(1) If a person who is punishable with imprisonment for up to three years in a case wants to do community service, before the hearing officer Schedule-2A. The application should be submitted in the following format.
(2) After receiving the application according to sub-rule (1), the officer hearing the case may decide to send the person found guilty as per the petition to community service after considering the following issues:-
(a) Offenses and causes and circumstances of the offence,
(b) His past conduct,
(c) his age,
(d) His statement regarding the offense and his apology for the offence,
(e) The nature of community service he can do.
(3) Notwithstanding anything written in sub-rule (2), other than the court established or constituted in accordance with the prevailing Nepalese law, when any other officer hearing the case sends the offender to community service, he shall ask for permission before the relevant district court stating the basis and reason for sending him to community service. and the concerned district court can also allow such an offender to be sent to community service if he sees such grounds and reasons as reasonable.
(4) According to sub-rule (2), when the officer who hears the case decides to send the offender to community service, he must also disclose the length of time the offender will have to do community service so that the imprisonment will be reduced by one day for two hours of community service.
(5) According to sub-rule (2) after the decision to send the offender to community service, the prison management department in the case of Kathmandu Valley and the related prison office in the case of outside Kathmandu Valley, schools, hospitals, local bodies, temples, old age homes and other similar institutions willing to send the offender to social service. Make a written agreement with other agencies or social organizations and perform community service by making the offender acknowledge that he will comply with the necessary conditions.should be sent to such an agency or organization and when the offender is sent to community service, the prison management department should consult the community service and open prison management central committee and the prison office should consult the community service and open prison management district committee.
(6) The offender sent according to sub-rule (5) shall perform community service at the relevant body or institution for at least two hours a day and may work as a self-employed person for the rest of the period.
(7) According to sub-rule (5), if it is deemed necessary to return the offender from community service under the following circumstances, the prison management department or the prison office shall send a written notice to the relevant district court for permission. (a) If he acts contrary to the prevailing law,
(b) If he does not perform the work agreed upon with the relevant agency or institution, (c) If he acts contrary to the confession made during the community service.
(8) If permission is written in accordance with sub-rule (7) and if the offender is found to be willing to return from community service, the concerned district court will allow such offender to be returned from community service.
(9) According to sub-rule (8), if permission is obtained to return an offender from community service, the prison management department or the prison office shall return such offender to prison from community service.
(10) An offender who has been returned from community service in accordance with sub-rule (9) shall pay the rest of his imprisonment in prison and he shall not be sent back to community service during the same period of imprisonment.