Chapter 5 Salary, Allowance, Dashain Expenses and Other Facilities
27. Salary and allowance :
(1) A civil employee shall be entitled to salary and allowance from the day of assumption of his/her post.
• (1a) There shall be a salary and allowance review committee as follows, so as to review the salary, allowance and
other facilities of the civil employee:
(a) Chief Secretary of the Government of Nepal -Chairperson
(b) Secretary, Ministry of Finance -Member
(c) Secretary Ministry of General Administration -Member
• (1b) The salary and allowance review committee shall, each year, recommend to the Government of Nepal a dear allowance based on the consumer price index. The committee shall, in every three years, review the salary, allowance and other facilities, based on, inter alia, the revenue increase rate, total number of positions and the dear allowance provided based on the price index in the last three years. The committee may set other procedures on its own.
• (1c) The committee referred to in Sub-section (1a) may constitute a sub-committee as per necessity and may invite any concerned area expert and stakeholder to attend its meeting for suggestion.
• (1d) The secretariat function pursuant to Sub-section (1a) shall be carried out by the Ministry of General Administration.
? (2) The Government of Nepal shall, also based on the recommendation referred to in Sub-section (1a), each year provide the civil employee with an allowance in a sum not exceeding Seventy Five percent of the consumer price index increasing each year. In a year where the allowance so provided is in excess of Twenty Five percent or more of the basic pay scale, Twenty Five percent amount shall be adjusted in the salary scale and the rest amount provided as an allowance.
? (3) Except in the circumstances stipulated in Section 29 or 60, after the commencement of this Act, each civil employee shall be entitled to an increment in salary ? as prescribed, upon completion of one year of service. In so prescribing the increment in salary, the number of increment in salary shall be adjusted in a manner that is not less than the amount being received by the employee. In the event of withholding of increment in salary of any
civil employee, the concerned official must mention in writing on which date the increment in salary is to be sanctioned.
28. Entitlement to earned salary and allowance :
(1) Each civil employee shall receive salary ? and allowance as well, if any receivable, after completion of each month.
(2) Each civil employee shall receive his/her earned salary ? and allowance as well, if any receivable, even if he/she is relieved of the civil service for any reason whatsoever.
(3) Except as provided in this Act or the Rules framed hereunder, no salary of any civil employee shall be deducted.
(4) The salary to which any civil employee is entitled shall not be withheld during the period he/she is serving or is on leave.
• 28A. Work performance incentive fund :
(1) Government of Nepal may provide for a work performance incentive fund in order to encourage the civil employee based on work performance, work results and achieved results.
(2) The operation, management and other provisions of the fund as referred to in Sub-section (1) shall be as prescribed.
29. Crossing of efficiency bar : No civil employee shall be deemed to have crossed the efficiency bar until the Secretary at the concerned Ministry, in the case of a gazetted employee, and the Authority, in the case of a non-gazetted employee, mention in writing that such civil employee is eligible to cross the efficiency bar.
30. Salary receivable in the event of suspension :
(1) If any civil employee is suspended in connection with any governmental business or as a result of an action taken on behalf of Government of Nepal, such employee shall receive only half of his/her salary during
the period of such suspension.
Provided that, if the charge against him/her is not proved and he/she is acquitted of the charge, he/she shall receive the salary less the half salary, if any, he/she has received during the period of suspension and the full salary (including increment in salary, if any, to be made) if he/she has not received the half salary. If he/she is
convicted, he/she shall not be entitled to the remaining salary and allowances after the date of such suspension.
(2) If any civil employee is suspended for any reason other than that mentioned in Sub-section (1), he/she shall not be entitled to any salary during the period of such suspension.
31. Deposit of contribution to Employee Provident Fund : An amount at the rate of Ten per cent of the monthly salary of the civil employee shall be deducted, and Government of Nepal shall, adding the amount of One Hundred percent thereof to such amount, deposit the total amount in the Employee Provident Fund.
32. Festival expenses and other facilities :
(1)A civil employee shall receive an amount equivalent to the salary of one month being earned by him/her as the festival expenses each year to celebrate festival as per his/her religion, culture and custom.
(2) An employee who has got retired with entitlement to pension shall be provided with a sum equivalent to the pension of One month payable to him/her, as the festival expenses.
(3) The provisions relating to medical expenses, disability pension, facilities payable on grounds of deformities, extra-ordinary family pension and gratuity, educational allowances, pension, child care allowances to the offspring or other facilities shall be as prescribed.