(1) Civil servants will be transferred in accordance with sub-section (3) in order to give them experience in different geographical areas of the country and the authority will have the right to do such transfer. But,
(a) Civil servants of one ministry or department or office under it will be transferred by the Ministry of Common Administration to another ministry or department or office under it.
(b) The office of the Comptroller General of Accounts will transfer the employees of the Administration Service, Accounting Group (2) Notwithstanding anything written elsewhere in this section, the Government of Nepal shall do the transfer or posting of gazetted special category employees on the recommendation of a committee chaired by the Minister of General Administration and consisting of the Chief Secretary of the Government of Nepal and the Secretary of the Ministry of General Administration as members. In the case of recommending the transfer of the Secretary of the Ministry of General Administration, the Secretary of the Office of the Prime Minister and Council of Ministers will participate as a member of the committee instead of the Secretary of the Ministry of General Administration.
(2A) Notwithstanding anything written in sub-section (2), the employee working in the post of specific category of service mentioned in sub-section (2) of section 6 can be transferred only to the post of specific category of the same service.
(3) In the case of transfer of civil servants who are in a position to receive specialized services and do not have a position or office related to their service, group or sub-group anywhere else at the local level, and civil servants other than special category and gazetted first category employees, the relevant authority shall transfer them as per the schedule as specified once a year. Transfer should be done by specifying the period in the letter:-
(a) Employees who have worked for a period of at least one and a half years in the office of "A" or "B" category geographical area, for at least two years in the office of "D" or "C" category geographical area. (b) Employees who have worked for a period of at least two years in the office of "C" or "D" category geographical area for at least two years in the office of "B" or "A" category geographical area. Clarification :- Of this clauseFor the purpose, "one year" shall mean a period of at least two hundred and thirty three days of attendance.
(4) Notwithstanding anything contained in sub-section (3), a civil servant may be transferred with the consent of the Ministry of General Administration before the expiry of the period specified in his transfer letter in the following cases –
(a) If the medical board designated by the Government of Nepal recommends that a civil servant working in a place is disabled and cannot be treated at that place,
(b) If a civil servant is to be given special responsibility,
(c) if departmental action is to be taken against any civil servant,
(d) If a civil servant is not fit to be retained in the office in which he is employed,
(e) If any post of civil service is cut and the employee working in that post has been laid off and it is not possible to accommodate him in another office in the same district,
(f) Transfer of gazetted civil servants to their homes. However, no employee shall be transferred before the period specified in sub-section (3) of the office which has been recommended by the Public Service Commission or the promotion committee in the gazetted position and has been appointed for the first time on the recommendation of the Public Service Commission or the promotion committee. (5) In case of transfer according to this section, till the vacant post is filled, the husband and wife of the civil service employee working in the gazetted category will be sent to the same district if both are in government service. (6) According to sub-section (3), if there is no office with the position of the relevant service, group or subgroup of the geographical area to be transferred, or if the specified service period of the employee working in the office of the geographical area to be transferred has not reached, then the transfer can be made to the office of the geographical area of ​​the order to be transferred.
(7) Notwithstanding anything contained elsewhere in this section, gazetted civil servants who are appointed after the commencement of this sub-section shall not be transferred for a period of five years, except to offices within the zone under which they have been recommended by the Public Service Commission. But by an employee who has been recommended for gazetted first class postsAfter serving the period as per sub-section (3) of the recommended office, it can be transferred within the development area.
(8) Except in the case of clause (c) of sub-section (4), if any civil servant is transferred before the period under this section is reached, such employee shall be given the prescribed amount for settlement in the new place. However, such amount will not be given to an employee who has been transferred at his own request or 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 same district headquarters, or in the case of transfer of an indefinite-term position.
(9) Notwithstanding anything contained elsewhere in this Act, the authority of an employee who is on study leave or under automatic suspension or who is on any other leave for a period of more than six months or who is assigned to work for a period of more than three months or who is assigned for a specific job or to implement a specific project, at the district level If he is in the office or in the position of head of office or head of department, with the consent of the Ministry of General Administration, a special position may be created for that period and the authority of such an employee may be transferred to the central level body.
(10) Notwithstanding anything contained in clauses (a) and (b) of sub-section (3), the Ministry of General Administration may transfer a civil servant of any ministry and department or office under it to another ministry and department or office under it.
(11) Notwithstanding anything written in sub-section (4), except in the case of clauses (c), (d) or (e) of the said sub-section, the concerned employee shall not be transferred to a gazetted or unranked employee without completing the period under sub-section (3) without voluntarily submitting an application. Will not be done.
(12) The authority will take departmental action against the officer who is transferred contrary to this section and such transfer will be canceled by the Ministry of General Administration. If the transfer is made by the Ministry of General Administration, the Government of Nepal, the Council of Ministers will cancel it.
(13) Other arrangements related to transfer shall be as prescribed.