Section 36
Time Frame Of Transfer And Criteria For Transfer
In making transfer of the civil employees pursuant to Section 18 of the Act, the transfer shall be made in accordance with the following time frame:
(a) From the first day of Magha to the last day of Magha of each year by the Ministry of General Administration,
(b) From the first day of Falgun to the last day of Falgun of each year by the Ministry or Ministry level central body or Department,
(c) From the first day of Chaitra to the last day of
Chaitra of each year by the regional level bodies,
Provided that, if it is required to make transfer to a post fallen vacant in any Office at a time other than the prescribed time frame, such transfer may be made with the consent of the Ministry of General Administration.
(2) The transfer of civil employees shall be made as follows:
(a) In the case of the employees of gazette special class and gazetted first class, by a decision of the Government of Nepal, Council of Ministers,
Provided that, in transferring the civil employees of gazetted first class to the bodies under the same Ministry, such transfer may be made by a decision at the concerned departmental minister level.
(b) The transfer of the civil employees of the gazetted second and third classes, by a decision of the gazetted special class secretary of the concerned central body,
Provided that, the transfer of the employees up to the gazette third class serving under any Department to any office under that Department may be made by a decision of the decision of the concerned Head of Department.
(c) The transfer of the non-gazetted and classless civil employees, by a decision of the Joint Secretary of gazetted first class looking after the personnel administration, of the concerned central body.
(d) Notwithstanding anything contained in Clause (c), the transfer of the non-gazetted as well as classless employees in the same Department or thereunder to the same Department or other bodies under that Department, by a decision of the concerned Head of Department.
(3) Any employee, who has completed Fifty years of age, shall not be transferred to the geographical regions of category "A" unless so demanded by him or her.
(4) Priority shall be given to transfer the non-gazetted and classless civil employees to the districts of their convenience from home.
(5) The non-gazetted and classless civil employees serving in the offices in the districts of their convenience from home shall not be transferred to other districts except in cases where they voluntarily make application for such transfer or where it is proved that they have done any undisciplined and undue act.
(6) A civil employee who has One year or less to take compulsory retirement by age shall not be transferred except where he or she so requests.
(7) If the Ministry of General Administration has to transfer any civil employee prior to the completion of the period as referred to in Sub-section (3) of Section 18 of the Act, it shall make transfer only on the ground set forth in Sub-section (4) of the said Section. In making such a transfer, the letter of transfer shall indicate the ground for transfer prior to the completion of period. Where transfer has been so made prior to the completion of period, description of transfer indicating the clear reason for the transfer prior to the completion of period has to be sent to the Office of the Prime Minister and Council of Ministers.
(8) In transferring a civil employee whose engagement in the Office is not appropriate pursuant to Clause (d) of Sub-section (4) of Section 18 of the Act, the transfer shall be made by the Competent Authority, with the consent of the Ministry of General Administration, after it has been written by the concerned Chief of Office stating the
clear reason why it is not appropriate to continue his or her engagement in that Office.
(9) In requesting for consent to make transfer for the purpose of entrusting the special responsibility for the purposes of Clause (b) of Sub-section (4) of Section 18 of the Act, such consent has to be asked for, indicating that there exists a situation requiring to entrust the responsibility of the Head of Department or Chief of Office or chief of project.
(10) Where the consent of the Ministry of General Administration is sought to transfer any civil employee prior to the completion of period, the Ministry of General Administration shall made decision in that respect within One month after the date of receipt of the letter for such consent and give information in writing to the concerned body. If information is not sent within that period, the consent of the Ministry of General Administration shall be deemed to have been given for such a transfer.
Provided that, if the Ministry of General Administration asks for additional details, it may give consent within One month after the date of receipt of such details.
(11) Notwithstanding anything contained in this Rule, once any civil employee under any body or thereunder has been transferred and he or she has completed the period, that body shall not again transfer such an employee prior to the completion of one period as referred to in the schedule of transfer by the Ministry of General Administration pursuant to Sub-rule (1).
Provided that, this provision shall not apply to those civil employees who serve as the acting or officiating.
(12) Notwithstanding anything contained in this Rule, any civil employee who has already served as chief of the Ministry or Department or central body or regional office or district-based office shall not be transferred to any body or office lower than that in the post of same class unless such employee requests for such transfer voluntarily.
(13) Notwithstanding anything contained in this Rule, no civil employee shall be so transferred or so posted as to remain under an employee junior to him or her in any circumstance other than where the period of departmental punishment imposed on him or her has not expired or where he or she requests for such transfer or posting voluntarily.
(14) Notwithstanding anything contained in this Rule, after the requisition form for the fulfillment of any vacant non-gazetted and classless posts has been filled in and sent, such posts shall not be fulfilled by making transfer thereto.
(15) Anybody making transfer of civil employees or giving consent for such transfer shall make criteria to that effect and make decision accordingly.
(16) The criteria prepared pursuant to Sub-rule (15) shall be made public.
(17) The format of application form for transfer shall be as set forth in Schedule-9.
(a) From the first day of Magha to the last day of Magha of each year by the Ministry of General Administration,
(b) From the first day of Falgun to the last day of Falgun of each year by the Ministry or Ministry level central body or Department,
(c) From the first day of Chaitra to the last day of
Chaitra of each year by the regional level bodies,
Provided that, if it is required to make transfer to a post fallen vacant in any Office at a time other than the prescribed time frame, such transfer may be made with the consent of the Ministry of General Administration.
(2) The transfer of civil employees shall be made as follows:
(a) In the case of the employees of gazette special class and gazetted first class, by a decision of the Government of Nepal, Council of Ministers,
Provided that, in transferring the civil employees of gazetted first class to the bodies under the same Ministry, such transfer may be made by a decision at the concerned departmental minister level.
(b) The transfer of the civil employees of the gazetted second and third classes, by a decision of the gazetted special class secretary of the concerned central body,
Provided that, the transfer of the employees up to the gazette third class serving under any Department to any office under that Department may be made by a decision of the decision of the concerned Head of Department.
(c) The transfer of the non-gazetted and classless civil employees, by a decision of the Joint Secretary of gazetted first class looking after the personnel administration, of the concerned central body.
(d) Notwithstanding anything contained in Clause (c), the transfer of the non-gazetted as well as classless employees in the same Department or thereunder to the same Department or other bodies under that Department, by a decision of the concerned Head of Department.
(3) Any employee, who has completed Fifty years of age, shall not be transferred to the geographical regions of category "A" unless so demanded by him or her.
(4) Priority shall be given to transfer the non-gazetted and classless civil employees to the districts of their convenience from home.
(5) The non-gazetted and classless civil employees serving in the offices in the districts of their convenience from home shall not be transferred to other districts except in cases where they voluntarily make application for such transfer or where it is proved that they have done any undisciplined and undue act.
(6) A civil employee who has One year or less to take compulsory retirement by age shall not be transferred except where he or she so requests.
(7) If the Ministry of General Administration has to transfer any civil employee prior to the completion of the period as referred to in Sub-section (3) of Section 18 of the Act, it shall make transfer only on the ground set forth in Sub-section (4) of the said Section. In making such a transfer, the letter of transfer shall indicate the ground for transfer prior to the completion of period. Where transfer has been so made prior to the completion of period, description of transfer indicating the clear reason for the transfer prior to the completion of period has to be sent to the Office of the Prime Minister and Council of Ministers.
(8) In transferring a civil employee whose engagement in the Office is not appropriate pursuant to Clause (d) of Sub-section (4) of Section 18 of the Act, the transfer shall be made by the Competent Authority, with the consent of the Ministry of General Administration, after it has been written by the concerned Chief of Office stating the
clear reason why it is not appropriate to continue his or her engagement in that Office.
(9) In requesting for consent to make transfer for the purpose of entrusting the special responsibility for the purposes of Clause (b) of Sub-section (4) of Section 18 of the Act, such consent has to be asked for, indicating that there exists a situation requiring to entrust the responsibility of the Head of Department or Chief of Office or chief of project.
(10) Where the consent of the Ministry of General Administration is sought to transfer any civil employee prior to the completion of period, the Ministry of General Administration shall made decision in that respect within One month after the date of receipt of the letter for such consent and give information in writing to the concerned body. If information is not sent within that period, the consent of the Ministry of General Administration shall be deemed to have been given for such a transfer.
Provided that, if the Ministry of General Administration asks for additional details, it may give consent within One month after the date of receipt of such details.
(11) Notwithstanding anything contained in this Rule, once any civil employee under any body or thereunder has been transferred and he or she has completed the period, that body shall not again transfer such an employee prior to the completion of one period as referred to in the schedule of transfer by the Ministry of General Administration pursuant to Sub-rule (1).
Provided that, this provision shall not apply to those civil employees who serve as the acting or officiating.
(12) Notwithstanding anything contained in this Rule, any civil employee who has already served as chief of the Ministry or Department or central body or regional office or district-based office shall not be transferred to any body or office lower than that in the post of same class unless such employee requests for such transfer voluntarily.
(13) Notwithstanding anything contained in this Rule, no civil employee shall be so transferred or so posted as to remain under an employee junior to him or her in any circumstance other than where the period of departmental punishment imposed on him or her has not expired or where he or she requests for such transfer or posting voluntarily.
(14) Notwithstanding anything contained in this Rule, after the requisition form for the fulfillment of any vacant non-gazetted and classless posts has been filled in and sent, such posts shall not be fulfilled by making transfer thereto.
(15) Anybody making transfer of civil employees or giving consent for such transfer shall make criteria to that effect and make decision accordingly.
(16) The criteria prepared pursuant to Sub-rule (15) shall be made public.
(17) The format of application form for transfer shall be as set forth in Schedule-9.