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:

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(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:

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(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

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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.

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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.

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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

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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

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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.

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(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

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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.

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(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.

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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.