Chapter-7 Retirement, Gratuity, Pension and Medical Allowance

Chapter-7 Retirement, Gratuity, Pension and Medical Allowance

Chapter-7
Retirement, Gratuity, Pension and Medical Allowance

49. Compulsory Retirement:

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

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

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

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

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

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

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

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

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

51. Acceptance of resignation:

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

52. Retirement letter:

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

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

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

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

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

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

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

57. Disability allowance:

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

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

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

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

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

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

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

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

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

(2) Representative, Ministry of Finance -Member

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

61. Count of service period:

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

62. Medical treatment expenses:

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

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

63. To mention salary:

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

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