(1) There
shall be a Public Service Commission of the Kingdom of Nepal consisting
of a Chairman and such number of other members as may be required.
(2) His
Majesty shall, on the recommendation of the Constitutional Council,
appoint the Chairman and other members of the Public Service Commission.
(3) At
least fifty percent of the total number of the members of the Public
Service Commission shall be appointed from persons who have worked
for ten or more than ten years in any government office, and the rest
of the members shall be appointed from persons, who have done research,
investigation, teaching or any other significant work in fields such
as science, an, literature, law or any other sphere of national life
and who hold a high reputation.
(4 )
The term of office of the Chairman and the members of the Public Service
Commission shall be six years from the date of appointment. They shall
be eligible for reappointment:
Provided
that-
a)if
before the expiry of his term, the Chairman or a member of the Public
Service Commission attains the age of sixty five, he shall retire.
b)the
Chairman and the members of the Public Service Commission may be
removed from their offices on the same grounds and in the so he
manner as has been set forth for removal of a Judge of the Supreme
Court.
(5) The
office of the Chairman or a member of the Public Service Commission
shall be deemed vacant in the following circumstances :
a)if
he dies; or
b)if
his resignation submitted to His Majesty in writing is accepted
by Him; or
c)if
pursuant to clause (4) his term expires or he is removed from his
office.
(6 )
No person shall be eligible to be appointed as the Chairman or a member
of the Public Service Commission unless he:
a)holds
a Post Graduate Degree from a university recognized by His Majesty's
Government;
b)(is
not a member of any political party immediately before appointment;
and
c)has
attained the age of forty five.
(7) The
remuneration and other conditions of service of the Chairman and-
the members of the Public Service Commission shall bet as determined
by law. The remuneration and other conditions of service of the Chairman
and the members of the Public Service Commission shall not, so long
as they hold office, be altered to their disadvantage.
( 8 )
A person once appointed to the office of the Chairman or a member
of the Public Service Commission shall not be eligible for appointment
in other Government Service:
Provided
that-
- nothing
in this clause shall be a bar to appointment of a member of the
Public Service Commission as Chairman thereof, and when a member
is so appointed as the Chairman, his term of office shall be computed
as to include his term as member; and
- nothing
in this clause shall be a bar to appointment to any position of
a political nature, 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, opinions or recommendations after carrying out studies
or research on any subject.
(1) It
shall be the duty of the Public Service Commission to conduct examinations
for the selection of suitable candidates to be appointed to Civil
Service posts.
Explanation:
For the purposes of this Article, all services and positions in
His Majesty's Government shall be deemed included within the Civil
Service, except Army Officers and Soldiers, the service and positions
of Police Personnel, and such other services and positions as are
excluded from the Civil Service or positions by any law.
(2) Permanent
appointment to any position in the Civil Service which carries the
benefit of pension shall not be made except in consultation with the
Public Service Commission.
(3 )
The Public Service Commission shall be consulted on the following
subjects:-
- matters
concerning the law relating to the conditions of service of the
Civil Service;
- the
general principles to be followed in the course of appointment to,
promotion to, and departmental action concerning the Civil Service
or positions;
- matters
concerning the suitability of any candidate for appointment to a
Civil Service position for a period of more than six months;
- matters
concerning the suitability of any candidate for transfer or promotion
from one service to another within the Civil Service or from any
other Government Service to the Civil Service;
- matters
concerning the permanent transfer or promotion of any employee,
working in any position of an organization which is not required
to consult with the Public Service Commission on matters of appointment,
to any
- position
for which consultation with the Public - Service Commission is required;
and
(4) Notwithstanding
anything contained in clause (3), matters falling within the purview
of the Judicial Service Commission pursuant to Article 94 of this
Constitution shall be governed by that Article.
(5 )
The Public Service Commission may delegate any of its functions, duties
and powers to any of its members, a committee of such members or any
employee of His Majesty's Government, to be exercised and complied
with subject to the specified conditions.
(6) Subject
to this Constitution, other functions, duties and working procedures
of the Public Service Commission shall be as regulated by law.
(7) Each
year, the Public Service Commission shall submit to His Majesty an
annual report on the works it has performed. His Majesty shall cause
such report to be laid before Parliament.
