Skip to contentSkip to left sidebar Skip to footer

Chapter 3 Fulfillment of Vacancy of Civil Service

Chapter 3 Fulfillment of Vacancy of Civil Service
▲ 6A. Creation of positions :

(1) The number of positions in the civil service shall be created as prescribed.
? (2) In preparing an organizational structure and creating a new position in order to establish a new governmental office or reviewing or altering the currently existing organizational structure and positions, the concerned Ministry shall carry out an organizational and management survey, based, inter alia, on the programme, work-load, job nature and available human resource, obtain consent of the Ministry of Finance and forward it to the
Ministry of General Administration.
• (2a) Based on the consent obtained pursuant to Sub-section (2), the Ministry of General Administration shall make its evaluation  and submit it to the Government of Nepal, Council of Ministers for  approval within Thirty days.
Provided that in the case of an alteration in the organization structure and position, a report on such alteration in organization structure and position may be submitted after carry out organization
and management survey.
(3) Any post fulfilled by creating the position in contravention of Sub-sections ? (1), (2) and (2a) shall ipso facto
lapse.
7. Fulfillment of vacancy in civil service : (1) The posts of Gazette special class of the civil service shall be fulfilled pursuant to Section 19 and following posts shall be fulfilled as follows:

2) The employees serving in the post of Bahidar or equivalent thereto of the non-gazetted forth class at the time of
commencement of this Section shall ipso facto be settled into non-  gazetted third class from the date of commencement of this Section.
(3) Notwithstanding anything contained in Clauses (c) of Sub-  section (1), if any post of non-gazetted third class is not held by any civil employee, that post shall ipso facto lapse. If the employee holding the post of non-gazetted third classes has completed such service period and possesses such minimum educational qualifications as required for the post to which he/she is to be promoted, he/she shall ipso facto be promoted to the one class
higher post. The higher class post shall ipso facto be created for  making such promotion; and the lower post shall ipso facto lapse after such promotion to the higher post.
(4) The Government of Nepal shall specify the classless postsinto those of main workers and assistant workers by a Notification in the Nepal Gazette.
(5) The posts falling vacant at the time of commencement of this Section and the classless posts with duties of assistant workers specified pursuant to Sub-section (4) falling vacant after the commencement of this Section shall ipso facto lapse. The concerned office shall inform the Civil Employees Records Office to terminate
such posts. The duties of such posts shall be contracted out to any person or institution by making a contract with such person or institution and with specification of the minimum salary.
(6) Out of the posts to be filled up through internal competitive examination as referred to in Clause (d) of Sub-section (1), the non-gazetted second class posts shall be filled up through open competition from amongst the employees who are serving in non-gazetted third class and classless posts and have obtained
minimum educational qualification and minimum service period .
(7) Notwithstanding anything contained in Sub-section (1), in order to make inclusive the civil service, forty-five percent posts of the posts to be fulfilled by open competition shall be set aside and be filled up by having separate competition between the following candidates only, by considering the percentage into cent percent:
(a) Women -Thirty Three Percent
(b) Adiwasi/Janjati -Twenty Seven Percent
(c) Madhesi -Twenty Two Percent
(d) Dalit – Nine Percent
(e) Disabled (differently able)- Five Percent
(f) Backward Area – Four Percent
Explanation:
(1) For the purposes of this Sub-section “backward area” means Accham, Kalikot,
Jajarkot, Jumla, Dolpa, Bajhang, Bajura, Mugu and Humla districts.
(2) For the purposes of Clauses (a), (b), (c) and (d) of this Sub-section, “women,
Adiwasi/Janajati, Madhesi, and Dalit” means women, Adiwasi/Janajati, Madhesi,
and Dalit who are backward economically and socially.
(8) Notwithstanding anything contained elsewhere in this Section, the posts of the percentage determined pursuant to Clause
(e) of Sub-section (7) shall be filled up through competitive examination between such disabled only as may be specified for any specific nature of work.
(9) While determining the percent pursuant to Sub-section (7), if there is a fraction that is less than One percent, the fraction shall continue to pass on to the immediately next group of the group in respect of which such fraction has resulted.
(10) If no appropriate candidate is available from the advertisement for a post set aside pursuant to Sub-section (7) in the year of advertisement, such post shall be included in the advertisement of next year, and if any appropriate candidate is not available even upon such advertisement, such post shall be included
in the posts to be filled up through the open competition in that year.
(11) The provisions for the fulfillment of posts through the  percent determined pursuant to Sub-section (7) shall be reviewed in every Ten years.
(12) If there arises any dispute on the determination of posts as per the percent as referred to in Sub-section (7), the decision made by the Public Service Commission shall be final.
(13) Notwithstanding anything contained elsewhere in this Section, the Government of Nepal may, by a Notification in the Nepal Gazette, specify the post that can be competed only be women for any specific nature of function or post.
(14) Notwithstanding anything contained elsewhere in this Section, permanent appointment may be made by way of a competitive examination, between such women candidates only,
specified by the Public Service Commission to the prescribed post for one time after the commencement of this Section as have obtained necessary minimum qualification for any post and have worked for at least five years temporarily in the permanent post of the women development program operated by a governmental body.
(15) The posts to be filled up through the adjustment of work performance and experience pursuant to Sub-section (1) shall be adjusted on the basis of seniority from amongst the employees who are promoted as per Section 24D1.
(16) The minimum qualification required for the post of gazetted second and first class to be filled up through open
competition pursuant to Clauses (f) and (g) of Sub-section (1) shall be Master’s Degree obtained on the concerned subject and experience of Five years in the case of gazetted second class and that of Seven years in the case of gazetted first class, in an officer level post of any government service or a body corporate registered
as per the prevailing law or an international association or institution.
Provided that, the term of work experience shall be less by Two years in the case of a candidate who has done Ph.D.

(17) Other provisions relating to the fulfillment of vacancies in the civil service and fulfillment of expert posts shall be as prescribed.
? 7A. Provisions on requisition for vacancy fulfillment : (1) If any post of the civil service falls vacant in any manner, the concerned body shall give information thereof to the Public Service Commission within one month after such vacancy. Departmental action shall be taken against the office-bearer who fails to give such information within that period.
(2) Upon receiving the requisition for the fulfillment of vacancies pursuant to Sub-section (1), the details of the such posts shall be published within the month of Shrawan every year, as prescribed.
(3) In making requisition for the fulfillment of vacancies in the civil service, requisition may be made, specifying the posts already fallen vacant by that period and the posts that are to fall vacant by way of retirement and promotion within the running fiscal year.
(4) Other provisions relating to the requisition for vacancy fulfillment shall be as prescribed.
▲ 7B. Restriction on vacancy fulfillment : (1) No post of the civil service shall be fulfilled in any manner other than that provided for in this Act.
(2) No salary shall be provided without having a salary report passed by the Civil Employee Records Office (Nijamati
Kitabkhana), in the case of civil employees serving in Ministries, Secretariats, Commissions and Departments and Offices situated within the Valley, and by the Treasury and Accounts Comptroller Office concerned, in the case of civil employees of the District based Offices.
? (3) If any employee is appointed in contravention of Sub- section (1) or if it is found that salary has been provided without having the salary report passed pursuant to Sub-section (2), the salary, allowances and amounts for other facilities received by such employee shall be realized from the appointing and salary providing
office-bearer as government dues.
Provided that, nothing in this Sub-section shall be deemed to preclude the provision of salary to a employee holding a redundant post (Phajil).
Explanation: For the purposes of this Sub-section “employee holding a redundant post” means an employee whose
organization or position has been repealed but his or her service is yet to be adjusted in another organization or
service.
▲ 7C. Restriction on appointment on wages or contract : (1) After the commencement of this Act, no one shall appoint any person on wages or contract for any job to be performed by the civil employee.
(2) If any one appoints any person in contravention of Sub- section (1), the salary, allowances and amounts for other facilities received by that person so appointed shall be realized from the appointing office-bearer as government dues.
? 8. Appointment on recommendation of Public Service Commission : (1) Appointment to the post required to be fulfilled by open competition or internal competition ?——— shall be made on recommendation of the Public Service Commission.
(2) Notwithstanding anything contained in Sub-section (1), appointment to the post of gazetted second class or above, in the Nepal Judicial Service, which is required to be fulfilled by internal
competition ?———shall be made on recommendation of the Judicial Service Commission.
9. Appointment to the post of civil service : (1) Government of Nepal shall make appointment to the gazetted post of the civil service; and a Notification of such appointment shall be published in the Nepal Gazette.
(2) The Head of Department may make appointment to the non- gazetted post of the civil service.
(3) Notwithstanding anything contained in Sub-section (2), the Head of Office may make appointment to the non-gazetted and classless post in his/her office and subordinated office.
? 10. Disqualifications for being candidate : (1) The following persons shall not be qualified to be candidate for the post of the civil service:
(a) In the case of non-gazetted and classless post, those who have not completed the age of
Eighteen years, (b) In the case of gazetted post, those who have not completed the age of Twenty One years,
(c) In the case of male and female candidates, those who have already completed the age of Thirty
Five years and that of Forty years, respectively, Provided that,
(1) Any person who has not crossed the age of Forty years may be a candidate for such
post of the civil service ?………. as may be specified for appointment of an ex- army or police thereto.
? (2) Any person who has not crossed the age  of Forty Five years may be a candidate for
the open competition of gazetted second and first class.
(3) The age bar shall not be applicable in the case of permanent incumbent employees
of the civil service.
(d) Those who have been dismissed from service, with being disqualified for government service
in the future,
(e) Those who are non-Nepalese citizens, (f) Those who have been convicted by the court of a
criminal offence involving moral turpitude.
? (2) In the case of the female civil employee who has been temporarily appointed to any post of development side or
development project of Government of Nepal and serving continuously since at least Five years ago, the age bar shall not be applicable to her to become a candidate in the advertisement of the Public Service Commission for open competition.
? 11. Provisions relating to temporary appointment : (1) The Public Service Commission shall, for the purpose of making temporary appointments, publish a separate list arranged in order of merit from
amongst those candidates who have attended the examination conducted by it but have not been recommended for permanent appointment.
(2) If any temporary appointment is to be made to any vacant post of the civil service, the concerned Ministry must write to the Public Service Commission.
(3) The Public Service Commission shall, if so written to it pursuant to Sub-section (2), recommend the person included in the list arranged in order of merit for temporary appointment on the basis of the requisition of the concerned Ministry.
(4) The concerned Ministry shall temporarily appoint the person recommended pursuant to Sub-section (3) for a period not exceeding six months.
(5) The concerned Ministry must give information of temporary appointment made pursuant to Sub-section (4) to the Ministry of General Administration within seven days.
(6) If any one makes temporary appointment in contravention of this Section, the salary, allowances and amounts for other facilities earned and received by the civil employee so appointed shall be realized from the appointing office-bearer as government dues.
12. Retention of lien : The civil employee shall continue to have lien over his/her post in the following circumstances:
(a) As long as he/she continues to function in that post;
(b) Until the period of time allowed for the assumption of charge of another post, on being transferred to that post;
(c) While he/she is on leave;
(d) While he/she is under suspension;
(e) While he/she is deputed by Government of Nepal on
governmental or non-governmental business or while he/she
is serving in any other post in an acting capacity.
? 13. Acting assignment : ? (1) If the post of any Head of Department or Head of Office falls vacant or the employee holding such post goes on leave for a period exceeding Fifteen days or becomes subject to
action pursuant to the prevailing law, a civil employee of the same grade or of one class lower post who has already become a potential candidate for promotion may be assigned to act in that post for a maximum period of Six months, in order to perform the functions of  that post for the time being. In cases where anyone has been so
assigned to act in any post, that person or any other person shall not be again assigned to act in that post.
(2) If any employee is assigned as acting in contravention of Sub-section (1), the salary, allowances and amounts for other facilities earned and received by such employee during his/her holding of that post shall be realized as government dues from the office-bearer assigning him/her as acting.
14. Oath : Each civil employee must, before assuming his/her office after being appointed for the first time, swear an oath as prescribed. ? 15. Posting of civil employee :

(1) The posting of a civil employee shall be made based on his/her educational qualifications, training
and experience.
Provided that, the placement in the post of gazetted first class or the Head of Department shall be made with the consent of the Ministry of General Administration. In giving such consent for the placement in such post, the Ministry of General Administration shall, in coordination with the concerned Ministry, give the consent
for the placement in the post from amongst the employees who has leadership capacity, in addition to the said matters.
(2) In posting or transferring any civil employee to the prescribed Head of Department, Head of Office or another post, Government of Nepal may make such posting or transfer after concluding a job performance agreement with the concerned office- bearer, subject to the job description corresponding to the administrative job nature of the functions attached to that post.
(3) In order to work along with the incumbent office-bearer holding the post of Secretary of special class of Government of Nepal or post equivalent thereto and the post of Head of Departme
of a central body and have hand-over and take-over of charge, a special post shall, ipso facto, be created for Fifteen days, and posting shall be made prior to the retirement of the incumbent office-bearer.
(4) Other provisions relating to posting shall be as prescribed.
? 16. Probation period : While making fresh appointment to any permanent post of the civil service, such appointment shall be made on probation for a period of Six months in the case of a female civil
employee, and one year, in the case of a male civil employee. If  his/her performance is not satisfactory during the probation period, his/her appointment may be canceled. The appointment of a civil employee whose appointment has not been so cancelled shall be deemed to have ipso facto been confirmed on the expiration of the probation period.
Provided that, any employee who has already completed the probation period upon being once appointed permanently to a post in the civil service is appointed to another post and obtains the dispatch letters shall not be required to undergo the probation period again.
Explanation: For the purposes of proviso (3) of Clause (c) of Sub-section (1) of Section 10 and this Section, “civil Service” also includes the Parliamentary Service and the Nepal Health
Service.
17. Tenure of Chief Secretary and Secretary : The tenure of the Chief Secretary and the Secretary shall be three and Five years, respectively.
* ————-
Explanation: For purposes of this Section, the term “Secretary” means a civil employee holding any post of
special class.

67 Comments

  • You really make it seem so easy with your presentation but I find this topic to be really something that I think I would never understand.

    It seems too complex and extremely broad for me. I’m looking forward for your next post,
    I’ll try to get the hang of it!

  • Hello there! Wouod you mind іf I share your bpog with myy myspace group?
    Τhere’ѕ a llot of foloks that I think would really аppreciate уour content.
    Pleasee let me know. Thank you

  • Good ɗay! I knokԝ this is kkind of off topic but I was wondering if you кnew where I сould find
    a ϲaptcha ⲣlugin foor my comment form? I’m usіng the same blog platform as yours аnd I’m having
    problems finding one? Thanks a lot!

  • Hello to every body, it’s my first pay a visit of this blog; this webpage carries awesome and really fine stuff designed for visitors.

  • Everything is very open with a preⅽise description of the issues.
    It was really informative. Your website is very hеlpful.
    Many thаnks for sharing!

  • Hi there, I found your site by means of Google while searching for a comparable topic, your site
    came up, it seems to be great. I have bookmarked it
    in my google bookmarks.
    Hello there, simply became aware of your blog thru
    Google, and located that it’s truly informative.
    I am gonna be careful for brussels. I’ll appreciate should
    you proceed this in future. Many other people will be benefited from
    your writing. Cheers!

  • Hello would you mind sharing which blog platform you’re working with?

    I’m looking to start my own blog soon but I’m having a tough time making a
    decision between BlogEngine/Wordpress/B2evolution and Drupal.
    The reason I ask is because your design and style seems different
    then most blogs and I’m looking for something unique.
    P.S My apologies for getting off-topic but I had to ask!

  • I seriously love your blog.. Excellent colors & theme. Did you make this web site yourself?
    Please reply back as I’m wanting to create my own blog and
    would love to find out where you got this from
    or just what the theme is called. Thanks!

  • Hello there, I found your website via Google while looking for a comparable topic, your website came up, it seems to be good.
    I have bookmarked it in my google bookmarks.[X-N-E-W-L-I-N-S-P-I-N-X]Hi there, simply was aware of
    your blog through Google, and located that it is really informative.
    I’m gonna watch out for brussels. I will be grateful if you happen to continue this in future.
    Numerous other people shall be benefited out of your writing.
    Cheers!

  • Currently it looks like Drupal is the best blogging platform
    out there right now. (from what I’ve read) Is that what you are using on your blog?

  • Hands down, Apple’s app store wins by a mile. It’s a huge selection of all sorts of apps vs a rather sad selection of a handful for Zune. Microsoft has plans, especially in the realm of games, but I’m not sure I’d want to bet on the future if this kalibrasyon firmaları aspect is important to you. The iPod is a much better choice in that case.

  • Good – I should definitely pronounce, impressed with your site.

    I had no trouble navigating through all tabs and related information ended up being truly
    simple to do to access. I recently found what I hoped for before you know it in the least.

    Quite unusual. Is likely to appreciate it for those who add forums or anything,
    website theme . a tones way for your customer to communicate.
    Excellent task.

  • Do you mind if I quote a few of your posts as long as I
    provide credit and sources back to your site?
    My website is in the very same area of interest as yours
    and my visitors would genuinely benefit from a lot of the information you present here.
    Please let me know if this ok with you. Thanks
    a lot!

  • I was wondering if you ever thought of changing the page layout
    of your site? Its very well written; I love what youve got to say.
    But maybe you could a little more in the way of content so people could connect with
    it better. Youve got an awful lot of text for only having one or two images.
    Maybe you could space it out better?

  • Having read this I believed it was extremely informative.

    I appreciate you spending some time and effort to put this informative article together.
    I once again find myself personally spending way too much time both reading and
    commenting. But so what, it was still worthwhile!

  • Please let me know if you’re looking for a article writer for your blog.
    You have some really good articles and I think I would be a good asset.
    If you ever want to take some of the load off,
    I’d really like to write some material for your blog in exchange for a link back
    to mine. Please send me an e-mail if interested.
    Thanks!

  • I must thank you for the efforts you have put in writing this site.
    I really hope to see the same high-grade blog posts from
    you later on as well. In truth, your creative writing abilities has motivated me
    to get my own website now 😉

  • We are a collection of volunteers and starting a new project in a community in
    you have an awesome weblog here! would you like to make some invite posts on my blog?

  • Heya this is somewhat of off topic but I was wanting
    to know if blogs use WYSIWYG editors or if you have to manually code with HTML.
    I’m starting a blog soon but have no coding expertise so
    I wanted to get guidance from someone with experience.
    Any help would be enormously appreciated!

  • Have you ever considered about adding a little bit more than just
    your articles? I mean, what you say is fundamental and everything.
    But think about if you added some great graphics or videos to give your posts
    more, “pop”! Your content is excellent but
    with images and video clips, this blog could undeniably be one of the best in its niche.
    Good blog!

  • Excellent blog here! Also your site a lot up very
    fast! What host are you the usage of? Can I am getting your associate hyperlink for your
    host? I wish my website loaded up as quickly as yours lol

  • Wow, wonderful blog structure! How long have you ever been running a blog for? you make running a blog look easy. The overall glance of your web site is wonderful, let alone the content material!

  • I was extremely pleased to find this site. I wanted to thank you for
    your time for this wonderful read!! I definitely really liked every little bit of it and i
    also have you saved as a favorite to see new information on your site.

  • I just couldn’t leave your site before suggesting
    that I really enjoyed the standard information an individual
    supply on your guests? Is going to be again frequently to check
    up on new posts

  • Hey! This is my first comment here so I just wanted to give a quick shout out and tell you I really
    enjoy reading through your blog posts. Can you suggest any other blogs/websites/forums that cover the same topics?
    Appreciate it!

  • Howdy! I know this is kinda off topic nevertheless I’d figured I’d ask.
    Would you be interested in exchanging links or maybe guest authoring a blog article or vice-versa?
    My website addresses a lot of the same subjects
    as yours and I think we could greatly benefit from each
    other. If you’re interested feel free to shoot me an e-mail.
    I look forward to hearing from you! Excellent blog by the way!

  • I loved as much as you’ll receive carried out right here.
    The sketch is tasteful, your authored subject matter stylish.

    nonetheless, you command get got an edginess over that you wish be delivering the following.
    unwell unquestionably come further formerly again as exactly
    the same nearly very often inside case you shield this hike.

  • I am really loving the theme/design of your site. Do you ever run into any web browser compatibility
    issues? A couple of my blog readers have complained about my website not operating correctly in Explorer but looks great in Opera.

    Do you have any recommendations to help fix this problem?

  • Thank you, I have just been searching for information about this subject for ages and yours is the best
    I’ve found out till now. However, what in regards to the bottom line?
    Are you certain in regards to the supply?

  • I feel this is one of the such a lot significant info for me.

    And i am happy studying your article. But wanna statement on some
    normal issues, The web site style is perfect, the articles is truly excellent : D.

    Excellent job, cheers

  • I’m curious to find out what blog system you are utilizing?

    I’m having some small security issues with my latest blog and I would like to find something more
    risk-free. Do you have any recommendations?

  • Undeniably believe that which you said. Your favorite reason seemed to be on the net the easiest thing to be aware of.
    I say to you, I certainly get annoyed while people think about
    worries that they plainly don’t know about. You managed to hit the nail upon the top as well as defined out the whole thing without having side effect , people could take
    a signal. Will probably be back to get more. Thanks

Leave a comment

Your email address will not be published.