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)

3 Class and class adjustment:

(1) There shall be the following classes in the health service:

OfficerTwelfth

Eleventh Tenth NinthEighth

SeventhSixth

AssistantFifth

FourthThird

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 promotionBy opencompetition

By evaluation ofcompetency

By internalcompetitiveexamination

(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 -

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),

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.

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.

8

Appointment on recommendation of Public ServiceCommission:

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.

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,

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.

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.

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.

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.

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.

15Promotion: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-

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.

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,

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

19 Provisions relating to nomination forstudy and trainingGrounds 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.

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.

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.

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

23 Salary, allowance, festival expensesand other facilitiesSalary 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.

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.

25Provisions 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.

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.

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.

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.

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.

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 salary50

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

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.

32 ConductPunctuality 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.

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:

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.

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.

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

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.

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.

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,

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.

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

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.

43 Leave to which employee is entitled:

Type of leave Official empowered to approveCasual 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

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.

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.

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.

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.

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

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

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

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.

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.

Disadvantages of the Act

53

THANK – YOU