Chapter-3

Chapter-3
Terms and Conditions of Services

9. Post and Tenure of Service:

(1) There shall be an Armed Police Inspector General and other posts as prescribed in the Armed Police Service.
(2) The tenure of the Office of Armed Police Inspector General shall be Four years and the tenure of office of other Gazetted officers shall be as prescribed, as per necessity.

10. Filling of Vacancies:

Vacancies of the Armed Police Force shall be filled up as prescribed.

11. Armed Police Service Commission:

(1) There shall be an Armed Police Service Commission consisting of the following Chairperson and members to make recommendation to Authority empowered to appoint for appointment to the post of the Armed Police Services to be filled up by open competition:
(a) Chairperson of the Public Service Commission or a member of the Public Service Commission designated by him/her – Chairperson
(b) A person designated by Government of Nepal from amongst the Special Class Officer in the service of
Government of Nepal – Member
(c) Secretary, Ministry of Home Affairs – Member
(d) Representative (Special class), Nepal Army -Member
(e) Armed Police Inspector General -Member Secretary
(2) The tenure of the Office of the Chairperson and member shall be Four years and they shall be eligible for reappointment.
(3) Remuneration, terms and conditions of services and facilities of the Chairperson and member of the Commission shall be as prescribed.
(4) The commission shall make recommendation by examining appropriateness of candidate by a procedure and on the basis as prescribed to the authority empowered to appoint for appointment.
(5) The commission shall determine its procedure by itself.
(6) Other functions, duties and powers of the Commission shall be as prescribed.
(7) The commission may entrust some of its powers, functions and duties to its member or employee of Government of Nepal on the condition that same shall be exercised and complied with subject to the prescribed conditions.

12. To be Appointed on the Recommendation of the Commission:

Appointment to the post of Armed Police Service to be filled up by open competition shall be made on the recommendation of the Commission.

13. Appointing Authority:

Gazetted Officer shall be appointed by Government of Nepal and other armed police shall be appointed by
prescribed officer.

14. Qualification Required for Candidate:

Minimum academic qualification and other qualification required to be a candidate for the post of armed police service to be filled up by open competition shall be as prescribed.

15. Transfer and Promotion:

Transfer and promotion of the Armed Police Force shall be as prescribed.

16. To be Transferred:

(1) Notwithstanding anything contained elsewhere in this Chapter, Government of Nepal may, until the commission is formed, transfer army personnel serving in the Nepal Army and police personnel serving in other police service to armed police service and make their placement and their service in the army and police shall be counted in the armed police service.
(2) Armed police shall not be transferred to the Nepal Army or other police service and army personnel of Nepal Army and police personnel of other police service shall not be transferred to the armed police service after the Commission is constituted.

17. Oath:

Every armed police shall be required to take an oath in the prescribed format before undertaking the charge.

18. Retention of Lien:

The Armed Police shall continue to have lien over his/her post in the following circumstances:
(a) Until discharging duties and functions in that post,
(b) Until the period of time allowed for the assumption of charge of another post (portfolio), on being transferred to that post,
(c) During the period of leave,
(d) During the suspension period,
(e) During the period of discharging the functions prescribed by Government of Nepal,
(f) During the period of serving in any other post in an acting capacity.

19. Departmental Action, Penalties and Appeal:

(1) If the armed police discharges his/her duty carelessly or recklessly or pretends to be refrained from discharging a duty or is incapable to discharge his/her duty or breaks discipline or commit any improper conduct as prescribed or does not discharge the duties pursuant to Section 24 or commits a crime pursuant to Section 27 or in other conditions prescribed, such armed police may, according to the degree of offence be dismissed from service on the condition that he/she shall be disqualified for governmental service in future; be removed from service on the condition that he/she shall not be disqualified for governmental service in future or be awarded other departmental action as prescribed.
(2) The competent authority shall have the power to issue an order of departmental action against the armed police service.
(3) Without prejudice to the generality of the power conferred by Sub-section (1), the authority to issue an order of departmental action against the armed police shall be as prescribed.
(4) The competent authority, while issuing an order of penalty pursuant to Sub-section (2) or (3), shall prepare a memorandum (Parcha) which shall contain the statement of a charge including the reasons and grounds for penalties, inquiry made in relation thereto, opportunity for defence and his/her statement (response) and opinion if
any further inquiry is made; reasons and grounds of unreasonableness of providing opportunity for defence, if opportunity for a defence is not provided and shall sign it and include it into the case file.
(5) An appeal against the order of departmental penalty to armed police shall lie to the prescribed authority.
20. Power to Suspend: (1) The authority empowered to issue an order of departmental penalty may suspend up to a prescribed period to the armed police who is under departmental action pursuant to Section 19.
(2) The authority empowered to issue an order of penalty shall disarm such armed police before suspension pursuant to Sub-section (1).
(3) The armed police shall ipso facto, be deemed to have been suspended in the following circumstances:
(a) If the armed police is arrested in the charge of crime pursuant to Section 27 from the date of such arrest and if one is not arrested from the date of making decision to file the case,
(b) If arrested and detained for a criminal charge during the period of such detention.
(4) If armed police is suspended in relation to governmental functions or as a result of functions initiated on behalf of Government of Nepal, he/she shall receive only half of the salary obtainable by him/her during the period of such suspension. Provided that, if he/she is absolved of the charge and acquitted, he/she shall receive salary after deducting half salary if he/she had received the same during the period of suspension and the full amount
of salary (including the increments of salary, if any). If one is found guilty, he/she shall not be entitled to receive the remainder of the salary from the date of suspension.
(5) If armed police is suspended for any reason other than as referred to in Sub-section (4), he/she shall not be entitled to receive salary for the period of such suspension.

21. Saving from Discriminatory Dismissal:

While taking departmental action against armed police, an opportunity to put his/her defense shall be provided to him/her, specifying a reasonable time for defense beside in the following conditions:
(a) Who has been convicted by a court in a criminal offence involving moral turpitude,
(b) Who has been convicted to an offence pursuant to Section 27 and imposed a penalty of imprisonment, or
(c) If the authority empowered to impose penalty has established a memorandum (Parcha) recording the condition that waives reasonability of providing an opportunity of defense.

22. No Restriction to Institute Case:

If armed police has committed a crime liable to be established an offence under this Act or other prevailing laws, such police shall not be deemed to have been caused a restriction to institute a case pursuant to this Act or other prevailing laws that a departmental action or penalty pursuant to Section 19 is awarded to him/her already.

23. Remuneration, Allowance and other Facilities and other Terms and Conditions of Service:

Remuneration, allowance and other facilities and other terms and conditions of service of the armed police shall be as prescribed.