Every person who passes the Lok Sewa exam becomes a civil employee governed by the Civil Service Act, 2049 and the Civil Service Rules, 2050. That is why questions about services, classes, probation, conduct, punishment and retirement appear in Kharidar, Nayab Subba and Section Officer papers. This note explains the main provisions of the Act now in force in simple language.
1. The Civil Service Act and Rules
The Civil Service Act, 2049 (1993) is the main law on the formation, operation, terms and conditions of the civil service of Nepal. The details are given in the Civil Service Rules, 2050 (1993). The Act has been amended several times; the Second Amendment of 2064 (2007) made major changes such as reservation for inclusion. The civil service is a permanent service: governments change, but civil employees continue to carry out government policy.
2. Services of the civil service
Under Section 3 of the Act, the civil service is made up of the following ten services:
- Nepal Administration Service
- Nepal Engineering Service
- Nepal Agriculture Service
- Nepal Judicial Service
- Nepal Foreign Service
- Nepal Audit Service
- Nepal Forest Service
- Nepal Economic Planning and Statistics Service
- Nepal Education Service
- Nepal Miscellaneous Service
Each service is divided into groups and sub-groups; for example the Nepal Administration Service has the General Administration and Accounts groups. The Health Service and the Parliament Service are run under separate Acts.
3. Classes of posts
| Category | Class | Example post (administration) |
|---|---|---|
| Gazetted | Special class | Secretary |
| Gazetted | First class | Joint Secretary |
| Gazetted | Second class | Under Secretary |
| Gazetted | Third class | Section Officer |
| Non-gazetted | First class | Nayab Subba |
| Non-gazetted | Second class | Kharidar |
| Non-gazetted | Third to Fifth class | Lower non-gazetted posts |
The Chief Secretary is the senior-most civil employee and the head of the civil service. Gazetted posts are so called because appointments to them are published in the Nepal Gazette.
4. Recruitment, probation and promotion
- Vacant posts to be filled by open competition or internal competition are filled on the recommendation of the Public Service Commission (PSC).
- Since the Second Amendment (2064), 45 percent of the posts filled by open competition are reserved for women, Adivasi Janajati, Madhesi, Dalit, persons with disabilities and backward areas.
- Probation: a person newly appointed to a permanent post is on probation for one year if male and six months if female; after satisfactory work the appointment is confirmed.
- Promotion is decided by a promotion committee on the basis of criteria such as work performance evaluation, seniority, experience in geographical areas, educational qualification and training.
5. Conduct of civil employees
The Act lays down rules of conduct (aacharan) that every civil employee must follow. The main ones are:
| Rule | Meaning |
|---|---|
| Punctuality and regularity | Come to the office on time and do not be absent without leave |
| Discipline and obedience | Obey lawful orders of seniors and behave properly with the public |
| No political participation | Must not take part in politics or try to bring political influence |
| No criticism of the government | Must not publicly criticise government policy |
| Confidentiality | Must not reveal secret information without permission |
| No gifts or donations | Must not accept gifts or loans that affect their duties |
| No private business | Must not run a company or trade without permission |
| No strikes or pressure tactics | Must not take part in strikes or obstruct office work |
| Property disclosure | Must give details of their property as required by law |
The Act also provides various kinds of leave, such as casual, home, sick, maternity, study and extraordinary leave, under the conditions in the Act and Rules.
6. Departmental punishment
A civil employee who breaks the rules of conduct or does not perform duties properly may receive a departmental punishment (Section 59). The punishments are of two kinds:
| Kind | Punishments |
|---|---|
| Ordinary (sadharan) punishment | Censure (nasihat); withholding of promotion for up to two years or of up to two salary increments; withholding of promotion for two to five years or of two to five salary increments |
| Special (vishesh) punishment | Removal from service, without being disqualified for future government service; dismissal from service, with disqualification for future government service |
- Removal may be ordered, for example, for inability to perform duties, repeated breach of the conduct rules or discipline, frequently drinking alcohol during office hours, taking part in politics, being absent for 90 days continuously without leave, or obtaining permanent residence of a foreign country.
- Dismissal is given, for example, when an employee is convicted of a criminal offence involving moral turpitude or of corruption.
- Before a punishment is given, the employee must get a fair chance to defend himself or herself.
- An employee may appeal against an order of departmental punishment to the Administrative Court.
The Act also recognises the right of civil employees to form professional organisations and trade unions, within the limits of law. Civil Service Day is observed every year on Bhadra 22 to mark the first Civil Service Act of Nepal, enacted in 2013 BS. On that day, employees who have done outstanding work are honoured.
7. Retirement
Under the Civil Service Act, 2049, a civil employee compulsorily retires on completing 58 years of age. A civil employee who has completed a set period of service may also take voluntary retirement and receive a pension under the law. Civil employees who have completed the minimum period of service set by law are entitled to a pension, and their families may receive a family pension after their death. Retirement makes room for new, younger employees and keeps the service active.
📌 Key points to remember
- Civil Service Act 2049 (1993) and Civil Service Rules 2050 (1993) govern the civil service.
- Section 3 lists ten services, including Administration, Engineering, Agriculture, Judicial, Foreign, Audit, Forest, Economic Planning and Statistics, Education and Miscellaneous.
- Gazetted: special, first, second and third class; non-gazetted: first to fifth class.
- Section Officer is gazetted third class; Nayab Subba is non-gazetted first class; Kharidar is non-gazetted second class.
- Recruitment is on the recommendation of the PSC; 45 percent of open posts are reserved for inclusion.
- Probation: one year for men and six months for women.
- Ordinary punishments: censure and withholding of promotion or salary increments; special punishments: removal and dismissal.
- Dismissal disqualifies a person from future government service; removal does not.
- Compulsory retirement age is 58 under the current Act.
Test yourself: Civil Service of Nepal
Practise The Civil Service Act and Rules, Recruitment, probation and promotion and Retirement with 50 questions. Each attempt picks 25 at random.