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Chapter – 4 : Miscellaneous

1.       Office of the Commission:

The Central Office of the Commission shall be located in the Kathmandu Valley.  The Commission may when necessary set up branch offices in different areas in the Kingdom of Nepal.

 

2.       Secretary:

(1)      There shall be appointed a Secretary in the Commission.

(2)      The Secretary shall be appointed by His Majesty on the recommendation of the Commission.  The terms of office, service, conditions and other facilities of the Secretary shall be equivalent to that of the Secretary of His Majesty’s Government.

 

3.       Employees of the Commission:

(1)      The Commission may appoint employees as may be required to carry out its functions, and the service, terms and facilities of the employees so appointed shall be as prescribed.

(2)      Notwithstanding anything contained in sub-section (1), the Commission may request His Majesty’s Government to provide employees required by it.  It shall be the duty of His Majesty’s Government to so provide.

(3)      In case the Commission requests any government office for assistance in the performance of its functions, the office so requested must provide the required assistance.

 

4.       Delegation of Powers:

The Commission may delegate any of the powers conferred on it under this Act to the Chairperson or any Member or employee of the Commission or to an officer of His Majesty’s Government or to the committee or sub-committee that may be constituted under this Act or to any person.

 

5.       Acting Chairperson:

In the event of vacancy of the Chairperson, His Majesty may authorize the senior Member of the Commission to act as Acting Chairperson until a new Chairperson is appointed.

 

6.       Oath:

Before assuming office, the Chairperson shall take an oath before His Majesty the King, similarly the Members will take the Oath before the Chairperson in the manner as specified in the Schedule of this Act.

 

7.       Communication with His Majesty’s Government:

All communications of the Commission to His Majesty’s Government shall be channeled through the Secretariat of the Council of Ministries.

 

8.       Framing of Rules:

The Commission may, in order to carry out the objectives of this Act, frame necessary rules.  While doing so the Commission may consult His Majesty’s Government.

Provided that in making rules relating to remuneration and facilities, His Majesty’s Government shall be required to be consulted.

9.       Saving:

No suit or legal proceeding shall be instituted against the Commission or the Chairperson or a Member or an employee or any person designated by the Commission in respect of any act done or intended to be done in good faith pursuant to this Act or rules framed under this Act.

 

 

 

Schedule

(Relating to Section 21)

Oath

 

I, _____________________________ swear in the name of god/solemnly affirm that I will bear loyalty to the Constitution of the Kingdom of Nepal, 1990 and faithfully discharge the responsibility and duty of the office of Chairperson/Member assumed by me, without fear, favour, partiality, ill-will or greed and that I will not communicate or divulge any matter which becomes known to be in the course of discharge of my duties in any circumstance whether I shall be holding office or not, except in pursuance of the prevailing law.

 

Date of Royal Seal:  2053-9-24-4 (8 January, 1997)

 

Posted on 2002-04-21



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