Part 27 : Other Commissions | The Constitution of Nepal 2015

Part 27
Other Commissions

252. National Women Commission:

There shall be a National Women Commission of Nepal, consisting of a Chairperson and four other members.
The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members of the National Women Commission.
The term of office of the Chairperson and members of the National Women Commission shall be six years from the date of appointment.
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:
1. if he or she tenders resignation in writing to the President,
2. if he or she attains the age of sixty-five years,
3. if a motion of impeachment is passed against him or her under Article 101,
4. 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,
5. if he or she dies.
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.
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:
1. 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,
2. in the case of the Chairperson, holding a bachelor’s degree from a recognized university,
3. having attained the age of forty five years,
4. not being a member of any political party at the time of appointment, and
5. being of high moral character.
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.
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:

The functions, duties and powers of the National Women Commission shall be as follows:
1. to formulate policies and programs concerning the rights and interests of the women and submit them to the Government of Nepal for implementation.
2. 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,
3. 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,
4. 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.
5. 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,
6. 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.
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.
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:

There shall be a National Dalit Commission of Nepal, consisting of a Chairperson and four other members.
The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members of the National DalitCommission.
The term of office of the Chairperson and members of the National Dalit Commission shall be six years from the date of appointment.
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:
1. if he or she tenders resignation in writing to the President,
2. if he or she attains the age of sixty-five years,
3. if a motion of impeachment is passed against him or her under Article 101,
4. 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,
5. if he or she dies.
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.
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:
1. 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,
2. in the case of the Chairperson, holding at least a bachelor’s degree from a recognized university,
3. having attained the age of forty five years,
4. not being a member of any political party at the time of appointment,
  and
5. being of high moral character.
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.
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:

The functions, duties and powers of the National Dalit Commission shall be as follows:
1. 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,
2. 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,
3. 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,
4. 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,
5. 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,
6. 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.
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.
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:

There shall be a National Inclusion Commission of Nepal, consisting of a Chairperson and four other members.
The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members of the National Inclusion Commission.
The term of office of the Chairperson and members of the National Inclusion Commission shall be six years from the date of appointment.
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:
1. if he or she tenders resignation in writing to the President,
2. if he or she attains the age of sixty-five years,
3. if a motion of impeachment is passed against him or her under Article 101,
4. 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,
5. if he or she dies.
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.
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:
1. 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,
2. in the case of the Chairperson, holding a bachelor’s degree from a recognized university,
3. having attained the age of forty five years,
4. not being a member of any political party at the time of appointment,
  and
5. being of high moral character.
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.
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:

The functions, duties and powers of the National Inclusion Commission shall be as follows:
1. 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,
2. 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,
3. 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,
4. 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,
5. 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,
6. to make recommendations for timely revisions of laws concerning minority and marginalized communities,
7. 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.
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.
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:

There shall be an Indigenous Nationalities Commission of Nepal, consisting of a Chairperson and a maximum of four other members.
The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members of the Indigenous Nationalities Commission.
The term of office of the Chairperson and members of the Indigenous Nationalities Commission shall be six years from the date of appointment.
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 in the Federal law.

262. Madhesi Commission:

There shall be a Madhesi Commission of Nepal, consisting of a Chairperson and a maximum of four other members.
The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members of the Madhesi Commission.
The term of office of the Chairperson and members of the Madhesi Commission shall be six years from the date of appointment.
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:

There shall be a Tharu Commission of Nepal, consisting of a Chairperson and a maximum of four other members.
The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members of the Tharu Commission.
The term of office of the Chairperson and members of the Tharu Commission shall be six years from the date of appointment.
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:

There shall be a Muslim Commission of Nepal, consisting of a Chairperson and a maximum of four other members.
The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members of the Muslim Commission.
The term of office of the Chairperson and members of the Muslim Commission shall be six years from the date of appointment.
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.