Good Governance (Management and Operation) Act, 2008

11. Responsibility of Secretary: (1) The Secretary shall be the principal administrative officer of the concerned ministry or constitutional body or office at the central level, and in that capacity, he/she shall perform necessary functions to discharge his/her responsibility.

(2) Without prejudice to the generality of sub-section (1), in addition to the functions, duties and powers provided in this Act or other prevailing law, the other functions, duties and powers of the Secretary shall be as follows:-

(a) To assist the concerned Minister regarding policies to be formulated by the Government of Nepal,

(b) Subject to the direction and supervision of the concerned Minister, to perform the functions of the ministry or constitutional body or office at the central level in which he/she is posted,

(c) If any improvement is required in policy matters under the ministry or constitutional body or office at the central level in which he/she is posted, to submit a proposal thereof to the concerned Minister,

(d) To manage the ministry or constitutional body or office at the central level in which he/she is posted, conduct daily functions, control and supervise employees,

(e) To exercise necessary supervision or control over the work and activities of departments, offices or other bodies under the ministry or constitutional body or office at the central level in which he/she is posted, and give directions as necessary,

(f) To implement or cause to be implemented policies and programs approved by the Government of Nepal,

(g) To submit a report of the work performed each month by the ministry or constitutional body or office at the central level in which he/she is posted and other bodies related thereto to the Office of the Prime Minister and Council of Ministers as prescribed,

(h) To prepare the annual program of the ministry or constitutional body or office at the central level and submit it to the Minister, and to implement, monitor and evaluate the approved program as well as conduct progress review or cause to be conducted,

(i) To prepare an annual report on the major work and activities performed during the year by the ministry or constitutional body or office at the central level and submit it to the Minister,

(j) To transfer, post or depute employees of the ministry or constitutional body or office at the central level in which he/she is posted or of its subordinate bodies up to the class II gazetted level,

Provided that the provision relating to transfer of employees working in one ministry or constitutional body or office at the central level or other body or department or office thereunder to another ministry or constitutional body or office at the central level or body or department or office thereunder shall be according to the prevailing law.

(k) To nominate employees up to the class II gazetted level on behalf of the Government of Nepal for foreign study, training, study tour or visit abroad in connection with other government work, and approve foreign travel leave,

(l) To implement or cause to be implemented the decisions made by the Government of Nepal (Council of Ministers) relating to the ministry or constitutional body or office at the central level in which he/she is posted, and to supervise the implementation status of such decisions,

(m) To implement or cause to be implemented the decisions made in the secretary meeting,

(n) To award, on the basis prescribed, an additional up to three grades or a lump sum reward of up to five thousand rupees at one time to an employee performing extremely excellent and commendable work, mentioning the detailed description of the work done by him/her,

(o) To inspect from time to time the projects operated by the head of department or project head under the ministry or constitutional body or office at the central level or its subordinate bodies, and give necessary directions,

(p) If, during inspection pursuant to clause (n), it is found that the operated projects could not be completed in time or the quality of the completed project is found to be low, to make necessary inquiry and take necessary action against the concerned head of department or project head found at fault,

(q) To exercise or cause to be exercised the functions, duties and powers as prescribed.

(3) The Secretary shall immediately inform the concerned Minister about the work done pursuant to clauses (j) and (k) of sub-section (2).

(4) In respect of the functions mentioned in sub-section (2), the Secretary shall be responsible to the Government of Nepal, and it shall be his/her responsibility and duty to provide updated information on any matter requested by the Government of Nepal relating to the ministry or constitutional body or office at the central level in which he/she is posted.