Act Relating to Legislature-Parliament, 2064 (2007)


Published: 2007

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The Act Relating toLegislature-parliament
1
Act Relating to Legislature-Parliament, 2064 (2007)
Date of authentication and publication
2064.5.7 (24-08-2007)

Act No. 13 of the year 2064 (2007)
An Act Made to Provide for the Establishment of the Legislature-
Parliament Secretariat and the Constitution and Operation of the
Legislature-Parliament Service
Preamble:
Whereas, it is expedient to make provisions on the establishment of the
Legislature-Parliament Secretariat and the constitution and operation of
the Legislature-Parliament Service for the smooth operation of the
activities of the Legislature-Parliament;
Now, therefore, be it enacted by the Legislature-Parliament.
Chapter-1
Preliminary
1. Short title and commencement: (1) This Act may be called as the
“Act Relating to Legislature-Parliament Secretariat, 2064 (2007)".
(2) This Act shall come into force forthwith.
2. Definitions: Unless the subject or the context otherwise requires,
in this Act,-

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(a) “Constitution” means the Interim Constitution of Nepal,
2063(2006).
(b) “Speaker” means the Speaker of the Legislature-Parliament.
(c) “Deputy Speaker” means the Deputy Speaker of the
Legislature-Parliament.
(d) “Leader of Opposition Party” means the leader of opposition
party recognized pursuant to Article 57A. of the
Constitution.
(e) “Member” means a member of the Legislature-Parliament.
(f) “Secretariat” means the Legislature-Parliament Secretariat
established pursuant to Section 3.
(g) “Committee” means the Secretariat Operation and
Management Committee formed pursuant to Section 6.
(h) “Office-bearer” means the Speaker, Deputy Speaker, L ader
of Opposition Party, Chairperson of a Committee of
Legislature-Parliament, Leader, Deputy Leader, Chip Whip,
Main Whip, Secretary, Whip of a parliamentary party of a
political party represented in the Legislature-Parliament.
(i) “Legislature-Parliament Service” means Nepal Legislature-
Parliament Service constituted pursuant to Section 14.
(j) “Secretary General” means the Secretary General of the
Legislature-Parliament.
(k) “Secretary” means the Secretary of the Legislature-
Parliament.

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(l) “Secretariat Secretary” the Secretary of the Secretariat.
(m) “Promotion Committee” means the promotion committee
formed pursuant to Section 27.
(n) "Employee" means any person who is appointed to apost of
the Legislature-Parliament Service.
(o) “Marshal” means a person appoint to the post of marshal.
(p) "Permanent post" means a post of the Legislature-Parliament
Service which is pensionable and of which term is not
specified.
(q) "family" means the husband, wife, son, unmarried daughter,
adopted son, unmarried adopted daughter, father, mother or
step mother living together with an employee and whom he
or she himself or herself has to maintain and subsist, and this
term also includes his or her grandfather, grandmother in the
case of a male and unmarried female employee, and her
mother-in-law, father-in-law, in the case of a female
employee.
(r) "Prescribed" or "as prescribed" means prescribed or as
prescribed in the rules framed under this Act.
Chapter-2
Establishment of Secretariat and Other Provisions
3. Establishment of Secretariat: (1) The Legislature-Parliament
secretariat is hereby established for the smooth operation of the
functions of the Legislature-Parliament and also for the operation
and management of the Legislature-Parliament Service.

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(2) The Secretariat shall consist of the Secretary General,
Secretary and a required number of employees.
4. To be independent and autonomous body: The Secretariat shall
be an independent and autonomous body.
5. Functions, duties and powers of Secretariat: (1) The functions,
duties and powers of the Secretariat shall, in addition to those
mentioned in the laws in force, be as follows:
(a) To provide necessary services and facilities to the
Legislature-Parliament, Committees of the Legislature-
Parliament, Office-bearers and Members,
(b) To manage and make effective the administrative,
financial and physical management related acts for the
smooth operation of the activities of the Legislature-
Parliament,
(c) To make effective the information system of the
Legislature-Parliament, and arrange for security system
in the premises of the Legislature-Parliament,
(d) To provide necessary services and facilities to the
offices of parties of the Legislature-Parliament.
(2) The other functions, duties and powers of the
Secretariat shall be as prescribed.
6. Formation of Committee: (1) There shall be a Secretariat
Operation and Management Committee to carry out functio s
including the formulation of required policies and looking after and
making control and supervision in relation to the smooth operation
and management of the Legislature-Parliament and the Secretariat.

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(2) The Committee as referred to in sub-section (1) shall
be formed as follows:
(a) Speaker -Chairperson
(b) Deputy Speaker -Member
(c) Secretary General -Member
(d) Secretary -Member
(e) Secretariat Secretary -Member-secretary
7. Functions, duties and powers of Committee: (1) The functions,
duties and powers of the Committee shall be as follows:
(a) To carry out functions relating to the operation and
management of the Secretariat,
(b) To fix the annual budget of the Legislature-Parliament
and the Secretariat,
(c) To fix the number of positions of Employees remaining
in the Legislature-Parliament Service,
(d) To perform functions relating to the career
development and fixation of facilities of the Employees
of the Secretariat,
(e) To make policies relating to the physical construc ion
and reforms of the Legislature-Parliament,
(f) To maintain, or cause to be maintained, coordination
and harmonization between the Committees of
Legislature-Parliament,

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(g) To perform such functions as required to enhance the
efficiency and capacity of Members,
(h) In coordination with the Government of Nepal, to
prepare yearly calendar of business of the Legislature-
Parliament and Committees of Legislature-Parliament
and formulate and implement, or cause to be
implemented, short-term and long-term plans of the
Legislature-Parliament and the Secretariat.
(2) The other functions, duties and powers of the
Committee shall be as prescribed.
(3) The procedures relating to the meeting of the
Committee shall be as determined by the Committee itself.
8. Functions, duties and powers of Speaker: The functions, duties
and powers of the Speaker shall, in addition to those mentioned in
the laws in force, be as follows:
(a) To perform act relating to internal and foreign
delegation of the Legislature-Parliament,
(b) To approve internal and foreign visits and visit
expenditures of the Office-bearers, Members and
Secretary General of the Legislature-Parliament,
(c) To make contact and relation with Legislatures of
friendly countries, international and regional
parliamentary unions and friendly groups,
(d) To give direction, as required, to the Government of
Nepal and other relevant bodies in relation to the
implementation of the decisions of the Committee.

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9. Functions, duties and powers of Secretary General: (1) The
functions, duties and powers of the Secretary General shall, in
addition to those mentioned in the laws in force, be as follows:
(a) To act as the administrative chief of the Secretaria ,
(b) To perform act relating to the appointment, retirement
of and punishment to the Employees of the
Legislature-Parliament Service pursuant to this Act,
(c) To perform functions relating to the operation ad
management of the Secretariat as directed by the
Committee,
(d) To prepare annual budget, program and plan of the
Legislature-Parliament and the Secretariat and submit
the same to the Committee,
(e) To perform, or cause to be performed, act relating o
expenditure of budget appropriated for the Legislature-
Parliament and the Secretariat and relating to financial
administration,
(f) To perform, or cause to be performed, act relating to
physical construction, restructuring of the Secretariat,
(g) To maintain relation and exchange support with
friendly countries, foreign diplomatic missions and
international bodies, national and international
organizations,
(h) To maintain coordination between the Secretariat and
other bodies,

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(i) To look after, maintain the movable and immovable
properties of the Legislature-Parliament and the
Secretariat,
(j) To make necessary arrangements for the smooth
running of the activities of the Legislature-Parliament
and the Legislature-Parliament Secretariat.
(2) The other functions, duties and powers of the
Secretary General shall be as prescribed.
10. Functions, duties and powers of Secretary: (1) The functions,
duties and powers of the Secretary shall, in addition to those
mentioned in the laws in force, be as follows:
(a) To act as the chief of the Employees of the Committees
of the Legislature-Parliament and Divisions,
(b) To prepare annual budget required for the Committees
of the Legislature-Parliament and submit the same to
the Secretary General,
(c) To look after and manage the activities relating to the
Legislature-Parliament and Committees,
(d) To perform other functions as directed by the Speaker,
Deputy Speaker and Secretary General.
(2) The other functions, duties and powers of the
Secretary General shall be as prescribed.
11. Functions, duties and powers of Secretariat Secretary: (1) The
functions, duties and powers of the Secretariat Secretary shall be as
follows:

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(a) To assist the Secretary General in administrative
business,
(b) To prepare annual budget, program and plan of the
Secretariat and submit the same to the Secretary
General,
(c) To look after, protect and maintain the movable and
immovable properties of the Secretariat,
(d) To supervise, monitor and evaluate the functions f the
Employees under the Divisions subordinate to him or
her,
(e) To perform other functions as directed by the
Secretary General.
(2) The other functions, duties and powers of the
Secretariat Secretary shall be as prescribed.
Chapter-3
Provisions Relating to Budget and Fund
12. To fix budget: (1) The Committee shall, in consultation with the
Minister for Finance, fix the annual budget for the L gislature-
Parliament and the Secretariat.
(2) The Government of Nepal shall include in the
Appropriation Bill the budget fixed pursuant to sub-section (1).
(3) Procedures relating to the financial administration of
the Legislature-Parliament Secretariat shall be as pre cribed.

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13. Legislature-Parliament Development Fund: (1) There shall be a
separate fund entitled the Legislature-Parliament Development
Fund for activities relating to the physical construction and
restructuring, development of information technology,
standardization of library, capacity building of the Office-bearers,
Members and Members of the Legislature-Parliament, andthe
following amounts shall be credited to that Fund:
(a) Amounts received from the Government of Nepal,
(b) Amounts received in form of grant and aid from any
foreign government, foreign diplomatic mission,
national and international organization or body,
(c) Amounts received from other sources.
(2) The Committee may obtain grant and aid from any
foreign government, foreign diplomatic mission, national and
international organization or body. Information of the grant and aid
so obtained shall be given to the Ministry of Finance.
(3) The provisions relating to the operation of the Fund as
referred to in sub-section (1) shall be as prescribed.

Chapter-4
Provisions Relating to Constitution of the Legislature-Parliament
Service and Fulfillment of Posts
14. Constitution of the Legislature-Parliament Service: (1) One
service entitled the Legislature-Parliament Service is hereby
constituted.

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(2) There shall be the following classes in the Legislature-
Parliament Service:
Gazetted Non-gazetted
Special First
First Second
Second Third
Third Fourth
Fifth
(3) If the Employees serving in the classless posts at the
time of commencement of this Section intend to be incorporated in
the class, the class of such Employees shall be set in the fifth class
as prescribed.
(4) There shall be posts of various levels as prescribed in
the classes as referred in sub-section (2).
15. Job description: (1) Based on the job description of the
organization approved by the Committee, the Secretary General
shall prepare and enforce the job description of each post of the
Service.
(2) The job description as referred to in sub-section (1)
shall clearly specify, inter alia, the functions, duties,
responsibilities and powers of the concerned post and
qualifications required for the same.

12
(3) In posting the Employee to any post, the job
description and the indicators for the evaluation of functions as
specified in the job description shall also be provided, along with
the posting letter.
(4) Other provisions relating to the job description shall
be as prescribed.
16. Groups and sub-groups: (1) There may also be different groups
and sub-groups as prescribed in the Legislature-Parliament Service.
(2) The minimum qualifications required for different
posts in the groups and sub-groups of the Legislature-Parliament
Service shall be as prescribed.
17. Fulfillment of vacancy in the Legislature-Parliament Service:
(1) The following posts of the Legislature-Parliament Service shall
be fulfilled follows:

Post By open
competit
ion
By promotion
By
evaluation
of
competency
By internal
competitive
examination
By
adjustment
of
promotion
through
evaluation
of work
performance
and
seniority

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(a) Classless/
Non-gazetted
fifth class
- - - -
(b)Non-gazetted
fourth class
- - - -
(c) Non-
gazetted third
class
- - -
(d) Non-
gazetted second
class
60% 20% 20% -
(e) Non-
gazetted first
class
60%

20% -

20%
(f) Gazetted
third class
70% 10% 10% 10%
(g) Gazetted
second class
10% 60% 20% 10%
(h) Gazetted
first class
10% 60% 20% 10%

(2) Notwithstanding anything contained in clauses (a) and
(b) of sub-section (1), if any post of non-gazetted hird class is not
held by any Employee, that post shall ipso facto lapse. If any
Employees holding the posts of gazetted third class have completed

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such service period and possess such minimum educational
qualifications as required for the post as prescribed that is one class
lower than that to which they are to be promoted, they shall ipso
facto be promoted to the one class higher post. The higher class
post shall ipso facto be created for making such promotion; and the
lower post held by any such Employee prior to his or her
promotion to the higher post shall ipso facto lapse after such
promotion to the higher post.
(3) The classless/non-gazetted fifth class posts carrying
out the main functions and subsidiary functions shall be as per the
prevailing Civil Service Act or as prescribed under that Act.
(4) The classless/non-gazetted fifth class posts carrying
out subsidiary functions as prescribed pursuant to sub-section (3),
which are falling vacant at the time of commencement of this
Section and which fall vacant after the commencement of this
Section shall ipso facto lapse. The Secretariat shall give
information of the cessation of such posts to the Civil Employees
Records Office. The jobs to be performed by such posts shall be got
performed through service contract, by making a contract with a
person or organization, with specification of minimum
remuneration.
(5) The posts to be fulfilled through internal competitive
examination as referred to in clause (d) of sub-section (1) shall be
fulfilled by having competition from the Employees serving in the
non-gazetted third class post or any post lower than that (including
classless posts), who have possessed the minimum educational
qualification and minimum service period required for the non-
gazetted second class post.

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(6) Notwithstanding anything contained in sub-section
(1), in order to make inclusive the Legislature-Parliament Service, forty-
five percent posts of the posts to be fulfilled by open competition shall be
set aside and be filled up by having separate competition between the
following candidates only, by considering the percentage into cent
percent:
(a) Women -Thirty three percent
(b) Indigenous/nationalities -Twenty seven percent
(c) Madhesi -Twenty two percent
(d) Dalit - Nine percent
(e) Persons with disability - Five percent
(f) Backward Area - Four percent

Explanation:
(1) For the purposes of this sub-section "backward ea" means
Accham, Kalikot, Jajarkot, Jumla, Dolpa, Bajhang, Bajura,
Mugu and Humla districts.
(2) For the purposes of clauses (a), (b), (c) and (d) of this sub-section,
"women, Adiwasi/Janajati, Madhesi, and Dalit" means women,
indigenous/nationalities, Madhesi, and Dalit who are backward
economically and socially.
(7) Notwithstanding anything contained elsewhere in this
Section, the posts of the percentage determined pursuant to clause (e) of
sub-section (6) shall be filled up through competitive examination

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between only such persons with disability as may be sp cified for any
specific nature of work.
(8) While determining the percent pursuant to sub-section (6),
if there is a fraction that is less than one percent, the fraction shall
continue to pass on to the immediately next group of the group in respect
of which such fraction has resulted.
(9) If no appropriate candidate is available from the
advertisement for a post set aside pursuant to sub-section (6) in the year
of advertisement, such post shall be included in the advertisement of next
year, and if any appropriate candidate is not availble even upon such
advertisement, such post shall be included in the posts to be filled up
through the open competition in that year.
(10) The provisions for the fulfillment of posts through the
percent determined pursuant to sub-section (6) shall be reviewed in every
ten years.
(11) If there arises any dispute on the determinatio of posts as
per the percent as referred to in sub-section (6), the decision made by the
Public Service Commission shall be final.
(12) The posts to be filled by adjustment of promotion through
promotion by evaluation of work performance and experience pursuant to
sub-section (1) shall be adjusted on the basis of seniority from amongst
the Employees to be promoted pursuant to Section 35.
(13) Notwithstanding anything contained elsewhere in this
Section, the minimum qualification required for the post of gazetted
second and first class to be filled up through open competition pursuant
to clauses (g) and (h) of sub-section (1) shall be Master’s Degree
obtained on the concerned subject and experience of five years in the case

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of gazetted second class and that of seven years in the case of gazetted
first class, in an officer level post of any government service or a body
corporate registered as per the prevailing law or an international
association or institution.
Provided that, the term of work experience shall be less by Two
years in the case of a candidate who has done Ph.D.
(14) Other provisions relating to the fulfillment of
vacancies in the Legislature-Parliament Service and relating to that
of expert posts shall be as prescribed.
18. Provisions on requisition for vacancy fulfillment: (1) If any post
of the Legislature-Parliament Service falls vacant in any manner,
the secretariat shall give information thereof to the Public Service
Commission within one month after such vacancy.
(2) In making requisition for the fulfillment of vacancies in
the Legislature-Parliament Service, requisition may be made,
specifying the posts fallen vacant by that period and the posts that
are to fall vacant by way of retirement and promotion within the
running fiscal year.
(3) Other provisions relating to the requisition for vacancy
fulfillment shall be as prescribed.
19. Appointment to the Legislature-Parliament Service: (1)
Appointment to the post in the Legislature-Parliament Service as
required to be fulfilled by open and internal competition shall be
made only on recommendation of the Public Service Commission.
(2) The Secretary General shall, as per the decision of the
Committee, make appointment to the gazetted post of the

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Legislature-Parliament Service, and the Secretariat Secretary shall,
as per the decision of the Secretary General, make appointment to
the non-gazetted post.
(3) A notification of the appointment of gazette Employee
shall be published in the Nepal Gazette.
20. Disqualifications for being candidate: The following persons
shall not be qualified to be candidate for the post of the
Legislature-Parliament Service:
(a) A person who is not a citizen of Nepal,
(b) In the case of non-gazetted and classless post, one who
has not completed the age of 18 years,
(c) In the case of gazetted post, one who has not
completed the age of 21 years,
(d) In the case of male and female candidates, those who
have already completed the age of thirty five years and
that of forty years, respectively,
Provided, however, that:
(1) Any person who has not crossed the age of
forty years may be a candidate for such post of
the Legislature-Parliament Service as may be
specified for appointment of an ex-army or
police thereto.
(2) Any person who has not crossed the age of
forty five years made be a candidate in the

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open competition for the non-gazetted and
first class.
(3) The age bar shall not be applicable in the case
of permanent incumbent Employees of the
Legislature-Parliament Service and employees
other governmental service of the same nature.
Explanation: For the purposes of this Section, the
words “permanent incumbent employees of
other governmental service of the same nature”
means the employees of the civil service and
Nepal health service.
(e) Those who have been dismissed from the service,
with being disqualified for the Legislature-
Parliament Service and other government service in
the future,
(f) Those who have been convicted by the court of a
criminal offence involving moral turpitude.
21. Retention of lien: The Employee of the Legislature-Parliament
Service shall continue to have lien over his post in the following
circumstances:
(a) As long as he or she continues to function in that post;
(b) While he or she is on leave;
(c) While he or she is under suspension;
(d) While he or she is deputed by the Secretariat on other
business.

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22. Oath: Each Employee shall, before assuming his or her office after
being appointed for the first time to the permanent post of the
Legislature-Parliament Service, swear an oath as prescribed.
23. Probation period: (1) While making fresh appointment to any
permanent post of the Legislature-Parliament Service, such
appointment shall be made on probation for a period of six months
in the case of a female Employee, and one year, in the case of a
male Employee.
(2) If his or her performance is not satisfactory during the
probation period, his or her appointment may be canceled.
(3) The appointment of an Employee whose appointment
has not been cancelled pursuant to sub-section (1) shall be deemed
to have ipso facto been confirmed on the expiration of the
probation period.
Provided that if an employee who has once completed the
probation period in any permanent post of the Legislature-
Parliament Service or other governmental service is appointed to
the permanent post of the Legislature-Parliament Servic and
appears with the letter of dispatch, such an employee shall not be
required to again undergo the probation period.
Explanation: For the purposes of this Section, the words
“other government service” means the civil service and the Nepal
health service.
24. Not to hold without entrusting responsibility: (1) Except in the
following circumstance, no Employee may be held without
entrusting the responsibility of post to him or her fo a period
exceeding two months:

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(a) Where the Employee is on a long leave,
(b) Where the Employee is suspended,
(c) Where the Employee has to be retained in the lien post
due to his or her deputation elsewhere.
(2) If any Employee is held without entrusting the
responsibility of post to him or her in contravention f sub-section
(1), the office-bearer with obligation to entrust the responsibility to
and get such Employee to serve shall be subjected to departmental
action.
25. Leadership evaluation: Provisions relating to the evaluation of
leadership of the Employees of gazetted first class or above shall be
as prescribed.


Chapter-5
Promotion
26. Promotion: (1) While making promotion through the evaluation
of work efficiency, to the gazetted post of the Legislature-
Parliament Service, it shall be made on the recommendation of the
promotion committee.
(2) Notwithstanding anything contained elsewhere in this
Act, promotion to the post of gazetted special class of the
Legislature-Parliament Service shall be made as follows:

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(a) The promotion committee shall, to the extent of
availability, recommend those candidates who have
secured the highest marks on the work performance
evaluation, from amongst the potential candidates, in a
number that is three times higher than the number of
vacant posts, for promotion to the vacant posts of
gazetted special class; and the Committee shall
promote such candidate, from amongst the candidates
so recommended, as it may hold appropriate on the
basis of seniority and work efficiency.
(b) In order for any gazetted first class employee to be a
potential candidate for the post of special class a
referred to in clause (a), such employee shall also have
passed such a high level management training as
prescribed by the Government of Nepal.
Provided, however, that this provision shall not be
applicable to any promotion to be made within one
year after the commencement of this Section.
(c) While calculating marks of work performance
evaluation for the promotion to the special class as
referred to in clause (a), the work performance
evaluation form of such last year as the service for
which is required to become a potential candidate for
promotion.
(3) There shall be a promotion as prescribed to make
recommendation for promotion through the evaluation of work
efficiency to the non-gazetted post of the Legislature-Parliament
Service.

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27. Promotion committee: (1) There shall be a promotion
committee as follows to make recommendation for promotion t
the gazetted post of the Legislature-Parliament Servic :

(a) Chairman of the Public Service
Commission or Member of the Public
Service Commission designated by him or
her


- Chairperson
(b) Secretary General -Member
(c) Secretary at the Legislature-Parliament -Member
(d) Secretary at the Ministry of Law, Justice
and Parliamentary Affairs
-Member
(e) Expert in the concerned subject nominated
by the Chairperson of the Public Service
Commission

-Member
(f) Secretariat Secretary -Member-
secretary
(2) The secretariat of the promotion committee shall be
situated at the Legislature-Parliament Secretariat.
(3) The promotion committee shall publish the results of
promotion within four months after the deadline for the submission
of application forms.

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(4) The other procedures to be followed by the promotion
committee to make recommendation for promotion of Employees
shall be as prescribed.
28. Minimum service period and educational qualifications
required to be candidate for promotion: (1) In order to be a
candidate for promotion, one has to possess the educational
qualifications as prescribed for the post that is one class below the
class of the post to which promotion is made and have completed
the minimum service period as follows:
(a) Three years for a non-gazetted post,
(b) Five years for a gazetted post.
(2) Notwithstanding anything contained in sub-section (1),
even though an Employee who is women, indigenous/natio l ty,
Madhesi, Dalit, person with disability or a permanent resident of
the backward region has a service period that is the above-
mentioned service period less one year, such an Employee shall be
a potential candidate for promotion.
29. Ineligibility for being potential candidate for promotion:
Notwithstanding anything contained in Section 28, an Employee
shall not be eligible to be a potential candidate for promotion in
the following circumstances and during the following period:
(a) In the event of suspension, during the period of
suspension,
(b) In the event of withholding of promotion, during the
period of withholding,

25
(c) In the event of withholding of increment in salary,
during the period of withholding,
(d) In the case of an Employee who has changed the group
pursuant to Section 103, until the Employee completes
a service period of three years after the date of such
change of group.
30. Withholding and sanction of promotional appointment: If any
Employee is suspended or his or her appointment or salary
increment is withheld after he or she has been recommended for
promotion but before he or she gets promotional appointment, his
or her promotional appointment shall then be withheld during the
said period; and in the event of his or her acquittal of the
suspension or after the expiration of the period of withholding, he
or she shall be granted appointment and only seniority shall be
maintained as if he or she were not suspended or his or her
promotion or salary increment were not withheld.
31. Criteria for promotion: (1) In making recommendation an
Employee for promotion, the promotion committee shall make
such recommendation based on his or her work efficiency.
(2) In evaluating the work efficiency of the Employee, a
maximum of 100 marks shall be granted as follows:

(a) For work performance evaluation -fifty marks
(b) For seniority -thirty marks
(c) For educational qualifications -fifteen marks

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(d) For training -five marks

32. Evaluation of work performance: (1) The work performance
evaluation form as prescribed shall be used to evaluate the work
performance of the Employee.
(2) The distribution of the total marks for the work
performance evaluation of the Employee shall be as follows:

(a) Maximum marks that may be granted by
the supervisor
-thirty marks
(b) Maximum marks that may be granted by
the reviewer
-ten marks
(c) Maximum marks that may be granted by
the review committee
-ten marks

(3) The work performance evaluation of the gazetted
Employee shall be carried out on a semi-annual and annu l basis
and that of the non-gazetted Employee on an annual basis.
(4) In carrying out the work performance evaluation a
semi-annual basis pursuant to sub-section (3), the concerned
gazetted employee shall fill up the form in duplicate in the
prescribed format, indicating the specified functions, discharged
functions, functions which could not be completed and reasons for
the same and submit it to the supervisor within seven days after the

27
expiry of that period. The supervisor shall evaluate the form so
submitted, mention feedbacks to be provided in the specified space
of the form and return a copy to the concerned Employee within
another seven days. The annual work performance evaluation form
must be evaluated based on every work performance evaluation
form filled up on a semi-annual basis. The Authority may take
departmental action against the Employee who fails to fill up the
semi-annual work performance evaluation for in the spcified time
and the supervisor who fails to examine it and provide feedbacks.
(5) The work performance evaluation to be carried out n
an annual basis has to be carried out within the specified period,
and the evaluation has to be prepared in duplicate, nd one copy
thereof has to be retained in the promotion committee and the other
copy on the Secretariat.
(6) Each Employee shall fill up his or her work
performance evaluation form and register it with the S cretariat
within the prescribed period of time. If the concernd Employee
fails to register it within such period of time and makes an
application, accompanied by reasonable reasons therefor, for the
extension of time limit, the supervisor may, if he or she thinks the
reasons mentioned in the application to be reasonable, extend the
time limit for a period not exceeding fifteen days after the date of
expiration of the prescribed period of time. The review committee
shall subtract one mark from the total marks for the work
performance evaluation form registered after that time limit but
within the same financial year.
Provided that if any Employee has to go on deputation f r
any foreign training, symposium or study tour during the period
within which the work performance evaluation form has to be filled

28
in, the Employee shall, prior to so going, fill the work performance
evaluation form and register it with the Secretariat. The work
performance evaluation form so registered has to be evaluated as if
it were registered within the specified time.
(7) Departmental action shall be taken against the office-
bearer who does not evaluate, within the prescribed p riod of time,
the work performance evaluation form filled and registered by the
Employee in time.
(8) If, after the review committee has evaluated the annual
work performance evaluation to be carried out each year, the
concerned Employee makes an application for information of the
total marks of work performance evaluation that he or she has
secured in that year, the review committee secretariat shall give
such information.
Provided that information of the marks granted by the review
committee shall not be given.
(9) If, upon receipt of the information pursuant to sub-
section (8), any Employee is not satisfied with the evaluation made
by the supervisor and the reviewer, the Employee may ke a
petition, accompanied with concrete grounds and reasons for the
same, to the authority as prescribed within seven days. If a petition
is so made, such authority shall, in consultation with the concerned
supervisor and reviewer, make necessary examination, and may, if it
appears necessary, amend, as prescribed, the secured marks as
mentioned such an evaluation form.
(10) If the supervisor or the reviewer grants more than 95
per cent or less than 75 per cent marks for the work performance

29
evaluation to be carried out annually, he or she shall set out clear
reasons therefor; and where he or she grants less than 75 per cent
marks, he or she shall inform the concerned Employee th reof and
submit it to the review committee, along with the reactions, if any,
made by such Employee. The review committee may, if it is not
satisfied with the evaluation of the work performance carried out
by the supervisor or the reviewer or by both, return it, also setting
out the clear reasons therefor. In cases where it is so returned, the
concerned evaluator shall reevaluate it or set out justifiable
reasons why it is not necessary to amend the evaluation carried out
previously and forward it accordingly.
(11) While calculating marks for purposes of work
performance evaluation, the marks shall be calculated on the basis
of the average figure of the work performance evaluation form of
such last year as the service for which is required to become a
potential candidate for promotion.
Provided, however, that:
(1) Marks due for the work performance evaluation for
the period of training and study undergone or of the
period of suspension where the suspension of an
Employee has been released shall be granted in
proportion of the marks secured in the year
immediately preceding the departure for such study or
training or preceding such suspension, and, failing
such work performance evaluation, the marks shall be
calculated in proportion of the marks secured in the
work performance evaluation filled after having
attended the office.

30
(2) The potential candidacy shall be calculated only by
deducting the period of extra-ordinary leave
undergone; and the work performance evaluation
form shall not be filled up for the period of such
leave. The work performance evaluation of the
subsequent period shall be calculated after deducting
the period of extra-ordinary leave undergone, for the
service period of such years as required to be a
potential candidate for promotion.
(12) Other provisions relating to the work performance
evaluation shall be as prescribed.
33. Evaluation of seniority: While granting to the Employee marks for
seniority, a maximum of thirty marks shall be granted at the
following rate for having served in the following class that he or
she is holding at present.
(a) At the rate of 3.75 marks for each year for having
served in the non-gazetted third and second class
posts,
(b) At the rate of 3 marks for each year for having served
in the non-gazetted first class post,
(c) At the rate of 2.5 marks for each year for having served
in the gazetted third and second class posts.
Provided, however, that-
(1) While calculating marks for seniority, marks shall be
calculated on a proportional basis for a period of
more than one year by a few months or days.

31
(2) For purposes of this Section, no marks shall be
granted for the period of absence or extra-ordinary
leave undergone.
34. Evaluation of educational qualifications and training: (1) While
granting marks to the Employees for educational qualific tions,
marks shall be granted as follows, not exceeding fifteen marks for
the minimum educational qualifications required to join any post of
the service and for one additional educational degre which is
higher than the minimum educational qualifications and in a subject
related with the service, group or sub-group. Even in cases where
there is only the educational degree higher than the minimum
educational qualifications required to enter the servic , both marks
equal thereto shall be granted:

Educational qualifications (Degree) Marks
First
division
Second
division
Third
division
(a) For the minimum educational
qualification specified for
entry into the service

12

11.75

11.50
(b) For any one additional
educational degree in the
concerned subject, higher than
the minimum educational
qualification specified for
entry into the service













32
3 2.75 2.50
(2) In the case of an educational degree of which division
is not set out, the division determined by the Tribhuvan University
on the basis of marks secured shall be set.
(3) Except for the minimum educational qualifications
specified for the gazette second and first class pots to be filled
through open competition pursuant to clauses (g) and(h) of sub-
section (1) of Section 17, the minimum educational qualific tions
specified for entry into the service of gazette third class shall be
considered as the minimum educational qualifications al o for
promotion to the post higher than the gazette second class.
(4) For the in-service training, 5 marks, 4.75 marks and
4.50 marks shall be granted for the first, second anthird division,
respectively.
(5) While granting marks to the Employee for training,
marks shall be granted for an in-service training of a period of one
month or more, in a subject related with the service. In calculating
marks for the training, the marks shall be calculated only for that
class while in which class he or she has been nominated for the
training.
Explanation: The words “training of a period of one month”
shall mean a training of a period of thirty working days or more,
which is related with the service.
(6) The Employee shall submit certified copies of the
certificates of the educational qualifications and the in-service
training. No marks shall be granted therefor if he or she fails to
submit them.

33
(7) It shall be as decided by the relatedness determination
committee, as prescribed, as to whether the educational
qualification submitted by an Employee along with theapplication
for promotion is related with that service, group, sub-group. If the
relatedness of the educational qualification submitted with the
application for the purpose of promotion is determined by a date
before the holding of the meeting of the promotion committee, the
marks of such educational qualification shall be counted for
promotion.
(8) Provisions relating to institutions providing training to
the Employees and training standards shall be as prescribed by the
Committee, subject to this Section.
35. Special provision of promotion by evaluation of work performance
and experience: (1) Notwithstanding anything contained elsewhere in
this Act, any Employee, who has completed at least the following service
period in the post of the following class, and obtained the educational
qualification that is higher than the required minium educational
qualification specified for the post of the concerned group or sub-group at
the time of entering into the service or being grouped, after or later the
entry into or being grouped, shall be promoted to the one level higher
post:
(a) Non-gazetted Second Class - Ten years
(b) Non-gazetted First Class - Twelve years
(c) Gazetted Third Class - Fifteen years
(d) Gazetted Second Class - Eighteen years

34
(2) Notwithstanding anything contained in sub-section (1), if an
Employee has completed the service period of eighteen, fifteen and
thirteen years or more in the permanent post of the same class of gazetted
third class, non-gazetted first class and non-gazetted second class,
respectively, and obtained the educational qualifict on that is higher
than the required minimum educational qualification the subject
specified at the time of entering into the service or being grouped in the
post of the concerned service, group or sub-group, the Employee shall be
promoted to the one level higher post.
(3) The following conditions shall have to be fulfilled for the
promotion pursuant to sub-sections (1) and (2)
(a) Not being subject to action pursuant to Section 28;
(b) Having obtained the marks average of ninety percent or
more in the evaluation of work performance last three years.
(4) There shall be a promotion committee as follows to make
recommendation for promotion pursuant to sub-section (1) or (2):

(a) Member of the Public Service Commission
designated by the chairperson of the Public
Service Commission


- Chairperson
(b) Secretary -Member
(c) Secretariat Secretary -Member
Secretary


35
(5) The secretariat of the promotion committee as refer ed to in
sub-section (4) shall be situated at the Legislature-Parliament Secretariat,
and in making recommendation for promotion pursuant to this Section,
the promotion committee shall make such recommendation two times a
year once in the month of Poush and once in the month f Ashad in each
year.
(6) The one level higher special post of the concered service,
group or sub-group shall ipso facto be created at office where such
Employee is serving for making promotion pursuant to sub-section (1) or
(2), and after the concerned body has made promotion to such a post, the
Civil Employee Record Office shall register such post promoted to, with
effect from the date of the commencement of promotion.
(7) Such a post shall ipso facto lapse if the Employee who has
been promoted pursuant to sub-section (6) gets retirement by any reason
or is promoted to higher post or adjusted to the regist red post, and the
post shall ipso facto be settled as the earlier post before the post of his or
her promotion, and the Civil Employee Record Office shall maintain the
records of such post accordingly.
(8) The Employee promoted to a special post pursuant to sub-
section (6) shall have to perform the same functions as were being
performed by him or her while serving in the post prior to such
promotion, except in the case of adjustment made pursuant to Section 17.
Provided, however, that while counting the seniority, i shall be
counted of the post promoted to, and the Employee promoted as per this
Section shall be eligible to compete for all kinds of promotion for a post
of the class that is higher than that.

36
(9) Notwithstanding anything contained elsewhere in this
Section, the promotion provision as referred to in this Section shall not
apply to the post subject to up-gradation in level.
(10) Notwithstanding anything contained elsewhere in this
Section, promotion made pursuant to this Section shall not be prejudicial
to the provision of fulfillment of posts through open competition.
(11) The procedures for inviting applications for promotion by
evaluation of work performance and experience, result p blication and
period, complaint against promotion and adjustment of promoted
Employees and other provisions relating to procedurs shall be as
prescribed.
36. Provisions relating to upgradation of classless Employees: (1) The
levels of the classless posts shall be as follows:
(a) First level,
(b) Second level,
(c) Third level,
(d) Fourth level,
(e) Fifth level.
(2) The employee who is first appointed to the classless post
shall be maintained into the first level.
(3) The competent authority shall upgrade as follows the
classless Employees who have not been punished and recorded pursuant
to Section 104:

37
(a) Second level in the case of one who has the service period
of five years or more but less than ten years,
(b) Third level in the case of one who has the servic period of
ten years or more but less than fifteen years,
(c) Fourth level in the case of one who has the service period of
fifteen years or more but less than twenty years,
(d) Fifth level in the case of one who has the servic period of
twenty years or more.
(4) Notwithstanding anything contained elsewhere in this
Section, in the case of an Employee who has completed the service
period of twenty five years or more in the classless post, the Employee
shall be maintained at the sixth level at the time of retirement for any
reason whatsoever, and provided with the other facilities including
pension on the basis of the salary scale as per that level.
(5) The salary scale of the Employees of the levels as referred
to in sub-sections (3) and (4) shall be as prescribed.
(6) Other provisions relating to updragation of level shall be as
prescribed.
37. Sheet roll/personal details to be maintained accurately: The
sheet roll/personal details of the Employees shall be accurately.
38. Complaint on promotion: (1) The concerned Employee, who is
not satisfied with the promotion recommendation made by the
promotion committee, may file a complaint with the Committee
within thirty-five days from the date of such recommendation. The
Employee who so makes a complaint has clearly mention, inter
alia, clear reasons why he or she should be promoted. The

38
complaint so filed shall be settled within sixty days after the date
of expiry of the time limit for filing complaint.
(2) If, following the settlement of a complaint filed
pursuant to sub-section (1), the promotion name-list previously
published is to be amended, the Committee shall give a notice
thereof to the promotion committee.
(3) If a complaint filed pursuant to sub-section (1)is held
to be false, two marks and three marks of such a complainant shall
be deducted on the promotion to be made following the complaint,
for the complaint made for the first and second time, respectively.
(4) The other provisions on complaint on promotion shall
be as prescribed.
39. Special provision relating to promotion: (1) Notwithstanding
anything contained elsewhere in this Act, if any Employee of the gazette
first class or below than that holding the same post f r at least fifteen
years has one month left to get retirement pursuant to Section 45, such
Employee shall be promoted to one class higher post.
(2) Notwithstanding anything contained elsewhere in this Act,
if any Employee of the gazetted first class or below than that holding the
same post for at least fifteen years intends to have voluntary retirement
pursuant to Section 35 and makes an application therefor, such Employee
shall be granted retirement by promoting him or her to one class higher
post.
(3) A special post shall ipso facto be created to make
promotion pursuant to sub-section (1) or (2) and that post shall ipso
facto lapse upon the retirement of such an Employee fromservice.

39
(4) Notwithstanding anything contained elsewhere in this
Section, an Employee who dies after the completing he period as
referred to in this Section in the same post, the pension and other
facilities payable to one level higher post shall be provided to the family
of such an Employee.
(5) Notwithstanding anything contained elsewhere in this
Section, any Employee of gazetted first and second class holding the
same post for at least fifteen years wishes to take retirement with
promotion, such Employee shall be granted retirement by promoting him
or her to one class higher post.
Chapter-5
Salary, Allowance, Dashain Expenses and Other Facilities
40. Salary, allowance, Dashain expenses and other facilities salary
and allowance: (1) The Employee shall be entitled to the same
salary from the day of assumption of his or her post as is receivable
by an employee of the similar level of other government service of
the Government of Nepal.
(2) Except in the circumstances stipulated in Sections 82
and 83, after the commencement of this Act, each Employee shall
be entitled to such an increment in salary as may not be less than
the salary of one day of the basic pay scale of the post which he or
she is holding, upon completion of one of service. The number of
salary increment to be so receivable shall be the same s that of the
employee in the civil service. In the event of withholding of
increment in salary of any Employee, the concerned official shall
mention in writing on which date the increment in salary is to be
sanctioned.

40
Provided that the total amount of annual salary increment to
be receivable by the Employee pursuant to this sub-section shall
not be more than the amount specified by the Government of Nepal
for the concerned class of the civil service.
(3) An amount as determined by the Committee may be
provided as an additional facility to the Office-bear rs or
Employees who are engaged in service while the session or meeting
of the Legislature-Parliament or the meeting of Committee is being
held and where such Office-bearers or Employees are to be engaged
in work overtime such tiffin, food and overtime as well as other
allowance as determined by the Committee may be provided to
them.
(4) The salary and other facilities of the Employees shall
be as determined by the Committee.
(5) Such amount as may be determined by the Committee
may, as required, be provided to the Office-bearers or Employees
who are engaged in any business of the Legislature-Parliament, in
addition to the daily allowance and travelling allowance to which
they are entitled pursuant to the laws in force.
(6) The Employee shall receive an amount equivalent to
the salary of one month being earned by him or her as the festival
expenses each year for the festival which he or she cel brates as per
his or her religion, culture and tradition. The Employee may
receive payment of such amount once in a financial year on the
occasion of the main festival to be celebrated as per his or her
religion, culture and tradition.

41
(7) An Employee who has got retired with entitlement to
pension shall be entitled to a sum equivalent to the pension of one
month payable to him or her, as the festival expenses.
(8) After budget has been passed by the Legislature-
Parliament, the Employee shall each year receive an incentive in an
amount equal to the salary of one month being drawn by him or
her.
Explanation: For the purposes of this sub-section, the term
“Employee” shall include an Employee who is serving on
deputation in the Secretariat for the business of the Legislature-
Parliament.
(9) The provisions relating to medical expenses, disability
pension, facilities payable on grounds of mutilation, extra-ordinary
family pension and gratuity, reward, educational allowances,
housing allowance, pension to the offspring, child care allowance
and other facilities receivable by the Employees shall be as
prescribed.
41. Entitlement to earned salary and allowance: (1) Each Employee
shall receive salary, allowance upon completion of each month.
(2) Each Employee shall receive his or her earned salary
and allowance, even if he or she is relieved of the service for any
reason whatsoever.
(3) Except as provided in this Act or the rules framed
hereunder, no salary of any Employee shall be deducted.
(4) The salary to which any Employee is entitled shall not
be withheld during the period he or she is serving or is on leave.

42
(5) Notwithstanding anything contained elsewhere in this
Act, no Employee shall be provided with salary without having a
salary report passed by the Civil Employee Records Office each
year.
42. Salary receivable in the event of suspension: (1) If any
Employee is suspended pursuant to Section 87, such Employee
shall receive only half of his or her salary during the period of such
suspension.
Provided, however, that if the charge against him or he is
not proved and he or she is acquitted of the charge, he or she shall
receive the salary less the half salary, if any, he or she has received
during the period of suspension and the full salary (including
increment in salary, if any, to be made) if he or shehas not received
the half salary, and the festival expenses. If he/s i convicted, he
or she shall not be entitled to the salary for the date of such
suspension.
(2) If any Employee is suspended for any reason other
than that mentioned in sub-section (1), he or she shall not be
entitled to any salary, allowance for the period of such suspension.
43. Deposit of contribution to Employee Provident Fund: An
amount at the rate of ten per cent of the monthly salary of the
Employee shall be deducted, and the Secretariat shall, adding the
amount of one hundred per cent thereof to such amount, deposit
the total amount in the Employee Provident Fund.
44. Work performance incentive fund: (1) The Secretariat shall
provide for a work performance incentive fund in orde to

43
encourage the Employees based on work performance, work results
and achieved results.
(2) The operation, management and other provisions of the
fund as referred to in sub-section (1) shall be as prescribed.
Chapter-7
Retirement, Gratuity and Pension
45. Compulsory retirement: (1) Any Employee who has completed
the age of sixty years shall ipso facto retire from the service.
(2) Notwithstanding anything contained in sub-section (1),
the Employee who is holding the post of special class shall ipso
facto retire from the service after he or she has completed the
service period of five years.
(3) For purposes of this Section, the age of an Employee
shall be calculated on the basis of the age to be set from the birth
day or year inscribed in the certificate of educational institute
submitted by him or her at the time of joining the service or the age
to be set from the birth day or year inscribed in the citizenship
certificate or the age to be set from the birth day or year inscribed
in the sheet roll/personal details filled up by him or her at the time
of joining the service, at whichever age he or she gets retired
earlier.
46. Power to award retirement: The Committee may, in the following
circumstances, retire any Employee from the Legislature-Parliament
Service:
(a) If any Employee is proved to have provided or attempted to
provide secret governmental documents, deeds or information

44
under his or her custody or obtained by him or her in any
manner to any unauthorized person or body,
(b) If any Employee is proved to have committed an
irresponsible conduct contrary to the dignity of his or her
post, by maintaining undesirable contact with any foreign
country, organization or citizen contrary to the national
interests.
47. Special provision in respect of retirement of incapacitated
employee: If it is certified by the medical board constituted by the
Government of Nepal that any Employee is unable to serve
regularly owing to a physical or mental disease, the Committee may
retire the Employee, by adding a service period of seven years in
maximum to his or her service period.
48. Voluntary retirement: (1) Any Employee who is eligible to
receive pension and has completed the age limit of fifty years may
voluntarily retire from the service on such terms and within such
period as set forth and specified in a notification published by the
Committee in the Nepal Gazette. A service period not exceeding
seven years shall be added and the total service period shall be
fixed for pension in such a manner that the age of the Employee
who so retires voluntarily does not cross sixty years.
(2) Notwithstanding anything contained in sub-section (1),
if an Employee who is eligible to have pension and has completed
the age limit of fifty years intends to have voluntary retirement, the
Employee may make an application to the Committee. Voluntary
retirement may be awarded to such an Employee who so intends to
have voluntary retirement by promoting him or her to one level
higher post in the event that he or she is entitled o promotion to

45
one level higher post pursuant to Section 39, and adding the service
of a maximum of seven years in a manner not to exceed th age of
sixty years.
49. Gratuity: (1) If any Employee, who has served for five years o
more but has not completed the period required for pension, retires
or leaves the Legislature-Parliament Service by getting resignation
accepted or is removed from the post without being disqualified for
the Legislature-Parliament Service or other government service in
the future, he or she shall receive gratuity at the following rate:
(a) In the case of an Employee who has served from five
years to ten years, half the last month's salary for each
year of his or her service,
(b) In the case of an Employee who has served for more
than ten years up to fifteen years, the last one month's
salary for each year of his or her service,
(c) In the case of an Employee who has served for more
than fifteen years but less than twenty years, the last
one and half month's salary for each year of his or
her service.
(2) Notwithstanding anything contained in sub-section (1),
no gratuity shall be paid to any Employee who is proved to have
lied about citizenship or age or qualification with t e intention of
holding the Legislature-Parliament Service, and such Employee
shall also be liable to punishment pursuant to the laws in force for
having lied.

46
50. Pension: (1) An Employee who has served for a period of twenty
years or more shall be entitled to a monthly pension at the
following rate:
Total year of service X amount of the last salary
50
Provided, however, that:
(1) No Employee who has been dismissed from the
Legislature-Parliament Service with being disqualified
for the Legislature-Parliament Service or other
government service in the future shall be entitled to
the pension pursuant to this Section.
(2) No pension shall be paid to any Employee who is
proved to have lied about citizenship or age or
qualification with the intention of holding the
Legislature-Parliament Service.
(2) Notwithstanding anything contained in sub-section (1),
where the Employees who fall in the class and are appoint to the
post for which the age limit is specified as forty years for the entry
into service do not have the pensionable service period at the time
of compulsory retirement because of age, pension may be provided
to such Employees by adding the service period of a maximum of
two years.
(3) If any Employee, who has been in service in the civil
service since 21 Kartik 2049 (6 November 1992) ago and
subsequently set in the Legislature-Parliament Servic , has already
completed the service period of thirty years, he or she may retire

47
from service voluntarily. The total service period of the Employee
who has so retired voluntarily from service shall be set by adding
such remaining period as required for him or her to complete sixty
years of age.
(4) Notwithstanding anything contained in sub-section (1),
the minimum amount of pension shall not be less than half t e
amount of basic figure of salary of the incumbent Employee of the
same post and the maximum amount thereof shall not be morthan
the basic scale of salary of the incumbent Employee of the same
post.
(5) If any Employee who has completed the service period
of fifteen years dies, a maximum period of five years shall be added
to his or her service period, and his or her family shall be allowed
to receive either pension or gratuity, whichever that family chooses.
(6) If any person who is receiving pension on account of
his or her earlier service in any government post is appointed to any
post of the Legislature-Parliament later, he or she all be entitled
to pension pursuant to this Section, with the addition of the period
of his or her earlier service to that of his or her subsequent service.
51. Increment in pension: Where the salary or salary of the incumbent
Employees of the Legislature-Parliament Service is increased, two-
third amount of the increment in the basic figure of salary shall also
be added to the amount of pension of the retired Employees of the
same post.
Provided, however, that this provision shall not be applicable
to the Employee entitled to pension pursuant to Section 52.

48
52. Special provision relating to pension and gratuity: (1) The
Government of Nepal shall set up a separate gratuity and pension
fund for purposes of providing gratuity and pension to those
Employees who are appointed after the date specified by the
Government of Nepal by a notification in the Nepal Gazette, and an
amount at the rate of ten per cent of the monthly salary of such
Employees shall be deducted, and the Government of Nepal shall,
adding the amount equal to ten per cent of the monthly sa ary to
such amount, deposit the total amount in that fund.
(2) The provisions relating to gratuity and pension as set
forth in Sections 48, 49, 50, 51, 53 and 54 shall not be applicable
to those Employees who are appointed after the publication of the
notice as referred to in sub-section (1).
(3) The Government of Nepal shall provide the amount
equal to that deducted from the monthly salary pursuant to sub-
section (1) to such an Employee at the time of payment of salary to
him or her.
(4) Notwithstanding anything contained in sub-section (3),
an Employee who has been dismissed from the service with being
disqualified for the government service in the future pursuant to
sub-clause (2) of clause (b) of Section 81 shall be entitled to
receive a lump sum of the total amount deducted from his or her
salary to that fund and interest as well as profit accrued therein and
therefrom.
(5) Other provisions relating to the management and
operation of the amounts to be deposited in the gratuity and
pension fund set up pursuant to sub-section (1), procedures for the
deduction of funds, payment of fund deducted amounts for

49
purposes of gratuity and pension and fund deductions shall be as
prescribed by the Government of Nepal.
53. Family pension and gratuity: (1) If any Employee dies while in
service or prior to completion of seven years after h or she started
to receive pension, a gratuity or pension as provided for in Section
49 or 50 shall be provided to his or her family or minor brother or
unmarried sister.
Provided, however, that in the case of pension, such pension
shall not be available for more than seven years. No pension shall
be provided to the family of the Employee, who died prior to
completion of seven years after he or she started to receive pension,
after completion of seven years.
(2) Notwithstanding anything contained in sub-section (1),
if the recipient of such pension is a minor, he or she shall be
entitled to such pension until he or she attends majority.
(3) The widower husband or widow wife of an Employee
shall be entitled, for life, to half the amount of pension receivable
by such Employee from the date of expiration of the period during
which such widower husband or widow wife is entitled to family
pension pursuant to sub-section (1) by reason of the death of her
husband or his wife while in service or prior to completion of seven
years after he or she started to receive pension and from the date of
death of such employee where such widower husband or widow
wife is not entitled to such family pension or where his wife or her
husband dies after completion of seven years after he or she started
to receive pension.

50
Provided, however, that if such widower husband or widow
wife concludes another marriage, he or she shall not be entitled to
this kind of pension facility.
(4) Notwithstanding anything contained in sub-section (3),
if the widower husband or widow wife of the Employee, who is
receiving pension, dies or concludes another marriage, the minor
offspring of such an Employee shall be entitled to the amount of
such pension until the offspring attains majority.
(5) Where the salary of the incumbent Employee is
increased, the two-thirds of the total amount increased in the figure
of basic salary shall also be added to the amount of family pension
of the person receiving family pension pursuant to sub- ections (1),
(2) and (3).
(6) If any Employee dies prior to receiving any amount to
which that Employee is entitled pursuant to this Act, such amount
shall be paid to the person from amongst his or her family members
who is held to be entitled to the gratuity or pension of that
Employee pursuant to this Act.
(7) In providing gratuity or pension, if the deceasd
Employee has nominated any member of his or her family or his or
her minor brother or unmarried sister, gratuity or pension shall be
provided to such person, and if, for any reason, gratuity or pension
cannot be provided to such person or if nobody has been
nominated, it shall be provided to such person from amongst the
members of his or her family as may be deemed appropriate by the
Committee.

51
54. Pension and gratuity of disappeared employee: (1) If any
Employee has disappeared and whose whereabouts are not traced,
whether he or she is dead or alive, the amount of gratuity or
pension to which such Employee is entitled pursuant to Section 49
or 50 shall be provided to his or her family.
(2) Notwithstanding anything contained in sub-section (1),
his or her family shall be provided with the family pension equal to
the full amount of pension for up to seven years if a person who is
entitled to pension pursuant to Section 50 disappears prior to
receiving pension and for up to the period remaining to complete
seven years if the person disappears after starting o receive
pension, and after that period, his or her wife or husband shall be
provided with family pension equal to half the amount of pension
for life.
(3) If the Employee disappeared is traced subsequently,
the gratuity as referred to in Section 49, if not paid yet, or the
amount of pension receivable under Section 50 shall be provided to
himself or herself from the date on which he or she claims for the
same.
Provided, however, that the person traced subsequently shall
not be entitled to claim such amount of gratuity, pensio or family
pension as has already been paid pursuant to sub-section (1) or (2).
55. Special provision relating to family pension: (1)
Notwithstanding anything contained elsewhere in this Act, if
any Employee dies due to conflict in the course of discharging the
function deputed by the Government of Nepal, and the period of
service of such an Employee is less than twenty years, the pension

52
as referred to in this Act shall be provided for life to his or her
husband or wife by adding the remaining period.
(2) The person receiving the pension as referred to in sub-
section (1) shall not be entitled to the family pensio or gratuity as
referred to in Section 53.
(3) If the person receiving the pension pursuant to this
Section marries again, he or she shall not be entitld to such
pension.
(4) Where the salary of the incumbent Employee is
increased, the two-thirds of the total amount increased in the figure
of basic salary shall also be added to the amount of family pension
of the person pension pursuant to this Section.
(5) If the person who is receiving pension pursuant to his
Section or marries again, the minor son, daughter, if any, of the
deceased employee shall receive, as prescribed, the amount of such
pension until the son, daughter attain majority.
56. Special economic facility: If an Employee dies while in service,
his or her family shall be provided with a lump sum of one hundred
fifty thousand rupees.
57. Reference of salary: (1) Wherever a reference of salary is made in
various places of this Act, it shall mean the concered Employee's
salary amount (including salary increment) for the time being.
(2) For purposes of Sections 49 and 50, the term "last
salary" shall mean the concerned Employee's salary at the time of
his or her retirement, and if any Employee has been on extra-

53
ordinary leave or under suspension at the time of such retirement,
the amount of full salary shall be computed even for such period.
58. Provision relating to insurance: The provision relating to the
insurance facility of the Employee shall be as prescibed.
59. Leave to which Employee is entitled: (1) The Employees shall be
entitled to the following leaves, as prescribed:
(a) Casual and Festival Leave;
(b) Home Leave;
(c) Sick Leave;
(d) Maternity Leave;
(e) Maternity Care Leave;
(f) Obsequies Leave;
(g) Substitution Leave;
(h) Study Leave;
(i) Extra-ordinary Leave.
(2) Notwithstanding anything contained in sub-section (1),
if the husband or wife of any Employee is deputed to the Nepalese
Embassy or mission situated abroad, such an Employee shall be
entitled to the leave without pay as prescribed. The period of leave
so undergone shall not be counted in his or her servic period.
(3) The other provisions and procedures relating to leave
shall be as prescribed.

54
60. Provisions relating to study, training or study tour: The
provisions relating to the study, training or study tour of the
Employees shall be as prescribed.
Chapter-7
Conduct
61. Punctuality and regularity: An Employee shall attend his or her
office regularly during the time appointed by the Secretariat and
shall not remain absent from the duty without having prior sanction
of leave as far as possible.
62. Discipline and obedience: (1) An Employee shall remain in
discipline and perform his or her duties with honesty and
promptness.
(2) An Employee shall expeditiously carry out any orders
given by his or her superior officer on matters relating to the
business of the Legislature-Parliament.
(3) An Employee shall show due respect to all the
employees superior to him or her and treat his or her subordinate
employees properly.
(4) An Employee who remains absent from his or her
office without having a leave sanctioned may be subjected to the
marking as non-attendant (Gayal) and salary deduction. The period
of such non-attendance shall not be computed in the service period.
63. Restriction on using political or undue influence: No Employee
shall, with intention to satisfy his or her personal interests on
matters relating to his or her service, exert or attempt to exert any
political or other undue influence upon any other Employee.

55
64. Restriction on taking part in politics: An Employee shall not
take part in politics.
65. Restriction on making criticism: (1) No Employee shall, on
his or her real or pseudo name or anonymity, publish any feature
article, provide any news to the press, broadcast a peech through
radio or television etc., make any public speech or publish any
statement in such a manner as to be contrary to the policies of the
Legislature-Parliament and the Government of Nepal or t
undermine the mutual relationship between the Government of
Nepal or Legislature-Parliament and the people or the relationship
with any foreign country.
(2) Notwithstanding anything contained in sub-section (1),
it shall not bar the publishing or broadcasting of any feature article
in such a manner as not to be contrary to the prevailing law and the
policies of the Legislature-Parliament and the Government of
Nepal.
66. Restriction on publishing news relating to business of
Legislature-Parliament: No Employee shall, without being
authorized, provide or divulge, directly or indirectly, to any other
unauthorized employee or non-governmental person or press any
confidential matter which was known to him or her in the course of
performing the governmental duty or any matter prohibited by law
or any document or news written or collected by him or her. This
restriction shall also be applicable to a person who has been
relieved of service for any reason whatsoever.
67. Restriction on receiving gift, present, donation etc. and
borrowing: (1) No Employee shall, without prior approval of the
Secretariat, accept a gift, donation, present or gratification of any

56
kind either by him or herself or through any member of his or her
family, or ask for donation or borrow any loan from any person
concerned with the business of the Legislature-Parliament or the
Government of Nepal, in such a manner as to affect the business of
the Legislature-Parliament or the Government of Nepal in any
manner.
(2) If any Employee happens to receive any present from
any foreign government or any representative of such foreign
government, he or she shall inform the Committee about it and
shall act accordingly as sanctioned.
68. Restriction on establishing and operating company and
carrying on trade or profession: (1) No Employee shall, without
prior approval of the Secretariat, carry out the following acts:
(a) To participate in the establishment, registration r
operation of any bank, consultancy service or
company,
(b) To carry on any trade or profession requiring
registration according to the prevailing laws,
(c) To accept any kind of employment elsewhere.
(2) Notwithstanding anything contained in sub-section (1),
an Employee may carry out any literary, scientific or artistic works
in a manner not to be contrary to the policies of the Government of
Nepal.
69. Restriction on taking part in election: No Employee shall take
part in an election to any political post nor shall solicit vote for
anyone nor shall exercise influence of any kind in the election.

57
Provided, however, that this shall not bar the exrcise of his
or her right to vote conferred under the prevailing laws, without
revealing whom he or she has voted or intends to vote f r.
70. Restriction on agitation and strike: No Employee shall perform
an agitation, participate in a strike or entice anyo e to perform such
acts in a manner to undermine the sovereignty and integrity of
Nepal, the law and order situation of the country, external relations
and public decency and make contempt of court, create hatred
among the peoples of various castes, tribes, religions, classes,
regions and communities or aid and abet any crime.
71. Restriction on staging strike, detention and Gherao: No
Employee shall stage any strike or pen-down action and exert any
pressure inflicting physical or mental suffering or entice other
persons to commit such acts in a manner to cause hindrance or
obstruction to any officer in the performance of the duties required
by law.
72. Restriction on making representation: No Employee shall make
representation on behalf of any person or group, except for making
petition to the concerned body or official either by him or herself
or through his or her attorney in respect of any grievance caused to
him or her.
Provided, however, that this Section shall not be de med to
bar the making of representation to be made on behalf of the
employee union formed pursuant to Section 73 and the performing
of any act required to be performed based on the respon ibility of
the post of employee.

58
73. Employee union: (1) The Employees of gazetted third class or lower
than that, except the Marshals, may form an employee trade union for
their professional entitlement and welfare.
(2) If the employee union existing at the Legislature-
Parliament at the time of commencement of this Act makes an
application, accompanied by the statute of the union and the name-
list of the office-bearers of the executive committee, the Secretariat
shall give recognition to it as an employee union.
(3) The functions, duties and powers of the employee
union formed pursuant to this Section shall be as follows:
(a) To render constructive suggestions and assistance to
the Secretariat for making the Legislature-Parliament
Service effective and dynamic by protecting and
promoting the rights and interests of the Employees,
(b) To render suggestions to the Secretariat on matters of
laws related with the Legislature-Parliament Service,
(c) To present the demands relating with the professional
rights and interests of the Employees with the
Secretariat and maintain mutual dialogue and consent.
(4) The other provisions relating to the election, formation and
operation of the employee union shall be as prescribed.
74. Statement of property: Every Employee shall submit a statement
of his or her property to the Secretariat within one month of his or
her assumption of office.
75. Prohibition on torture: (1) No Employee shall subject any one to
torture.

59
(2) No Employee shall commit, or cause to be committed,
sexual abuse and domestic violence.
76. Other conduct: (1) In discharging duties in his or her office, an
Employee shall treat all in a decent manner.
(2) An Employee shall bear the responsibilities which may
arise according to his or her office and post and perform works in
an impartial, fair, efficient and prompt manner.
(3) No Employee shall use or utilize any governmental
property for his or her domestic work.
(4) No Employee shall engage any employee so appointed
as to receive salary, allowance from the government rvenue in his
or her domestic work.
77. To keep conduct compatible with own service and post: (1)
Every Employee shall also keep his or her conduct compatible with
his or her service or post.
(2) If any Employee is not punctual, does not carry out
the order given by the employee superior to him or her on matters
relating to any government business or becomes reckless or slow on
office works, the concerned supervisor may give a warning to such
an employee, with setting out the reason therefor; and records
thereof shall be maintained in the sheet roll/personal details file of
the concerned Employee.

Chapter-9
Service Security

60
78. Security of service of Employee: No Employee shall, except in
any of the following circumstances, be removed or dismis ed from
the Legislature-Parliament Service without providing him or her
with a reasonable opportunity to defend himself or he self:
(a) Having been convicted by a court of a criminal offence
involving moral turpitude,
(b) While holding a temporary post,
(c) Having disappeared and whose whereabouts are not
known or there are sufficient grounds that it is not
possible to establish contact with him or her,
(d) Having been convicted by a court of a corruption charge.
79. Saving of Employee: (1) No case may be instituted against
any Employee in respect of any business performed by him or her
considering it to be the carrying out of the duties of his or her post,
without fulfilling the procedures as mentioned in sub-section (2).
(2) In order to institute a case against any Employee
pursuant to sub-section (1), an approval of the Secretary General
shall be required in respect of a criminal case; andthe 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 or her attorney, if
any, has been delivered to the Secretary General or the
concerned Employee or sent by post through a
registered mail and a copy of such notice has been
submitted to the Secretariat.

61
(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 Employee in
the course of discharging the duties of his or her post while he or
she was incumbent, no case may be instituted against him or her
without obtaining approval pursuant to sub-sections (2) and (3),
even after the termination of his or her service.
(4) If approval is given to institute a case pursuant to sub-
section (3), the Secretariat shall defend on his or her behalf.
80. Security of conditions of service: The conditions of service
relating to salary, gratuity, pension and other facilities of any
Employee prevailing at the time of his or her appointment shall not,
without his or her consent, be so altered as to cause adverse effects
on him or her. If any subsequent amendment causes adverse effects,
in any manner, on such conditions of service of any Employee who
is already incumbent prior to such amendment, such amended
provisions shall not be applicable to him or her in absence of his or
her written consent agreeing to the application of such provisions.

Chapter-10
Punishment and Appeal
81. Punishment: An employee may be subjected to the ordinary or
special punishment as follows if there exist appropriate and
sufficient reasons:
(a) Ordinary Punishment:

62
(1) Censure,
(2) Withholding of a maximum of two salary increments or
withholding of promotion for up to two years,
(3) Withholding of from two to five salary increments or
withholding of promotion for two to five years.
(b) Special punishment:
(1) Removal from service, without being disqualified for
the Legislature-Parliament Service and other
government service in the future.
(2) Dismissal from service, with being disqualified for the
Legislature-Parliament Service and other government
service in the future.
82. Censure or withholding of a maximum of two salary increments
or withholding of promotion for up to two years: Punishment of
censure or withholding of a maximum of two salary increments or
withholding of promotion for up to two years may be imposed on
an Employee, in any of the following circumstances:
(a) If the function performed by him or her is not
satisfactory,
(b) If he or she fails to hand over the charges pursuant to
the prevailing law,
(c) If he or she is given warning in writing for up to two
times a year pursuant to sub-section (2) of Section 77,

63
(d) If he or she fails to responsibly perform the duties of
his or her post as specified by this Act or the
prevailing law,
(e) If he or she fails to observe any direction given by the
official superior to him or her in respect of his or her
frequent disregard of grievances and complaints of the
stakeholders,
(f) If the office-bearer obliged to enforce, or cause to be
enforced, the job description fails to do so.
83. Withholding of promotion for two to five years or withholding
of two to five salary increments: Punishment of withholding of
promotion for two to five years or withholding of two to five salary
increments may be imposed on an Employee, in any of the
following circumstances:
(a) If he or she commits breach of discipline,
(b) If he or she violates the matters relating to conduct
mentioned in this Act and the rules framed hereunder,
(c) If he or she fails to settle advances pursuant to the
prevailing law,
(d) If he or she frequently remains absent from office
without obtaining prior approval.
84. Removal or dismissal from service: (1) An Employee may be
removed from service, without being disqualified for the
Legislature-Parliament and other government service in the future,
in any of the following circumstances:

64
(a) If the Employee fails to perform the duties or
responsibilities of his or her post due to his or he own
incapacity,
(b) If he or she frequently violates the matters relating to
conduct,
(c) If he or she frequently consumes alcoholic substances
during the office hours,
(d) If he or she frequently commits acts of indiscipline,
(e) If he or she takes part in politics,
(f) If he or she frequently neglects the responsibilit es of
his or her post,
(g) If he or she absents himself or herself from his or her
office continuously for sixty days without having
sanction of a leave.
(2) An Employee may be dismissed from service, with
being disqualified for the Legislature-Parliament and other
government service in the future, in any of the following
circumstances:
(a) If he or she is convicted by a court of a criminal
offence involving moral turpitude,
(b) If he or she commits corruption.
85. Special provisions relating to departmental action and
punishment: (1) Notwithstanding anything contained elsewhere in
this Act, an Employee who remains absent from his or he office
without obtaining leave in contravention of Section 61 may be

65
marked as absent and his or her salary may be deducted. The period
of such absence without approval shall not be counted in the
service period.
(2) Notwithstanding anything contained elsewhere in this
Act, an Employee who remains absent from his or her office for a
period exceeding consecutive sixty days without getting leave
sanctioned shall be marked as absent and he or she shall not be
allowed to make attendance. If he or she is allowed to make
attendance, the office-bearer allowing him or her to make
attendance shall be subjected to departmental action pursuant to
Section 82, and the salary and allowance as well receiv d by the
Employee who has been so allowed to make attendance shall be
recovered from the office-bearer allowing him or her to make
attendance as governmental dues.
86. Departmental punishment awarding official: (1) The following
authority shall have the powers to issue order of punishment to the
Employee pursuant to clause (b) of Section 81:
(a) The Committee, in the case of an Employees serving in
the post of gazette first class and thereabove,
(b) The Secretary General, in the case of the Employees of
gazette second and third classes,
(c) The Secretariat Secretary, in the case of gazette
Employees.
(2) The prescribed authority shall have the powers to
order the punishment as referred to in clause (a) of Section 81.

66
87. Powers to suspend: (1) If the investigation of any charge
mentioned in Section 84 is to be conducted in respect of any
Employee, the Committee may suspend such an Employee until the
conclusion of the investigation.
Provided, however, that generally suspension shall not be
made unless the following circumstance exists:
(a) Where there is a possibility that he or she canollect
false evidence or conceal any evidence against him or
her if he or she is not suspended and is allowed to
carry out the duties of his or her post, or
(b) Where there is a possibility of loss or damage to any
act of the Legislature-Parliament Service if he or she is
not suspended and is allowed to carry out the duties of
his or her post.
(2) In suspending an Employee pursuant to sub-section
(1), he or she shall not be suspended ordinarily for m re than two
months. The action against the Employee has to be completed
within that period. If such action cannot be completed within that
period because of the occurrence of any extra-ordinary
circumstance and the period of suspension has to be extended, the
period of suspension may be extended for up to one month with the
prior approval of the Public Service Commission.
(3) Any Employee arrested and detained for a criminal
charge involving moral turpitude shall be deemed to have ipso
facto been suspended during the period of such detention.
(4) If any Employee is reinstated in his or her post r the
period as referred to in sub-section (2) is completed or he or she is

67
removed or dismissed from service, his or her suspension hall
stand terminated.
88. Providing opportunity for defense: (1) The Committee shall,
prior to issuing an order of punishment to any Employee, serve on
him or her a notice, explaining the reason for taking such action
and give an opportunity to defend himself or herself within a
reasonable time limit. In giving such opportunity, the charge against
him or her shall be clearly indicated and the facts and grounds on
which each charge is based must be specified. In such case, the
concerned Employee shall also submit his or her defense within the
time limit; and the Committee shall seriously consider the defense
so submitted.
(2) The Committee may, if it thinks necessary, conduct an
investigation either by itself or through any other officer. The
officer conducting the investigation shall follow the prescribed
procedures.
89. To propose punishment prior to issuance of order of special
punishment: If the concerned Employee does not submit defense
within the time limit given for the submission of defense pursuant
to Section 88 or if the defense submitted by such Employee is not
satisfactory, the Committee shall, prior to issuing an order of
special punishment, ask such Employee to furnish an explanation
why the proposed punishment intended to be imposed on him or
her should not be imposed on, within a reasonable tim l mit in this
respect.
90. Seeking consultation of Public Service Commission: If it appears
that the defense submitted pursuant to Section 88 or the
explanation furnished pursuant to Section 89 by theconcerned

68
Employee in the course of action on departmental punishment is
not satisfactory and punishment is to be imposed on such
Employee, the official empowered to issue order of departmental
punishment shall propose the punishment intended to be imposed
on that Employee and seek consultation of the Public Service
Commission.
91. Appeal: (1) An Employee who is not satisfied with the order of
departmental punishment issued by the official empowered to issue
order of departmental punishment may make an appeal to the
Administrative Court constituted pursuant to sub-section (1) of
Section 69 of the Civil Service Act, 2049(……).
(2) If, on the final settlement of an appeal in relation to
the punishment awarded to any Employee, his or her service is to
be reinstated by virtue thereof but he or she does not appear within
three months from the date of receipt of a notice of that decision, it
shall not be mandatory to reinstate him or her in the service.
92. Full salary and allowance to be received on being reinstated in
Legislature-Parliament Service: If any Employee is re-instated in
the Legislature-Parliament Service upon annulment by he court of
the order of his or her removal or dismissal from the Legislature-
Parliament Service, such Employee shall be entitled to the salary,
allowances, festival expenses as well as increment in salary, if any,
receivable, from the date of his or her removal or dismissal to the
date of his or her re-instatement in the Legislature-Parliament
Service.
Chapter-11

69
Provisions Relating to Appointment of Marshal and
Conditions of Service of Marshal
93. Marshal: (1) The Secretariat shall have a required number of
Marshals to maintain security in the premises of the Legislature-
Parliament and to smoothly operate the meetings of the Legislature-
Parliament and Committees of the Legislature-Parliament.
(2) The number of position, class and level of the
Marshals as referred to in sub-section (1) shall be as prescribed.
94. Appointment and conditions of service of Marshals: Provisions
relating to the appointment and conditions of Marshal shall be as
prescribed.
95. Salary, allowance and other facilities: (1) The Marshal shall be
entitled to the salary equivalent to the basic scale of the basic level
of the same post of the Nepal Army from the day of his or her
assumption of office.
(2) Except where the salary increment is withheld, a
person who is appoint to the post of Marshal shall, fter the
completion of one year after the appointment, be entitled to the
salary increment in an amount equal to the salary of one day of the
basic scale of the post which he or she is holding.
Provided that that the total amount of the annual s lary
increment receivable by the Employee pursuant to this sub-section
shall not be more than the amount specified by the Government of
Nepal for the concerned class of the Nepal Army.

70
(3) The Marshal shall be entitled to an amount equal to
the salary of one month being drawn by him or her as a festival
expense each year.
(4) The Marshal shall be entitled to an amount equal to
the salary of one month being drawn by him or her as an incentive
each year after the budget is passed by the Legislature-Parliament.
(5) The allowance, leave and other facilities to which the
Marshal is entitled shall be as prescribed.
96. Conduct and punishment: The provision relating to the conduct
to be maintained by and punishment imposable on him or her shall
be as prescribed.
Chapter-12
Miscellaneous
97. Charge to be handed over: Any Employee and Marshal required
to hand over the cash, goods in kind or documents requi d to be
handed over by them shall hand them over to the concerned
Employee within the prescribed time-limit, and the person required
to take them over shall also take them over within that time-limit.
98. Delegation of powers: (1) The Committee may so delegate some of
the powers conferred to it by this Act that such powers may be
exercised by the Secretary General, Secretary or any other officer.
(2) The Secretary General may so delegate some of the
powers conferred to him or her that such powers may be exercised
by the Secretary, Secretariat Secretary or any other officer.

71
99. Liaison with Government of Nepal: While liaising with the
Government of Nepal, the Secretariat shall do so through the
Ministry of Law, Justice and Parliamentary Affairs.
100. Provision relating to contract: (1) The Committee may employ
any person on contract basis for expert as well as essential services.
(2) The other provisions relating to employment on
contract basis shall be as prescribed.
101. Exchange of assistance: (1) For the business of the Legislature-
Parliament and its Committees, the Secretariat may obtain required
human resources and other assistance from any Ministry,
Department, Office of the Government of Nepal, abroad based
Nepalese Embassy as well as organization owned by the
Government of Nepal and Local Body.
(2) It shall be the duty of the concerned body or office-
bearer to provide the assistance sought pursuant to sub-section (1).
(3) With the consent of the Secretariat, the Government of
Nepal may obtain necessary service from the Employees of the
Secretariat by holding them on deputation.
102. Positions of other service, group: (1) The Secretariat shall have
the positions of the Nepal Judicial Service (Law Group), Nepal
Administration Service (Accounts Group) and Nepal Health
Service.
(2) The employees in the positions as referred to in sub-
section (1) shall, until they serve in the Secretariat shall be entitled
to all such facilities, except insurance, as receivable by the
Employees of the Legislature-Parliament Service.

72
103. Change in group or sub-group: If an Employee who is serving in
a post of any group or sub-group of the Legislature-Parliament
Service so intends and makes an application for changing his or her
post to the similar post of the same class of other group or sub-
group, and if he or she has the minimum educational qulification
required for the post so intended for change and completed the
minimum service period required for promotion to the post higher
than that post, the Committee may, in consultation with the Public
Service Commission, change his or her group or sub-group.
104. To maintain records of punishment of Employees: (1) The
Secretariat shall maintain records of punishment of Employees.
(2) While assigning the responsibility of the departmental
head, making work performance evaluation, providing the
Legislature-Parliament Service reward or medal, nominating for
study or training, upgrading level and providing any other kind of
opportunity, the records maintained pursuant to sub-ection (1)
shall be taken as the basis during the following period:
(a) Where having been admonished, during the period of
one year after the date of such punishment,
(b) Where suspended, during the period of suspension,
(c) Where promotion withheld, during the period of
withholding,
(d) Where salary increment withheld, during the period of
withholding.
105. Provisions relating to disadvantage, grievance of Employees
and handling thereof: (1) Except in cases where an Employee may

73
file a complaint or appeal elsewhere pursuant to this Act and the
prevailing law, if the Employee thinks that he or she as suffered
disadvantage in the service, conditions and facilities provided under
this Act and the rules framed hereunder and in any matter
concerning the Employee or if no action has been taken even after
informing the departmental head about the same, such Employee
may present, as prescribed, the disadvantage and grievance which
he or she has suffered to the Committee as prescribed.
(2) Other provisions relating to disadvantage, grievance of
the Employees and handling thereof shall be as prescribed.
106. Establishment and operation of employee welfare fund: (1) An
employee welfare fund may be established as prescribed for the
welfare of the incumbent employees, retired persons ad their
family members of the Legislature-Parliament Service.
(2) The fund established pursuant to sub-section (1) shall
be operated and managed as follows.
107. This Act to prevail: The matters set forth herein shall be governed
by this Act and other provisions shall be as set by the Government
of Nepal for the purposes of the civil service.
108. Power to frame rules: (1) The Committee may, in order to
implement the objectives of this Act, frame necessary rules.
(2) The rules as referred to in sub-section (1) shall be
published in the Nepal gazette.
109. Repeal and saving: (1) The Act Relating to Parliament
Secretariat, 2058 (…….) in hereby repealed.

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(2) The service of the employees serving in the Secretariat
pursuant to the Act Relating to Parliament Secretaria and the
employees serving in such service shall, after the commencement of
this Act, be deemed to have ipso facto been converted into the
service under this Act and the respective posts of the same class,
and the employees serving in the post of special secretary of the
gazette special class shall be deemed to have ipso facto been
converted into the post of that class.
(3) All the acts done and actions taken pursuant to the Act
Relating to Parliament Secretariat, 2058 (….) shall be deemed to
have been done and taken under this Act.