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Rule 22
Amendment to rule 36 of the original regulation

Instead of rule 36 of the original regulation, the following rule 36 has been placed:-

“36. Time table of transfer and basis of transfer:-

(1) When transferring civil servants according to section 18 of the Act, the following time schedule should be done:-
(a) The Ministry of General Administration within the month of January 1st of each year,
(b) Ministry or ministry-level central agency or department within February 1st of each year to the end of February,
(c) Regional level bodies within Chaitra 1st of each year. However, if a vacant position in an office is to be transferred outside of the prescribed time schedule, the transfer can be done with the consent of the Ministry of General Administration. (a) In the case of gazetted special category and gazetted first class civil servants, the government of Nepal can be transferred by the decision of the Council of Ministers, but when the gazetted first class civil servant is transferred to an agency under the same ministry, the transfer can be made by the decision of the relevant departmental ministerial level.

(b) Gazetted II And the transfer of the third class civil servant from the decision of the secretary level of the special category gazetted of the relevant central body. However, gazetted employees up to the third category working under a department can be transferred by the decision of the relevant department head under the same department. From the decision of the secretary level.

(d) Regardless of what is written in clause (c), if the gazetted and unranked employee of the same department or under is transferred to another agency under the same department or under, from the decision of the relevant department head.

(3) An employee who has reached the age of fifty will not be transferred to the geographical area of ​​category "A" unless he/she requests it.

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(4) Gazetted and unranked civil servants will be given priority to be transferred to the district of Ghar Payak. He will not be transferred to another district except in the case where there is concrete evidence that his work performance is not good or it is proved that he has acted undisciplined and irregularly. The remaining civil servants will not be transferred except in cases where they request.

(7) If the Ministry of General Administration transfers any civil servant before the period specified in sub-section (3) of section 18 of the Act, as mentioned in sub-section (4) of that section. It should be transferred only on basis. When transferring in this way, the basis for transferring before the expiry of the period should be mentioned in the transfer letter. If the transfer is done before the deadline, the details of the transfer should be sent to the office of the Prime Minister and the Council of Ministers with a clear reason for the transfer before the deadline. When transferring a civil servant who is not fit to be retained in the office, the authority must take the consent of the Ministry of General Administration after receiving a written statement from the head of the office along with a clear reason why his/her work and conduct are not fit to be retained in that office.

(9) Section of the Act For the purpose of clause (b) of sub-section (4) of 18, when seeking consent to be transferred to give special responsibilities, the consent must be sought by mentioning the situation in which the department head or office head or project head needs to be given responsibility.

< p> (10) If the consent of the Ministry of General Administration is requested to transfer a civil servant before the deadline, the Ministry of General Administration shall make a decision in this regard and give written information to the concerned body within one month from the date of receipt of the letter for such consent. If the information is not sent within that period, the reason for such transferIt will be considered as having the consent of the Ministry of General Administration. However, in the event that the Ministry of General Administration requests additional details, it may give consent within one month from the date of receipt of such details.

(11) Notwithstanding anything else written in this rule, a civil servant under any agency or under him has been transferred once and the period is completed. After that, such an employee shall not be transferred again unless a period is completed according to the schedule for transfer by the Ministry of General Administration as per sub-rule (1).

(12) Notwithstanding anything else written in this rule, the ministry or department or central agency or A civil servant who has become the head of a regional office or a district level office will not be transferred to a lower body or office in the same category, unless he voluntarily requests it. However, this provision shall not be applicable in case of civil servants who have worked on a permanent or temporary basis.

(13) Notwithstanding anything else written in this rule, any civil servant has been punished by departmental punishment and the period has not expired or he has voluntarily asked for it. In other cases, he will not be transferred or appointed to be subordinate to an employee who is junior to him.

(14) Notwithstanding anything else written in this rule, transfer to such a post after filling up the demand form for any vacant gazetted and unranked post.

(15) According to this rule, the agency that transfers civil servants or gives their consent shall make the criteria and make a decision accordingly.

(16) According to sub-rule (15) The criteria made should be made public.

(17) The format of the request for transfer will be as per schedule-9.”