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

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

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

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

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

11. To advertise for competition:

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

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

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

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

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

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

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

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

15. Selection:

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

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

17. Formation of Interview Committee:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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