Civil Service Act, 2049 (1993)


Published: 1993

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Civil service Act, 2049 English
1
Civil Service Act, 2049 (1993)

Date of Authentification and Publication
2050.2.4 (17 May 1993)

Amendments:
1. Nepal Health Services Act, 2053 (1997) 2053.11.15
(February 16, 1997)
2. Civil Service (First Amendment) Act, 2055 (1998) 2055.3.29
(July 13, 1998)
3. Some Nepal Acts Amendments Act, 2057(2000) 2057.4.26
(August 10, 2000)
4. Parliament Secretariat Act, 2058 (2001) 2058.8.28
(December 13, 2001)
5. Civil Service (Second Amendment) Act, 2064 (2007) 2064.4.23
(August 8, 2007)
Act No. 2 of the year 2050 (1993)
An Act Made to Provide for the Constitution, Operation and
Conditions of Service of the Civil Service
Preamble: Whereas, it is expedient to make provisions on the
constitution, operation and conditions of service of the civil service in
order to make the civil service more competent, vigorous, service-oriented
and responsible;
Now, therefore, be it enacted by Parliament in the Twenty-second
year of the reign of His Majesty King Birendra Bir Bikram Shah Dev.

2
Chapter 1
Preliminary
1. Short Title and Commencement: (1) This Act may be called as
"Civil Service Act, 2049 (1993)".
(2) This Act shall come into force immediately.
2. Definitions: In this Act, unless the subject or the context otherwise
requires :-
(a) "Civil Service" means the civil service constitu ed pursuant to
Section 3.
(b) "Civil Employee" means any person who is holding a post of
the civil service.
(c) "Authority" means any official with powers to make
appointments pursuant to Section 9.
(d) "Family" means the husband, wife, son, unmarried daughter,
adopted son, unmarried adopted daughter, father, mother or
step mother living together with a Civil employee and whom
he/she himself/herself has to maintain and subsist, and this
term also includes his/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 married female●
employee.
(e) "Head of Department" means the prescribed official.
(f) "Head of Office" means the head employee of the pr scribed
office.
Amended by the Second Amendment. ● Inserted by the Second Amendment.

3
(g) "Permanent post" means a post of the civil servic which is
pensionable and of which term is not specified.
(h) "Expert post" means a post which has functions, duties and
responsibilities of special nature and requires special
qualifications.
●(h1) "Trade union of civil employees" means the trade union of
the civil employees constituted pursuant to Sub-section (1) of
Section 53.
●(h2) "Authentic trade union of civil employees" means the
authentic trade union of the civil employees constituted
pursuant to Sub-section (3) of Section 53.
(i) "Prescribed" or "as prescribed" means prescribed or as
prescribed in the rules framed under this Act.
Chapter 2
Constitution of Civil Services
▲2A. Central body vis-à-vis Personnel Administration: (1) The
Ministry of General Administration shall, in order to run the
administration of the country, act as the central body in respect of
the constitution, operation and conditions of service of the civil
service and the management and operation of the civil employee.
(2) Any acts pertaining to the administration of the civil
employee, other than the acts mentioned in this Act or he Rules
framed under this Act, shall not be carried out without policy
approval of the Ministry of General Administration.
3. Constitution of Civil Service: Government of Nepal shall
constitute the civil services as follows: ● Inserted by the Second Amendment.
▲ Inserted by the First Amendment.

4
(a) Nepal Economic Planning and Statistics Service;
(b) Nepal Engineering Service;
(c) Nepal Agricultural Service;
(d) Nepal Judicial Service;
•(d1) Nepal Foreign Service;
(e) Nepal Administration Service;
•(e1) Nepal Audit Service;
(f) Nepal Forestry Service;
(g) Nepal Miscellaneous Service;
(h) Nepal Education Service;
(i) ♦-----------------------
(j) ♥-----------------------
4. Class: (1) There shall be the following classes in the civil service:
Gazetted Non-gazetted
Special First
First Second
Second Third
Third Fourth
Fifth
Amended by the First Amendment. ]
• Inserted by the Second Amendment ♦ Omitted by Parliament Secretariat Act, 2058(2001). ♥ Omitted by Nepal Health Services Act, 2053 (1997). Amended by the Second Amendment.


5
(2) If any employee working in the classless post intends to
be affiliated with the class at the time of commencment of this
Section, the employee may be affiliated as prescribed with the Non-
gazetted fifth class.
•4A. Special provision relating to integrated civil service system:
Notwithstanding anything contained in Section 4, the Government
of Nepal shall commence the integrated civil service system by
converting classes of the civil service into the layer system from
such date as may be appointed by a Notification in the Nepal
Gazette.
5. Posts of Service: (1)There shall be technical and administrative
posts including the expert post in different classes of the civil
service.
(2) In addition to those mentioned in Sub-section (1), there
may also be classless posts, as prescribed, in the Civil service.
(3) ---------
•5A. Job description: (1) Based on the job description of the
organization approved by the Government of Nepal, the concerned
Secretary, Head of Department and Head of Office must prepare and
enforce the job description of each civil post. Such job description
must clearly specify, inter alia, the functions, duties, responsibilities
and powers of such post and qualifications for the same.
(2) In posting the civil employee to any post, the job
description and the indicators for the evaluation of functions as
specified in the job description must also be provided, along with
the posting letter.
• Inserted by the Second Amendment
Omitted by the Second Amendment.

6
(3) Other provisions relating to the job description shall be as
prescribed.
6. Groups and sub-groups: (1) There may also be different groups
and sub-groups, as prescribed, in the civil service.
▲(la) Notwithstanding anything contained in Sub-section (1),
there shall not be service, group or sub-group above the gazetted
first class of other service, except in the post of Nepal Judicial
Service and Nepal Audit Service.
(2) The minimum qualifications required for different posts in
the groups and sub-groups of different civil services shall be as
prescribed.
Chapter 3
Fulfillment of Vacancy of Civil Service
▲6A. Creation of positions: (1) The number of positions in the civil
service shall be created as prescribed.
(2) In preparing an organizational structure and creating a
new position in order to establish a new governmental office or
reviewing or altering the currently existing organizational structure
and positions, the concerned Ministry shall carry out an
organizational and management survey, based, inter alia, on the
programme, work-load, job nature and available human resource,
obtain consent of the Ministry of Finance and forwad it to the
Ministry of General Administration.
• (2a) Based on the consent obtained pursuant to Sub-section
(2), the Ministry of General Administration shall make its evaluation
▲ Inserted by the First Amendment. Amended by the Second Amendment.
• Inserted by the Second Amendment

7
and submit it to the Government of Nepal, Council of Ministers for
approval within Thirty days.
Provided that in the case of an alteration in the organization
structure and position, a report on such alteration in organization
structure and position may be submitted after carry out organization
and management survey.
(3) Any post fulfilled by creating the position in
contravention of Sub-sections (1), (2) and (2a) shall ipso facto
lapse.
7. Fulfillment of vacancy in civil service: (1) The posts of Gazette
special class of the civil service shall be fulfilled pursuant to Section
19 and following posts shall be fulfilled as follows:
By promotion Post By open
competition By
evaluation
of
competency
By internal
competitive
examination
By adjustment of
promotion by
evaluation of
work
performance and
experience
(a) Classless/
Non-gazetted
fithth class
100%
(b) Non-gazetted
fourth class
- - - -
(c)Non-gazetted - 100% - -
Amended by the Second Amendment.

8
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) The employees serving in the post of Bahidar or
equivalent thereto of the non-gazetted forth class t the time of
commencement of this Section shall ipso facto be settled into non-
gazetted third class from the date of commencement of this Section.
(3) Notwithstanding anything contained in Clauses (c) of Sub-
section (1), if any post of non-gazetted third class is not held by any
civil employee, that post shall ipso facto lapse. If the employee
holding the post of non-gazetted third classes has completed such
service period and possesses such minimum educational
qualifications as required for the post to which he/s is to be
promoted, he/she 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 shall ipso facto lapse
after such promotion to the higher post.

9
(4) The Government of Nepal shall specify the classless posts
into those of main workers and assistant workers by a Notification
in the Nepal Gazette.
(5) The posts falling vacant at the time of commencement of
this Section and the classless posts with duties of assistant workers
specified pursuant to Sub-section (4) falling vacant after the
commencement of this Section shall ipso facto lapse. The concerned
office shall inform the Civil Employees Records Office to terminate
such posts. The duties of such posts shall be contracted out to any
person or institution by making a contract with such person or
institution and with specification of the minimum salary.
(6) Out of the posts to be filled up through internal
competitive examination as referred to in Clause (d) of Sub-section
(1), the non-gazetted second class posts shall be filled up through
open competition from amongst the employees who are serving in
non-gazetted third class and classless posts and have obtained
minimum educational qualification and minimum service period .
(7) Notwithstanding anything contained in Sub-section (1), in
order to make inclusive the civil 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) Adiwasi/Janjati -Twenty Seven Percent
(c) Madhesi -Twenty Two Percent
(d) Dalit - Nine Percent
(e) Disabled (differently able)- Five Percent
(f) Backward Area - Four Percent

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Explanation:
(1) For the purposes of this Sub-section
"backward area" 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, Adiwasi/Janajati, Madhesi,
and Dalit who are backward economically
and socially.
(8) Notwithstanding anything contained elsewhere in this
Section, the posts of the percentage determined pursuant to Clause
(e) of Sub-section (7) shall be filled up through competitive
examination between such disabled only as may be specified for any
specific nature of work.
(9) While determining the percent pursuant to Sub-section
(7), 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.
(10) If no appropriate candidate is available from the
advertisement for a post set aside pursuant to Sub-section (7) in the
year of advertisement, such post shall be included in the
advertisement of next year, and if any appropriate candidate is not
available even upon such advertisement, such post shall be included
in the posts to be filled up through the open competition in that year.
(11) The provisions for the fulfillment of posts through the
percent determined pursuant to Sub-section (7) shall be reviewed in
every Ten years.

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(12) If there arises any dispute on the determination of posts
as per the percent as referred to in Sub-section (7), the decision
made by the Public Service Commission shall be final.
(13) Notwithstanding anything contained elsewhere in this
Section, the Government of Nepal may, by a Notification in the
Nepal Gazette, specify the post that can be competed only be women
for any specific nature of function or post.
(14) Notwithstanding anything contained elsewhere in this
Section, permanent appointment may be made by way of a
competitive examination, between such women candidates only,
specified by the Public Service Commission to the pr scribed post
for one time after the commencement of this Section as h ve
obtained necessary minimum qualification for any post and have
worked for at least five years temporarily in the prmanent post of
the women development program operated by a governmntal body.
(15) The posts to be filled up through the adjustment of work
performance and experience pursuant to Sub-section (1) shall be
adjusted on the basis of seniority from amongst the employees who
are promoted as per Section 24D1.
(16) The minimum qualification required for the post of
gazetted second and first class to be filled up through open
competition pursuant to Clauses (f) and (g) of Sub-section (1) shall
be Master’s Degree obtained on the concerned subject and
experience of Five years in the case 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.

12
(17) Other provisions relating to the fulfillment of vacancies
in the civil service and fulfillment of expert posts shall be as
prescribed.
7A. Provisions on requisition for vacancy fulfillment : (1) If any
post of the civil service falls vacant in any manner, the concerned
body shall give information thereof to the Public Service
Commission within one month after such vacancy. Departmental
action shall be taken against the office-bearer who fails to give such
information within that period.
(2) Upon receiving the requisition for the fulfillment of
vacancies pursuant to Sub-section (1), the details of the such posts
shall be published within the month of Shrawan every year, as
prescribed.
(3) In making requisition for the fulfillment of vac ncies in
the civil service, requisition may be made, specifying the posts
already fallen vacant by that period and the posts that are to fall
vacant by way of retirement and promotion within the running fiscal
year.
(4) Other provisions relating to the requisition for vacancy
fulfillment shall be as prescribed.
▲7B. Restriction on vacancy fulfillment: (1) No post of the civil
service shall be fulfilled in any manner other than that provided for
in this Act.
(2) No salary shall be provided without having a salary report
passed by the Civil Employee Records Office (Nijamati
Kitabkhana), in the case of civil employees serving in Ministries,
Secretariats, Commissions and Departments and Offices situated
Amended by the Second Amendment. ▲ Inserted by the First Amendment.

13
within the Valley, and by the Treasury and Accounts Comptroller
Office concerned, in the case of civil employees of the District
based Offices.
(3) If any employee is appointed in contravention of Sub-
section (1) or if it is found that salary has been provided without
having the salary report passed pursuant to Sub-section (2), the
salary, allowances and amounts for other facilities r ceived by such
employee shall be realized from the appointing and salary providing
office-bearer as government dues.
Provided that, nothing in this Sub-section shall be de med to
preclude the provision of salary to a employee holding a redundant
post (Phajil).
Explanation: For the purposes of this Sub-section "employee
holding a redundant post" means an employee whose
organization or position has been repealed but his or her
service is yet to be adjusted in another organization or
service.
▲7C. Restriction on appointment on wages or contract: (1) After
the commencement of this Act, no one shall appoint any person on
wages or contract for any job to be performed by the civil employee.
(2) If any one appoints any person in contravention of Sub-
section (1), the salary, allowances and amounts for other facilities
received by that person so appointed shall be realiz d from the
appointing office-bearer as government dues.
8. Appointment on recommendation of Public Service
Commission: (1) Appointment to the post required to be fulfilled
Amended by the Second Amendment. ▲ Inserted by the First Amendment. Amended by the First Amendment.

14
by open competition or internal competition --------- shall be
made on recommendation of the Public Service Commission.
(2) Notwithstanding anything contained in Sub-section (1),
appointment to the post of gazetted second class or ab ve, in the
Nepal Judicial Service, which is required to be fulfilled by internal
competition ---------shall be made on recommendation of the
Judicial Service Commission.
9. Appointment to the post of civil service: (1) Government of
Nepal shall make appointment to the gazetted post of he civil
service; and a Notification of such appointment shall be published in
the Nepal Gazette.
(2) The Head of Department may make appointment to the
non- gazetted post of the civil service.
(3) Notwithstanding anything contained in Sub-section (2),
the Head of Office may make appointment to the non-gazetted and
classless post in his/her office and subordinated office.
10. Disqualifications for being candidate: (1) The following
persons shall not be qualified to be candidate for the post of the civil
service:
(a) In the case of non-gazetted and classless post,
those who have not completed the age of
Eighteen years,
(b) In the case of gazetted post, those who have not
completed the age of Twenty One years,
(c) 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, Omitted by the Second Amendment
Amended by the First Amendment.

15
Provided that,
(1) Any person who has not crossed the age
of Forty years may be a candidate for such
post of the civil 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 may be a candidate for
the open competition of gazetted second
and first class.
(3) The age bar shall not be applicable in the
case of permanent incumbent employees
of the civil service.
(d) Those who have been dismissed from service,
with being disqualified for government service
in the future,
(e) Those who are non-Nepalese citizens,
(f) Those who have been convicted by the court of a
criminal offence involving moral turpitude.
(2) In the case of the female civil employee who has been
temporarily appointed to any post of development side or
development project of Government of Nepal and serving
continuously since at least Five years ago, the age bar shall not be
applicable to her to become a candidate in the advertisement of the
Public Service Commission for open competition.
Deleted by the Second Amendment Amended by the Second Amendment.

16
11. Provisions relating to temporary appointment: (1) The Public
Service Commission shall, for the purpose of making temporary
appointments, publish a separate list arranged in order of merit from
amongst those candidates who have attended the examination
conducted by it but have not been recommended for permanent
appointment.
(2) If any temporary appointment is to be made to any vacant
post of the civil service, the concerned Ministry must write to the
Public Service Commission.
(3) The Public Service Commission shall, if so written to it
pursuant to Sub-section (2), recommend the person included in the
list arranged in order of merit for temporary appointment on the
basis of the requisition of the concerned Ministry.
(4) The concerned Ministry shall temporarily appoint the
person recommended pursuant to Sub-section (3) for a period not
exceeding six months.
(5) The concerned Ministry must give information of
temporary appointment made pursuant to Sub-section (4) to the
Ministry of General Administration within seven days.
(6) If any one makes temporary appointment in contravention
of this Section, the salary, allowances and amounts for other
facilities earned and received by the civil employee so appointed
shall be realized from the appointing office-bearer as government
dues.
12. Retention of lien: The civil employee shall continue to have lien
over his/her post in the following circumstances:
(a) As long as he/she continues to function in thatpost;
Amended by the First Amendment.

17
(b) Until the period of time allowed for the assumption of charge
of another post, on being transferred to that post;
(c) While he/she is on leave;
(d) While he/she is under suspension;
(e) While he/she is deputed by Government of Nepal on
governmental or non-governmental business or while e/she
is serving in any other post in an acting capacity.
13. Acting assignment: (1) If the post of any Head of Department or
Head of Office falls vacant or the employee holding such post goes
on leave for a period exceeding Fifteen days or becomes subject to
action pursuant to the prevailing law, a civil employee of the same
grade or of one class lower post who has already becom a potential
candidate for promotion may be assigned to act in that post for a
maximum period of Six months, in order to perform the functions of
that post for the time being. In cases where anyone has been so
assigned to act in any post, that person or any other person shall not
be again assigned to act in that post.
(2) If any employee is assigned as acting in contravention of
Sub-section (1), the salary, allowances and amounts for other
facilities earned and received by such employee during his/her
holding of that post shall be realized as government dues from the
office-bearer assigning him/her as acting.
14. Oath: Each civil employee must, before assuming his/her office
after being appointed for the first time, swear an o th as prescribed.
Amended by the First Amendment. Amended by the Second Amendment.

18
15. Posting of civil employee: (1) The posting of a civil employee
shall be made based on his/her educational qualifictions, training
and experience.
Provided that, the placement in the post of gazetted first class
or the Head of Department shall be made with the consent of the
Ministry of General Administration. In giving such consent for the
placement in such post, the Ministry of General Administration
shall, in coordination with the concerned Ministry, give the consent
for the placement in the post from amongst the employees who has
leadership capacity, in addition to the said matters.
(2) In posting or transferring any civil employee to the
prescribed Head of Department, Head of Office or another post,
Government of Nepal may make such posting or transfer after
concluding a job performance agreement with the concer ed office-
bearer, subject to the job description corresponding to the
administrative job nature of the functions attached to that post.
(3) In order to work along with the incumbent office-bearer
holding the post of Secretary of special class of Government of
Nepal or post equivalent thereto and the post of Head of Department
of a central body and have hand-over and take-over f charge, a
special post shall, ipso facto, be created for Fifteen days, and
posting shall be made prior to the retirement of the incumbent
office-bearer.
(4) Other provisions relating to posting shall be as prescribed.
16. Probation period: While making fresh appointment to any
permanent post of the civil service, such appointment shall be made
on probation for a period of Six months in the case of a female civil
employee, and one year, in the case of a male civilemployee. If
Amended by the Second Amendment.

19
his/her performance is not satisfactory during the probation period,
his/her appointment may be canceled. The appointment of a civil
employee whose appointment has not been so cancelled shall be
deemed to have ipso facto been confirmed on the expiration of the
probation period.
Provided that, any employee who has already completed the
probation period upon being once appointed permanently to a post in
the civil service is appointed to another post and obtains the
dispatch letters shall not be required to undergo the probation period
again.
Explanation: For the purposes of proviso (3) of Clause (c) of
Sub-section (1) of Section 10 and this Section, "civil Service"
also includes the Parliamentary Service and the Nepal Health
Service.
17. Tenure of Chief Secretary and Secretary: The tenure of the
Chief Secretary and the Secretary shall be three and Five years,
respectively.
* -------------
Explanation: For purposes of this Section, the term
"Secretary" means a civil employee holding any post f
special class.
Chapter 4
Transfer and Promotion
18. Power to make transfer: (1) The civil employees shall be
transferred as per Sub-section (3) in order to provide them, inter
alia, with experience of different geographical regions of the
* The proviso Omitted by the First Amendment. Amended by the Second Amendment.

20
country; and the Authority shall have the powers to make such
transfer.
Provided that,
(a) The Ministry of General Administration shall
transfer the civil employees of one Ministry or
Departments or Offices thereunder to another
Ministry or Departments or Offices thereunder.
(b) The Office of Financial Comptroller General
shall make transfer of the employees of the
accounts group under the administrative service.
(2) Notwithstanding anything contained elsewhere in this
Section, Government of Nepal shall make transfer or posting of the
gazetted special class employees, on recommendation of the
committee chaired by the Minister for General Administration, and
comprising the Chief Secretary of Government of Nepal and the
Secretary at the Ministry of General Administration as its members.
In cases where recommendation is to be made also for the transfer of
the Secretary at the Ministry of General Administration, the
Secretary at the Office of the Prime Minister and Council of
Ministers shall, instead of the Secretary at the Ministry of General
Administration, take part at the meeting of that committee as its
member.
(3) While transferring the civil employee, other than the civil
employee who is holding the post rendering expert svice and there
is no post and office relating to his/her service, group or sub-group
any where else at the local level and the special class and gazetted
first class employee, the concerned Authority must make transfer
generally once a year, specifying the period in the transfer letter as
follows, in accordance with the time schedule as presc ibed:

21
(a) Transfer of an employee who has already served
in an office in the geographical region of class
"a" and "b" for a period of at least one and half
year to an office in the geographical region of
class "c" and "d” for at least two years,
(b) Transfer of an employee who has already served
in an office in the geographical region of class
"b" and "c" for a period of at least two years to
an office in the geographical region of class "a"
and "b" for at least two years,
Explanation: For purposes of this Sub-section,
"One year" means a period of continuous
attendance of at least Two Hundred Thirty Three
days.
(4) Notwithstanding anything contained in Sub-section (3), in
the following circumstances, a civil employee may, prior to the
expiration of the period specified in his/her transfer letter, be
transferred, with the consent of the Ministry of General
Administration:
(a) Where the medical board prescribed by
Government of Nepal recommends that any civil
employee in service in any place has been
disabled and his/her treatment cannot be done in
that place,
(b) Where special responsibility is to be assigned to
any civil employee,
(c) Where departmental action is to be taken against
any civil employee,

22
(d) Where it is not appropriate to keep on any civil
employee in the office where he/she is serving,
(e) Where, because of the reduction in any position
of the civil service, an employee serving in that
position becomes redundant (Phajil) and there is
no situation where that employee can be adjusted
even in any other office in the same District,
(f) Where non-gazetted and classless civil
employees are to be transferred to such place as
is convenient to their abode or adjacent thereto.
(5) While making transfer pursuant to Sub-section (2), the
civil employee spouses, if both of them are in the government
service, shall, to the extent of availability of vacant posts, be sent to
the same District.
(6) In cases where there is no office in the geographical
region pursuant to Sub-section (3) whereto transfer is to be made
respectively or there is no office with a post of the concerned
service, group or sub-group or the employee serving the post of the
office in the geographical region whereto transfer is to be made has
not completed the prescribed service period, transfer may be made
to an office in the geographical region whereto the employee has to
be transferred thereafter.
(7) Notwithstanding anything contained elsewhere in this
Section, no non-gazetted and classless civil employee to be
appointed after the commencement of this Sub-section shall be
transferred to elsewhere until ten years, other than t e offices within
the same Zone for which he/she has been recommended by the
Public Service Commission.

23
(8) If any civil employee is transferred prior to the expiry of
the period as referred to in this Section owing to any circumstance
other than that where departmental action has to be tak n, such
amount as prescribed shall be provided to such a civil employee to
make arrangements in the new place except the conditi of Clause
(c) of Sub-section (4).
Provided that, in cases where any employee is transferred at
his/her own request or transferred to any institution within the
Kathmandu Valley or to any office within the District headquarters
of the same District, such an amount shall not be provided.
(9) Notwithstanding anything contained elsewhere in this
Section, in cases where any employee who is on study leave or is
under ipso facto suspension or is on leave for a period exceeding Sx
months or is deputed elsewhere for a period exceeding Three months
or deputed for special works or deputed for any special project
implementation has a lien in a District level office, his/her lien shall
be shifted to a central level body in the special post, with the
consent of the Ministry of General Administration.
(10) Notwithstanding anything contained in Sub-clause (a)
and (c) of Sub-section (3), the Ministry of General Administration
may transfer a civil employee of any Ministry and Department or
Office thereunder to any other Ministry and Department or Office
thereunder.
(11) Notwithstanding anything contained elsewhere in this
Section, the non-gazetted or classless employee shall not be
transferred without completion of the duration specifi d in this
Section except where departmental action is to be taken or a
recommendation is made by the medical board on the ground of
health or an application is made by the employee himself/herself.

24
(12) The Authority shall take departmental action against the
office-bearer who makes transfer in contravention of this Section;
and the Ministry of General Administration may cancel such
transfer.
(13) Other provisions relating to transfer shall be as
prescribed.
▲18A. Provisions relating to deputation: (1) A civil employee may be
deputed to another place from the Ministry, Secretaria ,
Commission, Department or Office where he/she is serving only on
the business of that body. Such deputation shall not be made for a
period exceeding three months a year.
Provided that, deputation may be made on a training,
symposium etc. for a period more than that.
(2) While deputing any civil employee to a body which has
no post of the civil service and to an approved temporary position or
while withdrawing deputation prior to the expiry ofthe deputation
period, the consent of the Ministry of General Administration must
be obtained. The period of such deputation shall not exceed One
year at a time.
Provided that, the consent of the Ministry of General
Administration is not required for the deputation of the non-gazetted
employee.
•(2a) If any employee has to be deputed on works such as
election, population census, survey and mining and o a commission
of permanent nature for up to One year at a time, th concerned
office shall obtain the consent of the concerned body and the
Ministry of General Administration. ▲ Inserted by the First Amendment. Amended by the Second Amendment. • Inserted by the Second Amendment.

25
•(2b) Notwithstanding anything contained elsewhere in this
Act, no employee serving in the post of the Head of Department or
Head of Office of any office shall be deputed to any other project or
body by having the employee's lien over that post.
•(2c) Notwithstanding anything contained elsewhere in this
Section, the Ministry of General Administration may depute the
employee whose lien is in the additional group of the Ministry of
General Administration to serve in any body, similar to his or her
service or group, and the Ministry of General Administration may,
with the consent of the employee serving institution and the
institution receiving the employee on deputation, make inter-
departmental deputation of such an employee, for a term not
exceeding Three months, in order to obtain the expert service of any
civil employee.
(3) If any civil employee is deputed in contraventio of Sub-
sections (1), (2) and (2a), the salary, allowances and the amounts for
other facilities earned and received by that civil employee so
deputed during that period shall be realized from the deputing
office-bearer as government dues, and •departmental action shall be
taken against such office-bearer.
•(4) Notwithstanding anything contained in this Section, at
the time of transfer of the District level offices to the Local Bodies,
Government of Nepal may depute the civil employees s rving in
such District level offices.
• Inserted by the Second Amendment.
Amended by the Second Amendment.


26
•(5) The lien of the employee deputed pursuant to Sub-section
(4) shall be in the Ministry operating the employee’s service, group
or sub-group.
•(6) The employees deputed pursuant to Sub-section (4) may
be eligible to be candidates for promotion to their respective
previous service, group or sub-group and if such employees are non-
gazetted employees, they may be eligible to be potential candidates
for promotion to be made in the districts where they are serving.
•(7) Other provisions relating to deputation shall be as
prescribed.
18B. Restriction on holding without entrusting responsibility : (1)
No civil employee shall be held without entrusting to him/her the
responsibility attached to his/her post for a period exceeding two
months, except in the following circumstances:
(a) Where he/she is on a long leave,
(b) Where he/she is suspended,
(c) Where he/she is to be retained on the lien post
owing to his/her deputation elsewhere,
(2) If any civil employee is held without entrusting to
him/her the responsibility attached to his/her post in contravention
of Sub-section (1), departmental action shall be taken against the
office-bearer who is obliged to entrust the responsibility to, such
employee and have him/her perform such responsibility.
▲18C. Acts to be completed in time: (1) The concerned body must
complete the act of making adjustment required to be made under
• Inserted by the Second Amendment Amended by the Second Amendment. ▲ Inserted by the First Amendment.



27
this Act on appointment, transfer, deputation and acting after the
commencement of this Act within two months and give information
thereof to the Ministry of General Administration.
(2) If the concerned body fails to carry out that ac within the
period of time referred to in Sub-section (1), the Ministry of General
Administration shall carry out it immediately.
•18D.Additional group: (1) Notwithstanding anything contained
elsewhere in this Act, there shall be an additional group in the
Ministry of General Administration.
(2) The lien of the civil employees being redundant (Phajil)
in any office of Government of Nepal shall remain in the group as
referred to in Sub-section (1).
(3) While holding any civil employee in the additional group
for a period exceeding Two months, such civil employee shall be so
held in a manner not to be contrary to Section 18B.
(4) Other provisions relating to the additional group shall be
as prescribed.
•18E.Maintenance of records of punishment imposed on civil
employees: (1) The Ministry of General Administration and the
concerned body must maintain the records of punishment imposed
on the civil employees.
(2) The records maintained in accordance with Sub-section
(1) must be taken as the ground while posting as the Head of
Department, promoting, designating as acting, assigning the
responsibility attached to the post of head of any body, making
performance evaluation and providing the civil service prize and
other career development opportunity, during the following period:
• Inserted by the Second Amendment.

28
(a) In the event of censure, during the period of One
year from the date of censure,
(b) In the event of suspension, during that period,
(c) In the event of withholding of promotion, during
the period of such withholding,
(d) In the event of withholding of salary increment,
during the period of such withholding.
•18F. Leadership evaluation: Provisions relating to the evaluation of
leadership of the civil employee of gazetted first class or above shall
be as prescribed.
19. Promotion: (1) While making promotion to the gazetted post of he
other civil services, except the gazetted post of Nepal Judicial
Service, it shall be made on the recommendation of the promotion
committee as referred to in Section 20.
(2) Notwithstanding anything contained elsewhere in th s Act,
promotion to the post of gazetted special class shall be made as
follows:
(a) Government of Nepal shall, while making
promotion to the post of Chief Secretary of the
gazetted special class, make promotion by
making selection on the basis of seniority and
work efficiency from amongst the incumbent
Secretaries.
(b) The promotion committee shall, to the extent of
availability, recommend those candidates who
have secured the highest marks on the work
Amended by the First Amendment. Amended by the Second Amendment.

29
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 Secretary of
gazetted special class or equivalent thereto; and
Government of Nepal shall promote such
candidate, from amongst the candidates so
recommended, as it may hold appropriate on the
basis of leadership capacity and work efficiency.
• (c) In order for any gazetted first class employee to
be a potential candidate for the post of Secretary
or special class post equivalent thereto, such
employee must also have passed such a high
level management training as prescribed by
Government of Nepal.
Provided that, this provision shall not be
applicable to any promotion to be made within
one year after the commencement of this
Section.
•(d) In counting the work performance evaluation
pursuant to Clause (b) for the promotion to the
special class, the work performance evaluation
of such years of minimum service period as
required for promotion shall be counted.
Provided that, while making promotion
within the last day of the month of Kartik of the
year 2064 after the commencement of this
Section, promotion shall be made on the basis of
• Inserted by the Second Amendment.

30
the work performance evaluation of the last
Three years in the case of women,
Aadibashi/Janjati, Madhesi, Dalit, disabled
employees and employees permanently residing
in backward region and that of the last Four
years in the case of the other employees.
•(e) Action for promotion shall be carried out twice
in a year, One within the month of Poush and the
other within the month of Ashad month, each
year.
20. Promotion committee: (1) There shall be a promotion committee
as follows to make recommendation for promotion to the other
gazetted post of the civil service, except for promotion to the
▲gazetted post of Nepal Judicial Service and for promotion from
the non-gazetted post to the gazetted post:
(a) Chairperson of the Public Service
Commission or Member of the Public
Service Commission designated by
him/her - Chairperson
(b) Member of the Public Service
Commission designated by the
Chairperson of the Public Service
Commission - Member
(c) Chief Secretary - Member
(d) Expert in the concerned subject
nominated by the Public Service
Commission - Member
• Inserted by the Second Amendment. ▲ Inserted by the First Amendment.

31
(e) Secretary at the Ministry of General
Administration - Member secretary
•(1a) There shall be a promotion committee as follows, to
make recommendation for promotion to the gazetted thir class from
the non-gazette first class:
(a) Member of the Public Service
Commission designated by the
Chairperson of the Public Service
Commission - Chairperson
(b) Secretary at the Public Service
Commission - Member
(c) Secretary at the Ministry of General
Administration - Member
(d) Expert in the concerned subject
nominated by the Chairperson of the
Public Service Commission - Member
(e) Secretary at the Ministry relating to
Service, Group or Sub-group or
Gazetted First Class Officer designated
by him/her - Member-Secretary
•(1b) The secretariat of the promotion committee refe red to
in Sub-section (1a) shall be at the Ministry operating the service,
group or sub-group.
(2) There shall be a promotion committee, as prescribed, to
make recommendation for promotion to the non-gazetted post of the
civil service.
• Inserted by the Second Amendment.

32
(3) The procedures to be followed by the promotion
committee to make recommendation for promotion of the civil
employees shall be as prescribed.
(4) The promotion committee must, while publishing a
promotion name list, also publish the marks obtained by the
potential candidates who have filled up the forms for promotion.
•(4a) The promotion committee shall publish the results of
promotion within four months from the last date of submission of
application forms.
▲(5) The promotion committee must prepare an annual plan
of operations and carry out its functions as per that plan.
▲20A.Special provisions relating to promotion: (1) Notwithstanding
anything contained elsewhere in this Act, if any civil employee of
the gazetted first class or below than that holding the same post for
at least Fifteen years has One month left to get retirement pursuant
to Section 33, such employee shall be promoted to one class higher
post.
(2) Notwithstanding anything contained elsewhere in th s Act,
if any civil 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/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
Amended by the Second Amendment.
▲ Inserted by the First Amendment.





33
facto lapse upon the retirement of such a civil employee from
service.
•(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 employees of gazetted first and second class holding
the same post for at least fifteen years wish to take retirement with
promotion, such employees shall be granted retirement by
promoting them to one class higher post.
21. Minimum service period and educational qualifications
required to be candidate for promotion: (1) In order to be a
candidate for promotion, one must 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 any •women, Adiwasi/Janjati, Madhesi, Dalit, Disable
and permanently residing in the backward area civil employee has a
service period that is the above-mentioned service period less one
year, she shall be a potential candidate for promotion.
• Inserted by the Second Amendment Amended by the First Amendment Amended by the Second Amendment.



34
22. Ineligibility for being potential candidate for promotion:
Notwithstanding anything contained in Section 21, a civil 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,
(c) In the event of withholding of increment in salary, during the
period of withholding,
•(d) During the period of five years after the date of change in the
service or group in the case of an employee who has so
changed the service or group pursuant to Section 26 and after
the change in the service or group in the case of an employee
who has got such a change upon an application made by
himself/herself.
▲22A. Withholding and sanction of promotional appointment: If
any civil employee is suspended or his/her appointme t or salary
increment is withheld after he/she has been recommended for
promotion but before he/she gets promotional appointme t, his/her
promotional appointment shall then be withheld during the said
period; and in the event of his/her acquittal of the suspension or
after the expire of the period of withholding, he/she shall be granted
appointment and only seniority shall be maintained as if he/she were
not suspended or his/her promotion or salary increment were not
withheld.
23. ♣… … … …
• Inserted by the second Amendment. ▲ Inserted by the First Amendment. ♣ Repealed by the First Amendment.

35
24. Criteria for promotion on ground of work effici ency: (1) The
promotion committee shall recommend a civil employee for
promotion based on the total marks secured for the work efficiency.
(2) In evaluating the work efficiency of the civil employee, a
maximum of 100 marks shall be granted as follows:
(a) For work performance evaluation -Forty marks
(b) For seniority - Thirty marks
(c) For educational qualifications - Twelve marks
(d) For service in geographical
region
-Sixteen marks
(e) For training - Two marks
(3) In calculating the marks for the work performance
evaluation of a potential candidate, the marks shall be calculated
based on the last day of Ashad, and in calculating the other marks,
the marks secured by the deadline for making application for
promotion shall be calculated.
▲24A. Evaluation of work performance: (1) The work performance
evaluation form as prescribed shall be used to evaluate the work
performance of civil employee.
(2) The distribution of the total marks for the work
performance evaluation of civil employee shall be as follows:
(a) Maximum marks that may be
granted by the supervisor
-Twenty
five
Amended by the Second Amendment.
▲ Inserted by the First Amendment.

36
marks
(b) Maximum marks that may be
granted by the reviewer
-Ten
marks
(c) Maximum marks that may be
granted by the review committee
-Five
marks
(3) The supervisor, reviewer and review committee must,
while granting marks for the work performance of a civil employee,
grant marks in accord with the criteria mentioned in this Section and
in the work performance evaluation form.
(4) The work performance evaluation of the gazetted civil
employee shall be carried out on a semi-annual (half yearly) and
annual basis and that of the non-gazetted employee n an annual
basis.
(5) In carrying out the work performance evaluation a
semi-annual basis pursuant to Sub-section (4), the concerned
gazetted employee must 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
expiry of that period. The supervisor must evaluate th form so
submitted, mention feedbacks to be provided in the sp cified 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
Amended by the Second Amendment.


37
semi-annual work performance evaluation form in the sp cified time
and against the supervisor who fails to examine it and provide
feedbacks.
(6) In respect of the work performance evaluation t be
carried out on an annual basis, the concerned Head of Office and
Head of Department must, in the case of the non-gazetted and
classless employee, carry out or cause to be carried out evaluation
within the specified period, prepare it in triplicate, send a copy each
to the Public Service Commission and the promotion committee
secretariat and retain the other copy in the concerned office. In the
case of gazetted civil employee, the Secretary at the concerned
Ministry, Secretariat, Commission or central body must carry out, or
cause to be carried out, evaluation within the specified period,
prepare it in triplicate, send a copy each to the Public Service
Commission and the promotion committee secretariat nd retain the
other copy in the concerned Ministry, Secretariat, Commission or
central body. Each body carrying out work performance evaluation
must publish a notice, also containing a name list sent to the body to
which it has to submit the form evaluated by it within the prescribed
period, on the notice board of its office within seven days.
•(6a) Each civil employee must fill up his/her work
performance evaluation form and register it with the concerned
office within the prescribed period of time. If the concerned
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/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
Amended by the Second Amendment.
• Inserted by the Second Amendment.

38
expiry of the prescribed period of time. The promotion committee
shall subtract one mark from the total marks for the work
performance evaluation form registered within the extension time of
that fiscal year.
Provided that, if any employee has to go for a foreign
training, workshop or study tour during the period f filling up the
work performance evaluation form, the employee has to fill up the
work performance evaluation form and register it with the
concerned office prior to make such departure. The work
performance evaluation form so registered shall be evaluated as if it
were registered with the specified time.
•(6b) 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
civil employee in time.
•(6c) If, after the review committee has carried outthe 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/s has secured
in that year, the review committee secretariat must give such
information.
Provided that, information of the marks given by the review
committee shall not be given.
•(6d) After receiving information pursuant to Sub-section
(6c), if any employee is not satisfied with the evaluation made by
the supervisor or reviewer may make a complaint, accompanied by
the solid ground and reason for such dissatisfaction, to the

• Inserted by the Second Amendment.

39
prescribed authority within seven days. Where a complaint is so
made, such authority shall conduct necessary investigation, in
consultation with the concerned supervisor and reviewer, and may,
if so required, amend, as prescribed, the marks obtained in such an
evaluation form.
(7) If the supervisor or the reviewer grants more than Ninety
Five per cent or less than Seventy Five per cent marks for the work
performance evaluation to be carried out annually, he/she must set
out clear reasons therefor; and where he/she grants less than Seventy
Five per cent marks, he/she must inform the concerned employee
thereof 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 must reevaluate it or
set out justifiable reasons why it is not necessary to amend the
evaluation carried out previously and forward it accordingly.
(8) 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 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 Amended by the Second Amendment.

40
year immediately preceding the departure for
such study or training or preceding such
suspension.
(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.
(9) -----------------
(10) Other provisions relating to the work performance
evaluation shall be as prescribed.
24B. Evaluation of seniority: While granting to the civil employee
marks for seniority, a maximum of thirty marks shall be granted as
follows:
(a) At the rate of 3.75 marks for each year of servic in the post
of non-gazetted third and second class,
(b) At the rate of 3 marks for each year of service in the post of
non-gazetted first class,
(c) At the rate of 2.5 marks for each year of service in the post of
gazetted third and second class.
Provided that-

Deleted by the Second Amendment.

41
(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.
(2) For purposes of this Clause, no marks shall be
granted for the period of absence or extra-
ordinary leave undergone.
24C. Categorization of geographical regions: (1) While granting
marks to the civil employee for his/her experience of work in
different geographical regions, the different geographical regions of
the country shall be classified into four categories viz. 'a', 'b', 'c' and
'd', respectively, and marks shall be granted as follows not in excess
of Sixteen marks for the work experience in one or more categories
thereof:
(a) For the post of non-gazetted third and second
class-
(1) At the rate of 4 marks for each year of
service in category 'a',
(2) At the rate of 3.25 marks for each year of
service in category 'b',
(3) At the rate of 2.50 marks for each year of
service in category 'c',
(4) At the rate of 2 mark for each year of
service in category 'd'.
(b) For the post of non gazetted first class-
(1) At the rate of 4 marks for each year of
service in category 'a',
Amended by the Second Amendment.

42
(2) At the rate of 3.25 marks for each year of
service in category 'b',
(3) At the rate of 2.50 marks for each year of
service in category 'c',
(4) At the rate of 1.50 mark for each year of
service in category 'd'.
(c) For the post of gazetted third and second class-
(1) At the rate of 4 marks for each year of
service in category 'a',
(2) At the rate of 3.25 marks for each year of
service in category 'b',
(3) At the rate of 2.50 marks for each year of
service in category 'c',
(4) At the rate of 1.25 mark for each year of
service in category 'd'.
(2) Notwithstanding anything contained in Sub-section (1),
the marks already secured by any civil employee for geographical
region at the time of commencement of this Section shall not
decrease.
(3) For purposes of Sub-section (1), the description f
different geographical regions shall be as prescribed.
(4) No marks of any one geographical region shall be granted
unless and until any employee makes continuous office attendance
for at least Two Hundred Thirty Three days in that region. For a
period more than Two Hundred Thirty Three days, marks of the
same geographical region shall be granted pro rata; nd marks
equivalent to that of category 'd' shall be granted for a period less
than that irrespective of the geographical region where the employee

43
has served. The marks obtainable for the service in geographical
region shall be calculated only if the marks have been obtained in
the post that is one class lower than the class to which promotion is
to be made.
(5) The marks equivalent to that of category 'd' shall be
granted to the civil employee who serves in a Nepalse Diplomatic
Mission or any other office situated aboard and who goes on
deputation for a study leave or foreign training.
▲24D.Evaluation of educational qualifications and training: (1)
While granting marks to the civil employees for educational
qualifications, a lump sum of twelve marks shall be granted for the
minimum educational qualifications required to join a y post of the
civil service and additional educational degree, which is higher than
the minimum educational qualifications and in a subject related with
the service, group or sub-group. Both marks shall be granted even if
the employee has obtained only the education qualific t on that is
higher then the minimum required educational qualification.

Number

Educational Qualification (Title)
First
class
Second
class
Third
class
(a) For the Minimum educational
qualification as required for the
entry of service
9 8.75 8.50
(b) For the any one additional
educational qualification or the 3 2.75 2.50
▲ Inserted by the First Amendment. Amended by the Second Amendment.

44
concerned subject higher than
the minimum educational
qualification for the entry into
service.
(2) ----------
(3) Except the minimum educational qualification prescribed
for the posts of the gazette second and first classes, to be filled up
through open competition pursuant to Clauses (f) and (g) of Sub-
section (1) of Section 7, the minimum educational qualification
prescribed for the entry into the gazette third class service shall be
deemed to be the minimum educational qualification also for the
promotion to the posts higher than gazetted second lass.
(4) ----------
(5) For the in-service training, 2 marks, 1.75 marks and 1.5
marks shall be granted for the first, second and third division,
respectively.
(6) While granting marks to the civil 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/she has been nominated for the
training.
•Explanation: One month training shall mean a training of a
period of thirty working days or more.
Deleted by the Second Amendment. Amended by the Second Amendment.
• Inserted by the Second Amendment.

45
(7) The civil employee shall submit certified copies of the
educational qualifications and the in-service training. No marks
shall be granted therefor if he/she fails to submit them.
•(8) Whether the educational qualification submitted by a
civil employee along with the application for the pur ose of
promotion is related with the service, group and sub-group or not
shall be as decided by the equivalency determinatio c mmittee as
prescribed. If the equivalency of the educational qualification
submitted along with the application for the purpose of promotion is
made prior to a date before the holding of the meeting of the
promotion committee, the marks of such educational qualification
shall be counted for promotion.
•(9) Provisions relating to training institutions and training
standards shall be as prescribed by Ministry of General
Administration, in coordination with the Ministry operating the
service, group and sub-group.
•24D1.Special provision of promotion by evaluation of work
performance and experience: (1) Notwithstanding anything
contained elsewhere in this Act, the civil employee shall be
promoted up to one class, upon having completed the following
service period in the following class, and obtained the above
educational qualification than prescribed educational qualification at
the earlier time of entry or group division or after he entry or group
division:
(a) Non-gazetted Second Class - Ten years
(b) Non-gazetted First Class - Twelve years
• Inserted by the Second Amendment.

46
(c) Gazetted Third Class - Fifteen years
(d) Gazetted Second Class - Eighteen years
(2) Notwithstanding anything contained in Sub-section (1) ,
those civil employees shall be promoted up to one class upon having
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 second class and having the educational
qualification and obtained the minimum educational qualification of
the prescribed subject at the time of entry of servic or group
division of the concerned service, group or sub-group.
(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
22;
(b) Having obtained the marks average of ninety
percent or more in the performance education of
last three years.
(4) There shall be a promotion committee as follows to make
recommendation for promotion pursuant to sub-sections (1) and (2)
except the post of gazetted post of Nepal Judicial Service, and the
promotion of gazetted post of Nepal Judicial Service shall be
conducted by the Judicial Commission.
(a) Member of the Public
Service Commision
designated by the
chairperson of the Public
Service Commission - Chairperson

47
(b) Secretary at the Ministry or
Institution where the
employee is working - Member
(c) Secretary at the Ministry of
General Administration or
gazetted first class officer of
the ministry designated by
him/her - Member
Explanation: The Secretary of the Office of the Prime
Minister and Council of Ministers will be the member in a
condition of the promotion of the employee of Ministry of
General Administration.
(5) The promotion Committee Secretariat pursuant to Sub-
section (4) shall be at the Ministry or Institution where the employee
worked as candidate for the promotion.
(6) The special post of concerned service, group, sb-group of
above class ipso facto at the employee working office for the
promotion pursuant to Sub-section (1) or (2) and the Civil Employee
Record Office shall register of such post from the date of the
commencement of promotion after the concerned institution provide
promotion.
(7) The position shall ipso facto lapse if the employee is
promoted, pursuant to Sub-section (6), gets retirement by any reason
or is promoted to above 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/her promotion, and the Civil Employees Record Office shall
maintain the records of such post accordingly.
(8) The civil employee promoted for the special post pursuant
to Sub-section (6) shall have to conduct work of the post where

48
he/she work before the promotion except in the case of adjustment
pursuant to Sub-section (7).
Provided that, the seniority of the employee promoted as per
this Section shall be counted as promoted post and shall eligible for
the competition of the above post of above class then promoted
class.
(9) The transfer of the employee promoted as per this Section
shall be with the special post created as per the promotion of this
Section of other institution until the adjustment pursuant to Sub-
section (7).
(10) Notwithstanding anything contained elsewhere in this
Act, in cases where the employee of the same class of one office
promoted as per this Section and might be the office chief post, the
senior employee among such class employee worked as office chief.
(11) Notwithstanding anything contained elsewhere in this
Act, the promotion proceeding work performance evaluation shall be
conducted before and then after the recommendation of promotion
according to this Section the conduced except the first time of the
commencement of this Act.
(12) Notwithstanding contained anything elsewhere in this
Section, the promotion provision of this Section shall not commence
for the layer increase.
(13) Notwithstanding any thing contained elsewhere in this
Section, no adverse effect shall be made to the provision of open
competition by promotion pursuant to this Section.
(14) The procedures for inviting applications for promotion
by evaluation of work performance and experience, rsult
publication and duration, claim of promotion and adjustment of

49
promoted employees and other relevant provisions shall be as
prescribed.
•24D2.Provision relating to layer upgrade of classless employee:
(1) The layer of the classless post shall be as follows:
(a) First layer,
(b) Second layer,
(c) Third layer,
(d) Fourth layer,
(e) Fifth layer.
(2) The employee who is firstly appointed to the classless
post shall be maintained into the first layer.
(3) The competent authority shall upgrade as follows the
classless employees whose records of punishment have not been
maintained pursuant to Section 18E.
(a) Second layer having the service period of Five
year or more and less than Ten years.
(b) Third layer having the service period of Ten
year or more and less than Fifteen years.
(c) Fourth layer having the service period of Fifteen
year or more and less than Twenty years.
(d) Fifth layer having the service period of Twenty
year or more.
(4) The pay scale of the layer pursuant to Sub-section (3)
shall be as prescribed by the Government of Nepal.
(5) The other provisions relating to upgradation shall be as
prescribed.
• Inserted by the Second Amendment.

50
24E. Sheet roll/personal details to be maintained: (1) It shall be the
responsibility of the concerned Head of Department or Head of
Office to maintain accurately the sheet roll/personal details of the
civil employee serving in his/her office. It shall be the obligation of
the concerned employee to update, or cause to be updated, his/her
sheet roll/personal details.
(2) If the civil employee who has already been a potential
candidate for promotion fails to submit the application form because
of his/her staying abroad in the course of a governme tal business or
study or deputation or occurrence of a natural calamity or
circumstance beyond control, the concerned Head of Department or
Head of Office must forward the details of such employee to the
office publishing a notice for promotion, within the time-limit of the
notice for promotion. The promotion committee shall settle acts of
promotion based on the details so forwarded.
(3) If it is proved that any candidate has mentioned false
details in the promotion application form, departmental action shall
be taken against such candidate.
▲24F. Complaint on promotion: (1) The concerned civil employee,
who is not satisfied with the promotion recommendation made by
the promotion committee pursuant to Section 20, may file a
complaint with the Public Service Commission within Thirty Five
days from the date of such recommendation; and the 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
Amended by the Second Amendment. ▲ Inserted by the First Amendment.

51
to be amended, the complaint hearing official shall give a notice
thereof to the promotion committee.
(3) If, while examining a complaint pursuant to Sub-section
(1), it appears that erroneous evaluation has been carried out
knowingly, the Public Service Commission may warn the evaluator.
(4) 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.
(5) A notice of the action taken pursuant to Sub-section (3) or
(4) must be given to the promotion committee secretariat, the office
where the concerned employee is in service and to the concerned
employee, as well.
(6) Other provisions on complaint on promotion shall be as
prescribed.
25. Alteration in conditions of promotion: In making any
amendment to Sections 21, 22, 24, 24A, 24B, 24C and 24D or the
Rules framed thereunder, provision shall be made so that such
amendment shall come into force only on a date after One year of
such amendment.
26. Change of service, group or sub-group: If, Government of
Nepal requires an employee with any special qualifications in any
class of any service, group or sub-group of the civil service, and
given that the post cannot be fulfilled by transfer or promotion made
within that service, group or sub-group, the post has to be fulfilled
by making a change in service from another civil service, group or
sub-group, Government of Nepal may change the servic , group or
Amended by the First Amendment Amended by the Second Amendment.

52
sub-group of the employee selected through a competitive
examination among the civil employees of the same class, having
possessed the qualifications specified in an advertisement done by
the Public Service Commission on request of Governme t of Nepal.
Provided that, in cases where the position is cut off because
any civil service post of any body of the Government of Nepal has
been redundant and the employee in service in such position has to
be transferred to another service, group or sub-group given that the
post of the service, group, sub-group and class so cut off is not
vacant in any other body nor does such post fall vacant even until
One year, nothing contained in this Section shall be deemed to
prevent Government of Nepal from grouping into another service,
group or sub-group, in consultation with the Public Service
Commission.
Chapter 5
Salary, Allowance, Dashain Expenses and Other Facilit es
27. Salary and allowance: (1) A civil employee shall be entitled to
salary and allowance from the day of assumption of his/her post.
•(1a) There shall be a salary and allowance review
committee as follows, so as to review the salary, allowance and
other facilities of the civil employee:
(a) Chief Secretary of the
Government of Nepal

-Chairperson
(b) Secretary, Ministry of Finance -Member
(c) Secretary Ministry of General
• Inserted by the Second Amendment.

53
Administration -Member
•(1b) The salary and allowance review committee shall, each
year, recommend to the Government of Nepal a dear allow nce
based on the consumer price index. The committee shall, in every
three years, review the salary, allowance and other facilities, based
on, inter alia, the revenue increase rate, total number of positions
and the dear allowance provided based on the price index in the last
three years. The committee may set other procedures on it own.
•(1c) The committee referred to in Sub-section (1a) may
constitute a sub-committee as per necessity and mayinvite any
concerned area expert and stakeholder to attend its meeting for
suggestion.
•(1d) The secretariat function pursuant to Sub-section (1a)
shall be carried out by the Ministry of General Administration.
(2) The Government of Nepal shall, also based on the
recommendation referred to in Sub-section (1a), each year provide
the civil employee with an allowance in a sum not exceeding
Seventy Five percent of the consumer price index increasing each
year. In a year where the allowance so provided is in excess of
Twenty Five percent or more of the basic pay scale, Twenty Five
percent amount shall be adjusted in the salary scale and the rest
amount provided as an allowance.
(3) Except in the circumstances stipulated in Section 29 or
60, after the commencement of this Act, each civil employee shall

• Inserted by the Second Amendment. Amended by the Second Amendment. Amended by the First Amendment.


54
be entitled to an increment in salary as prescribed, upon
completion of one year of service. In so prescribing the increment in
salary, the number of increment in salary shall be adjusted in a
manner that is not less than the amount being receiv d by the
employee. In the event of withholding of increment in salary of any
civil employee, the concerned official must mention in writing on
which date the increment in salary is to be sanctioed.
28. Entitlement to earned salary and allowance: (1) Each civil
employee shall receive salary and allowance as well, if any
receivable, after completion of each month.
(2) Each civil employee shall receive his/her earned salary
and allowance as well, if any receivable, even if he/she is relieved
of the civil service for any reason whatsoever.
(3) Except as provided in this Act or the Rules framed
hereunder, no salary of any civil employee shall be deducted.
(4) The salary to which any civil employee is entitled shall
not be withheld during the period he/she is serving or is on leave.
•28A. Work performance incentive fund: (1) Government of Nepal
may provide for a work performance incentive fund in order to
encourage the civil employee based on work performance, work
results and achieved results.
(2) The operation, management and other provisions f the
fund as referred to in Sub-section (1) shall be as pre cribed.
29. Crossing of efficiency bar: No civil employee shall be deemed to
have crossed the efficiency bar until the Secretary at the concerned
Ministry, in the case of a gazetted employee, and the Authority, in
Amended by Some Nepal Acts Amendment Act, 2057(2000). Amended by the First Amendment

• Inserted by the Second Amendment.

55
the case of a non-gazetted employee, mention in writing that such
civil employee is eligible to cross the efficiency bar.
30. Salary receivable in the event of suspension: (1) If any civil
employee is suspended in connection with any governm ntal
business or as a result of an action taken on behalf of Government of
Nepal, such employee shall receive only half of his/her salary during
the period of such suspension.
Provided that, if the charge against him/her is not proved and
he/she is acquitted of the charge, he/she shall receiv the salary less
the half salary, if any, he/she has received during the period of
suspension and the full salary (including increment in salary, if any,
to be made) if he/she has not received the half salary. If he/she is
convicted, he/she shall not be entitled to the remaining salary and
allowances after the date of such suspension.
(2) If any civil employee is suspended for any reason other
than that mentioned in Sub-section (1), he/she shall not be entitled
to any salary during the period of such suspension.
31. Deposit of contribution to Employee Provident Fund: An
amount at the rate of Ten per cent of the monthly salary of the civil
employee shall be deducted, and Government of Nepal shal , adding
the amount of One Hundred percent thereof to such amount, deposit
the total amount in the Employee Provident Fund.
32. Festival expenses and other facilities: (1)A civil employee shall
receive an amount equivalent to the salary of one month being
earned by him/her as the festival expenses each year to celebrate
festival as per his/her religion, culture and custom.
Amended by the Second Amendment.

56
(2) An employee who has got retired with entitlement to
pension shall be provided with a sum equivalent to he pension of
One month payable to him/her, as the festival expenses.
(3) The provisions relating to medical expenses, disability
pension, facilities payable on grounds of deformities, extra-ordinary
family pension and gratuity, educational allowances, pension, child
care allowances to the offspring or other facilities shall be as
prescribed.
Chapter 6
Retirement, Gratuity and Pension
33. Compulsory retirement: (1) Any civil employee who has
completed the age of fifty-eight years or completed he tenure as
referred to in Section 17 shall ipso facto retire from the civil service.
(2) Even the civil employees who are incumbent in the civil
service on the extension of their tenure after completion of the
thirty-year service period, prior to the commencement of Sub-
section (1), may hold office in the civil service until they complete
the age of Fifty Eight years.
Provided that, in the case of the employees whose tenure of
service is specified pursuant to Section 17, that Section shall be
applicable.
(3) For purposes of this Section, the age of a civil 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/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 dayor ear inscribed in
Amended by the First Amendment.
Amended by the Second Amendment.

57
the sheet roll/personal details filled up by him/her at the time of
joining the service, at whichever age he/she gets rtired earlier.
34. Power to award retirement: Government of Nepal may, in the
following circumstances, retire any civil employee from the service:
(a) If any civil employee is proved to have provided or attempted
to provide secret governmental documents, deeds or
information under his/her custody or obtained by him/ er in
any manner to any unauthorized person or body,
(b) If any civil employee is proved to have committed an
irresponsible conduct contrary to the dignity of his/ er post,
by maintaining undesirable contact with any foreign country,
organization or citizen contrary to the national interests.
▲34A. Special provision in respect of incapacitated employee: If it
is certified by the medical board constituted by Government of
Nepal that any civil employee is unable to serve regularly owing to a
physical or mental disease, Government of Nepal may retire that
employee, by adding a service period of Seven years in maximum to
his/her service period.
35. Voluntary retirement : (1) Any civil 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
Government of Nepal 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 does not
cross Sixty years in the case of an employee who joined the civil
service before the 21st Kartik of the year 2049(6 November 1992)

▲ Inserted by the First Amendment. Amended by the Second Amendment.

58
and the age does not cross Fifty Eight years in the case of an
employee who joins the civil service on or after that date, out of the
employees who so retire voluntarily.
Provided that, in the case of the employee who has become
redundant because of non-adjustment in position or who is holding a
post not necessary for Government of Nepal, separate facilities and
terms may be specified and application for voluntary retirement may
be invited by a Notification in the Nepal Gazette.
(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, he/she
may be retired by promoting him/her to one level higher post if
he/she has served as per Sub-section (3) of Section 37 i the event
that he/she is entitled to promotion to one level higher post pursuant
to Section 20A. of this Act.
36. Gratuity: (1) If any civil employee, who has served for Five y ars
or more but has not completed the period required for pension,
retires or leaves service by getting resignation accepted or is
removed from the post without being disqualified for government
service in the future, he/she shall receive gratuity at the following
rate:
(a) In the case of the civil employee who has served
from Five years to Ten years, Half the last
month's salary for each year of his/her service,
(b) In the case of a civil employee who has served
for more than Ten years up to Fifteen years, the
last One month's salary for each year of his/her
service,

59
(c) In the case of a civil 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 service.
(2) Notwithstanding anything contained in Sub-section (1), no
gratuity shall be paid to any civil employee who is proved to have
lied about citizenship or age or qualification with t e intention of
entering into or continuing to hold the government service.
37. Pension: (1) A civil employee who has been in government service
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 that:
(1) No civil employee who has been dismissed from
the service with being disqualified for
government service in the future shall be entitled
to the pension pursuant to this Section.
(2) No pension shall be paid to any civil employee
who is proved to have lied about citizenship or
age or qualification with the intention of
entering into or continuing to hold government
service.
•(1a) Notwithstanding anything contained in Sub-section (1),
in the case of not obtaining the pension by the servic period due to
compulsory retirement to the employees appointed in a class or post
as maximum age of Forty years and appointed pursuant to Sub-
• Inserted by the Second Amendment

60
section (2) of Section 10, pension shall be provided by adding up to
two years in service period to such employee .
Provided that, this provision shall not be applicable to the
employees who retired before the commencement of this sub-
section.
(2) Notwithstanding anything contained in Sub-section (1),
the minimum amount of pension shall not be less than lf the
amount of basic figure of salary of the incumbent civil employee of
the same post ▲and the maximum amount thereof shall be more
than the basic scale of salary of the incumbent civil employee of the
same post.
(3) If any civil employee who has been in service in the civil
service since 21 Kartik 2049 (6 November 1992) ago has already
completed the service period of thirty years, he/sh may retire from
service voluntarily. The total service period of the civil employee
who has so retired voluntarily from service or who as ipso facto
retired pursuant to Section 33 owing to the completion of 58 years
of age upon having been in service in the civil service since 21
Kartik 2049 (6 November 1992) ago shall be set by adding such
remaining period as required for him/her to complete sixty years of
age.
(4) If any employee who has completed a service period of
fifteen years dies, a maximum period of Five years shall be added to
his/her service period, and his/her family shall be allowed to receive
either pension or gratuity, whichever that family chooses.
(5) If any person who is receiving pension on account of
his/her earlier service in any government post is appointed to the
civil post later, he/she shall be entitled to pensio pursuant to this ▲ Inserted by the First Amendment. Amended by the First Amendment.


61
Section, with the addition of the period of his/her earlier service to
that of his/her subsequent service.
38. Increment in pension: Where the salary of the incumbent civil
employee 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 civil employee of the same post.
۩Provided that, this provision shall not be applicable to the
civil employee entitled to pension pursuant to Section 39B.
39. Family pension and gratuity: (1) If any civil employee dies
while in service or prior to completion of seven years after he/she
started to receive pension, a gratuity or pension as provided for in
Section 36 or 37 shall be provided to his/her family or minor brother
or unmarried sister.
Provided that, in the case of pension, such pension hall not
be available for more than Seven years. No pension hall be
provided to the family of the civil employee, who die prior to
completion of Seven years after he/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/she shall be entitled to
such pension until he/she attends majority.
(3) The widower husband or widow wife of a civil 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
۩ Proviso inserted by the Second Amendment.

62
years after he/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 hiswife or her
husband dies after completion of seven years after he/she started to
receive pension.
۩Provided that, if such widower husband or widow wife
concludes another marriage, he or she shall not be entitled to this
kind of pension facility.
•(3a) Notwithstanding anything contained in Sub-section (3),
if the pension receiver widower husband or widow wife dies or
he/she marries with other, such pension amount shall be provided as
prescribed to minor children until they attain majority.
(4) Where the salary of incumbent civil 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-sections (1),
(2) and (3).
(5) If any employee dies prior to receiving any amount to
which that employee is entitled under this Act, such amount shall be
paid to the person from amongst his/her family membrs who is held
to be entitled to the gratuity or pension of that employee pursuant to
this Act.
(6) In providing gratuity or pension, if the deceasd civil
employee has nominated any member of his/her family or his/her
minor brother or unmarried sister, gratuity or pensio 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,
۩ Proviso inserted by the Second Amendment.
• Inserted by the Second Amendment

63
it shall be provided to such person from amongst the members of
his/her family as may be deemed appropriate by Governm nt of
Nepal.
▲39A. Pension and gratuity of disappeared employee: (1) If any
civil employee who has served in the civil service has disappeared
and whose whereabouts have not been traced until the prescribed
period whether he/she is dead or alive, the amount f gratuity or
pension to which such employee is entitled pursuant to Section 36 or
37 shall be provided to his/her family.
(2) Notwithstanding anything contained in Sub-section (1),
his/her family shall be provided with the family pension equal to the
full amount of pension for up to Seven years if he/s who is
entitled to pension pursuant to Section 37 disappears prior to
receiving pension and for up to the period remaining to complete
Seven years if he/she disappears after starting to receive pension,
and after that period, his/her wife or husband shall be provided with
family pension equal to half the amount of pension f r life.
(3) If the employee disappeared is traced subsequently, the
gratuity as referred to in Section 36, if not paid yet, or the amount of
pension receivable under Section 37 shall be provided to him/herself
from the date on which he/she claims for the same.
Provided that, the person traced subsequently shall not be
entitled to claim such amount of gratuity, pension or family pension
as has already been paid pursuant to Sub-section (1) or (2).
•39B. Special provisions relating to gratuity and pension: (1)
Government of Nepal shall set up a separate gratuity and pension
fund for purposes of providing gratuity and pension to civil
▲ Inserted by the First Amendment. • Inserted by the Second Amendment.

64
employees appointed after the date of Notification in Nepal Gazette.
An amount at the rate of at least Ten per cent of the monthly salary
of such employees shall be deducted, and Government of Nepal
shall, adding the amount equal to Ten per cent of the monthly salary
to such amount, deposit the total amount in that fund.
(2) The gratuity and pension related provisions contained in
Sub-section (1a) of Section 32, Section 34A., 35, 36,37, 38, 39 and
39A. shall not be applicable in the case of the civil employees to be
appointed after the publication of notice pursuant to Sub-section (1).
(3) Government of Nepal shall provide the amount equivalent
to deducted monthly salary pursuant to Sub-section (1) at the time of
payment of salary to the employee.
(4) Notwithstanding anything contained in Sub-section (3), a
civil employee who has been dismissed from the servic with being
disqualified for government service in the future pursuant to Sub-
clause (2) of Clause (b) of Section 59 shall be entitl d to receive a
lump sum of the total amount deducted from his/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 purposes of gratuity
and pension and fund deductions shall be as prescribed.
•39C. Special provision of family pension: (1) Notwithstanding
anything contained elsewhere in this Act, if any civil employee in
the course of duties specified by the government for the work
performance dies due to insurgency and his/her service period is less
• Inserted by the Second Amendment.

65
than Twenty years, the pension as per this Act shall be provided to
the husband or wife by adding remaining service period.
(2) The person receiving pension pursuant to Sub-section (1)
shall not receive family pension or gratuity pursuant to Section 39.
(3) If person receiving pension as per this Section marries
with other, he/she shall not receive such pension.
(4) While increasing the salary of the civil employee, Two
third amount of the increased salary shall be added to the person
receiving the family pension.
(5) If the person receiving pension as per this Section dies or
he/she marries with other, such pension amount shall be provided to
minor son, daughter, if any, of the deceased employee until they
attain majority.
•39D Special economic facility: If a civil employee dies while in
service, his/her near heir shall be provided with a lump sum of One
Hundred Fifty Thousand Rupees.
40. Reference of salary: (1) Wherever in this Chapter and in Chapter
5, a reference of salary is made, it shall mean the concerned civil
employee's salary amount (including salary increment) for the time
being.
(2) For purposes of Sections 36 and 37, the term "last salary"
shall mean the concerned employee's salary at the tim of his/her
retirement, and if any civil employee has been on extra-ordinary
leave or under suspension at the time of such retirement, the amount
of full salary shall be computed even for such period.
• Inserted by the Second Amendment.

66
40A. Provisions relating to insurance facility: (1) The Government
of Nepal shall establish a fixed term (Sabadhik) life insurance fund
for the civil employee insurance.
(2) A sum of Two Hundred Rupees shall be deducted from the
monthly salary of each civil employee and deposited in the fund
pursuant to Sub-section (1), and the Government of Nepal shall add
the amount equal thereto and make the Twenty year trm life
insurance for the insured sum of One Hundred Thousand Rupees.
From the amounts deposited in that insurance fund, the insured sum
and bonus shall be paid to the employee at the time of his/her
retirement.
(3) If any civil employee who has made deduction pursuant to
Sub-section (2) dies before the completion of Twenty years of
service period, an amount of One Hundred Thousand Rupees shall
be provided to his/her family. The following amount shall be
provided to the compulsory retired civil employee.
(a) Ten Thousand Rupees for deducting the amount
of less than One year.
(b) Twenty Five Thousand Rupees for deducting the
amount of more than One year and less than Five
years.
(c) Fifty Thousand Rupees for deducting the amount
of more than Five year and less than Ten years.
(d) Seventy Five Thousand Rupees for deducting the
amount of more than Ten year and less than
Fifteen years.
(e) One Hundred Thousand Rupees for deducting
the amount of more than Twenty years.
Amended by the Second Amendment.

67
Provided that, if the deposited amount,
interest and dividend be higher than the above
mentioned amount, the higher amount shall be
provided from the fund.
(4) If any civil employee who has made deduction pursuant to
Sub-section (2) retires from the service for any reason whatsoever,
prior to the twenty years deduction of amount, an amount equal to
the surrender (Samarpan) value shall be provided to such employee.
(5) Notwithstanding anything contained in sub-sections (2)
and (3), the retired employee shall provide continui y as maturity to
the fixed term life insurance amount in twenty or less than Twenty
years.
Provided that, Government of Nepal shall not provide any
amount for the same.
(6) Other provisions relating to the fixed term life insurance
fund shall be as prescribed.
▲40B. Provisions relating to study, training or study tour : (1) The
concerned Ministry, Commission or Secretariat shall, in order to
send the employees under it for study, training or study tour, prepare
a description thereon and forward it to the Ministry of General
Administration each year.
(2) The Ministry of General Administration must, upon
receipt of the description pursuant to Sub-section (1), specify the
number on subject-wise basis for study, training or study tour and
forward a description thereof to the National Planning Commission.
(3) There shall be a committee as follows to allocate the
opportunities of study, training or study tour received by the
▲ Inserted by the First Amendment.

68
National Planning Commission and other governmental institution
in the name of Government of Nepal to all the services
proportionately:
(a) Chief Secretary of the
Government of Nepal Chairperson
(b) Secretary at the Ministry of
Finance
Member
(c) Secretary at the National
Planning Commission

Member
(d) Secretary at the Ministry of
General Administration
Member
Secretary
(4) The Ministry of General Administration shall distribute
opportunities as per the decision of the committee r ferred to in
Sub-section (3)
(5) The criteria for making nomination for a study, training or
study tour shall be as prescribed.
▲40C.Period for which service to be done upon completion of
study, training or study tour : Any civil employee who pursues a
study, training or goes on a study tour on the nomination of
Government of Nepal must, upon completing such a study, training
or study tour, serve in the Ministry or Office where he/she was in
service before going on for such study, training or study tour for up
to the period as mentioned below in a compulsory manner, subject to
this Act:
Amended by the Second Amendment. ▲ Inserted by the First Amendment.

69

Period of study, training or Minimum period for wh ich
study tour service is to be done
(a) Up to Three months One year
(b) From Three months to Six months One and half year
(c) From Six months to Nine months Two years
(d) From Nine months to One year Three years
(e) From One year to Two years Four years
(f) From Two years to Three years Five years
(g) From Three years to Four years Seven years
(h) From Four years to Five years Eight years
40D. Bond to be executed: (1) Any civil employee shall, before going
for having study, training or study tour, by the nomination of
government, execute a bond to the effect that he/she shall return
upon completing such study, training or study tour and carry out
service as referred to in Section 40C.
(2) If any civil employee does not return to the service after
completing the study, training or study tour or does not complete the
period of service required to be carried out under S ction 40C., the
salary, allowances received by him/her during the period of the
study, training or study tour and other amounts mentioned in the
bond, as well, shall be realized from such employee as government
dues if such salary, allowances and other amounts be not returned
within the prescribed period.
(3) Any civil employee who, upon obtaining the prior
approval of the competent, has gone to carry out stdy, training or
Amended by the Second Amendment.

70
study tour, shall execute a bond to the effect thathe/she shall carry
out service as equal to the study training or study tour after the
completion of study, training or study tour.
(4) If a civil employee who has gone for study pursuant to
sub-sections (1) and (3) does not come for service or does not
complete the service period, the duration of such study, training or
study tour shall not be counted in service period of such employee.
(5) Notwithstanding anything contained elsewhere in this
Section, if an employee who has gone for study, training or study
tour gets compulsory retirement or dies, any amount shall not be
forfeited from him/her or him/her family for the no-completion of
service pursuant to Section 40C.
Chapter 7
Conduct
41. Punctuality and regularity: Each civil employee must attend
his/her office regularly during the time appointed by Government of
Nepal and must not remain absent from the duty withou having
prior sanction of leave as far as possible.
42. Discipline and obedience: (1) A civil employee must remain in
discipline and perform his/her duties with honesty and readiness.
(2) A civil employee must expeditiously carry out any orders
given by his/her superior officer on matters relating to governmental
business.
(3) A civil employee must show due respect to all the
employees superior to him/her and treat his/her subordinate
employees properly.
43. Restriction on using political or undue influence: No civil
employee shall, with intention to satisfy his/her personal interests on

71
matters relating to his/her service, exert or attempt to exert any
political or other undue influence over any other civil employee.
44. Restriction on taking part in politics: No civil employee shall
take part in politics.
45. Restriction on criticizing Government: (1) No civil employee
shall, on his/her real or pseudo name or anonymity, publish any
feature article, provide any news to the press, broadcast a speech
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
Government of Nepal or to undermine the mutual relationship
between Government of Nepal 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 anyfeature article in
such a manner as not to be contrary to the prevailing law and the
policies of Government of Nepal.
46. Restriction on publishing news relating to governmental
business: No civil employee shall, without being authorized by
Government of Nepal, 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/ er in the
course of performing the governmental duty or any matter
prohibited by law or any document or news written or c llected by
him/her. This restriction shall also be applicable to a person who has
been relieved of the government service for any reason whatsoever.
47. Restriction on receiving gift, present, donation etc. and
borrowing : (1) No civil employee shall, without prior approval of
Government of Nepal, accept a gift, donation, present or
gratification of any kind either by him/herself or through any

72
member of his/her family, or ask for donation or borrow any loan
from any person concerned with any government business, in such a
manner as to affect the government business in any manner.
(2) If any civil employee happens to receive any present from
any foreign government or any representative of such foreign
government, he/she must inform Government of Nepal about it and
shall act accordingly as sanctioned.
48. Restriction on establishing and operating company and
carrying on trade or profession: (1) No civil employee shall,
without prior approval of Government of Nepal, carry out the
following acts:
(a) To participate in the establishment, registration
or operation of any bank 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), a
civil employee may carry out any literary, scientific or artistic works
in a manner not to be contrary to the policies of Government of
Nepal.
49. Restriction on taking part in election: No civil 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.
Provided that, this shall not bar the exercise of his/her right to
vote conferred under the prevailing laws, without revealing whom
he/she has voted or intends to vote for.
50. Restriction on agitation and strike: No civil employee shall
perform an agitation, participate in a strike or entice anyone to

73
perform such acts in a manner to undermine the sovereignty and
integrity of the Kingdom of Nepal, the law and orde situation of the
country, external relations and public decency, make contempt of
court, create hatred among the peoples of various castes, tribes,
religions, classes, regions and communities or aid an abet any
crime.
51. Restriction on staging strike, detention and Gherao: No civil
employee shall stage any strike or pen-down action and exert any
pressure inflicting physical or mental suffering orentice other
persons to commit such acts in a manner to cause hindrance or
obstruction to any office or officer in the performance of the duties
required by law.
52. Restriction on making representation: No civil employee shall
make representation on behalf of any person or group, except for
making petition to the concerned body or official eith r by
him/herself or through his/her attorney in respect of any grievance
caused to him/her.
Provided that, nothing in this Section shall be deem d to bar
the carrying out of any work regarding post responsibility of civil
employee and representation on behalf of the authentic trade union
of the civil employees formed pursuant to Sub-section (3) of Section
53.
53. Provision relating to professional organization of civil
employees: (1) The civil employees may form an organization
under the provisions of this Act.
(2) The following provisions shall be complied with while
forming the trade union pursuant to Sub-section (1).
Amended by the Second Amendment. Amended by the Second Amendment.

74
(a) The employees of gazetted third class or lower
than that except the gazetted class employees
who work as the head of the office, may form a
trade union of civil employees at the national
level and receiv membership for their
professional entitlement and welfare.
(b) The registration of the trade union of civil
employees shall be made in the Department of
Labour and Employement Promotion.
(3) The authentic trade union of civil employees shall be
formed as follows:
(a) The member of the trade union of civil
employees as formed pursuant to Sub-section (1)
may form authentic trade union of civil
employees with appointing officials.
(b) The authentic trade union of civil employees
shall have the right to submit own professional
demands and conduct social dialogue and
collective bargaining at the concerned institution
at the district, departmental and national levels.
In the case of not forming the authentic trade
union of civil employees, the trade union of civil
employees formed pursuant to Sub-section (1)
may conduct collective bargaining with mutual
consent of each other.
(c) The other provisions relating to authentic trade
union of civil employees shall be as prescribed.
(4) The functions, duties and powers of the trade union of
civil employees shall be as follows:

75
(a) The duties of the trade union of civil employees
formed pursuant to sub-sections (1) and (3) are
to provide suggestion and assistance to the
Government of Nepal about effective and
dynamic civil service while taking account of the
protection and promotion of employees’ right
and interest.
(b) The trade union of civil employees may conduct
creative and artistic work along with asembly,
training and symposim.
(c) The trade union of civil employees shall have
the right to form association, receive
membership of such association, receive
membership of an international association and
represent on behalf of the association.
(5) The Government of Nepal may take suggestions from the
authentic trade union of civil employees while making law relating
to civil service.
(6) The competent authority shall have to manage the transfer
of the officials of the authentic trade union of civil employees and
national level trade unions formed pursuant to Sub-sections (1) and
(3) on their demand to their appropriate working area.
(7) The tour up to thirty days in one year may provide to the
central officials and members of the national level trade union
formed pursuant to Sub-sections (1) and (3) to participate a seminar,
workshop, assembly, work related with the organization at the
domestic and international level without causing financial obligation
to the Government of Nepal .

76
(8) The other provisions of registration, condition thereon and
process relating to trade union of civil employees shall be as
prescribed.
54. Statement of property: Each civil employee must submit a
statement of his/her property.
•54A. Prohibition on torture : (1) No civil employee shall subject any
one to torture.
(2) No civil employee shall commit sexual abuse.
•54B. Other conduct: (1) In discharging duties in his/her office, a civil
employee must treat all in a decent manner.
(2) The civil employee must bear the responsibilities which
may arise according to his/her office and post and perform works in
an impartial, fair, efficient and prompt manner.
(3) The civil employee must not use or consume any
government property for domestic use.
(4) The civil employee must not depute any governmet
employee, appointed as to get salary by the governmnt service to
domestic work except office work.
•54C. Treatment to stakeholders: (1) The civil employee must accord
decent treatment to the stakeholders related with his/her works.
(2) A clear information, inter alia, on the matters and process
related with the work of the stakeholders and the time required to
perform the work must be given to the stakeholders in due time.
• Inserted by the Second Amendment.
• Inserted by the Second Amendment.

77
55. To keep conduct compatible with own service and post: Each
civil employee must also keep his/her conduct compatible with
his/her service and post.
▲55A. Powers to warn: If any civil employee is not punctual, does not
carry out the order given by the employee superior to him/her on
matters relating to any government business or becom s 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 must be maintained in the sheet roll/personal details
file of the concerned employee.
Chapter 8
Service Security
56. Security of service of civil employee: No civil employee, other
than the following civil employee, shall be removed or dismissed
from the civil service without providing him/her with a reasonable
opportunity to furnish proofs his/her defense:
(a) Who has been convicted by a court of a criminal offence
involving moral turpitude,
(b) Who is holding a temporary post,
(c) Who has disappeared and whose whereabouts are not known
or there are sufficient grounds that it is not possible to
establish contact with him/her.
•(d) Who is convicted by a court of a corruption charge.
57. Saving of civil employees: (1)No case may be instituted against
any civil employee in respect of any government busine s performed
by him/her considering it to be the carrying out of the duties of ▲ Inserted by the First Amendment.
• Inserted by the Second Amendment.

78
his/her post, without fulfilling the procedures as mentioned in Sub-
section (2).
(2) In order to institute a case against any civil employee
pursuant to Sub-section (1), an approval of the Authori y shall be
required in respect of a criminal case; and the following matters
have to be observed in respect of a civil case:
(a) Two months have elapsed after a written notice
stating the reasons for instituting the case and
the name and address of the plaintiff and of
his/her attorney, if any, has been delivered to the
Authority or the concerned civil employee or
sent by post through a registered mail and a copy
of such notice has been submitted to
Government of Nepal.
(b) The case has been filed within eight months
from the date of cause of action.
(3) In respect of any act performed by any civil employee in
the course of discharging the duties of his/her post while he/she was
incumbent, no case may be instituted against him/her without the
approval of Government of Nepal, even after the termination of
his/her service.
(4) If Government of Nepal gives approval to institute a case
pursuant to Sub-section (3), Government of Nepal shll defend on
his/her behalf.
58. Security of conditions of service: The conditions of service
relating to salary, gratuity, pension and other facilities of any civil
employee prevailing at the time of his/her appointment shall not,
without his/her consent, be so altered as to cause dv rse effects on
him/her. If any subsequent amendment causes adverse effects, in

79
any manner, on such conditions of service of any civil employee
who is already incumbent prior to such amendment, such amended
provisions shall not be applicable to him/her in absence of his/her
written consent to the application of such provisions.
Chapter 9
Punishment and Appeal
59. Punishment: A civil employee may be subjected to the
department punishment as follows, if there exist appropriate and
sufficient reasons:
(a) Ordinary Punishment:
(1) Censure,
(2) Withholding of promotion for up to two years or
withholding of a maximum of two salary increments,
(3) Withholding of promotion for two to five years, or
withholding of a maximum of two to five salary
increments,
(b) Special punishment:
(1) Removal from service, without being disqualified for
government service in the future.
(2) Dismissal from service, with being disqualified for
government service in the future.
60. Censure or withholding of promotion for up to two years or
withholding of a maximum of two salary increments:
Punishment of censure or withholding of promotion for up to two
Amended by the First Amendment. Amended by the Second Amendment. Amended by the Second Amendment.

80
years or withholding of a maximum of two salary increments may be
imposed on a civil employee, in any of the following circumstances:
(a) If his/her performance did not found satisfactory,
(b) If he/she fails to hand over the charges pursuant to the
prevailing law,
(c) If he/she is given warning for up to two times a year under
Section 55A.,
(d) If he/she violates the matters relating to conduct mentioned in
this Act and the Rules framed hereunder,
(e) If he/she fails to observe any direction given by the official
superior to him/her in respect of his/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.
•60A.Withholding of promotion for two to five years or
withholding of a maximum of two to five salary increments
or demoting to the basic scale of the post: Punishment of
withholding of promotion for up to five years or withholding of a
maximum of five salary increments or demoting to the basic scale of
the post held by him/her may be imposed on a civil employee, in any
of the following circumstances:
(a) If he/she commits breach of discipline,
(b) If he/she violates the matters relating to conduct mentioned in
this Act and the Rules framed hereunder,
(c) If he/she fails to settle advances pursuant to he prevailing
law,
• Inserted by the Second Amendment.

81
(d) If he/she fails to observe any direction given in respect of
irregularities found from management audit.
(e) If he/she frequently absent in the office without prior notice.
61. Removal or dismissal from service: (1) A civil employee may
be removed from serve, without being disqualified for government
service in the future, in any of the following circumstances:
(a) If the civil employee fails to perform the duties
or responsibilities of his/her post due to his/her
own incapacity.
(b) If he/she frequently violates the matters relating
to conduct.
(c) If he/she frequently consumes alcoholic
substances during the office hours.
(d) If he/she frequently commits acts of indiscipline.
(e) If he/she takes part in politics.
(f) If he/she frequently neglects the responsibilities
of his/her post.
(g) If he/she absents himself/her from his/her office
continuously for ninety days without having
sanction of a leave.
(2) A civil employee may be dismissed from service, with
being disqualified for government service in the future, in any of the
following circumstances:
(a) If he/she is convicted by a court of a criminal
offence involving moral turpitude.
(b) If he/she commits corruption.

82
•61A. Special provisions relating to departmental action and
punishment: (1) Notwithstanding anything contained elsewhere in
this Act, if, pursuant to the Commission for the Investigation of
Abuse of Authority Act, 2048 (1991), that Commission, and,
pursuant to the prevailing law, the concerned body writes for
departmental action against any civil employee, departmental
punishment must be imposed accordingly, after fulfilling the
required procedures.
(2) Notwithstanding anything contained elsewhere in this Act,
if any civil employee is found absent in office without approved
leave, he/she may be registered as absent and his/her alary may be
deducted. Such period shall not be counted in the service period.
(3) Notwithstanding anything contained elsewhere in th s Act,
no office-bearer shall allow a civil employee who remains absent for
a period exceeding ninety consecutive days to attend he office, by
marking him/her as non-attendant. Departmental action shall be
taken against the office-bearer who so allows office attendance; and
the salary and allowances, as well, received by the employee who
has been so allowed to attend the office shall be realized from the
office-bearer who has so allowed office attendance as governmental
dues.
62. Departmental punishment awarding official: (1) The following
authority shall have the powers to issue order of punishment to the
civil employee pursuant to Clause (b) of Section 59.
(a) The Government of Nepal for the employee
working in first class and above that post.
• Inserted by the Second Amendment. Amended by the Second Amendment.

83
(b) Concerned institution special class official for
the employee working in gazetted second and
third class.
(c) Concerned institution departmental head or
gazetted head of the office for the non gazetted
civil employees.
(2) The authority to issue order of punishment pursuant to
Clause (a) of Section 59 shall be as prescribed.
63. Delegation of powers to award departmental punishment:
Government of Nepal may, by a Notification in the Npal Gazette,
delegate the powers of any official empowered to issue order of
punishment pursuant to Section 62 to any other official specified in
that Notification, to be exercised for such period as specified in that
Notification.
64. Powers to suspend: (1) If the investigation of any charge
mentioned in Section 61 is to be conducted in respect of any civil
employee, the official empowered to issue order of punishment may
suspend such a civil employee until the conclusion f the
investigation.
Provided that, generally suspension shall not be ordered
unless the following circumstance exists:
(a) Where there is a possibility that he/she can
collect false evidence or conceal any evidence
against him/her if he/she is not suspended and is
allowed to carry out the duties of his/her post, or
(b) Where there is a possibility of governmental loss
or damage if he/she is not suspended and is
allowed to carry out the duties of his/her post.


84
(2) The official empowered to issue order of punishment to a
civil employee may give a notice of the charge to him/ er on his/her
removal or dismissal from service, and may also suspend him/her.
(3) In suspending a civil employee pursuant to Sub-section
(1), he/she must not be suspended ordinarily for more than two
months. The action against the employee must 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 withthe prior
approval of the Authority.
(4) Any civil 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.
65. Termination of suspension: If any civil employee is reinstated in
his/her post or ▲the period as referred to in Sub-section (3) of
Section 64 is completed or he/she is removed or dismissed from
service, his/her suspension shall stand terminated.
66. Providing opportunity for defense: (1) The official empowered
to issue order of departmental punishment must, prior to issuing an
order of punishment to any civil employee, serve on him/her a
notice, explaining the reason for taking such action and give an
opportunity to defend him/herself within a reasonable time limit. In
giving such opportunity, the charge against him/her must be clearly
indicated and the facts and grounds on which each charge is based
must be specified. In such case, the concerned employee must also
submit his/her defense within the time limit; and the concerned
official must seriously consider the defense so submitted.
▲ Inserted by the First Amendment.

85
(2) The official empowered to issue order of departmental
punishment may, if he/she thinks it necessary, conduct an
investigation either by him/herself or through any other officer. The
officer conducting the investigation must follow the prescribed
procedures.
67. To propose punishment prior to issuance of order of special
punishment: If the concerned civil employee does not submit
defense under Section 66 or if the defense submitted by such
employee is not satisfactory, the official empowered to issue order
of departmental punishment must, prior to issuing an order of
special punishment, ask such civil employee to furnish an
explanation why the proposed punishment intended to be imposed
on him/her should not be imposed on, within a reason ble time limit
in this respect.
68. Seeking consultation of Public Service Commission: If it
appears that the defense submitted under Section 66 or the
explanation furnished under Section 67 by the concerned civil
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 must
propose the punishment intended to be imposed on that employee
and seek consultation of the Public Service Commission.

69. Constitution, functions and duties of Administrative Court:
(1) An Administrative Court shall be constituted, as prescribed,
under the chairpersonship of a person who is a sitting or a retired
judge of the Appellate Court, in order to hear appeals against the

86
decisions of the official empowered to issue order of departmental
punishment -----.
•(1a) Notwithstanding anything contained in Sub-section (1),
where an appeal against the order of punishment as referred to in
Clause (a) of Section 59 has been filed with any official at the time
of commencement of this Section and yet to be settled, such appeal
must be settled by the official with whom it has been filed.
(2) The decision made by the Administrative Court shall be
final.
(3) If, on the final settlement of an appeal under this Section
in regard to any civil employee, his/her service is to be reinstated by
virtue thereof but he/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/her in the service.
(4) Other functions and duties of the Administrative Court
and the procedures to be followed by the Court while exercising its
jurisdiction or while performing its other functions shall be as
prescribed.
(5) The appellant may, if he/she so wishes, appear on the
appointed days either in person or by his/her attorney and may have
his/her case pleaded by a legal practitioner.
70. Decision not to be affected: No decision shall be affected by any
minor error which does not cause substantial effects on the action
against a civil employee conducted by the competent authority
pursuant to this Act or the Rules framed hereunder.
Deleted by the Second Amendment. • Inserted by the Second Amendment.

87
Chapter 10
Miscellaneous
71. Leave to which civil employee is entitled: The civil employees
shall be entitled to the following leaves, as prescibed:
(a) Casual and Festival Leave;
(b) Home Leave;
(c) Sick Leave;
(d) Maternity Leave;
•(d1) Maternity Care Leave;
(e) Obsequies Leave;
(f) Study Leave;
(g) Extra-ordinary Leave;
•71A. Unpaid Leave: (1) If the husband or wife of any civil employee is
deputed to the foreign based Nepalese Embassy or mission, such
civil employee shall get unpaid leave as prescribed.
(2) The unpaid leave pursuant to Sub-section (1) shall not be
counted in the period of service.
72. Delegation of powers: (1) Government of Nepal may, by a
Notification in the Nepal Gazette, so delegate the powers conferred
to it by this Act that such powers may be exercised by the civil
employee or official specified in that Notification.
Provided that, no powers conferred by this Act may be
delegated by any Act, other than this Act.
• Inserted by the Second Amendment. Amended by the Second Amendment.

88
(2) Any official may so delegate the powers conferred to
him/her by this Act to his/her subordinate civil employee that such
powers are to be exercised under her/his general supervision.
▲72A. Management audit: Except in the matters within the domain of
the Public Service Commission, the Ministry of General
Administration may supervise, monitor and evaluate s to whether
the civil employees in service in different bodies of the Government
of Nepal have abided by the prevailing law and other administrative
rules and procedures and give direction, and if, in making such
supervision, it appears that departmental action is to be taken
against any civil employee, it may also recommend such action; and
it shall submit an annual report thereof to the Government of Nepal.
73. Full salary and allowance to be received on being reinstated
in civil service: (1) If any civil employee is re-instated in the civil
service upon annulment by the court of the order of his/her
retirement, removal or dismissal from civil 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/her
retirement, removal or dismissal from civil service to the date of
his/her re-instatement in the civil service.
(2) If any civil employee who was retired or removed or
dismissed from civil service prior to 4th Jestha of the year 2050 (17
May 1993) is reinstated in the civil service by a court order issued
after that date, such employee shall also be entitld o the salary,
allowance and increment in salary pursuant to Sub-section (1).
▲ Inserted by the First Amendment. Amended by the First Amendment.

89
•73A. Provisions relating to disadvantage, grievance of civil
employees and handling thereof: (1) Except in cases where a
civil employee may file a complaint or appeal elsewh re pursuant to
this Act and the prevailing law, if the civil employee thinks that
he/she has suffered disadvantage in the service, conditi ns 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 concerned body about the same, such
employee may present, as prescribed, the disadvantage nd
grievance which he/she has suffered to the prescribed body.
(2) Other provisions relating to disadvantage, grievance of
civil employees and handling thereof shall be as presc ibed.
•73B Establishment and operation of employee welfare fund: (1)
There may be established as prescribed a welfare fund for the
welfare of working civil employees, retired persons and their family
members.
(2) The operation and management of the fund establi hed
pursuant to Sub-section (1) shall be as prescribed.
•73C. Provision relating to employee to Royal Palace Service: (1)
The employee working in Royal Palace Service at the time of
commencement of this Act, shall be administered and managed by a
separate regulation.
(2) The Royal Palace Service Act, 2029 and Rules made
thereunder are hereby repealed.
74. Handing over charge: Any civil employee required to hand over
the cash, goods in kind or documents required to be handed over by
• Inserted by the Second Amendment.

90
him/her must hand them over to the concerned employee within the
prescribed time-limit, and the person required to take them over
must take them over within that time-limit.
75. Power to frame rules: Government of Nepal may, in order to
implement the objectives of this Act, frame rules to be generally
applicable to all the civil services or to be severally applicable to
different services or groups.
76. Repeal and saving: (1) The Civil Service Act, 2013 (1957) in
hereby repealed.
(2) All the acts done and actions taken pursuant to the Civil
Service Act, 2013 (1957) and the rules framed thereund r shall be
deemed to have been done and taken under this Act.

Note: 1. An Act made to Amend Some Nepal Laws, 2063 has
changed the words "His Majesty's Government into
"Government of Nepal" instead of."
2. Sections 64 and 65 of the Civil Service (Second
Amendment) Act, 2064 shall be as follows.
64. To maintain ipso facto in the changed service:
The service of the employees and officers working ad
being maintained in the Auditor General Office as per
Section 9 of the Audit Act, 2048 at the commencement of
this Act shall be ipso facto maintained in the service
pursuant to Clause (e1) of Section 3 and those officers and
employees shall ipso facto be changed in the same class.
65. Repeal and saving: (1) Section 9 of the Audit Act,
2048 has been repealed.

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(2) All acts preformed or actions taken from the
17th Aashad of the year 2063 to the earlier date of the
commencement of this Act shall be deemed to have
been performed or taken under this Act.
(3) The prevailing provisions before of 30th
Aashad of the year 2062 shall continue to apply until
the provisions relating to promotion on ground of work
efficiency commence.