Part 23 : Public Service Commission | The Constitution of Nepal 2015

Part 23
Public Service Commission

242. Public Service Commission:

There shall be a Public Service Commission of Nepal, consisting of the Chairperson and four other Members.
The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and Members.
At least fifty percent of the total number of Members of the Public Service Commission shall be appointed from amongst the persons who have worked for twenty or more in any government service, and the rest of the Members shall be appointed from amongst the persons who hold reputation after having done research, investigation, teaching or any other significant work in the field of science, technology, art, literature, law, public administration, sociology or other sphere of national life.
The term of office of the Chairperson and Members of the Public Service Commission shall be six years from the date of appointment.
The Chairperson and Members appointed under clause (2) shall not be eligible for reappointment. Provided that a Member may be appointed to the office of Chairperson, and when a Member is so appointed as the Chairperson, his or her term of office shall be so computed as to include his or her term as the Member.
Notwithstanding anything contained in clause (4), the office of the Chairperson or a Member of the Public Service Commission shall be vacant in any of the following circumstances:
1. if he or she tenders resignation in writing to the President,
2. if he or she attains the age of sixty-five years,
3. if a motion of impeachment is passed against him or her under Article 101,
4. if he or she is removed from office by the President on recommendation of the Constitutional Council on grounds of his or her inability to hold office and discharge the functions due to physical or mental illness,
5. if he or she dies.
A person shall be eligible to be appointed as the Chairperson or a member of the Public Service Commission if he or she possesses the following qualification:
1. holding a master’s degree from a recognized university,
2. not being a member of any political party at the time of appointment,
3. having attained the age of forty five years, and
4. being of high moral character.
The remuneration and other conditions of service of the Chairperson and the members of the Public Service Commission shall be as provided for in the Federal law. The remuneration and conditions of service ofthe Chairperson and the Members of the Public Service Commission shall not, so long as they hold office, be altered to their disadvantage.
Provided that this provision shall not apply in cases where a state of emergency is declared because of extreme economic disarrays.
A person once appointed as the Chairperson and the members of the Public Service Commission shall not be eligible for appointment in other government service.
Provided that nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.

243. Functions, duties and powers of the Public Service Commission:

It shall be the duty of the Public Service Commission to conduct examinations for the selection of suitable candidates to be appointed to the positions in the Civil Service.
Explanation: For the purposes of this Article, “positions in the Civil Service” means all positions in the services of the Government of Nepal, other than the positions in the services of Army personnel, Nepal Police or Armed Police Force, Nepal and such other positions in the services as are excluded by an Act from the Civil Service.
The Public Service Commission shall conduct written examinations to be given for appointment to the offices of the Nepal Army, Nepal Police, Armed Police Force, Nepal, other Federal governmental services and of bodies corporate, other than the positions in the Civil Service.
Explanation: For the purposes of this Article, “body corporate” means a corporation, company, bank or board of which more than fifty percent or more of the shares or assets is owned or controlled by the Government of Nepal, except a university or Education Service Commission, or a commission, corporation, authority, body, academy, board, centre, council and other body corporate of similar nature established under the Federal law or formed by the Government of Nepal.
The Public Service Commission shall be consulted on the general principles to be followed in the course of making appointment and promotion to any position of the Nepal army, Nepal Police, Armed Police Force, Nepal and other Federal government services.
The Public Service Commission shall be consulted on the laws relating to the conditions of service of the employees in the service of a body corporate and on the general principles to be followed in the course of making promotion to any position of such service and taking departmental action against any such employee.
No permanent appointment to any pensionable position chargeable on the Government of Nepal shall be made except in consultation with the Public Service Commission.
The Public Service Commission shall be consulted on the following subjects
1. matters concerning the law relating to the conditions of service of the Federal Civil Service;
2. the principles to be followed in making appointments to, promotions to, the Federal Civil Service or positions thereof and taking departmental action;
3. matters concerning the suitability of any candidate for appointment to the Federal Civil Service position for a period of more than six months;
4. matters concerning the suitability of any candidate for transfer or promotion from a position in one type of Federal Civil Service to a position in other type of Federal Civil Service or transfer or promotion from other government service to the Federal Civil Service or for a change in service or transfer from a position in a State Civil Service to a position in the Federal Civil Service or from a position in the Federal Civil Service to a State Civil Service,
5. matters concerning the permanent transfer or promotion of an employee working in any position which does not require consultation with the Public Service Commission to any position which requires consultation with the Public Service Commission;
  and
6. matters relating to departmental action against any employee of the Federal Civil Service.
Notwithstanding anything contained in clause (6), matters falling within the jurisdiction of the Judicial Service Commission under Article 154 shall be governed by that Article.
The Public Service Commission may so delegate any of its functions, duties and powers to its Chairperson or Member, an employee of the Government of Nepal as to be exercised and complied with subject to the specified conditions.
Other functions, duties and powers and rules of procedure of the Public Service Commission shall be as provided for in the Federal law.

244. Provisions relating to State Public Service Commission:

Each State shall have a State Public Service Commission.
The functions, duties and powers of the State Public Service Commission shall be as provided for in the State law.
The Federal Parliament shall by law determine grounds and standards for the purposes of clause (2).