Nepal 2015 Constitution (reviewed 2016) - Page 28 of 42

Table of Contents

PART 27. Other Commissions

252. National Women Commission

There shall be a National Women Commission in 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 other members shall be six years from the date of appointment.
Notwithstanding anything contained in Clause (3), the office of the Chairperson and members of National Women Commission shall be deemed vacant in the following circumstances:
1. if she submits written resignation to the President,
2. if she attains the age of sixty five,
3. if a motion of impeachment is passed against her as per Article 101,
4. If she/he is removed by the President on the recommendation of Constitutional Council for being unable to discharge the duties of her/his office due to physical or mental illness.
5. if she dies.
The Chairperson and members appointed pursuant to clause (2) shall not be eligible for reappointment.Provided that nothing in this Clause shall be deemed to be a bar to the appointment of a member of the Commission as chairperson thereof, and when a member is so appointed as the Chairperson, her/his term of office shall be computed so as to include her/his tenure as member as well.
Any person who possesses the following qualifications is eligible to be appointed as the Chairperson or member of National Women Commission:-
1. a woman who has made a significant contribution for the rights, interest of women or gender justice or women development or in the field of human rights and law for at least ten years,
2. holds a Bachelor’s Degree from a recognized university in case of the Chairperson,
3. has attained the age of forty-five,
4. is not a member of any political party immediately before the appointment, and
5. possesses high moral character,
The remuneration and other conditions of service of the Chairperson and other members of the National Women Commission shall be as determined by law. The remuneration and other conditions of service of the Chairperson and the member of the National Women Commission shall not, so long as they hold office, be altered to their disadvantage.Provided that, this provision shall not apply in the case of declaration of a State of Emergency due to extreme economic breakdown.
A person who has been the Chairperson or member of National Women Commission shall not be eligible for appointment in other Government Services.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 the National Women Commission

Functions, duties and powers of the Federal Women Commission shall be as follows:-
1. To formulate policies and programs regarding women welfare for the Government of Nepal and forward them to the Government for implementation,
2. To review whether or not statutes related to women’s welfare are executed, and whether the international covenant signed by Nepal, as a signatory, has been executed, and to forward a recommendation to the Government of Nepal in case they are found not to have been executed,
3. To monitor, review and evaluate policies and programs implemented by the State to bring women into the mainstream of national development such as proportionate representation in all of the state agencies, and to forward a recommendation to the Government of Nepal for an effective implementation of those provisions,
4. To carry out research and studies regarding gender equality, women empowerment, other legal provisions concerning women, and to forward a recommendation to the concerned bodies regarding the areas to be amended in those laws, and to monitor the same,
5. To monitor the government regarding report to be submitted by the Government of Nepal in matters related to international covenant and treaties to which Nepal is a party,
6. To forward a recommendation to concerned authority to lodge a petition in the court, in accordance with the law, in matters related with gender violence, and women deprived of women rights due to social malpractices,
The National Women Commission may delegate, some of its rights to the Chairperson of the Commission, member, or an officer of the Government of Nepal, to be exercised in compliance with the conditions specified.
Other functions, duties and powers of the National Women Commission shall be as specified in Federal law.

254. Offices may be established in province

The National Women’s Commission may establish its offices in provinces as may be necessary.

255. National Dalit Commission

There shall be a National Dalit Commission in Nepal consisting of Chairperson and four other Members.
The President shall, on the recommendation of Constitutional Council, appoint the Chairperson and members of National Dalit Commission.
The term of office for the Chairperson and Members of National Dalit Commission shall be for six year from the date of appointment.
Notwithstanding anything contained in the clause (3), the office of the Chairperson and the members of National Dalit Commission shall be vacant in the following circumstances:-
1. if he/she submits written resignation to the President,
2. If he/she is passed 65 years of age,
3. in case impeachment proposal filed against him/her is passed as per Article 101,
4. If she/he is removed by the President on the recommendation of Constitutional Council for being unable to discharge the duties of her/his office due to physical or mental illness, or
5. if he/she dies.
The Chairperson and members appointed pursuant to clause (2) shall not be eligible for reappointment.Provided that nothing in this Clause shall be deemed to be a bar to the appointment of a member of the Commission as chairperson thereof, and when a member is so appointed as the Chairperson, her/his term of office shall be computed so as to include her/his tenure as member as well.
Persons who meet following qualification shall be eligible for appointment in the posts of Chairperson and members of the National Dalit Commission:-
1. a person from Dalit community who has significantly contributed to Dalit welfare, human rights and in the legal field for at least ten years,
2. in case of the Chairperson, a person who has held at least Bachelor’s Degree in human rights, social justice, sociology, or law from the recognized university
3. who has attained the age of forty-five years,
4. who has not been a member of any political party immediately before the appointment,
5. who possesses high moral character.
The remuneration and other benefits of the Chairperson and members of the National Dalit Commission shall be as prescribed by law, and conditions and terms of remuneration and other benefits shall not be altered, so long as they hold office, to their disadvantage.Provided that extreme economic breakdown has led to the state of emergency, this provision shall not be applicable.
The person, who has served in the capacity of Chairperson or members of the National Dalit Commission, shall not be eligible for appointment in other government services.Provided that, nothing in this clause shall be deemed to be a bar to the appointment to any position of a political nature, or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to the position which has the responsibility of submitting advice, opinions or recommendations.

256. Functions, duties and powers of National Dalit Commission

Functions, duties and powers of National Dalit Commission shall be as follows:-
1. To carry out research and studies regarding Dalit community of Nepal so as to identify legal and institutional reforms to be made and make a recommendation to the Government of Nepal,
2. To formulate national policies and programs in matters related with ending caste discrimination, untouchability, suppression and to enhance Dalit’s status and development, and to forward a recommendation to the Government of Nepal for implementation,
3. To monitor, so as to ensure whether the special provisions and laws related with Dalit welfare have been implemented or not, and to forward a recommendation to the government of Nepal, in case these provisions are found not to have been implemented,
4. To review or monitor the Government of Nepal, so as to ensure that the Government of Nepal submits the report as a signatory to the international treaties and agreement, as provisioned by those treaties,
5. To monitor, review and evaluate the policies and programs implemented by the State to bring Dalit community into the mainstream of national development such as proportionate representation in all of the state agencies, and to forward a recommendation to the Government of Nepal for an effective implementation of those provisions,
6. To recommend to respective agencies on filing petitions in court according to the law, against any person or organization if it is deemed necessary on subjects of discriminations on caste and untouchability or victim of social malpractices or disallowing or depriving of exercising the right of Dalits.
The National Dalit Commission may delegate, as required, some of its powers to the Chairperson of the Commission, member, or an officer of the Government of Nepal, to be exercised in compliance with the conditions specified.
Other functions, duties and powers of the National Dalit Commission, shall be as specified by Federal law.

257. Offices may be established in province

The National Dalit Commission may establish its offices in provinces as may be necessary.

258. National Inclusion Commission

There shall be a National Inclusion Commission in Nepal consisting of Chairperson and as many as four other members.
The President shall, on the recommendation of Constitutional Council, appoint the Chairperson and members of National Inclusion Commission.
The term of office of Chairperson and members of National Inclusion Commission shall be six years from the date of appointment.
Notwithstanding anything contained in the clause (3), the posts of the Chairperson or member of National Inclusion Commission shall be deemed vacant in the following circumstances:-
1. if he/she submits written resignation to the President,
2. If he/she is past 65 years of age,
3. in the case impeachment proposal filed against him/her is passed as per Article 101,
4. If she/he is removed by the President on the recommendation of Constitutional Council for being unable to discharge the duties of her/his office due to physical or mental illness, or
5. if he/she dies.
The Chairperson and members appointed pursuant to clause (2) shall not be eligible for reappointment.Provided that nothing in this Clause shall be deemed to be a bar to the appointment of a member of the Commission as chairperson thereof, and when a member is so appointed as the Chairperson, her/his term of office shall be computed so as to include her/his tenure as member as well.
Persons who meet following qualification requirement shall be eligible for appointment in the post of Chairperson and member of National Inclusion Commission:-
1. who has significantly contributed, for at least ten years, in the field of social inclusion, and in promoting the rights and interests and development of persons disability, marginalized, minority and backward communities, human rights
2. in case of Chairperson, a person who has attained at least Bachelor’s Degree from recognized university,
3. who has attained the age of forty five years,
4. who has not been a member of any political party immediately before the appointment,
5. who possesses high moral character.
The remuneration and other conditions of service of the Chairperson and members of the National Inclusion Commission shall be as prescribed by law. Conditions and terms of remuneration and other benefits shall not be altered, so long as they hold office, to their disadvantage.Provided that extreme economic breakdown has led to state of emergency, this provision shall not be applicable.
The person, who has served in the capacity of Chairperson or members of the National Inclusion Commission, shall not be eligible for appointment in other government services.Provided that, nothing in this clause shall be deemed to be a bar to the appointment to any position of a political nature, or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to the position which has the responsibility of submitting advice, opinions or recommendations.

259. Functions, duties and powers of National Inclusion Commission

Functions, duties and powers of National Inclusion Commission shall be as follows:-
1. To carry out research and studies for protecting rights and welfare of Khash Arya, backward class, persons with disability, senior citizens, laborers, peasants, marginalized and minority communities, people of Karnali region and economically disadvantaged people,
2. To review the policies of the Government of Nepal for inclusion of the persons as mentioned in section (a) above and their implementation, and to forward necessary recommendation to the government for reform,
3. To conduct study about the rightful representation of the persons as mentioned in section (a) above in the state mechanisms, and to forward a recommendation to the Government of Nepal to review the provision to ensure their representation therein,
4. To study whether protection, empowerment and development of the persons as mentioned in section (a) is satisfactory and to forward a recommendation to the Government of Nepal regarding the policies to be adopted for the future,
5. To recommend the Government of Nepal regarding policies and programs to be implemented for development and prosperity of Karnali and other backward regions,
6. To recommend for timely revision in the laws related to minorities and marginalized communities,
7. To monitor the situation of implementation of rights and interests of minorities and marginalized communities, and to make recommendations for revision based on reports of periodic census and human development indices
The National Inclusion Commission may delegate, as required, some of its powers to the Chairperson of the Commission, member, or an officer of the Government of Nepal, to be exercised in compliance with the conditions specified.
Other functions, duties and powers of the National Inclusion Commission shall be as specified by Federal law.

260. Offices may be established in province

The National Inclusion Commission may establish its offices in provinces as may be necessary.

261. Adibasi Janajati Commission

There shall be a Adibasi Janajati Commission in Nepal consisting of Chairperson and as many as four other members.
The President shall, on the recommendation of Constitutional Council, appoint the Chairperson and members of Adibasi Janajati Commission.
The term of office of Chairperson and members of Adibasi Janajati Commission shall be six years from the date of appointment.
The qualifications, conditions of vacancy, remuneration and conditions of service of the Chairperson and members of Adibasi Janajati Commission and other provisions related to functions, duties and power of such Commission shall be according to the Federal law.

262. Madheshi Commission

There shall be a Madheshi Commission in Nepal consisting of Chairperson and as many as four other members.
The President shall, on the recommendation of Constitutional Council, appoint the Chairperson and members of Madheshi Commission.
The term of office of Chairperson and members of Madheshi Commission shall be six years from the date of appointment.
The qualifications, conditions of vacancy, remuneration and conditions of service of the Chairperson and members of Madheshi Commission and other provisions related to functions, duties and power of such Commission shall be according to the Federal law.

263. Tharu Commission

There shall be a Tharu Commission in Nepal consisting of Chairperson and as many as four other members.
The President shall, on the recommendation of Constitutional Council, appoint the Chairperson and members of Tharu Commission.
The term of office of Chairperson and members of Tharu Commission shall be six years from the date of appointment.
The qualifications, conditions of vacancy, remuneration and conditions of service of the Chairperson and members of Tharu Commission and other provisions related to functions, duties and power of such Commission shall be according to the Federal law.

264. Muslim Commission

There shall be a Muslim Commission in Nepal consisting of Chairperson and as many as four other members.
The President shall, on the recommendation of Constitutional Council, appoint the Chairperson and members of Muslim Commission.
The term of office of Chairperson and members of Muslim Commission shall be six years from the date of appointment.
The qualifications, conditions of vacancy, remuneration and conditions of service of the Chairperson and members of Muslim Commission and other provisions related to functions, duties and power of such Commission shall be according to the Federal law.