chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Land Revenue Act, 1977

Added by the Fifth Amendment.

(3) If no one accepts the auction sale under sub-section (1), the ownership of such land shall vest in the Government of Nepal, and the land so vested in the Government of Nepal may be sold or distributed as prescribed. Provided that, even if the ownership of such land vests in the Government of Nepal, the tenant right (Mohiyani hak) existing on such land shall remain intact.

(4) Out of the amount received from the auction sale under sub-section (1), after deducting the arrears of land revenue and a charge of fifty percent thereof, the remaining amount shall be refunded to the concerned landholder.

(5) Until the land vested in the Government of Nepal under sub-section (3) is sold or distributed, its supervision and other arrangements shall be as prescribed. Amended by the First Amendment.(6) Notwithstanding anything contained in this section, if the land revenue is deposited from the 16th of Ashadh (early July) until the auction sale of the land, the Land Revenue Office shall collect the land revenue together with a charge at the rate of ten percent per annum. Amended by the Act to Amend Certain Nepal Acts Relating to Finance, 2047. Provided that, for arrears of land revenue prior to the commencement of this sub-section, the land revenue shall be collected together with a charge of thirty-five percent. 17. Extension of Time Limit for Payment of Land Revenue: (1) Notwithstanding anything contained in Section 11, if it appears that in any year, due to circumstances in any district or Amended by the First Amendment.any area of a district or any person, the land revenue cannot be paid within the period specified in that section, the Government of Nepal may, by notification in the Nepal Gazette, extend the time limit for payment of land revenue.

(2) If the time limit is extended under sub-section (1), the action under Sections 13, 14, 15 and 16 shall be taken only after the expiry of the extended period in the concerned Amended by the First Amendment.area of the district, and in such a case, the periods mentioned in those sections for various actions shall be similarly extended accordingly. 18. Issuance of Receipt: The Land Revenue Office or the Amended by the Fifth Amendment.government office or local level collecting land revenue shall issue a receipt for the land revenue collected to the person paying it. 19.
Land Revenue Act, 1977

18. Issuance of Receipt: The Land Revenue Office or the Amended by the Fifth Amendment.government office or local level collecting land revenue shall issue a receipt for the land revenue collected to the person paying it. 19. Relating to Collection of Land Revenue on Land Exceeding Ceiling: Land exceeding the ceiling allowed to be held under the Land Related Act, 2021, which has been obtained by the concerned authority but not yet transferred by way of sale or distribution, shall continue to be in the possession and use of the original landholder, who shall continue to pay land revenue to the Government of Nepal as before, and the land revenue on such land shall be collected and realized from that landholder. Provided that, in case of arrears of land revenue on such land, the land shall not be auctioned, but the arrears of land revenue shall be deducted from the compensation payable to such landholder. Chapter 5
Provisions Relating to Remission of Land Revenue

20. Remission of Land Revenue in Case of River Cutting, Sand Deposition or Landslide: (1) If in any year, any land subject to land revenue is cut by a river or stream, becomes covered with sand, suffers a landslide, or is buried by a landslide resulting in no main crop, the concerned landholder shall submit an application to the Land Revenue Office within the prescribed period and in the prescribed format providing details. Provided that, in the case of land with standing crops, such crops shall not be harvested before the inspection under sub-section (2).

(2) To inquire into the matters mentioned in the application received under sub-section (1), the head of the Land Revenue Office shall, within thirty days, go himself/herself or depute a field officer to conduct or cause to be conducted an inquiry. If, upon such inquiry, it appears that land revenue should be remitted for that year, the Land Revenue Office shall determine the percentage of land revenue to be remitted, grant the remission, and inform the Land Revenue Department within seven days.

(3) If, from the inquiry under sub-section (2), it appears that any land has become permanently useless or worthless, the Land Revenue Office shall report to the Government of Nepal for deletion of the entry of such land, and if the Government of Nepal deems appropriate, it shall order the Land Revenue Office to delete the entry of such land. 21.
Land Revenue Act, 1977

21. Remission of Land Revenue in Case of Drought or Other Natural Calamity Affecting Crops: (1) If in any year, the main crop in any area is damaged due to drought, hailstorm, locust infestation, flood, or any other natural calamity, and if it appears necessary to grant partial or full remission of land revenue after necessary inquiry, the Land Revenue Office shall report to the Government of Nepal with its opinion. Amended by the Third Amendment.

(2) Upon receiving a report under sub-section (1), or if the Government of Nepal becomes aware of such situation by any other means, Removed by the Act to Amend Certain Nepal Acts Relating to Finance, 2074. the Government of Nepal shall remit such amount of land revenue as may be deemed necessary. Chapter 6
Provisions Relating to Functions, Duties and Liabilities in Collecting Land Revenue

Amended by the Fifth Amendment.22. Authority to Exercise Powers under this Act: When collecting land revenue pursuant to sub-section (2) of Section 9, any government office or Amended by the Certain Nepal Acts Amendment Act, 2072.local level shall also be entitled to exercise all powers vested in the Land Revenue Office in relation thereto, except the power to sell land by auction. Amended by the Fifth Amendment.23. Liability for Loss or Damage: If any person, while collecting land revenue, intentionally or with bad faith, does any act contrary to this Act or prevailing law and causes any kind of loss or damage to the Government of Nepal or any other person, the person engaged in the collection of land revenue shall bear the loss or damage and other liabilities. If the amount of land revenue collected is subject to loss or damage, such person shall also be subject to proceedings under prevailing law. Chapter 7
Provisions Relating to Cultivation of Land

Amended by the Act to Amend, Consolidate, Adjust and Repeal Certain Nepal Laws, 2074.24. Prohibition on Registration or Cultivation of Government, Public or Community Land: (1) Government, public or community land shall not be registered or cultivated in the name of any particular individual. Provided that, nothing in this sub-section shall be deemed to prevent the Government of Nepal from making arrangements for public land for public purposes, for government land for any work approved by the Government of Nepal, and for community land for any work approved by the concerned community.

(2) If any person has registered and cultivated government, public or community land in his/her own name before or after the commencement of this section, such registration shall be void ab initio.
Land Revenue Act, 1977

The Land Revenue Office or an officer designated by the Government of Nepal shall delete the registration entry of such land in the name of that individual.

(3) The concerned Land Revenue Office shall register government, public or community land and maintain the records thereof updated as prescribed. 25. Prohibition on Cultivation of Unregistered Land: No person shall cultivate or cause to be cultivated any unregistered land. Provided that, nothing in this section shall be deemed to prevent the cultivation of such land after the prescribed committee under Section 26 has granted approval for cultivation, or after the land has been sold or distributed under prevailing Nepal law relating to resettlement. 26. Cultivation of Unregistered Land with Approval: (1) For cultivating unregistered land, approval must be obtained from the prescribed committee.

(2) An application for approval to cultivate unregistered land shall be submitted to the prescribed committee.

(3) Only a person who does not have land up to the prescribed limit as a tenant or landholder shall be entitled to submit an application under sub-section (2).

(4) The prescribed committee may, subject to this Act, the rules made under this Act, and other prevailing Nepal law, grant approval to a person under sub-section (3) to cultivate unregistered land.

(5) While granting approval under sub-section (4), the prescribed committee shall determine the conditions for cultivating such land and the fees therefor as prescribed. Provided that,

(a) Nothing contained in this section shall confer on such committee the authority to grant approval to cultivate land which cannot be cultivated or registered under sub-section (1) of Section 24. Amended by the Fifth Amendment.

(b) The prescribed committee shall not grant approval to cultivate land which, for any reason, cannot be currently registered for cultivation in the name of any person.

(c) If applications for approval to cultivate the same land are received from more than one person, permission shall be granted according to the prescribed priority.

(6) Notwithstanding anything contained in this section, if land in any area is to be settled, land up to the limit prescribed by the Government of Nepal may be sold and distributed under prevailing Nepal law relating to resettlement.

(7) While granting approval to cultivate land under this section or while selling and distributing land for settlement under sub-section (6), the prescribed committee or the concerned authority shall cause such land to be registered.

(8) The Land Revenue Office shall implement the decisions or orders made by the concerned committee or authority under this section as prescribed. Added by the Act to Amend Certain Acts Relating to Prevention of Money Laundering and Promotion of Business Environment, 2080.## Chapter 7A
Real Estate Transactions

26A.
Land Revenue Act, 1977

Added by the Act to Amend Certain Acts Relating to Prevention of Money Laundering and Promotion of Business Environment, 2080.## Chapter 7A
Real Estate Transactions

26A. License Required for Real Estate Transactions: Any person conducting real estate transactions exceeding the area or amount limit specified in the notification, in an area designated by the Government of Nepal by notification in the Nepal Gazette, shall obtain a license under this Act. Explanation: For the purpose of this Chapter, "real estate transaction" means the act of assisting in the purchase or sale of any house or land of another person, whether for a fee or free of charge, advising a person purchasing or selling such house or land, or providing any other type of professional service in relation thereto, except for purchase and sale made by mutual agreement between natural persons. 26B. Application for License: (1) A person desiring to obtain a license to conduct real estate transactions shall submit an application, along with prescribed details, documents and fees, to the authority designated by the Government of Nepal by notification in the Nepal Gazette.

(2) While designating an authority under sub-section (1), the Government of Nepal may designate any authority of the Government of Nepal, the provincial government, or the local level.

(3) Upon examining the application received under sub-section (1), if the contents appear reasonable, the concerned authority shall, specifying prescribed conditions, issue a license to the applicant to conduct real estate transactions.

(4) A license issued under sub-section (3) shall be valid for five years.

(5) The format of the license, renewal, renewal fees and other related provisions shall be as prescribed. 26C. Inspection and Supervision: (1) The authority issuing the license may issue directives to, and inspect and supervise, the licensee.

(2) It shall be the duty of the licensee to comply with directives given by the authority under sub-section (1), to provide necessary assistance to the inspecting or supervising authority during inspection or supervision, and to provide required details and documents. 26D. Cancellation of License: Notwithstanding anything contained elsewhere in this Chapter, the authority issuing the license may cancel the license at any time under the following circumstances:

(a) if the license was obtained by submitting false details,
(b) if the conditions specified at the time of issuing the license are violated,
(c) if directives given by the licensing authority under this Act or the rules made under this Act are violated, or
(d) if the license is not renewed. 26E.
Land Revenue Act, 1977

26E. Penalty: (1) If any person conducts real estate transactions without a license, such person shall be liable to a fine equal to the value of the transaction if the value is known, or to a fine of up to twenty-five lakh rupees if the value is not known, or imprisonment for up to six months, or both.

(2) If a licensee conducts real estate transactions contrary to this Act, the rules made under this Act, or the conditions of the license, the licensing authority may impose a fine on such person equal to the value of the transaction if the value is known, or a fine of ten lakh rupees if the value is not known. 26F. Case to be Filed with the Government of Nepal as Plaintiff: In a case punishable under sub-section (1) of Section 26E, the case shall be filed in the concerned District Court with the Government of Nepal as the plaintiff, and such case shall be deemed to be included in Schedule-1 of the National Code (Criminal Procedure), 2074. Chapter 8
Miscellaneous

27. Recovery of Arrears from Jimmadar (Revenue Collector): Land revenue remaining outstanding from a Jimmadar at the time of the abolition of the Jimindari system shall be recovered from him/her as per the Jimindari records, like other government dues under prevailing Nepal law. 28. Penalty for Obstructing or Opposing Land Revenue Collection: If any person obstructs or opposes the work of collecting or realizing land revenue, the head of the Land Revenue Office may impose a fine of up to five hundred rupees on such person. Amended by the Act to Amend, Consolidate, Adjust and Repeal Certain Nepal Laws, 2074.29. Penalty for Registering or Cultivating Government or Public Land: If any person registers or cultivates government or public land, the person committing or causing such offence shall be liable to imprisonment for up to three years or a fine of up to thirty thousand rupees, or both. Added by the Fifth Amendment.29A. Penalty for Submitting False Details: If, in the course of work or proceedings conducted by the Land Revenue Office under prevailing law, it appears that any person has intentionally submitted false details, the Land Revenue Office may, while making a decision in relation thereto, impose a fine of up to one thousand rupees on the person submitting such details. 30.
Land Revenue Act, 1977

30. Penalty for Cultivating Land without Approval: If any person cultivates or causes to be cultivated any unregistered land without obtaining approval under sub-section (4) of Section 26, the head of the Land Revenue Office shall impose a fine of up to ten times the annual land revenue amount applicable to such land under prevailing law from the year of cultivation, and shall confiscate such land. The procedure relating to such confiscated land shall be as prescribed. 31. Appeal: An appeal against a decision made by the Land Revenue Office under Sections 7, 8, 8B, 28, 29 and 30 of this Act, or by an authority designated under Section 26B, Amended by the Act to Amend Certain Acts Relating to Prevention of Money Laundering and Promotion of Business Environment, 2080. shall lie to the Amended by the Certain Nepal Acts Amendment Act, 2072.District Court. Provided that, an appeal against a decision made by the Land Revenue Office under Section 7 raising a question of right and title which requires a decision by the court shall not lie to the Amended by the Certain Nepal Acts Amendment Act, 2072.District Court. 32. Powers Equivalent to a Court: While performing work under this Act, the head of the Land Revenue Office shall have powers equivalent to those of a court under prevailing Nepal law in relation to taking statements, summoning parties, hearing evidence, and requiring submission of documents. Added by the Fourth Amendment.32A. Departmental Action: If it appears that any action required to be taken by the Land Revenue Office under this Act has been done in a mala fide manner, the concerned officer or employee shall be subject to departmental punishment. Added by the Fifth Amendment.32B. Power to Annul Action: If, before a complaint is filed in court, it comes to the notice of the Director General of the Land Revenue Department, upon application by any person or otherwise, that a serious error has been made under prevailing law in the name transfer, entry or deletion, or in the amendment of details mentioned in sub-section (3) of Section 7, by a Land Revenue Officer, the Director General may annul such decision and make a new decision in accordance with law. 33. Power to Make Rules: The Government of Nepal may make rules for carrying out the purposes of this Act. 34. Power to Remove Difficulties: If any difficulty arises in the implementation of this Act, the Government of Nepal may, by notification in the Nepal Gazette, issue necessary orders to remove such difficulty. 35.
Infectious Diseases Act, 1964

Infectious Disease Act, 2020 (1963)

Royal Seal and Publication Date
2020.11.16 (1963 February 27)

Amending Acts

1. Infectious Disease (First Amendment) Act, 2029 (1972) 2029.6.5 (1972 September 21)
2. Act to Amend Some Nepal Acts, 2048 (1991) 2049.1.8 (1992 April 20)
3. Animal Health and Animal Services Act, 2055 (1998) 2055.4.6 (1998 July 22)
4. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009) 2066.1.7 (2009 April 20)
5. Act to Amend Some Nepal Acts to Make Them Consistent with the Constitution of Nepal, 2075 (2018) 2075.11.19 (2019 March 3)

Act No. 28 of the year 2020 (1963)



An Act Made to Provide for the Prevention of Infectious Diseases

Preamble: Whereas, it is desirable to provide for the eradication or prevention of any infectious disease that has broken out or is likely to break out in Nepal removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009). or any part thereof, so that such disease does not take a severe form,

Therefore, His Majesty King Mahendra Bir Bikram Shah Dev, with the advice and consent of the Rastriya Panchayat, has enacted this Act. 1. Short Title, Extent, and Commencement: (1) This Act shall be called the "Infectious Disease Act, 2020 (1963)."

(2) This Act shall apply throughout Nepal removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009)..

(3) This Act shall come into force immediately. 2.
Infectious Diseases Act, 1964

1. Short Title, Extent, and Commencement: (1) This Act shall be called the "Infectious Disease Act, 2020 (1963)."

(2) This Act shall apply throughout Nepal removed by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009)..

(3) This Act shall come into force immediately. 2. Power to Make Special Arrangements: Amended by the First Amendment. (1) If any infectious disease in humans breaks out or spreads, or is likely to break out or spread, throughout Nepal or in any part thereof removed by the Animal Health and Animal Services Act, 2054 (1998). amended by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066 (2009)., the Government of Nepal may take necessary actions to eradicate or prevent such disease and may issue necessary orders applicable to the general public or any group of persons.

(2) The Government of Nepal may, for the eradication or prevention of any infectious disease in humans that has broken out or spread or is likely to break out or spread removed by the Animal Health and Animal Services Act, 2054 (1998)., appoint any authority and delegate necessary powers to make necessary arrangements.

(3) Without prejudice to the generality of sub-section (1) or (2), the Government of Nepal may issue necessary orders for the inspection and control of passengers traveling on foot or by any means of conveyance, who are brought or taken removed by the Animal Health and Animal Services Act, 2054 (1998)., and, if there is suspicion that such removed by the Animal Health and Animal Services Act, 2054 (1998). passengers are infected with any infectious disease, the employee deployed for inspection may isolate such removed by the Animal Health and Animal Services Act, 2054 (1998). passenger in hospitals or other places, or bring or take them in any manner, or even order inspection and control over their travel. 2A.
Infectious Diseases Act, 1964

2A. Power of Province to Make Special Arrangements: Inserted by the Act to Amend Some Nepal Acts to Make Them Consistent with the Constitution of Nepal, 2075 (2018). (1) If any infectious disease breaks out or spreads, or is likely to break out or spread, throughout a province or any part thereof, the provincial government may take necessary actions to eradicate or prevent such disease and may issue necessary orders applicable to the general public or groups of persons.

(2) The provincial government may, for the eradication or prevention of any infectious disease that has broken out or spread, or is likely to break out or spread, within the province, appoint any authority and delegate necessary powers to make necessary arrangements.

(3) Without prejudice to the generality of sub-section (1) or (2), the provincial government may issue necessary orders for the inspection of passengers traveling on foot or by any means of conveyance, and, if there is suspicion that such passenger is infected with any infectious disease, the employee deployed for inspection may isolate such passenger in hospitals or other places, or bring or take them in any manner, or even order inspection and control over their travel.

(4) Notwithstanding anything elsewhere written in this section, if the Government of Nepal has already issued an order pursuant to Section 2, the provincial government shall not issue an order pursuant to this section, and the provincial government shall also implement such order.

(5) Information of an order issued by the provincial government pursuant to this section shall be immediately given to the relevant ministry of the Government of Nepal. 3. Penalty: (1) A person who contravenes this Act or an order given under this Act shall be liable to imprisonment for up to 1 month or a fine of up to Rs. 100/- or both.

(2) A person who obstructs persons authorized under this Act in their work shall be liable to imprisonment for up to 6 months or a fine of up to Rs. 600/- or both. 4. Authority for Action and Adjudication: The authority to take action and adjudicate offenses committed under this Act shall vest in amended by the Act to Amend Some Nepal Acts, 2048 (1991). the Chief District Officer. 5. Protection for Acts Done in Good Faith: No suit or any other legal action shall lie against any person authorized under this Act for any act done in good faith in the discharge of their duty.
Employee Adjustment Act, 2019

Employee Adjustment Act, 2075 (2018)

Certification Date
2075.11.10

Act Number 27 of the year 2075 (2018)

An Act Made to Provide for Employee Adjustment

Preamble: Whereas, it is expedient to make legal provisions regarding the adjustment of employees of government service and other services into the service of the Federation, Province and Local Level,

The Federal Parliament has enacted this Act. 1. Short Title and Commencement: (1) This Act may be called the "Employee Adjustment Act, 2075 (2018)".

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

(a) "Employee of other service" means an employee who has obtained permanent appointment from the former local bodies and is working at the local level at the time of commencement of the Employee Adjustment Ordinance, 2075 (2018), or a permanent employee of a committee, commission, corporation or similar organized institution whose service has been transferred to a province or local level.

(b) "Employee" means a permanent employee of government service and other service who is in service at the time of commencement of this Act.

(c) "Ministry" means the Ministry of Federal Affairs and General Administration of the Government of Nepal.

(d) "National Records Office" means the body maintaining records of civil servants.

(e) "Adjustment" means the act of posting an employee to a post in the service of the Federation, Province or Local Level pursuant to this Act.

(f) "Committee" means the Organization and Management Survey Committee referred to in subsection (2) of Section 3.

(g) "Government service" means the services established pursuant to the Civil Service Act, 2049 (1993), the Nepal Health Service Act, 2053 (1997) and the Act Relating to Legislature-Parliament Secretariat, 2064 (2008).

(h) "Constitution" means the Constitution of Nepal.

(i) "Service operating body" means the ministry or body that operates a service, group or sub-group pursuant to the prevailing law.

(j) "Local level" means a Rural Municipality or a Municipality. 3.
Employee Adjustment Act, 2019

3. Approval of Organization and Employee Posts: (1) For the purpose of adjusting employees pursuant to this Act, the organizational structure and employee posts required for service delivery in the Federation, Province and Local Level shall be as approved by the Government of Nepal.

(2) To make recommendations for the approval of the organizational structure and employee posts pursuant to subsection (1), there shall be an Organization and Management Survey Committee in the Ministry as follows:-

 (a) Secretary, Ministry - Coordinator
 : : :
 (b) Joint Secretary, Office of the Prime Minister and Council of Ministers - Member
 (c) Joint Secretary, Government of Nepal, Ministry of Finance - Member
 (d) Joint Secretary, Government of Nepal, Ministry of Law, Justice and Parliamentary Affairs - Member
 (e) Joint Secretary, Government of Nepal, concerned Ministry - Member
 (f) Joint Secretary, Ministry - Member-Secretary

(3) The meetings of the Committee and its procedures shall be as determined by the Committee itself.

(4) The Committee shall review the organizational structure and employee posts of the Federation, Province and Local Level approved by the Government of Nepal, based on the list of rights according to the Constitution, nature of work and workload, and if a situation requiring review is found, it shall review and recommend to the Ministry.

(5) Where the Committee reviews the organizational structure and employee posts of Province and Local Level pursuant to subsection (4), it shall make a recommendation ensuring that level-wise posts are maintained.

(6) Based on the recommendation made by the Committee pursuant to subsections (4) and (5), the Ministry shall submit to the Government of Nepal for the approval of the organizational structure and employee posts of the Federation, Province and Local Level.

(7) While reviewing the organizational structure and employee posts of a Province or Local Level, the Committee may invite the Chief Secretary of the Province.

(8) Notwithstanding anything contained in subsection (6), if the organizational structure and posts existing at the time of commencement of this Act are not altered during the review pursuant to subsection (4), it shall not be necessary to submit to the Government of Nepal.

(9) The Committee may, as required, invite any person or form a sub-committee to assist in its work.

(10) After the work of employee adjustment is completed, the Provincial Government or Local Level may, as required, increase, decrease, change or modify the organizational structure or posts.
Employee Adjustment Act, 2019

If a request is made by the concerned Province or Local Level, the Government of Nepal shall provide necessary assistance.

(11) After the work of employee adjustment is completed, the Government of Nepal shall review the organizational structure and posts of the bodies under the Federation based on the list of rights mentioned in the Schedule to the Constitution, nature of work and workload. 4. Details of Employees: (1) For the purpose of adjusting employees of government service, the details of employees maintained in the National Records Office shall be taken as the basis.

(2) In the case of employees holding permanent appointments from former local bodies and being in service, the details prepared by the concerned District Coordination Committee and sent to the Ministry shall be taken as the basis.

(3) In the case of permanent employees of committees, commissions, corporations or similar organized institutions whose service has been transferred to a Province or Local Level, the details prepared by the concerned Ministry and sent to the Ministry shall be taken as the basis.

(4) Notwithstanding anything contained in subsections (2) and (3), the details received from the concerned body in the Ministry and the details collected by the Ministry through various means may also be taken as the basis for the purpose of employee adjustment. 5.
Employee Adjustment Act, 2019

6. Adjustment of Employees of Other Service: (1) Based on the applications received according to the notice published pursuant to subsection (2) of Section 5, the employees mentioned in that subsection shall be adjusted by the Ministry in the organizational structure and posts approved for the Local Level pursuant to Section 3, based on the grounds mentioned in Section 8, to the matching service, group and level of the Local Level on the basis of the post currently held and educational qualification.

(2) Based on the applications received according to the notice published pursuant to subsection (3) of Section 5, the employees mentioned in that subsection shall be adjusted by the Ministry in the organizational structure and posts approved for the Local Level pursuant to Section 3, based on the grounds mentioned in Section 8, to the Local Level, service, group and level within the concerned district. Provided that, if adjustment cannot be made because there is no post matching the service, group or level of the employee in any Local Level within the concerned district, adjustment may be made to a post in the service of a Local Level of another district within the concerned Province.

(3) When adjusting permanent employees of commissions, committees, corporations or similar organized institutions whose service has been transferred to a Province or Local Level, the adjustment shall be made to the matching service, group and level of the Local Level on the basis of the post currently held and educational qualification.

(4) The concerned Local Level shall, within ten days from the date of commencement of this Act, issue a letter of adjustment to the employee who has obtained permanent appointment from a former local body and has been adjusted pursuant to the Local Government Operation Act, 2074 (2018) but is yet to receive the adjustment letter, and shall inform the Ministry accordingly.

(5) Other procedures for adjustment made pursuant to this section shall be as determined by the Ministry. 7.
Employee Adjustment Act, 2019

For employees adjusted in this manner, two grades shall be added to the grade he/she is currently receiving. The provisions of subsections (6) and (7) shall also apply in the case of such employees.

(9) When adjusting employees of government service to the service of the Federation, Province and Local Level pursuant to this section, the Government of Nepal shall adjust posts of Gazetted First Class or equivalent and above, and the concerned service operating body shall adjust other posts.

(10) Notwithstanding anything contained elsewhere in this Act, employees of the Nepal Legislature-Parliament Service established pursuant to the Act Relating to Legislature-Parliament Secretariat, 2064 (2008) shall be adjusted to the Federation, Province and Local Level.

(11) The Federal Parliament Secretariat shall send the details of employees to be adjusted pursuant to subsection (10) to the Ministry within seven days of the commencement of this Act, and the Ministry shall make adjustments within seven days of receiving such details. While making adjustments in this manner, subject to Section 8 of this Act, employees of the General Administration Group of the Nepal Legislature-Parliament Service shall be adjusted to posts in the Administration Service, General Administration Group of the Provincial Civil Service or the Administration Service, General Administration Group of the Local Service, and employees of other groups shall be adjusted to matching groups.

(12) The transfer, promotion, and seniority calculation of employees adjusted pursuant to subsection (11) shall be the same as those of employees of government service adjusted pursuant to this Act. 8.
Employee Adjustment Act, 2019

8. Basis for Employee Adjustment: (1) When adjusting employees of government service to posts of the Federation pursuant to this Act, the adjustment shall be made successively on the following basis according to the priority order mentioned in the application submitted by the employee pursuant to subsection (5) of Section 5:-

(a) Seniority in the working post,

(b) Seniority in a post of a lower grade or level than the working post,

(c) Seniority in age.

(2) When adjusting employees of government service to posts of the Province or Local Level pursuant to this Act, the adjustment shall be made successively on the following basis according to the priority order mentioned in the application submitted by the employee pursuant to subsection (5) of Section 5:-

(a) Seniority in the working post,

(b) Seniority in a post of a lower grade or level than the working post,

(c) The Province or Local Level where the employee is currently working,

(d) Address of current permanent residence,

(e) Address mentioned in the citizenship certificate,

(f) Seniority in age.

(3) When adjusting employees to the service of the Province or Local Level pursuant to subsection (2), husband and wife shall, as far as possible, be adjusted to fall within the same district.

(4) Notwithstanding anything contained in subsection (1) or (2), an employee certified by a Medical Board constituted by the Government of Nepal as having a severe disease or serious physical disability as determined by the prevailing law shall be adjusted by the service operating body, upon the recommendation of the Directive and Coordination Committee pursuant to Section 17, as deemed appropriate.

(5) Notwithstanding anything contained in this section, employees of government service who are due to retire compulsorily within one year from the date of publication of the notice pursuant to Section 5 shall not be adjusted to the service of the Province or Local Level.

(6) Notwithstanding anything contained in subsection (5), employees of bodies or offices whose functions, along with organizational structure, have been transferred to the Province or Local Level shall not be deemed to be prevented from being adjusted to the service of the concerned Province or Local Level.

(7) An employee who is adjusted to a post in the service of the Federation pursuant to this section and is currently working in an office or post of the Federation at the time of adjustment shall continue to work in the office where he/she is currently posted until he/she is transferred or posted according to the law relating to his/her service and conditions.
Employee Adjustment Act, 2019

In the case of an employee adjusted to a post in the service of the Federation who was assigned to the Province or Local Level at the time of adjustment, he/she shall be assigned to an office of the Federation for work. 9. Employees May be Deputed: (1) If, even after adjustment pursuant to Sections 6 and 7, the posts approved for the service of the Province or Local Level pursuant to Section 3 remain unfilled and vacant, an employee from the pool establishment maintained pursuant to subsection (1) of Section 19, of the concerned service or group, shall be deputed through the Provincial Government for work for a maximum period of three years to a post pursuant to Section 7 of a level matching the post he/she currently holds.

(2) When deputing employees pursuant to subsection (1), the Government of Nepal shall depute employees of Gazetted First Class or Eleventh Tier or above, and the service operating body shall depute other employees.

(3) An employee deputed to the service of the Province or Local Level pursuant to this section may be deputed by the Provincial Government from one office to another within the Province to a vacant post matching his/her service, group, sub-group and level.

(4) An employee deputed to the service of the Province or Local Level pursuant to this Act shall be accountable to the level to which he/she is deputed as long as he/she is working in such level.

(5) An employee deputed pursuant to this section shall be eligible for promotion to a post in the service of the Province or Local Level to which he/she is deputed.

(6) If an employee referred to in subsection (5) is promoted to the service of the concerned Province or Local Level, he/she shall be deemed to be automatically adjusted to the post in the service of such Province or Local Level.

(7) The post of an employee deputed pursuant to this section shall be deemed vacant in any of the following circumstances, and for the fulfillment of such vacant post, the concerned Province or Local Level shall send a request for fulfillment of the post to the Provincial Public Service Commission:-

(a) If he/she resigns,

(b) If he/she is transferred or promoted to a post in the service of the Federation,

(c) If he/she is promoted to the service of the concerned Province or Local Level, or

(d) If he/she dies.

(8) Notwithstanding anything contained in subsection (7), until the Provincial Public Service Commission is formed, a request for fulfillment of the post shall be sent to the Public Service Commission through the Ministry.

(9) An employee adjusted to a post in the service of the Federation pursuant to this Act may be deputed to work in the Province or Local Level based on the demand of the concerned Province or Local Level.
Employee Adjustment Act, 2019

10. Assignment for Work: (1) Until a law is made pursuant to subsection (3) of Section 84 of the Local Government Operation Act, 2074 (2018), the Government of Nepal shall assign an officer of the civil service to the post of District Coordination Officer and Chief Administrative Officer of Rural Municipality and Municipality.

(2) An employee assigned pursuant to subsection (1) shall be accountable to the concerned Local Level. 11. Provisions Regarding Chief Secretary of Province and Secretary of Provincial Ministry: (1) For the purpose of adjusting employees pursuant to this Act, the post of Chief Secretary of the Provincial Government and Secretary of a Ministry of the Provincial Government shall be deemed to be posts of the Federal Civil Service.

(2) The Government of Nepal shall, pursuant to the prevailing law, assign employees from the civil service to the posts of Chief Secretary of the Province and Secretary of the Provincial Ministry.

(3) Notwithstanding anything contained in subsections (1) and (2), after the post of Provincial Secretary is filled pursuant to Provincial law, such post shall be deemed to be a post of the Provincial Civil Service automatically.

(4) When assigning to the post of Chief Secretary of the Province pursuant to subsection (2), the assignment shall be made from among the employees of the Gazetted Special Class, and when assigning to the post of Secretary of the Provincial Ministry, the assignment shall be made from among the employees of the Gazetted First Class of the concerned service, group or sub-group, as far as possible on the basis of seniority and work efficiency.

(5) An employee assigned pursuant to subsection (2) shall be fully accountable to the Provincial Government. 12. Demand for Fulfillment of Posts: (1) If, even after adjustment pursuant to Sections 6 and 7, the posts created pursuant to Section 3 for the service of the Province or Local Level cannot be filled, the concerned Province or Local Level shall send a request for fulfillment of posts to the Provincial Public Service Commission. Provided that, until the Provincial Public Service Commission is formed, the concerned Province or Local Level shall send a request to the Public Service Commission through the Ministry.

(2) Upon receipt of a request pursuant to subsection (1) or subsection (7) or (8) of Section 9, the Provincial Public Service Commission or the Public Service Commission shall recommend candidates for the fulfillment of posts pursuant to the law of the concerned Province or Local Level.
Employee Adjustment Act, 2019

Provided that, until the law relating to the service of the concerned Province or Local Level is made, posts shall be filled by determining the number of posts pursuant to the provisions of the prevailing law relating to civil service. While filling posts in this manner, for the posts determined for promotion, the posts shall be filled from potential candidates one grade or level below in the service of the concerned Province or Local Level who have the required minimum qualification for the post to be promoted.

(3) Upon receipt of a request pursuant to subsection (2), the Provincial Public Service Commission or the Public Service Commission shall publish an advertisement specifying the Province or Local Level where the post is vacant, and shall recommend suitable candidates for appointment to the concerned Province or Local Level. The concerned Province or Local Level shall appoint the employee so recommended.

(4) Notwithstanding anything contained elsewhere in this section, if an employee adjusted to the service of the Province or Local Level ceases to be in service for any reason, the post shall be filled by determining the number of posts pursuant to the law relating to the service of the concerned Province or Local Level.

(5) Notwithstanding anything contained elsewhere in this section, until the Provincial Public Service Commission is formed, the Government of Nepal may request the Public Service Commission to recommend for the fulfillment of posts by projecting the number of posts for employees to be adjusted in the organizational structure and posts of the Province and Local Level approved pursuant to Section 3 and the number of posts that cannot be filled from adjustment, and opening the vacant posts of the Province and Local Level.

(6) Upon receipt of a request pursuant to subsection (5), the Public Service Commission shall carry out the proceedings related to the fulfillment of such posts and recommend to the concerned Province or Local Level for appointment, and the concerned Province or Local Level shall appoint such employee.

(7) An employee appointed pursuant to subsection (3) or (6) shall be deemed to be appointed to a post in the service of the concerned Province or Local Level. 13.
Employee Adjustment Act, 2019

13. Employee Must Report for Duty: (1) An employee adjusted pursuant to this Act must mandatorily report for duty to the post in the service of the Province or Local Level to which he/she has been adjusted within twenty-one days, excluding travel time.

(2) Notwithstanding anything contained in subsection (1), an employee who is in the following situation at the time of adjustment shall report for duty to the post to which he/she has been adjusted within thirty-five days of the expiry of the following period:-

(a) An employee on maternity leave or maternity care leave, after the expiry of such leave,

(b) An employee on mourning leave, after the expiry of such leave,

(c) An employee under suspension, after the expiry of such suspension,

(d) An employee on extraordinary or study leave, after the expiry of such leave,

(e) An employee hospitalized due to illness, after being discharged from the hospital.

(3) Notwithstanding anything contained in the prevailing law, an employee who fails to report for duty within the period specified in subsection (1) or (2) shall be retired from service by the authority empowered to issue a departmental punishment order under the prevailing law.

(4) Before retiring an employee from service pursuant to subsection (3), a reasonable opportunity shall be given to submit a defense and explanation pursuant to the prevailing law.

(5) The Public Service Commission shall be consulted on the matter of retiring an employee from service pursuant to subsection (3).

(6) An employee retired pursuant to subsection (3) shall be entitled to the benefits under the prevailing law.

(7) The administrative chief or officer of the concerned body shall have the employee adjusted to the Province or Local Level pursuant to this Act report for duty and assign responsibility.

(8) An officer who fails to make the employee report for duty and assign responsibility pursuant to subsection (7) shall be actioned as per the prevailing law. 14.
Employee Adjustment Act, 2019

14. Provisions Regarding Transfer and Promotion of Adjusted Employees: (1) Notwithstanding anything contained in the prevailing law, an employee adjusted to the service of a Province pursuant to this Act may be transferred within the concerned Province or its subordinate offices after the completion of the period specified in the Provincial law.

(2) Notwithstanding anything contained in the prevailing law, an employee adjusted pursuant to this Act may be a candidate for promotion to the following posts:-

(a) An employee adjusted to the service of a Local Level, to a post one level above in the concerned service or group of the Local Level located in the concerned Province,

(b) An employee adjusted to the service of a Province, to a post one level above in the service, group or sub-group of the concerned Province.

(3) For the purpose of subsection (2), in the case of an adjusted employee, his/her service period prior to adjustment shall also be counted.

(4) An employee adjusted to a Province or Local Level pursuant to this Act may be a candidate for promotion to a post one grade or level above in the service, group or sub-group in which he/she was serving prior to adjustment, for promotion by internal competition, seniority and performance evaluation and efficiency evaluation pursuant to the Federal Civil Service Act. 15.