Nepal 2015 Constitution (reviewed 2016)

PART 26. National Natural Resources and Fiscal Commission

250. National Natural Resources and Fiscal Commission

1. There shall be a National Natural Resources and Fiscal Commission in Nepal consisting of a Chairperson and members not exceeding five in number.
2. The President shall, on the recommendation of the Constitutional Council, appoint Chairperson and members of the National Natural Resources and Fiscal Commission.
3. The tenure of office of the Chairperson and members of the National Natural Resources and Fiscal Commission shall be for six years from the date of appointment.
4. Notwithstanding anything contained in Clause (3), the office of the Chairperson and members of the National Natural Resources and Fiscal Commission shall be deemed vacant in the following circumstances:
   1. If a written resignation is tendered to the President,
   2. If he/she attains the age of 65 years;
   3. If an impeachment motion against him/her is passed as per Article 101,
   4. If she/he is removed by the President on the recommendation of Constitutional Council for being unable to discharge the duties of her/his office due to physical or mental illness.
   5. If he/she dies.
5. The Chairperson and members appointed pursuant to clause (2) shall not be eligible for reappointment.Provided that nothing in this Clause shall be deemed to be a bar to the appointment of a member of the Commission as chairperson thereof, and when a member is so appointed as the Chairperson, her/his term of office shall be computed so as to include her/his tenure as member as well.
6. Any person with the following qualifications is eligible to be appointed as the Chairperson or member of the National Natural Resources and Fiscal Commission:
   1. who holds at least a Bachelor’s Degree in the concerned subject from a university recognized with expertise in natural resources or fiscal management, economics, law or management, and having at least twenty years of experience in the sector
   2. who is not a member of a political party at the time of the appointment,
   3. who is at least forty five years of age, and
   4. who has a high moral character.
7. The remuneration and the conditions of service of the Chairperson and members of the National Natural Resources and Fiscal Commission shall be as provided for by law, and the remuneration and conditions of service shall not be alterable to their disadvantage.Provided that, this provision shall not be applicable in the event of the declaration of a State of Emergency due to extreme economic breakdown.
8. A person who has already served as the Chairperson or a member of the National Natural Resources and Fiscal Commission shall not be eligible to be appointed in other government position/service.Provided that nothing in this Clause shall be deemed to be a bar to the appointment to any political position 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 any subject.

251. The functions, duties and powers of National Natural Resources and Fiscal Commission

1. The functions, duties and powers of the National Natural Resources and Fiscal Commission shall be as follows:
   1. Determine extensive grounds and measures, regarding the distribution of revenue from the federal consolidated fund to the federal, provincial and local level governments according to the constitution and law,
   2. Making recommendations, according to law, on distribution of the equalization grants to provincial and local governments from the federal consolidated fund,
   3. Conducting research and studies with regard to making a basis for distribution of conditional grants to provincial and local governments in compliance with national policy and program and standards, and the state of infrastructure there.
   4. Determine extensive grounds and measures regarding the distribution of revenue between provincial and local governments from the provincial consolidated fund.
   5. Making recommendations regarding the measures of reforms on responsibilities of expenditures and revenue generation for the federal, provincial and local governments.
   6. Making recommendations about the internal loans the federal, provincial and local governments may take, by analyzing the macroeconomic indices.
   7. Reviewing the bases of revenue distribution between the federal and provincial governments, and making recommendations for reform.
   8. Determine base for computing the share of investment and return for federal, provincial and local government while exploiting natural resources, and make necessary recommendations.
   9. Making recommendations about coordination and mitigation of disputes likely to arise regarding distribution of natural resources between the federation and province, between the provinces, between a province and local level entity, or between local level entities.
2. The National Natural Resources and Fiscal Commission shall make recommendations to the Nepal Government, by conducting necessary research into, with regards to environmental impact assessment linked to distribution of natural resources.
3. Other matters including the functions, duties and powers of the National Natural Resources and Fiscal Commission, extensive basis for revenue distribution and natural resources exploitation, shall be as provided for by Federal law.