Civil Service Act of Bhutan, 2010

Link to law: http://www.nationalcouncil.bt/assets/uploads/docs/acts/2014/Civil_Service_Act_of_Bhutan_2010eng5th.pdf

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TABle of ConTenTS

Title Page

Preamble 1

Chapter 1: Preliminary 2

Chapter 2: The Royal Civil Service Commission 4

Chapter 3: Civil Service Values and Conduct 16

Chapter 4: Duties and Rights of Civil Servants 21

Chapter 5: Recruitment, Selection and Appointment 24

Chapter 6: Remuneration and allowance 27

Chapter 7: Career Development and Training 27

Chapter 8: Promotion, Placement and Transfer 29

Chapter 9: Disciplinary Matters 32

Chapter 10: Separation from Service 33

Chapter 11: Miscellaneous Provisions 34

Chapter 12: Definition 38

PReAMBle

Whereas, the Constitution of the Kingdom of Bhutan provides
for establishment of a Royal Civil Service Commission to
promote and ensure an independent and apolitical civil service,
which shall discharge its public duties in an efficient, transparent
and accountable manner;

Whereas, the Constitution requires the Commission to endeavour
to ensure that civil servants render professional service guided
by the highest standards of ethics and integrity to promote good
governance and social justice in implementing the policies and
programmes of the Government;

Whereas, the Constitution requires the Commission, as the
central personnel agency of the Royal Government and in the
interest of promoting merit, productivity and equity, to ensure
that uniform rules and regulations prevail throughout the civil
service on recruitment, appointment, staffing, training, transfers
and promotion;

Whereas, it is expedient to develop a “small, compact and
efficient Civil Service” as an important agent for the realization
of the vision of Gross National Happiness.

1

Parliament of the Kingdom of Bhutan hereby enact the Civil
Service Act of Bhutan, 2010 on the 25th Day of the 5th Month of
Iron Male Tiger Year of the Bhutanese Calender corresponding
to the 7th Day of July 2010 at its 5th Session of the First Parliament
as follows:

CHAPTeR I
PRelIMInARY

Title, Commencement and extend

This Act shall: 1.
a) be called the CIVIL SERVICE ACT OF BHUTAN,

2010;

b) come into force on the 18th Day of 3rd
Month of Iron Female Rabbit Year of the
Bhutanese calendar corresponding to the 20th Day
of the 5th Month of the Year 2011; and

c) Extend to the whole of Bhutan.

Repeal

Any provision in other laws, rules and regulations 2.
pertaining to civil servants, so far as they are inconsistent
with this Act, are hereby repealed.

2

1.

2.

extent and Scope of this Act

This Act shall apply to the Royal Civil Service 3.
Commission and all civil servants of the Kingdom of
Bhutan.

All4. civil servants shall function in accordance with
this Act and Bhutan Civil Service Rules framed by the
Royal Civil Service Commission.

This Act shall not apply to:5.
a) elected representatives;

b) holders of Constitutional Offices and members
or Commissioners;

c) drangpons and drangpon rabjams of all courts
under the Judiciary;

d) attorney General;

e) personnel of Armed Forces and Royal Bhutan
Police; and

f) any other as may be determined by Parliament
from time to time.

Purpose of this Act

The purpose of this Act shall be to:6.

3

3.

4.

5.

6.

a) establish an independent and apolitical Royal
Civil Service Commission responsible to
manage the Civil Service of the Kingdom of
Bhutan;

b) provide an umbrella Civil Service Act to ensure
parity, consistency and uniformity of personnel
actions throughout the civil service;

c) define the powers and duties of the Commission;

d) establish a unified apolitical and merit based Civil
Service that is professional, efficient, effective,
transparent and accountable in the service of the
Tsa-Wa-Sum.

CHAPTeR II
THe RoYAl CIVIl SeRVICe CoMMISSIon

establishment and Composition

The Royal Civil Service Commission shall be 7.
established in accordance with the provisions of the
Constitution of the Kingdom of Bhutan.

4

7.

The Commission shall consist of a Chairperson and four 8.
other members who shall serve on a full-time basis.

Independence

The Commission shall be independent in the exercise 9.
of its powers and duties under this Act and shall
exercise such powers and duties without fear, favour
or prejudice in the interest of ensuring effective and
efficient administration of the Civil Service.

Eligibility and Qualification

A person to be eligible to hold office as a Chairperson 10.
and a member of the Commission shall:

a) be a natural born citizen of Bhutan;

b) not be married to a person who is not a citizen of
Bhutan;

c) have no political affiliation;

d) not have been terminated from Government or
Public Service;

e) not be in arrears of taxes or other dues to the
Government;

f) have a minimum qualification of Bachelor’s
Degree;

5

8.

9.

10.

g) have rendered a minimum of 25 years of service
in case of the Chairperson and 20 years for other
members in Government or Public Service;

h) not have been convicted of a criminal offence
and sentenced to imprisonment;

i) not have been disqualified under any other laws;
and

j) have proven leadership qualities.

Appointment

The Chairperson and members of the Commission 11.
shall be appointed by the Druk Gyalpo from a list of
eminent persons recommended jointly by the Prime
Minister, the Chief Justice of Bhutan, the Speaker, the
Chairperson of the National Council and the Leader of
the Opposition Party.

Oath or Affirmation

Upon assuming office, the Chairperson and members 12.
of the Commission shall take an Oath or Affirmation in
the form and manner prescribed in the Third Schedule
of the Constitution of the Kingdom of Bhutan.

6 6

11.

12.

11.

12.

Tenure of Office

The tenure of Office of the Chairperson and members of 13.
the Commission shall be five years or until they attain
the age of sixty-five years, whichever is earlier.

Terms of Service

The salary, tenure, discipline and other conditions of 14.
service of the Chairperson and other members shall be
as prescribed by the Entitlement and Service Conditions
Act for the Holders, Members and Commissioners of
the Constitutional offices of Bhutan.

Chairperson

The Chairperson of the Commission shall:15.
a) be responsible for providing effective leadership

for the Commission;

b) formally represent the views of the Commission;

c) review and deal with any complaint against the
members of the Commission;

d) oversee the works of the Secretariat of the
Commission; and

e) assign particular affairs of the Civil Service to a
member of the Commission.

7 7

13.

14.

15.

13.

14.

15.

Acting Chairperson

The Chairperson shall designate one of the members as 16.
the Acting Chairperson in his absence.

Accountability

The Commission shall carry out its responsibilities in 17.
accordance with the provisions of this Act.

The Commission shall ensure the highest level 18.
of transparency, accountability, efficiency and
professionalism in the Civil Service.

The Commission shall submit an annual report on its 19.
policies and performance, along with a summary of its
findings from the periodic personnel audits, which shall
include HRD status and practices, to the Druk Gyalpo
and the Prime Minister.

The members of the Commission shall be accountable 20.
to the Chairperson.

The Commission shall be supported by a permanent21.
Secretariat.

Code of Conduct of the Members of the Commission

The Chairperson and members of the Commission 22.
shall:

8

16.

17.

18.

19.

20.
21.

22.

a) conduct themselves in a manner that is consistent
with the dignity, reputation and integrity of the
Commission;

b) uphold the sovereignty, security, unity and
integrity of the Country;

c) not hold any post in a public or private company
or a non-governmental organization or such other
organization whether it carries remuneration or
is honourary, other than as may be required in
their official capacity as the Chairperson or as a
member of the Commission;

d) refrain from and prevent any conflict of
interest in discharge of their official duties and
responsibilities;

e) not make any unauthorized commitment or
promise that purports to bind the Commission
or the Royal Government;

f) maintain confidentiality in cases where,
decisions, documents and deliberations should
not be disclosed in the public interest;

g) uphold the Civil Service Values and Conduct set
out in this Act; and

h) prescribe additional values and code of
conduct.

9

Voluntary Resignation

The Chairperson or in the case of other members through 23.
the Chairperson may resign from Office before the
expiry of their term by making a written submission
before the Druk Gyalpo within thirty days’ notice.

Removal from Office

Except through the process of impeachment as 24.
prescribed by law, the Chairperson of the Commission
shall not be removed from Office.

The Chairperson of the Commission may recommend 25.
to the Druk Gyalpo for removal of a member of the
Commission, but only upon conducting a formal inquiry
into the allegations or adverse findings thereon by a
Disciplinary Committee constituted by the Chairperson
on the following grounds:

a) physical, mental, or other incapacity of a
permanent nature;

b) corruption;

c) violation of this Act;

d) violation of the Constitution;

10 10

23.

24.

25.

23.

24.

25.

e) conviction under any other law within Bhutan or
elsewhere; or

f) becomes disqualified under section 10 of this
Act.

In the event of resignation or removal or death of the 26.
Chairperson or any member of the Commission, the
post shall be filled within a period of thirty days from
the date of such vacancy in accordance with section 11
of this Act.

functions of the Commission

The Royal Civil Service Commission as the central 27.
personnel agency of the Government shall:

a) administer and enforce all statutory provisions of
this Act;

b) prescribe, amend and enforce rules and regulations
for carrying into effect the provisions of this
Act;

c) promulgate policies, standards and guidelines for
the Civil Service and adopt plans and programmes
in consultation with the agencies to promote
efficient and effective personnel administration;

11

26.

27.

d) appoint, promote and transfer civil servants
except as specified otherwise in this Act;

e) formulate, administer and evaluate programs
pertaining to the development and retention of
qualified and competent work force in the civil
service;

f) promote and maintain the highest level of prestige,
morale and well-being of the civil service;

g) conduct periodic HR auditing across all
agencies;

h) conduct special investigation on HR actions
where necessary;

i) ensure establishment of a human resource
committee/council in each agency with standard
functions and responsibilities to ensure proper
personnel administration and human resource
development, and monitor their functions;

j) prescribe, enforce and review code of conduct for
the civil servants;

k) manage Civil Service selection examinations;

l) review, plan, coordinate, facilitate and monitor
general civil service training and development
programmes;

12 12

m) maintain up-to-date personnel information on all
civil servants as prescribed in the BCSR;

n) exercise general disciplinary control over civil
servants through the enforcement of all rules,
regulations and relevant laws;

o) provide administrative and legal support to civil
servants in respect of decisions taken in good
faith or intent pursuant to official duties; and

p) perform any other functions to discharge its
mandates.

Powers of the Commission

The Commission: 28.

a) may require free access to all information and
records of agencies that relate to HR management
and to inspect and inquire into and call for any
information arising from those accounts and
records;

b) may revoke any HR actions taken by implementing
agencies if found in contravention to this Act and
BCSR;

c) may call upon any entity or official in government
to assist the Commission in the preparation and
conduct of Civil Service selection examinations;

13 13

28.

28.

d) shall require all civil servant and agencies to
provide the Commission with such facilities,
assistance, information and access to their
respective offices as the Commission may require
for the performance of its duties;

e) may delegate its functions in writing and subject
to such conditions to be prescribed in the rules
and regulations, to a person, agency, authority or
entity including its secretariat from time to time
as appropriate;

f) in consultation with the agencies shall:
i) determine staffing pattern and strength of an

agency;
ii) create, abolish or classify positions;
iii) enhance capacity through Human Resource

Development Programmes; and
iv) carry out organizational development

reviews at regular intervals.

The Commission shall, as per the decision of the 29.
Lhengye Zhungtshog create, abolish, upgrade or alter
organizational structures in ministries and autonomous
agencies, including names in consultation with line
Agencies. Likewise, the Legislature and Constitutional
bodies shall carry out such organizational changes in
consultation with the RCSC.

14 14

29.

29.

The Judiciary shall create, abolish, upgrade or alter 30.
courts or tribunals in keeping with Article 21 (2) of the
Constitution while other organizational changes shall be
carried out in consultation with the RCSC.

Corrective Action

Subject to other provisions of this Act, the Commission 31.
may, on the basis of any investigation, report or HR
Audit under this Act, require the Agencies to take, such
corrective personnel actions, as the Commission deems
appropriate.

Proceedings

The Commission shall meet as and when required.32.

The quorum for a meeting of the Commission shall be 33.
at least two-thirds of its members.

Decision shall be by majority vote and in case of a tie, 34.
the Chairperson shall caste a deciding vote.

The Commission may prescribe its rules of 35.
procedures.

15 15

30.

31.

32.
33.

34.

35.

30.

31.

32.
33.

34.

35.

CHAPTeR III
CIVIl SeRVICe VAlUeS AnD ConDUCT

A civil servant shall always be loyal to the 36. Tsa-Wa-Sum,
observe Driglam Namzha and conduct his functions with
the highest degree of morale, integrity, professionalism
and accountability.

Civil Service values:37.
a) Accountability: A civil servant is responsible

for his/her decisions and actions and must be
accountable to whatever scrutiny is appropriate
to his/her Office as prescribed by law and the
BCSR.

b) Honesty: A civil servant shall be honest and
declare any private interests relating to his/her
official duties and to take steps to resolve any
conflicts arising in a way that protects the public
interest.

c) Impartiality: A civil servant shall be fair,
neutral, not favour one person more than another
in carrying out public business, including making
public appointments, awarding contracts, or
recommending individuals for awards and
benefits.

16

36.

37.

d) Integrity: A civil servant shall not place himself/
herself under any financial or other obligation
to outside individuals or organizations that may
influence him/her in the performance of his/her
official duties.

e) leadership: A civil servant shall at all times
uphold and promote the principles of leadership
by example.

f) loyalty: A civil servant shall at all times be true,
loyal and faithful to the Tsa-wa-sum.

g) openness: A civil servant shall be as open as
required about all the decisions and actions that
he takes. He/she shall give reasons for his/her
decisions and restrict information to protect the
wider public interest and confidentiality of the
matter.

h) Professionalism: A civil servant shall practice
his/her profession with the highest standards of
ethics and courtesy.

i) Selflessness: A civil servant shall always take

decisions solely in terms of the public interest.

17

He/she shall not do so in order to gain financial
or other material benefits for himself/herself, his/
her family, his/her relatives, or his/her friends.

Code of Conduct of a Civil Servant

A civil servant shall not:38.
a) be eligible to be a candidate for any election

conducted under the electoral laws of the Kingdom

or hold any paid or unpaid post in any political

party;

b) canvass for the political party or any candidate in an

election conducted under the electoral laws of the

Kingdom;

c) engage in any corrupt activities;

d) be a member of, belong to or take part in a society,

assembly or association, except as may be permitted

under the rules and regulations;

e) instigate, involve or participate in a strike,

demonstration, marches or other similar activities;

18

38.

f) engage in proselytization;

g) engage in sexual harassment; and

h) act against the interest of Tsa-Wa-Sum.

A civil servant shall abide by any additional code of 39.
conduct and ethics as maybe prescribed by the BCSR.

Breaches of Code of Conduct

A Civil servant who is found to have breached the 40. Code
of Conduct shall be subject to the following sanctions:

a) termination;

b) compulsory retirement;

c) suspension;

d) withholding of promotion;

e) demotion;

f) re-assignment of duties;

g) reduction in salary;

h) deductions from salary, by way of fine;

i) a reprimand; or

j) any other sanction.

The extent and degree of sanctions shall be as prescribed in the
BCSR.

19

39.

40.

Government Copyright

Literary, dramatic, musical or artistic works produced 41.
by civil servants in the course of their official duties
shall be subject to copyright protection of the Royal
Government in accordance with the provisions of the
Copyright Act of the Kingdom of Bhutan.

Protection of Informant

A civil servant shall not victimize or discriminate 42.
another civil servant who reports breaches or alleged
breaches of the Civil Service Code of Conduct.

Prohibition on patronage, favouritism and nepotism

A person exercising powers under this Act or 43.
the regulations in relation to the human resource
management and development of civil servants shall
do so without patronage, favoritism or nepotism.

20

41.

42.

43.

CHAPTeR IV
DUTIeS AnD RIGHTS of CIVIl SeRVAnTS

Duties
A civil servant shall serve the Royal Government 44.
without fear, favour or prejudice to:

a) safeguard national security and interests;

b) maintain complete Tha Damtsi to the Tsa-wa-
Sum;

c) uphold the Constitution of the Kingdom of Bhutan
and other laws, rules and regulations;

d) perform all tasks professionally, responsibly,
impartially, apolitically and without delay;

e) treat everyone with respect and courtesy in
accordance with Driglam Namzhag;

f) not accept gifts or other gratifications or
advantages, except as permitted by law;

g) not accept titles or decorations from foreign
states or organizations without the approval of
the Royal Government;

h) maintain confidentiality of all facts and
information discovered in the course of duty,
both while in service and after separation

21

44.

from service;

i) refrain from publicly expressing adverse opinions
against the Royal Government;

j) not engage in private trade and employment;

k) use resources of the Royal Government most
judiciously and protect state property against
damage, loss, destruction or abuse;

l) appear before Disciplinary Committee or
Administrative Tribunal or court or any other
lawful entities, as and when summoned;

m) declare assets periodically to the authorities
concerned as prescribed by rule; and

n) perform any other duty as may be prescribed from
time to time.

Rights

A civil servant shall have the following rights:45.

a) equal pay for work of equal value;

b) receive remuneration and allowances as may be
determined from time to time;

22

45.

c) rest and leisure, including reasonable restriction
of working hours and periodic holidays with
pay;

d) access to social and basic health care services
provided by the Royal Government;

e) opportunities to enhance professional qualification
and skills as per rules;

f) promotion, including promotion ahead of
schedule, based on the eligibility and other criteria
prescribed by the BCSR;

g) safe and healthy working conditions to perform
duties;

h) express opinions on the lawfulness of orders,
including making constructive criticisms and
suggestions to one’s superiors;

i) refuse a task which is in contradiction with laws
and regulations;

j) make appeals or file complaints to the superior or
the Commission, as the case may be, concerning
one’s superiors, other employees, conditions in
the workplace or the Civil Service in general;

23

k) not be removed, demoted, terminated or
administratively penalized without due
administrative process; and

l) protection from personal liabilities for discharging
official duties and responsibilities.

CHAPTeR V
ReCRUITMenT, SeleCTIon AnD APPoInTMenT

equal employment opportunities

All eligible Bhutanese citizens shall have equal 46.
opportunity for employment and career advancement
in the Civil Service on the basis of merit, qualification,
fair and open competition without discrimination on
the grounds of race, sex, language, religion, and other
status.

The Commission shall recruit university graduates47.
through competitive examinations conducted in
accordance with the procedures laid down in the
BCSR for initial appointments to Professional and
Management positions in Civil Service.

24

46.

47.

The Druk Gyalpo shall, by warrant under His hand and 48.
seal, appoint:

a) secretaries to the Government on the
recommendation of the Prime Minister upon
obtaining nominations from the Royal Civil
Service Commission on the basis of merit and
seniority and as per other relevant rules and
regulations;

b) the Secretary General of the respective Houses on
the recommendation of the Royal Civil Service
Commission; and

c) dzongdags on the recommendation of the Prime
Minister upon obtaining nominations from the
Royal Civil Service Commission.

Qualification

A candidate for the post of a Secretary to the Government 49.
or Dzongdag shall have a minimum of university degree,
and fulfill other conditions as may be prescribed by the
BCSR.

Tenure

A secretary to the Government shall be the highest 50.
position in the civil service and may serve a maximum
term of five years or until the superannuation age,
whichever is earlier.

25

48.

49.

50.

Oath of Office and Allegiance

A civil servant upon appointment shall take51. an Oath of
Allegiance in such a form and manner as prescribed

before a designated authority.

Appointment of Civil Servants by Agencies

Agencies shall, in accordance with the BCSR,52. make
recruitment, selection and appointment against a vacant

position in all categories, except for executive (EX)

and specialist (ES) positions, and for appointments as

provided for under section 47 of this Act.

Except for (EX1) and (ES1) positions and for 53.
appointments as provided in section 47 of this Act,

the Constitutional offices shall, in accordance with the

BCSR, make recruitment, selection and appointment

against a vacant position in all categories.

A person54. may be appointed on contract on competitive
basis to meet specialized or short-term human resource

needs of an agency in accordance with the BCSR.

26

51.

52.

53.

54.

However, exceptions to this section may be made in

specialized fields for time bound assignments by the HR

committee with approval of the concerned Minister.

CHAPTeR VI
ReMUneRATIon AnD AlloWAnCe

Determination of Remuneration and Allowances

Salary, allowances, benefits and other emoluments of 55.
the civil servants shall be determined by the Royal
Government as per the Constitution.

A civil servant shall be entitled to leave and other 56.
benefits as prescribed in the BCSR.

CHAPTeR VII
CAReeR DeVeloPMenT AnD TRAInInG

Career Development

The Commission, as the central personnel agency 57.

of the Royal Government, shall prescribe rules and
procedures for career and professional development

27

55.

56.

57.

of civil servants through continuing education and
training to develop capacity and maintain competency
and professionalism in the Civil Service, as specified in
the BCSR.

In-Service Training need Assessment

The Commission shall assess the general58. training and
higher education (degree and diploma) needs of Civil

Servants, formulate projects and implement them both

within and outside the country.

Authority of Agency

Agencies shall assess their own specific training needs, 59.
formulate appropriate plans and implement them in

accordance with the procedures prescribed in the

BCSR.

Training Institute

The Commission may identify one or more Colleges/60.
Institutes in the Kingdom for conducting pre-service

and in-service trainings of civil servants.

28 28

58.

59.

60.

58.

59.

60.

CHAPTeR VIII
PRoMoTIon, PlACeMenT AnD TRAnSfeR

Performance evaluation

The Commission shall institute and oversee the 61.
implementation of a transparent, objective and fair

performance evaluation system, amongst others, to

reward and promote deserving civil servants.

Promotion of Civil Servants

The Commission shall be the authority for all fast-track 62.
and out-of-turn promotions.

Authority of Agency

Except for executive (EX) and specialist (ES) positions, 63.
all regular promotions, in keeping with the BCSR, shall

be administered by respective agencies through human

resource committees/councils with due notification to

the RCSC.

In case of Constitutional offices, except for (EX1) and 64.
(ES1) positions, all regular promotions, in keeping

with the BCSR, shall be administered by respective

29

61.

62.

63.

64.

Constitutional offices through human resource

committees/councils with due notification to the

RCSC.

All promotions to executive positions must include 65.
proven leadership and positive feedbacks.

There shall be no retroactive promotion.66.

Placement of Senior Civil Servants

The Commission shall select and appoint all heads of 67.
autonomous agencies.

Selection and placement of a civil servant as a head 68.
of department shall be carried out by the RCSC in

accordance with this Act and the BCSR.

Transfer

A Civil servant shall be subject to transfers at regular 69.
intervals. Save where otherwise expressedly provided in

this Act or by any other law for the time being in force,

the Commission shall determine the circumstances in

the BCSR, by which a civil servant may be transferred

30

65.

66.

67.

68.

69.

from one Agency to another for filling of a vacant post

at the same level.

To the extent possible, transfers shall not result in the 70.
loss of professionals by an agency and appointment of

such civil servants to positions where their specialized

knowledge and skills are rendered irrelevant.

All inter-ministerial or inter-agency or inter-occupational 71.
transfers shall be carried out by the Commission whereas

intra-ministerial or intra-agency or intra-occupational

transfers shall be carried out by ministries and agencies

themselves as per the BCSR.

Any transfer to and from Constitutional Offices shall be 72.
made by the RCSC in consultation with the concerned

Constitutional Offices.

Notwithstanding section 71, the Lhengye73. Zhungtshog
shall determine and approve the inter-ministry and inter-

Dzongkhag transfer of secretaries and Dzongdags in the

same positions in consultation with the Commission.

31

70.

71.

72.

73.

Secondment of Civil Servants

The secondment of civil servants to other organizations 74.
outside the Civil Service shall be administered by the

Commission.

CHAPTeR IX
DISCIPlInARY MATTeRS

Constitution and Jurisdiction of Disciplinary Committee

A Human Resource Committee/Council75. established in
all Agencies shall also act as a Disciplinary Committee

vested with the jurisdiction over disciplinary matters.

Powers of Disciplinary Committee

The Disciplinary Committee shall have, for the purposes 76.
of discharging its functions under this Act, the powers

as prescribed by the BCSR.

Right to Appeal

A civil servant aggrieved by a decision of the 77.
Disciplinary Committee has the right to appeal to the

Appellate Authority.

32

74.

75.

76.

77.

The appellate authority shall be vested in the Ministries, 78.
Royal Civil Service Commission and the Administrative

Tribunal. Constitution of the appellate authorities and

process for appeal shall be as prescribed in the BCSR.

Conclusion of Criminal or Civil Suit not to bar Disciplinary
Proceedings

Completion of a criminal trial or civil suit against a 79.
civil servant in a court of law shall not preclude the

Disciplinary Committee from exercising jurisdiction

under this Act.

CHAPTeR X
SePARATIon fRoM SeRVICe

Retirement on Superannuation

A civil servant shall retire on the date of completing the 80.
superannuation age as prescribed by the BCSR, and no

extension shall be permitted.

33

78.

79.

80.

Resignation from Service

A civil servant may resign from service by giving the 81.
competent authority a notice in writing as prescribed
by the BCSR.

Retirement Scheme

The Commission in consultation with the government 82.
may introduce Early Retirement Scheme or Special
Retirement Scheme to allow a civil servant to retire
early on payment of such benefits as prescribed by the
BCSR.

Compulsory Retirement

The Commission83. may at any time, by notice in writing,
on the recommendation of agencies, require a civil
servant to retire compulsorily with post service benefits
from the service on such grounds as prescribed by the
BCSR.

Agency Severance

The services of a civil servant shall be separated from 84.
the Civil Service upon corporatization/privatization of
his Agency, unless his service is required in the Civil
Service.

34

81.

82.

83.

84.

Termination of Service

A civil servant shall be terminated from service if he 85.
or she is convicted by the court of law for a criminal
offence of misdemeanor and above for offences related
to discharge of official functions.

A civil servant shall be compulsorily retired from service 86.
with post service benefit if he or she is convicted by the
court of law for a criminal offence of misdemeanor and
above for offences not related to discharge of official
functions.

CHAPTeR XI
MISCellAneoUS PRoVISIonS

Rule-making Power

The Commission shall make rules and regulations, 87.
called the Bhutan Civil Service Rules and Regulations

(or the BCSR), for effective administration of the Civil

Service in consultation with agencies.

establishment of Civil Service Award

The Commission may institute a scheme for recognizing 88.
and rewarding excellent performance or outstanding

35

85.

86.

87.

88.

contributions. The recognition may be in the form of

civil service awards, honours, promotion and financial

reward as may be prescribed in the BCSR.

Health and Safety

An Agency shall maintain a safe and healthy working 89.
environment including health, safety and welfare of its civil

servants as prescribed by prevailing laws and by- laws.

The Commission shall endeavor to promote family 90.
values and children’s welfare through appropriate

measures as prescribed by rules.

Immunity from Prosecution

No legal proceeding or suit shall lie against any member 91.
of the Commission and the Civil Servants in respect of

official duties, which is done in good faith or intended

to be done pursuant to the provisions of this Act. Such

immunity shall not cover corrupt acts committed by

any member of the Commission or civil servants in

connection with the discharge of their duties or cover

other valuables in consideration to act in a particular

manner.

36

89.

90.

91.

The Commission shall protect a civil servant from false 92.
allegation or defamation leveled by any person or party
while discharging his/her duties and responsibilities in
accordance with rules and regulations.

A civil servant shall not be suspended or prosecuted93.
in the court of law by any party for any act alleged to
have been committed by him or her without notifying
the Commission.

establishment of Tribunal

An Administrative Tribunal may be established to 94.
adjudicate the civil service appeal cases.

Authoritative Text

The Dzongkha text shall be the authoritative text, if 95.
there exists any difference in meaning between the
Dzongkha and the English text.

Amendment

The amendment of this Act by way of addition, variation 96.
or repeal shall be effected by a simple majority of the

respective Houses or vote of no less than two thirds

of the total members of Parliament present and voting

on a motion submitted by one third of the members of

37

92.

93.

94.

95.

96.

either House, provided that the amendment does not

undermine the functions and effectiveness of the Royal

Civil Service Commission.

CHAPTeR XII
DefInITIon

Definition

In this Act unless the subject or context otherwise 97.
requires:

97.1 Agency means Legislature, Judiciary, Ministry,

Constitutional Office, Autonomous Agency,

Dzongkhag, Gewog, Thromde or a statutory

body of the Royal Government.

97.2 Apolitical means not linked with political
parties or engaged in any political activities.

97.3 Appellate Authority means the Administrative

Tribunal for appeal cases from the Royal Civil

Service Commission, the Royal Civil Service

Commission for appeal cases from Ministries

38

97.

97.1

97.2

97.3

and Agencies, and the Ministry for appeal

cases from Departments and Dzongkhags.

97.4 Armed forces mean the Royal Bhutan Army
and the Royal Body Guard.

97.5 Autonomous Agencies mean those agencies

under the Executive, established and mandated

to function with autonomy by Royal Charters,

Royal Kashos, Executive Orders or Acts of the

Parliament.

97.6 Bhutan Civil Service Rules and Regulations

(the BCSR) mean those rules and regulations

prescribed by the Commission in accordance

with the provisions of this Act.

97.7 Civil Servant means a person registered with

the Commission and employed in the services

of the Judiciary, the Legislature, the Executive,

Constitutional Offices and Autonomous

Agencies of the Royal Government, unless

otherwise specified.

39

97.4

97.5

97.6

97.7

97.8 Civil Service means the services within the
jurisdiction of this Act.

97.9 Code of Conduct means the code of conduct
and values set out in this Act and the BCSR.

97.10 Commission means the Royal Civil Service
Commission established under the Constitution
of the Kingdom of Bhutan.

97.11 Company has the same meaning as in the
Companies Act of the Kingdom of Bhutan.

97.12 Conflict of Interest means a conflict between
the official duties and the private interests of
a civil servant, including not only his vested
interest but also those of his family.

97.13 Corruption means as those defined in the Anti
Corruption Act of Bhutan.

97.14 Criminal offence means any offence as
defined by the Bhutan Penal Code.

40

97.8

97.9

97.10

97.11

97.12

97.13

97.14

97.15 Driglam namzhag means values of Tha

Damtsi, Ley Jumdrey, etiquettes and conscious

pursuit of harmonious living.

97.16 elected Representatives mean the members
of Parliament and local governments.

97.17 excellent Performance means an outstanding

rating done in the performance evaluation

form or an outstanding contribution made in

the service.

97.18 family means members consisting of a spouse
and children.

97.19 Head of Agency means the Head of Legislature,
Judiciary, Ministry, Constitutional Bodies,
Autonomous Agency, Dzongkhag, Gewog,
Thromde or a statutory body of the Royal
Government.

97.20 Holder of Constitutional Office has the same
meaning as in the Constitution.

41

97.15

97.16

97.17

97.18

97.20

97.21 Incompatible Activities mean those activities

performance of which is inconsistent with the

civil servant’s official functions.

97.22 Member means the members of the
Commission.

97.23 Merit Based or Based on Merit means a
personnel decision taken based on a set of
eligibility criteria prescribed in the BCSR and
in compliance with the provisions of this Act.

97.24 organizational Development means an
organization’s efforts to regularly review its
mandates and capacities, for taking the right
decisions and measures to improve performance
and assure delivery of high quality services to
the Royal Government and public.

97.25 Performance evaluation means both the
appraisal of performance and the assessment
of individual capacity/potential.

97.26 Person includes an individual, partnership,
corporation, organization, enterprise, agency,
department, subdivision, or other legal entity

42

97.21

97.22

97.23

97.24

97.25

97.26

whether public or private and successor,
representative, or agent thereof.

97.27 HR Audit means assessment of the
implementation of all HR actions by the
Agencies as per the provisions of the
Constitution, the Civil Service Act, the BCSR
and the other relevant rules with the view to
ensure fairness and objectivity in the Civil
Service.

97.28 Position means specific roles and functions
executed by a civil servant on behalf of an
agency.

97.29 Promotion means vertical movement in a
civil servant’s career to fill in a higher-
position vacancy with a new position title and
corresponding pay.

97.30 Royal Government includes the Legislature,
the Executive and the Judiciary.

43

97.27

97.28

97.29

97.30

97.31 Secondment means a transfer of personnel
both within and outside the Civil Service on
a temporary basis to develop human resource
capacity, in a way that does not affect the
employment status in the Royal Government.

97.32 Secretary to the Government refers to the
head of the Cabinet Secretariat or the head
of a Secretariat of a Ministry appointed by
the Druk Gyalpo as per the provisions of the
Constitution.

97.33 Secretariat means the Secretariat of Royal
Civil Service Commission.

97.34 Society has the same meaning as in the Civil
Society Organization Act.

97.35 Transfer means a lateral movement of a civil
servant from one place to another or from one
agency to another or from one profession to
another, in the same position level.

97.36 Training obligation means legal respon-
sibilities of a candidate to contribute or serve
in the same Organization or Profession, after
completion of his or her training for a minimum

44

97.31

97.32

97.33

97.34

97.35

97.36

period prescribed in the BCSR, failing
which he/she shall be liable to pay penalty
as compensation to the Royal Government
an amount specified in the BCSR for loss in
investment made for his or her training.

97.37 Vacancy means an approved position that is
currently vacant.

45

97.37