health service act of nepal

1. Nepal Health Service Act, 2053 (1997)
Deepak belbase
MPH 2ND Semester
Roll no. 107

2. Amendments in the Act
1. Nepal Health Service (First Amendment) Act, 2055 (10 Feb.1999)
2. Health Related Some Nepal Acts Amendment Act, 2058 (22
Aug.2001)
3. Nepal Health Service (Second Amendment) Act, 2058 (7 Nov.
2001)
4. Nepal Health Service (Third Amendment) Act, 2063 (8 Dec. 2006)
5. Republic Strengthening and Some Nepal Laws Amendment Act,
2066 (21 Jan 2010)
2

3. Class and class adjustment:
(1) There shall be the following classes in the health service:
Officer
Twelfth
Eleventh
Tenth
Ninth
Eighth
Seventh
Sixth
Assistant
Fifth
Fourth
Third
3

4. Fulfillment of vacancy in health service:
The following posts of the health service shall be fulfilled through
open competition or promotion as follows:
By promotion
By open
competition
By evaluation of
competency
By internal
competitive
examination
(a) Fourth 100% - -
(b) Fifth 50% - 50%
(c) Sixth - 50% 50%
Seventh 100 - -
Eighth 100 - -
Ninth 10 60 30
Eleventh 10 60 30
Twelfth - 100 -
4

5. Restriction on fulfillment of vacancy:
1. No post of the health service shall be fulfilled in any manner other than
that provided for in this Act.
2. If any post in the health service becomes vacant in any manner, the
concerned body shall give information thereof to the Public Service
Commission within One month of the post being vacant.
3. The official who does not give information within that period shall be
liable to departmental action.
4. No salary shall be provided without having a salary report passed by the
Civil Employee Records Office (Nijamati Kitabkhana),
5

6. Upgrade:
The freshly appointed and posted officer Sixth level employee
and officer Seventh level medical officer, dental officer, officer
Kabiraj, integrated medical officer or other medical officer
equivalent thereto who has served for at least One year in the
most remote area or for Two years in a remote area and gained
at least excellent marks in the work performance evaluation for
Three years after the date of fresh appointment and posting shall
be upgraded to the Seventh level post and the Eighth level post,
respectively.
6

7. Upgradation not to be made:
(a) In the event of suspension, during the period of suspension,
(b) In the event of withholding of salary increment or promotion,
during the period of such withholding,
(c) In the event of suspension of name registration by the health
related council established pursuant to the prevailing law, during
the period of such suspension.
7

8. Appointment on recommendation of Public Service
Commission:
Appointment to the post required to be fulfilled by open competition or
internal competition shall be made on recommendation of the Public Service
Commission.
Appointment to the post of health service:
The Government of Nepal shall make appointment to the officer level post of
the health service; and a Notification of such appointment shall be published
in the Nepal Gazette.
The Head of Department may make appointment to the assistant level post
of the health service.
8

9. Disqualifications for being candidate:
The following persons shall not be qualified for appointment to the
post of the health service:
In the case of assistant level post, those who have not
completed the age of Eighteen years,
In the case of officer level post, those who have not completed
the age of Twenty years,
Those who have already completed the age of Forty Five years,
9

10. Contd…
Those who have not been registered in the Health Professional
Council established pursuant to the prevailing law and who
have not got such registration renewed
Those who are non-Nepalese citizens
Those who have been convicted by the court of a criminal
offence involving moral turpitude.
10

11. Probation period:
While making fresh appointment to any permanent post of the
health service, such appointment shall be made on probation
for a period of Six months in the case of a female employee and
that of One year in the case of a male employee.
 If his or her performance is not satisfactory during the
probation period, his or her appointment may be canceled.
11

12. Transfer, deputation and promotion
Grounds for making transfer or making deputation:
 The employees shall be transferred to the most remote,
remote and non remote areas in order to provide them with
experience of different geographical regions of the country.
No employee shall generally be transferred until the employee
completes at least One year in the most remote area or at least
Two years in the remote area.
12

13. Contd…
"One year“ means a period of continuous attendance of at
least Two Hundred Thirty Three days.
No employee shall be deputed to any office for more than
Thirty days in a year.
In cases where an employee is deputed for a period more than
that, the salary and allowances, if any, payable for the of
deputation so made in excess shall be recovered by deducting
the same from the salary and allowances receivable by the
authority making such deputation.
13

14. An employee may be deputed for a period of more than Thirty
days, in any of the following circumstances:
For the treatment of an infectious disease or natural calamity or
taking part in any training, seminar, symposium or national
programme upon being nominated by the Government.
For appointing him or her as acting in any post
To perform the functions of the Chief of Office or Unit Office
where the vacant post of such Chief cannot be filled
immediately.
14

15. Promotion:
Promotion to the officer level post of the health service shall be
made on recommendation of the promotion committee formed
pursuant to Section 25.
Promotion committee:
Chairperson of the Public Service Commission or Member of the
Public Service Commission designated by him or her – Chairperson
Chief Secretary - Member
Expert in the concerned subject nominated by the public Service
Commission - Member
Secretary at the Ministry of Health - Member-
15

16. Minimum qualification and service period for
promotion
In order to be a candidate for promotion, an employee must
have completed the service period of Three years in the post
that is One class below the class of the post to which
promotion is made and possessed the educational
qualifications as prescribed.
An employee who has completed Ten years in the Fifth level
may be a candidate for promotion despite that the employee
does have the educational qualification prescribed for the
Fifth level.
16

17. Ineligibility for being potential candidate for
promotion:
In the event of suspension, during the period of suspension,
In the event of withholding of promotion, during the period
of withholding,
In the event of withholding of increment in salary, during the
period of withholding
In the event of suspension of registration of an employee by
a health related professional council formed pursuant to the
prevailing law, during the period of such suspension,
17

18. Criteria for promotion:
The promotion committee shall recommend an employee for
promotion based on his or her work efficiency.
In evaluating the work efficiency of the employee, a maximum
of 100 marks shall be granted as follows:
For work performance evaluation -Forty marks
For seniority -Twenty marks
For service in geographical region -Twenty Five marks
For educational qualification and training -Fifteen marks
18

19. Provisions relating to nomination for
study and training
Grounds for nomination for study, training or study tour:
Giving priority to the requirements prescribed for nomination for
scholarship received for study, training or study tour, based on
priority from amongst the employees who secure higher marks for
educational qualifications, seniority, experience of service in
geographical region and work performance evaluation
Those who have not crossed the age of Forty Five years in the case
of study of bachelor, master or any educational degree.
19

20. Priority to be given while making nomination:
In making nomination of employees for a study, training or study
tour abroad, generally those employees who have not got an
opportunity of have foreign study; training or study tour shall be
nominated based on the priority as follows:
The assistant Fifth level, officer Sixth, Seventh and Eighth level
employees for study,
The employees of officer Ninth level and below for training,
Generally, the Chief of Office, employees of officer Tenth level
and above as per the previously determined programme for
study tour.
20

21. Disqualification for nomination:
The following employees shall not be eligible to be
nominated for study or training:
Those who are not potential candidates for promotion
A freshly appointed and posted employee of officer level who
has not served in the most remote area for at least One year
or in remote area for at least Two years.
21

22. Period for which service to be done upon
completion of study, training or study tour:
Period of study, training or Minimum
period for which study tour
Up to Three months
From Three months to Six months
From Six month to Nine months
From Nine months to One year
From One year to Two years
From Two years to Three years
Minimum period for which
service to be done
One year
One and half year
Two years
Three years
Four years
Five years
22

23. Salary, allowance, festival expenses
and other facilities
Salary and allowance:
The salary and allowances receivable by the employees for their
service in the health service shall be as prescribed by the
Government of Nepal from time to time.
Salary receivable in the event of suspension:
If any employee is suspended in connection with any governmental
business or as a result of an action taken on behalf of the
Government of Nepal, such employee shall receive only half of his
salary during the period of such suspension.
23

24. Deposit of contribution to Employee Provident Fund:
An amount at the rate of Ten percent of the monthly salary of the
employee shall be deducted, and the Government of Nepal shall,
adding the amount of One Hundred percent thereof to such amount,
deposit the total amount in the Employee Provident Fund.
Festival expenses and other facilities:
An employee of the health service shall, each year, receive an amount
equivalent to the salary of One month being earned by him or her as
the festival expenses, for a festival which he or she observes according
to his or her religion, culture and traditions.
24

25. Provisions relating to insurance facility:
1. If an employee dies while in service, his or her near heir shall be provided with
a lump sum of One Hundred Fifty Thousand Rupees for insurance.
2. The Government of Nepal shall establish a fixed term (Sabadhik) life insurance
fund.
A sum of Two Hundred Rupees shall be deducted from the monthly salary of each
employee and deposited in that fund, and the Government of Nepal shall add the
amount equal thereto and make the Twenty-year term life insurance for the
insured sum of One Hundred Thousand Rupees.
From the amounts deposited in that insurance fund, the insured sum and bonus
shall be paid to the employee at the time of his or her retirement.
25

26. Special provisions on incapable employee:
If the medical board formed by the Government of Nepal
certifies that any employee is not capable because of a
physical or mental disease to carry out functions regularly, the
Government of Nepal may retire him or her by adding a
maximum service of Seven years to his or her service period.
26

27. Retirement, gratuity and pension
Compulsory retirement:
Any employee who has completed the age of Sixty years or
the tenure as referred to in Section 19 shall ipso facto retire
from the service.
if the Government of Nepal needs the expert service, it may
add the service period of an employee who retires on
completion of the age of Sixty years, for maximum period of
Three years.
27

28. Voluntary retirement:
Any employee who is eligible to receive pension and has
completed the age limit of Fifty years may voluntarily retire
from the service on such terms and within such period as set
forth and specified in a Notification published by the
Government of Nepal in the Nepal Gazette.
28

29. Gratuity:
1. In the case of the employee who has served in the health
service from Five years to Ten years, half the last month's
salary for each year of his or her service,
2. In the case of the employee who has served in the health
service for more than Ten years up to fifteen years, the last
one month's salary for each year of his or her service,
3. In the case of the employee who has served in the health
service for more than Fifteen years but less than Twenty
years, the last one and half month's salary for each year of
his or her service.
29

30. Pension:
An employee who has been in the health service for a period of
Twenty years or more shall be entitled to a monthly pension at the
following rate:
Total year of service * amount of the last salary
50
The minimum amount of pension shall not be less than half the
amount of basic figure of salary of the incumbent employee of the
same post and more than the basic scale of the incumbent
employee of the same post
30

31. If any employee who has completed a service period of
Fifteen years but not Twenty years dies, a maximum period of
Five years shall be added to his or her service period, and his
or her family shall be allowed to receive either pension or
gratuity, whichever that family chooses.
Increment in pension:
Where the salary of the incumbent employee is increased,
Two-third amount of the increment in the basic figure of
salary shall also be added to the amount of pension of the
retired employee of the same post.
31

32. Conduct
Punctuality and regularity:
Each employee must attend his/her office regularly during the time
appointed by the Government of Nepal and must not remain absent
from the duty without having prior sanction of leave as far as possible.
Discipline and obedience:
An employee must remain in discipline and perform his/her duties
with honesty and promptness.
An employee must show due respect to all the employees superior
to him or her and treat his or her subordinate employees properly.
32

33. Restriction on using political or undue influence:
Restriction on taking part in politics:
Restriction on criticizing Government:
Restriction on publishing news relating to governmental
business:
Restriction on receiving gift, present, donation etc. and
borrowing:
Restriction on taking part in election:
33

34. Restriction on establishing and operating company and
carrying on trade or profession and doing private practice:
Restriction on agitation and strike:
Restriction on doing act recklessly or with ulterior motive:
Restriction on making representation:
Membership of association:
No employee shall, without prior approval of the Government of
Nepal, become a member of any kind of organization, other than a
professional organization registered pursuant to the prevailing law.
34

35. Service security
Security of service of employee:
No employee, other than the following employee, shall be
removed or dismissed from the service :
Who has been convicted by a court of a criminal offence
involving moral turpitude,
Who is holding a temporary post,
Whose name registration has been cancelled by the health
related professional council established pursuant to the
prevailing law.
35

36. Saving of employee:
No case may be instituted against any employee in respect of
any government business performed by him/her considering it
to be the carrying out of the duties of his/her post, without
fulfilling the procedures as mentioned in Sub-section (2).
In order to institute a case against any employee pursuant to
Sub-section (1), an approval of the Attorney General shall be
required in the case of a state case and that of the Authority
shall be required in respect of the other case
36

37. Punishment and appeal
Ordinary Punishment
Censure,
Withholding of promotion for up to Two years,
Withholding of a maximum of Two salary increments,
Withholding of promotion for up to Five years,
Withholding of a maximum of Five salary increments,
Demoting to the basic scale of the post.
37

38. Special punishment:
Removal from service, without being disqualified for
government service in the future.
Dismissal from service, with being disqualified for government
service in the future.
38

39. Censure or withholding of promotion for up to Two years
or withholding of a maximum of Two salary increments:
If he or she commits breach of discipline for more than One time,
If he or she violates the matters relating to conduct mentioned in
this Act and the Rules framed hereunder,
If he or she fails to hand over the charges pursuant to the prevailing
law,
If he or she is given warning for up to Two times a year under
Section 68,
If he or she fails to settle advances pursuant to the prevailing law,
39

40. Withholding of promotion for up to Five years or
withholding of a maximum of Five salary increments or
demoting to the basic scale of the post:
If he or she frequently commits breach of discipline,
If he or she fails to fulfill the duties of the post specified by
this Act or the prevailing law in a responsible manner,
If he or she fails to observe any direction given in respect of
irregularities found from management audit.
40

41. Removal or dismissal from service:
If he or she frequently violates the matters relating to conduct,
If he or she frequently consumes alcoholic substances during
the office hours,
If he or she is given censure for more than Two times in
relation to failure to maintain discipline and obedience
If he or she absents himself or herself from his or her office
continuously for Ninety days without having sanction of a leave
41

42. An employee may be dismissed from service, with being
disqualified for the health service in the future, in any of the
following circumstances:
If he or she is convicted by a court of a criminal offence
involving moral turpitude.
If he or she commits corruption.
42

43. Leave to which employee is entitled:
Type of leave Official empowered to approve
Casual and festival leave Chief of concerned Office
Home leave Chief of concerned Office
Sick leave Chief of concerned Office
Maternity leave Chief of concerned Office
Obsequies leave Chief of concerned Office
Study leave Government of Nepal
Extra-ordinary leave Government of Nepal
Substitution leave Chief of concerned Office
Additional service leave Chief of concerned Office
43

44. Casual leave and festival leave:
Each employee shall be entitled to get a leave of Twelve days in each
year consisting of a casual leave of Six days and a festival leave of Six
days.
Home leave:
Every employee shall be entitled to the home leave at the rate of One
day for every Twelve days of the period of work performed by him or
her.
Sick leave:
Every employee shall be entitled to get a sick leave of Twelve days in
each year. (2) The employees shall be entitled to get full salary while
going on the sick leave.
44

45. Maternity leave:
In cases where a female employee becomes pregnant,
she shall be entitled to a maternity leave of Sixty days
before or after delivery.
A female employee going on the maternity leave shall be
entitled to get full salary.
The maternity leave shall be given only for Two times
during the service period.
45

46. Period of absence not to be included in service
period:
Any employee who does not attend his or her office without
obtaining a leave shall be marked with absentee and his or her
salary shall be deducted and he or she shall also be liable to
departmental punishment.
No official shall allow an employee who remains absent for a
period of more than Sixty consecutive days without having a
leave sanctioned to make attendance.
46

47. Reward:
A reward of Five salary increments shall be given to an employee
who has secured most excellent marks in the work performance
evaluation form pursuant to the Rules framed under this Act
continuously for the minimum service period required for
becoming a potential candidate for promotion to the post that is
one level higher than the level in which the employee is
incumbent but he or she has not been able to get place in
promotion.
47

48. Management audit:
Except in the matters within the domain of the Public Service
Commission, the Ministry of General Administration may
supervise, monitor and evaluate as to whether the employees in
service in different bodies of the Ministry of Health have abided
by the prevailing law and other administrative Rules and
procedures and give direction
48

49. Critics of Health Act [ Discussion ]
Any act or rules can be criticized on the following criteria :
P- POLICY
R- RESOURCES
E- ENVIRONMENTAL
M- MECHANISM
O- ORGANIZATIOAL
49

50. Advantages of Act
This Act has been passed with a view towards making
health services available in the far-flung districts of Nepal.
 It has incorporated allopathic, ayurved and homeopathy
to give equal opportunities to doctors and health workers
to provide health services and receive facilities and
benefits in return
50

51. There is some discrepancy between the Act and the Rules.
It has not address the new and emerging diseases.
It has not been able to adjust to the present constitution of
Nepal.
Not able to provide adequate motivation to the health
professionals.
Public private partnership has not been adopted.
51 Disadvantages of the Act

52. Output/outcome focused programs and interventions are
not implemented appropriately
Inadequate strategies to work out at he time of disasters,
civil unrest and political instability
Inadequate regulation over the quality of health
professionals being produced.
Inadequate participatory monitoring and evaluation
system.
52 Disadvantages of the Act

53. THANK – YOU
53