Commissions and Oversight

Public Service Commission

The commission governing public service recruitment and administration.

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Article 241. Functions, Duties and Powers of Auditor-General

(1)The accounts of all Federal and Provincial Government Offices including the Office of the President, Office of the Vice-President, Supreme Court, Federal Parliament, Provincial Assembly, Provincial Government, Local Level, Constitutional Bodies and Offices thereof, Courts, Office of the Attorney General, Nepal Army, Nepal Police and Armed Police Force, Nepal shall be audited by the Auditor-General in accordance with law, having regard to, inter alia, the regularity, economy, efficiency, effectiveness and the propriety thereof.
(2)The Auditor General shall be consulted in the matter of appointment of an auditor to carry out the audit of a corporate body of which the Government of Nepal or Provincial Government owns more than fifty percent of the shares or assets. The

Auditor General may also issue necessary directives setting forth the principles for carrying out the audit of such corporate body.

(3)The Auditor General shall, at all times, have power to examine any books of accounts for the purpose of carrying out the functions referred to in clause (1). It www.lawcommission.gov.np shall be the duty of the concerned chief of office to provide all such documents and information as may be demanded by the Auditor General or any of his or her employees.
(4)The accounts to be audited pursuant to clause (1) shall be maintained in the form prescribed by the Auditor General, as provided for in the federal law.
(5)In addition to the accounts of the offices referred to in clause (1), federal law may also require the accounts of any other offices or bodies to be audited by the

Auditor General. www.lawcommission.gov.np

Article 242. Public Service Commission (1) There shall be a Public Service Commission of Nepal,

consisting of the Chairperson and four other Members.

(2)The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and Members.
(3)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 years or more in any government service, and the rest of the Members shall be appointed from amongst the persons who hold reputation after having conducted research, studies, teaching or any other significant work in the field of science, technology, art, literature, law, public administration, sociology or other sphere of national life.

(4)The term of office of the Chairperson and Members of the Public Service

Commission shall be six years from the date of appointment.

(5)The Chairperson and Members appointed pursuant to 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.

(6)Notwithstanding anything contained in clause (4), the office of the

Chairperson or a Member of the Public Service Commission shall fall vacant in any of the following circumstances: -

(a)In case he or she tenders resignation in writing to the President;
(b)In case he or she attains the age of sixty-five years;
(c)In case a motion of impeachment is adopted against him or her pursuant to Article 101;
(d)In case he or she is removed from the office by the President on recommendation of the Constitutional Council on grounds of his or www.lawcommission.gov.np her inability to hold office and discharge the functions due to physical or mental illness;
(e)In case he or she dies.
(7)A person shall be eligible to be appointed as the Chairperson or a member of the Public Service Commission in case he or she possesses the following qualifications:-
(a)One who has acquired a Master's degree from a recognized university;
(b)One who is not a member of any political party at the time of appointment;
(c)One who has attained the age of forty-five years; and
(d)One who bears high moral character.
(8)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 of the Chairperson and the Members of the Public Service Commission shall not be altered to their disadvantage, so long as they hold office.

Provided that this provision shall not apply in cases where a state of emergency is declared because of extreme economic disarrays.

(9)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.

Article 243. Functions, Duties and Powers of 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 the positions in the Civil Service. www.lawcommission.gov.np

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.

(2)The Public Service Commission shall conduct written examinations to be held 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 Teacher Service Commission, or a Commission, Corporation, Authority, Body, Academy, Board, Centre, Council and other body corporate of similar nature established under federal law or formed by the Government of Nepal.

(3)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.
(4)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.
(5)No permanent appointment to any pensionable position chargeable on the

Government of Nepal shall be made except in consultation with the Public Service Commission.

(6)The Public Service Commission shall be consulted on the following subjects: -
(a)Matters concerning the law relating to the conditions of service of the Federal Civil Service;