chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Vehicle and Transport Management Act, 1993

It shall be the duty of the transport entrepreneur to comply with the directions so given. 170. Delegation of authority: The Department or the authorized officer may, as required, delegate any or all of the powers vested in them under this Act to any committee, officer, Transport Inspector or police. 171. Appeal: (1) An appeal against a decision or order of punishment made by an authorized officer, police or Transport Inspector under this Act shall lie to the Department.

(2) An appeal against a decision or order of the Department under this Act shall lie to the High Court. 172. Limitation for filing complaints and period for filing appeals: Amended by the Act to Amend, Consolidate, Harmonize and Repeal Some Nepal Laws, 2074.
(1) For an offense under Section 161, a complaint must be filed within the period mentioned in Chapter-12 of Part-2 of the National Criminal Code, Amended by the Act to Amend Some Nepal Acts Relating to the Civil Code, 2075. for an offense under Section 162, within the period mentioned in Chapter-14 of Part-2 of the National Criminal Code, and for other offenses under this Act, within thirty days from the date of the offense.

(2) Except for offenses under Sections 161 and 162, for other offenses under this Act, an appeal must be filed within thirty-five days from the date of receipt of notice of the decision or order. 173. To provide assistance: In the course of implementing this Act or any rule made or order issued under this Act, if the authorized officer or Transport Inspector requests any kind of assistance, it shall be the duty of the police and all concerned to provide such assistance. 174. Drivers of other vehicles to comply with this Act: If a vehicle not required to be registered under this Act, or a person not required to obtain a driving license under this Act to drive any vehicle, while driving such vehicle, the driver must comply with the traffic signals determined by this Act or the rules made or orders issued under this Act. 175. Protection for work done in good faith: An authorized officer, or any committee, officer, Transport Inspector, police personnel or any concerned employee to whom authority has been delegated, shall not be personally liable for any act done in good faith in the course of performing their duties under this Act. 176. Special right: Notwithstanding anything contained elsewhere in this Act, the Government of Nepal may grant exemption from the application of any provision of this Act to any vehicle for a specified period. Added by the First Amendment. 176a.
Vehicle and Transport Management Act, 1993

176. Special right: Notwithstanding anything contained elsewhere in this Act, the Government of Nepal may grant exemption from the application of any provision of this Act to any vehicle for a specified period. Added by the First Amendment. 176a. Government of Nepal to be the plaintiff: The case under Section 161 and 162 shall be with the Government of Nepal as the plaintiff, and such case shall be deemed to fall under Schedule-1 of the National Criminal Procedure (Code) Act, 2074. 177. Power to remove difficulties: If any difficulty arises in the implementation of this Act, the Government of Nepal may, by an order published in the Nepal Gazette, remove such difficulty. 178. Power to amend Schedules: The Government of Nepal may, by a notice published in the Nepal Gazette, make necessary amendments to the Schedules. 179. Power to make rules: The Government of Nepal may make necessary rules for the purpose of this Act. 180. Repeal and saving: (1) The following Acts are hereby repealed:-

(a) Motor Vehicles Act, 2020.
(b) National Transport Management Act, 2026.

(2) All acts and proceedings done under the Acts mentioned in sub-section (1) shall be deemed to have been done under this Act. Schedule-1

(Relating to Sections 3, 4 and 5)

Classification of Vehicles

Category (a)

Large Vehicle (Relating to Section 3):-

Bus, Truck, Tractor, Fire engine, Dozer, Loader, Dump truck, Crane, Roller, etc. Category (b)

Medium Vehicle (Relating to Section 4):-

Minibus, Minitruck, Jeep, Pickup, Van, Crane, Tractor, Roller, etc. Category (c)

Small Vehicle (Relating to Section 5):-

Car, Jeep, Van, Pickup, Motorcycle, Scooter, Tempo, Power tiller, etc. Schedule-2

(Relating to Sections 6, 7, 8, 9, 10 and 11)

Vehicle Number Plate

Part-1 Ordinary Vehicle Number Plate

Category (a)

Public Vehicle (Relating to sub-section (5) of Section 6):-

Shall be in white letters and numerals on a black plate. Provided that from now on, for Tempos and Microbuses registered within Bagmati Zone and operated for hire inside the Ring Road and outside the Ring Road of Kathmandu Valley, the number plate shall be in black letters and numerals on a white plate. Category (b)

Tourist Vehicle (Relating to sub-section (2) of Section 7):-

Shall be in white letters and numerals on a green plate. Category (c)

Private Vehicle (Relating to sub-section (3) of Section 8):-

Shall be in white letters and numerals on a red plate. Category (d)

Government Vehicle (Relating to sub-section (2) of Section 9):-

Shall be in red letters and numerals on a white plate. Category (e)

Vehicle of Organized Institution or Corporation (Relating to sub-section (2) of Section 10):-

Shall be in blue letters and numerals on a yellow plate.
Vehicle and Transport Management Act, 1993

Category (d)

Government Vehicle (Relating to sub-section (2) of Section 9):-

Shall be in red letters and numerals on a white plate. Category (e)

Vehicle of Organized Institution or Corporation (Relating to sub-section (2) of Section 10):-

Shall be in blue letters and numerals on a yellow plate. Category (f)

Diplomatic Vehicle (Relating to sub-section (2) of Section 11):-

Shall be in white letters and numerals on a blue plate. Note:

1. The number plate of the vehicle used by the President shall be as prescribed by the Government of Nepal. 2. For government vehicles used by the Vice-President, Prime Minister, Chief Justice, The Federal Parliament is currently established. Speaker and Deputy Speaker of the Legislature-Parliament, and members of the Council of Ministers, the upper half of the number plate shall be on a red background and the lower half on a blue background, with letters and numerals in white color. Added by a notice published in the Nepal Gazette dated 2076.4.20. 2ka. For government vehicles used by the Provincial Head, Chief Minister, Speaker, Deputy Speaker of the Provincial Assembly, and members of the Provincial Council of Ministers, the upper half of the number plate shall be on a red background and the lower half on a white background, with letters and numerals in white and red colors respectively. 3. The size of the number plate for all types of large and medium vehicles shall be 14" x 8"; for small four-wheeler vehicles, the size shall be 12" x 7"; for three-wheeler Tempos, etc., the size shall be 10" x 7"; and for two-wheeler motorcycles, scooters, etc., the size shall be 8" x 5". 4. The letters and numerals on the number plate shall be at least 3 inches high and 1/2 inch thick for large and medium vehicles; 2 inches high and 1/2 inch thick for small four-wheeler and three-wheeler Tempos, etc.; and 2 inches high and 3/8 inch thick for motorcycles, scooters, etc. 5. Letters and numerals shall be written leaving a margin of 1/2 inch on all sides of the number plate (1/4 inch for motorcycle, scooter, etc. plates). The distance between numerals and letters shall be at least 1/4 inch, and the distance between the lower and upper lines shall be at least 1/2 inch. Part-2 Embossed Vehicle Number Plate

Category (a)

Public Vehicle (Relating to sub-section (5) of Section 6)

Shall be in black letters and numerals on a yellow plate. Category (b)

Tourist Vehicle (Relating to sub-section (2) of Section 7)

Shall be in black letters and numerals on a yellow plate. Category (c)

Private Vehicle (Relating to sub-section (3) of Section 8)

Shall be in black letters and numerals on a white plate.
Vehicle and Transport Management Act, 1993

Category (b)

Tourist Vehicle (Relating to sub-section (2) of Section 7)

Shall be in black letters and numerals on a yellow plate. Category (c)

Private Vehicle (Relating to sub-section (3) of Section 8)

Shall be in black letters and numerals on a white plate. Category (d)

Government Vehicle (Relating to sub-section (2) of Section 9)

Shall be in red letters and numerals on a white plate. Category (e)

Vehicle of Organized Institution or Corporation (Relating to sub-section (2) of Section 10)

Shall be in red letters and numerals on a white plate. Category (f)

Diplomatic Vehicle (Relating to sub-section (2) of Section 11)

Shall be in blue letters and numerals on a white plate. Note:

1. On the vehicle used by the President, the plate shall have, on the left side, a glorious Nepali flag as per design and drawing, below the flag a gradient inscription from light blue at the top to dark blue at the bottom, NP in English capital letters in Arial Bold font, below the letters NP a chromium-based square hologram featuring a rhododendron shape and a seven-digit serial number, a colorful national emblem of Nepal, on the bottom right of the plate a laser-engraved seven-digit serial number, on the right side a Nepali flag, security features (NPL in black and white English capital letters, a small black and white national emblem), on the back of the plate a printed barcode including data input such as manufacturer's name, date of manufacture, time, quality assurance number, etc., and design and drawing as attached. 2. For government vehicles used by the Vice-President, Prime Minister, Chief Justice, The Federal Parliament is currently established. Speaker and Deputy Speaker of the Legislature-Parliament, and members of the Council of Ministers, the embossed number plate shall be in red letters and numerals on a white plate. 3. For vehicles falling under Categories (a) to (e), the embossed number plate shall have, on the left side, a glorious Nepali flag as per design and drawing, below the flag a gradient inscription from light blue at the top to dark blue at the bottom, NP in English capital letters in Arial Bold font, below the letters NP a chromium-based square hologram featuring a rhododendron shape and a seven-digit serial number in the middle of the hologram, on the bottom right of the plate a laser-engraved seven-digit serial number, security features (NPL in black and white English capital letters, a small black and white national emblem), on the back of the plate a printed barcode including data input such as manufacturer's name, date of manufacture, time, quality assurance number, etc., and design and drawing as attached.
Vehicle and Transport Management Act, 1993

Provided that for the front number plate used on small (two-wheeler) vehicles, a laser-engraved seven-digit serial number shall be mentioned in the upper right corner. 4. The letters, numerals, security features and other details to be on the embossed number plate used for diplomatic vehicles mentioned in Category (f) shall be as prescribed by the Department. 5. The size of the number plate used on the front and rear of large vehicles, medium and small (four-wheeler) vehicles, small (three-wheeler) vehicles, and small (two-wheeler) vehicles shall be as follows:

 S.No. Classification of Vehicle Size of Number Plate (Front) Size of Number Plate (Rear)

 1. Large Vehicle 520×110 millimeters 340×200 millimeters
 2. Medium and Small (Four-wheeler) Vehicle 430×110 millimeters 280×180 millimeters
 3. Small (Three-wheeler) Vehicle 240×130 millimeters 240×130 millimeters
 4. Small (Two-wheeler) Vehicle 300×80 millimeters 240×130 millimeters

6. The height, width and spacing of letters and numerals on the front and rear number plate of large vehicles, medium and small (four-wheeler) vehicles, small (three-wheeler) vehicles, and small (two-wheeler) vehicles shall be as follows in millimeters (mm):

 S.No. Classification of Vehicle Height and Width of Letters (Front) Height and Width of Numerals (Front) Height and Width of Letters (Rear) Height and Width of Numerals (Rear) Spacing between Letters (Front) Spacing between Numerals (Rear)

 1. Large Vehicle Ht 55, Wd 35 Ht 55, Wd 32 Ht 65, Wd 41.5 Ht 65, Wd 39 Front 8, Rear 8.5 Front 8, Rear 8
 2. Medium and Small (Four-wheeler) Ht 55, Wd 35 Ht 55, Wd 32 Ht 55, Wd 35 Ht 55, Wd 32 Front 8, Rear 8 Front 8, Rear 8
 3. Small (Three-wheeler) Vehicle Ht 34, Wd 22 Ht 34, Wd 20 Ht 34, Wd 22 Ht 34, Wd 22 Front 8, Rear 8 Front 8, Rear 8
 4. Small (Two-wheeler) Vehicle Ht 34, Wd 22 Ht 34, Wd 20 Ht 34, Wd 22 Ht 34, Wd 20 Front 8, Rear 8 Front 8, Rear 8

7. On the front and rear number plate of large vehicles, medium and small (four-wheeler) vehicles, and small (three-wheeler) vehicles, letters and numerals shall be written leaving a margin of 15 millimeters on all sides. Provided that for small (two-wheeler) vehicles, letters and numerals shall be written leaving a margin of 12 millimeters on the plate. 8. The metal of the embossed vehicle number plate shall be at least 99% aluminum substrate, plate hardness H41 or H42, plate thickness 0.98 ± 0.03 millimeters, retroreflective sheet laminate on the plate as per EN 485 and EN 573-3 and international standard ISO 7591:1982. 9.
Vehicle and Transport Management Act, 1993

8. The metal of the embossed vehicle number plate shall be at least 99% aluminum substrate, plate hardness H41 or H42, plate thickness 0.98 ± 0.03 millimeters, retroreflective sheet laminate on the plate as per EN 485 and EN 573-3 and international standard ISO 7591:1982. 9. A Radio Frequency Identification Device (RFID) antenna, featuring an image of Mount Everest with the reddish glow of the morning sun, readable by an RFID reader from a distance of 8 to 10 meters, with a length of 105 millimeters, width of 70 millimeters and polyester film of at least 50 microns, shall be installed on the front windshield of large vehicles, medium and small (four-wheeler) vehicles, and small (three-wheeler) vehicles. Provided that for small (two-wheeler) vehicles, the RFID seat tag shall be installed on the rear number plate. 10. In the embossed letters and numerals, when hot stamping foil is applied, the words "NEPAL DOTM" shall be mentioned in Arial Bold font, sloping at a 45-degree angle. Amended by a notice published in the Nepal Gazette dated 2080/01/14. 11. Un-hardened, machine one-way screws with round heads of steel (Class 4.8) shall be up to eight pieces per vehicle. Amended by a notice published in the Nepal Gazette dated 2080/01/14. 12. The letters and numerals on the embossed vehicle number plate shall be in Devanagari script or English script or a combination of both scripts as decided by the Government of Nepal. Amended by a notice published in the Nepal Gazette dated 2074/7/13. 13. In the embossed vehicle number plate used on vehicles, until the naming of the province, the province number shall be mentioned; after the naming of the province, the name of the province shall be mentioned instead of the province number as prescribed by the Department. 14. The Ministry of Physical Infrastructure and Transport shall, on the recommendation of the Department, implement the provisions relating to embossed vehicle number plates from the date and place specified by a notice published in the Nepal Gazette. Schedule-3

(Relating to Section 16)

Format of Vehicle Registration Certificate

Government of Nepal

Amended by the Act to Amend Some Nepal Acts to Make Conformable with the Constitution of Nepal, 2075. Ministry of Physical Infrastructure and Transport

Department of Transport Management

 Transport Management Office

Vehicle Registration No.:-

Type of Vehicle:-

Date of Registration:-

Name, Surname of Vehicle Owner:-

Residence:-

Signature of Vehicle Owner:-

Signature of Authorized Officer:-

Photo of Vehicle Owner

Signature of Registering Officer:-

Date:-

Date of Transfer

Photo of Vehicle Owner

Name, Surname, Residence of Vehicle Owner:-

Signature of Transferring Officer:-

Renewal of Certificate

 Date of Renewal Date of Expiry of Renewal Signature of Renewing Officer



Detailed Description of Vehicle:-

1. Name of Company:-

2.
Vehicle and Transport Management Act, 1993

Name of Company:-

2. Model (Year) of Vehicle:-

3. Number of Cylinders:-

4. Horse Power/CC:-

5. Chassis Number:-

6. Engine Number:-

7. Color of Vehicle:-

8. Seat Capacity (Including Driver):-

9. Weight:-

10. Petrol/Diesel:-

11. Radio, Cassette Player, Telephone etc. (Yes/No):-

12. Name of Company or Person from whom purchased:-

13. Use:-

14. Area of Operation:-

15. Customs Clearance:-

Vehicle Inspection

 Date of Vehicle Inspection Date of Expiry of Renewal Signature of Inspecting Officer



Remarks

Schedule-4

(Relating to Section 21)

Amended by the Act to Amend Some Nepal Acts to Make Conformable with the Constitution of Nepal, 2075. Ministry of Physical Infrastructure and Transport

Department of Transport Management

Transport Management Office

Letter No.:-

Chalan No.:-

Received Letter No. and Date:-

Date:-

Section

Subject:-Temporary Number. To: Shri

In connection with the above subject, based on the application submitted by the person/firm/company to this office on date 20 / / and the evidence attached therewith, a temporary number has been issued for the vehicle with the following details for a specified period. 1. Name, Surname, Residence of Vehicle Owner :-

2. Temporary Number Issued :-

3. Duration of Temporary Number :-

4. Customs Clearance :-

5. Vehicle Manufacturer :-

6. Type of Vehicle :-

7. Number of Cylinders :-

8. Horse Power / CC :-

9. Chassis Number :-

10. Engine Number :-

11. Color of Vehicle :-

12. Seat Capacity (Including Driver) :-

13. Weight :-

14. Petrol/Diesel :-

15. Old Plate Number of Vehicle :-

Schedule-5

(Relating to Section 50)

Schedule amended by a notice published in the Nepal Gazette dated 2054/6/6. Government of Nepal

HMG of Nepal

Driving Licence

Number:

Name:

Date of Issue:

Ctz. No.:

Father/Husband:

Address:

Expiry Date:

Blood Group:

Photograph

The Holder of this Licence is authorised to drive the following vehicles. A. Motorcycle, Scooter, Moped F. Minibus, Minitruck
 B. Car, Jeep, Delivery Van G. Truck, Bus, Lorry
 C. Tempo, Autoricksha H. Road Roller, Dozer
 D. Powertillar I. Crane, Fire brigade, Loader
 E. Tractor J. Other

Issued by

Licence holder's signature

Offences

Schedule-6

(Relating to Section 67)

Conductor's Licence

L. No. Date of Issue Expiry Date



Name:-

Citizenship No.:-

Father/Husband:-

Address:-

Photograph

You are hereby issued a Conductor's Licence for the following vehicles.

(a) Bus
(b) Minibus
(c) Truck

Government of Nepal

Amended by the Act to Amend Some Nepal Acts to Make Conformable with the Constitution of Nepal, 2075. Ministry of Physical Infrastructure and Transport

Department of Transport Management

 Transport Management Office

Passport No.:-

Blood Group:-

Conductor's Signature:-

Schedule-7

(Relating to Section 73)

(Format of Route Permit)

Government of Nepal

Amended by the Act to Amend Some Nepal Acts to Make Conformable with the Constitution of Nepal, 2075.
Vehicle and Transport Management Act, 1993

Ministry of Physical Infrastructure and Transport

Department of Transport Management

 Transport Management Office

Passport No.:-

Blood Group:-

Conductor's Signature:-

Schedule-7

(Relating to Section 73)

(Format of Route Permit)

Government of Nepal

Amended by the Act to Amend Some Nepal Acts to Make Conformable with the Constitution of Nepal, 2075. Ministry of Physical Infrastructure and Transport

Department of Transport Management

 Transport Management Office

Of the Officer granting the permit, -

Name:-

Rank:-

Signature:-

Date:-

Length of Chassis:-

Engine Number:-

Model:-

Name and Address of Company or Organisation manufacturing the vehicle:-

Name and Address of Body Building Factory:-

Permit No:-

Type of Vehicle:-

Name of Vehicle Owner or Manager:-

Address:-

Signature of Vehicle Owner or Manager:-

Type of Vehicle:-

Capacity Vehicle Number:-

Chassis Number:-

Transfer

According to the application dated 20 / / and the registration certificate dated 20 / / , the transfer has been made from the name of Shri to the name of Shri residing at

Signature of Authority:-

Date:-

 Permitted Area (Route) Current Validity Signature and Date of Officer granting or renewing the permit



Schedule-8

(Relating to Section 93)

(Format of Permit to Operate Transport Service)

Government of Nepal

Amended by the Act to Amend Some Nepal Acts to Make Conformable with the Constitution of Nepal, 2075. Ministry of Physical Infrastructure and Transport

Department of Transport Management

Photograph

Registration No.:-

Registration Date:-

This permit is issued to operate the following service pursuant to Section 93 of the Motor Vehicles and Transport Management Act, 2049.

(1) Name of Person/Firm/Company:-

(2) Address:-

(3) Main Place of Business:-

(4) Type of Service to be Operated:-

(5) Name, Surname and Designation of Owner/Partner/Operator (Main Person):-

(6) Address:-



(Signature of Main Person)



(Signature of Director General)
Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2014

Act on the Commission of Investigation on Disappeared Persons, Truth-Seeking and Reconciliation, 2071 (2014)

Date of Publication in Nepal Gazette
2071.01.28 (2014 April 11)

Amending Acts

1. The Commission of Investigation on Disappeared Persons, Truth-Seeking and Reconciliation (First Amendment) Act, 2075 (2018) 2075.03.20 (2018 July 4)
2. The Commission of Investigation on Disappeared Persons, Truth-Seeking and Reconciliation (Second Amendment) Act, 2075 (2018) 2075.10.25 (2019 February 7)
3. The Commission of Investigation on Disappeared Persons, Truth-Seeking and Reconciliation (Third Amendment) Act, 2081 (2024) 2081.05.13 (2024 August 28)

Act Number 14 of the Year 2071 (2014)

An Act Made to Make Provision Relating to the Commission of Investigation on Disappeared Persons, Truth-Seeking and Reconciliation

Preamble: Whereas, Article 33 of the Interim Constitution of Nepal, 2063 (2007) mentions the provision of providing relief to the affected families based on the report of the Investigation Commission formed in relation to the persons who were disappeared during the armed conflict and to form a high-level Truth-Seeking and Reconciliation Commission to seek the truth about persons who committed serious violations of human rights and crimes against humanity during the armed conflict and to create an environment of reconciliation in the society;

Whereas, Clause 5.2.5 of the Comprehensive Peace Accord mentions the provision of forming a high-level Truth-Seeking and Reconciliation Commission by mutual agreement to seek the truth about those involved in serious violations of human rights and crimes against humanity during the armed conflict and to create an environment of reconciliation in the society;

Having assimilated the spirit and sentiment of the Interim Constitution of Nepal, 2063 (2007) and the Comprehensive Peace Accord, it is desirable to make necessary provisions for the formation of the Commission of Investigation on Disappeared Persons and the Truth-Seeking and Reconciliation Commission to bring the actual facts before the public by conducting truth-seeking and investigation into incidents of serious violations of human rights and crimes against humanity that occurred during the armed conflict and about persons involved in such incidents, to create an environment of sustainable peace and reconciliation by enhancing mutual harmony and tolerance through reconciliation in the society, and to recommend for legal action against persons involved in serious crimes related to such incidents, including providing reparation to the victims of such incidents;

Now, therefore, the Constituent Assembly, in its capacity as the Legislature-Parliament pursuant to Article 83 of the Interim Constitution of Nepal, 2063 (2007), has enacted this Act. Chapter 1
Preliminary

1. Short Title and Commencement: (1) This Act may be cited as the "Act on the Commission of Investigation on Disappeared Persons, Truth-Seeking and Reconciliation, 2071 (2014)."

(2) This Act shall commence immediately. 2.
Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2014

Chapter 2
Formation of the Commission

3. Formation of the Commission: (1) For the purpose of bringing the actual facts before the public by conducting truth-seeking and investigation into incidents relating to amended by the Third Amendment. violation of human rights and serious violation of human rights that occurred during the armed conflict and about persons involved in such incidents, bringing about reconciliation between the perpetrator and the victim, and making recommendations for legal action against persons involved in amended by the Third Amendment. serious violation of human rights, including providing reparation to the victim, the Government of Nepal shall form, by publishing a notice in the Nepal Gazette, separately as independent, impartial, accountable and high-level, the Commission of Investigation on Disappeared Persons and the Truth-Seeking and Reconciliation Commission.

(2) The Commission shall consist of five members including the Chairperson, with at least one woman member.

(3) For recommending the appointment of the Chairperson and Members, there shall be a Recommendation Committee as follows: –

(a) A person designated by the Government of Nepal from amongst former Chief Justices – Chairperson

(b) The Chairperson of the National Human Rights Commission or a member of that Commission designated by him/her – Member

(c) Three persons, including at least one woman, nominated by the Government of Nepal from amongst human rights activists, psychologists, legal experts, forensic experts, conflict experts, sociologists, women rights activists, or persons involved in the peace process – Member

(4) The Recommendation Committee pursuant to sub-section (3) shall recommend the names to the Government of Nepal for appointment as Chairperson and Member from amongst the persons qualified to be the Chairperson and Member under this Act.

amended by the Third Amendment.(5) The Recommendation Committee pursuant to sub-section (3) shall adopt the following procedure before recommending the names of the Chairperson and Members: –

(a) Prepare a shortlist of persons qualified for appointment to the Commission and publish it for public feedback,

(b) On the basis of the background of the persons included in the list pursuant to clause (a) and the feedback received in relation to them, recommend suitable persons for appointment to the post of Chairperson and Member of the Commission.

added by the Third Amendment.(6) Other provisions relating to selection shall be as determined by the Committee itself.

added by the Third Amendment.(7) The Recommendation Committee shall complete the recommendation of the names of the Chairperson and Members within a maximum of two months from the date of its formation. 4.
Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2014

4. Qualifications of Chairperson and Member: The following person shall be qualified for appointment to the post of Chairperson or Member: –

(a) Has obtained at least a post-graduate degree from a recognized educational institution,

(b) Is not a member of any political party at the time of appointment,

(c) Has high moral character,

(d) Has worked in the field of human rights, peace, law, conflict management or sociology,

(e) Has completed the age of thirty-five years,

(f) In the case of the Chairperson, has been a Justice of the Supreme Court or Chief Judge of an Appellate Court, has worked in a special class post of the Nepal Judicial Service, or is qualified to be a Justice of the Supreme Court. 5. Disqualification for Chairperson and Member: The following person shall be deemed disqualified for appointment to the post of Chairperson or Member: –

(a) A non-Nepali citizen,

(b) Convicted by a court on a criminal charge involving moral turpitude,

(c) Punished for an offence relating to a serious violation of human rights,

(d) Involved in the armed conflict,

(e) Recommended by the National Human Rights Commission for action regarding an offence relating to violation of human rights.

amended by the Third Amendment.6. Term of Office: (1) The term of office of a Chairperson or Member appointed after the commencement of this Section shall, subject to Section 38, be four years from the date of appointment.

(2) Notwithstanding anything contained in sub-section (1), if the work of the peace process is not completed by the Commission within the period mentioned in that sub-section, the Government of Nepal may, on the basis of work progress and assessing the time required to complete the work, extend the term of office of the Chairperson or Member.

(3) Notwithstanding anything contained in sub-section (1) or (2), if the Commission declares that the work of the peace process has been completed before the expiry of the term of office, the term of office of the Chairperson or Member shall be deemed to have expired from that date.

(4) Notwithstanding anything contained elsewhere in this Section, if a Chairperson or Member lacks competence or does not conduct himself/herself according to the conduct befitting the post, the Government of Nepal shall form a three-member investigation committee under the convenorship of a former Chief Justice to investigate the matter.

(5) If the investigation committee pursuant to sub-section (4) investigates and recommends removal of such Chairperson or Member from office, the Government of Nepal shall remove such Chairperson or Member from office.
Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2014

Provided that an opportunity to submit a defense shall be given to such Chairperson or Member before removal.

(6) Other provisions relating to investigation under this Section shall be as prescribed. 7. Circumstances of Vacancy: (1) The post of Chairperson or Member shall be deemed vacant in the following circumstances: –

(a) If he/she resigns from his/her post before the Prime Minister,

(b) If he/she becomes disqualified to hold his/her post pursuant to Section 5,

amended by the Third Amendment.(b1) If the term of office expires pursuant to sub-section (1) of Section 6,

added by the Second Amendment.(c) If he/she is removed from the post he/she holds pursuant to sub-section (5) of Section 6,

(d) If he/she dies.

(2) If the post of Chairperson or Member becomes vacant for any reason, it shall be filled by completing the procedure pursuant to Section 3.

added by the Second Amendment.(3) Notwithstanding anything contained in sub-section (2), before the expiry of the term of office pursuant to sub-section (4) of Section 6, the post of Chairperson or Member may be filled by completing the procedure pursuant to Section 3. 8. Service Conditions of Chairperson and Member: (1) The Chairperson and Members shall be full-time office bearers of the Commission.

(2) The remuneration of the Chairperson and Members shall be respectively the same as that of the Chairperson and Members of the National Human Rights Commission.

(3) The service conditions and other facilities of the Chairperson and Members shall be as prescribed by the Government of Nepal. 9. Meeting and Decision of the Commission: (1) The meeting of the Commission shall be held at such place, date and time as designated by the Chairperson, as necessary.

(2) Notwithstanding anything contained in sub-section (1), in the absence of the Chairperson, the meeting of the Commission shall be held at such place, date and time as designated by the Secretary in consultation with the Members.

(3) If more than fifty percent of the total number of members of the Commission are present, the quorum for the meeting of the Commission shall be deemed to be fulfilled.

(4) The meeting of the Commission shall be presided over by the Chairperson, and in his/her absence, by the senior member present at the meeting.

(5) The decision of the Commission shall be made by consensus.
Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2014

If a decision cannot be reached by consensus, the opinion of the majority in the meeting of the Commission shall prevail, and in the case of a tie, the person presiding over the meeting shall cast a casting vote.

(6) The decision of the meeting of the Commission shall be authenticated by the Chairperson.

(7) If the Commission so desires, it may invite an expert on matters relating to the proceedings of the Commission to participate as an observer in the meeting of the Commission.

(8) Other procedures relating to the meeting of the Commission shall be as determined by the Commission itself. 10. Secretary: An officer of the special class of the Nepal Judicial Service, appointed or designated by the Government of Nepal, shall act as the Secretary of the Commission. 11. Staff of the Commission: (1) The staff required for the Commission shall be provided by the Ministry. While providing staff in such manner, the Ministry shall consult with the Commission.

added by the Third Amendment.(1a) While transferring an employee working in the Commission to another office, the Government of Nepal shall obtain the consent of the Commission.

(2) Notwithstanding anything contained in sub-section (1), if the expert staff requested by the Commission is not available with the Government of Nepal, or if the Ministry is unable to provide staff in the number requested by the Commission, the Commission may appoint staff on contract.

(3) The work, duties, rights, term of office, remuneration and facilities of staff appointed on contract pursuant to sub-section (2) shall be as determined by the Commission. Provided that the remuneration and facilities of such staff shall not exceed those of the staff of the Government of Nepal of the same rank or level working in the Commission.

(4) Staff working in the Commission pursuant to sub-section (1) shall receive allowances and facilities as determined by the Commission. 12. Resources and Audit of the Commission: (1) The Ministry shall arrange for the funds, building, equipment and other resources required for the functioning of the Commission.

(2) The funds received by the Commission pursuant to sub-section (1) shall be deposited in an account opened by the Commission in a commercial bank.

(3) All expenses of the Commission shall be borne from the funds deposited pursuant to sub-section (2).

(4) The Commission shall maintain accounts of its income and expenditure in the format adopted by the Government of Nepal.

(5) The audit of the Commission shall be carried out by the Auditor General. Chapter 3
Functions, Duties and Powers of the Commission

13.
Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2014

If the basis and reason mentioned in such complaint appear reasonable, the Commission shall investigate pursuant to sub-section (6).

(7) To facilitate the process of filing a complaint with the Commission for children, senior citizens, persons with disabilities and persons subjected to sexual violence, the Commission may make separate arrangements as prescribed.

added by the Third Amendment.(7a) If complaints of incidents of violation of human rights and serious violation of human rights during the armed conflict have been registered with various bodies including the National Human Rights Commission or the National Women Commission, and such complaints are pending in those Commissions or bodies, and if information comes to the attention of the Commission from those Commissions or bodies or any other source, the Commission may request those complaints and related details from the concerned Commission or body for the purpose of investigating such complaints.

added by the Third Amendment.(7b) Upon request pursuant to sub-section (7a), such Commission or body shall send the complaints and related details to the Commission.

added by the Third Amendment.(7c) To effectively reach the victim, the Commission may establish offices or mechanisms at the provincial and district or local level as required.

(8) Other provisions relating to the procedure for filing a complaint with the Commission shall be as prescribed. 14.
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14. Powers of the Commission Relating to Investigation: (1) While conducting an investigation under this Act, the Commission may exercise the same powers as a court under the prevailing law in relation to the following matters: –

(a) To summon any person before the Commission and take information or record a statement,

(b) To examine witnesses and record their deposition,

(c) To order the production of any document or record,

(d) To call for any document or a copy thereof from any government or public office or court,
Provided that while calling for such document from any court, the permission of the concerned court shall be obtained.

(e) To receive evidence,

(f) To conduct or cause to conduct a site inspection or order the production of material evidence.

(2) If a witness or any other person cannot be produced before the Commission due to security reasons or other causes, the Commission may record the deposition or statement of such witness or person through video conference or any other means.

(3) In relation to producing any person or presenting documents, records, material or evidence pursuant to sub-section (1), the Commission may fix a reasonable time if it deems appropriate.

(4) If the Commission believes that any object or document relating to its investigation is with any person or at any particular place, it may search or cause to search such person or place without notice and seize or cause to seize any object or document found, or take or cause to take full or partial copies or reproductions of such document.

(5) If it is necessary to investigate any person holding a public office under this Act, and if there is a likelihood that such person may destroy evidence if kept in office, the Commission may write to the concerned body to suspend him/her, and upon receipt of such letter, the concerned body shall also suspend such person for a period as provided in the law relating to his/her service conditions, and if not so provided, for a maximum of three months.

(6) If the Commission is satisfied that a disappeared person has been killed and the corpse of the deceased has been buried at any place, the Commission may excavate such place to discover the truth.

(7) Excavation pursuant to sub-section (6) shall be conducted in a systematic manner, and if any human corpse or remains are found during such excavation, the Commission shall, as far as possible, carry out a DNA or post-mortem examination of such corpse and hand over such corpse or remains to a family member of the deceased if available.

(8) Other provisions relating to the investigation of complaints and information received by the Commission shall be as prescribed.
Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2014

15. Duty to Provide Assistance in the Work of the Commission: (1) It shall be the duty of the concerned person, institution or body to produce the documents, records, material or evidence requested by the Commission pursuant to Section 14 and to appear before the Commission and provide information, statements or depositions.

(2) If the Commission requests the assistance of the local administration while searching any place or producing any person before the Commission in the course of investigation under this Act, it shall be the duty of the local administration to assist the Commission.

(3) If the person, institution or body having the duty under sub-section (1) or (2) fails to assist the work of the Commission, the Commission may impose a fine of up to fifteen thousand rupees for each such failure on such person or the head of such institution or body.

(4) If the person having a duty under sub-section (1) or (2) is an office bearer or employee of any government body or public institution, the Commission may write to the concerned authority to take departmental action or to take action under the prevailing law on the charge of not fulfilling official responsibilities, and upon receipt of such letter, the concerned authority shall take departmental action and inform the Commission thereof.

(5) If anyone obstructs or opposes the proceedings of the Commission, the Commission may impose a fine of up to fifteen thousand rupees for each such act on such person. 16. Power to Initiate Action for Contempt: (1) The Commission may initiate action for its contempt. While initiating action in such manner, if the Commission determines that contempt has occurred, it may impose a fine of up to fifteen thousand rupees or imprisonment for up to three months or both.

(2) Notwithstanding anything contained in sub-section (1), if the concerned person or body offers an apology to the satisfaction of the Commission, the Commission may grant pardon, or if a penalty has already been imposed, remit or reduce the penalty, or stay the execution of the penalty on conditions stipulated by the Commission and order that if such conditions are met, the penalty shall not be enforced. 17.
Enforced Disappearances Enquiry, Truth and Reconciliation Commission Act, 2014

17. Protection of Witnesses and Other Persons: (1) If any person appearing before the Commission to give a statement, deposition or information, a victim or a member of his/her family requests the Commission for his/her security, or even without such request, if it appears necessary to provide security to such person, or to any person assisting the Commission or working in the Commission, the Commission shall make appropriate arrangements for the security of such person.

(2) For the security of any person pursuant to sub-section (1), the Commission may take the assistance of the Government of Nepal as required.

(3) No case shall be filed or legal action taken against any person solely on the ground that he/she has given a statement or deposition or provided any information to the Commission.

(4) If requested by a person who appeared before the Commission to give a statement, deposition or information, the Commission may provide reasonable expenses for his/her travel, food and lodging expenses.

(5) If a person giving a statement or deposition, or providing any notice, information or evidence before the Commission wishes to keep his/her name confidential, the Commission shall keep the name of such person confidential.

(6) To facilitate the process of giving a statement or deposition for children, senior citizens, persons with disabilities and persons subjected to sexual violence, the Commission may make separate arrangements as prescribed.

(7) If any employee or security personnel working in a government body informs that it is not possible to give a statement, deposition or information to the Commission while remaining in the body where he/she works due to security reasons, the Commission may write to the concerned body to transfer such employee to a body where he/she may be transferred, and upon receipt of such letter, that body shall also transfer such employee.

(8) Provisions relating to the protection of the security, physical and mental well-being, privacy and dignity of witnesses, victims and persons assisting the work of the Commission shall be as prescribed. 18. Power to Conduct Public Hearings: (1) If the Commission deems it necessary to discover the truth on matters relating to amended by the Third Amendment. violation of human rights and serious violation of human rights, it may conduct a public hearing.

(2) The manner and procedure for conducting a public hearing shall be as determined by the Commission. 19.
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19. Proceeding of the Commission to be Open and Transparent: amended by the Third Amendment.(1) While performing its functions, the Commission shall act in a transparent manner in a way that is victim-centered, gender-friendly and disability-friendly.

(2) Notwithstanding anything contained in sub-section (1), proceedings which may adversely affect the reputation, self-respect, privacy or security of any person, disturb peace and order, or adversely affect the investigation process may be conducted confidentially.

(3) The Commission may from time to time make public details relating to its proceedings for the information of the victim and the general public. 20. Maintenance of Independence and Impartiality: (1) The Commission shall perform its functions independently and impartially.

(2) The Commission shall not act with bias, favoritism or malice towards anyone.

(3) While conducting its proceedings, the Commission shall adhere to universally accepted principles of human rights and justice.

(4) If a person to be investigated or proceeded against by the Commission is a relative of a Member or is directly related to him/her in the course of any transaction, such Member shall not participate in such investigation or proceeding. 21. Power to File Complaints: While investigating a complaint or information received by the Commission, if there is insufficient ground to initiate action, the Commission may file such complaint by stating the reason. Provided that if evidence is later obtained on a matter in which action ought to be taken regarding such complaint, the Commission may investigate that complaint. 22.
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Provided that if evidence is later obtained on a matter in which action ought to be taken regarding such complaint, the Commission may investigate that complaint. 22. Power to Bring About Reconciliation: amended by the Third Amendment.(1) If the perpetrator or the victim files a petition for reconciliation with the Commission, the Commission shall, with the free consent of the victim, bring about reconciliation between the perpetrator and the victim in incidents of violation of human rights other than serious violation of human rights.

(2) In relation to bringing about reconciliation between the perpetrator and the victim pursuant to sub-section (1), the Commission shall cause the perpetrator to express remorse for his/her wrongful act and to apologize to the victim.

(3) While bringing about reconciliation pursuant to sub-section (1), the Commission may cause the perpetrator to provide reasonable compensation to the victim for the loss caused.

(4) To encourage the perpetrator and the victim for reconciliation, the Commission may do or cause to do the following acts: –

(a) Organize a reconciliation ceremony involving the perpetrator, victim and their families in the armed conflict-affected area,

(b) With the involvement of the perpetrator, victim and their families, cause the construction of a memorial or public place or the erection of a pillar in memory of persons who died during the armed conflict,

(c) Publish various articles, compositions, essays, songs, pictures, etc. relating to reconciliation,

(d) Enhance social and community harmony,

(e) Perform other suitable acts.

(5) If the victim has died or the victim is a minor or mentally ill, the Commission may bring about reconciliation between the family of the victim and the perpetrator under this Section.

amended by the Third Amendment.(6) Notwithstanding anything contained elsewhere in this Act, even if a proceeding or case regarding an incident of violation of human rights is at any stage, reconciliation may be brought about with the free consent of the victim. 22A. Right to Reparation: added by the Third Amendment.(1) A victim shall have the right to obtain reparation under this Act.

(2) The following circumstances shall not be deemed to adversely affect the right of a victim to obtain reparation: –

(a) The identity of the perpetrator is not known,

(b) Reconciliation has occurred or not occurred between the victim and the perpetrator,

(c) A recommendation has been made or not made to grant amnesty or prosecute the victim.

(3) A person mentioned in Section 25A or a member of his/her family who has been directly or indirectly affected by the armed conflict during the armed conflict shall also have the right to reparation under this Act. 23.