chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Civil Service Act, 1993

11. Provision 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 who have not been recommended for permanent appointment in the examinations conducted by it.

(2) If it is necessary to make a temporary appointment to a vacant post in the civil service, the concerned Ministry shall write to the Public Service Commission.

(3) Upon receiving such written request under sub-section (2), the Public Service Commission shall, on the basis of the demand of the concerned Ministry, recommend the name of the person on the list of order of merit for temporary appointment and send it.

(4) The concerned Ministry shall make a temporary appointment of the person recommended under sub-section (3) for a maximum period of 6 months.

(5) The concerned Ministry shall inform the Ministry of General Administration of the temporary appointment made under sub-section (4) within seven days.

(6) If anyone makes a temporary appointment contrary to this section, the amount of salary, allowance and other facilities received by the civil servant so appointed shall be recovered from the appointing officer as a government due. 12. Incumbent to Remain: In the following circumstances, the civil servant shall remain the incumbent of his/her post above:-

(a) As long as he/she continues to work in that post.

(b) Until the period allowed to assume charge after transfer to another post.

(c) During the period of leave.

(d) During the period of suspension.

(e) When detailed by the Government of Nepal or for non-governmental work, or when working on an acting basis in any other post. 13. Acting Arrangement: Amended by the Second Amendment.(1) If the post of any Departmental Head or Office Chief becomes vacant, or if the serving employee in such post goes on leave for more than fifteen days, or is under action pursuant to prevailing law, a civil servant of the same level or of a post one class below who is an eligible candidate for promotion may be appointed as acting for a maximum period of six months in order to immediately carry on the work of that post. After an acting appointment has been made to a post in this way, the same or another person shall not be again appointed as acting to that post.

(2) If an employee is appointed as acting contrary to sub-section (1), the amount of salary, allowance and other facilities received by him/her while in that post shall be recovered from the officer making the acting appointment as a government due. 14.
Civil Service Act, 1993

14. Taking Oath: Every civil servant, before assuming charge of his/her office for the first time after appointment, shall take an oath as prescribed. Amended by the Second Amendment.15. Posting of Civil Servants: (1) Posting of a civil servant shall be done on the basis of his/her educational qualification, training and experience. Provided that, posting to the post of Departmental Head of Gazetted First Class shall be done with the consent of the Ministry of General Administration. While giving consent for posting to such post, the Ministry of General Administration shall, in coordination with the concerned Ministry, provide consent to the employee who has the ability to bear leadership in that post, in addition to the matters mentioned above.

(2) When posting or transferring any civil servant to a designated post of Departmental Head, Office Chief or other post, the Government of Nepal may, subject to the job description according to the administrative work nature of the duties to be performed in that post, make a performance agreement with the concerned officer and effect the posting or transfer.

(3) For the post of Secretary of Special Class of the Government of Nepal or equivalent post and the post of Departmental Head of a central agency, a special post may be automatically created for a period of up to fifteen days for the purpose of working alongside the serving incumbent and handing over/taking over, and posting may be effected before the serving incumbent retires.

(4) Other arrangements relating to posting shall be as prescribed. Amended by the Second Amendment.16. Probation Period: A new appointment to a permanent post in the civil service shall be made with a probation period of six months for female employees and one year for male employees. If the work of the employee during the probation period is not satisfactory, his/her appointment may be revoked. The appointment of a civil servant whose appointment is not so revoked shall be deemed to have been automatically confirmed after the expiry of the probation period. Provided that, if an employee who has once been permanently appointed to a post in the civil service and has completed the probation period is appointed permanently to another post in the civil service and joins, such employee shall not be placed on probation again. Explanation: For the purposes of the proviso (3) of clause (c) of sub-section (1) of Section 10 and this section, "Civil Service" shall also mean the Parliament Service and the Nepal Health Service. 17. Term of Chief Secretary and Secretary: The term of office of the Chief Secretary and the Secretary shall be three years and five years respectively. Proviso deleted by the First Amendment.
Civil Service Act, 1993

17. Term of Chief Secretary and Secretary: The term of office of the Chief Secretary and the Secretary shall be three years and five years respectively. Proviso deleted by the First Amendment. Explanation: For the purpose of this section, "Secretary" means a civil servant holding any post of the Special Class. Chapter-4

Transfer and Promotion

Amended by the Second Amendment.18. Power to Transfer: (1) Civil servants shall be transferred pursuant to sub-section (3) in order to provide them with experience of different geographical regions of the country, and the authority to make such transfer shall vest in the Appointing Authority. Provided that,

(a) The Ministry of General Administration shall transfer a civil servant of one Ministry or subordinate Department or office to another Ministry and subordinate Department or office.

(b) The Office of the Auditor General shall transfer employees of the Administration Service and the Accounts Group.

(2) Notwithstanding anything contained elsewhere in this section, transfer or posting of employees of the Gazetted Special Class shall be made by the Government of Nepal on the recommendation of a committee consisting of the Chief Secretary of the Government of Nepal and the Secretary of the Ministry of General Administration as members, chaired by the Minister for General Administration. In the event a recommendation is required for the transfer of the Secretary of the Ministry of General Administration as well, the Secretary of the Office of the Prime Minister and Council of Ministers shall participate in the meeting of that committee as a member instead of the Secretary of the Ministry of General Administration.
Civil Service Act, 1993

Added by the Fourth Amendment.(2A) Notwithstanding anything contained in sub-section (2), an employee working in a post of the Special Class of a service referred to in sub-section (2) of Section 6 may be transferred only to a post of the Special Class of that same service.

(3) When transferring a civil servant other than a civil servant holding a post requiring specialized service and for whom there is no post of his/her service, group or sub-group and office elsewhere at the local level, and an employee of the Special Class and Gazetted First Class, the concerned Appointing Authority shall, ordinarily once a year according to a schedule as prescribed, make the transfer by specifying the period in the transfer letter as follows:

(a) An employee who has worked for at least one and a half years in an office of a geographical area of class "A" or "B" shall be transferred to an office of a geographical area of class "D" or "C" for at least two years.

(b) An employee who has worked for at least two years in an office of a geographical area of class "C" or "D" shall be transferred to an office of a geographical area of class "B" or "A" for at least two years. Explanation: For the purpose of this section, "one year" means a period of at least two hundred and thirty-three days of attendance.

(4) Notwithstanding anything contained in sub-section (3), in the following circumstances, a civil servant may be transferred before the expiry of the period specified in his/her transfer letter with the consent of the Ministry of General Administration:

(a) If a medical board designated by the Government of Nepal recommends that a civil servant working at a place has become incapacitated and his/her treatment cannot be provided at that place,

(b) If it is necessary to assign special responsibility to a civil servant,

(c) If it is necessary to take departmental action against a civil servant,

(d) If it is not appropriate to keep a civil servant in the office where he/she is working,

(e) If a post of the civil service is abolished and the employee working in that post becomes surplus and cannot be adjusted in any other office located in the same district,

(f) To effect a home district transfer for Non-Gazetted civil servants.
Civil Service Act, 1993

Added by the Third Amendment.Provided that, no employee who has been recommended by the Public Service Commission or Promotion Committee for a Non-Gazetted post, or whose first posting to a Gazetted post has been made on the recommendation of the Public Service Commission or Promotion Committee, shall be transferred before the expiry of the period under sub-section (3) from the office where he/she was first posted.

(5) While making transfers pursuant to this section, if both husband and wife are in government service, they shall, as far as possible, be sent to the same district considering vacant posts for employees working in the Non-Gazetted class of the civil service.

(6) If there is no office with a post of the concerned service, group or sub-group in the geographical area to which transfer is required to be made under sub-section (3), or if the service period of the employee working in the post of the office of the geographical area to which transfer is to be made has not been completed, the transfer may be made to an office in the geographical area next in the order of transfer.

(7) Notwithstanding anything contained elsewhere in this section, a Non-Gazetted civil servant appointed after the commencement of this sub-section shall not be transferred outside the zone for which he/she was recommended by the Public Service Commission, except to offices within that zone, Amended by the Fourth Amendment. for five years. Added by the Third Amendment.Provided that, an employee recommended for a Non-Gazetted First Class post may, after serving the period under sub-section (3) in the office for which he/she was recommended, be transferred within that development region.

(8) If a civil servant is transferred before the expiry of the period under this section due to circumstances other than those mentioned in clause (c) of sub-section (4), such employee shall be given an amount as prescribed for setting up at the new place.
Civil Service Act, 1993

Provided that, no such amount shall be given if the transfer is made at the employee's own request, or if the transfer is from one agency within the Kathmandu Valley to another agency within the Kathmandu Valley, or from one office within the district headquarters of the same district to another office within the district headquarters of that district, or if the transfer is for a post whose term is not specified.

(9) Notwithstanding anything contained elsewhere in this Act, if an employee on study leave, or under automatic suspension, or on any other leave for a period exceeding six months, or detailed on deputation for a period exceeding three months, or detailed for specific work or for implementing a specific project, holds the post of a district level office or holds the post of Office Chief or Departmental Head, the post of such employee may be shifted to a central level agency for the duration of that period, by creating a special post after obtaining the consent of the Ministry of General Administration.

(10) Notwithstanding anything contained in clauses (a) and (b) of sub-section (3), the Ministry of General Administration may transfer a civil servant of a Ministry and its subordinate Department or office to another Ministry and its subordinate Department or office. Amended by the Third Amendment.(11) Notwithstanding anything contained in sub-section (4), except in the circumstances of clauses (c), (d) or (e) of that sub-section, a Non-Gazetted or classless employee shall not be transferred before the completion of the period under sub-section (3) without a voluntary application submitted by the concerned employee himself/herself.

(12) The Appointing Authority shall take departmental action against the officer making a transfer contrary to this section, and the Ministry of General Administration shall cancel such transfer. If the transfer is made by the Ministry of General Administration, the Government of Nepal, Cabinet, shall cancel it.

(13) Other arrangements relating to transfer shall be as prescribed. Added by the First Amendment.18A. Provision Relating to Deputation: (1) A civil servant may be detailed on deputation to another place only for the work of the same entity from the Ministry, Secretariat, Commission, Department or office where he/she is working. While detailing on deputation in this manner, he/she shall not be detailed on deputation for a period exceeding three months in one year. Provided that, he/she may be detailed on deputation for a longer period for training, seminar, etc.
Civil Service Act, 1993

While detailing on deputation in this manner, he/she shall not be detailed on deputation for a period exceeding three months in one year. Provided that, he/she may be detailed on deputation for a longer period for training, seminar, etc. Amended by the Second Amendment.(2) When detailing any civil servant on deputation to an entity that is not a post of the civil service and to an approved temporary post, or when recalling from deputation before the expiry of the deputation period, the consent of the Ministry of General Administration shall be obtained. The period of such deputation shall not exceed one year at a time. Provided that, it shall not be necessary to obtain the consent of the Ministry of General Administration for detailing a Non-Gazetted employee on deputation. Added by the Second Amendment.(2A) If it is necessary to detail an employee on deputation for up to one year at a time for work such as election, census, survey teams, mineral survey, and for work of commissions and committees of a permanent nature, the deputing agency shall obtain the consent of the concerned agency and the Ministry of General Administration and detail on deputation. Added by the Second Amendment.(2B) Notwithstanding anything contained elsewhere in this section, an employee working as the Departmental Head or Office Chief of any office shall not be detailed on deputation to another project or agency while retaining the post of that position. Added by the Second Amendment.(2C) Notwithstanding anything contained elsewhere in this section, the Ministry of General Administration may detail an employee having a post in the additional group

(3) A special post shall be automatically created for promotion pursuant to sub-section (1) or (2), and such post shall be automatically abolished after the civil servant retires from service. Added by the Second Amendment. (4) Notwithstanding anything elsewhere written in this section, if a civil servant who has completed the period pursuant to this section in the same post dies, the family of such employee shall be provided with facilities including pension of a post one grade higher. Added by the Second Amendment. (5) Notwithstanding anything elsewhere written in this section, if a civil servant of the first class gazetted and second class gazetted who has served in the same post for at least fifteen years wishes to retire upon promotion, such employee shall be promoted to one grade higher and retired. 21.
Civil Service Act, 1993

21. Minimum Service Period and Educational Qualification Required to be a Candidate for Promotion: Added by the Second Amendment. (1) To be a candidate for promotion, one must have the educational qualification prescribed for the post one grade lower than the grade of the post for promotion and the minimum service period as follows:

(a) For a non-gazetted post, three years,

(b) For a gazetted post, five years.

(2) Notwithstanding anything written in sub-section (1), Added by the Second Amendment. civil servants who are women, indigenous/nationalities, Madhesi, Dalit, persons with disabilities, and those having permanent residence in backward areas shall be potential candidates for promotion even if their service period is one year less than the specified service period. 22. Ineligibility to be a Potential Candidate for Promotion: Notwithstanding anything written in section 21, a civil servant shall not be a potential candidate for promotion under the following circumstances for the following periods:

(a) If suspended, for the duration of the suspension,

(b) If promotion is withheld, for the duration of the withholding,

(c) If salary increment is withheld, for the duration of the withholding. Added by the Second Amendment. (d) If an employee has changed service or group pursuant to section 26, for a period of three years from the date of such service or group change, and if the service or group change was made upon own application, for a period of five years from the date of such service or group change. Added by the First Amendment. 22a. Withholding and Revocation of Promotion Appointment: If, after a civil servant has been recommended for promotion but before receiving the promotion appointment, the employee is suspended or promotion is withheld or salary increment is withheld, the promotion appointment of such employee shall be withheld for the said period; and if the employee is acquitted from suspension or after the withholding period ends, the employee shall be considered as not suspended or withheld and appointment shall be granted, with seniority only being maintained. Repealed by the First Amendment. 23. Amended by the Second Amendment. 24.
Civil Service Act, 1993

Repealed by the First Amendment. 23. Amended by the Second Amendment. 24. Basis for Promotion Based on Work Performance: (1) The Promotion Committee shall recommend for promotion based on the total marks obtained by a civil servant for work performance.

(2) When evaluating the work performance of a civil servant, a maximum of one hundred marks shall be given as follows:

(a) For performance evaluation — forty marks

(b) For seniority — thirty marks

(c) For educational qualification — twelve marks

(d) For working in geographical areas — sixteen marks

(e) For training — two marks

(3) When calculating marks for performance evaluation of a potential candidate, the calculation shall be made based on the account up to the end of Ashadh month, and for calculation of other marks, the marks obtained up to the final deadline for submitting the promotion application shall be calculated. Added by the First Amendment. 24a. Performance Evaluation: (1) For evaluating the performance of a civil servant, a performance evaluation form as prescribed shall be used.

(2) The division of total marks for the performance evaluation of a civil servant shall be as follows:

(a) Maximum twenty-five marks that the supervisor may give

(b) Maximum ten marks that the reviewer may give

(c) Maximum five marks that the review committee may give

(3) The supervisor, reviewer, and review committee, when awarding marks for the performance of civil servants, must do so in accordance with the basis mentioned in this section and the performance evaluation form. Amended by the Second Amendment. (4) The performance evaluation of a gazetted civil servant shall be done semi-annually and annually, and for non-gazetted employees, annually. Amended by the Second Amendment. (5) When conducting a performance evaluation semi-annually pursuant to sub-section (4), within seven days of the end of that period, the concerned gazetted employee shall fill in two copies of the form in the prescribed format, stating the assigned tasks, completed tasks, any tasks not completed and the reasons therefor, and submit them to the supervisor. The supervisor, after evaluation, must provide feedback, mentioning it in the designated place on the form, and return one copy to the concerned employee within another seven days. When conducting an annual performance evaluation, the basis of each semi-annual performance evaluation form filled shall also be taken. The authority may initiate departmental action against an employee who does not fill the semi-annual performance evaluation form within the specified time and a supervisor who does not check it and provide feedback.
Civil Service Act, 1993

The authority may initiate departmental action against an employee who does not fill the semi-annual performance evaluation form within the specified time and a supervisor who does not check it and provide feedback. Amended by the Second Amendment. (6) In the case of non-gazetted employees whose performance evaluation is to be done annually, the concerned office chief and departmental chief shall conduct or cause to be conducted the evaluation within the prescribed period, prepare three copies thereof, send one copy to the Public Service Commission, one copy to the secretariat of the Promotion Committee, and keep another copy in the concerned office. If an employee who has worked in more than one office in a year is transferred and comes with clearance, the employee must obtain a performance evaluation form filled by the concerned supervisor in the prescribed format and bring it along. The supervisor conducting the annual performance evaluation must also take into account the evaluation of the supervisor of the previous office so obtained. In the case of a gazetted civil servant, the secretary of the concerned ministry, secretariat, commission, or central body shall conduct or cause to be conducted the evaluation within the prescribed period, prepare three copies thereof, send one copy to the Public Service Commission and one copy to the secretariat of the Promotion Committee, and keep another copy in the concerned ministry, secretariat, commission, or central body. Each body conducting performance evaluation must, within seven days, publish on the notice board of its office a notice with the list of names for whom it has sent the evaluated form to the body where the form must be submitted within the prescribed period. Added by the Second Amendment. (6a) Every civil servant must fill in their performance evaluation form and register it in the concerned office within the prescribed time limit. If unable to register within such period, the concerned employee may submit an application for extension with a reasonable cause, and if the supervisor finds the cause mentioned in the application reasonable, an extension of up to fifteen days from the date of expiry of the prescribed time limit may be granted. If the performance evaluation form is registered within that extended period but within the same fiscal year, the review committee shall deduct one mark from the total marks obtained for evaluation. Provided that if a civil servant has to go on official duty for foreign training, seminar, study tour, etc., during the period for filling the performance evaluation form, the employee must fill in and register the performance evaluation form in the concerned office before such departure.
Civil Service Act, 1993

Provided that if a civil servant has to go on official duty for foreign training, seminar, study tour, etc., during the period for filling the performance evaluation form, the employee must fill in and register the performance evaluation form in the concerned office before such departure. The performance evaluation form so registered shall be considered as registered within the stipulated time and shall be evaluated accordingly. Added by the Second Amendment. (6b) Departmental action shall be taken against the officer who fails to evaluate within the prescribed period the performance evaluation form duly filled and registered by the civil servant in time. Added by the Second Amendment. (6c) After the annual performance evaluation conducted each year has been completed by the review committee, the secretariat of the review committee must inform the concerned employee of the total marks obtained in the performance evaluation for that year if the employee requests by application. Provided that the marks given by the review committee shall not be disclosed. Added by the Second Amendment. (6d) If any employee is not satisfied with the evaluation made by the supervisor and the reviewer after obtaining information pursuant to sub-section (6c), the employee may lodge a complaint with the officer as prescribed within seven days, stating concrete grounds and reasons therefor. Upon such complaint, the said officer shall consult with the concerned supervisor and reviewer and conduct necessary investigation, and if considered necessary, may amend the marks obtained in such evaluation form as prescribed.

(7) If the supervisor or reviewer gives more than 95 percent or less than 75 percent marks for the annual performance evaluation, the clear reason therefor must be stated, and if less than 75 percent marks are given, the concerned employee must be informed, and if the employee provides feedback, that shall also be kept and submitted to the review committee. If the review committee is not satisfied with the evaluation of the supervisor or reviewer or both in the performance evaluation, it may return it stating clear reasons therefor. Upon such return, the concerned evaluator must re-evaluate or, if no amendment to the previous evaluation is necessary, send it back with a justifiable reason.

(8) For the purpose of performance evaluation, when calculating marks, the calculation shall be made based on the average of the performance evaluation forms of the most recent years equal to the number of years of service required to be a potential candidate for promotion.
Civil Service Act, 1993

Provided that,

Amended by the Second Amendment. (1) In case of going on study or training or being suspended and the suspension is revoked, if a performance evaluation is available for the period immediately prior to such study or training or suspension, the marks for that year shall be calculated, and if no such performance evaluation is available, the marks obtained in the performance evaluation filled after rejoining shall be calculated in the same proportion. Amended by the Second Amendment. (2) The period spent on extraordinary leave shall be deducted and only then shall the potential candidacy be calculated, and no performance evaluation form shall be filled for such leave period. When calculating marks for the purpose of performance evaluation of an employee who has taken extraordinary leave, the period of extraordinary leave shall be deducted, and the marks for the performance evaluation of the years before or after such period required for promotion shall be calculated. Removed by the Second Amendment. (9)

(10) Other provisions relating to performance evaluation shall be as prescribed. Amended by the Second Amendment. 24b. Evaluation of Seniority: When awarding marks for seniority to a civil servant, for working in the currently held grade as follows, a maximum of thirty marks shall be given at the following rates:

(a) For working in posts of non-gazetted third and second class, at the rate of 3.75 marks per year,

(b) For working in a post of non-gazetted first class, at the rate of 3 marks per year,

(c) For working in posts of gazetted third and second class, at the rate of 2.5 marks per year. Provided that,

(1) When calculating marks for seniority, for months or days exceeding one year, marks shall be given on a pro rata basis.

(2) For the purpose of this section, no marks shall be given for the period of absence or extraordinary leave. Amended by the Second Amendment. 24c.
Civil Service Act, 1993

Provided that,

(1) When calculating marks for seniority, for months or days exceeding one year, marks shall be given on a pro rata basis.

(2) For the purpose of this section, no marks shall be given for the period of absence or extraordinary leave. Amended by the Second Amendment. 24c. Classification of Geographical Areas: (1) When awarding marks for the experience of working in various geographical areas to a civil servant, the various geographical areas of the country shall be classified into four categories, namely "Ka", "Kha", "Ga", and "Gha", and for experience of working in one or more of these categories in the following posts, marks shall be given as follows, not exceeding sixteen marks:

(a) For posts of non-gazetted third and second class,-
(1) For each year worked in category "Ka", at the rate of 4.00 marks,
(2) For each year worked in category "Kha", at the rate of 3.25 marks,
(3) For each year worked in category "Ga", at the rate of 2.50 marks,
(4) For each year worked in category "Gha", at the rate of 2.00 marks.

(b) For posts of non-gazetted first class,-
(1) For each year worked in category "Ka", at the rate of 4.00 marks,
(2) For each year worked in category "Kha", at the rate of 3.25 marks,
(3) For each year worked in category "Ga", at the rate of 2.50 marks,
(4) For each year worked in category "Gha", at the rate of 1.50 marks.

(c) For posts of gazetted third and second class,-
(1) For each year worked in category "Ka", at the rate of 4.00 marks,
(2) For each year worked in category "Kha", at the rate of 3.25 marks,
(3) For each year worked in category "Ga", at the rate of 2.50 marks,
(4) For each year worked in category "Gha", at the rate of 1.25 marks.

(2) Notwithstanding anything written in sub-section (1), the marks already obtained by an employee for geographical areas at the time of commencement of this section shall not be reduced.

(3) For the purpose of sub-section (1), the details of the various geographical areas shall be as prescribed.

(4) If an employee has not been present and reported for duty for at least two hundred thirty-three days in a particular geographical area, marks for that geographical area shall not be obtained. For a period exceeding two hundred thirty-three days, marks for that same geographical area shall be given on a pro rata basis, and for a period less than that, regardless of which geographical area the employee worked in, marks equivalent to category "Gha" shall be given.
Civil Service Act, 1993

For a period exceeding two hundred thirty-three days, marks for that same geographical area shall be given on a pro rata basis, and for a period less than that, regardless of which geographical area the employee worked in, marks equivalent to category "Gha" shall be given. The marks for working in a geographical area shall be calculated only if obtained while serving in a post one grade lower than the grade for which promotion is to be made.

(5) An employee working in a Nepali diplomatic mission or any other office abroad shall be given marks equivalent to category "Gha", and a civil servant going on study leave or foreign training on official duty shall be given half the marks prescribed for category "Gha". Added by the First Amendment. 24d. Evaluation of Educational Qualification and Training: Amended by the Third Amendment. (1) When awarding marks for educational qualification to a civil servant, a lump sum of nine marks shall be given for the minimum educational qualification required to enter any post in the civil service, and a lump sum of three marks shall be given for one additional educational degree in a subject related to the service, group, or sub-group higher than the minimum educational qualification prescribed for service entry. Even if only a higher educational degree than the minimum educational qualification required for service entry is obtained, both marks of the same value shall be given. Removed by the Second Amendment. (2)

Amended by the Second Amendment. (3) Except for the minimum educational qualification determined for the posts of gazetted second and first class to be filled by open competition pursuant to clauses (cha) and (ja) of sub-section (1) of section 7, for promotion to a post higher than gazetted second class, the minimum educational qualification determined for service entry into gazetted third class shall also be considered the minimum educational qualification. Removed by the Second Amendment. (4)

Amended by the Second Amendment. (5) For in-service training, 2 marks shall be given for first class, 1.75 marks for second class, and 1.5 marks for third class.

(6) When awarding marks for training to a civil servant, marks shall be given for in-service training on a subject related to the service of a duration of one month or more. When calculating marks for training, the marks for the grade in which the employee was nominated for training shall be calculated only for that grade. Added by the Second Amendment. Explanation: "One month training" means training related to service of a duration of thirty working days or more.

(7) A civil servant must submit certified copies of educational qualification and in-service training. If not submitted, marks therefor shall not be given.
Civil Service Act, 1993

Added by the Second Amendment. Explanation: "One month training" means training related to service of a duration of thirty working days or more.

(7) A civil servant must submit certified copies of educational qualification and in-service training. If not submitted, marks therefor shall not be given. Added by the Second Amendment. (8) Whether the educational qualification submitted with the application for promotion purposes by a civil servant is related to that service, group, or sub-group shall be decided by the relevant determination committee as prescribed. If the determination of the relevance of the educational qualification submitted with the application for promotion purposes is made by a date prior to the meeting of the Promotion Committee, the marks for such educational qualification shall be calculated for promotion. Added by the Second Amendment. (9) Subject to this section, the provisions regarding the training institution and the level of training shall be as prescribed by the Ministry of General Administration in coordination with the ministry operating the service, group, or sub-group. Repealed by the Third Amendment effective from Chaitra 29, 2070. 24d1. Added by the Third Amendment. 24d1a. Promotion by Seniority and Performance Evaluation: (1) Notwithstanding anything written elsewhere in this Act, when the Promotion Committee recommends for promotion based on seniority and performance evaluation, the candidate with the longest service period in the post one grade lower than the post for promotion shall be recommended for promotion on the following basis:

(a) Having obtained ninety-five percent or more marks in the average of the performance evaluation of the most recent years equal to the number of years of service required to be a potential candidate for promotion,

(b) For a non-gazetted first class post, having at least S.L.C. or equivalent educational qualification,

(c) For a gazetted post, having the following qualifications:

(1) For gazetted second class or higher posts, having at least a bachelor's degree or equivalent in a subject related to the concerned service, group, or sub-group, and for gazetted third class posts, having at least a certificate level or equivalent in a subject related to the concerned service, group, or sub-group,

(2) Having undergone in-service training of one month or more in a subject related to the concerned service, group, or sub-group while serving in a post one grade lower than the post for promotion,

(3) Having obtained full marks for working in a geographical area in the currently held grade pursuant to section 24c.
Civil Service Act, 1993

Provided that if there is no potential candidate who has obtained full marks for working in a geographical area, or if the number of potential candidates is insufficient for the identified vacant posts, then an employee who has not obtained full marks for working in a geographical area may also be considered a potential candidate and promoted to such post.

(2) Notwithstanding anything written in sub-section (1), when the Promotion Committee recommends for promotion based on seniority and performance evaluation pursuant to clause (gha) of sub-section (1) of section 7, the recommendation for promotion shall be made on the following basis:

(a) Having obtained ninety-five percent or more marks in the average of the performance evaluation of the last three years,

(b) Having obtained the minimum educational qualification prescribed for non-gazetted second class of the concerned service, group, or sub-group, and

(c) For candidates recruited in a non-classified post or a non-gazetted fifth class post, having a total service period of at least twenty years, counting also the service period in the non-classified post, and having the longest service period among such candidates.

(3) If a potential candidate as per the proviso to sub-clause (3) of clause (c) of sub-section (1) is promoted, the seniority of such employee shall be fixed after other employees promoted pursuant to that sub-section.

(4) When making promotions pursuant to this Act, after completing the promotion process pursuant to this section and making recommendations, recommendations for promotion by performance evaluation shall be made. Added by the Third Amendment. 24d1b.
Civil Service Act, 1993

Added by the Third Amendment. 24d1b. Provisions Relating to Adjustment of Employees Promoted through Evaluation of Performance and Experience: (1) For the adjustment of employees promoted through evaluation of performance and experience before the commencement of this section, the ministry operating the service, group, or sub-group shall create bridge posts in the concerned ministry, secretariat, or commission within one month from the date of commencement of this section and adjust and post the employees thus promoted or to be promoted to such posts.

(2) For the adjustment of employees for whom applications have been called for promotion through evaluation of performance and experience before the commencement of this section and who are yet to receive promotion appointment, and employees who will be promoted through evaluation of performance and experience within one year from the date of commencement of this section after applications are called, the ministry operating the service, group, or sub-group shall create bridge posts in the concerned ministry, secretariat, or commission and adjust and post the employees thus promoted or to be promoted to such posts.

(3) Notwithstanding anything written in sub-sections (1) and (2), if the employees thus promoted or to be promoted are working in a body that does not have a civil service post, bridge posts shall be created in the body having a post for such employee and the employee shall be adjusted and posted to such post.

(4) After adjustment and posting pursuant to sub-sections (1), (2), and (3), the post held by them prior to promotion shall be automatically abolished.

(5) Within two months of adjustment and posting pursuant to sub-sections (1), (2), and (3), the concerned ministry, secretariat, or commission shall review the existing organizational structure and posts, determine the level upgradation and additional posts required for the adjustment of employees promoted or to be promoted through evaluation of performance and experience, and send the same to the Ministry of General Administration for approval.
Civil Service Act, 1993

The details so sent shall include the existing posts, details of employees promoted or to be promoted through evaluation of performance and experience, and details of posts that can be adjusted after restructuring.

(6) After receiving the details pursuant to sub-section (5), the Ministry of General Administration shall analyze them and approve the posts deemed appropriate within one month.

(7) After posts are approved pursuant to sub-section (6), the revised post details shall be updated from the Civil Book Office.

(8) After the post details are updated from the Civil Book Office pursuant to sub-section (7), the ministry operating the service, group, and sub-group shall cause the determination of the order of preference and choice of employees falling in the higher merit order from among the merit list prepared pursuant to sub-section (9) and post them to the posts approved pursuant to sub-section (6).

(9) For the purpose of sub-section (8), the ministry operating the service, group, or sub-group shall prepare and maintain a merit list of employees promoted through evaluation of performance and experience in the concerned service, group, or sub-group. While preparing such merit list, it shall be prepared on the following basis:

(a) Based on the date on which seniority became applicable in the currently held grade post,

(b) If seniority is not determined under clause (a), based on the date of the decision of appointment or promotion to a post one grade lower,

(c) If seniority is not determined under clauses (a) and (b), based on the merit order of the recommendation of the Public Service Commission or Promotion Committee for a post one grade lower,

(d) If seniority is not determined under clauses (a), (b), and (c), based on age seniority.

(10) After posting pursuant to sub-section (8), such bridge posts shall be automatically abolished.

(11) Notwithstanding anything written elsewhere in this Act, employees in bridge posts pursuant to sub-sections (1), (2), and (3) shall not be transferred elsewhere until posted pursuant to sub-section (8).

(12) Notwithstanding anything written elsewhere in this Act, no employee shall be transferred or assigned on official duty elsewhere without completing the period pursuant to sub-section (3) of section 18 in the office where posted pursuant to sub-section (8).
Civil Service Act, 1993

Provided that there shall be no bar to transferring or assigning on official duty to a vacant post pursuant to this section employees who have received additional financial assistance from the Government of Nepal, those recommended as ill by a Medical Board constituted by the Government of Nepal, those who have obtained disability certificates of category "Ka" and "Kha", employees who wish to go to local bodies and other remote places after posting, employees suffering from serious diseases, employees residing in accessible areas for treatment of serious illness of spouse, employees in special circumstances, women who are menstruating, pregnant, or unable to go elsewhere due to domestic reasons, and employees with two years or less remaining for retirement, with the consent of the Ministry of General Administration.

(13) Notwithstanding anything written elsewhere in this section, the adjustment and posting pursuant to this section shall not adversely affect the provision of filling vacancies other than the posts created pursuant to this section under sub-section (1) of section 7. Added by the Second Amendment. 24d. Provisions Relating to Level Upgradation of Non-Classified Employees: (1) The levels of non-classified posts shall be as follows:

(a) First Level

(b) Second Level

(c) Third Level

(d) Fourth Level

(e) Fifth Level

(2) A civil servant initially appointed to a non-classified post shall have the first level.

(3) For a non-classified employee who has no record of punishment pursuant to section 18d, the authority shall upgrade the level as follows:

(a) For those with a service period of five years or more but less than ten years, to the second level,

(b) For those with a service period of ten years or more but less than fifteen years, to the third level,

(c) For those with a service period of fifteen years or more but less than twenty years, to the fourth level,

(d) For those with a service period of twenty years or more, to the fifth level.

(4) The salary scale according to the level under sub-section (3) shall be as prescribed by the Government of Nepal.

(5) Other provisions relating to level upgradation shall be as prescribed. Amended by the Second Amendment. 24e. Maintenance of Personal Details: (1) The responsibility for maintaining accurate personal details of a civil servant working in the office where the employee is posted shall lie with the concerned departmental chief or office chief.
Civil Service Act, 1993

Amended by the Second Amendment. 24e. Maintenance of Personal Details: (1) The responsibility for maintaining accurate personal details of a civil servant working in the office where the employee is posted shall lie with the concerned departmental chief or office chief. The duty of updating or causing to be updated one's personal details shall lie with the concerned employee.

(2) If a civil servant who has become a potential candidate for promotion is abroad for government work, study, or official duty, or is unable to submit the application form due to natural calamity or circumstances beyond control, the concerned departmental chief or office chief shall send the details of such employee within the deadline of the promotion notice to the office publishing the promotion notice. The Promotion Committee shall finalize the promotion proceedings based on the details so sent.

(3) If it is proved that a candidate submitted false details while filling the promotion application form, such candidate shall be subjected to departmental punishment. Added by the First Amendment. 24f. Appeal Regarding Promotion: (1) A concerned civil servant who is not satisfied with the promotion recommendation made by the Promotion Committee pursuant to section 20 may file an appeal with the Public Service Commission within thirty-five days from the date of such recommendation, and such appeal so filed shall be settled within sixty days from the date the appeal filing deadline expires.

(2) After the appeals filed pursuant to sub-section (1) are settled, if the previously published promotion list needs to be amended, the officer hearing the appeal shall give notice thereof to the Promotion Committee.

(3) If, during investigation of an appeal pursuant to sub-section (1), it is found that a wilfully erroneous evaluation was made, the Public Service Commission may warn the evaluator.

(4) If an appeal filed pursuant to sub-section (1) is found to be false, in the promotion subsequent to the appeal, 2 marks shall be deducted if it is the first appeal of such appellant, and 3 marks shall be deducted if it is the second appeal.

(5) Notice of the action taken pursuant to sub-section (3) or (4) shall be sent to the concerned employee, the secretariat of the Promotion Committee, and the office where the concerned employee is working.

(6) Other provisions relating to appeals regarding promotion shall be as prescribed. 25. Amendment of Conditions for Promotion: When making any amendment to sections 21, 22, Amended by the First Amendment. 24, 24a, 24b, 24c, 24d, or the rules made thereunder, provision shall be made so that such amendment shall come into effect only from the date one year after such amendment. Amended by the Second Amendment. 26.