Chapter-4 Construction Business Development Council and Execution Committee

Chapter-4 Construction Business Development Council and Execution Committee

13. Construction business development council:

(1) The following Construction Business Development Council shall be formed to prepare necessary policies and give direction to the concerned bodies in order to carry out the construction business in a consolidated and systematic manner:

(a) Minister for Works and Transport -Chairperson

(b) Member, National Planning Commission (looking after works and transport sector) -Member

(c) Secretary, Ministry of Works and Transport – Member

(d) Secretary, Ministry of Water Resources -Member (e) Secretary, Ministry of Housing and Physical Planning -Member

(f) Chairperson of Nepal Construction Entrepreneurs’ Federation or representative designated by him/her -Member

(g) Chairperson, Society of Consulting Architectural and Engineering Firm (SCAEF) -Member

(h) Technical Joint Secretary designated by the Ministry of Works and Transport -Member Secretary

(2) In cases where only the Minister of State for Works and Transport is appointed, the Minister of State shall be the chairperson of the council. (3) The procedures relating to the meeting of the council shall be as determined by the council itself.

14. Functions, duties and powers of council: The functions, duties and powers of the council shall be as follows:

(a) To prepare norms required to maintain quality standards of public construction works,

(b) To make and develop model drafts of agreement to be concluded between the proponent and the acceptor on public construction works, terms of contract and specifications,

(c) To make and develop necessary codes on other matters including the environmental aspects related with public construction works,

(d) To operate trainings for the generation of human resources required to carry on the construction business in a consolidated and efficient manner, (e) To do necessary research works and carry out development on matters related with the construction business,

(f) To carry out such other functions as are required to implement the objectives of this Act.

15. Implementation committee: (1) An implementation committee, as follows, shall be formed to render necessary assistance to Government of Nepal on the promotion and management of the construction business.

(a) Technical Joint Secretary designated by the Ministry of Works and Transport -Chairperson

(b) Technical representative, Ministry of Water Resources -Member

(c) Technical representative, Ministry of Housing and Physical Planning -Member

(d) Technical representative, Department of Roads -Member

(e) Representative, Nepal Construction Entrepreneurs’ Federation -Member

(f) Representative, Society of Consulting Architectural and Engineering Firm (SCAEF) -Member (g) Officer designated by the Ministry of Works and Transport – Member secretary (2) The procedures relating to the meeting of the committee shall be as determined by the committee itself.

16. Functions, duties and powers of committee: The functions, duties and powers of the committee shall be as follows: (a) To make recommendation to Government of Nepal to issue license to the construction entrepreneur. (b) To do timely study and research works and collect necessary suggestions on the construction business and submit them to Government of Nepal. (c) In the event of any question as to the quality standard of public construction works, to hold, or cause to be held, necessary inquiry and examination into the verification and clearance made by the concerned technician.

(d) In the event of revelation from the inquiry and examination held pursuant to Clause

(c) that the technician has verified and cleared without maintaining the prescribed quality standard, to make recommendation to the concerned body to recover the loss and damage caused therefrom and take action against the person involved in that act, in accordance with the prevailing law.

(e) To determine required policy matters on the submission of a tender by a construction entrepreneur licensed under this Act for carrying out construction related works in a foreign country, make a contract agreement and issue a bid bond or performance bond in the currency of the concerned country and recommend the same to Government of Nepal.

(g) To perform such other functions as prescribed.