Section 17
Fulfillment Of Vacancy In The Legislature-parliament Service
(1) The following posts of the Legislature-Parliament Service shall be fulfilled follows:


(2) Notwithstanding anything contained in clauses (a) and (b) of sub-section (1), if any post of non-gazetted third class is not held by any Employee, that post shall ipso facto lapse. If any Employees holding the posts of gazetted third class have completed such service period and possess such minimum educational
qualifications as required for the post as prescribed that is one class lower than that to which they are to be promoted, they shall ipso facto be promoted to the one class higher post. The higher class post shall ipso facto be created for making such promotion; and the lower post held by any such Employee prior to his or her promotion to the higher post shall ipso facto lapse after such promotion to the higher post.
(3) The classless/non-gazetted fifth class posts carrying out the main functions and subsidiary functions shall be as per the prevailing Civil Service Act or as prescribed under that Act.
(4) The classless/non-gazetted fifth class posts carrying out subsidiary functions as prescribed pursuant to sub-section (3), which are falling vacant at the time of commencement of this Section and which fall vacant after the commencement of this Section shall ipso facto lapse. The Secretariat shall give information of the cessation of such posts to the Civil Employees Records Office. The jobs to be performed by such posts shall be got performed through service contract, by making a contract with a person or organization, with specification of minimum remuneration.
(5) The posts to be fulfilled through internal competitive examination as referred to in clause (d) of sub-section (1) shall be fulfilled by having competition from the Employees serving in the non-gazetted third class post or any post lower than that (including classless posts), who have possessed the minimum educational qualification and minimum service period required for the non- gazetted second class post.
(6) Notwithstanding anything contained in sub-section (1), in order to make inclusive the Legislature-Parliament Service, forty- five percent posts of the posts to be fulfilled by open competition shall be set aside and be filled up by having separate competition between the following candidates only, by considering the percentage into cent percent:
(a) Women -Thirty three percent
(b) Indigenous/nationalities -Twenty seven percent
(c) Madhesi -Twenty two percent
(d) Dalit – Nine percent
(e) Persons with disability – Five percent
(f) Backward Area – Four percent
Explanation:
(1) For the purposes of this sub-section “backward area” means Accham, Kalikot, Jajarkot, Jumla, Dolpa, Bajhang, Bajura, Mugu and Humla districts.
(2) For the purposes of clauses (a), (b), (c) and (d) of this sub-section, women, Adiwasi/Janajati, Madhesi, and Dalit” means women, indigenous/nationalities, Madhesi, and Dalit who are backward economically and socially.
(7) Notwithstanding anything contained elsewhere in this Section, the posts of the percentage determined pursuant to clause (e) of sub-section (6) shall be filled up through competitive examination between only such persons with disability as may be specified for any specific nature of work.
(8) While determining the percent pursuant to sub-section (6), if there is a fraction that is less than one percent, the fraction shall continue to pass on to the immediately next group of the group in respect of which such fraction has resulted.
(9) If no appropriate candidate is available from the advertisement for a post set aside pursuant to sub-section (6) in the year of advertisement, such post shall be included in the advertisement of next year, and if any appropriate candidate is not available even upon such advertisement, such post shall be included in the posts to be filled up through the open competition in that year.
(10) The provisions for the fulfillment of posts through the percent determined pursuant to sub-section (6) shall be reviewed in every ten years.
(11) If there arises any dispute on the determination of posts as per the percent as referred to in sub-section (6), the decision made by the Public Service Commission shall be final.
(12) The posts to be filled by adjustment of promotion through promotion by evaluation of work performance and experience pursuant to sub-section (1) shall be adjusted on the basis of seniority from amongst the Employees to be promoted pursuant to Section 35.
(13) Notwithstanding anything contained elsewhere in this Section, the minimum qualification required for the post of gazetted second and first class to be filled up through open competition pursuant to clauses (g) and (h) of sub-section (1) shall be Master’s Degree obtained on the concerned subject and experience of five years in the case of gazetted second class and that of seven years in the case of gazetted first class, in an officer level post of any government service or a body corporate registered as per the prevailing law or an international association or institution. Provided that, the term of work experience shall be less by Two years in the case of a candidate who has done Ph.D. (14) Other provisions relating to the fulfillment of vacancies in the Legislature-Parliament Service and relating to that
of expert posts shall be as prescribed.