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20. Provision Relating to Secretary

20. Provision Relating to Secretary

: (1) There shall be a Secretary to work as the administrative chief of the Commission.
(2) Government of Nepal shall assign to any Gazetted Special Class Officer  of the civil service to work as the Secretary of the Commission.

21. Functions, Duties and Power of the Secretary

21. Functions, Duties and Power of the Secretary:

In addition to the provision contained elsewhere in these Rules functions, duties and powers of the Secretary
shall be as following:
(a) To work as an administrative chief of the commission,
(b) To receive necessary documents from the concerned body required to appeal, application, and complaint submitted before the Commission or for other purpose,
(c) To inquire with the documents attach with the appeal, application and complaint,
(d) To execute or cause to execute the decision and order made by the commission.
(e) To correspond or cause to correspond on behalf of the commission, if any contact is to be made with public body.
(f) To cause to deposit the fees and amount collected by the Commission to the government fund.
(g) To submit the appeal, application and complaint before the Commission after necessary inquiry.
(h) To perform or cause to perform the promotional activities that has to be performed by the Commission.
(i) To carry out other functions related with or as prescribed by the commission.

22. Complaint against the order made by the Secretary

22. Complaint against the order made by the Secretary:

(1) A person who is not satisfied with the order issued by the secretary in relation to the appeal, application
and complaint registered before the commission pursuant to the Act and these Rules shall submit a complaint before the Commission within 15 days from the date of such order issued.
(2) In case of any complaint is registered pursuant to Sub-Rule (1), the Commission shall finalize it within seven days after making necessary investigation thereon.

23. Duration for making decision or providing information

23. Duration for making decision or providing information:

(1) The Chief shall  finalize the complaint registered pursuant to Sub-section (1) of Section 9 within  seven days after necessary inquiry.
(2) While making an inquiry over the application pursuant to Sub-Rule (1), if it is found that the information has to be provided to the person who registered complaint pursuant to Sub-section (2) of Section 9, the Chief shall issue an order to the concerned Information Officer to provide information by giving seven days  of time in maximum from the date of finalization of such complaint.

24. Procedure to submit a complaint in relation to misuse of information

24. Procedure to submit a complaint in relation to misuse of information:

(1)Any person, who obtained an information from any public body, has misused an  information not using it for the purpose that was received, the concerned public body shall submit a complaint before the Commission within thirty five days of information received about the misuse of such information.
(2) While investigating such complaint received pursuant to Sub-rule (1), if it is found that information was misused by such person, the commission shall punish such a person pursuant to the Act.
(3) Before imposing any punishment if the Commission thinks appropriate, it may call upon such person before the Commission and record the statement.

25. Directives may be issued

25. Directives may be issued:

(1) The commission may frame and issue necessary  Directives to carry out its activities smoothly.
(2) Directives issue may pursuant to Sub-rule (1) will have to be published  publicly.

Schedule

Schedule
(Relating to Sub-rule 1 of Rule 5)
An Appeal Submitted before National Information Commission
Via: ………………………….. Office.
……………………………………………………………………. Appellant
Versus
………………………………………………………………….. Respondent
Subject:
Chief of …………………………. a public body Mr. …………………… decided date
on…………………………. as not to provide information me/us on ………………
matters; but I/we are not satisfied with the decision on following ground and reasons,
therefore, I/We hereby submitted this appeal within 35 days of time given by the Act.
(a) …
(b) …
(c) …
(d) …
Statement written herein above is true and correct, if found wrong will be borne as per
the law.
Enclosed documents:
(a) A copy of decision taken by the Chief of public body.
(b) …….
(c) …………
…………………………………..
Signature of the Appellant
Date:

1. Background

Drug abuse and its illicit trafficking is a matter of multilateral concern. This is not only a problem of any specific place, country or region but appears to be a common problem of world human community. Almost all the countries of the world suffering from his problem. The problem of drug abuse in Nepal has become more complex owing; inter alia, to the arrival of the so-called hippie culture since the beginning of the 1990s. The number of drug users in Nepal was estimated to be more than fifty thousand as early as Ten years ago. Due to unplanned urbanization, increase
in the effects of organized crime network and expansion of so-called urbanization, it can be estimated that, this number has increased executively on recent days. This problem appears to be prevailing increasingly in almost
all urban areas including Kathmandu Valley, Pokhara and Dharan and market areas of Nepal, India border. Particularly, the trend of drug abuse and its addictions is increasing among the youth belonging to the vulnerable groups. On the other hand, the Drug users who confined themselves to the use of cannabis, cocaine and heroine, in the past, have now started using drugs by way of syringe since the beginning of 1990s. As a result of a
change taking place in the mode of multi-drug use and addiction, the drug users have been increasingly infected from dangerous diseases such as malnutrition, anemia, hepatitis, venereal disease and HIV/ AIDs. On the
whole, since the proportion of HIV infections appears higher among the injecting drug users, the likelihood of HIV infection by the drug users groups to their own families and other persons has increased.
The problem of drug addictions is increasing even among the women in urban areas. Those women who have got trapped in addiction have to face family and social boycotting, so they do not disclose it to anyone. Most of the female drug users are found to be engaged in flesh trade and drugs
dealing as a means of their income to continue their addiction. So, various studies make it clear that HIV infection is significantly increasing among
the female drug user sex workers. Since they rarely avail themselves to treatment and rehabilitation services it appears difficult to obtain adequate information and data about them. Until 1960s the misuse of and trafficking in drugs was confined to some cough medicines containing opium and psychotropic medicines but from beginning of 1990s the misuse of narcotics and psychotropic medicine has been increasing among the youths. The drug abuse appears to be increasing more and more since drugs are easily available, cheaper and is effective for a long time. Despite the fact that the Drugs Control and law enforcement agencies are active in preventing and controlling the illicit drug trafficking, cannabis farming and its sell, this problem has not been done away with. On the
contrary, it appears to have become more complex day-by-day. The activities of organized mafia involved in the illicit trafficking of drugs appear to have increased more in border areas. Heroine that is consumed at the local level or transported to other countries in illicit manner via Nepal appears to enter both through land and air routes. Also, due to the geographical location of Nepal which remains near the Golden Triangle and Golden Crescent, a major centre of production and trafficking in opium, the international drug mafia has been using the territory of Nepal as a transit point for illicit transaction and there is a strong possibility that it can be used more frequently in the future.

2. Rationale

Increase involvement of adolescents in addiction, increase in multidrug use, rising trend in addiction through syringe and rising sexual infections inclusive of HIV and criminal activities among and by the drug users have further aggravated and complicated the problem. If this human Increase involvement of adolescents in addiction, increase in multidrug use, rising trend in addiction through syringe and rising sexual infections inclusive of HIV and criminal activities among and by the drug users have further aggravated and complicated the problem. If this human 

3. Vision

The vision of this policy is “Attainment of Healthy and prosperous Society Free from Drugs Addiction”

4. Objectives

4.1 To prevent and control illicit farming, production, transportation and sale of drugs, and reduce crimes related with it.

4.2 To mitigate the incidence of drug abuse among the vulnerable groups.

4.3 To increase the access towards standard, reliable and dependable treatment and rehabilitation services.

4.4 To control and mitigate the risk of infections such as HIV, hepatitis and venerable disease among the drugs users, their families and communities.

4.5 To maintain harmony amongst other policies related directly or indirectly with the prevention and control of drugs.

4.6 To foster extensive participation with collaborations and partnership in the prevention and control of narcotics.

5. Policy Strategies

The following polices shall be pursued for the attainment of the aferesaid objectives:

5.1 Supply control:

5.1.1 The illicit farming and production of cannabis and opium shall be restricted and controlled.

5.1.2 Illicit transport, sale and distribution of drug shall be controlled.

5.1.3 In order to destroy the organized network of international mafias involved in the illicit transaction of drugs,
cooperation, coordination and collaboration shall be fostered at inter-country, regional and international levels.

5.1.4 The united Nations and regional conventions shall be ratified; and implementation there of shall be provided for by making corresponding legal provisions.

5.1.5 A capable and efficient regional network shall be built by exchanging information and transferring skills, capacity and technology amongst the law enforcement agencies of the SAARC countries.

5.1.6 Various controlling measures shall be adopted to prevent illicit trafficking of narcotic drugs taking place in border areas.

5.1.7 Emphasis shall be laid on the development of human resources and work specialization for the prevention and
control of narcotic drugs.

5.1.8 The capacity of the agencies engaged in and associated with the implementation of narcotics control laws shall be enhanced as well as expanded.

5.1.9 Production, import, transport, sale and distributions method narcotic and psychotropic medicines used in the
medical treatment shall be made effective through coordination, monitoring and evaluation.

 

5.2 Demand Reduction:

5.2.1 Drug Abuse Prevention

a) A programme on prevention of narcotic addiction shall be launched as a national for the campaign targeted groups at risk on prevention of drug addiction by bringing about participation of all
sectors in an extensive and comprehensive manner.

b) Gender mainstreaming shall be promoted during the formulation and operation of all kinds of programmes.

c) The curriculum included in the school level for the prevention and control of drugs shall be updated; and the subject of prevention and control of drugs shall also be included in the teachers’ training curriculum.

d) The status of consumption, misuse and addiction of narcotics shall be identified based on the situation of consumption by narcotic users and appropriate technology and method shall be applied. In addition, various awareness programmes shall be operated in order to make the guardians of drugs users sensitive and aware
as to this matter.

 

5.2.2 Treatment and Rehabilitation:

a) The drug users’ access to the standard treatment and rehabilitation service shall be made easier without any discrimination based on gender or otherwise.

b) Skill-oriented and income-generated programmes shall be launched for for their inclusion in the family and society the of ex-drug users.

c) An effective and successful research work method in the field of treatment and rehabilitation shall be identified and encouraged.

d) The treatment and rehabilitation services provided by non-governmental organization shall be made simple, accessible, standard and reliable by the process of implementation, monitoring and evaluation of the minimum criteria.

e) The organizations and persons who render an outstanding contribution to the treatment and rehabilitation sector shall be identified and encouraged.

f) Social reintegration programmes shall be conducted to enable the drug users to spend a dignified life in the society after the treatment and rehabilitation.

5.3 Risk Reduction:

5.3.1 The basic health problems occurring among the drug users shall be identified and programmes to save the drug users themselves, their families, neighbours and other people in the community from such risk shall be promoted.

5.3.2 Measures shall be adopted for the prevention and mitigation of infections inclusive of HIV increasing among the drug users.

5.4 Research and Development

5.4.1 Study, research and development works on the matters of contemporary importance in the field of prevention and control of narcotic drugs shall be encouraged.

5.4.2 Periodic survey process shall be started for the purpose of obtaining factual and authentic information on the form, trend, prevalence, type, number, consequence and results of drug addiction in Nepal.

 

5.5 Collaboration, Partnership & Resource Mobilization:

5.5.1 Prevention and control of drugs programme shall be made sustainable by mobilizing local resources.

5.5.2 Partnership and collaboration between the government and private/ community/ professional/non-governmental /local bodies for the mobilization of resources of private and community organizations.

5.5.3 Support and participation of international organizations shall be encouraged towards the priority of the country and for the mobilization of the resources.

5.5.4 Network shall be developed at the national and local levels by maintaining coordination and harmonization with the network active at the international level.

5.5.5 Participation and collaboration shall be made extensive by promoting partnership among the governmental sector, private sector, religious sector, educational sector, civil society and local bodies.

6. Institutional Provision

6.1. There shall be formed a High-level Drug Control National Guidance and Coordination Committee as follows , for providing guidance and maintaining coordination and harmonization in order to make the
drug control activities efficient and effective:

1. Honorable Minister for Home Affairs -Chairperson

2. Secretary, Ministry of Home Affairs -Member

3. Secretary, Ministry of Finance -Member

4. Secretary, Ministry of Foreign Affairs -Member

5. Secretary, Ministry of Information and Communications

6. Secretary, Ministry of Education and sports -Member

7. Secretary, Ministry of Women, children and social welfare

8. Secretary, Ministry of Health and population -Member

9. Secretary, Ministry of Law and Justice -Member

10. Secretary, National Planning Commission secretariat -Member

11. Inspector General of Police, Police Headquarters -Member

12. Chief, National Investigation Department -Member

13. Representative, Eight persons from national and international non-governmental Organizations (Comprising at least three women representatives) -Member

14. Chief Narcotics Control Officer -Member-Secretary

6.2 There shall be a Drug Control Executive Committee as follows to bear responsibility of resolving and doing away with the problems at the implementation level by having effective coordination and harmonization of the implementation of drug control programmes and monitoring and evaluating the activities :

1. Secretary, Ministry of Home Affairs -Chairperson

2. Joint secretary, Ministry of Education and sports -Member

3. Joint Secretary, Ministry of Women, Children and Social Welfare -Member

4. Joint Secretary, Ministry of Law and Justice -Member

5. Director General, Department of Customs -Member

6. Director, Department of Drug Administration -Member

 

7. Legislation

The existing narcotic drug control legislation shall be improved in order to make it adequate, strict, appropriate from humanitarian perspective and enforceable in consonance with the commitments made by the country at the General Assembly of the United Nation and other conferences and under the United Nations and regional convention for the prevention and control of narcotics. Moreover, necessary laws shall also be made on matters such as control of money laundering and witness protection and precursor chemicals.

8. Policy Reforms

The policy shall be reviewed and improved, as required, in every Five years in order to make it timely and inclusive, taking into consideration the dynamism of the addiction to, illicit production, transportation, pattern, intensity and results, among others, of drug, and of the need to make timely improvements

9. Policy Implementation

9.1 Necessary sectoral and thematic strategies and plans of action shall be formulated by maintaining coordination and harmonization with all relevant parties for the implementation of the policy.

9.2 The bodies responsible for the implementation of this policy shall formulate their respective annual programmes and budget.

9.3 Since drug abuse is a cross-cutting issue, its prevention and control shall be mainstreamed in various plans, policies, working policies and programmes.

9.4 Priority shall be accorded to this issue in bilateral relations with friendly country India and various inter-boundary practices.

Schedule-1

Schedule-1
Relating to Rule 3(1)
Application for Marriage
To
Marriage Registration Officer,
……………………………………..
Sir/Madam,
We the following (persons) are interested to conclude marriage between ourselves pursuant to the Marriage Registration Act,
2028 (1971) therefore, we, hereby, submit this application. Conclusion of marriage between ourselves shall not be in against of the
prevailing Nepal Law and Section 4 of the Act. We request to conclude our marriage pursuant to the Act. We, hereby, agree to face
the legal consequences if the details mentioned hereunder are found false

 

4. Strategies:

The following strategies shall be adopted to fulfill the aforesaid
objectives:

4.1 The Government to function as a promoter, facilitator and regulator.

4.2 To create a conducive environment by means of encouraging and working as a regulatory structure for the development and research of prerequisite infrastructure in biotechnology and the
sector relating thereto.

4.3 To establish biotechnology-based industries on the basis of national requirement, market demand and regional characteristics, and encourage as well as provide concession to such industries.

4.4 To make necessary legal provisions for the development and commercialization of biotechnology.

4.5 To develop a cluster, incubator and network and prepare critical mass for the research, commercialization and use of biotechnology.

4.6 To facilitate a venture capital fund and flow of bank loan to be provided for the biotechnology-based industries.

4.7 To ensure such matters as intellectual property right, bio-safety, bio-surveillance and bio-ethics.

4.8 To encourage for continuous research with a view to using biotechnology in tissue culture, forest, agriculture and food grains, herbs, mushroom production and processing system including animal and human health system.

4.9 To identify the needs of rural people involved in biotechnology based activities by means of regular monitoring and public awareness, and make necessary provision accordingly.

4.10 To promote participation of private sector and give high priority to research, development and expansion of biotechnology.

4.11 To maintain and manage the records on the achievement of biotechnology.

4.12 To draft laws on the ownership of biotechnological resources of Nepal.

4. 13 To develop indicators to measure public benefit as may be provided by biotechnology for sustainability, natural resource management, environment and biodiversity conservation, and make such benefits to the public.

4.14 To provide timely information about actual condition on size, trend and quality standard of the market of genetically modified and not modified products and consumer’s feeling thereon.

4.15 To encourage the study of biotechnology in secondary schools
and different levels of university.

Chapter 8

Chapter 8
Compensation and other provisions
45. May file an application for realizing Compensation : -In case anyone wishes to
realize compensation from any individual, institution or proponent under section
17 of the Act, he/she may Submit an application to the concerned Chief District
Officer mentioning the type of loss suffered by him/her as a result thereof, and the
amount of compensation sought by him/her.
(2) In case an application is received under Sub Rule (1), the Chief
District Officer shall conduct investigation into it, as well as, into the actual
situation prevailing at the concerned place, as required, and also seek the opinion
and suggestion the concerned officer in the district of the inspector, if any, deputed
to district, and then evaluate the actual loss suffered by the applicant.
(3) If, for any reasons the loss cannot be evaluated under Sub- Rule (2) the
Chief district Officer shall forward the application to the concerned body for its
suggestion on the Matter within 30 days from the rate of receipt to the application.
(4) In case an application is received under Sub Rule (3) the concerned
body shall conduct necessary investigation and study the actual prevailing
situation as required, and send back the application to the concerned Chief District
officer along with its opinion and suggestion

(5) In case the loss has been evaluated under Sub-Rule (2) the Chief
District officer shall determine the amount of compensation accordingly and in
case the suggestion to the concerned body has been sought, the Chief District
Officer shall do so after receiving the suggestion under Sub-Rule (4)
(6) In case an application for compensation has been forwarded to the
concerned body under Sub Rule (3), the chief District Officer shall take a decision
in respect to payment of compensation within 15 days from the date of receipt of
suggestion from the concerned body and in case the application for compensation
has not been forwarded to the concerned body by the Chief District officer shall
take decision regarding the compensation within Six days of application.

(7) In connection with the determination of the amount of compensation,
the Chief district Officer shall have the powers to summon the concerned
individual, institution or proponent, record his/its statement, order for the
Submission of any document equipment machinery etc, and enter into and
investigate from where pollution, noise, heat or gases has been created or emitted.
(8) The amount of the compensation determined by the Chief District
Officer under this Rule shall be appropriate and reasonable.
46. Amount of Compensation to be paid within the prescribed time limit: (1) The
concerned individual, institution or proponent shall to pay the amount to the
concerned individual or intuition within Thirty days from the date of
determination of the amount compensation under Rule 45.
(2) In case the concern individual, institution or proponent Submits an
application for extension time limit of prescribed in Sub-rule (1) explaining
appropriate reasons for his/her it’s failure to pay the amount of compensation
within the prescribed time limit and in case the reasons mentioned in the
application are found to be appropriate, the Chief District Officer may extend the
time limit no exceeding Thirty days for one time.

47. Compensation to be Realized from the property : (1) In case the concerned
individual, institution or Proponent flails to pay the amount of compensation
within the time limit prescribed in Rule 46 , the individual or institution which is
to receive compensation, may Submit an application to the chief District Officer
within three months from the date of expiry of the said time limit, with a request to
have the amount of compensation be realized, identifying the property belonging
to such individual, institution or proponent.
(2) In case an application is received pursuant to Sub- Rule (1), the Chief
District Officer shall action the property of the individual, institution or proponent

who is to pay the amount of compensation in accordance with the existing laws,
cause to pay the amount of compensation and hand over the remaining balance to
the concerned individual, institution or proponent if he /it approaches him/her for
the same by fulfilling the formalities laid down by the existing laws.
48. Designation of Authority empowered to inflict punishment : (1) In case any
individual or institution take any action without having a proposal relating to
initial environmental examination approved under Section 4 of the Ac, the
concerned body shall be the authority empowered to punish him/her it under SubSection
(1) of Section 18 of the Act.
(2) In case any individual or institution takes any action without having a
proposal relating to environmental impact assessment under Section 4 of the Act,
the ministry shall be the authority empowered to punish him/her it under Sub-
Section (1) of Section 18 of the Act.
(3) In case, any industry commences its operation without obtaining a
certificate pursuant to Rule 16 or in case any individual, institution or industry
does not control pollution, or emits wastes even after being notified not to do so
under Rule 18, the concerned body shall be the authority empowered to punish

him/her it under Sub-Section (2) of Section 18 of the Act.

(4) In case anyone does follow the order issued pursuant to Sub-rule (2) of
Rule 23, the Ministry shall be the authority embowered to punish him/her under
Sub-Section (2) of Section 18 of the Act.
(5) In case anyone pursuant to Rule 28 who causes any loss or damage to
the object , site, plant, animal etc. incorporated in the inventory or coming under
national heritages, the concerned body shall be the authority empowered to punish
him /it under Sub- Section (2) of Section 18 of the Act.
(6) In case anyone does anything without obtaining permission under Rule
32, or in contravention of the prescribed conditions, the concerned body shall be
the authority empowered to punish him/it under Sub-Section (2) of Section 18 of
the Act.
(7) In case, anyone commits any Act, except provided in this Rule here
above, in contravention of the Act or any other Rules, the Ministry shall be the
authority empowered to punish him/her it pursuant to Section 18 of the Act.
49. Power to Grant rewards, commendation, letters or Logo : (1) The ministry
may grant a cash reward or a commendation letter to any individual or institution
for rendering significant contributions in matters concerning environmental
conservation control and conservation, prevention, pollution and protection of the

heritages as a token of respect.
(2) Any industry which renders significant contribution as mentioned in
Sub-Rule (1) the Ministry may grant an environment-friendly logo to such
industry, which may use it in its specific products.
(3) In case, any industry does not control and prevent pollution upon
violating of the Act or these Rules; the Ministry may impose a ban on the use of
the environment – friendly logo granted to it.
(4) The Ministry shall publish a public notice of the ban imposed under
Sub- Rule (3).

50. List of Environmental experts: The Ministry shall maintain an updated list of
the persons possessing special knowledge and experience in the field of
environment.
51 .Designating the Authority: The Ministry shall be the authority designated for
the purpose of Sub-Section (6) of Section 8 of the Act.
* 52 Delegation of powers: (1) The Ministry may delegate some of the powers
conferred to it under these Rules to the concerned body or Subordinate body or
any officer level employee as required.
(2) The concerned body may delegate some of the powers conferred to it
under these Rules to the Subordinate body or any other officer level employee as
required.
Provided that the concerned body shall not delegate the power of providing
opinion to the Ministry.
53. Applicability of these Rules: In matters provided for in these Rules, action shall
be taken accordingly and in other matters, action shall be taken pursuant to the
existing laws.

 

 

 

Schedule – 4

Schedule – 4
(Related with Rule 5)
Order for Fine
Issued by the Investigating Officer of the Office of ………………

Mr. ………………………, a resident of ……………………… has placed  obstacles by breaking out riot against the act of investigation and inquiry while entering into the place ………………… for seizure of goods and equipment related
with the stealing electricity, public inquiry and investigation in the course of  investigation and inquiry as per the information of the offence of stealing electricity  received by this Office on ………… pursuant to the Electricity Leakage Control Act, 2058 (2001) and the Electricity Leakage Control Rules, 2059 (2002) and the fine of
Rs. ………………… in words has been imposed on you pursuant to Sub-section (4) of Section 12 of the Electricity Leakage Control Act, 2058 (2001) for your said act. Now, therefore, this order has hereby been issued to you to pay the fine pursuant to Rule 5 of the Electricity Leakage Control Rules, 2059 (2002). In case you are dissatisfied with this order, you may submit an application before the distributor for review pursuant to Sub-section (1) of Section 13 of the Electricity Leakage Control Act, 2058 (2001) and Rule 15 of the Electricity Leakage Control Rules, 2059
(2002).

Investigating Officer’s
Signature:-
Date:-
Name:-
Designation:-

6. Chief of the Hospital

6. Chief of the Hospital:

The Medical Superintendent of the Hospital shall perform duties as an administrative chief of the Board.

8. Fund of the Board

8. Fund of the Board:

(1) The Board shall have a separate fund for its function and the following amounts shall be deposited in such fund:
(a) Amount received from the Gove rnment of Nepal,
(b) Amount received from services and facilities provided by the Hospital,
(c) Amount received from any person, organization, institution or national agency,
(d) Amount received as a loan or donation from the international organization, institution, foreign government or person,
(e) Amount received from any other sources.
(2) The Board shall have to take prior approval from the Government of Nepal before receiving the amount pursuant to Clause (d) of the Sub-section (1).
(3) All the expenditures to be expended in the name of the Board shall be borne from the Fund pursuant to Sub -section (1).
(4) The Board shall have to deposit the amount to be credited to the Fund by opening an account in any commercial bank within Nepal.
(5) The Fund of the Board shall be operated with the joint signature of Executive Director and a staff who works as a head of the accounts.

9. Delegation of powers

9. Delegation of powers:

The Board may, as per necessity, delegate any or all of its powers to any member or member-secretary of the Board.

14. Amendment

14. Amendment:

The words “Kanti Children Hospital” are hereby deleted from the Kathmandu, Bhaktapur and Lalitpur Hospital Board (Formation) Order, 2034 (1977).

Chapter – 4 Procedures Relating to Initial Inquiry or Investigation

Chapter – 4
Procedures Relating to Initial Inquiry or Investigation

11. Initial Inquiry:

In case the Commission deems, upon having studied the complaints relating to abuse of powers received at the
Commission, that initial inquiry has to be conducted, the Commission may conduct or cause to conduct initial inquiry on its own or by other governmental agency or organization or officials.

12. Investigation : (1) On the basis of gravity of the complaint filed at the Commission or on the basis of report of initial inquiry conducted pursuant to Rule 11, in case the Commission deems it necessary to conduct Investigation on such matter, it may designate Investigation Officer having prescribed the duration tocomplete the Investigation, necessary terms of reference relating to the Investigation and name of necessary support staffs.

(2) While appointing Investigation Officer pursuant to sub- rule (1), the appointment shall be made in the format referred to in
Schedule-2.
(3) In case the Investigation could not be completed within the time limit prescribed pursuant to sub-rule (1), the concerned Investigation Officer shall request the Commission for extending the time limit or for direction having also stated the reasons therefor.

(4) In case it is requested for extending the time limit pursuant to sub-rule (3), the Commission may extend the time
limit along with necessary directives.

13. Change of Investigation Officer : In case an Investigation Officer appointed to conduct Investigation on any matter could not complete the task assigned to him/her for any reason whatever or  could not have time to complete the Investigation or the said Investigation could not be completed by him/her and the said subject-matter has to be investigated from another Investigation  Officer, the Commission may, having appointed another
Investigation Officer, cause to conduct Investigation again or cause to complete the Investigation on the matters yet to be  completed by the then Investigation Officer.

14. Notice to be sent for seeking explanation, inquiry, statement or information of experts : While seeking
explanation or calling for inquiry or statement in connection with Investigation on improper act or corruption committed by any person assuming public office pursuant to Sub-section (1) of Section 11 or Section 15 of the Act respectively, the Commission shall give notice in the format referred to in Schedule-3 and while
calling experts or person having information, it shall give information on the format referred to in Schedule-4.

15. Statement may be taken keeping in due date or in custody : n case the task of taking statement by the Commission of the person alleged to have committed abuse of powers could not be completed on one day alone, the Investigation Officer may take statement having him/her kept on due date or in custody until the
task of taking statement is completed. 16. Provisions Relating to Due Date: While keeping the accused person on due date by the Commission in connection with an Investigation, due date shall be given to him in the format referred
to in Schedule-6 having prepared due date receipt in the format referred to in Schedule-5. 17. Supplementary (tatimba) statement: The Commission may, in connection with Investigation, take supplementary (tatimba)
statement or additional information having called the accused or person having information. 18. Arrest warrant : In case the Commission has to arrest a person in connection with an Investigation, an arrest warrant shall be given
in the format referred to in Schedule-7.

19. Detention slip :

While detaining any person in custody as per prevailing laws in connection with an Investigation, detention slip
shall be given in the format referred to in Schedule-8. 20. Search :

(1) While conducting search and seizure in connection with inquiry and Investigation on a complaint of abuse of authority, the deed of entrance and deed of search and seizure shall be prepared as per the formats referred to in Schedule-9 and 10 respectively.

(2) In case the cash, kind or any other goods found from search and seizure conducted pursuant to sub-rule (1) has to be taken, a receipt of taking such cash or goods has to be prepared and given to the house-owner or owner of the cash or kind or the person taking the custody of the cash or kind, and if none of them  are found or they are found but denied to take the receipt, the cash or kind shall be taken having given the receipt to the representatives of the local bodies. In case even the representatives of local bodies are not present, the same content shall be mentioned in the deed of seizure and the receipt shall be affixed on the place of seizure and if such content is stated in the deed of search and seizure, it shall be deemed to have been accepted by the concerned person.

21. Seeking Security or Guaranty of Assets :

(1) While seeking security or guaranty of assets from the person accused of corruption, the Commission shall issue order to that effect in the format referred to in Schedule-11.

(2) While seeking security or guaranty of assets pursuant to  sub-rule (1), deeds have to be prepared in the format referred to in Schedule-12 and Schedule-13 as the case may be.

22. Office May be Maintained at Any Place : The Commission may, in course of an inquiry and Investigation, maintain its office in any office or at any place in addition to its own office.

23. Report to be submit t ed :

(1) The Investigation Officer shall, upon completion of task of Investigation, submit report along with
his opinion having analyzed the collected evidences and the actual   position seen therefrom.

(2) On the basis of the report submitted pursuant to sub-rule (1), if it is found that the Investigation Officer has caused any procedural error or any other error while conducting the Investigation, the Commission may give order to rectify such error or it may itself examine the files and documents.

24. T o be Referred to for Keeping Record:

(1) In case the Commission has a warn to any person assuming public office, it shall be referred to the following offices for keeping its record: –

(a) In case of any official of political appointment, to the cabinet secretariat;
(b) In case of employees, to the concerned authority
(c) In case of persons other that those referred to in Clauses (a) and (b), to the authority prescribed by the
Commission.
(2) It shall be the duty of the concerned official/authority to maintain an updated record as referred to it pursuant to sub-rule (1).
25. Other Necessary Actions :

The Commission may, for the purpose of section 12A. of the Act, use the following actions as other
necessary actions
(a) To recover the amount,
(b) Not to appoint to the post of public responsibility for a period up to two years,
(c) Not to assign to the works of such responsibility for a period of two years in maximum,
(d) Not to entrust responsibility of making administrative and
financial decisions for upto two years,
(e) To prohibit to take part in foreign trainings, studies and seminars for up to a period of two years,
(f) To prohibit to perform any specific functions for uptoa  period to two years,
(g) Other actions deemed to be appropriate by the Commission.

26. To File a case:

Upon having decided by the Commission to file case of corruption, the concerned Investigation Officer shall file
the case to the concerned court having prepared the charge-sheet in the format referred to in Schedule-14.

27. Matters to be stated in Charge Sheet :

(1) While filing case relating to corruption, the following matters have to be stated in the charge sheet to the extent possible: –
(a) Name, surname, age of the accused along with his/her permanent and temporary, other contact address and
name of the grandfather and father and in case of a married woman, name of the husband;
(b) Duties, responsibilities, powers, date, position at the time of commission of corruption by a person holding
a public post;
(c) The matters or facts of the charges or accusations;
(d) The related law,
(e) Analysis of laws and facts,
(f) Matters of negligence, recklessness or mala fide intention,
(g) If unlawful gain or loss is caused, the matters showing to whom the gain or loss is caused,
(h) Amount of loss caused or attempted.
(i) Bases of determining the degree of culpability,
(j) Claim of punishment,
(k) Other relevant necessary matters
(2) In case a person is missed to have been charge sheeted pursuant to bus-rule(1), the Commission may file an additional charge sheet.
28. Notice of filing of a case : Upon filing a case against the person assuming public office, the Investigation Officer shall, within three days from the date of filling the case, give notice thereof to
the concerned authority.

29. Procedures relating to Appeal and Review :

(1) Upon receipt of a copy of the judgment after the verdict in the case filed by the
Commission and upon studying the judgment, the government attorney engaged in the Commission or the Legal Practitioner appointed for the same task or the concerned Officer shall submit is/her opinion to the Secretary whether or not an appeal or a review petition has to be filed. (2) With regard to the opinion received pursuant to sub-rule

(1), the Secretary shall submit the same to the Commission along with his/her comment or opinion, if any.

(3) The Commission shall decide whether or not to file appeal or review petition on the bases of the facts of the case, the relevant law, judgment of the court and opinions submitted pursuant to sub-rules (1) and (2).

(4) In case the Commission decides to file appeal or petition for review, the Commission shall, through the government attorney of the Commission or the Legal Practitioner appointed for the said work or the concerned Officer, file appeal or review petition to the concerned court.

9. Delegation of powers

9. Delegation of powers:

The Board may, as per necessity, delegate any or all of its powers to any member or member-secretary of the Board.

12. Power to give direction

12. Power to give direction:

The Government of Nepal may give necessary direction to the Board, and it shall be the duty of the Board to abide by the direction so given.

4.1 Approval of the Department has to be obtained

4.1 Approval of the Department has to be obtained:
4.1.1 Any person or Association willing to install telephone and electricity, to dig the land for drinking water and sewerage, to construct and repair the road, 9 … … …………, to celebrate festival and fare, to conduct musical dance programme or to park vehicles or to place poster or photograph pursuant to Sub-section (5) of Section 3 of the Act, shall have to submit an application to the Department, for its approval in a format as prescribed in
Schedule-1.

4.1.2 If an application pursuant to Sub-rule 4.1.1 is filed, the Chief Archaeological officer shall, upon conducting necessary investigation on the matter, owing to the construction work pursuant to Sub-rule 4.1.1 does not hamper to the monuments conserved zone, provide approval for such work in a format as prescribed in Schedule-2.

4.11 Fund Operation Committee:

4.11 Fund Operation Committee:

4.11.1.In order to operate the fund for the purpose of Sub-rule 4.10.3 of Rule 4.10 there shall be a Fund Operation Committee comprising as follows :-
4.11.1.1 Secretary, Ministry of Culture, Tourism and Civil Aviation – Chairperson
4.11.1.2 Director General, Department – Member
4.11.1.3 Representative, Ministry of Finance – Member
4.11.1.4 Representative, Central Teaching Department of Culture and  Archaeology, Tribhuvan University – Member
4.11.1.5 A person nominated by Government  of Nepal from amongest the persons
involved in non- governmental organizations working in the field of conservation of ancient monuments – Member
4.11.2.The tenure of the office of the person nominated in accordance with Sub- rule 4.11.1.5 shall be for One year. He/she may be renominated for another one term.
4.11.3The amount of the fund shall be deposited in any commercial bank by opening an account as prescribed by the Fund Operation Committee. Such account shall be operated by Joint signature of,  the Director General of the Department and an officer of the Department as prescribed by the Fund Operation Committee.

4.11.4 The Department may designate any officer to carry-out the work of the secretary of the Fund Operation Committee.

4.12 18
… … …
4.13 19
… .. …

8. Qualification of Postal Agent, Delivery Person and Mail Carrier

8. Qualification of Postal Agent, Delivery Person and Mail
Carrier:

A person without the following qualification cannot be
appointed to the post of postal agent, delivery person and mail carrier of
the additional post office:
(a) Nepali citizen.
(b) Completion of 16 years of age.
(c) Not being convicted of the criminal offence of moral turpitude
from the court.
(d) Literate in Nepali and knowledge of Roman scripts also.
(e) General knowledge of mathematics.
Provided that, the knowledge of Roman scripts and
general knowledge of mathematics shall not be compulsory for
the mail carrier.