Madan Bhandari University of Science and Technology Act, 2022

6. Office-bearers of the University: The University shall have the following office-bearers:

(a) Chairperson,

(b) Up to five Vice-Chairpersons,

(c) Other office-bearers. Chapter-4

Formation, Functions, Duties, and Powers of the Board of Trustees

7. Formation of the Board of Trustees: (1) There shall be a Board of Trustees as the supreme body of the University.

(2) The Board of Trustees shall be formed as follows:

(a) Member elected from the House of Representatives constituency where the University is located under the first-past-the-post electoral system - Member

(b) Secretary, Ministry of Finance - Member

(c) Secretary, Ministry - Member

(d) One official representative of the University Grants Commission - Member

(e) Two persons, including at least one woman, from among distinguished incumbent or former professors in the field of science and technology - Member

(f) One person from among distinguished incumbent or former professors in subjects other than science and technology - Member

(g) Two persons, including at least one woman, from among distinguished persons with work experience as trustees of world-class universities - Member

(h) One person from among former office-bearers of public institutions related to science and technology established under prevailing law or distinguished persons with at least fifteen years of experience in the field of science and technology - Member

(i) Two persons from among individuals who have achieved notable success in industries or businesses related to the field of science and technology or who have provided substantial support to the University - Member

(j) Chairperson - Member

(k) Two persons from among individuals who have achieved notable success in their profession or occupation or who have made distinguished contributions to society - Member

(l) Two persons, including at least one woman, from among the alumni of the University - Member

(3) The nomination of Trustees pursuant to clauses (e), (f), (g), (h), (i), (k), and (l) of sub-section (2) shall be made by the Board of Trustees.

(4) The Board of Trustees shall nominate Trustees on the basis of the principle of inclusion.

(5) The term of office of a Trustee nominated pursuant to sub-section (3) shall be four years.

(6) Notwithstanding anything contained in sub-section (5), while determining the term of office of the Trustees nominated for the first time after the commencement of this Act, by lottery, the term of four Trustees shall be two years, of five Trustees shall be three years, and of the remaining five Trustees shall be four years.

(7) While nominating Trustees pursuant to clauses (e), (f), (g), (h), (i), and (k) of sub-section (2) in the Board of Trustees, subject matter expertise shall be taken into consideration.

(8) For the purpose of nominating Trustees pursuant to sub-section (3) for the first time after the commencement of this Act, the Government of Nepal shall form a Recommendation Committee as follows to recommend names:

(a) One person from among former Vice-Chancellors of universities established under prevailing law or former office-bearers of equivalent status - Chairperson

(b) Two persons from among distinguished individuals having work experience as trustees of world-class universities or having made notable contributions in the field of education or business - Member

(9) The procedure related to the meeting of the Recommendation Committee formed pursuant to sub-section (8) and the process to be followed while recommending names for the nomination of Trustees shall be as determined by that Committee itself.

(10) The Recommendation Committee formed pursuant to sub-section (8) shall recommend the names of persons to be nominated to the Government of Nepal within ninety days from the date of commencement of its work.

(11) If the position of a Trustee nominated pursuant to clauses (e), (f), (g), (h), (i), (k), and (l) of sub-section (2) falls vacant for any reason, another person shall be nominated for the remaining period by completing the process under this Section.

(12) The process of nomination pursuant to sub-section (11) shall be initiated six months prior to the expiry of the term of office of the Trustee.

(13) An employee designated by the Board of Trustees shall act as the Secretary of the Board of Trustees.

(14) The Board of Trustees shall select the President from among the Nepali citizen Trustees nominated pursuant to sub-section (3).

(15) The Board of Trustees may remove a Trustee mentioned in clauses (e), (f), (g), (h), (i), (k), and (l) of sub-section (2) from office if such Trustee fails to fulfill his/her official responsibilities, behaves in a manner inconsistent with his/her position, does not perform his/her duties honestly, does any act contrary to the interest of the University, or is convicted of a criminal offense involving moral turpitude or is disqualified by law:

Provided that a reasonable opportunity shall be given to such person to submit a defense before removal.

(16) If a Trustee, without reasonable cause or without prior notice to the President, fails to attend more than three consecutive meetings of the Board of Trustees or more than six meetings during his/her entire term, such Trustee shall automatically be relieved of his/her office.