”[the
Regulation Concerning The Conduct Of Employees Of The Civil Service, 2065 B.s. (2009)” use_theme_fonts=”yes” el_id=”[the]_regulation_concerning_the_conduct_of_employees_of_the_civil_service,_2065_b.s._(2009)”][THE] Regulation Concerning the Conduct of Employees of the Civil Service, 2065 B.S. (2009)
Date of Publication in the Nepal Gazette
2065/11/19 B.S. (March 2, 2009)
In exercise of the power conferred by Section 44 of the Good Governance (Management and Operation) Act, 2064 B.S. (2007), the Government of Nepal has, by virtue of Clause (c) of Sub-section (2) of Section 23 of the said Act, made these Rules.
Chapter -1
Chapter -1 Preliminary
1. Short Title and Commencement:
(1) These Rules may be called the”Regulation Concerning the Conduct of Employees of the Civil Service,
2065 B.S. (2008).
(2) This Regulation shall come into effect at once.
2. Definitions: Unless the subject or context otherwise requires, in this Regulation,
(a) “Employee of the Civil Service” mean and include an employee working in the Civil Service in accordance with the
Civil Service Act, 2049 B.S. (1992) and an employee working in the health service in accordance with the Health Services Act, 2053 B.S. (1996).
(b) “Family” means and includes the husband, wife, son, unmarried daughter, adopted son, unmarried adopted daughter, father, mother or step mother living together with, to be looked after by, a Civil Servant and in the case of a male employee or unmarried female employee their grandfather, grandmother, and in the case of a married female employee her father-in-law and mother-in-law.
(c) “Office” means any Ministry, Secretariat, Commission or Department of the Government of Nepal or any other government agency or office there under wherein a Civil servant is working.
Chapter-2
Chapter-2 Provisions Relating to Official Conduct
3. Official Status to be Maintained:
(1) A Civil Servant shall, in discharging his official duties, always keep in mind the larger interest of the nation and the people and subject oneself to the existing laws.
(2) A Civil Servant shall, while owing allegiance to the Nepal Nation and Government, always remain alert not to do or allow to do any act in such manner as to compromise the status or dignity of his or her service.
(3) A Civil Servant shall always be positive and treat others in a polite and dignified manner for the sake of making his or her position and service dignified.
(4) A Civil Servant shall carry out his or her official duty in a prompt manner.
(5) In cases where there are separate conduct related provisions required to be followed by a serving Civil Servant, it shall be mandatory also to follow those provisions.
4. Due and Uniform Treatment to be Given:
(1) A Civil Servant shall give due and uniform treatment to all without distinction as to caste, creed, religion, language, sex, age, political or social standing, geographical factors, political affinity, access or relation, physical
condition, marital status or any of these.
5. Only Official Functions to be Performed During Office Hours: A Civil Servant shall perform only official functions in a designated place during office hours and he or she shall not, during office hours, engage oneself in personal or any other activity that is not related to a function of his or her office:
Provided that nothing herein shall prevent from imparting trainings on a subject related to his or her profession or duty in a publicly run university or any academy or educational institution imparting trainings in the public sector if such act does not hamper the work of his or her office.
6. Bar to misuse office Equipment and Facilities:
(1) No Civil Servant shall use any machinery, equipment or other sources, materials and facilities meant for the purpose of the office for personal purpose and benefit.
(2) No Civil Servant shall, except on the order of a competent authority, move any machinery, equipment or other materials and facilities meant for the purpose of the office or give any of these things to any other person for use.
(3) No Civil Servant shall misuse any right, power, privilege or facility acquired by him or her in his or her official capacity.
7. Bar to disclose or misuse Information:
(1) No Civil Servant shall disclose any information to anybody that is deemed to be confidential by the existing laws.
(2) No Civil Servant shall disclose or use, for his or her personal or family benefit or the benefit of any other person, any information or notice that has come to his or her knowledge in his or her official capacity or in the course of discharging his or her duty or by any other means, regardless of whether or not such information or notice was
made available to him or her in his or her office.
(3) No Civil Servant, other than an Office-in-Charge, Information Officer or Spokesperson, shall make public any information not yet released by his or her office:
Provided that nothing herein shall prevent from giving information that has already been made public by his or her office.
(4) While giving information to the public or to a person or civil servant in connection with the function of the office by an office, it is mandatory to give full and true information.
(5) No Civil Servant shall use any information acquired in the discharge of his or her official duties for any purpose other than the one for which such information was meant or made available.
(6) No Civil Servant, other than an Office-in-Charge, information officer or Spokesperson, shall without authorization, deliver a statement, give an interview or give information through any means of communication on any business of the office or any subject related thereto regardless of whether or not it is done on the condition of
anonymity. In giving such information or delivering such a statement or granting such an interview upon getting authorization, one should limit oneself to the facts and no personal view or opinion may be expressed on that.
8. Maintenance of Fairness in Official Duties:
(1) A Civil Servant shall discharge his or her official responsibility in a free and fair manner without being influenced by any undue influence, greed, pressure, recommendation of anybody or without prejudice and biasness to anybody and without influenced by any consideration.
(2) No Civil Servant shall do any business dealing with anybody or institution that has something to do with the business of his or her office or to accept or take any present, gift, donation from any person or institution in such manner as to affect his or her official duties and shall not engage oneself, directly or indirectly, in raising donation, gift or funding for whatever purpose.
9. Prohibition on engaging in Trade and Commercial Activities:
Except as permitted by the existing law, no Civil servant shall, individually or jointly in collaboration with any person or group, engage in any trade and commercial activities regardless of whether such activities are carried out
directly or indirectly.
10. Necessity to give information on matters of interest:
In cases where a Civil Servant has any personal interest in any matter relating to his or her office, such employee shall be required to inform the higher authority about the same.
11. Necessity to wear Identification Card, Dress:
(1) A Civil Servant shall, while on duty, wear his or her identification card conspicuously.
(2) A Civil Servant shall wear an eloquent dress.
(3) If any uniform has been prescribed for civil servants of a particular office, they shall wear such uniform on duty when they are in office and also during when they represent their office.
12. Political Neutrality to be Maintained:
(1) No Civil Servant shall engage in any activity that may promote any personal, commercial or political will of any political officials.
(2) No Civil Servant shall express any opinion in favour of or against any political party, its sister organizations or its leader nor shall a Civil Servant influence any of these in order to support or oppose. In matters of Trade Unions, it shall be dealt with as set forth in the relevant Act.
(3) A Civil Servant shall, while discharging his or her official duty, maintain political neutrality to the fullest extent.
13. Transparency to be Maintained:
A Civil Servant shall make transparent any service to be provided, supply or goods to be delivered by his or her office or the proceeding and the decision making process in the case of carrying out construction works.
14. Service Delivery:
(1) A Civil Servant shall always endeavor to carry out any responsibility entrusted to him or her in a quick, prompt, perfect and qualitative manner.
(2) A Civil Servant shall, while delivering service, give priority to the aged, the handicapped, the dismembered, a woman who has recently given birth to a child, or a pregnant woman, children and the helpless.
(3) A Civil Servant shall deliver service to his or her client on time if, for any reason, service cannot be delivered on time or if a service intended by a client is not possible to deliver, he or she shall inform the client the ground and reason thereof as soon as possible.
(4) A Civil Service shall facilitate the public to have easy and direct access to the government or public service and shall, as far as practicable, give information and advice in a simple and plain language.
(5) If any information or particular of an agency of the Government of Nepal is required in the course of delivering service to any client, the service providing employee shall arrange to ask for such information or particular through his or her office.
15. Grievance Handling:
(1) A Civil servant shall be required to be sensitive all the time towards any grievance of citizens in matters of the
services delivered by his or her office in such manner as to have less grievance as far as possible.
(2) A Civil Servant shall respond to any information sought or grievance made or application made by a person in respect of any activity or business of his or her office in an appropriate and effective manner and with due respect and on time, and a Civil Servant acting as the Chief of the respective office shall make arrangements in such
manner as to handle such grievance appropriately and effectively in a timely manner.
Chapter-3
Chapter-3 Provisions Relating to Professional Ethics
16. Knowledge of Law and Compliance:
(1) A Civil Servant shall have, as a minimum, the knowledge of all the laws that are pertinent to his or her
work.
(2) A Civil Servant shall always respect and observe the existing laws, decisions or orders of courts and decisions of the constitutional bodies and the Government of Nepal.
17. Necessity to respect the Profession:
(1) A Civil Servant shall always make efforts to make his or her profession reputed and dignified by paying respect to the profession.
(2) No expression shall be made or any information be released to the clients and the general public in such manner as to develop negative attitude towards the Civil Service.
18. Making Efforts to develop one’s capacity:
A Civil Servant shall always make efforts to develop his or her professional capacity while at the same time discharging his or her official duties.
19. Necessity to observe the conditions of professional License:
In cases where a Civil Servant is required to obtain a license to discharge his or her official duties, such a civil servant shall observe the conditions of the license.
20. Necessity to perform qualitatively:
(1) A civil servant shall perform an entrusted responsibility in an honest manner and to the best of his or her
ability and quality.
(2) A Civil Servant shall take responsibility for any act performed by him or her provided that no action may be taken against him or her in respect of acts performed in accordance with the law.
(3) A civil servant shall, while giving advice to the Government of Nepal or any other entity, do so on any subject where advice has been sought in such manner as to be compatible with the law in a fair and honest manner.
21. Observance of Professional Guidelines:
Ethical Guidelines existing in any particular profession or job shall also be required to be observed by a civil servant working in that profession or sector.
22. Instructions to be followed:
A civil servant shall follow instructions of higher authorities given in connection with the official business of the
Government or the Office in a prompt manner.
23. Financial Discipline and Maintenance of Ethics:
(1) A civil Servant shall perform his function with economy.
(2) No civil servant or a member of his or her family shall pocket or cause to pocket, abandon or misuse or cause to misuse any government fund or government or public property.
(3) No civil servant shall allow any political party or sister organization of political party or for any programme of such party or its sister organization to use any government or public property in an unauthorized manner.
Chapter-4
24. Not to be deemed to have acted in breach of conduct:
Notwithstanding anything contained elsewhere in this Regulation, the following acts shall not be deemed a violation of any conduct of this Regulation.
(a) To give a written or oral speech in his or her area of expertise and do study or teaching with prior approval if such acts are done outside office hours and without prejudice to the functioning of the office,
(b) To become a member of a professional or social institution relating to literature, art, culture, sports, knowledge science and technology and to participate in such forums,
(c) To participate, outside office hours, in meetings or seminars organized by professional unions and associations other than those organized by political parties or their sister organizations,
(d) To publish articles, write ups in such manner as not to make adverse effect on the policy, objectives, programmes, functioning and secrecy of the Government,
(e) To participate in a competition opened to all and to accept a prize, medal, certificate or commendation,
(f) To initiate necessary proceedings in offices or courts to get remedy as an aggrieved party in accordance with the laws.
Chapter-5
Chapter-5 Miscellaneous
25. Personal Conduct:
(1) A civil servant shall display due courtesy and respect towards higher authorities and behave oneself duly with
subordinate staff.
(2) No civil servant shall engage in gambling, playing cards and consume alcohol in public places or shall not do anything or display any behavior that may be deplorable in society.
(3) A civil servant shall always make efforts to enhance the faith of the public in the Government of Nepal and the Civil Service.
26. Duty to notify:
(1) If a civil servant comes to know or gets information to the effect that a person has committed or about to commit any act to harm or damage any government or public property, he or she, if it falls within his or her authority, shall make appropriate arrangement to protect the property in question and if the matter falls within the jurisdiction of some other entity or body, he or she shall inform the in Charge of such entity or office of the incident forthwith.
(2) In cases where a Civil Servant gets information to the effect that somebody is about to commit or is committing any unlawful act or criminal act, he or she shall, forthwith, inform the entity concerned or his or her Office In-Charge.
27. Power to make Extra code of conduct as per the nature of Work:
Ministries or Secretaries and their subordinate agencies performing different nature of functions shall have the power to make and enforce extra code of conduct in accordance with the nature of their work.
28. Duty of Retired Employee to observe:
(1) A retired Civil Servant shall as well observe the provisions contained in Rules 3,7,17, and 26 of this
Regulation.
(2) It will not be allowed to disclose or cause to disclose, in any manner, any unpublished information that had come to his or her knowledge in the course of discharging official duties during when he or she was in service even after his or her retirement.
29. Provision relating to Follow-up:
Each and every Ministry, Secretariat, Commission or other central-level agency, shall on a regular basis,
follow up on whether or not an employee working in or under it, has followed the provisions of this Regulation and make arrangements to take departmental actions against violators in accordance with the
existing laws.
30. Dissemination of the Regulation:
After the commencement of this Regulation, offices shall disseminate the provisions of this Regulation among their staffs.
(Source: Nepal Law Commission)
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