suffering from epilepsy or insanity or a disease of sudden faintness or loss of consciousness;
(d) A person who, being eyesight weak, uses glasses but despite using glasses is not able to see in a normal manner;
(e) A person who is so deaf as not being able to hear normally a horn signal, noise;
(f) A person who so suffers from sight defect as not being able to distinguish red, green, yellow etc. colors;
(g) A person who is suffering from night blindness; or
(h) A person whose hands and legs are powerless and cannot function.
Provided that, the restriction of this Clause shall not apply to a
motor vehicle manufactured specifically for the disabled.

48. Application for the driving license:

(1) If a person who does not suffer from any disqualification as referred to in Section 47 intends to obtain the
driving license to drive any motor vehicle, the person shall have to make an application in the prescribed format to the competent authority.
(2) The applicant shall have to attach with the application as referred to in Sub-section (1) the fees prescribed for the driving license, a certified copy of the citizenship certificate, three copies of the recently taken passport
size photographs of him or her, medical fitness certificate issued by a doctor recognized by the Government of Nepal after conducting his or her medical test and a copy of the certificate issued by a training institute in relation to
the motor vehicle which he or she intends to drive.

49. Test of applicant:

(1) After an application is made pursuant to Section 48, an examination shall be given to ascertain whether the applicant is able to drive such a motor vehicle and whether he or she has general knowledge as to such a motor vehicle or motor vehicle Act, Rules and traffic signals or not.
The contents of the examination so given and the examination system shall be as prescribed by the Department.
(2) An applicant who fails an examination given pursuant to Sub- section (1) shall not be allowed to make application again pursuant to Section 48 until expiration of three months after the date of completion of that examination.

50. Issuance of the driving license:

(1) The competent authority shall, on the recommendation of the committee, issue the driving license, in the format
referred to in Schedule-5, to the applicant who has taken……… ? and been
successful in the examination given pursuant to Section 49.

(2) In issuing a driving license pursuant to Sub-section (1), it shall clearly indicate the authorization to drive which of the heavy, medium or  light motor vehicles or any or all of them.
(3) Notwithstanding anything contained elsewhere in this Act, the provisions relating to the driving license to be issued to a driver driving a public motor vehicle shall be as prescribed.

51. Probation period to be undergone:

(1) The driving license to be issued pursuant to Section 50 shall be issued under probation initially for a period
of one year.
(2) If a driver does not commit, within the period of probation, more than five infractions of the conditions required to be observed under this Act or the Rules framed hereunder, the competent authority shall, at the request
of such a driver, convert his or her driving license into a permanent one.

52. Recognition of driving license obtained in foreign country: If any person who has obtained a driving license from a foreign country makes an application pursuant to Section 48 to drive a motor vehicle specified in the
license, the competent authority may issue a driving license to such a person, by collecting the prescribed fees for the driving license.
Provided that, such a person shall not be required to take any examination to obtain the driving license.

53. Automatic recognition of international driving license: Any person who has obtained an international driving license shall be entitled to drive within Nepal all the vehicles which are specified in the license.

54. Validity of driving license:

(1) Any person who has obtained a driving license pursuant to Section 50 shall be entitled to drive only such vehicles as are specified in the license.
(2) Subject to Sub-section (1), the driver shall be entitled to drive such vehicles throughout Nepal.
(3) The driving license shall remain valid for a period of five years from the date of its issue.

55. Endorsement of other types of motor vehicles in driving license:

(1) If any driver wishes to get endorsed any other type of vehicle in the driving license, in addition to those already specified therein, he or she shall make an application, accompanied by the prescribed fees, in the prescribed format,
indicating the type of vehicle desired for endorsement, to the competent authority.
(2) If an application is made pursuant to Sub-section (1), the examination committee shall give examination to him or her in accordance with Section 49 in order to ascertain whether the driver can drive the type of
vehicle intended to be endorsed in the driving license.
(3) If the driver becomes successful in the examination given pursuant to Sub-section (2), the competent authority shall endorse the type of vehicle intended for endorsement in his or her driving license and issue a new
driving license to him or her.
(4) In issuing a driving license pursuant to Sub-section (3) ? , it shall be subject to the condition of probation pursuant to Section 51.

56. Renewal of driving license:

(1) A driving license shall have to be renewed within three months from the date of expiration of the period mentioned in the license pursuant to Sub-section (3) of Section 54.
(2) A driver shall have to submit the driving license, accompanied by the prescribed fees, to the competent authority for the renewal of the driving license ⊗ within the period specified in Sub-section (1).
(3) If a driving license is submitted for its renewal pursuant to Sub- section (2), the competent authority shall renew such a driving license for upto another five years.
(4) If a driving license is submitted for its renewal after the expiration of the period as mentioned in Sub-section (1), the driving license shall be renewed upon collecting from the driver additional fees equal to the amount
thereof if the period of such expiration is within one year, two hundred percent of the amount if within two years, three hundred percent if within three years, four hundred percent if within four years and five hundred
percent if within five years, in addition to the renewal fees.

57. Ipso facto revocation of driving license:

(1) A driving license which is not renewed even until the period specified in Sub-section (4) of Section 56 shall
ipso facto be revoked.
(2) A driving license which is canceled pursuant to Sub-section (1) shall be obliterated from the register.
(3) No driving license which has already been obliterated from the register pursuant to Sub-section (2) shall be renewed.

58. Submission of certificate of fitness at the time of renewal: A driver who drives a public motor vehicle shall, at the time of getting the driving license renewed, also submit a certificate of physical fitness issued by a recognized
medical doctor to the competent authority.

59. Information of change, if any, in the address of driver:

(1) If the permanent address of a driver is changed, the diver shall give information thereof to the competent authority within one month thereof.
(2) Upon receipt of the information pursuant to Sub-section (1), the competent authority shall cause to enter also the new address of the driver in the register.

60. Power to suspend driving license: If it is proved that a driver has violated the terms required to be observed by the driver under this Act or the Rules framed hereunder in more than five occasions, the competent authority may
suspend the driving license of such driver for upto six months.

61. Power to revoke driving license:

(1) If any driver is proved to be under any disqualification mentioned in Section 47, the competent authority mayrevoke the driving license of such a driver and order him or her to surrender the license.
(2) A driver shall have to surrender his or her driving license to the competent authority within seven days of the receipt of the order given under Sub-section (1).

62. Issuance of duplicate copy of driving license:

(1) If the driving license is lost or illegible because of being torn or defaced or is destroyed in any other
manner, the driver shall have to make an application, in the prescribed format, accompanied by the prescribed fees, ⊗ to the competent authority for a duplicate copy of the driving license, no later than seven days after the date
of such loss, illegibility or destroy.
(2) If the contents are found correct upon necessary examination made in relation to the application made pursuant to Sub-section (1), the competent authority shall have to issue a duplicate copy of such a driving license to the
driver.
(3) The competent authority shall give information of the issuance of a duplicate copy of the driving license pursuant to Sub-section (2) to the concerned police office.

Chapter-5 Provisions relating to conductor license

Chapter-5 Provisions relating to conductor license
63. Prohibition on working as conductor without obtaining license: No person shall work as a conductor in any public motor vehicle without obtaining a conductor license.

64. Prohibition on engaging as conductor: No owner or manager of a public motor vehicle shall engage any person, who has not obtained a conductor license, as a conductor.

65. Disqualification for conductor: The following person shall be disqualified for obtaining a conductor license:
(a) Who has not attained the age of 18 years;
(b) Who cannot generally read and write;
(c) Who fails to produce a certificate of physical fitness.

66. Application for the conductor license:

(1) If a person who does not suffer from any disqualification as referred to in Section 65 intends to obtain the
conductor license to work as a conductor in a public motor vehicle, the person shall have to make an application in the prescribed format to the competent authority.
(2) The applicant shall have to attach with the application as referred to in Sub-section (1) the fees prescribed for the conductor license, three copies of the recently taken passport size photographs of him or her, a
certified copy of the citizenship certificate, physical fitness certificate issued by a medical doctor recognized by the Government of Nepal.

67. Issuance of conductor license:

(1) Upon receipt of an application made for the conductor license pursuant to Section 66, the competent authority shall hold necessary inquiry into the matter; and, upon such inquiry, if the competent authority finds the information accompanied with the application to be correct, the competent authority shall issue a conductor license to the applicant in the format set forth in Schedule-6. The person who has so obtained the conductor license shall bear the responsibility of properly mobilizing the public motor vehicle involved in the transport service, in
which he or she works.
(2) The conductor license issued pursuant to Sub-section (1) shall remain valid until five years from the date of its issue.

68. Renewal of conductor license:

(1) A conductor license shall have to be renewed within three months from the date of expiration of the period
mentioned in the license pursuant to Sub-section (2) of Section 67.
(2) A conductor shall have to submit the conductor license, accompanied by the prescribed fees, to the competent authority for the renewal of the conductor license within the period specified in Sub-section (1).
(3) If a conductor license is submitted for its renewal pursuant to Sub- section (2), the competent authority shall renew such a conductor license for upto another five years.
(4) If a conductor license is submitted for its renewal after the expiration of the period as mentioned in Sub-section (1), the conductor license shall be renewed upon collecting from the conductor additional fees
equal to the amount thereof if the period of such expiration is within one year, two hundred percent of the amount if within two years, three hundred percent if within three years, four hundred percent if within four years and
five hundred percent if within five years, in addition to the renewal fees.

69. Ipso facto revocation of conductor license:

(1) A conductor license which is not renewed even until the period specified in Sub-section (4) of Section
68 shall ipso facto be revoked.
(2) A conductor license which is revoked pursuant to Sub-section (1) shall be obliterated from the register.
(3) No conductor license which has already been obliterated from the register pursuant to Sub-section (2) shall be renewed.

70. Information of change, if any, in the address of conductor:

(1) If the permanent address of a conductor is changed, the conductor shall give information thereof to the competent authority within one month thereof.
(2) Upon receipt of the information pursuant to Sub-section (1), the competent authority shall cause to enter also the new address of the conductor in the register.

71. Power to suspend conductor license: If it is proved that a conductor has violated the terms required to be observed by the conductor under this Act or the Rules framed hereunder in more than five occasions, the competent
authority may suspend the conductor license of such a conductor for upto six months.

72. Power to revoke conductor license:

(1) If any conductor is proved to be under any disqualification mentioned in Section 65, the competent authority
may revoke the conductor license of such a driver and order him or her to surrender the license.
(2) The driver shall have to surrender his or her driving license to the competent authority within seven days of the receipt of the order given under Sub-section (1).

73. Issuance of duplicate copy of conductor license:

(1) If the conductor license is lost or is destroyed due to any other reason, the conductor shall have to make an application, in the prescribed format, accompanied by the  prescribed fees, ⊗ to the concerned competent authority for a duplicate copy of the conductor license, no later than seven days after the date of such loss  or destroy.
(2) If the contents are found correct upon necessary examination made in relation to the application made pursuant to Sub-section (1), the competent authority shall issue a duplicate copy of such a conductor license to the  conductor.
(3) The competent authority shall give information of the issuance of a duplicate copy of the conductor license pursuant to Sub-section (2) to the concerned police office.

Chapter-6 Transport management

Chapter-6 Transport management
74. Designation of route: The Department shall, whenever deemed necessary,  for the operation of the transport service by public motor vehicles, designate routes and publish a public notice thereof for the information of the general public.

75. Prohibition on operating transport service without obtaining route permit: No public motor vehicle shall operate the transport service on the routes designated pursuant to Section 74 without obtaining the route permit.

76. Application for route permit: If it is necessary for any public motor vehicle to use any route for the operation of transport service, the manager or owner of the motor vehicle shall make an application, in the prescribed format, and accompanied by the prescribed fees, to the competent authority for a route permit.

77. Issuance of route permit:

(1) If an application is made for a route permit pursuant to Section 76, the competent authority shall, subject to the provision of Section 78, issue the route permit in the format referred to in Schedule-7 to use a public motor vehicle on such a route.
(2) The route permit issued pursuant to Sub-section (1) shall remain valid until four months from the date of its issue.

78. Matters to be examined for issuance of route permit: In issuing a route permit to any public motor vehicle pursuant to Section 77, the competent authority shall examine whether the following matters have been satisfied by
the owner or manager of such a public motor vehicle, ? and shall issue the route permit to such a public motor vehicle only if such matters have been satisfied:
(a) Insurance coverage of the driver, conductor, security personnel and other employees engaged in the motor vehicle and third party insurance,
(b) Road test of the motor vehicle, and
(c) Renewal of the registration certificate.

79. In the event of need to change route:

(1) If it is necessary to use a public motor vehicle specified on a route permit on another route prior to the
expiration of the period specified in the route permit, the owner or manager of the motor vehicle shall have to make an application again for the route permit and obtain such a permit pursuant to Section 76.
(2) Upon receipt of an application pursuant to Sub-section (1), the competent authority shall revoke the earlier route permit issued for such a public motor vehicle and issue a new route permit.

80. Power to issue multiple route permit:

(1) Notwithstanding anything contained elsewhere in this Act, the competent authority may, without
affecting the operation of transport service by a public motor vehicle on a route, so issue a route permit authorizing the use of that public motor vehicle also on those routes which are contiguous to that route.
(2) In issuing a multiple route permit authorizing the operation of the transport service on more than one route pursuant to Sub-section (1), the owner or manager of the public motor vehicle shall have to pay the routes
fees chargeable for each of such routes.

81. Ad hoc route permit:

(1) If, for some special reason, it is necessary to ply any public motor vehicle on a route other than that mentioned in the route permit, the owner or manager of such public motor vehicle shall make an application, in the prescribed format, accompanied by the prescribed fees, to the competent authority for an ad hoc route permit.
(2) Upon receipt of an application, the competent authority shall hold necessary inquiry into the matter; and, upon such inquiry, if the competent authority finds the information accompanied with the application to be
correct, the competent authority may issue an ad hoc route permit for a period not exceeding seven days.

82. Power to refuse to grant route permit:

(1) Notwithstanding anything contained elsewhere in this Act, if the competent authority is of the opinion
that no further issuance of a route permit for the operation of another public motor vehicle on a particular route is desirable in view of the pressure of the flow of passengers and the number of public motor vehicles already plying
on that route to operate such transport service or that, in view of pollution or any other reason, any further issuance of route permit for any public motor  vehicle would be prejudicial to public interest, the authority may, in
consultation with the management committee, ⊗ refuse to issue a route permit.
(2) Bearing in mind the safety of public motor vehicles operating the transport service on a medium route and a long route and of the passengers traveling by such vehicles as well as the employees working therein, the
standards of the public motor vehicles providing the transport service on  such routes shall be as prescribed. The competent authority may refuse to issue a route permit to any public motor vehicle which does not meet the
prescribed standards to operate the transport service on such routes.

83. Renewal of route permit:

(1) A route permit shall have to be renewed within fifteen days ? from the date of expiration of the period mentioned in the route permit pursuant to Sub-section (2) of Section 77.
(2) The owner or manager of a motor vehicle or the person assigned by any of them shall, for the purpose of obtaining the renewal of the route permit, submit an application, in the prescribed format, accompanied by the
prescribed fees, to the competent authority.
(3) Where an application for renewal is made pursuant to Sub-section (2), the competent authority shall renew such a route permit for another four months.
(4) If a route permit is submitted for renewal after the expiration of the period as referred to in Sub-section (1), such a route permit shall be renewed within one month of the expiration of that period, upon payment of
one hundred percent additional fees, in addition to the renewal fees, by the owner of the motor vehicle.

84. Ipso facto revocation of route permit:

(1) A route permit which is not renewed even until the period specified in Sub-section (4) of Section 83 shall
ipso facto be revoked.
(2) A route permit which is revoked pursuant to Sub-section (1) shall be obliterated from the register.
(3) No route permit which has already been obliterated from the register pursuant to Sub-section (2) shall be renewed.

85. Power to re-issuance route permit: If a request for a route permit is received in respect of any public motor vehicle, whose route permit has been revoked and obliterated from the register pursuant to Section 84, another
route permit shall be issued for the operation of such a motor vehicle pursuant to Section 77, by collecting the renewal fees and additional fees required to be collected pursuant to Section 83 from the owner or manager of
such a motor vehicle and realizing a fine of upto two thousand rupees from him or her.

86. Power to suspend route permit:

(1) If any public motor vehicle which has obtained a route permit pursuant to this Act is not capable of being plied for  a period of four months or more because of being out of order due to an accident or otherwise, the owner of that motor vehicle shall have to make an application setting out that matter, accompanied by the route permit, to the
competent authority for the suspension of such a route permit.
(2) Upon receipt of an application as referred to in Sub-section (1), the competent authority may, if he or she deems appropriate after making necessary enquiry into the matter, suspend the route permit of such a public
motor vehicle for the period during which such a motor vehicle cannot be plied.
(2A) ⊗ If the public motor vehicles are not operated on the routes specified in the route permits, thereby obstructing the transport service in a manner to cause adverse impacts on the public life, the Government of Nepal
may suspend the route permits of such motor vehicles for a period not exceeding one month.
(3) The renewal fees for the period of suspension of route permit pursuant to Sub-section (2) shall be remitted.

87. Power to revoke route permit: If any public motor vehicle which has obtained a route permit pursuant to this Act is destroyed or becomes so out of order as not being capable of plying, the owner or manager of such a
motor vehicle shall have to make an application, accompanied by an evidence thereof, to the competent authority for the revocation of the validity of route permit.

88. Issuance of duplicate copy of route permit:

(1) If a route permit is lost or illegible because of being torn or defaced or is destroyed in any other
manner, the owner or manager of motor vehicle shall have to make an application, in the prescribed format, accompanied by the prescribed fees, to the competent authority for a duplicate copy of the route permit, no later than seven days after the date of such loss, illegibility or destroy.
(2) If the contents are found correct upon necessary examination made in relation to the application made pursuant to Sub-section (1), the competent authority shall have to issue a duplicate copy of the route permit to the
applicant.
(3) The competent authority shall give information of the issuance of  a duplicate copy of the route permit pursuant to Sub-section (2) to the concerned police office.

89. Requirement of road test:

(1) In order to obtain a route permit for any public motor vehicle, such a motor vehicle shall have to undergo a road test pursuant to this Act.
(2) No route permit shall be issued for a public motor vehicle unless and until the vehicle undergoes the road test pursuant to Sub-section (1).

90. Application for road test: The owner or manager of a public motor vehiclewho intends to obtain the road test of the vehicle shall have to make an application, in the prescribed format, accompanied by the prescribed fees, to
the competent authority for the road test.

91. Road test certificate to be issued:

(1) If an application is made pursuant to Section 90, the competent authority shall cause to conduct the test of such a
public motor vehicle and shall issue the certificate of road test in the prescribed format if the mechanical condition and features of such a motor vehicle is found to be in order.
(2) The validity of the certificate of road test to be issued pursuant to Sub-section (1) shall be for upto six months.

92. Repetition of road test:

(1) An application has to be made to the competent authority for re-road test no later than seven days of the expiration of the period set forth in Sub-section (2) of Section 91, and such road test has to be
obtained.
(2) In the event of the failure to obtain the re-road test within the period set forth in Sub-section (1), and a request for re-road test of such a motor vehicle is made within thirty five days of the expiration of that period,
the re-road test of such a motor vehicle shall be made by collecting cent percent additional fees, in addition to the fees chargeable for the road test.
(3) In the event of the failure to obtain the re-road test even within the period set forth in Sub-section (2), the certificate of such road test shall ipso facto be revoked. If the public motor vehicle of which the certificate of road
test has been so revoked is produced for re-road test, such a motor vehicle shall be tested again and the certificate of road test issued, by realizing a fine of upto Five Thousand Rupees, in addition to the fees referred to in Sub-
section (2), from the manager or owner of that motor vehicle.

93. Listing the name of transport service:

(1) No owner or manager of a public motor vehicle shall use such a motor vehicle in the operation of
transport service without listing the name of transport service with the Department.
(2) The owner or manager of a motor vehicle who intends to list the  name of transport service with the Department shall submit an application, in the prescribed format, accompanied by the prescribed fees, to the
Department for the listing of such a service.
(3) If the Department thinks it appropriate to list the name of such transport service, upon making necessary inquiry into the application made pursuant to Sub-section (2), it shall issue a license, in the format as referred
to in Schedule-8, to the applicant to operate the transport service in that name. If the owner or manager of motor vehicle who has obtained the license to so operate the transport service intends to close down the operation of
such transport service, he or she shall have to obtain prior approval of the Department.
(4) The license issued pursuant to Sub-section (3) shall remain valid for upto five years from the date of its issue.
(5) The provisions relating to the appointment, conditions of service and facilities of the employees serving in the transport service listed pursuant to this Section shall be as prescribed.

94. Renewal of license to operate transport service:

(1) The license issued for the operation of the transport service has to be renewed within three months
from the date of expiration of the period mentioned in Sub-section (4) of Section 93.
(2) The owner or manager of a motor vehicle or a person assigned by them shall have to make an application, in the prescribed format,  accompanied by the prescribed fees, to the Department for the renewal of
license pursuant to Sub-section (1).
(3) If an application is made for renewal pursuant to Sub-section (2), the Department shall renew such license for another five years.
(4) If an application if made for the renewal of license after the expiration of the period as referred to in Sub-section (1), such a license shall be renewed within one month of the expiration of that period, upon payment
of one hundred percent additional fees, in addition to the renewal fees, by the owner or manager of the motor vehicle.

95. Ipso facto revocation of license to operate transport service:

(1) If a license to operate the transport service is not renewed even until the period specified in Sub-section (4) of Section 94, the license shall ipso facto be revoked.
(2) A license that is revoked pursuant to Sub-section (1) shall be obliterated from the register.
(3) No license that has already been obliterated from the register pursuant to Sub-section (2) shall be renewed.

96. Determination of the rate of fares:

(1) The rate of fares to be collected by a passenger and cargo public motor vehicle operating the transport service on
any route shall be as prescribed.
(2) The maximum weight of accompanied personal luggage of a passenger permitted to be carried free of charge and the maximum weight of additional accompanied personal luggage allowed on payment of fares and
the rate of such fares shall be as prescribed.
(3) No one shall collect fares in excess of the rate of fares determined pursuant to this Section.

97. Prohibition on selling passenger tickets by person without displaying identity card: Any person who is engaged in selling passenger tickets of a public motor vehicle shall not sell passenger tickets in the name of a listed
transport service operating such a public motor vehicle without displaying the identity card of employee of such transport service.

98. Form of passenger ticket:

(1) The form of a passenger ticket of a public motor vehicle shall be as prescribed
(2) A person who sells a passenger ticket pursuant to Sub-section (1) shall affix the seal of the concerned transport service on the ticket.

99. Bills with particulars of goods to be given while carrying goods: In carrying any kinds of goods by a cargo public motor vehicle, it shall have to give a bill of goods carriage, along with the particulars of such goods, to the
owner of goods. The form of the bill to be so given shall be as prescribed.

100. Preparation of passenger manifesto: The manager or owner of motor vehicle operating the transport service on any such medium or long route as may be prescribed by the Department shall have to prepare a passenger
manifesto clearly setting out the names, ages and addresses of all passengers, drivers, security personnel travelling by and other employees serving in his or her motor vehicle. The manager or owner shall have to retain a copy of the
passenger manifesto so prepared with him or her and submit another copy to the competent authority or a person designated by that authority prior to the departure of the motor vehicle to the destination.

101. To deliver passengers and cargo safely:

(1) After accepting the passengers and cargo, it shall be the duty of the owner or manager of a public motor
vehicle to provide safety to the passengers and the cargo from the place of origin to that of destination and to deliver them safely within the specified time.
Provided that, the time for arriving at the destination shall not be fixed in such a manner as to cause inconvenience to the passengers.
(2) It shall be a mandatory obligation of the driver, conductor, security personnel and other employees of a public motor vehicle to pay attention to the comfort of passengers and provide safety to the cargo loaded in the motor
vehicle even if the motor vehicle cannot proceed forward due to its break- down or any force majeure cause.
(3) Even if it is not possible to proceed the motor vehicle forward because of the circumstance set forth in Sub-section (2), the owner or  manager of the vehicle shall make an arrangement to deliver the passengers upto the point of destination.

102. Prohibition on taking passengers in excess of seats: It is prohibited to take in passengers in any passenger public motor vehicle in excess of the number of seats specified in the registration certificate of that vehicle.

103. Recess of journey: A passenger public motor vehicle covering a distance of more than four hours shall halt for half an hour once in every four hours.

104. Shift change of driver: In the case of a passenger public motor vehicle
operating the transport service on a long route, it shall be the duty of the
owner or manager of vehicle operating the transport service to assign
compulsorily at least two drivers in the vehicle and assign the duty to them to
drive it in the shift of every six hours. ?

105. Prohibition on traveling without ticket: A passenger may not travel without holding in person a ticket purchased by paying the fare specified for his or her destination of travel.

106. Information of route map and time table to be given: (1) The competent authority shall cause to be displayed or affixed, for information, at each bus stop a route map indicating the destinations of departures and the time table
of arrivals and departures from that bus stop.
(2) In the event of any change on the route, the route map or the time table displayed or affixed pursuant to Sub-section (1), the competent authority or the person assigned by that authority shall make arrangement to
give information thereof to the passengers immediately.

107. Reservation of seats: (1) It shall be the duty of the owner or manager of a passenger heavy motor vehicle operating the transport service on a local  route to reserve four seats for the disabled and two seats for female
passengers in that vehicle.
(2) It shall be the duty of the owner or manager of a passenger motor vehicle operating the transport service on a long route to reserve two seats for members of parliament disabled and two seats for female passengers in
that vehicle.
Provided that, such reserved seats shall be retained only until four hours prior to the time of departure of that motor vehicle.
(3) No ticket purchased by a member of parliament pursuant to Sub- section (2) may be transferred to any other passenger.

108. Security personnel may be deployed: If the owner or manager operating the passenger public transport service on a medium or long route requests the Government of Nepal to make available the security personnel in the motor
vehicle for the safety of the motor vehicle and the passengers or if the Government of Nepal deems necessary to post the governmental security  personnel in that motor vehicle, it may provide a requisite number of security
personnel on payment of chargeable costs.

109. Prohibition on improper behaviour: No one shall improperly behave with any passenger, driver, conductor and security personnel.

110. Prohibition on smoking in public motor vehicles: Smoking is prohibited in the public motor vehicles.

111. Prohibition on talking with driver: No one shall talk with the driver of a public motor vehicle while such a motor vehicle is in motion or do, or cause to be done, any act which may impede the driver in driving the motor
vehicle.

112. Surrender of goods found: Any employee deputed in a public motor vehicle for the time being shall have to surrender any goods found in the motor vehicle to the manager or owner of motor vehicle within twenty four
hours thereof. The manager or owner of motor vehicle shall then surrender such goods found in the motor vehicle to the competent authority or the nearest transport entrepreneurs’ union office within twenty four hours after
he or she has received such goods.

113. Prohibition on refusing to take in passengers: No public motor vehicle, other than a public motor vehicle operating on a medium or long route or providing an express transport service, shall refuse to take in any passenger
while vacancy of seat exists in the motor vehicle.

114. Special power of the Government of Nepal: Notwithstanding anything contained elsewhere in this Act, the Government of Nepal may so order the owner or manager of a public motor vehicle as to engage the motor vehicle
in the operation of transport service in any place for any particular period of time.

Chapter-7 Traffic control

Chapter-7 Traffic control
115. Setting the speed of motor vehicle:

(1) If the Department considers necessary to set the speed of driving motor vehicles at any public place, it
may set such speed and prohibit driving motor vehicle in excess of such speed. No motor vehicle shall be driven in excess of the set speed at the place where such speed has been set.
(2) The Department shall cause to be posted or affixed a notice or sign relating to the set speed at a public place where it is prohibited to drive a motor vehicle in excess of the speed set pursuant to Sub-section (1).
(3) The provisions of Sub-section (1) shall not apply to a fire- fighting motor vehicle, ambulance and a motor vehicle used for the purpose of transporting patients.
Provided that, such a motor vehicle shall use a special type of sound and light in order to alert the pedestrians and other motor vehicles on the road.
116. Weight of motor vehicle: The Department may determine the limit of weight of a motor vehicle in respect of any public place. Where the limit of weight of a motor vehicle is so determined, no one shall drive, or cause to be
driven, the motor vehicle in that public place in excess of the limit of weight so determined.
117. Prescription of number of passengers and quantity of goods to be hold in motor vehicle: (1) The Department shall determine the number of passengers and the weight of goods permissible in a public motor vehicle and
publish a notice to that effect for information of the general public.
(2) A public motor vehicle may not carry persons or goods in excessof such number of persons or weight of goods as may be specified pursuant to Sub-section (1).
118. Power to impose restriction on driving motor vehicle: Notwithstanding anything contained elsewhere in this Act, the Department may impose restriction on driving any motor vehicle in any public place having regard to
public security and welfare of the general public. Where restriction is so imposed, the Department shall cause to be posted, displayed or affixed a notice thereof at that place.
119. Posting, displaying or affixing traffic signs: (1) The Department shall cause to be posted, displayed or affixed the necessary traffic signs of color, size and model conforming to international practice at such public places as
it may consider necessary.
(2) No one except the Department or a person deputed by the Department shall remove, replace, alter, erase, tear or deface the traffic signs which are posted, displayed or affixed pursuant to Sub-section (1).
120. Observation of traffic signs: (1) A driver shall, while driving a motor vehicle, observe the traffic signs.
(2) The traffic signs required to be observed by a driver shall be as prescribed.
121. Parking place and bus stand to be determined: The competent authority shall, in consultation with the officials of local bodies at the village,municipal and district levels, determine parking places and bus stands,
without causing adverse effects on traffic on the main roads.
122. Parking of motor vehicle dangerously: (1) A motor vehicle must not be parked in a public place in such a manner as to cause danger, obstruction or inconvenience to any other motor vehicle or person.
(2) If a motor vehicle breaks down during the motion and such a motor vehicle cannot be taken to other place immediately, the vehicle must be stationed on the left hand side of the road in order to avoid any accident
and must be guarded by a red lamp or reflector so that it can be visible from distance at night by other motor vehicles.
123. Prohibition on keeping passengers in other part of motor vehicle: A driver or owner or manager of motor vehicle may not drive, or cause to be driven, a motor vehicle by keeping passengers in other parts of the motor
vehicle except on the seats built for passengers, in the case of a motor vehicle plying on a long and medium route and by keeping passengers in other parts except on the seats built for passengers and inner parts, in the
case of a motor vehicle plying on a local route.
124. Prohibition on activity causing obstruction to driver: No one shall obstruct the driver by placing goods or standing beside the driver cabin in such a manner as to directly or indirectly affect the driver or behaving in any
other manner causing obstruction to the driver.
125. Prohibition on causing obstruction to traffic: No goods or motor vehicles shall be kept or stationed in any public place in such a manner as to cause obstruction to the traffic of human beings or motor vehicles.
Provided that, if owing to a special circumstance, it is necessary to keep any goods at a public place for some time, an intimation thereof must  be given to the nearest police office and approval of that office must be obtained.
126. Warning signs to be placed while digging pit at public place: (1) While digging a pit at a public place for a specific reason, a prior approval of the nearest police office must be obtained.
(2) While granting approval to dig a pit at any public place pursuant to Sub-section (1), the nearest police office shall cause warning signs to be so placed as to avoid an accident at that place.
127. Warning signs required to be placed on motor vehicle: Warning signs must be placed visibly on a cargo public motor vehicle that is engaged in the carriage of hazardous cargo of any kind in such a manner that other motor
vehicles and the general public come to know that the motor vehicle contains such goods.
128. Prohibition on route diversion of motor vehicle and taking passenger hostage: (1) No one shall intimidate, show fear or use any kind of force, or cause to do so, to the driver, while driving a motor vehicle on the scheduled
route, to divert the motor vehicle to another route.
(2) No one shall take any person travelling in a motor vehicle as hostage and make any kind of demand for the release of such a motor vehicle or the person held as hostage.
129. Prohibition to causing loss and damage to passenger and motor vehicle involved in accident: No one shall manhandle any passenger and any person serving in a motor vehicle who are injured or dead in an accident occurred to the motor vehicle or misappropriate or snatch away their belongings or to cause any loss or damage to them by any means.
130. Use of seat-belt and helmet during driving:

(1) While driving a motor vehicle as prescribed, the driver and a person seated on the front seat of the
motor vehicle shall use the seat-belt.
(2) While driving a motor-cycle or similar other two wheeled motor vehicle, the driver and the pillion rider shall use helmets.
131. Showing document as and when so demanded: (1) A driver shall show the driving license if the police or transport inspector wishes to examine it in the course of inquiry.
(2) If the police or transport inspector wishes to examine the registration certificate of a motor vehicle or route permit of a public motor  vehicle in course of inquiry, the driver of the motor vehicle, owner or
manager of motor vehicle shall show the registration certificate or route permit.
132. Stoppage of vehicle: A driver shall stop the motor vehicle which he or she is driving and shall keep it stand-still for an appropriate period as may be necessary if:
(a) the police or transport inspector gives a signal or order to stop the motor vehicle;
(b) a person that is in charge of an animal for the time being gives a signal or makes a request to stop the motor vehicle owing to the possibility that the animal may be shocked or frightened and thereby
become out of control;
(c) an accident has occurred to a motor vehicle, causing loss of life of any human being or animal or of property; or
(d) pedestrians are crossing the road at zebra-crossing or traffic lights at the inter-section of two or four cross roads are signaling to stop.
133. Duty of driver in case of accident: (1) If an accident is caused by a motor vehicle, causing any danger to the body of or injury to a person, the driver, conductor, security personnel of, or other employee working in, the motor
vehicle shall immediately make necessary arrangement for the treatment of that person.
(2) In the event of the absence of police personnel at the place where the motor vehicle has met accident as mentioned in Sub-section (1), the  driver shall immediately report to the nearest police office, with information
and particulars of the accident. If any police personnel enquire the concerned driver of any matter connected with the accident, the driver shall answer all matters asked.
134. Inspection of motor vehicle involved in accident: If, for the purpose of inquiry into an accident, the concerned police thinks it necessary to inspect a motor vehicle that has caused, or has been involved in, the accident, the
police may make such inspection by requiring the production of the motor  vehicle before him or her or by visiting the place where the motor vehicle is present.
135. Driving motor vehicle on left-side: (1) While driving a motor vehicle at any public place, the driver shall keep driving on the left side of the road in any place other than the prescribed place.
(2) If it is required to overtake a motor vehicle plying at the front, the motor vehicle at the rear must give a signal and overtake from the right side only after the driver of that motor vehicle has signaled to overtake. If the
motor vehicle at the rear gives such a signal to overtake, the motor vehicle at the front must, having regard to the prevailing conditions, give a signal to overtake it.
136. Walking on the pavement: A pedestrian shall walk only on the pavement of a road wherever it exists. While walking on a road that does not have such pavement, a pedestrian shall walk keeping himself or herself at the edge of
the road.
137. Crossing road at designated places: While crossing a road, a pedestrian shall do so only at the zebra-crossing, sub-way, overhead bridge or at the places designated for road-crossing.
138. Prohibition on straying of domestic animal: No one shall stray a domestic animal at a public place in such a way as to cause obstruction to the traffic of motor vehicles or human beings.
139. Information to be given: (1) The owner of a motor vehicle shall provideany such information as may be demanded by the competent authority, transport inspector or police in respect of that motor vehicle.
(2) If the information demanded pursuant to Sub-section (1) relates to a public motor vehicle or its driver, conductor, security personnel or any employee working in that motor vehicle, the owner or manager of that motor
vehicle shall give the information so demanded to the competent authority,
transport inspector or police.
140. Mobile inspector: (1) The police or transport inspector may, as and when necessary, carry out mobile inspection in order to inspect whether the provisions of this Act or the Rules framed hereunder are being observed or
not.
(2) If, in carrying out a mobile inspection pursuant to Sub-section (1), the police or transport inspector observes that any act as set forth in Section 164 is being committed, the police or transport inspector may immediately
punish the person who commits such act with the punishment set forth in that Section.
141. Prohibition on transferring driving license by driver to other person: No driver shall transfer his or her driving license to another person for driving a motor vehicle.
142. Prohibition on consuming liquor or other narcotic Substance: No driver shall consume any liquor or narcotic substance of any kind while driving a motor vehicle.
143. To turn on light while driving motor vehicle at night: While driving a motor vehicle at night or during fogs, the light of the vehicle must be turned on.
144. Prohibition on driving motor vehicle in bad condition: A motor vehicle whose condition is not good because of any of its spare parts being out of order must not be driven.

145. Rendering necessary assistance: A motor vehicle must render necessary assistance to any motor vehicle involved in an accident or the passengers remaining in that motor vehicle.

146. Publicity to be made or cause to be made: The Department shall make necessary arrangements from time to time for broadcasting programs relating to traffic signs through various means of communication for the purpose of
giving information of traffic signs to the general public in order to prevent motor vehicle accidents.

147. Prohibition on driving motor vehicle recklessly: No driver shall drive a motor vehicle recklessly.

Chapter-8   Provisions relating to insurance

Chapter-8   Provisions relating to insurance
148. Insurance of motor vehicle to be made:

(1) The owner or manager of a motor vehicle shall procure such insurance of each motor vehicle as may be
prescribed.
(2) The registration certificate of a motor vehicle which has not been insured pursuant to Sub-section (1) must not be renewed, and if that motor  vehicle is a public motor vehicle, that motor vehicle must not be enlisted for
the operation of the transport service and the route permit must not be issued.

149. Insurance of driver, conductor, security personnel and other employee:
(1) The owner or manager of a motor vehicle shall procure personal accident insurance in such a sum as prescribed in favor of the driver, conductor and security personnel of, and other employees serving in, each public motor
vehicle that is involved in operation of the transport service.
(2) If a driver, conductor, security personnel or other employee dies or becomes disabled in an accident of the motor vehicle, he or she himself or his or her nearest successor is entitled to the insured amount payable for that.
(3) If, in the course of operating the transport service without procuring insurance of the driver, conductor and security personnel pursuant to Sub-section (1), a public motor vehicle meets with an accident and any
kind of loss or damage is caused to them due to the accident, the owner or manager of the motor vehicle shall pay the insurance amount as set forth in Sub-section (1) to which they are entitled to them or their successors as
compensation.

150. Insurance of passenger:

(1) The owner or manager of a motor vehicle operating the transport service on any prescribed route shall procure personal accident insurance in such amount as may be prescribed in favor of each passenger travelling in that motor vehicle.
(2) If a passenger becomes disabled in a motor vehicle accident, the passenger is entitled to the amount of accident insurance payable for the disability, and if the passenger dies in the accident, his or her nearest successor is entitled to such amount of insurance as may be payable for the same.
(3) If, in the course of operating the transport service without procuring insurance of a passenger pursuant to Sub-section (1), a public motor vehicle meets with an accident, and any kind of loss or damage is
caused to the passenger travelling by the motor vehicle due to the accident, the owner or manager of the motor vehicle shall pay the insurance amount as set forth in Sub-section (1) to which the passenger is entitled to the passenger or his or her successor as compensation.
151. Insurance of passenger luggage:

(1) The owner or manager of motor vehicle operating the transport service on any specified route shall have to
procure the insurance of passenger luggage of each passenger traveling by the motor vehicle in such amount as may be prescribed.
(2)The owner or manager of motor vehicle shall not be liable to any amount of compensation claimed in excess of the amount of insurance procured pursuant to Sub-section (1) in the event of loss or destroy of such
luggage due to any cause irrespective of the actual value of the luggage.
(3) If in operating the transport service by any public motor vehicle without procuring the insurance of passenger luggage pursuant to Sub- section (1), the owner or manager of motor vehicle shall pay the insurance
amount as set forth in Sub-section (1), the owner or manager of motor vehicle shall pay the insurance amount as set forth in Sub-section (1) to which the passenger is entitled in the event of loss or destroy of any passenger luggage to the passenger or his or her successor as compensation.

152. Third party insurance:

(1) The owner or manager of a motor vehicle shall procure a third party insurance of such amount as may be prescribed for the purpose of providing compensation against a loss, if any, caused to a third party or any property belonging to the third party in any manner due to the motor vehicle accident.
(2) If a motor vehicle accident results in a loss to a third party or any property belonging to the third party, the third party or his or her successor is entitled to the amount referred to in Sub-section (1) for compensation against
the loss.
(3) If a motor vehicle plied without procuring the third party insurance or comprehensive insurance pursuant to Sub-section (1) meets with an accident thereby resulting in a loss or damage to any third party or his or her
property, the owner or manager of motor vehicle shall pay the insurance  amount as set forth in Sub-section (1) to which the third party or his or her successor is entitled for such a loss or damage to him or her or his or her
successor as compensation.

Chapter-9 Functions, duties and powers

Chapter-9 Functions, duties and powers
153. Functions, duties and powers of Department: The functions, duties and powers of the Department shall be as follows:
(a) To determine policies as required on operation of the transport service upon conducting, or causing to be conducted, study and research works on financial and technical aspects thereof, for operation of the
transport service in an organized and effective manner;
(b) To give necessary direction to the persons, firms, companies or organizations related with the transport service for the systematic management and development of transport;
(c) To prescribe the priority of the carriage of goods as per necessity, and give necessary direction to the persons, firms, companies or organizations related with the transport service for the carriage of goods in accordance with that priority;
(d) To determine routes, as per necessity, for the operation of the transport service, having regard to the pressure of passengers and determine the fares of public motor vehicles plying on the routes;
(e) To make arrangements for installing traffic signals at public places in accordance with international practices;
(f) To determine speed and weight of a motor vehicle and the number of passengers to be seated in a motor vehicle;
(g) To prepare and determine necessary criteria of tests to be conducted on mechanical condition and status of motor vehicles;
(h) To prescribe subjects and methods of examination to be given to drivers; and (i) To perform such other functions as may be necessary for the consolidation of the transport service.

154. Transport management committee: There shall be formed a transport management committee consisting of the following members in order to systematically operate the public motor vehicles plying in each area:
(a) Chief District Officer (of the district where the Transport Management Office is located) -Chairperson
(b) Chief, District Police Office – Member
(c) One representative of transport entrepreneurs -Member
(d) One representative of transport labors -Member
(e) Chief, Transport Management Office -Member secretary

155. Functions, duties and powers of transport management committee: The functions, duties and powers of the transport management committee shall be as follows:
(a) To engage public motor vehicles in operating the transport service in order to operate the transport service within its area in an uninterrupted manner;
(b) In the event of necessity, to fix a route for a certain period at a place where a route is not fixed within its area for the operation of the transport service on that route, to fix a temporary route and make a recommendation to the Department for the fixation of fares of the public motor vehicles plying on that route;
(c) To inspect, or cause to be inspected, whether the public motor vehicles are operating the transport service within its area upon obtaining the route permit and have renewed the permit from time to time;
(d) To inspect, or cause to be inspected, from time to time, whether the  public motor vehicles plying within its area have undergone the road tests from time to time and whether they have provided the regular
transport service subject to this Act or the Rules framed hereunder;
(e) To conduct study on matters including the pressure of passengers and the number of motor vehicles within its area, and if it appears necessary to operate the transport service at any place, to make
recommendation to the Department for the determination of a route at that place; and
(f) To perform such other functions as may be necessary for the smooth operation of transport service within its area.

156. Examination committee:

(1) There shall be formed an examination committee consisting of the following members to give examination
pursuant to Section 49, in order to ascertain whether a person who makes an application for the driving license has the ability to drive the motor vehicle.
(a) Chief, Transport Management Office -Chairperson
(b) A police officer designated by the Government of Nepal -Member
(c) An expert designated by the Government of Nepal -Member
(2) The committee referred to in Sub-section (1) shall give examination to the persons who make application for the driving license and recommend the successful candidates to the competent authority for issuing the driving license.
(3) The committee referred to in Sub-section (1) shall hold its meetings as and when necessary as determined by the committee.
(4) The subjects and methods of examination of drivers to be given by the committee referred to in Sub-section (1) shall be as prescribed by the Department.

157. Appointment of transport inspector: The Government of Nepal may appoint a transport inspector to inspect whether the motor vehicles are being driven subject to the provisions of this Act or the Rules framed hereunder
and whether the public motor vehicles that are engaged in the transport service have fulfilled such terms as required to be fulfilled under this Act or the Rules framed hereunder.

158. Functions, duties and powers of transport inspector: The functions, duties and powers of the transport inspector shall be as follows:
(a) To inspect whether or not a public motor vehicle that is engaged in the transport service is operating the transport service on the route for which it has obtained the route permit;
(b) To inspect whether or not a public motor vehicle that is engaged in the transport service loads passengers and goods subject to the determined seats and weight capacity;
(c) To check whether or not a motor vehicle that is engaged in the transport service has undergone such road test from time to time as required to be undergone pursuant to this Act and whether the transport service so operated is listed;
(d) To check the driving license, conductor license and passenger manifesto and verify the fares charged to the passengers against the passenger tickets in order to check whether or not the fares are collected according to the prescribed fares, and to inspect whether or  not the motor vehicles are driven at the determined speed; and
(e) To inspect, from time to time, whether the drivers, conductors, owners or managers of motor vehicles have complied with the provisions of this Act or the Rules framed hereunder.

159. License to be obtained to operate training center, factory and workshop:
(1) A person, firm, company or organization intending to run a training activity for driving any kind of motor vehicle or to operate a driving training center or a factory for construction of bodies of buses or trucks or an
automobile workshop shall obtain a license from the Department.
(2) A person intending to obtain the license as referred to in Sub- section (1) shall make an application in such form and accompanied by such fees as may be prescribed to the Department.
(3) If an application is made pursuant to Sub-section (2), the  Department may, upon inquiring into whether or not the person, firm, company or organization who has made the application is capable of operating the training center, factory or workshop intended to be so operated, issue the license for the operation of that training center, factory or workshop, as the case may be.

Chapter – 10 Provisions relating to punishment

Chapter – 10 Provisions relating to punishment
160. Punishment:

(1) The competent authority shall punish a person who drives or causes another person to drive a motor vehicle displaying a number or number plate other than the actual number or number-plate as indicated in
the registration certificate with imprisonment for a term not exceeding Six months or with a fine from Five Thousand to Fifteen Thousand Rupees, along with the confiscation of that motor vehicle.
(2) The competent authority may punish a person who commits, or causes the commission of, the following act with the following fine:
(a) A fine from Five Hundred to Two Thousand Rupees, in the case of a person who commits, or causes the
commission of, an act in contravention of Sections 12 , 45 or 117.
(b) A fine from One Thousand to Five Thousand Rupees, in the case of a person who commits, or causes the
commission of, an act in contravention of Sections 14 , 29, 39, 75, 93, 96, 125 or 129.
(c) A fine from Two Thousand to Ten Thousand Rupees, in the case of a person who commits, or causes the
commission of, an act in contravention of Section 159.
(3) The competent authority may punish a person who commits, or causes the commission of, an act in contravention of this Act or the Rules made or orders issued hereunder, except as provided in Sub-section (1) or
(2), with a fine from Two Hundred to One Thousand Rupees.
(4) The court may sentence a person who commits, or causes the commission of, an act in contravention of Section 128 to punishment of a fine not exceeding Twenty Five Thousand Rupees or imprisonment for a
term not exceeding Five years or both punishments and order the payment of appropriate compensation by that offender to the person who has suffered loss and damage.
(5) The court may sentence a person who commits, or causes the commission of, an act in contravention of Section 165 to punishment of a fine of One Thousand Rupees or imprisonment for a term not exceeding One
year or both punishments and order the payment of appropriate compensation by that offender to the person who has suffered loss and damage.
161. ? Punishment in the event of death: (1) If a person driving a motor vehicle runs over or knocks down any person or causes a motor vehicle accident in any manner and that person who is inside the motor vehicle or in any place
outside the motor vehicle dies immediately or within the period set forth in the Chapter on Homicide of the General Code (Muluki Ain) as a result of that accident, and if such act is committed with intention to kill that person, the
person driving the motor vehicle shall be punished with a sentence of life- imprisonment along with confiscation of his or her entire property. If, despite the commission of such act with intention to kill, the victim survives death,
the person driving the motor vehicle shall be punished with imprisonment for a term from Five years to Twelve years, according to the gravity of offence.
(2) If a person driving a motor vehicle runs over or knocks down any person or causes a motor vehicle accident in any manner and that person who is inside the motor vehicle or in any place outside the motor vehicle dies
immediately or within the period set forth in the Chapter on Homicide of the General Code (Muluki Ain) as a result of that accident, and despite that such act has not been committed with intention to kill that person, the fact that
motor vehicle accident has taken place due to the fact that the person has driven the motor vehicle knowingly or recklessly that such a driving of motor vehicle is likely to result in the death of any person, the person driving
the motor vehicle shall be punished with imprisonment for term of Two years to Ten years, according to the gravity of offence.
(3) If a person while driving a motor vehicle in a circumstance where it does not appear likely to result in the death of any one meets with an accident resulting in the death of a person who is inside the motor vehicle or
in any place outside the motor vehicle, the person driving the motor vehicle shall be punished with imprisonment for term not exceeding One year or a fine not exceeding Two Thousand Rupees or with both punishments.
(4) If a person who does not hold the driving license drives a motor vehicle and thereby commits any offence referred to in Sub-section (1) or (2), that person shall be punished with an additional fine of Two Thousand
Rupees, in addition to the punishment to which that person is liable under that Sub-section.
Provided that, the additional fine shall not be imposed if the offence is punishable with life imprisonment, along with confiscation of property.
(5) If the owner of a motor vehicle or a person in charge of a motor vehicle permits the motor vehicle to be driven by a person who does not hold the driving license and the motor vehicle runs over or hits a person or meets
with an accident and consequently that person dies, the person who so permits that motor vehicle to be driven shall be punished with imprisonment for a term not exceeding Two years.
162. ? Punishment in the event of disablement: (1) If a motor vehicle driven by a person runs over or hits a person or meets with an accident and a person who is inside the motor vehicle or in any place outside the motor vehicle
becomes disabled as a result of that accident and such act is committed with mala fide intention, the person so driving the motor vehicle shall be punished with imprisonment for a term not exceeding Eight years and with a fine not exceeding Ten Thousand Rupees if such disablement is either blindness or impotency. In the event of disability of any organ other that these two deformities, the offender shall be punished with imprisonment for a tern not
exceeding Eight years and with a fine not exceeding Five Thousand Rupees; and in the event of disability of only one organ out of the two existing organs having similar functions in the body, half the punishment referred to in
above shall be imposed. If such defectiveness becomes cured and functional, the person so driving the motor vehicle shall be punished with a fine of Five Thousand Rupees.
(2) If a person who does not hold the driving license drives a motor vehicle and thereby commits any offence referred to in Sub-section (1), that person shall be punished with an additional fine of Five Thousand Rupees, in
addition to the punishment to which that person is liable under that Sub- section.
(3) If the owner of a motor vehicle or a person in charge of a motor vehicle permits the motor vehicle to be driven by a person who does not hold the driving license and the motor vehicle runs over or hits a person or meets
with an accident and consequently a person who is inside the motor vehicle or in any place outside the motor vehicle becomes disabled, the person who so permits that motor vehicle to be driven shall be punished with a fine of
Two Thousand Rupees.
163. Payment of medical expenses, obsequies expenses and compensation: (1) If any kind of loss or damage is caused to any party by a motor vehicle accident, the following amount shall be caused to be paid as medical
expenses and compensation by the driver or owner or manager of the motor vehicle to the victim:
(a) In the case of death, Ten Thousand Rupees as obsequies expenses and an amount equivalent to personal
accidents insurance to which the third party is entitled pursuant to this Act if no third party insurance has been
procured, as compensation to the successor of the deceased;
(b) In the case of disablement which is not functional despite being cured, an amount equivalent to personal
accidents insurance to which the third party is entitled pursuant to this Act for disablement if no third party
insurance has been procured for compensation against the disablement, and Five Thousand Rupees as medical
expenses if such organ is functional.
(2) The Chief District Officer ? shall immediately cause the amount of obsequies expenses and compensation to be paid to the successor of the deceased in the event of death of that person in a motor vehicle accident and
the amount of medical expenses to be paid to the person who sustains disablement in the accident by the driver, owner or manager of the motor vehicle pursuant to Sub-section (1).
(3) If, expect as provided in Sub-section (1), a driver drives a motor vehicle in contravention of this Act or the Rules framed or orders issued hereunder and the motor vehicle meets with an accident resulting injury to
any person, the Chief District Officer ? shall immediately cause the driver, owner or manager of the motor vehicle to pay a sum of Two Thousand Rupees, as medical expenses, to that person, having regard to the existing
condition of injury. If the person so injured becomes entitled to compensation of a larger amount subsequently, that person shall be paid only the residual amount after deducting the medical expenses so paid earlier.
(4) Notwithstanding anything contained above in this Section, the driver shall not be required to pay more than five percent of the total amount of medical expenses, obsequies expenses and compensation payable under
this Section.

(5) If the driver is required to pay the amount of medical exp enses, obsequies expenses and compensation required to be paid pursuant to Sub section (1) or (2) but the driver is unable to make such payment and such
amount is not recovered even from the attachment of his or her property made in accordance with the laws in force, the amount which is not so recoverable shall be recovered from the fine realized from him or her.
(6) ⊗ Payment of insurance amount for compensation to be borne by an insurance company in accordance with the provisions set forth in this Section shall be caused to be made as soon as possible.
164. Power to transport inspector or police to impose fine on the spot: (1) Notwithstanding anything contained elsewhere in this Act, the transport inspector or a police officer not lower than the rank of sub-inspector of
police may punish on the spot a person who commits the following offence for the first instance with a fine of Twenty Five Rupees to Fifty Rupees, a person who commits the following offence for the second instance with a
fine of Fifty Rupees to One Hundred Rupees and a person who commits the following offence for the third instance or more with a fine of One Hundred Rupees to two hundred rupees:
(a) Driving a motor vehicle contravening the traffic signs or  signals;
(b) Standing a motor vehicle at such place or time as may be prohibited for such standing;
(c) Turning a motor vehicle or using sound-signal at a place
where such turning or sound-signal is prohibited;
(d) Driving a motor vehicle on the wrong side of a road;
(e) Driving a motor vehicle from the opposite side on a one-way road;
(f) Driving a motor vehicle of unworthy condition;
(g) Driving a motor vehicle in excess of the determined speed;
(h) Driving a motor vehicle at night without turning lights on;
(i) Driving a motor vehicle after consumption of liquors;
(j) Parking a motor vehicle at a public place in such a way as to cause obstruction to others;
(k) Driving a motor vehicle at a place or hour prohibited for such driving;
(l) Driving a motor vehicle without a number-plate;
(m) Driving a motor vehicle of which weight is more than the determined weight at a place for which the limit of
weight of a motor vehicle is determined;
(n) Driving a motor vehicle without fastening the seat-belt or without using the helmet;
(o) In the event of determination of the number of people to be seated or kept in or the weight of goods to be loaded
in a motor vehicle, driving a motor vehicle carrying passengers or goods exceeding such determined number
or weight;
(p) Refusing to accept a passenger by the driver of a public motor vehicle;
(q) Driving a motor vehicle by charging fares at a rate exceeding the fixed rate of fares;
(r) Driving a motor vehicle recklessly;
(s) Driving a public motor vehicle without obtaining the route permit; or
(t) Driving a motor vehicle without possessing the driving license.
(2) If any person is unable to pay the amount of fine imposed on the spot by the transport inspector or police pursuant to Sub-section (1), the transport inspector or police shall give a traffic-ticket to that person,
requiring him or her to pay such amount to the concerned police office or competent authority within a period of Twenty Four hours.
(3) Notwithstanding anything contained in Sub-section (1), even though a police officer not lower than the rank of sub-inspector of police is not present for the time being on the spot to punish a person at a time when
that person commits an offence as referred to in Sub-section (1), any police personnel present on the spot shall give a traffic-ticket to the offender of that offence specifying the kind of offence committed by him or her and
requiring him or her to pay the amount of fine imposable on him or her for that offence to the concerned police office within a period of twenty four hours.
(4) While issuing a traffic-ticket referred to in Sub-section (2) or (3), the recipient of the traffic-ticket shall also be caused to sign its duplicate copy.
(5) If the concerned person fails to pay the amount of fine to the competent authority or the concerned police office within the period referred to in Sub-section (2) or (3), the competent authority may punish that person
with a fine not exceeding one thousand rupees and suspend the driving license if that person is a driver or the route permit if that person is the owner or manager of a motor vehicle or the license obtained by them to operate the
transport service for a period not exceeding one month. ? (6) ⊗ In the event of failure to pay the amount of fine even within the period of suspension made pursuant to Sub-section (5), the competent authority may revoke that driving license, route permit or license obtained to operate the transport service, as the case may be.

Chapter-11 Miscellaneous

Chapter-11 Miscellaneous
165. Prohibition on causing loss or damage: No one shall commit, or cause the commission of, any act of physical assault upon the driver, conductor, security personnel, other employee and passenger of a motor vehicle, holding
up, destructing the motor vehicle or otherwise causing any loss or damage to the motor vehicle or to any person travelling or goods loaded in the motor vehicle.

166. Payment required to be made by owner or manager of motor vehicle:
Except where a driver has contravened the provisions of this Act or the Rules framed or orders issued hereunder recklessly or with mala-fide intention, the owner or manager of motor vehicle concerned shall make payment of such
amount of fine, medical expenses, obsequies expenses or compensation as required to be paid by the driver pursuant to this Act.

167. Exemption from punishment: In a case where any loss or damage is caused by an accident that is resulted from a circumstance beyond the control of the driver of a motor vehicle on any conditions other those set forth in Sections
161 and 162, the driver of that motor vehicle shall not be subject to any punishment.

168. Operation of transport service in competitive manner: ? Notwithstanding anything contained elsewhere in this Act, no license shall be so issued as to allow the operation of transport service by public motor vehicles under the
queue system, for the purpose of developing the transport business in a healthy competitive manner.

169. Power to give direction: The Government of Nepal, Department or Proviso has been deleted by Public Procurement Act, 2049.  competent authority may give necessary direction to transport entrepreneurs
to make the transportation business effective and to make the transport service simple and easily available. It shall be the duty of the transport entrepreneurs to abide by the direction so given.

170. Delegation of authority: The Department or competent authority may, as  required, delegate any or all of the powers conferred to the Department or competent authority under this Act to any committee, official, transport
inspector or police.

171. Appeal:

(1) An appeal may be made in the Department against a decision or order of punishment made by the competent authority, police or transport inspector in accordance with this Act.
(2) An appeal may be made in the Court of Appeal against a decision or order made by the Department in accordance with this Act.

172. ? Limitation for filing complaint and period for making appeal:

(1) A complaint must be made in relation to an offense under Section 161 within the period set forth in the Chapter on Homicide of the General Code (Muluki Ain), in relation to an offense under Section 162 within the period set forth in the Chapter on Battery of the General Code (Muluki Ain) and in relation to the other offenses under this Act within thirty days after the date of commission thereof.
(2) An appeal must be made in relation to the offenses under this Act, other than the offenses under Sections 161 and 162, within a period of thirty five days after the date of receipt of information of the decision or order.

173. Duty to render assistance: If the competent authority or transport inspector seeks any kind of assistance in the course of implementation of this Act or the Rules made or orders issued hereunder, it shall be the duty of all the
concerned including the police to render such assistance.

174. Observation of Act by driver of other motor vehicle: If it is not required by this Act to obtain a driving license to drive any motor vehicle or any motor vehicle which need not to be registered pursuant to this Act, the driver
of such a motor vehicle shall observe the traffic signs as established by this Act or the Rules framed or orders made hereunder.

175. Saving of act done in good faith: The competent authority or the committee, official, transport inspector, police employee or other concerned employee whom the authority has delegated powers to shall not be
personally liable for any act done by him/her if it is done in good faith while carrying out own duties.

176. Special powers: Notwithstanding anything contained elsewhere in this Act, the Government of Nepal may exempt the application of any provision of this Act in respect of any vehicle for the prescribed period.

176A. ⊗ Government to be the Plaintiff: A case falling under Sections 161 and 162 shall be a Government case and the case shall be deemed to be included in Schedule-1 of the State Cases Act, 1991.

177. Power to remove difficulty: If there arises a difficulty in the course of implementation of this Act, the Government of Nepal may remove the difficulty by issuing an order upon a notification in the Nepal Gazette.

178. Power to make alteration in Schedules: The Government of Nepal may, by a notification in the Nepal Gazette, make necessary alteration in the Schedules.

179. Power to frame Rules: The Government of Nepal may frame necessary Rules for the accomplishment of the objects of this Act.

180. Repeal and saving:

(1) The following Acts are hereby repealed:
(a) The Motor Vehicles Act, 1963.
(b) The National Transport Management Act, 1969.
(2) All acts or actions done or taken pursuant to the Acts referred to in
Sub-section (1) shall be deemed to have been done or taken under this Act.

Schedule-1

Schedule-1
(Relating to Sections 3, 4 and 5)
Classification of Motor Vehicles
Clause (a):
Heavy motor vehicles (relating to Section 3):
Bus, truck, tractor, fire brigade, dozer, loader, dumper, crane, roller, etc.
Clause (b):
Medium motor vehicles (relating to Section 4):
Minibus, mini-truck, jeep, pick-up, van, crane, tractor, roller, etc.
Clause (c):
Light motor vehicles (relating to Section 5):
Car, jeep, van, pick-up, motor cycle, scooter, tempo, power tiller, etc.

Schedule-2 

Schedule-2
(Relating to Sections 6, 7, 8, 9, 10 and11)
Number Plate of Motor Vehicle
Clause (a):
Public motor vehicle (relating to Sub-section (5) of Section 6):
It must be in white figures and letters on a black plate.
Provided that, from now-onwards, the number plate of a tempo and
micro-bus registered with the Bagmati Zone and to be plied within and
outside the ring road of the Kathmandu Valley must be in black figures and
letters on a white plate. 2
Clause (b):
Tourist motor vehicle (relating to Sub-section (2) of Section 7):
It must be in white figures and letters on a green plate.
Clause (c):
Private motor vehicle (relating to Sub-section (3) of Section 8):
It must be in white figures and letters on a red plate.
Clause (d):
Government motor vehicle (relating to Sub-section (2) of Section 9):
It must be in red figures and letters on a white plate.
Clause (e):
Motor vehicle of a body corporate or corporation (relating to Sub-section (2)
of Section 10):
It must be in green figures and letters on a yellow plate.
1 The Schedule itself altered by the notice published in the Nepal Gazette dated 20 September 1999.
2 The proviso inserted by the notice published in the Nepal Gazette dated 19 October 2000.
70 Clause (f):
Diplomatic motor vehicle (relating to Sub-section (2) of Section 11):
It must be in white figures and letters on a blue plate.
Note:
1. The upper and lower half part of the number plate of motor vehicle carrying
the Prime Minister, Chief Justice, Speaker of the House of Representatives,
Chairperson of the National Assembly or member of the Council of
Ministers must be in white figures and letters on the blue background.
2. The size of a number plate of every kind of heavy or medium motor vehicle
must be 14″ x 8″, that of a four-wheel motor vehicle out of light motor
vehicles must be12″ x 7″, that of a three-wheel tempo etc. must be 10″ x 7″
and that of two-wheel motor cycle, scooter etc. must be 8″ x 5″.
3. The height and breadth of figures and letters in which the number plate of a
heavy motor vehicle and of a medium motor vehicle is written must be three-
inch and ½ inch, that of a four-wheel and three-wheel tempo etc., out of the
light motor vehicles, must be two-inch and ½ inch and that of a motor cycle,
scooter etc. must be two-inch and 3/8 inch, respectively.
4. The number plate of a motor vehicle must be written in figures and letters
leaving ½ inch (1/4 inch in the case of the number plate of a motor cycle,
scooter, etc.) on all the four sides of the number place. The distance between
the figures and letters must be at least ¼ inch and that between the upper and
lower lines must be at least ½ inch.

Schedule-3

Schedule-3
(Relating to Section 16)
Form of motor vehicle registration certificate
Government of Nepal
Ministry of Works and Transport
Department of Transport Management
……………………. Transport Management Office
Motor vehicle registration number:
Type of motor vehicle:
Date of registration:
Name, surname of the owner of motor vehicle:
Address:
Signature of the owner of motor vehicle:
Signature of officer:
Photograph of the owner of motor
vehicle
Registering officer’s signature:
Date:
Date of execution of transmission:
Photograph of the owner of motor
vehicle
Name, surname and address of the owner of motor vehicle:………………..
………………………………………………………………………………………
…………………………………………………………
Renewing officer’s:
Signature:

 

Detail description of the motor vehicle:
1. Name of the company:
2. Model of the motor vehicle (year):
3. Cylinder number:
4. Horse power (CC):
5. Chassis number:
6. Engine number:
7. Color of the motor vehicle:
8. Seat capacity (including the driver):
9. Weight:
10. Petrol/diesel:
11. Whether a radio, cassette player, telephone etc. is installed or not:
12. Name of seller company or person from whom it has been purchased:
13. Use:
14. Area to be plied in:
15. Customs proof:

Schedule-4

Schedule-4
(Relating to Section 21)
Government of Nepal
Ministry of Works and Transport
Department of Transport Management
……………………. Transport Management Office
Ref. No.:
Dispatch No.: Branch: Date:
Reference No. and date of received letter:
Re: Provisional number.
Based on the application made by…………person/firm/company to this Office and the evidences accompanied by the application, a provisional number has been given to the motor vehicle with the following description for the prescribed period.
1. Name, surname and address of the owner of motor vehicle:
2. Provisional number given:
3. Period of provisional number:
4. Customs proof:
5. Manufacturer of motor vehicle:
6. Type of motor vehicle:
7. Cylinder number:
8. Horse power (CC):
9. Chassis number:
10. Engine number:
11. Color of motor vehicle:
12. Seat capacity (including the driver):
13. Weight:
14. Petrol/diesel:
15. Old plate number of motor vehicle

Schedule-5 

Schedule-5
(Relating to Section 67)
Conductor License

 

 

1. Name:
Citizenship certificate number:
Father/husband’s name:
Address:
This conductor license is hereby issued to you in respect of the following vehicles:
(a) Bus
(b) Minibus
(c) Truck

 

Government of Nepal
Ministry of Works and Transport
Department of Transport Management
……….Transport Management Office
Passport number;
Blood group:
Conductor’s signature:
2. Address:
3. Principal place of business:
4. Type of service to be operated:
5. Name, surname and designation of owner/partner/director (principal person):
6. Address:
……………. ……………….
(Principal person’s signature) (Director General’s signature)

Schedule-7

Schedule-7
Address:
Signature of the owner or manager of motor vehicle:
Type of motor vehicle:
Capacity: Motor vehicle number:
Chassis number:
Transmission
As per the application dated……………… and the registration certificate
dated……………………, the vehicle is hereby transmitted from the name of
…………………… to………………………
Officer’s signature:
Date:

Schedule-8

Schedule-8
(Relating to Section 95)
(Form of license to operate transport service)
Government of Nepal
Ministry of Works and Transport

Department of Transport Management                                                                                         

Registration number:
Registration date:
This license is hereby issued to operate the following service pursuant to Section 93  of the Motor Vehicles and Transport Management Act, 1993.
(1) Name of person/firm/company:
(2) Address:
(3) Principal place of business:
(4) Type of service to be operated:
(5) Name, surname and designation of owner/partner/operator (principal person):
(6) Address:
Principal person’s signature: Director General’s signature

Schedule-9

Schedule-9
(Relating to Section 77)

(Form of route permit)
Government of Nepal
Ministry of Works and Transport Department of Transport Management
………………Transport Management Office

Licensing authority’s:
Name:
Designation:
Signature:
Date:
Length of chassis:
Engine number:
Model:
Name and address of the manufacturing company or organization of motor vehicle:
Name and address of the body making factory:
License number:
Type of motor vehicle:
Name of the owner or manager of motor vehicle:

Civil Service Act, 2049 (1993)

Civil Service Act, 2049 (1993)
Date of Authentification and Publication
2050.2.4 (17 May 1993)
Amendments:
1. Nepal Health Services Act, 2053 (1997) 2053.11.15 (February 16, 1997)
2. Civil Service (First Amendment) Act, 2055 (1998) 2055.3.29 (July 13, 1998)
3. Some Nepal Acts Amendments Act, 2057(2000) 2057.4.26 (August 10, 2000)
4. Parliament Secretariat Act, 2058 (2001) 2058.8.28 (December 13, 2001)
5. Civil Service (Second Amendment) Act, 2064 (2007) 2064.4.23 (August 8, 2007)
Act No. 2 of the year 2050 (1993)
An Act Made to Provide for the Constitution, Operation and
Conditions of Service of the Civil Service
Preamble : Whereas, it is expedient to make provisions on the constitution, operation and conditions of service of the civil service in order to make the civil service more competent, vigorous, service-oriented and responsible;
Now, therefore, be it enacted by Parliament in the Twenty-second year of the reign of His Majesty King Birendra Bir Bikram Shah Dev

Chapter 1 Preliminary

Chapter 1 Preliminary
1. Short Title and Commencement

(1) This Act may be called as “Civil Service Act, 2049 (1993)”.
(2) This Act shall come into force immediately.
2. Definitions : In this Act, unless the subject or the context otherwise requires :-
(a) “Civil Service” means the civil service constituted pursuant to Section 3.
(b) “Civil Employee” means any person who is holding a post of the civil service.
(c) “Authority” means any official with powers to make appointments pursuant to Section 9.
(d) “Family” means the husband, wife, son, unmarried daughter, adopted son, unmarried adopted daughter, father, mother or step mother living together with a Civil employee and whom he/she himself/herself has to maintain and subsist, and this term also includes his/her grandfather, grandmother in the case of a
? male and unmarried female employee, and her mother-in-law, father-in-law, in the case of married female ●
employee.
(e) “Head of Department” means the prescribed official.
(f) “Head of Office” means the head employee of the prescribed office.
(g) “Permanent post” means a post of the civil service which is  pensionable and of which term is not specified.
(h) “Expert post” means a post which has functions, duties and responsibilities of special nature and requires special
qualifications.
● (h1) “Trade union of civil employees” means the trade union of the civil employees constituted pursuant to Sub-section (1) of  Section 53.
● (h2) “Authentic trade union of civil employees” means the authentic trade union of the civil employees constituted
pursuant to Sub-section (3) of Section 53.
(i) “Prescribed” or “as prescribed” means prescribed or as prescribed in the rules framed under this Act.

Chapter 2  Constitution of Civil Service

Chapter 2  Constitution of Civil Services
▲ 2A. Central body vis-à-vis Personnel Administration :

(1) The Ministry of General Administration shall, in order to run the administration of the country, act as the central body in respect of the constitution, operation and conditions of service of the civil service and the management and operation of the civil employee.
(2) Any acts pertaining to the administration of the civil employee, other than the acts mentioned in this Act or the Rules framed under this Act, shall not be carried out without policy approval of the Ministry of General Administration.
3. Constitution of Civil Service : Government of Nepal shall constitute the civil services as follows:
? (a) Nepal Economic Planning and Statistics Service;
(b) Nepal Engineering Service;
(c) Nepal Agricultural Service;
(d) Nepal Judicial Service;
• (d1) Nepal Foreign Service;
(e) Nepal Administration Service;
• (e1) Nepal Audit Service;
(f) Nepal Forestry Service;
(g) Nepal Miscellaneous Service;
(h) Nepal Education Service;
(i)
♦ ———————–
(j)
♥ ———————–
? 4.
Class : (1) There shall be the following classes in the civil service:
Gazetted Non-gazetted
Special First
First Second
Second Third
Third Fourth
Fifth
?
(2) If any employee working in the classless post intends to be affiliated with the class at the time of commencement of this Section, the employee may be affiliated as prescribed with the Non- gazetted fifth class.
• 4A. Special provision relating to integrated civil service system :
Notwithstanding anything contained in Section 4, the Government of Nepal shall commence the integrated civil service system by converting classes of the civil service into the layer system from
such date as may be appointed by a Notification in the Nepal Gazette.
5. Posts of Service : (1)There shall be technical and administrative posts including the expert post in different classes of the civil service.
(2) In addition to those mentioned in Sub-section (1), there may also be classless posts, as prescribed, in the Civil service.
(3) ? ———
• 5A. Job description : (1) Based on the job description of the organization approved by the Government of Nepal, the concerned Secretary, Head of Department and Head of Office must prepare and enforce the job description of each civil post. Such job description must clearly specify, inter alia, the functions, duties, responsibilities
and powers of such post and qualifications for the same.
(2) In posting the civil employee to any post, the job description and the indicators for the evaluation of functions as
specified in the job description must also be provided, along with the posting letter.
(3) Other provisions relating to the job description shall be as prescribed.
6. Groups and sub-groups : (1) There may also be different groups and sub-groups, as prescribed, in the civil service.
▲(la) Notwithstanding anything contained in Sub-section (1), there shall not be service, group or sub-group above the gazetted first class of other service, except in the post of ? Nepal Judicial Service and Nepal Audit Service.
(2) The minimum qualifications required for different posts in  the groups and sub-groups of different civil services shall be as prescribed

Chapter 3 Fulfillment of Vacancy of Civil Service

Chapter 3 Fulfillment of Vacancy of Civil Service
▲ 6A. Creation of positions :

(1) The number of positions in the civil service shall be created as prescribed.
? (2) In preparing an organizational structure and creating a new position in order to establish a new governmental office or reviewing or altering the currently existing organizational structure and positions, the concerned Ministry shall carry out an organizational and management survey, based, inter alia, on the programme, work-load, job nature and available human resource, obtain consent of the Ministry of Finance and forward it to the
Ministry of General Administration.
• (2a) Based on the consent obtained pursuant to Sub-section (2), the Ministry of General Administration shall make its evaluation  and submit it to the Government of Nepal, Council of Ministers for  approval within Thirty days.
Provided that in the case of an alteration in the organization structure and position, a report on such alteration in organization structure and position may be submitted after carry out organization
and management survey.
(3) Any post fulfilled by creating the position in contravention of Sub-sections ? (1), (2) and (2a) shall ipso facto
lapse.
7. Fulfillment of vacancy in civil service : (1) The posts of Gazette special class of the civil service shall be fulfilled pursuant to Section 19 and following posts shall be fulfilled as follows:

2) The employees serving in the post of Bahidar or equivalent thereto of the non-gazetted forth class at the time of
commencement of this Section shall ipso facto be settled into non-  gazetted third class from the date of commencement of this Section.
(3) Notwithstanding anything contained in Clauses (c) of Sub-  section (1), if any post of non-gazetted third class is not held by any civil employee, that post shall ipso facto lapse. If the employee holding the post of non-gazetted third classes has completed such service period and possesses such minimum educational qualifications as required for the post to which he/she is to be promoted, he/she shall ipso facto be promoted to the one class
higher post. The higher class post shall ipso facto be created for  making such promotion; and the lower post shall ipso facto lapse after such promotion to the higher post.
(4) The Government of Nepal shall specify the classless postsinto those of main workers and assistant workers by a Notification in the Nepal Gazette.
(5) The posts falling vacant at the time of commencement of this Section and the classless posts with duties of assistant workers specified pursuant to Sub-section (4) falling vacant after the commencement of this Section shall ipso facto lapse. The concerned office shall inform the Civil Employees Records Office to terminate
such posts. The duties of such posts shall be contracted out to any person or institution by making a contract with such person or institution and with specification of the minimum salary.
(6) Out of the posts to be filled up through internal competitive examination as referred to in Clause (d) of Sub-section (1), the non-gazetted second class posts shall be filled up through open competition from amongst the employees who are serving in non-gazetted third class and classless posts and have obtained
minimum educational qualification and minimum service period .
(7) Notwithstanding anything contained in Sub-section (1), in order to make inclusive the civil 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 -Thirty Three Percent
(b) Adiwasi/Janjati -Twenty Seven Percent
(c) Madhesi -Twenty Two Percent
(d) Dalit – Nine Percent
(e) Disabled (differently able)- Five Percent
(f) Backward Area – Four Percent
Explanation:
(1) For the purposes of this Sub-section “backward area” means Accham, Kalikot,
Jajarkot, Jumla, Dolpa, Bajhang, Bajura, Mugu and Humla districts.
(2) For the purposes of Clauses (a), (b), (c) and (d) of this Sub-section, “women,
Adiwasi/Janajati, Madhesi, and Dalit” means women, Adiwasi/Janajati, Madhesi,
and Dalit who are backward economically and socially.
(8) Notwithstanding anything contained elsewhere in this Section, the posts of the percentage determined pursuant to Clause
(e) of Sub-section (7) shall be filled up through competitive examination between such disabled only as may be specified for any specific nature of work.
(9) While determining the percent pursuant to Sub-section (7), if there is a fraction that is less than One percent, the fraction shall continue to pass on to the immediately next group of the group in respect of which such fraction has resulted.
(10) If no appropriate candidate is available from the advertisement for a post set aside pursuant to Sub-section (7) in the year of advertisement, such post shall be included in the advertisement of next year, and if any appropriate candidate is not available even upon such advertisement, such post shall be included
in the posts to be filled up through the open competition in that year.
(11) The provisions for the fulfillment of posts through the  percent determined pursuant to Sub-section (7) shall be reviewed in every Ten years.
(12) If there arises any dispute on the determination of posts as per the percent as referred to in Sub-section (7), the decision made by the Public Service Commission shall be final.
(13) Notwithstanding anything contained elsewhere in this Section, the Government of Nepal may, by a Notification in the Nepal Gazette, specify the post that can be competed only be women for any specific nature of function or post.
(14) Notwithstanding anything contained elsewhere in this Section, permanent appointment may be made by way of a competitive examination, between such women candidates only,
specified by the Public Service Commission to the prescribed post for one time after the commencement of this Section as have obtained necessary minimum qualification for any post and have worked for at least five years temporarily in the permanent post of the women development program operated by a governmental body.
(15) The posts to be filled up through the adjustment of work performance and experience pursuant to Sub-section (1) shall be adjusted on the basis of seniority from amongst the employees who are promoted as per Section 24D1.
(16) The minimum qualification required for the post of gazetted second and first class to be filled up through open
competition pursuant to Clauses (f) and (g) of Sub-section (1) shall be Master’s Degree obtained on the concerned subject and experience of Five years in the case of gazetted second class and that of Seven years in the case of gazetted first class, in an officer level post of any government service or a body corporate registered
as per the prevailing law or an international association or institution.
Provided that, the term of work experience shall be less by Two years in the case of a candidate who has done Ph.D.

(17) Other provisions relating to the fulfillment of vacancies in the civil service and fulfillment of expert posts shall be as prescribed.
? 7A. Provisions on requisition for vacancy fulfillment : (1) If any post of the civil service falls vacant in any manner, the concerned body shall give information thereof to the Public Service Commission within one month after such vacancy. Departmental action shall be taken against the office-bearer who fails to give such information within that period.
(2) Upon receiving the requisition for the fulfillment of vacancies pursuant to Sub-section (1), the details of the such posts shall be published within the month of Shrawan every year, as prescribed.
(3) In making requisition for the fulfillment of vacancies in the civil service, requisition may be made, specifying the posts already fallen vacant by that period and the posts that are to fall vacant by way of retirement and promotion within the running fiscal year.
(4) Other provisions relating to the requisition for vacancy fulfillment shall be as prescribed.
▲ 7B. Restriction on vacancy fulfillment : (1) No post of the civil service shall be fulfilled in any manner other than that provided for in this Act.
(2) No salary shall be provided without having a salary report passed by the Civil Employee Records Office (Nijamati
Kitabkhana), in the case of civil employees serving in Ministries, Secretariats, Commissions and Departments and Offices situated within the Valley, and by the Treasury and Accounts Comptroller Office concerned, in the case of civil employees of the District based Offices.
? (3) If any employee is appointed in contravention of Sub- section (1) or if it is found that salary has been provided without having the salary report passed pursuant to Sub-section (2), the salary, allowances and amounts for other facilities received by such employee shall be realized from the appointing and salary providing
office-bearer as government dues.
Provided that, nothing in this Sub-section shall be deemed to preclude the provision of salary to a employee holding a redundant post (Phajil).
Explanation: For the purposes of this Sub-section “employee holding a redundant post” means an employee whose
organization or position has been repealed but his or her service is yet to be adjusted in another organization or
service.
▲ 7C. Restriction on appointment on wages or contract : (1) After the commencement of this Act, no one shall appoint any person on wages or contract for any job to be performed by the civil employee.
(2) If any one appoints any person in contravention of Sub- section (1), the salary, allowances and amounts for other facilities received by that person so appointed shall be realized from the appointing office-bearer as government dues.
? 8. Appointment on recommendation of Public Service Commission : (1) Appointment to the post required to be fulfilled by open competition or internal competition ?——— shall be made on recommendation of the Public Service Commission.
(2) Notwithstanding anything contained in Sub-section (1), appointment to the post of gazetted second class or above, in the Nepal Judicial Service, which is required to be fulfilled by internal
competition ?———shall be made on recommendation of the Judicial Service Commission.
9. Appointment to the post of civil service : (1) Government of Nepal shall make appointment to the gazetted post of the civil service; and a Notification of such appointment shall be published in the Nepal Gazette.
(2) The Head of Department may make appointment to the non- gazetted post of the civil service.
(3) Notwithstanding anything contained in Sub-section (2), the Head of Office may make appointment to the non-gazetted and classless post in his/her office and subordinated office.
? 10. Disqualifications for being candidate : (1) The following persons shall not be qualified to be candidate for the post of the civil service:
(a) In the case of non-gazetted and classless post, those who have not completed the age of
Eighteen years, (b) In the case of gazetted post, those who have not completed the age of Twenty One years,
(c) In the case of male and female candidates, those who have already completed the age of Thirty
Five years and that of Forty years, respectively, Provided that,
(1) Any person who has not crossed the age of Forty years may be a candidate for such
post of the civil service ?………. as may be specified for appointment of an ex- army or police thereto.
? (2) Any person who has not crossed the age  of Forty Five years may be a candidate for
the open competition of gazetted second and first class.
(3) The age bar shall not be applicable in the case of permanent incumbent employees
of the civil service.
(d) Those who have been dismissed from service, with being disqualified for government service
in the future,
(e) Those who are non-Nepalese citizens, (f) Those who have been convicted by the court of a
criminal offence involving moral turpitude.
? (2) In the case of the female civil employee who has been temporarily appointed to any post of development side or
development project of Government of Nepal and serving continuously since at least Five years ago, the age bar shall not be applicable to her to become a candidate in the advertisement of the Public Service Commission for open competition.
? 11. Provisions relating to temporary appointment : (1) The Public Service Commission shall, for the purpose of making temporary appointments, publish a separate list arranged in order of merit from
amongst those candidates who have attended the examination conducted by it but have not been recommended for permanent appointment.
(2) If any temporary appointment is to be made to any vacant post of the civil service, the concerned Ministry must write to the Public Service Commission.
(3) The Public Service Commission shall, if so written to it pursuant to Sub-section (2), recommend the person included in the list arranged in order of merit for temporary appointment on the basis of the requisition of the concerned Ministry.
(4) The concerned Ministry shall temporarily appoint the person recommended pursuant to Sub-section (3) for a period not exceeding six months.
(5) The concerned Ministry must give information of temporary appointment made pursuant to Sub-section (4) to the Ministry of General Administration within seven days.
(6) If any one makes temporary appointment in contravention of this Section, the salary, allowances and amounts for other facilities earned and received by the civil employee so appointed shall be realized from the appointing office-bearer as government dues.
12. Retention of lien : The civil employee shall continue to have lien over his/her post in the following circumstances:
(a) As long as he/she continues to function in that post;
(b) Until the period of time allowed for the assumption of charge of another post, on being transferred to that post;
(c) While he/she is on leave;
(d) While he/she is under suspension;
(e) While he/she is deputed by Government of Nepal on
governmental or non-governmental business or while he/she
is serving in any other post in an acting capacity.
? 13. Acting assignment : ? (1) If the post of any Head of Department or Head of Office falls vacant or the employee holding such post goes on leave for a period exceeding Fifteen days or becomes subject to
action pursuant to the prevailing law, a civil employee of the same grade or of one class lower post who has already become a potential candidate for promotion may be assigned to act in that post for a maximum period of Six months, in order to perform the functions of  that post for the time being. In cases where anyone has been so
assigned to act in any post, that person or any other person shall not be again assigned to act in that post.
(2) If any employee is assigned as acting in contravention of Sub-section (1), the salary, allowances and amounts for other facilities earned and received by such employee during his/her holding of that post shall be realized as government dues from the office-bearer assigning him/her as acting.
14. Oath : Each civil employee must, before assuming his/her office after being appointed for the first time, swear an oath as prescribed. ? 15. Posting of civil employee :

(1) The posting of a civil employee shall be made based on his/her educational qualifications, training
and experience.
Provided that, the placement in the post of gazetted first class or the Head of Department shall be made with the consent of the Ministry of General Administration. In giving such consent for the placement in such post, the Ministry of General Administration shall, in coordination with the concerned Ministry, give the consent
for the placement in the post from amongst the employees who has leadership capacity, in addition to the said matters.
(2) In posting or transferring any civil employee to the prescribed Head of Department, Head of Office or another post, Government of Nepal may make such posting or transfer after concluding a job performance agreement with the concerned office- bearer, subject to the job description corresponding to the administrative job nature of the functions attached to that post.
(3) In order to work along with the incumbent office-bearer holding the post of Secretary of special class of Government of Nepal or post equivalent thereto and the post of Head of Departme
of a central body and have hand-over and take-over of charge, a special post shall, ipso facto, be created for Fifteen days, and posting shall be made prior to the retirement of the incumbent office-bearer.
(4) Other provisions relating to posting shall be as prescribed.
? 16. Probation period : While making fresh appointment to any permanent post of the civil service, such appointment shall be made on probation for a period of Six months in the case of a female civil
employee, and one year, in the case of a male civil employee. If  his/her performance is not satisfactory during the probation period, his/her appointment may be canceled. The appointment of a civil employee whose appointment has not been so cancelled shall be deemed to have ipso facto been confirmed on the expiration of the probation period.
Provided that, any employee who has already completed the probation period upon being once appointed permanently to a post in the civil service is appointed to another post and obtains the dispatch letters shall not be required to undergo the probation period again.
Explanation: For the purposes of proviso (3) of Clause (c) of Sub-section (1) of Section 10 and this Section, “civil Service” also includes the Parliamentary Service and the Nepal Health
Service.
17. Tenure of Chief Secretary and Secretary : The tenure of the Chief Secretary and the Secretary shall be three and Five years, respectively.
* ————-
Explanation: For purposes of this Section, the term “Secretary” means a civil employee holding any post of
special class.

Chapter 4 Transfer and Promotion

Chapter 4 Transfer and Promotion
18. Power to make transfer :

(1) The civil employees shall be transferred as per Sub-section (3) in order to provide them, inter alia, with experience of different geographical regions of the   The proviso Omitted by the First Amendment.
country; and the Authority shall have the powers to make such transfer.
Provided that,
(a) The Ministry of General Administration shall transfer the civil employees of one Ministry or
Departments or Offices thereunder to another Ministry or Departments or Offices thereunder.
(b) The Office of Financial Comptroller General shall make transfer of the employees of the
accounts group under the administrative service.
(2) Notwithstanding anything contained elsewhere in this Section, Government of Nepal shall make transfer or posting of the gazetted special class employees, on recommendation of the committee chaired by the Minister for General Administration, and comprising the Chief Secretary of Government of Nepal and the
Secretary at the Ministry of General Administration as its members.
In cases where recommendation is to be made also for the transfer of the Secretary at the Ministry of General Administration, the Secretary at the Office of the Prime Minister and Council of Ministers shall, instead of the Secretary at the Ministry of General Administration, take part at the meeting of that committee as its
member.
(3) While transferring the civil employee, other than the civil employee who is holding the post rendering expert service and there is no post and office relating to his/her service, group or sub-group any where else at the local level and the special class and gazetted first class employee, the concerned Authority must make transfer
generally once a year, specifying the period in the transfer letter as follows, in accordance with the time schedule as prescribed:
(a) Transfer of an employee who has already served in an office in the geographical region of class
“a” and “b” for a period of at least one and half year to an office in the geographical region of
class “c” and “d” for at least two years,
(b) Transfer of an employee who has already served in an office in the geographical region of class
“b” and “c” for a period of at least two years to an office in the geographical region of class “a”
and “b” for at least two years,
Explanation: For purposes of this Sub-section, “One year” means a period of continuous
attendance of at least Two Hundred Thirty Three days.
(4) Notwithstanding anything contained in Sub-section (3), in the following circumstances, a civil employee may, prior to the expiration of the period specified in his/her transfer letter, be transferred, with the consent of the Ministry of General Administration:
(a) Where the medical board prescribed by Government of Nepal recommends that any civil employee in service in any place has been disabled and his/her treatment cannot be done in that place,
(b) Where special responsibility is to be assigned to any civil employee,
(c) Where departmental action is to be taken against any civil employee,
(d) Where it is not appropriate to keep on any civil employee in the office where he/she is serving,
(e) Where, because of the reduction in any position of the civil service, an employee serving in that
position becomes redundant (Phajil) and there is no situation where that employee can be adjusted
even in any other office in the same District,

(f) Where non-gazetted and classless civil employees are to be transferred to such place as
is convenient to their abode or adjacent thereto.
(5) While making transfer pursuant to Sub-section (2), the civil employee spouses, if both of them are in the government service, shall, to the extent of availability of vacant posts, be sent to the same District.
(6) In cases where there is no office in the geographical region pursuant to Sub-section (3) whereto transfer is to be made respectively or there is no office with a post of the concerned service, group or sub-group or the employee serving the post of the office in the geographical region whereto transfer is to be made has
not completed the prescribed service period, transfer may be made to an office in the geographical region whereto the employee has to be transferred thereafter.
(7) Notwithstanding anything contained elsewhere in this Section, no non-gazetted and classless civil employee to be
appointed after the commencement of this Sub-section shall be transferred to elsewhere until ten years, other than the offices within the same Zone for which he/she has been recommended by the Public Service Commission.
(8) If any civil employee is transferred prior to the expiry of the period as referred to in this Section owing to any circumstance other than that where departmental action has to be taken, such amount as prescribed shall be provided to such a civil employee to make arrangements in the new place except the condition of Clause
(c) of Sub-section (4).
Provided that, in cases where any employee is transferred at his/her own request or transferred to any institution within the Kathmandu Valley or to any office within the District headquarters
of the same District, such an amount shall not be provided.
(9) Notwithstanding anything contained elsewhere in this Section, in cases where any employee who is on study leave or is under ipso facto suspension or is on leave for a period exceeding Six months or is deputed elsewhere for a period exceeding Three months or deputed for special works or deputed for any special project
implementation has a lien in a District level office, his/her lien shall be shifted to a central level body in the special post, with the consent of the Ministry of General Administration.
(10) Notwithstanding anything contained in Sub-clause (a) and (c) of Sub-section (3), the Ministry of General Administration may transfer a civil employee of any Ministry and Department or
Office thereunder to any other Ministry and Department or Office thereunder.
(11) Notwithstanding anything contained elsewhere in this Section, the non-gazetted or classless employee shall not be transferred without completion of the duration specified in this Section except where departmental action is to be taken or a recommendation is made by the medical board on the ground of health or an application is made by the employee himself/herself.

(12) The Authority shall take departmental action against the office-bearer who makes transfer in contravention of this Section; and the Ministry of General Administration may cancel such transfer.
(13) Other provisions relating to transfer shall be as
prescribed.
▲ 18A. Provisions relating to deputation :

(1) A civil employee may be deputed to another place from the Ministry, Secretariat, Commission, Department or Office where he/she is serving only on the business of that body. Such deputation shall not be made for a period exceeding three months a year.
Provided that, deputation may be made on a training, symposium etc. for a period more than that.
? (2) While deputing any civil employee to a body which has no post of the civil service and to an approved temporary position or while withdrawing deputation prior to the expiry of the deputation
period, the consent of the Ministry of General Administration must be obtained. The period of such deputation shall not exceed One year at a time.
Provided that, the consent of the Ministry of General Administration is not required for the deputation of the non-gazetted employee.
• (2a) If any employee has to be deputed on works such as election, population census, survey and mining and on a commission of permanent nature for up to One year at a time, the concerned office shall obtain the consent of the concerned body and the Ministry of General Administration.
• (2b) Notwithstanding anything contained elsewhere in this Act, no employee serving in the post of the Head of Department or Head of Office of any office shall be deputed to any other project or body by having the employee’s lien over that post.
• (2c) Notwithstanding anything contained elsewhere in this Section, the Ministry of General Administration may depute the employee whose lien is in the additional group of the Ministry of General Administration to serve in any body, similar to his or her service or group, and the Ministry of General Administration may, with the consent of the employee serving institution and the institution receiving the employee on deputation, make inter-
departmental deputation of such an employee, for a term not exceeding Three months, in order to obtain the expert service of any civil employee.
(3) If any civil employee is deputed in contravention of ? Sub- sections (1), (2) and (2a), the salary, allowances and the amounts for other facilities earned and received by that civil employee so deputed during that period shall be realized from the deputing office-bearer as government dues, and • departmental action shall be
taken against such office-bearer.
• (4) Notwithstanding anything contained in this Section, at the time of transfer of the District level offices to the Local Bodies, Government of Nepal may depute the civil employees serving in such District level offices.
• (5) The lien of the employee deputed pursuant to Sub-section (4) shall be in the Ministry operating the employee’s service, group or sub-group. •

(6) The employees deputed pursuant to Sub-section (4) may be eligible to be candidates for promotion to their respective previous service, group or sub-group and if such employees are non-
gazetted employees, they may be eligible to be potential candidates for promotion to be made in the districts where they are serving.
• (7) Other provisions relating to deputation shall be as  prescribed.
? 18B. Restriction on holding without entrusting responsibility : (1) No civil employee shall be held without entrusting to him/her the responsibility attached to his/her post for a period exceeding two months, except in the following circumstances:
(a) Where he/she is on a long leave,

(b) Where he/she is suspended, (c) Where he/she is to be retained on the lien post
owing to his/her deputation elsewhere,
(2) If any civil employee is held without entrusting to him/her the responsibility attached to his/her post in contravention of Sub-section (1), departmental action shall be taken against the office-bearer who is obliged to entrust the responsibility to, such employee and have him/her perform such responsibility.

▲ 18C. Acts to be completed in time :

(1) The concerned body must complete the act of making adjustment required to be made under
this Act on appointment, transfer, deputation and acting after the commencement of this Act within two months and give information thereof to the Ministry of General Administration.
(2) If the concerned body fails to carry out that act within the period of time referred to in Sub-section (1), the Ministry of General Administration shall carry out it immediately.

• 18D.Additional group : (1) Notwithstanding anything contained elsewhere in this Act, there shall be an additional group in the Ministry of General Administration.
(2) The lien of the civil employees being redundant (Phajil) in any office of Government of Nepal shall remain in the group as referred to in Sub-section (1).
(3) While holding any civil employee in the additional group for a period exceeding Two months, such civil employee shall be so held in a manner not to be contrary to Section 18B.
(4) Other provisions relating to the additional group shall be as prescribed.

• 18E.Maintenance of records of punishment imposed on civil employees : (1) The Ministry of General Administration and the concerned body must maintain the records of punishment imposed
on the civil employees.
(2) The records maintained in accordance with Sub-section (1) must be taken as the ground while posting as the Head of Department, promoting, designating as acting, assigning the responsibility attached to the post of head of any body, making performance evaluation and providing the civil service prize and other career development opportunity, during the following period:
(a) In the event of censure, during the period of One year from the date of censure,
(b) In the event of suspension, during that period,
(c) In the event of withholding of promotion, during the period of such withholding,
(d) In the event of withholding of salary increment, during the period of such withholding.

• 18F. Leadership evaluation : Provisions relating to the evaluation of leadership of the civil employee of gazetted first class or above shall be as prescribed.

? 19. Promotion :

(1) While making promotion to the gazetted post of the other civil services, except the gazetted post of Nepal Judicial
Service, it shall be made on the recommendation of the promotion committee as referred to in Section 20.
(2) Notwithstanding anything contained elsewhere in this Act, promotion to the post of gazetted special class shall be made as follows:
(a) Government of Nepal shall, while making promotion to the post of Chief Secretary of the gazetted special class, make promotion by making selection on the basis of seniority and work efficiency from amongst the  ncumbent Secretaries.
? (b) The promotion committee shall, to the extent of availability, recommend those candidates who
have secured the highest marks on the work performance evaluation, from amongst the potential candidates, in a number that is three times higher than the number of vacant posts, for promotion to the vacant posts of Secretary of gazetted special class or equivalent thereto; and Government of Nepal shall promote such candidate, from amongst the candidates so recommended, as it may hold appropriate on the basis of leadership capacity and work efficiency.
• (c) In order for any gazetted first class employee to be a potential candidate for the post of Secretary
or special class post equivalent thereto, such employee must also have passed such a high level management training as prescribed by Government of Nepal.
Provided that, this provision shall not be applicable to any promotion to be made within one year after the commencement of this Section.
• (d) In counting the work performance evaluation pursuant to Clause (b) for the promotion to the
special class, the work performance evaluation of such years of minimum service period as
required for promotion shall be counted.
Provided that, while making promotion within the last day of the month of Kartik of the
year 2064 after the commencement of this Section, promotion shall be made on the basis of
the work performance evaluation of the last Three years in the case of women,
Aadibashi/Janjati, Madhesi, Dalit, disabled employees and employees permanently residing
in backward region and that of the last Four years in the case of the other employees.
• (e)
Action for promotion shall be carried out twice in a year, One within the month of Poush and the
other within the month of Ashad month, each year.

20. Promotion committee :

(1) There shall be a promotion committee as follows to make recommendation for promotion to the other
gazetted post of the civil service, except for promotion to the ▲ gazetted post of Nepal Judicial Service and for promotion from the non-gazetted post to the gazetted post:
(a) Chairperson of the Public Service Commission or Member of the Public Service Commission designated by him/her – Chairperson
(b) Member of the Public Service Commission designated by the
Chairperson of the Public Service Commission – Member
(c) Chief Secretary – Member
(d) Expert in the concerned subject nominated by the Public Service
Commission – Member
(e) Secretary at the Ministry of General Administration – Member secretary
• (1a) There shall be a promotion committee as follows, to make recommendation for promotion to the gazetted third class from the non-gazette first class:
(a) Member of the Public Service Commission designated by the
Chairperson of the Public Service Commission – Chairperson
(b) Secretary at the Public Service Commission – Member
(c) Secretary at the Ministry of General Administration – Member
(d) Expert in the concerned subject nominated by the Chairperson of the
Public Service Commission – Member
(e) Secretary at the Ministry relating to Service, Group or Sub-group or
Gazetted First Class Officer designated by him/her – Member-Secretary
• (1b) The secretariat of the promotion committee referred to in Sub-section (1a) shall be at the Ministry operating the service, group or sub-group.
(2) There shall be a promotion committee, as prescribed, to make recommendation for promotion to the non-gazetted post of the civil service.
(3) The procedures to be followed by the promotion committee to make recommendation for promotion of the civil
employees shall be as prescribed.
? (4) The promotion committee must, while publishing a promotion name list, also publish the marks obtained by the potential candidates who have filled up the forms for promotion.
• (4a) The promotion committee shall publish the results of promotion within four months from the last date of submission of application forms.
▲ (5) The promotion committee must prepare an annual plan of operations and carry out its functions as per that plan.
▲ 20A.Special provisions relating to promotion :

(1) Notwithstanding anything contained elsewhere in this Act, if any civil employee of the gazetted ? first class or below than that holding the same post for at least Fifteen years has One month left to get retirement pursuant
to Section 33, such employee shall be promoted to one ? class higher post.
(2) Notwithstanding anything contained elsewhere in this Act, if any civil employee of the gazetted ? first class or below than that holding the same post for at least Fifteen years intends to have voluntary retirement pursuant to Section 35 and makes an application therefor, such employee shall be granted retirement by
promoting him/her to One ? class higher post.
(3) A special post shall ipso facto be created to make promotion pursuant to Sub-section (1) or (2) and that post shall ipso facto lapse upon the retirement of such a civil employee from service.
• (4) Notwithstanding anything contained elsewhere in this Section, an employee who dies after the completing the period as referred to in this Section in the same post, the pension and other facilities payable to one level higher post shall be provided to the family of such an employee.
• (5) Notwithstanding anything contained elsewhere in this Section, any employees of gazetted first and second class holding the same post for at least fifteen years wish to take retirement with promotion, such employees shall be granted retirement by promoting them to one class higher post.

? 21. Minimum service period and educational qualifications required to be candidate for promotion : ? (1) In order to be a candidate for promotion, one must possess the educational qualifications as prescribed for the post that is One class below the class of the post to which promotion is made and have completed the minimum service period as follows:
(a) Three years for a non-gazetted post,
(b) Five years for a gazetted post.
(2) Notwithstanding anything contained in Sub-section (1), even though any • women, Adiwasi/Janjati, Madhesi, Dalit, Disable and permanently residing in the backward area civil employee has a service period that is the above-mentioned service period less one year, she shall be a potential candidate for promotion.

22. Ineligibility for being potential candidate for promotion :
Notwithstanding anything contained in Section 21, a civil employee shall not be eligible to be a potential candidate for promotion in the following circumstances and during the following period:
(a) In the event of suspension, during the period of suspension, (b) In the event of withholding of promotion, during the period of withholding,
(c) In the event of withholding of increment in salary, during the period of withholding,
• (d) During the period of five years after the date of change in the service or group in the case of an employee who has so changed the service or group pursuant to Section 26 and after the change in the service or group in the case of an employee who has got such a change upon an application made by himself/herself.

▲ 22A. Withholding and sanction of promotional appointment : If any civil employee is suspended or his/her appointment or salary increment is withheld after he/she has been recommended for promotion but before he/she gets promotional appointment, his/her promotional appointment shall then be withheld during the said
period; and in the event of his/her acquittal of the suspension or after the expire of the period of withholding, he/she shall be granted appointment and only seniority shall be maintained as if he/she were not suspended or his/her promotion or salary increment were not withheld.
23.
♣ … … … …

24. Criteria for promotion on ground of work efficiency :

(1) The promotion committee shall recommend a civil employee for promotion based on the total marks secured for the work efficiency.
(2) In evaluating the work efficiency of the civil employee, a maximum of 100 marks shall be granted as follows:
(a) For work performance evaluation -Forty marks
(b) For seniority – Thirty marks
(c) For educational qualifications – Twelve marks
(d) For service in geographical region
-Sixteen marks
(e) For training – Two marks
(3) In calculating the marks for the work performance evaluation of a potential candidate, the marks shall be calculated based on the last day of Ashad, and in calculating the other marks, the marks secured by the deadline for making application for promotion shall be calculated.

▲ 24A. Evaluation of work performance :

(1) The work performance evaluation form as prescribed shall be used to evaluate the work
performance of civil employee.
(2) The distribution of the total marks for the work performance evaluation of civil employee shall be as follows:
(a) Maximum marks that may be granted by the supervisor -Twenty five
(b) Maximum marks that may be granted by the reviewer -Ten marks
(c) Maximum marks that may be granted by the review committee -Five marks
(3) The supervisor, reviewer and review committee must, while granting marks for the work performance of a civil employee, grant marks in accord with the criteria mentioned in this Section and in the work performance evaluation form.
? (4) The work performance evaluation of the gazetted civil employee shall be carried out on a semi-annual (half yearly) and annual basis and that of the non-gazetted employee on an ann al basis.
? (5) In carrying out the work performance evaluation on a semi-annual basis pursuant to Sub-section (4), the concerned gazetted employee must fill up the form in duplicate in the prescribed format, indicating the specified functions, discharged functions, functions which could not be completed and reasons for the same and submit it to the supervisor within Seven days after the expiry of that period. The supervisor must evaluate the form so
submitted, mention feedbacks to be provided in the specified space of the form and return a copy to the concerned employee within another Seven days. The annual work performance evaluation form must be evaluated based on every work performance evaluation form filled up on a semi-annual basis. The Authority may take
departmental action against the employee who fails to fill up the semi-annual work performance evaluation form in the specified time and against the supervisor who fails to examine it and provide feedbacks.
? (6) In respect of the work performance evaluation to be carried out on an annual basis, the concerned Head of Office and Head of Department must, in the case of the non-gazetted and classless employee, carry out or cause to be carried out evaluation within the specified period, prepare it in triplicate, send a copy each
to the Public Service Commission and the promotion committee secretariat and retain the other copy in the concerned office. In the case of gazetted civil employee, the Secretary at the concerned
Ministry, Secretariat, Commission or central body must carry out, or cause to be carried out, evaluation within the specified period, prepare it in triplicate, send a copy each to the Public Service
Commission and the promotion committee secretariat and retain the other copy in the concerned Ministry, Secretariat, Commission or central body. Each body carrying out work performance evaluation
must publish a notice, also containing a name list sent to the body to which it has to submit the form evaluated by it within the prescribed period, on the notice board of its office within seven days.
• (6a) Each civil employee must fill up his/her work performance evaluation form and register it with the concerned
office within the prescribed period of time. If the concerned employee fails to register it within such period of time and makes an application, accompanied by reasonable reasons therefor, for the extension of time limit, the supervisor may, if he/she thinks the reasons mentioned in the application to be reasonable, extend the
time limit for a period not exceeding fifteen days after the date of expiry of the prescribed period of time. The promotion committee shall subtract one mark from the total marks for the work performance evaluation form registered within the extension time of that fiscal year.
Provided that, if any employee has to go for a foreign training, workshop or study tour during the period of filling up the work performance evaluation form, the employee has to fill up the work performance evaluation form and register it with the concerned office prior to make such departure. The work
performance evaluation form so registered shall be evaluated as if it were registered with the specified time.
• (6b) Departmental action shall be taken against the office- bearer who does not evaluate, within the prescribed period of time, the work performance evaluation form filled and registered by the
civil employee in time.
• (6c) If, after the review committee has carried out the annual work performance evaluation to be carried out each year, the concerned employee makes an application for information of the total marks of work performance evaluation that he/she has secured in that year, the review committee secretariat must give such
information.
Provided that, information of the marks given by the review committee shall not be given.
• (6d) After receiving information pursuant to Sub-section (6c), if any employee is not satisfied with the evaluation made by the supervisor or reviewer may make a complaint, accompanied by the solid ground and reason for such dissatisfaction, to the prescribed authority within seven days. Where a complaint is so
made, such authority shall conduct necessary investigation, in consultation with the concerned supervisor and reviewer, and may, if so required, amend, as prescribed, the marks obtained in such an
evaluation form.

(7) If the supervisor or the reviewer grants more than Ninety
Five per cent or less than Seventy Five per cent marks for the work
performance evaluation to be carried out annually, he/she must set
out clear reasons therefor; and where he/she grants less than Seventy
Five per cent marks, he/she must inform the concerned employee
thereof and submit it to the review committee, along with the
reactions, if any, made by such employee. The review committee
may, if it is not satisfied with the evaluation of the work
performance carried out by the supervisor or the reviewer or by
both, return it, also setting out the clear reasons therefor. In cases
where it is so returned, the concerned evaluator must reevaluate it or
set out justifiable reasons why it is not necessary to amend the
evaluation carried out previously and forward it accordingly.
(8) While calculating marks for purposes of work
performance evaluation, the marks shall be calculated on the basis
of the average figure of the work performance evaluation form of
such last year as the service for which is required to become a
potential candidate for promotion.
Provided that:
? (1) Marks due for the work performance evaluation
for the period of training and study undergone or
of the period of suspension where the suspension
of an employee has been released shall be
granted in proportion of the marks secured in the
year immediately preceding the departure for
such study or training or preceding such
suspension.
? (2) The potential candidacy shall be calculated only
by deducting the period of extra-ordinary leave
undergone; and the work performance evaluation
form shall not be filled up for the period of such
leave. The work performance evaluation of the
subsequent period shall be calculated after
deducting the period of extra-ordinary leave
undergone, for the service period of such years
as required to be a potential candidate for
promotion.
(9) ? —————–
(10) Other provisions relating to the work performance
evaluation shall be as prescribed.
? 24B. Evaluation of seniority : While granting to the civil employee
marks for seniority, a maximum of thirty marks shall be granted as
follows:
(a) At the rate of 3.75 marks for each year of service in the post
of non-gazetted third and second class,
(b) At the rate of 3 marks for each year of service in the post of
non-gazetted first class,
(c) At the rate of 2.5 marks for each year of service in the post of
gazetted third and second class.
Provided that-
(1) While calculating marks for seniority, marks
shall be calculated on a proportional basis for a
period of more than One year by a few months
or days.
(2) For purposes of this Clause, no marks shall be
granted for the period of absence or extra-
ordinary leave undergone.
? 24C. Categorization of geographical regions : (1) While granting
marks to the civil employee for his/her experience of work in
different geographical regions, the different geographical regions of
the country shall be classified into four categories viz. ‘a’, ‘b’, ‘c’ and
‘d’, respectively, and marks shall be granted as follows not in excess
of Sixteen marks for the work experience in one or more categories
thereof:
(a) For the post of non-gazetted third and second
class-
(1) At the rate of 4 marks for each year of
service in category ‘a’,
(2) At the rate of 3.25 marks for each year of
service in category ‘b’,
(3) At the rate of 2.50 marks for each year of
service in category ‘c’,
(4) At the rate of 2 mark for each year of
service in category ‘d’.
(b) For the post of non gazetted first class-
(1) At the rate of 4 marks for each year of
service in category ‘a’,
(2) At the rate of 3.25 marks for each year of
service in category ‘b’,
(3) At the rate of 2.50 marks for each year of
service in category ‘c’,
(4) At the rate of 1.50 mark for each year of
service in category ‘d’.
(c) For the post of gazetted third and second class-
(1) At the rate of 4 marks for each year of
service in category ‘a’,
(2) At the rate of 3.25 marks for each year of
service in category ‘b’,
(3) At the rate of 2.50 marks for each year of
service in category ‘c’,
(4) At the rate of 1.25 mark for each year of
service in category ‘d’.
(2) Notwithstanding anything contained in Sub-section (1),
the marks already secured by any civil employee for geographical
region at the time of commencement of this Section shall not
decrease.
(3) For purposes of Sub-section (1), the description of
different geographical regions shall be as prescribed.
(4) No marks of any one geographical region shall be granted
unless and until any employee makes continuous office attendance
for at least Two Hundred Thirty Three days in that region. For a
period more than Two Hundred Thirty Three days, marks of the
same geographical region shall be granted pro rata; and marks
equivalent to that of category ‘d’ shall be granted for a period less
than that irrespective of the geographical region where the employee
has served. The marks obtainable for the service in geographical
region shall be calculated only if the marks have been obtained in
the post that is one class lower than the class to which promotion is
to be made.
(5) The marks equivalent to that of category ‘d’ shall be
granted to the civil employee who serves in a Nepalese Diplomatic
Mission or any other office situated aboard and who goes on
deputation for a study leave or foreign training.
▲ 24D.Evaluation of educational qualifications and training : ? (1)
While granting marks to the civil employees for educational
qualifications, a lump sum of twelve marks shall be granted for the
minimum educational qualifications required to join any post of the
civil service and additional educational degree, which is higher than
the minimum educational qualifications and in a subject related with
the service, group or sub-group. Both marks shall be granted even if
the employee has obtained only the education qualification that is
higher then the minimum required educational qualification.
Number
Educational Qualification (Title)
First
class
Second
class
Third
class
(a) For the Minimum educational
qualification as required for the
entry of service
9 8.75 8.50
(b) For the any one additional
educational qualification or the
3 2.75 2.50
concerned subject higher than
the minimum educational
qualification for the entry into
service.
(2) ? ———-
? (3) Except the minimum educational qualification prescribed for the posts of the gazette second and first classes, to be filled up through open competition pursuant to Clauses (f) and (g) of Sub- section (1) of Section 7, the minimum educational qualification prescribed for the entry into the gazette third class service shall be deemed to be the minimum educational qualification also for the promotion to the posts higher than gazetted second class.
(4) ? ———-
? (5) For the in-service training, 2 marks, 1.75 marks and 1.5 marks shall be granted for the first, second and third division, respectively.
(6) While granting marks to the civil employee for training, marks shall be granted for an in-service training of a period of one month or more, in a subject related with the service. In calculating
marks for the training, the marks shall be calculated only for that class while in which class he/she has been nominated for the training.
• Explanation: One month training shall mean a training of a period of thirty working days or more.
(7) The civil employee shall submit certified copies of the educational qualifications and the in-service training. No marks shall be granted therefor if he/she fails to submit them.
• (8) Whether the educational qualification submitted by a civil employee along with the application for the purpose of promotion is related with the service, group and sub-group or not shall be as decided by the equivalency determination committee as prescribed. If the equivalency of the educational qualification
submitted along with the application for the purpose of promotion is made prior to a date before the holding of the meeting of the promotion committee, the marks of such educational qualification shall be counted for promotion.
• (9) Provisions relating to training institutions and training standards shall be as prescribed by Ministry of General Administration, in coordination with the Ministry operating the service, group and sub-group.
• 24D1.Special provision of promotion by evaluation of work performance and experience : (1) Notwithstanding anything contained elsewhere in this Act, the civil employee shall be promoted up to one class, upon having completed the following service period in the following class, and obtained the above
educational qualification than prescribed educational qualification at the earlier time of entry or group division or after the entry or group division:
(a) Non-gazetted Second Class – Ten years
(b) Non-gazetted First Class – Twelve years
(c) Gazetted Third Class – Fifteen years
(d) Gazetted Second Class – Eighteen years
(2) Notwithstanding anything contained in Sub-section (1) , those civil employees shall be promoted up to one class upon having completed the service period of Eighteen, Fifteen and Thirteen years
or more in the permanent post of the same class of gazetted third class, non-gazetted second class and having the educational qualification and obtained the minimum educational qualification of the prescribed subject at the time of entry of service or group division of the concerned service, group or sub-group.
(3) The following conditions shall have to be fulfilled for the promotion pursuant to sub-sections (1) and (2)
(a) Not being subject to action pursuant to Section 22;
(b) Having obtained the marks average of ninety percent or more in the performance education of
last three years.
(4) There shall be a promotion committee as follows to make recommendation for promotion pursuant to sub-sections (1) and (2) except the post of gazetted post of Nepal Judicial Service, and the
promotion of gazetted post of Nepal Judicial Service shall be conducted by the Judicial Commission.
(a) Member of the Public Service Commission designated by the chairperson of the Public
Service Commission – Chairperson

(b) Secretary at the Ministry or Institution where the
employee is working – Member
(c) Secretary at the Ministry of General Administration or
gazetted first class officer of the ministry designated by
him/her – Member
Explanation: The Secretary of the Office of the Prime Minister and Council of Ministers will be the member in a
condition of the promotion of the employee of Ministry of General Administration.
(5) The promotion Committee Secretariat pursuant to Sub- section (4) shall be at the Ministry or Institution where the employee
worked as candidate for the promotion.
(6) The special post of concerned service, group, sub-group of above class ipso facto at the employee working office for the promotion pursuant to Sub-section (1) or (2) and the Civil Employee Record Office shall register of such post from the date of the commencement of promotion after the concerned institution provide
promotion.
(7) The position shall ipso facto lapse if the employee is promoted, pursuant to Sub-section (6), gets retirement by any reason or is promoted to above post or adjusted to the registered post and the post shall ipso facto be settled as the earlier post before the post of his/her promotion, and the Civil Employees Record Office shall
maintain the records of such post accordingly.
(8) The civil employee promoted for the special post pursuant to Sub-section (6) shall have to conduct work of the post where he/she work before the promotion except in the case of adjustment pursuant to Sub-section (7).
Provided that, the seniority of the employee promoted as per this Section shall be counted as promoted post and shall eligible for the competition of the above post of above class then promoted
class.
(9) The transfer of the employee promoted as per this Section shall be with the special post created as per the promotion of this Section of other institution until the adjustment pursuant to Sub-
section (7).
(10) Notwithstanding anything contained elsewhere in this Act, in cases where the employee of the same class of one office promoted as per this Section and might be the office chief post, the senior employee among such class employee worked as office chief.

(11) Notwithstanding anything contained elsewhere in this Act, the promotion proceeding work performance evaluation shall be conducted before and then after the recommendation of promotion
according to this Section the conduced except the first time of the commencement of this Act.
(12) Notwithstanding contained anything elsewhere in this Section, the promotion provision of this Section shall not commence for the layer increase.
(13) Notwithstanding any thing contained elsewhere in this Section, no adverse effect shall be made to the provision of open competition by promotion pursuant to this Section.
(14) The procedures for inviting applications for promotion by evaluation of work performance and experience, result publication and duration, claim of promotion and adjustment of promoted employees and other relevant provisions shall be as prescribed.
• 24D2.Provision relating to layer upgrade of classless employee :
(1) The layer of the classless post shall be as follows:
(a) First layer,
(b) Second layer,
(c) Third layer,
(d) Fourth layer,
(e) Fifth layer.
(2) The employee who is firstly appointed to the classless post shall be maintained into the first layer.
(3) The competent authority shall upgrade as follows the classless employees whose records of punishment have not been maintained pursuant to Section 18E.
(a) Second layer having the service period of Five year or more and less than Ten years.
(b) Third layer having the service period of Ten year or more and less than Fifteen years.
(c) Fourth layer having the service period of Fifteen year or more and less than Twenty years.
(d) Fifth layer having the service period of Twenty year or more.
(4) The pay scale of the layer pursuant to Sub-section (3) shall be as prescribed by the Government of Nepal.
(5) The other provisions relating to upgradation shall be as prescribed.
? 24E. Sheet roll/personal details to be maintained : (1) It shall be the responsibility of the concerned Head of Department or Head of Office to maintain accurately the sheet roll/personal details of the
civil employee serving in his/her office. It shall be the obligation of the concerned employee to update, or cause to be updated, his/her sheet roll/personal details.
(2) If the civil employee who has already been a potential candidate for promotion fails to submit the application form because of his/her staying abroad in the course of a governmental business or study or deputation or occurrence of a natural calamity or circumstance beyond control, the concerned Head of Department or
Head of Office must forward the details of such employee to the office publishing a notice for promotion, within the time-limit of the notice for promotion. The promotion committee shall settle acts of promotion based on the details so forwarded.
(3) If it is proved that any candidate has mentioned false details in the promotion application form, departmental action shall be taken against such candidate.
▲ 24F. Complaint on promotion : (1) The concerned civil employee, who is not satisfied with the promotion recommendation made by the promotion committee pursuant to Section 20, may file a
complaint with the Public Service Commission within Thirty Five days from the date of such recommendation; and the complaint so filed shall be settled within Sixty days after the date of expiry of the
time limit for filing complaint.
(2) If, following the settlement of a complaint filed pursuant to Sub-section (1), the promotion name-list previously published is to be amended, the complaint hearing official shall give a notice thereof to the promotion committee.
(3) If, while examining a complaint pursuant to Sub-section (1), it appears that erroneous evaluation has been carried out knowingly, the Public Service Commission may warn the evaluator.
(4) If a complaint filed pursuant to Sub-section (1) is held to be false, two marks and three marks of such a complainant shall be deducted on the promotion to be made following the complaint, for
the complaint made for the first and second time, respectively.
(5) A notice of the action taken pursuant to Sub-section (3) or (4) must be given to the promotion committee secretariat, the office where the concerned employee is in service and to the concerned  employee, as well.
(6) Other provisions on complaint on promotion shall be as

prescribed.
25. Alteration in conditions of promotion : In making any amendment to Sections 21, 22, ? 24, 24A, 24B, 24C and 24D or the Rules framed thereunder, provision shall be made so that such amendment shall come into force only on a date after One year of such amendment.
? 26. Change of service, group or sub-group : If, Government of Nepal requires an employee with any special qualifications in any class of any service, group or sub-group of the civil service, and given that the post cannot be fulfilled by transfer or promotion made within that service, group or sub-group, the post has to be fulfilled
by making a change in service from another civil service, group or sub-group, Government of Nepal may change the service, group or sub-group of the employee selected through a competitive examination among the civil employees of the same class, having possessed the qualifications specified in an advertisement done by
the Public Service Commission on request of Government of Nepal.
Provided that, in cases where the position is cut off because any civil service post of any body of the Government of Nepal has been redundant and the employee in service in such position has to be transferred to another service, group or sub-group given that the post of the service, group, sub-group and class so cut off is not
vacant in any other body nor does such post fall vacant even until One year, nothing contained in this Section shall be deemed to prevent Government of Nepal from grouping into another service, group or sub-group, in consultation with the Public Service Commission.

Chapter 5 Salary, Allowance, Dashain Expenses and Other Facilities

Chapter 5 Salary, Allowance, Dashain Expenses and Other Facilities
27. Salary and allowance :

(1) A civil employee shall be entitled to salary and allowance from the day of assumption of his/her post.
• (1a) There shall be a salary and allowance review committee as follows, so as to review the salary, allowance and
other facilities of the civil employee:
(a) Chief Secretary of the Government of Nepal -Chairperson
(b) Secretary, Ministry of Finance -Member
(c) Secretary Ministry of General  Administration -Member
• (1b) The salary and allowance review committee shall, each year, recommend to the Government of Nepal a dear allowance based on the consumer price index. The committee shall, in every three years, review the salary, allowance and other facilities, based on, inter alia, the revenue increase rate, total number of positions and the dear allowance provided based on the price index in the last three years. The committee may set other procedures on its own.
• (1c) The committee referred to in Sub-section (1a) may constitute a sub-committee as per necessity and may invite any concerned area expert and stakeholder to attend its meeting for suggestion.
• (1d) The secretariat function pursuant to Sub-section (1a) shall be carried out by the Ministry of General Administration.
? (2) The Government of Nepal shall, also based on the recommendation referred to in Sub-section (1a), each year provide the civil employee with an allowance in a sum not exceeding Seventy Five percent of the consumer price index increasing each year. In a year where the allowance so provided is in excess of Twenty Five percent or more of the basic pay scale, Twenty Five percent amount shall be adjusted in the salary scale and the rest  amount provided as an allowance.
? (3) Except in the circumstances stipulated in Section 29 or 60, after the commencement of this Act, each civil employee shall be entitled to an increment in salary ? as prescribed, upon completion of one year of service. In so prescribing the increment in salary, the number of increment in salary shall be adjusted in a manner that is not less than the amount being received by the employee. In the event of withholding of increment in salary of any
civil employee, the concerned official must mention in writing on which date the increment in salary is to be sanctioned.

28. Entitlement to earned salary and allowance :

(1) Each civil employee shall receive salary ? and allowance as well, if any receivable, after completion of each month.
(2) Each civil employee shall receive his/her earned salary ? and allowance as well, if any receivable, even if he/she is relieved of the civil service for any reason whatsoever.
(3) Except as provided in this Act or the Rules framed hereunder, no salary of any civil employee shall be deducted.
(4) The salary to which any civil employee is entitled shall  not be withheld during the period he/she is serving or is on leave.

• 28A. Work performance incentive fund :

(1) Government of Nepal may provide for a work performance incentive fund in order to encourage the civil employee based on work performance, work results and achieved results.
(2) The operation, management and other provisions of the fund as referred to in Sub-section (1) shall be as prescribed.

29. Crossing of efficiency bar : No civil employee shall be deemed to have crossed the efficiency bar until the Secretary at the concerned Ministry, in the case of a gazetted employee, and the Authority, in the case of a non-gazetted employee, mention in writing that such civil employee is eligible to cross the efficiency bar.

30. Salary receivable in the event of suspension :

(1) If any civil employee is suspended in connection with any governmental business or as a result of an action taken on behalf of Government of Nepal, such employee shall receive only half of his/her salary during
the period of such suspension.
Provided that, if the charge against him/her is not proved and he/she is acquitted of the charge, he/she shall receive the salary less the half salary, if any, he/she has received during the period of suspension and the full salary (including increment in salary, if any, to be made) if he/she has not received the half salary. If he/she is
convicted, he/she shall not be entitled to the remaining salary and allowances after the date of such suspension.
(2) If any civil employee is suspended for any reason other than that mentioned in Sub-section (1), he/she shall not be entitled to any salary during the period of such suspension.

31. Deposit of contribution to Employee Provident Fund : An amount at the rate of Ten per cent of the monthly salary of the civil employee shall be deducted, and Government of Nepal shall, adding  the amount of One Hundred percent thereof to such amount, deposit the total amount in the Employee Provident Fund.

32. Festival expenses and other facilities :

(1)A civil employee shall receive an amount equivalent to the salary of one month being earned by him/her as the festival expenses each year to celebrate festival as per his/her religion, culture and custom.
(2) An employee who has got retired with entitlement to pension shall be provided with a sum equivalent to the pension of One month payable to him/her, as the festival expenses.
(3) The provisions relating to medical expenses, disability pension, facilities payable on grounds of deformities, extra-ordinary family pension and gratuity, educational allowances, pension, child care allowances to the offspring or other facilities shall be as prescribed.

Chapter 6 Retirement, Gratuity and Pension

Chapter 6 Retirement, Gratuity and Pension
33. Compulsory retirement :
(1) Any civil employee who has completed the age of fifty-eight years or completed the tenure as
referred to in Section 17 shall ipso facto retire from the civil service.
(2) Even the civil employees who are incumbent in the civil  service on the extension of their tenure after completion of the thirty-year service period, prior to the commencement of Sub- section (1), may hold office in the civil service until they complete the age of Fifty Eight years.
Provided that, in the case of the employees whose tenure of service is specified pursuant to Section 17, that Section shall be  applicable.
(3) For purposes of this Section, the age of a civil employee shall be calculated on the basis of the age to be set from the birth  day or year inscribed in the certificate of educational institute submitted by him/her at the time of joining the service or the age to be set from the birth day or year inscribed in the citizenship
certificate or the age to be set from the birth day or year inscribed in the sheet roll/personal details filled up by him/her at the time of joining the service, at whichever age he/she gets retired earlier.
? 34. Power to award retirement : Government of Nepal may, in the following circumstances, retire any civil employee from the service:
(a) If any civil employee is proved to have provided or attempted  to provide secret governmental documents, deeds or information under his/her custody or obtained by him/her in any manner to any unauthorized person or body,
(b) If any civil employee is proved to have committed an irresponsible conduct contrary to the dignity of his/her post, by maintaining undesirable contact with any foreign country, organization or citizen contrary to the national interests.
▲ 34A. Special provision in respect of incapacitated employee : If it is certified by the medical board constituted by Government of Nepal that any civil employee is unable to serve regularly owing to a physical or mental disease, Government of Nepal may retire that employee, by adding a service period of Seven years in maximum to
his/her service period.

? 35. Voluntary retirement :

(1) Any civil employee who is eligible to receive pension and has completed the age limit of Fifty years may
voluntarily retire from the service on such terms and within such period as set forth and specified in a Notification published by  Government of Nepal in the Nepal Gazette. A service period not exceeding Seven years shall be added and the total service period shall be fixed for pension in such a manner that the age does not  cross Sixty years in the case of an employee who joined the civil service before the 21st Kartik of the year 2049(6 November 1992)
and the age does not cross Fifty Eight years in the case of an employee who joins the civil service on or after that date, out of the employees who so retire voluntarily.
Provided that, in the case of the employee who has become redundant because of non-adjustment in position or who is holding a post not necessary for Government of Nepal, separate facilities and terms may be specified and application for voluntary retirement may be invited by a Notification in the Nepal Gazette.
(2) Notwithstanding anything contained in Sub-section (1), if an employee who is eligible to have pension and has completed the age limit of fifty years intends to have voluntary retirement, he/she
may be retired by promoting him/her to one level higher post if he/she has served as per Sub-section (3) of Section 37 in the event that he/she is entitled to promotion to one level higher post pursuant
to Section 20A. of this Act.
36. Gratuity : (1) If any civil employee, who has served for Five years or more but has not completed the period required for pension, retires or leaves service by getting resignation accepted or is removed from the post without being disqualified for government service in the future, he/she shall receive gratuity at the following
rate:
(a) In the case of the civil employee who has served from Five years to Ten years, Half the last
month’s salary for each year of his/her service,
(b) In the case of a civil employee who has served for more than Ten years up to Fifteen years, the
last One month’s salary for each year of his/her service,
(c) In the case of a civil employee 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 service.
(2) Notwithstanding anything contained in Sub-section (1), no gratuity shall be paid to any civil employee who is proved to have lied about citizenship or age or qualification with the intention of entering into or continuing to hold the government service.
37. Pension : (1) A civil employee who has been in government service for a period of Twenty years or more shall be entitled to a monthly pension at the following rate:
Total year of service X amount of the last salary 50
Provided that:
(1) No civil employee who has been dismissed from the service with being disqualified for
government service in the future shall be entitled to the pension pursuant to this Section.
(2) No pension shall be paid to any civil employee who is proved to have lied about citizenship or
age or qualification with the intention of entering into or continuing to hold government
service.
• (1a) Notwithstanding anything contained in Sub-section (1), in the case of not obtaining the pension by the service period due to compulsory retirement to the employees appointed in a class or post
as maximum age of Forty years and appointed pursuant to Sub- section (2) of Section 10, pension shall be provided by adding up to two years in service period to such employee .
Provided that, this provision shall not be applicable to the employees who retired before the commencement of this sub- section.
(2) Notwithstanding anything contained in Sub-section (1), the minimum amount of pension shall not be less than half the amount of basic figure of salary of the incumbent civil employee of the same post ▲ and the maximum amount thereof shall be more than the basic scale of salary of the incumbent civil employee of the
same post.
? (3) If any civil employee who has been in service in the civil service since 21 Kartik 2049 (6 November 1992) ago has already completed the service period of thirty years, he/she may retire from service voluntarily. The total service period of the civil employee who has so retired voluntarily from service or who has ipso facto
retired pursuant to Section 33 owing to the completion of 58 years of age upon having been in service in the civil service since 21  Kartik 2049 (6 November 1992) ago shall be set by adding such remaining period as required for him/her to complete sixty years of age.
? (4) If any employee who has completed a service period of fifteen years dies, a maximum period of Five years shall be added to his/her service period, and his/her family shall be allowed to receive either pension or gratuity, whichever that family chooses.
(5) If any person who is receiving pension on account of his/her earlier service in any government post is appointed to the civil post later, he/she shall be entitled to pension pursuantt  this  Section, with the addition of the period of his/her earlier service to that of his/her subsequent service.
38. Increment in pension : Where the salary of the incumbent civil employee is increased, two-third amount of the increment in the
basic figure of salary shall also be added to the amount of pension of
the retired civil employee of the same post.
۩ Provided that, this provision shall not be applicable to the
civil employee entitled to pension pursuant to Section 39B.
39. Family pension and gratuity : (1) If any civil employee dies
while in service or prior to completion of seven years after he/she
started to receive pension, a gratuity or pension as provided for in
Section 36 or 37 shall be provided to his/her family or minor brother
or unmarried sister.
Provided that, in the case of pension, such pension shall not
be available for more than Seven years. No pension shall be
provided to the family of the civil employee, who died prior to
completion of Seven years after he/she started to receive pension,
after completion of Seven years.
(2) Notwithstanding anything contained in Sub-section (1), if
the recipient of such pension is a minor, he/she shall be entitled to
such pension until he/she attends majority.
(3) The widower husband or widow wife of a civil employee
shall be entitled, for life, to half the amount of pension receivable by
such employee from the date of expiration of the period during
which such widower husband or widow wife is entitled to family
pension pursuant to Sub-section (1) by reason of the death of her
husband or his wife while in service or prior to completion of Seven
years after he/she started to receive pension and from the date of
death of such employee where such widower husband or widow wife
is not entitled to such family pension or where his wife or her
husband dies after completion of seven years after he/she started to
receive pension.
۩ Provided that, if such widower husband or widow wife
concludes another marriage, he or she shall not be entitled to this
kind of pension facility.
• (3a) Notwithstanding anything contained in Sub-section (3),
if the pension receiver widower husband or widow wife dies or
he/she marries with other, such pension amount shall be provided as
prescribed to minor children until they attain majority.
(4) Where the salary of incumbent civil employee is
increased, the two-thirds of the total amount increased in the figure
of basic salary shall also be added to the amount of family pension
of the person receiving family pension pursuant to sub-sections (1),
(2) and (3).
(5) If any employee dies prior to receiving any amount to
which that employee is entitled under this Act, such amount shall be
paid to the person from amongst his/her family members who is held
to be entitled to the gratuity or pension of that employee pursuant to
this Act.
(6) In providing gratuity or pension, if the deceased civil
employee has nominated any member of his/her family or his/her
minor brother or unmarried sister, gratuity or pension shall be
provided to such person, and if, for any reason, gratuity or pension
cannot be provided to such person or if nobody has been nominated,
it shall be provided to such person from amongst the members of
his/her family as may be deemed appropriate by Government of
Nepal.
▲ 39A. Pension and gratuity of disappeared employee : (1) If any
civil employee who has served in the civil service has disappeared
and whose whereabouts have not been traced until the prescribed
period whether he/she is dead or alive, the amount of gratuity or
pension to which such employee is entitled pursuant to Section 36 or
37 shall be provided to his/her family.
(2) Notwithstanding anything contained in Sub-section (1),
his/her family shall be provided with the family pension equal to the
full amount of pension for up to Seven years if he/she who is
entitled to pension pursuant to Section 37 disappears prior to
receiving pension and for up to the period remaining to complete
Seven years if he/she disappears after starting to receive pension,
and after that period, his/her wife or husband shall be provided with
family pension equal to half the amount of pension for life.
(3) If the employee disappeared is traced subsequently, the
gratuity as referred to in Section 36, if not paid yet, or the amount of
pension receivable under Section 37 shall be provided to him/herself
from the date on which he/she claims for the same.
Provided that, the person traced subsequently shall not be
entitled to claim such amount of gratuity, pension or family pension
as has already been paid pursuant to Sub-section (1) or (2).
• 39B. Special provisions relating to gratuity and pension : (1)
Government of Nepal shall set up a separate gratuity and pension
fund for purposes of providing gratuity and pension to civil
employees appointed after the date of Notification in Nepal Gazette.
An amount at the rate of at least Ten per cent of the monthly salary
of such employees shall be deducted, and Government of Nepal
shall, adding the amount equal to Ten per cent of the monthly salary
to such amount, deposit the total amount in that fund.
(2) The gratuity and pension related provisions contained in
Sub-section (1a) of Section 32, Section 34A., 35, 36,37, 38, 39 and
39A. shall not be applicable in the case of the civil employees to be
appointed after the publication of notice pursuant to Sub-section (1).
(3) Government of Nepal shall provide the amount equivalent
to deducted monthly salary pursuant to Sub-section (1) at the time of
payment of salary to the employee.
(4) Notwithstanding anything contained in Sub-section (3), a
civil employee who has been dismissed from the service with being
disqualified for government service in the future pursuant to Sub-
clause (2) of Clause (b) of Section 59 shall be entitled to receive a
lump sum of the total amount deducted from his/her salary to that
fund and interest as well as profit accrued therein and therefrom.
(5) Other provisions relating to the management and
operation of the amounts to be deposited in the gratuity and pension
fund set up pursuant to Sub-section (1), procedures for the deduction
of funds, payment of fund deducted amounts for purposes of gratuity
and pension and fund deductions shall be as prescribed.
• 39C. Special provision of family pension : (1) Notwithstanding
anything contained elsewhere in this Act, if any civil employee in
the course of duties specified by the government for the work
performance dies due to insurgency and his/her service period is less
than Twenty years, the pension as per this Act shall be provided to
the husband or wife by adding remaining service period.
(2) The person receiving pension pursuant to Sub-section (1)
shall not receive family pension or gratuity pursuant to Section 39.
(3) If person receiving pension as per this Section marries
with other, he/she shall not receive such pension.
(4) While increasing the salary of the civil employee, Two
third amount of the increased salary shall be added to the person
receiving the family pension.
(5) If the person receiving pension as per this Section dies or
he/she marries with other, such pension amount shall be provided to
minor son, daughter, if any, of the deceased employee until they
attain majority.
• 39D Special economic facility : If a civil employee dies while in
service, his/her near heir shall be provided with a lump sum of One
Hundred Fifty Thousand Rupees.
40. Reference of salary : (1) Wherever in this Chapter and in Chapter
5, a reference of salary is made, it shall mean the concerned civil
employee’s salary amount (including salary increment) for the time
being.
(2) For purposes of Sections 36 and 37, the term “last salary”
shall mean the concerned employee’s salary at the time of his/her
retirement, and if any civil employee has been on extra-ordinary
leave or under suspension at the time of such retirement, the amount
of full salary shall be computed even for such period.
? 40A. Provisions relating to insurance facility : (1) The Government
of Nepal shall establish a fixed term (Sabadhik) life insurance fund
for the civil employee insurance.
(2) A sum of Two Hundred Rupees shall be deducted from the
monthly salary of each civil employee and deposited in the fund
pursuant to Sub-section (1), and the Government of Nepal shall add
the amount equal thereto and make the Twenty year term life
insurance for the insured sum of One Hundred Thousand Rupees.
From the amounts deposited in that insurance fund, the insured sum
and bonus shall be paid to the employee at the time of his/her
retirement.
(3) If any civil employee who has made deduction pursuant to
Sub-section (2) dies before the completion of Twenty years of
service period, an amount of One Hundred Thousand Rupees shall
be provided to his/her family. The following amount shall be
provided to the compulsory retired civil employee.
(a) Ten Thousand Rupees for deducting the amount
of less than One year.
(b) Twenty Five Thousand Rupees for deducting the
amount of more than One year and less than Five
years.
(c) Fifty Thousand Rupees for deducting the amount
of more than Five year and less than Ten years.
(d) Seventy Five Thousand Rupees for deducting the
amount of more than Ten year and less than
Fifteen years.
(e) One Hundred Thousand Rupees for deducting
the amount of more than Twenty years.
Provided that, if the deposited amount,
interest and dividend be higher than the above
mentioned amount, the higher amount shall be
provided from the fund.
(4) If any civil employee who has made deduction pursuant to
Sub-section (2) retires from the service for any reason whatsoever,
prior to the twenty years deduction of amount, an amount equal to
the surrender (Samarpan) value shall be provided to such employee.
(5) Notwithstanding anything contained in sub-sections (2)
and (3), the retired employee shall provide continuity as maturity to
the fixed term life insurance amount in twenty or less than Twenty
years.
Provided that, Government of Nepal shall not provide any
amount for the same.
(6) Other provisions relating to the fixed term life insurance
fund shall be as prescribed.
▲ 40B. Provisions relating to study, training or study tour : (1) The
concerned Ministry, Commission or Secretariat shall, in order to
send the employees under it for study, training or study tour, prepare
a description thereon and forward it to the Ministry of General
Administration each year.
(2) The Ministry of General Administration must, upon
receipt of the description pursuant to Sub-section (1), specify the
number on subject-wise basis for study, training or study tour and
forward a description thereof to the National Planning Commission.
(3) There shall be a committee as follows to allocate the
opportunities of study, training or study tour received by the
National Planning ? Commission and other governmental institution
in the name of Government of Nepal to all the services
proportionately:
(a) Chief Secretary of the
Government of Nepal
Chairperson
(b) Secretary at the Ministry of
Finance
Member
(c) Secretary at the National
Planning Commission
Member
(d) Secretary at the Ministry of
General Administration
Member
Secretary
(4) The Ministry of General Administration shall distribute
opportunities as per the decision of the committee referred to in
Sub-section (3)
(5) The criteria for making nomination for a study, training or
study tour shall be as prescribed.
▲ 40C.Period for which service to be done upon completion of
study, training or study tour : Any civil employee who pursues a
study, training or goes on a study tour on the nomination of
Government of Nepal must, upon completing such a study, training
or study tour, serve in the Ministry or Office where he/she was in
service before going on for such study, training or study tour for up
to the period as mentioned below in a compulsory manner, subject to
this Act:
Period of study, training or Minimum period for which
study tour service is to be done
(a) Up to Three months 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
? 40D. Bond to be executed : (1) Any civil employee shall, before going
for having study, training or study tour, by the nomination of
government, execute a bond to the effect that he/she shall return
upon completing such study, training or study tour and carry out
service as referred to in Section 40C.
(2) If any civil employee does not return to the service after
completing the study, training or study tour or does not complete the
period of service required to be carried out under Section 40C., the
salary, allowances received by him/her during the period of the
study, training or study tour and other amounts mentioned in the
bond, as well, shall be realized from such employee as government
dues if such salary, allowances and other amounts be not returned
within the prescribed period.
(3) Any civil employee who, upon obtaining the prior
approval of the competent, has gone to carry out study, training or
study tour, shall execute a bond to the effect that he/she shall carry
out service as equal to the study training or study tour after the
completion of study, training or study tour.
(4) If a civil employee who has gone for study pursuant to
sub-sections (1) and (3) does not come for service or does not
complete the service period, the duration of such study, training or
study tour shall not be counted in service period of such employee.
(5) Notwithstanding anything contained elsewhere in this
Section, if an employee who has gone for study, training or study
tour gets compulsory retirement or dies, any amount shall not be
forfeited from him/her or him/her family for the non-completion of
service pursuant to Section 40C.

Chapter 7 Conduct

Chapter 7 Conduct
41. Punctuality and regularity : Each civil employee must attend his/her office regularly during the time appointed by Government of Nepal and must not remain absent from the duty without having prior sanction of leave as far as possible.

42. Discipline and obedience :

(1) A civil employee must remain in discipline and perform his/her duties with honesty and readiness.
(2) A civil employee must expeditiously carry out any orders given by his/her superior officer on matters relating to governmental business.
(3) A civil employee must show due respect to all the employees superior to him/her and treat his/her subordinate
employees properly.

43. Restriction on using political or undue influence : No civil employee shall, with intention to satisfy his/her personal interests on matters relating to his/her service, exert or attempt to exert any political or other undue influence over any other civil employee.

44. Restriction on taking part in politics : No civil employee shall take part in politics.

45. Restriction on criticizing Government :

(1) No civil employee shall, on his/her real or pseudo name or anonymity, publish any  feature article, provide any news to the press, broadcast a speech through radio or television etc., make any public speech or publish
any statement in such a manner as to be contrary to the policies of Government of Nepal or to undermine the mutual relationship between Government of Nepal and the people or the relationship with any foreign country.
(2) Notwithstanding anything contained in Sub-section (1), it shall not bar the publishing or broadcasting of any feature article in such a manner as not to be contrary to the prevailing law and the policies of Government of Nepal.

46. Restriction on publishing news relating to governmental business : No civil employee shall, without being authorized by Government of Nepal, provide or divulge, directly or indirectly, to  any other unauthorized employee or non-governmental person or press any confidential matter which was known to him/her in the   course of performing the governmental duty or any matter prohibited by law or any document or news written or collected by
him/her. This restriction shall also be applicable to a person who has been relieved of the government service for any reason whatsoever.

47. Restriction on receiving gift, present, donation etc. and borrowing :

(1) No civil employee shall, without prior approval of Government of Nepal, accept a gift, donation, present or
gratification of any kind either by him/herself or through any  member of his/her family, or ask for donation or borrow any loan from any person concerned with any government business, in such a manner as to affect the government business in any manner.
(2) If any civil employee happens to receive any present from any foreign government or any representative of such foreign government, he/she must inform Government of Nepal about it and shall act accordingly as sanctioned.

48. Restriction on establishing and operating company and carrying on trade or profession : (1) No civil employee shall, without prior approval of Government of Nepal, carry out the following acts:
(a) To participate in the 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-section (1), a civil employee may carry out any literary, scientific or artistic works in a manner not to be contrary to the policies of Government of Nepal.

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

50. Restriction on agitation and strike : No civil employee shall perform an agitation, participate in a strike or entice anyone to  perform such acts in a manner to undermine the sovereignty and integrity of the Kingdom of Nepal, the law and order situation of the country, external relations and public decency, make contempt of court, create hatred among the peoples of various castes, tribes, religions, classes, regions and communities or aid and abet any crime.
51. Restriction on staging strike, detention and Gherao : No civil employee shall stage any strike or pen-down action and exert any pressure inflicting physical or mental suffering or entice other persons to commit such acts in a manner to cause hindrance or obstruction to any office or officer in the performance of the duties
required by law.

? 52. Restriction on making representation : No civil employee shall make representation on behalf of any person or group, except for making petition to the concerned body or official either by him/herself or through his/her attorney in respect of any grievance caused to him/her.
Provided that, nothing in this Section shall be deemed to bar the carrying out of any work regarding post responsibility of civil employee and representation on behalf of the authentic trade union of the civil employees formed pursuant to Sub-section (3) of Section 53.

? 53. Provision relating to professional organization of civil employees :

(1) The civil employees may form an organization under the provisions of this Act.
(2) The following provisions shall be complied with while forming the trade union pursuant to Sub-section (1).
(a) The employees of gazetted third class or lower than that except the gazetted class employees who work as the head of the office, may form a trade union of civil employees at the national level and receiv membership for their professional entitlement and welfare.
(b) The registration of the trade union of civil employees shall be made in the Department of
Labour and Employement Promotion.
(3) The authentic trade union of civil employees shall be formed as follows:
(a) The member of the trade union of civil employees as formed pursuant to Sub-section (1)
may form authentic trade union of civil employees with appointing officials.
(b) The authentic trade union of civil employees shall have the right to submit own professional
demands and conduct social dialogue and collective bargaining at the concerned institution
at the district, departmental and national levels.
In the case of not forming the authentic trade union of civil employees, the trade union of civil
employees formed pursuant to Sub-section (1) may conduct collective bargaining with mutual
consent of each other.
(c) The other provisions relating to authentic trade union of civil employees shall be as prescribed.
(4) The functions, duties and powers of the trade union of civil employees shall be as follows:
(a) The duties of the trade union of civil employees formed pursuant to sub-sections (1) and (3) are
to provide suggestion and assistance to the Government of Nepal about effective and dynamic civil service while taking account of the protection and promotion of employees’ right and interest.
(b) The trade union of civil employees may conduct creative and artistic work along with asembly,
training and symposim.
(c) The trade union of civil employees shall have the right to form association, receive
membership of such association, receive membership of an international association and
represent on behalf of the association.
(5) The Government of Nepal may take suggestions from the authentic trade union of civil employees while making law relating to civil service.
(6) The competent authority shall have to manage the transfer of the officials of the authentic trade union of civil employees and national level trade unions formed pursuant to Sub-sections (1) and
(3) on their demand to their appropriate working area.
(7) The tour up to thirty days in one year may provide to the central officials and members of the national level trade union formed pursuant to Sub-sections (1) and (3) to participate a seminar,
workshop, assembly, work related with the organization at the domestic and international level without causing financial obligation to the Government of Nepal .
(8) The other provisions of registration, condition thereon and process relating to trade union of civil employees shall be as prescribed.

54. Statement of property : Each civil employee must submit a
statement of his/her property.

• 54A. Prohibition on torture : (1) No civil employee shall subject any
one to torture.
(2) No civil employee shall commit sexual abuse.
• 54B. Other conduct : (1) In discharging duties in his/her office, a civil
employee must treat all in a decent manner.
(2) The civil employee must bear the responsibilities which
may arise according to his/her office and post and perform works in
an impartial, fair, efficient and prompt manner.
(3) The civil employee must not use or consume any
government property for domestic use.
(4) The civil employee must not depute any government
employee, appointed as to get salary by the government service to
domestic work except office work.

• 54C. Treatment to stakeholders : (1) The civil employee must accord
decent treatment to the stakeholders related with his/her works.
(2) A clear information, inter alia, on the matters and process
related with the work of the stakeholders and the time required to
perform the work must be given to the stakeholders in due time.

55. To keep conduct compatible with own service and post : Each civil employee must also keep his/her conduct compatible with his/her service and post.

▲ 55A. Powers to warn : If any civil employee is not punctual, does not carry out the order given by the employee superior to him/her on matters relating to any government business or becomes reckless or slow on office works, the concerned supervisor may give a warning to such an employee, with setting out the reason therefor; and records thereof must be maintained in the sheet roll/personal details file of the concerned employee.

Chapter 8 Service Security

Chapter 8 Service Security
56. Security of service of civil employee : No civil employee, other than the following civil employee, shall be removed or dismissed from the civil service without providing him/her with a reasonable opportunity to furnish proofs his/her defense:
(a) Who has been convicted by a court of a criminal offence involving moral turpitude,
(b) Who is holding a temporary post,
(c) Who has disappeared and whose whereabouts are not known or there are sufficient grounds that it is not possible to establish contact with him/her.
• (d) Who is convicted by a court of a corruption charge.

57. Saving of civil employees :

(1)No case may be instituted against any civil employee in respect of any government business performed
by him/her considering it to be the carrying out of the duties of his/her post, without fulfilling the procedures as mentioned in Sub- section (2).
(2) In order to institute a case against any civil employee pursuant to Sub-section (1), an approval of the Authority shall be required in respect of a criminal case; and the following matters have to be observed in respect of a civil case:
(a) Two months have elapsed after a written notice stating the reasons for instituting the case and
the name and address of the plaintiff and of his/her attorney, if any, has been delivered to the
Authority or the concerned civil employee or sent by post through a registered mail and a copy
of such notice has been submitted to Government of Nepal.
(b) The case has been filed within eight months from the date of cause of action.
(3) In respect of any act performed by any civil employee in
the course of discharging the duties of his/her post while he/she was
incumbent, no case may be instituted against him/her without the
approval of Government of Nepal, even after the termination of
his/her service.
(4) If Government of Nepal gives approval to institute a case pursuant to Sub-section (3), Government of Nepal shall defend on his/her behalf.

58. Security of conditions of service : The conditions of service relating to salary, gratuity, pension and other facilities of any civil employee prevailing at the time of his/her appointment shall not, without his/her consent, be so altered as to cause adverse effects on him/her. If any subsequent amendment causes adverse effects, in any manner, on such conditions of service of any civil employee who is already incumbent prior to such amendment, such amended
provisions shall not be applicable to him/her in absence of his/her written consent to the application of such provisions.

Chapter 9 Punishment and Appeal

Chapter 9 Punishment and Appeal
59. Punishment : A civil employee may be subjected to the ? department punishment as follows, if there exist appropriate and sufficient reasons:
(a) Ordinary Punishment :
(1) Censure,
(2) Withholding of promotion for up to two years or withholding of a maximum of two salary increments,
(3) Withholding of promotion for two to five years, or withholding of a maximum of two to five salary
increments,
(b) Special punishment :
(1) Removal from service, without being disqualified for government service in the future.
(2) Dismissal from service, with being disqualified for government service in the future.

60. Censure or withholding of promotion for up to two years or withholding of a maximum of two salary increments :
Punishment of censure or withholding of promotion for up to two  years or withholding of a maximum of two salary increments may be imposed on a civil employee, in any of the following circumstances:
(a) If his/her performance did not found satisfactory,
(b) If he/she fails to hand over the charges pursuant to the prevailing law,
(c) If he/she is given warning for up to two times a year under Section 55A.,
(d) If he/she violates the matters relating to conduct mentioned in this Act and the Rules framed hereunder,
(e) If he/she fails to observe any direction given by the official superior to him/her in respect of his/her frequent disregard of grievances and complaints of the stakeholders,
(f) If the office-bearer obliged to enforce, or cause to be enforced, the job description fails to do so.
• 60A.Withholding of promotion for two to five years or withholding of a maximum of two to five salary increments
or demoting to the basic scale of the post : Punishment of withholding of promotion for up to five years or withholding of a maximum of five salary increments or demoting to the basic scale of the post held by him/her may be imposed on a civil employee, in any of the following circumstances:
(a) If he/she commits breach of discipline,
(b) If he/she violates the matters relating to conduct mentioned in this Act and the Rules framed hereunder,
(c) If he/she fails to settle advances pursuant to the prevailing law,
(d) If he/she fails to observe any direction given in respect of irregularities found from management audit.
(e) If he/she frequently absent in the office without prior notice.

61. Removal or dismissal from service :

(1) A civil employee may  be removed from serve, without being disqualified for government
service in the future, in any of the following circumstances:
(a) If the civil employee fails to perform the duties or responsibilities of his/her post due to his/her
own incapacity.
(b) If he/she frequently violates the matters relating to conduct.
(c) If he/she frequently consumes alcoholic substances during the office hours.
(d) If he/she frequently commits acts of indiscipline.
(e) If he/she takes part in politics.
(f) If he/she frequently neglects the responsibilities of his/her post.
(g) If he/she absents himself/her from his/her office continuously for ninety days without having
sanction of a leave.
(2) A civil employee may be dismissed from service, with being disqualified for government service in the future, in any of the following circumstances:
(a) If he/she is convicted by a court of a criminal offence involving moral turpitude.
(b) If he/she commits corruption.
• 61A. Special provisions relating to departmental action and punishment : (1) Notwithstanding anything contained elsewhere in  this Act, if, pursuant to the Commission for the Investigation of Abuse of Authority Act, 2048 (1991), that Commission, and, pursuant to the prevailing law, the concerned body writes for departmental action against any civil employee, departmental punishment must be imposed accordingly, after fulfilling the required procedures.
(2) Notwithstanding anything contained elsewhere in this Act, if any civil employee is found absent in office without approved leave, he/she may be registered as absent and his/her salary may be deducted. Such period shall not be counted in the service period.
(3) Notwithstanding anything contained elsewhere in this Act, no office-bearer shall allow a civil employee who remains absent for a period exceeding ninety consecutive days to attend the office, by marking him/her as non-attendant. Departmental action shall be taken against the office-bearer who so allows office attendance; and
the salary and allowances, as well, received by the employee who has been so allowed to attend the office shall be realized from the office-bearer who has so allowed office attendance as governmental dues.

62. Departmental punishment awarding official :

(1) The following authority shall have the powers to issue order of punishment to the civil employee pursuant to Clause (b) of Section 59.
(a) The Government of Nepal for the employee working in first class and above that post.
(b) Concerned institution special class official for the employee working in gazetted second and
third class.
(c) Concerned institution departmental head or gazetted head of the office for the non gazetted
civil employees.
(2) The authority to issue order of punishment pursuant to Clause (a) of Section 59 shall be as prescribed.

63. Delegation of powers to award departmental punishment :
Government of Nepal may, by a Notification in the Nepal Gazette, delegate the powers of any official empowered to issue order of punishment pursuant to Section 62 to any other official specified in that Notification, to be exercised for such period as specified in that  Notification.

64. Powers to suspend :

(1) If the investigation of any charge mentioned in Section 61 is to be conducted in respect of any civil
employee, the official empowered to issue order of punishment may suspend such a civil employee until the conclusion of the investigation.
Provided that, generally suspension shall not be ordered unless the following circumstance exists:
(a) Where there is a possibility that he/she can collect false evidence or conceal any evidence
against him/her if he/she is not suspended and is allowed to carry out the duties of his/her post, or
(b) Where there is a possibility of governmental loss or damage if he/she is not suspended and is
allowed to carry out the duties of his/her post.
(2) The official empowered to issue order of punishment to a civil employee may give a notice of the charge to him/her on his/her removal or dismissal from service, and may also suspend him/her.
(3) In suspending a civil employee pursuant to Sub-section (1), he/she must not be suspended ordinarily for more than two months. The action against the employee must be completed within that period. If such action cannot be completed within that period because of the occurrence of any extra-ordinary circumstance and
the period of suspension has to be extended, the period of suspension may be extended for up to one month with the prior approval of the Authority.
(4) Any civil employee arrested and detained for a criminal charge involving moral turpitude shall be deemed to have ipso facto been suspended during the period of such detention.

65. Termination of suspension : If any civil employee is reinstated in his/her post or ▲ the period as referred to in Sub-section (3) of Section 64 is completed or he/she is removed or dismissed from
service, his/her suspension shall stand terminated.

66. Providing opportunity for defense : (1) The official empowered to issue order of departmental punishment must, prior to issuing an order of punishment to any civil employee, serve on him/her a
notice, explaining the reason for taking such action and give an opportunity to defend him/herself within a reasonable time limit. In giving such opportunity, the charge against him/her must be clearly
indicated and the facts and grounds on which each charge is based must be specified. In such case, the concerned employee must also submit his/her defense within the time limit; and the concerned official must seriously consider the defense so submitted.
(2) The official empowered to issue order of departmental punishment may, if he/she thinks it necessary, conduct an
investigation either by him/herself or through any other officer. The officer conducting the investigation must follow the prescribed  procedures.

67. To propose punishment prior to issuance of order of special punishment : If the concerned civil employee does not submit defense under Section 66 or if the defense submitted by such employee is not satisfactory, the official empowered to issue order of departmental punishment must, prior to issuing an order of special punishment, ask such civil employee to furnish an explanation why the proposed punishment intended to be imposed
on him/her should not be imposed on, within a reasonable time limit in this respect.

68. Seeking consultation of Public Service Commission : If it appears that the defense submitted under Section 66 or the explanation furnished under Section 67 by the concerned civil employee in the course of action on departmental punishment is not satisfactory and punishment is to be imposed on such employee, the official empowered to issue order of departmental punishment must propose the punishment intended to be imposed on that employee
and seek consultation of the Public Service Commission.

69. Constitution, functions and duties of Administrative Court :
(1) An Administrative Court shall be constituted, as prescribed, under the chairpersonship of a person who is a sitting or a retired judge of the Appellate Court, in order to hear appeals against the decisions of the official empowered to issue order of departmental punishment ? —–.
• (1a) Notwithstanding anything contained in Sub-section (1), where an appeal against the order of punishment as referred to in Clause (a) of Section 59 has been filed with any official at the time of commencement of this Section and yet to be settled, such appeal must be settled by the official with whom it has been filed.
(2) The decision made by the Administrative Court shall be final.
(3) If, on the final settlement of an appeal under this Section in regard to any civil employee, his/her service is to be reinstated by virtue thereof but he/she does not appear within three months from the date of receipt of a notice of that decision, it shall not be mandatory to reinstate him/her in the service.
(4) Other functions and duties of the Administrative Court and the procedures to be followed by the Court while exercising its jurisdiction or while performing its other functions shall be as prescribed.
(5) The appellant may, if he/she so wishes, appear on the appointed days either in person or by his/her attorney and may have his/her case pleaded by a legal practitioner.

70. Decision not to be affected : No decision shall be affected by any minor error which does not cause substantial effects on the action against a civil employee conducted by the competent authority pursuant to this Act or the Rules framed hereunder.

Chapter 10 Miscellaneous

Chapter 10 Miscellaneous
71. Leave to which civil employee is entitled : The civil employees shall be entitled to the following leaves, as prescribed:
(a) Casual and Festival Leave;
(b) Home Leave;
(c) Sick Leave;
(d) Maternity Leave;
• (d1) Maternity Care Leave;
(e) Obsequies Leave;
(f) Study Leave;
(g) Extra-ordinary Leave;

• 71A. Unpaid Leave :

(1) If the husband or wife of any civil employee is deputed to the foreign based Nepalese Embassy or mission, such
civil employee shall get unpaid leave as prescribed.
(2) The unpaid leave pursuant to Sub-section (1) shall not be  counted in the period of service.

72. Delegation of powers :
? (1) Government of Nepal may, by a Notification in the Nepal Gazette, so delegate the powers conferred
to it by this Act that such powers may be exercised by the civil employee or official specified in that Notification.
Provided that, no powers conferred by this Act may be delegated by any Act, other than this Act..
(2) Any official may so delegate the powers conferred to him/her by this Act to his/her subordinate civil employee that such powers are to be exercised under her/his general supervision.
▲ 72A. Management audit : Except in the matters within the domain of the Public Service Commission, the Ministry of General Administration may supervise, monitor and evaluate as to whether
the civil employees in service in different bodies of the Government of Nepal have abided by the prevailing law and other administrative rules and procedures and give direction, and if, in making such
supervision, it appears that departmental action is to be taken against any civil employee, it may also recommend such action; and  it shall submit an annual report thereof to the Government of Nepal.

? 73. Full salary and allowance to be received on being reinstated in civil service :

(1) If any civil employee is re-instated in the civil service upon annulment by the court of the order of his/her
retirement, removal or dismissal from civil service, such employee shall be entitled to the salary, allowances, • Festival expenses as well as increment in salary, if any, receivable, from the date of his/her retirement, removal or dismissal from civil service to the date of his/her re-instatement in the civil service.
(2) If any civil employee who was retired or removed or dismissed from civil service prior to 4th Jestha of the year 2050 (17 May 1993) is reinstated in the civil service by a court order issued after that date, such employee shall also be entitled to the salary, allowance and increment in salary pursuant to Sub-section (1).
• 73A. Provisions relating to disadvantage, grievance of civil employees and handling thereof : (1) Except in cases where a civil employee may file a complaint or appeal elsewhere pursuant to this Act and the prevailing law, if the civil employee thinks that he/she has suffered disadvantage in the service, conditions and facilities provided under this Act and the rules framed hereunder and in any matter concerning the employee or if no action has been
taken even after informing the concerned body about the same, such employee may present, as prescribed, the disadvantage and grievance which he/she has suffered to the prescribed body.
(2) Other provisions relating to disadvantage, grievance of civil employees and handling thereof shall be as prescribed.
• 73B Establishment and operation of employee welfare fund : (1) There may be established as prescribed a welfare fund for the welfare of working civil employees, retired persons and their family members.
(2) The operation and management of the fund established pursuant to Sub-section (1) shall be as prescribed.
• 73C. Provision relating to employee to Royal Palace Service : (1) The employee working in Royal Palace Service at the time of commencement of this Act, shall be administered and managed by a separate regulation.
(2) The Royal Palace Service Act, 2029 and Rules made thereunder are hereby repealed.

74. Handing over charge : Any civil employee required to hand over the cash, goods in kind or documents required to be handed over by him/her must hand them over to the concerned employee within the prescribed time-limit, and the person required to take them over must take them over within that time-limit.

75. Power to frame rules : Government of Nepal may, in order to implement the objectives of this Act, frame rules to be generally  applicable to all the civil services or to be severally applicable to
different services or groups.

76. Repeal and saving :

(1) The Civil Service Act, 2013 (1957) in hereby repealed.
(2) All the acts done and actions taken pursuant to the Civil Service Act, 2013 (1957) and the rules framed thereunder shall be deemed to have been done and taken under this Act.
Note: 1. An Act made to Amend Some Nepal Laws, 2063 has changed the words “His Majesty’s Government into
“Government of Nepal” instead of.”
2. Sections 64 and 65 of the Civil Service (Second Amendment) Act, 2064 shall be as follows.
64. To maintain ipso facto in the changed service : The service of the employees and officers working and
being maintained in the Auditor General Office as per Section 9 of the Audit Act, 2048 at the commencement of
this Act shall be ipso facto maintained in the service pursuant to Clause (e1) of Section 3 and those officers and
employees shall ipso facto be changed in the same class.

65. Repeal and saving :

(1) Section 9 of the Audit Act, 2048 has been repealed. (2) All acts preformed or actions taken from the
17 th Aashad of the year 2063 to the earlier date of the commencement of this Act shall be deemed to have
been performed or taken under this Act.
(3) The prevailing provisions before of 30 th Aashad of the year 2062 shall continue to apply until
the provisions relating to promotion on ground of work efficiency commence

Army Act, 2063 (2006)

Army Act, 2063 (2006)
Date of Authentication and Publication
2063.6.12 (28 Sept. 2006)
Amendment,
Republic Strengthening and Some Nepal 2066.10.7
Laws Amendment Act, 2066 (2010) 1 (21 Jan. 2010)
Act Number 7 of the Year 2063 (2006)
An Act to provide for the Amendment and Unification of the Laws
relating to Nepal Army
Preamble : Whereas, the sovereignty of Nepal is inherent in the people of Nepal as the result of the historical peoples movement and the source of sovereign authority is vested in the people of Nepal;
Whereas, it is expedient to amend and consolidate the prevailing laws  relating to the establishment, arrangement, control, use and mobilization of the Nepal Army for making the Nepal Army accountable to the people of Nepal;
Now, therefore, be it enacted by the House of Representatives in the First year of the issuance of the Declaration of the House of Representatives, 2063.

Chapter -1 Preliminary

Chapter -1 Preliminary
1. Short title and commencement:

(1) This Act shall be called the “Army Act, 2063 (2006)”.
(2) This Act shall come into force immediately.
2. Definitions : In this Act, unless the subject or context otherwise requires:
(a) “Nepal Army” means the collective organization of the persons recruited in the Nepalese Army under this Act or any part thereof.
(b) “Force” means an organized form or group formed with a particular objective by the Government of Nepal within the Nepal Army.
(c) “Engagement in military operation” means any of the following:
(1) Working as a part of or in affiliation with the Nepal Army during engaged in an operation against an enemy,
(2) Engagement in an military operation in a territory or area controlled by an enemy in whole or in part, or working as a part of or affiliated with the Nepal Army moving towards such territory or area,
(3) Engagement as a part of or affiliation with the Nepal Army which is taken hostage by the Military of a foreign country, or
(4) Involvement in the maintenance of internal security as a part of or affiliated with the Nepal Army engaged against any individual or group who are conducting or are suspeced or conduct destructive or violent activities with or without arms.
(5) Declaration as “engagement in military operation” by the Government of Nepal in accordance with Section 135.
(d) “Chief of the Army Staff” means the Chief of the army staff of the Nepal Army appointed as referred to in Section 8.
(e) “Officer” means an officer of the Nepal Army above the rank of Junior Commissioned Officer (Padik), and this term also includes similar officers of the reserve force (Jageda Bal).
(f) “Junior Commissioned Officer” means Subedar-Major, Subedar and Jamdar, and this term also includes similar rank of the reserve forces.
(g) “Commanding Officer” means any of the following officers:
(1) the head of the Unit, Sub-unit, or (2) the officer who commands the Tukadi of the Unit or Sub-unit
during the period of deployment respectively, or (3) the Commanding Officer of any Corps (Chamu), Detachment
Department in respect to the person under Clause (b) of Sub- section (1) of Section 3 who is affiliated therein,
(4) the officer who is nominated or designated by the officer who commands the force in which the person is currently working at the time when one has no involvement elsewhere in Sub- clause (3).
(5) the officer who commands the concerned force if no officer has been designated or nominated in accordance with Sub- clause (4).
(h) “Non-commissioned Officer (Billadar)” means Corporal (Hudda), Corporal (Amaldar), Lance Sergeant (Pyuth), and this term also  includes the person of similar rank of an organized force established for a particular purpose.
(i) “Corps (Chamu)” means the separate Unit specified as a corps within the Nepal Army.
(j) “Division (Pritana)” means a separate Unit specified as a “Division” within the Nepal Army.
(k) “Brigade (Bahini)” means a separate Unit specified as a “brigade” within the Nepal Army.
(l) “Battalion (Gan)” means a separate Unit specified as “Battalion” within the Nepal Army.
(m) “Commander (Pati)” means the position from officer to non- commissioned officer.
(n) “Immediate Senior officer” means the senior officer closet in rank, and for this purpose this term also includes Junior Commissioned Officer (Padik barg) and Non-commissioned Officer (Billadar).
(o) “Offence” means the act defined as offence pursuant to Chapter-7.
(p) “Enemy” means an armed mutineer, armed person who committed treason, armed person involved in disorder or armed dacoit and any armed person who is subject to action by a person to whom this Act
is applicable.
(q) “Court Martial” means the General Court Martial, Summary General Court Martial, District Court Martial, `Summary Court Martial pursuant to Section 67 and Special Court Martial pursuant to Section 119.
(r) “Committee” means Military Welfare Fund Operation and Management Committee as referred to in Section 29.
(s) “Welfare acts” means acts of providing insurance, medical treatment, health, scholarship, residence, operating canteens for the welfare of incumbent (serving) and ex-military (retired) personnel and their families, and this term also includes establishing schools and universities and operating them.
(t) “Welfare planning” means income generating acts which support welfare acts and this term also includes infrastructure and service oriented projects, financial institutions and providing loans or investing shares as prescribed in the industrial profession.
Provided that, such an investment shall not be made as a promoter (Prabardhak).
(u) “Income generating acts” means acts of generating income for the purpose of supporting the welfare acts by investing in an institution after obtaining permission in accordance with prevailing law.
(v) “Chief of Military Police” shall means the Chief of Military Police appointed pursuant to Section 78 and this term also includes a person who exercise power, under his/her supervision, in accordance with
law on his/her behalf.
(w) “Judge Advocate General Department (Prad Viwak)” means the person who is represents the Court Martial as the Judge Advocate General pursuant to Section 81.
(x) “Other court” means other courts constituted in accordance with prevailing laws except the Court Martial.
(y) “Departmental action” means the departmental action to be imposed pursuant to Section 105.
(z) “Prison” means a prison in accordance with prevailing laws relating prison and this term also includes a military prison pursuant to Section 136.
(aa) “Order” means an order issued by an authorized officer pursuant to this Act and Rules framed thereunder.
(bb) “Prescribed” or “as prescribed” means prescribed or as prescribed pursuant to this Act and Rules framed thereunder.
3. Persons under the jurisdiction of this Act:

(1) The following persons shall be under the jurisdiction of this Act:
(a) Persons recruited in the Nepal Army under this Act;
(b) Other persons assigned for some acts, or persons in the service of the Nepal Army staying in a camp or in a
march for military operation, or staying in an area  declared by the Government of Nepal as a military
operation zone; or civilian persons who assist the works of Nepal Army,
(c) Persons selected for recruitment in the Nepal Army.
(2) A person pursuant to Clause (b) of Sub-section (1) shall be considered to have been under the command of the commanding officer of his/her department, formation or unit.
(3) If a person pursuant to Clause (b) of Sub-section (1) is not engaged under the command of a commanding officer of any department, formation or unit, he/she shall fall under the command of an officer who is
designated or nominated by the commanding officer of the force in which he/she is currently engaged for the time being, or of a commanding officer of the concerned force if such officer is not designated or nominated.
(4) The commanding officer shall not depute a person pursuant to Clause (b) of Sub-section (1) under the command of a junior officer in a circumstance where the senior officer is available.
(5) If the person pursuant to Clause (b) of Sub-section (1) commits an offence outside the territory of Nepal, the jurisdiction of this Act shall prevail.
(6) An offence committed by the person pursuant to Clause (b) of Sub-section (1) against the citizen of a country in which he/she has been deployed in a peacekeeping mission of the United Nations shall fall under the jurisdiction of other courts.

Chapter-2 Establishment and Arrangement of Nepal Army

Chapter-2 Establishment and Arrangement of Nepal Army
4. Establishment and arrangement of the Nepal Army :

(1) The Nepal Army shall be established for the protection and Defence of the independence, sovereignty, territorial integrity and national unity of the state of Nepal.
(2) The Nepal Army at the time of commencement of this Act shall be deemed to have been established in accordance with this Act.
(3) The arrangement of the Nepal Army shall be regulated in accordance with this Act and the Rules framed thereunder and other matters shall be dealt with in accordance with the instructions issued by the
Government of Nepal.
5.
2 ……………….
2
Repealed by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.
6. National Defence Council: (1) 3 …………
(2) 4 ……………….
(3) In addition to the functions 5 as referred to in the Interim Constitution of Nepal, 2063 (2007), the functions, duties and powers of the National Defence Council shall be as follows:
(a) To make policies, plans and programmes relating to 6 mobilization, operation and use of the Nepal Army
and submit the same to the Government of Nepal,
(b) To submit recommendations relating to the number and organizational structure of the Nepal Army,
(c) To make necessary advice to the Government of Nepal relating to the management of the Nepal Army,
(d) To submit necessary advice to the Government of Nepal relating to the management of arms, weapons
and other military equipment of the Nepal Army,
(e) To perform other acts as prescribed.
(4) The Secretary at the Ministry of Defence shall perform as the Secretary of the National Defence Council. In his/her absence, an officer as designated by the Prime Minister shall perform this function.
(5) There shall be a Secretariat within the Ministry of Defence to  carry out the acts and proceedings of the National Defence Council. Other arrangements of the Secretariat shall be as prescribed.
(6) The procedures of the meetings of the National Defence Council shall be as determined by the National Defence Council itself.
7. Organizational Structure : (1) The composition of the Nepal Army shall be inclusive and it shall have national characters.
(2) The Government of Nepal shall make necessary policies, plans and programmes for the implementation of the provisions of Sub-section (1).
(3) The organizational structure and number of positions in the Nepalese Army shall be as determined by the Government of Nepal.
Provided that, there shall be only one position of General (Maharathi) and the same General (Maharathi) shall be appointed for the post of the Chief of Army Staff.
(4) In the organization of the Nepal Army there shall be a Chief of Army Staff and other positions as referred to in Schedule-1.

Chapter-3 Appointment, Functions, Duties and Powers of Chief of Army Staff

Chapter-3 Appointment, Functions, Duties and Powers of Chief of Army Staff
8. Chief of Army Staff:
7 (1) The President shall appoint Chief of Army staff on the recommendation of the Council of Ministers. The President shall provide him/her the insignia (Darjani Chinha).
(2) The Chief of Army Staff shall be the Chief of the Nepal Army.
(3) In a case of vacancy of the post of the Chief of Army Staff due to  leave or any reasons, the Senior Officer of the Nepalese Army as designated
8 by the President on the recommendation of the Council of Ministers shall be the Acting Chief of Army Staff and perform the duties of the post.
9. Accountability to the Government of Nepal:

(1) The Chief of Army Staff shall be accountable to the Government of Nepal for the functions to
be carried out and duties to be performed by him/her.
(2) The Chief of Army Staff shall, before assuming the office, take an oath of office in a format as referred to in Schedule-2 before the 9 President.
10. Functions, duties and powers of the chief of Army Staff :

(1) The functions and duties of the Chief of Army Staff shall be to manage the Nepal Army, subject to the directions of the Government of Nepal and prevailing laws.
(2) The Chief of Army Staff shall submit an annual report relating to the management of the Nepal Army to the Government of Nepal every year within the month of Baishakh (Around April-May), and the Government of
Nepal shall present such annual report to the 10 Legislature-Parliament and the State Affairs Committee shall discuss on the report.
(3) Other functions, duties and powers of the Chief of the Army Staff shall be as referred to in this Act and as prescribed in the Rules framed thereunder.

11. Age bar and tenure of office:

(1) The Chief of Army Staff shall hold office until the age of Sixty One years.
(2) The term of office of the Chief of Army Staff shall be Three years subject to the provision pursuant to Sub-section (1).
(3) Notwithstanding anything contained in Sub-section (2), 11 the President on the recommendation of the Council of Ministers may, if deems necessary, remove the Chief of Army Staff before the completion of such
tenure. He or she shall be given an opportunity to defend him/herself, prior to such removal.
(4) The Chief of Army Staff who is holding office at the time of commencement of this Act shall continue his/her office subject to the provision pursuant to Sub-section (2).

Chapter-4 Appointment and Terms and Conditions of Service

Chapter-4 Appointment and Terms and Conditions of Service
12. Appointment and fulfillment of vacancy:

(1) A Recruitment Committee presided by the Chairperson of the Public Service Commission or a member of the Commission as designated by the Public Service Commission to recommend the officer level vacant post; and including a representative nominated by the Public Service Commission as a member to recommend for the vacant posts lower than officer rank of the Nepal Army, shall be formed as prescribed.
Provided that, no provision of this Section shall bar for taking examinations other than those examinations under the supervision of a representative nominated by the Chairperson of the Public Service Commission after completion of written examination conducted by the Committee as referred to in Sub-section (1)
(2) Other functions, duties and powers of the Recruitment Committee formed pursuant to Sub-section (2) shall be as prescribed.
(3) Other arrangements regarding the recruitment shall be as prescribed.
(4) The qualifications required for the appointment to different posts (rank) of the Nepal Army shall be as prescribed.

13. Ineligibility (Disqualifications):

(1) The following persons shall be deemed ineligible for appointment to the posts of the Nepal Army:
(a) Who is not a citizen of Nepal,
(b) Who is convicted by a court of a criminal offence involving moral turpitude,
(c) Who is removed from the service for being disqualified for government service in the future,
(d) Who is convicted in an offence of violating human rights,
(e) Who does not have the qualifications as referred to in Sub-section (4) of Section 12.
(2) Nothing contained in Clause (a) of Sub-section (1) shall be deemed to have prevented the Government of Nepal from receiving technical and expert services from non-Nepalese citizens for a short term.

14. Appointing Authority : Government of Nepal shall, on the recommendation of the Recruitment Committee pursuant to Section 12, appoint in the Officer level ranks and the prescribed official shall appoint in
other levels.

15. Commission : The Minister for Defence shall, subject to the provisions of this Act and the Rules framed thereunder, Commission the qualified officer of the Nepal Army.

16. Oath : A person appointed to a post of the Nepal Army shall take an oath as referred to in Schedule-2.

17. Tenure of office : (1) Except otherwise provided in Section 11, the age bar of officers of the Nepal Army shall be as referred to in Schedule-3.
(2) The tenure of office of the officers of the Nepal Army shall be as referred to in Schedule-4 subject to the provision of Sub-section (1).
(3) Notwithstanding anything contained in Sub-section (2), the Government of Nepal may extend the tenure of office of the officers as referred to in Schedule-5, on the recommendation of the Chief of Army Staff, for being his/her service necessary along with the reasonable grounds and reasons that an officer is physically capable (fit) even after contributing a long service to the Nepal Army.

18. Removing from the service and demotion from the rank :

(1) Government of Nepal may remove or dismiss a person serving in the Nepal Army from the service.
(2) The Commander-in-Chief may demote to a lower grade or rank or remove from the service to a person serving in Nepal Army other than an officer.
(3) The Commander of Corps (Chamu), Division (Pritana) or Brigade (Bahini) or a commander of an equivalent rank or an officer vested with equivalent authority may remove from service and demote to a lower
rank to a person under his/her command except to an officer or junior commissioned officer.
(4) The commanding officer of a Unit or Sub-unit may remove from service or demote to the lower rank to a Sergeant (Hudda) and other personnel of lower rank who are under his/her command.
(5) The powers conferred by this Section shall be exercised subject to this Act or the Rules framed thereunder.
(6) While taking action in accordance with this Section, an opportunity shall be provided for the defense.
(7) The commanding officer shall provide a certificate which includes the details as prescribed, if a person who falls under the jurisdiction of this Act and is removed or is to be removed from the service.

19. Restriction on establishing and operating organization or association :

(1) A person who falls under the jurisdiction of this Act shall not do the following acts:
(a) To establish, operate, accept membership or assist to a union, association or organization, or participate in a
programme organized by such union, association or organization.
(b) To participate or deliver speech to any assembly or to participate in any demonstration organized by any
person or groups for a political or other similar  purpose.
(c) To publish a leaflet, pamphlet or similar documents.
(2) Notwithstanding anything contained in Clause (a) of Sub-section (1), nothing shall be deemed to prevent a person who falls under the jurisdiction of this Act from assisting a religious, social, cultural and
entertainment union, association or organization or participating in a programme of such union, association or organization upon receiving an approval of the Government of Nepal and subject to the provision of this
Act.
20. Training and Induction: (1) A person to be included in the organization of the Nepal Army shall be provided trainings and inductions on topics including military education, ethics, physical exercise, human rights and
international humanitarian law.
(2) The arrangements of trainings and inductions pursuant to Sub- section (1) shall be as prescribed.

21. Promotion, leave and other terms and conditions of services : The appointment, promotion, leave and other terms and conditions of service and facilities of the Nepal Army shall be as prescribed.

Chapter-5 Privileges and Immunities

Chapter-5 Privileges and Immunities
22. Protecting the acts performed during the discharge of duties : If, someone suffers death or loss while a person under the jurisdiction of this Act is committing an act in the course of discharging his/her duties in good
faith, no case shall be filed against such person in any court.
Provided that, any of the offences as referred to in Sections 62 and 66 shall not be deemed to be an offence committed in the course of discharging duties in food faith.
Explanation: For the purposes of this Section, “committing any act,
in the course of discharging duties”, means an act committed during the
performance of duties and it includes any action taken for internal security
or self-defence, including flag march, patrolling and sentry (Chapate) duty.
23. Immunity from arrest: (1) The chairperson or member of Court Martial
or Judge Advocate General Department or a person related to the
proceeding to the Court Martial, legal counsel, attorney (waris) or witness
attending in accordance with the summons issued by the Court Martial,
shall not be arrested on the order of any court or quasi-judicial authority at
the time of entering into or returning from the Court Marital.
(2) If the information of arrest is received pursuant to Sub-section
(1), the Court Martial may request the concerned authority to release such
person immediately.
(3) If, a person under the jurisdiction of this Act engaged in military
proceedings, shall not be detained as per the judgment, decision or order of
any court or Quasi-judicial Authority, for a loan to be paid by him/her.
(4) If an information of arrest, who is not to be arrested pursuant to
Sub-section (1), is received the Court or Quasi-judicial Authority it shall
release such person immediately.
24. Not to Freeze or forfeit : Except the Court Martial, no arms, clothes,
military supplies, animal, vehicle and goods including salary, allowance of
a person under the jurisdiction of this Act, used in the course of discharging
the duties shall be freezed or forfeited, in full or partial, by the decision,
verdict or order of any other Court or Quasi-judicial Authority.
25. Immunity and privilege of the reserve force : A person belonging to
the reserve force shall have all the privileges and facilities as referred to in
Sub-section (3) of Section 23 and 24 while coming into and returning from
training or service when called by the Government of Nepal or serving in
the job.
26. Priority in the cases: (1) If a case has been registered in a any court or
office in which a person serving in the Nepal Army is a party, and he/she is
present to the court or office with the approval of his/her leave by the
concerned authority and if he/she submits an application to the court or
office requesting disposal of case before the end of his/her leave attaching
the leave approval letter and details of a case, the concerned court or office
shall list it in a priority hearing and order to finalize it before the end of
his/her leave.
(2) No fee shall be required for the application to be submitted as
referred to in Sub-section (1).
(3) If the disposal of a case cannot be made before the end of his/her
leave, the court or office shall inform the same.
(4) If a question is raised about a leave approving authority, the
decision of the Division Commander (Pritanapti) or Brigadie Commander
(Bahinipati) or officer of the same rank shall be final.
27. Complaint regarding any sufferings or injustice: (1) If an officer
under the jurisdiction of this Act is caused injustice on any matter by the
commanding officer or any senior officer, he/she may complain against
such grievance to his/her commanding officer.
(2) If a person is not satisfied with the decision made by the
commanding officer or Commander (Pati) to the complaint pursuant to
Sub-section (1), he/she may file an application to the Chief of Army Staff.
(3) A person below the rank of officer may file such a complaint to
the concerned Commander (Pati).
(4) If a complaint as referred to in Sub-section (3) is not heard by the
Commander (Pati), a complaint may be filed to the commanding officer
and if it is also not heard by the commanding officer or one is not satisfied
with such decision, a complaint may be filed to the superior officer than the
commanding officer; and if such complaint received, the commanding
officer shall provide a receipt thereof to the complainant and forward it to
the senior level. If the commanding officer fails to forward such complaint
to the senior level, he/she shall be liable for a disciplinary action.
(5) If a complaint is received pursuant to Sub-sections (1) and (4),
the complaint hearing authority shall examine the complaint and resolve the
problem, and shall forward the complaint to the superior level if so
required.
(6) If a complaint has to be filed against a person who hears a
complaint, it shall be filed to the officer superior to such officer.
(7) The decision made by the Chief of Army Staff on a complaint as
referred to in this Section shall be final.
(8) The procedures for the hearing shall be as prescribed.
(9) The Government of Nepal, if it deems reasonable, may review
the decision made pursuant to this Section.
28. No effect on facilities entitled in accordance with existing laws:
The facilities to be received as referred to in this Chapter shall not be
affected by other facilities received pursuant to the prevailing laws.

Chapter-6 Army Welfare Fund

Chapter-6 Army Welfare Fund
29. Establishment and operation of welfare fund:

(1) A welfare fund may be established for the welfare of incumbent and ex-personnel of the Nepal Army and their families.
(2) The following amounts shall be credited to the Fund as referred to in Sub-section (1):
(a) The amounts deducted in the prescribed percentage  from the fund received for rendering service by the
Nepal Army while deployed in peace keeping missions in any part of the world on the request of the United
Nations Organizations,
(b) The amounts saved from meeting the cost of welfare activities which are conducted from the interest of the
fund deposited in various Banks and financial institutions,
(c) The income amounts received from the investment on welfare activities as prescribed.
(d) The amounts deposited as the principal amount in various banks and financial institution from Aashad
2032 B.S. to the date of commencement of this Act and the interest received from those amounts.
(e) The movable and immovable property of the institutions prescribed by the Army Headquarters and
amounts increased therefrom.
(f) The movable and immovable property being used by the Nepal Army and amounts increased therefrom.
(3) There shall be a Seven member Army Welfare Fund Operation and Management Committee as following, to operate the welfare fund pursuant to Sub-section (1) comprising:-
(a) Chief of Army Staff Chairperson
(b) Two persons nominated by the Patron from amongst the serving and ex- Member
military officers
(c) Two persons nominated by the Chief of Army Staff from amongst the serving and ex-military officers Member
(d) Representative from the Ministry of Finance (gazetted first class officer) Member
(e) Representative from the Ministry of Defence (gazetted first class officer) Member
(4) There shall be a Welfare Planning Directorate in the Army Headquarters to assist the daily functions of the Committee. The functions, duties and powers of the Directorate shall be as prescribed.
(5) The amount as accumulated in the Fund pursuant to Sub-section (2) shall be expended for the welfare of serving and ex-personnel of the Nepal Army and their families.
Explanation: For the purpose of this Section “family” means husband or wife, son, daughter and mother and father; as well as mother-in- law and father-in-law in the case of female employees; whom the retired or
incumbent employee of the Nepal Army is responsible for taking care, 30. Patron of the welfare fund: The Prime Minister shall be the patron and the Minister of Defence shall be the joint patron of the fund.

31. Functions, duties and powers of the Committee : The functions, duties and powers of the Committee shall be as follows:
(a) To formulate, implement, coordinate and monitor on welfare activities, income generating activities as prescribed and welfare planning,
(b) To carry out welfare activities as required to the family of the Army personnel who were killed or seriously injured (Angabhanga) at the time engaging in the military activities,
(c) To reduce, increase or remove facilities and concessions under the welfare acts,
(d) To formulate and implement the procedures and guidelines relating to the welfare activities, income generating activities and welfare planning as required,
(e) To carry out welfare activities on the land and physical infrastructures of the Nepal Army upon entering into the
agreement with the Army Headquarters,
(f) To form administrative, financial and technical unit for welfare activities, income generating activities and welfare planning, to appoint necessary human resource for such unit and prescribe their terms of service and remuneration as per necessity,
(g) To appoint experts for the effective implementation of the welfare activities, income generating activities and welfare planning, and prescribe the terms of service and remuneration,
(h) To depute military personnel as per necessity for the security where welfare activities, income generating activities and welfare planning are launched,
(i) To receive, purchase, rent, use and sell movable and immovable property subject to this Act,
(j) To carry out other functions as prescribed.

32. Account of fund and audit:

(1) An account of daily income and expenditure of the fund shall be maintained in accordance with prevailing
law and the internal audit of the fund shall be made as prescribed by the committee.
(2) The final audit of the fund shall be made by the office of the Auditor General.

33. Submission of annual report: The Committee shall submit a report including income, expenditure and progress details to the patron, and provide a copy of it to the State Affairs Committee of the legislature every
year.
34. Delegation of powers: The Committee may delegate some of its powers conferred on it pursuant to this Chapter to the Welfare Planning Directorate as per necessity.

35. Situations for depriving from facilities and concessions:

(1) In the following circumstances the serving and ex-military personnel and their families may be deprived fully or partially of their entitlement to facilities and concessions relating to programmes conducted under the welfare
activities:
(a) If acts detrimental to the Nepal Army are proved to have been committed,
(b) If acts contrary to the Constitution and this Act is proved to have been committed,
(c) If the misuse of facilities and concessions entitled in pursuant to this Chapter is proved to have been
committed,
(d) If a penalty is imposed on an offence against state.
(2) Notwithstanding anything contained in Sub-section (1), only the serving or ex-military personnel or their family member who has committed an act referred to in 12 Sub-section (1) shall be deprived of the
entitlement of facilities and concessions relating to programmes conducted under the welfare activities.

36. Other arrangements: Other arrangements regarding the use, operation and management of the Army Welfare Fund shall be as prescribed