Chapter 7 Conduct
41. Punctuality and regularity : Each civil employee must attend his/her office regularly during the time appointed by Government of Nepal and must not remain absent from the duty without having prior sanction of leave as far as possible.
42. Discipline and obedience :
(1) A civil employee must remain in discipline and perform his/her duties with honesty and readiness.
(2) A civil employee must expeditiously carry out any orders given by his/her superior officer on matters relating to governmental business.
(3) A civil employee must show due respect to all the employees superior to him/her and treat his/her subordinate
43. Restriction on using political or undue influence : No civil employee shall, with intention to satisfy his/her personal interests on matters relating to his/her service, exert or attempt to exert any political or other undue influence over any other civil employee.
44. Restriction on taking part in politics : No civil employee shall take part in politics.
45. Restriction on criticizing Government :
(1) No civil employee shall, on his/her real or pseudo name or anonymity, publish any feature article, provide any news to the press, broadcast a speech through radio or television etc., make any public speech or publish
any statement in such a manner as to be contrary to the policies of Government of Nepal or to undermine the mutual relationship between Government of Nepal and the people or the relationship with any foreign country.
(2) Notwithstanding anything contained in Sub-section (1), it shall not bar the publishing or broadcasting of any feature article in such a manner as not to be contrary to the prevailing law and the policies of Government of Nepal.
46. Restriction on publishing news relating to governmental business : No civil employee shall, without being authorized by Government of Nepal, provide or divulge, directly or indirectly, to any other unauthorized employee or non-governmental person or press any confidential matter which was known to him/her in the course of performing the governmental duty or any matter prohibited by law or any document or news written or collected by
him/her. This restriction shall also be applicable to a person who has been relieved of the government service for any reason whatsoever.
47. Restriction on receiving gift, present, donation etc. and borrowing :
(1) No civil employee shall, without prior approval of Government of Nepal, accept a gift, donation, present or
gratification of any kind either by him/herself or through any member of his/her family, or ask for donation or borrow any loan from any person concerned with any government business, in such a manner as to affect the government business in any manner.
(2) If any civil employee happens to receive any present from any foreign government or any representative of such foreign government, he/she must inform Government of Nepal about it and shall act accordingly as sanctioned.
48. Restriction on establishing and operating company and carrying on trade or profession : (1) No civil employee shall, without prior approval of Government of Nepal, carry out the following acts:
(a) To participate in the establishment, registration or operation of any bank or company,
(b) To carry on any trade or profession requiring registration according to the prevailing laws,
(c) To accept any kind of employment elsewhere.
(2) Notwithstanding anything contained in Sub-section (1), a civil employee may carry out any literary, scientific or artistic works in a manner not to be contrary to the policies of Government of Nepal.
49. Restriction on taking part in election : No civil employee shall take part in an election to any political post nor shall solicit vote for anyone nor shall exercise influence of any kind in the election.
Provided that, this shall not bar the exercise of his/her right to vote conferred under the prevailing laws, without revealing whom he/she has voted or intends to vote for.
50. Restriction on agitation and strike : No civil employee shall perform an agitation, participate in a strike or entice anyone to perform such acts in a manner to undermine the sovereignty and integrity of the Kingdom of Nepal, the law and order situation of the country, external relations and public decency, make contempt of court, create hatred among the peoples of various castes, tribes, religions, classes, regions and communities or aid and abet any crime.
51. Restriction on staging strike, detention and Gherao : No civil employee shall stage any strike or pen-down action and exert any pressure inflicting physical or mental suffering or entice other persons to commit such acts in a manner to cause hindrance or obstruction to any office or officer in the performance of the duties
required by law.
? 52. Restriction on making representation : No civil employee shall make representation on behalf of any person or group, except for making petition to the concerned body or official either by him/herself or through his/her attorney in respect of any grievance caused to him/her.
Provided that, nothing in this Section shall be deemed to bar the carrying out of any work regarding post responsibility of civil employee and representation on behalf of the authentic trade union of the civil employees formed pursuant to Sub-section (3) of Section 53.
? 53. Provision relating to professional organization of civil employees :
(1) The civil employees may form an organization under the provisions of this Act.
(2) The following provisions shall be complied with while forming the trade union pursuant to Sub-section (1).
(a) The employees of gazetted third class or lower than that except the gazetted class employees who work as the head of the office, may form a trade union of civil employees at the national level and receiv membership for their professional entitlement and welfare.
(b) The registration of the trade union of civil employees shall be made in the Department of
Labour and Employement Promotion.
(3) The authentic trade union of civil employees shall be formed as follows:
(a) The member of the trade union of civil employees as formed pursuant to Sub-section (1)
may form authentic trade union of civil employees with appointing officials.
(b) The authentic trade union of civil employees shall have the right to submit own professional
demands and conduct social dialogue and collective bargaining at the concerned institution
at the district, departmental and national levels.
In the case of not forming the authentic trade union of civil employees, the trade union of civil
employees formed pursuant to Sub-section (1) may conduct collective bargaining with mutual
consent of each other.
(c) The other provisions relating to authentic trade union of civil employees shall be as prescribed.
(4) The functions, duties and powers of the trade union of civil employees shall be as follows:
(a) The duties of the trade union of civil employees formed pursuant to sub-sections (1) and (3) are
to provide suggestion and assistance to the Government of Nepal about effective and dynamic civil service while taking account of the protection and promotion of employees’ right and interest.
(b) The trade union of civil employees may conduct creative and artistic work along with asembly,
training and symposim.
(c) The trade union of civil employees shall have the right to form association, receive
membership of such association, receive membership of an international association and
represent on behalf of the association.
(5) The Government of Nepal may take suggestions from the authentic trade union of civil employees while making law relating to civil service.
(6) The competent authority shall have to manage the transfer of the officials of the authentic trade union of civil employees and national level trade unions formed pursuant to Sub-sections (1) and
(3) on their demand to their appropriate working area.
(7) The tour up to thirty days in one year may provide to the central officials and members of the national level trade union formed pursuant to Sub-sections (1) and (3) to participate a seminar,
workshop, assembly, work related with the organization at the domestic and international level without causing financial obligation to the Government of Nepal .
(8) The other provisions of registration, condition thereon and process relating to trade union of civil employees shall be as prescribed.
54. Statement of property : Each civil employee must submit a
statement of his/her property.
• 54A. Prohibition on torture : (1) No civil employee shall subject any
one to torture.
(2) No civil employee shall commit sexual abuse.
• 54B. Other conduct : (1) In discharging duties in his/her office, a civil
employee must treat all in a decent manner.
(2) The civil employee must bear the responsibilities which
may arise according to his/her office and post and perform works in
an impartial, fair, efficient and prompt manner.
(3) The civil employee must not use or consume any
government property for domestic use.
(4) The civil employee must not depute any government
employee, appointed as to get salary by the government service to
domestic work except office work.
• 54C. Treatment to stakeholders : (1) The civil employee must accord
decent treatment to the stakeholders related with his/her works.
(2) A clear information, inter alia, on the matters and process
related with the work of the stakeholders and the time required to
perform the work must be given to the stakeholders in due time.
55. To keep conduct compatible with own service and post : Each civil employee must also keep his/her conduct compatible with his/her service and post.
▲ 55A. Powers to warn : If any civil employee is not punctual, does not carry out the order given by the employee superior to him/her on matters relating to any government business or becomes reckless or slow on office works, the concerned supervisor may give a warning to such an employee, with setting out the reason therefor; and records thereof must be maintained in the sheet roll/personal details file of the concerned employee.