Nepal Special Service Act, 2042 (1985)

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A Passport may only be issued by the Government of Nepal or Nepalese Embassy or any other Mission stationed in any foreign countries which are so authorized for the same by the Government of Nepal. Provided that, (1) An authority to issue a passport may deny to issue a passport to a person with or without showing any reason for the same,

(2) The Government of Nepal may withdraw or cancel at any time an already issued passport with or without showing any reasons therefor, and

(3) It shall be the duty of the person, who is in a foreign visit holding a Passport, to abide by the order or direction issued by the Government of Nepal wherever he/she might have been staying or residing.

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Whosoever receives or attempts to receive a passport providing false statement or false details, or visits or attempts to visit a foreign country in against of Section 3, or does not abide by the order or direction issued by the Government of Nepal, or misuses the purpose of the passport, or provides his/her passport to any other person for other’s use, or uses others passport, or commits any act which is in against of this Act or Rules framed hereunder, may be punished with an imprisonment up to one year or fined up to Five Thousand Rupees or with both.[/vc_column_text][vc_custom_heading text=”6. Government Of Nepal To Be The Plaintiff” use_theme_fonts=”yes” el_id=”6._government_of_nepal_to_be_the_plaintiff”][vc_column_text](2) If there is any reasonable doubt for committing or attempting to commit an offence pursuant to Section 5 by a person, any police personnel shall arrest such person even without a warrant and produce such person before his/her authority at least an Inspector.[/vc_column_text][vc_custom_heading text=”Nepal Special Service Act, 2042 (1985)” use_theme_fonts=”yes” el_id=”nepal_special_service_act,_2042_(1985)”][vc_column_text]

Date of Authentication and Publication
2042-5-12 (28 August 1985)

Amendments,
1. Nepal Special Service

(First Amendment) Act, 2047 (1991)                                                                                                  2047-12-29 (12 April 1991)

2. Republic Strengthening and Some

Nepal Laws Amendment Act, 2066 (2010)                                                                                          2066-10-7 (21 Jan. 2010)

                                                                            Act Number 9 of the Year 2042 (1985)

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Preamble: Whereas, it is expedient to constitute Nepal Special Service and to provide for provisions on condition of said service for maintaining security of Nepal.
Now, therefore, be it enacted by His Majesty the king Birenda Bir Bikram Shah Dev on advice and with consent of Rastriya Panchayat.[/vc_column_text][vc_custom_heading text=”1. Short Title And Commencement” use_theme_fonts=”yes” el_id=”1._short_title_and_commencement”][vc_column_text](2) It shall come into force immediately[/vc_column_text][vc_custom_heading text=”2. Definition” use_theme_fonts=”yes” el_id=”2._definition”][vc_column_text]

In this Act, unless the subject or context otherwise requires;
(a) “Service” means Nepal Special Service to be constituted pursuant to
Section 3.

2(b) “Office” means National Investigation (intelligence) Department established pursuant to Section 4 and any regional, zonal and district office under the said Department.

(c) “Prescribed” or “as prescribed” means prescribed or as prescribed in Rules framed under this Act.

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(1) National Investigation Department shall be established under the Ministry of Home Affairs to operate service related functions.

(2) Regional, zonal and district office, as may be required, may be established under the supervision and control of National Investigation Department established pursuant to Sub-section (1).

(3) Nepal Janasamparka pradhan karyalaya (Nepal Public Relation Head Quarters) established before the commencement of this Act and offices there under shall be deemed to have been transformed in to the National Investigation Department and sub-ordinate offices, as the case may be.

[/vc_column_text][vc_custom_heading text=”5. Functions, Duties And Powers Of Office” use_theme_fonts=”yes” el_id=”5._functions,_duties_and_powers_of_office”][vc_column_text]

The functions, duties and powers of office shall be as prescribed.[/vc_column_text][vc_custom_heading text=”5a. Necessary Powers May Be Exercised In The Course Of Investigation” use_theme_fonts=”yes” el_id=”5a._necessary_powers_may_be_exercised_in_the_course_of_investigation”][vc_column_text]

(1) The Government of Nepal may cause the National Investigation Department to investigate the matters which it deems necessary.

(2) In the course of investigation to be made by the National Investigation Department pursuant to Sub-section (1) the investigating officer may exercise powers of police conferred pursuant to Police Act, 2012.

(3) If any irregularity is found through the investigation carried out by National Investigation Department pursuant to Sub-section (1) the Government of Nepal shall prosecute against concerned person in accordance with the prevailing law.

[/vc_column_text][vc_custom_heading text=”5b. Duty To Extend Co-operation” use_theme_fonts=”yes” el_id=”5b._duty_to_extend_co-operation”][vc_column_text]

It shall be duty of government office or person to co-operate the employee, who shows identity card of office, in the
course of discharging his/her office related function.[/vc_column_text][vc_custom_heading text=”6. Appointment And Condition Of Service Of Employee” use_theme_fonts=”yes” el_id=”6._appointment_and_condition_of_service_of_employee”][vc_column_text]

Appointment, transfer, promotion removal from the Service and other conditions of service of employee of the Service shall be as prescribed.[/vc_column_text][vc_custom_heading text=”7. Saving” use_theme_fonts=”yes” el_id=”7._saving”][vc_column_text](2) No one shall be compelled to submit or express confidential document of office to any other body, authority or court other than authorized official[/vc_column_text][vc_custom_heading text=”8. Prohibited Function” use_theme_fonts=”yes” el_id=”8._prohibited_function”][vc_column_text](2) No employee of the Service or a person deputed in the function of the Service shall breach confidentiality of Service related function in any way when he/she is in the Service or during in the function of the Service or even after removal or discharge from the Service.[/vc_column_text][vc_custom_heading text=”9. Penalty” use_theme_fonts=”yes” el_id=”9._penalty”][vc_column_text]

An employ of the Service or a person deputed in the function of the Service who acts in contravention of this Act shall be liable to an imprisonment for a term not exceeding Ten years or a fine up to Ten Thousand Rupees or the both 6 depending on the gravity of offence and if he/she has caused any loss or damage of property, the amount of loss or
damage shall be recovered upon making auction of his/her movable and immovable property. If such property is not sufficient for compensation he/she shall be imprisoned in accordance with prevailing law for the dues as if he/she fails to pay fine.[/vc_column_text][vc_custom_heading text=”10. Power To Try Case” use_theme_fonts=”yes” el_id=”10._power_to_try_case”][vc_column_text]

(1) The court constituted or prescribed by the Government of Nepal upon publishing a Notification in Nepal Gazette shall have power to try a case under this Act.

(2) A court pursuant to Sub-section (1) shall follow the procedures as referred to in Special Court Act, 2059.
Provided that notwithstanding anything contained in Clause (e) of Section 77 of Special Court Act, 2059 or in other prevailing law in respect of holding a person under detention, if there is a reasonable reason to keep an accused in custody for trial, the court may order to hold such accused under detention for trial upon setting out the statement of government attorney in this regard, if any. In case an accused is so detained, no complaint shall be lodged upon raising a question against the said order.

(3) An appeal may be filed before Supreme Court against the judgments or final order made by the Court pursuant to Sub-section (1) and such appeal shall be heard and decided by a bench of at least three judges.

[/vc_column_text][vc_custom_heading text=”11. In Camera Hearing” use_theme_fonts=”yes” el_id=”11._in_camera_hearing”][vc_column_text]

The trial and appeal of a case filed pursuant to this
Act shall be heard and decided in camera[/vc_column_text][vc_custom_heading text=”12. Power To Frame Rules” use_theme_fonts=”yes” el_id=”12._power_to_frame_rules”][vc_column_text]

The Government of Nepal may frame necessary
Rules to carry out the objectives of this Act and such Rules shall not be
published for Public.[/vc_column_text][vc_column_text]

(Source: Nepal Law Commission)

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