Article 101 Public Service Commission
(1) There shall be a Public Service Commission of the Kingdom of Nepal consisting of a Chairman and such number of other members as may be required.
(2) His Majesty shall, on the recommendation of the Constitutional Council, appoint the Chairman and other members of the Public Service Commission.
(3) At least fifty percent of the total number of the members of the Public Service Commission shall be appointed from persons who have worked for ten or more than ten years in any government office, and the rest of the members shall beappointed from persons, who have done research, investigation, teaching or any other significant work in such as like science, art, literature, law or any other sphere of national life and who hold a high reputation.
(4) The term of office of the Chairman and the members of the Public Service Commission shall be six years from the date of appointment. They shall be eligible for reappointment: Provided that: -
- if before the expiry of his term, the Chairman or a member of the Public Service Commission attains the age of sixty five, he shall retire.
- the Chairman and the members of the Public Service Commission may be removed from their offices on the same grounds and in the same manner as has been set forth for removal of a Judge of the Supreme Court.
(5) The office of the Chairman or a member of the Public Service Commission shall be deemed vacant in the following circumstances:
- if he dies; or
- if his resignation submitted to His Majesty in writing is accepted by Him; or
- if pursuant to clause (4) his term expires or he is removed from his office.
(6) No person shall be eligible to be appointed as the Chairman or a member of the Public Service Commission unless he:
- holds a Post Graduate Degree from a university recognised by His Majesty's Government;
- is not a member of any political party immediately before appointment; and
- has attained the age of forty five.
(7) The remuneration and other conditions of service of the Chairman and the members of the Public Service Commission shall be as determined by law. The remuneration and other conditions of service of the Chairman and the members of the Public Service Commission shall not, so long as they hold office, be altered to their disadvantage.
(8) Any person once appointed to the office of the Chairman or a member of the Public Service Commission shall not be eligible for appointment in other Government Service: Provided that: -
- nothing in this clause shall be a bar to appointment of a member of the Public Service Commission as Chairman thereof, and when a member is so appointed as the Chairman, his term of office shall be computed as to include his term as member; and
- nothing in this clause shall be a bar to appointment to any position of a political nature, or to any position which has the responsibility of submitting advice, opinions or recommendations after carrying out studies or research on any subject.
Article 102 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 posts.
Explanation: For the purposes of this Article, all services and positions in His Majesty's Government shall be deemed included within the Civil Service, except Army Officers and Soldiers, the service and positions of Police Personnel, and such other services and positions as are excluded from the Civil Service or positions by any law.
(2) Permanent appointment to any position in the Civil Service which carries the benefit of pension shall not be made except in consultation with the Public Service Commission.
(3) The Public Service Commission shall be consulted on the following subjects: -
- matters concerning the law relating to the conditions of service of the Civil Service;
- the general principles to be followed in the course of appointment to, promotion to, and departmental action concerning the Civil Service or positions;
- matters concerning the suitability of any candidate for appointment to a Civil Service position for a period of more than six months;
- matters concerning the suitability of any candidate for transfer or promotion from one service to another within the Civil Service or from any other Government Service to the Civil Service;
- matters concerning the permanent transfer or promotion of any employee, working in any position of an organisation 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
- matters relating to departmental actions proposed against any Civil Servant.
(4) Notwithstanding anything contained in clause (3), matters falling within the purview of the Judicial Service Commission pursuant to Article 94 of this Constitution shall be governed by that Article.
(5) The Public Service Commission may delegate any of its functions, duties and powers to any of its members, a committee of such members or any employee of His Majesty's Government, to be exercised and complied with subject to the specified conditions.
(6) Subject to this Constitution, other functions, duties and working procedures of the Public Service Commission shall be as regulated by law.
(7) Each year, the Public Service Commission shall submit to His Majesty an annual report on the works it has performed. His Majesty shall cause such report to be laid before Parliament.
