Nepal 2015 Constitution (reviewed 2016)

PART 23. Public Service Commission

242. Public Service Commission

1. There shall be a Public Service Commission of Nepal consisting of a Chairperson and four other members.
2. The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members of the Public Service Commission.
3. At least fifty percent of the total number of members of the Public Service Commission shall be appointed from among persons who have worked for twenty years or more in any government service, and the rest of the members shall be appointed from among persons who have done research, investigation, teaching or any other significant work in fields such as 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 other members of the Public Service Commission shall be six years from the date of appointment.
5. The Chairperson and members appointed pursuant to clause (2) shall not be eligible for reappointment.Provided that nothing in this Clause shall be deemed to be a bar to the appointment of a member of the Public Service Commission as Chairperson thereof, and when a member is so appointed as the Chairperson, her/his term of office shall be computed so as to include her/his tenure as member as well.
6. Notwithstanding anything contained in Clause (4), the office of Chairperson or other members shall be deemed vacant in the following circumstances:-
   1. if she/he submits a written resignation to the President,
   2. if she/he attains the age of sixty-five,
   3. if a resolution of impeachment is passed against her/him as per Article 101,
   4. If she/he is removed by the President on the recommendation of Constitutional Council for being unable to discharge the duties of her/his office due to physical or mental illness, or
   5. if she/he dies.
7. A person who possesses the following qualifications is eligible to be appointed as the Chairperson and member of the Public Service Commission:
   1. holds a post-graduate degree from a recognized university,
   2. is not a member of any political party immediately before appointment,
   3. has attained the age of forty five years, and
   4. possesses high moral character.
8. The remuneration and other conditions of service of the Chairperson and members of the Public Service Commission shall be as determined by law. The remuneration and other conditions of service of the Chairperson and members of the Public Service Commission shall not, so long as they hold office, be altered to their disadvantage.Provided that this provision shall not apply in the case of declaration of a State of Emergency due to extreme economic breakdown.
9. A person who has been the Chairperson and the member of the Public Service Commission shall not be eligible for appointment in other Government service.Provided that, nothing in this Clause shall be deemed to 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.

243. Functions, duties and powers of the 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 Civil Service positions.Explanation: For the purposes of this Article, “Civil Service positions” shall mean positions of all services of the Government of Nepal, except Army and Federal Police or Armed Police, and such other services and positions as are excluded from the Civil Service or positions by Act.
2. In addition to the Civil Service, provisions shall be made in the law for the Public Service Commission to conduct the written examinations for the recruitment in the Nepalese Army, Nepal Police or Armed Police Force, or federal government services or corporate bodies.Explanation: For the purpose of this Article, the words “corporate bodies” shall mean any corporate body including corporation, company, bank, committee, commissions to be formed under a Federal law, authority, academy, board, center, council and similar institution in which the Government of Nepal owns and controls more than fifty percent of the shares or assets, other than a University and Teachers Service Commission.
3. Consultation with the Public Service Commission shall be made on matters concerning general principles to be followed while promoting a person holding a position of Nepal Army, Nepal police, Armed Police Force, Nepal and of other federal government services.
4. Consultation with the Public Service Commission shall be made on matters concerning general principles to be followed while formulating laws concerning terms and conditions of services of any corporate body including promotion and departmental actions.
5. No permanent appointment shall be made in a position which entitles to pension from Nepal government except on the recommendation of the Public Service Commission.
6. The Public Service Commission shall be consulted on the following subjects:
   1. matters concerning the law relating to the conditions of service of the Federal Civil Service,
   2. the general principles to be followed in the course of appointment to, promotion to, and departmental action concerning therein, the Federal Civil Service or positions therein,
   3. matters concerning the suitability of any candidate for appointment to a Federal Civil Service position for a period of more than six months,
   4. matters concerning the suitability of any candidate for transfer or promotion from one kind of Federal Civil Service to another kind of Federal Civil Service or from any other Government Service to the Federal Civil Service or for changing the service or translocation from the Civil Service Position of any Province to Federal Civil Service position or from Federal Civil Service position to the Provincial Civil Service.
   5. 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
   6. matters relating to departmental actions proposed against any Federal Civil Servant.
7. Notwithstanding anything contained in Clause (6), matters falling within the purview of the Judicial Service Commission pursuant to Article 154 shall be governed by that Article.
8. The Public Service Commission may delegate any of its functions, duties and powers to any members of the commission, a committee of such members or any employee of the Government of Nepal, to be exercised and followed in compliance with specified conditions.
9. Subject to this Constitution, other functions, duties and working procedures of the Public Service Commission shall be as determined by Federal law.

244. Provision related to Provincial Public Service Commission

1. There shall be a Provincial Public Service Commission in every Province.
2. The formation, functions, duties and powers of the Provincial Public Service Commission shall be determined as provided for in the Provincial law.
3. For the purpose of clause (2), the Federal Parliament by making a law, shall determine the bases and criteria.