Remuneration, Conditions of Service and Facilities of Officials of Constitutional Bodies Act, 1997

Only if Sick Leave is not available, he/she may claim other leave.

(10) Details of medical expenses received by a functionary of a constitutional body under this Section shall be kept in the leave records and personal records of such functionary of a constitutional body. 18. Pension or Gratuity: (1) After a person appointed to the position of a functionary of a constitutional body retires from that position, he/she shall receive pension or gratuity as follows:-

(a) If he/she has completed a service period of ten years in the position of a functionary of a constitutional body, a monthly pension equivalent to sixty-six percent of his/her monthly remuneration.
(b) If a person who is serving or has served in a constitutional position or in the service of the Government of Nepal is appointed to the position of a functionary of a constitutional body and retires from service, and if the period of service rendered previously and the period of service rendered in the position of a functionary of a constitutional body together total twenty years or more of service, he/she may choose either the monthly pension as per Clause (a) or the monthly pension calculated as follows:-

Total Service Years × Monthly Remuneration
50

Explanation: For the purposes of this Clause, "period of service rendered in government service" means the period of service worked in any position appointed pursuant to law by the Government of Nepal or by an organized institution receiving grants from the Government of Nepal, entitling the person to receive a pension.

(c) If, upon calculation according to Clause (a) or (b), the service period of the functionary of a constitutional body does not reach ten or twenty years, he/she shall receive a lump sum gratuity amount equivalent to the amount calculated by multiplying the number of completed years of service by his/her one and a half month's remuneration.

(2) For the purpose of calculating the pension period under Clause (a) of Sub-section (1), when calculating the period worked in the position of Chief Functionary or Functionary, or both, half of the total period worked in a constitutional position or in a government service position, or both, shall be added.

(3) If a person who has already received gratuity for service in a constitutional position or in the service of the Government of Nepal is appointed to the position of a functionary of a constitutional body, the period of service rendered previously shall be counted for the purpose of pension only if he/she repays the entire amount of gratuity received previously within one year of such appointment.

(4) The amount of gratuity receivable by a functionary of a constitutional body under this Section shall not exceed the amount of his/her twelve months' remuneration.

(5) When the remuneration of a functionary of a constitutional body is increased, two-thirds of the amount of increase in the customary remuneration shall also be added to the pension amount of the functionary of a constitutional body who is receiving a pension.

(6) If a person receiving a pension for service in a constitutional position or in the service of the Government of Nepal is appointed to the position of a functionary of a constitutional body and is also entitled to receive a pension under this Act, he/she may choose either the pension he/she was previously receiving or the pension receivable under this Act.

(7) Notwithstanding anything written in the above Sub-sections, a functionary of a constitutional body removed from the position on grounds of lack of competence, bad conduct, or failure to honestly perform his/her official duties, shall not be entitled to the facility of pension or gratuity under this Act.