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Statutes / Acts

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

9. Facilities of Acting Chief Justice

9. Facilities of Acting Chief Justice : ………….. The Acting Chief Justice shall be entitled to the remuneration and facilities of the Chief Justice. Provided that, he or she shall not be entitled to the pension and family pension by the reason only that he or she has become the Acting Chief Justice and assumed office.

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.

Railways Act, 2020 (1963)

Railways Act, 2020 (1963)
Date of Authentication and Publication
2020.4.32(16 Aug. 1963)
Amendments:
1. Judicial Administration Reforms Act, 2031 (1974) 2031.4.18 (2 Aug. 1974)
2. Judicial Administration Reforms (Fourth Amendment) Act, 2043(1986) 2043.7.24 (10 Nov. 1986)
3. Administration of Justice Act, 2048(1991) 2048.2.16 (30 May 1991)
4 1 . Republic Strengthening and Some Nepal Laws Amendment Act, 2066(2010) 2066.10.7(21 Jan. 2010)
Act Number 8 of the year 2020 (1963)
………………… 2
An Act Made to Amend and Consolidate Some Nepal
Acts Relating to Railways
Preamble : Whereas, it is expedient to examine prevailing Nepal laws relating to railways and make necessary amendments to and consolidation of such laws in tune with the country, time and circumstance for the public interest and convenience of the general public;
Now, therefore, His Majesty King Mahendra Bir Bikram Shah Dev has, on the advice and with the consent of the National Panchayat, made this Act.

2. Definitions

2. Definitions : Unless the subject or context otherwise requires, in this Act:
(a) “Railway” means any railway or any part thereof held or made publicly for the transportation of passengers, animals or goods, and this term also including the following:
(1) Any land of railway which has been fenced or otherwise demarcated,
(2) Line or any part of such line of railway and engine, vehicle plying over it or any goods related thereto,
(3) Railway station, office, godwon, factory, machine, machinery and any other construction work carried out
or use for railway purpose.
(b) “Train” means a public vehicle plying with the help of a machine over the line.
(c) “Railway employee” means any employee appointed for the railway service or work.
(d) “Ticket” means evidence as prescribed indicating the payment of fare as prescribed to travel by a train.
(e) “Bill of lading” means evidence as prescribed indicating the payment of fare as prescribed to transport animals or goods by a train.
(f) “Line” means a line of railway.
(g) “Manager” means the main employee who operates, or causes to be operated, railway smoothly.
(h) “As prescribed” means as prescribed in the Rules framed under this Act.

3. Train to be plied as prescribed

3. Train to be plied as prescribed :

(1) A train has to be plied as prescribed.
(2) If in plying a train with care as prescribed or doing any other act relating thereto, any kind of loss or damage is caused due to accident or wrong-doing or mala fide act committed by any person other than a railway
employee, no action shall be instituted against nor shall punishment be imposed on the railway employee plying the train or working for the railway pursuant to this Act

4. Qualification of train locomotive driver

4. Qualification of train locomotive driver :

A person who does not have the following qualification shall not be deemed to be qualified to be a train locomotive driver:
(a) Having obtained experience of that work for at least three years or more than that, or
(b) Having acquired skills from any college, railway institution or training school recognized by the Government of Nepal and obtained the certificate of qualification of this work.

5. Crimes relating to railway

5. Crimes relating to railway :

(1) No person shall dig, chop out the soil of the line, throw put soil or stone at the line, put stone, wood or other matter in the line, take out the line or clips, slippers etc, thereof, lose joints or temper with, exchange or close other parts or hide, temper with, take out any signal or light of the railway, or exhibit, change, wipe out, remove, chop out the same differently or do or cause to be done any act with may result in dropping of anything or falling down from the train or any other kind of accident.
Provided that, where a person authorized by the railway administration or any one ordered by that person does any act upon being necessary to build or adjust anything or matter relating to railway, this Sub- section shall not apply thereto.
(2) If any person does, or causes to be done, any act prohibited by Sub-section (1) or the Rules framed under this Act, such person shall be punished as follows:
(a) Punishment of a fine not exceeding Three Hundred Rupees or of imprisonment for a term of Three months
or both where nothing has fallen down, been omitted, or where train has not been collided or where no kind of
loss or damage has been caused to the railway or other  person,
(b) Punishment of a fine not exceeding One Thousand  Rupees or of imprisonment for a term not exceeding
One year, for the first time, a fine not exceeding Three Thousand Rupees or of imprisonment for a term not
exceeding Three years, for the second time, and of imprisonment for a term that three times as high as that
imposed last time for each time from the third time onwards where the train goes out of line or falls from
the line or meets with an accident in any other manner or any kind of loss or damage is caused to another
person.
Provided that, where the term of imprisonment so imposed exceeds Twenty years, punishment of
imprisonment for a term not exceeding Twenty years shall be imposed.
(3) No person shall in any manner cultivate any railway land fenced or otherwise demarcated by the railway administration nor shall build a house in such a land except where anything is done by a person authorized
by the railway administration or by the order of that person upon being necessary for any act relating to railway; and if any person cultivates or builds a house in such a land, that person shall be punished with a fine not
exceeding One Hundred Rupees for the first time, Five Thousand Rupees for the second time or imprisonment for a term of One year or both, and the house shall also be demolished.

6. Additional punishment to railway employee

6. Additional punishment to railway employee :

Notwithstanding anything contained in Sub-section (2) of Section 5, if a person doing or causing to be done any act in contravention of the Section is a railway employee, the employee shall be punished with the following additional
punishment, in addition to the punishment set forth in that Sub-section (2):
(a) Punishment of a fine not exceeding Five Hundred Rupees or of imprisonment for a term not exceeding Three months or both where the train has not fallen down, gone out from the line or where the train has not been collided or where no other kind of loss or damage has been caused to any one,
(b) Punishment of a fine not exceeding One Thousand Rupees or of imprisonment for a term not exceeding Two years or both where the train has fallen down, gone out from the line or where the train has been collided or where any other kind of loss or damage has been caused to anyone.

7. Punishment to be imposed pursuant to law relating to homicide if act is done with intention to kill

7. Punishment to be imposed pursuant to law relating to homicide if act is done with intention to kill : If any person commits, or causes to be committed, any offense punishable under Sub-section (2) of Section 5 with intention to kill anyone or with recklessness that such act may result in the death of any one and any one dies consequently, such person shall be liable to punishment pursuant to the Chapter on Homicide of the Muluki Ain.

8. Wound expenses or obsequies expenses

8. Wound expenses or obsequies expenses :

(1) If any person commits any offense punishable under this Act and such act results in any kind of wound
or injury to anyone in the death of any one, the wound expenses or obsequies expenses as follows shall also be recovered from the offender, in addition to the punishment imposed under this Act:
(a) Obsequies expenses to the nearest heir to the deceased where anyone has died, and
(b) Wound expenses to the person who has sustained injury or been wounded in a sum from One Thousand Rupees
to Three Thousand Rupees in the event of mutilation of an organ which though cured cannot function and in a
sum from Five Hundred Rupees to One Thousand  Rupees in the event of mutilation of an organ which can
function.
(2) If a person who is obliged to pay the obsequies expenses or wound expenses pursuant to Sub-section (1) fails to pay the same, the expenses shall be recovered from his or her assets in accordance with the prevailing Nepal
laws.
(3) Notwithstanding anything contained in the other prevailing Nepal laws, no ten percent fee shall be charged on the obsequies expenses or wound expenses recovered pursuant to this Action.

9. Punishment to one who throws stone etc. at train

9. Punishment to one who throws stone etc. at train : If a person throws a stone or other solid substance or dust, waste or foul at a train or hits the train with such substance, the person shall be liable to a fine not exceeding One
Hundred Rupees or imprisonment for a term not exceeding Seven days, in addition to the punishment imposed under the other laws

10. Prohibition on entering railway premises without permission of concerned authority or without ticket

10. Prohibition on entering railway premises without permission of concerned authority or without ticket : Except where it is necessary to inquire any railway employee into any matter relating to railway, no unauthorized person shall enter and stay in the railway premises without obtaining permission for the competent authority to that effect or without obtaining a ticket; and if a person so enters and stays, the concerned authority of the railway administration may fine such a person with a sum not exceeding Twenty Rupees.
Explanation : For the purposes of this Section, the words “railway premises” mean the railway station and the premises of railway restricted by the railway administration by publishing a notice.

11. Punishment to one who attempts to commit or aids in the commission of offense

11. Punishment to one who attempts to commit or aids in the commission of offense :

(1) If any person attempts to commit any act punishable under this Act but the act has not been completed, that person shall be liable to punishment that is half the punishment imposable for the commission of that offense.
(2) If any person aids and abets the commission of any act punishable  under this Act, that person shall be liable to the same punishment as is imposable on the principal offender.

12. Ticket to be purchased to travel by train or transport goods by train

12. Ticket to be purchased to travel by train or transport goods by train :

(1) While getting in, travelling or transporting goods by, a train, a person has to travel or transport goods by the train as prescribed by obtaining a ticket or bill of lading upon payment of such tariff as specified as
prescribed.
Provided that, nothing contained in this Sub-section shall apply where permission has been given by the concerned authority of the railway administration, as prescribed, in the circumstances as prescribed to get into,
travel or transport goods by a train without fare.
(2) If a person gets into, travels or transports goods by, a train in contravention of any matter set forth in Sub-section (1), the person shall be  liable to punishment as follows:
(a) Where a ticket has not been obtained, a fine equal to the amount in question, along with the recovery of such
amount from such a person.
(b) A fine not exceeding Fifty Rupees where any other act has been committed.
(3) The competent concerned railway employee shall recover the amount in question or fine as referred to in Sub-section (2); and if any person does not pay such amount, the employee may get such person and goods, if
any, off the train at the next station, and hand over such person to the concerned police office for instituting case against such person

12A.  Power of Chief District Office or railway manager to inspect trains

12A.  Power of Chief District Office or railway manager to inspect trains : The Chief District Officer 4 or railway manager or other employee of up to gazette officer level deputed by him or her may, if it appears necessary
to inspect any train to inquire into whether any person is travelling or transporting goods by the train in an illegal manner, stop the running train and inspect it, and if, in so inquiring into the matter, if any person is found
on the spot to have been traveling or transporting goods in contravention of Section 12, such Officer, manager or person may impose a fine not exceeding Fifty Rupees or imprisonment for a term not exceeding Fifteen days or with both punishments, in addition to the punishment imposable under that Section

14. To safely retain goods the custody of which railway has taken

14. To safely retain goods the custody of which railway has taken : After the authorized railway employee has received any goods belong to any person and duly issued a receipt thereof, the railway administration shall bear
the amount of loss and damage, if any, caused in any manner except where such loss and damage has been caused due to accident of training because of circumstance beyond.
Provided that, if the goods have been perished, decayed, lost, damaged or become out of order due to the failure to take delivery of such goods within the specified time limit, the railway administration shall not be liable to the owner of goods.

15. To charge demurrage wharfage

15. To charge demurrage wharfage: If the delivery of the goods transported by a train is not taken within the prescribed time, the demurrage or wharfage shall also be charged at the prescribed rate. If the delivery of goods is not taken even after the expiry of the deadline of the notice of wharfage or of the time-limit of demurrage, the tariff of the goods and demurrage or wharfage charged thereon or both shall be recovered from the proceeds of the auction
sale of the said goods pursuant to the prevailing laws.

16. Power to arrest without warrant

16. Power to arrest without warrant: If one thinks that any person has committed any offense punishable under this Act or is about to commit such offense, one shall arrest such a person without warrant and hand him or her
over to the concerned police officer or railway officer.
Provided that, where a driver who is driving a train or a guard commits such an offense, the driver or guard shall not be arrested on the way until the train reaches the final destination. The police employees shall accompany the driver or guard so that he or she cannot escape or go away and do or cause to be done as per law when the train reached that place.

17. To try cases

17. To try cases: Except where an act results in death or mutilation, any cases relating to the offenses under this Act may be summarily tried and settled by the local Chief District Officer5 , and a person who is not satisfied therewith
may make an appeal to the Court of Appeal6 in accordance with law

18. Limitation

18. Limitation: Except where the offense punishable under Section 7 is committed, a law suit shall not be entertained if it is not filed within Thirty Five days of the commission of any other offense punishable under this Act.

Remuneration, Conditions of Service and Facilities of Secretary General and Secretary of LegislatureParliament, 2055 (1998)

Remuneration, Conditions of Service and Facilities of Secretary General and Secretary of LegislatureParliament, 2055 (1998)1
Date of Authentication and Publication
2055.3.18 (2 July 1998)

Amendments:
1. Some Nepal Laws (Amendment) Act, 2063 (2006) 2063.6.28 (14 Oct. 2006)
3. Amending Some Nepal Acts to Maintain Gender Equality Act, 2063 (2006)
2063.7.17 (2 Nov. 2006) 3.2 Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010) 2066.10.7 (21 Jan. 2010) Act Number 3 of the Year 2055 (1998) An Act Made To Provide for Remuneration, Conditions of Service and Facilities of Secretary General and Secretary of Legislature-Parliament3

Preamble:

Whereas, it is expedient to make legal provisions on the remuneration, conditions of service and facilities of the Secretary General and Secretary of the Legislature-Parliament4
;

1
Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010).
2
This Act came into force on 15 Jestha 2065 (2008), Prasasti and the word “kingdom” has been
deleted.
3
Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010).
4
Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010).

Now, therefore, be it enacted by the Parliament in the Twenty Seventh year of the reign of His Majesty King Birendra Bir Bikram Shah Dev.

Chapter-1

Chapter-1
Preliminary
1. Short tile and commencement:

(1) This Act may be called as the “Remuneration, Conditions of Service and Facilities of the 5
Secretary General and Secretary of the Legislature-Parliament, 2055 (1998).”
(2) This Act shall come into force immediately.

2. Definitions:

Unless the subject or the context otherwise requires, in this Act,-
(a) 6 “Secretary General” means the Secretary General of the LegislatureParliament.

(b) 7 “Secretary” means the Secretary of the Legislature-Parliament.

Chapter-2 Qualification, Term of Office, Remuneration and Facilities

Chapter-2
Qualification, Term of Office, Remuneration and Facilities

3. Qualification:

In order for one to be the Secretary General and the Secretary, one has to possess the following qualification:
(a) Being a citizen of Nepal,
(b) Having obtained bachelor’s degree from a university recognized by the Government of Nepal,
(c) Not being a member of any political party immediately before appointment, and

5
Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010).
6
Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010).
7
Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010).

(d) Having completed that age of Forty Five years in the case of the Secretary General and Forty years in the case of the Secretary. Provided that, this provision shall not apply in the case of the Secretary General and the Secretary currently in service.

4. Term of office:

The term of office of the Secretary General and the Secretary shall be Four years and they may be eligible for reappointment. Provided that, if the Secretary General and the Secretary complete the age of Sixty Five years prior to the completion of that term of office, they shall cease to hold their office.

5. Circumstance where office of Secretary General or Secretary falls vacant:

The office of the Secretary General or the Secretary shall be deemed vacant in the following circumstance:
(a) If he or she dies, or
(b)8 If he or she resigns, or
(c) If his or her term of office is completed or he or she ceases to hold office pursuant to in Section 4, or
(d) 9 If the Secretary General or the Secretary is removed by the President on the recommendation of the Chairperson of the Constituent Assembly that he or she lacks competency, has committed misconduct or failed to perform the duties of his or her office honestly.

6. Remuneration:

(1) The Secretary General and Secretary shall be entitled to the remuneration as set forth in Schedule-1.

8
Amended by Some Nepal Laws (Amendment) Act, 2063 (2006).
9
Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010).

(2) If the Secretary General or Secretary is retired from office for any other reason except that set forth in Clause (d) of Section 5 of this Act, he or she shall be entitled to One month’s remuneration as an additional facility, in addition to the remuneration to which he or she is entitled until the day of which he or she is incumbent in office.
(3) The remuneration and additional remuneration receivable by the Secretary General or Secretary pursuant to Sub-section (2) shall be given to him  or her or his or her nominee, as the case may be. If the Secretary General or Secretary dies and he or she has not nominated any person or if the nominee is not alive, such remuneration shall be provided to his or her near heir.

7. Housing facility:

(1) The Government of Nepal shall make arrangement for a governmental building for the housing of the Secretary General and the Secretary. Where arrangement of such a building is not made or where
the Secretary General or Secretary has no appropriate building of his or her own in the Kathmandu Valley and a building has to be rented, he or she shall be entitled to such monthly amount as specified by the Government of Nepal for the housing rent.
(2) The Government of Nepal shall repair and maintain the governmental building arranged pursuant to Sub-section (1).
(3) The Secretary General and the Secretary who reside in their own building shall be entitled to a monthly sum of One Thousand Five Hundred Rupees, for repair and maintenance, and sanitation of the building.
(4) The Secretary General and the Secretary shall be entitled to the facility receivable pursuant to this Section until Seven days after the date of his or her retirement.

8. Electricity, water and telephone facilities:

(1) The Government of Nepal shall bear the expenses incurred in installing one line telephone to
the residence of the Secretary General and the Secretary and such deposit as incurred for such installation.
(2) The amount as referred to in Schedule-1 shall be provided to the Secretary General and Secretary for the tariff of electricity, water supply and telephone.

9. Transport and fuel facility:

(1) The Secretary General and the Secretary shall each be entitled to one motor vehicle, along with a driver, the fuel and mobil as set forth in Schedule-1.
(2) The Secretary General and Secretary who use their respective personal motor vehicle shall be entitled to a sum that is equal to the basic pay scale of the light motor driver of the Government of Nepal, for the
driver, and to the amount as set forth in Schedule-1 for repair and maintenance of motor vehicle and the fuel and mobil as referred to in subsection (1).
(3) The Legislature-Parliament Secretariat10 shall arrange for the repair and maintenance and grease of the motor vehicle provided pursuant to Sub-section (1).
(4) The Secretary General and the Secretary shall be entitled to the facility as referred to in this Section until Seven days after the date of his or her retirement from office, except in the circumstance as referred to in Clause (d) of Section 5 of this Act.

10 Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010).

10.11 Festival expenses:

The Secretary General and the Secretary shall be entitled to a sum equal to One month’s remuneration being drawn by them for the festival12 expenses.

Chapter-3 Daily and Travelling Allowance

Chapter-3
Daily and Travelling Allowance
11. Daily and travelling allowance:

(1) The Secretary General and Secretary shall be entitled to the following daily allowance and travelling
allowance on tour within Nepal in the course of business of their respective office:
(a) Daily allowance: The amount as set forth in Schedule1.

(b) Travelling allowance:
(1) In travelling on foot, the amount as set forth in Schedule-1.
(2) In travelling by bus, fare chargeable for One person.
(3) In travelling by rail, first class ticket expenses chargeable for One person.
(4) In travelling by air, ticket expenses chargeable for One person.
(5) In travelling by other motor vehicle, fare chargeable for One person.

(2) In travelling outside Nepal in order to participate in a ceremony, event, conference etc. on behalf of the Government of Nepal or in the 11 Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010).12 Amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010).   course of business of their respective office, the Secretary General and
Secretary shall be entitled to the following daily allowance and travelling allowance:
(a) Daily allowance: The amount as set forth in Schedule2.

(b) Travelling allowance:
(1) In travelling by motor vehicle, motor fare as per the bill, chargeable for One person.
(2) In travelling by rail, first class ticket expenses chargeable for One person.
(3) In travelling by air, business class ticket expenses chargeable for One person.
(4) In travelling by sea, amount as per the bill, chargeable for One person.

(3) While making a formal visit by the Secretary General and Secretary to any place outside Nepal as a guest of a foreign country, the Secretary General and Secretary shall be entitled to the daily allowance at
the rate of half the daily allowance receivable pursuant to Clause (a) of Sub-section (2).

12. Other provisions relating to travelling :

(1) The Secretary General and Secretary shall be entitled to half the daily allowance for the day on which they return from a visit, and such an allowance shall be half the minimum daily allowance receivable for the place where they stayed on the previous day of return.
(2) The Secretary General and Secretary shall, for the payment of the travelling allowance, fill in the travelling bill and provide required  evidences including distance evidence, logbook and receipts, within Thirty Five days after the date of return from a visit.

13. Insurance expenses:

In making travel by air in order to take part in any ceremony, event, international conference, seminar etc. in the course of business of their office or on behalf of the Government of Nepal, the Secretary General and Secretary shall be entitled to the personal accident insurance expenses of Two Hundred Thousand Rupees.
14. 13 ………

15. Cloth allowance:

(1) In going outside Nepal in order to take part in any ceremony, event, international conference etc. in the course of the duties of their respective office or on behalf of the Government of Nepal, the
Secretary General and Secretary shall be entitled to the cloth allowance in a sum as set forth in Schedule-2 once in Two14 years.
(2) If in going outside Nepal pursuant to Sub-section (1), the Secretary General and Secretary obtains approval to be accompanied by their respective wife or husband, 15 such a husband or wife16 shall be entitled to the cloth allowances once in Two17 years in a sum equivalent to half of their respective remuneration of One month.

16. Leader allowance:

In going outside Nepal as a leader of the delegation, the Secretary General and Secretary shall be entitled to a leader allowance in a sum that is Twenty Five percent of the daily allowance receivable by them respectively.

Chapter-4 Leave

Chapter-4
Leave
17. Leave:

(1) The Secretary General and Secretary may be entitled to the following leaves with full remuneration:

(a) Casual leave and festival leave,
(b) Home leave,
(c) Sick leave,
(d) Obsequies leave, and
(e) Maternity leave.

(2) The Secretary General and Secretary shall be entitled to a casual leave of Six days and a festival leave of Six days every year.

(3) The Secretary General and Secretary shall be entitled to a home leave at the rate of One day for Twelve days of work. The home leave can be accumulated for a maximum of One Hundred Twenty days. In setting the period of work for the purposes of the home leave, the period of casual leave and the festival leave and that of public holiday shall also be added to the period of work.

(4) The Secretary General and Secretary may be entitled to a sick leave for Twelve days each year. Such a sick leave may be accumulated without any ceiling.
(5) If the Secretary General or Secretary shall have to observe obsequies himself or herself, he or she shall be entitled to an obsequies leave for a period not exceeding 15 days according to his or her traditional rites and rituals.

(6) If the woman Secretary General or woman Secretary pregnant, she shall be entitled to a maternity leave of Sixty days, before and/or after delivery, for each time but not exceeding Two times during the whole period of service.
(7) If the Secretary General or Secretary is retired from his or her office, he or she shall be entitled to payment in lump sum of the amount to be set by the remuneration being drawn by him or her from the office in which he or she has lien for the home leave and the sick leave accumulated pursuant to Sub-sections (3) and (4).

18.18 Leave sanction authority:

(1) The Secretary General or Secretary may himself or herself sanction and obtain the festival leave and the sick leave, and shall have to get the other leaves sanctioned by the Chairperson of the Constituent Assembly.

Chapter-5 Treatment Expenses, Pension and Gratuity

Chapter-5
Treatment Expenses, Pension and Gratuity
16. Treatment expenses:

(1) The Secretary General and Secretary shall be entitled to the medical expenses in the following amount incurred in their 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 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. 18 Amended by the Republic Strengthening and Some Nepal Acts Amendment Act, 2066 (2010).
(b) Expenses as per the bill of expenses incurred in doing surgical operations except plastic surgery.
Provided that, no expenses of surgical operations done at a private nursing home shall be provided.
(c) Expenses as per the bill of expenses in an amount not exceeding that as specified by the Government of Nepal for the equipment including spectacles, teeth, earphone etc.

(2) Notwithstanding anything contained in Sub-section (1), and no treatment expenses of more than Twelve months’ remuneration receivable by the Secretary General and Secretary throughout the whole period of service shall be provided.

(3) If the board of doctors appointed by the Government of Nepal recommends that the treatment of the Secretary General and Secretary cannot be done within Nepal and they intend to have treatment abroad, the Government of Nepal may provide additional financial assistance in such a sum as it considers appropriate, and this assistance shall be in addition to the treatment expenses to which they are entitled pursuant to Sub-section (1).

(4) If, at the time of detachment from service, the treatment expense is remaining, with or without taking some or none of the treatment expenses receivable by the Secretary General or Secretary during the total period of service pursuant to Sub-section (2), the Secretary General or Secretary 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.  Provided that, the Secretary General or Secretary who retires from
service with entitlement to pension shall be entitled to receive in lump sum the whole of such remaining amount.

(5) Notwithstanding anything contained in Sub-section (4), in providing the treatment expenses to the Secretary General and Secretary who are detached from service without serving in the office of Secretary
General or Secretary, only the amount to be set on pro rata by treating the total amount of treatment expenses receivable pursuant to this Act as the amount receivable for having served for Five years.

(6) If the Secretary General or Secretary dies prior to receiving the treatment expenses receivable pursuant to this Section, the person held entitled to the family pension or gratuity pursuant to Section 18 shall be entitled to such treatment expenses.
20. Pension or gratuity:

(1) A person who is appointed to the office of Secretary General or Secretary shall, upon retirement from that office, be entitled to the following pension or gratuity:
(a) If he or she has completed the service period of Ten years in the office of Secretary General and Secretary, Sixty-six percent.
(b) If a person who is holding office in the service of the Government of Nepal or who is a retired person from such service is appointed to the office of Secretary General or Secretary and retires from the service and he or she has completed the service period of Twenty years or more upon computing the period of his or her such previous service and the period of service in the office of Secretary General or Secretary, he or she  shall, upon his or her retirement, be entitled to choose any one out of the monthly pension as referred to in Clause (a) or the monthly pension to be set as follows: Total year of service X monthly remuneration  50  Explanation: For the purposes of this Clause, “period of service in the government service’ shall mean the period of service upon being appointed by the Government of Nepal to any pensionable post.
(c) If, in computing pursuant to Clause (a) or (b), the period of service of the Secretary General or Secretary is less than Ten or Twenty years, he or she shall be entitled to a lump sum gratuity in an amount equal to the figure to be set by multiplying the total years of his or her service with the figure of One and half month’s remuneration being drawn by him or her at the time of retirement.

(3) If a person who has already got gratuity for having served in the service of the Government of Nepal is appointed to the office of Secretary General or Secretary and returns the whole amount of gratuity received by him or her previously within One year of such appointment, his or her previous service period shall be counted for the purposes of pension.

(4) The amount of gratuity to be received by the Secretary General or Secretary pursuant to this Section shall not be more than his or her remuneration of Twelve months.

(5) When the remuneration of the Secretary General or Secretary is increased, the figure of pension being drawn by the Secretary General or  Secretary who is receiving pension shall be also be increased by TwoThirds of the percent of increase in the figure of remuneration.

(6) If a person who is receiving pension for having served in the service of the Government of Nepal is appointed to the office of Secretary General or Secretary and is also eligible to pension pursuant to this Act, he or she may choose any one out of the pension being received by him or her previously and the pension receivable pursuant to this Act.

(7) Notwithstanding anything contained in the foregoing Subsections, the Secretary General or Secretary who is removed from service on the ground of Clause (d) of Section 5 of this Act shall not be entitled to
the facility of pension or gratuity as referred to in this Act.

21. Family pension and gratuity:

(1) The pension as referred to in Section 18 shall, in the following circumstance, be provided to such person out of his or her family members as has been nominated by the Secretary General or Secretary and to the nearest heir out of his or her family members if the person so nominated has died or failing such nomination:
(a) If the Secretary General or Secretary dies while in service, up to Seven years after the death,
(b) If he or she dies prior to expiration of Seven years after starting to receive pension pursuant to Section 18, up to the period that remains to complete Seven years.
(2) If the Secretary General or Secretary dies while in service and is entitled to gratuity but not to pension pursuant to Section 18, the person as referred to in Sub-section (1), out of his or her family members, shall be entitled to the amount of that gratuity.
(3) After the expiration of the period entitling to the family pension as referred to in Sub-section (1), the widow or widower of the deceased  Secretary General or Secretary shall be entitled to half the amount of such pension during his or her life. Provided that, if such a person is receiving pension for the
governmental service performed by him or her, he or she shall not be entitled to the pension as referred to in this Sub-section.
(4) When the remuneration of the incumbent Secretary General or Secretary is increased, the figure of family pension being drawn by the person who is receiving the family pension pursuant to Sub-sections (1) and (3) shall also be increased by Two-Thirds of the percent of increase in the figure of remuneration.

Chapter-6 Miscellaneous

Chapter-6
Miscellaneous
22. Provident Fund: A provident fund deduction shall be made from the monthly remuneration of the Secretary General and Secretary at the rate of Ten percent, and cent percent shall be added by the Government of Nepal to that deducted amount and deposited in the provident fund.

23. Increase in or addition to remuneration: The Government of Nepal may, by altering the Schedules upon publishing a notice in the Nepal Gazette, make increase in or addition to the remuneration and facilities to which the Secretary General and Secretary are entitled pursuant to this Act.

24.19 Oath: Prior to assuming the duties of his or her office, the Secretary General or Secretary shall take an oath of office and secrecy before the Chairperson of the Constituent Assembly, in the form set forth in Schedule2A.

Schedule-1 

Schedule-1
(Relating to Sub-section (1) of Section 6, Sub-section (2) of Section 8, Subsections (1) and (2) of Section 9 and Sub-section (1) of Section 11)
Remuneration, facilities and allowance receivable by the Secretary General and Secretary SN Type of remuneration, facility and allowance Secretary General Secretary
1. Remuneration (per month) Rs. 8,000.00 Rs. 7,000.00
2. For electricity, water and telephone tariff (per month) Rs. 1,200.00 Rs. 7,00.00
3. Petrol(per month) 150 liter 100 liter
4. Mobil (quarterly) 5 liter 5 liter
5. Daily allowance (per day) Rs. 165.00 Rs. 140.00
6. Travelling allowance (per Kosh) Rs. 25.00 Rs. 15.00
7. For motor vehicle repair and maintenance (per month)

Schedule-2

Schedule-2

(Relating to Clause (a) of Sub-section (2) of Section 11 and Sub-section (1) of Section 15)

Daily allowance receivable by the Secretary General and Secretary while making visit abroad
SN Daily allowance and cloth allowance Secretary General Secretary

1. All other Asian countries except Japan, South Korea, Philippines (US Dollars) 100 100
2. All the other countries except the countries set forth in serial number 1, including Japan,
South Korea, Philippines (US Dollars) 125 125
3. Cloth allowances (Rupees) 4,950 4,200

Schedule-2A.20

Schedule-2A.20

(Relating to Section 21)

Oath
I………………being completely loyal to the country and people, do hereby solemnly affirm/swear in the name of God that I shall, with genuine loyalty towards the Interim Constitution of Nepal, 2063 (2007) which ensures that state authority and sovereignty is vested in the people of Nepal, truthfully and impartially carry out of duties and responsibilities of the ……………….(office), putting myself strictly within the limits of the prevailing laws, always thinking the good of the country and the people in high esteem, without fear, biasness, prejudice or ill-will and I also do hereby solemnly pledge that I shall not disclose in any manner any matter coming to my knowledge in the course of discharging my official duty whether or not I remain in office, except while being obliged by the prevailing law.
Date: Signature:

Remuneration, Facilities and Conditions of Service of Judges of Court of Appeal and District Court Act, 2048 (1992)

Remuneration, Facilities and Conditions of Service of Judges of Court of Appeal and District Court Act, 2048 (1992)

Date of Authentication and Publiction

2049.1.8 (20 April 1992)

 

Amendments:
1. Some Nepal Acts (Amendment) Act, 2049 (1992)2049.5.11 (27 Aug. 1992)
2. Remuneration, Facilities and Conditions of Service of  Judges of Court of Appeal and District Court (First Amendment) Act, 2049 (1992)2049.6.28 (14 Oct. 1992)
3. Remuneration, Facilities and Conditions of Service of Judges of Court of Appeal and District Court (Second Amendment) Act, 2051 (1995)2051.11.29 (13 March 1995)
4. Amending Some Nepal Acts to Maintain Gender Equality Act, 2063 (2006)2063.7.17 (2 Nov. 2006)
5. Some Nepal Acts Relating to the Remuneration, Terms of Service and Facilities of the Judges (Amendment) Act, 2064 (2008)2064.10.10 (24 Jan. 2008)
6. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010)2066.10.7 (21 Jan. 2010)

Act Number 3 of the Year 2049 (1992)

 An Act made to arrange Remuneration, Facilities and Conditions of Service of Judges of Court of Appeal and District Court

Preamble: Whereas, it is expedient to make legal provisions on the remuneration, facilities and other terms of service of Judges of the Appellate and District Courts;
Now, therefore, be it enacted by the Parliament in the Twenty-first year of the reign of His Majesty King Birendra Bir Bikram Shah Dev.

2. Definitions

2. Definitions:

Unless the subject or the context otherwise requires, in this Act :
(a) “Judge of Court of Appeal” means the Chief Judge and a Judge of a Court of Appeal appointed pursuant to Article 109 of the Interim Constitution of Nepal, 2063 (2007), and this term also includes the Additional Judge of the Court of Appeal.

(b) “Judge of District Court” means the Judge of a District Court appointed pursuant to Article 109 of the Interim Constitution of Nepal, 2063(2007), and this term also includes the Additional Judge of the Court of Appeal.

(c) “Judge” means a Judge of a Court of Appeal and a District Court.

2A. Computation of age

2A. Computation of age:

In computing the age of a Judge on the following ground for the purposes of Sub-clause (b) of Clause (10) of Article 109 of the Constitution, the age shall be computed on the basis of the age by which he or she gets retired earlier:

(a) The age to be set on the basis of the day or year of birth mentioned in the educational institute certificate submitted by him or her,
(b) The age to be set on the basis of the day or year of birth mentioned in his or her citizenship certificate,
(c) The age to be set on the basis of the day or year of birth mentioned in his or her sheet roll.

3. Remuneration of Judges

3. Remuneration of Judges:

The Chief Judge of a Court of Appeal shall be entitled to a monthly remuneration of Twenty Four Thousand Three Hundred Rupees, and the Judge of a Court of Appeal shall be entitled to a monthly remuneration of Twenty Two Thousand Eight Hundred Rupees, and the Judge of a District Court shall be entitled to a monthly remuneration of Eighteen Thousand Eight Hundred Rupees.

6. Accommodation

6. Accommodation:

(1) Government of Nepal shall make arrangement for a governmental building for the housing of a Judge who does not have an appropriate building of his or her own in the place where the Court of Appeal or the District Court is situated.

(2) Where a governmental building is not arranged pursuant to Subsection (1), the Judge who resides in a rented house shall be entitled to the following amount for house rent per month:                                                                                                                                                                                                                                                                (a) Twelve Thousand One Hundred Fifty Rupees for the Chief Judge of the Court of Appeal,
(b) Eleven Thousand Four Hundred Rupees for the other Judge of the Court of Appeal,
(c) Nine Thousand Four Hundred Fifty Rupees for the Judge of the District Court,

(2a)The Chief Judge and other Judge of the Court of Appeal and the District Judge who resides in his or her own house shall be provided with One Thousand Five Hundred Rupees, One Thousand Two Hundred Rupees and One Thousand Rupees, respectively, per month for sanitation and maintenance of the house.

(3) The Judge who shall be entitled to enjoy the facility provided pursuant to Sub-section (1) or (2) until Seven days after the date of completion of his or her term of office.