Service on Contract Basis Rules, 2026 (1970)

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Service on Contract Basis Rules, 2026 (1970)  Date of Publication in the Nepal Gazette
2026.10.6 (19 Jan. 1970)

Amendment
Service on Contract Basis (First Amendment)
Rules, 2031 (1974) 2031/5/17 (2 Sept. 1974)
The Government of Nepal, having exercised the power conferred by  Section 2 of the Administrative Procedure (Regulations) Act, 2013 (1956) has  enacted the following Rules:

1. Short title and commencement :

(1) These Rules may be called as  “Service on Contract Basis Rules, 2026 (1970)”.
(2) These Rules shall come into force immediately.

2. One may be got involved in work by concluding contract :

(1) The  Government of Nepal, in case of occurring a particular situation mentioned  in Rule 3, may get involved a person in work by concluding contract.
(2) Such contract can be concluded for Two years only in the  maximum, and the duration of contract may be extended once for Two  years more if necessary.
Provided that, In the case of occurring a special circumstance an expert may be got  involved in work on contract basis for the period up to Five years at a time.

(3) The Government of Nepal, while concluding contract, shall  clearly mention the functions and duty of the person to be involved in work,  his remuneration and emoluments, duration of employment and other terms  and conditions of service in the contract having duly signed by the Officer  getting involved in work on behalf of the Government of Nepal and one  copy of the contract shall be given to him and one copy shall be kept in the  concerned office.

3. Circumstances to get involved in work on contract basis :

Not any  person can be got involved in work on contract basis except the case of  occurrence of the following circumstances:-
(a) In the case of unavailability of an appropriate person within the  concerned civil service of the Government of Nepal for accomplishment of a particular function of the Government of  Nepal.
(b) In the case of unavailability of a capable government official to hold  the function of an expert employee of the Government of Nepal after his retirement and his being specially necessary to hold the job.

4. Disqualification for getting involved in work on contract basis :
Any person mentioned below cannot deemed as qualified to get involved in  work on contract basis.
(a) One being convicted of criminal offence of moral turpitude from the  court.
(b) One dismissed from service on condition to be generally disqualified for the government service in the future.

5. To be obtained consultation to get involved in work on contract  basis :

In the situation of necessity to get involved a person in work under  Rule 2, consultation of the Ministry of General Administration and the  Public Service Commission should have been obtained by mentioning the
situation and reason to get involved in work prior to getting involved in
work.
6. Other terms and conditions to be prescribed in the contract :

While  concluding a contract under Rule 2 the following terms and conditions also,  in addition to the other matters, should have been prescribed in the said contract:-
(a) The person involved in the work on contract basis should abide by the code of conduct mentioned in Rule 9.1, 9.2, 9.5, 9.6., 9.7, 9.9, 9.10, 9.11, 9.12, 9.13, 9.14, 9.16, 9.17, 9.18, 9.19, 9.20 and 9.21 of Chapter 9 of the 2 Civil Service Rules, 2021 (1964).
(b) The Government of Nepal may terminate the contract in the case if  the person involved in the work on contract basis fails to follow the conduct mentioned in Clause (a) or fails to fulfill his prescribed  responsibility or commits corruption or commits the criminal  offence of moral turpitude or consumes alcoholic liquor once and  again during the official hours, and
(c) In the case of resulting any loss to the Government of Nepal because of accomplishing any act against the terms and conditions of the contract by the person involved in work on contract basis or  committing any irresponsible act by him, the compensation thereof may be recovered from him.

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(Source: Nepal Law Commission)

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