Chapter 3 Fulfillment of Vacancy of Civil Service

Chapter 3 Fulfillment of Vacancy of Civil Service
▲ 6A. Creation of positions :

(1) The number of positions in the civil service shall be created as prescribed.
? (2) In preparing an organizational structure and creating a new position in order to establish a new governmental office or reviewing or altering the currently existing organizational structure and positions, the concerned Ministry shall carry out an organizational and management survey, based, inter alia, on the programme, work-load, job nature and available human resource, obtain consent of the Ministry of Finance and forward it to the
Ministry of General Administration.
• (2a) Based on the consent obtained pursuant to Sub-section (2), the Ministry of General Administration shall make its evaluation  and submit it to the Government of Nepal, Council of Ministers for  approval within Thirty days.
Provided that in the case of an alteration in the organization structure and position, a report on such alteration in organization structure and position may be submitted after carry out organization
and management survey.
(3) Any post fulfilled by creating the position in contravention of Sub-sections ? (1), (2) and (2a) shall ipso facto
lapse.
7. Fulfillment of vacancy in civil service : (1) The posts of Gazette special class of the civil service shall be fulfilled pursuant to Section 19 and following posts shall be fulfilled as follows:

2) The employees serving in the post of Bahidar or equivalent thereto of the non-gazetted forth class at the time of
commencement of this Section shall ipso facto be settled into non-  gazetted third class from the date of commencement of this Section.
(3) Notwithstanding anything contained in Clauses (c) of Sub-  section (1), if any post of non-gazetted third class is not held by any civil employee, that post shall ipso facto lapse. If the employee holding the post of non-gazetted third classes has completed such service period and possesses such minimum educational qualifications as required for the post to which he/she is to be promoted, he/she shall ipso facto be promoted to the one class
higher post. The higher class post shall ipso facto be created for  making such promotion; and the lower post shall ipso facto lapse after such promotion to the higher post.
(4) The Government of Nepal shall specify the classless postsinto those of main workers and assistant workers by a Notification in the Nepal Gazette.
(5) The posts falling vacant at the time of commencement of this Section and the classless posts with duties of assistant workers specified pursuant to Sub-section (4) falling vacant after the commencement of this Section shall ipso facto lapse. The concerned office shall inform the Civil Employees Records Office to terminate
such posts. The duties of such posts shall be contracted out to any person or institution by making a contract with such person or institution and with specification of the minimum salary.
(6) Out of the posts to be filled up through internal competitive examination as referred to in Clause (d) of Sub-section (1), the non-gazetted second class posts shall be filled up through open competition from amongst the employees who are serving in non-gazetted third class and classless posts and have obtained
minimum educational qualification and minimum service period .
(7) Notwithstanding anything contained in Sub-section (1), in order to make inclusive the civil service, forty-five percent posts of the posts to be fulfilled by open competition shall be set aside and be filled up by having separate competition between the following candidates only, by considering the percentage into cent percent:
(a) Women -Thirty Three Percent
(b) Adiwasi/Janjati -Twenty Seven Percent
(c) Madhesi -Twenty Two Percent
(d) Dalit – Nine Percent
(e) Disabled (differently able)- Five Percent
(f) Backward Area – Four Percent
Explanation:
(1) For the purposes of this Sub-section “backward area” means Accham, Kalikot,
Jajarkot, Jumla, Dolpa, Bajhang, Bajura, Mugu and Humla districts.
(2) For the purposes of Clauses (a), (b), (c) and (d) of this Sub-section, “women,
Adiwasi/Janajati, Madhesi, and Dalit” means women, Adiwasi/Janajati, Madhesi,
and Dalit who are backward economically and socially.
(8) Notwithstanding anything contained elsewhere in this Section, the posts of the percentage determined pursuant to Clause
(e) of Sub-section (7) shall be filled up through competitive examination between such disabled only as may be specified for any specific nature of work.
(9) While determining the percent pursuant to Sub-section (7), if there is a fraction that is less than One percent, the fraction shall continue to pass on to the immediately next group of the group in respect of which such fraction has resulted.
(10) If no appropriate candidate is available from the advertisement for a post set aside pursuant to Sub-section (7) in the year of advertisement, such post shall be included in the advertisement of next year, and if any appropriate candidate is not available even upon such advertisement, such post shall be included
in the posts to be filled up through the open competition in that year.
(11) The provisions for the fulfillment of posts through the  percent determined pursuant to Sub-section (7) shall be reviewed in every Ten years.
(12) If there arises any dispute on the determination of posts as per the percent as referred to in Sub-section (7), the decision made by the Public Service Commission shall be final.
(13) Notwithstanding anything contained elsewhere in this Section, the Government of Nepal may, by a Notification in the Nepal Gazette, specify the post that can be competed only be women for any specific nature of function or post.
(14) Notwithstanding anything contained elsewhere in this Section, permanent appointment may be made by way of a competitive examination, between such women candidates only,
specified by the Public Service Commission to the prescribed post for one time after the commencement of this Section as have obtained necessary minimum qualification for any post and have worked for at least five years temporarily in the permanent post of the women development program operated by a governmental body.
(15) The posts to be filled up through the adjustment of work performance and experience pursuant to Sub-section (1) shall be adjusted on the basis of seniority from amongst the employees who are promoted as per Section 24D1.
(16) The minimum qualification required for the post of gazetted second and first class to be filled up through open
competition pursuant to Clauses (f) and (g) of Sub-section (1) shall be Master’s Degree obtained on the concerned subject and experience of Five years in the case of gazetted second class and that of Seven years in the case of gazetted first class, in an officer level post of any government service or a body corporate registered
as per the prevailing law or an international association or institution.
Provided that, the term of work experience shall be less by Two years in the case of a candidate who has done Ph.D.

(17) Other provisions relating to the fulfillment of vacancies in the civil service and fulfillment of expert posts shall be as prescribed.
? 7A. Provisions on requisition for vacancy fulfillment : (1) If any post of the civil service falls vacant in any manner, the concerned body shall give information thereof to the Public Service Commission within one month after such vacancy. Departmental action shall be taken against the office-bearer who fails to give such information within that period.
(2) Upon receiving the requisition for the fulfillment of vacancies pursuant to Sub-section (1), the details of the such posts shall be published within the month of Shrawan every year, as prescribed.
(3) In making requisition for the fulfillment of vacancies in the civil service, requisition may be made, specifying the posts already 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.
▲ 7B. Restriction on vacancy fulfillment : (1) No post of the civil service shall be fulfilled in any manner other than that provided for in this Act.
(2) No salary shall be provided without having a salary report passed by the Civil Employee Records Office (Nijamati
Kitabkhana), in the case of civil employees serving in Ministries, Secretariats, Commissions and Departments and Offices situated within the Valley, and by the Treasury and Accounts Comptroller Office concerned, in the case of civil employees of the District based Offices.
? (3) 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
office-bearer as government dues.
Provided that, nothing in this Sub-section shall be deemed to preclude the provision of salary to a employee holding a redundant post (Phajil).
Explanation: For the purposes of this Sub-section “employee holding a redundant post” means an employee whose
organization or position has been repealed but his or her service is yet to be adjusted in another organization or
service.
▲ 7C. Restriction on appointment on wages or contract : (1) After the commencement of this Act, no one shall appoint any person on wages or contract for any job to be performed by the civil employee.
(2) If any one appoints 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 office-bearer as government dues.
? 8. Appointment on recommendation of Public Service Commission : (1) Appointment to the post required to be fulfilled by open competition or internal competition ?——— shall be made on recommendation of the Public Service Commission.
(2) Notwithstanding anything contained in Sub-section (1), appointment to the post of gazetted second class or above, in the Nepal Judicial Service, which is required to be fulfilled by internal
competition ?———shall be made on recommendation of the Judicial Service Commission.
9. Appointment to the post of civil service : (1) Government of Nepal shall make appointment to the gazetted post of the civil service; and a Notification of such appointment shall be published in the Nepal Gazette.
(2) The Head of Department may make appointment to the non- gazetted post of the civil service.
(3) Notwithstanding anything contained in Sub-section (2), the Head of Office may make appointment to the non-gazetted and classless post in his/her office and subordinated office.
? 10. Disqualifications for being candidate : (1) The following persons shall not be qualified to be candidate for the post of the civil service:
(a) In the case of non-gazetted and classless post, those who have not completed the age of
Eighteen years, (b) In the case of gazetted post, those who have not completed the age of Twenty One years,
(c) In the case of male and female candidates, those who have already completed the age of Thirty
Five years and that of Forty years, respectively, Provided that,
(1) Any person who has not crossed the age of Forty years may be a candidate for such
post of the civil service ?………. as may be specified for appointment of an ex- army or police thereto.
? (2) Any person who has not crossed the age  of Forty Five years may be a candidate for
the open competition of gazetted second and first class.
(3) The age bar shall not be applicable in the case of permanent incumbent employees
of the civil service.
(d) Those who have been dismissed from service, with being disqualified for government service
in the future,
(e) Those who are non-Nepalese citizens, (f) Those who have been convicted by the court of a
criminal offence involving moral turpitude.
? (2) In the case of the female civil employee who has been temporarily appointed to any post of development side or
development project of Government of Nepal and serving continuously since at least Five years ago, the age bar shall not be applicable to her to become a candidate in the advertisement of the Public Service Commission for open competition.
? 11. 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 civil service, the concerned Ministry 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 on the basis of the requisition of the concerned Ministry.
(4) The concerned Ministry shall temporarily appoint the person recommended pursuant to Sub-section (3) for a period not exceeding six months.
(5) The concerned Ministry must give information of temporary appointment made pursuant to Sub-section (4) to the Ministry of General Administration within seven days.
(6) If any one makes temporary appointment in contravention of this Section, the salary, allowances and amounts for other facilities earned and received by the civil employee so appointed shall be realized from the appointing office-bearer as government dues.
12. Retention of lien : The civil employee shall continue to have lien over his/her post in the following circumstances:
(a) As long as he/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/she is on leave;
(d) While he/she is under suspension;
(e) While he/she is deputed by Government of Nepal on
governmental or non-governmental business or while he/she
is serving in any other post in an acting capacity.
? 13. Acting assignment : ? (1) If the post of any Head of Department or Head of Office falls vacant or the employee holding such post goes on leave for a period exceeding Fifteen days or becomes subject to
action pursuant to the prevailing law, a civil employee of the same grade or of one class lower post who has already become a potential candidate for promotion may be assigned to act in that post for a maximum period of Six months, in order to perform the functions of  that post for the time being. In cases where anyone has been so
assigned to act in any post, that person or any other person shall not be again assigned to act in that post.
(2) If any employee is assigned as acting in contravention of Sub-section (1), the salary, allowances and amounts for other facilities earned and received by such employee during his/her holding of that post shall be realized as government dues from the office-bearer assigning him/her as acting.
14. Oath : Each civil employee must, before assuming his/her office after being appointed for the first time, swear an oath as prescribed. ? 15. Posting of civil employee :

(1) The posting of a civil employee shall be made based on his/her educational qualifications, training
and experience.
Provided that, the placement in the post of gazetted first class or the Head of Department shall be made with the consent of the Ministry of General Administration. In giving such consent for the placement in such post, the Ministry of General Administration shall, in coordination with the concerned Ministry, give the consent
for the placement in the post from amongst the employees who has leadership capacity, in addition to the said matters.
(2) In posting or transferring any civil employee to the prescribed Head of Department, Head of Office or another post, Government of Nepal may make such posting or transfer after concluding a job performance agreement with the concerned office- bearer, subject to the job description corresponding to the administrative job nature of the functions attached to that post.
(3) In order to work along with the incumbent office-bearer holding the post of Secretary of special class of Government of Nepal or post equivalent thereto and the post of Head of Departme
of a central body and have hand-over and take-over of charge, a special post shall, ipso facto, be created for Fifteen days, and posting shall be made prior to the retirement of the incumbent office-bearer.
(4) Other provisions relating to posting shall be as prescribed.
? 16. Probation period : While making fresh appointment to any permanent post of the civil service, such appointment shall be made on probation for a period of Six months in the case of a female civil
employee, and one year, in the case of a male civil employee. If  his/her performance is not satisfactory during the probation period, his/her appointment may be canceled. The appointment of a civil 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, any employee who has already completed the probation period upon being once appointed permanently to a post in the civil service is appointed to another post and obtains the dispatch letters shall not be required to undergo the probation period again.
Explanation: For the purposes of proviso (3) of Clause (c) of Sub-section (1) of Section 10 and this Section, “civil Service” also includes the Parliamentary Service and the Nepal Health
Service.
17. Tenure of Chief Secretary and Secretary : The tenure of the Chief Secretary and the Secretary shall be three and Five years, respectively.
* ————-
Explanation: For purposes of this Section, the term “Secretary” means a civil employee holding any post of
special class.