(1) In making a work performance contract with the official set forth in Schedule-8A. pursuant to Sub-section (2) of Section 15 of the Act, the following officials may make it:
(a) In the case of the Head of Department of a central level Department of the Government of Nepal or the Chief of Office at the departmental level, between the secretary of the concerned Ministry and the Head of Department or Chief of Office at the departmental level,
(b) In the case of a chief of project, between the secretary of the concerned Ministry and the chief of project, if the project is under the Ministry, between the concerned Head of Department and the chief of project, if the project is under the Department, and between the concerned Chief of Office and the chief of project, if the project is under the Office,
(c) In the case of the Chief of Office, between the Head of Department of the concerned Department and the Chief of Office, and between the secretary of the concerned Ministry and the Chief of Office if the Office does not have any Department.
(2) The work performance agreement as referred to in Sub-rule
(1) shall set out the following matters:
(a) Goals of the Department or project or Office,
(b) Budget, human resources and other resources and means required to achieve the goals,
(c) Time frame to achieve the goals,
(d) Results to be achieved or expected achievements,
(e) Indicators of the work performance evaluation,
(f) Conditions for the cancellation of the work performance agreement,
(g) Powers required for the implementation of the work performance agreement,
(h) Terms of the work performance agreement,
(i) Other necessary measures.
(3) The concerned Ministry and department shall regularly monitor whether work as referred to in the work performance agreement has been carried out or not.
(4) There shall be a committee under the convenorship of the concerned Ministry, consisting representatives of the Ministry of General Administration, the Ministry of General Administration, the concerned Ministry and the National Planning Commission, for annual appraisal of the work as referred to in the work performance agreement.
(5) In the event of failure to make excellent performance of work in accordance with the work performance agreement, except owing to a circumstance beyond control, special responsibility of any chief post shall not be given to such Head of Department or chief of project or Chief of Office until Two years.
(6) If the Head of Department or chief of project or Chief of Office fails to perform the work as mentioned in Sub-rule (5) for more than once, he or she shall be liable to departmental punishment pursuant to Clause (a) of Section 59 of the Act.
Provided that, if a civil employee who has been removed once from the post of special responsibility pursuant to Sub-rule (5) obtains again such responsibility after a certain period of time and demonstrates
satisfactory work progress, the deficiency in the progress of work performance of the period during which he or she was given special responsibility before that shall not be taken into account as a ground for the departmental action as referred to in this Rule.
(7) The details of the terms of the work performance agreement and annual appraisal shall be made public within One month after the completion of such work.
(8) In making posting to the Head of Department of a body in relation to which the work performance agreement system applies, to the Chief of Office or chief of project, the potential civil employees shall be required to furnish a strategic plan and operational plan and action plan of such a body for Two years, accompanied by the expected achievements, and the employee who furnishes an excellent plan may be posted to that post, by making the work performance agreement with the official as referred to in Sub-rule (1), on the recommendation of the committee as referred to in Sub-rule (4).
(9) The Government of Nepal may as required prepare and issue guidelines for the management of the work performance agreement.