Article 243 Part 23 •Part 23 – Public Service Commission

Article 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:

(a)
matters concerning the law relating to the conditions of service of the Federal Civil Service,
(b)
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,
(c)
matters concerning the suitability of any candidate for appointment to a Federal Civil Service position for a period of more than six months,
(d)
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.
(e)
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
(f)
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.

Article 243 – Functions, duties and powers of the Public Service Commission

Related Provisions & Cross-References

Article 154 – Judicial Service Commission

Article 238 – Commission for the Investigation of Abuse of Authority

Article 239 – Functions, duties and powers of the Commission for the Investigation of Abuse of Authority

Article 240 – Auditor General