Armed Police Force Act, 2057 E

Armed Police Force Act, 2058 (2001)
Date of Authentication and
Publication in Nepal Gazette
2058.5.6 (22 Aug. 2001)
Amendment:
Republic Strengthening and Some Nepal
Laws Amendment Act, 2066 (2010)1 2066.10.7 (21 Jan. 2010)
Act Number 3 of the Year 2058 (2001)
An act made to establish and operate the Armed Police Force

Preamble: Whereas, it is expedient to establish and operate the armed police
force for the protection of life, property and liberty of the people by
maintaining peace and order in Nepal,
Now, therefore, be it enacted by the Parliament on the First year of
reign of His Majesty King Birendra Bir Bikram Shah Dev.
Chapter-1
Preliminary
1. Short Title and Commencement: (1) This Act may be called "Armed
Police Force Act, 2058 (2001)."
(2) This Act shall come into force immediately.
1 This Act came into force on 15 Jestha 2065, "Prasasti" and the word "Kingdom" has been
deleted.


2. Definition: Unless the subject or context otherwise requires, in this
Act,-
(a) "National Security Council" means National Security Council
pursuant to Article 118 of the Interim Constitution of Nepal,
20632.
(b) "Central Security Committee" means the Central Security
Committee pursuant to Section 7.
(c) "Armed Police Service" means the service under Armed Police
Force formed pursuant to Section 3.
(d) "Armed Police" means a person appointed to the Armed Police
Force.
(e) "Armed Police Officer" means an Armed Police Assistant
Inspector and an Armed Police Officer of superior rank.
(f) "Gazetted Officer" means Armed Police Inspector and an Armed
Police Officer of superior rank.
(g) "Commission" means the Armed Police Service Commission
constituted pursuant to Section 11.
(h) "Authority" means an officer empowered to appoint pursuant to
Section 13.
(i) "Other Police" means police under the Police Act, 2012 (1957)
(j) "Armed Police Special Court" means the Armed Police Special
Court constituted Pursuant to Sections 28 or Section 29.
(k) "Armed Mutiny" means an act to jeopardize the sovereignty,
integrity or the national unity of Nepal with an intention to create


obstacles or overthrow the government or create hurdles into the
functions of Nepal by using arms and ammunition.
(l) "Prescribed" or "as prescribed" means prescribed or as prescribed
in Rules framed hereunder.
Chapter-2
Formation and Operation of Armed Police Force
3. Formation of Armed Police Force: (1) An Armed Police force is,
hereby, formed in Nepal.
(2) The number of posts to be contained in the Armed Police
Force formed pursuant to Sub-section (1) shall be as prescribed by
Government of Nepal.
(3) Armed Police Inspector General shall be the Chief of the
Armed Police Force.
(4) The Headquarters of the Armed Police Force shall be located
in the Kathmandu Valley and offices subordinate thereto shall be as
prescribed.
4. Oversight, Control and Directives: (1) Government of Nepal shall
have powers to oversee, control over and provide directions to the
armed police.
(2) Government of Nepal may delegate the power conferred on it
pursuant Sub-section (2) to any sub-ordinate officer, as per necessity.
(3) It shall be the duty of armed police to abide by the order and
direction issued by Government of Nepal and the competent authority
as referred to in Sub-section (2).
2 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.


5. Administration of the Armed Police: The Armed Police Force shall
be administered by the Armed Police Inspector General and other
prescribed armed police officers subject to this Act and the Rules
framed hereunder and other prevailing laws and directions of
Government of Nepal from time to time.
6. Operation of Armed Police: (1) Government of Nepal shall operate
the armed police for the purpose of carrying out the following functions:
(a) To control an armed struggle occurred or likely to
occur in any part of Nepal,
(b) To control arm rebellion or separatist activities or
likely to occurred in any part of Nepal,
(c) To control terrorist activities occurred or likely to
occur in any part of Nepal,
(d) To control riots or likely to occur in any part of
Nepal,
(e) To render assistance to the relief of natural
calamities or epidemic occurred or likely to occur
in any part of Nepal,
(f) To relief an abducted person in case where a citizen
of Nepal or any person is abducted or to control
heinous or serious crime if such is committed or a
disorder of serious nature has occurred or likely to
occur in Nepal,
(g) To maintain security in border area of Nepal,
(h) To provide assistance in case of external
intervention being under the Nepalese Army,


(i) To provide security for building, structure and
other place of public importance as prescribed by
Government of Nepal,
(j) To provide security to person and prescribed
institutions etcetera as prescribed by Government
of Nepal,
(k) To carry out other functions as referred to in this
Act, Rules framed hereunder or as prescribed by
other prevailing laws,
(l) To carry out other functions as prescribed by
Government of Nepal from time to time.
(2) In cases, Government of Nepal has mobilized armed police in
any part of Nepal, the National Security Council and Central Security
Committee shall be notified at least once a week about the number of
armed police mobilized in that area and the functions and activities
carried out by the armed police.
(3) Government of Nepal may delegate the power conferred to
Government of Nepal pursuant to Sub-section (1) to Special Class
Officer as per necessity.
(4) In cases, the competent authority pursuant to Sub-section (3)
has mobilized armed police in any part of Nepal, Government of Nepal
shall be notified at least once a week about the number of the armed
police mobilized in that area and the functions and activities carried out
by the armed police.
(5) Upon receiving information pursuant to Sub-section (4),
Government of Nepal shall notify into the National Security Council
and Central Security Committee.


7. Central Security Committee: (1) There shall be a Central Security
Committee consisting of the following Chairperson and members to
provide necessary suggestion to Government of Nepal for the purpose of
Sub-section (1) of Section 6:
(a) Home Minister or State Minister - Chairperson
(b) Brigadier (Baladhikrit), Nepal
Army - Member
(c) Secretary, Ministry of Defence - Member
(d) Secretary, Ministry of Home
Affairs - Member
(e) Inspector General of Police - Member
(f) Armed Police Inspector General - Member
(g) Chief National Investigation
Department - Member
(h) Joint Secretary, Ministry of
Home Affairs - Member Secretary
(2) Other concerned officers may be invited in the meeting of the
Central Security Committee, as per necessity.
8. To be under the Control of Nepal Army: In case, the Nepal Army
is mobilized to maintain peace and order in any part of Nepal, during
the period of mobilization of Nepal Army the armed police of the
concerned place shall be under the control of the Nepal Army.




Chapter-3
Terms and Conditions of Services
9. Post and Tenure of Service: (1) There shall be an Armed Police
Inspector General and other posts as prescribed in the Armed Police
Service.
(2) The tenure of the Office of Armed Police Inspector General
shall be Four years and the tenure of office of other Gazetted officers
shall be as prescribed, as per necessity.
10. Filling of Vacancies: Vacancies of the Armed Police Force shall be
filled up as prescribed.
11. Armed Police Service Commission: (1) There shall be an Armed
Police Service Commission consisting of the following Chairperson and
members to make recommendation to Authority empowered to appoint
for appointment to the post of the Armed Police Services to be filled up
by open competition:
(a) Chairperson of the Public Service
Commission or a member of the
Public Service Commission designated
by him/her - Chairperson
(b) A person designated by Government
of Nepal from amongst the Special
Class Officer in the service of
Government of Nepal - Member
(c) Secretary, Ministry of Home Affairs - Member


(d) Representative (Special class), Nepal
Army -Member
(e) Armed Police Inspector General -Member Secretary
(2) The tenure of the Office of the Chairperson and member shall
be Four years and they shall be eligible for reappointment.
(3) Remuneration, terms and conditions of services and facilities
of the Chairperson and member of the Commission shall be as
prescribed.
(4) The commission shall make recommendation by examining
appropriateness of candidate by a procedure and on the basis as
prescribed to the authority empowered to appoint for appointment.
(5) The commission shall determine its procedure by itself.
(6) Other functions, duties and powers of the Commission shall
be as prescribed.
(7) The commission may entrust some of its powers, functions
and duties to its member or employee of Government of Nepal on the
condition that same shall be exercised and complied with subject to the
prescribed conditions.
12. To be Appointed on the Recommendation of the Commission:
Appointment to the post of Armed Police Service to be filled up by
open competition shall be made on the recommendation of the
Commission.
13. Appointing Authority: Gazetted Officer shall be appointed by
Government of Nepal and other armed police shall be appointed by
prescribed officer.


14. Qualification Required for Candidate: Minimum academic
qualification and other qualification required to be a candidate for the
post of armed police service to be filled up by open competition shall be
as prescribed.
15. Transfer and Promotion: Transfer and promotion of the Armed
Police Force shall be as prescribed.
16. To be Transferred: (1) Notwithstanding anything contained elsewhere
in this Chapter, Government of Nepal may, until the commission is
formed, transfer army personnel serving in the Nepal Army and police
personnel serving in other police service to armed police service and
make their placement and their service in the army and police shall be
counted in the armed police service.
(2) Armed police shall not be transferred to the Nepal Army or
other police service and army personnel of Nepal Army and police
personnel of other police service shall not be transferred to the armed
police service after the Commission is constituted.
17. Oath: Every armed police shall be required to take an oath in the
prescribed format before undertaking the charge.
18. Retention of Lien: The Armed Police shall continue to have lien over
his/her post in the following circumstances:
(a) Until discharging duties and functions in that post,
(b) Until the period of time allowed for the assumption of charge of
another post (portfolio), on being transferred to that post,
(c) During the period of leave,
(d) During the suspension period,


(e) During the period of discharging the functions prescribed by
Government of Nepal,
(f) During the period of serving in any other post in an acting
capacity.
19. Departmental Action, Penalties and Appeal: (1) If the armed
police discharges his/her duty carelessly or recklessly or pretends to be
refrained from discharging a duty or is incapable to discharge his/her
duty or breaks discipline or commit any improper conduct as
prescribed or does not discharge the duties pursuant to Section 24 or
commits a crime pursuant to Section 27 or in other conditions
prescribed, such armed police may, according to the degree of offence
be dismissed from service on the condition that he/she shall be
disqualified for governmental service in future; be removed from service
on the condition that he/she shall not be disqualified for governmental
service in future or be awarded other departmental action as prescribed.
(2) The competent authority shall have the power to issue an
order of departmental action against the armed police service.
(3) Without prejudice to the generality of the power conferred by
Sub-section (1), the authority to issue an order of departmental action
against the armed police shall be as prescribed.
(4) The competent authority, while issuing an order of penalty
pursuant to Sub-section (2) or (3), shall prepare a memorandum
(Parcha) which shall contain the statement of a charge including the
reasons and grounds for penalties, inquiry made in relation thereto,
opportunity for defence and his/her statement (response) and opinion if
any further inquiry is made; reasons and grounds of unreasonableness of
providing opportunity for defence, if opportunity for a defence is not
provided and shall sign it and include it into the case file.


(5) An appeal against the order of departmental penalty to armed
police shall lie to the prescribed authority.
20. Power to Suspend: (1) The authority empowered to issue an order of
departmental penalty may suspend up to a prescribed period to the
armed police who is under departmental action pursuant to Section 19.
(2) The authority empowered to issue an order of penalty shall
disarm such armed police before suspension pursuant to Sub-section
(1).
(3) The armed police shall ipso facto, be deemed to have been
suspended in the following circumstances:
(a) If the armed police is arrested in the charge of crime
pursuant to Section 27 from the date of such arrest
and if one is not arrested from the date of making
decision to file the case,
(b) If arrested and detained for a criminal charge during
the period of such detention.
(4) If armed police is suspended in relation to governmental
functions or as a result of functions initiated on behalf of Government of
Nepal, he/she shall receive only half of the salary obtainable by him/her
during the period of such suspension.
Provided that, if he/she is absolved of the charge and acquitted,
he/she shall receive salary after deducting half salary if he/she had
received the same during the period of suspension and the full amount
of salary (including the increments of salary, if any). If one is found
guilty, he/she shall not be entitled to receive the remainder of the salary
from the date of suspension.


(5) If armed police is suspended for any reason other than as
referred to in Sub-section (4), he/she shall not be entitled to receive
salary for the period of such suspension.
21. Saving from Discriminatory Dismissal: While taking departmental
action against armed police, an opportunity to put his/her defense shall
be provided to him/her, specifying a reasonable time for defense beside
in the following conditions:
(a) Who has been convicted by a court in a criminal offence
involving moral turpitude,
(b) Who has been convicted to an offence pursuant to Section 27
and imposed a penalty of imprisonment, or
(c) If the authority empowered to impose penalty has established a
memorandum (Parcha) recording the condition that waives
reasonability of providing an opportunity of defense.
22. No Restriction to Institute Case: If armed police has committed a
crime liable to be established an offence under this Act or other
prevailing laws, such police shall not be deemed to have been caused a
restriction to institute a case pursuant to this Act or other prevailing
laws that a departmental action or penalty pursuant to Section 19 is
awarded to him/her already.
23. Remuneration, Allowance and other Facilities and other Terms
and Conditions of Service: Remuneration, allowance and other
facilities and other terms and conditions of service of the armed police
shall be as prescribed.




Chapter - 4
Duties and Powers of the Armed Police
24. Duties and Powers of the Armed Police: (1) The duties and powers
of the armed police shall be as follows:
(a) Every armed police shall be deemed to be on duty
in all the time and shall have to complete his/her
responsibility at any time to the deputed place and
time;
(b) Shall have to abide by the order of a superior rank
of the armed police without delay,
(c) Every armed police should be aware and careful to
the work entrusted to him/her or his/her team,
(d) It shall be the duty of the armed police to carry out
other functions mentioned in this Act or Rules
framed hereunder and other prevailing laws as the
one to be carried out by him/her.
(2) If the armed police officer has a reasonable ground to believe
that an object prohibited by the prevailing laws is kept or a person
involved in a crime is living in a house, place or vehicle of any place
where he/she is deputed, he/she may search such house, place or vehicle
as per the prevailing laws and arresting the person involved in criminal
activities and entrust local other police as soon as possible.
25. Power of Superior Armed Police: The power conferred to the armed
police by this Act or Rules framed hereunder may be exercised by the
superior armed police senior in the area where he/she has been deputed.


26. Saving of the act Done in Good Faith: An armed police shall not be
liable of penalty for a result caused while discharging duty or exercising
the power in good faith to be discharged or exercised under this Act or
Rules framed hereunder.
Chapter-5
Crime and Penalty
27. Crimes on which Imprisonment is a penalty: (1) The armed police
who commits any of the following crimes shall be punished with life
imprisonment including confiscation of entire property:
(a) If he/she involved in armed rebellion,
(b) If carried out or cause to be carried out by writing,
speech or sign or any other means so that such
hatred, enmity or contempt is caused as is likely to
disrupt the sovereignty or territorial integrity, or
integrity of Nepal,
(c) If sells government's or other's arms and
ammunition under his/her custody to others or to
entrust (handover) for any reason to others,
(d) If absconded with arms or ammunition which has
been given to him/her for his/her use or under
his/her custody,
(e) If assists terrorist activities directly or indirectly.
(f) If the information and news relating to security
provides or attempts to provide or encourage to


provide to an unauthorized national or
international person, association or group.
(2) An armed police who commit the following offence shall be
punished with imprisonment from Seven years to Twelve years,
(a) If attempts to commit armed rebellion,
(b) If perpetrates a riot in a place where he/she is
deputed or the building, structure or place or office
or any other place to be protected by him/her or
runs away showing timidity when attacked by
assaulter,
(c) If breaks up a house or a place with the objective of
loot or loots of goods in any way or causes a loss
or damage thereto,
(3) An armed police who commits the following offences shall be
punished with imprisonment from Five years to Seven years:
(a) If uses or attempts to use criminal force after
knowing or having reasonable ground to believe
that he/she is a higher ranking armed police or
other competent authority in relation to security
whether or not they are on duty,
(b) If does not inform or give notice as soon as
possible to superior official to him/her or higher
official even after knowing the conspiracy or
attempt of armed rebellion.
(c) If carries out or causes to carry out a work by
writing or speech or form or sign so as to commit


hatred, enmity or contempt likely to disrupt
Government of Nepal or to any function of
Government of Nepal,
(d) If a detainee or prisoner under his/her
responsibility is knowingly let escape or causes to
escape.
(4) The armed police who commits the following offences shall
be punished with imprisonment from Three years to Five years.
(a) If does not abide an order given by the superior
armed police,
(b) If knowingly submits false statement of numbers,
conditions of the person or cash and kinds under
his/her responsibility or command,
(c) If acquires membership of a political organization
or party or takes part in a procession or
demonstration organized with political objective,
(d) If abuses, losses recklessly, disorders or breaks up
arm and ammunition or vehicle or cash or kinds
under his/her responsibility,
(e) If runs away with governmental property or goods
under his/her responsibility,
(f) If takes others property or goods forcefully,
(g) If provides assistance to disrupt religious or social
harmony of the country,
(h) If deserts from the service of Armed Police Force,


(i) If resigns without the permission of the competent
authority empowered to appoint him/her or omits
to discharge the duty of his/her post.
Chapter - 6
Armed Police Special Court and Appeal
28. Constitution of Armed Police Special Court: (1) In order to initiate
original proceedings and settle a case related to an offence punishable
pursuant to Chapter- 5, Government of Nepal shall by publishing a
Notification in the Nepal Gazette constitute the Armed Police Special
Court.
(2) The Armed Police Special Court constituted pursuant to Sub-
section (1) shall be located in Kathmandu valley.
(3) The Armed Police Special Court pursuant to Sub-section (1)
shall consist of three members under the Chairperson of the Special
class officer of Nepal Judicial Service including a gazetted armed police
Officer and an officer of the Ministry of Home Affairs or hereunder.
29. Arrest and Custody: (1) The armed police against whom a charge has
been made of any offence pursuant to Chapter- 5 may be arrested by an
order of the superior armed police officer of any designation and be
placed in custody.
(2) Such armed police shall be disarmed before placing into
custody pursuant to Sub-section (1).
(3) If the armed police has been placed into custody after
arresting, notice thereof shall be given as soon as possible to the Chief
of body in which he/she was deputed and the Armed Police Inspector
General.


30. Provision relating Collecting Statement and Evidence: (1) The
Armed Police Special Court shall take statement from the accused
concerned with a case and keep it into the case file.
(2) If documentary evidence is to be collected during the course
of the hearing of a case, the Armed Police Special Court may order the
concerned body or Officer to submit such evidence and such body or
officer also shall submit in specified time the documentary evidence
requested for submission.
(3) If a witness is to be examined in the course of the hearing of a
case, the Armed Police Special Court may examine such witness by
issuing summon.
Provided that, if the Armed Police Special Court considers that
unnecessary delay or expense or inconvenience is caused if the witness
to be inquired is called for, the Armed Police Special Court may, order
sending a sealed questions (Banda Sawal) to the Chief District Officer
of the place where the witness and order to forward the same to the
Court.
(4) Other procedure of the Armed Police Special Court shall be
as prescribed.
31. Period for Disposal of Case: The Armed Police Special Court shall
settle the case generally within Ninety days from the date of collection
of evidence.
32. Provision concerning Detention and Prison: If the accused is to be
detained in reference to trail by an order of, or imprisoned by the
decision of the Armed Police Special Court, Government of Nepal may
detain in any prison of Nepal.


33. Appeal: The person who does not satisfy with the decision of the
Armed Police Special Court may appeal to the concerned Court of
Appeal within Thirty Five days.
34. Co-ordination Committee: (1) In order to harmonize and co-
ordinate the Armed Police and other police organization to maintain
peace and order in Nepal, there shall be a coordination committee in
centre consisting of Inspector General of Police and Armed Police
Inspector General as members and Secretary of the Ministry of Home
Affairs as coordinator.
(2) For the purpose of Sub-section (1), there may be a
coordination Committee in regional and district level consisting official
as prescribed.
(3) The Coordination Committee pursuant to Sub-sections (1)
and (2) shall itself determine its own procedure.
35. Delegation of Powers: The competent authority may delegate the
power conferred to him/her by this Act or Rules framed hereunder to
the subordinate officer under his/her responsibility.
36. Power to Frame Rules: Government of Nepal may, in order to
implement the objectives of this Act, frame necessary Rules
37. Saving: (1) Notwithstanding anything contained in the prevailing laws,
this Act shall prevail over the matters covered in this Act.
(2) The functions done and activities carried out pursuant to the
Armed Police Ordinance 2057 (2001), issued on the 9th day of the
month of Magh, 2057 (22 January 2001) shall be deemed to have been
carried out pursuant to this Act.


38. Effect of inoperativeness of the Armed Police Ordinance, 2057
(2001): With the Armed Police Ordinance, 2057 (2001) being
inoperative, unless a different intention appears, the inoperativeness
shall not:
(a) revive anything in force or existing at the time at which the
ordinance became inoperativeness;
(b) affect the matter in operation as per the ordinance or anything
duly done or any punishment suffered there under;
(c) affect any right, privilege, obligation or liability acquired,
accrued or incurred under the ordinance;
(d) affect any penalty, punishment or forfeiture incurred under the
ordinance;
(e) affect any action or remedy made or taken in respect of any such
right, privilege, obligation, liability, penalty or punishment
aforesaid; and any such legal proceeding or remedy may be
instituted, continued or enforced as if the ordinance was in force.