(1) A person who is appointed to the office of Office-bearer of Constitutional Body shall, upon retirement from that office, be entitled to the following pension or gratuity as follows:
(a) If he or she has already completed the service period of Ten years in the office of Office-bearer of the Constitutional Body, a monthly pension of Sixty Six percent of his or her monthly remuneration.
(b) If a person who is holding a constitutional position or in the service of the Government of Nepal or who is a
retired person from such service is appointed to the office of Office-bearer of Constitutional Body and
retires from the service and he or she has completed the service period of Twenty years or more upon computing
the period of his or her such previous service and the period of service in the office of Office-bearer of
Constitutional Body, he or she shall, upon his or her retirement, be entitled to choose any one out of the
monthly as referred to in Clause (a) or the monthly pension to be set as follows:
Total year of service X monthly remuneration Explanation: For the purposes of this Clause, “period
of service in the government service’ shall mean the period of service upon being appointed by the
Government of Nepal or by a corporate body receiving grants from the Government of Nepal to any
pensionable post, pursuant to the laws in force.
(2) For the purpose of calculating the period of pension pursuant to clause (a) of Sub-section (1), such calculation shall be made by adding half the total period of service in the constitution position or office or government
service or in both offices to the office of Chief Office-bearer or Office-bearer 0 f Constitutional Body or in both offices.
(3) If a person who has already got gratuity for having served in a
constitutional position or in the service of the Government of Nepal is
appointed to the office of Office-bearer of Constitutional Body and returns
the whole amount of gratuity received by him or her previously within one
year of such appointment, his or her previous service period shall be
calculated for the purposes of pension.
(4) The amount of gratuity to be received by the Office-bearer of
Constitutional Body pursuant to this Section shall not be more than his or her
remuneration of Twelve months.
(5) When the remuneration of the Office-bearers of Constitutional
Bodies is increased, the figure of pension being drawn by the Office-bearer
of Constitutional Body who is receiving pension shall be also be increased
by Two-Thirds of the percent of increase in the figure of remuneration.
(6) If a person who is receiving pension for having served in a
constitutional position or in the service of the Government of Nepal is
appointed to the office of Office-bearer of Constitutional Body and is also
eligible to pension pursuant to this Act, he or she may choose any one out of
the pension being received by him or her previously and the pension
receivable pursuant to this Act.
(7) Notwithstanding anything contained in the foregoing Sub-sections,
an Office-bearer of Constitutional Body who is removed from office for the
reason of incompetence or misconduct or failure to perform duties of his or
her office honestly shall not be eligible to receive pension or gratuity
pursuant to this Act.