About health service act of Nepal

1. Nepal Health Service Act 2053
Date of Authentication:-
2053/11/15 (16 February 1997)
Presenter:
Deepak Pandey
Nobel College
Sinamangal Kathmandu

2. Why Health Service Act in Nepal
• Health service is different then other service it
is directly linked with the life of people.
• Health service required to people any time (24
hours)
• Health service is a emergency services

3. Objective of health service act of
Nepal
1. To fulfill the vacant post of health services
2. To Motivate employee of health service
3. To establish code of conduct and disciplinary
action of HRH
4. Provision of gratuity, pension for employee
after retirement

4. Amendments of Health Service Act
of Nepal
1. Nepal Health Service (1st Amendment) Act, 2055:
2055/10/27 (10th Feburary1999)
2. Health Related Some Nepal Acts Amendment Act,
2058 : 2058/5/6 (22nd August 2001)
3. Nepal Health Service (2nd Amendment) Act, 2058:
2058/7/22 (7th November 2001)
4. Nepal Health Service (3rd Amendment) Act, 2063:
2063/8/22 (8th December 2006)
5. Republic Strengthening and Some Nepal Laws
Amendment Act, 2066: 2066/10/7 (21st Jan 2010)
6. Nepal Health Service (4th Amendment) Act, 2070:
2070/12/12 (26th March 2014)

5. Chapter of health service act 2053
There are 11 chapter of health service act of Nepal:-
• Chapter 1 Preliminary
• Chapter 2 Constitution of health service (स्वास््य सेवा को गठन)
• Chapter 3 Fulfillment of vacancy of health service
• Chapter 4 Transfer, deputation (काज) and promotion
• Chapter 5 Provisions relating to nomination for study and training
• Chapter 6 Salary, allowance, festival expenses and other facilities
• Chapter 7 Retirement, gratuity and pension
• Chapter 8 Conduct (आचरण)
• Chapter 9 Service security
• Chapter 10 Punishment and appeal (सजाय र पुनरावेदन)
• Chapter 11 Miscellaneous

6. Chapter 1 Preliminary
Preliminary section consist of:-
1. Short title and commencement (संक्षिप्त नाम र प्रारम्भ)
2. Definition of key words like health service,
employee, family, authority, head of
department, ministry etc.

7. Chapter 2 Constitution of health
service (स्वास््य सेवा को गठन)
1. Constitution of health service
2. Class and class adjustment Officer class( 6th, 7th,
8th, 9th, 10th , 11th and 12th ) Assistant class (4th
and 5th )
3. Post of Service
4. Medical system under health service
(Allopathic, Ayurveda and Homeopathy)
5. Group and sub groups

8. Chapter 3 Fulfillment of vacancy of
health service
1. Fulfillment of vacancy (पदपूक्षति)
2. Upgrading
3. Appointment on recommendation of public service commission
4. Appointment to the post of health service (क्षनयुक्षि)
5. Disqualified for appointment
6. Provision related to temporary appointment
7. Retention of lien ( पदाक्षिकार कायम रहने )
8. Acting Assignment ( कायम मुकायम )
9. Oath ( शपथ ग्रहण )
10. Provision relating to posting ( पदस्थापन )
11. Probation period (पररिण काल )
12. Appointment of Secretary

9. Chapter 4 Transfer, deputation (काज) and
promotion
1. Power to make transfer and make deputation (सरुवा गने र काज मा खटाउने अक्षिकार)
2. Grounds for making transfer or making deputation (सरुवा गदाि र काजमा
खटाउदा क्षलइने आिार )
3. Transfer before completion of duration (अवक्षि पुरा नहुदै सरुवा गनि सक्षकने)
4. Other provisions relating to transfer
5. Promotion
6. Promotion committee
7. Minimum qualification and service period for promotion
8. Ineligibility for being potential candidate for promotion
9. Evaluation of work performance
10. Criteria for promotion
11. Alteration in conditions of promotion (बढुवा को शतिमा पररवतिन )
12. Change of group or sub-group

10. Chapter 5 Provisions relating to
nomination for study and training
1. Grounds for nomination for study, training or
study tour ( मनोनयन का आिारहरु )
2. Priority to be given while making nomination
3. Disqualification for nomination
4. Period for which service to be done upon
completion of study, training or study tour
5. Bond to be executed (कबुक्षलयत गनुि पने )

11. Chapter 6 Salary, allowance, festival
expenses and other facilities
1. Salary and allowance (तलब भत्ता)
2. Entitlement to earned salary and allowance ( पकाएको तलब र
भत्ता पाउने भए भत्ता समेत पाउने )
3. Crossing of efficiency bar (कायि दिता क्षसमा पार गने )
4. Salary receivable in the event of suspension (क्षनलम्बन भएमा
पाउने तलव)
5. Deposit of contribution to Employee Provident Fund
6. Festival expenses and other facilities
7. Provisions relating to insurance facility
8. Special provisions on incapable employee

12. Chapter 7 Retirement, gratuity and
pension
1. Compulsory retirement
2. Voluntary retirement
3. Gratuity (उपदान)
4. Pension
5. Increment in pension
6. Family pension and gratuity
7. Reference of salary (तलव को उल्लेख )

13. Chapter 8 Conduct (आचरण )
1. Punctuality and regularity
2. Discipline and obedience
3. Restriction on using political or undue influence
4. Restriction on taking part in politics
5. Restriction on criticizing Government
6. Restriction on publishing news relating to
governmental business
7. Restriction on receiving gift, present, donation
etc. and borrowing
8. Restriction on establishing and operating
company and carrying on trade or profession
and doing private practice

14. Conduct contd….
1. Restriction on taking part in election
2. Restriction on agitation and strike
3. Restriction on staging strike, detention and Gherao
4. Restriction on doing act recklessly or with ulterior
motive
5. Restriction on making representation
6. Membership of association
7. Statement of property
8. To keep conduct compatible with own service and
post
9. Powers to warn

15. Chapter 9 Service security
1. Security of service of employee
2. Saving of employee
3. Security of conditions of service

16. Chapter 10 Punishment and appeal
1. Punishment
2. Censure or withholding of promotion for up to Two years or
withholding of a maximum of Two salary increments
3. Removal or dismissal from service
4. Departmental punishment awarding official
5. Appeal against order of departmental punishment
6. Delegation of powers to award departmental punishment and hear
appeal
7. Powers to suspend
8. Termination of suspension
9. Providing opportunity for defense
10. To propose punishment prior to issuance of order of special
punishment
11. Seeking consultation of Public Service Commission
12. Procedures for seeking consultation of Public Service Commission
13. Not to remain in service
14. Decision not to be affected

17. Chapter11 Miscellaneous
1. Leave to which employee is entitled
2. Reward
3. Management audit
4. Change of service
5. Calculation of service period
6. Full salary and allowance to be received on
being reinstated in health service
7. Delegation of powers
8. Handing over charge
9. Power to frame Rules
10.Repeal and saving

18. Challanges
No effective evaluation of Performance appraisal
No effective motivational provision
Lengthy punishment system
No mentioned about research in health service
No responsibility according to upgrading
Some of the provision are not matched with
international practice

19. Thank You