National Sports Development Act, 2020

Chapter-4
Relating to Member-Secretary and Employees

17. Relating to Member-Secretary: (1) There shall be one Member-Secretary in the Council to work as the executive chief of the Council.

(2) A person shall possess the following qualifications to be appointed to the post of Member-Secretary:-

(a) Nepali citizen,

(b) Having passed at least a bachelor's level from a university recognized by the Government of Nepal,

(c) Having worked in the field of sports for at least five years,

(d) Not disqualified by prevailing law,

(e) Having completed thirty years of age.

(3) The Ministry shall form a three-member recommendation committee consisting of the Secretary of the Ministry as Coordinator and two experts, including one woman, from the relevant field designated by the Ministry to recommend for appointment to the post of Member-Secretary from among persons fulfilling the qualifications pursuant to sub-section (2).

(4) The recommendation committee pursuant to sub-section (3) shall recommend three suitable persons, including one woman, to the Ministry for appointment as Member-Secretary from among persons fulfilling the qualifications pursuant to sub-section (2).

(5) The procedure to be adopted while making recommendations pursuant to sub-section (4) and other procedures relating to its meeting shall be as determined by the recommendation committee itself.

(6) The Ministry shall submit to the Council of Ministers, Government of Nepal, for appointing the Member-Secretary from among the persons recommended pursuant to sub-section (4).

(7) The Council of Ministers, Government of Nepal, shall appoint to the post of Member-Secretary a person deemed suitable from among the persons submitted by the Ministry pursuant to sub-section (5).

(8) The term of office of the Member-Secretary appointed pursuant to sub-section (7) shall be four years, and he/she may be reappointed for one more term.

(9) Notwithstanding anything contained in sub-section (8), the Council of Ministers, Government of Nepal, may remove the Member-Secretary from office at any time in the following circumstances:-

(a) If he/she does any act causing loss or damage to the Council,

(b) If he/she fails to fulfill official responsibilities,

(c) If he/she does any act contrary to this Act, or

(d) If he/she does not honestly bear responsibility, his/her performance is unsatisfactory, he/she lacks efficiency, or does not conduct himself/herself according to the position, or does not comply with the directives of the Council.

(10) Before removing the Member-Secretary from office pursuant to sub-section (9), he/she shall be given a reasonable opportunity to submit a defense.

(11) The office of the Member-Secretary shall be deemed vacant in the following circumstances:-

(a) If he/she submits a written resignation to the Chairperson,

(b) If he/she becomes a non-Nepali citizen, obtains permission for permanent residence of any foreign country, or applies for the same,

(c) If his/her age attains sixty years,

(d) If he/she becomes a candidate for any public accountable position filled by election,

(e) If he/she is punished for an offense relating to corruption, rape, human trafficking and transportation, sale, distribution, export or import of narcotic drugs, money laundering, misuse of passport, an offense relating to abduction, organized crime, or a criminal offense involving moral turpitude, or is sentenced to imprisonment for one year or more for any other criminal offense and such verdict has become final,

(f) If he/she is removed from office pursuant to sub-section (9),

(g) If it is proven that he/she, while going abroad representing the nation, absconded and later returned,

(h) Upon his/her death.

(12) Notwithstanding anything contained elsewhere in this Section, if the office of the Member-Secretary becomes vacant for any reason or if he/she is suspended for any reason, the Ministry may designate a first-class gazetted officer of the Federal Civil Service or the senior-most employee of the Council to act as Member-Secretary until another Member-Secretary is appointed or his/her suspension is revoked.

(13) The remuneration, facilities, and other terms of service of the Member-Secretary shall be as prescribed.