(1)No case may be instituted against any civil employee in respect of any government business performed
by him/her considering it to be the carrying out of the duties of his/her post, without fulfilling the procedures as mentioned in Sub- section (2).
(2) In order to institute a case against any civil employee pursuant to Sub-section (1), an approval of the Authority shall be required in respect of a criminal case; and the following matters have to be observed in respect of a civil case:
(a) Two months have elapsed after a written notice stating the reasons for instituting the case and
the name and address of the plaintiff and of his/her attorney, if any, has been delivered to the
Authority or the concerned civil employee or sent by post through a registered mail and a copy
of such notice has been submitted to Government of Nepal.
(b) The case has been filed within eight months from the date of cause of action.
(3) In respect of any act performed by any civil employee in
the course of discharging the duties of his/her post while he/she was
incumbent, no case may be instituted against him/her without the
approval of Government of Nepal, even after the termination of
his/her service.
(4) If Government of Nepal gives approval to institute a case pursuant to Sub-section (3), Government of Nepal shall defend on his/her behalf.