Chapter-11 Miscellaneous

Chapter-11 Miscellaneous
86. Leave to which employee is entitled :

The employees shall be entitled to the following leaves, as prescribed:
(a) Casual and Festival Leave;
(b) Home Leave;
(c) Sick Leave;
(d) Maternity Leave;
(d1)
60 Maternity Care Leave;
(e) Obsequies Leave;
(f) Study Leave;
(g) Extra-ordinary Leave;
(h) Substitute Leave;
(i) Extra Service Leave.
86A.
61 Period of absence not to be included in service period :

(1) Any employee who does not attend his or her office without obtaining a leave shall be marked with absentee and his or her salary shall be deducted and he or she shall also be liable to departmental punishment.
The period of such absence shall not be included in his or her service period.
(2) No official shall allow an employee who remains absent for a  period of more than Sixty consecutive days without having a leave sanctioned to make attendance.
(3) If any official allows any employee to make attendance in contravention of Sub-section (2), the official shall be liable to departmental action and the salary, and allowance as well received by that employee shall be recovered from such an official as government dues.
86B.
62 Entitlement to facilities pursuant to the Civil Service Act, 2049 (1993): Notwithstanding anything contained elsewhere in this Act, if provisions are made under the Civil Service Act, 2049 (1993) for more
facilities than those set forth in this Act in relation to salary, allowances, leave, gratuity and pension to the civil employees, such provisions shall also apply to the employees of the health service.
87. Reward :

(1) A reward of Five salary increments shall be given to an employee who has secured most excellent marks in the work performance evaluation form pursuant to the Rules framed under this Act continuously for the minimum service period required for becoming a potential candidate for promotion to the post that is one
level higher than the level in which the employee is incumbent but he or she has not been able to get place in promotion. Such amount of reward, accompanied by a letter of appreciation, shall be provided by a
decision of the Head of Department.
(2) If the addition of salary increment given pursuant to Sub- section (1) is above the last salary scale of the concerned employee, the amount of such excess salary increment shall be provided by adding the
same to the monthly salary receivable by him/her.
88. Management audit : Except in the matters within the domain of the Public Service Commission, the Ministry of General Administration may supervise, monitor and evaluate as to whether the employees in
service in different bodies of the Ministry of Health 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 employee, it may also recommend such action; and it shall submit an annual report thereof to
the Government of Nepal.
89. Change of service : All employees holding office in the group or sub- group of the Nepal Health Service pursuant to the Civil Service Act, 2049 (1993) and the rules framed thereunder and the prescribed posts related with the health service under the miscellaneous service, 63 prior to the commencement of this Act shall be deemed to have been changed to and hold respective posts in the respective group and sub-group of the health service formed pursuant to this Act
90. ……………….
64
91. Calculation of service period : In calculating the service period of an employee for purposes of this Act, the entire period of the employee holding office permanently in the Nepal Health Service pursuant to the
Civil Service Act, 2049 (1993) prior to the commencement of this Act shall be calculated in the health service under this Act.

92. Full salary and allowance to be received on being reinstated in health service :

(1) If any employee is re-instated in the health service upon annulment by the court of the order of his or her retirement, removal or dismissal from health service, such employee shall be entitled to the salary, allowances, festival expenses
65 as well as increment in salary, if any, receivable, from the date of his or her retirement, removal or dismissal from health service to the date of his or her re-instatement in the health service.
(2) If any employee who was retired or removed or dismissed from civil service pursuant to the Civil Service Act, 2049 (1993) and the Civil Service Rules, 2050 (1994) prior to the commencement of this Act is reinstated in the service by a court order, such employee shall also be entitled to the salary, allowance, festival expenses
66 and increment in salary pursuant to Sub-section (1).

93. Delegation of powers :

(1) The Government of Nepal may, by a notification in the Nepal Gazette, delegate the powers conferred to it
pursuant to this Act to any official specified in that notification.
(2) The official may so delegate any powers conferred to him/her pursuant to this Act to any of his or her subordinate employee that such powers are to be exercised under his or her general direction.
94. Handing over charge : Any employee required to hand over the cash, goods in kind or documents required to be handed over by 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.

95. Power to frame Rules :

The Government of Nepal may, in order to implement the objectives of this Act, frame necessary Rules.
96. Repeal and saving : (1) Clause (j) of Section 3 of the Civil Service Act, 2049 (1993) is, hereby, deleted.
(2) All the acts done and actions taken in respect of the employees of the Nepal Health Service pursuant to the Civil Service Act, 2049 (1993) and the Rules framed thereunder shall be deemed to have been done and taken under this Act. Note bene:
1. Words converted by the Nepal Health Service (Third Amendment) Act, 2063 (……):
Conversion of words has been made by substituting the words “Ayurvedic doctor” for the words “officer Kaviraj” appearing in various places of the Principal Act.
2. Words converted by Some Nepal Acts Amendment Act, 2063- The words “His Majesty the Government” has been converted by “Government of Nepal”