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Rule 36
Time Table of Transfer and Basis of Transfer
:- (1) When transferring civil servants according to Section 18 of the Act, it should be done according to the following schedule :-
(a) The Ministry of General Administration from the first of August to the end of August of each year,
(b) Ministry or ministry-level central agency or department within October 1st to October 15th of each year,
(c) by the regional level bodies from October 20th of each year to the end of October.
(1a)……………….
(2) The transfer of civil servants will be done as follows:-
(a) In the case of gazetted special category and gazetted first class civil servants by the decision of the Government of Nepal Government of the Council of Ministers, but when the gazetted first class civil servants are transferred to an agency under the same ministry, they can be transferred by the decision of the relevant departmental ministerial level.
(b) Transfer of gazetted second and third grade civil servants from the decision of the secretary level of the gazetted specific category of the relevant central body. However, gazetted employees up to the third grade working under a department can be transferred under the same department by the decision of the relevant department head.
(c) Transfer of gazetted and unranked civil servants from the decision of the gazetted first class joint-secretary looking at the personnel administration of the relevant central agency.
(d) Regardless of what is written in Clause (c), in the case of transfer of gazetted and unranked employees under the same department or under the same department to other bodies under the same department, by 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.
(4) Gazetted and unranked civil servants will be given priority for transfer to the district of Ghar Payak.
(5) Gazetted and unranked civil servants working in the district office of Ghar Payak, in the event that they have voluntarily submitted an application or in the performance of their duties.He will not be transferred to another district unless there is concrete evidence that his progress is not good or it is proven that he has acted undisciplined and irregularly.
(6) A civil servant who has one year or less remaining for compulsory retirement due to age will not be transferred unless he/she requests it.
(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, the transfer shall be made only on the basis mentioned in sub-section (4) of that section. When transferring in this way, the basis for transferring before the expiry of the period should be mentioned in the transfer letter. In this way, if the transfer is done before the deadline, the clear reason for the transfer before the deadline should be disclosed and the details of the transfer should be sent to the office of the Prime Minister and the Council of Ministers.
(8) According to clause (d) of sub-section (4) of section 18 of the Act, when transferring a civil servant who is not suitable to be retained in the office, the Ministry of General Administration after receiving a written statement from the head of the relevant office with a clear reason for his work and conduct that is not suitable to be retained in the office. After taking consent, the authority should transfer.
(9) For the purposes of Clause (b) of Sub-section (4) of Section 18 of the Act, when seeking consent to transfer for giving special responsibilities, consent must be sought by mentioning the circumstances in which the departmental head or office head or project head needs to be given responsibility.
(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 fifteen days from the date of receipt of the letter for such consent. But in case the Ministry of General Administration requests more details, it can give consent within one month from the date of receipt of such details.
(11) Notwithstanding anything written elsewhere in this rule, any civil servant under any agency or under him shall be transferred once and after the completion of the period, as per sub-rule (1) according to the schedule to be transferred by the Ministry of General Administration.The agency will not transfer such employee again without completing the term.
(12) Notwithstanding anything written elsewhere in this rule, a civil servant who has become the head of a ministry or a department or a central agency or a regional office or a district-level office shall not be transferred to a lower agency or office in a position of the same rank unless he voluntarily requests it. However, this provision will not be applicable in the case of civil servants who have worked permanently or on a temporary basis.
(13) Notwithstanding anything written elsewhere in this rule, no civil servant shall be transferred or posted to be subordinate to a junior employee, except in cases where the departmental punishment has not expired or he has voluntarily requested.
(14) Notwithstanding anything else written in this rule, no vacant gazetted unlisted and unclassified post shall be filled after filling up the demand form.
(14A) If the transfer of any civil servant is contrary to the Act and these regulations, such employee may file a complaint within a fortnight from the date of the transfer decision to the office of the Prime Minister and Council of Ministers if the transfer was made by the Ministry of General Administration and to the Ministry of General Administration if the transfer was made by other agencies.
(15) According to this rule, the agency that transfers civil servants or gives consent to them shall make the criteria and make a decision accordingly.
(16) The standards made according to sub-rule (15) should be made public.
(17) The format of the application requesting transfer shall be as per Schedule-9.