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Author: Rojina

Chapter-14 Miscellaneous

Chapter-14 Miscellaneous
133. Control and responsibility on arms, ammunition and military
equipment:

(1) Subject to the provisions as prescribed by the Government of Nepal, the responsibility to control arms, ammunitions and other military equipments shall be in the Chief of Army Staff.
(2) If it is necessary to purchase arms, ammunitions and other military equipments for the Nepal Army, the Chief of Army Staff shall submit the details including justification thereof to the Ministry of Defence.
The details so received shall be submitted to the National Defense Council
to recommend for the policy decision to be made by the cabinet.
(3) The Chief of Army Staff may issue an order to provide such arms, ammunitions and other military equipments under his/her responsibility in accordance with prevailing laws and instructions issued by
the Government of Nepal to any unit of the Nepal Army upon taking control and responsibility for them.
(4) The Chief of Army Staff may handover or rent out, with the approval of the Government of Nepal, the arms, ammunitions and other military equipments of the Nepal Army to the organs (Agencies) other than
a unit of the Nepal Army.
(5) The Chief of Army Staff shall submit updated details of arms,ammunitions and other military equipments of the Nepal Army to the Ministry of Defence in every Six months, and in addition to this, the Chief
of Army Staff shall have a duty to submit such updated details as demanded by the Ministry of Defence.
(6) The power to grant exemptions for arms and ammunitions used in the works and trainings shall remain with the Chief of Army Staff, except that the power to grant exemptions for arms and ammunitions used
for other purposes shall remain with the Ministry of Defence.

134. Salary and benefits to the Chief of Army Staff:

(1) The monthly salary of the Chief of Army Staff shall be as prescribed by the Government of Nepal.
(2) The Government of Nepal shall deduct Ten percent amount from the monthly salary of the Chief of Army Staff for the provident fund, and shall add Hundred percent of the deducted sum and deposit to the provident
fund.
(3) The Government of Nepal shall arrange appropriate residence to the Chief of Army Staff who has no appropriate residence in Kathmandu.

(4) The Government of Nepal shall arrange motor vehicle for the Chief of Army Staff.
(5) After retirement from the service, the Chief of Army Staff shall be entitled to pensions in accordance with prevailing Rules on pensions of the Nepal Army.
(6) The family members of the joint family of the Chief of Army Staff shall be entitled to a family pension as follows:
(a) In case the Chief of Army Staff dies during the tenure, the total sum of money (lump sum amount) as
determined by the Government of Nepal,
(b) If he/she dies within Nine years from the date of getting pension as referred to in Sub-section (5), the
same amount for the period remaining to meet Nine
years.

(7) Notwithstanding anything contained in Sub-sections (5) and (6), a pension or family pension shall not be granted for the period while assuming the duties of Acting Chief of Army Staff.
(8) The Chief of Army staff shall be granted, along with full salary, the following leaves every year:
(a) Casual leave of Twenty days,
(b) Home leave of Forty Five days,
(c) Sick leave of Fifteen days.
(9) Casual leave which is not used within the same year shall not be
accumulated for the next year. Home leave shall be accumulated for a
period of maximum of Forty Five days and sick leave shall be accumulated
for the whole period of the service. The Chief of Army Staff, when retiring,
shall receive cash for the period of accumulated home leave and sick leave.
(10) The Chief of Army Staff may grant casual leave him/herself,
and home leave and sick leave shall be approved by the Defence Minister.
(11) The Government of Nepal may call the Chief of Army Staff to
work before the expiry of the leave period.
135. Declaration of engaged in military operation: The Government of Nepal may declare any person or force under the jurisdiction of this Act as  engaged in military operations wherever they may have been working, or
regardless they might have been working under any other Acts.

136. Military prison: The Government of Nepal may prescribe any building, or any portion of a building, which contains humanely physical facilities as  a Military prison for the purpose of imprisoning the person to whom the
penalty of imprisonment has been rendered by a Court Martial.

137. Applicability of this Act to any other force:

(1) The Government of Nepal may establish a separate force for a specific purpose upon publishing
a Notification in the Nepal Gazette.
(2) The Government of Nepal, in the Notification published pursuant to Sub-section (1), may issue an order applying any or all Section of this Act either altering or not altering (mutatis mutandis), or postponing any
Sections for some period and may also prescribe necessary conditions in the same order.
(3) The provisions of Sub-sections (2) may be applicable in respect to the persons as referred to in Clause (b) of Sub-section (1) of Section 3.
(4) The Government of Nepal may deploy army personnel of different ranks working with the Nepal Army to the force established pursuant to Sub-section (1).

138. Officer who exercises powers in a special circumstance:

(1) The  Government of Nepal may appoint an officer of any Army, Corps, Division  and Brigade exercising the power of commanding officer to exercise power over persons to whom this Act is applicable and whose number is bigger
than a number of army normally contained in any unit.
(2) While appointing a person as referred to in Sub-section (1) all limitations, exception and conditions the government may assign all the powers or any of the powers or may keep under this Act.

139. Classification and inclusion:

(1) The Government of Nepal may classify any person or force of persons as referred to in Section 3 and to whom this
Act is applicable into classes of officers, junior commissioned officers (Padik) or non commissioned officers (Billadar) or include person into one of such classes and cancel the classification.
(2) A person who is not classified into any of the classes of officer, junior commissioned officers (Padik) or non commissioned officers (Billadar) as referred to in Sub-section (1) he/she shall be deemed to be
below the rank of non-commissioned officer.

140. Commission of Inquiry may be formed:

(1) The Government of Nepal may form a Commission of Inquiry in accordance with the Commission of
Inquiry Act, 2026 (1994) to inquire into a matter of public importance in which a person to whom this Act is applicable is engaged, and submit the report thereof.
(2) The functions, duties, powers and other arrangements of a Commission of Inquiry formed pursuant to Sub-section (2) shall be as provided by the same Act.

141. Delegation of Authority:

(1) The Government of Nepal may delegate the power conferred on it in accordance with this Act and Rules framed under this Act to the Chief of Army Staff and subordinate agency or official or any governmental agency or official.
(2) The Government of Nepal may, in extra-ordinary situations, delegate/handover, powers conferred on it or any agency or official in accordance with prevailing laws to the Chief of Army Staff and subordinate
unit to him as required.
(3) The power delegated pursuant to Sub-sections (1) and (2) shall not be barred from being resumed, even during the period of delegation, by the Government of Nepal, concerned agency or official by him/herself.
(4) The Chief of Army Staff may delegate the power conferred on him/her pursuant to this Act and prevailing laws to the subordinate agency or official under his/her own responsibility.

142. Instruction may be issued:

(1) The Government of Nepal may issue necessary instructions to the Chief of Army Staff to pursue the objectives of
this Act as required.
(2) It shall be the duty of the Chief of Army Staff to implement the instructions issued by the Government of Nepal as referred to in Sub- section (1).

143. Powers to frame Rules:

(1) The Government of Nepal may frame necessary Rules to meet the objectives of this Act.
(2) Without prejudice to the generality of the powers conferred by Sub-section (1), such Rules may provide for any of the following matters in relation to the Nepal Army:
(a) Regarding the appointment, leave, promotion, demotion, retirement, dismissal and other conditions of
service,
(b) Regarding immunities and privileges,
(c) Regarding the operation of the Welfare Fund,
(d) Regarding the investigation, inquiry, custody of an accused and filing of a case,
(e) Regarding the formation, dissolution, postponement, continuance, jurisdiction, procedures, approval and
rehearing (revision) of cases, execution of decision or penalties,
(f) Regarding the determination on the type of battlefield penalty,
(g) Regarding the formation and procedure of the Court of Inquiry, the method of taking an oath, and recording
evidence,
(h) Regarding the arrangement of assistance to the dependants and its implementation,
(i) Regarding the write off of the useless and unused goods,
(j) Regarding the arrangement of the salary, allowances and other amounts of a person who deserts,
(k) Regarding the administration, supervision, and management of the Army prison and conditions of
service of prison officer,
(l) Regarding security, discipline, special service, work, penalty for offences and exemptions of penalties for
prisoners,
(m) Regarding keeping, using, handling and write off of the arms and ammunitions and other military
equipments,
(n) Regarding write off of the money spend in intelligence, money used from the revolving fund,
money used from contingency (Bhaipari) fund,
(o) Regarding entertainment subsidies,
(p) Regarding actions against a person who deserts,
(q) Regarding arrangement of military hospitals,
(r) Regarding military donations and prizes,
(s) Regarding appointment in the Prad Viwak,
(t) Regarding air transportation and maintenance of aeroplanes,
(u) Regarding women engaged as parachute folder,
(v) Regarding defence financial procedure and daily travel allowances,
(w) Regarding gratuity (Upadan), pensions and other
benefits,
(x) Regarding short term services,
(y) Regarding military nurses,
(z) Regarding the accounts group,
(aa) Regarding Military Police,
(bb) Regarding Army technicians,
(cc) Regarding appointment of former Army personnel.

144. Repeal and saving:

(1) The following Acts are, hereby, repealed:
(a) Army (Delegation of Authority) Act, 2015.
(b) Army Act, 2016.
(c) Functions, duties, powers and conditions of service of the Chief of Army Staff Act, 2016.
(2) Persons of all ranks working with the Nepal Army at the time of commencement of this Act shall be deemed to have been remained in their respective post and rank of the Nepal Army, and they shall remain in office
until the period prescribed by the prevailing law related to the Army.
(3) The acts done and activities performed pursuant to the Acts as referred to in Sub-section (1), shall be deemed to have been done or performed in accordance with this Act.

145. Modifications: The following words in the prevailing laws are modified as following:
(a) “Nepal Army” instead of Royal Nepal Army.
(b) “Nepal Army” instead of “Armed Force of His Majesty”

Schedule-1

Schedule-1
(Relating to Sub-section (4) of Section 7)
Posts in the Nepal Army
(a) Chief of Army Staff (Maharathi)
(b) Lieutenant General (Rathi)
(c) Major General (Uparathi)
(d) Brigadier General (Sahayak Rathi)
(e) Colonel (Mahasenani)
(f) Lieutenant Colonel (Pramukh Senani)
(g) Major (Senani)
(h) Captain (Sahasenani)
(i) Lieutenant (Upasenani)
(j) Second Lieutenant (Sahayak Senani)
(k) Chief Warrent Officer (Subedar Major)
(l) Warrent Officer One (Subedar)
(m) Warrent Officer Two (Jamdar)
(n) Sergeant (Hudda)
(o) Corporal (Amaldar)
(p) Lance Corporal (Pyuth)
(q) Soldiers (Sipahi)
(r) Followers

Schedule-2

Schedule-2
(Relating to Sub-section (2) of Section 16)
Oath
I, …………………….., being fully loyal to the country and the people, do hereby honestly and faithfully promise/ take an oath in the name of god that I, by being fully loyal to the Interim-Constitution of Nepal, 2063 (2007) promulgated upon paying high honour to that the state power and sovereignty of Nepal must be inherent only in Nepali people, shall honestly perform the duties of the …….. post subject to the prevailing laws neither fearing from any one nor taking the side of any one nor being biased against anyone , or having bad faith in, any one and I shall not disclose or hint any matter which I come to know in the performance of my duties in any manner at any time when I hold or cease to hold the Office except in compliance with the prevailing laws.
Date: …………..

Signature   ………………..

Schedule-3

Schedule-3
(Relating to Sub-section (1) of Section 17) Age bar to the persons serving in Nepal Army
General:
(a) Chief of Army Staff – Sixty One years
(b) Lieutenant General – Fifty Eight years
(c) Major General – Fifty Seven years
(d) Brigadier General – Fifty Six years
(e) Colonel – Fifty Six years
(f) Lieutenant Colonel – Fifty Four years
(g) Major – Fifty Three years
(h) Captain – Fifty Two years
(i) Lieutenant – Fifty One years
(j) Second Lieutenant – Fifty years
Technician:
(a) Major General – Fifty Eight years
(b) Brigadier General – Fifty Eight years
(c) Colonel – Fifty Seven years
(d) Lieutenant Colonel – Fifty Six years
(e) From Second Lieutenant to Major – Fifty Five years

Schedule-4

Schedule-4
(Relating to Sub-section (2) of Section 17)
Tenure of the Officers of the Nepal Army General:
(a) Lieutenant General – Two years
(b) Major General – Three years
(c) Brigadier General – Four years
(d) Colonel – Five years
(e) Lieutenant Colonel – Five years
(f) Major (Total tenure as an officer) – Twenty years
Technician:
(a) Major General – Three years
(b) Brigadier General – Four years
(c) Colonel – Five years
(d) Lieutenant Colonel – Five years

Schedule-5

Schedule-5
(Relating to Sub-section (3) of Section 17)
Tenure which may be extend of the Officers of Nepal Army
General:
(g) Lieutenant General – One Term of a year
(h) Major General – One Term of Two years
(i) Brigadier General – One Term of Three years
(j) Colonel – One Term of Two years
(k) Lieutenant Colonel – One Term of a year
(l) Major – Five years one term for the
first time and Three years
one term for the Second
time, altogether Eight years
Technician:
(a) Major General – One Term of a year
(b) Brigadier General – One Term of Three years
(c) Colonel and Lieutenant Colonel – One Term of Three years Note: The Lieutenant Colonel who retires from the First term shall receive pension upon extending the term.

Nepal Health Service Act, 2053 (1997)

Nepal Health Service Act, 2053 (1997)
Date of Authentication and Publication
2053.11.15 (16 February 1997)
Amendments:
1. Nepal Health Service (First Amendment) Act, 2055 (1999) 2055.10.27 (10 Feb.1999)
2. Health Related Some Nepal Acts Amendment Act, 2058 (2001) 2058.5.6 (22 Aug.2001)
3. Nepal Health Service (Second Amendment) Act, 2058 (2001) 2058.7.22 (7 Nov. 2001)
4. Nepal Health Service (Third Amendment) Act, 2063 (2006) 2063.8.22 (8 Dec. 2006)
5. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2010) 2066.10.7 (21 Jan 2010)
Act Number 32 of the year 2053 (1997)
An Act Made to Provide for the Constitution, Operation and Conditions of Service of the Health Service
Preamble : Whereas, being the health service an essential service for the general public, it is expedient to make provisions on the constitution, operation and conditions of service of the health service in order to make the
health service more competent, vigorous, service-oriented and responsible;
Now, therefore, be it enacted by Parliament in the Twenty-Fifth year of the reign of His Majesty King Birendra Bir Bikram Shah Dev.

Chapter-1 Preliminary

Chapter-1 Preliminary
1. Short title and commencement :

(1) This Act may be called as ”   Nepal Health Service Act, 2053 (1997)”.
(2) This Act shall come into force on the 91 st day after the date on which His Majesty grants royal assent.
2. Definitions : Unless the subject or the context otherwise requires, in this Act,-
(a) “health service” means the Nepal health service constituted pursuant to Section 3;
(b) “employee” means any person who is holding a post of the health service;
(c) “integrated medical officer” means a person who, having acquired master’s degree on Auyrved and Aellopathic from a recognized educational institute, is holding a post of the health service, after getting his/her name registered in the Ayurved Medical Council, and this term includes a person whose name is registered after the formation of the Ayurved Medical Council where the Council was not yet formed at the time of commencement of this Act;
(d) “Authority” means any official with powers to make appointments pursuant to Section 11;
(e) “family” means the husband, wife, son, unmarried daughter, adopted son, unmarried adopted daughter, father, mother or step mother living together with an employee and whom he/she himself/herself has to maintain and subsist, and this term also  includes his or her grandfather, grandmother in the case of a male and unmarried female employee, 1 and her mother-in-law, father-in-law, in the case of a married 2 female employee;
(f) “Head of Department” means the prescribed official;
(g) “Chief of Office” means the head employee of the prescribed office;
(h) “permanent post” means a post of the health service which is pensionable and of which term is not specified;
(i) “expert post” means a post which has functions, duties and responsibilities of special nature and requires special
qualifications;
(j) “Ministry” means the Ministry of Health of the Government of Nepal; and
(k) “Prescribed” or “as prescribed” means prescribed or as prescribed in the rules framed under this Act.

Chapter-2 Constitution of health service

Chapter-2 Constitution of health service
3. Constitution of health service : A service named Nepal Health Service is hereby constituted.
4.  Class and class adjustment :

(1) There shall be the following classes in the health service:

Officer Assistant
Twelfth Fifth
Eleventh Fourth
Tenth Third
Ninth
Eighth
Seventh
Sixth

(2) Notwithstanding anything contained in Sub-section (1), if the third class does not have any employee, that class shall lapse.
(3) The employees serving in the first and second classes of the  Nepal health service at the time of commencement of this Section shall be adjusted to the third class.
(4) The non-gazette third class employees appointed pursuant to the Civil Service Act, 2049 (1993) prior to 14 Jestha 2054 shall be adjusted to the fourth class.

5. Posts of service :

(1) There shall be technical posts including the expert posts in different classes of the health service. The titles of such posts shall be as prescribed.
(2) The Government of Nepal shall prepare the job description of each level of the health service. Such job description shall clearly specify, inter alia, the functions, duties, responsibilities and powers of
the concerned post.

6. Medical systems under the health service :

(1) There shall be the following medical systems in the health service:
(a) Aellopathy Medical System,
(b) Ayurved Medical System,
(c) Homeopathy Medical System.
(2) In addition to the medical systems mentioned in Sub-section (1), the Government of Nepal may, by a Notification in the Nepal Gazette, prescribe other medical system. 4

7. Groups and sub-groups :

(1) There may also be different groups and sub-groups as prescribed in the health service.
(2) The minimum qualifications required for different posts in the groups and sub-groups of the health service shall be as prescribed.

Chapter-3 Fulfillment of vacancy in health service

8A. 6 Restriction on fulfillment of vacancy :

(1) No post of the health service shall be fulfilled in any manner other than that provided for in
this Act.
(2) If any post in the health service becomes vacant in any manner, the concerned body shall give information thereof to the Public Service Commission within One month of the post being vacant. The official who does not give information within that period shall be liable to departmental action.
(3) If it is so written pursuant to Sub-section (2), requisition may be made specifying the posts 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.
(5) No salary shall be provided without having a salary report passed by the Civil Employee Records Office (Nijamati Kitabkhana), in the case of employees serving in the Ministry, Department, center and offices situated within the Valley, and by the Treasury and Accounts Comptroller Office concerned, in the case of employees of
the District based Offices.
(6) 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 official as government dues.
8B. 7 Restriction on appointment on wages or contract :

(1) No one shall appoint, or cause to be appointed, any person on wages or contract for any job to be performed by the employee. Provided that, if there arises difficulty with the health service delivery owing to that any doctor or health worker is on the study or extra-ordinary leave, the Government of Nepal may employ on contract
service a doctor or health worker who is in possession of the  qualification in his or her post for the period during which such a doctor or health workers goes on leave. 8
(2) If any one appoints, or causes to be appointed, 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 official as government dues.

9 Upgrade :

(1) Out of the posts in the service, the posts of Fourth level, Fifth level, officer Seventh level, Eighth level and Tenth level shall be fulfilled from the Third level, Fourth level
10 , officer Sixth level, Seventh level and Ninth level respectively, by way of upgrading.
(2) The freshly appointed and posted officer Sixth level employee and officer Seventh level medical officer, dental officer, officer Kabiraj, integrated medical officer or other medical officer equivalent thereto who has served for at least One year in the most remote area or for Two years in a remote area and gained at least
excellent marks in the work performance evaluation for Three years after the date of fresh appointment and posting shall be upgraded to the Seventh level post and the Eighth level post, respectively.
(3) If an employee who is upgraded from the officer Sixth level post to the Seventh level post pursuant to Sub-section (2) gains at least excellent marks in the work performance evaluation for Two years in
that post, such employee shall be upgraded to the Eighth level post. (4) The employees, who were permanently appointed to the gazetted Third class post on the Nepal Health Service pursuant to the
Civil Service Act, 2049 (1993) prior to the commencement of the Nepal Health Service Act, 2053 (1997) and have completed a service period of Three years after having served for at least One year in the most
remote area or Two years in the remote area, shall be upgraded to the Eighth level post.
11 Notwithstanding anything contained in Sub-section (4), the employees, who were permanently appointed to the gazetted Third class post on the Nepal Health Service pursuant to the Civil Service
Act, 2049 (1993) or after the commencement of the Nepal Health Service Act, 2053 (1997) and has obtained the master’s degree after gaining the basic bachelor’s degree in the subject related with the group, sub-group of the service and completed a service period of Three years after having served for at least One year in any area outside
the Kathmandu Valley or has obtained the post graduate diploma after gaining the basic bachelor’s and completed a service period of Three years after having served for at least Two years in any area outside the
Kathmandu Valley shall also be upgraded to the Eighth level post.
(6) If the employees as referred to in Sub-sections (4) and (5) have not served for such period and in such area as mentioned in those Sub-sections, such employees shall be upgraded only after they have
attended and served in such area until the required period.
Provided that, if an employee as mentioned above cannot be deputed to the said area because of the lacking of post or position or office, such employee shall also be upgraded to the Eighth level post.
(7) The employees who, holding the officer Ninth level post for Two years, have gained at least excellent marks in the work performance evaluation for Two years shall be upgraded to the officer tenth level post.
(7a) 12 After the commencement of this Section, the upgrading of the following employees shall be made as follows:
(a) Employees serving in the Third level at the time of the commencement of this Section, to the Fourth
level of the concerned group,
(b) Employees who were adjusted to the Third level after the commencement of this Section, to the
Fourth level after having completed Two years of service period in that level,
(c) Employees who were adjusted to the Fourth level of the health service after 14 Jestha 2054, to the Fifth
level of the concerned group,
(d) Out of the employees who were adjusted to the Fourth level pursuant to Sub-section (4) of Section
4, the employees who have completed Three years of service period and gained the prescribed
qualification for the Fourth level, to the Fifth level of the concerned group,
(e) Employees who were freshly appointed to the Fourth level of the health service or adjusted to that
level and have completed Five years of service period in the level, to the fifth level of the concerned group,
(f) Employees who were appointed to the Sixth and Seventh levels after completing the procedures of the Public Service Commission prior to the commencement of this Section, to the Seventh and Eighth level of the concerned group, respectively,
(g) Out of the employees who were adjusted to the fifth level and senior Fifth level prior to the commencement of this Section, the employees who have gained the prescribed qualification for the fourth level and completed Ten years of service period in the Fifth level, to the Sixth level of the concerned group,
(h) Employees who were freshly appointed to the Fifth level prior to the commencement of this Section and
have completed at least Ten years of service period in that level, to the Sixth level of the concerned
group,
(i) Employees who were upgraded to the Fifth level after the commencement of this Section and having
completed at least Ten years of service period in that level, to the Sixth level of the concerned group.
(7b)
13 A separate pool position shall be arranged for the employees whose level has been adjusted after 14 Jestha 2054 and are currently serving in the officer Sixth level and they shall be upgraded to the Seventh level of the concerned group.
(7c)
14 After upgradation pursuant to Sub-section (7b), such employees shall be grouped in the concerned group based on their qualification. If any of the employees so grouped is relieved of the health service for any reason, such a position held by him or her shall ipso facto lapse.

15 An employee who is upgraded to a higher level pursuant to this Section shall perform the functions of the level from which he or she is upgraded.
(7e) 16 If an employee who is upgraded to the Seventh level pursuant to Clause (f) of Sub-section (7a) after the commencement of  this Section served in a remote area during the period as referred to in Sub-section (2), he or she shall be deemed to have served in the remote area for upgradation to a higher level.
(8) ……………..
17
(9) ……………..
18
(10) ……………..
19
9A. 20 Upgradation not to be made : Notwithstanding anything contained in Section 9, a employee shall not be upgraded in the following  circumstance and during the following period:
(a) In the event of suspension, during the period of suspension, (b) In the event of withholding of salary increment or promotion, during the period of such withholding,
(c) In the event of suspension of name registration by the health related council established pursuant to the prevailing law, during the period of such suspension.
10. Appointment on recommendation of Public Service Commission : Appointment to the post required to be fulfilled by open competition or internal competition shall be made on recommendation of the Public Service Commission.

11. Appointment to the post of health service :

(1) The Government of Nepal shall make appointment to the officer level post of the health
service; and a Notification of such appointment shall be published in the Nepal Gazette.
(2) The Head of Department may make appointment to the assistant level post of the health service.
(3) Notwithstanding anything contained in Sub-section (2), the Chief of Office may make appointment to the posts of assistant first level to the fifth level in his/her office and subordinate office.

12. Disqualifications for being candidate :

(1) The following persons shall not be qualified for appointment to the post of the health service:
(a) In the case of assistant level post, those who have not completed the age of Eighteen years,
(b) In the case of officer level post, those who have not  completed the age of Twenty years,
(c) Those who have already completed the age of Forty Five years,
Provided that, the age bar (limit) shall not apply to the incumbent permanent employee and the temporary
employee, who, upon being duly appointed to the post of the health service, has completed a service period of Five
years continuously.
(d) Those who have not been registered in the Health Professional Council established pursuant to the prevailing
law and who have not got such registration renewed, Provided that, this Clause shall not be considered to
bar the making of appointment to the post in the level in respect whereof there is no provision for registration of
name in any health related professional council established pursuant to the prevailing law.
(e) Those who have been dismissed from the service, with being disqualified for the government service in the
future,
(f) Those who are non-Nepalese citizens,
(g) Those who have been convicted by the court of a criminal offence involving moral turpitude.
13. 21 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 health service, the Authority 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 for a maximum period of Six months on the basis of the requisition.
(4) Where a notice is not published pursuant to Sub-section (1) or the number of the persons recommended pursuant to Sub-section (3) is less than the number of vacant posts, temporary appointment may be
made for a maximum period of Six months, with the consent of the Public Service Commission.
(5) Until recommendation is made by the Public Service Commission for filling vacancies permanently, the term of office of the employees appointed pursuant to this Section can be extended with the consent of the Public Service Commission.
(6) Information of temporary appointment made pursuant to Sub- section (4) shall be given to the Ministry of General Administration within Seven days.
(7) Notwithstanding anything contained above, no temporary appointment can be made to any post of the service without making requisition to the Public Service Commission for permanent fulfillment.
(8) If any one makes temporary appointment in contravention of this Section, the salary, allowances and amounts for other facilities earned and received by the employee so appointed shall be realized from the appointing official as government dues.

14. Retention of lien : An employee shall continue to have lien over his or her post in the following circumstances:
(a) As long as he or 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 or she is on leave after getting the same sanctioned;
(d) While he or she is under suspension;
(e) While he or she is deputed by the Government of Nepal on governmental or non-governmental function or while he or she is serving in any other post in an acting capacity.

15. Acting assignment : (1) An employee who is holding a post that is One level junior to a vacant post of any Head of Department or Chief of Office or in which he or she has a lien in the concerned group, sub-
group of the health service can, based on the prescribed grounds, be appointed to act in such vacant or lien post for a maximum period of One year.
(2) Notwithstanding anything contained in Sub-section (1), ……………. 22 the period of acting in that post may, in consultation with the Public Service Commission, be extended for a maximum period of One year until recommendation is made by the Public Service Commission for permanent fulfillment.
16. Oath : Each employee must, before assuming his/her office after being appointed for the first time, swear an oath as prescribed.
17.
23 Provisions relating to Posting :

(1) The employees shall be posted according to their educational qualification, training and experience. (2) Notwithstanding anything contained in Sub-section (1), in posting from the Sixth level to the Seventh level, posting shall be made by giving priority to those who have gained the educational qualification prescribed for the Seventh level, are senior and have served in a remote area, out of the employees whose level and post
have been adjusted to that level.
(3) Notwithstanding anything contained elsewhere in this Act, title of post as prescribed may be given to an employee of the health service who has gained the qualification as prescribed for the assistant level post as prescribed.

18. Probation period : While making fresh appointment to any permanent post of the health service, such appointment shall be made on probation for a period of Six months in the case of a female employee and that of
One year in the case of a male employee.
24 If his or her performance is not satisfactory during the probation period, his or her appointment
may be canceled. The appointment of an 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, an employee who has once undergone a probation period in the permanent post of the health service shall not be required to again undergo the probation period.
19 . 25 Appointment of secretary : (1) Notwithstanding anything contained in the prevailing law, an employee who has served for at least Five years in the Eleventh level of the health service or an employee serving
in the Twelfth level may be appoint to the post of secretary of the Ministry of Health and Population.
(2) The term of office of the secretary appointed pursuant to Sub-section (1) shall be Five years, subject to Section 45.
(3) In counting the term of office of the secretary pursuant to Sub-section (2), the period of service carried out by him or her in the Twelfth level shall also be counted.

Chapter-4 Transfer, deputation and promotion

Chapter-4 Transfer, deputation and promotion
20. Power to make transfer and make deputation :

The powers to make transfer and make deputation shall be vested in the Government of Nepal in the case of the officer level employees and in the Authority in the case of the assistant level employees.
21
Grounds for making transfer or making deputation :

(1) The employees shall be transferred to the most remote, remote and non- remote areas in order to provide them with experience of different geographical regions of the country.
(2) The division and sub-division of the most remote, remote and non-remote areas shall be made as prescribed.
(3) No employee shall generally be transferred until the employee completes at least One year in the most remote area or at least Two years in the remote area.
Explanation : For the purposes of this Sub-section, “One year” means a period of continuous attendance of at least Two Hundred Thirty Three days.
(4) No employee shall be deputed to any office for more than Thirty days in a year. In cases where an employee is deputed for a period more than that, the salary and allowances, if any, payable for the
period of deputation so made in excess shall be recovered by deducting the same from the salary and allowances receivable by the authority making such deputation
(5) Notwithstanding anything contained in Sub-section (4), an employee may be deputed for a period of more than Thirty days, in any of the following circumstances:
(a) For the treatment of an infectious disease or natural calamity or taking part in any training, seminar,
symposium or national programme upon being nominated by the Government,
(b) For appointing him or her as acting in any post,
(c) To perform the functions of the Chief of Office or Unit Office where the vacant post of such Chief
cannot be filled immediately.
(6) If any employee who has been deputed in the most remote or remote area pursuant to Sub-section (3) is deputed in a training, seminar, symposium or national programme pursuant to Sub-section
(5), such employee shall not be considered to have worked in the most remote or remote area during the period of such deputation.
21A.
27 Power to transfer prior to expiration of required period :
Notwithstanding anything contained in Section 21, in the following circumstances, an employee may, prior to the expiration of the period, be transferred:
(a) Where the medical board formed by the Government of Nepal recommends that any employee in service in any place cannot work there because of physical or mental health,
(b) Where departmental action is to be taken against any employee, (c) Where, because of the reduction in any position, an employee serving in that position becomes redundant (Phajil),
(f) On the basis of mutual consent in the case of employee serving in the posts of rural heath worker, Ayurvedic health worker and infant maternal worker or on the basis of requisition for employee in the event of vacancy in such posts.
23. Other provisions relating to transfer : Other provisions relating to transfer shall be as prescribed.
24. Promotion : Promotion to the officer level post of the health service shall be made on recommendation of the promotion committee formed pursuant to Section 25.

25. Promotion committee :

(1) There shall be a promotion committee as follows to make recommendation for promotion to the officer level post
of the health service.
(a) Chairperson of the Public Service Commission or Member of the Public Service Commission
designated by him or 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 Health – Member-
Secretary
(2) Notwithstanding anything contained elsewhere in this Act, the promotion committee shall, based on the work performance capacity, make recommendation of at least Fifty percent additional candidates of the vacant posts if available, for making promotion to the Twelfth level post. The Government of Nepal shall, from amongst the
candidates so recommended, promote those candidates whom it considers to be appropriate based on seniority and work efficiency.
(3) There shall be a prescribed promotion committee to make recommendation for promotion to the assistant level post of the health service.
(4) The procedures to be followed by the promotion committee to make recommendation for promotion of employees shall be as prescribed.
(5) The promotion committee shall meet in every Six months and make recommendation for promotion no later than Three months after the date of receipt of application forms 28 for promotion.
Minimum qualification and service period for promotion : In order to be a candidate for promotion, an employee must have completed the service period of Three years in the post that is One class below the class of the post to which promotion is made and possessed the educational qualifications as prescribed.
Provided that:
(1) An employee whose level is set at the senior Fifth level in the course of adjustment of level after 14 Jestha 2054
may be a candidate for promotion despite that the employee does have the educational qualification
prescribed for the Fifth level.
(2) An employee who has completed Ten years in the Fifth level may be a candidate for promotion despite that the
employee does have the educational qualification prescribed for the Fifth level.
(3) An employee must have worked in the remote area for at least Two years in order for the employee to be a
candidate for promotion after the commencement of this Section.
(4) If an employee who has been upgraded to the Eighth level pursuant to Clause (f) of Sub-section 7(a) of Section 9
after the commencement of this Section has worked in the level that is one level below that in the remote area for
Two years, the employee shall be deemed to have served in the remote area for promotion to the Ninth level.
26A.
30 Calculation of service period : (1) The period of service carried out in the equivalent post of the Nepal Health Service pursuant to the Civil Service Act, 2049 (1993) prior to 14 Jestha 2054 shall be calculated
for the purposes of promotion.
(2)The period of service carried out in the Sixth and the Seventh levels by the employees appointed to those levels in accordance with the procedures of the Public Service Commission prior to the commencement of this Section shall be calculated for the purposes of upgrading or promotion to the higher level.

31 Ineligibility for being potential candidate for promotion : (1) Notwithstanding anything contained in Section 26, an 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) ……………….
32 (e) In the event of suspension of registration of an employee by a health related professional council
formed pursuant to the prevailing law, during the period of such suspension,
(f)33 During the period of service added pursuant to Sub- section (2) of Section 45.
(2) Notwithstanding anything contained in Sub-section (1), if any employee is suspended pursuant to Clauses (a) and (e) of the said Sub- section after the publication of a notice of promotion or his or her
promotion or salary increment is withheld pursuant to Clause (b) or (c), his or her promotional appointment shall be withheld during such period; and after the expire of that period, he or she shall be granted
promotional appointment as if he or she were not suspended or withheld, and his or her seniority only shall be maintained.
28. Evaluation of work performance : The work performance evaluation form as prescribed shall be used to evaluate the work performance of an employee.

29. Criteria for promotion :

(1) The promotion committee shall recommend an employee for promotion based on his or her work
efficiency.
(2) In evaluating the work efficiency of the employee, a maximum of 100 marks shall be granted as follows:
(a) For work performance evaluation -Forty marks
(b) For seniority -Twenty marks

(c) For service in geographical
region -Twenty Five marks
(d) For educational qualificationand training -Fifteen marks (3)The allocation of marks as referred to in Sub-section (2) shall be as prescribed.
34 The evaluation of work performance by employees shall be made on the prescribed criteria.
(5) The concerned……….
35 employee who is not satisfied with the recommendation for promotion made by the promotion committee
pursuant to Sub-section (1) may file a complaint with the Public Service Commission within Thirty Five days after the date on which such recommendation is made. The complaint so made shall be settled
within Sixty days.
(6) If, in settling the complaint pursuant to Sub-section (5), it appears that an erroneous evaluation was made deliberately, the Public Service Commission may write to the Head of Department to warn the concerned employee.
29A.
36 Sheet roll/personal details to be maintained :

(1) It shall be the responsibility of the concerned Head of Department or Chief of Office to maintain accurately the sheet roll/personal details of the employees serving in his or her office. It shall be the duty of the concerned
employee to update or cause to be updated his or her personal details.
(2) If any employee who has already been a potential candidate cannot submit an application form because of being abroad in the course of a governmental business, study    or deputation or owing to a natural calamity or force majeure event, the concerned Head of Department or Chief of Office shall send the details of such an employee to the office publishing the notice for promotion within the time-limit set forth in that notice. The promotion committee shall settle promotion related acts based on the details so sent.
(3) If any candidate is proved to have submitted false details in filling up the application form for promotion, he or she shall be liable to departmental action.
30. Alteration in conditions of promotion : In making any amendment to Sections 26, 26A,
37 27, 28 and 29 or the Rules framed there under, provision shall be made so that such amendment shall come into force only on a date after One year of such amendment. 31. Change of group or sub-group :

(1) If the Government of Nepal  considers it necessary, it may, in consultation with the Public Service
Commission, change the group or sub-group of any employee from one to another group of the health service, based on the prescribed grounds.
(2) Where the Government of Nepal has sent any person holding a post in the health service to pursue study in order to acquire special qualifications, after such persons attends service following completion of study, the group or sub-group has to be changed that is related with his or her special qualifications in consultation with the Public Service
Commission.
38 (3) 39 In making change to other group or sub-group pursuant to Sub-section (1) or (2), such a change may be made only when a post in such a group or sub-group is vacant

Chapter-5 Provisions relating to nomination for study and training

Chapter-5 Provisions relating to nomination for study and training
32. Grounds for nomination for study, training or study tour : In  nominating employees for study, training or study tour, the Ministry shall make nomination from amongst the employees in the Ministry and subordinate offices within the group or sub-group of the health service based on the following grounds:
(a) The subject of study, training or study tour is useful and necessary for the group or sub-group for which the concerned employee is serving.
(b) Giving priority to the requirements prescribed for nomination for scholarship received for study, training or study tour, based on priority from amongst the employees who secure higher marks for educational qualifications, seniority, experience of service in geographical region and work performance evaluation pursuant
to Section 29.
(c) Those who have not crossed the age of Forty Five years in the case of study of bachelor, master or any educational degree.
Explanation : For the purposes of this Chapter, (1) “Study” means a study to be done for getting bachelor,
master or any educational degree in a subject concerned with the group, sub-group of the health service.
(2) “Training” means any training programme to gain skills to be operated for a certain period as per the fixed curricula by an institution, except for awarding bachelor, master or any educational degree.

(3) “Study tour” means a symposium, seminar or study tour, except a study and training, organized for a period not
exceeding Six months.
33. Priority to be given while making nomination : In making nomination of employees for a study, training or study tour abroad, generally those employees who have not got an opportunity of have foreign study; training or study tour shall be nominated based on the priority as follows, subject to Section 32. Provided that, no nomination
shall be repeated for a programme with the same standard and nature.
(a) The assistant Fifth level, officer Sixth, Seventh and Eighth level employees for study,
(b) The employees of officer Ninth level and below for training,
(c) Generally, the Chief of Office, employees of officer Tenth level and above as per the previously determined programme for study tour.
34. Disqualification for nomination : (1) The following employees shall not be eligible to be nominated for study or training:
(a) Those who are not potential candidates for promotion pursuant to Section 27 or whose grade is
withheld pursuant to this Act,
40 (b) 41 A freshly appointed and posted employee of officer level who has not served in the most remote area
for at least One year or in remote area for at least Two years and who has not served, holding the
permanent post of gazetted level of the Nepal Health Service under the Civil Service Act, 2049
(1993) prior to the commencement of the Nepal Health Service Act, 2053 (1997), in the most
remote area for at least One year or in remote area for at least Two years,
(c) 42 Where an employee mentioned in Clause (b) has not served in such area and for such period as
mentioned in that Clause, until he or she serves in such area for a continuous period as mentioned.
Provided that, in making nomination for a training which is highly technical and special nature
and for a period less than Ninety days, the ineligibility as mentioned in this Section shall not
apply.
(2) In the case of those who go for study without prior approval of the Ministry, no scholarship shall be provided by the Government of Nepal.
35. Period for which service to be done upon completion of study, training or study tour : Any employee who pursues a study, training or goes on a study tour on the nomination of the Government of Nepal
must, upon completing such a study, training or study tour, serve for upto the period as mentioned below in a compulsory manner:
Period of study, training or Minimum period for which study tour service to be done
(a) Up to Three months One year
(b) From Three months to Six months One and half year (c) From Six month to Nine months Two years
(d) From Nine months to One year Three years
(e) From One year to Two years Four years
(f) From Two years to Three years Five years
(g) From Three years to Four years Seven years
(h) From Four years to Five years Eight years
(i) From Five years to Six years Nine months
36. Bond to be executed : (1) Any employee shall, before going for  having study, training or study tour, execute a bond to the effect that he or she shall return upon completing such a study, training or study tour
and carry out service as referred to in Section 35.
(2) The format of bond to be executed pursuant to Sub-section
(1) shall be as prescribed.
(3) If any employee does not return to the service after completing the study, training or study tour or does not complete the period of service required to be carried out under Section 35, the amount of salary, allowances received by him or her during the period of the study, training or study tour and tuition fee and scholarship amount, as well, shall be realized from such employee as government dues and departmental action shall be taken against him/her.

Chapter-6 Salary, allowance, festival expenses and other facilities

Chapter-6 Salary, allowance, festival expenses and other facilities
37. Salary and allowance :

(1) An employee shall be entitled to salary and allowance, if any receivable, from the day of assumption of his or
her post.
(2) The salary and allowances receivable by the employees for their service in the health service shall be as prescribed by the Government of Nepal from time to time.
(3) Except in the circumstances stipulated in Section 39 or 73, each employee shall be entitled to an increment in salary as prescribed, upon completion of One year of service. Provided that, 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 release of withholding of increment in salary of any employee, the concerned official must mention in writing on which date the increment in salary is to be sanctioned.

38. Entitlement to earned salary and allowance :

(1) Each employee shall receive salary and allowance as well, if any receivable, upon completion of each month.
(2) Each employee shall receive his or her earned salary and allowance as well, if any receivable, even if he or she is relieved of the service for any reason whatsoever.

(3) Except as provided in this Act or the Rules framed hereunder, no salary of any employee shall be deducted.
(4) The salary to which any employee is entitled shall not be withheld during the period he or she is serving or is on leave.

39. Crossing of efficiency bar : No employee shall be deemed to have crossed the efficiency bar until the Secretary at the Ministry, in the case of an officer employee, and the Authority, in the case of an assistant
employee, mention in writing that such employee is eligible to cross the efficiency bar.

40. Salary receivable in the event of suspension :

(1) If any employee is suspended in connection with any governmental business or as a result of an action taken on behalf of the Government of Nepal, such employee shall receive only half of his salary during the period of such
suspension.
Provided that, if the charge against him or her is not proved and he or she is acquitted of the charge, he or she shall receive the salary less the half salary, if any, he or she has received during the period of suspension and the full salary (including increment in salary, if any, to be made) and the festival expenses if he or she has not received the
half salary. If he or she is convicted, he or she shall not be entitled to the remaining salary from the date of such suspension.
(2) If any employee is suspended for any reason other than that mentioned in Sub-section (1), he or she shall not be entitled to any salary for the period of such suspension.

41. Deposit of contribution to Employee Provident Fund : An amount at the rate of Ten percent of the monthly salary of the employee

shall be deducted, and the Government of Nepal shall, adding the amount of One Hundred percent thereof to such amount, deposit the total amount in the Employee Provident Fund.

46 Festival expenses and other facilities :

(1) An employee of the health service shall, each year, receive an amount equivalent to the
salary of One month being earned by him or her as the festival expenses, for a festival which he or she observes according to his or her religion, culture and traditions.
(2) The employees who have retired with person shall receive an amount equivalent to the pension of one month being received by him or 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, children allowance, infant care allowance or other facilities to be receivable by the employees of the health service shall be as prescribed. Provisions relating to insurance facility :

(1) If an employee dies while in service, his or her near heir shall be provided with a lump sum of One Hundred Fifty Thousand Rupees for insurance.
(2) The Government of Nepal shall establish a fixed term (Sabadhik) life insurance fund. A sum of Two Hundred Rupees shall be deducted from the monthly salary of each employee and deposited in
that fund, and the Government of Nepal shall add the amount equal thereto and make the Twenty-year term life insurance for the insured sum of One Hundred Thousand Rupees. From the amounts deposited in
that insurance fund, the insured sum and bonus shall be paid to the employee at the time of his or her retirement.

(3) If any employee who has made deduction pursuant to Sub- section (2) takes compulsory retirement from the service prior to the completion of twenty years of service period, the following amount shall be provided to him or her:
(a) Ten Thousand Rupees in the event of deduction of amount for a period less than One year,
(b) Twenty Five Thousand Rupees in the event of deduction of amount for One year to Five years,
(c) Fifty Thousand Rupees in the event of deduction of amount for Five years to Ten years,
(d) Seventy Five Thousand Rupees in the event of deduction of amount for Ten years to Fifteen years,
(e) One Hundred Thousand Rupees in the event of deduction of amount for up to Twenty years,
Provided that, if the amount deposited by him or her and interest thereon, dividend exceeds the
said amount, the amount equivalent thereto shall be provided from the said fund.
(4) If any employee who has made deduction pursuant to Sub- section (2) takes retirement from the service for any reason whatsoever, except in the event of compulsory retirement or death of that employee prior to the completion of twenty years of service period, an amount equal to the surrender (Samarpan) value shall be provided to such an
employee.
(5) Notwithstanding anything contained in Sub-sections (2) or
(3), an employee retiring from the health service may give continuity in such a manner as to mature the amount deposited by him or her for the term life insurance within a period of Twenty years or less. Provided that, the Government of Nepal shall not bear any amount for the same.
(6) Other provisions relating to the term life insurance fund shall be as prescribed.
44. Special provisions on incapable employee : If the medical board formed by the Government of Nepal certifies that any employee is not capable because of a physical or mental disease to carry out functions
regularly, the Government of Nepal may retire him or her by adding a maximum service of Seven years to his or her service period.

Chapter-7 Retirement, gratuity and pension

Chapter-7 Retirement, gratuity and pension
45. Compulsory retirement :

(1) Any employee who has completed the vage of Sixty years or the tenure as referred to in Section 19 shall ipso
facto retire from the service.
(2) Notwithstanding anything contained in Sub-section (1), if the Government of Nepal needs the expert service, it may add the service period of an employee who retires on completion of the age of Sixty years, for maximum period of Three years.
(3) Even the employees who are incumbent in service on the extension of their tenure after completion of the thirty-year service period pursuant to the Civil Service Act, 2049 (1993) may hold office in the health service until they complete the age of Sixty years.

(4) For purposes of this Section, the age of an employee shall be calculated as follows:
(a) The age to be set from the birth day or year inscribed in the certificate of educational institute
submitted by him or her at the time of joining the service,
(b) Failing the records as referred to in Clause (a), the age to be set from the birth day or year inscribed in
the sheet roll/personal details filled up by him or her at the time of joining the service.

46. Voluntary retirement : Any employee who is eligible to receive pension and has completed the age limit of Fifty years 48 may voluntarily retire from the service on such terms and within such period as set forth and specified in a Notification published by the Government of Nepal in the Nepal Gazette. A service period not exceeding Seven years shall be added and the total service period shall be fixed for pension in such a manner that the age does not cross Sixty years.

47. Gratuity :

(1) If any employee, who has served for Five years or more in the health service but has not completed the period required for pension, retires or leaves service by getting resignation accepted or is +removed from the post without being disqualified for government service in the future, he or she shall receive gratuity at the following
rate:
(a) In the case of the employee who has served in the health service from Five years to Ten years, half the
last month’s salary for each year of his or her service,
(b) In the case of the employee who has served in the health service for more than Ten years up to fifteen
years, the last one month’s salary for each year of his or her service,
(c) In the case of the employee who has served in the health service for more than Fifteen years but less
than Twenty years, the last one and half month’s salary for each year of his or her service.
(2) Notwithstanding anything contained in Sub-section (1), no gratuity shall be paid to any employee who is proved to have lied about citizenship or age or qualification with the intention of entering into or
continuing to hold the health service, and such employee shall be subject to punishment pursuant to the prevailing law.

48. Pension : (1) An employee who has been in the health service for a period of Twenty years or more shall be entitled to a monthly pension  at the following rate:
Total year of service × amount of the last salary 50 Provided that:
(1) No employee who has been dismissed from the service with being disqualified for government
service in the future shall be entitled to the pension pursuant to this Section.
(2) No pension shall be paid to any employee who is proved to have lied about citizenship or age or
qualification with the intention of entering into or continuing to hold the health service; and such
employee shall be subject to punishment pursuant to the prevailing law.
(2) Notwithstanding anything contained in Sub-section (1), the minimum amount of pension shall not be less than half the amount of basic figure of salary of the incumbent employee of the same post and more than the basic scale of the incumbent employee of the same post.
(3) If any employee who was in the Nepal Health Service pursuant to the Civil Service Act, 2049 (1993) and has now been changed to the health service as referred to in this Act completes the term and gets retired pursuant to Section 19, his or her total service period shall be fixed by adding such period as is required for him or her
to complete Sixty years of age. (3a)
50 If any employee who has completed a service period of Fifteen years but not Twenty years dies, a maximum period of Five years shall be added to his or her service period, and his or her family shall be allowed to receive either pension or gratuity, whichever that family chooses.

(4) If any person who is receiving pension on account of his or her earlier service in any government post is appointed to the health service post later, he or she shall be entitled to pension pursuant to this
Section, with the addition of the period of his or her earlier service to that of his or her subsequent service.
(5)
51 If an employee who has continuously served in a post under development positions prior to 14 Jestha 2054 been appointed to a post under regular positions wishes to obtain pension, pension shall be
provided to that employee by adding such additional service period, out of his or her service period under the development positions, as may be required for pension.

49. Increment in pension : Where the salary of the incumbent employee is increased, Two-third amount of the increment in the basic figure of salary shall also be added to the amount of pension of the retired employee of the same post.

50. Family pension and gratuity : (1) If any employee dies while in service or prior to completion of Seven years after he or she started to  receive pension, a gratuity or pension as provided for in Section 47 or
48 shall be provided to his or her family or minor brother or unmarried sister.
Provided that, in the case of pension, such pension shall not be available for more than Seven years. No pension shall be provided to the family of the employee, who died prior to the completion of Seven years after he or she started to receive pension, after completion of Seven years.
(2) Notwithstanding anything contained in Sub-section (1), if the recipient of such pension is a minor, he or she shall be entitled to such pension until he or she attends majority.
(3) The widower husband or widow wife of an employee shall be entitled, for life, to half the amount of pension receivable by such employee from the date of expiration of the period during which such widower husband or widow wife is entitled to family pension pursuant to Sub-section (1) by reason of the death of her husband or his wife
while in service or prior to completion of Seven years after he or she started to receive pension and from the date of death of such employee where such widower husband or widow wife is not entitled to such family pension or where his wife or her husband dies after completion of Seven years after he or she started to receive pension.
(4) Where the salary of incumbent employee is increased, the Two-thirds of the total amount increased in the figure of basic salary shall also be added to the amount of family pension of the person receiving family pension pursuant to Sub-sections (1), (2) and (3).
(5) If any employee dies prior to receiving any amount to which that employee is entitled under this Act, such amount shall be paid to the person from amongst his family members who is held to be entitled to the gratuity or pension of that employee pursuant to this Act.
(6) In providing gratuity or pension, if the deceased employee has nominated any member of his or her family or his or her minor brother or unmarried sister, gratuity or pension shall be provided to such person, and if, for any reason, gratuity or pension cannot be provided to such person or if nobody has been nominated, it shall be provided to the nearest heir from amongst the members of his or her family.

51. Reference of salary :

(1) Wherever in this Chapter and in Chapter-6, a reference of salary is made, it shall mean the concerned employee’s
salary amount (including salary increment) for the time being.
(2) For purposes of Sections 47 and 48, the term “last salary” shall mean the concerned employee’s salary at the time of his/her retirement, and if any employee has been on extra-ordinary leave or under suspension at the time of such retirement, the amount of full salary shall be computed even for such period.

Chapter-8 Conduct

Chapter-8 Conduct
52. Punctuality and regularity :

Each employee must attend his/her office regularly during the time appointed by the Government of Nepal
and must not remain absent from the duty without having prior sanction of leave as far as possible.

53. Discipline and obedience :

(1) An employee must remain in discipline and perform his/her duties with honesty and promptness.
(2) An employee must expeditiously carry out any orders given   by his or her superior officer on matters relating to governmental  business.
(3) An employee must show due respect to all the employees superior to him or her and treat his or her subordinate employees properly.

54. Restriction on using political or undue influence : No employee shall, with intention to satisfy his or her personal interests on matters relating to his/her service, exert or attempt to exert any political or other undue influence upon any other employee.

55. Restriction on taking part in politics : No employee shall canvass, make speech for or against any political party or organization or take part in politics making speeches.

56. Restriction on criticizing Government : (1) No 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 the Government of Nepal or to undermine the mutual relationship between the 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 the Government of Nepal.

57. Restriction on publishing news relating to governmental business : No employee shall, without being authorized by the 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 or 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 or her. This restriction shall also be applicable to a person who has been relieved of the government service for any reason whatsoever.

58. Restriction on receiving gift, present, donation etc. and borrowing : (1) No employee shall, without prior approval of the 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 employee happens to receive any present from any foreign government or any representative of such foreign government, he/she must inform the Government of Nepal about it and shall act
accordingly as sanctioned.

59. Restriction on establishing and operating company and carrying on trade or profession and doing private practice :

(1) No employee shall, without prior approval of the Government of Nepal, carry out the following acts:
(a) To participate in the establishment, registration or operation of any bank or company or to open and
operate any health clinic or private hospital or nursing home or work in such health clinic or
private hospital,
(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), an employee may carry out any literary, scientific or artistic works in a manner not to be contrary to the policies of the Government of Nepal.

60. Restriction on taking part in election : No 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.

61. Restriction on agitation and strike : No 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 Nepal, the law
and order situation of the country, external relations and public decency and make contempt of court, create hatred among the peoples of various castes, tribes, religions, classes, regions and communities or
cause obstruction with performing one’s functions and duties or entice any one else to commit such act.

62. Restriction on staging strike, detention and Gherao : No 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.

63. Restriction on doing act recklessly or with ulterior motive : No employee shall, in rendering health services to a patient in the course of performing his or her duties, so act recklessly or with ulterior motive as
likely to cause loss or damage to the body of the patient.

64. Restriction on making representation : No employee shall make representation on behalf of any person or group, except for making petition to the concerned body or official either by him or herself or
through his or her attorney in respect of any grievance caused to him or her.
Provided that, this Act shall not be deemed to bar the making representation on behalf of a professional organization of employees recognized by the Government of Nepal and the performing of any act
required to be preformed based on the duties of the post of the employee.

65. Membership of association : (1) No employee shall, without prior
approval of the Government of Nepal, become a member of any kind of organization, other than a professional organization registered pursuant to the prevailing law.
(2) Notwithstanding anything contained in Sub-section (1), nothing contained in this Section shall be deemed to prevent an employee from becoming a member of his/her professional and other social organization in a manner not to be contrary to the policies of the Government of Nepal.
66. Statement of property : Each employee must submit a statement of his/her property; and if the statement so submitted is held to be false, action shall be taken pursuant to the prevailing law.
67. To keep conduct compatible with own service and post : Each employee must also keep his/her conduct compatible with his/her service and post.
68. Powers to warn : If any 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.

Chapter-9 Service security

Chapter-9 Service security
69. Security of service of employee : No employee, other than the following employee, shall be removed or dismissed from the service without providing him/her with a reasonable opportunity to furnish proofs for his/her defense:
(a) Who has been convicted by a court of a criminal offence involving moral turpitude,
(b) Who is holding a temporary post,
(c) Who has disappeared and whose whereabouts are not known or there are sufficient grounds that it is not possible to establish contact with him/her,
(d) Whose name registration has been cancelled by the health related professional council established pursuant to the prevailing law.

70. Saving of employee :

(1) No case may be instituted against any employee in respect of any government business performed by him/her
considering it to be the carrying out of the duties of his/her post, without fulfilling the procedures as mentioned in Sub-section (2).
(2) In order to institute a case against any employee pursuant to Sub-section (1), an approval of the Attorney General shall be required in the case of a state case and that of the Authority shall be required in respect of the other case; and the following matters have to be observed in respect of a civil case:
(a) A written notice stating the reasons for instituting the case and the name and address of the plaintiff
and of his/her attorney, if any, has been delivered to the Authority or the concerned employee or sent by
post through a registered mail and a copy of such notice has been submitted to His Majesty’s
Government.
(b) The case has been filed within Eight months from the date of cause of action.
Provided that, nothing contained in this Sub- section shall be considered to institute a case
against an employee who has cause physical loss and damage to any person as a result of his or her
act done recklessly or with ulterior motive and claim for compensation pursuant to the prevailing
law.
(3) In respect of any act performed by any employee in the course of discharging the duties of his/her post while he/she was incumbent, no case may be instituted against him or her without the approval as referred to in Sub-section (2) even after the termination of his or her service.
(4) If the Government of Nepal gives approval to institute a case pursuant to Sub-section (3), the Government of Nepal shall defend on his or her behalf.

71. Security of conditions of service : The conditions of service relating to salary, gratuity, pension and other facilities of any employee prevailing at the time of his/her appointment shall not, without his/her consent, be so altered as to cause adverse effects on him/her. If any subsequent amendment causes adverse effects, in any manner, on such
conditions of service of any employee who is already incumbent prior to such amendment, such amended provisions shall not be applicable to  him/her in absence of his/her written consent agreeing to the application of such provisions.

Chapter-10 Punishment and appeal

Chapter-10 Punishment and appeal
72. Punishment : An employee may be subjected to the department punishment as follows if there exist appropriate and sufficient reasons:
(a) Ordinary Punishment 52 :
(1) Censure,
(2) Withholding of promotion for up to Two years,
(3) Withholding of a maximum of Two salary increments,
(4) Withholding of promotion for up to Five years,
(5) Withholding of a maximum of Five salary increments,
(6) Demoting to the basic scale of the post.
(b) Special punishment:
(1) Removal from service, without being disqualified for
government service in the future.
(2) Dismissal from service, with being disqualified for
government service in the future.
73. Censure or withholding of promotion for up to Two years or withholding of a maximum of Two salary increments : Punishment of censure or withholding of promotion for up to Two years or withholding of a maximum of Two salary increments may be imposed on an employee, in any of the following circumstances:
(a) If he or she commits breach of discipline for more than One time,
(b) If he or she violates the matters relating to conduct mentioned in this Act and the Rules framed hereunder,
(c) If he or she fails to hand over the charges pursuant to the prevailing law,
(d) If he or she is given warning for up to Two times a year under Section 68,
(e) If he or she fails to settle advances pursuant to the prevailing law,
(f) If he or she fails to observe any direction given by the official superior to him or her in respect of his or her frequent disregard of grievances and complaints of the stakeholders,
(g) If the office-bearer obliged to enforce, or cause to be enforced,
the job description fails to do so.
73A. 54 Withholding of promotion for up to Five years or withholding of a maximum of Five salary increments or demoting to the basic scale of the post : Punishment of withholding of promotion for up to Five years or withholding of a maximum of Five salary increments or demoting to the basic scale of the post held by him or her
may be imposed on an employee, in any of the following circumstances:
(a) If he or she frequently commits breach of discipline, 54 Inserted by Nepal Health Service (Third Amendment) Act, 2063.
(b) If he or she fails to fulfill the duties of the post specified by this Act or the prevailing law in a responsible manner,
(d) If he or she fails to observe any direction given in respect of irregularities found from management audit.

74. Removal or dismissal from service :

(1) An employee may be removed from serve, without being disqualified for the health service in
the future, in any of the following circumstances:
(a) If the employee acts recklessly or with ulterior motive,
(b) If the employee fails to perform the duties or responsibilities of his or her post,
(c) If he or she frequently violates the matters relating to conduct,
(d) If he or she frequently consumes alcoholic substances during the office hours,
(e) If he or she frequently commits acts of indiscipline,
(f) If he or she takes part in politics,
(g) 55 If he or she is given censure for more than Two times in relation to failure to maintain discipline and
obedience as referred to in Section 53,
(h) If he or she absents himself or herself from his or her office continuously for Ninety days without
having sanction of a leave,
56 If he or she does not attend the office where he or she has been posted or deputed and carry out
functions,
(j) If he or she does no serve for the period as specified pursuant to Section 35.
(2) An employee may be dismissed from service, with being disqualified for the health service in the future, in any of the following circumstances:
(a) If he or she is convicted by a court of a criminal offence involving moral turpitude.
(b) If he or she commits corruption.
74A. 57 Special provisions relating to departmental action and punishment : Notwithstanding anything contained elsewhere in this Act, if, pursuant to the Commission for the Investigation of Abuse of Authority Act, 2048 (1991), that Commission, and, pursuant to the prevailing law, the concerned body writes for departmental action
against any employee, departmental punishment must be imposed accordingly, after fulfilling the required procedures.
75. 58 Departmental punishment awarding official :

(1) The Authority shall have the powers to issue order of punishment to the employees.
(2) Without prejudice to the generality of the powers conferred by Sub-section (1), the official to award punishment to the employees shall be as prescribed.
76. Appeal against order of departmental punishment : (1) Such
employee may make an appeal to the Administrative Court formed
pursuant to Sub-section (1) of Section 69 of the Civil Service Act, 2049
(1993) against an order of special punishment issued by the official
authorized to issue order of departmental punishment pursuant to Sub-
clause (1) or (2) of Clause (b) of Section 72.
(2) If any employee is reinstated by virtue of the final settlement
of an appeal pursuant to this Section in respect of such employee, his or
her service shall not be restated if he or she does not come to attend
office within Three months of the date of receipt of the notice of that
decision.
(3) If the appellant so desires, he/she may appear on the
appointed dates in person or by attorney and appoint a legal practitioner
for pleading.
77. 59 Delegation of powers to award departmental punishment and
hear appeal : The Government of Nepal may, by a Notification in the
Nepal Gazette, delegate the powers of any official empowered to issue
order of punishment pursuant to Section 75 to any other official
specified in that Notification, to be exercised for such period as
specified in that Notification.
78. Powers to suspend : (1) If the investigation of any charge mentioned
in Section 74 is to be conducted in respect of any employee, the official
empowered to issue order of punishment may suspend such an
employee until the conclusion of the investigation.
Provided that, generally suspension shall not be ordered unless
the following circumstance exists:
(a) Where there is a possibility that he/she can collect
false evidence or conceal any evidence against
him/her if he or she is not suspended and is allowed
to carry out the duties of his or her post, or
(b) Where there is a possibility of governmental loss or
damage if he or she is not suspended and is allowed
to carry out the duties of his/her post.
(2) The official empowered to issue order of punishment to an
employee may give a notice of the charge to him/her on his/her removal
or dismissal from service, and may also suspend him/her.
(3) In suspending any employee pursuant to Sub-section (1),
he/she must not be suspended ordinarily for more than Two months.
The action against the employee must be completed within that period.
If such action cannot be completed within that period because of the
occurrence of any extra-ordinary circumstance and the period of
suspension has to be extended, the period of suspension may be
extended for up to one month with the prior approval of the Authority.
(4) Any employee arrested and detained for a criminal charge
involving moral turpitude shall be deemed to have ipso facto been
suspended during the period of such detention.
79. Termination of suspension : If any employee is reinstated in his or
her post or he or she is removed or dismissed from service, his or her
suspension shall stand terminated.
80. Providing opportunity for defense : (1) The official empowered to
issue order of departmental punishment must, prior to issuing an order
of punishment to any employee, serve on him or her a notice,
explaining the reason for taking such action and give an opportunity to
defend him/herself within a reasonable time limit. In giving such
opportunity, the charge against him/her must be clearly indicated and
the facts and grounds on which each charge is based must be specified.
In such case, the concerned employee must also submit his or her
defense within the time limit.
(2) The official empowered to issue order of departmental
punishment may, if he or she thinks it necessary, conduct an
investigation either by him or herself or through any other officer. The
officer conducting the investigation must follow the prescribed
procedures.
81. To propose punishment prior to issuance of order of special
punishment : If the concerned employee does not submit defense
under Section 80 or if the defense submitted by such employee is not
satisfactory, the official empowered to issue order of departmental
punishment must, prior to issuing an order of special punishment, ask
such employee to furnish an explanation why the proposed punishment
intended to be imposed on him/her should not be imposed on, within a
reasonable time limit in this respect.
82. Seeking consultation of Public Service Commission : If it appears
that the defense submitted under Section 80 or the explanation
furnished under Section 81 by the concerned employee in the course of
action on departmental punishment is not satisfactory and punishment
is to be imposed on such employee, the official empowered to issue
order of departmental punishment must propose the punishment
intended to be imposed on that employee and seek consultation of the
Public Service Commission.
83. Procedures for seeking consultation of Public Service
Commission : (1) In writing to the Public Service Commission under
Section 82 in respect of departmental punishment against any
employee, all related documents showing that why such departmental
punishment is intended to be awarded for what offense and explanation,
if any, furnished on behalf of the concerned employee have to be
submitted to the Public Service Commission.
(2) In the event of requirement of any details on the employee, in
addition to the documents received pursuant to Sub-section (1), the
Public Service Commission may seek the same from the concerned
official; and it shall be the duty of that official to provide the details
sought by the Public Service Commission.
84. Not to remain in service : (1) The following employees shall cease
to hold office in the following conditions:
(a) In the event of holding a post with fixed term, on
termination of the term of that post,
(b) Where the employee has gone away and whose
whereabouts are not known or there is adequate
ground that it is not possible to establish contact
with him or her,
(c) Where the name registration is cancelled by the
health related professional council established
pursuant to the prevailing law.
(2) The Authority shall give information that he employee ceases
to hold office in the service in circumstances of Clauses (b) and (c) of
Sub-section (1).
85. Decision not to be affected : No decision shall be affected by any
minor error which does not cause substantial effects on the action
against any employee conducted by the competent authority pursuant to
this Act or the Rules framed hereunder

Chapter-11 Miscellaneous

Chapter-11 Miscellaneous
86. Leave to which employee is entitled :

The 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)
60 Maternity Care Leave;
(e) Obsequies Leave;
(f) Study Leave;
(g) Extra-ordinary Leave;
(h) Substitute Leave;
(i) Extra Service Leave.
86A.
61 Period of absence not to be included in service period :

(1) Any employee who does not attend his or her office without obtaining a leave shall be marked with absentee and his or her salary shall be deducted and he or she shall also be liable to departmental punishment.
The period of such absence shall not be included in his or her service period.
(2) No official shall allow an employee who remains absent for a  period of more than Sixty consecutive days without having a leave sanctioned to make attendance.
(3) If any official allows any employee to make attendance in contravention of Sub-section (2), the official shall be liable to departmental action and the salary, and allowance as well received by that employee shall be recovered from such an official as government dues.
86B.
62 Entitlement to facilities pursuant to the Civil Service Act, 2049 (1993): Notwithstanding anything contained elsewhere in this Act, if provisions are made under the Civil Service Act, 2049 (1993) for more
facilities than those set forth in this Act in relation to salary, allowances, leave, gratuity and pension to the civil employees, such provisions shall also apply to the employees of the health service.
87. Reward :

(1) A reward of Five salary increments shall be given to an employee who has secured most excellent marks in the work performance evaluation form pursuant to the Rules framed under this Act continuously for the minimum service period required for becoming a potential candidate for promotion to the post that is one
level higher than the level in which the employee is incumbent but he or she has not been able to get place in promotion. Such amount of reward, accompanied by a letter of appreciation, shall be provided by a
decision of the Head of Department.
(2) If the addition of salary increment given pursuant to Sub- section (1) is above the last salary scale of the concerned employee, the amount of such excess salary increment shall be provided by adding the
same to the monthly salary receivable by him/her.
88. 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 employees in
service in different bodies of the Ministry of Health 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 employee, it may also recommend such action; and it shall submit an annual report thereof to
the Government of Nepal.
89. Change of service : All employees holding office in the group or sub- group of the Nepal Health Service pursuant to the Civil Service Act, 2049 (1993) and the rules framed thereunder and the prescribed posts related with the health service under the miscellaneous service, 63 prior to the commencement of this Act shall be deemed to have been changed to and hold respective posts in the respective group and sub-group of the health service formed pursuant to this Act
90. ……………….
64
91. Calculation of service period : In calculating the service period of an employee for purposes of this Act, the entire period of the employee holding office permanently in the Nepal Health Service pursuant to the
Civil Service Act, 2049 (1993) prior to the commencement of this Act shall be calculated in the health service under this Act.

92. Full salary and allowance to be received on being reinstated in health service :

(1) If any employee is re-instated in the health service upon annulment by the court of the order of his or her retirement, removal or dismissal from health service, such employee shall be entitled to the salary, allowances, festival expenses
65 as well as increment in salary, if any, receivable, from the date of his or her retirement, removal or dismissal from health service to the date of his or her re-instatement in the health service.
(2) If any employee who was retired or removed or dismissed from civil service pursuant to the Civil Service Act, 2049 (1993) and the Civil Service Rules, 2050 (1994) prior to the commencement of this Act is reinstated in the service by a court order, such employee shall also be entitled to the salary, allowance, festival expenses
66 and increment in salary pursuant to Sub-section (1).

93. Delegation of powers :

(1) The Government of Nepal may, by a notification in the Nepal Gazette, delegate the powers conferred to it
pursuant to this Act to any official specified in that notification.
(2) The official may so delegate any powers conferred to him/her pursuant to this Act to any of his or her subordinate employee that such powers are to be exercised under his or her general direction.
94. Handing over charge : Any 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.

95. Power to frame Rules :

The Government of Nepal may, in order to implement the objectives of this Act, frame necessary Rules.
96. Repeal and saving : (1) Clause (j) of Section 3 of the Civil Service Act, 2049 (1993) is, hereby, deleted.
(2) All the acts done and actions taken in respect of the employees of the Nepal Health Service pursuant to the Civil Service Act, 2049 (1993) and the Rules framed thereunder shall be deemed to have been done and taken under this Act. Note bene:
1. Words converted by the Nepal Health Service (Third Amendment) Act, 2063 (……):
Conversion of words has been made by substituting the words “Ayurvedic doctor” for the words “officer Kaviraj” appearing in various places of the Principal Act.
2. Words converted by Some Nepal Acts Amendment Act, 2063- The words “His Majesty the Government” has been converted by “Government of Nepal”

Karnali Academy of Health Sciences Act, 2068 (2011)

Karnali Academy of Health Sciences Act, 2068 (2011)
Date of Authentication and Publication
2068/7/3 B.S. (20 Oct. 2011 A.D.)
Act Number 9 of the Year 2068 (2011)
An Act to make provisions relating to
Karnali Academy of Health Sciences
Preamble : Whereas, it is expedient to establish and operate the Karnali Academy of Health Sciences to provide the health services in the backward (Pichhadiyako) areas in a easy way, conduct high standard study and research
activities, to produce skilled human resource necessary in the Health Sciences area and to provide health services to the general public by strengthening health service;
Now, therefore, be it enacted by the Constituent Assembly in the capacity of the Legislature-Parliament pursuant to Article 83 of the Interim Constitution of Nepal, 2063 (2007).

Chapter 1 Preliminary

Chapter 1 Preliminary
1. Short Title and Commencement:

(1) This Act may be called as “Karnali Academy of Health Sciences Act, 2068 (2011)”.
(2) This Act shall come into force immediately.
2. Definitions : Unless the subject or the context otherwise requires, in this Act: –
(a) “Hospital” means the Hospital established pursuant to Section 16.
(b) “Hospital Management Committee” means Hospital Management Committee established pursuant to Section 17.
(c) “Vice Chancellor” means the Vice Chancellor as referred to in Section 20.
(d) “Executive Council” means the Executive Council as referred to in Section 11.
(e) “Chancellor” means the Chancellor as referred to in Section  18.
(f) “Selection Committee” means the Selection Committee as referred to in Section 13.
(g) “Dean” means the Dean as referred to in Section 23.
(h) “Prescribed” or “as prescribed” means prescribed or as prescribed in the Rules framed under this Act.
(i) “Director” means the Director as referred to in Section 24.
(j) “Backward Area” means the following districts of the following zones:-
(1) All districts of Karnali Zone,
(2) Jajarkot district of Bheri Zone, and
(3) Bajura, Bajhag and Accham districts of Seti Zone.
(k) “Academy” means the Karnali Academy of Health Sciences established pursuant to Section 3.
(l) “Academic Council” means the Academic Council as referred to in Section 9.
(m) “Registrar” means the Registrar as referred to in Section 22.
(n) “Teacher” means a person appointed for providing education or conduct research in the Academy.
(o) “Rector” means the Rector as referred to in Section 21.
(p) “Educational Institution” means Educational Institution as referred to in Section 15.
(q) “Senate” means Senate of the Academy as referred to in Section 7.
(r) “Pro-Chancellor” means the Pro-Chancellor as referred to in Section 19

Chapter 2 Establishment, Structure and Functions, Duties and Powers of the Academy

Chapter 2 Establishment, Structure and Functions, Duties and Powers of the Academy
3. Establishment of the Academy :

(1) The Karnali Academy of Health Sciences is, hereby, established to provide the health services
in the backward (Pichhadiyako) areas in a easy way.
(2) The Central Office of the Academy shall be located in Jumla district.
(3) The Academy shall be known as Karnali Academy of Health Sciences in English language.

4. Academy to be Autonomous Corporate Body :

(1) The Academy shall be an autonomous corporate body with perceptual succession.
(2) The Academy shall have a separate seal of its own for all of its business.
(3) The Academy may, like an individual, acquire, use, sell or otherwise dispose of movable and immovable property.
(4) The Academy may, like an individual, sue and may be sued in the same name.
(5) The Academy may, like an individual conduct contract, use powers and obey responsibility as per the contract.
5. Structure of the Academy : The organization of the Academy shall be as follows and their collective form shall be the structure of the
Academy:
(a) Senate,
(b) Academic Council,
(c) Executive Council,
(d) Selection Committee,
(e) Education Council,
(f) Faculty,
(g) Research Centre,
(h) Educational Institution,
(i) Hospital,
(j) Other bodies as prescribed.

6. Functions, Duties and Powers of the Academy :

(1) The Academy shall have following Functions, Duties and Powers,-
(a) To carry out study, teaching, training and research in various health related subjects in the
backward areas,
(b) To provide qualitative and accessible health services,
(c) To conclude an agreement with National and International University, Educational Institution
or Hospital for the operation of study, teaching, training and research in the various subjects of
health,
(d) To produce skilled human resource necessary for the qualitative health services,
(e) To maintain co-ordination with National and International University, Educational Institution
or Hospital for the strengthening various programmes to be operated by the Academy and
upgrading quality of such programmes,
(f) To maintain relation, extent and upgrade with National and International University, Academy
and International Institution related to Health and exchange mutual assistance,
(g) To organise or cause to organise workshop, conference, seminar, interaction, health camp and
research in the various subjects of health,
(h) To publish or cause to publish various book, leaflet, pamphlet, awareness poster relating to
Health,
(i) To carry out or cause to carry out other functions as prescribed.
(2) The functions, duties and powers of the Academy shall be exercised and followed by through the organisation of the Academy.

Chapter 3 Constitution, Functions, Duties and Powers of the Senate

Chapter 3 Constitution, Functions, Duties and Powers of the Senate
7. Constitution of the Senate :

(1) There shall be a Senate to function as the supreme body of the Academy.
(2) The constitution of the Senate shall be as follows: –
(a) Chancellor Chairperson
(b) Pro-Chancellor Vice-Chairperson
(c) Member, National Planning  Commission (Looking after Health
sector) Member
(d) Vice-Chancellor Member
(e) Two person from amongst Vice-Chancellors of Universities
and Academies which provide higher education related to Health
Sciences as nominated by the Senate on the recommendation of
Executive Council Member
(f) Secretary, Ministry of Health and Population Member
(g) Secretary, Ministry of Finance Member
(h) Secretary, Ministry of Education and Sports Member
(i) Rector Member
(j) One person from amongst Deans nominated by the Senate Member
(k) Director Member
(l) President, Jumla District Development Committee Member
(m) Two persons including at least a women from amongst Teachers
nominated by the Executive Council on the recommendation Academic Council Member
(n) One person from amongst Chief of the Educational Institutions Member
nominated by the Senate on the recommendation of Executive Council
(o) Four persons from amongst Dalit, Aadibasi/janjati or backward group
including at least Two female nominated by the Senate on the recommendation of Executive
Council Member
(p) One person from amongst donors nominated by the Senate on the recommendation of Executive
Council Member
(q) One person from amongst the working employees in the Academy
nominated by the Senate Member
(r) Two persons from amongst the people who have made substantial contribution in the development of
the backward area including at least a female nominated by the Senate on the recommendation of
Executive Council Member
(s) Registrar Member-Secretary (3) The tenure of office of the nominated members as referred
to in Sub-section (2) shall be Three years.
(4) In case the office of the nominated members falls vacant for any reason whatsoever, another person shall be nominated for the remaining term having fulfilled the same process.
(5) The procedures relating to the meetings of the Senate shall be as prescribed.
8. Functions, Duties and Powers of the Senate: The functions, duties and powers of the Senate shall be as follows:
(a) To approve policies, plans and programmes of the Academy,
(b) To approve annual budget of the Academy,
(c) To approve Rules of the Academy,
(d) To award scholarships, degrees, certificates, medal and prize to be conferred by the Academy,
(e) To award honorary degrees as prescribed,
(f) To guide and provide necessary direction to various bodies under the Academy,
(g) To submit necessary recommendation to the Government of Nepal while formulating National Health and Educational Policy,
(h) To approve annual report of the Academy,
(i) To discuss on audit report and to approve it,
(j) To manage or cause to manage relating to establishment of Educational Institutions as per necessary,
(k) To perform other functions as may be prescribed.

Chapter 4 Constitution, Functions, Duties and Powers of Academic Council

Chapter 4 Constitution, Functions, Duties and Powers of Academic Council
9. Constitution of Academic Council :

(1) There shall be an Academic Council to manage and regulate the educational, academic
and research functions of the Academy.
(2) The Academic Council shall be constituted as follows:
(a) Rector Chairperson

(b) Five persons from amongst Chairperson of various Subject Committees of the Academy
nominated by the Senate on the recommendation of Executive Council Member
(c) Director Member
(d) Heads of the Curriculum and Examination Department of the Academy Member
(e) Two persons including at least One women from amongst Teachers nominated by the
Senate on the recommendation of Executive Council Member
(f) Two persons including at least One woman from amongst the persons who have made substantial contribution in the field of Health nominated by the Senate on the recommendation of Executive Council Member
(g) The Dean designated by the Vice- Chancellor from amongst the Deans Member- Secretary
(3) The tenure of office of the nominated members as referred to in Sub-section (2) shall be Three years.
(4) In case the office of a nominated member falls vacant for any reason whatsoever, another person shall be nominated for the remaining term having fulfilled the same process.
(5) Procedures relating to the meetings of the Academic Council shall be as prescribed.
10. Functions, Duties and Powers of the Academic Council : The  functions, duties and powers of the Academic Council shall be as follows:–
(a) To formulate necessary policies, plans and programmes to systematise and regularise the educational, academic and research functions and submit for the approval in the Senate,
(b) To operate or cause to operate study and research programmes to award education in different subjects and
levels relating to Health Sciences,
(c) To determine the qualification of the Teachers necessary for the Academy,
(d) To approve curriculum and set the standard of study, research, training and orientation to be operated by the
Academy,
(e) To select the students,
(f) To fix the standards of examination,
(g) To conduct examination and publish result,
(h) To recommend to Senate for degrees to the students who get
success in the study programme conducted by the Academy,
(i) To recommend to Senate for honorary degrees, scholarship,
medal and prize to be conferred by the Academy,
(j) To prepare standard text books,
(k) To evaluate study, research, training and orientation
programme to be operated by the Academy,
(l) To determine the fees to be charged for study, training and
research,
(m) To implement and execute the decision of Senate relating to
Academic Council and to monitor,
(n) To perform such other functions as prescribed.

Chapter 5 Constitution, Functions, Duties and Powers of Executive Council

Chapter 5 Constitution, Functions, Duties and Powers of Executive Council
11. Constitution of Executive Council :

(1) There shall be an Executive Council to act as the executive body of the Academy.
(2) The Executive Council shall be constituted as follows:
(a) Vice-Chancellor Chairperson
(b)  Rector Member

(c) One person from amongst the Deans  Member
(d) One person from amongst the Chiefs of the Educational Institutions who is a member of
Senate  Member
(e) Director Member
(f) One person from amongst the Teachers Member
(g) Registrar Member- Secretary
(3) The members as referred to in Clauses (c), (d) and (f) of Sub-section (2) shall be nominated by the Pro-chancellor on the recommendation of the Vice-Chancellor.
(4) The tenure of office of the nominated members as referred to in Sub-section (2) shall be Three years.
(5) Procedures relating to the meetings of the Executive Council shall be as prescribed.

12. Functions, Duties and Powers of the Executive Council :

The functions, duties and powers of the Executive Council shall be as  follows:
(a) To execute or cause to execute the decisions and directives of the Senate,
(b) To prepare draft of the Rules relating to the Academy and submit them to the Senate for approval,
(c) To prepare policies, plans, annual programmes, progress report, annual budget, audit report and other resolutions and introduce them to the Senate for approval,
(d) To evaluate and monitor the functions carried out by the bodies under the Academy and to direct such bodies as per necessity,
(e) To operate, look after and protect, sell, or lease or contract the fund and movable and immovable property of the
Academy subject to the policy, guidelines of the Senate, Provided that, prior approval of the Government of
Nepal shall be taken to sell the immovable property which was received from the Government of Nepal.
(f) To appoint and promote teachers and employees necessary for the Academy on the recommendation of the Selection Committee,
(g) To accept various kind of assistance to the Academy,
(h) To carry out other functions as prescribed

Chapter 6 Constitution, Functions, Duties and Powers of Selection Committee

Chapter 6 Constitution, Functions, Duties and Powers of Selection Committee
13. Selection Committee :

(1) In order to recommend for the appointment and promotion of the teachers and employees of the
Academy, there shall be a Selection Committee.
(2) The Selection Committee shall have the following Chairperson and members,-
(a) A person from amongst the persons who obtained at least Masters Degree in Health Sciences having working
experience of Ten years in health sector or special class or who has fulfilled the managerial or academic responsibility as a Special Class Officer or Professor Chairperson
(b) One person from Member amongst Teachers (c) Registrar Member
(3) The Chairperson and the member as referred to in Clauses (a) and (b) of Sub-section (2) shall be appointed by the Senate.
(4) The tenure of office of the Chairperson and the nominated member of the Selection Committee shall be Four years.
(5) Other functions, duties and powers of the Selection Committee shall be as prescribed.
(6) Remuneration, facilities and other conditions of service of the Chairperson and facilities of the members of the Selection Committee shall be as prescribed.
(7) Procedures relating to the meetings of the Selection Committee shall be as prescribed

Chapter 7 Educational Council, Educational Institutions,  Hospital and Other Bodies

Chapter 7 Educational Council, Educational Institutions,  Hospital and Other Bodies
14. Provision relating to Education council, Faculty and Research Centre :

(1) The Academy may establish Education council, Faculty and Research Centre.
(2) The constitution, functions, duties and powers of the Education council, Faculty and Research Centre established pursuant to Sub-section (1) shall be as prescribed.

15. Establishment and Operation of Educational Institutions :

(1) The Academy may establish Educational Institutions as per necessity in order to carry out study and research activities in the various subjects relating to Health Sciences.
(2) The operation of the Educational Institutions established pursuant to Sub-section (1) shall be as prescribed.

16. Establishment and Operation of Hospital :

(1) The Academy shall establish Hospital in order to carry out high standard study or research activities in Health field and to provide qualitative and easy health service.
(2) The Karnali Zonal Hospital established and operated as per prevailing law at the time of the commencement of this Act shall be deemed to have been established pursuant to Sub-section (1).
(3) The operation and management of Hospital shall be as prescribed.

17. Hospital Management Committee :

(1) There shall be a Hospital Management Committee for the well operation of the Hospital under the
Academy.
(2) Constitution, functions, duties and powers of the Hospital Management Committee shall be as prescribed.

Chapter 8 Official, Teacher and Employee of the Academy

Chapter 8 Official, Teacher and Employee of the Academy
18. Chancellor:

(1) The Prime Minister shall be the Chancellor of the Academy.
(2) The Chancellor shall be the chief of the Academy.

19. Pro-Chancellor :

(1) The Minister or the Minister of State for Health and Population shall be the Pro-Chancellor of the Academy.
(2) The Pro-Chancellor may inspect the Academy and give directions as required.

20. Vice-Chancell r:

(1) The Vice-Chancellor shall be the chief official, working for full-time, at the Academy.
(2) In order to recommend for appointment to the post of Vice-Chancellor, a committee in the Chairpersonship of Pro- chancellor with other Two members shall be constituted by the Chancellor and the Chancellor shall appoint Vice-chancellor from the recommendation of such Committee.
(3) The tenure of office of the Vice-Chancellor shall be Four years.
(4) The functions, duties and powers and remuneration, facilities and conditions of service of the Vice-Chancellor shall be as prescribed.

21. Rector: (1) The Rector of the Academy shall be appointed by the
Pro-Chancellor on the recommendation of the Vice-Chancellor for
the supervision of the educational and academic functions of the
Academy.
(2) The Rector shall be a full-time official.
(3) The tenure of office of the Rector shall be Four years.
(4) Other Functions, Duties and Powers, Remuneration,
Facilities and Conditions of Service of the Rector shall be as
prescribed.

22. Registrar:

(1) The Registrar of the Academy shall be appointed by the Pro-Chancellor on the recommendation of the Vice-Chancellor for the supervision of the financial and administrative functions of the Academy.
(2) The Registrar shall be a full-time official.
(3) The tenure of office of the Registrar shall be Four years.
(4) Other Functions, Duties and Powers, Remuneration,  Facilities and Conditions of Service of the Registrar shall be as  prescribed.

23. Dean :

(1) The Dean shall be appointed by the Vice-chancellor to carry out the functions as a Chief of the faculty of the Academy.
(2) The Dean shall be a full-time working paid official.
(3) The tenure of office of the Dean shall be Four years.
(4) Other Functions, Duties and Powers, Remuneration, Facilities and Conditions of Service of the Dean shall be as
prescribed.

24. Director :

(1) The Director shall be appointed by the Vice-chancellor on the recommendation of Registrar to carry out the function as an administrative chief of the Hospital.
(2) The tenure of office of the Director shall be Four years.
(3) Other Functions, Duties and Powers, Remuneration, Facilities and Conditions of Service of the Director shall be as prescribed.

25. Other Officials :

(1) There shall be other Officials at the Academy as prescribed.
(2) The appointment, Functions, Duties and Powers,
Remuneration, Facilities and Conditions of Service of the Officials as referred to in Sub-section (1) shall be as prescribed.

26 . Removal from Office :

(1) If One Fourth of the currently existing members of the Senate make an application in writing to the
Chancellor that the Vice-Chancellor, Rector or Registrar are failing to perform the duties of their respective posts or not performing their duties honestly or not abiding by the conduct as required to their post, the
Chancellor shall form Three members Inquiry Committee under the chairpersonship of the member of the Senate consisting member of the Senate and Secretary at the Ministry of Health and Population.
(2) In case Inquiry Committee as referred to in Sub-section (1) recommends that the Vice-Chancellor, Rector or Registrar are failing to perform the duties of their respective posts or not performing their duties
honestly or not abiding by the conduct as required to their post and it such report is approved by the Senate, the Chancellor shall remove Vice-Chancellor, Rector or Registrar from office.
(3) In case, an Inquiry Committee is constituted pursuant to Sub- section (1), such Official shall be ipso facto suspended till the matter is decided by the Senate as referred to in Sub-section (2).
(4) The process of removal from office to other Official besides the Vice-Chancellor, Rector or Registrar shall be as prescribed.
(5) The Inquiry Committee shall give a reasonable opportunity to defend himself/herself before the recommendation of removing from the office to the Official as referred to in Sub-section (2).

27 . Teacher and Employee of the Academy :

(1) There shall be teachers and employees at the Academy in required numbers.
(2) The teachers and employees of the Academy shall be appointed on the recommendation of the Selection Committee as prescribed.
(3) The functions, duties and powers, remuneration, facilities and conditions of service of the teachers and employees of the Academy shall be as prescribed

Chapter 9 Fund, Account and Audit of the Academy

Chapter 9 Fund, Account and Audit of the Academy
28. Fund of the Academy :

(1) There shall be a separate fund of the Academy.
(2) The fund as referred to in Sub-section (1) shall consist the following amounts:
(a) Amounts received from Government of Nepal,
(b) The amount received from educational fees and service fees,
(c) The amount received as assistance or loan from  national and foreign individual, associations,
institutions or foreign government,
(d) Amount to be received from any other source.
(2) While receiving any amount from foreign individual,  association, institution or government pursuant to Clause (c) of Sub- section (1), the Academy shall have to obtain approval of
Government of Nepal.
(3) The amount of the fund of the Academy shall be deposited in an account opened in the commercial bank.
(4) All expenditure of the Academy shall be borne from the fund pursuant to Sub-section (1).
(5) The fund and account of the Academy shall be operated as prescribed.

29. Accounts and Auditing :

(1) The accounts of incomes and expenditures of the Academy shall be maintained as per prevailing laws.
(2) The audit of the accounts of the Academy shall be carried out by the Auditor General

Chapter 10 Miscellaneous

Chapter 10 Miscellaneous
30. Not to provide Affiliation : The Academy shall not provide an affiliation to any educational institution.

31. To Act in Accordance with National Health and Education Policy : It shall be the duty of the Academy to act in accordance with the National Health and Education Policy approved by Government of Nepal.

32. Provision relating to Reservation :

(1) The Academy shall manage the reservation of at least Forty-five percent to be admitted in every educational calendar upto Bachelor’s degree in every level to the Nepali student who permanently residing in backward area and
passes School Leaving Certificate from Community School of such backward area.
(2) The Academy shall manage the reservation as prescribed in the admission in Master’s degree level to the Nepali student who permanently residing in backward area and passes School Leaving Certificate from Community School of such backward area and received higher education from Higher Secondary School or educational institution of such area.
(3) The priority shall be provided to women, dalit, aadibasi/janjati, madhesi and backward class student in the reserved quota as referred to in Sub-sections (1) and (2).
(4) The student shall be selected for reservation as referred to in Sub-section (1) on competition.

33. Priority shall be given to the students in admission :

(1) The Academy shall provide priority to the persons who have served in the Health Institution of remote area for the prescribed period while admitting students at various level.

34. Scholarship shall be provided :

(1) The Academy shall provide full scholarship at least Twenty percent of the total student admitted in every educational calendar to poor students.
Explanation : For the purpose of this Section “Poor” means the student who studied and passed School Leaving Certificate from Governmental/Community School and recommended as poor from Village Development Committee or Municipality on prescribed grounds.
(2) The Twenty percent as referred to in Sub-section (1) shall count as cent percent and only Forty-five percent of such cent percent scholarship shall be provided to women, dalit, adibasi/janjati, madhesi and backward area student.
(3) The Academy may provide partial scholarship to poor student.
(4) The grounds of providing scholarship as referred to in Sub- sections (1) and (2) shall be as prescribed.
(5) Any institution or association may provide scholarship to any student to study in the Academy.

35. To serve in the prescribed place :

(1) The student who studies in  the Academy in scholarship or reservation as per this Act shall have
to serve in the remote area upto a prescribed period.
(2) If an institution or association prescribes a condition to a student studied in the scholarship provided by such institution or association to serve in a place for a specified period, he/she shall have to serve as per such condition and if such condition is not prescribed one shall has to serve as referred to in Sub-section (1).
(3) The student, admitted in the Academy in priority as referred to in Section 33, shall have to work in the remote area upto a period as prescribed by the Academy.
(4) The Academy shall award permanent educational certificate to student when one serves full period as referred to in Sub-sections (1), (2) and (3) who studied in the reservation pursuant  to Sub-section (1) and (2) of Section 32 and priority or scholarship pursuant to Section 33 and 34.
(5) The Academy may make necessary arrangements to the students to encourage to serve in the health institution of remote areas after their study besides the student who studied in reservation, priority or scholarship pursuant to Sections 32, 33 and 34.

36. Annual report :

(1) The Academy shall submit its annual report stating its functions and activities within a year to the Government of
Nepal within Three months of the expiry of every fiscal year.
(2) The report as referred to in Sub-section (1) shall include brief details of the functions performed with in a year and achievements of the Academy in addition to other details.

37. Delegation of powers : (1) The Senate may delegate any of the powers conferred to it under this Act to the Academic Council, Executive Council or the Vice-Chancellor.
(2) The Academic Council, Executive Council or Selection Committee may delegate any of the powers conferred to it under this Act to any Officials or any subordinate bodies.

38. Act not to be invalid : Where an act has been done after the vacancy of a post of any official or member of the Academy or on occurrence of any error in the appointment of official or member,
such act of the Academy shall not be invalid merely on such ground.

39. May provide Direction : The Government of Nepal may give  direction in relation of the functions and activities of the Academy and the Academy shall have a duty to abide by such direction.

40. Liaison with Government of Nepal : Ministry of Health and Population shall liaison the Academy with the Government of Nepal.

41. Oath to be taken : The Officials of the Academy shall have to take an oath prior to holding the office in the prescribed format.

42. Employee may remain in the Academy : (1) If an employee of the Nepal Health Service serving in the Karnali Zonal Hospital, Jumla at the time of commencement of this Act desires to serve in the Hospital, he/she shall submit an application within Six months of the commencement of Service Rules framed hereunder to the
Ministry of Health and Population.
(2) If the Government of Nepal provides an approval to remain as an employee of the Academy to the employee who submits an application pursuant to Sub-section (1), he/she shall be deemed to be an employee of the Academy.
(3) The period served in the Health Service by an employee who wants to remain as an employee of the Academy pursuant to Sub-section (2) shall be counted as a service period of the Academy.

43. Power to Frame Rules : For the implementation of the objectives of this Act, the Academy may frame necessary Rules. Provided that, consent of the Government of Nepal shall be obtained while making Rules on matters involving financial burden on the Government of Nepal.

44. Repeal and Savings :

(1) The Karnali Zonal Hospital Development Committee (Formation) Order, 2068 (2011) is, hereby, repealed.
(2) The teachers and employee served in the Development  Committee pursuant to Sub-section (1) shall be deemed to have been transferred in equal post and level of the Academy.
(3) All functions and proceedings performed as per Order pursuant to Sub-section (1) shall be deemed to have been performed under this Act.
(4) The movable, immovable property, transactions, loans, assets as well and rights and obligations as per Order pursuant to Sub-section (1) shall be deemed to have been devolved on the Academy.
(5) The Committee constituted as per the Order pursuant to Sub-section (1) shall carry out functions of the Hospital
Management Committee till the constitution of the Hospital Management Committee pursuant to this Act.

Judicial Council Act, 2073 (2016)

Judicial Council Act, 2073 (2016)
Date of Authentication and Publication
2073-05-27 (September 12, 2016)
Act No. 8 of the Year 2073
An Act Enacted to Amend and Consolidate Legislation Relating to Function,
Duty and Power of Judicial Council
Preamble: Whereas, it is expedient to amend and consolidate forthwith the prevailing legislation relating to function, duty and power of Judicial Council to provide recommendation and counseling in the matter of appointment, transfer, disciplinary action, termination and other issues relating to judicial administration, Now, therefore, be it enacted by Legislature-Parliament in accordance with Sub- Article (1) of Article 296 of Constitution of Nepal.

2. Definition

2. Definition: Unless the subject or context otherwise requires, in this Act;
(A) “Court” means Supreme Court, High Court and District Court.
(B) “Chairperson” means the Chairperson of the Council.
(C) “Inquiry Committee” means the Inquiry Committee in accordance with
Section 19.
(D) “Prescribed” or “As prescribed” means prescribed or as prescribed in the
Rules framed under this Act.
1 This Act has been commenced from September 19, 2016 by the Notification
published in Nepal Gazette on September 14, 2016.
(E) “Judicial Council” means the Judicial Council constituted in accordance
with Article 153 of the Constitution.
(F) “Judge” means the Judge of the Court.
(G) “Member” means the Members of the Judicial Council and the term shall
also mean to the Chairperson of the Council.
(H) “Constitution” means the Constitution of Nepal.

3. To Prepare the Records

3. To Prepare the Records:

(1) The Judicial Council shall, in accordance with the Constitution, prepare and keep the records of Nepali Citizens who are eligible for the appointment in the post of judges.
(2) The Judicial Council may, for the purpose of Sub-section (1), demand details of the persons being qualified for appointment in the post of Judge in accordance with the Constitution from the Supreme Court, Judicial Service
Commission, the Ministry of Law, Justice and Parliamentary Affairs, the Office of the Attorney General, Nepal Bar Council and other appropriate organization.
(3) The Judicial Council, besides the details to be acquired in accordance with Sub-Section (2), may collect, by publishing public notice, the details of the person being qualified for appointment in the post of judge in accordance with the Constitution and the person worked as Judge of any court and additional Judge of Appellate Court before commencement of this Act being eligible to appoint in the post of judge.
(4) The records to be prepared in accordance with this Section shall be remained under the responsibility of the Secretary of the Judicial Council.
(5) The record to be prepared in accordance with this Section shall be confidential and it shall not be used for other purpose except the function of Judicial Council.
(6) Other provision with regard to maintain the record in accordance with this Section shall be as prescribed

4. Period of Recommendation for Appointment

4. Period of Recommendation for Appointment:

(1) The Judicial Council, by confirming the post of Justice of Supreme Court going to be retired on the
basis of age limit, shall make recommendation for appointment before one month of vacant of such post.
(2) The Judicial Council, if the post of Justice of Supreme Court falls vacant by other reason except age limit, shall make recommendation for appointment within one month from the date of vacant of such post.
(3) The Judicial Council, if the post of Chief Judge or Judge of High Court falls vacant, shall make recommendation for appointment within three months from the date of vacant of such post

5. Base of Recommendation for Appointment

5. Base of Recommendation for Appointment:

(1) The Judicial Council, in accordance with the principle of proportional inclusion under the Constitution,
shall make recommendation to the Nepali Citizen for appointment in the post of judge.
(A) Qualified to make appointment in the post of Judge in accordance with the Constitution and this Act,
(B) Having appropriate to appoint in the post of Judge in aspect of seniority, experience, knowledge of subject matter, efficiency, honesty, impartiality, professional and moral conduct, goodwill earned in public life, contribution given in the field of justice and law, etc.,
(C) Containing name in the record maintain in accordance with Section 3,
(D) With regard to the District Judge to be appointed in accordance with Part (B) or (C) of Sub-Article (2) of Article 149 of the Constitution, recommended by Judicial Service Commission in accordance with Sub-Article (3) of same Article.
(2) Notwithstanding anything contained in Part (C) of Sub-Section (1), there shall not be any obstacle to appoint such person in the post of Judge due to not mentioning the name in the record maintained as per the Section 3.
(3) The Council shall, in the course of making recommendation for the appointment of any person working as sitting Judge of any court or already performed the function as the Judge of any court or as an additional Judge of
Appellate Court or an Officer of Judicial Service, in the post of Justice of Supreme Court or in the post of Judge of High Court, take the following matters into consideration in addition to the basis as mentioned in Sub-Section
(1): (A) Matters mentioned in the report submitted by the Supreme Court or High Court after periodic or casual inspection of respective inferior Courts in respect of the person planning to make
recommendation for appointment;
(B) Seniority, qualification and performance evaluation of concerned person,
(C) In respect of sitting Judge of High Court or District Court or the person already performed the function as the Judge of any court or as an additional Judge of Appellate Court, details of ratio of judgment/decision made by him/her per year and ratio of acceptance or partial or complete annulment by superior Court
while making final decision.
Provided however that in respect of the person already performed the function as the Judge of any court or as an additional Judge of Appellate Court, while confirming the ratio/proportion of  decision/judgment made by him/her per annum, the ratio should be confirmed on the basis of ratio/proportion of the decision/judgment of the case made by him/her in his/her service period.
(4) The Judicial Council shall, in the course of making recommendation for the appointment of any lawyer or person working in the field of justice and law in the post of Judge, take into consideration the matters like professional
continuation and contribution made in the field of justice and law and details regarding his/her previous service, if any in addition to the matter as mentioned in Sub-Section (1).
(5) The Judicial Council may, for the purpose of Part (B) of Sub-Section (1) and Sub-Section (3) collect the inspection report, report relating to performance or evaluation and other details in respect to service from concerned Court or office and study

6. Send for Parliamentary Hearing

6. Send for Parliamentary Hearing:

(1) If the Judicial Council makes recommendation to any person for the appointment in the post of Justice of
Supreme Court, the Secretary of Judicial Council shall send such recommendation to Secretariat of Legislature-Parliament for parliamentary hearing in accordance with Article 292 of the Constitution.
(2) In case of sending for parliamentary hearing in accordance with Sub- Section (1), if the letter sent by the Secretariat of Legislature-Parliament stating that the person is qualified for the appointment in the post of Justice of
Supreme Court or in the situation that it is not any obstacle to make appointment as per the prevailing laws due to failure to make decision in respect of parliamentary hearing, the Secretary of Judicial Council shall send
to the person recommended for the appointment in the post of Justice of Supreme Court to the Office of the President to submit before the President for appointment.

7. Ineligibility for appointment in the Post of Judge

7. Ineligibility for appointment in the Post of Judge:

The following person shall be ineligible to appoint in the post of Judge:
(A) Punished from the court in the offence of corruption, rap, human trafficking, drugs trafficking, money laundering, misuse of passport, kidnapping and other criminal offences involving moral
turpitude,
(B) Until completion of the period of two years of being punished from concerned body in violation of professional conduct,
(C) Departmental action has been taken by dismissing from the job with being disqualified for government service or service of public institution in the future,
(D) In case action of censure has been taken in accordance with the law relating to concerned service, not been completed the period of one year from the date taking action of censure or in the event
of withholding of promotion or salary increment, during the period of such withholding,
(E) In the event of disqualified in accordance with Article 291 of the Constitution,
(F) In the event of being suspended in accordance with prevailing federal law,
(G) Until completion of the period of two years from the date of warning given in accordance with Section 14,
(H) Blacklisted in accordance with the prevailing law,
(I) Becomes the member of any political party during the time of appointment,
(J) Being insolvent, or
(K) Having mental disorder.

8. Provision of Fulfillment of Vacancy of District Judge

8. Provision of Fulfillment of Vacancy of District Judge:

(1) The Judicial Council shall fulfill the vacant post of the Judge of District Court in accordance with Sub-Article (2) of Article 149 of the Constitution.
(2) The Judicial Council, for fulfillment of vacant post in accordance with Sub-Section (1), shall determine the percentage of fulfillment of vacant post pursuant to Part (A), (B) and (C) of Sub-Article (2) of Article 149 of the
Constitution by assuring the number of immediately vacant post of District Judge and the post to be vacant with in the end of Chaitra (about Mid-April) of each year.
(3) The Judicial Council, after determining the percentage in accordance with Sub-Section (2), shall write to Judicial Service Commission to make recommendation by selecting appropriate persons for fulfillment in the vacant
post of District Judge pursuant to Part (B) and (C) of Sub-Article (2) of Article 149 of the Constitution.
(4) The Judicial Council should make time table to fulfill the post of District Judge in accordance with this Section within the end of Chaitra (about Mid- April) of each year

9. Ineligible to be the Candidate

9. Ineligible to be the Candidate: The person not been eligible to appoint in the post of Judge shall not be allowed to take part as a candidate in the examination to be held for the fulfillment of vacant post of District Judge in
accordance with Sub-Article (2) of Article 149 of the Constitution.

10. Lacking Efficiency

10. Lacking Efficiency: In the following circumstances, the judge shall be deemed of lacking efficiency:
(A) In case he\she has not initiated or decided the case within the time limit as prescribed by the law without any reasonable cause,
(B) If he\she has unduly delayed cases by not issuing order or decision at once though it has to be done or could be done at once or postpone the case unnecessarily, though it has not to be required to postpone or not to reopen the pending case or initiation of case by adopting unnecessary, irrelevant or unlawful proceedings or
decision,
(C) If he\she has accomplished the work lesser than usual standard while proceeding and disposal of the case,
(D) If he\she has made undue effect on the proceedings and decision by applying clearly inapplicable law or by forcefully adopting the different meaning or interpretation by way of avoiding the clear
and unambiguous interpretation or meaning in the course of case proceedings or decision,
(E) If he\she has made different opinion in the same legal questions reflected to different cases and taken proceedings or decision accordingly;
Provided however that, this part shall not be applicable, if the  judge has changed his\her opinion given in the previous cases by mentioning grounds and reasons.
(F) If he\she has, without mentioning any work or reason, caused to make the party of the case to be present at the court unnecessarily or has been escaped from performing the prescribed work to be done in the prescribed date for presence without any reasonable cause,
(G) If he\she has, during the course of issuing order for examination of evidence, issued an order just for asking the inquiry of evidence without mentioning the facts or questions in which both of the
parties are agreed and the facts or questions to be decided in which the parties are not agreed upon and the evidences as are appeared to be taken into inquiry;
(H) If he\she has delivered judgments contrary to the precedent or legal principle laid-down by the Supreme Court, or Provided that, this provision shall not be applicable in case there is no uniformity or certainty in the precedent or legal principle laid- down by the Supreme Court because of the reason that different Benches have delivered different decisions or held different interpretation in the same legal question reflected to different cases.
(I) If he/she has performed any other functions proving that he/she doesn’t have anticipated level of competency in order to perform the duty and responsibility as per his/her position

11. Misconduct or Gross Violation of Code of Conduct

11. Misconduct or Gross Violation of Code of Conduct:

(1) In the following conditions, the conduct of the Judge shall be deemed as misconduct:
(A) If he\she he has involved in any offence of corruption, rap, human trafficking, drugs trafficking sale and distribution, money laundering, misuse of passport, kidnapping or any other criminal offence involving moral turpitude,
(B) If he\she has consumed narcotic drugs,
(C) If he\she has used alcohol during court’s time,
(D) If he\she has performed indecent or impertinent conduct in public place or ceremony,
(E) If he\she has taken part in politics;
Provided however that the act of exercising voting right in accordance with law shall not be deemed to have taken part in politics.
(F) If he\she has, under the undue influence or against the law, initiated any proceedings or delivered the judgment,
(G) If he\she has misused the government or public property or any facilities provided to him/her, or
(H) If he\she has performed any unusual conduct in the Bench in a manner of violating the dignity of the court in contrary with the discipline or dignity of his/her position;
(2) The act of gross violation of the Code of Conduct made under this Act or violating the Code of Conduct repeatedly shall be deemed gross violation of Code of Conduct.

12. Not to have performed duties of the office honestly or performed the act with malafide intention

12. Not to have performed duties of the office honestly or performed the act with malafide intention: In the following conditions, a judge may be deemed not to have performed duties of the office honestly or performed the
act with malafide intention:
(A) If he\she has deliberately performed the act with a motive to avoid, prolong, or make an undue influence on the case,
(B) If he\she has, without any reasonable cause, not been present in the Bench in the prescribed time or avoid the case from making the hearing,
(C) If he\she has, without any reasonable cause, made delays in
writing the judgment or order within the prescribed time limit,
(D) If he\she has been absent in the court without approving the leave,
(E) If he\she has not followed the direction given by the superior
courts or directives relating to administrative affairs given by the
Chief Justice or the Chief Judge of High Court or any inspecting
judge within appropriate time.

13. Deemed to be incompetent to perform the duty

13. Deemed to be incompetent to perform the duty:

(1) The Judicial Council shall write to the Medical Board constituted by Government of Nepal to
make assure that whether any Judge is unable to perform his/her duty due to physical or mental illness pursuant to Part (D) of Article 131, Part (D) of Sub-Article (1) of Article 142 or Part (D) of Sub-Article (6) of Article 149 or
not.
(2) If the Medical Board makes recommendation, in the situation of writing in accordance with Sub-Section (1), stating that any Judge is unfit to perform the duty due to physical or mental illness, that Judge shall be deemed to have been unfit to perform the duty due to physical or mental illness.
(3) In any judge refuses to check his/her physical or mental position in accordance with this Section, he/she shall be deemed to have been unfit to perform the duty due to physical or mental illness.
(4) The Judicial Council shall make recommendation to the Chief Justice to terminate the Judge from the post, who has been found to be unfit to perform own duty due to physical or mental illness in accordance with Sub-Section
(2). Provided however that Part (D) of Article 131 shall be applied with regard to the Justice of Supreme Court

14. To take Action

14. To take Action:

(1) The Judicial Council may give warning to the Judge for first time in the situation as specified in Section 10 or 12.
(2) The Judicial Council shall, in case not improving the situation as per the Section 10 or 12 or in case of occurrence of bad conduct or gross violation of Code of Conduct in accordance with Section 11 even while giving warning in
accordance with Sub-Section (1), take action pursuant to Part (C) of Sub- Article (1) of Article 142 or Part (C) of Sub-Article (6) of Article 149.
Provided however that Article 131 shall be applied with regard to the Justice of Supreme Court

15. Provision Relating to Inspection

15. Provision Relating to Inspection:

(1) The Chief Judge of the High Court shall, after carrying out inspection, send the report regarding the functions
and activities of the judge of High Court and District Courts to the Judicial Council.
(2) In addition to other things, the following details should be mentioned in the report as specified Sub-Section (1):
(A) Details of the checked annual attendance of the place where such judge has been posted;
(B) Judgments delivered by the judge throughout the year as per ratio of the cases registered in the concerned courts;
(C) Details of the judgments delivered by such judge which have been accepted or reversed by the superior courts, if any;
(D) Details of other activities regarding court management and operation.
(3) The Council shall also take the report prepared pursuant to Sub-Section (1) as a basis for assessment and for action against a judge.
(4) Other provision relating to inspection shall be as prescribed