Key Benefits:
Civil Service Act of Bhutan 2010
འ�ག་གི་ཞི་གཡོག་བཅའ་�ིམས་ ༢༠༡༠ ཅན་མ།
༆
Civil Service Act of Bhutan 2010
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
Civil Service Act of Bhutan 2010
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
1
Civil Service Act of Bhutan 2010
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
2
1.
2.
Civil Service Act of Bhutan 2010
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 Rulesframed 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
3.
4.
5.
6.
Civil Service Act of Bhutan 2010
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
4
7.
Civil Service Act of Bhutan 2010
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
5
8.
9.
10.
Civil Service Act of Bhutan 2010
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.
6
11.
12.
Civil Service Act of Bhutan 2010
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.
7
13.
14.
15.
Civil Service Act of Bhutan 2010
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
8
16.
17.
18.
19.
20. 21.
22.
Civil Service Act of Bhutan 2010
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
9
Civil Service Act of Bhutan 2010
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 Chairpersonon 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.
10
23.
24.
25.
Civil Service Act of Bhutan 2010
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
11
26.
27.
Civil Service Act of Bhutan 2010
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
12
Civil Service Act of Bhutan 2010
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.
13
28.
Civil Service Act of Bhutan 2010
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.
14
29.
Civil Service Act of Bhutan 2010
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.
15
30.
31.
32. 33.
34.
35.
Civil Service Act of Bhutan 2010
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
16
36.
37.
Civil Service Act of Bhutan 2010
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
17
Civil Service Act of Bhutan 2010
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
18
38.
Civil Service Act of Bhutan 2010
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
19
39.
40.
Civil Service Act of Bhutan 2010
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
20
41.
42.
43.
Civil Service Act of Bhutan 2010
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
21
44.
Civil Service Act of Bhutan 2010
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
22
45.
Civil Service Act of Bhutan 2010
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
23
Civil Service Act of Bhutan 2010
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
24
46.
47.
Civil Service Act of Bhutan 2010
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
25
48.
49.
50.
Civil Service Act of Bhutan 2010
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, andfor 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
26
51.
52.
53.
54.
Civil Service Act of Bhutan 2010
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 RoyalGovernment, shall prescribe rules and procedures for career and professional development
27
27
55.
56.
57.
Civil Service Act of Bhutan 2010
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.
28
58.
59.
60.
Civil Service Act of Bhutan 2010
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
29
61.
62.
63.
64.
Civil Service Act of Bhutan 2010
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
30
65.
66.
67.
68.
69.
Civil Service Act of Bhutan 2010
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
31
70.
71.
72.
73.
Civil Service Act of Bhutan 2010
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
32
74.
75.
76.
77.
Civil Service Act of Bhutan 2010
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
33
78.
79.
80.
Civil Service Act of Bhutan 2010
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
34
81.
82.
83.
84.
Civil Service Act of Bhutan 2010
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
35
85.
86.
87.
88.
Civil Service Act of Bhutan 2010
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
36
89.
90.
91.
Civil Service Act of Bhutan 2010
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
37
92.
93.
94.
95.
96.
Civil Service Act of Bhutan 2010
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
38
97.
97.1
97.2
97.3
Civil Service Act of Bhutan 2010
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
39
97.4
97.5
97.6
97.7
Civil Service Act of Bhutan 2010
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
40
97.8
97.9
97.10
97.11
97.12
97.13
97.14
Civil Service Act of Bhutan 2010
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
41
97.15
97.16
97.17
97.18
97.20
Civil Service Act of Bhutan 2010
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
42
97.21
97.22
97.23
97.24
97.25
97.26
Civil Service Act of Bhutan 2010
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
43
97.27
97.28
97.29
97.30
Civil Service Act of Bhutan 2010
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
44
97.31
97.32
97.33
97.34
97.35
97.36
Civil Service Act of Bhutan 2010
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
45
97.37
