Chapter 6 Provision Relating to Review of Procurement Proceedings or Decision

Section 48: Review Committee

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1) For review of the application under Section 49, the government of Nepal shall constitute a public procurement Review Committee consisting of the following chairperson and members:

(a) One person from among the former judges of the Appellate Court, a Judge of the Appellate Court, or a person retired from a special class post in the Government of Nepal. Chairperson
(b) One person from among the persons retired from the gazetted first-class post of the Nepal Engineering Service of the Government of Nepal Member
(c) One person from among the persons having experience and expertise in public procurement Member

2) While making an appointment of a member under clause (c) of sub-section (1), no employee currently holding a post in a Public Entity shall be appointed.

3) The tenure of the chairperson or member appointed pursuant to sub-section (1) shall be three years.

Provided that in appointing the members for the first time, one member shall be appointed for one year and the other member shall be appointed for two years.

4) The tenure of the chairperson or member under sub-section (1) may be extended up to another term.

5) The terms and conditions of the service, remuneration, and facilities of the chairperson or member under Sub-section (1) shall be as specified by the Government of Nepal.

6) Before assuming the office, the chairperson or member under sub-section (1) shall have to submit the information of the details as prescribed to the Government of Nepal through the Public Procurement Monitoring Office.

7) The Government of Nepal may remove the chairperson or a member in the following conditions:

(a) If s/he commits misconduct,

(b) If s/he fails to discharge the functions and duties as per the responsibility of the post due to a lack of performance capacity or skill, or

(c) If s/he is found guilty by a court of law of a criminal offence of moral turpitude.

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Section 48: Review Committee

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