Bhutan Civil Service Rules and Regulations 2010
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BHUTAN CIVIL SERVICE RULES AND REGULATIONS 2010 ROYAL CIVIL SERVICE COMMISSION ROYAL GOVERNMENT OF BHUTAN FOREWORD The Royal Civil Service Commission has now been in existence for nearly the past three decades, since its establishment in 1982 by His Majesty the Fourth Druk Gyalpo through a Royal Charter. Ever since then, the RCSC and the civil servants have played pivotal roles occupying centre stage in Bhutan‟s many strides towards modernization and development as well as in strengthening the country‟s security and sovereignty. We feel proud that Bhutan today can boast of having a good pool of professional and dedicated civil servants, who are considered, by many of our development partners and visiting intellectuals, amongst the best in the world. It may be noted that most of the current successful private sector proprietors, consultants, and now politicians are also the products of our Civil Service. Recognizing its importance under the democratic Bhutan, with the adoption of the Constitution of the Kingdom of Bhutan, the RCSC has been given even more special place. It is now one of the only four Constitutional Offices of Bhutan and mandated to be the Central Personnel Agency of the Royal Government, amongst others, to promote and ensure an independent and apolitical Civil Service but fully capable of „implementing the policies and programmes of the Government‟, good governance, and uniform rules and regulations on HR actions throughout the Civil Service. The much awaited Civil Service Bill has been approved by the Joint Sitting of the two Houses of the Parliament during its 5th Session in July, 2010 and is presently awaiting His Majesty‟s Royal Assent. Once enacted, the Civil Service Act would be one of the most important developments in the entire 28 years‟ history of the Commission and indeed a watershed in transforming the Civil Service of Bhutan to post Constitution and democratic Bhutan. One of the foremost assignments undertaken by the present Commission since its appointment in January 2009 has been the revision of the Bhutan Civil Service Rules and Regulations (BCSR) of 2006 in line with the requirements of the Constitution and the Civil Service Bill. The current BCSR 2010 is the fifth edition of the BCSR since its first publication in 1982. The BCSR 2010 would subsume all the past circulars/notifications issued by the RCSC and in fact, henceforth, only three documents would govern the Civil Service management, namely, i. the Constitution of the Kingdom of Bhutan, ii. the Civil Service Act of Bhutan, and iii. the Bhutan Civil Service Rules and Regulations, 2010. The BCSR 2010 aims to provide even more fair, transparent, accountable and effective uniform rules and regulations in managing the Civil Service of Bhutan. Ultimately the impact of stringent application of the BCSR is expected to bring about professionalism, dedication, and efficiency of the Civil servants in the service of our Tsawa-Sum as well as equity and justice thus eliminating the evils of nepotism, favouritism and patronage. The Commission would like to solicit all the civil servants to fully familiarize themselves with and adhere to the provisions of the BCSR and accordingly ensure that all the HR actions are taken without fear, favour or prejudice. Let us all pledge that we shall always uphold the Civil Service values of Tha Dhamtsig and Ley Jumdrey, observe Driglam Namzha, and individually and collectively contribute towards realizing peace, prosperity and security of the Nation and thus Gross National Happiness for all our people. (Thinley Gyamtsho) for the Royal Civil Service Commission CONTENTS Provisions from the Constitution Civil Service Act Chapter 1 : Preliminary ........................................................................................... 1 Chapter 2 : Civil Service Structure ......................................................................... 3 Chapter 3 : Civil Service Code of Conduct and Ethics ........................................ 22 Chapter 4 : Recruitment, Selection and Appointment – Regular Civil Service . 47 Chapter 5 : Contract Appointment ....................................................................... 64 Chapter 6 : General and Elementary Service Personnel...................................... 89 Chapter 7 : Bhutan Civil Service Examination for Recruitment of University Graduates ............................................................................................ 96 Chapter 8 : Pre-Service Training .........................................................................120 Chapter 9 : In-Service Training ...........................................................................129 Chapter 10: Leave .................................................................................................177 Chapter 11: Remuneration and Benefits .............................................................190 Chapter 12: Performance Management System ..................................................197 Chapter 13: Promotion .........................................................................................223 Chapter 14: Transfer .............................................................................................257 Chapter 15: Secondment ......................................................................................269 Chapter 16: Travel ................................................................................................275 Chapter 17: Foreign Service .................................................................................283 Chapter 18: Private Trade and Employment .......................................................291 Chapter 19: Administrative Discipline ................................................................294 Chapter 20: Separation from the Civil Service ...................................................312 Chapter 21: Civil Service Information System ...................................................324 Definitions……………..…………………………………………………………………………..327 Provisions from the Constitution of the Kingdom of Bhutan relevant to the RCSC and Civil Service Article 26 The Royal Civil Service Commission 1. There shall be a Royal Civil Service Commission, which shall promote and ensure an independent and apolitical civil service that will discharge its public duties in an efficient, transparent and accountable manner. 2. The Commission shall consist of a Chairperson and four other members appointed by the Druk Gyalpo from among eminent persons having such qualifications and experience as would enhance the performance of the Commission, from a list of names recommended jointly by the Prime Minister, the Chief Justice of Bhutan, the Speaker, the Chairperson of the National Council and the Leader of the Opposition Party. 3. The term of office of the Chairperson and members of the Commission shall be five years or until they attain the age of sixty-five years, whichever is earlier. 4. The Commission shall endeavour to ensure that civil servants render professional service, guided by the highest standards of ethics and integrity to promote good governance and social justice, in implementing the policies and programmes of the Government. 5. The Commission shall, in the interest of promoting merit, productivity and equity, ensure that uniform rules and regulations on recruitment, appointment, staffing, training, transfers and promotion prevail throughout the civil service. 6. The Commission shall ensure that all civil servants shall have recourse to justice through the Administrative Tribunal established under section 16 of Article 21 to hear their appeals against administrative decisions including those of the Commission. 7. Every civil servant who has been adversely affected by an administrative action shall have the right of access to the Commission. 8. The Commission shall meet regularly and shall be supported by a permanent Secretariat, which shall function as the central personnel agency of the Government. 9. The Commission shall submit an Annual Report on its policies and performances to the Druk Gyalpo and to the Prime Minister. 10. The Royal Civil Service Commission shall function in accordance with the Civil Service Act. Other Articles relevant to the RCSC and Civil Service Article 2: The Institution of Monarchy 19. The Druk Gyalpo shall, by warrant under His hand and seal, appoint: (g) The Chairperson and members of the Royal Civil Service Commission in accordance with section 2 of Article 26; (j) The Attorney General in accordance with section 2 of Article 29; (m) The Cabinet Secretary on the recommendation of the Prime Minister; (n) The Secretary General of the respective Houses on the recommendation of the Royal Civil Service Commission; (o) Ambassadors and Consuls on the recommendation of the Prime Minister; (p) The Secretaries to the Government on the recommendation of the Prime Minister who shall obtain nominations from the Royal Civil Service Commission on the basis of merit and seniority and in accordance with other relevant rules and regulations; and (q) Dzongdags on the recommendation of the Prime Minister who shall obtain nominations from the Royal Civil Service Commission. Article 3: Spiritual Heritage 6. The members of the Dratshang Lhentshog shall comprise: (c) The Secretary of the Dratshang Lhentshog who is a civil servant. Article 7: Fundamental Rights 8. A Bhutanese citizen shall have the right to equal access and opportunity to join the Public Service. 10. A Bhutanese citizen shall have the right to practice any