Governmental Documents Disposal Rules, 2027 (1971)

Governmental Documents Disposal Rules, 2027 (1971)
Date of Publication in Nepal Gazette
2027.10.05 (18 Jan. 1971)
In exercise of the powers conferred by the section 2 of the Administrative Procedure (Regulation) Act, 2013 the Government of Nepal has made the following Rules.

1. Short Title & Commencement :

(1) These Rules may be called “Governmental Documents Disposal Rules, 2027”.
(2) These Rules shall come into force immediately.

2. Definition :

Unless the subject or context otherwise requires in these Rules.
(a) “Government Office” means all other offices of the Government of Nepal except than the military and police offices and this word also refers the offices of the constitutional bodies.
(b) “Disposal” means the act of making destroy of the documents remaining in the Government office in such a way that the matters written on it may not be read or understood or it may not be used and this word also refers the act of burning of such documents in the fire.
(c) “Chief of the office” means the chief of the Government office.

3. Order to be made for the Disposal of the documents :

(1) The chief of the office shall give the order to dispose the documents mentioned in other schedules except than those mentioned in schedule- 6, after the expiration of the period mentioned in those schedules.
(2) In case of other documents except than those mentioned in the schedules of these Rules, all those documents which have been proved appropriate after checking them, that it shall not make any harm or loss to the Government of Nepal, the chief of the office may give an order to dispose such documents at any time after completion of the function.
(3) Notwithstanding anything contained in Sub-rule (1) and (2), If any documents remaining in the office and mentioned or not mentioned in the schedules has been considered inappropriate to dispose, with the
view of History, Art, Culture, Security or any other view by the chief of the office than he/she may not give order to dispose such documents. Out of such documents, except than the documents which are confidential any other documents if deemed appropriate to keep in the archive then the chief of the office may give an order to keep such document in the archive.

4. The Record of the documents to be disposed have to be maintained :

The Government Office shall keep the record of the documents to be disposed in the format prescribed by the Government of Nepal mentioning the subject and short description of such document and making the signature of the chief of the office on it, prior to the
disposal of the documents which has been order to be disposed pursuant to Rule 3.

5. The representative of nearby office to be present while making disposal of documents : The concerned office shall make the disposal of the documents in the presence of a representative of any nearby Government office while making the disposal of documents pursuant to these Rules.
Provided that, if the concerned chief of the office has been a Gazetted employee then it shall not necessary to make presence of the representative of nearby Government office.

6. The Disposed documents may be sold or auctioned :

The documents disposed pursuant to these Rules, may be sold to any agency or person prescribed by the Government of Nepal or be auctioned pursuant to the prevailing Nepalese law.

7. Saving :

If prevailing Nepalese law has made any special arrangement in relation to the disposal of documents of any Government office then it shall be according to such arrangement.

8. Schedules may be altered :

The Government of Nepal may make
alteration in the schedules by publishing a notice in Nepal Gazette.

Schedule – 1

Documents to be disposed after one year of completion of the function
1. The reports from daily to half yearly.
2. The draft copies of the Act, Rule, Order and Notice that has been already, published in Nepal Gazette and the documents of communication related to the publication of such.
3. Circular related to present or attend, except those remaining in the office initiating the circular.
4. The appointment of an employee, application related to leave, the letters related to transfer-promotion etc., after the transfer-promotion of that employee from the assigned place.
5. The documents related to meeting, except than the minute book.
6. Employees borrowing, installments, daily allowances, travel allowance and account related to sending of them in conference, seminar, study, training etc. after making the audit if needed and final clearance of it.
7. The documents related to the assistance for the victims of natural calamitie

Schedule – 2

Documents to be disposed after Three years of completion of the function
1. Planning agreements, tender-contracts, subsidies related to any construction work except than the data of map and design, after completion of such work and if required auditing then making Audit and final clearance of it and if Audit has not required then after completion of related work.
2. The documents related to making alteration of the number of Panchyat (now Village Development Committees).
3. Other documents related to account if required auditing then making Audit and final clearance

Schedule – 3

Documents to be disposed after Five years of completion of the function
1. Congratulation Letter, Good wishes and Condolence messages that has to be sent abroad in Governmental level.
2. Attendance form of the employee keeping the record of attendance and leave.
3. Progress report of any project (planning) or independent body.
4. Circular or Reference Letter received for general information.
5. The job details of employee and confidential reports, after five years of retirement of the employee.

Schedule – 4

Documents to be disposed after Ten years of completion of the function
1. Annual Reports.
2. The documents related to the license for taking out an weapon to abroad or bring in from abroad.
3. The documents related to the visits of representatives of a country having friendship.
4. Posting order of the employee.
5. Authorization order related to the power delegation which has not to be published publically.

Schedule – 4 Documents to be disposed after Ten years of completion of the function
1. Annual Reports.
2. The documents related to the license for taking out an weapon to abroad or bring in from abroad.
3. The documents related to the visits of representatives of a country having friendship.
4. Posting order of the employee.
5. Authorization order related to the power delegation which has not to be published publically.

Schedule – 5

Documents to be disposed after Twenty years of completion of the work
1. The main book related to passport and application related to the passport and other internal letters.
2. The Report produced before the Government of Nepal along with the data and suggestions collected after making detail study about the Governmental or non-Governmental office, Courts or Industry, business and profession or any other specific task.
3. Measurement book related to the construction after completion of such construction.
4. The documents granting permission to the employee to contest an election, to operate a business or a profession.

Schedule – 6

Documents Never to be disposed
1. The documents marked with red seal.
2. The documents having Nepal Arms (hand) seal.
3. The treaty or agreement that has to be conducted with foreign countries, international organizations. or any foreign agencies and important documents that has been exchanged regarding such treaty.
4. Map of Nepal has been made time to time.
5. The documents that has to be exchanged in relation to the boarder of the country.
6. The joint communiqué of Nepal and the representatives of the foreign country.
7. The original copy of the decision of Council of Ministers (The Cabinet) that has to be remain in the concerned Ministry.
8. The important documents related to the law and order of the country.
9. Unpublished Act, Sawal, Sanad, Khadga Nishana (Sword Mark).
10. The documents showing the ownership of moveable or immoveable properties.
11. The documents of survey map.
12. Sheet roll of the employee.
13. The final decision (verdict) or final order has been made by an office or a court having the authority, in a case in which the Government of Nepal has been a plaintiff or respondent or a case in which Government of Nepal has a concern.
14. The other documents deemed appropriate to the chief of the office.
15. Citizenship and the documents of that has been exchanged with foreign countries in relation to the cases (Issues) of the citizens.
16. Report of the commissions.

Schedule – 6 Documents Never to be disposed
1. The documents marked with red seal.
2. The documents having Nepal Arms (hand) seal.
3. The treaty or agreement that has to be conducted with foreign countries, international organizations. or any foreign agencies and important documents that has been exchanged regarding such treaty.
4. Map of Nepal has been made time to time.
5. The documents that has to be exchanged in relation to the boarder of the country.
6. The joint communiqué of Nepal and the representatives of the foreign country.
7. The original copy of the decision of Council of Ministers (The Cabinet) that has to be remain in the concerned Ministry.
8. The important documents related to the law and order of the country.
9. Unpublished Act, Sawal, Sanad, Khadga Nishana (Sword Mark).
10. The documents showing the ownership of moveable or immoveable properties.
11. The documents of survey map.
12. Sheet roll of the employee.
13. The final decision (verdict) or final order has been made by an office or a court having the authority, in a case in which the Government of Nepal has been a plaintiff or respondent or a case in which Government of Nepal has a concern.
14. The other documents deemed appropriate to the chief of the office.
15. Citizenship and the documents of that has been exchanged with foreign countries in relation to the cases (Issues) of the citizens.
16. Report of the commissions.