nayan135/constitution · Datasets at Hugging Face

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document, evidence or proof related wit h the violation of human
rights,
(c) in the event of necessity to take action immediately on receipt of
information that the human rights of any person are being
violated, to enter any government office or any other place
withou t notice and rescue such person,
(d) to order for the provision of compensation in accordance with
law to any person who is a victim of the violations of human
rights;
(4) The National Human Rights Commission may so delegate any of
its function s, duties and powers to the Chairperson of the Commission, any of
its Members or a government employee as to be exercised and complied with
subject to the specified conditions.
168
(5) Other functions, duties and powers and rules of procedure of the
National H uman Rights Commission shall be as provided for in the F ederal
law.
Part-26
National Natural Resources and Fi scal Commission
250. National Natural Resources and Fiscal Commission : (1) There shall be a
National Natural Resources and Fiscal Commission of Nepal, consisting of a
maximum of five members including a Chairperson.
(2) The President shall, on the recommendation of the Constitutional
Council, appoint the Chairperson and members of the National Natural
Resources and Fiscal Commission.
(3) The term of office of the Chairperson and members of the
National Natural Resources and Fiscal Commission shall be six years from the
date of appointment.
(4) Notwithstanding anything contained in cla use (3), the office of
the Chairperson or m ember of the National Natural Resources and Fiscal
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.
169
(5) The Chairperson and m embers appointed under clause (2) shall
not be eligible for reappointment.
Provided that a m ember may be appointed to the off ice of Chairperson,
and when a m ember 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 m ember.
(6) A person shall be eligible to be appointed as the Chairperson or a
member of th e National Natural Resources and Fiscal Commission if he or she
possesses the following qualification:
(a) having gained expertise upon being active for at least twenty
years in the field of natural resources or fiscal management,
economic s, law, management, after holding a bachelor's degree in
the relevant subject from a recognized university,
(b) not being a member of any political party at the time of
appointment,
(c) having attained the age of forty five years,
(d) being of high moral ch aracter.
(7) The remuneration and other conditions of service of the
Chairperson and m embers of the National Natural Resources and Fiscal
Commission s hall be as provided for in the Federal l aw, 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 m ember of t he
National Natural Resources and Fiscal Commission shall not be eligible for
appointment in other government service.
170
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 ha s 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.
251. Functions, duti es 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 distributi on of
revenu es between the Federal , State and Loc al Governments out
of the Federal Consolidated Fund in accordance with the
Constitution and law,
(b) to make recommendation about equalization grants to be
provided to the State and Lo cal 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 State and Local
Governments in accordance with national policies and programs,
norms/standards and situation of infrastructures ,
(d) to determine detai led basi s and modality for the distribution of
revenues between the State and Local Governments out of the
State Consolidated Fund,
(e) to recommend measures t o meet expenditures of the Federal ,
State and Local Governments, and to reform revenue collection,
(f) to analyze macro -economic indicators and recommend ceiling of
internal loans that the Federal , State and Local Governments can
borrow,
171
(g) to review the bases for th e distribution between the Federal and
State Governments of revenues and recommend for revision,
(h) to set bases for the determination of shares of the Government of
Nepal, State Government and Local l evel in investments and

document, evidence or proof related wit h the violation of human

rights,

(c) in the event of necessity to take action immediately on receipt of

information that the human rights of any person are being

violated, to enter any government office or any other place

withou t notice and rescue such person,

(d) to order for the provision of compensation in accordance with

law to any person who is a victim of the violations of human

rights;

(4) The National Human Rights Commission may so delegate any of

its function s, duties and powers to the Chairperson of the Commission, any of

its Members or a government employee as to be exercised and complied with

subject to the specified conditions.

168

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

National H uman Rights Commission shall be as provided for in the F ederal

law.

Part-26

National Natural Resources and Fi scal Commission

250. National Natural Resources and Fiscal Commission : (1) There shall be a

National Natural Resources and Fiscal Commission of Nepal, consisting of a

maximum of five members including a Chairperson.

(2) The President shall, on the recommendation of the Constitutional

Council, appoint the Chairperson and members of the National Natural

Resources and Fiscal Commission.

(3) The term of office of the Chairperson and members of the

National Natural Resources and Fiscal Commission shall be six years from the

date of appointment.

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

the Chairperson or m ember of the National Natural Resources and Fiscal

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.

169

(5) The Chairperson and m embers appointed under clause (2) shall

not be eligible for reappointment.

Provided that a m ember may be appointed to the off ice of Chairperson,

and when a m ember 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 m ember.

(6) A person shall be eligible to be appointed as the Chairperson or a

member of th e National Natural Resources and Fiscal Commission if he or she

possesses the following qualification:

(a) having gained expertise upon being active for at least twenty

years in the field of natural resources or fiscal management,

economic s, law, management, after holding a bachelor's degree in

the relevant subject from a recognized university,

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

appointment,

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

(d) being of high moral ch aracter.

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

Chairperson and m embers of the National Natural Resources and Fiscal

Commission s hall be as provided for in the Federal l aw, 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 m ember of t he

National Natural Resources and Fiscal Commission shall not be eligible for

appointment in other government service.

170

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 ha s 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.

251. Functions, duti es 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 distributi on of

revenu es between the Federal , State and Loc al Governments out

of the Federal Consolidated Fund in accordance with the

Constitution and law,

(b) to make recommendation about equalization grants to be

provided to the State and Lo cal 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 State and Local

Governments in accordance with national policies and programs,

norms/standards and situation of infrastructures ,

(d) to determine detai led basi s and modality for the distribution of

revenues between the State and Local Governments out of the

State Consolidated Fund,

(e) to recommend measures t o meet expenditures of the Federal ,

State and Local Governments, and to reform revenue collection,

(f) to analyze macro -economic indicators and recommend ceiling of

internal loans that the Federal , State and Local Governments can

borrow,

171

(g) to review the bases for th e distribution between the Federal and

State Governments of revenues and recommend for revision,

(h) to set bases for the determination of shares of the Government of

Nepal, State Government and Local l evel in investments and