THE Civil Servants Contribution Fund (Operation) Regulation, 2069 BS-2012

[vc_custom_heading text=”1. Short Title And Commencement” use_theme_fonts=”yes” el_id=”1_short_title_and_commencement”][vc_column_text](1) These Rules may be called the”Civil Servants’ Contribution Fund (Operation) Regulation, 2069 B.S.(2012)”
(2) This Regulation will come into force at once[/vc_column_text][vc_custom_heading text=”2. Definitions” use_theme_fonts=”yes” el_id=”2_definitions”][vc_column_text]Unless the subject or context otherwise requires, in this
Regulation,–
(a) “Central Committee” means the Central Committee constitutedpursuant to Rule 5.
(b) “Fund” means the Civil Servants’ Contribution Fund as referredto in Rule 3.
(C) “District Committee” means the District Committee constitutedpursuant to Rule 8.[/vc_column_text][vc_custom_heading text=”3. Establishment Of Fund” use_theme_fonts=”yes” el_id=”3_establishment_of_fund”][vc_column_text](1) A Fund called as the Civil Servants’Contribution Fund has hereby been established.
(2) The Fund as referred to in sub-rule (1) shall consist of thefollowing amount of money:
(a) Any amount of money to be contributed by a civilservant on a voluntary basis,
(b) Any amount of money to be received from theGovernment of Nepal,
(c) Any amount of money to be received from anational organization, institution, person or retiredcivil servant,
(d) Any amount of money to be received from aninternational organization, institution, a foreigngovernment or a person,
(e) Any amount of money to be received from anyother source.
(3) Before receiving any amount of money as referred to in clause(d) of Sub-rule (2), it will be required to get the prior approval of theMinistry of Finance, the Government of Nepal.
(4) The amount of money as referred to in Sub-rule (2) shall bedeposited, by opening a separate account, into a Bank as designed by theCentral Committee and which has obtained a license in accordance withthe existing laws relating to financial institutions.
(5) The Account of the Fund shall be operated by the jointsignatures of the Chairperson and the Member-Secretary of the CentralCommittee.[/vc_column_text][vc_custom_heading text=”4. Money To Be Collected In The Fund” use_theme_fonts=”yes” el_id=”4_money_to_be_collected_in_the_fund”][vc_column_text](1) A Civil Servant maycontribute, on a voluntary basis, a sum of at least one hundred rupees
from the amount of salary received by him in the month of Srawan (July)of each year.
(2) The amount of money collected in the central-level officespursuant to Sub-rule (1) shall be deposited in theAccount as referred toin Sub-rule (4) of Rule 3.
(3) The amount of money collected in the District-level officespursuant to Sub-rule (1) shall be, by opening a non-operating account,deposited into a Bank as designated by the District Committeeconcerned and which has obtained a license in accordance with theexisting laws relating to financial institutions.
(4) The District Treasury Control Office of the district concernedshall make the necessary arrangement in matters relating to the depositof the collected amount of money pursuant to Sub-rules (2) and (3) intothe Account of the Fund as referred to in Sub-rule (4) of Rule 3.
(5) The central agencies and offices located at the District shallinform the Central Committee and the District Committee concernedrespectively of the details of the amount of money to be deposited
pursuant to Sub-rule (4).[/vc_column_text][vc_custom_heading text=”5. Constitution Of Central Committee” use_theme_fonts=”yes” el_id=”5_constitution_of_central_committee”][vc_column_text](1) There shall be a CentralCommittee at the Centre consisting of the following for the management
and operation of the Fund:
(a) Secretary, Ministry of GeneralAdministration -Chairman
(b) Secretary, Ministry of Finance or a JointSecretary designated by him or her -Member
(c) Secretary, Ministry of Law, Justice,ConstituentAssembly and Parliamentary Affairs ora Joint Secretarydesignatedby him orher -Member
(d) Secretary, Ministry of Education or aJoint Secretary designated by him or her -Member
(e) Secretary, Ministry of Physical Planning,works and Transport Management or aJoint Secretary designated byhimor her -Member
(f) Comptroller-General or a JointComptrollerGeneral designated by him or her, Officeof the Comptroller General -Member.
(g) Chairperson of the official Trade Unionof the Civil Servants or a representativedesignated by him or her -Member
(h) Joint Secretary, Ministry ofGeneral Administration -Member-Secretary
(2) Notwithstanding anything contained in Clause (g) of Sub-rule
(1), pending the formation of an official Trade Union of the CivilServants, the Chairperson of the Central Executive Committee of theTrade Union of the national-level Civil Servants or a representativedesignated by him or her may be invited, as a member, to participate in ameeting of the Central Committee.[/vc_column_text][vc_custom_heading text=”6. Meeting And Decision Of The Central Committee” use_theme_fonts=”yes” el_id=”6_meeting_and_decision_of_the_central_committee”][vc_column_text](1) A meeting of the Central Committee shall be held, as may be required, at such date, time and place as may be fixed by the Chairperson.
(2) The Member-Secretary of the Central Committed shall berequired to notify all the members along with the agenda of the meetingat least twenty four hours before a meeting of the Central Committee is
held.
(3) A quorum of a meeting of the Central Committee shall bedeemed to have been constituted if at least fifty percent of the total members of the Central Committee are present therein.
(4) A meeting of the Central Committee shall be chaired by theChairperson, and if he or she is absent, it shall be chaired by a memberselected from among themselves by the members of the Committee
present in the meeting.
(5) All questions in a meeting of the Central Committee shall bedecided by a majority of votes and in the event of an equality of votes,the person chairing the meeting shall have a casting vote.
(6) The Central Committee may, as may be required, invite anyemployee or official of the Government of Nepal or any other person toa meeting of the Committee as an observer.
(7) A decision of the Central Committee shall be certified by theMember-Secretary of the Central Committee.
(8) Other procedure relating to the meetings of the CentralCommittee shall be as determined by the Central Committee on its own.[/vc_column_text][vc_custom_heading text=”7. Functions, Duties And Powers Of The Central Committee” use_theme_fonts=”yes” el_id=”7_functions,_duties_and_powers_of_the_central_committee”][vc_column_text]Thefunctions, duties and powers of the Central Committee shall be as
follows:
(a) To identify the areas of contribution to be made from the proceedsof the Fund,
(b) To make the necessary policy in respect of contribution to bemade from the proceeds of the Fund,
(c) To approve the annual budget, plans and programmes of the Fund,
(d) To launch or cause to be launched employees’ contributionprogrammes,
(e) To give necessary instructions to the District Committee,
(f) To release, as may be required, any amount of money to theDistrict Committee from the Fund,
(g) To keep the books and accounts of the Fund up-to-date,
(h) To perform any other function associated with the Fund.[/vc_column_text][vc_custom_heading text=”8. Constitution Of District Committee” use_theme_fonts=”yes” el_id=”8_constitution_of_district_committee”][vc_column_text](1) There will be a District Committee in each District, consisting of the following, in order to extend
the necessary assistance to the cooperation programmes as fixed by theCentral Committee.
(a) Chief District Officer, DistrictAdministration Office -Chairperson
(b) Local Development Officer, District Development Committee -Member
(c) District Education Officer, DistrictEducation Office -Member
(d) District Engineer, District TechnicalOffice -Member
(e) Chairperson of the district-levelofficial Trade Union of the CivilServants -Member
(f) The Chief, District TreasuryControl Office -Member-Secretary
(2) Notwithstanding anything contained in Clause (e) of Subrule(1), pending the formation of a District-level official Trade Unionof the Civil Servants, the Chairperson or the Executive Committee ofthe District-level Trade Union of the Civil Servants of his or herrepresentative may be invited to a meeting of the District Committee
to participate as an observer.
(3) The Secretariat of a District Committee shall be located in the District Treasury Control Office.[/vc_column_text][vc_custom_heading text=”9. Meetings And Decisions Of District Committee” use_theme_fonts=”yes” el_id=”9_meetings_and_decisions_of_district_committee”][vc_column_text](1) A meeting of aDistrict Committee will be held as may be required.
(2) A meeting of a District Committee shall be held at such date,time and venue as fixed by the Chairperson.
(3) A quorum of the meeting of a District Committee shall bedeemed to have been consisted if at least more than fifty percent of thetotal members of the District Committee are present therein.
(4) All questions in a meeting of a District Committee shall bedecided by a majority of votes and in the event of equality to votes, theperson chairing the meeting shall have a casting vote.
(5) A District Committee may, as may be required, invite any employee, official or person to its meeting to participate as an observer.
(6) A District Committee may, on its own, determine the otherproceedings relating to its meeting.[/vc_column_text][vc_custom_heading text=”10. Functions, Duties And Powers Of District Committee” use_theme_fonts=”yes” el_id=”10_functions,_duties_and_powers_of_district_committee”][vc_column_text]A DistrictCommittee shall have the following functions, duties and powers:
(a) To facilitate to make deposits into the Fund,
(b) To make arrangements to cause to deposit the monies collected from the offices located in the District into an account asdesignated by the Central Committee,
(c) To prepare monthly details of the monies collected from the offices located in the District and send the same the Central Committee,
(d) To identify any area of possible cooperation of contribution in theDistrict and forward the same to the Central Committee by formulating programmes of contributions,
(e) To send to the Central Committee the annual progress reportwithin thirty five days after the end of a fiscal year,
(f) To perform any other function as may be assigned by the CentralCommittee.[/vc_column_text][vc_custom_heading text=”11. Utilization Of Proceeds Of The Fund” use_theme_fonts=”yes” el_id=”11_utilization_of_proceeds_of_the_fund”][vc_column_text](1) Proceeds of the Fund shall beutilized for the following activities in such manner as to serve the   interest of the citizens of the economically, socially and culturally disadvantaged classes, communities and ethnic groups and those of the remote and backward areas:
(a) For carrying out any immediate relief programme in an emergency situation wherever such activities  are carried out with the involvement of Civil Servants,
(b) For facilitating in the rehabilitation work of persons suffered from a natural or man- made calamity,
(c) For carrying out various training programmes on skill development,
(d) For making available essential social services such as education, health, drinking water or protecting
the environment,
(e) For extending the necessary cooperation in any other area of contribution as deemed appropriate by
the Central Committee.
(2) Notwithstanding anything contained in Sub-rule (1), nothing herein will prevent from utilizing the proceeds of the Fund in any welfare activity of the Civil Servants.
(3) The functions as referred to in Sub-rule (1) may be performed in collaboration with any governmental entity, non-governmental organization or institution or community.
(4) The Central Committee shall make public the details of any plan and programme approved by the Central Committee as referred to in Sub-rule (1) and any amount of money appropriated for that purpose.[/vc_column_text][vc_custom_heading text=”12. District Committee To Submit Annual Programme” use_theme_fonts=”yes” el_id=”12_district_committee_to_submit_annual_programme”][vc_column_text](1) A DistrictCommittee shall, subject to Rule 11, be required to make annul  programmes of the areas in its District that may be funded by the contribution and submit it to the Central Committee.
(2) The Central Committee may approve an annual programme submitted by a District Committee pursuant to Sub-rule (1) taking into consideration the condition of the Fund and the priority areas to be  funded by the contribution.
(3) The Central Committee shall make available to the District Committee concerned an approved programme as referred to in Sub-rule
(2) and the funding required for implementing the programme. The District Committee shall carry out the programme subject to the approved programme.
(4) Proceeds received to carry out a programme approved by the Central Committee shall be deposited into a Current Account of a Bank having obtained a license of “A” class in accordance with the laws relating to Banks and financial institutions in such manner as to be  operated the Account jointly by the signatures of the Chairperson and
the Member-Secretary of the District Committee.
(5) A District Committee should make expenditures for any approved programme from the Account as referred to in Sub-rule (4).
(6) Notwithstanding anything contained in this Rule, nothing herein will prevent the Central Committee to carry out an employee contribution programme on its own.[/vc_column_text][vc_custom_heading text=”13. Audit And Auditing” use_theme_fonts=”yes” el_id=”13_audit_and_auditing”][vc_column_text](1) The account of the incomes and expenditures  of the Fund shall be maintained in a format as followed by the
Government of Nepal.
(2) Auditing of the Fund shall be carried out by the Auditor- General or an Auditor designated by him or her.[/vc_column_text][vc_custom_heading text=”14. Publication Of Annual Report” use_theme_fonts=”yes” el_id=”14_publication_of_annual_report”][vc_column_text]14. Publication of Annual Report: The Central Committee shall publish its  annual report of its activities within three months from the end of a fiscal year.[/vc_column_text][vc_custom_heading text=”15. Secretariat” use_theme_fonts=”yes” el_id=”15_secretariat”][vc_column_text](1) There shall be a Secretariat of the Central Committee in the Ministry of General Administration.
(2) The Ministry of General Administration shall make available  employees that may be required for the Secretariat.[/vc_column_text][vc_custom_heading text=”16. Government Of Nepal To Give Instructions” use_theme_fonts=”yes” el_id=”16_government_of_nepal_to_give_instructions”][vc_column_text](1) The Government of Nepal may, on matters of operation of the Fund, give instructions to the  Central Committee, as may be required.
(2) It shall be the duty of the Central Committee to follow the instructions given pursuant to Sub-rule (1).[/vc_column_text][vc_custom_heading text=”17. Power To Make Guidelines And Enforce Them” use_theme_fonts=”yes” el_id=”17_power_to_make_guidelines_and_enforce_them”][vc_column_text]The Central Committee may, in order to regulate the business of the Fund, make Guidelines, as  may be required and enforce them.[/vc_column_text][vc_column_text]

(Source: Nepal Law Commission)

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