nayan135/constitution · Datasets at Hugging Face

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(c) 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,
(d) if he or she dies.
164
(6) A person sha ll be eligible to be appointed as the Ch airperson or a
member of the National Human Rights Commission if he or she possesses the
following qualification:
(a) in the case of the Chairperson, being a retired Chief Justice or
retired Judge of the Supreme Cour t and having rendered
outstanding contribution to the protection and promotion of
human rights or being a renowned person having been active for
at least twenty years in and rendered outstanding contribution to
the protection and promotion of human rights or to various fields
of national life,
(b) in the case of a Member, being a person being involved in the
field of the protection and promotion of human rights or rights
and interests of the child or being a renowned person having been
active for at least t wenty years in and rendered outstanding
contribution to various fields of national life,
(c) holding a bachelor's degree from a recognized university,
(d) having attained the age of forty five years,
(e) not being a member of any political party at the time of
appointment,
(f) being of high moral character.
(7) The remuneration and other conditions of service of the
Chairperson and members of the National Human Rights Commission shall be
as provided for in the Federal law. The remuneration and conditions of service
of the Chairperson and m embers of the National Human Rights Commission
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.
165
(8) A person once appointed as the Chairperson or a m ember of the
National Human Rights Commission shall not be eligible for appointment in
other government service.
Provided th at 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 responsibili ty of submitting advice, opinion or
recommendation after carrying out a study or research on any subject.
249. Functions, duties and powers of National Human Rights Commission : (1) It
shall be the duty of the National Hum an Rights Commission to respect, pr otect
and promote human rights and ensure effective enforcement thereof.
(2) For the accomplishment of the duty mentioned in clause (1), the
National Human Rights Commission shall perform the following functions:
(a) to inquire, on its own initiative or on petition or complaint
presented in or sent to the Commission by a victim or any person
on his or her behalf or on information received by the
Commission from any source, into and investigate complaints of
violations of human rights of an individual or gro up or abetment
thereof, and make recommendation for action against the
perpetrators ,
(b) if any official who has the responsibility or duty to prevent
violations of human rights fails to fulfill or perform his or her
responsibility or duty or shows reluctance in the fulfillment or
performance of his or her responsibility or duty, to make
recommendation to the concerned authority to take department al
action against such official,
166
(c) if it is required to institute a case against any person or
organiza tion who has violated human rights, to make
recommendation to file a case in the court in accordance with
law;
(d) to coordinate and collaborate with the civil society in order to
enhance awareness on human rights,
(e) to make recommendation, accompanied by the reasons and
grounds, to the concerned body for taking departmental action
against and imposing punishment on those who ha ve violated
human rights,
(f) to carry out periodic reviews of the relevant laws relating to
human rights and make recommendatio n to the Government of
Nepal for necessary improvements in and amendments to such
laws,
(g) if Nepal has to become a party to any international treaty or
agreement on human rights, to make recommendation,
accompanied by the reasons therefor, to the Govern ment of
Nepal; and monitor whether any such treaty or agreement to
which Nepal is already a party has been implemented, and if it is
found not to have been implemented, to make recommendation
to the Government of Nepal for its implementation,
(h) to publis h, in accordance with law, the names of the officials,
persons or bodies who have failed to observe or implement any
recommendations or directives made or given by the National
Human Rights Commission in relation to the violations of human
rights, and reco rd them as violators of human rights.
167
(3) In discharging its functions or performing its duties, the National
Human Rights Commission may exercise the following powers:
(a) to exercise all such powers as of a court in respect of the
summoning and enforcin g the attendance of any person before
the Commission and seeking and recording his or her information
or statements or depositions, examining evidence an d producing
exhibits and proofs,
(b) on receipt of information by the Commission in any manner that
a serious violation of human rights has already been committed
or is going to be committed, to search any person or his or her
residence or office, enter such residence or office without notice,
and, in the course of making such search, take possession of any

(c) 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,

(d) if he or she dies.

164

(6) A person sha ll be eligible to be appointed as the Ch airperson or a

member of the National Human Rights Commission if he or she possesses the

following qualification:

(a) in the case of the Chairperson, being a retired Chief Justice or

retired Judge of the Supreme Cour t and having rendered

outstanding contribution to the protection and promotion of

human rights or being a renowned person having been active for

at least twenty years in and rendered outstanding contribution to

the protection and promotion of human rights or to various fields

of national life,

(b) in the case of a Member, being a person being involved in the

field of the protection and promotion of human rights or rights

and interests of the child or being a renowned person having been

active for at least t wenty years in and rendered outstanding

contribution to various fields of national life,

(c) holding a bachelor's degree from a recognized university,

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

(e) not being a member of any political party at the time of

appointment,

(f) being of high moral character.

(7) The remuneration and other conditions of service of the

Chairperson and members of the National Human Rights Commission shall be

as provided for in the Federal law. The remuneration and conditions of service

of the Chairperson and m embers of the National Human Rights Commission

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.

165

(8) A person once appointed as the Chairperson or a m ember of the

National Human Rights Commission shall not be eligible for appointment in

other government service.

Provided th at 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 responsibili ty of submitting advice, opinion or

recommendation after carrying out a study or research on any subject.

249. Functions, duties and powers of National Human Rights Commission : (1) It

shall be the duty of the National Hum an Rights Commission to respect, pr otect

and promote human rights and ensure effective enforcement thereof.

(2) For the accomplishment of the duty mentioned in clause (1), the

National Human Rights Commission shall perform the following functions:

(a) to inquire, on its own initiative or on petition or complaint

presented in or sent to the Commission by a victim or any person

on his or her behalf or on information received by the

Commission from any source, into and investigate complaints of

violations of human rights of an individual or gro up or abetment

thereof, and make recommendation for action against the

perpetrators ,

(b) if any official who has the responsibility or duty to prevent

violations of human rights fails to fulfill or perform his or her

responsibility or duty or shows reluctance in the fulfillment or

performance of his or her responsibility or duty, to make

recommendation to the concerned authority to take department al

action against such official,

166

(c) if it is required to institute a case against any person or

organiza tion who has violated human rights, to make

recommendation to file a case in the court in accordance with

law;

(d) to coordinate and collaborate with the civil society in order to

enhance awareness on human rights,

(e) to make recommendation, accompanied by the reasons and

grounds, to the concerned body for taking departmental action

against and imposing punishment on those who ha ve violated

human rights,

(f) to carry out periodic reviews of the relevant laws relating to

human rights and make recommendatio n to the Government of

Nepal for necessary improvements in and amendments to such

laws,

(g) if Nepal has to become a party to any international treaty or

agreement on human rights, to make recommendation,

accompanied by the reasons therefor, to the Govern ment of

Nepal; and monitor whether any such treaty or agreement to

which Nepal is already a party has been implemented, and if it is

found not to have been implemented, to make recommendation

to the Government of Nepal for its implementation,

(h) to publis h, in accordance with law, the names of the officials,

persons or bodies who have failed to observe or implement any

recommendations or directives made or given by the National

Human Rights Commission in relation to the violations of human

rights, and reco rd them as violators of human rights.

167

(3) In discharging its functions or performing its duties, the National

Human Rights Commission may exercise the following powers:

(a) to exercise all such powers as of a court in respect of the

summoning and enforcin g the attendance of any person before

the Commission and seeking and recording his or her information

or statements or depositions, examining evidence an d producing

exhibits and proofs,

(b) on receipt of information by the Commission in any manner that

a serious violation of human rights has already been committed

or is going to be committed, to search any person or his or her

residence or office, enter such residence or office without notice,

and, in the course of making such search, take possession of any