Chapter-14 Provisions Relating to Armed Forest Guard Service

Chapter-14 Provisions Relating to Armed Forest Guard Service

  1. Constitution of the armed forest guard service: (1) There shall be an armed forest guard service for the protection and promotion of the national forest and biological diversity, prevention illicit hunting of wildlife and smuggling of forest products and guarding of the forest heritages.

                        (2)        The service constituted pursuant to sub-section (1) shall have the posts as prescribed.

(3)        The organization structure in and number of positions in the armed forest guard service shall be as specified by the Government of Nepal.

(4)        Other provisions relating to the appointment of armed forest guards and conditions of their service shall be as prescribed.

  1. Departmental punishment: (1) The following departmental punishment may be imposed on an armed forest guard who does an act contrary to this Act or the rules framed under this Act:

                        (a)        General Punishment:

(1)        To reprimand,

(2)        To mention an adverse opinion in the character report,

(3)        To withhold a maximum of five salary increments,

(4)        To withhold promotion for a maximum of five years,

(5)        To demote to a maximum of five salary increments being received and enjoyed,

(6)        To demote to the initial scale being received and enjoyed, with seniority, in the current post.

(b)        Special punishment:

(1)        To remove from the service without being disqualified from the government service in the future,

(2)        To dismiss from the service with being disqualified from the government service in the future,

(2)        Provisions relating to the conditions and process for imposition of departmental punishment pursuant to sub-section (1) and to appeal shall be as prescribed.

  1. Punishment of imprisonment: (1) An armed forest guard who commits any of the following offenses shall be punished with life imprisonment:

(a)        To take part in armed rebellion,

(b)        To carry out, or cause to be carried out, by writing, speech or sign or through any other means any act so that such hatred, enmity or contempt is caused as is likely to disrupt the sovereignty, territorial integrity, nationality and independence of Nepal, or undermine the cordial relations between the federal units or various castes, tribes,, religions and communities.

(c)        To sell governmental or other’s arms or ammunitions under his or her custody to another person or to hand over them to another person in any other manner,

(d)       To abscond with arms, ammunitions which he or she has received for his or her use or which is under his or her custody,

(e)        To assist terrorist activities directly or indirectly,

(f)        To provide, or make attempt to provide, the information and news relating to security to any unauthorized person, body or group or entice any other person to do so.

(2)        An armed forest guard who commits any of the following offences shall be punished with imprisonment from two to seven years depending on the gravity of the offence:

(a)       To use or attempt to use criminal force after knowing or having reasonable ground to believe that he or she is armed forest guard of a rank higher than that of the forest guard or other competent authority related to security irrespective of whether or not on duty,

(b)      Not to inform or give notice as soon as possible to the official superior to him or her or even after knowing the commission of conspiracy or attempt of armed rebellion.

(c)       To assist in any manner one who makes illicit hunting of trophy of wildlife or smuggle forest products or one who commits a forest related office in collusion with such person,

(d)      To knowingly let an accused person under his or her responsibility or control escape or assist in such escape.

(3)        An armed forest guard who commits any of the following offences shall be punished with imprisonment for a term not exceeding two years depending on the gravity of the offence:

(a)       To consume alcohol while on duty or disregard an order given by his or her commander or leave the camp without permission,

(b)      To obtain the membership of a political organization or party or take part in a procession or demonstration organized with political objective,

(c)       To abuse, or lose, disorder or break up recklessly, the arms, ammunitions or motor vehicles or cash or in-kind under his or her responsibility,

(d)      To run away with the property under his or her responsibility.

(4)        If an armed forest guard loots/snatches or causes loss or damage to any governmental or public or personal money or property in any manner, he or she shall be liable to the sentence of imprisonment for a term not exceeding two years, in addition to the sentence imposable on him or her pursuant to the prevailing law.