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(e) if he or she dies.
(7) 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:
(a) holding a maste r's degree from a recognized university,
(b) not being a member of any political party at the time of
appointment,
(c) having attained the age of forty five years, and
(d) being of high moral character.
(8) The remuneration and other conditions of service of the
Chairperson and the m embers of the Publi c Service Commission shall be as
provided for in the Federal l aw. The remuneration and conditions of service of
the 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.
(9) A person once appoin ted as the Chairperson and the m embers of
the Public Service Commission shall not be eligible for ap pointment in other
government service.
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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 subj ect, 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 : (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.
Explanation : For the p urposes of this Article, "positions in the Civil
Service" mean s 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 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 pur poses 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 uni versity 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 l aw or formed by the
Government of Nepal.
(3) The Public S ervice Commission shall be consulted on the general
principles to be followed in the course of making appointment and promotion
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to any position of the Nepal army, Nepal Police, Armed Poli ce Force, Nepal
and other Federal government service s.
(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;
(b) the principles to be followed in making appointments to,
promotions to, the Federal Civil Service or positions thereof
and taking departmental action;
(c) matters concerning the suitability of an y candidate for
appointment to the Federal Civil Service position for a period
of more than six months;
(d) 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
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position in the Federal Civil Service or from a position in the
Federal Civil Service to a State Civil Service,
(e) 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 S ervice
Commission; and
(f) matters relating to departmental action against any employee
of the Federal Civil Service.
(7) Notwithstanding an ything contained in clause (6 ), matters falling
within the jurisdiction of the Judicial Service Commission under A rticle 15 4
shall be governed by that Article.
(8) 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.
(9) Other functions, duties and powers and rules of procedure of the
Public Service Commission shall be as provided for in the Federal l aw.
244. Provisions r elating to State Public Service Commission : (1) Each State shall
have a State Public Service Commission.
(2) The f unctions, duties and powers of the State Public Service
Commission shall be as provided for in the State l aw.
(3) The Federal Parliament shall by law determine grounds and
standards for the purposes of clause (2 ).