Special Group Personnel Administration and Management Rules, 2065 (2008)

[vc_custom_heading text=”Special Group Personnel Administration And Management Rules, 2065 (2008)” use_theme_fonts=”yes” el_id=”special_group_personnel_administration_and_management_rules,_2065_(2008)”][vc_column_text]Special Group Personnel Administration and Management  Rules, 2065 (2008)
Date of Publication in the Nepal Gazette  2065/8/23 (Dec. 8, 2008)
The Government of Nepal, having exercised the power conferred by Section  73C of the Civil Service Act, 2049 (1993) has enacted the following Rules.[/vc_column_text][vc_custom_heading text=”Chapter 1″ use_theme_fonts=”yes” el_id=”chapter_1″][vc_column_text]

Chapter 1 Preliminary
1. Short Title and Commencement:

(1) These Rules may be called ” Special Group Personnel Administration and Management Rules, 2065
(2008)”.
(2) These Rules shall be deemed of coming into force from  2064/4/1 (July 17, 2007).

2. Definition: Unless the subject or context means otherwise, in these Rules,-
(a) “Personnel” means the staff being assigned in the permanent post of the Group.
(b) “Ministry” means the Ministry of General Administration
(a) “Secretary” means the Secretary under sub-rule (2) of rule 5.
(b) “Group” means the Group recognized under rule 3.

[/vc_column_text][vc_custom_heading text=”Chapter 2″ use_theme_fonts=”yes” el_id=”chapter_2″][vc_column_text]

Chapter 2  Arrangement of Post

3. Group: There shall be a group named Special Group under  Miscellaneous Service of the Civil Service.

4. Class and Post:

(1) The personnel remaining in the then Royal Palace  Service in the time of coming into force of these Rules shall be deemed of being recognized in the Special Group of Nepal Miscellaneous Service on condition to be remained in the same class and post in which  they were remaining.
(2) Provided that a person appointed after 2063/2/4 (May 18,  2006) shall not be recognized in the Group.

5. Administration and Management of the Personnel:

The Ministry shall hold the administration and management of the personnel of the
Group.
(2) The Government of Nepal, for the purpose of administration  and management of the personnel, shall prescribe an officer among the officers assigned in the post of Gazetted Special Class of Civil Service  to work as Secretary.
(3) For the purpose of administration and management of the  personnel of the service the Secretary shall act as a Departmental Chief also.

6. Personnel Sheet-roll Form:

(1) The personnel shall fill up three  copies of sheet-roll form in the format of Schedule – 1 and submit to the
senior most officer of the Group within forty five days of publication of  these Rules in the Nepal Gazette.
(2) The Oath Taking Form in the format of Schedule -2 also  should be filled up and enclosed with the sheet-roll form under sub-rule (1).
(3) The officer mentioned in sub-rule (1) shall certify the sheet- roll form submitted under the same sub-rule within fifteen days from the  date of reception and forward one copy each of the same to the office of  the Primeminister and Council of Ministers and the Ministry of General Administration.
(4) Personnel whose sheet-roll form and oath taking form are  received within the time limit mentioned in sub-rule (3) shall be provided salary and other facilities.

7. Inquiry of the Sheet-roll:

(1) The Secretary shall make necessary inquiry upon the sheet-roll form of the personnel received under rule 6.
(2) The Secretary, while making inquiry upon the form under sub-rule (1), may ask for necessary documents and details to confirm the details mentioned in such form; and the concerned personnel and the concerned personnel certifying his form shall have responsibility to  make available such required documents and details.

8. Registration of Post:

(1) The Secretary shall make decision to register the post of the personnel whose tenure of post and limitation of
compulsory retirement are not exceeded under sub-rule (1) of rule 10  and subsection (1) of Section 33 of the Civil Service Act, 2049 (1993) while making inquiry under rule 7, in the Civil Service Registration  Office and shall certify the sheet-roll form of such personnel.
(2) The sheet-roll form of the personnel certified under sub-rule  (1) shall be forwarded to the Civil Service Registration Office for registration purpose.
(3) The Civil Service Registration Office shall register the post on the basis of the sheet-roll form received under sub-rule (2).

9. Voluntary Retirement:

Application from the personnel of the Group  may be invited for voluntary retirement by publishing a notice in the
Nepal Gazette under Section 35 of the Civil Service Act, 2049 (1993).
(2) The terms and conditions of retirement of the personnel  retiring under sub-rule (1) shall be as mentioned in the same notice.

10. Tenure:

(1) The tenure of the personnel equal to Gazetted Special  Class or above shall be five years.
(2) The tenure of the personnel equal to Gazetted Special Class or  above being in the post in the time of coming into force of these Rules  shall be calculated from the date of his appointment in the said post.

11. Dismissal of Post:

(1) In the case of vacancy of post of personnel by  any reason, such post shall ipso facto be dismissed. In a situation of
dismissal of any post, the officer under rule 6 shall make available the  details of such post to the Ministry within seven days of dismissal.
(2) Notwithstanding anything written in sub-rule (1), the posts  that are prescribed by the Government of Nepal by mentioning them as very necessary for the Group shall not be dismissed.
(3) The Secretary shall furnish the information of dismissal of  post to the Office of the Prime minister and Council of Ministers,  Ministry and Civil Service Registration Office within seven days of reception of information of such dismissal of post under sub-rule (1).

12. Transfer, Promotion and Temporary Assignment:

(1) The  personnel can be transferred and promoted to the post and quota of the  Group only.
(2) While promoting under sub-rule (1), it can be promoted only  in the post under sub-rule (2) of rule 11.
(3) The Government of Nepal can depute for temporary assignment in any governmental office by placing the lien of the personnel in the Group.

[/vc_column_text][vc_custom_heading text=”Chapter- 3″ use_theme_fonts=”yes” el_id=”chapter-_3″][vc_column_text]

Chapter- 3  Miscellaneous

13. Other Conditions and Facilities:

(1) The terms and conditions and  facilities of the personnel other than written in Chapter – 2 shall be as set
forth in the Civil Service Act, 2049 (1993) and the Civil Service Rules,  2050 (1993).
(2) The Secretary, while making decision in regard to providing the given facilities under sub-rule (1) shall have to make decision only ascertaining the fact after tallying the records and documents whether  the personnel has enjoyed such facility earlier or not.
(3) The officer under sub-rule (1) of rule 6 shall have  responsibility to make available the relevant documents and details  including the sheet-roll of the concerned personnel in course of making  decision under sub-rule (2).

14. Necessary Arrangement May be Made:

The Government of Nepal,  in case of any obstruction to implement these Rules, may make  necessary arrangement.

15. Saving:

Function and actions done and taken under the Royal Palace  Service Act, 2029 (1972) and the Rules enacted under the said Act shall  be deemed of being done and taken under these very Rules.

[/vc_column_text][vc_custom_heading text=”Schedule- 1″ use_theme_fonts=”yes” el_id=”schedule-_1″][vc_column_text]Schedule- 1
Sheet-roll Form of the Employee
(Relating to sub-rule (1) of Rule 6)
1. Name of the employee:
2. Date of birth:
3. Date of completion of 58 years of age:
4. Address:
5. Name of husband/wife if married:
6. Name of father:
7. Name of mother:
8. Name of grandfather:
9. Post of first appointment:
10. Date of first appointment:
11. Office of present assignment:
12. To be mentioned the chronological date of details of service from the  present post (in the last day of Asar 2064 (July 16, 2007) to the post of  first appointment:
13. Date of completion of 5 years from the date of promotion to the post of  special class if assigned in the said post
The aforementioned contents are true and correct. I hereby sign stating that I  shall bear and pay in accordance with the law in case of being proved my false details or intentional concealing of fact.
Signature of the employee: Signature of the certifying official:
Thumb-impressions Date:
Signature of the Secretary:
Date:
(Seal of the Office)[/vc_column_text][vc_custom_heading text=”Schedule- 2″ use_theme_fonts=”yes” el_id=”schedule-_2″][vc_column_text]Schedule- 2
(Relating to sub-rule (2) of Rule 6)
Format of Oath
I, …………………… , hereby, swear in the name of God that I, as an  employee of Government of Nepal, shall discharge the duties assigned to me faithfully to the best of my knowledge and wisdom, by being disciplined and  loyal to the country and the government, subject to the prevailing law without fear, partiality or favor, malice or greed, and that I shall not disclose to any one  other than the authorized person any governmental secrecy related with the  service which is known to me either directly or indirectly at any time,  irrespective of whether or not I remain in the service.
Oath taking employee’s: Oath taking certifying authority’s:
(a) Name: (a) Name:
(b) Signature: (b) Signature:
(c) Date: (c) Date:
(d) Service: (d) Designation:
(e) Class: (e) Office:[/vc_column_text][vc_column_text]

(Source: Nepal Law Commission)

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