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Chapter 18 Problematic Organisations or Associations

Section 105: Formation of Management Committee

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1) In case any Organisation or Association has been declared as a problematic Organisation or Association under this Act, the Government of Nepal may form a Management Committee to manage the assets and pay the liabilities of such Organisation or Association.

2) The Management Committee referred to in sub-section (1) shall comprise the following members:

(a) A person appointed by Government of Nepal from amongst persons who have already become a judge of the High Court or worked in an equivalent position and has served as a special class officer of the Nepal Judicial Service Chairperson
(b) A person nominated by Government of Nepal from amongst persons who have already served as at least a first-class officer of the Nepal Civil Service Member
(c) One Director representative designated by the National Cooperatives Association Member
(d) Two persons nominated by Government of Nepal from amongst cooperative experts Member
(e) A person nominated by the Government of Nepal from amongst persons who have worked for at least a period of three years in at least the ninth level of a bank or financial institution, or in the supervision sector of banks or financial institutions, upon being a Chartered Accountant Member
(f) An Officer of Gazetted Second-Class level designated by the Government of Nepal Member- Secretary

3) The term of office of the chairperson and members of the Management Committee shall be two years from the date of appointment, and the Government of Nepal may extend the term of office for a period not exceeding two years.

4) Notwithstanding anything contained in sub-Section (3), in case the work performance of the chairperson and a member of the Management Committee is not satisfactory, the Government of Nepal may remove him or her from office at any time.

5) Before removing the chairperson or a member of the Management Committee pursuant to sub-section (3), a reasonable opportunity shall be given to him or her to defend himself or herself.

6) Government of Nepal shall fulfil the office of the Management Committee that has fallen vacant pursuant to sub-Section (4), subject to sub-Section (2).

7) Procedures of a meeting of the Management Committee shall be as determined by the Committee on its own.

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