chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Nepal Health Service Act, 1997

Amended by the Second Amendment.13. Provisions Relating to Temporary Appointment: (1) The Public Service Commission shall publish a separate list according to the order of merit for the purpose of making temporary appointments from among the candidates not recommended for permanent appointment in an examination conducted by it.

(2) If a temporary appointment needs to be made to any vacant position in the Service, the Competent Authority shall write to the Public Service Commission.

(3) Upon receiving a written request pursuant to Sub-section (2), the Public Service Commission shall recommend names for temporary appointment for a maximum of six months, based on the requisition, from among the persons on the merit list.

(4) If the list pursuant to Sub-section (1) has not been published, or if the number of persons recommended pursuant to Sub-section (3) is less than the number of vacant positions, a temporary appointment may be made for up to six months with the consent of the Public Service Commission.

(5) Until a recommendation for permanent filling of the position is received from the Public Service Commission, the term of employees appointed under this Section may be extended with the consent of the Public Service Commission.

(6) Information about a temporary appointment made pursuant to Sub-section (4) shall be given to the Ministry of General Administration within seven days.

(7) Notwithstanding anything written above, a temporary appointment shall not be made to any position in the Service without requisitioning the Public Service Commission for permanent filling of such position.

(8) If any person makes or causes a temporary appointment contrary to this Section, the amount equivalent to the salary, allowance and other facilities received by the employee so appointed shall be recovered from the office-bearer making or causing the appointment as a government due. 14. Incumbent to Continue: An employee shall continue in his/her position as incumbent in the following circumstances:–

(a) As long as he/she is performing duties in that position.
(b) Until the period allowed for taking charge after transfer to another position.
(c) While on approved leave.
(d) While under suspension.
(e) While assigned by the Government of Nepal for governmental or non-governmental work, or while working as an acting incumbent in some other position. 15.
Nepal Health Service Act, 1997

15. Acting Appointment: (1) An employee from the relevant group or sub-group, one level below the vacant or incumbent-held position, may be given an acting appointment for up to a maximum of one year for a vacant or incumbent-held position of a Departmental Head or Office Chief in the Health Service, based on prescribed criteria.

(2) Notwithstanding anything contained in Sub-section (1), Deleted by the Third Amendment. until a recommendation for permanent filling is received from the Public Service Commission, the period of acting appointment in that position may be extended for a maximum of one year, in consultation with the Public Service Commission. 16. To Take Oath: Every employee must take the prescribed oath before taking charge of their duties upon first appointment. Amended by the Third Amendment.17. Provisions Relating to Posting: (1) The posting of an employee shall be based on his/her educational qualification, training and experience.

(2) Notwithstanding anything contained in Sub-section (1), while posting an employee from the sixth level to the seventh level, an employee who has obtained the educational qualification prescribed for the seventh level among employees whose level and position have been matched, and who has worked in seniority and geographical area, shall be given priority and posted. Amended by the Fourth Amendment.(3) An employee who has obtained a designation pursuant to Sub-section (1A) of Section 5 and who has obtained a designation on the basis of upgrading or level matching under this Act shall be adjusted and posted pursuant to Sub-section (1) of Section 8. Added by the Fourth Amendment.(4) Notwithstanding anything written elsewhere in this Section, only an employee who has obtained the minimum educational qualification or training for the fourth level shall be posted to that level.
Nepal Health Service Act, 1997

Added by the Fourth Amendment.(4) Notwithstanding anything written elsewhere in this Section, only an employee who has obtained the minimum educational qualification or training for the fourth level shall be posted to that level. Added by the Fourth Amendment.(5) While adjusting an employee based on the evaluation of work performance and experience pursuant to clauses (b) and (c) of Sub-section (1) of Section 8 of this Act, it shall be done on the basis of the following order of eligibility:–

(a) On the basis of seniority among employees who have been upgraded or level-matched to the relevant level and have achieved the prescribed educational qualification,
(b) In the absence of the educational qualification mentioned in clause (a), on the basis of seniority among employees who have obtained the educational qualification prescribed for the position or level one level below the level to which they have been upgraded or level-matched,
(c) In the absence of the educational qualification mentioned in clauses (a) and (b), on the basis of seniority among employees who have obtained training as determined by the Ministry,
(d) In the absence of the educational qualification or training as per clauses (a), (b) and (c), on the basis of seniority in the level currently working,

Added by the Fourth Amendment.(6) Other provisions relating to posting shall be as prescribed. 18. Probation Period: A new appointment to a permanent position in the Health Service shall be made subject to a probation period of Amended by the Third Amendment. six months in the case of a female employee and one year in the case of a male employee. If the work of the employee is not satisfactory during the probation period, his/her appointment may be annulled. The appointment of an employee whose appointment is not annulled shall be deemed automatically confirmed after the expiry of the probation period. Provided that, an employee who has already served a probation period for a permanent position in the Health Service shall not be placed on probation again. Amended by the Third Amendment.19. Appointment of Secretary: (1) Notwithstanding anything contained in prevailing law, an employee working at the Amended by the Fourth Amendment.twelfth level of the Health Service and having worked at the eleventh level for at least five years may be appointed to the position of Secretary of the Ministry of Health and Population, based on seniority and performance evaluation. Added by the Fourth Amendment.(1A) To be appointed to the position of Secretary pursuant to Sub-section (1), one must have completed the high-level management training prescribed by the Government of Nepal.
Nepal Health Service Act, 1997

Added by the Fourth Amendment.(1A) To be appointed to the position of Secretary pursuant to Sub-section (1), one must have completed the high-level management training prescribed by the Government of Nepal. Added by the Fourth Amendment.(1B) The appointment of the Secretary shall be made by the Government of Nepal on the recommendation of the following Promotion Committee:–

(a) Chairperson of the Public Service Commission or a member of that Commission designated by him/her — Chairperson
(b) A member of that Commission designated by the Chairperson of the Public Service Commission — Member
(c) Chief Secretary — Member
(d) An expert on the relevant subject nominated by the Public Service Commission — Member
(e) Secretary of the Ministry of General Administration — Member-Secretary

(2) The term of office of a Secretary appointed pursuant to Sub-section (1) shall be five years, subject to Section 45.

(3) While calculating the term of office of the Secretary pursuant to Sub-section (2), the service period served by him/her at the twelfth level shall also be counted. Chapter-4
Transfer, Deputation and Promotion

Amended by the Third Amendment.20. Authority to Transfer and Assign on Deputation: (1) The Competent Authority shall have the authority to transfer and assign on deputation employees at the assistant level.

(2) The following officers shall have the authority to transfer and assign on deputation employees at the officer level:–

(a) In the case of employees at the sixth and seventh levels, the concerned Departmental Director General or, in a department without a Director General position, the Director,
(b) In the case of employees at the eighth, ninth and tenth levels, the Secretary of the Ministry. Amended by the Third Amendment.21. Basis for Transfer or Deputation: Amended by the Fourth Amendment.(1) An employee shall be transferred to very remote, remote and accessible areas in a manner that provides experience of different geographical regions of the country.

(2) The division and sub-division of geographically very remote, remote and accessible areas shall be as prescribed.

(3) An employee shall generally not be transferred before completing at least one year in a very remote area or at least two years in a remote area. Explanation: For the purpose of this Sub-section, "one year" means a period of at least 233 days of reporting for duty.

(4) No employee shall be assigned on deputation to any office for a period exceeding thirty days in one year.
Nepal Health Service Act, 1997

Explanation: For the purpose of this Sub-section, "one year" means a period of at least 233 days of reporting for duty.

(4) No employee shall be assigned on deputation to any office for a period exceeding thirty days in one year. If an employee is assigned on deputation for a period longer than that period, the amount of salary and allowance received by such employee during the period of such deputation shall be deducted from the salary and allowance of the office-bearer assigning the deputation and recovered.

(5) Notwithstanding anything contained in Sub-section (4), an employee may be assigned on deputation for a period exceeding thirty days in the following circumstances:–

(a) For natural disaster or treatment of infectious disease, or to participate in any training, seminar, workshop or national program upon nomination by the Government of Nepal,
(b) To give an acting appointment to any position,
(c) To perform the work of a vacant position of Office Chief or Unit Office Chief if it cannot be filled immediately.

(6) If an employee transferred to a very remote or remote area pursuant to Sub-section (3) is assigned on deputation for training, seminar, workshop or national program pursuant to Sub-section (5), such employee shall not be deemed to have worked in a very remote or remote area during the period of such deputation. Amended by the Third Amendment.21A. Special Provisions Relating to Position or Post: (1) If a position or post becomes deficient while transferring an employee under Section 21, as many positions or posts as are deficient shall be automatically created without exceeding the total posts, and after such employee is transferred elsewhere, that position or post shall be automatically abolished.

(2) For employees who have had their level matched or upgraded to a higher level under this Act, such positions shall be automatically created as long as they hold that level, and if a position at such level becomes vacant in any manner, the position at the original level shall be deemed vacant. Added by the Fourth Amendment.(3) As many employees as have been upgraded from the third level to the fourth level currently existing in the Health Service, that many posts shall be automatically created at the fourth level. Added by the Fourth Amendment.(4) The designation of employees in the posts created pursuant to Sub-section (3) shall be as prescribed. Added by the Fourth Amendment.21B.
Nepal Health Service Act, 1997

Added by the Fourth Amendment.(4) The designation of employees in the posts created pursuant to Sub-section (3) shall be as prescribed. Added by the Fourth Amendment.21B. May Assign Employees for Special Work: (1) Notwithstanding anything contained elsewhere in this Chapter, if the Ministry, by issuing a notice, is to conduct epidemic and infectious disease control or health-related special programs, it may assign any employee of the Health Service, including specialist medical practitioners, on deputation to the concerned district or area for up to one year to complete that work.

(2) If an employee assigned on deputation for a period exceeding three months pursuant to Sub-section (1) reports for duty at the office to which he/she is deputed, he/she shall receive the prescribed marks for that geographical area for promotion purposes. Amended by the Third Amendment.22. May Transfer Before Completion of Period: Notwithstanding anything contained in Section 21, an employee may be transferred before the completion of the period in the following circumstances:–

(a) If a Medical Board constituted by the Government of Nepal recommends that an employee cannot stay and work at a certain place due to physical or mental illness,
(b) If departmental action needs to be initiated against an employee,
(c) If a post is abolished and the employee working in that post becomes surplus,
Added by the Fourth Amendment.(c1) If an employee needs to be given a special responsibility,
(d) In the case of an employee holding a position of Rural Health Worker, Ayurvedic Health Worker and Maternal and Child Health Worker, on the basis of mutual consent or, if such a position is vacant in an office, on the basis of the employee's request. 23. Other Provisions Relating to Transfer: Other provisions relating to transfer shall be as prescribed. 24. Promotion: Promotion to an officer level position in the Health Service shall be made on the recommendation of the Promotion Committee constituted under Section 25. 25.
Nepal Health Service Act, 1997

23. Other Provisions Relating to Transfer: Other provisions relating to transfer shall be as prescribed. 24. Promotion: Promotion to an officer level position in the Health Service shall be made on the recommendation of the Promotion Committee constituted under Section 25. 25. Promotion Committee: (1) There shall be a Promotion Committee as follows to recommend promotion to officer level positions in the Health Service:–

(a) Chairperson of the Public Service Commission or a member of the Public Service Commission designated by him/her — Chairperson
(b) A member of the Public Service Commission designated by the Chairperson of the Public Service Commission — Member
(c) Chief Secretary — Member
(d) An expert on the relevant subject nominated by the Public Service Commission — Member
(e) Secretary of the Ministry of Health — Member-Secretary

(2) Notwithstanding anything written elsewhere in this Act, for promotion to a position at the twelfth level, the Promotion Committee shall recommend, based on work performance capability, at least fifty percent additional candidates of the vacant position, as far as possible, and the Government of Nepal

(b) To training: employees of the ninth level and below, amended by the first amendment. and employees of the civil service of equivalent level;

(c) To study tours: generally, the office chief, employees of the tenth level and above, amended by the first amendment. and employees of the civil service of equivalent level, in accordance with a pre-determined program. 34. Disqualification for Nomination: (1) The following employees shall not be eligible for nomination for study or training:–

(a) Those who are not potential candidates for promotion pursuant to Section 27, amended by the third amendment. or whose level increment has been withheld under this Act;

amended by the first amendment. (b) An employee of the officer level who has been initially appointed and posted has not worked for at least one year in a very remote area or two years in a remote area, and who, before the commencement of the Nepal Health Service Act, 2053, while holding a permanent post in the gazetted class of the Nepal Health Service under the Civil Service Act, 2049, has not gone to work for at least one year in a very remote area or two years in a remote area.

added by the first amendment. (c) If the employee referred to in clause (b) has not worked in the area mentioned in that clause for the period specified in that clause, until such period is completed by going to such area, reporting for duty, and working.
Nepal Health Service Act, 1997

Provided that, when nominating for training of a purely technical and expert nature lasting less than ninety days, the disqualification under this section shall not apply.

(2) In the case of going for study without prior approval of the Ministry, no scholarship shall be provided by the Government of Nepal. 35. Period of Service Required after Completion of Study, Training, or Study Tour: An employee nominated by the Government of Nepal for study, training, or study tour shall, after completing such study, training, or study tour, compulsorily serve for the period as follows:–

 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
 (i) From five years to six years Nine years

36. Must Execute a Bond: (1) Before going for study, training, or study tour, any employee must execute a bond to return after completing such study, training, or study tour and serve for the period as per Section 35.

(2) The format of the bond to be executed under Sub-regulation (1) shall be as prescribed.

(3) If any employee fails to return for service after completing or not completing the study, training, or study tour, or fails to complete the required service period under Section 35, the salary, allowance, amended by the third amendment. tuition fees, and scholarship amount received by such employee during the period of study, training, or study tour shall be recovered from such employee, and departmental action shall be taken against him/her. Chapter-6

Salary, Allowance, Festival Expenses, and other Facilities

37. Salary and Allowance: (1) An employee shall receive salary and allowance, if entitled to allowance, from the date of assuming office in his/her post.

(2) The salary and allowance that an employee receives for working in the health service shall be as prescribed by the Government of Nepal from time to time.

(3) Except for the circumstances mentioned in Section 39 or 73, each employee, after completing one year of service, shall receive a salary increment of the amount amended by the Act to Amend Some Nepal Health Related Acts. as prescribed. Provided that, while prescribing the salary increment in this manner, the salary increment number shall be adjusted so that the amount currently received by the concerned employee is not reduced.
Nepal Health Service Act, 1997

Provided that, while prescribing the salary increment in this manner, the salary increment number shall be adjusted so that the amount currently received by the concerned employee is not reduced. If a withheld salary increment is released, the concerned officer shall indicate in writing the date from which such salary increment is receivable. 38. Entitlement to Accrued Salary and Allowance, if any: (1) An employee shall receive salary and allowance, if entitled to allowance, after payment is made each month.

(2) If an employee has accrued salary and allowance, if any, he/she shall receive it even if he/she is not in service for any reason.

(3) Except as otherwise provided in this Act or the rules made under this Act, no employee's salary shall be deducted.

(4) The salary payable to an employee shall not be withheld during the time the employee is working or on leave. 39. Crossing Efficiency Bar: An employee shall not be deemed to have crossed the efficiency bar unless the Secretary of the Ministry in the case of an officer-level employee, and the Authorized Officer in the case of an assistant-level employee, has certified in writing that the employee is eligible for crossing the efficiency bar. 40. Salary Payable if Suspended: (1) If an employee is suspended in connection with government work or as a result of proceedings instituted on behalf of the Government of Nepal, he/she shall receive only half of his/her salary during the period of such suspension. Provided that, if the charge is not proven and he/she is acquitted, he/she shall receive the full salary (including salary increment if any) amended by the third amendment. and festival expenses, after deducting the half salary received during the suspension period, if any. If found guilty, he/she shall not receive the remaining salary and allowance from the date of suspension.

(2) If any employee remains suspended for any reason other than those mentioned in Sub-section (1), he/she shall not receive salary for the period of such suspension. 41. Deposit of Amount in Employees' Provident Fund: Ten percent of the monthly salary of employees 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 third amendment. 42. Festival Expenses and Other Facilities: (1) An employee of the health service shall receive, as festival expenses, an amount equivalent to one month's salary currently drawn by the employee, every year, for festivals celebrated according to his/her religion, culture, and tradition.
Nepal Health Service Act, 1997

42. Festival Expenses and Other Facilities: (1) An employee of the health service shall receive, as festival expenses, an amount equivalent to one month's salary currently drawn by the employee, every year, 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) A retired employee entitled to pension shall be given an amount equivalent to one month's pension received by him/her as festival expenses.

(3) Provisions regarding medical expenses, disability pension, facilities for disability, extraordinary family pension and gratuity, educational allowance, child pension, child care allowance, or other facilities receivable by an employee of the health service shall be as prescribed.

amended by the third amendment. 43. Provision Regarding Insurance Facility: (1) If an employee dies while in service, a lump sum of one hundred and fifty thousand rupees shall be provided to his/her immediate heir as insurance.

(2) The Government of Nepal shall establish an endowment life insurance fund. Two hundred rupees shall be deducted from the monthly salary of each employee and deposited in that fund, and the Government of Nepal shall add an equal amount and provide a twenty-year endowment life insurance policy for a sum assured of one hundred thousand rupees. When an employee retires from service, the sum assured and bonus shall be paid to him/her from the amount deposited in that insurance fund.

(3) If an employee is compulsorily retired from service before completing the twenty-year period from the start of deduction under Sub-section (2), he/she shall be provided with the following amount:–

(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.
Nepal Health Service Act, 1997

Provided that, if the amount deposited by him/her and the interest and dividend thereon exceed the amount mentioned above, an equal amount shall be provided from that fund.

(4) If an employee retires from service for any reason other than death or compulsory retirement before completing twenty years from the start of depositing the amount under Sub-section (1), such employee shall be provided with an amount equal to the surrender value.

(5) Notwithstanding anything written in Sub-sections (2) and (3), an employee retiring from the health service may continue the endowment life insurance with the maturity period of twenty years or less. Provided that the Government of Nepal shall not bear any cost for this.

(6) Other provisions relating to the endowment life insurance fund shall be as prescribed. 44. Special Provision Regarding Disabled Employee: If it is certified by a Medical Board constituted by the Government of Nepal that an employee is unable to serve regularly due to physical or mental illness, the Government of Nepal may retire such employee by adding a maximum of seven years of service to his/her service period. Chapter-7

Retirement, Gratuity, and Pension

45. Compulsory Retirement: (1) An employee who has completed the age of sixty years or has completed the tenure as per Section 19 shall automatically retire from service.

(2) Notwithstanding anything written in Sub-section (1), if expert service is essential for the Government of Nepal, a period of up to a maximum of three years may be extended for an employee who is retiring upon completing sixty years.

(3) Employees who, before the commencement of this Act, had completed thirty years of service under the Civil Service Act, 2049, and had their term extended and are currently serving under this Act, may also remain in the health service until they complete the age of sixty years.

(4) For the purposes of this section, the age of an employee shall be calculated as follows:–

(a) The age derived from the date or year of birth mentioned in the certificate of the educational institution submitted by him/her at the time of entry into service;
(b) If no record as per clause (a) exists, the age derived from the date or year of birth mentioned in the personal service record (C.R.) at the time of entry into service. 46. Voluntary Retirement: amended by the Act to Amend Some Nepal Health Related Acts, 2058. An employee who has the condition for receiving pension and has completed the age limit of fifty years may take voluntary retirement within the period specified in the notice published by the Government of Nepal in the Nepal Gazette, subject to the conditions mentioned in that notice.
Nepal Health Service Act, 1997

An employee who has the condition for receiving pension and has completed the age limit of fifty years may take voluntary retirement within the period specified in the notice published by the Government of Nepal in the Nepal Gazette, subject to the conditions mentioned in that notice. For an employee taking voluntary retirement in this manner, a maximum of seven years of service shall be added to the total service period for pension, provided that the age of sixty years is not exceeded. 47. Gratuity: (1) An employee who has served in the health service for five years or more but has not completed the period for receiving pension shall, upon retirement, or upon approval of resignation and separation from the post, or upon removal from the post without being disqualified for future health service, receive gratuity at the following rates:–

(a) For an employee who has served in the health service for five to ten years, half a month's salary for each year of service rendered.
(b) For an employee who has served in the health service for more than ten years up to fifteen years, one month's salary for each year of service rendered.
(c) For an employee who has served in the health service for more than fifteen years but less than twenty years, one and a half month's salary for each year of service rendered.

(2) Notwithstanding anything written in Sub-section (1), if an employee is proven to have falsified citizenship, age, or qualification with the intention of remaining in or receiving the health service, gratuity shall not be given to such employee, and he/she shall be punished according to the prevailing law. 48.
Nepal Health Service Act, 1997

48. Pension: (1) An employee who has served in the health service for twenty years or more shall receive a monthly pension calculated as follows:–

Total Service Years × Amount of Last Salary

50

Provided that:–

(1) An employee dismissed from service in a manner that renders him/her disqualified for future health service shall not receive pension under this section.

(2) If an employee is proven to have falsified citizenship, age, or qualification with the intention of remaining in or receiving the health service, pension shall not be given to such employee, and he/she shall be punished according to the prevailing law.

(2) Notwithstanding anything written in Sub-section (1), the minimum pension amount shall not be less than half of the initial salary of an employee holding an equivalent post, amended by the third amendment. and the maximum shall not exceed the initial scale of an employee holding an equivalent post.

(3) An employee who was serving in the Nepal Health Service under the Civil Service Act, 2049, and has now been converted to the health service under this Act, if he/she retires upon completing the tenure under Section 19, the period remaining for such employee to complete the age of sixty years shall be added, and his/her total service period shall be established.

added by the third amendment. (3a) If an employee who has completed fifteen years of service but not twenty years of service dies, a maximum of five years may be added to his/her service period, and his/her family shall be given the option to choose either pension or gratuity.

(4) If a person who is already receiving pension for prior service in a government post is later appointed to a post in the health service, he/she may receive pension under this section by adding the prior service period to the later service period.

added by the third amendment. (5) An employee who, before Jestha 14, 2054, served continuously in a development-side post and was appointed to a regular-side post, if he/she wishes to receive pension, the service period required for pension from his/her development-side service period shall be added, and pension shall be given to him/her. 49. Increase in Pension: When the salary of a serving employee is increased, two-thirds of the increase in the initial salary amount shall also be added to the pension amount of retired employees of equivalent posts. 50. Family Pension and Gratuity: (1) If an employee dies while in service or before completing seven years from the start of receiving pension, his/her family, or his/her minor brother or unmarried sister, shall receive gratuity or pension as written in Section 47 or 48.
Nepal Health Service Act, 1997

50. Family Pension and Gratuity: (1) If an employee dies while in service or before completing seven years from the start of receiving pension, his/her family, or his/her minor brother or unmarried sister, shall receive gratuity or pension as written in Section 47 or 48. Provided that, in the case of pension, such pension shall not be receivable for more than seven years. The family of an employee who dies before completing seven years from the start of receiving pension shall not receive pension after seven years.

(2) Notwithstanding anything written in Sub-section (1), if the person receiving pension is a minor, he/she shall receive such pension until attaining majority.

(3) If the widower husband or widow wife of an employee dies while the employee is in service or before completing seven years from the start of receiving pension, and is eligible for family pension under Sub-section (1), such pension shall be half of the pension amount receivable by the employee, from the date of payment of the family pension period if applicable, or from the date of death of the employee if no such pension is receivable or if the spouse died after seven years from the start of receiving pension, for life.

(4) When the salary of a serving employee is increased, two-thirds of the increase in the initial salary amount shall also be added to the family pension amount currently received by persons receiving family pension under Sub-sections (1), (2), and (3).

(5) If an employee dies before receiving any amount receivable under this Act, such amount may be received by the person among the members of his/her family who is determined to be entitled to his/her pension or gratuity under this Act.

(6) When giving pension or gratuity, if the deceased employee has expressed a wish among the members of his/her family or his/her minor brother or unmarried sister, such amount shall be given to that person; and if for any reason that person cannot receive it, or if no one was wished, it shall be given to the nearest heir among the members of the deceased employee's family.

added by the Pension Fund Act, 2075. 50A. Special Provision Regarding Contributory Pension Fund: (1) For an employee appointed in the health service after the commencement of this Act, the provisions according to the prevailing law relating to the contributory pension system shall apply.

(2) For an employee to whom the contributory pension system under Sub-section (1) applies, the provisions of Sections 46, 47, 48, 49, and 50 shall not apply. 51.
Nepal Health Service Act, 1997

51. Reference to Salary: (1) Wherever salary is mentioned in this Chapter and Chapter-6, it shall refer to the current salary amount (including salary increment) of the concerned employee.

(2) For the purposes of Sections 47 and 48, "Last Salary" shall mean the salary of the concerned employee at the time of retirement; and if an employee was on extraordinary leave or suspension at such time of retirement, the full salary shall be calculated for that period as well. Chapter-8
Conduct

52. Punctuality and Regularity: An employee must report to the office regularly at the time determined by the Government of Nepal, and shall, as far as possible, not be absent from work without prior approval of leave. 53. Discipline and Obedience: (1) An employee must remain disciplined and perform his/her duties with honesty and promptness.

(2) An employee shall promptly comply with orders given by a superior officer regarding government work matters.

(3) An employee shall show proper respect to all employees senior to him/her and behave properly towards employees junior to him/her. 54. Not to Exert Political or Undesirable Influence: No employee shall exert or attempt to exert any political or undesirable influence over another employee with the intention of achieving self-interest in matters related to his/her service. 55. Not to Take Part in Politics: An employee shall not take part in politics by conducting propaganda, making statements, or giving speeches in favor of or against any political organization or party. 56. Not to Criticize the Government: (1) No employee shall publish any article, give any news to the press, broadcast speeches via radio or television, etc., give any public speech, or publish any statement under his/her real or fictitious name or anonymously, 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.

(2) Notwithstanding anything written in Sub-section (1), there shall be no restriction on publishing or broadcasting articles that are not contrary to the prevailing law and the policy of the Government of Nepal. 57. Prohibition on Publishing News Related to Government Work: No employee shall, without authorization by the Government of Nepal, directly or indirectly give or disclose any secret or legally prohibited matter that came to his/her knowledge while performing government duties, or any document or news written or collected by him/her, to other unauthorized employees or non-governmental persons or the press. This prohibition shall also apply to persons who are not in service for any reason. 58.
Nepal Health Service Act, 1997

This prohibition shall also apply to persons who are not in service for any reason. 58. Prohibition on Accepting Donations, Gifts, Contributions, etc., and Taking Loans: (1) No employee shall, without prior approval of the Government of Nepal, accept any kind of donation, charity, gift, or present from anyone, or solicit contributions, or take loans from persons related to work, by himself/herself or through any member of his/her family, in a manner likely to affect service-related work in any way.

(2) If an employee receives any gift from any foreign government or any representative of a foreign government, he/she shall inform the Government of Nepal of this and act as directed. 59. Not to Establish and Operate Companies, Engage in Trade or Business, or Private Practice: (1) An employee shall not, without prior approval of the Government of Nepal, do the following:–

(a) Take part in the establishment, registration, or operation of any bank or company, or open, operate, or work in a health clinic or private hospital or nursing home;
(b) Engage in any trade or business that must be registered under the prevailing law;
(c) Accept any type of employment elsewhere.

(2) Notwithstanding anything written in Sub-section (1), an employee may engage in literary, scientific, or artistic work, or provide free health services, provided it is not contrary to the policy of the Government of Nepal and does not interfere with the work assigned to him/her. 60. Not to Participate in Elections: An employee shall not participate in any election for a political office, or solicit votes for anyone, or exert any kind of influence. Provided that there shall be no restriction on exercising the right to vote as per the prevailing law. 61. Prohibition on Demonstrations and Strikes: An employee shall not conduct demonstrations, participate in strikes, or incite others with the intention of doing so, in a manner that undermines the sovereignty and integrity of Nepal, omitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. jeopardizes the peace, security, foreign relations, and public decorum of the country, or disrespects court decisions, creates enmity among people of different castes, ethnicities, religions, classes, regions, and sects, or spreads communal ill-feeling, or encourages any crime, or obstructs or opposes the performance of his/her duties. 62. Prohibition on Strikes, Siege, and Encircling: An employee shall not go on strike or pen-down, or exert pressure causing physical or mental harassment, or incite others with the intention of doing so, in a manner that obstructs or opposes the fulfillment of duties determined by law of any office or officer. 63.
Nepal Health Service Act, 1997

63. Not to Act Negligently or Maliciously: An employee shall not, in the course of performing duties, act negligently or maliciously while providing health services to patients in a manner that may cause harm or loss to the patient's life or body. 64. Prohibition on Representation: An employee shall not represent any other person or group except by submitting a petition personally or through an agent to the concerned body or officer regarding a personal grievance. Provided that this Act shall not be deemed to prevent representation made on behalf of a professional organization of employees recognized by the Government of Nepal, or any act required to be performed based on the employee's official responsibilities. 65. Membership of Institutions: (1) No employee shall become a member of any type of institution other than a professional organization registered under the prevailing law, without prior approval of the Government of Nepal.

(2) Notwithstanding anything written in Sub-section (1), nothing written in this section shall be deemed to prevent an employee from becoming a member of his/her professional and other social institutions, provided it is not contrary to the prevailing law and the policy of the Government of Nepal.

added by the fourth amendment. 65A. Not to Torture: (1) An employee shall not torture anyone.

(2) An employee shall not commit or cause to commit acts related to sexual harassment and domestic violence.

added by the fourth amendment. 65B. Behavior Towards Service Seekers: (1) An employee must behave courteously and respectfully towards service seekers related to his/her work.

(2) An employee must provide clear information to the service seeker in a timely manner regarding the subject matter, procedure, and time required for the performance related to the service seeker's work.

amended by the third amendment. 65A. Must Adhere to Conduct Appropriate to Service and Post: Every employee must also adhere to conduct appropriate to his/her service and post.

amended by the third amendment. 65B. Other Conduct: (1) An employee must responsibly and respectfully fulfill the responsibilities arising according to his/her office and post, and perform work impartially, transparently, and quickly and efficiently.

(2) An employee shall not use or utilize any government property for domestic work.

(3) An employee shall not utilize any government employee, appointed to receive salary and allowance from government revenue, for his/her domestic work, except in the name of the office.

(4) An employee shall not close or cause to close a health institution.

(5) An employee shall not smoke or consume alcohol during office hours and within the office premises. 66.
Nepal Health Service Act, 1997

66. Property Details: An employee must provide details of his/her property, and if the details so provided are found to be false, action shall be taken according to the prevailing law. 67. Must Adhere to Conduct Appropriate to Service and Post: Every employee must also adhere to conduct appropriate to his/her service and post. 68. May Issue Warning: If an employee fails to observe office hours, fails to obey the orders of a superior employee regarding government work, or is negligent or dilatory in work according to the responsibility assigned to him/her, the concerned supervisor may issue a warning with reasons to such employee, and a record of the same shall be kept in the personal details file of the concerned employee. Chapter-9

Security of Service

69. Security of Service of Employee: No employee, except the following, shall be removed or dismissed from service without being given a reasonable opportunity to present evidence of innocence:–

(a) Found guilty by a court of a criminal offense involving moral turpitude;
(b) Serving in a temporary post;
(c) Whose whereabouts are unknown or there are sufficient grounds that contact cannot be established;
(d) Whose name registration has been cancelled by a health-related professional council established under the prevailing law. 70. Defense of Employee: (1) No case may be instituted against an employee in relation to any act done by him/her in the belief of performing the duties of his/her office, without following the procedure under Sub-section (2).

(2) For instituting a case against an employee under Sub-section (1), permission of the Attorney General must be obtained in cases where the Government of Nepal is the plaintiff, and permission of the Authorized Officer in other cases; and in civil cases, the following conditions must be met:–

(a) A written notice stating the cause of action and the name and address of the plaintiff and his/her agent, if any, has been submitted to the Authorized Officer or the concerned employee, or sent by registered post, and a copy thereof has been filed with the Government of Nepal.
(b) The case has been filed within eight months from the cause of action.
Nepal Health Service Act, 1997

Provided that, this Sub-section shall not be deemed to prevent the institution of a case and claim for compensation under the prevailing law against an employee who, as a result of an act done negligently or maliciously, causes physical harm or loss to someone.

(3) Even after the cessation of employment, no case may be instituted against an employee in relation to an act done in the course of performing the duties of his/her office while in service, without approval under Sub-section (2).

(4) If approval is given by the Government of Nepal to institute a case under Sub-section (3), the Government of Nepal shall provide for his/her defense. 71. Security of Service Conditions: The service conditions regarding salary, gratuity, pension, and other facilities in force at the time of appointment of any employee shall not be changed to the employee's disadvantage without his/her consent. If any subsequent amendment adversely affects the aforesaid service conditions of an employee who was in service before such amendment, such amended provision shall not apply to him/her unless he/she gives written consent to be governed by such amended provision. Chapter-10

Punishment and Appeal

72. Punishment: For just and sufficient cause, an employee may be subjected to departmental punishment as follows:–

amended by the third amendment. (a) Ordinary Punishment:
(1) Reprimand,
(2) Withholding of promotion for up to two years,
(3) Withholding of up to two salary increments,
(4) Withholding of promotion for up to five years,
(5) Withholding of up to five salary increments,
amended by the fourth amendment. (6) Reduction to the initial salary scale of the post.
added by the fourth amendment. (7) Withholding of level increment.

(b) Special Punishment:
(1) Removal from service without being disqualified for future health service.
(2) Dismissal from service, rendering the employee disqualified for future health service. 73.
Nepal Health Service Act, 1997

73. Reprimand or Withholding of up to Two Salary Increments or Promotion for up to Two Years: In any of the following circumstances, an employee may be punished with reprimand or withholding of up to two salary increments or withholding of promotion for up to two years:–

(a) If he/she has committed indiscipline more than once;
(b) If he/she has violated conduct-related matters mentioned in this Act and the rules made under this Act;
(c) If he/she has not settled accounts as per the prevailing law;
(d) If he/she has received written warnings twice in a year under Section 68;
(e) If he/she has not settled advances as per the prevailing law;
(f) If he/she has failed to follow the instructions given by a superior officer regarding repeated neglect of service seekers' grievances and complaints;
(g) If the office bearer responsible for implementing job descriptions fails to do so.

added by the third amendment. 73A. Withholding of Promotion for up to Five Years or Withholding of up to Five Salary Increments or Reduction to Initial Salary Scale of the Post: In any of the following circumstances, amended by the fourth amendment. an employee may be punished with withholding of promotion for two to five years or withholding of two to five salary increments or reduction to the initial salary scale of the post he/she holds:–

(a) If he/she has repeatedly committed indiscipline;
(b) If he/she has failed to responsibly fulfill the duties and responsibilities prescribed by this Act or the prevailing law;
(c) If he/she has failed to follow instructions given regarding irregularities found in management audit. 74.