1.11 Provisions of Civil Service Act and Regulation

1.11 Provisions of Civil Service Act and Regulation Relating to Constitution of Civil Service, Organizational Structure, Posts of Service, Fulfillment of Vacancy and Code of Conduct 📜⚖️

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🏛️ Civil Service in Nepal

Modern history of civil service in Nepal started after the establishment of democracy in 2007 B.S. Afterwards, the following developments occurred:

Year (B.S.)	Event
2009	Buch Committee formed for administrative reform; recommended institutional system of Civil Service Act.
2013	Administrative Reorganization Planning Commission recommended formulation of Civil Service Act & Rules.
2013	Civil Service Act enacted for the first time.
2025	Administrative Reform Commission (Bedananda Jha) recommended reforms & integrated civil service.
2032	Administrative Reform Commission (Bhekh Bahadur Thapa).
2048	High-Level Administrative Reform Commission (PM Girija Prasad Koirala).
2049	Civil Service Act, 2049 & Rules, 2050 enacted based on 2048 Commission recommendations.
Post-2049	Democratization of Civil Service began; civil servants allowed professional associations.
2055	First amendment to Civil Service Act: Provided trade union rights to gazette third class & below.
2064	Second amendment: Made civil service inclusive, gender-friendly, client-oriented.
2061 onwards	Civil Service Day celebrated every Bhadra 22 (anniversary of Civil Service Act endorsement).

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📜 Amendment of Civil Service Act - 2049

Amendment	Year (B.S.)	Key Provisions
First	2055	Trade union rights for gazette third class & below.
Second	2064	Reservation for women & marginalized groups; inclusive provisions.
Third	2070	Provisions for post-filling, promotion, reposting, perks.
Fourth	2072	Prohibits civil servants from acquiring foreign permanent residency via Diversity Visa (DV).

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📄 Act Metadata

• Date of Authentication & Publication: 2050-02-04

• Number of Chapters: 10

• Number of Sections: 76

• Amendments:

  1. 2055-03-29

  2. 2064-04-23

  3. 2070-12-12

  4. 2072-03-29

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🧾 Preamble

“An Act Made to Provide for the Constitution, Operation and Conditions of Service of the Civil Service. Whereas, it is expedient to make provisions on the constitution, operation and conditions of service of the civil service in order to make the civil service more competent, vigorous, service-oriented and responsible.”

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📑 Chapter 2: Constitution of Civil Service

Section 3: Constitution of Civil Service

Government of Nepal constitutes the civil services as follows:

Services
(a) Nepal Economic Planning and Statistics Service
(b) Nepal Engineering Service
(c) Nepal Agricultural Service
(d) Nepal Judicial Service
(d1) Nepal Foreign Service
(e) Nepal Administration Service
(e1) Nepal Audit Service
(f) Nepal Forestry Service
(g) Nepal Miscellaneous Service
(h) Nepal Education Service

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Section 4: Classes

Classes of civil service (in descending order):

1. Gazette Special Class

2. Gazette First Class

3. Gazette Second Class

4. Gazette Third Class

5. Non-Gazette First Class

6. Non-Gazette Second Class

7. Non-Gazette Third Class

8. Non-Gazette Fourth Class

9. Classless / Fifth Class

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Section 5: Posts of Service

• There shall be technical and administrative posts, including expert posts, in different classes.

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Section 6: Groups and Sub-groups

• There may be different groups and sub-groups as prescribed.

• No service, group, or sub-group above gazette first class of other service, except in Nepal Judicial Service and Nepal Audit Service.

• Minimum qualifications for posts in groups/sub-groups shall be as prescribed.

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📋 Chapter 3: Fulfillment of Vacancy of Civil Service

Section 6A: Creation of Positions

• Ministry of General Administration submits number of positions to Council of Ministers for approval within 30 days.

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Section 7: Fulfillment of Vacancy in Civil Service

Table: Percentage-wise Fulfillment of Posts

Post	Open Competition	Promotion	Evaluation of Competency	Internal Competitive Exam	Adjustment by Work Performance
Classless / Non-gazette 5th	100%	-	-	-	-
Non-gazette 4th	-	-	-	-	-
Non-gazette 3rd	-	-	-	-	-
Non-gazette 2nd	70%	-	20%	10%	-
Non-gazette 1st	40%	20%	-	40%	-
Gazette 3rd	70%	-	-	30%	-
Gazette 2nd	10%	35%	20%	35%	-
Gazette 1st	10%	35%	20%	35%	-

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🛡️ Inclusive Reservation (45% of Open Competition Posts)

Group	Reservation %
Women	33%
Adiwasi/Janjati	27%
Madhesi	22%
Dalit	9%
Disabled (Differently Able)	5%
Backward Area	4%

Backward Areas: Acham, Kalikot, Jajarkot, Jumla, Dolpa, Bajhang, Bajura, Mugu, Humla. Review: Every 10 years. Final Authority: Public Service Commission in case of disputes.

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🎓 Minimum Qualifications for Gazette Posts

Post	Qualification	Experience
Gazette 2nd Class	Master’s in relevant subject	5 years
Gazette 1st Class	Master’s in relevant subject	7 years
Ph.D. holders: Experience requirement reduced by 2 years.

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Section 7A: Requisition for Vacancy Fulfillment

• Vacancy information must be sent to Public Service Commission within 1 month.

• Failure → Departmental action.

• Details published every Shrawan.

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💰 Salary Provision

• Salary requires salary report from:

  • Civil Employee Records Office (for Valley-based offices).

  • Treasury and Accounts Controller Office (for district-based offices).

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Section 7B: Restriction on Vacancy Fulfillment

• No post filled except as per this Act.

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Section 7C: Restriction on Appointment on Wages or Contract

• After Act commencement, no person appointed on wages/contract for civil service job.

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Section 8: Appointment on Recommendation of Public Service Commission

• Posts filled by open/internal competition → appointed on PSC recommendation.

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Section 9: Appointment to Civil Service Posts

• Government of Nepal appoints gazette posts → notification in Nepal Gazette.

• Head of Department appoints non-gazette posts.

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Section 10: Disqualifications for Being a Candidate

1. Age:

   • Non-gazette/classless: < 18 years.

   • Gazette post: < 21 years.

   • Open competition: Male ≤ 35, Female ≤ 40.

   • Gazette 2nd/1st class open competition: ≤ 45 years.

2. Dismissed from service with future disqualification.

3. Non-Nepalese citizen.

4. Convicted of criminal offence involving moral turpitude.

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Section 11: Temporary Appointment

• PSC publishes merit-based list for temporary appointments.

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Section 12: Retention of Lien

Civil employee retains lien in:

1. While functioning in post.

2. During transfer allowance period.

3. While on leave.

4. While under suspension.

5. While deputed on governmental/non-governmental business or acting capacity.

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Section 13: Acting Assignment

• If Head of Department/Office vacant or leave > 15 days → same or one lower class employee may act for max 6 months.

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Section 14: Oath

• Civil employee must swear prescribed oath before first assuming office.

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Section 15: Posting

• Based on educational qualifications, training, experience.

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Section 16: Probation Period

• Fresh appointment to permanent post:

  • Female: 6 months probation.

  • Male: 1 year probation.

• Unsatisfactory performance → appointment canceled.

• If not canceled → confirmed automatically after probation.

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Section 17: Tenure of Chief Secretary & Secretary

• Chief Secretary: 3 years.

• Secretary: 5 years.

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⚖️ Chapter 7: Code of Conduct

Section 41: Punctuality & Regularity

• Must attend office regularly; absence requires prior leave sanction.

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Section 42: Discipline & Obedience

• Perform duties with honesty, readiness, discipline.

• Expeditiously carry out superior’s orders.

• Respect superiors, treat subordinates properly.

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Section 43: Restriction on Using Political/Undue Influence

• No exertion of political/undue influence for personal interest.

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Section 44: Restriction on Taking Part in Politics

• No participation in politics.

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Section 45: Restriction on Criticizing Government

• No articles, speeches, broadcasts, statements contrary to government policy or harming Nepal’s relations with people/foreign countries.

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Section 46: Restriction on Publishing Government Business

• No disclosure of confidential matters without authorization, even after leaving service.

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Section 47: Restriction on Receiving Gifts, Donations, Borrowing

• No acceptance of gifts, donations, loans from persons related to government business without prior approval.

• Foreign gifts must be reported to Government of Nepal.

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Section 48: Restriction on Establishing/Running Companies & Trade

• No involvement in bank/company establishment/operation, registered trade/profession, or other employment without approval.

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Section 49: Restriction on Taking Part in Election

• No candidacy, vote solicitation, influence in elections.

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Section 50: Restriction on Agitation & Strike

• No agitation, strike, enticement undermining sovereignty/integrity.

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Section 51: Restriction on Strike, Detention, Gherao

• No strike, pen-down, pressure, hindrance to office/officer.

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Section 52: Restriction on Making Representation

• No representation for others except personal grievance petition.

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Section 53: Professional Organization of Civil Employees

• Gazette 3rd class & below (except office heads) may form national trade union.

• Registered in Department of Labor and Employment Promotion.

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Section 54: Statement of Property

• Each civil employee must submit property statement.

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Section 54A: Prohibition on Torture

• No torture or sexual abuse.

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Section 55A: Powers to Warn

• Supervisor may warn for unpunctuality, disobedience, recklessness, slowness.

• Record maintained in employee’s personal file.

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📅 Chapter 10: Miscellaneous

Section 71: Leave Entitlement

S.N.	Leave Category	Duration
1	Casual & Festival Leave	12 days/year (6 + 6)
2	Home Leave	30 days/year (1 day per 12 working days)
3	Maternity Leave	98 days (before & after delivery)
4	Maternity Care Leave	15 days
5	Obsequies Leave	15 days
6	Study Leave	Max 3 years (once or multiple times)
7	Extra-ordinary Leave	Max 1 year at a time, 3 years total
8	Sick Leave	12 days/year

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