(1) It shall be
the duty of the Public Service Commission to conduct examinations for the
selection of suitable candidates to be appointed to the positions in the Civil
Service.
Explanation: For the purposes of this Article, “positions in the Civil
Service” means all positions in the services of the Government of Nepal, other
than the positions in the services of Army personnel, Nepal Police or Armed
Police Force, Nepal and such other positions in the services as are excluded by an
Act from the Civil Service.
(2) The Public Service Commission shall conduct written examinations
to be given for appointment to the offices of the Nepal Army, Nepal Police,
Armed Police Force, Nepal, other Federal governmental services and of bodies
corporate, other than the positions in the Civil Service.
Explanation: For the purposes of this Article, “body corporate” means a
corporation, company, bank or board of which more than fifty percent or more of
the shares or assets is owned or controlled by the Government of Nepal, except a
university or Education Service Commission, or a commission, corporation,
authority, body, academy, board, centre, council and other body corporate of
similar nature established under the Federal law or formed by the Government of
Nepal.
(3) The Public Service Commission shall be consulted on the general
principles to be followed in the course of making appointment and promotion to
any position of the Nepal army, Nepal Police, Armed Police Force, Nepal and
other Federal government services.
(4) The Public Service Commission shall be consulted on the laws
relating to the conditions of service of the employees in the service of a body
corporate and on the general principles to be followed in the course of making
promotion to any position of such service and taking departmental action against
any such employee
(5) No permanent appointment to any pensionable position chargeable
on the Government of Nepal shall be made except in consultation with the Public
Service Commission.
(6) The Public Service Commission shall be consulted on the following
subjects:
(a) matters concerning the law relating to the conditions of service of
the Federal Civil Service;
(b) the principles to be followed in making appointments to,
promotions to, the Federal Civil Service or positions thereof and
taking departmental action;
(c) matters concerning the suitability of any candidate for
appointment to the Federal Civil Service position for a period of
more than six months;
(d) matters concerning the suitability of any candidate for transfer or
promotion from a position in one type of Federal Civil Service to
a position in other type of Federal Civil Service or transfer or
promotion from other government service to the Federal Civil
Service or for a change in service or transfer from a position in a
State Civil Service to a position in the Federal Civil Service or
from a position in the Federal Civil Service to a State Civil
Service,
(e) matters concerning the permanent transfer or promotion of an
employee working in any position which does not require
consultation with the Public Service Commission to any position
which requires consultation with the Public Service Commission;
and
(f) matters relating to departmental action against any employee of
the Federal Civil Service.
(7) Notwithstanding anything contained in clause (6), matters falling
within the jurisdiction of the Judicial Service Commission under Article 154 shall
be governed by that Article.
(8) The Public Service Commission may so delegate any of its
functions, duties and powers to its Chairperson or Member, an employee of the
Government of Nepal as to be exercised and complied with subject to the specified
conditions.
(9) Other functions, duties and powers and rules of procedure of the
Public Service Commission shall be as provided for in the Federal law.