Skip to contentSkip to left sidebar Skip to footer

Author: Rojina

8. Leave

8. Leave :

(1) The Chief Justice or a Justice may be entitled to the following leaves:
(a) Casual leave,
(a1) 65 Festival leave,
(b) Home leave,
(c) Sick leave,
(d) Obsequies leave, and
(e) Extra-ordinary leave.
(2) 66 The Chief Justice or a Justice shall be entitled to a casual leave of Six days and a festival leave of Six days 67 with full pay every year.
(3) The Chief Justice or a Justice may be entitled to a home leave with full pay at the rate of One day to every Eleven days of the period of his or her service. The home leave can be accumulated at a maximum of One Hundred Fifty 68 days. Generally, another home leave shall not be sanctioned to the Chief Justice or a Justice without completion of Four months after the date of completion of the last home leave. In setting the period of service for the purpose of home leave, the days of casual leave  and festival leave 69 and of public holidays shall also be added to the day of
service.
(3a) 70 The Chief Justice or a Justice whose home leave is  accumulated for more than One Hundred Twenty days may be entitled to receive payment of such amount in lump sum by the end of every financial year as may be set at the rate remuneration being drawn by him or her in lieu of the home leave for a maximum period of Thirty days out of that excess home leave accumulated by the last day of the month of Chaitra of that financial year.
(4) 71 The Chief Justice or a Justice may be entitled to a sick leave with remuneration at the rate of Fifteen days each year. Such sick leave not used shall continue to be accumulated; and if a certificate is submitted that
he or she has suffered from any severe and serious disease, he or she may be entitled to an additional sick leave with remuneration for up to Two months if his or her sick leave is not remaining, and after the use of such
additional sick leave with remuneration, to a sick leave without remuneration for a period of additional four months at a time and not exceeding a maximum of Twelve months during the entire period of service.
Provided that, the home leave shall be deducted at the rate of One day for every Two days of additional sick leave while so taking the additional sick leave with remuneration.
(5) If the Chief Justice or a Justice has to observe obsequies himself or herself, the or she shall be entitled to an obsequies leave with full 69 Inserted by the Amending Some Nepal Acts Relating to Constitutional Organs and Other Bodies Act, 2040 (1983). remuneration for a period not exceeding 15 days according to his or her
traditional rites and rituals.
(6) The Chief Justice or a Justice may be entitled to an extra- ordinary leave as follows, and such leave shall be with half remuneration:
(a) Not exceeding One month at a time, and
(b) Not exceeding Three months in total during the period of service.
(7) If a person who is holding a constitutional position, Judge of a Court of Appeal, Judge of a Regional Court 72 or in the service of Government of Nepal is appointed to the office of the Chief Justice or a Justice shall not be deprived of the enjoyment of right to his or her accumulated leave while he or she was in that position or 73 service.
(8) 74 The Chief Justice shall obtain approval of the President 75 for all leaves other than the casual leave and the festival leave, and a Justice shall obtain approval of the Chief Justice for all leaves.

8A.  Treatment expenses :

(1) The Chief Justice or a Justice shall be entitled to the medical expenses in the following amount 77 incurred in his or her treatment upon falling ill.
(a) Expenses according to the bills of a hospital of  expenses incurred in admitting to the hospital and doing treatment there, and expenses of medicines 72 Amended by the Second Amendment.
purchased according to the prescription of the doctor of the hospital.  Provided that, the prescription of doctor has to set down the diagnosis of disease.
(b) Fees charged by and expenses of medicines purchased as per the prescription issued upon examination by any
registered or recognized doctor, Kaviraj, Vaidhya, or health assistant for the treatment of disease where there is not hospital or where it is not necessary to be admitted to a hospital despite the existence of hospital or where he or she could not admit into the hospital or after discharge from the hospital.  Provided, that the prescription of doctor has to set down the diagnosis of disease.
(c) Expenses as per the bill of expenses incurred in doing all kinds of surgical operations except plastic surgery.
Provided that, generally expenses of surgical operation done at a nursing home in a place where a hospital is available shall not be provided.
(d) Expenses as the bill of expenses in an amount not exceeding the ceiling as specified by the Government
of Nepal from time to time by publishing a notice in the Nepal Gazette for the equipment including spectacles, teeth, earphone etc.
(e) 80 Where it is required to leave his or her house or rented house and undergo treatment in another district or a
foreign country, the whole amount incurred in the transportation of the patient to and from such a place and the whole amount incurred in the transportation of one attendant is such attendant is required, and Seventy Five percent of the daily allowance to which he or she is entitled for the food expenses.
(2) Notwithstanding anything contained in Sub-section (1), no treatment expenses shall be provided for the expenses of less than Two Hundred Rupees at a time, and not treatment expenses of more than Twelve months’ 81 remuneration receivable by the Chief Justice or a Justice through the whole period of service.
(3) 82 If Government of Nepal may provide additional financial assistance in such a sum as it considers appropriate for the treatment of the chief Justice or a Justice within Nepal if the medical board constituted by
the Government of Nepal recommends for such treatment and for treatment in a foreign country if such medical board recommends that his or her treatment cannot be done within Nepal and should be done in a foreign
country, and this assistance shall be in addition to the treatment expenses to which he or she is entitled pursuant to Sub-section (1).
(4) If the Chief Justice or a Justice dies prior to receiving the treatment expenses receivable  person who is held entitled to pension pursuant to Section 7 shall be entitled to that treatment expenses.
(5) 84 If the Chief Justice or a Justice wishes to obtain the treatment expenses receivable pursuant to this Act as an advance, such advance may be provided on the condition of adjustment of amount subsequently, subject
to Sub-section (2), and if, upon such subsequent adjustment, the amount to received as an advance exceeds the amount to which he or she is entitled, such excess amount shall be deducted by installments from the Six months’
remuneration of the Chief Justice and Justice.
Provided that, if the Chief Justice or Justice dies prior to payment of the amount to be so deducted, the remaining amount to be deducted shall be remitted.
(6) 85 If the husband or wife, mother, father or minor son, daughter of the 86 ……….. Chief Justice or a Justice, who is living in an undivided family, the Chief Justice or a Justice shall be entitled to Ninety percent 87
amount of the treatment expenses as per the bill up to half the amount of treatment expenses receivable pursuant to Sub-section (2) on the condition  that such amount shall be deducted from the maximum amount of treatment
expenses receivable pursuant to that Sub-section. In making a request for such treatment expenses, a doctor’s prescription mentioning the diagnosis of disease has also to be submitted. Provided that the treatment expenses
receivable pursuant to this Sub-section shall, at one time, not exceed One month’s remuneration of the Chief Justice or a Justice.
(6a) 88 If the husband or wife, mother, father or minor son, daughter of the Chief Justice or a Justice, who is living in an undivided family, falls ill and has to undergo treatment in a foreign country or to undergo operation or treatment upon being admitted to a hospital within Nepal, the Chief Justice or a Justice shall be entitled to Ninety percent amount of the treatment expenses as per the bill of expenses and treatment expenses
incurred as per the treatment prescription of hospital, out of the amount receivable by the Chief Justice or a Justice pursuant to Sub-section (2).
(6b) 89 Notwithstanding anything contained in Sub-sections (6) and (6a), if the husband or wife, mother or father of the Chief Justice or a Justice, living in an undivided family, is an incumbent employee in any
constitutional position or governmental service or in the service of a corporation under governmental ownership and control, he or she shall not be entitled to such treatment expenses.
(7) 90 If, at the time of retirement of the Chief Justice or a Justice, the treatment expense is remaining, with or without taking some none of the treatment expenses receivable during the total period of service pursuant to
Sub-section (2), the Chief Justice or Justice shall be entitled to a lump sum amount to be set by Two-Thirds of that remaining amount of treatment expenses after his or her retirement.
91 Provided that, the Chief Justice or a Justice who is retired within entitlement to pension shall be entitled to a lump sum payment of the whole of such remaining amount at the time of such retirement from service.
(8) 92 Notwithstanding anything contained in Sub-section (7), the Chief Justice or a Justice who has already taken treatment expenses for having served in any constitutional position, Judge of a Court of Appeal, Judge of a Regional Court 93 or in governmental service, shall be entitled to only the amount that remains after deducting the treatment expenses so taken previously.
(9) 94 If the Chief Justice or a Justice who requests for the treatment expenses pursuant to this Section so falls ill as not being able to attend the court, he or she has to request for the sick leave so long as the sick leave is
balance. He or she may request for other leave only when the sick leave is not balance.
(10) 95 The details of the treatment expenses received by the Chief  Justice or a Justice pursuant to this Section shall be maintained in the records of leave and personal records of the Chief Justice or Justice.

8B Festival expenses :

(1) The Chief Justice and a Justice shall be entitled to the yearly festival expenses equivalent to One month’s remuneration being drawn by him or her for the festival observed by them as per their religion, culture and tradition.
(2) The Chief Justice and Justice may take payment of the amount as referred to in Sub-section (1) on the occasion of a main festival to be observed as per their religion, culture and tradition, once in one financial year

10. Not to be prejudicial to facilities being enjoyed

10. Not to be prejudicial to facilities being enjoyed : Nothing contained in this Act shall be deemed to be prejudicial to the facilities and privileges being enjoyed by the Chief Justice or a Justice holding office at the time of
commencement of this Act.

10A.  Additional facilities :

(1) The Chief Justice or a Justice who has already served for Three years without taking any other leave than the casual leave and the festival leave 99 shall, while going to and coming from his or her home on the home leave earned by him or her, be entitled to half the daily and travelling allowance of the daily and travelling allowance to which he or she is entitled pursuant to this Act.
Provided that, his or her family member shall not be entitled to the daily and travelling allowance.
(2) In retiring from his or her office or resigning his or her office upon getting resignation approved, the Chief Justice or a Justice shall be entitled to a lump sum amount for a maximum of One Hundred and Twenty days 100 from his or her accumulated home leave and for his or her sick leave at the rate of remuneration/salary being drawn by him or her at that time. Even in the event of death while in service, his family member shall be entitled to such remuneration/salary, pension or gratuity.

10B.Time for journey : The Chief Justice or a Justice shall, while going to his or her home on home leave and coming back from home to attend the  Supreme Court shall be entitled to the time for journey at the rate of One
day for Eight Kosh in the case of journey on foot and for such days as required for journey by motor vehicle, rail and air for one time a year.
Provided that, he or she shall not be entitled to the time for journey to go to or stay elsewhere than home on the home leave. In giving the time for journey, it shall be given for the shortest route by the fastest means, and
no more time for journey than that actually taken in the journey to and from than shall be given.

10C. ……………………..

10D. Power to make increase in or addition to remuneration : Government of Nepal may, while making increase in or addition to remuneration, facilities and privileges of the other public servants from time to time, also make increase in or addition to the remuneration, facilities and privileges to which the Chief Justice or a Justice is entitled
pursuant to this Act, by publishing a notice in the Nepal Gazette.

Chapter-4 Provisions relating to driving license

Chapter-4 Provisions relating to driving license
45. Prohibition on driving motor vehicle: No person shall drive a motor vehicle without obtaining the driving license.

46. Prohibition on allowing motor vehicle to be driven: No person shall allow a motor vehicle which is in his or her ownership or custody to be driven by a person who has not obtained the driving license.

47. Disqualification for driver: The following persons shall be deemed to be disqualified for obtaining the driving license:
(a) A person who has not attained the age of twenty one years in the case of a heavy motor vehicle;
(b) A person who has not attained the age of eighteen years in the case of a medium and light motor vehicle;
Provided that, a person who has attained the age of sixteen years may obtain the driving license in the case of a motorcycle and similar other two-wheel motor vehicle.
(c) A person who is suffering from epilepsy or insanity or a disease of sudden faintness or loss of consciousness;
(d) A person who, being eyesight weak, uses glasses but despite using glasses is not able to see in a normal manner;
(e) A person who is so deaf as not being able to hear normally a horn signal, noise;
(f) A person who so suffers from sight defect as not being able to distinguish red, green, yellow etc. colors;
(g) A person who is suffering from night blindness; or
(h) A person whose hands and legs are powerless and cannot function.
Provided that, the restriction of this Clause shall not apply to a
motor vehicle manufactured specifically for the disabled.

48. Application for the driving license:

(1) If a person who does not suffer from any disqualification as referred to in Section 47 intends to obtain the
driving license to drive any motor vehicle, the person shall have to make an application in the prescribed format to the competent authority.
(2) The applicant shall have to attach with the application as referred to in Sub-section (1) the fees prescribed for the driving license, a certified copy of the citizenship certificate, three copies of the recently taken passport
size photographs of him or her, medical fitness certificate issued by a doctor recognized by the Government of Nepal after conducting his or her medical test and a copy of the certificate issued by a training institute in relation to
the motor vehicle which he or she intends to drive.

49. Test of applicant:

(1) After an application is made pursuant to Section 48, an examination shall be given to ascertain whether the applicant is able to drive such a motor vehicle and whether he or she has general knowledge as to such a motor vehicle or motor vehicle Act, Rules and traffic signals or not.
The contents of the examination so given and the examination system shall be as prescribed by the Department.
(2) An applicant who fails an examination given pursuant to Sub- section (1) shall not be allowed to make application again pursuant to Section 48 until expiration of three months after the date of completion of that examination.

50. Issuance of the driving license:

(1) The competent authority shall, on the recommendation of the committee, issue the driving license, in the format
referred to in Schedule-5, to the applicant who has taken……… ? and been
successful in the examination given pursuant to Section 49.

(2) In issuing a driving license pursuant to Sub-section (1), it shall clearly indicate the authorization to drive which of the heavy, medium or  light motor vehicles or any or all of them.
(3) Notwithstanding anything contained elsewhere in this Act, the provisions relating to the driving license to be issued to a driver driving a public motor vehicle shall be as prescribed.

51. Probation period to be undergone:

(1) The driving license to be issued pursuant to Section 50 shall be issued under probation initially for a period
of one year.
(2) If a driver does not commit, within the period of probation, more than five infractions of the conditions required to be observed under this Act or the Rules framed hereunder, the competent authority shall, at the request
of such a driver, convert his or her driving license into a permanent one.

52. Recognition of driving license obtained in foreign country: If any person who has obtained a driving license from a foreign country makes an application pursuant to Section 48 to drive a motor vehicle specified in the
license, the competent authority may issue a driving license to such a person, by collecting the prescribed fees for the driving license.
Provided that, such a person shall not be required to take any examination to obtain the driving license.

53. Automatic recognition of international driving license: Any person who has obtained an international driving license shall be entitled to drive within Nepal all the vehicles which are specified in the license.

54. Validity of driving license:

(1) Any person who has obtained a driving license pursuant to Section 50 shall be entitled to drive only such vehicles as are specified in the license.
(2) Subject to Sub-section (1), the driver shall be entitled to drive such vehicles throughout Nepal.
(3) The driving license shall remain valid for a period of five years from the date of its issue.

55. Endorsement of other types of motor vehicles in driving license:

(1) If any driver wishes to get endorsed any other type of vehicle in the driving license, in addition to those already specified therein, he or she shall make an application, accompanied by the prescribed fees, in the prescribed format,
indicating the type of vehicle desired for endorsement, to the competent authority.
(2) If an application is made pursuant to Sub-section (1), the examination committee shall give examination to him or her in accordance with Section 49 in order to ascertain whether the driver can drive the type of
vehicle intended to be endorsed in the driving license.
(3) If the driver becomes successful in the examination given pursuant to Sub-section (2), the competent authority shall endorse the type of vehicle intended for endorsement in his or her driving license and issue a new
driving license to him or her.
(4) In issuing a driving license pursuant to Sub-section (3) ? , it shall be subject to the condition of probation pursuant to Section 51.

56. Renewal of driving license:

(1) A driving license shall have to be renewed within three months from the date of expiration of the period mentioned in the license pursuant to Sub-section (3) of Section 54.
(2) A driver shall have to submit the driving license, accompanied by the prescribed fees, to the competent authority for the renewal of the driving license ⊗ within the period specified in Sub-section (1).
(3) If a driving license is submitted for its renewal pursuant to Sub- section (2), the competent authority shall renew such a driving license for upto another five years.
(4) If a driving license is submitted for its renewal after the expiration of the period as mentioned in Sub-section (1), the driving license shall be renewed upon collecting from the driver additional fees equal to the amount
thereof if the period of such expiration is within one year, two hundred percent of the amount if within two years, three hundred percent if within three years, four hundred percent if within four years and five hundred
percent if within five years, in addition to the renewal fees.

57. Ipso facto revocation of driving license:

(1) A driving license which is not renewed even until the period specified in Sub-section (4) of Section 56 shall
ipso facto be revoked.
(2) A driving license which is canceled pursuant to Sub-section (1) shall be obliterated from the register.
(3) No driving license which has already been obliterated from the register pursuant to Sub-section (2) shall be renewed.

58. Submission of certificate of fitness at the time of renewal: A driver who drives a public motor vehicle shall, at the time of getting the driving license renewed, also submit a certificate of physical fitness issued by a recognized
medical doctor to the competent authority.

59. Information of change, if any, in the address of driver:

(1) If the permanent address of a driver is changed, the diver shall give information thereof to the competent authority within one month thereof.
(2) Upon receipt of the information pursuant to Sub-section (1), the competent authority shall cause to enter also the new address of the driver in the register.

60. Power to suspend driving license: If it is proved that a driver has violated the terms required to be observed by the driver under this Act or the Rules framed hereunder in more than five occasions, the competent authority may
suspend the driving license of such driver for upto six months.

61. Power to revoke driving license:

(1) If any driver is proved to be under any disqualification mentioned in Section 47, the competent authority mayrevoke the driving license of such a driver and order him or her to surrender the license.
(2) A driver shall have to surrender his or her driving license to the competent authority within seven days of the receipt of the order given under Sub-section (1).

62. Issuance of duplicate copy of driving license:

(1) If the driving license is lost or illegible because of being torn or defaced or is destroyed in any other
manner, the driver shall have to make an application, in the prescribed format, accompanied by the prescribed fees, ⊗ to the competent authority for a duplicate copy of the driving license, no later than seven days after the date
of such loss, illegibility or destroy.
(2) If the contents are found correct upon necessary examination made in relation to the application made pursuant to Sub-section (1), the competent authority shall have to issue a duplicate copy of such a driving license to the
driver.
(3) The competent authority shall give information of the issuance of a duplicate copy of the driving license pursuant to Sub-section (2) to the concerned police office.

Chapter-5 Provisions relating to conductor license

Chapter-5 Provisions relating to conductor license
63. Prohibition on working as conductor without obtaining license: No person shall work as a conductor in any public motor vehicle without obtaining a conductor license.

64. Prohibition on engaging as conductor: No owner or manager of a public motor vehicle shall engage any person, who has not obtained a conductor license, as a conductor.

65. Disqualification for conductor: The following person shall be disqualified for obtaining a conductor license:
(a) Who has not attained the age of 18 years;
(b) Who cannot generally read and write;
(c) Who fails to produce a certificate of physical fitness.

66. Application for the conductor license:

(1) If a person who does not suffer from any disqualification as referred to in Section 65 intends to obtain the
conductor license to work as a conductor in a public motor vehicle, the person shall have to make an application in the prescribed format to the competent authority.
(2) The applicant shall have to attach with the application as referred to in Sub-section (1) the fees prescribed for the conductor license, three copies of the recently taken passport size photographs of him or her, a
certified copy of the citizenship certificate, physical fitness certificate issued by a medical doctor recognized by the Government of Nepal.

67. Issuance of conductor license:

(1) Upon receipt of an application made for the conductor license pursuant to Section 66, the competent authority shall hold necessary inquiry into the matter; and, upon such inquiry, if the competent authority finds the information accompanied with the application to be correct, the competent authority shall issue a conductor license to the applicant in the format set forth in Schedule-6. The person who has so obtained the conductor license shall bear the responsibility of properly mobilizing the public motor vehicle involved in the transport service, in
which he or she works.
(2) The conductor license issued pursuant to Sub-section (1) shall remain valid until five years from the date of its issue.

68. Renewal of conductor license:

(1) A conductor license shall have to be renewed within three months from the date of expiration of the period
mentioned in the license pursuant to Sub-section (2) of Section 67.
(2) A conductor shall have to submit the conductor license, accompanied by the prescribed fees, to the competent authority for the renewal of the conductor license within the period specified in Sub-section (1).
(3) If a conductor license is submitted for its renewal pursuant to Sub- section (2), the competent authority shall renew such a conductor license for upto another five years.
(4) If a conductor license is submitted for its renewal after the expiration of the period as mentioned in Sub-section (1), the conductor license shall be renewed upon collecting from the conductor additional fees
equal to the amount thereof if the period of such expiration is within one year, two hundred percent of the amount if within two years, three hundred percent if within three years, four hundred percent if within four years and
five hundred percent if within five years, in addition to the renewal fees.

69. Ipso facto revocation of conductor license:

(1) A conductor license which is not renewed even until the period specified in Sub-section (4) of Section
68 shall ipso facto be revoked.
(2) A conductor license which is revoked pursuant to Sub-section (1) shall be obliterated from the register.
(3) No conductor license which has already been obliterated from the register pursuant to Sub-section (2) shall be renewed.

70. Information of change, if any, in the address of conductor:

(1) If the permanent address of a conductor is changed, the conductor shall give information thereof to the competent authority within one month thereof.
(2) Upon receipt of the information pursuant to Sub-section (1), the competent authority shall cause to enter also the new address of the conductor in the register.

71. Power to suspend conductor license: If it is proved that a conductor has violated the terms required to be observed by the conductor under this Act or the Rules framed hereunder in more than five occasions, the competent
authority may suspend the conductor license of such a conductor for upto six months.

72. Power to revoke conductor license:

(1) If any conductor is proved to be under any disqualification mentioned in Section 65, the competent authority
may revoke the conductor license of such a driver and order him or her to surrender the license.
(2) The driver shall have to surrender his or her driving license to the competent authority within seven days of the receipt of the order given under Sub-section (1).

73. Issuance of duplicate copy of conductor license:

(1) If the conductor license is lost or is destroyed due to any other reason, the conductor shall have to make an application, in the prescribed format, accompanied by the  prescribed fees, ⊗ to the concerned competent authority for a duplicate copy of the conductor license, no later than seven days after the date of such loss  or destroy.
(2) If the contents are found correct upon necessary examination made in relation to the application made pursuant to Sub-section (1), the competent authority shall issue a duplicate copy of such a conductor license to the  conductor.
(3) The competent authority shall give information of the issuance of a duplicate copy of the conductor license pursuant to Sub-section (2) to the concerned police office.

Chapter-6 Transport management

Chapter-6 Transport management
74. Designation of route: The Department shall, whenever deemed necessary,  for the operation of the transport service by public motor vehicles, designate routes and publish a public notice thereof for the information of the general public.

75. Prohibition on operating transport service without obtaining route permit: No public motor vehicle shall operate the transport service on the routes designated pursuant to Section 74 without obtaining the route permit.

76. Application for route permit: If it is necessary for any public motor vehicle to use any route for the operation of transport service, the manager or owner of the motor vehicle shall make an application, in the prescribed format, and accompanied by the prescribed fees, to the competent authority for a route permit.

77. Issuance of route permit:

(1) If an application is made for a route permit pursuant to Section 76, the competent authority shall, subject to the provision of Section 78, issue the route permit in the format referred to in Schedule-7 to use a public motor vehicle on such a route.
(2) The route permit issued pursuant to Sub-section (1) shall remain valid until four months from the date of its issue.

78. Matters to be examined for issuance of route permit: In issuing a route permit to any public motor vehicle pursuant to Section 77, the competent authority shall examine whether the following matters have been satisfied by
the owner or manager of such a public motor vehicle, ? and shall issue the route permit to such a public motor vehicle only if such matters have been satisfied:
(a) Insurance coverage of the driver, conductor, security personnel and other employees engaged in the motor vehicle and third party insurance,
(b) Road test of the motor vehicle, and
(c) Renewal of the registration certificate.

79. In the event of need to change route:

(1) If it is necessary to use a public motor vehicle specified on a route permit on another route prior to the
expiration of the period specified in the route permit, the owner or manager of the motor vehicle shall have to make an application again for the route permit and obtain such a permit pursuant to Section 76.
(2) Upon receipt of an application pursuant to Sub-section (1), the competent authority shall revoke the earlier route permit issued for such a public motor vehicle and issue a new route permit.

80. Power to issue multiple route permit:

(1) Notwithstanding anything contained elsewhere in this Act, the competent authority may, without
affecting the operation of transport service by a public motor vehicle on a route, so issue a route permit authorizing the use of that public motor vehicle also on those routes which are contiguous to that route.
(2) In issuing a multiple route permit authorizing the operation of the transport service on more than one route pursuant to Sub-section (1), the owner or manager of the public motor vehicle shall have to pay the routes
fees chargeable for each of such routes.

81. Ad hoc route permit:

(1) If, for some special reason, it is necessary to ply any public motor vehicle on a route other than that mentioned in the route permit, the owner or manager of such public motor vehicle shall make an application, in the prescribed format, accompanied by the prescribed fees, to the competent authority for an ad hoc route permit.
(2) Upon receipt of an application, the competent authority shall hold necessary inquiry into the matter; and, upon such inquiry, if the competent authority finds the information accompanied with the application to be
correct, the competent authority may issue an ad hoc route permit for a period not exceeding seven days.

82. Power to refuse to grant route permit:

(1) Notwithstanding anything contained elsewhere in this Act, if the competent authority is of the opinion
that no further issuance of a route permit for the operation of another public motor vehicle on a particular route is desirable in view of the pressure of the flow of passengers and the number of public motor vehicles already plying
on that route to operate such transport service or that, in view of pollution or any other reason, any further issuance of route permit for any public motor  vehicle would be prejudicial to public interest, the authority may, in
consultation with the management committee, ⊗ refuse to issue a route permit.
(2) Bearing in mind the safety of public motor vehicles operating the transport service on a medium route and a long route and of the passengers traveling by such vehicles as well as the employees working therein, the
standards of the public motor vehicles providing the transport service on  such routes shall be as prescribed. The competent authority may refuse to issue a route permit to any public motor vehicle which does not meet the
prescribed standards to operate the transport service on such routes.

83. Renewal of route permit:

(1) A route permit shall have to be renewed within fifteen days ? from the date of expiration of the period mentioned in the route permit pursuant to Sub-section (2) of Section 77.
(2) The owner or manager of a motor vehicle or the person assigned by any of them shall, for the purpose of obtaining the renewal of the route permit, submit an application, in the prescribed format, accompanied by the
prescribed fees, to the competent authority.
(3) Where an application for renewal is made pursuant to Sub-section (2), the competent authority shall renew such a route permit for another four months.
(4) If a route permit is submitted for renewal after the expiration of the period as referred to in Sub-section (1), such a route permit shall be renewed within one month of the expiration of that period, upon payment of
one hundred percent additional fees, in addition to the renewal fees, by the owner of the motor vehicle.

84. Ipso facto revocation of route permit:

(1) A route permit which is not renewed even until the period specified in Sub-section (4) of Section 83 shall
ipso facto be revoked.
(2) A route permit which is revoked pursuant to Sub-section (1) shall be obliterated from the register.
(3) No route permit which has already been obliterated from the register pursuant to Sub-section (2) shall be renewed.

85. Power to re-issuance route permit: If a request for a route permit is received in respect of any public motor vehicle, whose route permit has been revoked and obliterated from the register pursuant to Section 84, another
route permit shall be issued for the operation of such a motor vehicle pursuant to Section 77, by collecting the renewal fees and additional fees required to be collected pursuant to Section 83 from the owner or manager of
such a motor vehicle and realizing a fine of upto two thousand rupees from him or her.

86. Power to suspend route permit:

(1) If any public motor vehicle which has obtained a route permit pursuant to this Act is not capable of being plied for  a period of four months or more because of being out of order due to an accident or otherwise, the owner of that motor vehicle shall have to make an application setting out that matter, accompanied by the route permit, to the
competent authority for the suspension of such a route permit.
(2) Upon receipt of an application as referred to in Sub-section (1), the competent authority may, if he or she deems appropriate after making necessary enquiry into the matter, suspend the route permit of such a public
motor vehicle for the period during which such a motor vehicle cannot be plied.
(2A) ⊗ If the public motor vehicles are not operated on the routes specified in the route permits, thereby obstructing the transport service in a manner to cause adverse impacts on the public life, the Government of Nepal
may suspend the route permits of such motor vehicles for a period not exceeding one month.
(3) The renewal fees for the period of suspension of route permit pursuant to Sub-section (2) shall be remitted.

87. Power to revoke route permit: If any public motor vehicle which has obtained a route permit pursuant to this Act is destroyed or becomes so out of order as not being capable of plying, the owner or manager of such a
motor vehicle shall have to make an application, accompanied by an evidence thereof, to the competent authority for the revocation of the validity of route permit.

88. Issuance of duplicate copy of route permit:

(1) If a route permit is lost or illegible because of being torn or defaced or is destroyed in any other
manner, the owner or manager of motor vehicle shall have to make an application, in the prescribed format, accompanied by the prescribed fees, to the competent authority for a duplicate copy of the route permit, no later than seven days after the date of such loss, illegibility or destroy.
(2) If the contents are found correct upon necessary examination made in relation to the application made pursuant to Sub-section (1), the competent authority shall have to issue a duplicate copy of the route permit to the
applicant.
(3) The competent authority shall give information of the issuance of  a duplicate copy of the route permit pursuant to Sub-section (2) to the concerned police office.

89. Requirement of road test:

(1) In order to obtain a route permit for any public motor vehicle, such a motor vehicle shall have to undergo a road test pursuant to this Act.
(2) No route permit shall be issued for a public motor vehicle unless and until the vehicle undergoes the road test pursuant to Sub-section (1).

90. Application for road test: The owner or manager of a public motor vehiclewho intends to obtain the road test of the vehicle shall have to make an application, in the prescribed format, accompanied by the prescribed fees, to
the competent authority for the road test.

91. Road test certificate to be issued:

(1) If an application is made pursuant to Section 90, the competent authority shall cause to conduct the test of such a
public motor vehicle and shall issue the certificate of road test in the prescribed format if the mechanical condition and features of such a motor vehicle is found to be in order.
(2) The validity of the certificate of road test to be issued pursuant to Sub-section (1) shall be for upto six months.

92. Repetition of road test:

(1) An application has to be made to the competent authority for re-road test no later than seven days of the expiration of the period set forth in Sub-section (2) of Section 91, and such road test has to be
obtained.
(2) In the event of the failure to obtain the re-road test within the period set forth in Sub-section (1), and a request for re-road test of such a motor vehicle is made within thirty five days of the expiration of that period,
the re-road test of such a motor vehicle shall be made by collecting cent percent additional fees, in addition to the fees chargeable for the road test.
(3) In the event of the failure to obtain the re-road test even within the period set forth in Sub-section (2), the certificate of such road test shall ipso facto be revoked. If the public motor vehicle of which the certificate of road
test has been so revoked is produced for re-road test, such a motor vehicle shall be tested again and the certificate of road test issued, by realizing a fine of upto Five Thousand Rupees, in addition to the fees referred to in Sub-
section (2), from the manager or owner of that motor vehicle.

93. Listing the name of transport service:

(1) No owner or manager of a public motor vehicle shall use such a motor vehicle in the operation of
transport service without listing the name of transport service with the Department.
(2) The owner or manager of a motor vehicle who intends to list the  name of transport service with the Department shall submit an application, in the prescribed format, accompanied by the prescribed fees, to the
Department for the listing of such a service.
(3) If the Department thinks it appropriate to list the name of such transport service, upon making necessary inquiry into the application made pursuant to Sub-section (2), it shall issue a license, in the format as referred
to in Schedule-8, to the applicant to operate the transport service in that name. If the owner or manager of motor vehicle who has obtained the license to so operate the transport service intends to close down the operation of
such transport service, he or she shall have to obtain prior approval of the Department.
(4) The license issued pursuant to Sub-section (3) shall remain valid for upto five years from the date of its issue.
(5) The provisions relating to the appointment, conditions of service and facilities of the employees serving in the transport service listed pursuant to this Section shall be as prescribed.

94. Renewal of license to operate transport service:

(1) The license issued for the operation of the transport service has to be renewed within three months
from the date of expiration of the period mentioned in Sub-section (4) of Section 93.
(2) The owner or manager of a motor vehicle or a person assigned by them shall have to make an application, in the prescribed format,  accompanied by the prescribed fees, to the Department for the renewal of
license pursuant to Sub-section (1).
(3) If an application is made for renewal pursuant to Sub-section (2), the Department shall renew such license for another five years.
(4) If an application if made for the renewal of license after the expiration of the period as referred to in Sub-section (1), such a license shall be renewed within one month of the expiration of that period, upon payment
of one hundred percent additional fees, in addition to the renewal fees, by the owner or manager of the motor vehicle.

95. Ipso facto revocation of license to operate transport service:

(1) If a license to operate the transport service is not renewed even until the period specified in Sub-section (4) of Section 94, the license shall ipso facto be revoked.
(2) A license that is revoked pursuant to Sub-section (1) shall be obliterated from the register.
(3) No license that has already been obliterated from the register pursuant to Sub-section (2) shall be renewed.

96. Determination of the rate of fares:

(1) The rate of fares to be collected by a passenger and cargo public motor vehicle operating the transport service on
any route shall be as prescribed.
(2) The maximum weight of accompanied personal luggage of a passenger permitted to be carried free of charge and the maximum weight of additional accompanied personal luggage allowed on payment of fares and
the rate of such fares shall be as prescribed.
(3) No one shall collect fares in excess of the rate of fares determined pursuant to this Section.

97. Prohibition on selling passenger tickets by person without displaying identity card: Any person who is engaged in selling passenger tickets of a public motor vehicle shall not sell passenger tickets in the name of a listed
transport service operating such a public motor vehicle without displaying the identity card of employee of such transport service.

98. Form of passenger ticket:

(1) The form of a passenger ticket of a public motor vehicle shall be as prescribed
(2) A person who sells a passenger ticket pursuant to Sub-section (1) shall affix the seal of the concerned transport service on the ticket.

99. Bills with particulars of goods to be given while carrying goods: In carrying any kinds of goods by a cargo public motor vehicle, it shall have to give a bill of goods carriage, along with the particulars of such goods, to the
owner of goods. The form of the bill to be so given shall be as prescribed.

100. Preparation of passenger manifesto: The manager or owner of motor vehicle operating the transport service on any such medium or long route as may be prescribed by the Department shall have to prepare a passenger
manifesto clearly setting out the names, ages and addresses of all passengers, drivers, security personnel travelling by and other employees serving in his or her motor vehicle. The manager or owner shall have to retain a copy of the
passenger manifesto so prepared with him or her and submit another copy to the competent authority or a person designated by that authority prior to the departure of the motor vehicle to the destination.

101. To deliver passengers and cargo safely:

(1) After accepting the passengers and cargo, it shall be the duty of the owner or manager of a public motor
vehicle to provide safety to the passengers and the cargo from the place of origin to that of destination and to deliver them safely within the specified time.
Provided that, the time for arriving at the destination shall not be fixed in such a manner as to cause inconvenience to the passengers.
(2) It shall be a mandatory obligation of the driver, conductor, security personnel and other employees of a public motor vehicle to pay attention to the comfort of passengers and provide safety to the cargo loaded in the motor
vehicle even if the motor vehicle cannot proceed forward due to its break- down or any force majeure cause.
(3) Even if it is not possible to proceed the motor vehicle forward because of the circumstance set forth in Sub-section (2), the owner or  manager of the vehicle shall make an arrangement to deliver the passengers upto the point of destination.

102. Prohibition on taking passengers in excess of seats: It is prohibited to take in passengers in any passenger public motor vehicle in excess of the number of seats specified in the registration certificate of that vehicle.

103. Recess of journey: A passenger public motor vehicle covering a distance of more than four hours shall halt for half an hour once in every four hours.

104. Shift change of driver: In the case of a passenger public motor vehicle
operating the transport service on a long route, it shall be the duty of the
owner or manager of vehicle operating the transport service to assign
compulsorily at least two drivers in the vehicle and assign the duty to them to
drive it in the shift of every six hours. ?

105. Prohibition on traveling without ticket: A passenger may not travel without holding in person a ticket purchased by paying the fare specified for his or her destination of travel.

106. Information of route map and time table to be given: (1) The competent authority shall cause to be displayed or affixed, for information, at each bus stop a route map indicating the destinations of departures and the time table
of arrivals and departures from that bus stop.
(2) In the event of any change on the route, the route map or the time table displayed or affixed pursuant to Sub-section (1), the competent authority or the person assigned by that authority shall make arrangement to
give information thereof to the passengers immediately.

107. Reservation of seats: (1) It shall be the duty of the owner or manager of a passenger heavy motor vehicle operating the transport service on a local  route to reserve four seats for the disabled and two seats for female
passengers in that vehicle.
(2) It shall be the duty of the owner or manager of a passenger motor vehicle operating the transport service on a long route to reserve two seats for members of parliament disabled and two seats for female passengers in
that vehicle.
Provided that, such reserved seats shall be retained only until four hours prior to the time of departure of that motor vehicle.
(3) No ticket purchased by a member of parliament pursuant to Sub- section (2) may be transferred to any other passenger.

108. Security personnel may be deployed: If the owner or manager operating the passenger public transport service on a medium or long route requests the Government of Nepal to make available the security personnel in the motor
vehicle for the safety of the motor vehicle and the passengers or if the Government of Nepal deems necessary to post the governmental security  personnel in that motor vehicle, it may provide a requisite number of security
personnel on payment of chargeable costs.

109. Prohibition on improper behaviour: No one shall improperly behave with any passenger, driver, conductor and security personnel.

110. Prohibition on smoking in public motor vehicles: Smoking is prohibited in the public motor vehicles.

111. Prohibition on talking with driver: No one shall talk with the driver of a public motor vehicle while such a motor vehicle is in motion or do, or cause to be done, any act which may impede the driver in driving the motor
vehicle.

112. Surrender of goods found: Any employee deputed in a public motor vehicle for the time being shall have to surrender any goods found in the motor vehicle to the manager or owner of motor vehicle within twenty four
hours thereof. The manager or owner of motor vehicle shall then surrender such goods found in the motor vehicle to the competent authority or the nearest transport entrepreneurs’ union office within twenty four hours after
he or she has received such goods.

113. Prohibition on refusing to take in passengers: No public motor vehicle, other than a public motor vehicle operating on a medium or long route or providing an express transport service, shall refuse to take in any passenger
while vacancy of seat exists in the motor vehicle.

114. Special power of the Government of Nepal: Notwithstanding anything contained elsewhere in this Act, the Government of Nepal may so order the owner or manager of a public motor vehicle as to engage the motor vehicle
in the operation of transport service in any place for any particular period of time.

Chapter-7 Traffic control

Chapter-7 Traffic control
115. Setting the speed of motor vehicle:

(1) If the Department considers necessary to set the speed of driving motor vehicles at any public place, it
may set such speed and prohibit driving motor vehicle in excess of such speed. No motor vehicle shall be driven in excess of the set speed at the place where such speed has been set.
(2) The Department shall cause to be posted or affixed a notice or sign relating to the set speed at a public place where it is prohibited to drive a motor vehicle in excess of the speed set pursuant to Sub-section (1).
(3) The provisions of Sub-section (1) shall not apply to a fire- fighting motor vehicle, ambulance and a motor vehicle used for the purpose of transporting patients.
Provided that, such a motor vehicle shall use a special type of sound and light in order to alert the pedestrians and other motor vehicles on the road.
116. Weight of motor vehicle: The Department may determine the limit of weight of a motor vehicle in respect of any public place. Where the limit of weight of a motor vehicle is so determined, no one shall drive, or cause to be
driven, the motor vehicle in that public place in excess of the limit of weight so determined.
117. Prescription of number of passengers and quantity of goods to be hold in motor vehicle: (1) The Department shall determine the number of passengers and the weight of goods permissible in a public motor vehicle and
publish a notice to that effect for information of the general public.
(2) A public motor vehicle may not carry persons or goods in excessof such number of persons or weight of goods as may be specified pursuant to Sub-section (1).
118. Power to impose restriction on driving motor vehicle: Notwithstanding anything contained elsewhere in this Act, the Department may impose restriction on driving any motor vehicle in any public place having regard to
public security and welfare of the general public. Where restriction is so imposed, the Department shall cause to be posted, displayed or affixed a notice thereof at that place.
119. Posting, displaying or affixing traffic signs: (1) The Department shall cause to be posted, displayed or affixed the necessary traffic signs of color, size and model conforming to international practice at such public places as
it may consider necessary.
(2) No one except the Department or a person deputed by the Department shall remove, replace, alter, erase, tear or deface the traffic signs which are posted, displayed or affixed pursuant to Sub-section (1).
120. Observation of traffic signs: (1) A driver shall, while driving a motor vehicle, observe the traffic signs.
(2) The traffic signs required to be observed by a driver shall be as prescribed.
121. Parking place and bus stand to be determined: The competent authority shall, in consultation with the officials of local bodies at the village,municipal and district levels, determine parking places and bus stands,
without causing adverse effects on traffic on the main roads.
122. Parking of motor vehicle dangerously: (1) A motor vehicle must not be parked in a public place in such a manner as to cause danger, obstruction or inconvenience to any other motor vehicle or person.
(2) If a motor vehicle breaks down during the motion and such a motor vehicle cannot be taken to other place immediately, the vehicle must be stationed on the left hand side of the road in order to avoid any accident
and must be guarded by a red lamp or reflector so that it can be visible from distance at night by other motor vehicles.
123. Prohibition on keeping passengers in other part of motor vehicle: A driver or owner or manager of motor vehicle may not drive, or cause to be driven, a motor vehicle by keeping passengers in other parts of the motor
vehicle except on the seats built for passengers, in the case of a motor vehicle plying on a long and medium route and by keeping passengers in other parts except on the seats built for passengers and inner parts, in the
case of a motor vehicle plying on a local route.
124. Prohibition on activity causing obstruction to driver: No one shall obstruct the driver by placing goods or standing beside the driver cabin in such a manner as to directly or indirectly affect the driver or behaving in any
other manner causing obstruction to the driver.
125. Prohibition on causing obstruction to traffic: No goods or motor vehicles shall be kept or stationed in any public place in such a manner as to cause obstruction to the traffic of human beings or motor vehicles.
Provided that, if owing to a special circumstance, it is necessary to keep any goods at a public place for some time, an intimation thereof must  be given to the nearest police office and approval of that office must be obtained.
126. Warning signs to be placed while digging pit at public place: (1) While digging a pit at a public place for a specific reason, a prior approval of the nearest police office must be obtained.
(2) While granting approval to dig a pit at any public place pursuant to Sub-section (1), the nearest police office shall cause warning signs to be so placed as to avoid an accident at that place.
127. Warning signs required to be placed on motor vehicle: Warning signs must be placed visibly on a cargo public motor vehicle that is engaged in the carriage of hazardous cargo of any kind in such a manner that other motor
vehicles and the general public come to know that the motor vehicle contains such goods.
128. Prohibition on route diversion of motor vehicle and taking passenger hostage: (1) No one shall intimidate, show fear or use any kind of force, or cause to do so, to the driver, while driving a motor vehicle on the scheduled
route, to divert the motor vehicle to another route.
(2) No one shall take any person travelling in a motor vehicle as hostage and make any kind of demand for the release of such a motor vehicle or the person held as hostage.
129. Prohibition to causing loss and damage to passenger and motor vehicle involved in accident: No one shall manhandle any passenger and any person serving in a motor vehicle who are injured or dead in an accident occurred to the motor vehicle or misappropriate or snatch away their belongings or to cause any loss or damage to them by any means.
130. Use of seat-belt and helmet during driving:

(1) While driving a motor vehicle as prescribed, the driver and a person seated on the front seat of the
motor vehicle shall use the seat-belt.
(2) While driving a motor-cycle or similar other two wheeled motor vehicle, the driver and the pillion rider shall use helmets.
131. Showing document as and when so demanded: (1) A driver shall show the driving license if the police or transport inspector wishes to examine it in the course of inquiry.
(2) If the police or transport inspector wishes to examine the registration certificate of a motor vehicle or route permit of a public motor  vehicle in course of inquiry, the driver of the motor vehicle, owner or
manager of motor vehicle shall show the registration certificate or route permit.
132. Stoppage of vehicle: A driver shall stop the motor vehicle which he or she is driving and shall keep it stand-still for an appropriate period as may be necessary if:
(a) the police or transport inspector gives a signal or order to stop the motor vehicle;
(b) a person that is in charge of an animal for the time being gives a signal or makes a request to stop the motor vehicle owing to the possibility that the animal may be shocked or frightened and thereby
become out of control;
(c) an accident has occurred to a motor vehicle, causing loss of life of any human being or animal or of property; or
(d) pedestrians are crossing the road at zebra-crossing or traffic lights at the inter-section of two or four cross roads are signaling to stop.
133. Duty of driver in case of accident: (1) If an accident is caused by a motor vehicle, causing any danger to the body of or injury to a person, the driver, conductor, security personnel of, or other employee working in, the motor
vehicle shall immediately make necessary arrangement for the treatment of that person.
(2) In the event of the absence of police personnel at the place where the motor vehicle has met accident as mentioned in Sub-section (1), the  driver shall immediately report to the nearest police office, with information
and particulars of the accident. If any police personnel enquire the concerned driver of any matter connected with the accident, the driver shall answer all matters asked.
134. Inspection of motor vehicle involved in accident: If, for the purpose of inquiry into an accident, the concerned police thinks it necessary to inspect a motor vehicle that has caused, or has been involved in, the accident, the
police may make such inspection by requiring the production of the motor  vehicle before him or her or by visiting the place where the motor vehicle is present.
135. Driving motor vehicle on left-side: (1) While driving a motor vehicle at any public place, the driver shall keep driving on the left side of the road in any place other than the prescribed place.
(2) If it is required to overtake a motor vehicle plying at the front, the motor vehicle at the rear must give a signal and overtake from the right side only after the driver of that motor vehicle has signaled to overtake. If the
motor vehicle at the rear gives such a signal to overtake, the motor vehicle at the front must, having regard to the prevailing conditions, give a signal to overtake it.
136. Walking on the pavement: A pedestrian shall walk only on the pavement of a road wherever it exists. While walking on a road that does not have such pavement, a pedestrian shall walk keeping himself or herself at the edge of
the road.
137. Crossing road at designated places: While crossing a road, a pedestrian shall do so only at the zebra-crossing, sub-way, overhead bridge or at the places designated for road-crossing.
138. Prohibition on straying of domestic animal: No one shall stray a domestic animal at a public place in such a way as to cause obstruction to the traffic of motor vehicles or human beings.
139. Information to be given: (1) The owner of a motor vehicle shall provideany such information as may be demanded by the competent authority, transport inspector or police in respect of that motor vehicle.
(2) If the information demanded pursuant to Sub-section (1) relates to a public motor vehicle or its driver, conductor, security personnel or any employee working in that motor vehicle, the owner or manager of that motor
vehicle shall give the information so demanded to the competent authority,
transport inspector or police.
140. Mobile inspector: (1) The police or transport inspector may, as and when necessary, carry out mobile inspection in order to inspect whether the provisions of this Act or the Rules framed hereunder are being observed or
not.
(2) If, in carrying out a mobile inspection pursuant to Sub-section (1), the police or transport inspector observes that any act as set forth in Section 164 is being committed, the police or transport inspector may immediately
punish the person who commits such act with the punishment set forth in that Section.
141. Prohibition on transferring driving license by driver to other person: No driver shall transfer his or her driving license to another person for driving a motor vehicle.
142. Prohibition on consuming liquor or other narcotic Substance: No driver shall consume any liquor or narcotic substance of any kind while driving a motor vehicle.
143. To turn on light while driving motor vehicle at night: While driving a motor vehicle at night or during fogs, the light of the vehicle must be turned on.
144. Prohibition on driving motor vehicle in bad condition: A motor vehicle whose condition is not good because of any of its spare parts being out of order must not be driven.

145. Rendering necessary assistance: A motor vehicle must render necessary assistance to any motor vehicle involved in an accident or the passengers remaining in that motor vehicle.

146. Publicity to be made or cause to be made: The Department shall make necessary arrangements from time to time for broadcasting programs relating to traffic signs through various means of communication for the purpose of
giving information of traffic signs to the general public in order to prevent motor vehicle accidents.

147. Prohibition on driving motor vehicle recklessly: No driver shall drive a motor vehicle recklessly.

Chapter-8   Provisions relating to insurance

Chapter-8   Provisions relating to insurance
148. Insurance of motor vehicle to be made:

(1) The owner or manager of a motor vehicle shall procure such insurance of each motor vehicle as may be
prescribed.
(2) The registration certificate of a motor vehicle which has not been insured pursuant to Sub-section (1) must not be renewed, and if that motor  vehicle is a public motor vehicle, that motor vehicle must not be enlisted for
the operation of the transport service and the route permit must not be issued.

149. Insurance of driver, conductor, security personnel and other employee:
(1) The owner or manager of a motor vehicle shall procure personal accident insurance in such a sum as prescribed in favor of the driver, conductor and security personnel of, and other employees serving in, each public motor
vehicle that is involved in operation of the transport service.
(2) If a driver, conductor, security personnel or other employee dies or becomes disabled in an accident of the motor vehicle, he or she himself or his or her nearest successor is entitled to the insured amount payable for that.
(3) If, in the course of operating the transport service without procuring insurance of the driver, conductor and security personnel pursuant to Sub-section (1), a public motor vehicle meets with an accident and any
kind of loss or damage is caused to them due to the accident, the owner or manager of the motor vehicle shall pay the insurance amount as set forth in Sub-section (1) to which they are entitled to them or their successors as
compensation.

150. Insurance of passenger:

(1) The owner or manager of a motor vehicle operating the transport service on any prescribed route shall procure personal accident insurance in such amount as may be prescribed in favor of each passenger travelling in that motor vehicle.
(2) If a passenger becomes disabled in a motor vehicle accident, the passenger is entitled to the amount of accident insurance payable for the disability, and if the passenger dies in the accident, his or her nearest successor is entitled to such amount of insurance as may be payable for the same.
(3) If, in the course of operating the transport service without procuring insurance of a passenger pursuant to Sub-section (1), a public motor vehicle meets with an accident, and any kind of loss or damage is
caused to the passenger travelling by the motor vehicle due to the accident, the owner or manager of the motor vehicle shall pay the insurance amount as set forth in Sub-section (1) to which the passenger is entitled to the passenger or his or her successor as compensation.
151. Insurance of passenger luggage:

(1) The owner or manager of motor vehicle operating the transport service on any specified route shall have to
procure the insurance of passenger luggage of each passenger traveling by the motor vehicle in such amount as may be prescribed.
(2)The owner or manager of motor vehicle shall not be liable to any amount of compensation claimed in excess of the amount of insurance procured pursuant to Sub-section (1) in the event of loss or destroy of such
luggage due to any cause irrespective of the actual value of the luggage.
(3) If in operating the transport service by any public motor vehicle without procuring the insurance of passenger luggage pursuant to Sub- section (1), the owner or manager of motor vehicle shall pay the insurance
amount as set forth in Sub-section (1), the owner or manager of motor vehicle shall pay the insurance amount as set forth in Sub-section (1) to which the passenger is entitled in the event of loss or destroy of any passenger luggage to the passenger or his or her successor as compensation.

152. Third party insurance:

(1) The owner or manager of a motor vehicle shall procure a third party insurance of such amount as may be prescribed for the purpose of providing compensation against a loss, if any, caused to a third party or any property belonging to the third party in any manner due to the motor vehicle accident.
(2) If a motor vehicle accident results in a loss to a third party or any property belonging to the third party, the third party or his or her successor is entitled to the amount referred to in Sub-section (1) for compensation against
the loss.
(3) If a motor vehicle plied without procuring the third party insurance or comprehensive insurance pursuant to Sub-section (1) meets with an accident thereby resulting in a loss or damage to any third party or his or her
property, the owner or manager of motor vehicle shall pay the insurance  amount as set forth in Sub-section (1) to which the third party or his or her successor is entitled for such a loss or damage to him or her or his or her
successor as compensation.

Chapter-9 Functions, duties and powers

Chapter-9 Functions, duties and powers
153. Functions, duties and powers of Department: The functions, duties and powers of the Department shall be as follows:
(a) To determine policies as required on operation of the transport service upon conducting, or causing to be conducted, study and research works on financial and technical aspects thereof, for operation of the
transport service in an organized and effective manner;
(b) To give necessary direction to the persons, firms, companies or organizations related with the transport service for the systematic management and development of transport;
(c) To prescribe the priority of the carriage of goods as per necessity, and give necessary direction to the persons, firms, companies or organizations related with the transport service for the carriage of goods in accordance with that priority;
(d) To determine routes, as per necessity, for the operation of the transport service, having regard to the pressure of passengers and determine the fares of public motor vehicles plying on the routes;
(e) To make arrangements for installing traffic signals at public places in accordance with international practices;
(f) To determine speed and weight of a motor vehicle and the number of passengers to be seated in a motor vehicle;
(g) To prepare and determine necessary criteria of tests to be conducted on mechanical condition and status of motor vehicles;
(h) To prescribe subjects and methods of examination to be given to drivers; and (i) To perform such other functions as may be necessary for the consolidation of the transport service.

154. Transport management committee: There shall be formed a transport management committee consisting of the following members in order to systematically operate the public motor vehicles plying in each area:
(a) Chief District Officer (of the district where the Transport Management Office is located) -Chairperson
(b) Chief, District Police Office – Member
(c) One representative of transport entrepreneurs -Member
(d) One representative of transport labors -Member
(e) Chief, Transport Management Office -Member secretary

155. Functions, duties and powers of transport management committee: The functions, duties and powers of the transport management committee shall be as follows:
(a) To engage public motor vehicles in operating the transport service in order to operate the transport service within its area in an uninterrupted manner;
(b) In the event of necessity, to fix a route for a certain period at a place where a route is not fixed within its area for the operation of the transport service on that route, to fix a temporary route and make a recommendation to the Department for the fixation of fares of the public motor vehicles plying on that route;
(c) To inspect, or cause to be inspected, whether the public motor vehicles are operating the transport service within its area upon obtaining the route permit and have renewed the permit from time to time;
(d) To inspect, or cause to be inspected, from time to time, whether the  public motor vehicles plying within its area have undergone the road tests from time to time and whether they have provided the regular
transport service subject to this Act or the Rules framed hereunder;
(e) To conduct study on matters including the pressure of passengers and the number of motor vehicles within its area, and if it appears necessary to operate the transport service at any place, to make
recommendation to the Department for the determination of a route at that place; and
(f) To perform such other functions as may be necessary for the smooth operation of transport service within its area.

156. Examination committee:

(1) There shall be formed an examination committee consisting of the following members to give examination
pursuant to Section 49, in order to ascertain whether a person who makes an application for the driving license has the ability to drive the motor vehicle.
(a) Chief, Transport Management Office -Chairperson
(b) A police officer designated by the Government of Nepal -Member
(c) An expert designated by the Government of Nepal -Member
(2) The committee referred to in Sub-section (1) shall give examination to the persons who make application for the driving license and recommend the successful candidates to the competent authority for issuing the driving license.
(3) The committee referred to in Sub-section (1) shall hold its meetings as and when necessary as determined by the committee.
(4) The subjects and methods of examination of drivers to be given by the committee referred to in Sub-section (1) shall be as prescribed by the Department.

157. Appointment of transport inspector: The Government of Nepal may appoint a transport inspector to inspect whether the motor vehicles are being driven subject to the provisions of this Act or the Rules framed hereunder
and whether the public motor vehicles that are engaged in the transport service have fulfilled such terms as required to be fulfilled under this Act or the Rules framed hereunder.

158. Functions, duties and powers of transport inspector: The functions, duties and powers of the transport inspector shall be as follows:
(a) To inspect whether or not a public motor vehicle that is engaged in the transport service is operating the transport service on the route for which it has obtained the route permit;
(b) To inspect whether or not a public motor vehicle that is engaged in the transport service loads passengers and goods subject to the determined seats and weight capacity;
(c) To check whether or not a motor vehicle that is engaged in the transport service has undergone such road test from time to time as required to be undergone pursuant to this Act and whether the transport service so operated is listed;
(d) To check the driving license, conductor license and passenger manifesto and verify the fares charged to the passengers against the passenger tickets in order to check whether or not the fares are collected according to the prescribed fares, and to inspect whether or  not the motor vehicles are driven at the determined speed; and
(e) To inspect, from time to time, whether the drivers, conductors, owners or managers of motor vehicles have complied with the provisions of this Act or the Rules framed hereunder.

159. License to be obtained to operate training center, factory and workshop:
(1) A person, firm, company or organization intending to run a training activity for driving any kind of motor vehicle or to operate a driving training center or a factory for construction of bodies of buses or trucks or an
automobile workshop shall obtain a license from the Department.
(2) A person intending to obtain the license as referred to in Sub- section (1) shall make an application in such form and accompanied by such fees as may be prescribed to the Department.
(3) If an application is made pursuant to Sub-section (2), the  Department may, upon inquiring into whether or not the person, firm, company or organization who has made the application is capable of operating the training center, factory or workshop intended to be so operated, issue the license for the operation of that training center, factory or workshop, as the case may be.

Chapter – 10 Provisions relating to punishment

Chapter – 10 Provisions relating to punishment
160. Punishment:

(1) The competent authority shall punish a person who drives or causes another person to drive a motor vehicle displaying a number or number plate other than the actual number or number-plate as indicated in
the registration certificate with imprisonment for a term not exceeding Six months or with a fine from Five Thousand to Fifteen Thousand Rupees, along with the confiscation of that motor vehicle.
(2) The competent authority may punish a person who commits, or causes the commission of, the following act with the following fine:
(a) A fine from Five Hundred to Two Thousand Rupees, in the case of a person who commits, or causes the
commission of, an act in contravention of Sections 12 , 45 or 117.
(b) A fine from One Thousand to Five Thousand Rupees, in the case of a person who commits, or causes the
commission of, an act in contravention of Sections 14 , 29, 39, 75, 93, 96, 125 or 129.
(c) A fine from Two Thousand to Ten Thousand Rupees, in the case of a person who commits, or causes the
commission of, an act in contravention of Section 159.
(3) The competent authority may punish a person who commits, or causes the commission of, an act in contravention of this Act or the Rules made or orders issued hereunder, except as provided in Sub-section (1) or
(2), with a fine from Two Hundred to One Thousand Rupees.
(4) The court may sentence a person who commits, or causes the commission of, an act in contravention of Section 128 to punishment of a fine not exceeding Twenty Five Thousand Rupees or imprisonment for a
term not exceeding Five years or both punishments and order the payment of appropriate compensation by that offender to the person who has suffered loss and damage.
(5) The court may sentence a person who commits, or causes the commission of, an act in contravention of Section 165 to punishment of a fine of One Thousand Rupees or imprisonment for a term not exceeding One
year or both punishments and order the payment of appropriate compensation by that offender to the person who has suffered loss and damage.
161. ? Punishment in the event of death: (1) If a person driving a motor vehicle runs over or knocks down any person or causes a motor vehicle accident in any manner and that person who is inside the motor vehicle or in any place
outside the motor vehicle dies immediately or within the period set forth in the Chapter on Homicide of the General Code (Muluki Ain) as a result of that accident, and if such act is committed with intention to kill that person, the
person driving the motor vehicle shall be punished with a sentence of life- imprisonment along with confiscation of his or her entire property. If, despite the commission of such act with intention to kill, the victim survives death,
the person driving the motor vehicle shall be punished with imprisonment for a term from Five years to Twelve years, according to the gravity of offence.
(2) If a person driving a motor vehicle runs over or knocks down any person or causes a motor vehicle accident in any manner and that person who is inside the motor vehicle or in any place outside the motor vehicle dies
immediately or within the period set forth in the Chapter on Homicide of the General Code (Muluki Ain) as a result of that accident, and despite that such act has not been committed with intention to kill that person, the fact that
motor vehicle accident has taken place due to the fact that the person has driven the motor vehicle knowingly or recklessly that such a driving of motor vehicle is likely to result in the death of any person, the person driving
the motor vehicle shall be punished with imprisonment for term of Two years to Ten years, according to the gravity of offence.
(3) If a person while driving a motor vehicle in a circumstance where it does not appear likely to result in the death of any one meets with an accident resulting in the death of a person who is inside the motor vehicle or
in any place outside the motor vehicle, the person driving the motor vehicle shall be punished with imprisonment for term not exceeding One year or a fine not exceeding Two Thousand Rupees or with both punishments.
(4) If a person who does not hold the driving license drives a motor vehicle and thereby commits any offence referred to in Sub-section (1) or (2), that person shall be punished with an additional fine of Two Thousand
Rupees, in addition to the punishment to which that person is liable under that Sub-section.
Provided that, the additional fine shall not be imposed if the offence is punishable with life imprisonment, along with confiscation of property.
(5) If the owner of a motor vehicle or a person in charge of a motor vehicle permits the motor vehicle to be driven by a person who does not hold the driving license and the motor vehicle runs over or hits a person or meets
with an accident and consequently that person dies, the person who so permits that motor vehicle to be driven shall be punished with imprisonment for a term not exceeding Two years.
162. ? Punishment in the event of disablement: (1) If a motor vehicle driven by a person runs over or hits a person or meets with an accident and a person who is inside the motor vehicle or in any place outside the motor vehicle
becomes disabled as a result of that accident and such act is committed with mala fide intention, the person so driving the motor vehicle shall be punished with imprisonment for a term not exceeding Eight years and with a fine not exceeding Ten Thousand Rupees if such disablement is either blindness or impotency. In the event of disability of any organ other that these two deformities, the offender shall be punished with imprisonment for a tern not
exceeding Eight years and with a fine not exceeding Five Thousand Rupees; and in the event of disability of only one organ out of the two existing organs having similar functions in the body, half the punishment referred to in
above shall be imposed. If such defectiveness becomes cured and functional, the person so driving the motor vehicle shall be punished with a fine of Five Thousand Rupees.
(2) If a person who does not hold the driving license drives a motor vehicle and thereby commits any offence referred to in Sub-section (1), that person shall be punished with an additional fine of Five Thousand Rupees, in
addition to the punishment to which that person is liable under that Sub- section.
(3) If the owner of a motor vehicle or a person in charge of a motor vehicle permits the motor vehicle to be driven by a person who does not hold the driving license and the motor vehicle runs over or hits a person or meets
with an accident and consequently a person who is inside the motor vehicle or in any place outside the motor vehicle becomes disabled, the person who so permits that motor vehicle to be driven shall be punished with a fine of
Two Thousand Rupees.
163. Payment of medical expenses, obsequies expenses and compensation: (1) If any kind of loss or damage is caused to any party by a motor vehicle accident, the following amount shall be caused to be paid as medical
expenses and compensation by the driver or owner or manager of the motor vehicle to the victim:
(a) In the case of death, Ten Thousand Rupees as obsequies expenses and an amount equivalent to personal
accidents insurance to which the third party is entitled pursuant to this Act if no third party insurance has been
procured, as compensation to the successor of the deceased;
(b) In the case of disablement which is not functional despite being cured, an amount equivalent to personal
accidents insurance to which the third party is entitled pursuant to this Act for disablement if no third party
insurance has been procured for compensation against the disablement, and Five Thousand Rupees as medical
expenses if such organ is functional.
(2) The Chief District Officer ? shall immediately cause the amount of obsequies expenses and compensation to be paid to the successor of the deceased in the event of death of that person in a motor vehicle accident and
the amount of medical expenses to be paid to the person who sustains disablement in the accident by the driver, owner or manager of the motor vehicle pursuant to Sub-section (1).
(3) If, expect as provided in Sub-section (1), a driver drives a motor vehicle in contravention of this Act or the Rules framed or orders issued hereunder and the motor vehicle meets with an accident resulting injury to
any person, the Chief District Officer ? shall immediately cause the driver, owner or manager of the motor vehicle to pay a sum of Two Thousand Rupees, as medical expenses, to that person, having regard to the existing
condition of injury. If the person so injured becomes entitled to compensation of a larger amount subsequently, that person shall be paid only the residual amount after deducting the medical expenses so paid earlier.
(4) Notwithstanding anything contained above in this Section, the driver shall not be required to pay more than five percent of the total amount of medical expenses, obsequies expenses and compensation payable under
this Section.

(5) If the driver is required to pay the amount of medical exp enses, obsequies expenses and compensation required to be paid pursuant to Sub section (1) or (2) but the driver is unable to make such payment and such
amount is not recovered even from the attachment of his or her property made in accordance with the laws in force, the amount which is not so recoverable shall be recovered from the fine realized from him or her.
(6) ⊗ Payment of insurance amount for compensation to be borne by an insurance company in accordance with the provisions set forth in this Section shall be caused to be made as soon as possible.
164. Power to transport inspector or police to impose fine on the spot: (1) Notwithstanding anything contained elsewhere in this Act, the transport inspector or a police officer not lower than the rank of sub-inspector of
police may punish on the spot a person who commits the following offence for the first instance with a fine of Twenty Five Rupees to Fifty Rupees, a person who commits the following offence for the second instance with a
fine of Fifty Rupees to One Hundred Rupees and a person who commits the following offence for the third instance or more with a fine of One Hundred Rupees to two hundred rupees:
(a) Driving a motor vehicle contravening the traffic signs or  signals;
(b) Standing a motor vehicle at such place or time as may be prohibited for such standing;
(c) Turning a motor vehicle or using sound-signal at a place
where such turning or sound-signal is prohibited;
(d) Driving a motor vehicle on the wrong side of a road;
(e) Driving a motor vehicle from the opposite side on a one-way road;
(f) Driving a motor vehicle of unworthy condition;
(g) Driving a motor vehicle in excess of the determined speed;
(h) Driving a motor vehicle at night without turning lights on;
(i) Driving a motor vehicle after consumption of liquors;
(j) Parking a motor vehicle at a public place in such a way as to cause obstruction to others;
(k) Driving a motor vehicle at a place or hour prohibited for such driving;
(l) Driving a motor vehicle without a number-plate;
(m) Driving a motor vehicle of which weight is more than the determined weight at a place for which the limit of
weight of a motor vehicle is determined;
(n) Driving a motor vehicle without fastening the seat-belt or without using the helmet;
(o) In the event of determination of the number of people to be seated or kept in or the weight of goods to be loaded
in a motor vehicle, driving a motor vehicle carrying passengers or goods exceeding such determined number
or weight;
(p) Refusing to accept a passenger by the driver of a public motor vehicle;
(q) Driving a motor vehicle by charging fares at a rate exceeding the fixed rate of fares;
(r) Driving a motor vehicle recklessly;
(s) Driving a public motor vehicle without obtaining the route permit; or
(t) Driving a motor vehicle without possessing the driving license.
(2) If any person is unable to pay the amount of fine imposed on the spot by the transport inspector or police pursuant to Sub-section (1), the transport inspector or police shall give a traffic-ticket to that person,
requiring him or her to pay such amount to the concerned police office or competent authority within a period of Twenty Four hours.
(3) Notwithstanding anything contained in Sub-section (1), even though a police officer not lower than the rank of sub-inspector of police is not present for the time being on the spot to punish a person at a time when
that person commits an offence as referred to in Sub-section (1), any police personnel present on the spot shall give a traffic-ticket to the offender of that offence specifying the kind of offence committed by him or her and
requiring him or her to pay the amount of fine imposable on him or her for that offence to the concerned police office within a period of twenty four hours.
(4) While issuing a traffic-ticket referred to in Sub-section (2) or (3), the recipient of the traffic-ticket shall also be caused to sign its duplicate copy.
(5) If the concerned person fails to pay the amount of fine to the competent authority or the concerned police office within the period referred to in Sub-section (2) or (3), the competent authority may punish that person
with a fine not exceeding one thousand rupees and suspend the driving license if that person is a driver or the route permit if that person is the owner or manager of a motor vehicle or the license obtained by them to operate the
transport service for a period not exceeding one month. ? (6) ⊗ In the event of failure to pay the amount of fine even within the period of suspension made pursuant to Sub-section (5), the competent authority may revoke that driving license, route permit or license obtained to operate the transport service, as the case may be.

Chapter-11 Miscellaneous

Chapter-11 Miscellaneous
165. Prohibition on causing loss or damage: No one shall commit, or cause the commission of, any act of physical assault upon the driver, conductor, security personnel, other employee and passenger of a motor vehicle, holding
up, destructing the motor vehicle or otherwise causing any loss or damage to the motor vehicle or to any person travelling or goods loaded in the motor vehicle.

166. Payment required to be made by owner or manager of motor vehicle:
Except where a driver has contravened the provisions of this Act or the Rules framed or orders issued hereunder recklessly or with mala-fide intention, the owner or manager of motor vehicle concerned shall make payment of such
amount of fine, medical expenses, obsequies expenses or compensation as required to be paid by the driver pursuant to this Act.

167. Exemption from punishment: In a case where any loss or damage is caused by an accident that is resulted from a circumstance beyond the control of the driver of a motor vehicle on any conditions other those set forth in Sections
161 and 162, the driver of that motor vehicle shall not be subject to any punishment.

168. Operation of transport service in competitive manner: ? Notwithstanding anything contained elsewhere in this Act, no license shall be so issued as to allow the operation of transport service by public motor vehicles under the
queue system, for the purpose of developing the transport business in a healthy competitive manner.

169. Power to give direction: The Government of Nepal, Department or Proviso has been deleted by Public Procurement Act, 2049.  competent authority may give necessary direction to transport entrepreneurs
to make the transportation business effective and to make the transport service simple and easily available. It shall be the duty of the transport entrepreneurs to abide by the direction so given.

170. Delegation of authority: The Department or competent authority may, as  required, delegate any or all of the powers conferred to the Department or competent authority under this Act to any committee, official, transport
inspector or police.

171. Appeal:

(1) An appeal may be made in the Department against a decision or order of punishment made by the competent authority, police or transport inspector in accordance with this Act.
(2) An appeal may be made in the Court of Appeal against a decision or order made by the Department in accordance with this Act.

172. ? Limitation for filing complaint and period for making appeal:

(1) A complaint must be made in relation to an offense under Section 161 within the period set forth in the Chapter on Homicide of the General Code (Muluki Ain), in relation to an offense under Section 162 within the period set forth in the Chapter on Battery of the General Code (Muluki Ain) and in relation to the other offenses under this Act within thirty days after the date of commission thereof.
(2) An appeal must be made in relation to the offenses under this Act, other than the offenses under Sections 161 and 162, within a period of thirty five days after the date of receipt of information of the decision or order.

173. Duty to render assistance: If the competent authority or transport inspector seeks any kind of assistance in the course of implementation of this Act or the Rules made or orders issued hereunder, it shall be the duty of all the
concerned including the police to render such assistance.

174. Observation of Act by driver of other motor vehicle: If it is not required by this Act to obtain a driving license to drive any motor vehicle or any motor vehicle which need not to be registered pursuant to this Act, the driver
of such a motor vehicle shall observe the traffic signs as established by this Act or the Rules framed or orders made hereunder.

175. Saving of act done in good faith: The competent authority or the committee, official, transport inspector, police employee or other concerned employee whom the authority has delegated powers to shall not be
personally liable for any act done by him/her if it is done in good faith while carrying out own duties.

176. Special powers: Notwithstanding anything contained elsewhere in this Act, the Government of Nepal may exempt the application of any provision of this Act in respect of any vehicle for the prescribed period.

176A. ⊗ Government to be the Plaintiff: A case falling under Sections 161 and 162 shall be a Government case and the case shall be deemed to be included in Schedule-1 of the State Cases Act, 1991.

177. Power to remove difficulty: If there arises a difficulty in the course of implementation of this Act, the Government of Nepal may remove the difficulty by issuing an order upon a notification in the Nepal Gazette.

178. Power to make alteration in Schedules: The Government of Nepal may, by a notification in the Nepal Gazette, make necessary alteration in the Schedules.

179. Power to frame Rules: The Government of Nepal may frame necessary Rules for the accomplishment of the objects of this Act.

180. Repeal and saving:

(1) The following Acts are hereby repealed:
(a) The Motor Vehicles Act, 1963.
(b) The National Transport Management Act, 1969.
(2) All acts or actions done or taken pursuant to the Acts referred to in
Sub-section (1) shall be deemed to have been done or taken under this Act.

Schedule-1

Schedule-1
(Relating to Sections 3, 4 and 5)
Classification of Motor Vehicles
Clause (a):
Heavy motor vehicles (relating to Section 3):
Bus, truck, tractor, fire brigade, dozer, loader, dumper, crane, roller, etc.
Clause (b):
Medium motor vehicles (relating to Section 4):
Minibus, mini-truck, jeep, pick-up, van, crane, tractor, roller, etc.
Clause (c):
Light motor vehicles (relating to Section 5):
Car, jeep, van, pick-up, motor cycle, scooter, tempo, power tiller, etc.

Schedule-2 

Schedule-2
(Relating to Sections 6, 7, 8, 9, 10 and11)
Number Plate of Motor Vehicle
Clause (a):
Public motor vehicle (relating to Sub-section (5) of Section 6):
It must be in white figures and letters on a black plate.
Provided that, from now-onwards, the number plate of a tempo and
micro-bus registered with the Bagmati Zone and to be plied within and
outside the ring road of the Kathmandu Valley must be in black figures and
letters on a white plate. 2
Clause (b):
Tourist motor vehicle (relating to Sub-section (2) of Section 7):
It must be in white figures and letters on a green plate.
Clause (c):
Private motor vehicle (relating to Sub-section (3) of Section 8):
It must be in white figures and letters on a red plate.
Clause (d):
Government motor vehicle (relating to Sub-section (2) of Section 9):
It must be in red figures and letters on a white plate.
Clause (e):
Motor vehicle of a body corporate or corporation (relating to Sub-section (2)
of Section 10):
It must be in green figures and letters on a yellow plate.
1 The Schedule itself altered by the notice published in the Nepal Gazette dated 20 September 1999.
2 The proviso inserted by the notice published in the Nepal Gazette dated 19 October 2000.
70 Clause (f):
Diplomatic motor vehicle (relating to Sub-section (2) of Section 11):
It must be in white figures and letters on a blue plate.
Note:
1. The upper and lower half part of the number plate of motor vehicle carrying
the Prime Minister, Chief Justice, Speaker of the House of Representatives,
Chairperson of the National Assembly or member of the Council of
Ministers must be in white figures and letters on the blue background.
2. The size of a number plate of every kind of heavy or medium motor vehicle
must be 14″ x 8″, that of a four-wheel motor vehicle out of light motor
vehicles must be12″ x 7″, that of a three-wheel tempo etc. must be 10″ x 7″
and that of two-wheel motor cycle, scooter etc. must be 8″ x 5″.
3. The height and breadth of figures and letters in which the number plate of a
heavy motor vehicle and of a medium motor vehicle is written must be three-
inch and ½ inch, that of a four-wheel and three-wheel tempo etc., out of the
light motor vehicles, must be two-inch and ½ inch and that of a motor cycle,
scooter etc. must be two-inch and 3/8 inch, respectively.
4. The number plate of a motor vehicle must be written in figures and letters
leaving ½ inch (1/4 inch in the case of the number plate of a motor cycle,
scooter, etc.) on all the four sides of the number place. The distance between
the figures and letters must be at least ¼ inch and that between the upper and
lower lines must be at least ½ inch.

Schedule-3

Schedule-3
(Relating to Section 16)
Form of motor vehicle registration certificate
Government of Nepal
Ministry of Works and Transport
Department of Transport Management
……………………. Transport Management Office
Motor vehicle registration number:
Type of motor vehicle:
Date of registration:
Name, surname of the owner of motor vehicle:
Address:
Signature of the owner of motor vehicle:
Signature of officer:
Photograph of the owner of motor
vehicle
Registering officer’s signature:
Date:
Date of execution of transmission:
Photograph of the owner of motor
vehicle
Name, surname and address of the owner of motor vehicle:………………..
………………………………………………………………………………………
…………………………………………………………
Renewing officer’s:
Signature:

 

Detail description of the motor vehicle:
1. Name of the company:
2. Model of the motor vehicle (year):
3. Cylinder number:
4. Horse power (CC):
5. Chassis number:
6. Engine number:
7. Color of the motor vehicle:
8. Seat capacity (including the driver):
9. Weight:
10. Petrol/diesel:
11. Whether a radio, cassette player, telephone etc. is installed or not:
12. Name of seller company or person from whom it has been purchased:
13. Use:
14. Area to be plied in:
15. Customs proof:

Schedule-4

Schedule-4
(Relating to Section 21)
Government of Nepal
Ministry of Works and Transport
Department of Transport Management
……………………. Transport Management Office
Ref. No.:
Dispatch No.: Branch: Date:
Reference No. and date of received letter:
Re: Provisional number.
Based on the application made by…………person/firm/company to this Office and the evidences accompanied by the application, a provisional number has been given to the motor vehicle with the following description for the prescribed period.
1. Name, surname and address of the owner of motor vehicle:
2. Provisional number given:
3. Period of provisional number:
4. Customs proof:
5. Manufacturer of motor vehicle:
6. Type of motor vehicle:
7. Cylinder number:
8. Horse power (CC):
9. Chassis number:
10. Engine number:
11. Color of motor vehicle:
12. Seat capacity (including the driver):
13. Weight:
14. Petrol/diesel:
15. Old plate number of motor vehicle

Schedule-5 

Schedule-5
(Relating to Section 67)
Conductor License

 

 

1. Name:
Citizenship certificate number:
Father/husband’s name:
Address:
This conductor license is hereby issued to you in respect of the following vehicles:
(a) Bus
(b) Minibus
(c) Truck

 

Government of Nepal
Ministry of Works and Transport
Department of Transport Management
……….Transport Management Office
Passport number;
Blood group:
Conductor’s signature:
2. Address:
3. Principal place of business:
4. Type of service to be operated:
5. Name, surname and designation of owner/partner/director (principal person):
6. Address:
……………. ……………….
(Principal person’s signature) (Director General’s signature)

Schedule-7

Schedule-7
Address:
Signature of the owner or manager of motor vehicle:
Type of motor vehicle:
Capacity: Motor vehicle number:
Chassis number:
Transmission
As per the application dated……………… and the registration certificate
dated……………………, the vehicle is hereby transmitted from the name of
…………………… to………………………
Officer’s signature:
Date:

Schedule-8

Schedule-8
(Relating to Section 95)
(Form of license to operate transport service)
Government of Nepal
Ministry of Works and Transport

Department of Transport Management                                                                                         

Registration number:
Registration date:
This license is hereby issued to operate the following service pursuant to Section 93  of the Motor Vehicles and Transport Management Act, 1993.
(1) Name of person/firm/company:
(2) Address:
(3) Principal place of business:
(4) Type of service to be operated:
(5) Name, surname and designation of owner/partner/operator (principal person):
(6) Address:
Principal person’s signature: Director General’s signature

Schedule-9

Schedule-9
(Relating to Section 77)

(Form of route permit)
Government of Nepal
Ministry of Works and Transport Department of Transport Management
………………Transport Management Office

Licensing authority’s:
Name:
Designation:
Signature:
Date:
Length of chassis:
Engine number:
Model:
Name and address of the manufacturing company or organization of motor vehicle:
Name and address of the body making factory:
License number:
Type of motor vehicle:
Name of the owner or manager of motor vehicle:

Civil Service Act, 2049 (1993)

Civil Service Act, 2049 (1993)
Date of Authentification and Publication
2050.2.4 (17 May 1993)
Amendments:
1. Nepal Health Services Act, 2053 (1997) 2053.11.15 (February 16, 1997)
2. Civil Service (First Amendment) Act, 2055 (1998) 2055.3.29 (July 13, 1998)
3. Some Nepal Acts Amendments Act, 2057(2000) 2057.4.26 (August 10, 2000)
4. Parliament Secretariat Act, 2058 (2001) 2058.8.28 (December 13, 2001)
5. Civil Service (Second Amendment) Act, 2064 (2007) 2064.4.23 (August 8, 2007)
Act No. 2 of the year 2050 (1993)
An Act Made to Provide for the Constitution, Operation and
Conditions of Service of the Civil Service
Preamble : Whereas, it is expedient to make provisions on the constitution, operation and conditions of service of the civil service in order to make the civil service more competent, vigorous, service-oriented and responsible;
Now, therefore, be it enacted by Parliament in the Twenty-second year of the reign of His Majesty King Birendra Bir Bikram Shah Dev

Chapter 1 Preliminary

Chapter 1 Preliminary
1. Short Title and Commencement

(1) This Act may be called as “Civil Service Act, 2049 (1993)”.
(2) This Act shall come into force immediately.
2. Definitions : In this Act, unless the subject or the context otherwise requires :-
(a) “Civil Service” means the civil service constituted pursuant to Section 3.
(b) “Civil Employee” means any person who is holding a post of the civil service.
(c) “Authority” means any official with powers to make appointments pursuant to Section 9.
(d) “Family” means the husband, wife, son, unmarried daughter, adopted son, unmarried adopted daughter, father, mother or step mother living together with a Civil employee and whom he/she himself/herself has to maintain and subsist, and this term also includes his/her grandfather, grandmother in the case of a
? male and unmarried female employee, and her mother-in-law, father-in-law, in the case of married female ●
employee.
(e) “Head of Department” means the prescribed official.
(f) “Head of Office” means the head employee of the prescribed office.
(g) “Permanent post” means a post of the civil service which is  pensionable and of which term is not specified.
(h) “Expert post” means a post which has functions, duties and responsibilities of special nature and requires special
qualifications.
● (h1) “Trade union of civil employees” means the trade union of the civil employees constituted pursuant to Sub-section (1) of  Section 53.
● (h2) “Authentic trade union of civil employees” means the authentic trade union of the civil employees constituted
pursuant to Sub-section (3) of Section 53.
(i) “Prescribed” or “as prescribed” means prescribed or as prescribed in the rules framed under this Act.

Chapter 2  Constitution of Civil Service

Chapter 2  Constitution of Civil Services
▲ 2A. Central body vis-à-vis Personnel Administration :

(1) The Ministry of General Administration shall, in order to run the administration of the country, act as the central body in respect of the constitution, operation and conditions of service of the civil service and the management and operation of the civil employee.
(2) Any acts pertaining to the administration of the civil employee, other than the acts mentioned in this Act or the Rules framed under this Act, shall not be carried out without policy approval of the Ministry of General Administration.
3. Constitution of Civil Service : Government of Nepal shall constitute the civil services as follows:
? (a) Nepal Economic Planning and Statistics Service;
(b) Nepal Engineering Service;
(c) Nepal Agricultural Service;
(d) Nepal Judicial Service;
• (d1) Nepal Foreign Service;
(e) Nepal Administration Service;
• (e1) Nepal Audit Service;
(f) Nepal Forestry Service;
(g) Nepal Miscellaneous Service;
(h) Nepal Education Service;
(i)
♦ ———————–
(j)
♥ ———————–
? 4.
Class : (1) There shall be the following classes in the civil service:
Gazetted Non-gazetted
Special First
First Second
Second Third
Third Fourth
Fifth
?
(2) If any employee working in the classless post intends to be affiliated with the class at the time of commencement of this Section, the employee may be affiliated as prescribed with the Non- gazetted fifth class.
• 4A. Special provision relating to integrated civil service system :
Notwithstanding anything contained in Section 4, the Government of Nepal shall commence the integrated civil service system by converting classes of the civil service into the layer system from
such date as may be appointed by a Notification in the Nepal Gazette.
5. Posts of Service : (1)There shall be technical and administrative posts including the expert post in different classes of the civil service.
(2) In addition to those mentioned in Sub-section (1), there may also be classless posts, as prescribed, in the Civil service.
(3) ? ———
• 5A. Job description : (1) Based on the job description of the organization approved by the Government of Nepal, the concerned Secretary, Head of Department and Head of Office must prepare and enforce the job description of each civil post. Such job description must clearly specify, inter alia, the functions, duties, responsibilities
and powers of such post and qualifications for the same.
(2) In posting the civil employee to any post, the job description and the indicators for the evaluation of functions as
specified in the job description must also be provided, along with the posting letter.
(3) Other provisions relating to the job description shall be as prescribed.
6. Groups and sub-groups : (1) There may also be different groups and sub-groups, as prescribed, in the civil service.
▲(la) Notwithstanding anything contained in Sub-section (1), there shall not be service, group or sub-group above the gazetted first class of other service, except in the post of ? Nepal Judicial Service and Nepal Audit Service.
(2) The minimum qualifications required for different posts in  the groups and sub-groups of different civil services shall be as prescribed

Chapter 3 Fulfillment of Vacancy of Civil Service

Chapter 3 Fulfillment of Vacancy of Civil Service
▲ 6A. Creation of positions :

(1) The number of positions in the civil service shall be created as prescribed.
? (2) In preparing an organizational structure and creating a new position in order to establish a new governmental office or reviewing or altering the currently existing organizational structure and positions, the concerned Ministry shall carry out an organizational and management survey, based, inter alia, on the programme, work-load, job nature and available human resource, obtain consent of the Ministry of Finance and forward it to the
Ministry of General Administration.
• (2a) Based on the consent obtained pursuant to Sub-section (2), the Ministry of General Administration shall make its evaluation  and submit it to the Government of Nepal, Council of Ministers for  approval within Thirty days.
Provided that in the case of an alteration in the organization structure and position, a report on such alteration in organization structure and position may be submitted after carry out organization
and management survey.
(3) Any post fulfilled by creating the position in contravention of Sub-sections ? (1), (2) and (2a) shall ipso facto
lapse.
7. Fulfillment of vacancy in civil service : (1) The posts of Gazette special class of the civil service shall be fulfilled pursuant to Section 19 and following posts shall be fulfilled as follows:

2) The employees serving in the post of Bahidar or equivalent thereto of the non-gazetted forth class at the time of
commencement of this Section shall ipso facto be settled into non-  gazetted third class from the date of commencement of this Section.
(3) Notwithstanding anything contained in Clauses (c) of Sub-  section (1), if any post of non-gazetted third class is not held by any civil employee, that post shall ipso facto lapse. If the employee holding the post of non-gazetted third classes has completed such service period and possesses such minimum educational qualifications as required for the post to which he/she is to be promoted, he/she shall ipso facto be promoted to the one class
higher post. The higher class post shall ipso facto be created for  making such promotion; and the lower post shall ipso facto lapse after such promotion to the higher post.
(4) The Government of Nepal shall specify the classless postsinto those of main workers and assistant workers by a Notification in the Nepal Gazette.
(5) The posts falling vacant at the time of commencement of this Section and the classless posts with duties of assistant workers specified pursuant to Sub-section (4) falling vacant after the commencement of this Section shall ipso facto lapse. The concerned office shall inform the Civil Employees Records Office to terminate
such posts. The duties of such posts shall be contracted out to any person or institution by making a contract with such person or institution and with specification of the minimum salary.
(6) Out of the posts to be filled up through internal competitive examination as referred to in Clause (d) of Sub-section (1), the non-gazetted second class posts shall be filled up through open competition from amongst the employees who are serving in non-gazetted third class and classless posts and have obtained
minimum educational qualification and minimum service period .
(7) Notwithstanding anything contained in Sub-section (1), in order to make inclusive the civil service, forty-five percent posts of the posts to be fulfilled by open competition shall be set aside and be filled up by having separate competition between the following candidates only, by considering the percentage into cent percent:
(a) Women -Thirty Three Percent
(b) Adiwasi/Janjati -Twenty Seven Percent
(c) Madhesi -Twenty Two Percent
(d) Dalit – Nine Percent
(e) Disabled (differently able)- Five Percent
(f) Backward Area – Four Percent
Explanation:
(1) For the purposes of this Sub-section “backward area” means Accham, Kalikot,
Jajarkot, Jumla, Dolpa, Bajhang, Bajura, Mugu and Humla districts.
(2) For the purposes of Clauses (a), (b), (c) and (d) of this Sub-section, “women,
Adiwasi/Janajati, Madhesi, and Dalit” means women, Adiwasi/Janajati, Madhesi,
and Dalit who are backward economically and socially.
(8) Notwithstanding anything contained elsewhere in this Section, the posts of the percentage determined pursuant to Clause
(e) of Sub-section (7) shall be filled up through competitive examination between such disabled only as may be specified for any specific nature of work.
(9) While determining the percent pursuant to Sub-section (7), if there is a fraction that is less than One percent, the fraction shall continue to pass on to the immediately next group of the group in respect of which such fraction has resulted.
(10) If no appropriate candidate is available from the advertisement for a post set aside pursuant to Sub-section (7) in the year of advertisement, such post shall be included in the advertisement of next year, and if any appropriate candidate is not available even upon such advertisement, such post shall be included
in the posts to be filled up through the open competition in that year.
(11) The provisions for the fulfillment of posts through the  percent determined pursuant to Sub-section (7) shall be reviewed in every Ten years.
(12) If there arises any dispute on the determination of posts as per the percent as referred to in Sub-section (7), the decision made by the Public Service Commission shall be final.
(13) Notwithstanding anything contained elsewhere in this Section, the Government of Nepal may, by a Notification in the Nepal Gazette, specify the post that can be competed only be women for any specific nature of function or post.
(14) Notwithstanding anything contained elsewhere in this Section, permanent appointment may be made by way of a competitive examination, between such women candidates only,
specified by the Public Service Commission to the prescribed post for one time after the commencement of this Section as have obtained necessary minimum qualification for any post and have worked for at least five years temporarily in the permanent post of the women development program operated by a governmental body.
(15) The posts to be filled up through the adjustment of work performance and experience pursuant to Sub-section (1) shall be adjusted on the basis of seniority from amongst the employees who are promoted as per Section 24D1.
(16) The minimum qualification required for the post of gazetted second and first class to be filled up through open
competition pursuant to Clauses (f) and (g) of Sub-section (1) shall be Master’s Degree obtained on the concerned subject and experience of Five years in the case of gazetted second class and that of Seven years in the case of gazetted first class, in an officer level post of any government service or a body corporate registered
as per the prevailing law or an international association or institution.
Provided that, the term of work experience shall be less by Two years in the case of a candidate who has done Ph.D.

(17) Other provisions relating to the fulfillment of vacancies in the civil service and fulfillment of expert posts shall be as prescribed.
? 7A. Provisions on requisition for vacancy fulfillment : (1) If any post of the civil service falls vacant in any manner, the concerned body shall give information thereof to the Public Service Commission within one month after such vacancy. Departmental action shall be taken against the office-bearer who fails to give such information within that period.
(2) Upon receiving the requisition for the fulfillment of vacancies pursuant to Sub-section (1), the details of the such posts shall be published within the month of Shrawan every year, as prescribed.
(3) In making requisition for the fulfillment of vacancies in the civil service, requisition may be made, specifying the posts already fallen vacant by that period and the posts that are to fall vacant by way of retirement and promotion within the running fiscal year.
(4) Other provisions relating to the requisition for vacancy fulfillment shall be as prescribed.
▲ 7B. Restriction on vacancy fulfillment : (1) No post of the civil service shall be fulfilled in any manner other than that provided for in this Act.
(2) No salary shall be provided without having a salary report passed by the Civil Employee Records Office (Nijamati
Kitabkhana), in the case of civil employees serving in Ministries, Secretariats, Commissions and Departments and Offices situated within the Valley, and by the Treasury and Accounts Comptroller Office concerned, in the case of civil employees of the District based Offices.
? (3) If any employee is appointed in contravention of Sub- section (1) or if it is found that salary has been provided without having the salary report passed pursuant to Sub-section (2), the salary, allowances and amounts for other facilities received by such employee shall be realized from the appointing and salary providing
office-bearer as government dues.
Provided that, nothing in this Sub-section shall be deemed to preclude the provision of salary to a employee holding a redundant post (Phajil).
Explanation: For the purposes of this Sub-section “employee holding a redundant post” means an employee whose
organization or position has been repealed but his or her service is yet to be adjusted in another organization or
service.
▲ 7C. Restriction on appointment on wages or contract : (1) After the commencement of this Act, no one shall appoint any person on wages or contract for any job to be performed by the civil employee.
(2) If any one appoints any person in contravention of Sub- section (1), the salary, allowances and amounts for other facilities received by that person so appointed shall be realized from the appointing office-bearer as government dues.
? 8. Appointment on recommendation of Public Service Commission : (1) Appointment to the post required to be fulfilled by open competition or internal competition ?——— shall be made on recommendation of the Public Service Commission.
(2) Notwithstanding anything contained in Sub-section (1), appointment to the post of gazetted second class or above, in the Nepal Judicial Service, which is required to be fulfilled by internal
competition ?———shall be made on recommendation of the Judicial Service Commission.
9. Appointment to the post of civil service : (1) Government of Nepal shall make appointment to the gazetted post of the civil service; and a Notification of such appointment shall be published in the Nepal Gazette.
(2) The Head of Department may make appointment to the non- gazetted post of the civil service.
(3) Notwithstanding anything contained in Sub-section (2), the Head of Office may make appointment to the non-gazetted and classless post in his/her office and subordinated office.
? 10. Disqualifications for being candidate : (1) The following persons shall not be qualified to be candidate for the post of the civil service:
(a) In the case of non-gazetted and classless post, those who have not completed the age of
Eighteen years, (b) In the case of gazetted post, those who have not completed the age of Twenty One years,
(c) In the case of male and female candidates, those who have already completed the age of Thirty
Five years and that of Forty years, respectively, Provided that,
(1) Any person who has not crossed the age of Forty years may be a candidate for such
post of the civil service ?………. as may be specified for appointment of an ex- army or police thereto.
? (2) Any person who has not crossed the age  of Forty Five years may be a candidate for
the open competition of gazetted second and first class.
(3) The age bar shall not be applicable in the case of permanent incumbent employees
of the civil service.
(d) Those who have been dismissed from service, with being disqualified for government service
in the future,
(e) Those who are non-Nepalese citizens, (f) Those who have been convicted by the court of a
criminal offence involving moral turpitude.
? (2) In the case of the female civil employee who has been temporarily appointed to any post of development side or
development project of Government of Nepal and serving continuously since at least Five years ago, the age bar shall not be applicable to her to become a candidate in the advertisement of the Public Service Commission for open competition.
? 11. Provisions relating to temporary appointment : (1) The Public Service Commission shall, for the purpose of making temporary appointments, publish a separate list arranged in order of merit from
amongst those candidates who have attended the examination conducted by it but have not been recommended for permanent appointment.
(2) If any temporary appointment is to be made to any vacant post of the civil service, the concerned Ministry must write to the Public Service Commission.
(3) The Public Service Commission shall, if so written to it pursuant to Sub-section (2), recommend the person included in the list arranged in order of merit for temporary appointment on the basis of the requisition of the concerned Ministry.
(4) The concerned Ministry shall temporarily appoint the person recommended pursuant to Sub-section (3) for a period not exceeding six months.
(5) The concerned Ministry must give information of temporary appointment made pursuant to Sub-section (4) to the Ministry of General Administration within seven days.
(6) If any one makes temporary appointment in contravention of this Section, the salary, allowances and amounts for other facilities earned and received by the civil employee so appointed shall be realized from the appointing office-bearer as government dues.
12. Retention of lien : The civil employee shall continue to have lien over his/her post in the following circumstances:
(a) As long as he/she continues to function in that post;
(b) Until the period of time allowed for the assumption of charge of another post, on being transferred to that post;
(c) While he/she is on leave;
(d) While he/she is under suspension;
(e) While he/she is deputed by Government of Nepal on
governmental or non-governmental business or while he/she
is serving in any other post in an acting capacity.
? 13. Acting assignment : ? (1) If the post of any Head of Department or Head of Office falls vacant or the employee holding such post goes on leave for a period exceeding Fifteen days or becomes subject to
action pursuant to the prevailing law, a civil employee of the same grade or of one class lower post who has already become a potential candidate for promotion may be assigned to act in that post for a maximum period of Six months, in order to perform the functions of  that post for the time being. In cases where anyone has been so
assigned to act in any post, that person or any other person shall not be again assigned to act in that post.
(2) If any employee is assigned as acting in contravention of Sub-section (1), the salary, allowances and amounts for other facilities earned and received by such employee during his/her holding of that post shall be realized as government dues from the office-bearer assigning him/her as acting.
14. Oath : Each civil employee must, before assuming his/her office after being appointed for the first time, swear an oath as prescribed. ? 15. Posting of civil employee :

(1) The posting of a civil employee shall be made based on his/her educational qualifications, training
and experience.
Provided that, the placement in the post of gazetted first class or the Head of Department shall be made with the consent of the Ministry of General Administration. In giving such consent for the placement in such post, the Ministry of General Administration shall, in coordination with the concerned Ministry, give the consent
for the placement in the post from amongst the employees who has leadership capacity, in addition to the said matters.
(2) In posting or transferring any civil employee to the prescribed Head of Department, Head of Office or another post, Government of Nepal may make such posting or transfer after concluding a job performance agreement with the concerned office- bearer, subject to the job description corresponding to the administrative job nature of the functions attached to that post.
(3) In order to work along with the incumbent office-bearer holding the post of Secretary of special class of Government of Nepal or post equivalent thereto and the post of Head of Departme
of a central body and have hand-over and take-over of charge, a special post shall, ipso facto, be created for Fifteen days, and posting shall be made prior to the retirement of the incumbent office-bearer.
(4) Other provisions relating to posting shall be as prescribed.
? 16. Probation period : While making fresh appointment to any permanent post of the civil service, such appointment shall be made on probation for a period of Six months in the case of a female civil
employee, and one year, in the case of a male civil employee. If  his/her performance is not satisfactory during the probation period, his/her appointment may be canceled. The appointment of a civil employee whose appointment has not been so cancelled shall be deemed to have ipso facto been confirmed on the expiration of the probation period.
Provided that, any employee who has already completed the probation period upon being once appointed permanently to a post in the civil service is appointed to another post and obtains the dispatch letters shall not be required to undergo the probation period again.
Explanation: For the purposes of proviso (3) of Clause (c) of Sub-section (1) of Section 10 and this Section, “civil Service” also includes the Parliamentary Service and the Nepal Health
Service.
17. Tenure of Chief Secretary and Secretary : The tenure of the Chief Secretary and the Secretary shall be three and Five years, respectively.
* ————-
Explanation: For purposes of this Section, the term “Secretary” means a civil employee holding any post of
special class.

Chapter 4 Transfer and Promotion

Chapter 4 Transfer and Promotion
18. Power to make transfer :

(1) The civil employees shall be transferred as per Sub-section (3) in order to provide them, inter alia, with experience of different geographical regions of the   The proviso Omitted by the First Amendment.
country; and the Authority shall have the powers to make such transfer.
Provided that,
(a) The Ministry of General Administration shall transfer the civil employees of one Ministry or
Departments or Offices thereunder to another Ministry or Departments or Offices thereunder.
(b) The Office of Financial Comptroller General shall make transfer of the employees of the
accounts group under the administrative service.
(2) Notwithstanding anything contained elsewhere in this Section, Government of Nepal shall make transfer or posting of the gazetted special class employees, on recommendation of the committee chaired by the Minister for General Administration, and comprising the Chief Secretary of Government of Nepal and the
Secretary at the Ministry of General Administration as its members.
In cases where recommendation is to be made also for the transfer of the Secretary at the Ministry of General Administration, the Secretary at the Office of the Prime Minister and Council of Ministers shall, instead of the Secretary at the Ministry of General Administration, take part at the meeting of that committee as its
member.
(3) While transferring the civil employee, other than the civil employee who is holding the post rendering expert service and there is no post and office relating to his/her service, group or sub-group any where else at the local level and the special class and gazetted first class employee, the concerned Authority must make transfer
generally once a year, specifying the period in the transfer letter as follows, in accordance with the time schedule as prescribed:
(a) Transfer of an employee who has already served in an office in the geographical region of class
“a” and “b” for a period of at least one and half year to an office in the geographical region of
class “c” and “d” for at least two years,
(b) Transfer of an employee who has already served in an office in the geographical region of class
“b” and “c” for a period of at least two years to an office in the geographical region of class “a”
and “b” for at least two years,
Explanation: For purposes of this Sub-section, “One year” means a period of continuous
attendance of at least Two Hundred Thirty Three days.
(4) Notwithstanding anything contained in Sub-section (3), in the following circumstances, a civil employee may, prior to the expiration of the period specified in his/her transfer letter, be transferred, with the consent of the Ministry of General Administration:
(a) Where the medical board prescribed by Government of Nepal recommends that any civil employee in service in any place has been disabled and his/her treatment cannot be done in that place,
(b) Where special responsibility is to be assigned to any civil employee,
(c) Where departmental action is to be taken against any civil employee,
(d) Where it is not appropriate to keep on any civil employee in the office where he/she is serving,
(e) Where, because of the reduction in any position of the civil service, an employee serving in that
position becomes redundant (Phajil) and there is no situation where that employee can be adjusted
even in any other office in the same District,

(f) Where non-gazetted and classless civil employees are to be transferred to such place as
is convenient to their abode or adjacent thereto.
(5) While making transfer pursuant to Sub-section (2), the civil employee spouses, if both of them are in the government service, shall, to the extent of availability of vacant posts, be sent to the same District.
(6) In cases where there is no office in the geographical region pursuant to Sub-section (3) whereto transfer is to be made respectively or there is no office with a post of the concerned service, group or sub-group or the employee serving the post of the office in the geographical region whereto transfer is to be made has
not completed the prescribed service period, transfer may be made to an office in the geographical region whereto the employee has to be transferred thereafter.
(7) Notwithstanding anything contained elsewhere in this Section, no non-gazetted and classless civil employee to be
appointed after the commencement of this Sub-section shall be transferred to elsewhere until ten years, other than the offices within the same Zone for which he/she has been recommended by the Public Service Commission.
(8) If any civil employee is transferred prior to the expiry of the period as referred to in this Section owing to any circumstance other than that where departmental action has to be taken, such amount as prescribed shall be provided to such a civil employee to make arrangements in the new place except the condition of Clause
(c) of Sub-section (4).
Provided that, in cases where any employee is transferred at his/her own request or transferred to any institution within the Kathmandu Valley or to any office within the District headquarters
of the same District, such an amount shall not be provided.
(9) Notwithstanding anything contained elsewhere in this Section, in cases where any employee who is on study leave or is under ipso facto suspension or is on leave for a period exceeding Six months or is deputed elsewhere for a period exceeding Three months or deputed for special works or deputed for any special project
implementation has a lien in a District level office, his/her lien shall be shifted to a central level body in the special post, with the consent of the Ministry of General Administration.
(10) Notwithstanding anything contained in Sub-clause (a) and (c) of Sub-section (3), the Ministry of General Administration may transfer a civil employee of any Ministry and Department or
Office thereunder to any other Ministry and Department or Office thereunder.
(11) Notwithstanding anything contained elsewhere in this Section, the non-gazetted or classless employee shall not be transferred without completion of the duration specified in this Section except where departmental action is to be taken or a recommendation is made by the medical board on the ground of health or an application is made by the employee himself/herself.

(12) The Authority shall take departmental action against the office-bearer who makes transfer in contravention of this Section; and the Ministry of General Administration may cancel such transfer.
(13) Other provisions relating to transfer shall be as
prescribed.
▲ 18A. Provisions relating to deputation :

(1) A civil employee may be deputed to another place from the Ministry, Secretariat, Commission, Department or Office where he/she is serving only on the business of that body. Such deputation shall not be made for a period exceeding three months a year.
Provided that, deputation may be made on a training, symposium etc. for a period more than that.
? (2) While deputing any civil employee to a body which has no post of the civil service and to an approved temporary position or while withdrawing deputation prior to the expiry of the deputation
period, the consent of the Ministry of General Administration must be obtained. The period of such deputation shall not exceed One year at a time.
Provided that, the consent of the Ministry of General Administration is not required for the deputation of the non-gazetted employee.
• (2a) If any employee has to be deputed on works such as election, population census, survey and mining and on a commission of permanent nature for up to One year at a time, the concerned office shall obtain the consent of the concerned body and the Ministry of General Administration.
• (2b) Notwithstanding anything contained elsewhere in this Act, no employee serving in the post of the Head of Department or Head of Office of any office shall be deputed to any other project or body by having the employee’s lien over that post.
• (2c) Notwithstanding anything contained elsewhere in this Section, the Ministry of General Administration may depute the employee whose lien is in the additional group of the Ministry of General Administration to serve in any body, similar to his or her service or group, and the Ministry of General Administration may, with the consent of the employee serving institution and the institution receiving the employee on deputation, make inter-
departmental deputation of such an employee, for a term not exceeding Three months, in order to obtain the expert service of any civil employee.
(3) If any civil employee is deputed in contravention of ? Sub- sections (1), (2) and (2a), the salary, allowances and the amounts for other facilities earned and received by that civil employee so deputed during that period shall be realized from the deputing office-bearer as government dues, and • departmental action shall be
taken against such office-bearer.
• (4) Notwithstanding anything contained in this Section, at the time of transfer of the District level offices to the Local Bodies, Government of Nepal may depute the civil employees serving in such District level offices.
• (5) The lien of the employee deputed pursuant to Sub-section (4) shall be in the Ministry operating the employee’s service, group or sub-group. •

(6) The employees deputed pursuant to Sub-section (4) may be eligible to be candidates for promotion to their respective previous service, group or sub-group and if such employees are non-
gazetted employees, they may be eligible to be potential candidates for promotion to be made in the districts where they are serving.
• (7) Other provisions relating to deputation shall be as  prescribed.
? 18B. Restriction on holding without entrusting responsibility : (1) No civil employee shall be held without entrusting to him/her the responsibility attached to his/her post for a period exceeding two months, except in the following circumstances:
(a) Where he/she is on a long leave,

(b) Where he/she is suspended, (c) Where he/she is to be retained on the lien post
owing to his/her deputation elsewhere,
(2) If any civil employee is held without entrusting to him/her the responsibility attached to his/her post in contravention of Sub-section (1), departmental action shall be taken against the office-bearer who is obliged to entrust the responsibility to, such employee and have him/her perform such responsibility.

▲ 18C. Acts to be completed in time :

(1) The concerned body must complete the act of making adjustment required to be made under
this Act on appointment, transfer, deputation and acting after the commencement of this Act within two months and give information thereof to the Ministry of General Administration.
(2) If the concerned body fails to carry out that act within the period of time referred to in Sub-section (1), the Ministry of General Administration shall carry out it immediately.

• 18D.Additional group : (1) Notwithstanding anything contained elsewhere in this Act, there shall be an additional group in the Ministry of General Administration.
(2) The lien of the civil employees being redundant (Phajil) in any office of Government of Nepal shall remain in the group as referred to in Sub-section (1).
(3) While holding any civil employee in the additional group for a period exceeding Two months, such civil employee shall be so held in a manner not to be contrary to Section 18B.
(4) Other provisions relating to the additional group shall be as prescribed.

• 18E.Maintenance of records of punishment imposed on civil employees : (1) The Ministry of General Administration and the concerned body must maintain the records of punishment imposed
on the civil employees.
(2) The records maintained in accordance with Sub-section (1) must be taken as the ground while posting as the Head of Department, promoting, designating as acting, assigning the responsibility attached to the post of head of any body, making performance evaluation and providing the civil service prize and other career development opportunity, during the following period:
(a) In the event of censure, during the period of One year from the date of censure,
(b) In the event of suspension, during that period,
(c) In the event of withholding of promotion, during the period of such withholding,
(d) In the event of withholding of salary increment, during the period of such withholding.

• 18F. Leadership evaluation : Provisions relating to the evaluation of leadership of the civil employee of gazetted first class or above shall be as prescribed.

? 19. Promotion :

(1) While making promotion to the gazetted post of the other civil services, except the gazetted post of Nepal Judicial
Service, it shall be made on the recommendation of the promotion committee as referred to in Section 20.
(2) Notwithstanding anything contained elsewhere in this Act, promotion to the post of gazetted special class shall be made as follows:
(a) Government of Nepal shall, while making promotion to the post of Chief Secretary of the gazetted special class, make promotion by making selection on the basis of seniority and work efficiency from amongst the  ncumbent Secretaries.
? (b) The promotion committee shall, to the extent of availability, recommend those candidates who
have secured the highest marks on the work performance evaluation, from amongst the potential candidates, in a number that is three times higher than the number of vacant posts, for promotion to the vacant posts of Secretary of gazetted special class or equivalent thereto; and Government of Nepal shall promote such candidate, from amongst the candidates so recommended, as it may hold appropriate on the basis of leadership capacity and work efficiency.
• (c) In order for any gazetted first class employee to be a potential candidate for the post of Secretary
or special class post equivalent thereto, such employee must also have passed such a high level management training as prescribed by Government of Nepal.
Provided that, this provision shall not be applicable to any promotion to be made within one year after the commencement of this Section.
• (d) In counting the work performance evaluation pursuant to Clause (b) for the promotion to the
special class, the work performance evaluation of such years of minimum service period as
required for promotion shall be counted.
Provided that, while making promotion within the last day of the month of Kartik of the
year 2064 after the commencement of this Section, promotion shall be made on the basis of
the work performance evaluation of the last Three years in the case of women,
Aadibashi/Janjati, Madhesi, Dalit, disabled employees and employees permanently residing
in backward region and that of the last Four years in the case of the other employees.
• (e)
Action for promotion shall be carried out twice in a year, One within the month of Poush and the
other within the month of Ashad month, each year.

20. Promotion committee :

(1) There shall be a promotion committee as follows to make recommendation for promotion to the other
gazetted post of the civil service, except for promotion to the ▲ gazetted post of Nepal Judicial Service and for promotion from the non-gazetted post to the gazetted post:
(a) Chairperson of the Public Service Commission or Member of the Public Service Commission designated by him/her – Chairperson
(b) Member of the Public Service Commission designated by the
Chairperson of the Public Service Commission – Member
(c) Chief Secretary – Member
(d) Expert in the concerned subject nominated by the Public Service
Commission – Member
(e) Secretary at the Ministry of General Administration – Member secretary
• (1a) There shall be a promotion committee as follows, to make recommendation for promotion to the gazetted third class from the non-gazette first class:
(a) Member of the Public Service Commission designated by the
Chairperson of the Public Service Commission – Chairperson
(b) Secretary at the Public Service Commission – Member
(c) Secretary at the Ministry of General Administration – Member
(d) Expert in the concerned subject nominated by the Chairperson of the
Public Service Commission – Member
(e) Secretary at the Ministry relating to Service, Group or Sub-group or
Gazetted First Class Officer designated by him/her – Member-Secretary
• (1b) The secretariat of the promotion committee referred to in Sub-section (1a) shall be at the Ministry operating the service, group or sub-group.
(2) There shall be a promotion committee, as prescribed, to make recommendation for promotion to the non-gazetted post of the civil service.
(3) The procedures to be followed by the promotion committee to make recommendation for promotion of the civil
employees shall be as prescribed.
? (4) The promotion committee must, while publishing a promotion name list, also publish the marks obtained by the potential candidates who have filled up the forms for promotion.
• (4a) The promotion committee shall publish the results of promotion within four months from the last date of submission of application forms.
▲ (5) The promotion committee must prepare an annual plan of operations and carry out its functions as per that plan.
▲ 20A.Special provisions relating to promotion :

(1) Notwithstanding anything contained elsewhere in this Act, if any civil employee of the gazetted ? first class or below than that holding the same post for at least Fifteen years has One month left to get retirement pursuant
to Section 33, such employee shall be promoted to one ? class higher post.
(2) Notwithstanding anything contained elsewhere in this Act, if any civil employee of the gazetted ? first class or below than that holding the same post for at least Fifteen years intends to have voluntary retirement pursuant to Section 35 and makes an application therefor, such employee shall be granted retirement by
promoting him/her to One ? class higher post.
(3) A special post shall ipso facto be created to make promotion pursuant to Sub-section (1) or (2) and that post shall ipso facto lapse upon the retirement of such a civil employee from service.
• (4) Notwithstanding anything contained elsewhere in this Section, an employee who dies after the completing the period as referred to in this Section in the same post, the pension and other facilities payable to one level higher post shall be provided to the family of such an employee.
• (5) Notwithstanding anything contained elsewhere in this Section, any employees of gazetted first and second class holding the same post for at least fifteen years wish to take retirement with promotion, such employees shall be granted retirement by promoting them to one class higher post.

? 21. Minimum service period and educational qualifications required to be candidate for promotion : ? (1) In order to be a candidate for promotion, one must possess the educational qualifications as prescribed for the post that is One class below the class of the post to which promotion is made and have completed the minimum service period as follows:
(a) Three years for a non-gazetted post,
(b) Five years for a gazetted post.
(2) Notwithstanding anything contained in Sub-section (1), even though any • women, Adiwasi/Janjati, Madhesi, Dalit, Disable and permanently residing in the backward area civil employee has a service period that is the above-mentioned service period less one year, she shall be a potential candidate for promotion.

22. Ineligibility for being potential candidate for promotion :
Notwithstanding anything contained in Section 21, a civil employee shall not be eligible to be a potential candidate for promotion in the following circumstances and during the following period:
(a) In the event of suspension, during the period of suspension, (b) In the event of withholding of promotion, during the period of withholding,
(c) In the event of withholding of increment in salary, during the period of withholding,
• (d) During the period of five years after the date of change in the service or group in the case of an employee who has so changed the service or group pursuant to Section 26 and after the change in the service or group in the case of an employee who has got such a change upon an application made by himself/herself.

▲ 22A. Withholding and sanction of promotional appointment : If any civil employee is suspended or his/her appointment or salary increment is withheld after he/she has been recommended for promotion but before he/she gets promotional appointment, his/her promotional appointment shall then be withheld during the said
period; and in the event of his/her acquittal of the suspension or after the expire of the period of withholding, he/she shall be granted appointment and only seniority shall be maintained as if he/she were not suspended or his/her promotion or salary increment were not withheld.
23.
♣ … … … …

24. Criteria for promotion on ground of work efficiency :

(1) The promotion committee shall recommend a civil employee for promotion based on the total marks secured for the work efficiency.
(2) In evaluating the work efficiency of the civil employee, a maximum of 100 marks shall be granted as follows:
(a) For work performance evaluation -Forty marks
(b) For seniority – Thirty marks
(c) For educational qualifications – Twelve marks
(d) For service in geographical region
-Sixteen marks
(e) For training – Two marks
(3) In calculating the marks for the work performance evaluation of a potential candidate, the marks shall be calculated based on the last day of Ashad, and in calculating the other marks, the marks secured by the deadline for making application for promotion shall be calculated.

▲ 24A. Evaluation of work performance :

(1) The work performance evaluation form as prescribed shall be used to evaluate the work
performance of civil employee.
(2) The distribution of the total marks for the work performance evaluation of civil employee shall be as follows:
(a) Maximum marks that may be granted by the supervisor -Twenty five
(b) Maximum marks that may be granted by the reviewer -Ten marks
(c) Maximum marks that may be granted by the review committee -Five marks
(3) The supervisor, reviewer and review committee must, while granting marks for the work performance of a civil employee, grant marks in accord with the criteria mentioned in this Section and in the work performance evaluation form.
? (4) The work performance evaluation of the gazetted civil employee shall be carried out on a semi-annual (half yearly) and annual basis and that of the non-gazetted employee on an ann al basis.
? (5) In carrying out the work performance evaluation on a semi-annual basis pursuant to Sub-section (4), the concerned gazetted employee must fill up the form in duplicate in the prescribed format, indicating the specified functions, discharged functions, functions which could not be completed and reasons for the same and submit it to the supervisor within Seven days after the expiry of that period. The supervisor must evaluate the form so
submitted, mention feedbacks to be provided in the specified space of the form and return a copy to the concerned employee within another Seven days. The annual work performance evaluation form must be evaluated based on every work performance evaluation form filled up on a semi-annual basis. The Authority may take
departmental action against the employee who fails to fill up the semi-annual work performance evaluation form in the specified time and against the supervisor who fails to examine it and provide feedbacks.
? (6) In respect of the work performance evaluation to be carried out on an annual basis, the concerned Head of Office and Head of Department must, in the case of the non-gazetted and classless employee, carry out or cause to be carried out evaluation within the specified period, prepare it in triplicate, send a copy each
to the Public Service Commission and the promotion committee secretariat and retain the other copy in the concerned office. In the case of gazetted civil employee, the Secretary at the concerned
Ministry, Secretariat, Commission or central body must carry out, or cause to be carried out, evaluation within the specified period, prepare it in triplicate, send a copy each to the Public Service
Commission and the promotion committee secretariat and retain the other copy in the concerned Ministry, Secretariat, Commission or central body. Each body carrying out work performance evaluation
must publish a notice, also containing a name list sent to the body to which it has to submit the form evaluated by it within the prescribed period, on the notice board of its office within seven days.
• (6a) Each civil employee must fill up his/her work performance evaluation form and register it with the concerned
office within the prescribed period of time. If the concerned employee fails to register it within such period of time and makes an application, accompanied by reasonable reasons therefor, for the extension of time limit, the supervisor may, if he/she thinks the reasons mentioned in the application to be reasonable, extend the
time limit for a period not exceeding fifteen days after the date of expiry of the prescribed period of time. The promotion committee shall subtract one mark from the total marks for the work performance evaluation form registered within the extension time of that fiscal year.
Provided that, if any employee has to go for a foreign training, workshop or study tour during the period of filling up the work performance evaluation form, the employee has to fill up the work performance evaluation form and register it with the concerned office prior to make such departure. The work
performance evaluation form so registered shall be evaluated as if it were registered with the specified time.
• (6b) Departmental action shall be taken against the office- bearer who does not evaluate, within the prescribed period of time, the work performance evaluation form filled and registered by the
civil employee in time.
• (6c) If, after the review committee has carried out the annual work performance evaluation to be carried out each year, the concerned employee makes an application for information of the total marks of work performance evaluation that he/she has secured in that year, the review committee secretariat must give such
information.
Provided that, information of the marks given by the review committee shall not be given.
• (6d) After receiving information pursuant to Sub-section (6c), if any employee is not satisfied with the evaluation made by the supervisor or reviewer may make a complaint, accompanied by the solid ground and reason for such dissatisfaction, to the prescribed authority within seven days. Where a complaint is so
made, such authority shall conduct necessary investigation, in consultation with the concerned supervisor and reviewer, and may, if so required, amend, as prescribed, the marks obtained in such an
evaluation form.

(7) If the supervisor or the reviewer grants more than Ninety
Five per cent or less than Seventy Five per cent marks for the work
performance evaluation to be carried out annually, he/she must set
out clear reasons therefor; and where he/she grants less than Seventy
Five per cent marks, he/she must inform the concerned employee
thereof and submit it to the review committee, along with the
reactions, if any, made by such employee. The review committee
may, if it is not satisfied with the evaluation of the work
performance carried out by the supervisor or the reviewer or by
both, return it, also setting out the clear reasons therefor. In cases
where it is so returned, the concerned evaluator must reevaluate it or
set out justifiable reasons why it is not necessary to amend the
evaluation carried out previously and forward it accordingly.
(8) While calculating marks for purposes of work
performance evaluation, the marks shall be calculated on the basis
of the average figure of the work performance evaluation form of
such last year as the service for which is required to become a
potential candidate for promotion.
Provided that:
? (1) Marks due for the work performance evaluation
for the period of training and study undergone or
of the period of suspension where the suspension
of an employee has been released shall be
granted in proportion of the marks secured in the
year immediately preceding the departure for
such study or training or preceding such
suspension.
? (2) The potential candidacy shall be calculated only
by deducting the period of extra-ordinary leave
undergone; and the work performance evaluation
form shall not be filled up for the period of such
leave. The work performance evaluation of the
subsequent period shall be calculated after
deducting the period of extra-ordinary leave
undergone, for the service period of such years
as required to be a potential candidate for
promotion.
(9) ? —————–
(10) Other provisions relating to the work performance
evaluation shall be as prescribed.
? 24B. Evaluation of seniority : While granting to the civil employee
marks for seniority, a maximum of thirty marks shall be granted as
follows:
(a) At the rate of 3.75 marks for each year of service in the post
of non-gazetted third and second class,
(b) At the rate of 3 marks for each year of service in the post of
non-gazetted first class,
(c) At the rate of 2.5 marks for each year of service in the post of
gazetted third and second class.
Provided that-
(1) While calculating marks for seniority, marks
shall be calculated on a proportional basis for a
period of more than One year by a few months
or days.
(2) For purposes of this Clause, no marks shall be
granted for the period of absence or extra-
ordinary leave undergone.
? 24C. Categorization of geographical regions : (1) While granting
marks to the civil employee for his/her experience of work in
different geographical regions, the different geographical regions of
the country shall be classified into four categories viz. ‘a’, ‘b’, ‘c’ and
‘d’, respectively, and marks shall be granted as follows not in excess
of Sixteen marks for the work experience in one or more categories
thereof:
(a) For the post of non-gazetted third and second
class-
(1) At the rate of 4 marks for each year of
service in category ‘a’,
(2) At the rate of 3.25 marks for each year of
service in category ‘b’,
(3) At the rate of 2.50 marks for each year of
service in category ‘c’,
(4) At the rate of 2 mark for each year of
service in category ‘d’.
(b) For the post of non gazetted first class-
(1) At the rate of 4 marks for each year of
service in category ‘a’,
(2) At the rate of 3.25 marks for each year of
service in category ‘b’,
(3) At the rate of 2.50 marks for each year of
service in category ‘c’,
(4) At the rate of 1.50 mark for each year of
service in category ‘d’.
(c) For the post of gazetted third and second class-
(1) At the rate of 4 marks for each year of
service in category ‘a’,
(2) At the rate of 3.25 marks for each year of
service in category ‘b’,
(3) At the rate of 2.50 marks for each year of
service in category ‘c’,
(4) At the rate of 1.25 mark for each year of
service in category ‘d’.
(2) Notwithstanding anything contained in Sub-section (1),
the marks already secured by any civil employee for geographical
region at the time of commencement of this Section shall not
decrease.
(3) For purposes of Sub-section (1), the description of
different geographical regions shall be as prescribed.
(4) No marks of any one geographical region shall be granted
unless and until any employee makes continuous office attendance
for at least Two Hundred Thirty Three days in that region. For a
period more than Two Hundred Thirty Three days, marks of the
same geographical region shall be granted pro rata; and marks
equivalent to that of category ‘d’ shall be granted for a period less
than that irrespective of the geographical region where the employee
has served. The marks obtainable for the service in geographical
region shall be calculated only if the marks have been obtained in
the post that is one class lower than the class to which promotion is
to be made.
(5) The marks equivalent to that of category ‘d’ shall be
granted to the civil employee who serves in a Nepalese Diplomatic
Mission or any other office situated aboard and who goes on
deputation for a study leave or foreign training.
▲ 24D.Evaluation of educational qualifications and training : ? (1)
While granting marks to the civil employees for educational
qualifications, a lump sum of twelve marks shall be granted for the
minimum educational qualifications required to join any post of the
civil service and additional educational degree, which is higher than
the minimum educational qualifications and in a subject related with
the service, group or sub-group. Both marks shall be granted even if
the employee has obtained only the education qualification that is
higher then the minimum required educational qualification.
Number
Educational Qualification (Title)
First
class
Second
class
Third
class
(a) For the Minimum educational
qualification as required for the
entry of service
9 8.75 8.50
(b) For the any one additional
educational qualification or the
3 2.75 2.50
concerned subject higher than
the minimum educational
qualification for the entry into
service.
(2) ? ———-
? (3) Except the minimum educational qualification prescribed for the posts of the gazette second and first classes, to be filled up through open competition pursuant to Clauses (f) and (g) of Sub- section (1) of Section 7, the minimum educational qualification prescribed for the entry into the gazette third class service shall be deemed to be the minimum educational qualification also for the promotion to the posts higher than gazetted second class.
(4) ? ———-
? (5) For the in-service training, 2 marks, 1.75 marks and 1.5 marks shall be granted for the first, second and third division, respectively.
(6) While granting marks to the civil employee for training, marks shall be granted for an in-service training of a period of one month or more, in a subject related with the service. In calculating
marks for the training, the marks shall be calculated only for that class while in which class he/she has been nominated for the training.
• Explanation: One month training shall mean a training of a period of thirty working days or more.
(7) The civil employee shall submit certified copies of the educational qualifications and the in-service training. No marks shall be granted therefor if he/she fails to submit them.
• (8) Whether the educational qualification submitted by a civil employee along with the application for the purpose of promotion is related with the service, group and sub-group or not shall be as decided by the equivalency determination committee as prescribed. If the equivalency of the educational qualification
submitted along with the application for the purpose of promotion is made prior to a date before the holding of the meeting of the promotion committee, the marks of such educational qualification shall be counted for promotion.
• (9) Provisions relating to training institutions and training standards shall be as prescribed by Ministry of General Administration, in coordination with the Ministry operating the service, group and sub-group.
• 24D1.Special provision of promotion by evaluation of work performance and experience : (1) Notwithstanding anything contained elsewhere in this Act, the civil employee shall be promoted up to one class, upon having completed the following service period in the following class, and obtained the above
educational qualification than prescribed educational qualification at the earlier time of entry or group division or after the entry or group division:
(a) Non-gazetted Second Class – Ten years
(b) Non-gazetted First Class – Twelve years
(c) Gazetted Third Class – Fifteen years
(d) Gazetted Second Class – Eighteen years
(2) Notwithstanding anything contained in Sub-section (1) , those civil employees shall be promoted up to one class upon having completed the service period of Eighteen, Fifteen and Thirteen years
or more in the permanent post of the same class of gazetted third class, non-gazetted second class and having the educational qualification and obtained the minimum educational qualification of the prescribed subject at the time of entry of service or group division of the concerned service, group or sub-group.
(3) The following conditions shall have to be fulfilled for the promotion pursuant to sub-sections (1) and (2)
(a) Not being subject to action pursuant to Section 22;
(b) Having obtained the marks average of ninety percent or more in the performance education of
last three years.
(4) There shall be a promotion committee as follows to make recommendation for promotion pursuant to sub-sections (1) and (2) except the post of gazetted post of Nepal Judicial Service, and the
promotion of gazetted post of Nepal Judicial Service shall be conducted by the Judicial Commission.
(a) Member of the Public Service Commission designated by the chairperson of the Public
Service Commission – Chairperson

(b) Secretary at the Ministry or Institution where the
employee is working – Member
(c) Secretary at the Ministry of General Administration or
gazetted first class officer of the ministry designated by
him/her – Member
Explanation: The Secretary of the Office of the Prime Minister and Council of Ministers will be the member in a
condition of the promotion of the employee of Ministry of General Administration.
(5) The promotion Committee Secretariat pursuant to Sub- section (4) shall be at the Ministry or Institution where the employee
worked as candidate for the promotion.
(6) The special post of concerned service, group, sub-group of above class ipso facto at the employee working office for the promotion pursuant to Sub-section (1) or (2) and the Civil Employee Record Office shall register of such post from the date of the commencement of promotion after the concerned institution provide
promotion.
(7) The position shall ipso facto lapse if the employee is promoted, pursuant to Sub-section (6), gets retirement by any reason or is promoted to above post or adjusted to the registered post and the post shall ipso facto be settled as the earlier post before the post of his/her promotion, and the Civil Employees Record Office shall
maintain the records of such post accordingly.
(8) The civil employee promoted for the special post pursuant to Sub-section (6) shall have to conduct work of the post where he/she work before the promotion except in the case of adjustment pursuant to Sub-section (7).
Provided that, the seniority of the employee promoted as per this Section shall be counted as promoted post and shall eligible for the competition of the above post of above class then promoted
class.
(9) The transfer of the employee promoted as per this Section shall be with the special post created as per the promotion of this Section of other institution until the adjustment pursuant to Sub-
section (7).
(10) Notwithstanding anything contained elsewhere in this Act, in cases where the employee of the same class of one office promoted as per this Section and might be the office chief post, the senior employee among such class employee worked as office chief.

(11) Notwithstanding anything contained elsewhere in this Act, the promotion proceeding work performance evaluation shall be conducted before and then after the recommendation of promotion
according to this Section the conduced except the first time of the commencement of this Act.
(12) Notwithstanding contained anything elsewhere in this Section, the promotion provision of this Section shall not commence for the layer increase.
(13) Notwithstanding any thing contained elsewhere in this Section, no adverse effect shall be made to the provision of open competition by promotion pursuant to this Section.
(14) The procedures for inviting applications for promotion by evaluation of work performance and experience, result publication and duration, claim of promotion and adjustment of promoted employees and other relevant provisions shall be as prescribed.
• 24D2.Provision relating to layer upgrade of classless employee :
(1) The layer of the classless post shall be as follows:
(a) First layer,
(b) Second layer,
(c) Third layer,
(d) Fourth layer,
(e) Fifth layer.
(2) The employee who is firstly appointed to the classless post shall be maintained into the first layer.
(3) The competent authority shall upgrade as follows the classless employees whose records of punishment have not been maintained pursuant to Section 18E.
(a) Second layer having the service period of Five year or more and less than Ten years.
(b) Third layer having the service period of Ten year or more and less than Fifteen years.
(c) Fourth layer having the service period of Fifteen year or more and less than Twenty years.
(d) Fifth layer having the service period of Twenty year or more.
(4) The pay scale of the layer pursuant to Sub-section (3) shall be as prescribed by the Government of Nepal.
(5) The other provisions relating to upgradation shall be as prescribed.
? 24E. Sheet roll/personal details to be maintained : (1) It shall be the responsibility of the concerned Head of Department or Head of Office to maintain accurately the sheet roll/personal details of the
civil employee serving in his/her office. It shall be the obligation of the concerned employee to update, or cause to be updated, his/her sheet roll/personal details.
(2) If the civil employee who has already been a potential candidate for promotion fails to submit the application form because of his/her staying abroad in the course of a governmental business or study or deputation or occurrence of a natural calamity or circumstance beyond control, the concerned Head of Department or
Head of Office must forward the details of such employee to the office publishing a notice for promotion, within the time-limit of the notice for promotion. The promotion committee shall settle acts of promotion based on the details so forwarded.
(3) If it is proved that any candidate has mentioned false details in the promotion application form, departmental action shall be taken against such candidate.
▲ 24F. Complaint on promotion : (1) The concerned civil employee, who is not satisfied with the promotion recommendation made by the promotion committee pursuant to Section 20, may file a
complaint with the Public Service Commission within Thirty Five days from the date of such recommendation; and the complaint so filed shall be settled within Sixty days after the date of expiry of the
time limit for filing complaint.
(2) If, following the settlement of a complaint filed pursuant to Sub-section (1), the promotion name-list previously published is to be amended, the complaint hearing official shall give a notice thereof to the promotion committee.
(3) If, while examining a complaint pursuant to Sub-section (1), it appears that erroneous evaluation has been carried out knowingly, the Public Service Commission may warn the evaluator.
(4) If a complaint filed pursuant to Sub-section (1) is held to be false, two marks and three marks of such a complainant shall be deducted on the promotion to be made following the complaint, for
the complaint made for the first and second time, respectively.
(5) A notice of the action taken pursuant to Sub-section (3) or (4) must be given to the promotion committee secretariat, the office where the concerned employee is in service and to the concerned  employee, as well.
(6) Other provisions on complaint on promotion shall be as

prescribed.
25. Alteration in conditions of promotion : In making any amendment to Sections 21, 22, ? 24, 24A, 24B, 24C and 24D or the Rules framed thereunder, provision shall be made so that such amendment shall come into force only on a date after One year of such amendment.
? 26. Change of service, group or sub-group : If, Government of Nepal requires an employee with any special qualifications in any class of any service, group or sub-group of the civil service, and given that the post cannot be fulfilled by transfer or promotion made within that service, group or sub-group, the post has to be fulfilled
by making a change in service from another civil service, group or sub-group, Government of Nepal may change the service, group or sub-group of the employee selected through a competitive examination among the civil employees of the same class, having possessed the qualifications specified in an advertisement done by
the Public Service Commission on request of Government of Nepal.
Provided that, in cases where the position is cut off because any civil service post of any body of the Government of Nepal has been redundant and the employee in service in such position has to be transferred to another service, group or sub-group given that the post of the service, group, sub-group and class so cut off is not
vacant in any other body nor does such post fall vacant even until One year, nothing contained in this Section shall be deemed to prevent Government of Nepal from grouping into another service, group or sub-group, in consultation with the Public Service Commission.

Chapter 5 Salary, Allowance, Dashain Expenses and Other Facilities

Chapter 5 Salary, Allowance, Dashain Expenses and Other Facilities
27. Salary and allowance :

(1) A civil employee shall be entitled to salary and allowance from the day of assumption of his/her post.
• (1a) There shall be a salary and allowance review committee as follows, so as to review the salary, allowance and
other facilities of the civil employee:
(a) Chief Secretary of the Government of Nepal -Chairperson
(b) Secretary, Ministry of Finance -Member
(c) Secretary Ministry of General  Administration -Member
• (1b) The salary and allowance review committee shall, each year, recommend to the Government of Nepal a dear allowance based on the consumer price index. The committee shall, in every three years, review the salary, allowance and other facilities, based on, inter alia, the revenue increase rate, total number of positions and the dear allowance provided based on the price index in the last three years. The committee may set other procedures on its own.
• (1c) The committee referred to in Sub-section (1a) may constitute a sub-committee as per necessity and may invite any concerned area expert and stakeholder to attend its meeting for suggestion.
• (1d) The secretariat function pursuant to Sub-section (1a) shall be carried out by the Ministry of General Administration.
? (2) The Government of Nepal shall, also based on the recommendation referred to in Sub-section (1a), each year provide the civil employee with an allowance in a sum not exceeding Seventy Five percent of the consumer price index increasing each year. In a year where the allowance so provided is in excess of Twenty Five percent or more of the basic pay scale, Twenty Five percent amount shall be adjusted in the salary scale and the rest  amount provided as an allowance.
? (3) Except in the circumstances stipulated in Section 29 or 60, after the commencement of this Act, each civil employee shall be entitled to an increment in salary ? as prescribed, upon completion of one year of service. In so prescribing the increment in salary, the number of increment in salary shall be adjusted in a manner that is not less than the amount being received by the employee. In the event of withholding of increment in salary of any
civil employee, the concerned official must mention in writing on which date the increment in salary is to be sanctioned.

28. Entitlement to earned salary and allowance :

(1) Each civil employee shall receive salary ? and allowance as well, if any receivable, after completion of each month.
(2) Each civil employee shall receive his/her earned salary ? and allowance as well, if any receivable, even if he/she is relieved of the civil service for any reason whatsoever.
(3) Except as provided in this Act or the Rules framed hereunder, no salary of any civil employee shall be deducted.
(4) The salary to which any civil employee is entitled shall  not be withheld during the period he/she is serving or is on leave.

• 28A. Work performance incentive fund :

(1) Government of Nepal may provide for a work performance incentive fund in order to encourage the civil employee based on work performance, work results and achieved results.
(2) The operation, management and other provisions of the fund as referred to in Sub-section (1) shall be as prescribed.

29. Crossing of efficiency bar : No civil employee shall be deemed to have crossed the efficiency bar until the Secretary at the concerned Ministry, in the case of a gazetted employee, and the Authority, in the case of a non-gazetted employee, mention in writing that such civil employee is eligible to cross the efficiency bar.

30. Salary receivable in the event of suspension :

(1) If any civil employee is suspended in connection with any governmental business or as a result of an action taken on behalf of Government of Nepal, such employee shall receive only half of his/her salary during
the period of such suspension.
Provided that, if the charge against him/her is not proved and he/she is acquitted of the charge, he/she shall receive the salary less the half salary, if any, he/she has received during the period of suspension and the full salary (including increment in salary, if any, to be made) if he/she has not received the half salary. If he/she is
convicted, he/she shall not be entitled to the remaining salary and allowances after the date of such suspension.
(2) If any civil employee is suspended for any reason other than that mentioned in Sub-section (1), he/she shall not be entitled to any salary during the period of such suspension.

31. Deposit of contribution to Employee Provident Fund : An amount at the rate of Ten per cent of the monthly salary of the civil employee shall be deducted, and Government of Nepal shall, adding  the amount of One Hundred percent thereof to such amount, deposit the total amount in the Employee Provident Fund.

32. Festival expenses and other facilities :

(1)A civil employee shall receive an amount equivalent to the salary of one month being earned by him/her as the festival expenses each year to celebrate festival as per his/her religion, culture and custom.
(2) An employee who has got retired with entitlement to pension shall be provided with a sum equivalent to the pension of One month payable to him/her, as the festival expenses.
(3) The provisions relating to medical expenses, disability pension, facilities payable on grounds of deformities, extra-ordinary family pension and gratuity, educational allowances, pension, child care allowances to the offspring or other facilities shall be as prescribed.

Chapter 6 Retirement, Gratuity and Pension

Chapter 6 Retirement, Gratuity and Pension
33. Compulsory retirement :
(1) Any civil employee who has completed the age of fifty-eight years or completed the tenure as
referred to in Section 17 shall ipso facto retire from the civil service.
(2) Even the civil employees who are incumbent in the civil  service on the extension of their tenure after completion of the thirty-year service period, prior to the commencement of Sub- section (1), may hold office in the civil service until they complete the age of Fifty Eight years.
Provided that, in the case of the employees whose tenure of service is specified pursuant to Section 17, that Section shall be  applicable.
(3) For purposes of this Section, the age of a civil employee shall be calculated on the basis of the age to be set from the birth  day or year inscribed in the certificate of educational institute submitted by him/her at the time of joining the service or the age to be set from the birth day or year inscribed in the citizenship
certificate or the age to be set from the birth day or year inscribed in the sheet roll/personal details filled up by him/her at the time of joining the service, at whichever age he/she gets retired earlier.
? 34. Power to award retirement : Government of Nepal may, in the following circumstances, retire any civil employee from the service:
(a) If any civil employee is proved to have provided or attempted  to provide secret governmental documents, deeds or information under his/her custody or obtained by him/her in any manner to any unauthorized person or body,
(b) If any civil employee is proved to have committed an irresponsible conduct contrary to the dignity of his/her post, by maintaining undesirable contact with any foreign country, organization or citizen contrary to the national interests.
▲ 34A. Special provision in respect of incapacitated employee : If it is certified by the medical board constituted by Government of Nepal that any civil employee is unable to serve regularly owing to a physical or mental disease, Government of Nepal may retire that employee, by adding a service period of Seven years in maximum to
his/her service period.

? 35. Voluntary retirement :

(1) Any civil employee who is eligible to receive pension and has completed the age limit of Fifty years may
voluntarily retire from the service on such terms and within such period as set forth and specified in a Notification published by  Government of Nepal in the Nepal Gazette. A service period not exceeding Seven years shall be added and the total service period shall be fixed for pension in such a manner that the age does not  cross Sixty years in the case of an employee who joined the civil service before the 21st Kartik of the year 2049(6 November 1992)
and the age does not cross Fifty Eight years in the case of an employee who joins the civil service on or after that date, out of the employees who so retire voluntarily.
Provided that, in the case of the employee who has become redundant because of non-adjustment in position or who is holding a post not necessary for Government of Nepal, separate facilities and terms may be specified and application for voluntary retirement may be invited by a Notification in the Nepal Gazette.
(2) Notwithstanding anything contained in Sub-section (1), if an employee who is eligible to have pension and has completed the age limit of fifty years intends to have voluntary retirement, he/she
may be retired by promoting him/her to one level higher post if he/she has served as per Sub-section (3) of Section 37 in the event that he/she is entitled to promotion to one level higher post pursuant
to Section 20A. of this Act.
36. Gratuity : (1) If any civil employee, who has served for Five years or more but has not completed the period required for pension, retires or leaves service by getting resignation accepted or is removed from the post without being disqualified for government service in the future, he/she shall receive gratuity at the following
rate:
(a) In the case of the civil employee who has served from Five years to Ten years, Half the last
month’s salary for each year of his/her service,
(b) In the case of a civil employee who has served for more than Ten years up to Fifteen years, the
last One month’s salary for each year of his/her service,
(c) In the case of a civil employee 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 service.
(2) Notwithstanding anything contained in Sub-section (1), no gratuity shall be paid to any civil employee who is proved to have lied about citizenship or age or qualification with the intention of entering into or continuing to hold the government service.
37. Pension : (1) A civil employee who has been in government service for a period of Twenty years or more shall be entitled to a monthly pension at the following rate:
Total year of service X amount of the last salary 50
Provided that:
(1) No civil employee who has been dismissed from the service with being disqualified for
government service in the future shall be entitled to the pension pursuant to this Section.
(2) No pension shall be paid to any civil employee who is proved to have lied about citizenship or
age or qualification with the intention of entering into or continuing to hold government
service.
• (1a) Notwithstanding anything contained in Sub-section (1), in the case of not obtaining the pension by the service period due to compulsory retirement to the employees appointed in a class or post
as maximum age of Forty years and appointed pursuant to Sub- section (2) of Section 10, pension shall be provided by adding up to two years in service period to such employee .
Provided that, this provision shall not be applicable to the employees who retired before the commencement of this sub- section.
(2) Notwithstanding anything contained in Sub-section (1), the minimum amount of pension shall not be less than half the amount of basic figure of salary of the incumbent civil employee of the same post ▲ and the maximum amount thereof shall be more than the basic scale of salary of the incumbent civil employee of the
same post.
? (3) If any civil employee who has been in service in the civil service since 21 Kartik 2049 (6 November 1992) ago has already completed the service period of thirty years, he/she may retire from service voluntarily. The total service period of the civil employee who has so retired voluntarily from service or who has ipso facto
retired pursuant to Section 33 owing to the completion of 58 years of age upon having been in service in the civil service since 21  Kartik 2049 (6 November 1992) ago shall be set by adding such remaining period as required for him/her to complete sixty years of age.
? (4) If any employee who has completed a service period of fifteen years dies, a maximum period of Five years shall be added to his/her service period, and his/her family shall be allowed to receive either pension or gratuity, whichever that family chooses.
(5) If any person who is receiving pension on account of his/her earlier service in any government post is appointed to the civil post later, he/she shall be entitled to pension pursuantt  this  Section, with the addition of the period of his/her earlier service to that of his/her subsequent service.
38. Increment in pension : Where the salary of the incumbent civil employee is increased, two-third amount of the increment in the
basic figure of salary shall also be added to the amount of pension of
the retired civil employee of the same post.
۩ Provided that, this provision shall not be applicable to the
civil employee entitled to pension pursuant to Section 39B.
39. Family pension and gratuity : (1) If any civil employee dies
while in service or prior to completion of seven years after he/she
started to receive pension, a gratuity or pension as provided for in
Section 36 or 37 shall be provided to his/her family or minor brother
or unmarried sister.
Provided that, in the case of pension, such pension shall not
be available for more than Seven years. No pension shall be
provided to the family of the civil employee, who died prior to
completion of Seven years after he/she started to receive pension,
after completion of Seven years.
(2) Notwithstanding anything contained in Sub-section (1), if
the recipient of such pension is a minor, he/she shall be entitled to
such pension until he/she attends majority.
(3) The widower husband or widow wife of a civil employee
shall be entitled, for life, to half the amount of pension receivable by
such employee from the date of expiration of the period during
which such widower husband or widow wife is entitled to family
pension pursuant to Sub-section (1) by reason of the death of her
husband or his wife while in service or prior to completion of Seven
years after he/she started to receive pension and from the date of
death of such employee where such widower husband or widow wife
is not entitled to such family pension or where his wife or her
husband dies after completion of seven years after he/she started to
receive pension.
۩ Provided that, if such widower husband or widow wife
concludes another marriage, he or she shall not be entitled to this
kind of pension facility.
• (3a) Notwithstanding anything contained in Sub-section (3),
if the pension receiver widower husband or widow wife dies or
he/she marries with other, such pension amount shall be provided as
prescribed to minor children until they attain majority.
(4) Where the salary of incumbent civil employee is
increased, the two-thirds of the total amount increased in the figure
of basic salary shall also be added to the amount of family pension
of the person receiving family pension pursuant to sub-sections (1),
(2) and (3).
(5) If any employee dies prior to receiving any amount to
which that employee is entitled under this Act, such amount shall be
paid to the person from amongst his/her family members who is held
to be entitled to the gratuity or pension of that employee pursuant to
this Act.
(6) In providing gratuity or pension, if the deceased civil
employee has nominated any member of his/her family or his/her
minor brother or unmarried sister, gratuity or pension shall be
provided to such person, and if, for any reason, gratuity or pension
cannot be provided to such person or if nobody has been nominated,
it shall be provided to such person from amongst the members of
his/her family as may be deemed appropriate by Government of
Nepal.
▲ 39A. Pension and gratuity of disappeared employee : (1) If any
civil employee who has served in the civil service has disappeared
and whose whereabouts have not been traced until the prescribed
period whether he/she is dead or alive, the amount of gratuity or
pension to which such employee is entitled pursuant to Section 36 or
37 shall be provided to his/her family.
(2) Notwithstanding anything contained in Sub-section (1),
his/her family shall be provided with the family pension equal to the
full amount of pension for up to Seven years if he/she who is
entitled to pension pursuant to Section 37 disappears prior to
receiving pension and for up to the period remaining to complete
Seven years if he/she disappears after starting to receive pension,
and after that period, his/her wife or husband shall be provided with
family pension equal to half the amount of pension for life.
(3) If the employee disappeared is traced subsequently, the
gratuity as referred to in Section 36, if not paid yet, or the amount of
pension receivable under Section 37 shall be provided to him/herself
from the date on which he/she claims for the same.
Provided that, the person traced subsequently shall not be
entitled to claim such amount of gratuity, pension or family pension
as has already been paid pursuant to Sub-section (1) or (2).
• 39B. Special provisions relating to gratuity and pension : (1)
Government of Nepal shall set up a separate gratuity and pension
fund for purposes of providing gratuity and pension to civil
employees appointed after the date of Notification in Nepal Gazette.
An amount at the rate of at least Ten per cent of the monthly salary
of such employees shall be deducted, and Government of Nepal
shall, adding the amount equal to Ten per cent of the monthly salary
to such amount, deposit the total amount in that fund.
(2) The gratuity and pension related provisions contained in
Sub-section (1a) of Section 32, Section 34A., 35, 36,37, 38, 39 and
39A. shall not be applicable in the case of the civil employees to be
appointed after the publication of notice pursuant to Sub-section (1).
(3) Government of Nepal shall provide the amount equivalent
to deducted monthly salary pursuant to Sub-section (1) at the time of
payment of salary to the employee.
(4) Notwithstanding anything contained in Sub-section (3), a
civil employee who has been dismissed from the service with being
disqualified for government service in the future pursuant to Sub-
clause (2) of Clause (b) of Section 59 shall be entitled to receive a
lump sum of the total amount deducted from his/her salary to that
fund and interest as well as profit accrued therein and therefrom.
(5) Other provisions relating to the management and
operation of the amounts to be deposited in the gratuity and pension
fund set up pursuant to Sub-section (1), procedures for the deduction
of funds, payment of fund deducted amounts for purposes of gratuity
and pension and fund deductions shall be as prescribed.
• 39C. Special provision of family pension : (1) Notwithstanding
anything contained elsewhere in this Act, if any civil employee in
the course of duties specified by the government for the work
performance dies due to insurgency and his/her service period is less
than Twenty years, the pension as per this Act shall be provided to
the husband or wife by adding remaining service period.
(2) The person receiving pension pursuant to Sub-section (1)
shall not receive family pension or gratuity pursuant to Section 39.
(3) If person receiving pension as per this Section marries
with other, he/she shall not receive such pension.
(4) While increasing the salary of the civil employee, Two
third amount of the increased salary shall be added to the person
receiving the family pension.
(5) If the person receiving pension as per this Section dies or
he/she marries with other, such pension amount shall be provided to
minor son, daughter, if any, of the deceased employee until they
attain majority.
• 39D Special economic facility : If a civil employee dies while in
service, his/her near heir shall be provided with a lump sum of One
Hundred Fifty Thousand Rupees.
40. Reference of salary : (1) Wherever in this Chapter and in Chapter
5, a reference of salary is made, it shall mean the concerned civil
employee’s salary amount (including salary increment) for the time
being.
(2) For purposes of Sections 36 and 37, the term “last salary”
shall mean the concerned employee’s salary at the time of his/her
retirement, and if any civil employee has been on extra-ordinary
leave or under suspension at the time of such retirement, the amount
of full salary shall be computed even for such period.
? 40A. Provisions relating to insurance facility : (1) The Government
of Nepal shall establish a fixed term (Sabadhik) life insurance fund
for the civil employee insurance.
(2) A sum of Two Hundred Rupees shall be deducted from the
monthly salary of each civil employee and deposited in the fund
pursuant to Sub-section (1), and the Government of Nepal shall add
the amount equal thereto and make the Twenty year term life
insurance for the insured sum of One Hundred Thousand Rupees.
From the amounts deposited in that insurance fund, the insured sum
and bonus shall be paid to the employee at the time of his/her
retirement.
(3) If any civil employee who has made deduction pursuant to
Sub-section (2) dies before the completion of Twenty years of
service period, an amount of One Hundred Thousand Rupees shall
be provided to his/her family. The following amount shall be
provided to the compulsory retired civil employee.
(a) Ten Thousand Rupees for deducting the amount
of less than One year.
(b) Twenty Five Thousand Rupees for deducting the
amount of more than One year and less than Five
years.
(c) Fifty Thousand Rupees for deducting the amount
of more than Five year and less than Ten years.
(d) Seventy Five Thousand Rupees for deducting the
amount of more than Ten year and less than
Fifteen years.
(e) One Hundred Thousand Rupees for deducting
the amount of more than Twenty years.
Provided that, if the deposited amount,
interest and dividend be higher than the above
mentioned amount, the higher amount shall be
provided from the fund.
(4) If any civil employee who has made deduction pursuant to
Sub-section (2) retires from the service for any reason whatsoever,
prior to the twenty years deduction of amount, an amount equal to
the surrender (Samarpan) value shall be provided to such employee.
(5) Notwithstanding anything contained in sub-sections (2)
and (3), the retired employee shall provide continuity as maturity to
the fixed term life insurance amount in twenty or less than Twenty
years.
Provided that, Government of Nepal shall not provide any
amount for the same.
(6) Other provisions relating to the fixed term life insurance
fund shall be as prescribed.
▲ 40B. Provisions relating to study, training or study tour : (1) The
concerned Ministry, Commission or Secretariat shall, in order to
send the employees under it for study, training or study tour, prepare
a description thereon and forward it to the Ministry of General
Administration each year.
(2) The Ministry of General Administration must, upon
receipt of the description pursuant to Sub-section (1), specify the
number on subject-wise basis for study, training or study tour and
forward a description thereof to the National Planning Commission.
(3) There shall be a committee as follows to allocate the
opportunities of study, training or study tour received by the
National Planning ? Commission and other governmental institution
in the name of Government of Nepal to all the services
proportionately:
(a) Chief Secretary of the
Government of Nepal
Chairperson
(b) Secretary at the Ministry of
Finance
Member
(c) Secretary at the National
Planning Commission
Member
(d) Secretary at the Ministry of
General Administration
Member
Secretary
(4) The Ministry of General Administration shall distribute
opportunities as per the decision of the committee referred to in
Sub-section (3)
(5) The criteria for making nomination for a study, training or
study tour shall be as prescribed.
▲ 40C.Period for which service to be done upon completion of
study, training or study tour : Any civil employee who pursues a
study, training or goes on a study tour on the nomination of
Government of Nepal must, upon completing such a study, training
or study tour, serve in the Ministry or Office where he/she was in
service before going on for such study, training or study tour for up
to the period as mentioned below in a compulsory manner, subject to
this Act:
Period of study, training or Minimum period for which
study tour service is to be done
(a) Up to Three months One year
(b) From Three months to Six months One and half year
(c) From Six months to Nine months Two years
(d) From Nine months to One year Three years
(e) From One year to Two years Four years
(f) From Two years to Three years Five years
(g) From Three years to Four years Seven years
(h) From Four years to Five years Eight years
? 40D. Bond to be executed : (1) Any civil employee shall, before going
for having study, training or study tour, by the nomination of
government, execute a bond to the effect that he/she shall return
upon completing such study, training or study tour and carry out
service as referred to in Section 40C.
(2) If any civil employee does not return to the service after
completing the study, training or study tour or does not complete the
period of service required to be carried out under Section 40C., the
salary, allowances received by him/her during the period of the
study, training or study tour and other amounts mentioned in the
bond, as well, shall be realized from such employee as government
dues if such salary, allowances and other amounts be not returned
within the prescribed period.
(3) Any civil employee who, upon obtaining the prior
approval of the competent, has gone to carry out study, training or
study tour, shall execute a bond to the effect that he/she shall carry
out service as equal to the study training or study tour after the
completion of study, training or study tour.
(4) If a civil employee who has gone for study pursuant to
sub-sections (1) and (3) does not come for service or does not
complete the service period, the duration of such study, training or
study tour shall not be counted in service period of such employee.
(5) Notwithstanding anything contained elsewhere in this
Section, if an employee who has gone for study, training or study
tour gets compulsory retirement or dies, any amount shall not be
forfeited from him/her or him/her family for the non-completion of
service pursuant to Section 40C.

Chapter 7 Conduct

Chapter 7 Conduct
41. Punctuality and regularity : Each civil employee must attend his/her office regularly during the time appointed by Government of Nepal and must not remain absent from the duty without having prior sanction of leave as far as possible.

42. Discipline and obedience :

(1) A civil employee must remain in discipline and perform his/her duties with honesty and readiness.
(2) A civil employee must expeditiously carry out any orders given by his/her superior officer on matters relating to governmental business.
(3) A civil employee must show due respect to all the employees superior to him/her and treat his/her subordinate
employees properly.

43. Restriction on using political or undue influence : No civil employee shall, with intention to satisfy his/her personal interests on matters relating to his/her service, exert or attempt to exert any political or other undue influence over any other civil employee.

44. Restriction on taking part in politics : No civil employee shall take part in politics.

45. Restriction on criticizing Government :

(1) No civil employee shall, on his/her real or pseudo name or anonymity, publish any  feature article, provide any news to the press, broadcast a speech through radio or television etc., make any public speech or publish
any statement in such a manner as to be contrary to the policies of Government of Nepal or to undermine the mutual relationship between Government of Nepal and the people or the relationship with any foreign country.
(2) Notwithstanding anything contained in Sub-section (1), it shall not bar the publishing or broadcasting of any feature article in such a manner as not to be contrary to the prevailing law and the policies of Government of Nepal.

46. Restriction on publishing news relating to governmental business : No civil employee shall, without being authorized by Government of Nepal, provide or divulge, directly or indirectly, to  any other unauthorized employee or non-governmental person or press any confidential matter which was known to him/her in the   course of performing the governmental duty or any matter prohibited by law or any document or news written or collected by
him/her. This restriction shall also be applicable to a person who has been relieved of the government service for any reason whatsoever.

47. Restriction on receiving gift, present, donation etc. and borrowing :

(1) No civil employee shall, without prior approval of Government of Nepal, accept a gift, donation, present or
gratification of any kind either by him/herself or through any  member of his/her family, or ask for donation or borrow any loan from any person concerned with any government business, in such a manner as to affect the government business in any manner.
(2) If any civil employee happens to receive any present from any foreign government or any representative of such foreign government, he/she must inform Government of Nepal about it and shall act accordingly as sanctioned.

48. Restriction on establishing and operating company and carrying on trade or profession : (1) No civil employee shall, without prior approval of Government of Nepal, carry out the following acts:
(a) To participate in the establishment, registration or operation of any bank or company,
(b) To carry on any trade or profession requiring registration according to the prevailing laws,
(c) To accept any kind of employment elsewhere.
(2) Notwithstanding anything contained in Sub-section (1), a civil employee may carry out any literary, scientific or artistic works in a manner not to be contrary to the policies of Government of Nepal.

49. Restriction on taking part in election : No civil employee shall take part in an election to any political post nor shall solicit vote for anyone nor shall exercise influence of any kind in the election.
Provided that, this shall not bar the exercise of his/her right to vote conferred under the prevailing laws, without revealing whom he/she has voted or intends to vote for.

50. Restriction on agitation and strike : No civil employee shall perform an agitation, participate in a strike or entice anyone to  perform such acts in a manner to undermine the sovereignty and integrity of the Kingdom of Nepal, the law and order situation of the country, external relations and public decency, make contempt of court, create hatred among the peoples of various castes, tribes, religions, classes, regions and communities or aid and abet any crime.
51. Restriction on staging strike, detention and Gherao : No civil employee shall stage any strike or pen-down action and exert any pressure inflicting physical or mental suffering or entice other persons to commit such acts in a manner to cause hindrance or obstruction to any office or officer in the performance of the duties
required by law.

? 52. Restriction on making representation : No civil employee shall make representation on behalf of any person or group, except for making petition to the concerned body or official either by him/herself or through his/her attorney in respect of any grievance caused to him/her.
Provided that, nothing in this Section shall be deemed to bar the carrying out of any work regarding post responsibility of civil employee and representation on behalf of the authentic trade union of the civil employees formed pursuant to Sub-section (3) of Section 53.

? 53. Provision relating to professional organization of civil employees :

(1) The civil employees may form an organization under the provisions of this Act.
(2) The following provisions shall be complied with while forming the trade union pursuant to Sub-section (1).
(a) The employees of gazetted third class or lower than that except the gazetted class employees who work as the head of the office, may form a trade union of civil employees at the national level and receiv membership for their professional entitlement and welfare.
(b) The registration of the trade union of civil employees shall be made in the Department of
Labour and Employement Promotion.
(3) The authentic trade union of civil employees shall be formed as follows:
(a) The member of the trade union of civil employees as formed pursuant to Sub-section (1)
may form authentic trade union of civil employees with appointing officials.
(b) The authentic trade union of civil employees shall have the right to submit own professional
demands and conduct social dialogue and collective bargaining at the concerned institution
at the district, departmental and national levels.
In the case of not forming the authentic trade union of civil employees, the trade union of civil
employees formed pursuant to Sub-section (1) may conduct collective bargaining with mutual
consent of each other.
(c) The other provisions relating to authentic trade union of civil employees shall be as prescribed.
(4) The functions, duties and powers of the trade union of civil employees shall be as follows:
(a) The duties of the trade union of civil employees formed pursuant to sub-sections (1) and (3) are
to provide suggestion and assistance to the Government of Nepal about effective and dynamic civil service while taking account of the protection and promotion of employees’ right and interest.
(b) The trade union of civil employees may conduct creative and artistic work along with asembly,
training and symposim.
(c) The trade union of civil employees shall have the right to form association, receive
membership of such association, receive membership of an international association and
represent on behalf of the association.
(5) The Government of Nepal may take suggestions from the authentic trade union of civil employees while making law relating to civil service.
(6) The competent authority shall have to manage the transfer of the officials of the authentic trade union of civil employees and national level trade unions formed pursuant to Sub-sections (1) and
(3) on their demand to their appropriate working area.
(7) The tour up to thirty days in one year may provide to the central officials and members of the national level trade union formed pursuant to Sub-sections (1) and (3) to participate a seminar,
workshop, assembly, work related with the organization at the domestic and international level without causing financial obligation to the Government of Nepal .
(8) The other provisions of registration, condition thereon and process relating to trade union of civil employees shall be as prescribed.

54. Statement of property : Each civil employee must submit a
statement of his/her property.

• 54A. Prohibition on torture : (1) No civil employee shall subject any
one to torture.
(2) No civil employee shall commit sexual abuse.
• 54B. Other conduct : (1) In discharging duties in his/her office, a civil
employee must treat all in a decent manner.
(2) The civil employee must bear the responsibilities which
may arise according to his/her office and post and perform works in
an impartial, fair, efficient and prompt manner.
(3) The civil employee must not use or consume any
government property for domestic use.
(4) The civil employee must not depute any government
employee, appointed as to get salary by the government service to
domestic work except office work.

• 54C. Treatment to stakeholders : (1) The civil employee must accord
decent treatment to the stakeholders related with his/her works.
(2) A clear information, inter alia, on the matters and process
related with the work of the stakeholders and the time required to
perform the work must be given to the stakeholders in due time.

55. To keep conduct compatible with own service and post : Each civil employee must also keep his/her conduct compatible with his/her service and post.

▲ 55A. Powers to warn : If any civil employee is not punctual, does not carry out the order given by the employee superior to him/her on matters relating to any government business or becomes reckless or slow on office works, the concerned supervisor may give a warning to such an employee, with setting out the reason therefor; and records thereof must be maintained in the sheet roll/personal details file of the concerned employee.

Chapter 8 Service Security

Chapter 8 Service Security
56. Security of service of civil employee : No civil employee, other than the following civil employee, shall be removed or dismissed from the civil service without providing him/her with a reasonable opportunity to furnish proofs his/her defense:
(a) Who has been convicted by a court of a criminal offence involving moral turpitude,
(b) Who is holding a temporary post,
(c) Who has disappeared and whose whereabouts are not known or there are sufficient grounds that it is not possible to establish contact with him/her.
• (d) Who is convicted by a court of a corruption charge.

57. Saving of civil employees :

(1)No case may be instituted against any civil employee in respect of any government business performed
by him/her considering it to be the carrying out of the duties of his/her post, without fulfilling the procedures as mentioned in Sub- section (2).
(2) In order to institute a case against any civil employee pursuant to Sub-section (1), an approval of the Authority shall be required in respect of a criminal case; and the following matters have to be observed in respect of a civil case:
(a) Two months have elapsed after a written notice stating the reasons for instituting the case and
the name and address of the plaintiff and of his/her attorney, if any, has been delivered to the
Authority or the concerned civil employee or sent by post through a registered mail and a copy
of such notice has been submitted to Government of Nepal.
(b) The case has been filed within eight months from the date of cause of action.
(3) In respect of any act performed by any civil employee in
the course of discharging the duties of his/her post while he/she was
incumbent, no case may be instituted against him/her without the
approval of Government of Nepal, even after the termination of
his/her service.
(4) If Government of Nepal gives approval to institute a case pursuant to Sub-section (3), Government of Nepal shall defend on his/her behalf.

58. Security of conditions of service : The conditions of service relating to salary, gratuity, pension and other facilities of any civil employee prevailing at the time of his/her appointment shall not, without his/her consent, be so altered as to cause adverse effects on him/her. If any subsequent amendment causes adverse effects, in any manner, on such conditions of service of any civil employee who is already incumbent prior to such amendment, such amended
provisions shall not be applicable to him/her in absence of his/her written consent to the application of such provisions.

Chapter 9 Punishment and Appeal

Chapter 9 Punishment and Appeal
59. Punishment : A civil employee may be subjected to the ? department punishment as follows, if there exist appropriate and sufficient reasons:
(a) Ordinary Punishment :
(1) Censure,
(2) Withholding of promotion for up to two years or withholding of a maximum of two salary increments,
(3) Withholding of promotion for two to five years, or withholding of a maximum of two to five salary
increments,
(b) Special punishment :
(1) Removal from service, without being disqualified for government service in the future.
(2) Dismissal from service, with being disqualified for government service in the future.

60. Censure or withholding of promotion for up to two years or withholding of a maximum of two salary increments :
Punishment of censure or withholding of promotion for up to two  years or withholding of a maximum of two salary increments may be imposed on a civil employee, in any of the following circumstances:
(a) If his/her performance did not found satisfactory,
(b) If he/she fails to hand over the charges pursuant to the prevailing law,
(c) If he/she is given warning for up to two times a year under Section 55A.,
(d) If he/she violates the matters relating to conduct mentioned in this Act and the Rules framed hereunder,
(e) If he/she fails to observe any direction given by the official superior to him/her in respect of his/her frequent disregard of grievances and complaints of the stakeholders,
(f) If the office-bearer obliged to enforce, or cause to be enforced, the job description fails to do so.
• 60A.Withholding of promotion for two to five years or withholding of a maximum of two to five salary increments
or demoting to the basic scale of the post : Punishment of withholding of promotion for up to five years or withholding of a maximum of five salary increments or demoting to the basic scale of the post held by him/her may be imposed on a civil employee, in any of the following circumstances:
(a) If he/she commits breach of discipline,
(b) If he/she violates the matters relating to conduct mentioned in this Act and the Rules framed hereunder,
(c) If he/she fails to settle advances pursuant to the prevailing law,
(d) If he/she fails to observe any direction given in respect of irregularities found from management audit.
(e) If he/she frequently absent in the office without prior notice.

61. Removal or dismissal from service :

(1) A civil employee may  be removed from serve, without being disqualified for government
service in the future, in any of the following circumstances:
(a) If the civil employee fails to perform the duties or responsibilities of his/her post due to his/her
own incapacity.
(b) If he/she frequently violates the matters relating to conduct.
(c) If he/she frequently consumes alcoholic substances during the office hours.
(d) If he/she frequently commits acts of indiscipline.
(e) If he/she takes part in politics.
(f) If he/she frequently neglects the responsibilities of his/her post.
(g) If he/she absents himself/her from his/her office continuously for ninety days without having
sanction of a leave.
(2) A civil employee may be dismissed from service, with being disqualified for government service in the future, in any of the following circumstances:
(a) If he/she is convicted by a court of a criminal offence involving moral turpitude.
(b) If he/she commits corruption.
• 61A. Special provisions relating to departmental action and punishment : (1) Notwithstanding anything contained elsewhere in  this Act, if, pursuant to the Commission for the Investigation of Abuse of Authority Act, 2048 (1991), that Commission, and, pursuant to the prevailing law, the concerned body writes for departmental action against any civil employee, departmental punishment must be imposed accordingly, after fulfilling the required procedures.
(2) Notwithstanding anything contained elsewhere in this Act, if any civil employee is found absent in office without approved leave, he/she may be registered as absent and his/her salary may be deducted. Such period shall not be counted in the service period.
(3) Notwithstanding anything contained elsewhere in this Act, no office-bearer shall allow a civil employee who remains absent for a period exceeding ninety consecutive days to attend the office, by marking him/her as non-attendant. Departmental action shall be taken against the office-bearer who so allows office attendance; and
the salary and allowances, as well, received by the employee who has been so allowed to attend the office shall be realized from the office-bearer who has so allowed office attendance as governmental dues.

62. Departmental punishment awarding official :

(1) The following authority shall have the powers to issue order of punishment to the civil employee pursuant to Clause (b) of Section 59.
(a) The Government of Nepal for the employee working in first class and above that post.
(b) Concerned institution special class official for the employee working in gazetted second and
third class.
(c) Concerned institution departmental head or gazetted head of the office for the non gazetted
civil employees.
(2) The authority to issue order of punishment pursuant to Clause (a) of Section 59 shall be as prescribed.

63. Delegation of powers to award departmental punishment :
Government of Nepal may, by a Notification in the Nepal Gazette, delegate the powers of any official empowered to issue order of punishment pursuant to Section 62 to any other official specified in that Notification, to be exercised for such period as specified in that  Notification.

64. Powers to suspend :

(1) If the investigation of any charge mentioned in Section 61 is to be conducted in respect of any civil
employee, the official empowered to issue order of punishment may suspend such a civil employee until the conclusion of the investigation.
Provided that, generally suspension shall not be ordered unless the following circumstance exists:
(a) Where there is a possibility that he/she can collect false evidence or conceal any evidence
against him/her if he/she is not suspended and is allowed to carry out the duties of his/her post, or
(b) Where there is a possibility of governmental loss or damage if he/she is not suspended and is
allowed to carry out the duties of his/her post.
(2) The official empowered to issue order of punishment to a civil employee may give a notice of the charge to him/her on his/her removal or dismissal from service, and may also suspend him/her.
(3) In suspending a civil employee pursuant to Sub-section (1), he/she must not be suspended ordinarily for more than two months. The action against the employee must be completed within that period. If such action cannot be completed within that period because of the occurrence of any extra-ordinary circumstance and
the period of suspension has to be extended, the period of suspension may be extended for up to one month with the prior approval of the Authority.
(4) Any civil employee arrested and detained for a criminal charge involving moral turpitude shall be deemed to have ipso facto been suspended during the period of such detention.

65. Termination of suspension : If any civil employee is reinstated in his/her post or ▲ the period as referred to in Sub-section (3) of Section 64 is completed or he/she is removed or dismissed from
service, his/her suspension shall stand terminated.

66. Providing opportunity for defense : (1) The official empowered to issue order of departmental punishment must, prior to issuing an order of punishment to any civil employee, serve on him/her a
notice, explaining the reason for taking such action and give an opportunity to defend him/herself within a reasonable time limit. In giving such opportunity, the charge against him/her must be clearly
indicated and the facts and grounds on which each charge is based must be specified. In such case, the concerned employee must also submit his/her defense within the time limit; and the concerned official must seriously consider the defense so submitted.
(2) The official empowered to issue order of departmental punishment may, if he/she thinks it necessary, conduct an
investigation either by him/herself or through any other officer. The officer conducting the investigation must follow the prescribed  procedures.

67. To propose punishment prior to issuance of order of special punishment : If the concerned civil employee does not submit defense under Section 66 or if the defense submitted by such employee is not satisfactory, the official empowered to issue order of departmental punishment must, prior to issuing an order of special punishment, ask such civil employee to furnish an explanation why the proposed punishment intended to be imposed
on him/her should not be imposed on, within a reasonable time limit in this respect.

68. Seeking consultation of Public Service Commission : If it appears that the defense submitted under Section 66 or the explanation furnished under Section 67 by the concerned civil employee in the course of action on departmental punishment is not satisfactory and punishment is to be imposed on such employee, the official empowered to issue order of departmental punishment must propose the punishment intended to be imposed on that employee
and seek consultation of the Public Service Commission.

69. Constitution, functions and duties of Administrative Court :
(1) An Administrative Court shall be constituted, as prescribed, under the chairpersonship of a person who is a sitting or a retired judge of the Appellate Court, in order to hear appeals against the decisions of the official empowered to issue order of departmental punishment ? —–.
• (1a) Notwithstanding anything contained in Sub-section (1), where an appeal against the order of punishment as referred to in Clause (a) of Section 59 has been filed with any official at the time of commencement of this Section and yet to be settled, such appeal must be settled by the official with whom it has been filed.
(2) The decision made by the Administrative Court shall be final.
(3) If, on the final settlement of an appeal under this Section in regard to any civil employee, his/her service is to be reinstated by virtue thereof but he/she does not appear within three months from the date of receipt of a notice of that decision, it shall not be mandatory to reinstate him/her in the service.
(4) Other functions and duties of the Administrative Court and the procedures to be followed by the Court while exercising its jurisdiction or while performing its other functions shall be as prescribed.
(5) The appellant may, if he/she so wishes, appear on the appointed days either in person or by his/her attorney and may have his/her case pleaded by a legal practitioner.

70. Decision not to be affected : No decision shall be affected by any minor error which does not cause substantial effects on the action against a civil employee conducted by the competent authority pursuant to this Act or the Rules framed hereunder.

Chapter 10 Miscellaneous

Chapter 10 Miscellaneous
71. Leave to which civil employee is entitled : The civil employees shall be entitled to the following leaves, as prescribed:
(a) Casual and Festival Leave;
(b) Home Leave;
(c) Sick Leave;
(d) Maternity Leave;
• (d1) Maternity Care Leave;
(e) Obsequies Leave;
(f) Study Leave;
(g) Extra-ordinary Leave;

• 71A. Unpaid Leave :

(1) If the husband or wife of any civil employee is deputed to the foreign based Nepalese Embassy or mission, such
civil employee shall get unpaid leave as prescribed.
(2) The unpaid leave pursuant to Sub-section (1) shall not be  counted in the period of service.

72. Delegation of powers :
? (1) Government of Nepal may, by a Notification in the Nepal Gazette, so delegate the powers conferred
to it by this Act that such powers may be exercised by the civil employee or official specified in that Notification.
Provided that, no powers conferred by this Act may be delegated by any Act, other than this Act..
(2) Any official may so delegate the powers conferred to him/her by this Act to his/her subordinate civil employee that such powers are to be exercised under her/his general supervision.
▲ 72A. Management audit : Except in the matters within the domain of the Public Service Commission, the Ministry of General Administration may supervise, monitor and evaluate as to whether
the civil employees in service in different bodies of the Government of Nepal have abided by the prevailing law and other administrative rules and procedures and give direction, and if, in making such
supervision, it appears that departmental action is to be taken against any civil employee, it may also recommend such action; and  it shall submit an annual report thereof to the Government of Nepal.

? 73. Full salary and allowance to be received on being reinstated in civil service :

(1) If any civil employee is re-instated in the civil service upon annulment by the court of the order of his/her
retirement, removal or dismissal from civil service, such employee shall be entitled to the salary, allowances, • Festival expenses as well as increment in salary, if any, receivable, from the date of his/her retirement, removal or dismissal from civil service to the date of his/her re-instatement in the civil service.
(2) If any civil employee who was retired or removed or dismissed from civil service prior to 4th Jestha of the year 2050 (17 May 1993) is reinstated in the civil service by a court order issued after that date, such employee shall also be entitled to the salary, allowance and increment in salary pursuant to Sub-section (1).
• 73A. Provisions relating to disadvantage, grievance of civil employees and handling thereof : (1) Except in cases where a civil employee may file a complaint or appeal elsewhere pursuant to this Act and the prevailing law, if the civil employee thinks that he/she has suffered disadvantage in the service, conditions and facilities provided under this Act and the rules framed hereunder and in any matter concerning the employee or if no action has been
taken even after informing the concerned body about the same, such employee may present, as prescribed, the disadvantage and grievance which he/she has suffered to the prescribed body.
(2) Other provisions relating to disadvantage, grievance of civil employees and handling thereof shall be as prescribed.
• 73B Establishment and operation of employee welfare fund : (1) There may be established as prescribed a welfare fund for the welfare of working civil employees, retired persons and their family members.
(2) The operation and management of the fund established pursuant to Sub-section (1) shall be as prescribed.
• 73C. Provision relating to employee to Royal Palace Service : (1) The employee working in Royal Palace Service at the time of commencement of this Act, shall be administered and managed by a separate regulation.
(2) The Royal Palace Service Act, 2029 and Rules made thereunder are hereby repealed.

74. Handing over charge : Any civil employee required to hand over the cash, goods in kind or documents required to be handed over by him/her must hand them over to the concerned employee within the prescribed time-limit, and the person required to take them over must take them over within that time-limit.

75. Power to frame rules : Government of Nepal may, in order to implement the objectives of this Act, frame rules to be generally  applicable to all the civil services or to be severally applicable to
different services or groups.

76. Repeal and saving :

(1) The Civil Service Act, 2013 (1957) in hereby repealed.
(2) All the acts done and actions taken pursuant to the Civil Service Act, 2013 (1957) and the rules framed thereunder shall be deemed to have been done and taken under this Act.
Note: 1. An Act made to Amend Some Nepal Laws, 2063 has changed the words “His Majesty’s Government into
“Government of Nepal” instead of.”
2. Sections 64 and 65 of the Civil Service (Second Amendment) Act, 2064 shall be as follows.
64. To maintain ipso facto in the changed service : The service of the employees and officers working and
being maintained in the Auditor General Office as per Section 9 of the Audit Act, 2048 at the commencement of
this Act shall be ipso facto maintained in the service pursuant to Clause (e1) of Section 3 and those officers and
employees shall ipso facto be changed in the same class.

65. Repeal and saving :

(1) Section 9 of the Audit Act, 2048 has been repealed. (2) All acts preformed or actions taken from the
17 th Aashad of the year 2063 to the earlier date of the commencement of this Act shall be deemed to have
been performed or taken under this Act.
(3) The prevailing provisions before of 30 th Aashad of the year 2062 shall continue to apply until
the provisions relating to promotion on ground of work efficiency commence

Army Act, 2063 (2006)

Army Act, 2063 (2006)
Date of Authentication and Publication
2063.6.12 (28 Sept. 2006)
Amendment,
Republic Strengthening and Some Nepal 2066.10.7
Laws Amendment Act, 2066 (2010) 1 (21 Jan. 2010)
Act Number 7 of the Year 2063 (2006)
An Act to provide for the Amendment and Unification of the Laws
relating to Nepal Army
Preamble : Whereas, the sovereignty of Nepal is inherent in the people of Nepal as the result of the historical peoples movement and the source of sovereign authority is vested in the people of Nepal;
Whereas, it is expedient to amend and consolidate the prevailing laws  relating to the establishment, arrangement, control, use and mobilization of the Nepal Army for making the Nepal Army accountable to the people of Nepal;
Now, therefore, be it enacted by the House of Representatives in the First year of the issuance of the Declaration of the House of Representatives, 2063.

Chapter -1 Preliminary

Chapter -1 Preliminary
1. Short title and commencement:

(1) This Act shall be called the “Army Act, 2063 (2006)”.
(2) This Act shall come into force immediately.
2. Definitions : In this Act, unless the subject or context otherwise requires:
(a) “Nepal Army” means the collective organization of the persons recruited in the Nepalese Army under this Act or any part thereof.
(b) “Force” means an organized form or group formed with a particular objective by the Government of Nepal within the Nepal Army.
(c) “Engagement in military operation” means any of the following:
(1) Working as a part of or in affiliation with the Nepal Army during engaged in an operation against an enemy,
(2) Engagement in an military operation in a territory or area controlled by an enemy in whole or in part, or working as a part of or affiliated with the Nepal Army moving towards such territory or area,
(3) Engagement as a part of or affiliation with the Nepal Army which is taken hostage by the Military of a foreign country, or
(4) Involvement in the maintenance of internal security as a part of or affiliated with the Nepal Army engaged against any individual or group who are conducting or are suspeced or conduct destructive or violent activities with or without arms.
(5) Declaration as “engagement in military operation” by the Government of Nepal in accordance with Section 135.
(d) “Chief of the Army Staff” means the Chief of the army staff of the Nepal Army appointed as referred to in Section 8.
(e) “Officer” means an officer of the Nepal Army above the rank of Junior Commissioned Officer (Padik), and this term also includes similar officers of the reserve force (Jageda Bal).
(f) “Junior Commissioned Officer” means Subedar-Major, Subedar and Jamdar, and this term also includes similar rank of the reserve forces.
(g) “Commanding Officer” means any of the following officers:
(1) the head of the Unit, Sub-unit, or (2) the officer who commands the Tukadi of the Unit or Sub-unit
during the period of deployment respectively, or (3) the Commanding Officer of any Corps (Chamu), Detachment
Department in respect to the person under Clause (b) of Sub- section (1) of Section 3 who is affiliated therein,
(4) the officer who is nominated or designated by the officer who commands the force in which the person is currently working at the time when one has no involvement elsewhere in Sub- clause (3).
(5) the officer who commands the concerned force if no officer has been designated or nominated in accordance with Sub- clause (4).
(h) “Non-commissioned Officer (Billadar)” means Corporal (Hudda), Corporal (Amaldar), Lance Sergeant (Pyuth), and this term also  includes the person of similar rank of an organized force established for a particular purpose.
(i) “Corps (Chamu)” means the separate Unit specified as a corps within the Nepal Army.
(j) “Division (Pritana)” means a separate Unit specified as a “Division” within the Nepal Army.
(k) “Brigade (Bahini)” means a separate Unit specified as a “brigade” within the Nepal Army.
(l) “Battalion (Gan)” means a separate Unit specified as “Battalion” within the Nepal Army.
(m) “Commander (Pati)” means the position from officer to non- commissioned officer.
(n) “Immediate Senior officer” means the senior officer closet in rank, and for this purpose this term also includes Junior Commissioned Officer (Padik barg) and Non-commissioned Officer (Billadar).
(o) “Offence” means the act defined as offence pursuant to Chapter-7.
(p) “Enemy” means an armed mutineer, armed person who committed treason, armed person involved in disorder or armed dacoit and any armed person who is subject to action by a person to whom this Act
is applicable.
(q) “Court Martial” means the General Court Martial, Summary General Court Martial, District Court Martial, `Summary Court Martial pursuant to Section 67 and Special Court Martial pursuant to Section 119.
(r) “Committee” means Military Welfare Fund Operation and Management Committee as referred to in Section 29.
(s) “Welfare acts” means acts of providing insurance, medical treatment, health, scholarship, residence, operating canteens for the welfare of incumbent (serving) and ex-military (retired) personnel and their families, and this term also includes establishing schools and universities and operating them.
(t) “Welfare planning” means income generating acts which support welfare acts and this term also includes infrastructure and service oriented projects, financial institutions and providing loans or investing shares as prescribed in the industrial profession.
Provided that, such an investment shall not be made as a promoter (Prabardhak).
(u) “Income generating acts” means acts of generating income for the purpose of supporting the welfare acts by investing in an institution after obtaining permission in accordance with prevailing law.
(v) “Chief of Military Police” shall means the Chief of Military Police appointed pursuant to Section 78 and this term also includes a person who exercise power, under his/her supervision, in accordance with
law on his/her behalf.
(w) “Judge Advocate General Department (Prad Viwak)” means the person who is represents the Court Martial as the Judge Advocate General pursuant to Section 81.
(x) “Other court” means other courts constituted in accordance with prevailing laws except the Court Martial.
(y) “Departmental action” means the departmental action to be imposed pursuant to Section 105.
(z) “Prison” means a prison in accordance with prevailing laws relating prison and this term also includes a military prison pursuant to Section 136.
(aa) “Order” means an order issued by an authorized officer pursuant to this Act and Rules framed thereunder.
(bb) “Prescribed” or “as prescribed” means prescribed or as prescribed pursuant to this Act and Rules framed thereunder.
3. Persons under the jurisdiction of this Act:

(1) The following persons shall be under the jurisdiction of this Act:
(a) Persons recruited in the Nepal Army under this Act;
(b) Other persons assigned for some acts, or persons in the service of the Nepal Army staying in a camp or in a
march for military operation, or staying in an area  declared by the Government of Nepal as a military
operation zone; or civilian persons who assist the works of Nepal Army,
(c) Persons selected for recruitment in the Nepal Army.
(2) A person pursuant to Clause (b) of Sub-section (1) shall be considered to have been under the command of the commanding officer of his/her department, formation or unit.
(3) If a person pursuant to Clause (b) of Sub-section (1) is not engaged under the command of a commanding officer of any department, formation or unit, he/she shall fall under the command of an officer who is
designated or nominated by the commanding officer of the force in which he/she is currently engaged for the time being, or of a commanding officer of the concerned force if such officer is not designated or nominated.
(4) The commanding officer shall not depute a person pursuant to Clause (b) of Sub-section (1) under the command of a junior officer in a circumstance where the senior officer is available.
(5) If the person pursuant to Clause (b) of Sub-section (1) commits an offence outside the territory of Nepal, the jurisdiction of this Act shall prevail.
(6) An offence committed by the person pursuant to Clause (b) of Sub-section (1) against the citizen of a country in which he/she has been deployed in a peacekeeping mission of the United Nations shall fall under the jurisdiction of other courts.

Chapter-2 Establishment and Arrangement of Nepal Army

Chapter-2 Establishment and Arrangement of Nepal Army
4. Establishment and arrangement of the Nepal Army :

(1) The Nepal Army shall be established for the protection and Defence of the independence, sovereignty, territorial integrity and national unity of the state of Nepal.
(2) The Nepal Army at the time of commencement of this Act shall be deemed to have been established in accordance with this Act.
(3) The arrangement of the Nepal Army shall be regulated in accordance with this Act and the Rules framed thereunder and other matters shall be dealt with in accordance with the instructions issued by the
Government of Nepal.
5.
2 ……………….
2
Repealed by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.
6. National Defence Council: (1) 3 …………
(2) 4 ……………….
(3) In addition to the functions 5 as referred to in the Interim Constitution of Nepal, 2063 (2007), the functions, duties and powers of the National Defence Council shall be as follows:
(a) To make policies, plans and programmes relating to 6 mobilization, operation and use of the Nepal Army
and submit the same to the Government of Nepal,
(b) To submit recommendations relating to the number and organizational structure of the Nepal Army,
(c) To make necessary advice to the Government of Nepal relating to the management of the Nepal Army,
(d) To submit necessary advice to the Government of Nepal relating to the management of arms, weapons
and other military equipment of the Nepal Army,
(e) To perform other acts as prescribed.
(4) The Secretary at the Ministry of Defence shall perform as the Secretary of the National Defence Council. In his/her absence, an officer as designated by the Prime Minister shall perform this function.
(5) There shall be a Secretariat within the Ministry of Defence to  carry out the acts and proceedings of the National Defence Council. Other arrangements of the Secretariat shall be as prescribed.
(6) The procedures of the meetings of the National Defence Council shall be as determined by the National Defence Council itself.
7. Organizational Structure : (1) The composition of the Nepal Army shall be inclusive and it shall have national characters.
(2) The Government of Nepal shall make necessary policies, plans and programmes for the implementation of the provisions of Sub-section (1).
(3) The organizational structure and number of positions in the Nepalese Army shall be as determined by the Government of Nepal.
Provided that, there shall be only one position of General (Maharathi) and the same General (Maharathi) shall be appointed for the post of the Chief of Army Staff.
(4) In the organization of the Nepal Army there shall be a Chief of Army Staff and other positions as referred to in Schedule-1.

Chapter-3 Appointment, Functions, Duties and Powers of Chief of Army Staff

Chapter-3 Appointment, Functions, Duties and Powers of Chief of Army Staff
8. Chief of Army Staff:
7 (1) The President shall appoint Chief of Army staff on the recommendation of the Council of Ministers. The President shall provide him/her the insignia (Darjani Chinha).
(2) The Chief of Army Staff shall be the Chief of the Nepal Army.
(3) In a case of vacancy of the post of the Chief of Army Staff due to  leave or any reasons, the Senior Officer of the Nepalese Army as designated
8 by the President on the recommendation of the Council of Ministers shall be the Acting Chief of Army Staff and perform the duties of the post.
9. Accountability to the Government of Nepal:

(1) The Chief of Army Staff shall be accountable to the Government of Nepal for the functions to
be carried out and duties to be performed by him/her.
(2) The Chief of Army Staff shall, before assuming the office, take an oath of office in a format as referred to in Schedule-2 before the 9 President.
10. Functions, duties and powers of the chief of Army Staff :

(1) The functions and duties of the Chief of Army Staff shall be to manage the Nepal Army, subject to the directions of the Government of Nepal and prevailing laws.
(2) The Chief of Army Staff shall submit an annual report relating to the management of the Nepal Army to the Government of Nepal every year within the month of Baishakh (Around April-May), and the Government of
Nepal shall present such annual report to the 10 Legislature-Parliament and the State Affairs Committee shall discuss on the report.
(3) Other functions, duties and powers of the Chief of the Army Staff shall be as referred to in this Act and as prescribed in the Rules framed thereunder.

11. Age bar and tenure of office:

(1) The Chief of Army Staff shall hold office until the age of Sixty One years.
(2) The term of office of the Chief of Army Staff shall be Three years subject to the provision pursuant to Sub-section (1).
(3) Notwithstanding anything contained in Sub-section (2), 11 the President on the recommendation of the Council of Ministers may, if deems necessary, remove the Chief of Army Staff before the completion of such
tenure. He or she shall be given an opportunity to defend him/herself, prior to such removal.
(4) The Chief of Army Staff who is holding office at the time of commencement of this Act shall continue his/her office subject to the provision pursuant to Sub-section (2).

Chapter-4 Appointment and Terms and Conditions of Service

Chapter-4 Appointment and Terms and Conditions of Service
12. Appointment and fulfillment of vacancy:

(1) A Recruitment Committee presided by the Chairperson of the Public Service Commission or a member of the Commission as designated by the Public Service Commission to recommend the officer level vacant post; and including a representative nominated by the Public Service Commission as a member to recommend for the vacant posts lower than officer rank of the Nepal Army, shall be formed as prescribed.
Provided that, no provision of this Section shall bar for taking examinations other than those examinations under the supervision of a representative nominated by the Chairperson of the Public Service Commission after completion of written examination conducted by the Committee as referred to in Sub-section (1)
(2) Other functions, duties and powers of the Recruitment Committee formed pursuant to Sub-section (2) shall be as prescribed.
(3) Other arrangements regarding the recruitment shall be as prescribed.
(4) The qualifications required for the appointment to different posts (rank) of the Nepal Army shall be as prescribed.

13. Ineligibility (Disqualifications):

(1) The following persons shall be deemed ineligible for appointment to the posts of the Nepal Army:
(a) Who is not a citizen of Nepal,
(b) Who is convicted by a court of a criminal offence involving moral turpitude,
(c) Who is removed from the service for being disqualified for government service in the future,
(d) Who is convicted in an offence of violating human rights,
(e) Who does not have the qualifications as referred to in Sub-section (4) of Section 12.
(2) Nothing contained in Clause (a) of Sub-section (1) shall be deemed to have prevented the Government of Nepal from receiving technical and expert services from non-Nepalese citizens for a short term.

14. Appointing Authority : Government of Nepal shall, on the recommendation of the Recruitment Committee pursuant to Section 12, appoint in the Officer level ranks and the prescribed official shall appoint in
other levels.

15. Commission : The Minister for Defence shall, subject to the provisions of this Act and the Rules framed thereunder, Commission the qualified officer of the Nepal Army.

16. Oath : A person appointed to a post of the Nepal Army shall take an oath as referred to in Schedule-2.

17. Tenure of office : (1) Except otherwise provided in Section 11, the age bar of officers of the Nepal Army shall be as referred to in Schedule-3.
(2) The tenure of office of the officers of the Nepal Army shall be as referred to in Schedule-4 subject to the provision of Sub-section (1).
(3) Notwithstanding anything contained in Sub-section (2), the Government of Nepal may extend the tenure of office of the officers as referred to in Schedule-5, on the recommendation of the Chief of Army Staff, for being his/her service necessary along with the reasonable grounds and reasons that an officer is physically capable (fit) even after contributing a long service to the Nepal Army.

18. Removing from the service and demotion from the rank :

(1) Government of Nepal may remove or dismiss a person serving in the Nepal Army from the service.
(2) The Commander-in-Chief may demote to a lower grade or rank or remove from the service to a person serving in Nepal Army other than an officer.
(3) The Commander of Corps (Chamu), Division (Pritana) or Brigade (Bahini) or a commander of an equivalent rank or an officer vested with equivalent authority may remove from service and demote to a lower
rank to a person under his/her command except to an officer or junior commissioned officer.
(4) The commanding officer of a Unit or Sub-unit may remove from service or demote to the lower rank to a Sergeant (Hudda) and other personnel of lower rank who are under his/her command.
(5) The powers conferred by this Section shall be exercised subject to this Act or the Rules framed thereunder.
(6) While taking action in accordance with this Section, an opportunity shall be provided for the defense.
(7) The commanding officer shall provide a certificate which includes the details as prescribed, if a person who falls under the jurisdiction of this Act and is removed or is to be removed from the service.

19. Restriction on establishing and operating organization or association :

(1) A person who falls under the jurisdiction of this Act shall not do the following acts:
(a) To establish, operate, accept membership or assist to a union, association or organization, or participate in a
programme organized by such union, association or organization.
(b) To participate or deliver speech to any assembly or to participate in any demonstration organized by any
person or groups for a political or other similar  purpose.
(c) To publish a leaflet, pamphlet or similar documents.
(2) Notwithstanding anything contained in Clause (a) of Sub-section (1), nothing shall be deemed to prevent a person who falls under the jurisdiction of this Act from assisting a religious, social, cultural and
entertainment union, association or organization or participating in a programme of such union, association or organization upon receiving an approval of the Government of Nepal and subject to the provision of this
Act.
20. Training and Induction: (1) A person to be included in the organization of the Nepal Army shall be provided trainings and inductions on topics including military education, ethics, physical exercise, human rights and
international humanitarian law.
(2) The arrangements of trainings and inductions pursuant to Sub- section (1) shall be as prescribed.

21. Promotion, leave and other terms and conditions of services : The appointment, promotion, leave and other terms and conditions of service and facilities of the Nepal Army shall be as prescribed.

Chapter-5 Privileges and Immunities

Chapter-5 Privileges and Immunities
22. Protecting the acts performed during the discharge of duties : If, someone suffers death or loss while a person under the jurisdiction of this Act is committing an act in the course of discharging his/her duties in good
faith, no case shall be filed against such person in any court.
Provided that, any of the offences as referred to in Sections 62 and 66 shall not be deemed to be an offence committed in the course of discharging duties in food faith.
Explanation: For the purposes of this Section, “committing any act,
in the course of discharging duties”, means an act committed during the
performance of duties and it includes any action taken for internal security
or self-defence, including flag march, patrolling and sentry (Chapate) duty.
23. Immunity from arrest: (1) The chairperson or member of Court Martial
or Judge Advocate General Department or a person related to the
proceeding to the Court Martial, legal counsel, attorney (waris) or witness
attending in accordance with the summons issued by the Court Martial,
shall not be arrested on the order of any court or quasi-judicial authority at
the time of entering into or returning from the Court Marital.
(2) If the information of arrest is received pursuant to Sub-section
(1), the Court Martial may request the concerned authority to release such
person immediately.
(3) If, a person under the jurisdiction of this Act engaged in military
proceedings, shall not be detained as per the judgment, decision or order of
any court or Quasi-judicial Authority, for a loan to be paid by him/her.
(4) If an information of arrest, who is not to be arrested pursuant to
Sub-section (1), is received the Court or Quasi-judicial Authority it shall
release such person immediately.
24. Not to Freeze or forfeit : Except the Court Martial, no arms, clothes,
military supplies, animal, vehicle and goods including salary, allowance of
a person under the jurisdiction of this Act, used in the course of discharging
the duties shall be freezed or forfeited, in full or partial, by the decision,
verdict or order of any other Court or Quasi-judicial Authority.
25. Immunity and privilege of the reserve force : A person belonging to
the reserve force shall have all the privileges and facilities as referred to in
Sub-section (3) of Section 23 and 24 while coming into and returning from
training or service when called by the Government of Nepal or serving in
the job.
26. Priority in the cases: (1) If a case has been registered in a any court or
office in which a person serving in the Nepal Army is a party, and he/she is
present to the court or office with the approval of his/her leave by the
concerned authority and if he/she submits an application to the court or
office requesting disposal of case before the end of his/her leave attaching
the leave approval letter and details of a case, the concerned court or office
shall list it in a priority hearing and order to finalize it before the end of
his/her leave.
(2) No fee shall be required for the application to be submitted as
referred to in Sub-section (1).
(3) If the disposal of a case cannot be made before the end of his/her
leave, the court or office shall inform the same.
(4) If a question is raised about a leave approving authority, the
decision of the Division Commander (Pritanapti) or Brigadie Commander
(Bahinipati) or officer of the same rank shall be final.
27. Complaint regarding any sufferings or injustice: (1) If an officer
under the jurisdiction of this Act is caused injustice on any matter by the
commanding officer or any senior officer, he/she may complain against
such grievance to his/her commanding officer.
(2) If a person is not satisfied with the decision made by the
commanding officer or Commander (Pati) to the complaint pursuant to
Sub-section (1), he/she may file an application to the Chief of Army Staff.
(3) A person below the rank of officer may file such a complaint to
the concerned Commander (Pati).
(4) If a complaint as referred to in Sub-section (3) is not heard by the
Commander (Pati), a complaint may be filed to the commanding officer
and if it is also not heard by the commanding officer or one is not satisfied
with such decision, a complaint may be filed to the superior officer than the
commanding officer; and if such complaint received, the commanding
officer shall provide a receipt thereof to the complainant and forward it to
the senior level. If the commanding officer fails to forward such complaint
to the senior level, he/she shall be liable for a disciplinary action.
(5) If a complaint is received pursuant to Sub-sections (1) and (4),
the complaint hearing authority shall examine the complaint and resolve the
problem, and shall forward the complaint to the superior level if so
required.
(6) If a complaint has to be filed against a person who hears a
complaint, it shall be filed to the officer superior to such officer.
(7) The decision made by the Chief of Army Staff on a complaint as
referred to in this Section shall be final.
(8) The procedures for the hearing shall be as prescribed.
(9) The Government of Nepal, if it deems reasonable, may review
the decision made pursuant to this Section.
28. No effect on facilities entitled in accordance with existing laws:
The facilities to be received as referred to in this Chapter shall not be
affected by other facilities received pursuant to the prevailing laws.

Chapter-6 Army Welfare Fund

Chapter-6 Army Welfare Fund
29. Establishment and operation of welfare fund:

(1) A welfare fund may be established for the welfare of incumbent and ex-personnel of the Nepal Army and their families.
(2) The following amounts shall be credited to the Fund as referred to in Sub-section (1):
(a) The amounts deducted in the prescribed percentage  from the fund received for rendering service by the
Nepal Army while deployed in peace keeping missions in any part of the world on the request of the United
Nations Organizations,
(b) The amounts saved from meeting the cost of welfare activities which are conducted from the interest of the
fund deposited in various Banks and financial institutions,
(c) The income amounts received from the investment on welfare activities as prescribed.
(d) The amounts deposited as the principal amount in various banks and financial institution from Aashad
2032 B.S. to the date of commencement of this Act and the interest received from those amounts.
(e) The movable and immovable property of the institutions prescribed by the Army Headquarters and
amounts increased therefrom.
(f) The movable and immovable property being used by the Nepal Army and amounts increased therefrom.
(3) There shall be a Seven member Army Welfare Fund Operation and Management Committee as following, to operate the welfare fund pursuant to Sub-section (1) comprising:-
(a) Chief of Army Staff Chairperson
(b) Two persons nominated by the Patron from amongst the serving and ex- Member
military officers
(c) Two persons nominated by the Chief of Army Staff from amongst the serving and ex-military officers Member
(d) Representative from the Ministry of Finance (gazetted first class officer) Member
(e) Representative from the Ministry of Defence (gazetted first class officer) Member
(4) There shall be a Welfare Planning Directorate in the Army Headquarters to assist the daily functions of the Committee. The functions, duties and powers of the Directorate shall be as prescribed.
(5) The amount as accumulated in the Fund pursuant to Sub-section (2) shall be expended for the welfare of serving and ex-personnel of the Nepal Army and their families.
Explanation: For the purpose of this Section “family” means husband or wife, son, daughter and mother and father; as well as mother-in- law and father-in-law in the case of female employees; whom the retired or
incumbent employee of the Nepal Army is responsible for taking care, 30. Patron of the welfare fund: The Prime Minister shall be the patron and the Minister of Defence shall be the joint patron of the fund.

31. Functions, duties and powers of the Committee : The functions, duties and powers of the Committee shall be as follows:
(a) To formulate, implement, coordinate and monitor on welfare activities, income generating activities as prescribed and welfare planning,
(b) To carry out welfare activities as required to the family of the Army personnel who were killed or seriously injured (Angabhanga) at the time engaging in the military activities,
(c) To reduce, increase or remove facilities and concessions under the welfare acts,
(d) To formulate and implement the procedures and guidelines relating to the welfare activities, income generating activities and welfare planning as required,
(e) To carry out welfare activities on the land and physical infrastructures of the Nepal Army upon entering into the
agreement with the Army Headquarters,
(f) To form administrative, financial and technical unit for welfare activities, income generating activities and welfare planning, to appoint necessary human resource for such unit and prescribe their terms of service and remuneration as per necessity,
(g) To appoint experts for the effective implementation of the welfare activities, income generating activities and welfare planning, and prescribe the terms of service and remuneration,
(h) To depute military personnel as per necessity for the security where welfare activities, income generating activities and welfare planning are launched,
(i) To receive, purchase, rent, use and sell movable and immovable property subject to this Act,
(j) To carry out other functions as prescribed.

32. Account of fund and audit:

(1) An account of daily income and expenditure of the fund shall be maintained in accordance with prevailing
law and the internal audit of the fund shall be made as prescribed by the committee.
(2) The final audit of the fund shall be made by the office of the Auditor General.

33. Submission of annual report: The Committee shall submit a report including income, expenditure and progress details to the patron, and provide a copy of it to the State Affairs Committee of the legislature every
year.
34. Delegation of powers: The Committee may delegate some of its powers conferred on it pursuant to this Chapter to the Welfare Planning Directorate as per necessity.

35. Situations for depriving from facilities and concessions:

(1) In the following circumstances the serving and ex-military personnel and their families may be deprived fully or partially of their entitlement to facilities and concessions relating to programmes conducted under the welfare
activities:
(a) If acts detrimental to the Nepal Army are proved to have been committed,
(b) If acts contrary to the Constitution and this Act is proved to have been committed,
(c) If the misuse of facilities and concessions entitled in pursuant to this Chapter is proved to have been
committed,
(d) If a penalty is imposed on an offence against state.
(2) Notwithstanding anything contained in Sub-section (1), only the serving or ex-military personnel or their family member who has committed an act referred to in 12 Sub-section (1) shall be deprived of the
entitlement of facilities and concessions relating to programmes conducted under the welfare activities.

36. Other arrangements: Other arrangements regarding the use, operation and management of the Army Welfare Fund shall be as prescribed

Chapter-7 Offences

Chapter-7 Offences
37. To be deemed to have committed an offence: If a person under the jurisdiction of this Act commits any of the acts as referred to in Sections 38 to 65, it shall be considered to have committed an offence in accordance
with this Act.

38. Enemy related offences: To commit any of the following acts shall be deemed as an enemy related offence:
(a) To abandon the garrison, fort, post or a place assigned for guard entrusted for securing or to handover (give up) the same cowardly to the enemy or to inspire or compel to any commanding officer or other person to do so,
(b) To give up arms, ammunitions or equipment before the enemy shamelessly, or behave in a way that reflects a cowardly behaviour,
(c) To propagate propaganda with a view to undermining the morale or terrorizing the garrison, camp or platoon during a war or military operation,
(d) To exchange any correspondence or confidential information traitorously with any other person or enemy raising arms against Nepal, or in committing any other such act,
(e) To help, directly or indirectly, the enemy by supplying arms, ammunition, explosives, cash, equipment or any other goods, or
(f) To act to undermine the Nepal Army or any of its force or wing,

(g) To raise a cease-fire flag before the enemy upon acting in a  treacherous or cowardly manner,
(h) To knowingly work together with a detained enemy or provide assistance to an enemy,
(i) To provide shelter or protect any enemy who is not a prisoner of war,
(j) To sleep or consume narcotic or alcoholic substance at the post or on the sentry duty during the time of a war or terror,
(k) To knowingly compel or inspire any person under the jurisdiction of this Act with an intention not to take action against the enemy or to cause any obstruction or to discourage,
(l) To desert without approving the leave from the leaving his commanding officer or to leave post, guard, picket, patrol or part at the time when military an operation is underway without being duly replaced or leave sanctioned.

39. Mutiny : To commit any of the following acts shall be deemed to be mutiny offence:
(a) To be involved in the mutiny,
(b) To stage or make arrangements for staging a mutiny together with a person belonging to the Nepal Army or with any other force assisting it, or instigate others or conspire for the same, (c) Not to attempt to, as far as possible, stop a mutiny when one is present at the place of a mutiny,
(d) To fail to report to the commanding officer or any other superior officer who has the knowledge regarding the intention of the mutiny or where there is appropriate reason to believe that someone is intending or conspiring to stage the mutiny,
(e) To deviate oneself or any other person from patriotism and duty, or to cause to incite or to cause any other person to deviate from patriotism or duty.

40. Enemy-related other offences : The commission of any of the following acts shall be deemed to be an enemy related offence:
(a) To become a prisoner of an enemy failing to remain alert with due care in advance or failing to obey the orders or due to being negligent to the duties; or not to get back even though there were a possibility to get back after being the prisoner of the enemy,
(b) To engage oneself in correspondence or exchange intelligence in any manner with the enemy without an appropriate authority, or not to knowingly report immediately to a commanding officer or other
superior officer the information in relation to such activities, or (c) To raise a cease-fire flag without an appropriate authority.

41. Offences against military operation : To commit any of the following acts shall be deemed to be an offence against military operation:
(a) To forcefully act against a security guard or sentry, or causing them to do so,
(b) To enter into a building (house) or place with the intention of looting,
(c) To sleep or use narcotic or alcoholic substance while on duty at the post as a sentry,
(d) To leave (give up) guard, picket, patrol or post without the permission of a superior officer,
(e) To intentionally or negligently give signals or information to cause terror in the camp, garrison or quarters, or to spread unnecessary discouraging or terrorizing propaganda therein,
(f) To divulge any information about watch words and countersigns to any unauthorized person, or knowingly provide false or different parole or signals to an authorized person.

42. Desertion-related offences:

(1) To commit of any of the following acts shall be deemed to be an offence desertion:
(a) To desert from service after an order of military operation or after the start of such an operation,
(b) To desert from service except for the conditions as referred to in Clause (a),
(c) To knowingly provide shelter to any person under the jurisdiction of this Act who is deserting the service,
(d) To knowingly provide benefit, help or assistance to a deserter,
(e) To fail to immediately inform a superior officer or any higher ranking officer who has knowledge of any
person under the jurisdiction of this Act is deserting or about to desert the service, or not to arrest him/her
even so authorized,
(f) Not to diligently search for and arrest a deserter, (g) Not to take necessary action despite the knowledge of
desertion,
(h) To desert from the barracks, camp, or quarter.

(2) If a person who has been confirmed absent without leave does not report himself/herself or not found, he or she shall be considered to be a deserter.

43. Offence of allowing someone in custody to escape: Releasing an individual in custody without proper authority or without reasonable grounds for release while on guard, picket, patrol, command of post or  during duty; or not taking a prisoner to be taken into custody or not taking one’s turn at duty shall be considered an offence of allowing someone in custody to escape.

44. Offence relating to assault or intimidation : To commit any of the following acts shall be deemed an offence of assault or intimidation:
(a) To threat a superior officer,
(b) To assault or use criminal force against a superior officer,
(c) Not to respect the dignity of a superior officer by speaking in an undermining way or treat him/her in a degrading manner.

45. Defiance related offence: The commission of any of the following acts shall be deemed a defiance related offence:
(a) To knowingly defy a legal order issued through oral (verbal), written, signal or any other manner by an authority or an officer under the jurisdiction of this Act or by a superior officer during the official work;
(b) To show negligence to obey the general, local or any other type of order issued by a superior officer.

46. Offences related to loss or damage to property: To commit any of the
following acts shall be deemed an offence of loss or damage of property:
(a) To cause loss or damage to the property as referred to in Clause (a)
of Section 41 or the property of a military institution or any person
under the jurisdiction of this Act, or any person working for the
Nepal Army or of any other person involved in the Nepal Army,
(b) To set fire or cause loss or damage to government property,
(c) To mistreat, cause injury, kill, take away or loss any animal which is
in his/her custody.

47. Offences relating to forgery or falsifying particulars: To commit any
of the following acts shall be deemed an offence of forgery or falsifying
particulars:
(a) If a person whose duty is to confirm the authenticity of a report,
account, description, certificate or any other document prepared or
signed by an authorized person examines it fraudulently, or certifies
a false content of such document to submit as a true one with an
intention of deceit or becomes accomplice in such an act,
(b) If, in the course of certifying a document as referred to in Clause (a),
someone does not write knowingly the matter to be written to deceit
someone else or becomes an accomplice to such act,
(c) If someone knowingly distorts, conceals, takes away or leaves blank,
with an intention of causing loss or deceit to someone else, any
document for which one has the responsibility to protect or must
submit when required,
(d) If someone knowingly makes any false declaration who has a duty to
keep such an information,
(e) If someone having knowledge about or having reasonable grounds to
believe on the fact that there are false particulars on any statement,
document or record, writes or causes to write false particulars of
one’s own or somebody else on memoranda or statements which
allows for the receipt of pension, allowances, other facilities, or
special provisions.

48. Offence related to obstruction or use of criminal force: To commit
any of the following acts shall be deemed to be an offence of opposition and
obstruction or use of criminal force:
(a) To disobey the order concerning one’s arrest even when given by a
lower ranking officer, in the case of being involved in any quarrel,
riot or disturbance; or to attack such an officer who gave order of
such arrest, or to use criminal force against a high ranking officer,
(b) To use force or attack a person who has been placed in one’s custody
pursuant to the law, irrespective of whether this Act is applicable to
that person or not, or whether that person is a higher ranking officer
or not;

(c) To oppose or obstruct the person or escort whose duty is to arrest or
take one into custody,
(d) To obstruct the Chief of the Military Police, or his/her authorized
representative while engaged in the legal discharge of duties, or not
to extend cooperation, when requested, in the discharge of his/her
duty,
(e) To use criminal force or assault any person who supplies goods or
rations to the Nepal Army.

49. Offence against property: The commission of any of the following acts
shall be deemed an offence relating to property:
(a) To use the public or governmental property, mess or band of Nepal
Army in private interest or use the property of any army or of any
person under the jurisdiction of this Act with mala fide intent or
misappropriating it or stealing or taking them in possession
fraudulently and with male fide intent,
(b) To fraudulently receive or keep such property knowingly or having
reasonable grounds to believe that it is related with the commission
of crime as referred to in Clause (a).
(c) To damage or cause loss to governmental property under one’s own
custody.

50. Offences regarding cheating or coercion: To commit any of the
following acts shall be deemed to be an offence of cheating and coercion:
(a) To commit any act with an intent of cheating, causing undue benefit
or a loss to any other person,
(b) To obtain forcibly or under coercion cash or goods of any other
person or force someone in to labour without authority.

51. Offences of desertion with arms and other things or their misuse:
The commission of any of the following acts shall be deemed an offence of
desertion with arms and other things or their misuse:-
(a) To escape along with arms and ammunition, supplies, equipment,
tools, clothes or any other governmental property obtained by
oneself or put into custody or become an accomplice in such escape;
(b) To lose any property as referred to in Clause (a);
(c) To deface, destroy sell or mortgage any medal or decoration granted
to him/her.

52. Offence against discipline and code of conduct: To commit of any of
the following acts shall be deemed an offence against discipline and code of
conduct:
(a) To consume drugs;
(b) To behave in a hostile or unpredictable manner, demonstrate
reprehensible character or behave in a cruel manner;
(c) To create one’s own physical weakness or disease;
(d) To pretend to be suffering from any disease or weakness, while
being healthy; or to deliberately prolong or increase the severity of
disease or not to allow healing;
(e) To cause injury to oneself or to any other person with an intention of
causing disqualification for the service;
(f) To mistreat by using criminal force by an officer, junior
commanding officer or non-commanding officer to a person under
the jurisdiction of this Act while stating that one is of a lower rank;
(g) Not to complete any act that maintains order or military discipline or
to commit any act against order or military discipline;
(h) To use alcoholic substances;
(i) Not to behave in a manner suitable to the post;
(j) To establish or operate an association or organization in
contravention to Section 19 or in taking part in such activities;
(k) To use any army personnel on any acts other than acts regarding the
discharge of duties in accordance with this Act or Rules framed
hereunder.

53. Offences related to certification of incomplete document: To commit
any of the following acts shall be deemed to be an offence of certification of
incomplete document:
(a) To certify in a blank space to deceive anybody else by a person who
has a duty to prepare or certify a document relating to salary,
weapon, cartridge, goods, equipment, cloths, food items;
miscellaneous goods and stores, or record of government property.
(b) To refuse to prepare or send a report or details or not to prepare or
send with negligence by a person who has a duty to do the same.

54. Offence related to false statements or details: If a person under the
jurisdiction of this Act, after taking oath before the Military Court, records
false statements or details; or if there is no ground to believe that such
statement or detail given or believed to be false are true; shall be considered
an offence related to false statements or details.

55. Offence of taking appointment by means of lying: To commit any of
the following acts shall be deemed to be an offence of taking appointment by
means of lying:
(a) To take appointment in his/her usual Corps (Chamu) or Department
or any other Corps (Chamu) or Department without fulfilling the
conditions needed for one’s recruitment or without being duly
relived of one’s duty from one’s Corps or Department,
(b) To be involved in the act of recruiting any person in any wing of the
Nepal army while knowing that there are circumstances in which the
person is suspected of having committed a crime under this Act or
there are grounds to believe that such circumstance exist,
(c) If it is proved that one has intentionally provided false information
on the application for recruitment,
(d) To submit fake or false certificate for recruitment, promotion,
training or any other purpose of the service.

56. Offence of escaping from custody: Escaping from custody while being
in legal custody shall be deemed committing an offence escaping from
custody.

57. Offences of false allegation: To commit any of the following acts shall be
deemed to be an offences of false allegation:
(a) To make a false allegation knowingly against any person to whom
this Act is applicable or having sufficient reason to believe that the
charge was false; or
(b) To lodge a complaint or give false statement pursuant to Section 27
knowingly or having sufficient reason to believe that the statement is
false, in a manner that could damage the character of a person whom
this Act is applicable or to conceal the actual facts related thereto
which are in his/her knowledge.

58. Offences of absence without leave: To commit any of the following acts shall be deemed to be an offence of absence without leave:
(a) To be absent without approving a leave,
(b) To remain absent beyond the period of leave without sufficient reason,
(c) To fail, without sufficient reason, to join his/her formation, unit or any organ thereof immediately upon receiving a notice from an appropriate authority about the order issued for his/her formation or unit or any organ thereof to take military actions,
(d) To remain absent from the place fixed for his/her duty or physical exercise (Byayam) or from the parade in the given time,
(e) To leaving the parade or march line without the permission of his/her superior authority or without sufficient cause,
(f) To remain present at any fixed place outside or restricted place as prescribed through any orders of general, local or other nature, or at any prohibited place, at a time of being stationed in a camp, garrison
or any other place, without obtaining a pass or a written permission from his/her immediate superior officer,
(g) To remain absent at any school (Training Institute) at a time when an order has been issued to attend school, without obtaining leave from an immediate superior officer or without appropriate reasons thereof.
59. Offences related to court martial: To commit of any of the following acts shall be deemed to be an offence related to Court Martial:
(a) Not to be appeared before the court martial as an witness without any appropriate reasons even a legal summons or order has been issued,
(b) To refuse to take an oath before court martial ,
(c) To refuse to abide by an order to submit or handover any document in one’s custody to the court martial,
(d) To refuse to answer a question asked in accordance with law as an witness,
(e) To show disrespect or commit contempt of the court martial by causing hindrance or obstruction or speaking threatening sentence therein,
(f) To ignore the execution of the decision or order of court martial.

60. Offence of freezing salary illegally: A person, who is responsible for paying salaries, if refuses to pay or freezes illegally the salary of any person to whom this Act is applicable, instead of paying in due time, it shall be deemed to have committed an offence of freezing salary illegally.

61. Offence related to irregular (illegal) arrest or detention: To commit any of the following acts shall be deemed to be an offence related to irregular (illegal) arrest or detention:
(a) To arrest or hold a person in to detention without producing him/her before the concerned officer for investigation or to delay investigation without any reason,
(b) Not to produce a person along with appropriate reasons to keep a person into custody immediately or as soon as possible or within Twenty Four Hours at any cost before the officer who has the authority to keep a person into military custody or of the Judge-advocate General, without any reasonable cause.

62. Special provisions relating to offences of corruption, theft, torture and disappearance:

(1) To commit any acts which are defined as an offence of corruption, theft, torture and disappearance by prevailing law shall be deemed to have been committed the offence of corruption, theft, torture and disappearance.
(2) There shall be a committee comprising of the following persons to conduct an investigation and inquiry into the offences provided in Sub- section (1):
(a) Deputy Attorney General as designated by the Government of Nepal Chairperson
(b) Chief of legal section of the Ministry of Defence Member
(c) Representative of Judge Advocate General Department not below the rank
of Major (Senani) Member.
(3) The representative referred to in Clause (c) of Sub-section (2) shall be a person who is not concerned with to the Court Martial of the concerned case.
(4) The original jurisdiction to hear and dispose of the case as referred to in Sub-section (1) shall be on the Special Court Martial formed pursuant to Sub-section (1) of Section 119.
(5) The committee formed pursuant to Sub-section (2) shall have the  power equivalent to the power conferred on by prevailing laws to an investigating and inquiry officer in respect to those cases.

63. Miscellaneous Offences: (1) To commit any of the following acts shall be deemed miscellaneous offences:
(a) To misbehave, beat or trouble by any other means by a person in command of any post or march to a person in
his/her command; or commit hooliganism in a public place; or trespass; or not submit a petition made for
compensation before the concerned authority for having caused damage by trespassing; or not to cause
to provide compensation,
(b) to disturb the sacredness of a religious place or knowingly disrespect the religion of any other person
by any other means or to cause disrespect to religious sentiments,
(c) To carry arms or ammunitions by a soldier below the rank of junior commissioned officer (Jamdar),
weapons or explosives when not on duty, without the order of the concerned authority around the camp or
cantonment or when going to the city or market or return therefrom;
(d) To receive or accept to receive, bribe or any other benefit for causing recruitment or promotion to any
person, directly or indirectly, into the Nepal Army or in approving leave or for giving the impression of any
other benefit,
(e) To cause any loss or damage to the body or property of any citizen or inhabitant of the country where he/she is
serving.
(2) Except otherwise provided in Sub-section (1), to commit any prohibited act other than the offence those referred to in this Chapter by a non-commissioned officer or any lower ranking soldier during military operations, it shall be considered a miscellaneous offence.

64. Attempt: To attempt to commit an offence as referred to in this Chapter or
any act for such purpose shall be deemed an attempt to commit such an
offence.

65. Inducement: To induce to commit any offence as referred to in this Chapter shall be deemed an inducement to commit such an offence.

66. Offences under other Laws :

(1) In a case a person under the jurisdiction of this Act commits any offence as referred to in Sections 38 to 65 and
except in a that condition such an offence is committed by any military personnel against any other military personnel, if the person under the purview of this Act commits any of the following offences such a lawsuit
shall fall under the jurisdiction of other courts:
(a) Homicide,
(b) Rape.
(2) If the agency or investigating officer conducting an investigation and inquiry issues an order to handover the accused (alleged person) involved in the offence as referred to in Sub-section (1), the commanding
officer or Commander (Pati) or concerned officer shall hand him/her to the agency or officer issuing such order. The retirement or desertion of a person shall not bar to conduct an investigation and take action in accordance with
law.
(3) The person who comes under the jurisdiction of this Act is being investigated fallings under the jurisdiction of other court shall ipso facto be suspended during the period of his/her custody and until the final decision
if a case so lodged.
(4) Even if an investigation into an offence under the jurisdiction of other courts is started in respect to a person under the jurisdiction of this Act, nothing in this Section shall be a bar to form a court of inquiry and
conduct an investigation and take necessary action on the offence that falls under this Act

Chapter-8 Formation and Jurisdiction of Court Martial

Chapter-8 Formation and Jurisdiction of Court Martial
67. Formation of Court Martial :

(1) For the purpose of the trial and disposal of a case related to the offence as referred to in Chapter-7, the
court martial shall be formed as following:
(a) The General Court Martial consisting Five officers as One General (Rathibrinda), Two Colonel Mahasenani)
or Lieutenant Colonel (Pramukh Senani) and Two Majors (Senani).
(b) The Summary General Court Martial comprised of Three officers including at least Two officers of the
rank of Major (Senani).
(c) The District Court Martial comprised of Three officers as officers completed Three years of the term of
Commissioner.
(d) The Summary Court Martial comprised of One officer who commands the Department, Formation or Unit of
the Nepal Army.
(2) There shall be at least One officer who is a law graduate to the extent available, in the Court Martial as referred to Clause (a) and (b).
(3) For the purpose of assisting the proceeding of the Summary Court Martial, there shall be Two Officers or Two Junior Commissioned Officers (Padik) or One from each rank.
(4) The Court Martial shall not proceed with or hear the case if the Court Martial, lacks the number of persons therein as referred to in Sub- section (1).

68. Jurisdiction of Court Martial: The jurisdiction of the Court Martial shall, except on the cases as referred to in Sections 62 and 66, be as following:
(a) The power of trial, hearing and adjudicating and imposing penalty upon disposal of a case of an offence committed by a person under the jurisdiction of this Act shall be with the General Court Martial
and Summary General Court Martial.
(b) The power of trial, hearing, adjudication and imposing penalty upon disposal of a case of an offence, in which maximum Two years’ imprisonment may be imposed, committed by a person under the
jurisdiction of this Act except a person of the rank of officer or Junior Commissioned Officer shall be with the District Court Martial.
(c) Subject to the provisions mentioned in the following Sub-clauses, the power of trial, hearing, adjudication and imposing penalty upon disposal of a case of an offence, committed by the person under the
jurisdiction of this Act except a person of the rank of officer or Junior Commissioned Officer shall be with the Summary Court Martial.
(i) A case for which One year imprisonment may be imposed, if the Court Martial is convened by the officer of the rank of Lieutenant Colonel (Pramukh Senani) or senior to him/her,
(ii) A case in which Six months imprisonment may be imposed, if
the Court Martial is convened by an officer of the rank below
Lieutenant Colonel (Pramukh Senani).
69. Decision to proceed a case in Court Martial or other court: (1) If
there is a dispute regarding the filing of a case under the jurisdiction of this
Act whether with the Court Martial or other Courts, it shall be filed with
other courts.
(2) If a case is to be filed to another court, the accused shall be
suspended from service and handed over to court where the case has been
registered.
70. Save from double jeopardy: Any person under the jurisdiction of this
Act, after being subjected to trial, hearing and adjudication of an offence as
referred in from Section 38 to Section 65 of this Act by the Court Martial or
other court, or after being subjected to departmental action, shall not be
subjected an action again for the same offence.
71. Limitation to file a case: (1) Except those offences as referred to in
Sections 39, 42, 46, 49, 55, 56, and 62, no case shall be filed before the
Court Martial for an offence after than Three years from the date of cause
of action.
(2) When calculating the time period for the purpose of Sub-section
(1), the period of being held as a prisoner of war or of having been within
the territory of the enemy or of having absconded without arrest after
committing an offence shall not be included.
72. Liable to prosecution : (1) A person who commits an offence while
he/she was under the jurisdiction of this Act, he/she may be held in a
military custody and subjected to trial even such person is does not fail
under the jurisdiction of this Act.
(2) Notwithstanding anything contained in Sub-section (1), except as
provided in the offence as referred to in Sections 39, 42, or 55, no case may
be initiated after the expiry of Six months when his/her applicability of this
Act ceases.
(3) After the imposition of imprisonment by a Court Martial on a
person to whom this Act is applicable, even if such person is removed or
dismissed from the service of the Nepal Army or the applicability of this
Act ceases in respect to him/her in any way, this Act shall remain
applicable to such person until the completion of the penalty imposed on
him/her and such penalty may be implemented.
73. Authority to convene Court Martial: (1) The following officers shall
have authority to convene a Court Martial:
(a) Unless otherwise directed (ordered) by the
Government of Nepal, the Chief of Army Staff or an
officer authorized by him shall convene the General
Court Martial,
(b) Unless otherwise directed (ordered) by the
Government of Nepal, the following officers shall
convene the Summary General Court Marital:
(i) The officer who is authorized by the Chief of
Army Staff,
(ii) The officer who is engaged in a military
operation or a person authorized by him,
(iii) The officer who commands any unit engaged in
a military operation who decides that is not
practical to try a case by the General Court
Martial taking into consideration Army
disciplines and necessity.
(c) The officer who is authorized to convene the General
Court Marital in accordance with Clause (a) or an
officer authorized by him shall convene the District
Court Marital,
(d) The commanding officer of a Department, Formation
or Unit of Nepal Army shall convene the Summary
Court Marital.
(2) The Court Martial Convening Officer shall convene the Court
Martial within Thirty days of the date of the cause of convening.
(3) While authorizing as referred to in Clause (a) and (b) of Sub-
section (1), the authority may lay down conditions as required.

Chapter-9 Investigation, Inquiry and Registration of a case

Chapter-9 Investigation, Inquiry and Registration of a case
74. To hold in military custody:

(1) If a person, who comes under the jurisdiction of this Act is an accused of an offence as referred to in Chapter-
7, he or she may be held in military custody.
(2) An accused of an offence may be ordered to be held in military custody by any officer whose rank is senior to him or her.
(3) Notwithstanding anything contained in Sub-section (2), a person who is engaged in a quarrel, rioting or causing disturbances may be ordered to hold in military custody by a junior officer even the accused is in a
senior rank.
(4) If a person is alleged to have committed an offence outside the jurisdiction of this Act and is subjected to the jurisdiction of other court, and it is necessary to be held him or her in custody to a proceedings for the
period of investigation to prosecution, he/she shall be suspended from service and may be held in military custody or police custody as per the order of the court. If his/her presence in court is necessary, he or she shall
be produced by the relevant military officer.
Provided that, he or she shall not be held in military custody after the filing of a case.
(5) One shall be produced before the Court Martial if he or she is to be prosecuted in a Court Martial and to other court if he or she is to be prosecuted in the other court.

75. Responsibility of the commanding officer during custody:

(1) If the commanding officer receives a report that a person under his/her command has been held in custody, he/she shall make arrangements not to hold him/her in custody exceeding the period of Twenty Four hours without an investigation except the time to be taken for journey.
(2) Notwithstanding anything contained in Sub-section (1), if there is a situation that the same (Twenty Four hours provision) is not possible due to lack of public transportation services, he/she may be held in custody for
a reasonable period.
(3) The commanding officer shall forward all the details of the person who is being held in custody exceeding Twenty Four hours, and reports with reasons, to the Chief of Army Staff or the Judge Advocate General (Prad Viwak).
(4) If it is necessary to hold a person who is not engaged in a military operation for more than Eight days due to the failure to issue an order to convene the Court Martial for the proceeding of his/her case, the commanding officer shall submit reports along with reasons for such delays  to the officer prescribed by Sub-section (3) every Eight days until the formation of a Court Martial or the release of the accused.
(5) For the purpose of this Section, the calculation of Twenty Four hours shall not include the period of public holidays.

76. Request to arrest:

(1) If it is necessary for the commanding officer to arrest a person alleged to have committed an offence he/she may request the Chief District Officer of the district where the alleged person resides, and if the Chief District Officer receives such a request, he/she shall arrest (cause to) the alleged person and hand him/her over to the concerned
officer.
(2) The commanding officer of the Formation, Unit, Sub-unit to which a deserted person belongs may request the Chief District Officer to arrest him/her, mentioning his/her personal details, and if the concerned
officer receives such request, he/she shall arrest such deserting person and hand him/her over to the concerned officer.
(3) Notwithstanding anything contained in Sub-section (1) or (2), if a police officer has reasonable cause to believe that a person has absconded or deserted his/her job upon committing an offence, he/she may arrest such
person without an arrest warrant and shall forward him/her to the Chief District Officer for necessary action.
77. Inquiry as to absence without leave: If a person to whom this Act is applicable remains absent for more than Thirty days without permission, a court of inquiry shall be formed as soon as possible. The officer of court of
inquiry, while conducting an inquiry after taking an oath, shall conduct enquiries whether or not the person is absent without approval of leave or without reasonable cause of leave, and shall also inquire whether property,
arms, ammunition, equipment, instruments, clothes or other items under his/her custody is entact or not, and make a decision accordingly. The commanding officer shall record the content of such decision to the record
book of the Court Marital of the relevant Division or Corps.

78. Chief of Military Police:

(1) Unless otherwise instructed (ordered) by the Government of Nepal, the Chief of Army Staff or any officer designated by him or her may appoint a Chief of Military Police.
(2) It shall be the main duty of the Chief of Military Police to take under his/her custody persons held in detention in consideration of any offence committed by them, maintain order and discipline in the Army and
prevent violation of order or discipline by persons who are joining to or serving in the Nepal Army.
(3) The Chief of Military Police may arrest a person who has committed an offence or is accused (suspect) of committing an offence, at any time for appearing before the trial, and he/she shall execute the penalty
imposed by a Court Marital or any officer exercising the powers to order for departmental action

Chapter-10 Procedures of Court Martial

Chapter-10 Procedures of Court Martial
79. Duty station and bench of Court Martial:

(1) The Court Martial may establish a duty station at any place inside or outside of Nepal during the
proceeding of the case.
(2) Except in situations to protect national security, public order and rights of victims, the Court Martial shall normally sit in open session.

80. Chairperson of Court Martial:

(1) The senior officer amongst the officers of a Court Martial shall chair the Court Martial.
(2) If the senior officer who chairs the Court Martial is absent, the second in seniority shall, subject to the provisions of Section 67, chair the Court Martial.

81. Presence of Judge Advocate General (Prad Viwak):

(1) The Judge Advocate General (Prad Viwak) or the Prad (Law) Officer assigned or designated by him/her shall be present in every General Court Martial, Summary General Court Martial and District Court Martial as the Prad
Viwak.
(2) If a person who is accused of an offence submits a request for his/her defence to designate a Prad Officer of his/her choice in a Court Martial to the Defence Section of the Prad Viwak, the Prad Viwak shall
assign a Prad Officer accordingly. The Prad Officer shall defend him/her in the Court Martial if he/she is so assigned

.
82. Objection may be raised:

(1) After the submission of case to a Court Martial for trial, the name of the chairperson and members of the Court
Martial shall be read to the accused, and he/she shall be asked whether he/she has any objection regarding the Chairperson or any other member or not.
(2) If the accused raises any objection regarding the Chairperson or any other member, the court shall keep records of the reasons thereof and the reply made by the Chairperson and such other member. The
Chairperson or members not so objected shall discuss on such objection and shall make a decision in the absence of the Chairperson and member so objected.

(3) If at least Fifty percent of members agree with the objection, the seat of the Chairperson and member so objected shall be vacated. The vacant seat shall be filled by nominating another officer, and the procedures
of objection as referred to in Sub-section (1) shall also apply to such a new Chairperson or member.
(4) After completion of procedures of objection as referred to in Sub-section (1) and (2), the Court Martial shall begin with the trial of a case.

83. Oath: Before the beginning of a trial, the Chairperson, members and the Prad Viwak shall take oath in the manner as prescribed.

84. Procedures for decision making:

(1) The Court Martial shall make decisions on the basis of a majority vote. In the case of a tie, the decision
shall go in favour of the accused.
Provided that, the following matters shall be decided as follows:
(a) To render a penalty of life sentence along with confiscation of entire property by the General Court
Martial it shall require at least a Two Thirds majority vote.
(b) To render a penalty of life sentence along with confiscation of entire property by the Summary
General Court Martial it shall require unanimous vote.
(2) Notwithstanding anything contained in Sub-section (1), the opinion supported by the Chairperson shall prevail on the procedural matters other than the imposition of penalty and rendering of the judgment.
(3) In the course determining the penalty (sentencing) by the Court Martial, the Prad Viwak present before the Court Martial or his/her  representative may give a separate opinion.
(4) In the course of investigation and hearing of a case which falls under the jurisdiction of a Court Martial, the rights regarding criminal justice shall be protected and sufficient opportunity to produce evidence in
defence shall also be granted.

85. Taking judicial notice: The Court Martial may take judicial notice that the military matters are within the general knowledge of the Chairperson and members.

86. Summoning: (1) The officer convening the Court Martial or the Chairperson of the Court Martial or the Prad Viwak or the commanding officer of the accused may issue a summons to the concerned persons to
produce any document or any other item, and to attend at the place and in the time as prescribed for recording the statement as a witness.
(2) If it is necessary to cause to produce any particular document or any item that is in the possession of a witness, such a matter shall be mentioned in the summons per se.
(3) If a witness is a person under the jurisdiction of this Act, the summons shall be dispatched to the commanding officer and such officer shall cause to serve the summons to the concerned person.
(4) If it is known that a witness is under the jurisdiction of Chief District Officer, the summons to such witness shall be dispatched to the Chief District officer and he/she shall cause to serve the summons to the
witness.
(5) Every person who has to record his/her statement in the Court Martial shall take an oath, as prescribed, before recording his/her statement.

87. Sealed questionnaire (Banda Sawal): (1) If the Court Martial believes that the summoning of a particular witness may cause delays, does not seen cost effective, or causes difficulties unnecessarily, it may issue an order to
the Prad Viwak allowing him/her to ask sealed questions (Banda Sawal).
(2) After receiving an order as referred to in Sub-section (1) the Prad Viwak may request to the Chief District Officer to serve the sealed questions to the witness within his/her jurisdiction, and upon receiving such
request, the Chief District Officer shall cause to serve the sealed questions in accordance with the prevailing law.
(3) The Court Martial shall include questions which an accused or his/her legal counsel intends to raise and which are relevant to the case in the sealed questionnaire.
(4) The legal counsel or attorney (Wares) and the accused him/herself, if he/she is not into the custody may cross-examine a witness being present before the Chief District Officer.
(5) After completion of recording of the statement in accordance with sealed questionnaire, the sealed questionnaire shall be forwarded to the Prad Viwak.
(6) The Prad Viwak shall submit the sealed questionnaire received as referred to in Sub-section (5) to the concerned Court Martial. In a case of the dissolution of the Court Martial, it shall be forwarded to the other court
which is hearing such case. The Court Martial or other court shall include the sealed questionnaire so received into the file, and the accused or legal practitioner shall be allowed to see the questionnaire.
(7) The Court Martial may postpone the trial of the case until the period needed for dispatching the sealed questionnaire and obtaining the response.

88. Presumption of signature: The signature signed in the course of the proceeding of a case or on any application, certificate, arrest warrant, response or any document by an officer of any rank of the Government of Nepal, shall be presumed to have been signed by him/herself, unless it is otherwise proved.

89. Documents admissible as an evidence: The information contained in the following documents shall be admissible as an evidence in a case adjudicated by the Court Martial:
(a) The information contained in the Sheet Role form by the concerned  person in the course of appointment,
(b) Original copy of the Sheet Role form or its certified (attested) photocopy indicating “copy is same as original” and signed by the officer responsible for it,
(c) Any letter, response or details of any document signed by the Chief of Army staff or an officer prescribed by him regarding the service, removal or termination of service from the Nepal Army,
(d) Status and rank of Padik or any other Darjani Chhina registered in the Register of Nepal Army or Army order or published in Nepal Gazette and Army order registered in the Register regarding
someone’s appointment or mater published in the Nepal Gazette,

(e) Information contained in the regimental book signed by the commanding officer or an officer responsible for keeping records,
(f) Information contained in a copy which is attested as “copy is same as original” and signed by the officer responsible for regimental book,
(g) In case a person to whom this Act is applicable and who is under trial on an offence as referred to in Section 42 and 58, and has surrendered him/herself before any officer or any person to whom
this Act is applicable or any camp (organ) of the Nepal Army, or in case such person has been arrested by any officer or any person to whom this Act is applicable; a certificate signed by such officer,
such person or the commanding officer of such camp indicating the place and date of surrender or arrest and his/her dress-up,
(h) In case a person to whom this Act is applicable and who is under trial on the offence as referred to in Section 42 or 58 has surrendered him/herself during his/her trial before any police officer, in-charge
of a police office or in case such person has been arrested by such police officer, information contained in a letter certified and signed by such police officer indicating the place and date of surrender or
arrest and his/her dress-up,
(i) Information contained in the report received from a forensic scientist or forensic laboratory prepared upon request for examination or investigation.

90. Requesting information from governmental authorities: (1) If an accused charged with an offence as referred to in Sections 42 and 58 requests to inquire with an officer of the Government of Nepal regarding
the offence or the Court Martial itself finds it appropriate to inquire with such an officer, the Court Martial may request to the officer for such information and adjourn (keep in pending) the case till the response is
received.
(2) The information recorded as referred to in Sub-section (1) shall be recognized as good as the statement recorded before the Court Martial. (3) In case the Court Martial is dissolved before receiving the
information as referred to in Sub-section (2) or the Court Martial fails to observe the procedures in accordance with this Section, the officer convening the Court Martial may cancel the trial and issue an order to carry
out a re-trial.

91. Previous penalty and character as an evidence:

(1) In the course of making a decision regarding a person charged with an offence as referred to
in Chapter-6, the Court Martial may collect information on whether such person was previously convicted or not, or whether he/she was subjected to any departmental action or not, and may admit it in the decision as an
evidence. For this purpose the Court Martial may take into note of his/her character and previous activities.
(2) A copy may be made of the oral statement recorded pursuant to Sub-section (1) or the information contained in a regimental book or any governmental book, and it shall not be necessary to give prior notice to the
accused that the previous conviction or character of accused or his/her previous activities shall be admitted as an evidence.
(3) The Summary Court Martial, if deems reasonable, may keep records of information, without attestation, of the decision if any decision has been made in regards to such person, his character or previous
activities.

92. Provisions of Evidence Act, 2031 (1974) to be applicable: The Court Martial, while examining evidence in the course of the trial of an offence pursuant to this Act, shall apply the procedures provided by this Act, and in
other matters the procedures provided by the Evidence Act, 2031 (1974) shall be applicable.

93. Defence of mentally abnormal accused:

(1) If it is found that a person is unable to defend him/herself due to mental insanity during trial by the
Court Martial or he/she committed the alleged act under the circumstances during which he/she was unable to understand the nature of the act and that such act was unreasonable and illegal, the Court Martial shall prepare a
memorandum in this regard.
(2) The Chairperson of the Court Martial or investigating officer of the Summary Court Martial shall submit immediately the memorandum prepared pursuant to Sub-section (1) before the approving authority or an
official as referred to in Sub-section (3) of Section 115.
(3) In case the approving authority does not approve the verdict of the memorandum received pursuant to Sub-section (2), necessary action may be taken to try the case in the same or another Court Martial.
(4) If the approving authority approves the details of the memorandum submitted by the Summary Court Martial pursuant to Sub- section (2), the approving authority shall issue an order to hold the accused
in the custody and shall submit it to the Government of Nepal, Ministry of Defence, for approval.
(5) After receiving the report pursuant to Sub-section (4), the Government of Nepal, Ministry of Defence shall issue an order to hold such person in a mental hospital or in custody in any appropriate safe place.

94. Trial of a mentally abnormal accused: (1) The Chief of the Army, Army Corps, Divisional Headquarters, or the Brigade or any officer on his/her behalf may issue an order to proceed with a case in the same or any
other Court Martial on the ground of the report of a doctor stating that the person detained pursuant to Section 92 is able to defend him/herself; or on the ground of a certificate issued by the chief of a mental hospital or prison
stating that the such person is able to defend him/herself in a case where the person has been detained in mental hospital or prison. If the charge has been made for an offence under any other prevailing laws except the
offence pursuant to this Act, an order may be issued to cause to try the case  in other court.
(2) The order issued pursuant to Sub-section (1) shall be forwarded to the Ministry of Defence for its information.

95. A mentally abnormal accused may be released: The Ministry of
Defence may release a person who has been held in detention pursuant to
Section 93 or held in custody or sent to a mental hospital in case if he/she
was not already held in a mental hospital based on the report of the Doctor
in respect to a person who was held in detention, or if the chief of the
mental hospital or prison recommends his release or a certificate stating
that the person might not be harmful to him/herself or anyone else after
release.

96. A mentally abnormal accused may be handed over to the successor or guardian: If a successor or guardian of a person held in custody pursuant to Section 93 lodges an application requesting that if he/she be handed over to them for his/her caretaking or responsibility, and if the Ministry of Defence is satisfied that the such a person shall be taken care of, and that he/she will not harm him/herself or others and shall be produced to the prescribed officer on the prescribed date and at the prescribed time, the Ministry of Defence shall hand him/her over to his/her
successor or guardian.

97. Auction and management of materials relevant to an offence: (1) The Court Martial shall protect the materials relevant to an offence which is produced to it in the course of a trial of the case.
(2) In case a materials kept for protection pursuant to Sub-section (1) may be decayed or damaged, the Court Martial may issue an order to auction such materials and to deposit such an amount in the governmental
account (state treasury).
(3) After completion of the proceeding by a Court Martial, the authority having power to approve a verdict and penalty of such Court Martial or an officer senior to such officer or if a decision of a Court
Martial does not need approval for imposing penalty, the Chief of the Army, Corps (Chamu), Divisional Headquarters (Pritana) or Brigade (Bahini) may issue an appropriate order to confiscate, destroy or to return
such materials to the person who claims it as a successor or to sell any goods, or documents related to an offence that are received in the court in the course of the trial in a case.
(4) The official issuing an order pursuant to Sub-section (1) shall send a copy of such order to the Chief District Officer of the area where the materials are being located if the case was not tried with in the territory of
Nepal, and the Chief District Officer shall also cause to perform the acts in accordance with the order.
Explanation: For the purpose of this Section the term “materials” shall include not only the materials held in primary possession or ownership but also materials which have changed their form immediately
or after some time and goods obtained through exchange or income made from the sale.

98. Recognitions of the actions of Court Martial: The proceeding conducted by a Court Martial pursuant to this Act shall be recognized as the proceeding of a court.

99. Postponement and dissolution of Court Martial:

(1) A Court Martial shall be postponed in the following circumstances:
(a) If, after the beginning of trial, the number of Chairperson and members determined pursuant to
Section 67 decreases,
(b) If, during the trial, it is impossible to continue the trial because the representative of the Prad Viwak or the
accused fall sick.
(2) The authority convening the Court Martial may dissolve the Court Martial if it is deemed impossible or unreasonable to continue the Court Martial in view of military necessity or discipline.
(3) If the Court Martial which was postponed pursuant to Sub- section (1) returns to the original position it may be continued.
(4) The Court Martial dissolved for the reasons as referred to in Sub- section (2) may be reconvened and the trial may be continued.
(5) After the completion of all the activities related to decision, the Court Martial shall ipso facto be dissolved.

100. Forwarding files:

(1) After completion of the trial, proceeding and hearing of the case by a Court Martial except the Summary Court Martial, the file with the decision shall be forwarded to the Judge Advocate General Department (Prad Viwak) and the Judge Advocate General Department (Prad Viwak) shall examine the file as required and shall forward it to the
authority as referred to in Section 108, 109 and 110 for the approval of the decision or opinion.
(2) After completion of the trial, proceeding and hearing, the file along with the decision shall be forwarded to the Judge Advocate General Department (Prad Viwak), and the Judge Advocate General Department (Prad Viwak) shall make examinations.
(3) In a case of a departmental action pursuant to Section 105, the  penalty ordering authority shall forward the attested copy of the file to the authority as referred to in Section 118.

Chapter-11 Penalties

Chapter-11 Penalties
101. Penalties which may be imposed by Court Martial:

(1) The Court Martial may impose the following Penalties:
(a) Life imprisonment along with confiscation of entire property,
(b) Confiscation of his or her entire share of ancestral property,
(c) Imprisonment of upto Fourteen years,
(d) Removing from service without prejudicing eligibility for any governmental service in the future, or
dismissing with ineligibility for any governmental service in the future,
(e) Demotion to a lower rank,
(f) Freezing of promotion for Five years,
(g) Deduction of salary and allowances for Three months in case the offence has been committed in the course
of military action,
(h) Freezing of salary and allowances until the recovery of compensation,
(i) Freezing of salary increments for a period not  exceeding Two years,
(j) Warning (Nasihat).
(2) The following penalties shall be imposed for the following offences:
(a) Life imprisonment along with confiscation of entire property for the commission of offences as referred to
in Section 38, 39 or Clause (a) of Sub-section (1) of Section 42.
(b) A maximum Fourteen years of imprisonment shall be imposed for the commission of the following offences:
(1) Offences provided in Section 40,
(2) Offences provided in Section 41 and Clause (a) of Section 45 during a military operations,
(3) Offences provided in Section 43 or 46 if committed intentionally,
(4) Offences provided in Clause (a) or (b) of Section 44 committed against a person while
discharging his/her duties during a military operation,
(5) Offences provided in Section 47.
(c) A maximum Ten years of imprisonment shall be imposed for the commission of the following offences:
(1) Offences provided in Clauses (a) or (b) of Section 44 committed against a person not
during the military operation,
(2) Offences provided in Section 48, 49 or 50, (3) Offences provided in Clause (a) of Section 51
or Clause (a) of Section 52.
(d) The penalty of confiscation of entire property or maximum of Seven years of imprisonment shall be
imposed for the commission of offences provided in Clause (b) of Sub-section (1) of Section 42.
(e) A maximum of Seven years of imprisonment shall be imposed for the commission of the following offences:
(1) Offences provided in Section 41 committed not during military operation,
(2) Offences provided in Section 46 that are committed unintentionally,
(3) Offences provided in Clauses (b), (c), (d), (e), (f) or (g) of Section 52,
(4) Offences provided in Section 43, 54 or 63.
(f) A maximum of Five years of imprisonment shall be imposed for the commission of the following offences:
(1) Offences provided in Clause (c) of Section 44, (2) Offences provided in Clause (a) of Section 45
committed not during the period of a military operation,
(3) Offences provided in Clauses (b) or (c) of Section 51 or Sections 45, 56 or 57.
(g) A maximum Three years of imprisonment shall be imposed for the commission of offences provided in
Clauses (c) or (d) of Sub-section (1) of Section 42 or Sections 58, 59 or 60.
(h) A maximum of Two years of imprisonment shall be imposed for the commission of the following offences:
(1) Offences provided in Clauses (e), (f), (g) or (h)
of Sub-section (1) of Section 42,
(2) Offences provided in Clause (b) of Section 45,
(3) Offences provided in Clause (h) of Section 52 committed by personnel below the rank of
officer while discharging duties during a military operation,
(4) Offences provided in Section 43 that are committed unintentionally,
(5) Offences provided in Section 61.
(i) A maximum of Six months imprisonment shall be imposed if a personnel below the rank of officer
commits offences provided in Clause (h) of Section 52 except in the period of military operation or while on
duty.
(j) A person who commits offences provided in Clauses (i) and (j) of Section 52 shall be removed from the
service.
(k) A person who commits offences provided in Clause (k) of Section 62 shall be barred from Two salary
increments or promotion for Two years.
(l) A person who attempts to commit such offences as referred to in Chapter-7 or induces another person to
commit such offences shall, unless there is specific provision in this Act, be imposed the following
penalties:
(1) A maximum of Fourteen years of imprisonment for attempting to commit an offence for which a
penalty of life imprisonment along with confiscation of entire property may be imposed,
and half of the maximum (range) imprisonment for other offences which have been attempted,
(2) Equal penalty for inducement (incitement) to commit an offence as imposed for committing
an offence,
(3) A maximum of Fourteen years of imprisonment for inducement to commit an offence which has
not been committed (completed), and half of the maximum (range) punishment for inducement
to commit any other offence which had not actually been committed (completed).
(3) If a person who committed an offence provided in Clause (b) of Sub-section (1) of Section 42 has absconded and is not found (traced) does not produce him/herself within Thirty Five days, his/her partition
share to ancestral property shall be frozen from being transacted. If such person does not appear him/herself or could be found through making a search within Three years, his/her partition share to ancestral property shall
be confiscated and auctioned, and the money therefrom shall be deposited to the Government Treasury.
(4) After confiscation of partition share to ancestral property, if the  offender is found, he/she may be imposed life imprisonment along with confiscation of the entire property.
(5) A person who is dismissed from service and disqualified for any governmental job in future pursuant to Clause (j) of Sub-section (2), shall not be paid his/her remaining salary or allowances and pension which
he/she is entitled and other facilities except the money accumulated in his/her provident fund.
102. Addition or reduction of penalty: (1) If a Court Martial convicts an accused of an offence as referred to in Chapter-7, the Court Martial, depending on the degree of penalty or offence mentioned in Sub-section (2)
of Section 101, may sentence a lesser penalty amongst the penalties mentioned in Sub-section (1).
(2) If a Court Martial imposes a penalty of removing from service without prejudicing eligibility for any governmental service in the future, or dismisses with ineligibility for any governmental service in the future
pursuant to Clause (d) of Sub-section (1) of Section 102, the Court Martial may impose one or more additional penalty as referred to in Clauses (e), (f), (g), (h), (i) or (k) of the same Sub-section.
(3) Before imposing a penalty as referred to in Clauses (a), (b) or (c) of Sub-section (1) of Section 101 to a person of an officer rank, he or she shall be imposed the penalty as referred to in Clause (d) of the same
Section.
103. A person accused of an offence may be convicted of other offences: (1) A person who has been accused of the following offences may be convicted and punished for the following offence by a Court Martial:
(a) A person accused of deserting may be convicted for attempted desertion or absence,
(b) A person accused of attempted desertion may be convicted for absence,
(c) A person accused of using criminal force may be convicted for the offence of attacking,
(d) A person accused of using threats may be convicted for the offence of using disrespectful language,
(e) A person who is accused of an offence provided in Clause (a) or (b) of Section 49 may be convicted for
the offence provided in Clause (c) of the same Section.
(2) If a person is an accused of serious offence which cannot be proved, a Court Martial may convict him/her for a lesser degree offence and punish him/her accordingly.
(3) If a person is accused of an offence provided by this Act, he/she may be convicted and punished for attempting or inducing to commit the same offence even if he/she has not been accused of attempting or inducing
to commit such offence.
104. Battlefield penalty: (1) If a person commits an offence provided in Sub- section (2) of Section 63, he or she may be imposed a penalty of detention or fatigue except causing any harm to the body.
(2) If a Sergeant (Hudda), Corporal (Amaldar) or Lance Corporal (Pyuth) is imposed a battlefield penalty, he or she shall be deemed to have been demoted to Sipahi.

105. Departmental action:

(1) Notwithstanding anything contained in Chapter-8 and this Act, if the person of the following rank who falls under
the jurisdiction of this Act commits an offence under this Act, one may, without convening a Court Martial, be subjected, taking into consideration the gravity of the offence, to the following departmental action by the
following officer:
(a) The commanding officer or the commander of the similar rank or other officer assigned by the Chief of
Army Staff upon approval from the Government of Nepal may order one or more than one departmental
actions mentioned below against a person who is other than the rank of Officer or Junior Commissioned
Officer:
(1) To hold in military custody upto Thirty days,

(2) To detain upto Thirty days,
(3) To detain in a line upto Thirty days,
(4) To place in additional guard duty or duties,
(5) To remove the duties being performed by
him/her or removing from the acting posts in
which he/she is serving,
(6) Freezing or reduction in the salary or allowances which were awarded for good
service, conduct or qualifications, (7) Subjecting to warning,
(8) Subjecting to fine upto an equivalent of Fourteen days payment in a month,
(9) Freezing of salary or allowances upto the recovery of a loss (compensation),
(10) Subjecting to Thirty days’ battlefield penalty during a military operation,
(11) Subjecting to battlefield penalties.
(b) The Chief of Division (Pritanapti) or the Brigadier (Bahinipati) or any other Pati of the same rank or any
other officer assigned by the Chief of Army Staff upon approval from the Government of Nepal may order
one or more than one departmental actions mentioned hereunder against an officer who is below the rank of
Senani or Junior Commissioned Officer (Padik):
(1) Subjecting to ultimatum (Nasihat),
(2) Subjecting to warning (Chetawani),
(3) Freezing of salary upto the recovery of loses,
(4) Freezing of promotion upto One year,
(5) Removal of seniority upto One year.
(c) A Major General (Uparathi) or an officer of the similar rank or any other officer assigned by the Chief of Army Staff upon approval by the Government of Nepal may order one or more departmental actions mentioned below against a person of the rank of Lieutenant Colonel (Pramukh Senani) and officer below to this rank or Non-Commissioned Officers (Padik):
(1) Subjecting to ultimatum (Nasihat),
(2) Subjecting to warning (Chetawani),
(3) Freezing of salary upto the recover of the losses,
(4) Freezing of promotion upto One year,
(5) Removing (deducting) of seniority upto One year.
(d) The officer assigned by the Chief of Army Staff or the commanding officer upon approval by the Government
of Nepal may try an army personnel of the rank of non-commissioned officer (Padik) who is accused of
an offence under this Act, and he/she may freeze the salary or allowances until the recovery of loss if he/she
is convicted.
(2) Prior to the order of departmental action as referred to in Sub- section (1), the concerned accused shall not be denied from the right to file an application for a trial by the Court Martial if he/she so desires.
106. Limit on departmental action: (1) While ordering a penalty provided in Clause (a) of Sub-section (1) of Section 105, the battlefield penalty provided in Sub-clauses (1), (2) and (3) shall not be added to it.
(2) Amongst the penalties provided in Sub-clauses (1), (2), (3) or (4) of Clause (a) of Sub-section (1) of Section 105, if a person is imposed more than one penalty, the penalties provided in Sub-clauses (3) or (4) shall
be added only after the completion of penalties provided in Sub-clauses (1) or (2).
(3) If more than one penalty provided in Sub-clauses (1), (2) or (3) of Clause (a) of Sub-section (1) of Section 105 is ordered, the total period of penalties shall not exceed Forty Five days.
(4) Personnel who are below the rank of non-commissioned officer (Billadar) shall not be imposed the penalty provided in Sub-clause (7) of Clause (a) of Sub-section (1) of Section 105.

107. Collective fine:

(1) If any equipment, arms or ammunition, bullets, parts  of arms of any company (Gulm) squadron, battery or other such units are lost or stolen, the Chief of Army Staff or Chief or the Corps (Chamu),
Division (Pritana) or Brigade (Bahini), upon receiving the report of the Court of Inquiry, may impose a collective penalty on all non-commissioned officers (Padik), Sergeants (Hudda), Corporals (Amaldar), Lance Sergeants
(Pyuth) of such unit or the persons whom he/she decides responsible thereto.
(2) Such a fine shall be reimbursed proportionately, from the salary  of personnel who are so fined

Chapter-12 Approval of Case and Rehearing (Revision)

Chapter-12 Approval of Case and Rehearing (Revision)
108. Approval of the decision of penalty of General Court Martial: The  decision or penalty issued by the General Court Martial shall be approved by the Government of Nepal or the officer authorized by Government of
Nepal.

109. Approval of the decision or penalty of Summary General Court Martial: The decision or penalty issued by the Summary General Court Martial shall be approved by the person who convened the Court Martial or
the senior officer if he/she (who convened the Summary General Court Martial) ordered to submit the decision or penalty to the senior level.

110. Approval of the decision of the District Court Martial: The decision or penalty issued by the District Court Martial shall be approved by the officer who is empowered to convene the General Court Martial or an
officer authorized by him/her.

111. Procedures applicable in the approval of a case: For the purpose of approval of a case pursuant to Sections 108, 109 and 110, the Court Martial which decided the case shall prepare, within Seven days from the date of the decision, the full text of decision along with clear grounds and reasons thereof, and shall forward the concerned file for approval within Thirty days. The agency (Nikaya) or authority who has an authority for approval
shall finalize his/her actions on the files so received within Thirty days from the date of receipt.

112. Conditions may be laid down: While authorizing pursuant to Sections 108 and 110, the authorizing officer may lay down conditions.

113. Reduction of penalty: The officer who is authorized to approve the penalty imposed by the Court Martial may, subject to the conditions laid down pursuant to Section 112, reduce the penalty imposed by the Court
Martial or approve a lesser penalty amongst the penalties prescribed in Section 101.

114. Rehearing (Revision) of decision or penalty: (1) The endorsing (approving) officer may give an order to rehear the penalties imposed by the Court Martial.
(2) If an order is issued pursuant to Sub-section (1), the Court Martial may examine additional evidence and proceed with and adjudicate the case.
(3) If it is necessary to rehear a case, it shall be reheard by the same officers who issued the previous decision unless they are unable to be present for inevitable reasons.
(4) If the officer who issued the original decision could not be present, a memorandum indicating the reasons thereto shall be attached to the file and the members equal to the number who fail to be present shall be
added, and the case shall be proceeded.

115. Decision or penalty of Summary Court Martial: (1) The decision or penalty of the Summary Court Martial shall not be approved and it shall be executed immediately.
(2) Notwithstanding anything contained in Sub-section (1), if the case is proceeded by an officer who has served less than Five years, the penalty shall not be executed, except during a military operation, unless approved by the Brigadier (Bahinipati) or officer senior to the Brigadier is received.
(3) The decision made or penalty imposed by the Summary Court Martial shall be submitted to the head of Brigade (Bahinipati) or Division (Pritanapti) or the officer authorized by the Chief of the Army Staff, and
such officer shall examine the reality of the case and may nullify or reduce the conviction or penalty.

116. Alteration of decision or penalties: (1) If a penalty of a Court Martial which is approved or a decision or penalty which does not require approval, is not supported by evidence or cannot be recognized for any reason, and
the officer who is empowered to reduce penalty pursuant to Section 113 issues a new decision or penalty, the same penalty shall be executed.
Provided that, no new decision or penalty shall be issued or imposed except in the case if the Court Martial questions the jurisdiction in respect
to such decision or penalty, or the Court Martial is not satisfied with reasons given in such decision or penalty.
(2) Except if a new decision or penalty is issued pursuant to Sub- section (1), if the penalty issued by the Court Martial which is approved or does not require any approval is not recognized for any reason, the officer
prescribed in Sub-section (1) may, subject to the provisions referred to in the same Sub-section, issue a new penalty as he/she deems reasonable.
(3) The penalty which is imposed pursuant to Sub-sections (1) or (2) shall not exceed the penalty imposed by the Court Martial.
(4) The alteration or imposition of a penalty pursuant to this Section shall take effect as if imposed by a Court Martial.

117. Non-recognition of decision or approval: The decision or penalty issued by the Court Martial except by the Summary Court Martial shall not be recognized unless it is approved.

118. Reviewing order of departmental action: If the order of departmental action is deemed illegal or unjust or excessive, the following officers may review such order and nullify or alter or reduce such penalties.
(a) Any senior commanding officer in respect to the penalties ordered by the commanding officer,
(b) The Government of Nepal, Chief of Army Staff or other officer as assigned by the Chief of Army Staff in the case of a penalty imposed by any other officer.

119. Appeal against the decision or order of Court Martial: (1) There
shall be an Army Special Court Martial which shall hear appeal against a
decision or final order rendered by a General Court Martial and Summary
General Court Martial pursuant to Clause (a) of Section 68.
(a) Judge of an Appellate Court
nominated by Government of Nepal
on the recommendation of the
Judicial Council Chairperson
(b) Secretary of Ministry of Defence Member
(c) Chief of Prad Viwak Member
(2) The party aggrieved by the decision or final order rendered by a
General Court Martial and Summary General Court Martial pursuant to
Clause (a) of Section 68 may file an appeal before the Special Court Martial
as referred to in Sub-section (1) within Thirty Five days of the date of such
decision or final order.
(3) The Court established pursuant to Sub-section (1) shall have an
original jurisdiction to proceed with and adjudicate the case as referred to in
Section 62.
(4) An appeal may be filed before the Supreme Court against a
decision made pursuant to Sub-section (3) within Thirty Five days of the
decision.
(5) The procedures applicable to the original jurisdiction and
appellate jurisdiction shall be as prescribed.
(6) The party aggrieved by a decision or final order of the Court
Martial regarding offences as referred to in Clauses (b) and (c) of Section
68 may file an appeal before the Chief of Army Staff through the Judge
Advocate General Department (Prad Viwak) within Thirty Five days of the
date of decision or final order.
(7) There shall be an Appeal Hearing Committee which shall
proceed with and adjudicate the cases filed pursuant to Sub-section (6):
(a) Brigadier General (Sahayk Rathi)
nominated by the Chief of Army
Staff Chairperson
(b) Colonel (Mahasenani) nominated
by the Chief of Army Staff Member
(c) Representative of Prad Viwak
who was not involved in the Court
Martial of the concerned case Member
(8) The procedures applicable during the proceedings and
adjudication of an appeal to the Committee as referred to in Sub-section (7)
shall be as prescribed.

Chapter-13 Execution of Penalties

Chapter-13 Execution of Penalties
120. Calculation of the period of imprisonment:

(1) The term of imprisonment imposed on a person by a Court Martial pursuant to this Act shall be counted from the date he/she is taken into custody irrespective of whether such penalty has been reheard or not, and from the date when the Chairperson signs the penalty in a case of the original proceeding of the case and an officer of Court Martial signs the penalty in a case of the Summary Court Martial.
(2) If a person convicted by a Court Martial for an offence during a military operation is imposed an imprisonment rather a dismissal from the service, and such person could not be sent to the prison for any reason, the prescribed officer may give an instruction assigning him/her to carry out the responsibilities for his/her post.
(3) The period of service performed pursuant to Sub-section (2) shall be counted in the period of imprisonment.

121. Executing the penalty of imprisonment:

(1) An officer having authority to approve the penalty imposed on a person convicted by a Court
Martial shall issue an order to send him/her in prison to serve the term of
imprisonment or an officer of Court Martial shall issue such order in relation to a person who is convicted by a Summary Court Martial.
(2) Upon receiving an order pursuant to Sub-section (1), the commanding officer of the person subjected to penalty or any other prescribed authority shall send him/her to prison along with a detention letter.
(3) When transferring a prisoner from one place to another, arrangements shall be made to prohibit escape, flee or commission of other  undesirable acts.
(4) If a new order is issued in relation to a prisoner replacing the previous order, the officer who so orders shall issue a detention letter accordingly to the concerned prison chief.
(5) Detention shall not be deemed illegal merely on the ground that there is an error in the detention letter or any document thereto or it does not match with the prescribed format or for any other reason in case a
person has been held in prison as per the decision imposing imprisonment by the Court Martial.
(6) If an order is issued to hold the convicted person in prison to serve the imprisonment, such a convict may be held in custody at any appropriate place until he/she is sent to the prison.
(7) In case the penalty does not exceed the term of Three months, the officer as referred to Sub-section (1) may issue an order to hold such person in military custody until the completion of term of imprisonment.
(8) During a period of military operation, the term of imprisonment may be served by holding him/her in custody as prescribed by the commanding officer. (9) No prisoner held in prison pursuant to this Act shall be subjected
to any corporal punishment during the period of imprisonment; and no penalty of imprisonment shall be imposed on him/her which is not in accordance with the prevailing law.
(10) If the commanding officer of the Army, Corps (Chamu), Division (Pritana) or Brigade (Bahini) believes that it is not possible to execute any penalty in military prison or military custody, he/she may issue an order to hold the concerned person in any prison.

122. Period to be considered as prisoner of war: For the purpose of Section 131, a person shall be deemed to have remained as a prisoner of war until investigations into his/her conduct pursuant to Section 129 are
completed and until the day of his/her dismissal from service in case he/she is dismissed from service on the grounds of his/her conduct after the completion of investigations.

123. Reduction in salaries and allowances:

(1) For the purpose of implementing an order of penalty, the salary and allowance of an officer
shall be deducted as follows:
(a) The salary and allowance for the day of his/her absence, except when satisfactory explanations are
given to the commanding officer and those explanations are approved by the Government of
Nepal,
(b) The salary and allowances for the period held in custody or on suspension from duty as per the order
issued by any Court Martial or other court or any authority who has an authority to issue an order for
departmental action,
(c) The amount of the salary decided to be paid to any person whose salary is illegally frozen or who is
refused to be paid,
(d) The amount required to reimburse the expenses resulting from an order issued by a Court Martial or an
authority who has the power to issue an order for departmental action,
(e) All such salaries and/or allowances subjected to confiscations or freezing pursuant to an order issued
by a Court Martial or the Authority who has the power to issue an order for departmental action of
confiscation or freezing,
(f) The amount required to pay the fine imposed by a Court-martial or any other court pursuant to Section
66,
(g) The amount required to reimburse the property stolen or causing any loss to the property of the Government
of Nepal or the Nepal Army which is proved by the investigations conducted pursuant to the Rules which
were stolen or damaged due to negligence or mistake of the officer,
(h) All such salaries and allowances forfeited through an order of the Government of Nepal after the Court of
Inquiry formed by the Chief of Army Staff has held that the concerned officer had cooperated with the
enemy, or served the enemy while in the custody of the enemy or helped the enemy as per the orders of the
enemy or otherwise, or that he/she had been captured by the enemy for being intentionally negligent while
on duty and held under the custody of the enemy, or that he/she had failed to return to his/her side even
when he/she could do so after being captured by the enemy,
(i) The amount to be paid as per the order of the  Government of Nepal by the concerned officer for the
maintenance of one’s wife and/or children, or the amount being paid by the Government as maintenance
for such children.
(2) Subject to the provisions of Sub-section (1), the salary and allowances of persons other than officers shall be deducted as follows:
(a) The salary and allowances payable for each day of absence, desertion, detention as a prisoner of war or
while being held in custody by the Court Martial, other courts or an authority who may order for a
departmental action or absence resulting from battlefield penalty ordered by a Court Martial or an  authority who may order for a departmental action and the salary and allowances payable for each day of absence resulting from detention prior to imprisonment after being convicted of an offence by a Court Martial or other court,
(b) The salary and allowances payable for the period of detention or suspension from duty on the charge of
committing an offence for which the person concerned is subsequently convicted by any Court Martial or
other court or an authority who has power to issue an order for departmental action,
(c) The salary and allowances payable for each day of hospitalization after falling ill for which the doctor
engaged in the treatment issues a certificate to the effect that the person concerned has fallen ill because
of action taken by him/her which is deemed to be an offence under this Act,
(d) The amount of salary and allowances payable for each day of hospitalization as determined by the officer
prescribed or authorized by the Government of Nepal after falling ill for which the doctor engaged in the
treatment issues a certificate to the effect that the person concerned has fallen ill because of his/her
misconduct or negligence,
(e) All such salaries and allowances as ordered for forfeiture or freezing by a Court Martial or an
authority who has power to issue an order for departmental action,
(f) The salary and allowances payable for each day from the date of dismissal from service in consideration of
the conduct of the person concerned to the date of his/her release from the enemy, in case he/she is held
as a prisoner of war or in custody by the enemy,
(g) The amount needed to compensate as determined by his/her commanding officer for the loss or damage or
destruction or unnecessary expenses caused by him/her to any building or asset of the Government of Nepal,
(h) The amount required to pay the fine imposed by a Court Martial or other Court or any authority who
exercises power as referred to in Sections 66, 105 or 107.
(i) The amount to be paid as per the order of the Government of Nepal by the concerned person for the
maintenance of his wife and the children, or the amount being paid by the Government as maintenance
for such children.

124. Calculation of period of absence without leave or custody: For the purpose of Clause (a) of Sub-section (2) of Section 114:
(a) No person shall be deemed to have been detained or remained absent except when he/she has been detained or has remained absent without leave for less than Six hours consecutively on a single day  or more than a single day.
(b) If a person remains absent without leave or is detained for less than a day and thereby fails to discharge his/her military duty, and in case any other person is assigned to discharge such duty, such absence or
detention for less than a day shall be treated as absence or detention for a day.
(c) If a person remains absent without leave or is detained for Twelve or more hours consecutively on any day, the period of such absence or detention, irrespective of its duration, shall be taken as one days’
absence or detention.
(d) If a person remains absent or is detained from before midnight and such absence or detention ends after midnight, the period of such absence or detention shall be taken as one day’s absence or
detention.

125. Salary and allowances during trial: If a person who falls under  jurisdiction of this Act is detained or suspended on any charge, the prescribed authority may, for the purpose of implementing Clause (b) of
Sub-section (1) and Clause (b) of Sub-section (2) of Section 123, issue a directive to freeze his/her salary and allowances as prescribed until the disposal of the case.

126. Limits of reduction : Except when the concerned person has been punished with dismissal, all the deductions to be made from his/her salary and allowances according to the provisions contained in Clauses (d), (f),
(g), (h) of Sub-section (2) of Section 123 shall not exceed half of his/her salary and allowances for any month.

127. Reduction from amounts other than provident fund and pension:
Any amount to be deducted from the salary and allowances of any person pursuant to this Act may be deducted from any other amount payable to the person, except the Army provident fund and pension, without prejudice to
any other procedure for collecting such deductions.

128. Reimbursement as if the governmental dues: The concerned Chief
District Officer may be requested to reimburse the fine imposed under the
proceeding of this Act. The Chief District Officer, if so requested, shall
reimburse it in accordance with prevailing laws as if it is a governmental
dues and shall forward it to the concerned department.

129. Salary and allowances of a person of war during the inquiry on conduct: If a person who falls under the jurisdiction of this Act becomes a prisoner of war or captured by the enemy, and in case it becomes necessary
under this Act or any other law to investigate his/her conduct during the investigation, the Chief of Army Staff or any officer authorized by the Chief of Army Staff, may issue an order to freeze his/her full or partial salary and allowances until the result of the investigation is revealed.

130. Reductions may be exempted: Any deduction to be made from salaries
and allowances pursuant to this Act may be exempted upto the prescribed
limit in the manner as prescribed.

131. Arrangement for the dependants of prisoners of war from the  money so exempted:
(a) The salary and allowances of a person, to whom this Act is applicable and who has been held as a prisoner of war, subjected to  forfeiture under Clause (h) of Sub-section (1) and Clause (a) of Sub- section (2) of Section 122, if exempted as referred to in Section 130, shall be used for the arrangement of rations and other essential goods
and materials for the dependents of such person. If such an arrangement is made, the remaining balance out of the salary and allowances shall be deemed to have been exempted.
(b) If a person who falls under the jurisdiction of this Act has been held as a prisoner of war or is lost during a military operation, the arrangements for rations and other goods and materials for the dependents of such person shall be made out of his/her salary and allowances.

132. Execution of penalties during the stay outside of Nepal:

(1) If the person who has been subjected to a penalty pursuant to this Act is staying outside the territory of Nepal, the penalty may be executed in the country where he/she is staying or may be brought into Nepal where it shall be
executed.
(2) If a person working with the Nepal Army is subjected to removal or has been removed from the service at the time he/she is staying outside of Nepal, he/she may be brought into Nepal