दफा ७
Fulfillment Of Vacancy In Civil Service
(1) The posts of Gazette special class of the civil service shall be fulfilled pursuant to Section 19 and following posts shall be fulfilled as follows:
2) The employees serving in the post of Bahidar or equivalent thereto of the non-gazetted forth class at the time of
commencement of this Section shall ipso facto be settled into non- gazetted third class from the date of commencement of this Section.
(3) Notwithstanding anything contained in Clauses (c) of Sub- section (1), if any post of non-gazetted third class is not held by any civil employee, that post shall ipso facto lapse. If the employee holding the post of non-gazetted third classes has completed such service period and possesses such minimum educational qualifications as required for the post to which he/she is to be promoted, he/she 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 shall ipso facto lapse after such promotion to the higher post.
(4) The Government of Nepal shall specify the classless postsinto those of main workers and assistant workers by a Notification in the Nepal Gazette.
(5) The posts falling vacant at the time of commencement of this Section and the classless posts with duties of assistant workers specified pursuant to Sub-section (4) falling vacant after the commencement of this Section shall ipso facto lapse. The concerned office shall inform the Civil Employees Records Office to terminate
such posts. The duties of such posts shall be contracted out to any person or institution by making a contract with such person or institution and with specification of the minimum salary.
(6) Out of the posts to be filled up through internal competitive examination as referred to in Clause (d) of Sub-section (1), the non-gazetted second class posts shall be filled up through open competition from amongst the employees who are serving in non-gazetted third class and classless posts and have obtained
minimum educational qualification and minimum service period .
(7) Notwithstanding anything contained in Sub-section (1), in order to make inclusive the civil 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) Adiwasi/Janjati -Twenty Seven Percent
(c) Madhesi -Twenty Two Percent
(d) Dalit – Nine Percent
(e) Disabled (differently able)- 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, Adiwasi/Janajati, Madhesi,
and Dalit who are backward economically and socially.
(8) Notwithstanding anything contained elsewhere in this Section, the posts of the percentage determined pursuant to Clause
(e) of Sub-section (7) shall be filled up through competitive examination between such disabled only as may be specified for any specific nature of work.
(9) While determining the percent pursuant to Sub-section (7), 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.
(10) If no appropriate candidate is available from the advertisement for a post set aside pursuant to Sub-section (7) 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.
(11) The provisions for the fulfillment of posts through the percent determined pursuant to Sub-section (7) shall be reviewed in every Ten years.
(12) If there arises any dispute on the determination of posts as per the percent as referred to in Sub-section (7), the decision made by the Public Service Commission shall be final.
(13) Notwithstanding anything contained elsewhere in this Section, the Government of Nepal may, by a Notification in the Nepal Gazette, specify the post that can be competed only be women for any specific nature of function or post.
(14) Notwithstanding anything contained elsewhere in this Section, permanent appointment may be made by way of a competitive examination, between such women candidates only,
specified by the Public Service Commission to the prescribed post for one time after the commencement of this Section as have obtained necessary minimum qualification for any post and have worked for at least five years temporarily in the permanent post of the women development program operated by a governmental body.
(15) The posts to be filled up through the adjustment of work performance and experience pursuant to Sub-section (1) shall be adjusted on the basis of seniority from amongst the employees who are promoted as per Section 24D1.
(16) The minimum qualification required for the post of gazetted second and first class to be filled up through open
competition pursuant to Clauses (f) and (g) 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.
(17) Other provisions relating to the fulfillment of vacancies in the civil service and fulfillment of expert posts shall be as prescribed.
2) The employees serving in the post of Bahidar or equivalent thereto of the non-gazetted forth class at the time of
commencement of this Section shall ipso facto be settled into non- gazetted third class from the date of commencement of this Section.
(3) Notwithstanding anything contained in Clauses (c) of Sub- section (1), if any post of non-gazetted third class is not held by any civil employee, that post shall ipso facto lapse. If the employee holding the post of non-gazetted third classes has completed such service period and possesses such minimum educational qualifications as required for the post to which he/she is to be promoted, he/she 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 shall ipso facto lapse after such promotion to the higher post.
(4) The Government of Nepal shall specify the classless postsinto those of main workers and assistant workers by a Notification in the Nepal Gazette.
(5) The posts falling vacant at the time of commencement of this Section and the classless posts with duties of assistant workers specified pursuant to Sub-section (4) falling vacant after the commencement of this Section shall ipso facto lapse. The concerned office shall inform the Civil Employees Records Office to terminate
such posts. The duties of such posts shall be contracted out to any person or institution by making a contract with such person or institution and with specification of the minimum salary.
(6) Out of the posts to be filled up through internal competitive examination as referred to in Clause (d) of Sub-section (1), the non-gazetted second class posts shall be filled up through open competition from amongst the employees who are serving in non-gazetted third class and classless posts and have obtained
minimum educational qualification and minimum service period .
(7) Notwithstanding anything contained in Sub-section (1), in order to make inclusive the civil 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) Adiwasi/Janjati -Twenty Seven Percent
(c) Madhesi -Twenty Two Percent
(d) Dalit – Nine Percent
(e) Disabled (differently able)- 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, Adiwasi/Janajati, Madhesi,
and Dalit who are backward economically and socially.
(8) Notwithstanding anything contained elsewhere in this Section, the posts of the percentage determined pursuant to Clause
(e) of Sub-section (7) shall be filled up through competitive examination between such disabled only as may be specified for any specific nature of work.
(9) While determining the percent pursuant to Sub-section (7), 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.
(10) If no appropriate candidate is available from the advertisement for a post set aside pursuant to Sub-section (7) 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.
(11) The provisions for the fulfillment of posts through the percent determined pursuant to Sub-section (7) shall be reviewed in every Ten years.
(12) If there arises any dispute on the determination of posts as per the percent as referred to in Sub-section (7), the decision made by the Public Service Commission shall be final.
(13) Notwithstanding anything contained elsewhere in this Section, the Government of Nepal may, by a Notification in the Nepal Gazette, specify the post that can be competed only be women for any specific nature of function or post.
(14) Notwithstanding anything contained elsewhere in this Section, permanent appointment may be made by way of a competitive examination, between such women candidates only,
specified by the Public Service Commission to the prescribed post for one time after the commencement of this Section as have obtained necessary minimum qualification for any post and have worked for at least five years temporarily in the permanent post of the women development program operated by a governmental body.
(15) The posts to be filled up through the adjustment of work performance and experience pursuant to Sub-section (1) shall be adjusted on the basis of seniority from amongst the employees who are promoted as per Section 24D1.
(16) The minimum qualification required for the post of gazetted second and first class to be filled up through open
competition pursuant to Clauses (f) and (g) 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.
(17) Other provisions relating to the fulfillment of vacancies in the civil service and fulfillment of expert posts shall be as prescribed.