(1) If it is deemed that a procession, mob or organized group with or without arm is likely to carryout violent or
destructive acts such as looting, arson in houses or shops, destroying the public property and it is reveled that such a situation is not controlled by the
general police action, the Chief District Officer……….. 61 may declare such area as a riot affected area. The Chief District Officer 62 shall act any or all
of the following acts to maintain peace and order after the declaration of such riot affected area.
(a) To arrest suspicious person without arrest warrant from such area and put in preventive detention
pursuant to Public Security Act, 2046, 63 (b) To shoot fire at sight who loots or put fire in houses
(buildings) and shops or destroys public property or causes any other types of violent or destructive acts,
(c) To ban on assembly, procession, meetings or exhibitions or to ban on writing or fixing poster,
pamphlet and such types of communication materials, (d) To make provisions of supply of essential goods in
such area and to control the transportation, storage and sale and distribution of such goods,
(e) To close down educational institutions, any other
institutions, exhibition centres and offices of such area,
(f) To ban strike on any essential service pursuant to
Essential Service Operation Act, 2014 (1957) in such
area,
(g) To ban gathering of Five or more than Five persons in
such area,
(h) To issue curfew order in such area,
(i) To take assistance of Nepal Army as required for the
said functions in such area.
(2) If, it seems suspicious that the arms and ammunitions have been
put in a riot affected area, the police personnel at least Sub-inspector of
police may search houses, shops, compound, go-down of any person
without a prior notice as per the order of the Chief District Officer 64 .
65 (3) While declaring a riot affected area pursuant to Sub-section (1),
the Chief District Office may declare it for One month at a time. If,
duration is to be extended, the Chief District Officer may extend such
period upto Three months as per the approval of Ministry of Home Affairs,
Government of Nepal.
(4) The Chief District Officer shall communicate the information of
declaration of riot affected area to the
66 Regional Administrator and
Ministry of Home Affairs immediately.
(5) If someone violates the provision of Clauses (e) and (g) of Sub-
section (1) or obstructs on the search pursuant to Sub-section (2), the Chief
District Officer 67 may impose a fine upto Three Thousand Rupees or an
imprisonment upto Three months or both by using appropriate summary
procedure and an appeal against such order shall lie in the Court of
Appeal. 68
69 6C. Not to obstruct (barricade) on public service or road or not to
destruct any house or vehicle: (1) No one shall commit or cause to
commit the followings acts:
(a) To obstruct by Chakkajam or any other kinds of
obstruction in the smooth operation of such public
roads as notified by the Government of Nepal by a
Notification published in Nepal Gazette,
(b) To damage government, public or private vehicle,
house or property by means of destruction, fire or
looting or to forcefully enter into such vehicle or house
and land or to forcefully take in to possession of such
vehicle or house or property,
(c) To obstruct government or public institution and
educational institution by means of lockups or any
other similar acts.
(2) If, someone commits any act pursuant to Sub-section (1), Chief
District Officer may impose a fine upto Ten Thousand Rupees or an
imprisonment upto Six months or the both and to realise an amount equal to
claimed amount and fine such person equal to the claimed amount as per
the nature of an offence.
(3) The Chief District Officer shall follow (adopt) the procedure
pursuant to Summary Procedure Act, 2028 to the proceeding of this
Section.
(4) The aggrieved person may file an appeal against the penalty
imposed by the Chief District Officer pursuant to Sub-section (2) before the
concerned Court of Appeal within Thirty Five days.