Chapter-3 Fulfillment of vacancy in health service

8A. 6 Restriction on fulfillment of vacancy :

(1) No post of the health service shall be fulfilled in any manner other than that provided for in
this Act.
(2) If any post in the health service becomes vacant in any manner, the concerned body shall give information thereof to the Public Service Commission within One month of the post being vacant. The official who does not give information within that period shall be liable to departmental action.
(3) If it is so written pursuant to Sub-section (2), requisition may be made specifying the posts 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.
(5) No salary shall be provided without having a salary report passed by the Civil Employee Records Office (Nijamati Kitabkhana), in the case of employees serving in the Ministry, Department, center and offices situated within the Valley, and by the Treasury and Accounts Comptroller Office concerned, in the case of employees of
the District based Offices.
(6) 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 received by such employee shall be realized from the appointing and salary providing official as government dues.
8B. 7 Restriction on appointment on wages or contract :

(1) No one shall appoint, or cause to be appointed, any person on wages or contract for any job to be performed by the employee. Provided that, if there arises difficulty with the health service delivery owing to that any doctor or health worker is on the study or extra-ordinary leave, the Government of Nepal may employ on contract
service a doctor or health worker who is in possession of the  qualification in his or her post for the period during which such a doctor or health workers goes on leave. 8
(2) If any one appoints, or causes to be appointed, any person in contravention of Sub-section (1), the salary, allowances and amounts for other facilities received by that person so appointed shall be
realized from the appointing official as government dues.

9 Upgrade :

(1) Out of the posts in the service, the posts of Fourth level, Fifth level, officer Seventh level, Eighth level and Tenth level shall be fulfilled from the Third level, Fourth level
10 , officer Sixth level, Seventh level and Ninth level respectively, by way of upgrading.
(2) The freshly appointed and posted officer Sixth level employee and officer Seventh level medical officer, dental officer, officer Kabiraj, integrated medical officer or other medical officer equivalent thereto who has served for at least One year in the most remote area or for Two years in a remote area and gained at least
excellent marks in the work performance evaluation for Three years after the date of fresh appointment and posting shall be upgraded to the Seventh level post and the Eighth level post, respectively.
(3) If an employee who is upgraded from the officer Sixth level post to the Seventh level post pursuant to Sub-section (2) gains at least excellent marks in the work performance evaluation for Two years in
that post, such employee shall be upgraded to the Eighth level post. (4) The employees, who were permanently appointed to the gazetted Third class post on the Nepal Health Service pursuant to the
Civil Service Act, 2049 (1993) prior to the commencement of the Nepal Health Service Act, 2053 (1997) and have completed a service period of Three years after having served for at least One year in the most
remote area or Two years in the remote area, shall be upgraded to the Eighth level post.
11 Notwithstanding anything contained in Sub-section (4), the employees, who were permanently appointed to the gazetted Third class post on the Nepal Health Service pursuant to the Civil Service
Act, 2049 (1993) or after the commencement of the Nepal Health Service Act, 2053 (1997) and has obtained the master’s degree after gaining the basic bachelor’s degree in the subject related with the group, sub-group of the service and completed a service period of Three years after having served for at least One year in any area outside
the Kathmandu Valley or has obtained the post graduate diploma after gaining the basic bachelor’s and completed a service period of Three years after having served for at least Two years in any area outside the
Kathmandu Valley shall also be upgraded to the Eighth level post.
(6) If the employees as referred to in Sub-sections (4) and (5) have not served for such period and in such area as mentioned in those Sub-sections, such employees shall be upgraded only after they have
attended and served in such area until the required period.
Provided that, if an employee as mentioned above cannot be deputed to the said area because of the lacking of post or position or office, such employee shall also be upgraded to the Eighth level post.
(7) The employees who, holding the officer Ninth level post for Two years, have gained at least excellent marks in the work performance evaluation for Two years shall be upgraded to the officer tenth level post.
(7a) 12 After the commencement of this Section, the upgrading of the following employees shall be made as follows:
(a) Employees serving in the Third level at the time of the commencement of this Section, to the Fourth
level of the concerned group,
(b) Employees who were adjusted to the Third level after the commencement of this Section, to the
Fourth level after having completed Two years of service period in that level,
(c) Employees who were adjusted to the Fourth level of the health service after 14 Jestha 2054, to the Fifth
level of the concerned group,
(d) Out of the employees who were adjusted to the Fourth level pursuant to Sub-section (4) of Section
4, the employees who have completed Three years of service period and gained the prescribed
qualification for the Fourth level, to the Fifth level of the concerned group,
(e) Employees who were freshly appointed to the Fourth level of the health service or adjusted to that
level and have completed Five years of service period in the level, to the fifth level of the concerned group,
(f) Employees who were appointed to the Sixth and Seventh levels after completing the procedures of the Public Service Commission prior to the commencement of this Section, to the Seventh and Eighth level of the concerned group, respectively,
(g) Out of the employees who were adjusted to the fifth level and senior Fifth level prior to the commencement of this Section, the employees who have gained the prescribed qualification for the fourth level and completed Ten years of service period in the Fifth level, to the Sixth level of the concerned group,
(h) Employees who were freshly appointed to the Fifth level prior to the commencement of this Section and
have completed at least Ten years of service period in that level, to the Sixth level of the concerned
group,
(i) Employees who were upgraded to the Fifth level after the commencement of this Section and having
completed at least Ten years of service period in that level, to the Sixth level of the concerned group.
(7b)
13 A separate pool position shall be arranged for the employees whose level has been adjusted after 14 Jestha 2054 and are currently serving in the officer Sixth level and they shall be upgraded to the Seventh level of the concerned group.
(7c)
14 After upgradation pursuant to Sub-section (7b), such employees shall be grouped in the concerned group based on their qualification. If any of the employees so grouped is relieved of the health service for any reason, such a position held by him or her shall ipso facto lapse.

15 An employee who is upgraded to a higher level pursuant to this Section shall perform the functions of the level from which he or she is upgraded.
(7e) 16 If an employee who is upgraded to the Seventh level pursuant to Clause (f) of Sub-section (7a) after the commencement of  this Section served in a remote area during the period as referred to in Sub-section (2), he or she shall be deemed to have served in the remote area for upgradation to a higher level.
(8) ……………..
17
(9) ……………..
18
(10) ……………..
19
9A. 20 Upgradation not to be made : Notwithstanding anything contained in Section 9, a employee shall not be upgraded in the following  circumstance and during the following period:
(a) In the event of suspension, during the period of suspension, (b) In the event of withholding of salary increment or promotion, during the period of such withholding,
(c) In the event of suspension of name registration by the health related council established pursuant to the prevailing law, during the period of such suspension.
10. Appointment on recommendation of Public Service Commission : Appointment to the post required to be fulfilled by open competition or internal competition shall be made on recommendation of the Public Service Commission.

11. Appointment to the post of health service :

(1) The Government of Nepal shall make appointment to the officer level post of the health
service; and a Notification of such appointment shall be published in the Nepal Gazette.
(2) The Head of Department may make appointment to the assistant level post of the health service.
(3) Notwithstanding anything contained in Sub-section (2), the Chief of Office may make appointment to the posts of assistant first level to the fifth level in his/her office and subordinate office.

12. Disqualifications for being candidate :

(1) The following persons shall not be qualified for appointment to the post of the health service:
(a) In the case of assistant level post, those who have not completed the age of Eighteen years,
(b) In the case of officer level post, those who have not  completed the age of Twenty years,
(c) Those who have already completed the age of Forty Five years,
Provided that, the age bar (limit) shall not apply to the incumbent permanent employee and the temporary
employee, who, upon being duly appointed to the post of the health service, has completed a service period of Five
years continuously.
(d) Those who have not been registered in the Health Professional Council established pursuant to the prevailing
law and who have not got such registration renewed, Provided that, this Clause shall not be considered to
bar the making of appointment to the post in the level in respect whereof there is no provision for registration of
name in any health related professional council established pursuant to the prevailing law.
(e) Those who have been dismissed from the service, with being disqualified for the government service in the
future,
(f) Those who are non-Nepalese citizens,
(g) Those who have been convicted by the court of a criminal offence involving moral turpitude.
13. 21 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 health service, the Authority 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 for a maximum period of Six months on the basis of the requisition.
(4) Where a notice is not published pursuant to Sub-section (1) or the number of the persons recommended pursuant to Sub-section (3) is less than the number of vacant posts, temporary appointment may be
made for a maximum period of Six months, with the consent of the Public Service Commission.
(5) Until recommendation is made by the Public Service Commission for filling vacancies permanently, the term of office of the employees appointed pursuant to this Section can be extended with the consent of the Public Service Commission.
(6) Information of temporary appointment made pursuant to Sub- section (4) shall be given to the Ministry of General Administration within Seven days.
(7) Notwithstanding anything contained above, no temporary appointment can be made to any post of the service without making requisition to the Public Service Commission for permanent fulfillment.
(8) If any one makes temporary appointment in contravention of this Section, the salary, allowances and amounts for other facilities earned and received by the employee so appointed shall be realized from the appointing official as government dues.

14. Retention of lien : An employee shall continue to have lien over his or her post in the following circumstances:
(a) As long as he or she continues to function in that post;
(b) Until the period of time allowed for the assumption of charge of another post, on being transferred to that post;
(c) While he or she is on leave after getting the same sanctioned;
(d) While he or she is under suspension;
(e) While he or she is deputed by the Government of Nepal on governmental or non-governmental function or while he or she is serving in any other post in an acting capacity.

15. Acting assignment : (1) An employee who is holding a post that is One level junior to a vacant post of any Head of Department or Chief of Office or in which he or she has a lien in the concerned group, sub-
group of the health service can, based on the prescribed grounds, be appointed to act in such vacant or lien post for a maximum period of One year.
(2) Notwithstanding anything contained in Sub-section (1), ……………. 22 the period of acting in that post may, in consultation with the Public Service Commission, be extended for a maximum period of One year until recommendation is made by the Public Service Commission for permanent fulfillment.
16. Oath : Each employee must, before assuming his/her office after being appointed for the first time, swear an oath as prescribed.
17.
23 Provisions relating to Posting :

(1) The employees shall be posted according to their educational qualification, training and experience. (2) Notwithstanding anything contained in Sub-section (1), in posting from the Sixth level to the Seventh level, posting shall be made by giving priority to those who have gained the educational qualification prescribed for the Seventh level, are senior and have served in a remote area, out of the employees whose level and post
have been adjusted to that level.
(3) Notwithstanding anything contained elsewhere in this Act, title of post as prescribed may be given to an employee of the health service who has gained the qualification as prescribed for the assistant level post as prescribed.

18. Probation period : While making fresh appointment to any permanent post of the health service, such appointment shall be made on probation for a period of Six months in the case of a female employee and that of
One year in the case of a male employee.
24 If his or her performance is not satisfactory during the probation period, his or her appointment
may be canceled. The appointment of an 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, an employee who has once undergone a probation period in the permanent post of the health service shall not be required to again undergo the probation period.
19 . 25 Appointment of secretary : (1) Notwithstanding anything contained in the prevailing law, an employee who has served for at least Five years in the Eleventh level of the health service or an employee serving
in the Twelfth level may be appoint to the post of secretary of the Ministry of Health and Population.
(2) The term of office of the secretary appointed pursuant to Sub-section (1) shall be Five years, subject to Section 45.
(3) In counting the term of office of the secretary pursuant to Sub-section (2), the period of service carried out by him or her in the Twelfth level shall also be counted.