Section 6
To Maintain Peace And Security
(1)……….. 28 The Chief District Officer shall perform following functions to prevent any activity if there is any
doubt of violence or riot:
(a) If it deems that an assembly, procession or mob (crowd) may take violent or destructive tendency and there is a possibility of disorder from such activities,
he/she shall cause to control it through the police and if it goes beyond the control of the police, he/she shall attend him/herself or depute subordinate officer in the
concerned place and persuade to maintain peace and if peace could not be maintained, he/she may cause to use baton (Lathi charge), teargas, Phohora, blank fire
as per necessity based on the situation, to maintain peace and order,
(b) If it is not possible to maintain peace pursuant to Clause (a) and it deems necessary to open fire to issue warning to the crowd with all clarity before opening
the fire; if the mob is not dispersed after such warning and if it becomes necessary to open fire to give order in writing to open fire below the knee,
(c) …………. 29
(d) To provide written order to the police to maintain peace and security in the district…….. 30 if it is possible and if not so possible to provide verbal order as per
necessity and if the order is verbal it shall be confirmed in writing within Twenty Four hours,
31 (e) For maintaining peace and security in the district, the District Police Office shall perform its functions on the
direct supervision and direction of the Chief District Officer.
32 (1a) The Chief District Officer shall provide information regarding the functions and activities pursuant to Sub-section (1) to the Regional
Administrator and Ministry of Home Affairs 33 as soon as possible and the Chief District Officer shall have a duty to abide by directions of the
Regional Administrator in this regard. 34
35 (2) If the Chief District Officer reveals that any serious disorder has been occurred or to be occurred, and he/she thinks that it is not possible
to control it only with the assistance of the police in such place under his/her jurisdiction, he/she may request to local or nearest Armed Police
Force or Nepal Army as per the situation demands upon mentioning reasons and grounds for the same. The notice of such request to the Armed
Police Force and Nepal Army shall be given to the Regional Administration 36 and Ministry of Home Affairs within Twenty Four hours
by the quickest means.
37 (2a) If the Regional Administration reveals that any serious disorder has been occurred or to be occurred in the Two or more districts
adjoining the boundaries, and he/she thinks that it is not possible to control it with the assistance of the police in such place under his/her jurisdiction,
he/she may request to local or nearest Armed Police Force or Nepal Army as per the situation demands. The notice of such request to the Armed
Police Force or Nepal Army shall be given to the Concerned Chief District Officer and Ministry of Home Affairs within Twenty Four hours by the
quickest means.
(3) If there is a possibility that peace and security may be breached or inconvenience to someone may arise or cause adverse effect to the public
health due to any act of someone or let it remain or keeping some goods or materials by someone in any specific place………. 38 the Chief District Officer
may issue an order as follows and such an order shall not be for more than Two months at one time:-
(a) To prohibit someone to carry out any act,
(b) To order to remove any object or property from that place to the owner, manager or chief or to prohibit to carry out any act in such place.
39 (3a) If there happens any hooliganism or there are sufficient grounds of happening of hooliganism or disorder in any place, the Chief
District Officer may issue an order to prevent to be gathered more than Five persons for the purpose of hooliganism or disorder at the specific place and
time. The Chief District Officer may impose a fine upto Five Hundred Rupees or an imprisonment upto One month or the both to a person who
violates such an order.
(4) In the course of issuing an order to a person pursuant to Sub- section (3)………. 40 , Chief District Officer shall send a notice alongwith the
reason thereof to the concerned person. If the concerned person is not found; such a notice shall be affixed pursuant to prevailing Nepal law in
such a way that the functions shall not be hampered. The officer issuing such an order may fine upto Fifty Rupees for each time who violates such
an order.
41 (5) If the Chief District Officer reveals that there arises any dispute or there is a possibility of arising dispute regarding land, canal, water,
boundaries which may cause to lead to disorder in the district, the Chief District Officer may summon to present in his/her office to the concerned
parties of the conflict as soon as possible and shall record their statements and may hold such property and may handover it as per necessity to a
person who has possessed it since last Three months or Village Development Committee or Municipality 42 or reliable person and issue an
order to aggrieved party to go to the court for final disposition of ownership on the disputed property.
43 (6) The aggrieved party may file an appeal against the order issued or penalty imposed by Chief District Officer pursuant to Sub-sections (3),
(3a), (4) and (5) before the concerned Court of Appeal within Thirty Five days.
44 (7) There shall be a District Security Committee in each district to assist the peace, security and order in the district as follows:
(a) Chief District Officer – Chairperson
(b) Local Chief of Nepal Army – Member
(c) Chief of District Police Office – Member
(d) Local Chief of Armed Police
Office – Member
45 (e) District
Chief of National
Investigation Department – Member
46 (f) Assistant, Chief District Officer – Member-secretary
(8) …………. 47
(9) The Chief District Officer may invite officials of other offices of the district in the meetings of the District Security Committee, as per
necessity.
(10) The Chief District Officer may convene the meeting of the Committee pursuant to Sub-section (7) as per necessity.
doubt of violence or riot:
(a) If it deems that an assembly, procession or mob (crowd) may take violent or destructive tendency and there is a possibility of disorder from such activities,
he/she shall cause to control it through the police and if it goes beyond the control of the police, he/she shall attend him/herself or depute subordinate officer in the
concerned place and persuade to maintain peace and if peace could not be maintained, he/she may cause to use baton (Lathi charge), teargas, Phohora, blank fire
as per necessity based on the situation, to maintain peace and order,
(b) If it is not possible to maintain peace pursuant to Clause (a) and it deems necessary to open fire to issue warning to the crowd with all clarity before opening
the fire; if the mob is not dispersed after such warning and if it becomes necessary to open fire to give order in writing to open fire below the knee,
(c) …………. 29
(d) To provide written order to the police to maintain peace and security in the district…….. 30 if it is possible and if not so possible to provide verbal order as per
necessity and if the order is verbal it shall be confirmed in writing within Twenty Four hours,
31 (e) For maintaining peace and security in the district, the District Police Office shall perform its functions on the
direct supervision and direction of the Chief District Officer.
32 (1a) The Chief District Officer shall provide information regarding the functions and activities pursuant to Sub-section (1) to the Regional
Administrator and Ministry of Home Affairs 33 as soon as possible and the Chief District Officer shall have a duty to abide by directions of the
Regional Administrator in this regard. 34
35 (2) If the Chief District Officer reveals that any serious disorder has been occurred or to be occurred, and he/she thinks that it is not possible
to control it only with the assistance of the police in such place under his/her jurisdiction, he/she may request to local or nearest Armed Police
Force or Nepal Army as per the situation demands upon mentioning reasons and grounds for the same. The notice of such request to the Armed
Police Force and Nepal Army shall be given to the Regional Administration 36 and Ministry of Home Affairs within Twenty Four hours
by the quickest means.
37 (2a) If the Regional Administration reveals that any serious disorder has been occurred or to be occurred in the Two or more districts
adjoining the boundaries, and he/she thinks that it is not possible to control it with the assistance of the police in such place under his/her jurisdiction,
he/she may request to local or nearest Armed Police Force or Nepal Army as per the situation demands. The notice of such request to the Armed
Police Force or Nepal Army shall be given to the Concerned Chief District Officer and Ministry of Home Affairs within Twenty Four hours by the
quickest means.
(3) If there is a possibility that peace and security may be breached or inconvenience to someone may arise or cause adverse effect to the public
health due to any act of someone or let it remain or keeping some goods or materials by someone in any specific place………. 38 the Chief District Officer
may issue an order as follows and such an order shall not be for more than Two months at one time:-
(a) To prohibit someone to carry out any act,
(b) To order to remove any object or property from that place to the owner, manager or chief or to prohibit to carry out any act in such place.
39 (3a) If there happens any hooliganism or there are sufficient grounds of happening of hooliganism or disorder in any place, the Chief
District Officer may issue an order to prevent to be gathered more than Five persons for the purpose of hooliganism or disorder at the specific place and
time. The Chief District Officer may impose a fine upto Five Hundred Rupees or an imprisonment upto One month or the both to a person who
violates such an order.
(4) In the course of issuing an order to a person pursuant to Sub- section (3)………. 40 , Chief District Officer shall send a notice alongwith the
reason thereof to the concerned person. If the concerned person is not found; such a notice shall be affixed pursuant to prevailing Nepal law in
such a way that the functions shall not be hampered. The officer issuing such an order may fine upto Fifty Rupees for each time who violates such
an order.
41 (5) If the Chief District Officer reveals that there arises any dispute or there is a possibility of arising dispute regarding land, canal, water,
boundaries which may cause to lead to disorder in the district, the Chief District Officer may summon to present in his/her office to the concerned
parties of the conflict as soon as possible and shall record their statements and may hold such property and may handover it as per necessity to a
person who has possessed it since last Three months or Village Development Committee or Municipality 42 or reliable person and issue an
order to aggrieved party to go to the court for final disposition of ownership on the disputed property.
43 (6) The aggrieved party may file an appeal against the order issued or penalty imposed by Chief District Officer pursuant to Sub-sections (3),
(3a), (4) and (5) before the concerned Court of Appeal within Thirty Five days.
44 (7) There shall be a District Security Committee in each district to assist the peace, security and order in the district as follows:
(a) Chief District Officer – Chairperson
(b) Local Chief of Nepal Army – Member
(c) Chief of District Police Office – Member
(d) Local Chief of Armed Police
Office – Member
45 (e) District
Chief of National
Investigation Department – Member
46 (f) Assistant, Chief District Officer – Member-secretary
(8) …………. 47
(9) The Chief District Officer may invite officials of other offices of the district in the meetings of the District Security Committee, as per
necessity.
(10) The Chief District Officer may convene the meeting of the Committee pursuant to Sub-section (7) as per necessity.