The Interim Constitution of Nepal, 2063 (2007) - Digital Himalaya

THE INTERIM CONSTITUTION OF NEPAL, 2063 (2007)AS AMENDED BY THE FIRST TO SIXTH AMENDMENTS(6) Unless the subject or context otherwise requires, the word "Judge" asmentioned in this Article and ensuing Articles shall mean and include anAdditional Judge.(7) The remuneration, allowances, pension, leave, gratuity and privileges andother conditions of service of the Chief Judge and other Judges of the AppellateCourts and the Judges of the District Court shall be as determined by law.(8) The remuneration, privileges and conditions of service of the Chief Judge,other Judges of the Appellate Courts and the Judges of the District Courts shallnot be altered to their disadvantage.(9) Notwithstanding anything contained in clause (7), a Judge of an AppellateCourt or of a District Court who is removed from his/her office pursuant toSub-clause (c) of clause (10) shall not be entitled to any gratuities or pension.(10) A Judge of an Appellate Court or District Court shall cease to hold office inthe following circumstancesa) if he/she submits written resignation to the Chief Justice,b) if he/she attains the age of sixty three years,c) if he/she is removed by the Chief Justice in accordance with a decisionof the Judicial Council for reasons of incompetence, misbehaviour orfailure to discharge the duties of his/her office in good faith, incapacityto discharge those duties due to physical or mental reasons or fordeviation from the task of dispensing justice.A Judge of the Appellate Court or District Court who is facing a chargeunder this sub-clause shall be given a reasonable opportunity to defendhimself/herself; and for this purpose, the Judicial Council may constitute a"Committee of Inquiry" for recording the statement of the Judge, collectingevidence and submitting its findings thereon. The working procedure ofthe Committee shall be as regulated by law.d) if he/she dies.(11) A Judge of an Appellate Court or District Court against whom proceedingshave been initiated pursuant to sub-clause (c) of clause (10) shall not performthe duties of his/her office until the proceedings have been completed.168