Section 63
Circumstances Under Which Office Shall Be Fallen Vacant And Filling up Of Vacancy
1) Office of a Member of the Tribunal shall be fallen vacant in the following circumstances:
a) On expiry of terms of office,
b) On attainment of sixty three years of age.
c) On death,
d) If one tenders resignation,
e) If one is convicted by a court on any criminal offence involving moral turpitude, or
f) If it is proved that one has misbehavior or has become incompetent to perform one’s duty while making an inquiry by Government of Nepal on the charge that one has misbehavior against one’s office or has become incompetent to perform one’s duty.
Provided that, a Member of the Tribunal charged under this Clause shall given a reasonable opportunity to defense his/her case.
(2) Notwithstanding anything contained in Clause (f), if the law member of the Tribunal is a sitting judge, while making such an
inquiry, it shall be done in accordance with the prevailing law concerning his/her terms of service.
(3) The procedure of inquiry, for the purpose of Clause (f) of Sub-section Sub-section (1), shall be as prescribed.
(4) Government of Nepal shall, in case of vacancy of the office of any member of Tribunal under Sub-section (1), fulfill such vacancy from among the persons who are qualified under section 61 for remaining term of office of such a member.
a) On expiry of terms of office,
b) On attainment of sixty three years of age.
c) On death,
d) If one tenders resignation,
e) If one is convicted by a court on any criminal offence involving moral turpitude, or
f) If it is proved that one has misbehavior or has become incompetent to perform one’s duty while making an inquiry by Government of Nepal on the charge that one has misbehavior against one’s office or has become incompetent to perform one’s duty.
Provided that, a Member of the Tribunal charged under this Clause shall given a reasonable opportunity to defense his/her case.
(2) Notwithstanding anything contained in Clause (f), if the law member of the Tribunal is a sitting judge, while making such an
inquiry, it shall be done in accordance with the prevailing law concerning his/her terms of service.
(3) The procedure of inquiry, for the purpose of Clause (f) of Sub-section Sub-section (1), shall be as prescribed.
(4) Government of Nepal shall, in case of vacancy of the office of any member of Tribunal under Sub-section (1), fulfill such vacancy from among the persons who are qualified under section 61 for remaining term of office of such a member.