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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 |
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