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Section 12
Creation of positions and filling of positions

(1) Notwithstanding anything written in the existing law, no organizational structure and positions shall be created for any body after the commencement of this Act except in the case of section 4.
(2) There shall be no obstacle to fill vacancies in vacant positions or by promotion until the organization structure and positions according to section 4 are determined and approved.
(3) Candidates who have been recommended for appointment or promotion in accordance with the advertisement in accordance with sub-section (2) shall not be deemed to be hindered from adjusting to the new structure and ranks approved for the union, state and local levels in accordance with section 4.
(4) Until the Provincial Public Service Commission is established, the Public Service Commission may recommend candidates for the vacant posts of approved posts at the provincial or local level based on the demand sent by the concerned province or local level through the Government of Nepal.