Section 8B
7 Restriction On Appointment On Wages Or Contract
(1) No one shall appoint, or cause to be appointed, any person on wages or contract for any job to be performed by the employee. Provided that, if there arises difficulty with the health service delivery owing to that any doctor or health worker is on the study or extra-ordinary leave, the Government of Nepal may employ on contract
service a doctor or health worker who is in possession of the qualification in his or her post for the period during which such a doctor or health workers goes on leave. 8
(2) If any one appoints, or causes to be appointed, any person in contravention of Sub-section (1), the salary, allowances and amounts for other facilities received by that person so appointed shall be
realized from the appointing official as government dues.
9 Upgrade :
(1) Out of the posts in the service, the posts of Fourth level, Fifth level, officer Seventh level, Eighth level and Tenth level shall be fulfilled from the Third level, Fourth level
10 , officer Sixth level, Seventh level and Ninth level respectively, by way of upgrading.
(2) The freshly appointed and posted officer Sixth level employee and officer Seventh level medical officer, dental officer, officer Kabiraj, integrated medical officer or other medical officer equivalent thereto who has served for at least One year in the most remote area or for Two years in a remote area and gained at least
excellent marks in the work performance evaluation for Three years after the date of fresh appointment and posting shall be upgraded to the Seventh level post and the Eighth level post, respectively.
(3) If an employee who is upgraded from the officer Sixth level post to the Seventh level post pursuant to Sub-section (2) gains at least excellent marks in the work performance evaluation for Two years in
that post, such employee shall be upgraded to the Eighth level post. (4) The employees, who were permanently appointed to the gazetted Third class post on the Nepal Health Service pursuant to the
Civil Service Act, 2049 (1993) prior to the commencement of the Nepal Health Service Act, 2053 (1997) and have completed a service period of Three years after having served for at least One year in the most
remote area or Two years in the remote area, shall be upgraded to the Eighth level post.
11 Notwithstanding anything contained in Sub-section (4), the employees, who were permanently appointed to the gazetted Third class post on the Nepal Health Service pursuant to the Civil Service
Act, 2049 (1993) or after the commencement of the Nepal Health Service Act, 2053 (1997) and has obtained the master’s degree after gaining the basic bachelor’s degree in the subject related with the group, sub-group of the service and completed a service period of Three years after having served for at least One year in any area outside
the Kathmandu Valley or has obtained the post graduate diploma after gaining the basic bachelor’s and completed a service period of Three years after having served for at least Two years in any area outside the
Kathmandu Valley shall also be upgraded to the Eighth level post.
(6) If the employees as referred to in Sub-sections (4) and (5) have not served for such period and in such area as mentioned in those Sub-sections, such employees shall be upgraded only after they have
attended and served in such area until the required period.
Provided that, if an employee as mentioned above cannot be deputed to the said area because of the lacking of post or position or office, such employee shall also be upgraded to the Eighth level post.
(7) The employees who, holding the officer Ninth level post for Two years, have gained at least excellent marks in the work performance evaluation for Two years shall be upgraded to the officer tenth level post.
(7a) 12 After the commencement of this Section, the upgrading of the following employees shall be made as follows:
(a) Employees serving in the Third level at the time of the commencement of this Section, to the Fourth
level of the concerned group,
(b) Employees who were adjusted to the Third level after the commencement of this Section, to the
Fourth level after having completed Two years of service period in that level,
(c) Employees who were adjusted to the Fourth level of the health service after 14 Jestha 2054, to the Fifth
level of the concerned group,
(d) Out of the employees who were adjusted to the Fourth level pursuant to Sub-section (4) of Section
4, the employees who have completed Three years of service period and gained the prescribed
qualification for the Fourth level, to the Fifth level of the concerned group,
(e) Employees who were freshly appointed to the Fourth level of the health service or adjusted to that
level and have completed Five years of service period in the level, to the fifth level of the concerned group,
(f) Employees who were appointed to the Sixth and Seventh levels after completing the procedures of the Public Service Commission prior to the commencement of this Section, to the Seventh and Eighth level of the concerned group, respectively,
(g) Out of the employees who were adjusted to the fifth level and senior Fifth level prior to the commencement of this Section, the employees who have gained the prescribed qualification for the fourth level and completed Ten years of service period in the Fifth level, to the Sixth level of the concerned group,
(h) Employees who were freshly appointed to the Fifth level prior to the commencement of this Section and
have completed at least Ten years of service period in that level, to the Sixth level of the concerned
group,
(i) Employees who were upgraded to the Fifth level after the commencement of this Section and having
completed at least Ten years of service period in that level, to the Sixth level of the concerned group.
(7b)
13 A separate pool position shall be arranged for the employees whose level has been adjusted after 14 Jestha 2054 and are currently serving in the officer Sixth level and they shall be upgraded to the Seventh level of the concerned group.
(7c)
14 After upgradation pursuant to Sub-section (7b), such employees shall be grouped in the concerned group based on their qualification. If any of the employees so grouped is relieved of the health service for any reason, such a position held by him or her shall ipso facto lapse.
15 An employee who is upgraded to a higher level pursuant to this Section shall perform the functions of the level from which he or she is upgraded.
(7e) 16 If an employee who is upgraded to the Seventh level pursuant to Clause (f) of Sub-section (7a) after the commencement of this Section served in a remote area during the period as referred to in Sub-section (2), he or she shall be deemed to have served in the remote area for upgradation to a higher level.
(8) ……………..
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(9) ……………..
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(10) ……………..
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service a doctor or health worker who is in possession of the qualification in his or her post for the period during which such a doctor or health workers goes on leave. 8
(2) If any one appoints, or causes to be appointed, any person in contravention of Sub-section (1), the salary, allowances and amounts for other facilities received by that person so appointed shall be
realized from the appointing official as government dues.
9 Upgrade :
(1) Out of the posts in the service, the posts of Fourth level, Fifth level, officer Seventh level, Eighth level and Tenth level shall be fulfilled from the Third level, Fourth level
10 , officer Sixth level, Seventh level and Ninth level respectively, by way of upgrading.
(2) The freshly appointed and posted officer Sixth level employee and officer Seventh level medical officer, dental officer, officer Kabiraj, integrated medical officer or other medical officer equivalent thereto who has served for at least One year in the most remote area or for Two years in a remote area and gained at least
excellent marks in the work performance evaluation for Three years after the date of fresh appointment and posting shall be upgraded to the Seventh level post and the Eighth level post, respectively.
(3) If an employee who is upgraded from the officer Sixth level post to the Seventh level post pursuant to Sub-section (2) gains at least excellent marks in the work performance evaluation for Two years in
that post, such employee shall be upgraded to the Eighth level post. (4) The employees, who were permanently appointed to the gazetted Third class post on the Nepal Health Service pursuant to the
Civil Service Act, 2049 (1993) prior to the commencement of the Nepal Health Service Act, 2053 (1997) and have completed a service period of Three years after having served for at least One year in the most
remote area or Two years in the remote area, shall be upgraded to the Eighth level post.
11 Notwithstanding anything contained in Sub-section (4), the employees, who were permanently appointed to the gazetted Third class post on the Nepal Health Service pursuant to the Civil Service
Act, 2049 (1993) or after the commencement of the Nepal Health Service Act, 2053 (1997) and has obtained the master’s degree after gaining the basic bachelor’s degree in the subject related with the group, sub-group of the service and completed a service period of Three years after having served for at least One year in any area outside
the Kathmandu Valley or has obtained the post graduate diploma after gaining the basic bachelor’s and completed a service period of Three years after having served for at least Two years in any area outside the
Kathmandu Valley shall also be upgraded to the Eighth level post.
(6) If the employees as referred to in Sub-sections (4) and (5) have not served for such period and in such area as mentioned in those Sub-sections, such employees shall be upgraded only after they have
attended and served in such area until the required period.
Provided that, if an employee as mentioned above cannot be deputed to the said area because of the lacking of post or position or office, such employee shall also be upgraded to the Eighth level post.
(7) The employees who, holding the officer Ninth level post for Two years, have gained at least excellent marks in the work performance evaluation for Two years shall be upgraded to the officer tenth level post.
(7a) 12 After the commencement of this Section, the upgrading of the following employees shall be made as follows:
(a) Employees serving in the Third level at the time of the commencement of this Section, to the Fourth
level of the concerned group,
(b) Employees who were adjusted to the Third level after the commencement of this Section, to the
Fourth level after having completed Two years of service period in that level,
(c) Employees who were adjusted to the Fourth level of the health service after 14 Jestha 2054, to the Fifth
level of the concerned group,
(d) Out of the employees who were adjusted to the Fourth level pursuant to Sub-section (4) of Section
4, the employees who have completed Three years of service period and gained the prescribed
qualification for the Fourth level, to the Fifth level of the concerned group,
(e) Employees who were freshly appointed to the Fourth level of the health service or adjusted to that
level and have completed Five years of service period in the level, to the fifth level of the concerned group,
(f) Employees who were appointed to the Sixth and Seventh levels after completing the procedures of the Public Service Commission prior to the commencement of this Section, to the Seventh and Eighth level of the concerned group, respectively,
(g) Out of the employees who were adjusted to the fifth level and senior Fifth level prior to the commencement of this Section, the employees who have gained the prescribed qualification for the fourth level and completed Ten years of service period in the Fifth level, to the Sixth level of the concerned group,
(h) Employees who were freshly appointed to the Fifth level prior to the commencement of this Section and
have completed at least Ten years of service period in that level, to the Sixth level of the concerned
group,
(i) Employees who were upgraded to the Fifth level after the commencement of this Section and having
completed at least Ten years of service period in that level, to the Sixth level of the concerned group.
(7b)
13 A separate pool position shall be arranged for the employees whose level has been adjusted after 14 Jestha 2054 and are currently serving in the officer Sixth level and they shall be upgraded to the Seventh level of the concerned group.
(7c)
14 After upgradation pursuant to Sub-section (7b), such employees shall be grouped in the concerned group based on their qualification. If any of the employees so grouped is relieved of the health service for any reason, such a position held by him or her shall ipso facto lapse.
15 An employee who is upgraded to a higher level pursuant to this Section shall perform the functions of the level from which he or she is upgraded.
(7e) 16 If an employee who is upgraded to the Seventh level pursuant to Clause (f) of Sub-section (7a) after the commencement of this Section served in a remote area during the period as referred to in Sub-section (2), he or she shall be deemed to have served in the remote area for upgradation to a higher level.
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(9) ……………..
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(10) ……………..
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