Chapter-4 Formation, functions, duties and powers

Chapter-4 Formation, functions, duties and powers
of the Board of Governors
11. Formation of the Board of Governors :

(1) There shall be a Board of Governors to operate, supervise and manage all the business to be performed by the Fund to carry out its’ objectives.
(2) The Board of Governors shall consist of the following members;
(a) Prime- Minister – Chairperson
(b) A person nominated by the Government of Nepal as referred to in Section 12 from amongst the persons who have rendered a conspicuous contribution in the field of poverty alleviation in national level along with having at least seven years of experience in the said field after obtaining, at least a Master’s degree Vice-Chairperson
(c) Secretary, secretariat of Nation Planning Commission -Member
(d) Chairperson, Association of District Development Committees – Member
(e) Chairperson, Association of Village Development Committees – Member
(f) Chairperson, National Women Commission -Member
(g) Chairperson, National Dalit Commission -Member
(h) Five persons including at least a woman nominated by the Government of Nepal from
amongst the persons who hold reputation in national life after having rendered a  significant contribution in the field of poverty alleviation and from amongst the persons of group or region which is not properly represented in national life – Member
(3) The government of Nepal shall, while nominating a Member pursuant to Clause (h) of Sub-section (2), nominate from amongst the persons who have rendered a contribution of at least Seven years in the
field of poverty alleviation after having obtained a Masters degree.
(4) The tenure of office of a Member nominated pursuant to Clauses (b) and (h) of Sub-section (2) shall be Four years. He/she may be eligible for re- nomination.
(5) The Government of Nepal shall, while nominating a member pursuant to Clauses (b) and (h) of Sub-section 2, nominate from amongst apolitical and professional persons.
(6) The Fund may, as per necessity, invite the person related to poverty alleviation activities and the experts of concerned subject matter in the meeting of Committee to take part as an observer.
(7) The Committee may, as per necessity, constitute an Advisory Committee of the representatives from concerned organization in order to coordinate programmes related to the mobilization of external resource and
means and to make more effective to the poverty alleviation programmes.
(8) The Executive Director of the Fund shall be the Secretary of the Committee.
12. Selection Committee : (1) There shall be a Selection Committee to recommend the Government of Nepal for the purpose of nominating the Vice-Chairperson pursuant to Clause (b) of Sub-section (2) of Section 11
and the Committee shall consists of the following Coordinator and
Members;
(a) Vice-Chairperson of the National planning Commission – Coordinator
(b) A person nominated by the Government of Nepal from amongst the experts related to poverty alleviation sector – Member

(c) Chief-Secretary of the Government of Nepal – Member
(2) The Committee pursuant to Sub-section (1) shall, while making
recommendation to the Government of Nepal for nominating the Vice
Chairperson, recommend the name of Three persons.
(3) The Government of Nepal shall nominate a person for Vice-
Chairperson from amongst the Three persons recommended by the
Selection Committee under Sub-section (2).
(4) The Selection Committee may determine itself the process, to be
followed by the Committee for making recommendation in order to
nominate Vice-Chairperson and the procedure related to its’ own meetings.
13. Meetings of the Committee and minutes : (1) The meetings of the
Committee shall be held at least for Six times in a year on the date, time
and venue as fixed by the Chair -Person.
Provided that, the interval between Two consecutive meetings shall
not be more than Two months.
(2) The Secretary of Committee shall provide the notice of the
meeting along with the agenda to be discussed at the meeting to every
member before at least Seven days of the meeting.
(3) The Chairperson of the Committee shall preside over the
meetings of the Committee and in his/her absence the Vice-Chairperson
shall chair the meeting of the Committee.
(4) It shall be deemed to have achieved the quorum for holding the
meeting if more than Fifty percent of the total members of the Committee
are present in the meeting.
provided that, the attendance of at least Seventy Five percent
members shall be necessary for the meeting to be held for the discussion in
the issues of long- term and short- term Plan, Annual Programme and
Budget of the Fund.
(5) The Majority opinion shall prevail over the meeting of the
Committee and in case of tie the person who presides over the meeting of
the Committee shall exercise his/her casting vote.
(6) The Secretary shall authenticate the minutes of the Committee.
(7) The other procedures related to the meetings of the Committee
shall be as determined by the Committee itself.
14. Vacation of the seat of a member : (1) The office of a member
nominated pursuant to Clauses (b) and (h) of Sub-section 2 of Section 11
shall deem vacant in any of the following circumstance;
(a) if he/she dies;
(b) If his/her tenure of office expires;
(c) If he/she resigns;
(d) If he/she, without any information, absents from Three
consecutive meetings of the Committee.
(e) if a resolution, submitted by a member of the
committee against him/her accusing that he/she has
committed an act against the objectives of this Act or
has been inactive to perform the business or has not
cooperated to perform the business or has committed
an act which causing loss or damage to the Fund or has
acted against the policy and direction of the Fund or
committees, is passed by more than Fifty percent
members of the total Members of the Committee.
(2) The procedures related to the submission of resolution,
discussion and voting upon the resolution for the purpose of the Clause (e)
of Sub-section (1) shall be as prescribed by the Committee.
15. Business of the Committee shall not be invalid : A business transacted
by the Committee shall not be invalid on the mere ground of any error
occurred in the formation of the Committee or any vacancies in the seat of
its’ Member.
16. Sub-Committee may be formed : (1) The Committee may, for
conducting its’ business, form Sub-committee as per necessity. (2) The
function, duties, powers, terms of reference and procedure of the committee
formed under Sub-section (1) shall be as determined by the Committee.

17. Functions, duties and powers of the Chairperson : The functions, duties and powers of the Chairperson shall be as follows;
(a) To direct the Vice-Chairperson in order to conduct the programme of fund in effective manners,
(b) To perform or cause to perform any necessary works needed to conduct the Fund in effective manner.
18. Functions, duties and powers of the Vice-Chairperson :

(1) The Vice-Chairperson shall be the Executive Chief of the Fund and he/she shall transact the business of the Fund as per the direction of the Chair-person.
(2) Save as provided in Sub-section (1), the functions, duties and powers of the Vice-Chairperson shall be as follows;
(a) To direct the Executive Director in the matter relating  to the transaction of daily business of the Fund
smoothly.
(b) To carry out or cause to carry out supervision, evaluation or inspection of the programme conducted
by the Fund.
(c) To cause to prepare the Annual Report of the Fund on time.
(d) To perform or cause to perform the acts as prescribed to carry out the objectives of the Fund.