Part- 27 Other Commissions

Part- 27 Other Commissions

Other Commissions
252. National Women Commission:

(1) There shall be a National Women
Commission of Nepal, consisting of a Chairperson and four other members.

(2) The President shall, on the recommendation of the Constitutional
Council, appoint the Chairperson and members of the National Women
Commission.

(3) The term of office of the Chairperson and members of the National
Women Commission shall be six years from the date of appointment.

(4) Notwithstanding anything contained in clause (3), the office of the
Chairperson or member of the National Women 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,

(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 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) A person shall be eligible to be appointed as the Chairperson or a
member of the National Women Commission if he or she possesses the following
qualification:

(a) being a woman having rendered outstanding contribution, for at least
ten years, to the field of rights and interests of women or gender
justice or women development or human rights and law,

(b) in the case of the Chairperson, holding a bachelor’s degree from a
recognized university,

(c) having attained the age of forty five years,

(d) not being a member of any political party at the time of appointment,
and

(e) being of high moral character.

(7) The remuneration and conditions of service of the Chairperson and
members of the National Women Commission shall be as provided for in the
Federal law, and their remuneration and conditions of service shall not, so long as
they hold office, be altered to their 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 Chairperson or a member of the
National Women Commission shall not be eligible for appointment in other
government 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.

253. Functions, duties and powers of National Women Commission:

(1) The
functions, duties and powers of the National Women Commission shall be as
follows:

(a) to formulate policies and programs concerning the rights and interests of
the women and submit them to the Government of Nepal for
implementation.

(b) to monitor as to whether laws concerning the rights and interests of the
women and obligations under the international treaties to which Nepal is
a party have been implemented, and make suggestions, accompanied by
the measures for their effective compliance and implementation to the
Government of Nepal,

(c) in order to have the women included in the mainstream of national
development and ensure proportional participation in all organs of the
State, to assess, monitor and evaluate the existing policies and
programs, and make recommendation to the Government of Nepal for
their effective implementation,

(d) to carry out study and research work on the legal provisions relating to
gender equality, empowerment of women and women, make
recommendations to the concerned bodies on reforms to be made on
such laws, and monitor the same.

(e) to make suggestions to the Government of Nepal about the preparation
of reports to be submitted by Nepal in accordance with the provisions
contained in the international treaties or agreements concerning
women’s rights, to which Nepal is a party,

(f) if it is necessary to file cases against any persons or bodies on matters of
violence against women or being subjected to social ill-practices or
infringement of or deprivation of enjoyment of women’s rights, to make
recommendations to the concerned bodies to file such cases in courts in
accordance with the law.

(2) The National Women Commission may so delegate any of its
functions, duties and powers to the Chairperson of the Commission, any of its
members or any employee of the Government of Nepal as to be exercised and
complied with subject to the specified conditions.

(3) Other functions, duties and powers and other relevant matters of the
National Women Commission shall be as provided for in the Federal law.
254. Powers to establish offices in States: The National Women Rights Commission
may, as required, establish its offices in States

.
255. National Dalit Commission: (1) There shall be a National Dalit Commission of
Nepal, consisting of a Chairperson and four other members.

(2) The President shall, on the recommendation of the Constitutional
Council, appoint the Chairperson and members of the National DalitCommission.

(3) The term of office of the Chairperson and members of the National
Dalit Commission shall be six years from the date of appointment.

(4) Notwithstanding anything contained in clause (3), the office of the
Chairperson or member of the National Dalit 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,

(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 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) A person shall be eligible to be appointed as the Chairperson or a
member of the National Dalit Commission if he or she possesses the following
qualification:

(a) being a person having rendered outstanding contribution to the field
of rights and interests of the Dalit community or human rights and
law, for at least ten years,

(b) in the case of the Chairperson, holding at least a bachelor’s degree
from a recognized university,

(c) having attained the age of forty five years,

(d) not being a member of any political party at the time of appointment,
and

(e) being of high moral character.

(7) The remuneration and conditions of service of the Chairperson and
members of the National Dalit Commission shall be as provided for in the Federal
law, and their remuneration and conditions of service shall not, so long as they
hold office, be altered to their 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 Chairperson or a member of the
National Dalit Commission shall not be eligible for appointment in other
government 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.

256. Functions, duties and powers of National Dalit Commission:

(1) The functions,
duties and powers of the National Dalit Commission shall be as follows:
(a) to conduct study and exploration as to the overall situation of the Dalit
community, identify areas of necessary policy, legal and institutional
reforms in that field, and make recommendations to the Government of
Nepal,
(b) to formulate national policies and programs concerning the interests of
the Dalit for the upliftment and development of the Dalit, putting an end
to caste-based discrimination, oppression and discrimination, and
submit such policies and programs to the Government of Nepal for their
implementation,
(c) to monitor as to whether laws concerning the interests of the Dalit,
including the special provisions made for the upliftment and interests of
the Dalit community have been effectively implemented, and in the
event of absence of observance or implementation, to make suggestions
to the Government of Nepal for the observance or implementation
thereof,
(d) to make suggestions to the Government of Nepal about the preparation
of reports to be submitted by Nepal in accordance with the provisions
contained in the international treaties or agreements concerning the
rights of the Dalit community, to which Nepal is a party,
(e) in order to have the Dalit community included in the mainstream of
national development and ensure proportional participation in all organs
of the State, to assess, monitor and evaluate the existing policies and
programs, and make recommendation to the Government of Nepal for
their effective implementation,
(f) if it is necessary to file cases against any persons or bodies on matters of
being victims of caste-based discrimination and untouchability or social ill-practices or infringement of or deprivation of enjoyment of the rights
of the Dalit, to make recommendations to the concerned bodies to file
such cases in courts in accordance with the law.

(2) The National Dalit Commission may so delegate any of its
functions, duties and powers to the Chairperson of the Commission, any of its
members or any employee of the Government of Nepal as to be exercised and
complied with subject to the specified conditions.

(3) Other functions, duties and powers and other relevant matters of the
National Dalit Commission shall be as provided for in the Federal law.

257. Powers to establish offices in States: The National Dalit Commission may, as
required, establish its offices in States.

258. National Inclusion Commission:

(1) There shall be a National Inclusion
Commission of Nepal, consisting of a Chairperson and four other members.

(2) The President shall, on the recommendation of the Constitutional
Council, appoint the Chairperson and members of the National Inclusion
Commission.

(3) The term of office of the Chairperson and members of the National
Inclusion Commission shall be six years from the date of appointment.

(4) Notwithstanding anything contained in clause (3), the office of the
Chairperson or member of the National Inclusion 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,
(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 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) A person shall be eligible to be appointed as the Chairperson or a
member of the National Inclusion Commission if he or she possesses the following
qualification:
(a) being a person having rendered outstanding contribution, for at least
ten years, to the field of social inclusion, rights and interests or
development of persons with disabilities, minority and marginalized
communities and backward areas and classes or human rights,
(b) in the case of the Chairperson, holding a bachelor’s degree from a
recognized university,
(c) having attained the age of forty five years,
(d) not being a member of any political party at the time of appointment,
and
(e) being of high moral character.

(7) The remuneration and conditions of service of the Chairperson and
members of the National Inclusion Commission shall be as provided for in the
Federal law, and their remuneration and conditions of service shall not, so long as
they hold office, be altered to their 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 Chairperson or a member of the
National Inclusion Commission shall not be eligible for appointment in other
government 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.

259. Functions, duties and powers of National Inclusion Commission:

(1) The
functions, duties and powers of the National Inclusion Commission shall be as
follows:
(a) to conduct study and research works for the protection of the rights and
interests of the communities, including KhasArya, Pichhada class,
persons with disabilities, senior citizens, labours, peasants, minorities
and marginalized community, backward class, people of Karnali and the
indigent class,
(b) to study the status of implementation of the policies and laws adopted
by the Government of Nepal for the inclusion of the community, class
and region mentioned in sub-clause (a) and make suggestions to the
Government for reforms,
(c) to study as to whether there has been appropriate representation of the
community, class and region mentioned in sub-clause (a) in the organs
of the State and make suggestions to the Government of Nepal to review
the special provisions made for the representation of such community,
class and region,
(d) to study as to whether the protection, empowerment and development of
the community, class and region mentioned in sub-clause (a) has been
satisfactory and make recommendations to the Government of Nepal
about policies to be pursued in the future,
(e) to make suggestions to the Government of Nepal about policies and
programs to be pursued for the development and prosperity of the
Karnali and backward regions,
(f) to make recommendations for timely revisions of laws concerning
minority and marginalized communities,
(g) to monitor the status of implementation of rights and interests
guaranteed for minority and marginalized communities and make
recommendations for revision upon necessary review on the basis of
periodic national census and human development index.

(2) The National Inclusion Commission may so delegate any of its
functions, duties and powers to the Chairperson of the Commission, any of its
members or any employee of the Government of Nepal as to be exercised and
complied with subject to the specified conditions.

(3) Other functions, duties and powers and other relevant matters of the
National Inclusion Commission shall be as provided for in the Federal law.

260. Powers to establish offices in States: The National Inclusion Rights Commission
may, as required, establish its offices in States.

261. Indigenous Nationalities Commission:

(1) There shall be an Indigenous
Nationalities Commission of Nepal, consisting of a Chairperson and a maximum of
four other members.

(2) The President shall, on the recommendation of the Constitutional
Council, appoint the Chairperson and members of the Indigenous Nationalities
Commission.

(3) The term of office of the Chairperson and members of the
Indigenous Nationalities Commission shall be six years from the date of
appointment.

(4) Other matters relating to the qualification for the Chairperson and
members of the Indigenous Nationalities Commission, circumstances in which
their offices fall vacant, their remuneration and conditions of service and the
functions, duties and powers of this Commission shall be as provided for inthe
Federal law.

262. Madhesi Commission:

(1) There shall be a Madhesi Commission of Nepal,
consisting of a Chairperson and a maximum of four other members.
(2) The President shall, on the recommendation of the Constitutional
Council, appoint the Chairperson and members of the Madhesi Commission.
(3) The term of office of the Chairperson and members of the Madhesi
Commission shall be six years from the date of appointment.
(4) Other matters relating to the qualification for the Chairperson and
members of the Madhesi Commission, circumstances in which their offices fall
vacant, their remuneration and conditions of service and the functions, duties and
powers of this Commission shall be as provided for in the Federal law.

263. Tharu Commission:

(1) There shall be a Tharu Commission of Nepal, consisting
of a Chairperson and a maximum of four other members.

(2) The President shall, on the recommendation of the Constitutional
Council, appoint the Chairperson and members of the Tharu Commission.

(3) The term of office of the Chairperson and members of the Tharu
Commission shall be six years from the date of appointment.

(4) Other matters relating to the qualification for the Chairperson and
members of the Tharu Commission, circumstances in which their offices fall
vacant, their remuneration and conditions of service and the functions, duties and
powers of this Commission shall be as provided for in the Federal law.

264. Muslim Commission:

(1) There shall be a Muslim Commission of Nepal,
consisting of a Chairperson and a maximum of four other members.

(2) The President shall, on the recommendation of the Constitutional
Council, appoint the Chairperson and members of the Muslim Commission.

(3) The term of office of the Chairperson and members of the Muslim
Commission shall be six years from the date of appointment.

(4) Other matters relating to the qualification for the Chairperson and
members of the Muslim Commission, circumstances in which their offices fall
vacant, their remuneration and conditions of service and the functions, duties and
powers of this Commission shall be as provided for in the Federal law.

265. Review of Commissions: The Federal Parliament shall, after ten years of the
commencement of this Constitution, review the Commissions formed under this
Part.