chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Civil Service Act, 1993

24, 24a, 24b, 24c, 24d, or the rules made thereunder, provision shall be made so that such amendment shall come into effect only from the date one year after such amendment. Amended by the Second Amendment. 26. Change of Service, Group, or Sub-Group: If the Government of Nepal requires an employee with specific qualifications for a certain grade of a certain service, group, or sub-group in the civil service, and such requirement cannot be met through transfer or promotion from within that service, group, or sub-group, and it is necessary to fill the post by changing service from another civil service, group, or sub-group, the Government of Nepal shall make a request to that effect and send it to the Public Service Commission. The Government of Nepal shall change the service, group, or sub-group of civil servants selected through competitive examination among civil servants of the same grade with the qualifications specified in the advertisement published by the Public Service Commission. Provided that if a post in a body of the Government of Nepal becomes unnecessary and the post is abolished, and no post of that service, group, sub-group, and grade is vacant in any other body and does not become vacant for up to one year, and it is necessary to change the service, group, or sub-group of the employee working in such post, nothing mentioned in this section shall be deemed to prevent the Government of Nepal from grouping the employee into another service, group, or sub-group after consulting the Public Service Commission. Chapter- 5
Salary Allowance, Festival Expense and Other Facilities

27. Salary Allowance: (1) A civil servant shall receive salary allowance from the day of assuming office in his/her post. Added by the Second Amendment. (1a) For reviewing the salary, allowance, and other facilities of civil servants, there shall be a Salary Allowance Review Committee as follows:

(a) Chief Secretary of the Government of Nepal — Chairperson

(b) Secretary, Ministry of Finance — Member

(c) Secretary, Ministry of General Administration — Member

Added by the Second Amendment. (1b) The Salary Allowance Review Committee shall, each year, determine the dearness allowance based on the consumer price index and recommend it to the Government of Nepal. The Committee shall, every three years, review the salary, allowance, and other facilities based on the revenue growth rate, total number of posts, and the dearness allowance provided in the previous three years based on the price index. The Committee may determine its own procedures. Added by the Second Amendment. (1c) The Committee under sub-section (1a) may form sub-committees as needed and invite experts or stakeholders from relevant fields to the committee for suggestions.
Civil Service Act, 1993

The Committee may determine its own procedures. Added by the Second Amendment. (1c) The Committee under sub-section (1a) may form sub-committees as needed and invite experts or stakeholders from relevant fields to the committee for suggestions. Added by the Second Amendment. (1d) The secretariat of the Committee under sub-section (1a) shall be the Ministry of General Administration. Amended by the Second Amendment. (2) Based on the recommendation of the Committee under sub-section (1a), the Government of Nepal may provide up to seventy-five percent of the annually increasing consumer price index amount to civil servants as an allowance each year. In the year when the allowance amount so provided reaches twenty-five percent or more of the initial salary scale, twenty-five percent of the amount may be adjusted into the salary scale, and the remaining amount may be provided as an allowance. Amended by the First Amendment. (3) Except in the circumstances mentioned in section 29 or 60, after the commencement of this Act, every civil servant shall, after completing one year of service, receive a salary increment of the amount as prescribed. Amended by the Act to Amend Some Nepal Acts, 2075. Provided that when prescribing such salary increment, the number of increments shall be adjusted so that the amount already received by the concerned employee does not decrease. If a salary increment of a civil servant is withheld, the concerned officer must state in writing from which date such increment shall be released. 28. Entitlement to Drawn Salary Allowance: (1) Every month after payment, a civil servant shall receive salary Amended by the First Amendment. and allowance, and also allowance if entitled.

(2) A civil servant who has drawn salary Amended by the First Amendment. and allowance, if entitled to allowance, shall receive it even if the employee ceases to be in civil service for any reason.

(3) No salary of a civil servant shall be deducted except as provided in this Act or the rules made under this Act.

(4) The salary payable to a civil servant shall not be withheld while the employee is working or on leave. Amended by the Second Amendment. 28a. Performance Incentive Fund: (1) The Government of Nepal may establish a Performance Incentive Fund to incentivize civil servants based on their performance, work results, and achieved outcomes.

(2) The amount in the Fund under sub-section (1), its operation, management, and other provisions shall be as prescribed. 29.
Civil Service Act, 1993

28a. Performance Incentive Fund: (1) The Government of Nepal may establish a Performance Incentive Fund to incentivize civil servants based on their performance, work results, and achieved outcomes.

(2) The amount in the Fund under sub-section (1), its operation, management, and other provisions shall be as prescribed. 29. Crossing Efficiency Bar: No civil servant shall be considered to have crossed the efficiency bar unless the secretary of the concerned ministry in the case of a gazetted employee, and the authority in the case of a non-gazetted employee, states in writing that the civil servant is eligible to cross the efficiency bar. 30. Salary Payable in Case of Suspension: (1) If a civil servant is suspended in connection with government work or as a result of action taken on behalf of the Government of Nepal, the employee shall receive only half of his/her salary during the period of suspension. Provided that if the employee is acquitted as the alleged charge is not proven, if half salary was received during the suspension period, after deducting that, the full salary (including any increment) shall be paid; if not received, full salary shall be paid. If found guilty, no remaining salary and allowance from the date of suspension shall be paid.

(2) If a civil servant remains suspended for any reason other than those mentioned in sub-section (1), the employee shall not receive salary for such period of suspension. 31. Deposit of Amount in Employees' Provident Fund: Ten percent of the monthly salary of civil servants shall be deducted, and the Government of Nepal shall add an equal amount (one hundred percent) and deposit it in the Employees' Provident Fund. Amended by the Second Amendment. 32. Festival Expense and Other Facilities: (1) A civil servant shall receive an amount equal to one month's salary drawn by the employee each year as festival expense for festivals celebrated according to his/her religion, culture, and tradition. Such amount may be received by the employee once in a fiscal year on the occasion of the main festival celebrated according to his/her religion, culture, and tradition.

(2) An employee retired with a pension shall be given an amount equal to one month's pension received by the employee as festival expense.

(3) Provisions relating to medical expenses, disability pension, facilities for disablement, extraordinary family pension and gratuity, educational allowance, child pension, childcare allowance, or other facilities receivable by a civil servant shall be as prescribed.
Civil Service Act, 1993

Chapter- 6
Retirement, Grat

(2) Notwithstanding anything contained in sub-section (1), if a person entitled to receive pension under section 37 goes missing before receiving the pension, the full amount of pension shall be provided to his/her family for up to seven years, and if he/she goes missing after starting to receive the pension, for the remaining period up to seven years, and after that period, family pension shall be provided to the spouse at half the rate of pension for life.

(3) If an employee who had gone missing is later found, and if the gratuity under section 36 has not already been paid, such gratuity or the amount of pension receivable under section 37 shall be given to him/her from the date he/she comes to claim it. Provided that, the person later found shall not be entitled to claim the gratuity, pension or family pension amount already paid under sub-section (1) or (2). Amended by the Pension Fund Act, 2075.39B. Special provision relating to contributory pension fund: (1) In the case of employees appointed to the civil service after the commencement of this Act, the provisions according to the prevalent law relating to the contributory pension system shall apply.

(2) In the case of civil servants to whom the contributory pension system applies pursuant to sub-section (1), the provisions of sections 35, 36, 37, 37A, 38, 39, 39A and 39C shall not apply. Inserted by the Second Amendment.39C. Special provision relating to family pension: (1) Notwithstanding anything contained elsewhere in this Act, if a civil servant dies due to conflict in the course of performing duties assigned by the Government of Nepal, and if the service period of such employee is less than twenty years, the remaining period shall be added and pension under this Act shall be provided to his/her spouse for life.

(2) A person receiving pension under sub-section (1) shall not be entitled to family pension or gratuity under section 39.

(3) If a person receiving pension under this section remarries, he/she shall not receive such pension.

(4) When the salary of a serving civil servant is increased, two-thirds of the amount of increase in the initial salary figure shall also be added to the family pension amount being received by a person under this section.

(5) If the person receiving pension under this section dies or remarries, if the deceased employee has minor children, such children shall receive the amount of such pension as prescribed until they attain majority. Inserted by the Second Amendment.39D. Special financial facility: If a civil servant dies while in service, a lump sum of one hundred and fifty thousand rupees shall be provided to his/her family. 40.
Civil Service Act, 1993

Inserted by the Second Amendment.39D. Special financial facility: If a civil servant dies while in service, a lump sum of one hundred and fifty thousand rupees shall be provided to his/her family. 40. Mention of salary: (1) Wherever salary is mentioned in this Chapter and Chapter 5, it shall mean the current salary amount (including salary increment) of the concerned civil servant.

(2) For the purposes of sections 36 and 37, "last salary" shall mean the salary of the concerned employee at the time of retirement, and if a civil servant was on extraordinary leave or suspension at the time of such retirement, full salary shall be calculated even for such period. Amended by the Second Amendment.40A. Provision relating to insurance facility: (1) The Government of Nepal shall establish a term life insurance fund for the insurance of civil servants.

(2) Two hundred rupees shall be deducted from the monthly salary of each civil servant and deposited in the fund under sub-section (1), and the Government of Nepal shall add an equal amount and provide a twenty-year term life insurance policy for a sum assured of one hundred thousand rupees. Upon the employee's retirement from service, the sum assured and bonus shall be paid to him/her from the amount accumulated in the insurance fund.

(3) If a civil servant dies before completing the twenty-year period from the start of deductions under sub-section (2), his/her family shall receive one hundred thousand rupees. If a civil servant is compulsorily retired from service, the amount as follows shall be provided:-
(a) If deductions have been made for less than one year, ten thousand rupees,
(b) If deductions have been made for one to five years, twenty-five thousand rupees,
(c) If deductions have been made for five to ten years, fifty thousand rupees,
(d) If deductions have been made for ten to fifteen years, seventy-five thousand rupees,
(e) If deductions have been made for up to twenty years, one hundred thousand rupees. Provided that, if the amount deposited by him/her along with interest and dividend exceeds the aforementioned amount, an amount equal to that shall be provided from the said fund.

(4) If a civil servant leaves service in any manner other than compulsory retirement before completing the twenty-year period from the start of depositing amounts under sub-section (2), such employee shall be provided an amount equal to the surrender value.

(5) Notwithstanding anything contained in sub-sections (2) and (3), an employee retiring from the civil service may continue the term life insurance in a manner that the amount deposited matures within twenty years or less.
Civil Service Act, 1993

Provided that, the Government of Nepal shall not bear any cost thereof.

(6) Other provisions relating to the term life insurance fund shall be as prescribed. Inserted by the First Amendment.40B. Provision relating to study, training or study tour: (1) The concerned ministry, commission or secretariat shall, in order to send its subordinate employees for study, training or study tour, prepare a related statement each year and send it to the Ministry of General Administration.

(2) After receiving the statement pursuant to sub-section (1), the Ministry of General Administration shall specify the number on a thematic basis for study, training or study tour and send the details thereof to the National Planning Commission. Amended by the Fourth Amendment.(3) For the equitable distribution of opportunities for study, training or study tour received in the name of the Government of Nepal by the National Planning Commission and other government bodies to all services including the Nepal Legislature-Parliament Service, Nepal Health Service, there shall be a committee as follows:
(a) Chief Secretary of the Government of Nepal — Chairperson
(b) Secretary of the Ministry of Finance — Member
(c) Secretary of the Ministry of Law, Justice, Constituent Assembly and Parliamentary Affairs — Member
(d) Secretary of the National Planning Commission — Member
(e) Secretary of the Ministry of General Administration — Member Secretary

Inserted by the Fourth Amendment.(3A) An annual report relating to the work performed regarding the distribution of opportunities for study, training or study tour received pursuant to sub-section (3) shall be submitted to the State Affairs Committee of the Legislature-Parliament.

(4) The distribution of opportunities according to the decision of the committee under sub-section (3) shall be done by the Ministry of General Administration. Inserted by the Fourth Amendment.(4A) An employee who has gone for foreign study, training or study tour under this section shall, after completing such study, training or study tour, prepare a related report and submit it to his/her office.

(5) The bases for nomination for study, training or study tour shall be as prescribed. Inserted by the First Amendment.40C.
Civil Service Act, 1993

Inserted by the First Amendment.40C. Period of service required after completion of study, training or study tour: A civil servant who goes for study, training or study tour on the nomination of the Government of Nepal shall, after completing such study, training or study tour, compulsorily serve in the ministry or office where he/she was working before going for the study, training or study tour, subject to this Act, for the following period:

 Duration of study, training or study tour Minimum period of service required

 (a) Up to three months One year
 (b) From three months to six months One and a half years
 (c) From six months 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

Amended by the Second Amendment.40D. Bond to be executed: (1) Before going for study, training or study tour on government nomination, any civil servant shall execute a bond agreeing to return after completing such study, training or study tour and serve for the period under section 40C.

(2) If a civil servant who has gone on government nomination under sub-section (1) does not return to serve after completing the study, training or study tour, or does not complete the required service period under section 40C, and does not deposit the salary, allowance received by him/her during the study, training or study tour period, the scholarship amount received by him/her, and other amounts mentioned in the bond within the prescribed period, it shall be recovered as government dues.

(3) A civil servant who goes on private initiative with prior approval of the competent authority shall, after completing the study, training or study tour, execute a bond to serve for a period equal to the time spent on the study, training or study tour.

(4) If a civil servant who has gone for study under sub-sections (1) and (3) does not return to serve after completing the study, training or study tour, or does not complete the service period, the period of such study, training or study tour shall not be counted towards his/her service period.

(5) Notwithstanding anything contained elsewhere in this section, if an employee who has gone for study, training or study tour is unable to complete the service period under section 40C due to compulsory retirement or death, no amount shall be recovered from him/her or his/her family. Chapter 7

Conduct

41.
Civil Service Act, 1993

Chapter 7

Conduct

41. Punctuality and regularity: A civil servant shall attend office regularly at the time fixed by the Government of Nepal and shall not, as far as possible, be absent from work without prior leave approval. 42. Discipline and obedience: (1) A civil servant shall remain disciplined and perform his/her duties with honesty and promptness.

(2) A civil servant shall promptly carry out the orders given by a superior officer on matters relating to government work.

(3) A civil servant shall show due respect to all employees senior to him/her and behave properly towards employees junior to him/her. 43. Not to exert political or undesirable influence: No civil servant shall, with the intention of achieving personal gains in matters relating to his/her service, exert or attempt to exert any political or undesirable influence over other employees. 44. Not to participate in politics: A civil servant shall not participate in politics. 45. Not to criticise the government: (1) No civil servant shall, in a manner contrary to the policy of the Government of Nepal or likely to disrupt the mutual relationship between the Government of Nepal and the people or relations with any foreign state, publish any article, give any news to the press, broadcast any speech via radio or television etc., deliver any public speech, or publish any statement, under his/her real or assumed name or anonymously.

(2) Notwithstanding anything contained in sub-section (1), there shall be no bar to publishing or broadcasting articles in a manner not contrary to the prevalent law and the policy of the Government of Nepal. 46. Prohibition on publishing news relating to government work: No civil servant shall, without authorisation by the Government of Nepal, directly or indirectly give or disclose to any other unauthorised employee or non-governmental person or press, any confidential matter or matter prohibited by law that has come to his/her knowledge while performing government duties, or any paper or news he/she has written or collected. This prohibition shall continue to apply even to a person who has left government service for any reason. 47. Prohibition on receiving donations, gifts, subscriptions etc. and taking loans: (1) No civil servant shall, without prior approval of the Government of Nepal, in a manner that may in any way affect government work, himself/herself or through any member of his/her family, accept any kind of donation, charity, gift or present, or solicit subscriptions, or take loans from a person related to government work.

(2) If a civil servant receives any gift from any foreign government or any representative of a foreign government, he/she shall inform the Government of Nepal thereof and act as directed. 48.
Civil Service Act, 1993

Provided that, there shall be no bar to exercising his/her right to vote in accordance with prevalent law without disclosing whom he/she has voted for or intends to vote for. Inserted by the Fourth Amendment.49A. Not to take up employment or service elsewhere: (1) A civil servant shall not take up any kind of employment elsewhere, or perform work providing service as a consultant, advisor, expert or in any capacity with a view to receiving financial benefit or any facility.

(2) Notwithstanding anything contained in sub-section (1), the following acts shall not be deemed to be obstructed:
(a) Providing service to someone in the course of performing official duties or carrying out tasks assigned or imposed by an authorised officer,
(b) Rendering any service to or doing any task assigned by the relevant educational institution while studying in a domestic or foreign educational institution on study leave under prevalent law,
(c) Serving in a relevant body where leave or deputation is approved by the competent authority, finding the service of regional or international organisations of which Nepal is a member state, or national or international educational, academic or research organisations, to be useful for the concerned service, group, subgroup,
(d) Participating in, delivering lectures at, or presenting working papers at programs situated in Nepal or abroad, with the approval of the competent authority, in a manner not contrary to the policy of the Government of Nepal,
(e) Conducting training or research at educational, academic or training institutions outside office hours, with prior approval of the competent authority,
(f) Conducting training-related work or research at a training institution operated by the Government of Nepal or under full or partial ownership or control of the Government of Nepal, without hindering office work,
(g) Rendering service for human welfare, charity or social well-being, without hindering office work,
(h) Becoming a member of his/her professional organisation or any other social institution, without receiving financial benefit or any facility, without hindering office work, and without harming the interest of the Government of Nepal.
Civil Service Act, 1993

Explanation: For the purposes of this clause, "social institution" shall mean social associations and institutions based on tradition and community, active in society in the course of fulfilling social needs, and the term also denotes institutions related to literature, art, culture, sports, music, science, religion or any other similar genre or field, registered under prevalent law.

(3) Notwithstanding anything contained elsewhere in this section, an employee involved in the process of competitive examinations conducted by the Public Service Commission or public bodies for recruitment shall not provide training in such training programs, and a person who has provided training in such training program shall not be involved in the process of such examination conducted within one year thereafter. Inserted by the Fourth Amendment.49B. Not to obtain permanent residency: A civil servant shall not obtain permanent residency or apply to obtain such residency. 50. Prohibition on demonstrations and strikes: A civil servant shall not demonstrate, participate in strikes, or incite others to do so with the intention of, in a manner that impairs the sovereignty and integrity of Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066., undermines the peace, security, foreign relations and public dignity of the country, or contempt of court, or creates discord among people of different castes, ethnicities, religions, classes, regions and communities, or spreads communal ill-will, or abets any crime. 51. Prohibition on strikes, obstruction and siege: A civil servant shall not go on strike or pen-down, or exert pressure causing physical or mental harassment, or incite others to do so, in a manner that obstructs or opposes the performance of duties determined by law of any office or officer. Amended by the Second Amendment.52. Prohibition on representation: A civil servant shall not represent any other person or group except by submitting a petition himself/herself or through an agent to the concerned body or officer on matters where he/she feels aggrieved. Provided that, this section shall not be deemed to obstruct representation made on behalf of the official trade union of civil servants formed under sub-section (3) of section 53, and any act required to be done based on the official duties of a civil servant. Amended by the Second Amendment.53.
Civil Service Act, 1993

Provided that, this section shall not be deemed to obstruct representation made on behalf of the official trade union of civil servants formed under sub-section (3) of section 53, and any act required to be done based on the official duties of a civil servant. Amended by the Second Amendment.53. Provision relating to trade union of civil servants: (1) Civil servants may form a trade union subject to this Act.

(2) While forming a trade union under sub-section (1), the following provisions shall be complied with:
(a) Civil servants of the gazetted third class or below, excluding gazetted employees who have to work as office chief, may form and become members of national-level civil service trade unions for their professional rights and interests.
(b) The registration of trade unions of civil servants shall be with the Department of Labour and Employment Promotion.

(3) The official trade union of civil servants shall be formed as follows:
(a) An official trade union of civil servants may be formed comprising office bearers selected by the members of the trade unions of civil servants formed under sub-section (1).
(b) The official trade union of civil servants may present its professional demands at the district level, departmental level and national level to the concerned bodies and engage in social dialogue and collective bargaining.
Civil Service Act, 1993

In the absence of the formation of an official trade union of civil servants, the trade union federations of civil servants formed under sub-section (1) may mutually agree and conduct collective bargaining.
(c) Other provisions relating to the official trade union of civil servants shall be as prescribed.

(4) The functions, duties and rights of the trade union of civil servants shall be as follows:
(a) It shall be the duty of the trade unions of civil servants formed under sub-sections (1) and (3) to provide creative suggestions and assistance to the Government of Nepal to protect and promote the rights and interests of employees and to make the civil service effective and dynamic.
(b) The trade union of civil servants may conduct creative and constructive activities such as meetings, training, workshops, etc.
(c) The trade union of civil servants shall have the right to form a federation, become its member, become a member of an international union or federation, and represent on behalf of its institution.

(5) The Government of Nepal may seek advice and suggestions from the official trade union of civil servants when making laws relating to the civil service.

(6) If a request for transfer is made by the office bearers of national-level trade unions formed under sub-sections (1) and (3) and the official trade union to a suitable place within their working area, the competent authority shall arrange for a transfer accordingly.

(7) Central office bearers and members of national-level trade unions formed under sub-sections (1) and (3) may be provided with deputation for a maximum of thirty days in a year to participate in domestic and foreign seminars, workshops, conferences, organisational work, etc., related to the union, without financial liability to the Government of Nepal.

(8) The registration of the trade union of civil servants, related conditions, procedures and other arrangements shall be as prescribed. 54. Property details: A civil servant shall furnish details of his/her property. Inserted by the Second Amendment.54A. Not to torture: (1) A civil servant shall not torture anyone.
(2) A civil servant shall not commit or cause to commit acts relating to sexual harassment and domestic violence. Inserted by the Second Amendment.54B. Other conduct: (1) A civil servant shall behave courteously towards everyone while working in his/her office.
(2) A civil servant shall bear the responsibilities arising according to his/her office and post with dignity and perform work impartially, cleanly, and swiftly.
(3) A civil servant shall not use or utilise any government property for domestic purposes.
(4) A civil servant shall not engage any government employee appointed to receive salary and allowances from government revenue in his/her domestic work, except for office work. Inserted by the Second Amendment.54C.
Civil Service Act, 1993

Inserted by the Second Amendment.54C. Behaviour towards service recipients: (1) A civil servant shall behave respectfully towards service recipients related to his/her work.
(2) Clear information regarding the subject, procedure and time required for completing the work related to the service recipient shall be provided to the service recipient in a timely manner. 55. To observe conduct according to one's service and post: Every civil servant shall also observe conduct befitting his/her service and post. Inserted by the First Amendment.55A. May give warning: If a civil servant fails to observe punctuality, fails to obey the order given by a superior employee on matters relating to government work, or commits negligence or delay in office-related work, the concerned supervisor may give a warning to such employee stating the reasons, and a record thereof shall be kept in the personal file of the concerned employee. Chapter 8

Security of Service

56. Security of service of civil servant: Except for the following civil servants, no civil servant shall be removed or dismissed from the civil service without giving a reasonable opportunity to submit a defence:
(a) Convicted by a court on a criminal charge involving moral turpitude,
(b) Holding a temporary post,
(c) Having sufficient grounds that the whereabouts are unknown or contact is not possible. Inserted by the Second Amendment.(d) Convicted by a court on a charge of corruption. 57.
Civil Service Act, 1993

Inserted by the Second Amendment.(d) Convicted by a court on a charge of corruption. 57. Defence of civil servant: (1) No suit may be instituted against a civil servant in respect of any government act done by him/her in the belief that it was in the performance of his/her official duties, without following the procedure under sub-section (2).
(2) For instituting a suit against a civil servant under sub-section (1), permission of the competent authority must be obtained in the case of a criminal case, and in the case of a civil case, the following must have occurred:
(a) Two months have elapsed after delivering a written notice stating the cause of action and the name and address of the plaintiff and his/her attorney, if any, to the competent authority or to the concerned civil servant, or sending it by registered post, and a copy thereof has been submitted to the Government of Nepal.
(b) The suit has been filed within eight months from the date of the cause of action.
(3) In respect of any act done by a civil servant while in service in the course of performing his/her official duties, no suit may be instituted against him/her even after the termination of service, without the approval of the Government of Nepal.
(4) If approval is given by the Government of Nepal to institute a suit under sub-section (3), the Government of Nepal shall defend him/her. 58. Security of service conditions: The service conditions relating to salary, gratuity, pension and other facilities in force at the time of appointment of any civil servant shall not be altered to his/her detriment without his/her consent. If any subsequent amendment adversely affects the aforesaid service conditions of any civil servant who was in service before such amendment, such amended provision shall not apply to him/her without his/her written consent agreeing to be governed by such amended provision. Chapter 9

Punishment and Appeal

59. Punishment: For just and sufficient cause, a civil servant may be given the following Amended by the First Amendment.departmental punishment:

Amended by the Second Amendment.(a) Ordinary punishment:
(1) Issuance of a warning,
(2) Withholding promotion for up to two years or withholding up to two salary increments,
(3) Withholding promotion for two to five years or withholding two to five salary increments.

(b) Special punishment:
(1) Removal from service without disqualifying him/her for future government service,
(2) Dismissal from service disqualifying him/her for future government service. Amended by the Second Amendment.60.
Civil Service Act, 1993

Amended by the Second Amendment.60. Issuance of warning or withholding up to two salary increments or promotion for up to two years: In any of the following circumstances, a civil servant may be punished by issuance of a warning or withholding up to two salary increments or withholding promotion for up to two years:
(a) If the work performed by him/her is not satisfactory,
(b) If handover/takeover is not done in accordance with prevalent law,
(c) If he/she receives a written warning twice in one year under section 55A,
(d) If he/she fails to responsibly fulfil the official duties assigned by this Act or prevalent law,
(e) If he/she fails to comply with the instruction given by a superior officer regarding repeated neglect of the grievances and complaints of service recipients,
(f) If an officer responsible for implementing or causing to implement job descriptions fails to do so. Inserted by the Second Amendment.60A. Withholding promotion for two to five years or withholding two to five salary increments: In any of the following circumstances, a civil servant may be punished by withholding promotion for two to five years or withholding two to five salary increments:
(a) If he/she commits an act of indiscipline,
(b) If he/she violates matters relating to conduct mentioned in this Act and the rules made under this Act,
(c) If he/she fails to settle advances in accordance with prevalent law,
(d) If he/she fails to comply with the instruction given regarding irregularities observed from management audit,
(e) If he/she remains absent from office continuously without prior approval,

Inserted by the Fourth Amendment.(f) If he/she takes up any kind of employment elsewhere, or performs work providing service as a consultant, advisor, expert or in any capacity with a view to receiving financial benefit or any facility, except in the circumstances under sub-section (2) of section 49A. 61.
Civil Service Act, 1993

61. Removal or dismissal from service: (1) In any of the following circumstances, a civil servant may be removed from service without disqualifying him/her for future government service:
(a) If the civil servant is unable to perform the work or responsibility of his/her post due to incompetence,
(b) If he/she repeatedly violates conduct matters,
(c) If he/she repeatedly consumes intoxicating substances during office hours,
(d) If he/she repeatedly commits acts of indiscipline,
(e) If he/she participates in politics,
(f) If he/she repeatedly neglects the responsibility of his/her post,
(g) If he/she remains absent from his/her office continuously for ninety days without approved leave,

Inserted by the Fourth Amendment.(h) If a civil servant who has gone for foreign study, training or study tour does not report to the concerned office within thirty days from the date of completion of such study, training or study tour, except where leave has been approved for reasonable cause,
(i) Deleted by the Some Nepal Acts Amendment Act, 2072

Amended by the Fourth Amendment.(2) Notwithstanding anything contained in clause (b) of sub-section (1) and clause (b) of section 60A, in any of the following circumstances, a civil servant shall be dismissed from service disqualifying him/her for future government service:
(a) If convicted by a court on a criminal charge involving moral turpitude,
(b) If he/she commits corruption,
(c) If he/she obtains permanent residency or applies for it,
(d) If it is proved that he/she falsified citizenship, age or qualification with the intention of being appointed to or remaining in the civil service. Inserted by the Second Amendment.61A. Special provision relating to departmental proceedings and punishment: (1) Notwithstanding anything contained elsewhere in this Act, if the Commission for the Investigation of Abuse of Authority under the Commission for the Investigation of Abuse of Authority Act, 2048, or the concerned body under prevalent law, writes to take departmental action against any civil servant, departmental punishment shall be imposed accordingly after completing the necessary procedure.
(2) Notwithstanding anything contained elsewhere in this Act, a civil servant who remains absent from his/her office without leave contrary to section 41 may be marked absent and his/her salary may be deducted for the period of absence. The period of such absence shall not be counted towards service period.
(3) Notwithstanding anything contained elsewhere in this Act, an employee who remains absent for a continuous period exceeding ninety days without approved leave shall not be marked absent and reinstated. If reinstated, the officer who reinstated him/her shall be subject to departmental action under section 60, and the salary and allowances drawn by the employee so reinstated shall be recovered from the officer who reinstated him/her as government dues. Inserted by the Fourth Amendment.61B.
Civil Service Act, 1993

If reinstated, the officer who reinstated him/her shall be subject to departmental action under section 60, and the salary and allowances drawn by the employee so reinstated shall be recovered from the officer who reinstated him/her as government dues. Inserted by the Fourth Amendment.61B. Details to be submitted by self-declaration: (1) Every employee who has obtained permanent residency or applied for such residency before the commencement of this section shall, within thirty days from the date of commencement of this section, make a self-declaration and submit the following details to the office where he/she is working:
(a) His/her name, surname, service, group, sub-group and current post,
(b) If he/she has obtained permanent residency, the date thereof, or if he/she has applied for such residency, the date thereof,
(c) The name of the concerned foreign country,
(d) Whether he/she is willing to renounce the permanent residency obtained or withdraw the application made for such residency.

(2) If the spouse of a civil servant living in joint family has obtained permanent residency, the concerned civil servant shall, within thirty days from the date of commencement of this section, submit the details under sub-section (1) to the office where he/she is working.

(3) After receiving the details under sub-section (1) or (2), the concerned office shall, within fifteen days from the date of receipt thereof, send them to the Ministry of General Administration. Inserted by the Fourth Amendment.61C.
Civil Service Act, 1993

Inserted by the Fourth Amendment.61C. Information may be given: (1) If any person obtains information that a civil servant has obtained permanent residency contrary to section 49B, such person may give that information to the office where the concerned civil servant is working or to the Ministry of General Administration.
(2) If information under sub-section (1) is received at any office, the concerned office shall, within seven days from the date of receipt of such information, forward it to the Ministry of General Administration.
(3) If information is received from sub-section (1) or (2) or from any other source that a civil servant has obtained permanent residency or applied for it, the Ministry of General Administration shall, after the expiry of the period under sub-section (1) of section 61B, write to the authority empowered to impose departmental punishment to investigate in respect of such civil servant.
(4) Upon receiving a letter under sub-section (3), the authority empowered to impose departmental punishment shall commence investigation within three days in respect of such civil servant and shall inform the Ministry of General Administration of its findings as soon as possible.
(5) While investigating under sub-section (4), the authority empowered to impose departmental punishment may request information or assistance from the Ministry of General Administration or any other government body, and it shall be the duty of the concerned body to provide such information or assistance.
(6) If, during investigation and action under this section, it is found that a civil servant has obtained permanent residency or applied for it, he/she shall be punished under this Act within three months, following the procedure under prevalent law, and information thereof shall be given to the Ministry of General Administration within fifteen days. Inserted by the Fourth Amendment.61D.
Civil Service Act, 1993

Inserted by the Fourth Amendment.61D. Not to be punished: (1) Notwithstanding anything contained elsewhere in this Act, if a civil servant who, immediately before the commencement of this section, was engaged in any other type of employment or service elsewhere with prior approval under clause (c) of sub-section (1) of section 48 as it then stood, submits an application with proof of leaving such employment or service within thirty days from the date of commencement of this section, he/she shall not be punished under this Act.
(2) Notwithstanding anything contained elsewhere in this Act, if a civil servant who had obtained permanent residency or applied for it before the commencement of this section, admits to that fact and submits an application with proof of renouncing the permanent residency obtained or making a written request to the concerned country to withdraw the application for such residency, within sixty days from the date of commencement of this section, such employee shall not be punished under this Act. Amended by the Second Amendment.62. Authority to impose departmental punishment: (1) The authority to order punishment under clause (b) of section 59 to a civil servant shall be as follows:
(a) For a civil servant working in the post of gazetted first class or above, the Government of Nepal,
(b) For a civil servant of the gazetted second and third class, the officer of special class of the body where he/she is working,
(c) For non-gazetted civil servants, the departmental chief of the office where he/she is working or the gazetted office chief.
(2) The authority to order punishment under clause (a) of section 59 shall be as prescribed. Amended by the Second Amendment.63. Power to delegate authority to impose departmental punishment: The Government of Nepal may, by publishing a notification in the Nepal Gazette, delegate the authority of any officer empowered to order punishment under section 62 to be exercised by an officer specified in the same notification for a specified period. 64. Suspension: (1) If an investigation has to be conducted into any charge mentioned in section 61 against a civil servant, the authority empowered to order punishment may suspend such employee until the investigation is completed.
Civil Service Act, 1993

64. Suspension: (1) If an investigation has to be conducted into any charge mentioned in section 61 against a civil servant, the authority empowered to order punishment may suspend such employee until the investigation is completed. Provided that, suspension shall not ordinarily be made unless the following circumstances exist:
(a) If there is a possibility that allowing him/her to work in the post without suspension may lead to the collection of false evidence or the destruction of evidence against him/her, or
(b) If there is a possibility that allowing him/her to work in the post without suspension may cause government loss or damage.

(2) The authority empowered to order punishment may, along with serving a notice of charge of removal or dismissal from service to a civil servant, also suspend him/her.

(3) When a civil servant is suspended under sub-section (1), the suspension shall ordinarily not exceed two months. The action against the employee shall be concluded within that period. If, due to extraordinary circumstances, the action cannot be concluded within that period and the suspension period needs to be extended, the suspension period may be extended for up to one month with prior approval of the competent authority.

(4) A civil servant arrested and detained on a criminal charge involving moral turpitude shall be deemed to be automatically suspended for the entire period of such detention. 65. Termination of suspension: If a civil servant is reinstated in his/her post Inserted by the First Amendment. or the period under sub-section (3) of section 64 expires, or he/she is removed or dismissed from service, his/her suspension shall end. 66. Opportunity to submit defence: (1) Before ordering punishment to a civil servant, the authority empowered to impose departmental punishment shall give the employee an opportunity to submit his/her defence within a reasonable period, stating the reasons for the proposed action. While giving such opportunity, the charges against him/her shall be clearly specified, and it shall also be stated on which facts and reasons each charge is based. In such case, the concerned employee shall also submit his/her defence within the period, and the concerned authority shall seriously consider the defence so submitted.
(2) The authority empowered to order departmental punishment may, if deemed necessary, cause an investigation to be conducted by himself/herself or by any other officer. The investigating officer shall follow the prescribed procedure. 67.