Public-Private Partnership and Investment Act, 2019

12. Chief Executive Officer: (1) There shall be a Chief Executive Officer to conduct the daily administration and perform the functions of the Board.

(2) The Chief Executive Officer shall be the chief administrative officer working full-time for the Board, and their remuneration and other facilities shall be as prescribed by the Government of Nepal.

(3) A Nepali citizen who has obtained at least a master's degree in economics, management, commerce, law, engineering or development studies from a recognized educational institution and has acquired at least ten years of managerial experience in the field of project development, public procurement, public-private partnership, investment promotion, development administration, banking, financial sector, or industrial management shall be deemed eligible for appointment to the position of Chief Executive Officer.

(4) The following person shall not be eligible for appointment to the position of Chief Executive Officer of the Board:-

(a) one who has been convicted by a court of a criminal offense involving moral turpitude such as corruption, theft, human trafficking and transportation, or rape,

(b) one who is on the blacklist pursuant to prevailing law, during such period,

(c) one who has not completed the age of thirty-five years,

(d) one who has exceeded the age of sixty-five years.

(5) There shall be a three-member recommendation committee chaired by the Vice-Chairperson of the Board and comprising the Vice-Chairperson of the National Planning Commission and a subject expert designated by the Government of Nepal to recommend to the Government of Nepal for the appointment of the Chief Executive Officer.

(6) The committee pursuant to Sub-section (5) shall, on a competitive basis, complete the prescribed procedure and recommend three persons to the Government of Nepal for the appointment of the Chief Executive Officer.

(7) The Government of Nepal, Council of Ministers, shall appoint one of the persons recommended pursuant to Sub-section (6) to the position of Chief Executive Officer.

(8) The term of office of the Chief Executive Officer shall be four years, and they may be reappointed for one additional term.

(9) The position of Chief Executive Officer shall become vacant in the following circumstances:-

(a) if they become disqualified pursuant to Sub-section (4),

(b) if their resignation submitted through the Board to the Government of Nepal, Council of Ministers is approved,

(c) if the Government of Nepal, Council of Ministers removes them due to lack of competence, misconduct, or unsatisfactory level of performance,

(d) upon the expiry of their term of office,

(e) upon their death,

(f) upon reaching the age of sixty-five years.

(10) Before removal pursuant to Clause (c) of Sub-section (9), they shall be given an opportunity to submit a defense Amended by the Act to Amend Some Nepal Acts, 2025..

(11) A person appointed as Chief Executive Officer shall not, for a period of five years from the date of expiry of their term, become involved in any project for which a permit was issued and investment approved pursuant to this Act during their tenure in the Board.