Section 12: Circumstances on which a Chairperson and a member may be removed from office

(1) Where there occurs a circumstance for removal of the Chairperson or the member referred to in sub-section (2), the Government of Nepal shall remove the Chairperson and member, as the case may be.

Provided that prior to making such a removal, the Government of Nepal shall not deprive the concerned person of a reasonable opportunity to defend him/herself.

(2) The Chairperson and the member, as the case may be, shall be removed from the office in any of the following circumstances:-

(a) If one is disqualified to be a Chairperson and a member, as the case may be, pursuant to Section 11,

(b) If one commits any act contrary to the interest of investors in securities or any act that may cause loss or damage to the development of the capital market,

(c) If one suffers from lack of competence to implement, or cause to be implemented, such functions required to be performed by the Board to attain the objectives of the Board pursuant to this Act or the Rules framed under this Act,

(d) If one has been held disqualified to carry on any occupation or business by reason of misconduct, and his or her certificate has been revoked, or he or she has thus been restricted from carrying on a business,

(e) If one remains absent from three consecutive meetings of the Board without giving a notice.