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Provision relating to formation and operation of NMC 2012 A.D.

Provision relating to formation and operation of National Muslim Commission 2068 B.S. (2012 A.D.)

1     Establishment of the Commission

Government of Nepal has established National Muslim Commission for the development of financial, social and various aspects of the Muslim community peoples

At this National Muslim Commission (hereinafter stated as the commission), the commission has made provision for 13 officials including one Chairman, one Member Secretary and eleven members and Government of Nepal has the provision of nominating among those Muslim community peoples who have rendered appreciable contribution for development of Muslim peoples.

The tenure of the officials of this commission will be for the maximum period of four years.

2     Meeting and tasks system of the commission

 The meeting and task system of the commission will be as per the decision made by the commission itself.

3     Functions, Rights and Duties of the commission

Functions, Rights and Duties of the commission will be as follows:

  • To formulate of National policy and programs for the upliftment and development of the Muslim community and recommend to the government of Nepal for its execution,
  • To examine, monitor, evaluate of prevailing legal provisions, government policy and recommend to Government of Nepal for the creation of enabling environment for the use of rights and benefits to the Muslim peoples,
  • To manage the Madarsa (Muslim Community Academic Institution) and to co-relate of Madarsa education system in National Education system,
  • To promote and conserve the Muslim Community’s Masjid, Kavresthan, Makbara, Majar etc,
  • To promote and conserve the Muslim community cultural importance bearing language, literature, life style, festivals, artifacts etc,
  • To manage necessary provision for declaration of the rising of the moon at the occasion of Ramjan, Edul Fitra, Edul Ajha etc,
  • To monitor and evaluate the effectiveness of the programs initiated by the Government of Nepal for the progress and development of Muslim Community peoples and recommend for the necessary improvement at concerned authorities,
  • To coordinate and work with various national organization for the progress and development of Muslim community peoples,
  • To   organize   various   central   and   local   level   conference,   discussion, seminars, gatherings, convention for the welfare and interest related to Muslim community peoples and increase public awareness through communication and broadcasting medias,
  • To provide consultancy services to Government of Nepal and its other authorities  relating  to  the  national  rules,  project  and  programs  for  the development of Muslim Community peoples,
  • To  investigate  and  research  the  financial,  academic,  social,  religious, cultural, historical aspects of the Muslim Community,
  • To submit the annual program and budget for approval after preparing them,
  • To draft legislation of National Muslim Commission for proper enactment,
  • To  investigate  the  complaints  registered  in  the  commission  regarding violation of rights and duties of Muslim community and recommend to concerned authorities for further action.

4     Office of the Commission

Office of the commission will be located at Kathmandu Valley.

The daily administrative operation of the commission will be done by the officials deputed by the Government of Nepal under direction of Member Secretary.

5     Functions,  Duties and Rights of Chairman and Members
(1)   The functions, duties and rights of the Chairman will be as follows :

To call the meeting of the commission and preside it as well.

To get responsibility as a chief of the commission for the other functional and activities of the commission except personnel administration and financial administration.

To perform other functions prescribed by the commission.

(2)   The functions, duties and rights of the members will be as follows :

To actively participate at the programs operated by the commission.

To  perform  other  functions  prescribed  by  the  commission  and  the Chairman.

6     Functions, Duties and Rights of Member Secretary

The functions, duties and rights of the member secretary will be as follows :

To certify the decision of the commission.

To execute the decision of the commission.

To prepared the subject matters for the meeting.

To manage the administrative functions of the commission on direction of the Chairman.

To prepare the annual budget and program of the commission. (vi)  To draft the report of the commission.

To represent the commission with other Government of Nepal offices, organization etc.

To perform other functions as prescribed.

7     Remuneration and Facilities of Chairman, Member and Member Secretary

Chairman and Member Secretary will be the full time officials of the commission

The members of the commission should participate at the meeting of the commission and perform other works prescribed by the commission.

The  chairman,  member  secretary  and  members  of  the  commission  will receive the following monthly salary and facilities. This facilities will be effective from the date of appointment.

(a)  Monthly Salary:
Chairman, Member Secretary and Members will receive the monthly salary
Rs. 21,000/-, 20,000/- and 15,000/- respectively.

(b)  Meeting Allowances:
Chairman,    Member    Secretary    and    Members    will    get    Rs.    500/- (Five Hundred Only) as meeting allowances per day for the attendance at the meeting of the commission. These allowances will be provided for 25 meetings in one fiscal year.

(c)  Daily Travelling Allowances:
The daily travelling allowances will be provided as special level to Chairman and Member Secretary and first level to members according to Travelling Allowances Regulation 2064 B.S. (2007 A.D.)

(d)  Vehicle and Fuel Facilities:
(i)  The Chairman and Member Secretary of the commission will be provided one/one vehicle along with driver if possible.
(ii)  The Chairman and Member Secretary will receive 100 & 80 liters petrol and diesel (as per vehicle) monthly and 5 liters Mobil every 3 months. The maintenance and management of grease for those vehicles will be done by the commission itself.
(iii) If the Chairman and Member Secretary use their private vehicle, then a lump sum amount equivalent to above mentioned facilities at No. (ii) will be provided to them.
(iv) If  the  Chairman  and  Member  Secretary  does  not  want  to  use  the vehicle facilities provided to them or if the commission unable to provide vehicle facilities to them, then Chairman and Member Secretary will be provided Rs. 6000/- monthly as vehicle facilities allowance.
(v)   The facilities being received by the Chairman and Member Secretary will be provided for 7 days after the end of their tenure.

(E)  Telephone and facilities
(i)   The Chairman, Member Secretary and Members of this commission will be provided one line of telephone at their residence along with occurred charges.
(ii) The Chairman and Member Secretary will be provided Rs. 1000/- monthly by the commission for the telephone expenses.

8     Fund
(1)   Commission shall have its separate fund.
(2)   The following amount will be kept at the fund of the commission. (a)  Amount received from Government of Nepal.
(b)  Subsidy and donation received from domestic organization, institution and persons.
(c) Donation amount received from foreign government, international organization, institution and persons.
(d)  Obtained amount to the commission from any other sources.
(3)   The commission should take the pre approval from the Government of Nepal before received No. (c) grant of Sub Section (2).
(4)   The amount received to the commission from the sources as mentioned at Sub Section (2) should be “A” grade bank or financial institution after opening an account.
(5)   All the expenses of the commission should be bear from the fund mentioned at Sub Section (1).
(6) The fund will be operate by joint signature of authorized officer and accounted deputed by Government of Nepal under direct supervision of Member Secretary.
(7)   Other financial system will be as per prevailing laws.

9     Account and Auditing

(1)   The income and expenditure account of the commission should be recorded as per prevailing legal provisions.
(2)   The auditing of the commission will be done by Department of Auditing.
(3)   The income and expenditure account, fund, relevant documents and other cash and kind can be inspected at any time by the Government of Nepal.

10    Employees of the Commission

The following posts of personnel approved for the operation of daily works of the commission and among the such approved post, Under Secretary and Accountant will be deputed by Ministry of Federal Affairs and Local Development and other personnel   will be appointed in contract basis through the legal procedure. Salary and allowances will provided from the pre approved budget.

Number and post of the personnels
1)    Under Secretary, Gazetted Second Class (Administration)                                                    - 1
2)    Section Officer, Gazetted Third Class (Administration/Technical)                                          -1
3)    Legal Officer                                                                                                                                       -1
4)     Na Su (  Administration Assistant) , Non Gazetted First Class (Chairman, Member Secretary, P.A., Librarian)    -8
5)     Accountant, Non Gazetted First Class                                                                                          -1
6)      Computer Operator, Technical Assistant, Non Gazetted First                                                -1
7)      Kharidar, Non Gazetted Second (Administration)                                                                      -1
8)      Light Vehicle Driver                                                                                                                           -3
9)      Peon/Guard                                                                                                                                        -6
 Total                                                                                                                                                             -25

(2) Except the budget received by the commission from Government of Nepal for conducting programs, the income from other sources can be used to recruit necessary manpower for the time being of conducting any program.

11   Formation of Committee and Sub Committee

(1) For any types of special tasks, the commission can form committee and sub-committee for a certain time period.
(2) The tasks and terms of the committee and sub-committee formed as per Sub Section (1) will be prescribed by the commission while forming such committees.

12   Work Report of the commission & contact with Government of Nepal

(1) The annual report of the tasks performed by the commission should be
submitted to the Government of Nepal
(2) While  contacting  the  Government  of  Nepal  by  the  commission  should contact through Ministry of Federal Affairs and Local Development.

13  Delegation of authority

The  commission  can  delegate  some  authorities  among  the  total  authorities to committee, subcommittee, task groups, chairman, member and member secretary or officer level personnel of the commission.