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Document Information:
- Year: 2001
- Country: Nepal
- Language: English
- Document Type: Domestic Law or Regulation
- Topic: Counterterrorism and Money Laundering
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Public Security Rules, 2058 (2001)
Date of Publication in the Nepal Gazette
2058.2.22(4 Jun, 2001)
His Majesty’s Go vern ment, in exercise the power conferred by
Section 14 of the Public Security Act, has framed t he following Rules:
1. Short Title and Commencement:
(1) These Rules may be called as
“Public Security Rules, 2058 (2001).
(2) These Rules shall come into force immediately.
2. Definitions
: Unless the subject or context otherwise requires, in this
Rules:
(a) “Act” means the Public Security Act 2046.
(b) ” Reasonable and Sufficient Ground” means the g rounds
as set forth in Rule 3 or any other grounds similar to that.
3. Reasonable and Sufficient Ground:
(1) If an information is received
by any source satisfyin g the Local Authority that a ny person is doing or
makin g preparation to do any or all of the followin g acts or an y
organized group, any person affiliated with such gr oup is causin g to do
such acts, it shall be deemed to have been reasonab le and sufficient
grounds immediately underminin g the sovereignty and integrity or the
law and order situation of the kingdom o f Nepal :-
(a) Killin g people, causing hurt or damage to any h uman body,
abducting people, conflagration, looting and steali ng or
doing or causin g to be done any violent or destruct ive acts
with the use of arms or force with the aim of immediat ely
undermining the sovereignty, integrity or law and o rder
situation of the kingdo m of Nepal.
(b) With the aim o f chan gin g or causin g to be chang ed the state
power by means o f destruction for the purpose of cr eatin g a
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state of fear or terror, to cause explosion, conflagration to,
breakin g and stealin g of go vern ment offices, public
property, financial institutions, industrial and co mmercial
enterprises, educational institutions or personal p roperty or
cause loss or damage thereof.
(c) To incite or cause to be incited to an act of e xplosion,
conflagration, breakin g, looting and stealing, abdu cting,
assault or violent act by creating a state of fear or terror in
general public.
(d) To use or cause to be used, demonstrate or use of
destructive or criminal force, to raise funds in cas h or in
kind by force for any organization or group or any sister
organizations o f such group or any supporter organi zations
of such group or to paste, demonstrate or cause to be
demonstrated any kind of leaflet, pamphlet or
dissemination materials on behalf of such organizati on.
(2) If an in formation is received by any source sat isfyin g the
Local Authority that any person is doing or causin g to be done any or all
of the following acts or the presence of any person in any place may
cause such an act, it shall be deemed to have reaso nable and sufficient
grounds to jeopardize the interest of general publi c or the harmonious
relations subsistin g among the peoples of various c astes, tribes or
communities: –
(a) If any person attempts to create or cause to be created
animity among various castes, tribes or communities by
demonstrating degradin g treat ment towards any relig ion,
caste, tribe, language and community by means o f
writin g, words or speech or by any other similar mea ns.
(b) If any person attempts to do or causes to be do ne, with
the aim of creatin g religious, tribal or communal
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disturbances among various religions, castes, tribes or
communities by means of an article, composition,
elucidation, speech or by any other similar means,
(c) If any situation of religious, tribal or commun al tension
or disturbances arises by the presence of any perso n in
any place or by any programme thereof.
4. Procedures of Issuing an Order :
(1) The Local Authority, on issuin g
the order of detention pursuant to Section 3.1 of t he Act, shall have to
mention any one ground from among the reasonable and sufficient
grounds referred to in sub-rule (1) of Rule 3.
(2) The Local Authority, on issuin g the order of place limit
(confinement) pursuant to Section 3.2 of the Act, s hall have to mention
any one ground from amon g the reasonable and suffic ient grounds
referred to in sub-rule (1) of Rule 3.
(3) While issuin g an order of det ention to any person under
Section 3.1of the Act, a copy of the order so issue d should also be sent
to the office takin g such person in detention.
(4) While issuing an order of dete ntion or place limit under
Sections 3.1 or 3.2 of the Act, if any goods relati n g to the pre activities
of the person requirin g to keep in detention or pla ce limit or causes
immediately undermine the law and order situation an d incitement to an
violent act are seized, the documents including the deed of seizure of
such goods should be attached to the file.
(5) While issuin g an order o f detention, a notice with the reason
of detention should also be given to the person tak en in detention.
(6) The procedures to be followed in the case of takin g in
detention should also be followed while issuin g an order of place limit and
an abroad visit prevention order.
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(7) The Local Authority on issuin g an order under the Act or
under this Regulation, the order of detention, the order of place limit, the
abroad visit prevention order and the notice to be served to the person
taken in detention shall be as prescribed in Anex-1 , Annex-2, Annex-3 and
Annex-4 respectively.
5. May an Application be Made :
(1) A person sufferin g fro m the order
issued under Rule 3, may make an application to the Ministry of Home
Affairs with the details of sufferin gs and the Mini stry of Home Affairs may
require to submit the file along with the order, gr ounds taken at the time of
issuin g such order and on examinin g the documents, if the Ministry does
not think proper to continue the order it may quas h the order.
(2) If the order issued by the Local Authority d oes not require
quashing pursuant to sub-rule (1), the Ministry of Home affairs shall, with
its opinions, forward the file received from the off ice of the Local
Authority and the application of the person concern ed to His Majesty’s
Go vernment.
(3) His Majesty’s Go vern ment, if thinks reasonable after
examinin g the file, documents, the application and the opinions of the
Ministry o f Ho me Affairs furnished under sub-rule ( 2), may quash the
order issued by the Local Authority.
6. Authority to Alter or Repeal the Order :
(1) If the conduct of the person
kept in detention or in place limit or restricted t o go to abroad is reformed
or fro m the circumstantial point of view it does not seem necessary to
keep in detention or in place limit or permission be given to go to abroad,
the authority issuin g an order under Section 3.1 of the Act may alter or
repeal it at any time.
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(2) While altering or repealing the order pursuant to sub-rule (1)
the authorized authority may make a written documen t with such person
or ask security or both.
7. Repeal
: (1) The Public Security Rule, 2019 (1963) is here by repealed.
(2) The acts and procedures done under the Public S ecurity Rule,
2019 shall be deemed to have been done under these Rules.
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Annex-1
(Relating to sub-rule (7) of Rule 4 )
Order of Detention
I …………. ( name of the order issuin g author ity), the Chief District
Officer (local authority or an authority workin g on his behalf) of ………District
of the Kingdom of Nepal hereby issue this order to keep you …………., a
resident of ………..District, ……….Municipa lity/Village Development
Committee, Ward No. in detention in exercise the pow er conferred by Section
3.1 of the Public Security Act, 2046 (1989) as ther e are reasonable and
sufficient grounds as set forth below to prevent yo u from doing an act of
……………..that you are preparing to do or ca using to be done which may
immediately undermine the so vereignty, integrity or the law and order situation
of the Kingdo m of Nepal.
Reasons and Grounds for Detention
(a)………………………………………. …………………….
(b)………………………………………. ……………………..
(c)………………………………………. ………………………
Signature and Designation of the Order Issu in g Auth ority
Done on………..year………month……day
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Annex-2
(Relating to sub-rule (7) of Rule 4 )
Order of Place Limit
I …………. ( name of the order issuin g authority), the Chief District Officer
(local authority or an authority workin g on his beh alf) of ………district of the
Kin gdom o f Nepal hereby issue this order to restric t you …………., a resident of
………..District,……….Municipality/ Village Development Committee, Ward
No……. to live in……..district,………..Mu nicipality/ Village Development
Committee, Ward No………. by limitin g you to live only
in……..District,……….Municipality/ Village Development Committee, Ward
No….. in exercise the power conferred by Section 3.2 of the Public Security
Act, 2046 (1989) as there are reasonable and suffic ient grounds as set forth
below to prevent you from doin g an act of………. ……. you are preparing to do or
causin g to be done which may create a situation of tension or disturbance
jeopardizing the interest of general public, the ha rmonious relation existed
amon g various castes, tribes or communities of the Kin gdom of Nepal.
Reasons and Grounds for Place Limit
(a)………………………………………. …………………….
(b)………………………………………. ……………………..
(c)………………………………………. ………………………
Signature and Designation of the Ord er Issuin g Authority
Done on………. year………month……day
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Annex-3
(Relating to sub rule (7) of Rule 4 )
Abroad Visit Prevention Order
I, the Secretary of His Majesty’s Go vernment, Minis try o f Ho me
Affairs, (name of the order issuing authority), her eby issue this order,
in exercise the power conferred by Section 3.3 of t he Public Security
Act, 2046 (1989) requiring you …………., a re sident of ………..District,
……….Municipality/ Village Development Committe e, Ward No…….
not to visit out of the Kin gdo m of Nepal without th e permission of
His Majesty’s Go vernment bein g it necessary to prev ent you fro m
doing such acts which may ad verse effect to ……. ….under Section 3.3
of the said Act as there are reasonable and suffici ent grounds as set
forth below.
Reasons and Grounds for Place Limit
(a)………………………………………. …………………….
(b)………………………………………. ……………………..
(c)………………………………………. ………………………
Signature and Designation of the Order Issu in g Auth ority
Done on………. year………month……day
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Annex-4
(Relating to sub-rule (7) of Rule 4 ) A Notice of Information
An order was issued on……year…….month….da y to keep
you………., a resident of ………..District, . ……………Municipality/ Village
Development Committee, Ward No……..in detention u nder Section 3.1 of the
Public Security Act, 2046 and the order is attached herewith. This notice of
information havin g mentioned the reasonable and suf ficient grounds as set
forth in the order prohibiting you fro m doing ….. ……….which may immediately
undermine the sovereignty, integrity or the law and order situation of the
Kin gdom o f Nepal.
Notice Issuin g Authority’s,
Signature:
Designation:
Name of Office:
Done on……..year……month…….day..