Chapter 10 Miscellaneous
71. Leave to which civil employee is entitled : The civil 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) Maternity Care Leave;
(e) Obsequies Leave;
(f) Study Leave;
(g) Extra-ordinary Leave;
• 71A. Unpaid Leave :
(1) If the husband or wife of any civil employee is deputed to the foreign based Nepalese Embassy or mission, such
civil employee shall get unpaid leave as prescribed.
(2) The unpaid leave pursuant to Sub-section (1) shall not be counted in the period of service.
72. Delegation of powers :
? (1) Government of Nepal may, by a Notification in the Nepal Gazette, so delegate the powers conferred
to it by this Act that such powers may be exercised by the civil employee or official specified in that Notification.
Provided that, no powers conferred by this Act may be delegated by any Act, other than this Act..
(2) Any official may so delegate the powers conferred to him/her by this Act to his/her subordinate civil employee that such powers are to be exercised under her/his general supervision.
▲ 72A. 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 civil employees in service in different bodies of the Government of Nepal 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 civil employee, it may also recommend such action; and it shall submit an annual report thereof to the Government of Nepal.
? 73. Full salary and allowance to be received on being reinstated in civil service :
(1) If any civil employee is re-instated in the civil service upon annulment by the court of the order of his/her
retirement, removal or dismissal from civil service, such employee shall be entitled to the salary, allowances, • Festival expenses as well as increment in salary, if any, receivable, from the date of his/her retirement, removal or dismissal from civil service to the date of his/her re-instatement in the civil service.
(2) If any civil employee who was retired or removed or dismissed from civil service prior to 4th Jestha of the year 2050 (17 May 1993) is reinstated in the civil service by a court order issued after that date, such employee shall also be entitled to the salary, allowance and increment in salary pursuant to Sub-section (1).
• 73A. Provisions relating to disadvantage, grievance of civil employees and handling thereof : (1) Except in cases where a civil employee may file a complaint or appeal elsewhere pursuant to this Act and the prevailing law, if the civil employee thinks that he/she has suffered disadvantage in the service, conditions and facilities provided under this Act and the rules framed hereunder and in any matter concerning the employee or if no action has been
taken even after informing the concerned body about the same, such employee may present, as prescribed, the disadvantage and grievance which he/she has suffered to the prescribed body.
(2) Other provisions relating to disadvantage, grievance of civil employees and handling thereof shall be as prescribed.
• 73B Establishment and operation of employee welfare fund : (1) There may be established as prescribed a welfare fund for the welfare of working civil employees, retired persons and their family members.
(2) The operation and management of the fund established pursuant to Sub-section (1) shall be as prescribed.
• 73C. Provision relating to employee to Royal Palace Service : (1) The employee working in Royal Palace Service at the time of commencement of this Act, shall be administered and managed by a separate regulation.
(2) The Royal Palace Service Act, 2029 and Rules made thereunder are hereby repealed.
74. Handing over charge : Any civil 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.
75. Power to frame rules : Government of Nepal may, in order to implement the objectives of this Act, frame rules to be generally applicable to all the civil services or to be severally applicable to
different services or groups.
76. Repeal and saving :
(1) The Civil Service Act, 2013 (1957) in hereby repealed.
(2) All the acts done and actions taken pursuant to the Civil Service Act, 2013 (1957) and the rules framed thereunder shall be deemed to have been done and taken under this Act.
Note: 1. An Act made to Amend Some Nepal Laws, 2063 has changed the words “His Majesty’s Government into
“Government of Nepal” instead of.”
2. Sections 64 and 65 of the Civil Service (Second Amendment) Act, 2064 shall be as follows.
64. To maintain ipso facto in the changed service : The service of the employees and officers working and
being maintained in the Auditor General Office as per Section 9 of the Audit Act, 2048 at the commencement of
this Act shall be ipso facto maintained in the service pursuant to Clause (e1) of Section 3 and those officers and
employees shall ipso facto be changed in the same class.
65. Repeal and saving :
(1) Section 9 of the Audit Act, 2048 has been repealed. (2) All acts preformed or actions taken from the
17 th Aashad of the year 2063 to the earlier date of the commencement of this Act shall be deemed to have
been performed or taken under this Act.
(3) The prevailing provisions before of 30 th Aashad of the year 2062 shall continue to apply until
the provisions relating to promotion on ground of work efficiency commence