Part -23 Public Service Commission

Part -23 Public Service Commission

Public Service Commission
242. Public Service Commission:

(1) There shall be a Public Service Commission of
Nepal, consisting of the Chairperson and four other Members.

(2) The President shall, on the recommendation of the Constitutional
Council, appoint the Chairperson and Members.

(3) At least fifty percent of the total number of Members of the Public
Service Commission shall be appointed from amongst the persons who have
worked for twenty or more in any government service, and the rest of the
Members shall be appointed from amongst the persons who hold reputation after
having done research, investigation, teaching or any other significant work in the
field of science, technology, art, literature, law, public administration, sociology or
other sphere of national life.

(4) The term of office of the Chairperson and Members of the Public
Service Commission shall be six years from the date of appointment.

(5) The Chairperson and Members appointed under clause (2) shall not
be eligible for reappointment.Provided that a Member may be appointed to the office of Chairperson, and
when a Member is so appointed as the Chairperson, his or her term of office shall
be so computed as to include his or her term as the Member.

(6) Notwithstanding anything contained in clause (4), the office of the
Chairperson or a Member of the Public Service Commission shall be vacant in any
of the following circumstances:

(a) if he or she tenders resignation in writing to the President,

(b) if he or she attains the age of sixty-five years,

(c) if a motion of impeachment is passed against him or her under
Article 101,

(d) if he or she is removed from office by the President on
recommendation of the Constitutional Council on grounds of
his or her inability to hold office and discharge the functions
due to physical or mental illness,
(e) if he or she dies.
(7) A person shall be eligible to be appointed as the Chairperson or a
member of the Public Service Commission if he or she possesses the following
qualification:
(a) holding a master’s degree from a recognized university,
(b) not being a member of any political party at the time of
appointment,
(c) having attained the age of forty five years, and
(d) being of high moral character.

(8) The remuneration and other conditions of service of the Chairperson
and the members of the Public Service Commission shall be as provided for inthe
Federal law. The remuneration and conditions of service ofthe Chairperson and the
Members of the Public Service Commission shall not, so long as they hold office,
be altered to their disadvantage.
Provided that this provision shall not apply in cases where a state of
emergency is declared because of extreme economic disarrays.

(9) A person once appointed as the Chairperson and the members of the
Public Service Commission shall not be eligible for appointment in other
government service.
Provided that nothing in this clause shall be deemed to be a bar to the
appointment to any political position or to any position which has the
responsibility of making investigations, inquiries or findings on any subject, or to
any position which has the responsibility of submitting advice, opinion or
recommendation after carrying out a study or research on any subject.

243. Functions, duties and powers of the Public Service Commission: (1) It shall be
the duty of the Public Service Commission to conduct examinations for the
selection of suitable candidates to be appointed to the positions in the Civil
Service.

Explanation: For the purposes of this Article, “positions in the Civil
Service” means all positions in the services of the Government of Nepal, other
than the positions in the services of Army personnel, Nepal Police or Armed
Police Force, Nepal and such other positions in the services as are excluded by an
Act from the Civil Service.

(2) The Public Service Commission shall conduct written examinations
to be given for appointment to the offices of the Nepal Army, Nepal Police,
Armed Police Force, Nepal, other Federal governmental services and of bodies
corporate, other than the positions in the Civil Service.
Explanation: For the purposes of this Article, “body corporate” means a
corporation, company, bank or board of which more than fifty percent or more of
the shares or assets is owned or controlled by the Government of Nepal, except a
university or Education Service Commission, or a commission, corporation,
authority, body, academy, board, centre, council and other body corporate of
similar nature established under the Federal law or formed by the Government of
Nepal.

(3) The Public Service Commission shall be consulted on the general
principles to be followed in the course of making appointment and promotion to
any position of the Nepal army, Nepal Police, Armed Police Force, Nepal and
other Federal government services.

(4) The Public Service Commission shall be consulted on the laws
relating to the conditions of service of the employees in the service of a body
corporate and on the general principles to be followed in the course of making
promotion to any position of such service and taking departmental action against
any such employee

(5) No permanent appointment to any pensionable position chargeable
on the Government of Nepal shall be made except in consultation with the Public
Service Commission.
(6) The Public Service Commission shall be consulted on the following
subjects:

(a) matters concerning the law relating to the conditions of service of
the Federal Civil Service;

(b) the principles to be followed in making appointments to,
promotions to, the Federal Civil Service or positions thereof and
taking departmental action;

(c) matters concerning the suitability of any candidate for
appointment to the Federal Civil Service position for a period of
more than six months;

(d) matters concerning the suitability of any candidate for transfer or
promotion from a position in one type of Federal Civil Service to
a position in other type of Federal Civil Service or transfer or
promotion from other government service to the Federal Civil
Service or for a change in service or transfer from a position in a
State Civil Service to a position in the Federal Civil Service or
from a position in the Federal Civil Service to a State Civil
Service,

(e) matters concerning the permanent transfer or promotion of an
employee working in any position which does not require
consultation with the Public Service Commission to any position
which requires consultation with the Public Service Commission;
and
(f) matters relating to departmental action against any employee of
the Federal Civil Service.

(7) Notwithstanding anything contained in clause (6), matters falling
within the jurisdiction of the Judicial Service Commission under Article 154 shall
be governed by that Article.

(8) The Public Service Commission may so delegate any of its
functions, duties and powers to its Chairperson or Member, an employee of the
Government of Nepal as to be exercised and complied with subject to the specified
conditions.

(9) Other functions, duties and powers and rules of procedure of the
Public Service Commission shall be as provided for in the Federal law.
244. Provisions relating to State Public Service Commission:

(1) Each State shall
have a State Public Service Commission.
(2) The functions, duties and powers of the State Public Service
Commission shall be as provided for in the State law.
(3) The Federal Parliament shall by law determine grounds and
standards for the purposes of clause (2).