Judicial Service Commission Act, 2048 (1991)


Published: 1991

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Judicial Service Commission Act, 2048 English
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Judicial Service Commission Act, 2048 (1991)
Date of Authentication and Publication
2048.7.28 (14 Nov. 1991)
Amendment
1. Republic Strengthening and Some Nepal Laws
Amendment Act, 2066 2066.10.7 (21 Jan 2010)

Act Number 26 of the year 2048
An Act made to provide for provisions on powers, duties and
procedures of Judicial Service Commission

Preamble: Whereas, it is expedient to make provisions on powers, duties
and procedures of Judicial Service Commission;
Now therefore, be it enacted by the Parliament in the Twentieth year
of the reign of His Majesty King Birendra Bir Bikram Shah Dev.
1. Short title and Commencement: (1) This Act may be called
"Judicial Service Commission Act, 2048 (1991)".
(2) This Act shall come into force immediately.
2. Definitions: Unless, the subject or context otherwise requires, in
this Act;-
(a) "Commission" means Judicial Service Commission
constituted pursuant to Article 114 of the Interim Constitution
of Nepal, 2063 (2007).
(b) "Chairperson" means the Chairperson of the Judicial Service
Commission.
Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.

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(c) "Member" means a member of the Commission.
(d) "Secretary" means the Secretary of the Commission.
(e) "Service" means Nepal Judicial Service constituted by the
Government of Nepal under the prevailing law.
3. The power of recommendation of the Commission: The
Commission shall, subject to the prevailing law, recommend for
appointing, transferring or promoting gazetted officers of the service
or taking departmental action against any such officer. In case of
ambiguity in the prevailing service law or if it appears that there is
no provision with respect to any matter in the prevailing law, the
Commission may recommend in the matter by making appropriate
interpretation without prejudicing the Constitution of Nepal and
the prevailing law.
4. The procedure for seeking the consultation of the
Commission on departmental action: (1) While seeking the
recommendation of the Commission for taking departmental action
against any employee working in the gazetted post of service, the
concerned authority shall forward all document relating to the
proposed departmental action and clarification submitted by the
concerned employee, if any,.
(2) The commission shall have the power to write to the
concerned authority to provide for any other particulars related with
such employee besides the document pursuant to Sub-section (1) as
per necessity and it shall be the duty of that authority to provide for
the particulars sought by the Commission.
5. Power to conduct inquiry with the employee: (1) If the
commission finds that only the document pursuant to Section 4 is not Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.

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sufficient to obtain the real fact of the matter, it shall have the power
to summon the concerned employee to appear before it and to
conduct necessary inquiry.
(2) If the employee inquired by the Commission pursuant to
Sub-section (1) requests to the Commission to provide time for
him/her to submit his/her written clarification, it shall provide a
reasonable time to him/her.
6 Power to provide consultation (opinion): The Commission
may, on the request of the Government of Nepal or any
Constitutional body, provide consultation (opinion) in the matter
related with service.
7 Power to determine curricula and to conduct examination:
(1) The curricula required for the examination of promotion as per
service law, shall be as determined by the Commission.
(2) The Commission shall conduct or cause to conduct the
examination for promotion.
8 Procedure relating to the meetings of the Commission:
(1) The meetings of the Commission shall be held on the date and at
the time as fixed by the Chairperson as per necessity.
(2) The Secretary shall provide the Notice of the meeting
along with the date, time and the agenda to be discussed at the
meeting and other particulars thereof to every member in
advancement of Forty Eight hours of the upcoming meeting.
(3) A member may, with the consent of the Chairperson and
members attended in the meeting, put a verbal proposal which is not
included in the prescribed agenda pursuant to Sub-section (2) for any
matter in the meeting and the Commission may make decision on the
matter upon discussing on such proposal.

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(4) It shall be deemed to have met the quorum for holding a
meeting if any Two members including the Chairperson are present
in the meeting.
(5) The decision on every agenda shall be taken at the
meeting of the Commission by the majority votes.
Provided that, in case of a tie, the Chairperson shall exercise
the casting vote.
(6) The Secretary shall authenticate the minuets of the
meeting.
9. Commission may, seek advice and suggestion: The
commission may seek the advice and suggestion of the gazetted
special class officer in the Judicial Service and other concerned
experts.
10. Secretary of the Commission: (1) The Secretary of Judicial
Council shall be ex-officio Secretary of the Commission.
(2) The functions, duties and powers of the Secretary shall be
as determined by the Commission.
11. Liaison with the Government of Nepal: The Commission shall
liaise with the Government of Nepal through the Ministry of Law,
Justice and Parliamentary affairs.
12. Power to frame Rules: The Government of Nepal may, with the
advice of the Commission, frame Rules in order to implement this
Act.
13. Repeal: Judicial Service Commission Act, 2021 is, hereby,
repealed.
Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.