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(3) A person shall be qualified to be appointed as the C hairperson or
a member of the Election Constitue ncy Delimitation Commission if he or she
possesses the following qualification:
(a) holding at least bachelor’s degree in related subject from a
recognized university ,
(b) having attained the a ge of forty -five years, and
(c) having high moral character.
(4) The office of the C hairperson or a member of the Election
Constituency Delimitation Commission shall be vacant in any of the following
circumstances:
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(a) if he or she tenders resignation in writing ,
(b) if he or she is removed by the Government of Nepa l, Council of
Ministers ,
(c) if he or she dies.
(5) While determining election constituencies pursuant to this
Article, the Election Constituency Delimitation Commission shall so determine
the constituencies, having regard to population and geography as the basis of
representation, and as to ensure that the ratio between the geography,
population and number of members of such election constituencies is equal, so
far as practicable .
(6) While delimitating election cons tituencies pursuant to clause (5 ),
regard must be had to, inter alia , the density of population, geographical
specificity, administrative and transportation convenience, community and
cultural aspects of the constituencies.
(7) No question may be raised in any c ourt on any matter of the
determination , or review, of election constituencies made by the Election
Constituency Delimitation Commission .
(8) The Election Constituency Delimitation Commission shall
submit a report on the works it has performed to the Government of Nepal .
(9) The Gover nment of Nepal, Council of Ministers, shall lay the
report received pursuant to clause (8 ) before the Federal Parliament and send it
to the Election Commission for implementation.
(10) The Election Constituency Delimitation Commission shall
determine its r ules of procedures itself.
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(11) The remuneration and facilities of the C hairperson and the
members of the Election Constituency Delimitation Commission shall be
similar to those of the Chief Election Commissioner and the Election
Commissioners of the Elec tion Commission , respectively.
(12) The election constituencies delimited in accordance with clause
(5) must be reviewed in every twenty years.
(13) The Government of Nepal shall provide such employees as may
be required for the Election Constituency Delimitation Commission.
287. Language Commission : (1) The Government of Nepal shall, no later than one
year of the commencement of this Constitution, constitute a Language
Commission comprising representation of States.
(2) The Language Commission shall consist of one Chairperson and
a required number of members.
(3) The term of office of the Chairperson and members of the
Language Commission shall be six years from the date of their appointment .
They may not be reappointed.
(4) A person shall be quali fied to be appointed as the Chairperson or
a member of the Language Commission if he or she possesses the following
qualification:
(a) holding master’s degree in related subjec t from a recognized
university,
(b) having gained at least twenty years of exper ience in the fields of
study, teaching and research on various languages of Nepal,
(c) having completed the age of forty -five years, and
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(d) having high moral character.
(5) The office of the Chairperson or a member of the Language
Commission shall be vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing,
(b) if he or she is removed by the Government of Nepal , Council of
Ministers ,
(c) if he completes the age of sixty five years,
(d) if he o r she dies.
(6) The functions, duties and powers of the Language Commission
shall be as follows:
(a) to determine the criteria to be fulfilled for the recognition of the
official language and make recommendations on languages to the
Government of Nepal,
(b) to make recommendations to the Government of Nepal, on the
measures to be adopted for the protection, promotion and
development of languages,
(c) to measure the levels of development of mother tongues and
make suggestions to the Government of Nepal, o n the
potentiality of their use in education,
(d) to study, research and monitor languages.
(7) The Language Commission shall complete its task under sub -
clause (a) of clause (6) no later than five years after the date of its constitution.
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(8) The Governme nt of Nepal may, in coordination with a State
Government, establ ish a branch of the Language C ommission in that State.
(9) The other functions, duties, powers and rules of procedures of the
Language Commission shall be as provided for in the Federal l aw.
288. Capital : (1) The capital of Nepal shall be situated in Kathmandu.
(2) The capital of a State under this Constitution shall be as decided
by a two -thirds majority of the number of the then members of the concerned
State Assembly.
(3) The business of a S tate shall be conducted through the place as
specified by the Government of Nepal until decision is made in accordance
with clause (2).
289. Special provision relating to citizenship of officials : (1) In order for a person to
be elected , nominated or appointed to the office of President , Vice -President ,
Prime Minister, Chief Justice, Speaker of the House of Representatives, Chief
of State, Chief Minister, Speaker of a State Assembly and chief of a security
body, the person must have obtained the citiz enship of Nepal by descent .