chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Prison Act, 2022

Chapter-4
Prison Infrastructure

15. Separate Accommodation Arrangements: (1) The Prison Administrator shall arrange a suitable place for accommodation for detainees.
(2) In each prison, separate buildings shall be arranged for the accommodation of female and male detainees. Provided that until such buildings are arranged, separate access arrangements shall be made for female and male detainees, and they shall be kept in separate blocks of the building.
(3) Separate toilets and bathrooms shall be arranged for female and male detainees in the prison.
(4) Subject to sub-sections (2) and (3), the following detainees shall be kept in rooms separate from other detainees:-
(a) Undertrial prisoners,
(b) Third gender,
(c) Those with communicable diseases,
(d) Those with unstable mental conditions,
(e) Those sentenced for serious and heinous offenses pursuant to prevailing law,
(f) Those of a nature that require keeping in a Special Security Cell pursuant to Section 18.
(5) Arrangements as prescribed shall be made for the accommodation, toilet, and bathroom of detainees with disabilities or third gender detainees. 16. Arrangement of Hospital or Health Post: (1) In each prison housing more than five hundred detainees, there shall be a hospital with beds as prescribed, and in prisons housing fewer than that, a health post shall be arranged.
(2) Until a hospital or health post pursuant to sub-section (1) is arranged, the Prison Administrator shall coordinate with a government hospital or health post near the location of the Prison Office to arrange health examinations and treatment for detainees in the prison. 17. Arrangement of Meeting Room: (1) The Prison Administrator shall arrange a necessary room for meetings with family members, close relatives, the legal practitioner appointed by the detainee, or relatives who come to meet the detainee.
(2) If a detainee's minor son or daughter comes to meet them, a separate room shall be arranged in the prison for the meeting.
(3) A person coming to the prison for a meeting pursuant to sub-section (1) shall comply with the security arrangements and conditions as prescribed before entering the prison.
(4) The meeting room built for meeting detainees in the prison shall be senior citizen-friendly, disability-friendly, and gender-friendly.
(5) If any foreign national is a detainee, and the diplomatic mission of the concerned country requests through the Ministry of Foreign Affairs that diplomatic staff of that country wish to meet them, meeting arrangements pursuant to this section shall be made for such detainee. 18.
Prison Act, 2022

18. Arrangement of Special Security Cell: (1) A Special Security Cell shall be arranged to keep detainees of a sensitive nature from a security perspective with special security within the prison.
(2) The Prison Administrator may keep the following types of detainees in the cell pursuant to sub-section (1):-
(a) Those ordered to be kept in a Special Security Cell by the court or the Government of Nepal,
(b) Those arrested after escaping from prison,
(c) Those who have attempted to escape by rioting inside the prison,
(d) Those who have engaged in rioting inside the prison, harassing detainees, committing sexual misconduct or theft,
(e) Those who have escaped during medical treatment, production in court, or deployment for work,
(f) Those who have physically attacked other detainees inside the prison,
(g) Those who have been involved in criminal activities outside the prison while inside the prison.
(3) The period for keeping a detainee in a Special Security Cell pursuant to this section shall be as determined by the Prison Administrator.
(4) Notwithstanding anything contained in sub-section (3), a detainee under clause (a) of sub-section (1) shall be kept in the Special Security Cell for the period mentioned in such order.
(5) The Prison Administrator shall provide information about a detainee being kept in a Special Security Cell pursuant to this section to the Department and Chief District Officer in the case of a Federal Prison, and to the Ministry looking after prisons of the Provincial Government, the Department, and the Chief District Officer in the case of a Provincial Prison.
(6) While providing information pursuant to sub-section (5), the reason for keeping the detainee in the Special Security Cell and the period for keeping them in such cell shall also be stated. 19. Other Facilities and Infrastructure for Detainees: (1) The concerned prison shall, within the available means and resources, arrange necessary infrastructure such as drinking water and toilets, exercise area, library for detainees within the prison, and also arrange facilities such as sports grounds and various sports equipment, radio and television, and other amenities for the recreation of detainees.
(2) While arranging structures and services within the prison, it shall be done in such a way as to guarantee fundamental human rights such as sanitation, health, and security.
(3) The Prison Administrator shall make arrangements to provide necessary items related to reproductive health including sanitary pads free of cost to female detainees in the prison. 20.
Prison Act, 2022

22. Provisions Regarding Health Examination: (1) The Prison Office shall have all detainees undergo free health examination and treatment by a government doctor regularly at least once every two months and as necessary.
(2) If, during the health examination pursuant to sub-section (1), it appears necessary to keep a detainee in a health institution for treatment, they shall be treated by keeping them in the health institution within the prison.
(3) The Prison Office shall provide medicines required by detainees for regular consumption.
(4) If there is no health institution in the concerned prison for providing health treatment to a detainee, or if it is not suitable according to the nature of the treatment, treatment may be provided at another health institution affiliated with the prison, and if treatment at such health institution is also not suitable, treatment may be provided at another suitable health institution upon the recommendation of the concerned doctor.
(5) Notwithstanding anything contained elsewhere in this section, if a detainee wishes to receive treatment from another doctor or health institution at their own expense, the Prison Administrator may permit them to receive such treatment after completing the prescribed procedure.
(6) A detainee placed in a health institution during treatment pursuant to this section shall be deemed to be within the prison, and that period shall be counted towards the period of imprisonment served.
(7) If a detainee undergoing treatment pursuant to this section recovers, they shall be placed back in the prison, except when their sentence period has already been served or when they do not need to be kept in prison for other reasons.
(8) Medicines distributed free of cost by the Government of Nepal pursuant to prevailing law shall be distributed free of cost to the concerned detainees through the concerned hospital or health post. 23. Protection of Reproductive Rights: The Prison Administrator shall make suitable arrangements as prescribed for the purpose of protecting the reproductive rights of detainees. 24.
Prison Act, 2022

23. Protection of Reproductive Rights: The Prison Administrator shall make suitable arrangements as prescribed for the purpose of protecting the reproductive rights of detainees. 24. Arrangement for Education: (1) The Prison Administrator shall make necessary arrangements for the education of detainees.
(2) If the number of detainees exceeds the prescribed number, the Prison Administrator shall, as necessary, make necessary arrangements for basic education, secondary education, open education, technical and vocational education, or distance education.
(3) The Prison Administrator shall make necessary arrangements for alternative education, non-formal education, or education of a similar nature for illiterate detainees.
(4) For the purpose of education pursuant to sub-section (3), the Prison Administrator may designate a teacher from among the detainees in the prison.
(5) A teacher designated pursuant to sub-section (4) shall be given remuneration and facilities as determined for the concerned level.
(6) The Prison Administrator shall make arrangements for a detainee who needs to take examinations for higher education to participate in such examinations.
(7) The Prison Administrator may conduct programs such as moral education, yoga practice, and meditation with the aim of reforming the conduct of detainees or promoting positive thinking.
(8) The Prison Administrator shall provide necessary study materials to detainees. 25. Operation of Skill-Based or Income-Generating Programs: (1) The Prison Administrator may operate various skill-based or income-generating programs within the prison premises to make detainees self-reliant or provide them with income-earning opportunities.
(2) The Prison Administrator shall make necessary arrangements to provide market access to products produced from programs operated pursuant to sub-section (1).
(3) From the income obtained from income-generating programs pursuant to sub-section (1), an amount as prescribed shall be provided to the concerned detainee based on their labor contribution.
(4) Other arrangements regarding the operation of skill-based or income-generating programs pursuant to sub-section (1) shall be as prescribed. 26. Detainees May Be Employed: (1) If a factory is established within the prison premises with permission pursuant to prevailing law, detainees willing to work in such factory may be employed.
(2) For work done by a detainee pursuant to sub-section (1), wages as prescribed shall be paid at a rate not less than the minimum remuneration determined by the Government of Nepal based on contribution. Provided that a detainee working part-time shall be paid wages as prescribed based on contribution. 27.
Prison Act, 2022

Provided that a detainee working part-time shall be paid wages as prescribed based on contribution. 27. Detainee May Submit Application Through Prison: (1) If a detainee needs to submit a plaint, reply, appeal, or any other kind of application to any court or authority pursuant to prevailing law, they shall submit it within the prescribed period as per prevailing law, including the applicable fees, to the Prison Office where they are located.
(2) If any plaint, reply, appeal, or any other kind of application is received pursuant to sub-section (1), the Prison Administrator shall, if it is within the time limit, have the detainee sign it, collect the applicable fees as per prevailing law, and send it promptly to the concerned authority. 28. Provisions Regarding Marriage Registration: (1) If a male and female detainee in prison, or a male or female not in prison wishes to marry a detainee in prison, they shall submit an application to the Prison Administrator for marriage registration.
(2) Upon submission of an application pursuant to sub-section (1), the Prison Administrator shall send a letter to the concerned body for marriage registration.
(3) If, after sending a letter pursuant to sub-section (2), the concerned body sends a letter to the Prison Office stating that the said marriage can be registered pursuant to prevailing law, the Prison Administrator shall permit the concerned detainee to go for marriage registration on the day of registration, accompanied by security personnel. 29. Transfer of Property in the Name of Detainee: Movable and immovable property in the name of a detainee in prison, other than that attached pursuant to prevailing law, may be transferred or partitioned by right pursuant to prevailing law with the consent of the detainee. 30. Producing Detainee in Court: (1) If it is necessary to obtain evidence or other necessary matters from a detainee in a case, or if a case in which the detainee is involved is to be heard, the concerned court shall send a letter as prescribed to the concerned Prison Office stating that such detainee should be produced.
(2) Upon receipt of a letter pursuant to sub-section (1), the Prison Administrator shall produce the concerned detainee in court under the surveillance of security personnel.
(3) Notwithstanding anything contained elsewhere in this section, if any matter needs to be ascertained from a detainee, or if an investigation needs to be conducted regarding another offense committed by them, the court may order the production of a detainee upon the request of the concerned investigating officer.
Prison Act, 2022

Upon such order, the Prison Administrator shall produce such detainee before the concerned officer.
(4) While producing a detainee in court pursuant to this section, they may be produced through audio-visual communication (video conference) in coordination with the court.
(5) Other arrangements regarding the production of detainees in court shall be as prescribed. 31. Detainee May Be Transferred: (1) A detainee may be transferred by the Provincial Government in circumstances as prescribed from one prison operated and managed by a Provincial Government to another prison within the concerned province.
(2) While transferring a detainee from one prison to another pursuant to sub-section (1), information thereof shall be given to the Department.
(3) Notwithstanding anything contained in sub-sections (1) and (2), the Department may transfer a detainee from one Provincial Prison to another Provincial Prison, or from a Provincial Prison to a Federal Prison, or from a Federal Prison to a Provincial Prison. Provided that detainees in an Open Prison or Special Prison may only be transferred to a prison of the same nature.
(4) While transferring a detainee pursuant to sub-section (1) or (3), coordination shall be made with the concerned Prison Office.
(5) While transferring a detainee pursuant to this section, it shall be done by safe and suitable means of transportation, adopting adequate security arrangements and other necessary measures.
(6) The Prison Administrator shall inform the contact person or other family members recorded in the detainee's record book about the transfer of the detainee pursuant to this section, and if the detainee's legal practitioner requests information, they shall also be informed.
(7) Other arrangements regarding the transfer of detainees shall be as prescribed. 32.
Prison Act, 2022

32. Management in Case of Death of a Detainee: (1) If a detainee dies, a government doctor shall issue a death certificate stating the cause of death.
(2) If a detainee dies, after confirmation of death by the concerned doctor, the Prison Administrator shall give information as prescribed to the court by whose judgment or order the detainee was imprisoned, and to the family member or relative of the deceased.
(3) While informing the family member or relative or contact person pursuant to sub-section (2), information may also be given by telephone or electronic means.
(4) If it is not possible to inform pursuant to sub-section (2) or (3), or in the case of the death of a foreign detainee, a notice may be published in a national daily newspaper for the purpose of giving information thereof.
(5) The dead body of a detainee who died pursuant to sub-section (1) shall be taken charge of by the deceased's family member or relative or contact person within fifteen days, excluding travel time, from the date of receiving information pursuant to sub-section (2), (3) or (4) or from the date of publication of the notice.
(6) If the dead body of such detainee is not taken charge of by a family member or relative pursuant to sub-section (5), or if there is no relative to take charge, the Prison Administrator shall have the last rites performed according to tradition at government expense.
(7) Notwithstanding anything contained elsewhere in this section, the dead body of a detainee under sub-section (6) may be made available to an educational institution for study and research as prescribed.
(8) The Prison Administrator may provide funeral expenses as prescribed to the family or relative performing the last rites of the detainee who died pursuant to sub-section (1). Chapter-6
Arrangements for Special Protection

33. Minor May Be Kept with Mother: (1) If the mother of a minor below the age of five years is required to stay in prison, the Prison Administrator may permit such minor to stay in prison with their mother in the following circumstances:-
(a) If the mother is divorced,
(b) If the father of such minor does not exist or is also in prison,
(c) If the court orders that such minor shall stay in prison with their mother, or
(d) If the mother of such minor requests to keep them with her.
(2) If a minor is to stay with their mother in prison pursuant to sub-section (1), the Prison Administrator shall arrange a suitable room for the mother and child to stay. 34.
Prison Act, 2022

34. Care or Nurturing of Minors in Prison: (1) If a detainee has a minor whom they are supposed to nurture and there is no one else to nurture such minor, the Prison Office shall make arrangements as prescribed for the complete care, education, training and nurturing of such minor while the detainee is in detention or imprisonment.
(2) Notwithstanding anything contained in sub-section (1), to make arrangements for the complete care, education, training and nurturing of such minor, the Prison Administrator may, with the consent of the concerned detainee and in coordination with the Chief District Officer, entrust it to a government institution working in child welfare or a social organization established for that purpose pursuant to prevailing law.
(3) The Prison Administrator shall prepare an early childhood development plan for minors below the age of five years in the prison.
(4) Other arrangements regarding preparing and implementing the plan pursuant to sub-section (3) shall be as prescribed. 35. Ration and Clothing for Dependent Minors of Detainees: The Prison Administrator shall arrange daily rations and seasonal clothing as prescribed for dependent minors of detainees. 36. Arrangement of Minor Record Register Book: (1) The Prison Administrator shall maintain a separate register book to keep records of minors born to female detainees or minors residing in prison as dependents of detainees in each prison.
(2) The following details shall be mentioned in the book pursuant to sub-section (1):-
(a) Name, surname and address of the minor,
(b) Name, surname and address of the minor's father and mother,
(c) Date of birth and gender of the minor, and
(d) Other necessary details.
(3) If the birth of a minor under sub-section (1) needs to be registered, the Prison Administrator shall recommend with details pursuant to sub-section (2) to the concerned authority. 37.
Prison Act, 2022

37. Provisions Regarding Pregnant or Postpartum Detainees: (1) The Prison Administrator shall make special arrangements as prescribed regarding suitable accommodation, nutritious food, regular health check-ups and medical treatment for pregnant or postpartum detainees.
(2) If a pregnant detainee who has completed six months of pregnancy wishes to stay outside the prison and undergo health treatment, the Prison Administrator shall permit her to go outside the prison on the surety of a family member as prescribed, with a guarantee to return to prison on the day after the completion of ninety-two days from the date of delivery.
(3) Notwithstanding anything contained in sub-section (2), a detainee in the following circumstances shall not be released on surety from prison:-
(a) Those sentenced to life imprisonment or for a heinous offense pursuant to prevailing law,
(b) Those detained on charges of an offense punishable by life imprisonment or a heinous offense, or
(c) Those of a nature requiring placement in a Special Security Cell.
(4) A pregnant detainee released on surety pursuant to sub-section (2) while outside the prison shall be deemed to be within the prison, and that period shall be counted towards the period of imprisonment served. Provided that if the detainee who went outside thus does not return to prison within the period under sub-section (2), except in circumstances beyond her control, the period spent outside prison shall not be considered as being inside the prison, and that period shall also be added to the period she is required to serve imprisonment.
(5) If a pregnant detainee released on surety pursuant to sub-section (2) does not return to prison within the period under that sub-section, the Prison Administrator shall deploy security personnel to produce her in prison. 38. Protection of Other Detainees in Special Circumstances: The Prison Administrator shall pay special attention as prescribed regarding the diet, accommodation and health examination of the following detainees in prison:
(a) Those with disabilities,
(b) Mentally ill,
(c) Those with serious diseases, and
(d) Those who have reached the age of sixty-five. 39.
Prison Act, 2022

40. Management of Detainees in Special Prison: (1) Convicted prisoners who have been sentenced to imprisonment for the remainder of their natural life pursuant to prevailing law shall be kept in a Special Prison.
(2) Convicted prisoners sentenced to life imprisonment pursuant to prevailing law may be kept in a Special Prison based

(3) If prison records or any file or document is destroyed, damaged, or torn,

(4) If handcuffs are opened or broken without permission,

(5) If any prohibited item or goods are brought, kept, or sent inside the prison,

(6) If damage is caused by using any object or weapon from the factory or kitchen,

(7) If CCTV, metal detectors, or other equipment installed in the prison are destroyed, or an attempt is made to do so.

(E) If the following offences are committed, imprisonment for up to two years or a fine of up to twenty thousand rupees or both:

(1) If insulting or threatening language is used against any person,

(2) If indecent or undisciplined acts are performed,

(3) If any act or thing is done or caused to be done contrary to this Act or the rules made under this Act.

(F) If any person commits an offence of sexual abuse against any prisoner, in addition to the punishment under the prevailing law, imprisonment for up to two additional years or a fine of up to twenty thousand rupees or both shall be imposed.

(2) If any person causes a prisoner to escape or attempts to do so, imprisonment for up to three years or a fine of up to thirty thousand rupees or both shall be imposed.

(3) If any employee or security personnel knowingly or negligently allows an act under sub-section (1) or (2) to occur, such employee or security personnel shall also be liable to the same punishment as mentioned in that sub-section.

(4) If a prisoner released on bail or bond under sub-section (2) of section 37 fails to present themselves at the prison within that period, the person who took such bail or bond shall be liable to imprisonment for up to one year or a fine of up to ten thousand rupees or both. 50. Government to be plaintiff: (1) The case to be proceeded with and decided under section 49 shall have the Government of Nepal as plaintiff, and such case shall be deemed to be included in Schedule-1 of the National Criminal Procedure Code, 2074.

(2) While conducting investigation and proceedings of cases under section 49, it shall be done on the basis of a report from the prison administrator or any employee of the prison office. 41.
Prison Act, 2022

41. Authority to hear cases: The authority to proceed with and decide cases under section 49 shall lie with the concerned District Court. 42. Power to impose fine: (1) If any person commits, attempts to commit, or abets any of the following acts, the prison administrator may impose a fine of up to ten thousand rupees:

(a) Violation of the code of conduct under section 53, or

(b) Bringing into or taking out of the prison any article other than those prohibited under this Act or prevailing law, contrary to this Act.

(2) A person dissatisfied with the fine imposed under sub-section (1) may appeal to the concerned District Court within thirty-five days. Chapter-9
Miscellaneous

43. To formulate code of conduct: (1) The Department shall formulate and implement a code of conduct to be followed by employees of the prison office, security personnel, prisoners, and visitors, in order to maintain orderly administration of the prison, maintain discipline among prisoners, or manage prison security.

(2) Compliance with the code of conduct under sub-section (1) shall be the duty of all employees, security personnel, prisoners, and concerned persons.

(3) An employee or security personnel who violates the code of conduct under sub-section (1) shall, in addition to the fine under sub-section (1) of section 52, also be liable to departmental action under prevailing law. 44. Facilities for special responsibilities: (1) For the internal management of the prison, watchmen, headmen, or assistant headmen may be appointed from among the prisoners.

(2) When appointing watchmen, headmen, or assistant headmen under sub-section (1), as far as possible, a prisoner serving a sentence for an offence for which the sentence is not remitted under prevailing law shall not be appointed.

(3) When appointing watchmen, headmen, or assistant headmen under sub-section (1), the appointment shall not be for a period exceeding one year, and a prisoner who has once been given the responsibility of watchman shall not be appointed to the same or another responsibility before one year has elapsed after completing such responsibility.

(4) In respect of watchmen, headmen, or assistant headmen appointed under sub-section (1), or a teacher appointed under sub-section (4) of section 24, or a prisoner working in the factory under section 26, remission of sentence shall be as follows:

(a) In the case of a watchman, six days per month,
(b) In the case of a headman, five days per month,
(c) In the case of an assistant headman, four days per month,
(d) In the case of a teacher, six days per month,
(e) In the case of a factory worker, six days per month. 45.
Prison Act, 2022

45. Right to make complaint or grievance: (1) The prison administrator shall make arrangements whereby a prisoner can make a complaint or grievance, individually or collectively, regarding any hardship suffered.

(2) During an inspection under section 42, 43, or 44, a prisoner may make a complaint or grievance regarding any hardship suffered to the inspecting officer.

(3) If a complaint or grievance is made under sub-section (1) or (2), the prison administrator shall promptly investigate the matter and take necessary action regarding such complaint or grievance.

(4) The matter of a complaint or grievance made under sub-section (3) shall be forwarded by the inspecting officer to the concerned body or authority.

(5) Regarding a complaint or grievance received under sub-section (4), the concerned body or authority shall take necessary action and also inform the inspecting officer thereof. 46. To be according to prevailing law: Matters provided for in this Act shall be according to this Act, and other matters shall be according to prevailing law. 47. Evaluation of implementation of Act: Within one year of the completion of five years from the commencement of this Act, and thereafter within one year after every five years, the Ministry shall evaluate the implementation of this Act and submit a report thereof to the concerned committee of both houses of the Federal Parliament. 48. Power to make rules: (1) The Government of Nepal may make necessary rules for the implementation of this Act.

(2) Without prejudice to the generality of sub-section (1), such rules may provide for the following matters:

(a) Regarding the duties, functions, and powers of the Department and the prison administrator,
(b) Regarding the management of prisons,
(c) Regarding the deployment and coordination of security personnel in prisons,
(d) Regarding the daily use articles that a prisoner may bring into the prison,
(e) Regarding the standards for facilities and infrastructure to be provided to prisoners and their construction and operation,
(f) Regarding the ration and clothing to be provided to prisoners,
(g) Regarding the engagement of prisoners in work within the prison,
(h) Regarding the production of prisoners before the court,
(i) Regarding the facilities to be provided to pregnant or postpartum prisoners and the procedures to be followed in that regard,
(j) Regarding the release of prisoners who have become incapacitated due to serious illness,
(k) Regarding the placement of prisoners in special prisons and open prisons,
(l) Regarding the appointment of watchmen, headmen, and assistant headmen. 49. Repeal and saving: (1) The Prison Act, 2019 is hereby repealed.

(2) All acts and proceedings done under the Prison Act, 2019 shall be deemed to have been done under this Act.
Civil Service Act, 1993

Civil Service Act, 2049

Royal Seal and Date of Publication
2050.2.4

Amending Acts

1. Nepal Health Service Act, 2053 2053.11.15
2. Civil Service (First Amendment) Act, 2055 2055.3.29
3. Some Nepal Acts Amendment Act, 2057 2057.4.26
4. Parliament Secretariat Related Act, 2058 2058.8.28
5. Civil Service (Second Amendment) Act, 2064 2064.4.23
6. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.1.07
7. Civil Service (Third Amendment) Act, 2070 2070.12.12
8. Civil Service (Fourth Amendment) Act, 2072 2072.3.29
9. Some Nepal Acts Amendment Act, 2072 2072.11.13
10. Pension Fund Act, 2075 2075.12.4
11. Administrative Court Act, 2076 2076.6.24

Act No. 2 of the year 2050



An Act Made to Provide for the Formation, Operation and Service Conditions of the Civil Service

Preamble: Whereas it is expedient to make provisions relating to the formation, operation and service conditions of the civil service in order to make the civil service more competent, robust, service-oriented and accountable,

The Federal Parliament has enacted this Act. Parliament enacted this Act in the twenty-second year of the reign of His Majesty King Birendra Bir Bikram Shah Dev. Chapter-1

Preliminary

1. Short Title and Commencement: (1) This Act may be called the "Civil Service Act, 2049".

(2) This Act shall come into force immediately. 2. Definitions: Unless the subject or context otherwise requires, in this Act,-

(a) "Civil Service" means the civil service constituted pursuant to Section 3.

(b) "Civil Servant" means a person holding a post in the civil service.

(c) "Appointing Authority" means the officer authorized to make appointment pursuant to Section 9. Added by the Fourth Amendment.(ca) "Permanent Residency Permit" means the Diversity Immigrant Visa (DV), Permanent Resident Visa (PR) or Green Card provided to a Nepali citizen to reside permanently in a foreign country, whether subject to any condition or not, and the term also denotes a permanent residency permit of any name given to a Nepali citizen to reside permanently abroad.

(d) "Family" means the spouse, son, unmarried daughter, adopted son, unmarried adopted daughter, father, mother or step-mother who lives with the civil servant and whom the civil servant himself/herself has to support, and the term also denotes Amended by the Second Amendment. the grand-father and grand-mother of a male and unmarried female employee and Added by the Second Amendment. the mother-in-law and father-in-law of a married female employee.

(e) "Departmental Head" means the officer designated as such.

(f) "Office Chief" means the chief employee of the designated office.

(g) "Permanent Post" means a post in the civil service that carries pension and for which no term is fixed.

(h) "Specialist Post" means a post having work, duties and responsibilities of a special nature and requiring special qualification.
Civil Service Act, 1993

Added by the Second Amendment.(ha) "Trade Union of Civil Servants" means the trade union of civil servants formed under sub-section (1) of Section 53. Added by the Second Amendment.(hb) "Authorized Trade Union of Civil Servants" means the authorized trade union of civil servants formed pursuant to sub-section (3) of Section 53.

(i) "Prescribed" or "as prescribed" means prescribed or as prescribed in the rules made under this Act. Chapter-2

Formation of Civil Services

Added by the First Amendment.2A. Central Body for Personnel Administration: (1) The Ministry of General Administration shall act as the central body for the formation, operation and service conditions of the civil service and the management and operation of civil servants to administer the country.

(2) Except as otherwise provided in this Act or in the rules made under this Act, no work relating to civil service personnel administration shall be done without the policy approval of the Ministry of General Administration. 3. Formation of Civil Services: The Government of Nepal shall form the following civil services:-

Amended by the First Amendment.(a) Nepal Economic Planning and Statistics Service

(b) Nepal Engineering Service

(c) Nepal Agriculture Service

(d) Nepal Judicial Service

Added by the Second Amendment.(da) Nepal Foreign Affairs Service

(e) Nepal Civil Administration Service

Added by the Second Amendment.(ea) Nepal Audit Service

(f) Nepal Forest Service

(g) Nepal Miscellaneous Service

(h) Nepal Education Service

(i)

(j) μ

Amended by the Second Amendment.4. Classes: (1) The civil service shall have the following classes:-

 Gazetted Non-Gazetted

 Special First
 First Second
 Second Third
 Third Fourth
 Fifth

(2) Employees working in classless posts at the time of commencement of this section, if they wish to be included in a class, such employees shall be placed in the Non-Gazetted Fifth Class as prescribed. Added by the Second Amendment.4A. Special Provision Relating to Unified Civil Service System: Notwithstanding anything contained in Section 4, the Government of Nepal shall, from a date specified by a notification published in the Nepal Gazette, convert the class system of the civil service into a level system and implement a unified civil service system. 5. Posts of Services: (1) The various classes of the civil service shall have technical and administrative posts of various levels, including specialist posts.

(2) Except as provided in sub-section (1), the civil service may also have such classless posts as prescribed.

(3) 🤚

Added by the Second Amendment.5A. Job Description: (1) The concerned Secretary, Departmental Head and Office Chief shall, on the basis of the job description of the organization approved by the Government of Nepal, prepare and implement a job description for each civil service post.
Civil Service Act, 1993

Job Description: (1) The concerned Secretary, Departmental Head and Office Chief shall, on the basis of the job description of the organization approved by the Government of Nepal, prepare and implement a job description for each civil service post. Such job description shall clearly specify the work, duties, responsibilities, authority and qualifications of that post.

(2) When posting a civil servant to any post, the job description and the indicators for evaluating work according to the job description shall be provided along with the letter of posting.

(3) Other arrangements relating to job description shall be as prescribed. Amended by the Fourth Amendment.6. Groups and Sub-groups: (1) The civil service shall have the services as per Section 3.

(2) Notwithstanding anything contained in sub-section (1), for the purpose of service specialization up to the Gazetted Special Class, the services are grouped (clustered) as follows:-

(a) Nepal Engineering Service,

(b) Nepal Agriculture and Forest Service,

(c) Nepal Judicial Service,

(d) Nepal Foreign Affairs Service,

(e) Nepal Civil Administration Service, and

(f) Nepal Audit Service.

(3) The Gazetted Special Class posts in the services under sub-section (2) shall be as prescribed.

(4) The services formed under Section 3 shall have such groups and sub-groups as prescribed.

(5) The minimum qualifications required for various posts in the groups and sub-groups of the services formed under Section 3 shall be as prescribed. Chapter-3

Recruitment to the Civil Service

Added by the First Amendment.6A. Creation of Posts: (1) The sanctioned posts of posts in the civil service shall be created as prescribed. Amended by the Second Amendment.(2) While preparing the organizational structure for establishing a new government office, and while creating new sanctioned posts or reviewing or altering the existing organizational structure and sanctioned posts, the concerned Ministry shall conduct an organization and management survey based on the program, workload, nature of work, reasons and justification for adding posts, and available human resources, and, with the consent of the Ministry of Finance, submit it to the Ministry of General Administration. Added by the Second Amendment.(2A) On the basis of the consent received pursuant to sub-section (2), the Ministry of General Administration shall evaluate it and submit it to the Government of Nepal, Cabinet, for approval within thirty days. Provided that, in the case of alteration of organizational structure and sanctioned posts, an organization and management survey may be conducted only for the altered organizational structure and sanctioned posts and a report submitted.

(3) A post created and filled contrary to sub-sections Amended by the Second Amendment.(1), (2) and (2A) shall stand automatically abolished. Amended by the Third Amendment.7.
Civil Service Act, 1993

Amended by the Third Amendment.7. Recruitment to the Civil Service: (1) Recruitment to the Gazetted Special Class post of the civil service shall be as per sub-section (2) of Section 19, and to the following posts as follows:-

 Post By Open Competition By Evaluation of Efficiency By Internal Competitive Examination By Seniority and Performance Evaluation

 (a) Classless/Non-Gazetted Fifth Class 100% - - -
 (b) Non-Gazetted Fourth Class - - - -
 (c) Non-Gazetted Third Class - - - -
 (d) Non-Gazetted Second Class 70% - 20% 10%
 (e) Non-Gazetted First Class 40% 20% - 40%
 (f) Gazetted Third Class 70% - - 30%
 (g) Gazetted Second Class 10% 35% 20% 35%
 (h) Gazetted First Class 10% 35% 20% 35%

Added by the Third Amendment.(1A) Notwithstanding anything contained in sub-section (1), in the following circumstances, vacancies shall be filled as follows:-

(a) If all or some of the posts set aside for promotion by seniority and performance evaluation cannot be filled due to lack of eligible candidates, such posts for that year shall be filled by promotion by evaluation of efficiency;

Provided that, if all or some of the posts of Gazetted Third Class referred to in clause (f) of sub-section (1) set aside for promotion by seniority and performance evaluation cannot be filled due to lack of eligible candidates, such posts shall be filled by open competition.

(b) If all or some of the posts set aside for promotion by evaluation of efficiency cannot be filled due to lack of eligible candidates, such posts for that year shall be filled by open competitive examination.

(c) All vacant posts in a service group or sub-group which does not have a post one class below shall be filled by open competition. Added by the Third Amendment.(1B) For recruitment pursuant to this section, the Public Service Commission shall determine the number of posts and publish an advertisement.

(2) Bahidars or equivalent employees working in the Non-Gazetted Fourth Class at the time of commencement of this section shall, from the date of commencement of this section, stand automatically placed in the Non-Gazetted Third Class.

(3) Notwithstanding anything contained in clause (c) of sub-section (1), if no civil servant is holding a Non-Gazetted Third Class post, such post shall stand automatically abolished. If a civil servant working in a Non-Gazetted Third Class post has the required service period for promotion to the next post and has attained the prescribed educational qualification for the post one class below the class of the post to be promoted, he/she shall be promoted to the post one class above.
Civil Service Act, 1993

Added by the Fourth Amendment.(14A) For posts up to Gazetted Second Class to be filled by promotion by internal competitive examination under sub-section (1) of Section 7, all employees serving in the services under this Act, the Legislature-Parliament Secretariat Related Act, 2064, and the Nepal Health Service Act, 2053, who have fulfilled the service period and qualification prescribed for that post, shall be eligible candidates. Deleted by the Third Amendment.(15)

(16) Notwithstanding anything contained elsewhere in this section, for the Gazetted Second and First Class posts to be filled by open competition under clauses (g) and (h) of sub-section (1), the minimum qualification required shall be having obtained a Master's degree in the relevant subject and, in the case of a Gazetted Second Class post, five years of experience, and in the case of a Gazetted First Class post, seven years of experience, at the officer level in any government service or in an organized institution registered under prevailing law or an international organization or institution. Provided that, in the case of a person who has obtained a doctoral level degree, the experience period shall be reduced by two years. Added by the Third Amendment.(16A) Notwithstanding anything contained in sub-section (16), work experience on a part-time basis in any entity shall not be counted for that purpose. Explanation: For the purpose of this sub-section, "worked on a part-time basis" means work performed for less than forty hours per week.

(17) Other arrangements relating to recruitment to the civil service and arrangements relating to the filling of specialist posts shall be as prescribed. Amended by the Second Amendment.7A. Provision for Requesting Recruitment: (1) If any post of the civil service becomes vacant, the concerned agency shall give information thereof to the Public Service Commission within one month of the vacancy and inform the Ministry of General Administration thereof. The officer who fails to give information within that period shall be liable to departmental action.

(2) The details of posts that have become vacant and for which recruitment has been requested pursuant to sub-section (1) shall be published publicly each year within the month of Shrawan as prescribed.

(3) While requesting recruitment for the civil service, the request may be made by ascertaining the posts that have become vacant up to that period and the posts that will become vacant within the current fiscal year due to retirement and promotion.

(4) Other arrangements relating to requesting recruitment shall be as prescribed. Added by the First Amendment.7B.
Civil Service Act, 1993

Added by the First Amendment.7B. Prohibition on Recruitment: (1) No post in the civil service shall be filled by any method other than those provided in this Act.

(2) In the case of civil servants working in Ministries, Secretariats, Commissions and Departments and offices located within the Valley, salary shall not be paid without passing the salary report from the Civil Book Depot, and in the case of civil servants in district level offices, from the concerned Treasury and Comptroller Office. Amended by the Second Amendment.(3) If an employee is appointed contrary to sub-section (1), the amount of salary, allowance and other facilities received by such employee shall be recovered from the appointing officer as a government due, and if salary is paid without passing the salary report pursuant to sub-section (2), the amount paid shall be recovered from the officer making such payment as a government due. Provided that this sub-section shall not be deemed to prevent paying salary to an employee who has been declared surplus. Explanation: For the purpose of this sub-section, "employee declared surplus" means an employee whose organization or post has been abolished and who has not yet been adjusted to another organization or post. Added by the First Amendment.7C. Prohibition on Appointment on Wage Basis or Contract: (1) After the commencement of this Act, no one shall appoint any person on a wage basis or contract for work that is required to be done by a civil servant.

(2) If anyone appoints a person contrary to sub-section (1), the amount of salary, allowance and other facilities received by the person so appointed shall be recovered from the appointing officer as a government due. 8. Appointment to be Made on the Recommendation of the Public Service Commission: (1) Appointment to posts to be filled by open competition or internal competition Deleted by the Second Amendment shall be made on the recommendation of the Public Service Commission.

(2)Deleted by the Some Nepal Acts Amendment Act, 2072

9. Appointment to Posts of the Civil Service: (1) The Government of Nepal shall appoint to the Gazetted posts of the civil service, and notice of such appointment shall be published in the Nepal Gazette.

(2) The Departmental Head may appoint to the Non-Gazetted posts of the civil service.

(3) Notwithstanding anything contained in sub-section (2), the Office Chief may appoint to the Gazetted and classless posts of his/her office and subordinate offices. 10.
Civil Service Act, 1993

10. Disqualification for Being a Candidate: (1) The following persons shall not be eligible to be candidates for a post in the civil service:-

(a) Those who have not completed 18 years of age for Non-Gazetted and classless posts,

(b) Those who have not completed 21 years of age for Gazetted posts,

(c) In the case of male candidates, those who have completed 35 years of age, and in the case of female candidates, those who have completed 40 years of age,

Provided that,

(1) Any person not exceeding forty years of age may be a candidate for a post in the civil service designated for the appointment of ex-servicemen or ex-police Deleted by the Second Amendment . Amended by the Second Amendment.(2) Persons not exceeding forty-five years of age may be candidates for open competition for Gazetted Second and First Class posts.

(3) The age limit for candidates shall not apply in the case of permanent serving employees of the civil service. Added by the Third Amendment.(4) Persons with disabilities prescribed pursuant to sub-section (8) of Section 7 may be candidates up to the age of forty years.

(d) Those who have been dismissed from service in a manner that renders them disqualified for government service in the future,

(e) Non-Nepali citizens,

(f) Those convicted by a court on a criminal charge involving moral turpitude. Amended by the Second Amendment.(2) In the case of female employees who have been continuously serving for at least five years on a temporary appointment in a development plan or development post of the Government of Nepal, the age bar shall not apply to be a candidate in the advertisement of the Public Service Commission for open competition. 11.