Article 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 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 given for appointment to the offices of the Nepal Army, Nepal Police, Armed Police Force, Nepal, other Federal governmental services and 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.

3) The Public Service Commission shall be consulted on the general principles to be followed in the course of making appointments and promotions to any position in 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;

(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 any 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 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 Service Commission; and

(f) matters relating to departmental action against any employee of the Federal Civil Service.

7) 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.

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 law.