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Chapter 4 Transfer and Promotion

Chapter 4 Transfer and Promotion
18. Power to make transfer :

(1) The civil employees shall be transferred as per Sub-section (3) in order to provide them, inter alia, with experience of different geographical regions of the   The proviso Omitted by the First Amendment.
country; and the Authority shall have the powers to make such transfer.
Provided that,
(a) The Ministry of General Administration shall transfer the civil employees of one Ministry or
Departments or Offices thereunder to another Ministry or Departments or Offices thereunder.
(b) The Office of Financial Comptroller General shall make transfer of the employees of the
accounts group under the administrative service.
(2) Notwithstanding anything contained elsewhere in this Section, Government of Nepal shall make transfer or posting of the gazetted special class employees, on recommendation of the committee chaired by the Minister for General Administration, and comprising the Chief Secretary of Government of Nepal and the
Secretary at the Ministry of General Administration as its members.
In cases where recommendation is to be made also for the transfer of the Secretary at the Ministry of General Administration, the Secretary at the Office of the Prime Minister and Council of Ministers shall, instead of the Secretary at the Ministry of General Administration, take part at the meeting of that committee as its
member.
(3) While transferring the civil employee, other than the civil employee who is holding the post rendering expert service and there is no post and office relating to his/her service, group or sub-group any where else at the local level and the special class and gazetted first class employee, the concerned Authority must make transfer
generally once a year, specifying the period in the transfer letter as follows, in accordance with the time schedule as prescribed:
(a) Transfer of an employee who has already served in an office in the geographical region of class
“a” and “b” for a period of at least one and half year to an office in the geographical region of
class “c” and “d” for at least two years,
(b) Transfer of an employee who has already served in an office in the geographical region of class
“b” and “c” for a period of at least two years to an office in the geographical region of class “a”
and “b” for at least two years,
Explanation: For purposes of this Sub-section, “One year” means a period of continuous
attendance of at least Two Hundred Thirty Three days.
(4) Notwithstanding anything contained in Sub-section (3), in the following circumstances, a civil employee may, prior to the expiration of the period specified in his/her transfer letter, be transferred, with the consent of the Ministry of General Administration:
(a) Where the medical board prescribed by Government of Nepal recommends that any civil employee in service in any place has been disabled and his/her treatment cannot be done in that place,
(b) Where special responsibility is to be assigned to any civil employee,
(c) Where departmental action is to be taken against any civil employee,
(d) Where it is not appropriate to keep on any civil employee in the office where he/she is serving,
(e) Where, because of the reduction in any position of the civil service, an employee serving in that
position becomes redundant (Phajil) and there is no situation where that employee can be adjusted
even in any other office in the same District,

(f) Where non-gazetted and classless civil employees are to be transferred to such place as
is convenient to their abode or adjacent thereto.
(5) While making transfer pursuant to Sub-section (2), the civil employee spouses, if both of them are in the government service, shall, to the extent of availability of vacant posts, be sent to the same District.
(6) In cases where there is no office in the geographical region pursuant to Sub-section (3) whereto transfer is to be made respectively or there is no office with a post of the concerned service, group or sub-group or the employee serving the post of the office in the geographical region whereto transfer is to be made has
not completed the prescribed service period, transfer may be made to an office in the geographical region whereto the employee has to be transferred thereafter.
(7) Notwithstanding anything contained elsewhere in this Section, no non-gazetted and classless civil employee to be
appointed after the commencement of this Sub-section shall be transferred to elsewhere until ten years, other than the offices within the same Zone for which he/she has been recommended by the Public Service Commission.
(8) If any civil employee is transferred prior to the expiry of the period as referred to in this Section owing to any circumstance other than that where departmental action has to be taken, such amount as prescribed shall be provided to such a civil employee to make arrangements in the new place except the condition of Clause
(c) of Sub-section (4).
Provided that, in cases where any employee is transferred at his/her own request or transferred to any institution within the Kathmandu Valley or to any office within the District headquarters
of the same District, such an amount shall not be provided.
(9) Notwithstanding anything contained elsewhere in this Section, in cases where any employee who is on study leave or is under ipso facto suspension or is on leave for a period exceeding Six months or is deputed elsewhere for a period exceeding Three months or deputed for special works or deputed for any special project
implementation has a lien in a District level office, his/her lien shall be shifted to a central level body in the special post, with the consent of the Ministry of General Administration.
(10) Notwithstanding anything contained in Sub-clause (a) and (c) of Sub-section (3), the Ministry of General Administration may transfer a civil employee of any Ministry and Department or
Office thereunder to any other Ministry and Department or Office thereunder.
(11) Notwithstanding anything contained elsewhere in this Section, the non-gazetted or classless employee shall not be transferred without completion of the duration specified in this Section except where departmental action is to be taken or a recommendation is made by the medical board on the ground of health or an application is made by the employee himself/herself.

(12) The Authority shall take departmental action against the office-bearer who makes transfer in contravention of this Section; and the Ministry of General Administration may cancel such transfer.
(13) Other provisions relating to transfer shall be as
prescribed.
▲ 18A. Provisions relating to deputation :

(1) A civil employee may be deputed to another place from the Ministry, Secretariat, Commission, Department or Office where he/she is serving only on the business of that body. Such deputation shall not be made for a period exceeding three months a year.
Provided that, deputation may be made on a training, symposium etc. for a period more than that.
? (2) While deputing any civil employee to a body which has no post of the civil service and to an approved temporary position or while withdrawing deputation prior to the expiry of the deputation
period, the consent of the Ministry of General Administration must be obtained. The period of such deputation shall not exceed One year at a time.
Provided that, the consent of the Ministry of General Administration is not required for the deputation of the non-gazetted employee.
• (2a) If any employee has to be deputed on works such as election, population census, survey and mining and on a commission of permanent nature for up to One year at a time, the concerned office shall obtain the consent of the concerned body and the Ministry of General Administration.
• (2b) Notwithstanding anything contained elsewhere in this Act, no employee serving in the post of the Head of Department or Head of Office of any office shall be deputed to any other project or body by having the employee’s lien over that post.
• (2c) Notwithstanding anything contained elsewhere in this Section, the Ministry of General Administration may depute the employee whose lien is in the additional group of the Ministry of General Administration to serve in any body, similar to his or her service or group, and the Ministry of General Administration may, with the consent of the employee serving institution and the institution receiving the employee on deputation, make inter-
departmental deputation of such an employee, for a term not exceeding Three months, in order to obtain the expert service of any civil employee.
(3) If any civil employee is deputed in contravention of ? Sub- sections (1), (2) and (2a), the salary, allowances and the amounts for other facilities earned and received by that civil employee so deputed during that period shall be realized from the deputing office-bearer as government dues, and • departmental action shall be
taken against such office-bearer.
• (4) Notwithstanding anything contained in this Section, at the time of transfer of the District level offices to the Local Bodies, Government of Nepal may depute the civil employees serving in such District level offices.
• (5) The lien of the employee deputed pursuant to Sub-section (4) shall be in the Ministry operating the employee’s service, group or sub-group. •

(6) The employees deputed pursuant to Sub-section (4) may be eligible to be candidates for promotion to their respective previous service, group or sub-group and if such employees are non-
gazetted employees, they may be eligible to be potential candidates for promotion to be made in the districts where they are serving.
• (7) Other provisions relating to deputation shall be as  prescribed.
? 18B. Restriction on holding without entrusting responsibility : (1) No civil employee shall be held without entrusting to him/her the responsibility attached to his/her post for a period exceeding two months, except in the following circumstances:
(a) Where he/she is on a long leave,

(b) Where he/she is suspended, (c) Where he/she is to be retained on the lien post
owing to his/her deputation elsewhere,
(2) If any civil employee is held without entrusting to him/her the responsibility attached to his/her post in contravention of Sub-section (1), departmental action shall be taken against the office-bearer who is obliged to entrust the responsibility to, such employee and have him/her perform such responsibility.

▲ 18C. Acts to be completed in time :

(1) The concerned body must complete the act of making adjustment required to be made under
this Act on appointment, transfer, deputation and acting after the commencement of this Act within two months and give information thereof to the Ministry of General Administration.
(2) If the concerned body fails to carry out that act within the period of time referred to in Sub-section (1), the Ministry of General Administration shall carry out it immediately.

• 18D.Additional group : (1) Notwithstanding anything contained elsewhere in this Act, there shall be an additional group in the Ministry of General Administration.
(2) The lien of the civil employees being redundant (Phajil) in any office of Government of Nepal shall remain in the group as referred to in Sub-section (1).
(3) While holding any civil employee in the additional group for a period exceeding Two months, such civil employee shall be so held in a manner not to be contrary to Section 18B.
(4) Other provisions relating to the additional group shall be as prescribed.

• 18E.Maintenance of records of punishment imposed on civil employees : (1) The Ministry of General Administration and the concerned body must maintain the records of punishment imposed
on the civil employees.
(2) The records maintained in accordance with Sub-section (1) must be taken as the ground while posting as the Head of Department, promoting, designating as acting, assigning the responsibility attached to the post of head of any body, making performance evaluation and providing the civil service prize and other career development opportunity, during the following period:
(a) In the event of censure, during the period of One year from the date of censure,
(b) In the event of suspension, during that period,
(c) In the event of withholding of promotion, during the period of such withholding,
(d) In the event of withholding of salary increment, during the period of such withholding.

• 18F. Leadership evaluation : Provisions relating to the evaluation of leadership of the civil employee of gazetted first class or above shall be as prescribed.

? 19. Promotion :

(1) While making promotion to the gazetted post of the other civil services, except the gazetted post of Nepal Judicial
Service, it shall be made on the recommendation of the promotion committee as referred to in Section 20.
(2) Notwithstanding anything contained elsewhere in this Act, promotion to the post of gazetted special class shall be made as follows:
(a) Government of Nepal shall, while making promotion to the post of Chief Secretary of the gazetted special class, make promotion by making selection on the basis of seniority and work efficiency from amongst the  ncumbent Secretaries.
? (b) The promotion committee shall, to the extent of availability, recommend those candidates who
have secured the highest marks on the work performance evaluation, from amongst the potential candidates, in a number that is three times higher than the number of vacant posts, for promotion to the vacant posts of Secretary of gazetted special class or equivalent thereto; and Government of Nepal shall promote such candidate, from amongst the candidates so recommended, as it may hold appropriate on the basis of leadership capacity and work efficiency.
• (c) In order for any gazetted first class employee to be a potential candidate for the post of Secretary
or special class post equivalent thereto, such employee must also have passed such a high level management training as prescribed by Government of Nepal.
Provided that, this provision shall not be applicable to any promotion to be made within one year after the commencement of this Section.
• (d) In counting the work performance evaluation pursuant to Clause (b) for the promotion to the
special class, the work performance evaluation of such years of minimum service period as
required for promotion shall be counted.
Provided that, while making promotion within the last day of the month of Kartik of the
year 2064 after the commencement of this Section, promotion shall be made on the basis of
the work performance evaluation of the last Three years in the case of women,
Aadibashi/Janjati, Madhesi, Dalit, disabled employees and employees permanently residing
in backward region and that of the last Four years in the case of the other employees.
• (e)
Action for promotion shall be carried out twice in a year, One within the month of Poush and the
other within the month of Ashad month, each year.

20. Promotion committee :

(1) There shall be a promotion committee as follows to make recommendation for promotion to the other
gazetted post of the civil service, except for promotion to the ▲ gazetted post of Nepal Judicial Service and for promotion from the non-gazetted post to the gazetted post:
(a) Chairperson of the Public Service Commission or Member of the Public Service Commission designated by him/her – Chairperson
(b) Member of the Public Service Commission designated by the
Chairperson of the Public Service Commission – Member
(c) Chief Secretary – Member
(d) Expert in the concerned subject nominated by the Public Service
Commission – Member
(e) Secretary at the Ministry of General Administration – Member secretary
• (1a) There shall be a promotion committee as follows, to make recommendation for promotion to the gazetted third class from the non-gazette first class:
(a) Member of the Public Service Commission designated by the
Chairperson of the Public Service Commission – Chairperson
(b) Secretary at the Public Service Commission – Member
(c) Secretary at the Ministry of General Administration – Member
(d) Expert in the concerned subject nominated by the Chairperson of the
Public Service Commission – Member
(e) Secretary at the Ministry relating to Service, Group or Sub-group or
Gazetted First Class Officer designated by him/her – Member-Secretary
• (1b) The secretariat of the promotion committee referred to in Sub-section (1a) shall be at the Ministry operating the service, group or sub-group.
(2) There shall be a promotion committee, as prescribed, to make recommendation for promotion to the non-gazetted post of the civil service.
(3) The procedures to be followed by the promotion committee to make recommendation for promotion of the civil
employees shall be as prescribed.
? (4) The promotion committee must, while publishing a promotion name list, also publish the marks obtained by the potential candidates who have filled up the forms for promotion.
• (4a) The promotion committee shall publish the results of promotion within four months from the last date of submission of application forms.
▲ (5) The promotion committee must prepare an annual plan of operations and carry out its functions as per that plan.
▲ 20A.Special provisions relating to promotion :

(1) Notwithstanding anything contained elsewhere in this Act, if any civil employee of the gazetted ? first class or below than that holding the same post for at least Fifteen years has One month left to get retirement pursuant
to Section 33, such employee shall be promoted to one ? class higher post.
(2) Notwithstanding anything contained elsewhere in this Act, if any civil employee of the gazetted ? first class or below than that holding the same post for at least Fifteen years intends to have voluntary retirement pursuant to Section 35 and makes an application therefor, such employee shall be granted retirement by
promoting him/her to One ? class higher post.
(3) A special post shall ipso facto be created to make promotion pursuant to Sub-section (1) or (2) and that post shall ipso facto lapse upon the retirement of such a civil employee from service.
• (4) Notwithstanding anything contained elsewhere in this Section, an employee who dies after the completing the period as referred to in this Section in the same post, the pension and other facilities payable to one level higher post shall be provided to the family of such an employee.
• (5) Notwithstanding anything contained elsewhere in this Section, any employees of gazetted first and second class holding the same post for at least fifteen years wish to take retirement with promotion, such employees shall be granted retirement by promoting them to one class higher post.

? 21. Minimum service period and educational qualifications required to be candidate for promotion : ? (1) In order to be a candidate for promotion, one must possess the educational qualifications as prescribed for the post that is One class below the class of the post to which promotion is made and have completed the minimum service period as follows:
(a) Three years for a non-gazetted post,
(b) Five years for a gazetted post.
(2) Notwithstanding anything contained in Sub-section (1), even though any • women, Adiwasi/Janjati, Madhesi, Dalit, Disable and permanently residing in the backward area civil employee has a service period that is the above-mentioned service period less one year, she shall be a potential candidate for promotion.

22. Ineligibility for being potential candidate for promotion :
Notwithstanding anything contained in Section 21, a civil employee shall not be eligible to be a potential candidate for promotion in the following circumstances and during the following period:
(a) In the event of suspension, during the period of suspension, (b) In the event of withholding of promotion, during the period of withholding,
(c) In the event of withholding of increment in salary, during the period of withholding,
• (d) During the period of five years after the date of change in the service or group in the case of an employee who has so changed the service or group pursuant to Section 26 and after the change in the service or group in the case of an employee who has got such a change upon an application made by himself/herself.

▲ 22A. Withholding and sanction of promotional appointment : If any civil employee is suspended or his/her appointment or salary increment is withheld after he/she has been recommended for promotion but before he/she gets promotional appointment, his/her promotional appointment shall then be withheld during the said
period; and in the event of his/her acquittal of the suspension or after the expire of the period of withholding, he/she shall be granted appointment and only seniority shall be maintained as if he/she were not suspended or his/her promotion or salary increment were not withheld.
23.
♣ … … … …

24. Criteria for promotion on ground of work efficiency :

(1) The promotion committee shall recommend a civil employee for promotion based on the total marks secured for the work efficiency.
(2) In evaluating the work efficiency of the civil employee, a maximum of 100 marks shall be granted as follows:
(a) For work performance evaluation -Forty marks
(b) For seniority – Thirty marks
(c) For educational qualifications – Twelve marks
(d) For service in geographical region
-Sixteen marks
(e) For training – Two marks
(3) In calculating the marks for the work performance evaluation of a potential candidate, the marks shall be calculated based on the last day of Ashad, and in calculating the other marks, the marks secured by the deadline for making application for promotion shall be calculated.

▲ 24A. Evaluation of work performance :

(1) The work performance evaluation form as prescribed shall be used to evaluate the work
performance of civil employee.
(2) The distribution of the total marks for the work performance evaluation of civil employee shall be as follows:
(a) Maximum marks that may be granted by the supervisor -Twenty five
(b) Maximum marks that may be granted by the reviewer -Ten marks
(c) Maximum marks that may be granted by the review committee -Five marks
(3) The supervisor, reviewer and review committee must, while granting marks for the work performance of a civil employee, grant marks in accord with the criteria mentioned in this Section and in the work performance evaluation form.
? (4) The work performance evaluation of the gazetted civil employee shall be carried out on a semi-annual (half yearly) and annual basis and that of the non-gazetted employee on an ann al basis.
? (5) In carrying out the work performance evaluation on a semi-annual basis pursuant to Sub-section (4), the concerned gazetted employee must fill up the form in duplicate in the prescribed format, indicating the specified functions, discharged functions, functions which could not be completed and reasons for the same and submit it to the supervisor within Seven days after the expiry of that period. The supervisor must evaluate the form so
submitted, mention feedbacks to be provided in the specified space of the form and return a copy to the concerned employee within another Seven days. The annual work performance evaluation form must be evaluated based on every work performance evaluation form filled up on a semi-annual basis. The Authority may take
departmental action against the employee who fails to fill up the semi-annual work performance evaluation form in the specified time and against the supervisor who fails to examine it and provide feedbacks.
? (6) In respect of the work performance evaluation to be carried out on an annual basis, the concerned Head of Office and Head of Department must, in the case of the non-gazetted and classless employee, carry out or cause to be carried out evaluation within the specified period, prepare it in triplicate, send a copy each
to the Public Service Commission and the promotion committee secretariat and retain the other copy in the concerned office. In the case of gazetted civil employee, the Secretary at the concerned
Ministry, Secretariat, Commission or central body must carry out, or cause to be carried out, evaluation within the specified period, prepare it in triplicate, send a copy each to the Public Service
Commission and the promotion committee secretariat and retain the other copy in the concerned Ministry, Secretariat, Commission or central body. Each body carrying out work performance evaluation
must publish a notice, also containing a name list sent to the body to which it has to submit the form evaluated by it within the prescribed period, on the notice board of its office within seven days.
• (6a) Each civil employee must fill up his/her work performance evaluation form and register it with the concerned
office within the prescribed period of time. If the concerned employee fails to register it within such period of time and makes an application, accompanied by reasonable reasons therefor, for the extension of time limit, the supervisor may, if he/she thinks the reasons mentioned in the application to be reasonable, extend the
time limit for a period not exceeding fifteen days after the date of expiry of the prescribed period of time. The promotion committee shall subtract one mark from the total marks for the work performance evaluation form registered within the extension time of that fiscal year.
Provided that, if any employee has to go for a foreign training, workshop or study tour during the period of filling up the work performance evaluation form, the employee has to fill up the work performance evaluation form and register it with the concerned office prior to make such departure. The work
performance evaluation form so registered shall be evaluated as if it were registered with the specified time.
• (6b) Departmental action shall be taken against the office- bearer who does not evaluate, within the prescribed period of time, the work performance evaluation form filled and registered by the
civil employee in time.
• (6c) If, after the review committee has carried out the annual work performance evaluation to be carried out each year, the concerned employee makes an application for information of the total marks of work performance evaluation that he/she has secured in that year, the review committee secretariat must give such
information.
Provided that, information of the marks given by the review committee shall not be given.
• (6d) After receiving information pursuant to Sub-section (6c), if any employee is not satisfied with the evaluation made by the supervisor or reviewer may make a complaint, accompanied by the solid ground and reason for such dissatisfaction, to the prescribed authority within seven days. Where a complaint is so
made, such authority shall conduct necessary investigation, in consultation with the concerned supervisor and reviewer, and may, if so required, amend, as prescribed, the marks obtained in such an
evaluation form.

(7) If the supervisor or the reviewer grants more than Ninety
Five per cent or less than Seventy Five per cent marks for the work
performance evaluation to be carried out annually, he/she must set
out clear reasons therefor; and where he/she grants less than Seventy
Five per cent marks, he/she must inform the concerned employee
thereof and submit it to the review committee, along with the
reactions, if any, made by such employee. The review committee
may, if it is not satisfied with the evaluation of the work
performance carried out by the supervisor or the reviewer or by
both, return it, also setting out the clear reasons therefor. In cases
where it is so returned, the concerned evaluator must reevaluate it or
set out justifiable reasons why it is not necessary to amend the
evaluation carried out previously and forward it accordingly.
(8) While calculating marks for purposes of work
performance evaluation, the marks shall be calculated on the basis
of the average figure of the work performance evaluation form of
such last year as the service for which is required to become a
potential candidate for promotion.
Provided that:
? (1) Marks due for the work performance evaluation
for the period of training and study undergone or
of the period of suspension where the suspension
of an employee has been released shall be
granted in proportion of the marks secured in the
year immediately preceding the departure for
such study or training or preceding such
suspension.
? (2) The potential candidacy shall be calculated only
by deducting the period of extra-ordinary leave
undergone; and the work performance evaluation
form shall not be filled up for the period of such
leave. The work performance evaluation of the
subsequent period shall be calculated after
deducting the period of extra-ordinary leave
undergone, for the service period of such years
as required to be a potential candidate for
promotion.
(9) ? —————–
(10) Other provisions relating to the work performance
evaluation shall be as prescribed.
? 24B. Evaluation of seniority : While granting to the civil employee
marks for seniority, a maximum of thirty marks shall be granted as
follows:
(a) At the rate of 3.75 marks for each year of service in the post
of non-gazetted third and second class,
(b) At the rate of 3 marks for each year of service in the post of
non-gazetted first class,
(c) At the rate of 2.5 marks for each year of service in the post of
gazetted third and second class.
Provided that-
(1) While calculating marks for seniority, marks
shall be calculated on a proportional basis for a
period of more than One year by a few months
or days.
(2) For purposes of this Clause, no marks shall be
granted for the period of absence or extra-
ordinary leave undergone.
? 24C. Categorization of geographical regions : (1) While granting
marks to the civil employee for his/her experience of work in
different geographical regions, the different geographical regions of
the country shall be classified into four categories viz. ‘a’, ‘b’, ‘c’ and
‘d’, respectively, and marks shall be granted as follows not in excess
of Sixteen marks for the work experience in one or more categories
thereof:
(a) For the post of non-gazetted third and second
class-
(1) At the rate of 4 marks for each year of
service in category ‘a’,
(2) At the rate of 3.25 marks for each year of
service in category ‘b’,
(3) At the rate of 2.50 marks for each year of
service in category ‘c’,
(4) At the rate of 2 mark for each year of
service in category ‘d’.
(b) For the post of non gazetted first class-
(1) At the rate of 4 marks for each year of
service in category ‘a’,
(2) At the rate of 3.25 marks for each year of
service in category ‘b’,
(3) At the rate of 2.50 marks for each year of
service in category ‘c’,
(4) At the rate of 1.50 mark for each year of
service in category ‘d’.
(c) For the post of gazetted third and second class-
(1) At the rate of 4 marks for each year of
service in category ‘a’,
(2) At the rate of 3.25 marks for each year of
service in category ‘b’,
(3) At the rate of 2.50 marks for each year of
service in category ‘c’,
(4) At the rate of 1.25 mark for each year of
service in category ‘d’.
(2) Notwithstanding anything contained in Sub-section (1),
the marks already secured by any civil employee for geographical
region at the time of commencement of this Section shall not
decrease.
(3) For purposes of Sub-section (1), the description of
different geographical regions shall be as prescribed.
(4) No marks of any one geographical region shall be granted
unless and until any employee makes continuous office attendance
for at least Two Hundred Thirty Three days in that region. For a
period more than Two Hundred Thirty Three days, marks of the
same geographical region shall be granted pro rata; and marks
equivalent to that of category ‘d’ shall be granted for a period less
than that irrespective of the geographical region where the employee
has served. The marks obtainable for the service in geographical
region shall be calculated only if the marks have been obtained in
the post that is one class lower than the class to which promotion is
to be made.
(5) The marks equivalent to that of category ‘d’ shall be
granted to the civil employee who serves in a Nepalese Diplomatic
Mission or any other office situated aboard and who goes on
deputation for a study leave or foreign training.
▲ 24D.Evaluation of educational qualifications and training : ? (1)
While granting marks to the civil employees for educational
qualifications, a lump sum of twelve marks shall be granted for the
minimum educational qualifications required to join any post of the
civil service and additional educational degree, which is higher than
the minimum educational qualifications and in a subject related with
the service, group or sub-group. Both marks shall be granted even if
the employee has obtained only the education qualification that is
higher then the minimum required educational qualification.
Number
Educational Qualification (Title)
First
class
Second
class
Third
class
(a) For the Minimum educational
qualification as required for the
entry of service
9 8.75 8.50
(b) For the any one additional
educational qualification or the
3 2.75 2.50
concerned subject higher than
the minimum educational
qualification for the entry into
service.
(2) ? ———-
? (3) Except the minimum educational qualification prescribed for the posts of the gazette second and first classes, to be filled up through open competition pursuant to Clauses (f) and (g) of Sub- section (1) of Section 7, the minimum educational qualification prescribed for the entry into the gazette third class service shall be deemed to be the minimum educational qualification also for the promotion to the posts higher than gazetted second class.
(4) ? ———-
? (5) For the in-service training, 2 marks, 1.75 marks and 1.5 marks shall be granted for the first, second and third division, respectively.
(6) While granting marks to the civil employee for training, marks shall be granted for an in-service training of a period of one month or more, in a subject related with the service. In calculating
marks for the training, the marks shall be calculated only for that class while in which class he/she has been nominated for the training.
• Explanation: One month training shall mean a training of a period of thirty working days or more.
(7) The civil employee shall submit certified copies of the educational qualifications and the in-service training. No marks shall be granted therefor if he/she fails to submit them.
• (8) Whether the educational qualification submitted by a civil employee along with the application for the purpose of promotion is related with the service, group and sub-group or not shall be as decided by the equivalency determination committee as prescribed. If the equivalency of the educational qualification
submitted along with the application for the purpose of promotion is made prior to a date before the holding of the meeting of the promotion committee, the marks of such educational qualification shall be counted for promotion.
• (9) Provisions relating to training institutions and training standards shall be as prescribed by Ministry of General Administration, in coordination with the Ministry operating the service, group and sub-group.
• 24D1.Special provision of promotion by evaluation of work performance and experience : (1) Notwithstanding anything contained elsewhere in this Act, the civil employee shall be promoted up to one class, upon having completed the following service period in the following class, and obtained the above
educational qualification than prescribed educational qualification at the earlier time of entry or group division or after the entry or group division:
(a) Non-gazetted Second Class – Ten years
(b) Non-gazetted First Class – Twelve years
(c) Gazetted Third Class – Fifteen years
(d) Gazetted Second Class – Eighteen years
(2) Notwithstanding anything contained in Sub-section (1) , those civil employees shall be promoted up to one class upon having completed the service period of Eighteen, Fifteen and Thirteen years
or more in the permanent post of the same class of gazetted third class, non-gazetted second class and having the educational qualification and obtained the minimum educational qualification of the prescribed subject at the time of entry of service or group division of the concerned service, group or sub-group.
(3) The following conditions shall have to be fulfilled for the promotion pursuant to sub-sections (1) and (2)
(a) Not being subject to action pursuant to Section 22;
(b) Having obtained the marks average of ninety percent or more in the performance education of
last three years.
(4) There shall be a promotion committee as follows to make recommendation for promotion pursuant to sub-sections (1) and (2) except the post of gazetted post of Nepal Judicial Service, and the
promotion of gazetted post of Nepal Judicial Service shall be conducted by the Judicial Commission.
(a) Member of the Public Service Commission designated by the chairperson of the Public
Service Commission – Chairperson

(b) Secretary at the Ministry or Institution where the
employee is working – Member
(c) Secretary at the Ministry of General Administration or
gazetted first class officer of the ministry designated by
him/her – Member
Explanation: The Secretary of the Office of the Prime Minister and Council of Ministers will be the member in a
condition of the promotion of the employee of Ministry of General Administration.
(5) The promotion Committee Secretariat pursuant to Sub- section (4) shall be at the Ministry or Institution where the employee
worked as candidate for the promotion.
(6) The special post of concerned service, group, sub-group of above class ipso facto at the employee working office for the promotion pursuant to Sub-section (1) or (2) and the Civil Employee Record Office shall register of such post from the date of the commencement of promotion after the concerned institution provide
promotion.
(7) The position shall ipso facto lapse if the employee is promoted, pursuant to Sub-section (6), gets retirement by any reason or is promoted to above post or adjusted to the registered post and the post shall ipso facto be settled as the earlier post before the post of his/her promotion, and the Civil Employees Record Office shall
maintain the records of such post accordingly.
(8) The civil employee promoted for the special post pursuant to Sub-section (6) shall have to conduct work of the post where he/she work before the promotion except in the case of adjustment pursuant to Sub-section (7).
Provided that, the seniority of the employee promoted as per this Section shall be counted as promoted post and shall eligible for the competition of the above post of above class then promoted
class.
(9) The transfer of the employee promoted as per this Section shall be with the special post created as per the promotion of this Section of other institution until the adjustment pursuant to Sub-
section (7).
(10) Notwithstanding anything contained elsewhere in this Act, in cases where the employee of the same class of one office promoted as per this Section and might be the office chief post, the senior employee among such class employee worked as office chief.

(11) Notwithstanding anything contained elsewhere in this Act, the promotion proceeding work performance evaluation shall be conducted before and then after the recommendation of promotion
according to this Section the conduced except the first time of the commencement of this Act.
(12) Notwithstanding contained anything elsewhere in this Section, the promotion provision of this Section shall not commence for the layer increase.
(13) Notwithstanding any thing contained elsewhere in this Section, no adverse effect shall be made to the provision of open competition by promotion pursuant to this Section.
(14) The procedures for inviting applications for promotion by evaluation of work performance and experience, result publication and duration, claim of promotion and adjustment of promoted employees and other relevant provisions shall be as prescribed.
• 24D2.Provision relating to layer upgrade of classless employee :
(1) The layer of the classless post shall be as follows:
(a) First layer,
(b) Second layer,
(c) Third layer,
(d) Fourth layer,
(e) Fifth layer.
(2) The employee who is firstly appointed to the classless post shall be maintained into the first layer.
(3) The competent authority shall upgrade as follows the classless employees whose records of punishment have not been maintained pursuant to Section 18E.
(a) Second layer having the service period of Five year or more and less than Ten years.
(b) Third layer having the service period of Ten year or more and less than Fifteen years.
(c) Fourth layer having the service period of Fifteen year or more and less than Twenty years.
(d) Fifth layer having the service period of Twenty year or more.
(4) The pay scale of the layer pursuant to Sub-section (3) shall be as prescribed by the Government of Nepal.
(5) The other provisions relating to upgradation shall be as prescribed.
? 24E. Sheet roll/personal details to be maintained : (1) It shall be the responsibility of the concerned Head of Department or Head of Office to maintain accurately the sheet roll/personal details of the
civil employee serving in his/her office. It shall be the obligation of the concerned employee to update, or cause to be updated, his/her sheet roll/personal details.
(2) If the civil employee who has already been a potential candidate for promotion fails to submit the application form because of his/her staying abroad in the course of a governmental business or study or deputation or occurrence of a natural calamity or circumstance beyond control, the concerned Head of Department or
Head of Office must forward the details of such employee to the office publishing a notice for promotion, within the time-limit of the notice for promotion. The promotion committee shall settle acts of promotion based on the details so forwarded.
(3) If it is proved that any candidate has mentioned false details in the promotion application form, departmental action shall be taken against such candidate.
▲ 24F. Complaint on promotion : (1) The concerned civil employee, who is not satisfied with the promotion recommendation made by the promotion committee pursuant to Section 20, may file a
complaint with the Public Service Commission within Thirty Five days from the date of such recommendation; and the complaint so filed shall be settled within Sixty days after the date of expiry of the
time limit for filing complaint.
(2) If, following the settlement of a complaint filed pursuant to Sub-section (1), the promotion name-list previously published is to be amended, the complaint hearing official shall give a notice thereof to the promotion committee.
(3) If, while examining a complaint pursuant to Sub-section (1), it appears that erroneous evaluation has been carried out knowingly, the Public Service Commission may warn the evaluator.
(4) If a complaint filed pursuant to Sub-section (1) is held to be false, two marks and three marks of such a complainant shall be deducted on the promotion to be made following the complaint, for
the complaint made for the first and second time, respectively.
(5) A notice of the action taken pursuant to Sub-section (3) or (4) must be given to the promotion committee secretariat, the office where the concerned employee is in service and to the concerned  employee, as well.
(6) Other provisions on complaint on promotion shall be as

prescribed.
25. Alteration in conditions of promotion : In making any amendment to Sections 21, 22, ? 24, 24A, 24B, 24C and 24D or the Rules framed thereunder, provision shall be made so that such amendment shall come into force only on a date after One year of such amendment.
? 26. Change of service, group or sub-group : If, Government of Nepal requires an employee with any special qualifications in any class of any service, group or sub-group of the civil service, and given that the post cannot be fulfilled by transfer or promotion made within that service, group or sub-group, the post has to be fulfilled
by making a change in service from another civil service, group or sub-group, Government of Nepal may change the service, group or sub-group of the employee selected through a competitive examination among the civil employees of the same class, having possessed the qualifications specified in an advertisement done by
the Public Service Commission on request of Government of Nepal.
Provided that, in cases where the position is cut off because any civil service post of any body of the Government of Nepal has been redundant and the employee in service in such position has to be transferred to another service, group or sub-group given that the post of the service, group, sub-group and class so cut off is not
vacant in any other body nor does such post fall vacant even until One year, nothing contained in this Section shall be deemed to prevent Government of Nepal from grouping into another service, group or sub-group, in consultation with the Public Service Commission.

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