Lok Sewa Aayog Code of Conduct 2083 for Officials and Experts Issued

Code of Conduct for Office Bearers, Employees, Subject Experts or Skilled Experts of the Public Service Commission, 2083

Preamble: Whereas it is desirable to make provisions regarding the official and professional conduct of the office bearers, employees, subject experts or skilled experts of the Public Service Commission in order to make the work and proceedings of the Commission clean, impartial, effective, and objective, and to promote the values and principles of good governance,

The Public Service Commission has formulated this Code of Conduct by exercising the powers conferred by Section 23, Sub-section (2), Clause (b) of the Good Governance (Management and Operation) Act, 2064 and Rule 67 of the Public Service Commission Regulations, 2079.

Chapter 1 - Preliminary

1. Short Title and Commencement

1. This Code of Conduct shall be called the “Code of Conduct for Office Bearers, Employees, Subject Experts or Skilled Experts of the Public Service Commission, 2083.”

2. This Code of Conduct shall come into force from the date of approval by the Public Service Commission.

2. Definitions

Unless the subject or context otherwise requires, in this Code of Conduct:

a. “Commission” means the Public Service Commission as referred to in Article 242 of the Constitution of Nepal.

b. “Employee” means a permanent employee working in the Commission. For the purpose of this Code of Conduct, the term also includes employees working in the Commission on contract or daily wage basis, and employees or persons from other bodies assigned to the work of the Commission.

c. “Close relative” means a person’s father and mother, father-in-law and mother-in-law, husband, wife, son and daughter-in-law, daughter and son-in-law, elder brother and sister-in-law, younger brother and sister-in-law, elder sister and brother-in-law, younger sister and brother-in-law, husband’s elder brother and his wife, husband’s younger brother and his wife, husband’s sister, paternal uncle and aunt, elder paternal uncle and aunt, younger paternal uncle and aunt, nephew, niece, maternal nephew, maternal niece, maternal uncle and aunt, paternal aunt and her husband, wife’s elder brother, wife’s elder sister, wife’s brother, wife’s sister, elder co-brother, younger co-brother, and their children.

d. “Office bearer” means the Chairperson and members of the Commission.

e. “Subject expert or skilled expert” means a subject expert or skilled expert designated by the Commission who has knowledge or experience in the relevant subject and is involved in examination-related work conducted by the Commission. The term also includes an office bearer or employee of the Commission who has knowledge or experience in such subject.

f. “Service Commission” means a service commission formed under the prevailing law to carry out work related to recruitment in a university, academy, or other organized institution of a similar nature.

Chapter 2 - Compliance with the Code of Conduct

3. Office Bearers and Persons to Whom the Code of Conduct Applies

This Code of Conduct shall apply to the following office bearers and persons:

a. Office bearers,

b. Employees,

c. Subject experts or skilled experts,

d. Persons, institutions, specialists, and advisers appointed or nominated by the Commission for specific work.

4. Conduct to Be Followed by Subject Experts or Skilled Experts Preparing Raw Question Papers

A subject expert or skilled expert preparing raw question papers shall not do the following:

a. Directly or indirectly disclose to anyone that they have prepared a question paper.

b. Keep a copy or electronic copy of the question paper prepared by them in a reusable form.

c. Prepare a question paper if it comes to their knowledge that a close relative is or will be a candidate in the examination.

d. Be involved in conducting, coordinating, or teaching preparatory classes for examinations conducted by the Commission.

e. Prepare questions on a subject different from their subject or field of expertise.

f. Prepare a question paper in a manner different from the instructions given regarding question paper preparation.

g. Prepare a question paper in a way that creates ambiguity or is not understandable.

h. Include in the question paper any subject matter that may disturb the sovereignty and territorial integrity, nationality and independence of the country, or the harmonious relations among different castes, ethnic groups, and religious communities, or that is contrary to public decency or morality.

i. Prepare a question paper in a manner that harms the dignity of any public body.

j. Submit the question paper prepared by them without sealing it.

k. Bring or take the confidential sealed envelope provided for preparing the question paper in a way visible to others.

l. Send the confidential sealed envelope related to the question paper through another person without maintaining adequate confidentiality.

m. If it is necessary to understand anything regarding question paper preparation, talk to the concerned employee by disclosing an identity other than the provided code number, or contact another person.

n. Inform late if they are unable to prepare the question paper.

o. Avoid accountability regarding the question paper prepared by them.

5. Conduct to Be Followed by Subject Experts or Skilled Experts Moderating Question Papers

A subject expert or skilled expert moderating question papers shall not do the following:

a. Directly or indirectly disclose to anyone that they have moderated a question paper.

b. Make or keep a copy or electronic copy of the question paper moderated by them.

c. Moderate a question paper if it comes to their knowledge that a close relative is or will be a candidate in the examination.

d. Be involved in conducting, coordinating, or teaching preparatory classes for examinations conducted by the Commission.

e. Keep their mobile phone, laptop, or any electronic device with them during question paper moderation.

f. Moderate a question paper on a subject different from their subject or field of expertise.

g. Moderate a question paper in a manner that cannot measure matters including knowledge, skills, and competence according to the curriculum and the level of the prescribed educational qualification.

h. Moderate a question paper in a manner different from the instructions given.

i. Include in the question paper any subject matter that may disturb the sovereignty and territorial integrity, nationality and independence of the country, or the harmonious relations among different castes, ethnic groups, and religious communities, or that is contrary to public decency or morality.

j. Moderate a question paper in a manner that harms the dignity of any public body.

k. Avoid accountability regarding the moderated question paper.

6. Conduct to Be Followed by Subject Experts or Skilled Experts Evaluating Answer Sheets

A subject expert or skilled expert evaluating answer sheets shall not do the following:

a. Directly or indirectly disclose to anyone that they are evaluating or have evaluated answer sheets.

b. Evaluate an answer sheet if it comes to their knowledge that a close relative is a candidate in the examination.

c. Disclose anywhere the marks awarded while evaluating the answer sheet.

d. Be involved in conducting, coordinating, or teaching preparatory classes for examinations conducted by the Commission.

e. Evaluate an answer sheet contrary to the instructions given by the Commission or the prescribed format and conditions of the answer sheet.

f. Evaluate an answer sheet without informing the concerned section if any remark or irregularity is found in the answer sheet.

g. Evaluate answer sheets of a subject different from their field of subject expertise.

h. If it is necessary to understand anything regarding answer sheet evaluation, talk to the concerned employee on the basis of an identity other than the provided code number, or contact another person.

i. Avoid accountability regarding the answer sheet evaluated by them.

7. Conduct to Be Followed by Subject Experts, Skilled Experts or Evaluators Involved in Interviews or Other Examinations

A subject expert, skilled expert or evaluator involved in interviews or other examinations conducted by the Commission shall not do the following:

a. Sit as a subject expert, skilled expert or evaluator if the candidate is a close relative.

b. Disclose anywhere that they are or have been involved in an interview or other examination.

c. Disclose anywhere the marks awarded in an interview or other examination.

d. Be involved in conducting, coordinating, or teaching preparatory classes for interviews or other examinations.

e. Sit as a subject expert or skilled expert in a subject different from their subject or field of expertise.

f. Keep or make public drafts and electronic copies prepared during evaluation.

g. Breach the confidentiality of the evaluation carried out by them.

h. Use a mobile phone or electronic device, take photos or videos, or record audio during interviews and evaluation without the Commission’s permission.

8. Conduct to Be Followed by Experts Designated in Promotion Committees

Experts nominated or designated by the Commission in promotion committees shall not do the following:

a. Disclose the matter of participating in a meeting of the promotion committee.

b. Disclose elsewhere the matters discussed in a meeting of the promotion committee.

c. Disclose elsewhere the marks obtained by candidates for matters that must be kept confidential, including performance evaluation.

d. Be involved in the promotion process of the concerned advertisement if a close relative is a candidate.

e. Sit in the promotion committee as an expert in a subject different from their subject or field of expertise.

9. Conduct to Be Followed by Office Bearers and Employees Representing the Commission in Service Commissions or Recruitment, Selection or Recommendation Committees

Office bearers and employees representing the Commission in service commissions, security bodies, other federal government services, and recruitment, selection or recommendation committees of organized institutions shall not do the following:

a. Be involved in recruitment-related work of the concerned advertisement if a close relative is a candidate.

b. Do any work contrary to the general principles, values, standards, and decisions of the Commission.

c. Prepare or moderate question papers or evaluate answer sheets for the examination of the institution they represent.

d. Receive or accept donations, charity, loans, financial or material benefits, gifts or presents, or take or cause others to receive any other facility.

10. Conduct to Be Followed by Office Bearers or Employees Who Have Retired, Been Transferred, Promoted, or Separated from the Commission for Any Other Reason

Office bearers or employees who have worked in the Commission and have retired, been transferred, promoted, or separated from the Commission for any other reason shall not do the following:

a. Make negative comments on the Commission’s work and proceedings or do any act that may weaken public trust in the Commission.

b. Directly or indirectly disclose anywhere any matter, document or detail that came to their knowledge in the course of performing duties and is required by law to be kept confidential.

c. Be involved in conducting, coordinating, or teaching preparatory classes for examinations conducted by the Commission for one year from the date of separation from the Commission.

d. Keep with them identity cards, documents, passwords, cash, and goods related to the Commission after being separated from the Commission’s work for any reason.

Chapter 3 - Conduct Related to Integrity and Discipline

11. Conduct Related to Integrity and Discipline

1. Office bearers, employees, subject experts or skilled experts shall not do the following:

a. Keep outstanding any amount, tax, fee, penalty, fine, or charge that must be settled, paid, or submitted under the law.

b. Act contrary to the principles, values, and standards of the Commission.

c. Act with prejudice while performing official duties or breach confidentiality.

d. Proceed with advance work or action without informing the Commission if information is received that any act contrary to the principles, values, and standards of the Commission has taken place or is about to take place.

e. Misuse government emblems, seals, emails, passwords, keys, seals, and similar items.

2. Office bearers and employees of the Commission shall not be deemed to have been prevented from doing the following:

a. Providing consultation or lectures, and engaging in study, teaching, writing, research, publication, and broadcasting on a subject in which they have expertise, provided that it does not adversely affect the work and proceedings of the Commission.

b. Participating in institutions related to literature, art, culture, sports, knowledge, science, technology, entertainment, and professional and social sectors.

c. Participating in meetings, seminars, and similar programs organized by politically neutral professional associations, provided that office work is not obstructed.

d. Buying or selling publicly issued debentures, savings bonds, or shares, or receiving dividends.

e. Participating in any publicly open competition not prohibited by prevailing law and receiving awards, medals, certificates, and honors.

12. Prohibited Acts

Office bearers and employees shall not do the following:

a. Make any kind of commitment or promise on behalf of the Commission without the Commission’s consent.

b. Directly or indirectly disclose any matter, document or detail that came to their knowledge in the course of performing duties and is required by law to be kept confidential.

c. Pressure or exert undue influence on office bearers of the body where they work or of any other body to get any work related to a close relative done or not done.

d. Unnecessarily inquire into or show interest in confidential work and proceedings being performed or being carried out by office bearers or employees.

e. Do or cause to be done any act under request, prejudice, greed, inducement, or pressure.

13. Gifts and Presents Not to Be Received

Office bearers and employees shall not receive or accept, by themselves or through close relatives or through any examinee or their relatives or any other person, any donation, charity, loan, financial or material benefit, gift, or present from any person or institution having financial transactions with the Commission or related to work performed by the Commission.

14. Office Not to Be Misused

Office bearers and employees shall not do the following in a manner that misuses their office:

a. Use their position and authority in a manner that provides undue benefit or causes harm to themselves, their family, or anyone else.

b. Use the Commission’s property or facilities for personal purposes other than for office purposes or in a manner appropriate to their official capacity.

c. Use office hours for personal work.

d. Use their official capacity to fulfill the private interests of themselves, their family members, or anyone else.

e. Misuse rights, authority, facilities, or concessions obtained in an official capacity.

f. Take machinery, equipment, or other services and facilities meant for office use outside the office, or allow other persons to use them, without the written order of an authorized official.

15. Not to Become an Office Bearer of Non-Governmental Organizations or Accept Employment Elsewhere

Office bearers and employees shall not do the following:

a. Become an office bearer of any non-governmental organization, act as an adviser, or be involved in other activities of such an organization.

b. Accept external employment physically, electronically, or through any other medium, except as provided by the prevailing law.

c. Obtain membership of any political party or any association or organization affiliated with such party.

16. Matters Involving a Close Relative

1. If a close relative of an office bearer or employee is a candidate or is going to be a candidate in an examination of the Commission, the office bearer or employee shall not be involved in the following recruitment-related work or decision-making process, or be assigned to a section related to such work:

a. Being involved in the written, interview, practical, or other examination of the concerned advertisement.

b. Knowingly being assigned to an examination center.

c. Being involved in the work of placing code numbers on examination answer sheets.

d. Preparing, moderating, printing question papers, or evaluating answer sheets.

e. Being involved in coding or decoding, result preparation, and result publication.

f. Being assigned as a central representative.

g. If it is known that a close relative is a candidate in any examination, or if a close relative appears in the course of being involved in any work where impartiality and confidentiality must be maintained, the office bearer shall inform the Commission, the Secretary shall inform the Chairperson of the Commission, and the employee shall inform the Secretary in writing and separate themselves from such work.

17. Information Not to Be Provided or Misused

Confidential data or information, or personal details of a candidate, shall not be provided to anyone in an unauthorized manner.

Chapter 4 - Qualification, Impartiality, Integrity, and Confidentiality

18. Conduct Related to Qualification, Impartiality, Integrity, and Confidentiality

In order to maintain the qualification, impartiality, integrity, and confidentiality adopted by the Commission, office bearers and employees shall not do the following:

a. Disturb the institutional and functional independence, qualification, impartiality, integrity, and confidentiality of the Commission.

b. Be motivated or influenced, directly or indirectly, by external or internal pressure, influence, inducement, lobbying, threats, requests, prejudice, and similar factors that may arise while performing the Commission’s work or while discharging official duties and responsibilities.

c. Interfere, exert undue influence, or apply pressure in any manner contrary to the prevailing law.

d. Show any kind of favoritism, discrimination, or prejudice.

e. Act contrary to the broader interests of the nation and the people.

f. Behave disrespectfully and inhumanely toward service seekers and toward one another.

g. Knowingly make any kind of negative comment or expression in a manner that harms the credibility of the Commission.

h. Behave unequally, discriminatorily, partially, or prejudicially toward anyone while performing work.

19. Involvement in Confidential Work

Office bearers and employees directly involved in the following confidential work shall not do the following:

a. Regarding Raw Question Papers

1. Be involved in related work if a close relative is an examinee.

2. Receive an envelope that has not arrived sealed.

3. Communicate by phone or social media in a manner that discloses an identity other than the provided code number.

4. Send matters related to questions on social media in an unauthorized manner.

5. Keep records or drafts prepared in the course of work in a manner accessible to other persons.

6. Go to or come from any section where confidential work is or is being carried out, or show interest in such work.

7. Store questions without arranging a double-lock system and without assigning responsibility.

8. Allow unauthorized persons to enter the workplace.

b. Regarding Question Paper Moderation

1. Be involved in related work if a close relative is an examinee.

2. Prepare moderated question papers without maintaining linguistic accuracy and confidentiality.

3. Receive a question paper moderated by a subject expert or skilled expert without it being sealed.

4. Use the internet, mobile phone, or other electronic device without permission.

5. Send matters related to questions on social media in an unauthorized manner.

6. Keep records or drafts prepared in the course of work in a manner accessible to other persons.

7. Go outside the office or talk to other persons during question paper moderation work without permission.

8. Go to or come from any section where confidential work is or is being carried out, or show interest in such work.

9. Store questions without arranging a double-lock system and without assigning responsibility.

10. Allow unauthorized persons to enter the workplace.

c. Regarding Question Paper Printing

1. Be involved in related work if a close relative is an examinee.

2. Open a sealed envelope before question paper printing without checking the seal and preparing a record.

3. Keep the question paper unsealed after printing.

4. Use the internet, mobile phone, or other electronic device during printing.

5. Send or discuss matters related to question papers on social media.

6. Keep records or drafts prepared in the course of work in a manner accessible to other persons.

7. Print without immediately informing the moderation section if, during printing, all questions are not printed in the master copy of the question paper, the questions are not understandable, or any other problem is found.

8. Turn off the machine after printing without ensuring whether a copy of the question paper remains in the photocopy machine or whether the photocopy machine’s print command has been canceled.

9. Go outside the office, talk to other persons, move or sit alone after the question paper printing work has started and until the examination is completed, without permission.

10. Go to or come from any section where confidential work is or is being carried out, or show interest in such work.

11. Store questions without arranging a double-lock system and without assigning responsibility.

12. Allow unauthorized persons to enter the workplace.

d. Regarding Examination Operation

1. Be involved in related work if a close relative is an examinee.

2. Act contrary to the dignity of the examination.

3. Be present in indecent dress.

4. Use the internet, mobile phone, or other electronic device without permission.

5. Behave indecently toward examinees and employees assigned to the examination.

6. Open the sealed envelope of question papers without checking the seal and preparing a record.

7. Send or discuss matters related to question papers on social media.

8. Keep remaining answer sheets, records prepared during examination operation, or drafts in a manner accessible to other persons.

9. Conduct the examination without immediately informing the moderation section if all questions are not printed in the question paper, the questions are not understandable, or any other problem is found.

10. Allow unauthorized persons to enter the examination center.

11. Submit answer sheets without preparing a record and sealing them.

e. Regarding Coding and Decoding of Answer Sheets

1. Be involved in related work if a close relative is an examinee.

2. A staff member involved in first coding shall not be involved in second coding.

3. Disclose anywhere that they have been assigned to coding or decoding work.

4. Read what is written in the answer sheets, talk about it, or take photographs.

5. Keep records or drafts prepared during coding and decoding in a manner accessible to other persons.

6. Proceed with advance work or action without informing the Chairperson of the Commission or a member designated by the Chairperson if any remark or irregularity is found in the answer sheet.

7. Allow unauthorized persons to enter the coding area.

8. Begin coding work without at least two persons being involved.

9. Open or close the room where answer sheets are kept without arranging a double-lock system and without assigning responsibility.

f. Regarding Selection of Subject Experts or Skilled Experts

1. Submit or nominate a person for selection as a subject expert or skilled expert without confirming whether the person is an expert in the relevant subject or field.

2. Be involved in work related to the selection of a subject expert or skilled expert if a close relative is or may be a candidate in an examination conducted by the Commission.

3. Submit or nominate any person for selection as a subject expert or skilled expert other than a person listed in the roster of subject experts or skilled experts and having the expertise required to be listed.

4. Directly or indirectly disclose anywhere the details of skilled experts submitted for nomination or nominated as subject experts or skilled experts.

5. Provide details of experts listed in the roster of subject experts or skilled experts without the Commission’s approval, even if the details of subject experts or skilled experts are requested by any person or body.

g. Regarding Information and Confidential Work and Proceedings

1. Except for information required to be provided under the law, disclose, publish, broadcast, or post on social media, directly or indirectly, in one’s own name or another name or through anyone, by written, oral, electronic, or any other means, any writings and documents related to examinations conducted by the Commission, confidential work and proceedings, or information, without the Commission’s permission or a court order.

2. Give interviews to mass media or provide news regarding information and details published or unpublished by the Commission, except by persons who have received the Commission’s permission.

3. Express anything on a matter about which one does not have complete knowledge in a manner that sends a wrong message to the public.

h. Work as a Central Representative

1. Be assigned if a close relative is a candidate.

2. Be assigned to an office where a close relative is the office chief.

3. Disclose anywhere that they have been assigned as a central representative, or share any related information, photo, or video on social media.

4. Go outside the office until confidential work started in the office is completed.

5. Keep confidential documents under their responsibility within the access of any person other than themselves and the authorized official.

Chapter 5 - Miscellaneous

20. Monitoring of the Code of Conduct

1. Compliance with this Code of Conduct shall be monitored by the following office bearers:

a. By the Commission, in the case of the Chairperson of the Commission.

b. By the Chairperson, in the case of a member or the Secretary of the Commission.

c. By the Secretary of the Commission, in the case of other employees.

21. Power to Remove Difficulties

1. If any difficulty arises while implementing the provisions mentioned in this Code of Conduct, the Commission may remove such difficulty in a manner not contrary to the spirit and intent of the prevailing Act, Rules, and Directives.

22. Repeal and Saving

1. The Code of Conduct for Office Bearers and Skilled Experts/Experts and Employees of the Public Service Commission, 2069 has been repealed.

2. Work and proceedings carried out under the Code of Conduct for Office Bearers and Skilled Experts/Experts and Employees of the Public Service Commission, 2069 shall be deemed to have been carried out under this Code of Conduct.

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