(1) There shall be a Public Service Commission of
Nepal, consisting of the Chairperson and four other Members.
(2) The President shall, on the recommendation of the Constitutional
Council, appoint the Chairperson and Members.
(3) At least fifty percent of the total number of Members of the Public
Service Commission shall be appointed from amongst the persons who have
worked for twenty or more in any government service, and the rest of the
Members shall be appointed from amongst the persons who hold reputation after
having done research, investigation, teaching or any other significant work in the
field of science, technology, art, literature, law, public administration, sociology or
other sphere of national life.
(4) The term of office of the Chairperson and Members of the Public
Service Commission shall be six years from the date of appointment.
(5) The Chairperson and Members appointed under clause (2) shall not
be eligible for reappointment.Provided that a Member may be appointed to the office of Chairperson, and
when a Member is so appointed as the Chairperson, his or her term of office shall
be so computed as to include his or her term as the Member.
(6) Notwithstanding anything contained in clause (4), the office of the
Chairperson or a Member of the Public Service Commission shall be vacant in any
of the following circumstances:
(a) if he or she tenders resignation in writing to the President,
(b) if he or she attains the age of sixty-five years,
(c) if a motion of impeachment is passed against him or her under
Article 101,
(d) if he or she is removed from office by the President on
recommendation of the Constitutional Council on grounds of
his or her inability to hold office and discharge the functions
due to physical or mental illness,
(e) if he or she dies.
(7) A person shall be eligible to be appointed as the Chairperson or a
member of the Public Service Commission if he or she possesses the following
qualification:
(a) holding a master’s degree from a recognized university,
(b) not being a member of any political party at the time of
appointment,
(c) having attained the age of forty five years, and
(d) being of high moral character.
(8) The remuneration and other conditions of service of the Chairperson
and the members of the Public Service Commission shall be as provided for inthe
Federal law. The remuneration and conditions of service ofthe Chairperson and the
Members of the Public Service Commission shall not, so long as they hold office,
be altered to their disadvantage.
Provided that this provision shall not apply in cases where a state of
emergency is declared because of extreme economic disarrays.
(9) A person once appointed as the Chairperson and the members of the
Public Service Commission shall not be eligible for appointment in other
government service.
Provided that nothing in this clause shall be deemed to be a bar to the
appointment to any political position or to any position which has the
responsibility of making investigations, inquiries or findings on any subject, or to
any position which has the responsibility of submitting advice, opinion or
recommendation after carrying out a study or research on any subject.