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Chapter-5 Treatment Expenses, Pension and Gratuity

Chapter-5
Treatment Expenses, Pension and Gratuity
16. Treatment expenses:

(1) The Secretary General and Secretary shall be entitled to the medical expenses in the following amount incurred in their treatment upon falling ill.
(a) Expenses according to the bills of a hospital of expenses incurred in admitting to the hospital and
doing treatment there, and expenses of medicines purchased according to the prescription of the doctor
of the hospital. Provided that, the prescription of doctor  has to set down the diagnosis of disease. 18 Amended by the Republic Strengthening and Some Nepal Acts Amendment Act, 2066 (2010).
(b) Expenses as per the bill of expenses incurred in doing surgical operations except plastic surgery.
Provided that, no expenses of surgical operations done at a private nursing home shall be provided.
(c) Expenses as per the bill of expenses in an amount not exceeding that as specified by the Government of Nepal for the equipment including spectacles, teeth, earphone etc.

(2) Notwithstanding anything contained in Sub-section (1), and no treatment expenses of more than Twelve months’ remuneration receivable by the Secretary General and Secretary throughout the whole period of service shall be provided.

(3) If the board of doctors appointed by the Government of Nepal recommends that the treatment of the Secretary General and Secretary cannot be done within Nepal and they intend to have treatment abroad, the Government of Nepal may provide additional financial assistance in such a sum as it considers appropriate, and this assistance shall be in addition to the treatment expenses to which they are entitled pursuant to Sub-section (1).

(4) If, at the time of detachment from service, the treatment expense is remaining, with or without taking some or none of the treatment expenses receivable by the Secretary General or Secretary during the total period of service pursuant to Sub-section (2), the Secretary General or Secretary shall be entitled to a lump sum amount to be set by Two-Thirds of that remaining amount of treatment expenses after his or her retirement.  Provided that, the Secretary General or Secretary who retires from
service with entitlement to pension shall be entitled to receive in lump sum the whole of such remaining amount.

(5) Notwithstanding anything contained in Sub-section (4), in providing the treatment expenses to the Secretary General and Secretary who are detached from service without serving in the office of Secretary
General or Secretary, only the amount to be set on pro rata by treating the total amount of treatment expenses receivable pursuant to this Act as the amount receivable for having served for Five years.

(6) If the Secretary General or Secretary dies prior to receiving the treatment expenses receivable pursuant to this Section, the person held entitled to the family pension or gratuity pursuant to Section 18 shall be entitled to such treatment expenses.
20. Pension or gratuity:

(1) A person who is appointed to the office of Secretary General or Secretary shall, upon retirement from that office, be entitled to the following pension or gratuity:
(a) If he or she has completed the service period of Ten years in the office of Secretary General and Secretary, Sixty-six percent.
(b) If a person who is holding office in the service of the Government of Nepal or who is a retired person from such service is appointed to the office of Secretary General or Secretary and retires from the service and he or she has completed the service period of Twenty years or more upon computing the period of his or her such previous service and the period of service in the office of Secretary General or Secretary, he or she  shall, upon his or her retirement, be entitled to choose any one out of the monthly pension as referred to in Clause (a) or the monthly pension to be set as follows: Total year of service X monthly remuneration  50  Explanation: For the purposes of this Clause, “period of service in the government service’ shall mean the period of service upon being appointed by the Government of Nepal to any pensionable post.
(c) If, in computing pursuant to Clause (a) or (b), the period of service of the Secretary General or Secretary is less than Ten or Twenty years, he or she shall be entitled to a lump sum gratuity in an amount equal to the figure to be set by multiplying the total years of his or her service with the figure of One and half month’s remuneration being drawn by him or her at the time of retirement.

(3) If a person who has already got gratuity for having served in the service of the Government of Nepal is appointed to the office of Secretary General or Secretary and returns the whole amount of gratuity received by him or her previously within One year of such appointment, his or her previous service period shall be counted for the purposes of pension.

(4) The amount of gratuity to be received by the Secretary General or Secretary pursuant to this Section shall not be more than his or her remuneration of Twelve months.

(5) When the remuneration of the Secretary General or Secretary is increased, the figure of pension being drawn by the Secretary General or  Secretary who is receiving pension shall be also be increased by TwoThirds of the percent of increase in the figure of remuneration.

(6) If a person who is receiving pension for having served in the service of the Government of Nepal is appointed to the office of Secretary General or Secretary and is also eligible to pension pursuant to this Act, he or she may choose any one out of the pension being received by him or her previously and the pension receivable pursuant to this Act.

(7) Notwithstanding anything contained in the foregoing Subsections, the Secretary General or Secretary who is removed from service on the ground of Clause (d) of Section 5 of this Act shall not be entitled to
the facility of pension or gratuity as referred to in this Act.

21. Family pension and gratuity:

(1) The pension as referred to in Section 18 shall, in the following circumstance, be provided to such person out of his or her family members as has been nominated by the Secretary General or Secretary and to the nearest heir out of his or her family members if the person so nominated has died or failing such nomination:
(a) If the Secretary General or Secretary dies while in service, up to Seven years after the death,
(b) If he or she dies prior to expiration of Seven years after starting to receive pension pursuant to Section 18, up to the period that remains to complete Seven years.
(2) If the Secretary General or Secretary dies while in service and is entitled to gratuity but not to pension pursuant to Section 18, the person as referred to in Sub-section (1), out of his or her family members, shall be entitled to the amount of that gratuity.
(3) After the expiration of the period entitling to the family pension as referred to in Sub-section (1), the widow or widower of the deceased  Secretary General or Secretary shall be entitled to half the amount of such pension during his or her life. Provided that, if such a person is receiving pension for the
governmental service performed by him or her, he or she shall not be entitled to the pension as referred to in this Sub-section.
(4) When the remuneration of the incumbent Secretary General or Secretary is increased, the figure of family pension being drawn by the person who is receiving the family pension pursuant to Sub-sections (1) and (3) shall also be increased by Two-Thirds of the percent of increase in the figure of remuneration.

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