Nepal 2006 Constitution (reviewed 2012)

Part 13. PUBLIC SERVICE COMMISSION

125. Public Service Commission

1. There shall be a Public Service Commission of Nepal, consisting of the Chairperson and such number of other Members as may be required.
2. The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson 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 amongst the persons who have worked for at least twenty years in any government service, and the rest of the Members shall be appointed from amongst the persons, who have done research, investigation, teaching or any other significant work in the field of science, technology, art, literature, law, public administration, sociology or any other sphere of national life and who hold a high reputation.
4. The term of office of the Chairperson and the Members of the Public Service Commission shall be six years from the date of appointment, subject to Sub-clause (a) of the proviso to Clause (8).Provided that
   1. if, before the expiry of his or her term, the Chairperson or a Member of the Public Service Commission attains the age of sixty-five years, he or she shall retire .
   2. the Chairperson or a Member of the Public Service Commission may be removed from his or her office on the same ground and in the same manner as has been set forth for the removal of a Judge of the Supreme Court.
5. The office of the Chairperson or a Member of the Public Service Commission shall be deemed vacant in any of the following circumstances:
   1. if he or she tenders resignation in writing to the President
   2. if, pursuant to Clause (4), his or her term expires or he or she ceases to hold his or her office; or
   3. if he or she dies.
6. No person shall be eligible to be appointed as the Chairperson or a Member of the Public Service Commission unless he or she possesses the following qualification:
   1. holds a Master’s Degree from a university recognized by the Government of Nepal-,
   2. is not a member of any political party immediate before appointment;
   3. has attained the age of forty five years-, and
   4. possesses high moral character.
7. The remuneration and other conditions of service of the Chairperson and the Members of the Public Service Commission shall be as determined by law. The remuneration and other conditions of service of the Chairperson 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 as the Chairperson or a Member of the Public Service Commission shall not be eligible for appointment in any other government service.Provided that
   1. nothing in this Clause shall be deemed to be a bar to the appointment of a Member of the Public Service Commission as its 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.
   2. 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.

126. Functions, duties and powers of Public Service Commission

1. It shall be the duty of the Public Service Commission to conduct examinations for the selection of suitable candidates to be appointed to the positions in the civil service.Explanation: For the purposes of this Article, all services or positions in the Government of Nepal, other than the services and positions of army officers or soldiers and of armed police and police personnel and such other services and positions as are excluded by an Act from the civil service or positions thereof, shall be deemed to be the civil service or positions thereof.
2. No permanent appointment to any pensionable position in the civil service shall be made except in consultation with the Public Service Commission.
3. The Public Service Commission shall be consulted:
   1. on matters concerning the law relating to the conditions of service of the civil service;
   2. on the general principles to be followed in making appointment and promotion to the civil service or positions thereof and in taking departmental action;
   3. on matters concerning the suitability of any candidate for appointment to a civil service position for a period of more than six months;
   4. on matters concerning the suitability of any candidate for transfer or promotion from one service to another with the civil service or from any other government service to the civil service;
   5. on matters concerning the, permanent transfer or promotion of any employee working in any position which does not require consultation with the Public Service Commission to any position which requires consultation with the Public Service Commission; and
   6. on matters relating to departmental action proposed against any civil servant.
4. Notwithstanding anything contained in Clause (3), matters falling within the purview of the Judicial Service Commission pursuant to Article 114 shall be governed by that Article.
5. The Public Service Commission shall be consulted on the general principles to be followed in the course of making appointment and promotion to any position of the military service, armed police service or police service or other government service.
6. If any public corporate body intends to seek advice of the Public Service Commission on the laws in force relating to the conditions of service of the employees in the service of such body and on the general principles to be followed in the course of making appointment and promotion to any position of such service and in taking departmental action against any such employee, the Public Service Commission may advise on such matters.Explanation: For the purposes of this Article, the expression “public body” shall mean any corporate body of which the Government of Nepal owns or controls fifty percent or more of the shares or assets.
7. 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 the Government of Nepal as to be exercised and complied with subject to the specified conditions.
8. Subject to this Constitution, other functions, duties and Rules of procedure of the Public Service Commission shall be as determined by law.

127. Annual report

1. The Public Service Commission shall, every year, submit to the President; an annual report on the works it has performed, and the President82 shall arrange to submit such report to the Legislature-Parliament, through the Prime Minister.
2. The annual report to be submitted pursuant to Clause (1) shall set out, inter alia, the details of examinations conducted by the Public Service Commission to select candidates throughout the year, details of examinees who have passed such examinations, details of advice made to various corporate bodies, details of advice made in relation to departmental action and punishment proposed to be taken against and imposed on civil servants, statements whether such advice has been complied with, details of advice, if any, made in relation to the general principles to be followed while making appointment and promotion to any position of any government service and while taking departmental action concerning such position and details of future reforms to be made in the field of civil service.