Chapter – 5 Transfer, Deputation and Promotion

Chapter – 5 Transfer, Deputation and Promotion

Chapter – 5
Transfer, Deputation and Promotion

30. Power to transfer and depute:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

37. Evaluation of work performance:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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