nayan135/constitution · Datasets at Hugging Face

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such cases in courts in a ccordance 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 subje ct to the specified conditions.
(3) Other functions, duties and powers and other relevant matters of
the National Women Commi ssion shall be as provided for in the Federal l aw.
254. Powers to establish offices in States : The National Women Rights Commission
may, as required, establish its offices in States.
255. National Dalit Commission : (1) There shall be a National Dalit Commission of
Nepal, consisting of a Chairperson and four other members.
(2) The President shall, on the recommendation of the Constitu tional
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 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
176
of his or her inabi lity to hold office and discharge the
functions due to physical or mental illness,
(e) if he or she dies.
(5) The Chairperson and members appointed under clause (2) shall
not be eligible for reappointment.
Provided that a member may be appointed to the off ice 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 Natio nal Dalit Commission if he or she possesses the following
qualification:
(a) 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 ,
(b) in the case of the Chairperson, holding a t least a bachelor's
degree from a recognized university,
(c) having attained the age of forty five years,
(d) not being a member of any political party at the time of
appointment, and
(e) being of high moral characte r.
(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 alter ed to their disadvantage.
Provided that this provision shall not apply in cases where a state of
emergency is declared because of extreme economic disarrays.
177
(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 o r 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 : (1) The functions,
duties and powers of the National Dalit Commission shall be as follows:
(a) 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,
(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 discrim ination,
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 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
178
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) 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.
(2) The National Dalit Commission may so delegate any of its
functions, duties and powers to the Chairperson of the Commission, any of it s
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

such cases in courts in a ccordance 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 subje ct to the specified conditions.

(3) Other functions, duties and powers and other relevant matters of

the National Women Commi ssion shall be as provided for in the Federal l aw.

254. Powers to establish offices in States : The National Women Rights Commission

may, as required, establish its offices in States.

255. National Dalit Commission : (1) There shall be a National Dalit Commission of

Nepal, consisting of a Chairperson and four other members.

(2) The President shall, on the recommendation of the Constitu tional

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 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

176

of his or her inabi lity to hold office and discharge the

functions due to physical or mental illness,

(e) if he or she dies.

(5) The Chairperson and members appointed under clause (2) shall

not be eligible for reappointment.

Provided that a member may be appointed to the off ice 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 Natio nal Dalit Commission if he or she possesses the following

qualification:

(a) 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 ,

(b) in the case of the Chairperson, holding a t least a bachelor's

degree from a recognized university,

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

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

appointment, and

(e) being of high moral characte r.

(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 alter ed to their disadvantage.

Provided that this provision shall not apply in cases where a state of

emergency is declared because of extreme economic disarrays.

177

(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 o r 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 : (1) The functions,

duties and powers of the National Dalit Commission shall be as follows:

(a) 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,

(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 discrim ination,

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 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

178

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) 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.

(2) The National Dalit Commission may so delegate any of its

functions, duties and powers to the Chairperson of the Commission, any of it s

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