दफा १८
Power To Make Transfer
(1) The civil employees shall be transferred as per Sub-section (3) in order to provide them, inter alia, with experience of different geographical regions of the The proviso Omitted by the First Amendment.
country; and the Authority shall have the powers to make such transfer.
Provided that,
(a) The Ministry of General Administration shall transfer the civil employees of one Ministry or
Departments or Offices thereunder to another Ministry or Departments or Offices thereunder.
(b) The Office of Financial Comptroller General shall make transfer of the employees of the
accounts group under the administrative service.
(2) Notwithstanding anything contained elsewhere in this Section, Government of Nepal shall make transfer or posting of the gazetted special class employees, on recommendation of the committee chaired by the Minister for General Administration, and comprising the Chief Secretary of Government of Nepal and the
Secretary at the Ministry of General Administration as its members.
In cases where recommendation is to be made also for the transfer of the Secretary at the Ministry of General Administration, the Secretary at the Office of the Prime Minister and Council of Ministers shall, instead of the Secretary at the Ministry of General Administration, take part at the meeting of that committee as its
member.
(3) While transferring the civil employee, other than the civil employee who is holding the post rendering expert service and there is no post and office relating to his/her service, group or sub-group any where else at the local level and the special class and gazetted first class employee, the concerned Authority must make transfer
generally once a year, specifying the period in the transfer letter as follows, in accordance with the time schedule as prescribed:
(a) Transfer of an employee who has already served in an office in the geographical region of class
“a” and “b” for a period of at least one and half year to an office in the geographical region of
class “c” and “d” for at least two years,
(b) Transfer of an employee who has already served in an office in the geographical region of class
“b” and “c” for a period of at least two years to an office in the geographical region of class “a”
and “b” for at least two years,
Explanation: For purposes of this Sub-section, “One year” means a period of continuous
attendance of at least Two Hundred Thirty Three days.
(4) Notwithstanding anything contained in Sub-section (3), in the following circumstances, a civil employee may, prior to the expiration of the period specified in his/her transfer letter, be transferred, with the consent of the Ministry of General Administration:
(a) Where the medical board prescribed by Government of Nepal recommends that any civil employee in service in any place has been disabled and his/her treatment cannot be done in that place,
(b) Where special responsibility is to be assigned to any civil employee,
(c) Where departmental action is to be taken against any civil employee,
(d) Where it is not appropriate to keep on any civil employee in the office where he/she is serving,
(e) Where, because of the reduction in any position of the civil service, an employee serving in that
position becomes redundant (Phajil) and there is no situation where that employee can be adjusted
even in any other office in the same District,
(f) Where non-gazetted and classless civil employees are to be transferred to such place as
is convenient to their abode or adjacent thereto.
(5) While making transfer pursuant to Sub-section (2), the civil employee spouses, if both of them are in the government service, shall, to the extent of availability of vacant posts, be sent to the same District.
(6) In cases where there is no office in the geographical region pursuant to Sub-section (3) whereto transfer is to be made respectively or there is no office with a post of the concerned service, group or sub-group or the employee serving the post of the office in the geographical region whereto transfer is to be made has
not completed the prescribed service period, transfer may be made to an office in the geographical region whereto the employee has to be transferred thereafter.
(7) Notwithstanding anything contained elsewhere in this Section, no non-gazetted and classless civil employee to be
appointed after the commencement of this Sub-section shall be transferred to elsewhere until ten years, other than the offices within the same Zone for which he/she has been recommended by the Public Service Commission.
(8) If any civil employee is transferred prior to the expiry of the period as referred to in this Section owing to any circumstance other than that where departmental action has to be taken, such amount as prescribed shall be provided to such a civil employee to make arrangements in the new place except the condition of Clause
(c) of Sub-section (4).
Provided that, in cases where any employee is transferred at his/her own request or transferred to any institution within the Kathmandu Valley or to any office within the District headquarters
of the same District, such an amount shall not be provided.
(9) Notwithstanding anything contained elsewhere in this Section, in cases where any employee who is on study leave or is under ipso facto suspension or is on leave for a period exceeding Six months or is deputed elsewhere for a period exceeding Three months or deputed for special works or deputed for any special project
implementation has a lien in a District level office, his/her lien shall be shifted to a central level body in the special post, with the consent of the Ministry of General Administration.
(10) Notwithstanding anything contained in Sub-clause (a) and (c) of Sub-section (3), the Ministry of General Administration may transfer a civil employee of any Ministry and Department or
Office thereunder to any other Ministry and Department or Office thereunder.
(11) Notwithstanding anything contained elsewhere in this Section, the non-gazetted or classless employee shall not be transferred without completion of the duration specified in this Section except where departmental action is to be taken or a recommendation is made by the medical board on the ground of health or an application is made by the employee himself/herself.
(12) The Authority shall take departmental action against the office-bearer who makes transfer in contravention of this Section; and the Ministry of General Administration may cancel such transfer.
(13) Other provisions relating to transfer shall be as
prescribed.
country; and the Authority shall have the powers to make such transfer.
Provided that,
(a) The Ministry of General Administration shall transfer the civil employees of one Ministry or
Departments or Offices thereunder to another Ministry or Departments or Offices thereunder.
(b) The Office of Financial Comptroller General shall make transfer of the employees of the
accounts group under the administrative service.
(2) Notwithstanding anything contained elsewhere in this Section, Government of Nepal shall make transfer or posting of the gazetted special class employees, on recommendation of the committee chaired by the Minister for General Administration, and comprising the Chief Secretary of Government of Nepal and the
Secretary at the Ministry of General Administration as its members.
In cases where recommendation is to be made also for the transfer of the Secretary at the Ministry of General Administration, the Secretary at the Office of the Prime Minister and Council of Ministers shall, instead of the Secretary at the Ministry of General Administration, take part at the meeting of that committee as its
member.
(3) While transferring the civil employee, other than the civil employee who is holding the post rendering expert service and there is no post and office relating to his/her service, group or sub-group any where else at the local level and the special class and gazetted first class employee, the concerned Authority must make transfer
generally once a year, specifying the period in the transfer letter as follows, in accordance with the time schedule as prescribed:
(a) Transfer of an employee who has already served in an office in the geographical region of class
“a” and “b” for a period of at least one and half year to an office in the geographical region of
class “c” and “d” for at least two years,
(b) Transfer of an employee who has already served in an office in the geographical region of class
“b” and “c” for a period of at least two years to an office in the geographical region of class “a”
and “b” for at least two years,
Explanation: For purposes of this Sub-section, “One year” means a period of continuous
attendance of at least Two Hundred Thirty Three days.
(4) Notwithstanding anything contained in Sub-section (3), in the following circumstances, a civil employee may, prior to the expiration of the period specified in his/her transfer letter, be transferred, with the consent of the Ministry of General Administration:
(a) Where the medical board prescribed by Government of Nepal recommends that any civil employee in service in any place has been disabled and his/her treatment cannot be done in that place,
(b) Where special responsibility is to be assigned to any civil employee,
(c) Where departmental action is to be taken against any civil employee,
(d) Where it is not appropriate to keep on any civil employee in the office where he/she is serving,
(e) Where, because of the reduction in any position of the civil service, an employee serving in that
position becomes redundant (Phajil) and there is no situation where that employee can be adjusted
even in any other office in the same District,
(f) Where non-gazetted and classless civil employees are to be transferred to such place as
is convenient to their abode or adjacent thereto.
(5) While making transfer pursuant to Sub-section (2), the civil employee spouses, if both of them are in the government service, shall, to the extent of availability of vacant posts, be sent to the same District.
(6) In cases where there is no office in the geographical region pursuant to Sub-section (3) whereto transfer is to be made respectively or there is no office with a post of the concerned service, group or sub-group or the employee serving the post of the office in the geographical region whereto transfer is to be made has
not completed the prescribed service period, transfer may be made to an office in the geographical region whereto the employee has to be transferred thereafter.
(7) Notwithstanding anything contained elsewhere in this Section, no non-gazetted and classless civil employee to be
appointed after the commencement of this Sub-section shall be transferred to elsewhere until ten years, other than the offices within the same Zone for which he/she has been recommended by the Public Service Commission.
(8) If any civil employee is transferred prior to the expiry of the period as referred to in this Section owing to any circumstance other than that where departmental action has to be taken, such amount as prescribed shall be provided to such a civil employee to make arrangements in the new place except the condition of Clause
(c) of Sub-section (4).
Provided that, in cases where any employee is transferred at his/her own request or transferred to any institution within the Kathmandu Valley or to any office within the District headquarters
of the same District, such an amount shall not be provided.
(9) Notwithstanding anything contained elsewhere in this Section, in cases where any employee who is on study leave or is under ipso facto suspension or is on leave for a period exceeding Six months or is deputed elsewhere for a period exceeding Three months or deputed for special works or deputed for any special project
implementation has a lien in a District level office, his/her lien shall be shifted to a central level body in the special post, with the consent of the Ministry of General Administration.
(10) Notwithstanding anything contained in Sub-clause (a) and (c) of Sub-section (3), the Ministry of General Administration may transfer a civil employee of any Ministry and Department or
Office thereunder to any other Ministry and Department or Office thereunder.
(11) Notwithstanding anything contained elsewhere in this Section, the non-gazetted or classless employee shall not be transferred without completion of the duration specified in this Section except where departmental action is to be taken or a recommendation is made by the medical board on the ground of health or an application is made by the employee himself/herself.
(12) The Authority shall take departmental action against the office-bearer who makes transfer in contravention of this Section; and the Ministry of General Administration may cancel such transfer.
(13) Other provisions relating to transfer shall be as
prescribed.