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Chapter-4 Transfer, deputation and promotion

Chapter-4 Transfer, deputation and promotion
20. Power to make transfer and make deputation :

The powers to make transfer and make deputation shall be vested in the Government of Nepal in the case of the officer level employees and in the Authority in the case of the assistant level employees.
21
Grounds for making transfer or making deputation :

(1) The employees shall be transferred to the most remote, remote and non- remote areas in order to provide them with experience of different geographical regions of the country.
(2) The division and sub-division of the most remote, remote and non-remote areas shall be made as prescribed.
(3) No employee shall generally be transferred until the employee completes at least One year in the most remote area or at least Two years in the remote area.
Explanation : For the purposes of this Sub-section, “One year” means a period of continuous attendance of at least Two Hundred Thirty Three days.
(4) No employee shall be deputed to any office for more than Thirty days in a year. In cases where an employee is deputed for a period more than that, the salary and allowances, if any, payable for the
period of deputation so made in excess shall be recovered by deducting the same from the salary and allowances receivable by the authority making such deputation
(5) Notwithstanding anything contained in Sub-section (4), an employee may be deputed for a period of more than Thirty days, in any of the following circumstances:
(a) For the treatment of an infectious disease or natural calamity or taking part in any training, seminar,
symposium or national programme upon being nominated by the Government,
(b) For appointing him or her as acting in any post,
(c) To perform the functions of the Chief of Office or Unit Office where the vacant post of such Chief
cannot be filled immediately.
(6) If any employee who has been deputed in the most remote or remote area pursuant to Sub-section (3) is deputed in a training, seminar, symposium or national programme pursuant to Sub-section
(5), such employee shall not be considered to have worked in the most remote or remote area during the period of such deputation.
21A.
27 Power to transfer prior to expiration of required period :
Notwithstanding anything contained in Section 21, in the following circumstances, an employee may, prior to the expiration of the period, be transferred:
(a) Where the medical board formed by the Government of Nepal recommends that any employee in service in any place cannot work there because of physical or mental health,
(b) Where departmental action is to be taken against any employee, (c) Where, because of the reduction in any position, an employee serving in that position becomes redundant (Phajil),
(f) On the basis of mutual consent in the case of employee serving in the posts of rural heath worker, Ayurvedic health worker and infant maternal worker or on the basis of requisition for employee in the event of vacancy in such posts.
23. Other provisions relating to transfer : Other provisions relating to transfer shall be as prescribed.
24. Promotion : Promotion to the officer level post of the health service shall be made on recommendation of the promotion committee formed pursuant to Section 25.

25. Promotion committee :

(1) There shall be a promotion committee as follows to make recommendation for promotion to the officer level post
of the health service.
(a) Chairperson of the Public Service Commission or Member of the Public Service Commission
designated by him or 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
(e) Secretary at the Ministry of Health – Member-
Secretary
(2) Notwithstanding anything contained elsewhere in this Act, the promotion committee shall, based on the work performance capacity, make recommendation of at least Fifty percent additional candidates of the vacant posts if available, for making promotion to the Twelfth level post. The Government of Nepal shall, from amongst the
candidates so recommended, promote those candidates whom it considers to be appropriate based on seniority and work efficiency.
(3) There shall be a prescribed promotion committee to make recommendation for promotion to the assistant level post of the health service.
(4) The procedures to be followed by the promotion committee to make recommendation for promotion of employees shall be as prescribed.
(5) The promotion committee shall meet in every Six months and make recommendation for promotion no later than Three months after the date of receipt of application forms 28 for promotion.
Minimum qualification and service period for promotion : In order to be a candidate for promotion, an employee must have completed the service period of Three years in the post that is One class below the class of the post to which promotion is made and possessed the educational qualifications as prescribed.
Provided that:
(1) An employee whose level is set at the senior Fifth level in the course of adjustment of level after 14 Jestha 2054
may be a candidate for promotion despite that the employee does have the educational qualification
prescribed for the Fifth level.
(2) An employee who has completed Ten years in the Fifth level may be a candidate for promotion despite that the
employee does have the educational qualification prescribed for the Fifth level.
(3) An employee must have worked in the remote area for at least Two years in order for the employee to be a
candidate for promotion after the commencement of this Section.
(4) If an employee who has been upgraded to the Eighth level pursuant to Clause (f) of Sub-section 7(a) of Section 9
after the commencement of this Section has worked in the level that is one level below that in the remote area for
Two years, the employee shall be deemed to have served in the remote area for promotion to the Ninth level.
26A.
30 Calculation of service period : (1) The period of service carried out in the equivalent post of the Nepal Health Service pursuant to the Civil Service Act, 2049 (1993) prior to 14 Jestha 2054 shall be calculated
for the purposes of promotion.
(2)The period of service carried out in the Sixth and the Seventh levels by the employees appointed to those levels in accordance with the procedures of the Public Service Commission prior to the commencement of this Section shall be calculated for the purposes of upgrading or promotion to the higher level.

31 Ineligibility for being potential candidate for promotion : (1) Notwithstanding anything contained in Section 26, an employee shall not be eligible to be a potential candidate for promotion in the
following circumstances and during the following period:

(a) In the event of suspension, during the period of suspension,
(b) In the event of withholding of promotion, during the period of withholding,
(c) In the event of withholding of increment in salary, during the period of withholding,
(d) ……………….
32 (e) In the event of suspension of registration of an employee by a health related professional council
formed pursuant to the prevailing law, during the period of such suspension,
(f)33 During the period of service added pursuant to Sub- section (2) of Section 45.
(2) Notwithstanding anything contained in Sub-section (1), if any employee is suspended pursuant to Clauses (a) and (e) of the said Sub- section after the publication of a notice of promotion or his or her
promotion or salary increment is withheld pursuant to Clause (b) or (c), his or her promotional appointment shall be withheld during such period; and after the expire of that period, he or she shall be granted
promotional appointment as if he or she were not suspended or withheld, and his or her seniority only shall be maintained.
28. Evaluation of work performance : The work performance evaluation form as prescribed shall be used to evaluate the work performance of an employee.

29. Criteria for promotion :

(1) The promotion committee shall recommend an employee for promotion based on his or her work
efficiency.
(2) In evaluating the work efficiency of the employee, a maximum of 100 marks shall be granted as follows:
(a) For work performance evaluation -Forty marks
(b) For seniority -Twenty marks

(c) For service in geographical
region -Twenty Five marks
(d) For educational qualificationand training -Fifteen marks (3)The allocation of marks as referred to in Sub-section (2) shall be as prescribed.
34 The evaluation of work performance by employees shall be made on the prescribed criteria.
(5) The concerned……….
35 employee who is not satisfied with the recommendation for promotion made by the promotion committee
pursuant to Sub-section (1) may file a complaint with the Public Service Commission within Thirty Five days after the date on which such recommendation is made. The complaint so made shall be settled
within Sixty days.
(6) If, in settling the complaint pursuant to Sub-section (5), it appears that an erroneous evaluation was made deliberately, the Public Service Commission may write to the Head of Department to warn the concerned employee.
29A.
36 Sheet roll/personal details to be maintained :

(1) It shall be the responsibility of the concerned Head of Department or Chief of Office to maintain accurately the sheet roll/personal details of the employees serving in his or her office. It shall be the duty of the concerned
employee to update or cause to be updated his or her personal details.
(2) If any employee who has already been a potential candidate cannot submit an application form because of being abroad in the course of a governmental business, study    or deputation or owing to a natural calamity or force majeure event, the concerned Head of Department or Chief of Office shall send the details of such an employee to the office publishing the notice for promotion within the time-limit set forth in that notice. The promotion committee shall settle promotion related acts based on the details so sent.
(3) If any candidate is proved to have submitted false details in filling up the application form for promotion, he or she shall be liable to departmental action.
30. Alteration in conditions of promotion : In making any amendment to Sections 26, 26A,
37 27, 28 and 29 or the Rules framed there under, provision shall be made so that such amendment shall come into force only on a date after One year of such amendment. 31. Change of group or sub-group :

(1) If the Government of Nepal  considers it necessary, it may, in consultation with the Public Service
Commission, change the group or sub-group of any employee from one to another group of the health service, based on the prescribed grounds.
(2) Where the Government of Nepal has sent any person holding a post in the health service to pursue study in order to acquire special qualifications, after such persons attends service following completion of study, the group or sub-group has to be changed that is related with his or her special qualifications in consultation with the Public Service
Commission.
38 (3) 39 In making change to other group or sub-group pursuant to Sub-section (1) or (2), such a change may be made only when a post in such a group or sub-group is vacant

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