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(3) The term of office of the Auditor General shall be six years from
the date of appointment.
(4) Notwithstanding anything contained in clause (3), the office of
the Auditor General shall be vacant in any of the following circum stances:
(a) if he or she tenders resignation in writing to the President,
(b) if he or she attains the age of sixty -five years,
(c) if a motion of impeachment is passed against him or her
under Article 101,
(d) if he or she is removed from office by the President on
recommendation of the Constitutional Council on grounds
of his or her inability to hold office and discharge the
functions due to physical or mental illness,
(e) if he or she dies.
(5) The Auditor Ge neral appointed under clause (2) shall not be
eligible for reappointment.
(6) A person shall be eligible to be appointed as the Auditor General
if he or she possesses the following qualification:
(a) having served in the Special Class of the Government of
Nepal or having at least twenty years of experiences in
audit related work , after having obtained a bachelor's
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degree in management, commerce or accounting from a
recognized university or having passed a chartered
accountancy examination,
(b) not being a m ember of any political party at the time of
appointment,
(c) having attained the age of forty five years, and
(d) being of high moral character.
(7) The remuneration and conditions of service of the Auditor
General shall be as provided for in the Federal l aw. The remuneration and
conditions of service of the Auditor General shall not, so long as he or she
holds office, be altered to his or her disadvantage.
Provided that this provision shall not apply in cases where a state of
emergency is declared because of extreme economic disarrays.
(8) A person once appointed as the Auditor General shall not be
eligible for appointment in another government service.
Provided that nothing in this clause shall be deemed to be a bar to the
appointment to any political posi tion or to any position which has the
responsibility of making investigations, inquiries or findings on any subject, or
to any position which has the responsibility of submitting advice, opinion or
recommendation after carrying out a study or research on a ny subject.
241. Func tions, duties and powers of Auditor -General : (1) The accounts of all
Federal and State Government Offices including the Office of the President,
Office of the Vice -President, Supreme Court, Federal Parliament, State
Assembly, State Gov ernment, Local level , Constitutional Bod ies and Offices
thereof, C ourts, Office of the Attorney General , Nepal Army, Nepal Police and
Armed Police Force , Nepal shall be audited by the Auditor -General in
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accordance with law, having regard to , inter alia , the regularity, economy,
efficiency, effectiveness and the propriety thereof.
(2) The Auditor General shall be consulted in the matter of
appointment of an auditor to carry out the audit of a corporate body of which
the Government of Nepal or State Govern ment owns more than fifty percent of
the shares or assets. The Auditor General may also issue necessary directives
setting forth the principles for carrying out the audit of such corporate body.
(3) The Auditor General shall, at all times, have power to ex amine
any books of accounts for the purpose of carrying out the functions under
clause (1). It shall be the duty of the concerned chief of office to provide all
such documents and information as may be demanded by the Auditor General
or any of his or her e mployees.
(4) The accounts to be audit ed pursuant to clause (1) shall be
maintained in the form prescribed by the Auditor General , as provided for in
the Federal l aw.
(5) In addition to the accounts of the offices mentioned in clause (1),
the Federal law m ay also require the accounts of any other office s or bodies to
be audited by the Auditor General.
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Part -23
Public Service Commission
242. Public Service Commission : (1) There shall be a Public Service Commission
of Nepal, consisting of the Chairperson and four other Members.
(2) The President shall, on the recommendation of the Constitutional
Council, appoint the Chairperson and Members.
(3) At least fifty percent of the tota l number of Members of the
Public Service Commission shall be appointed from amongst the persons who
have worked for twenty or more in any government service, and the rest of the
Members shall be appointed from amongst the persons who hold reputation
after having done research, investigation, teaching or any other significant
work in the field of science, technology, art, literature, law, public
administration, sociology or other sphere of national life.
(4) The term of office of the Ch airperson and Members of the Public
Service Commission shall be six years from the date of appointment.
(5) The Chairperson and Members appointed under clause (2) shall
not be eligible for reappointment.
Provided that a Member may be appointed to the office of Chairperson,
and when a Member is so appointed as the Chairperson, his or her term of
office shall be so computed as to include his or her term as the Member.
(6) Notwithstanding anything contained in clause (4 ), the office of
the Ch airperson or a Member of the Public Se rvice Commission shall be
vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the President,
(b) if he or she attains the age of sixty -five years,
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(c) if a motion of impeachment is passed against him or her
unde r Article 101,
(d) if he or she is removed from office by the President on
recommendation of the Constitutional Council on grounds
of his or her inability to hold office and discharge the
functions due to physical or mental illness,