Commissions and Oversight

Other Commissions

Additional constitutional commissions and oversight bodies.

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Article 251. Functions, Duties and Powers of National Natural Resources and Fiscal Commission

(1)The functions, duties and powers of the National Natural Resources and Fiscal

Commission shall be as follows:-

(a)To determine detailed basis and modality for the distribution of revenues between the Federal, Provinces and Local Governments out www.lawcommission.gov.np of the Federal Consolidated Fund in accordance with the Constitution and law;
(b)To make a recommendation about equalization grants to be provided to the Province and Local Governments out of the Federal Consolidated Fund;
(c)To conduct study and research work and prepare parameters as to conditional grants to be provided to the Province and Local Governments in accordance with national policies and programs, norms and condition of infrastructures;
(d)To determine detailed basis and modality for the distribution of revenues between the Province and Local Governments out of the Provincial Consolidated Fund;
(e)To recommend measures to meet expenditures of the Federal, Province and Local Governments, and to reform revenue collection;
(f)To analyse macro-economic indicators and recommend ceiling of internal loans that the Federal, Province and Local Governments can borrow;
(g)To review the bases for the distribution between the Federal and Provincial Governments of revenues and recommend for revision;
(h)To set bases for the determination of shares of the Government of Nepal, Provincial Government and Local Level in investments and returns, in the mobilization of natural resources;
(i)To do study and research work on possible disputes that may arise between the Federation and the Provinces, between Provinces, between a Province and a Local Level, and between Local Levels, and make suggestions to act in a coordinated manner for the prevention of such disputes.
(2)The National Natural Resources and Fiscal Commission shall carry out necessary study and research work about environmental impact assessment required in the course of distribution of natural resources, and make recommendations to the

Government of Nepal. www.lawcommission.gov.np

(3)Other functions, duties and powers and rules of procedure of the National

Natural Resources and Fiscal Commission, detailed bases required to be followed in the mobilization of natural resources or distribution of revenues, and other matters including conditions of service of the officials of the Commission shall be as provided for in the federal law. www.lawcommission.gov.np

Article 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 fall vacant in any of the following circumstances: -

(a)In case he or she tenders resignation in writing to the President;
(b)In case he or she attains the age of sixty-five years;
(c)In case a motion of impeachment is adopted against him or her pursuant to Article 101;
(d)In case 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)In case he or she dies.
(5)The Chairperson and members appointed pursuant to 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 in case he or she possesses the following qualifications:- www.lawcommission.gov.np
(a)A woman who has rendered outstanding contribution, for at least ten years, in 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, one who has acquired a Bachelor's degree from a recognized university;
(c)One who has attained the age of forty-five years;
(d)One who is not a member of any political party at the time of appointment, and
(e)One who bears 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.

Article 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 or not laws concerning the rights and interests of the women and obligations under the international treaties to which Nepal www.lawcommission.gov.np 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 relating to 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)In case 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.

Article 254. Powers to Establish Offices in Provinces

The National Women Rights Commission may, as required, establish its offices in Provinces.

Article 255. National Dalit Commission

(1)There shall be a National Dalit Commission of Nepal, consisting of a Chairperson and four other members. www.lawcommission.gov.np
(2)The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members of the National Dalit Commission.
(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 fall vacant in any of the following circumstances: -

(a)In case he or she tenders resignation in writing to the President;
(b)In case he or she attains the age of sixty-five years;
(c)In case a motion of impeachment is adopted against him or her pursuant to Article 101;
(d)In case 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)In case he or she dies.
(5)The Chairperson and members appointed pursuant to clause (2) shall not be eligible for reappointment.

(6)A person shall be eligible to be appointed as the Chairperson or a member of the National Dalit Commission in case he or she possesses the following qualifications:
(a)One who has 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, one who has acquired at least a bachelor's degree from a recognized university;
(c)One who has attained the age of forty-five years; www.lawcommission.gov.np
(d)One who is not a member of any political party at the time of appointment; and
(e)One who bears 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.

Article 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 research 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 www.lawcommission.gov.np 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)In case it is necessary to file a case against any person or institution on matters of being a victim 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 case 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.

Article 257. Powers to Establish Offices in Provinces

The National Dalit Commission may, as required, establish its offices in Provinces.

Article 258. National Inclusion Commission

(1)There shall be a National Inclusion Commission of Nepal, consisting of a Chairperson and four other members in the maximum.
(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. www.lawcommission.gov.np

(4)Notwithstanding anything contained in clause (3), the office of the

Chairperson or member of the National Inclusion Commission shall fall vacant in any of the following circumstances: -

(a)In case he or she tenders resignation in writing to the President;
(b)In case he or she attains the age of sixty-five years;
(c)In case a motion of impeachment is adopted against him or her pursuant to Article 101;
(d)In case 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)In case he or she dies.
(5)The Chairperson and members appointed pursuant to clause (2) shall not be eligible for reappointment.

(6)A person shall be eligible to be appointed as the Chairperson or a member of the National Inclusion Commission in case he or she possesses the following qualifications:-
(a)One who has 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, one who has acquired a bachelor's degree from a recognized university;
(c)One who has attained the age of forty-five years;
(d)One who is not a member of any political party at the time of appointment; and
(e)One who bears high moral character. www.lawcommission.gov.np
(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.

Article 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 Khas Arya, 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 referred to in sub-clause (a) and make suggestions to the Government for reforms;
(c)To study as to whether or not there has been appropriate representation of the community, class and region referred to 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;