chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Constitution of Nepal

239. Functions, Duties and Powers of the Commission for the Investigation of Abuse of Authority: (1) The Commission for the Investigation of Abuse of Authority may, in accordance with the law, investigate or cause investigation into the abuse of authority by committing corruption by any person holding a public office. Provided that this sub-section shall not apply in case of officials for whom separate provisions are made in this Constitution and officials for whom separate special provisions are made by other laws.

(2) In the case of a person removed from office by passing an impeachment motion under Article 101, a judge removed from office by the Judicial Council, and a person subject to action under the Army Act, investigation may be conducted or caused to be conducted in accordance with the federal law after he/she is removed from office.

(3) If, from the investigation conducted under sub-section (1) or (2), it appears that any person holding a public office has committed any act deemed to be corruption under the law, the Commission for the Investigation of Abuse of Authority may file or cause to file a case against such person and other persons involved in that crime in the court having jurisdiction under the law.

(4) If, from the investigation conducted under sub-section (1) or (2), the work and actions of a person holding a public office appear to be of a nature falling within the jurisdiction of another official or body, the Commission for the Investigation of Abuse of Authority may forward the matter in writing to the concerned official or body for necessary action.

(5) The Commission for the Investigation of Abuse of Authority may delegate, subject to the specified conditions, any of its functions, duties and powers relating to conducting investigation or prosecuting cases to the Chief Commissioner, any Commissioner or an officer employee of the Government of Nepal for exercise and compliance.

(6) Other functions, duties, powers and procedure of the Commission for the Investigation of Abuse of Authority shall be in accordance with the federal law. Chapter-22

Auditor General

240.
Constitution of Nepal

Chapter-22

Auditor General

240. Auditor General: (1) There shall be an Auditor General of Nepal.

(2) The President shall appoint the Auditor General on the recommendation of the Constitutional Council.

(3) The term of office of the Auditor General shall be six years from the date of appointment.

(4) Notwithstanding anything written in sub-section (3), the office of the Auditor General shall become vacant in any of the following circumstances: -

(a) If he/she submits a written resignation to the President,
(b) If his/her age attains sixty-five years,
(c) If an impeachment motion is passed against him/her under Article 101,
(d) If the President, on the recommendation of the Constitutional Council, removes him/her from office on the ground that he/she is unable to perform duties due to physical or mental illness,
(e) If his/her death occurs.

(5) The Auditor General appointed under sub-section (2) shall not be re-appointed.

(6) A person having the following qualification shall be eligible for appointment to the post of Auditor General: -

(a) Having obtained a Bachelor's degree in Management, Commerce or Accountancy from a recognized university or having passed the Chartered Accountancy examination, and having worked in the post of special class of the Government of Nepal or having gained at least twenty years of experience in audit-related work,
(b) Not being a member of any political party at the time of appointment,
(c) Having attained the age of forty-five years, and
(d) Being of high moral character.

(7) The remuneration and terms of service of the Auditor General shall be in accordance with the federal law. So long as the Auditor General holds office, the remuneration and terms of service shall not be changed to his/her disadvantage. Provided that this provision shall not apply in case of a declaration of a state of emergency due to extreme economic disarray.

(8) A person who has once served as the Auditor General shall not be eligible for appointment in any other government service. Provided that nothing written in this sub-section shall be deemed to prevent such person from being appointed and working in any political office or any office for conducting research, inspection or investigation on any subject or for presenting opinions, views or recommendations after studying or exploring any subject. 241.
Constitution of Nepal

Provided that nothing written in this sub-section shall be deemed to prevent such person from being appointed and working in any political office or any office for conducting research, inspection or investigation on any subject or for presenting opinions, views or recommendations after studying or exploring any subject. 241. Functions, Duties and Powers of the Auditor General: (1) The accounts of all federal and provincial government offices, including the Office of the President and Vice-President, Supreme Court, Federal Parliament, Provincial Assembly, Provincial Government, Local Level, Constitutional Bodies or their offices, courts, the Office of the Attorney General, and the Nepal Army, Nepal Police or Armed Police Force, Nepal, shall be audited by the Auditor General considering regularity, economy, efficiency, effectiveness and propriety thereof in accordance with the law.

(2) When appointing an auditor for the audit of an organization in which the Government of Nepal or Provincial Government holds more than fifty percent of shares or assets, consultation shall be made with the Auditor General. The Auditor General may give necessary directives regarding the principles to be adopted while auditing such organization.

(3) The Auditor General shall have the right to inspect accounts-related documents at any time for the purposes of the work under sub-section (1). It shall be the duty of the concerned office chief to provide any document and information requested by the Auditor General or his/her employees.

(4) The accounts to be audited under sub-section (1) shall be maintained in the format prescribed by the Auditor General in accordance with the federal law.

(5) Apart from the accounts of offices mentioned in sub-section (1), provision may be made under the federal law for the audit of accounts of any other office or institution by the Auditor General. Chapter-23

Public Service Commission

242. Public Service Commission: (1) There shall be a Public Service Commission in Nepal consisting of a Chairperson and other four members.

(2) The President shall appoint the Chairperson and members of the Public Service Commission on the recommendation of the Constitutional Council.

(3) At least fifty percent of the members of the Public Service Commission shall be appointed from among persons who have served in any government service for twenty years or more, and the remaining members from among persons who have gained reputation by doing research, investigation, teaching or any other significant work in the fields of science, technology, arts, literature, law, public administration, sociology or other fields of national life.

(4) The term of office of the Chairperson and members of the Public Service Commission shall be six years from the date of appointment.

(5) The Chairperson and member appointed under sub-section (2) shall not be re-appointed.
Constitution of Nepal

Provided that a member may be appointed to the post of Chairperson, and if such member is appointed to the post of Chairperson, the period of service as member shall also be added for the calculation of his/her term of office.

(6) Notwithstanding anything written in sub-section (4), the office of the Chairperson or member of the Public Service Commission shall become vacant in any of the following circumstances: -

(a) If he/she submits a written resignation to the President,
(b) If his/her age attains sixty-five years,
(c) If an impeachment motion is passed against him/her under Article 101,
(d) If the President, on the recommendation of the Constitutional Council, removes him/her from office on the ground that he/she is unable to perform duties due to physical or mental illness,
(e) If his/her death occurs.

(7) A person having the following qualification shall be eligible for appointment to the post of Chairperson or member of the Public Service Commission: -

(a) Having obtained a Master's degree 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, and
(d) Being of high moral character.

(8) The remuneration and terms of service of the Chairperson and members of the Public Service Commission shall be in accordance with the federal law. So long as the Chairperson and members of the Public Service Commission hold office, the remuneration and terms of service shall not be changed to their disadvantage. Provided that this provision shall not apply in case of a declaration of a state of emergency due to extreme economic disarray.

(9) A person who has once served as the Chairperson or member of the Public Service Commission shall not be eligible for appointment in any other government service. Provided that nothing written in this sub-section shall be deemed to prevent such person from being appointed and working in any political office or any office for conducting research, inspection or investigation on any subject or for presenting opinions, views or recommendations after studying or exploring any subject. 243. Functions, Duties and Powers of the Public Service Commission: (1) It shall be the duty of the Public Service Commission to conduct examinations for the selection of suitable candidates for appointment to the civil service posts.
Constitution of Nepal

Explanation: For the purposes of this Article, "organization" means a corporation, company, bank, committee or other organized institution of similar nature, in which the Government of Nepal owns fifty percent or more shares or assets or has control, except universities and the Teachers Service Commission, established under the federal law or formed by the Government of Nepal.

(3) Consultation with the Public Service Commission shall be made on the general principles to be adopted in awarding promotions to posts in the Nepal Army, Nepal Police, Armed Police Force, Nepal and other federal government services.

(4) Consultation with the Public Service Commission shall be made on the law relating to terms of service of employees of any organization and the general principles to be adopted in awarding promotions and taking departmental action in such service posts.

(5) No permanent appointment shall be made to a pensionable post from the Government of Nepal without consultation with the Public Service Commission.

(6) Consultation with the Public Service Commission shall be made on the following matters: -

(a) On the law relating to the terms of federal civil service,
(b) On the principles to be adopted in making appointments, promotions and departmental actions in the federal civil service or posts,
(c) On the suitability of a candidate for appointment to a federal civil service post for a period exceeding six months,
(d) On the suitability of a candidate for transfer or promotion from one type of federal civil service post to another type of federal civil service post, or from other government service to the federal civil service, or for service conversion or transfer from a provincial civil service post to a federal civil service post, or from a federal civil service post to a provincial civil service post,
(e) On the permanent transfer or promotion of an employee serving in a post not requiring consultation with the Public Service Commission to a post requiring consultation with the Public Service Commission, and
(f) On the departmental penalty to be imposed on an employee of the federal civil service.

(7) Notwithstanding anything written in sub-section (6), matters falling within the jurisdiction of the Judicial Service Commission under Article 144 shall be as per the same.

(8) The Public Service Commission may delegate, subject to the specified conditions, any of its functions, duties and powers to the Chairperson or any member or an employee of the Government of Nepal for exercise and compliance.

(9) Other functions, duties and powers of the Public Service Commission shall be in accordance with the federal law. 244.
Constitution of Nepal

244. Provision relating to Provincial Public Service Commission: (1) There shall be a Provincial Public Service Commission in each province.

(2) The formation, functions, duties and powers of the Provincial Public Service Commission shall be in accordance with the provincial law.

(3) For the purposes of sub-section (2), the Federal Parliament shall, by law, determine the basis and standards. Part-24

Election Commission

245. Election Commission: (1) There shall be an Election Commission in Nepal consisting of a Chief Election Commissioner and other four Election Commissioners. The Chief Election Commissioner shall act as the chairperson of the Election Commission.

(2) The President shall appoint the Chief Election Commissioner and Election Commissioners on the recommendation of the Constitutional Council.

(3) The term of office of the Chief Election Commissioner and Election Commissioners shall be six years from the date of appointment.

(4) Notwithstanding anything written in sub-section (3), the office of the Chief Election Commissioner or Election Commissioner shall become vacant in any of the following circumstances: -

(a) If he/she submits a written resignation to the President,
(b) If his/her age attains sixty-five years,
(c) If an impeachment motion is passed against him/her under Article 101,
(d) If the President, on the recommendation of the Constitutional Council, removes him/her from office on the ground that he/she is unable to perform duties due to physical or mental illness,
(e) If his/her death occurs.

(5) The Chief Election Commissioner and Election Commissioner appointed under sub-section (2) shall not be re-appointed. Provided that an Election Commissioner may be appointed to the post of Chief Election Commissioner, and if such Election Commissioner is appointed to the post of Chief Election Commissioner, the period of service as Election Commissioner shall also be added for the calculation of his/her term of office.

(6) A person having the following qualification shall be eligible for appointment to the post of Chief Election Commissioner or Election Commissioner: -

(a) Having obtained a Bachelor's degree 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, and
(d) Being of high moral character.

(7) The remuneration and terms of service of the Chief Election Commissioner and Election Commissioners shall be in accordance with the federal law. So long as the Chief Election Commissioner and Election Commissioners hold office, the remuneration and terms of service shall not be changed to their disadvantage.
Constitution of Nepal

So long as the Chief Election Commissioner and Election Commissioners hold office, the remuneration and terms of service shall not be changed to their disadvantage. Provided that this provision shall not apply in case of a declaration of a state of emergency due to extreme economic disarray.

(8) A person who has once served as the Chief Election Commissioner or Election Commissioner of the Election Commission shall not be eligible for appointment in any other government service. Provided that nothing written in this sub-section shall be deemed to prevent such person from being appointed and working in any political office or any office for conducting research, inspection or investigation on any subject or for presenting opinions, views or recommendations after studying or exploring any subject. 246. Functions, Duties and Powers of the Election Commission: (1) The Election Commission shall, subject to this Constitution and the federal law, conduct, supervise, direct and control the election of the President, Vice-President, members of the Federal Parliament, members of the Provincial Assembly and members of the Local Level. The function of preparing the voter list for the purposes of election shall be performed by the Election Commission.

(2) The Election Commission shall cause a referendum to be held on matters of national importance in accordance with this Constitution and the federal law.

(3) If, after the nomination of candidacy for the President, Vice-President, members of the Federal Parliament, members of the Provincial Assembly or members of the Local Level has been filed, but before the declaration of the election result, any question arises regarding the qualification of any candidate, the decision of the Election Commission on such question shall be final.

(4) The Election Commission may delegate, subject to the specified conditions, any of its functions, duties and powers to the Chief Election Commissioner, any Election Commissioner or a government employee for exercise and compliance.

(5) Other functions, duties, powers and procedure of the Election Commission shall be in accordance with the federal law. 247. To provide necessary assistance: The Government of Nepal, Provincial Government and Local Government shall provide the employees and other assistance necessary for the Election Commission to complete its work under this Constitution. Part-25

National Human Rights Commission

248.
Constitution of Nepal

Provided that a member may be appointed to the post of Chairperson, and if such member is appointed to the post of Chairperson, the period of service as member shall also be added for the calculation of his/her term of office.

(5) Notwithstanding anything written in sub-section (3), the office of the Chairperson or member of the National Human Rights Commission shall become vacant in any of the following circumstances: -

(a) If he/she submits a written resignation to the President,
(b) If an impeachment motion is passed against him/her under Article 101,
(c) If the President, on the recommendation of the Constitutional Council, removes him/her from office on the ground that he/she is unable to perform duties due to physical or mental illness,
(d) If his/her death occurs.

(6) A person having the following qualification shall be eligible for appointment to the post of Chairperson or member of the National Human Rights Commission: -

(a) For the Chairperson, a person who has made a special contribution to the field of protection and promotion of human rights and is a retired person from the post of Chief Justice or Justice of the Supreme Court, or a person who has been active for at least twenty years in various fields of national life making a special contribution and has gained reputation,
(b) For a member, a person who has been working in the field of protection and promotion of human rights, rights and interests of children, or a person who has been active for at least twenty years in various fields of national life making a special contribution and has gained reputation,
(c) Having obtained a Bachelor's degree from a recognized university,
(d) Having attained the age of forty-five years,
(e) Not being a member of any political party at the time of appointment,
(f) Being of high moral character.

(7) The remuneration and terms of service of the Chairperson and members of the National Human Rights Commission shall be in accordance with the federal law. So long as the Chairperson and members of the National Human Rights Commission hold office, the remuneration and terms of service shall not be changed to their disadvantage. Provided that this provision shall not apply in case of a declaration of a state of emergency due to extreme economic disarray.

(8) A person who has once served as the Chairperson or member of the National Human Rights Commission shall not be eligible for appointment in any other government service.
Constitution of Nepal

Part-26

National Natural Resources and Fiscal Commission

250. National Natural Resources and Fiscal Commission: (1) There shall be a National Natural Resources and Fiscal Commission in Nepal consisting of a maximum of five members including the Chairperson.

(2) The President shall appoint the Chairperson and members of the National Natural Resources and Fiscal Commission on the recommendation of the Constitutional Council.

(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 written in sub-section (3), the office of the Chairperson or member of the National Natural Resources and Fiscal Commission shall become vacant in any of the following circumstances: -

(a) If he/she submits a written resignation to the President,
(b) If his/her age attains sixty-five years,
(c) If an impeachment motion is passed against him/her under Article 101,
(d) If the President, on the recommendation of the Constitutional Council, removes him/her from office on the ground that he/she is unable to perform duties due to physical or mental illness,
(e) If his/her death occurs.

(5) The Chairperson and member appointed under sub-section (2) shall not be re-appointed. Provided that a member may be appointed to the post of Chairperson, and if such member is appointed to the post of Chairperson, the period of service as member shall also be added for the calculation of his/her term of office.

(6) A person having the following qualification shall be eligible for appointment to the post of Chairperson or member of the National Natural Resources and Fiscal Commission: -

(a) Having obtained a Bachelor's degree in a related subject from a recognized university and having been active for at least twenty years in the field of natural resource or fiscal management, economics, law, management, and having acquired expertise,
(b) Not being a member of any political party at the time of appointment,
(c) Having attained the age of forty-five years, and
(d) Being of high moral character.

(7) The remuneration and terms of service of the Chairperson and members of the National Natural Resources and Fiscal Commission shall be in accordance with the federal law and, so long as they hold office, the remuneration and terms of service shall not be changed to their disadvantage. Provided that this provision shall not apply in case of a declaration of a state of emergency due to extreme economic disarray.

(8) A person who has once served as the Chairperson or member of the National Natural Resources and Fiscal Commission shall not be eligible for appointment in any other government service.
Constitution of Nepal

Provided that nothing written in this sub-section shall be deemed to prevent such person from being appointed and working in any political office or any office for conducting research, inspection or investigation on any subject or for presenting opinions, views or recommendations after studying or exploring any subject. 251. Functions, Duties and Powers of the 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) Determine the detailed basis and modality for the distribution of revenue from the Federal Consolidated Fund to the Federation, Province and Local Government in accordance with the Constitution and law,
(b) Recommend on equalization grants to be provided to the Provincial and Local Governments from the Federal Consolidated Fund,
(c) Study and research on conditional grants to be provided to the Provincial and Local Governments according to national policies and programs, standards, status of infrastructure, and prepare the basis,
(d) Determine the detailed basis and modality for the distribution of revenue from the Provincial Consolidated Fund to the Province and Local Government,
(e) Recommend measures to fulfill the expenditure responsibilities of the Federation, Province and Local Government and to improve revenue collection,
(f) Analyze macroeconomic indicators and recommend the limit of internal debt that the Federation, Province and Local Government may incur,
(g) Review the basis of revenue distribution between the Federation and Provincial Government and recommend modifications,
(h) Prepare and recommend the basis for determining the share of investment and return of the Government of Nepal, Provincial Government and Local Level while mobilizing natural resources,
(i) Study and research on potential disputes that may arise between the Federation and Province, between Provinces, between Province and Local Level, and between Local Levels regarding the distribution of natural resources, and suggest working in a coordinative manner to resolve them.

(2) While distributing natural resources, the National Natural Resources and Fiscal Commission shall conduct necessary study and research on the environmental impact assessment related thereto and recommend to the Government of Nepal.

(3) Other functions, duties and powers of the National Natural Resources and Fiscal Commission, detailed basis to be adopted while mobilizing natural resources or distributing revenue, terms of service of the officials of the Commission, and other arrangements shall be in accordance with the federal law. Part-27

Other Commissions

252.
Constitution of Nepal

Part-27

Other Commissions

252. National Women Commission: (1) There shall be a National Women Commission in Nepal consisting of a Chairperson and other four members.

(2) The President shall appoint the Chairperson and members of the National Women Commission on the recommendation of the Constitutional Council.

(3) The term of office of the Chairperson and members of the National Women Commission shall be six years

(ख) Formulating national policies and programs concerning Dalit interests for the upliftment and development of Dalits by ending caste-based discrimination, untouchability, oppression and differentiation, and submitting them to the Government of Nepal for implementation,

(ग) Monitoring whether the laws relating to Dalit interests, including special provisions for the upliftment and welfare of the Dalit community, are effectively complied with or not, and if not complied with or implemented, providing suggestions to the Government of Nepal for their compliance or implementation,

(घ) Providing suggestions to the Government of Nepal regarding the preparation of reports that Nepal is required to submit in accordance with the provisions of international treaties or agreements to which Nepal is a party, relating to the rights of the Dalit community,

(ङ) Reviewing, monitoring and evaluating existing policies and programs to integrate the Dalit community into the mainstream of national development and ensure proportional participation in all organs of the state, and recommending to the Government of Nepal for their effective implementation,

(च) Recommending to the concerned body to file a case in the court in accordance with the law, if it appears necessary to file a case against any person or institution regarding matters of caste-based discrimination or untouchability or social malpractices, or denial or deprivation of the exercise of the rights of Dalits.

(2) The National Dalit Commission may delegate any of its powers, duties and functions to the Chairperson, any member or any employee of the Government of Nepal, subject to the conditions specified, to be exercised and performed.

(3) Other functions, duties, powers and other related provisions of the National Dalit Commission shall be as determined by federal law. 257. Power to establish offices in Provinces: The National Dalit Commission may, as required, establish its offices in the provinces. 258.
Constitution of Nepal

257. Power to establish offices in Provinces: The National Dalit Commission may, as required, establish its offices in the provinces. 258. National Inclusion Commission: (1) There shall be a National Inclusion Commission in Nepal, consisting of a Chairperson and up to four other members.

(2) The President shall appoint the Chairperson and members of the National Inclusion Commission on the recommendation of the Constitutional Council.

(3) The term of office of the Chairperson and members of the National Inclusion Commission shall be six years from the date of appointment.

(4) Notwithstanding anything contained in sub-section (3), the office of the Chairperson or member of the National Inclusion Commission shall be deemed vacant in any of the following circumstances:

(a) If he/she submits a written resignation to the President,
(b) If he/she attains the age of sixty-five years,
(c) If a motion of impeachment is passed against him/her pursuant to Article 101,
(d) If the President removes him/her on the recommendation of the Constitutional Council on the ground that he/she is unable to perform his/her duties due to physical or mental illness,
(e) If he/she dies.

(5) The Chairperson and members appointed pursuant to sub-section (2) shall not be eligible for reappointment. Provided that a member may be appointed to the office of Chairperson, and if such member is appointed as Chairperson, the period served as a member shall also be added in calculating his/her term of office.

(6) A person having the following qualifications shall be qualified for appointment to the office of Chairperson or member of the National Inclusion Commission:

(a) Having made significant contribution in the field of social inclusion, rights and interests or development of persons with disabilities, minority and marginalized communities and backward regions and classes, or human rights for at least ten years,
(b) In the case of Chairperson, having obtained a bachelor's degree from a recognized university,
(c) Having completed the age of forty-five years,
(d) Not being a member of any political party at the time of appointment, and
(e) Having high moral character.

(7) The remuneration and terms of service of the Chairperson and members of the National Inclusion Commission shall be as determined by federal law, and such remuneration and terms of service shall not be varied to their disadvantage during their tenure. Provided that this provision shall not apply in circumstances where a state of emergency is declared due to extreme economic breakdown.

(8) A person who has once held the office of Chairperson or member of the National Inclusion Commission shall not be eligible for appointment in any other government service.
Constitution of Nepal

Provided that this provision shall not apply in circumstances where a state of emergency is declared due to extreme economic breakdown.

(8) A person who has once held the office of Chairperson or member of the National Inclusion Commission shall not be eligible for appointment in any other government service. Provided that nothing in this sub-section shall be deemed to prevent such person from being appointed and working in any political office or any office for conducting research, inquiry or investigation into any matter or for studying or exploring any subject and submitting opinions, views or recommendations. 259. Functions, duties and powers of the National Inclusion Commission: (1) The functions, duties and powers of the National Inclusion Commission shall be as follows:

(a) To conduct studies and research for the protection of the rights and interests of communities including Khas Arya, backward classes, persons with disabilities, senior citizens, laborers, farmers, minorities and marginalized communities, and backward classes and regions including Karnali and economically disadvantaged classes,
(b) To study the implementation status of the policies and laws adopted by the Government of Nepal for the inclusion of the communities, classes and regions mentioned in clause (a), and provide suggestions to the Government of Nepal for improvement,
(c) To study whether the communities, classes and regions mentioned in clause (a) have appropriate representation in state mechanisms and provide suggestions to the Government of Nepal for reviewing the special arrangements made for the representation of such communities, classes and regions,
(d) To study whether the protection, empowerment and development of the communities, classes and regions mentioned in clause (a) are satisfactory, and recommend to the Government of Nepal regarding policies to be adopted in the future,
(e) To provide suggestions to the Government of Nepal regarding policies and programs to be adopted for the development and prosperity of Karnali and backward regions,
(f) To recommend timely amendments to laws relating to minorities and marginalized communities,
(g) To monitor the implementation status of rights guaranteed to minorities and marginalized communities and make necessary review based on periodic national census and human development index reports and recommend amendments.

(2) The National Inclusion Commission may delegate any of its functions, duties and powers to the Chairperson, any member or any employee of the Government of Nepal, subject to the conditions specified, to be exercised and performed.

(3) Other functions, duties, powers and other related provisions of the National Inclusion Commission shall be as determined by federal law. 260. Power to establish offices in Provinces: The National Inclusion Commission may, as required, establish its offices in the provinces. 261.
Constitution of Nepal

260. Power to establish offices in Provinces: The National Inclusion Commission may, as required, establish its offices in the provinces. 261. Indigenous Nationalities Commission: (1) There shall be an Indigenous Nationalities Commission in Nepal, consisting of a Chairperson and up to four other members.

(2) The President shall appoint the Chairperson and members of the Indigenous Nationalities Commission on the recommendation of the Constitutional Council.

(3) The term of office of the Chairperson and members of the Indigenous Nationalities Commission shall be six years from the date of appointment.

(4) Other provisions relating to the qualifications, circumstances of vacancy, remuneration and terms of service of the Chairperson and members of the Indigenous Nationalities Commission and the functions, duties and powers of such Commission shall be as determined by federal law. 262. Madhesi Commission: (1) There shall be a Madhesi Commission in Nepal, consisting of a Chairperson and up to four other members.

(2) The President shall appoint the Chairperson and members of the Madhesi Commission on the recommendation of the Constitutional Council.

(3) The term of office of the Chairperson and members of the Madhesi Commission shall be six years from the date of appointment.

(4) Other provisions relating to the qualifications, circumstances of vacancy, remuneration and terms of service of the Chairperson and members of the Madhesi Commission and the functions, duties and powers of such Commission shall be as determined by federal law. 263. Tharu Commission: (1) There shall be a Tharu Commission in Nepal, consisting of a Chairperson and up to four other members.

(2) The President shall appoint the Chairperson and members of the Tharu Commission on the recommendation of the Constitutional Council.

(3) The term of office of the Chairperson and members of the Tharu Commission shall be six years from the date of appointment.

(4) Other provisions relating to the qualifications, circumstances of vacancy, remuneration and terms of service of the Chairperson and members of the Tharu Commission and the functions, duties and powers of such Commission shall be as determined by federal law. 264. Muslim Commission: (1) There shall be a Muslim Commission in Nepal, consisting of a Chairperson and up to four other members.

(2) The President shall appoint the Chairperson and members of the Muslim Commission on the recommendation of the Constitutional Council.

(3) The term of office of the Chairperson and members of the Muslim Commission shall be six years from the date of appointment.

(4) Other provisions relating to the qualifications, circumstances of vacancy, remuneration and terms of service of the Chairperson and members of the Muslim Commission and the functions, duties and powers of such Commission shall be as determined by federal law. 265.
Constitution of Nepal

265. Review of Commissions: The Federal Parliament shall review the Commissions formed pursuant to this Part after ten years from the date of commencement of this Constitution. Part-28

Provisions relating to National Security

266. National Security Council: (1) There shall be a National Security Council consisting of the following Chairperson and members to formulate policies relating to the overall national interest, security and defense of Nepal and to recommend to the Government of Nepal, the Council of Ministers for the mobilization or control of the Nepalese Army:

(a) Prime Minister – Chairperson
(b) Minister of Defence of the Government of Nepal – Member
(c) Minister of Home Affairs of the Government of Nepal – Member
(d) Minister of Foreign Affairs of the Government of Nepal – Member
(e) Minister of Finance of the Government of Nepal – Member
(f) Chief Secretary of the Government of Nepal – Member
(g) Chief of Army Staff, Nepalese Army – Member

(2) The Secretary of the Ministry of Defence shall act as the member-secretary of the National Security Council.

(3) The National Security Council shall submit its annual report to the President, and the President shall cause such report to be submitted to the Federal Parliament through the Prime Minister.

(4) Other provisions relating to the National Security Council shall be as determined by federal law. 267. Provisions relating to the Nepalese Army: (1) There shall be an organization of the Nepalese Army, which is committed to this Constitution, for the protection of the independence, sovereignty, territorial integrity, autonomy and national unity of Nepal.

(2) The President shall be the Supreme Commander of the Nepalese Army.

(3) Entry of women, Dalit, indigenous, indigenous nationalities, Khas Arya, Madhesi, Tharu, Muslim, backward classes and citizens of backward regions into the Nepalese Army shall be ensured on the basis of the principles of equality and inclusion, in accordance with federal law.

(4) The Government of Nepal may also mobilize the Nepalese Army for development works, disaster management and other tasks, in accordance with federal law.

(5) The President shall, on the recommendation of the Council of Ministers, appoint and remove the Chief of Army Staff.

(6) If a serious crisis arises due to war, external aggression, armed rebellion or extreme economic breakdown concerning the sovereignty, territorial integrity or security of any part of Nepal, the Government of Nepal, on the recommendation of the National Security Council, shall, by a decision of the Council of Ministers, have the President declare the mobilization of the Nepalese Army.
Constitution of Nepal

Such declaration of mobilization of the Nepalese Army shall be approved by the House of Representatives within one month from the date of declaration.

(7) Other provisions relating to the Nepalese Army shall be as determined by law. 268. Provisions relating to Nepal Police, Armed Police Force, Nepal and National Investigation Organization: (1) There shall be Nepal Police, Armed Police Force, Nepal and the National Investigation Department in the Federation.

(2) There shall be a Provincial Police Organization in each Province.

(3) Provisions relating to the operation, supervision and coordination of the functions performed by Nepal Police and Provincial Police shall be as determined by federal law.

(4) Other provisions relating to Nepal Police, Armed Police Force, Nepal and the National Investigation Department shall be as determined by federal law. Part-29

Provisions relating to Political Parties

269. Formation, registration and operation of political parties: (1) Persons committed to a common political ideology, philosophy and program may, subject to the law made under clause (g) of sub-section (2) of Article 17, form and operate political parties, and propagate and publicize them or have them propagated or do other necessary work for that purpose to gain the support and cooperation of the general public for the ideology, philosophy and program of the party.

(2) Political parties formed pursuant to sub-section (1) shall, after fulfilling the procedures as per law, register with the Election Commission.

(3) For the purpose of registering a party pursuant to sub-section (2), when submitting an application, besides the constitution and manifesto of the concerned political party, other documents as required by federal law shall also be submitted.

(4) When applying for registration of a party pursuant to sub-section (2), the political party must fulfill the following conditions:

(a) The constitution and rules of the political party must be democratic,
(b) The constitution of the political party must provide that elections of office bearers at the federal and provincial levels of that party shall be held at least once every five years. Provided that if due to special circumstances, elections of office bearers cannot be completed within five years, there shall be no bar to making provision in the constitution of the political party so that such election can be held within six months.

(c) Inclusive representation must be provided for in the executive committees at various levels of the party so as to reflect the diversity of Nepal.

(5) If the name, objectives, symbol or flag of any political party is of a nature that disturbs the religious or communal unity of the country or disintegrates the country, such political party shall not be registered. 270.
Constitution of Nepal

270. Prohibition on banning political parties: (1) Any law made or any provision or decision made to impose a ban on the formation and operation of political parties pursuant to Article 269 and the propagation and publicity thereof to gain the support and cooperation of the general public for the ideology, philosophy and program of the party shall be deemed contrary to this Constitution and shall be void ab initio.

(2) Any law made or any provision or decision made to allow only a single political party or persons having the same kind of political ideology, philosophy or program to participate or be involved in elections, the political system of the country or the operation of the state system shall be deemed contrary to this Constitution and shall be void ab initio. 271. Registration required to obtain recognition for election as a political party: (1) Every political party registered pursuant to Article 269 that wishes to obtain recognition from the Election Commission for the purpose of elections shall, after fulfilling the procedures as per federal law, register with the Election Commission.

(2) When applying for the purpose of sub-section (1), the political party shall, in addition to the details mentioned in sub-section (3) of Article 269, submit an annual audit report and must also fulfill the conditions mentioned in sub-section (4) of that Article. 272. Other provisions relating to political parties: The formation, registration, operation and facilities of political parties and other related matters shall be as determined by federal law. Part-30

Emergency Powers

273.
Constitution of Nepal

272. Other provisions relating to political parties: The formation, registration, operation and facilities of political parties and other related matters shall be as determined by federal law. Part-30

Emergency Powers

273. Emergency provisions: (1) If a serious crisis arises due to war, external aggression, armed rebellion, extreme economic breakdown, natural disaster or epidemic concerning the sovereignty, territorial integrity or security of any part of Nepal, the President may declare or issue an order for a state of emergency to be effective throughout Nepal or in any specific part of Nepal.

(2) Notwithstanding anything contained in sub-section (1), if a serious crisis arises in a Province due to natural disaster or epidemic, the concerned Provincial Government may request the Government of Nepal to declare or issue an order for a state of emergency in the Province or any part thereof pursuant to this Article.

(3) A declaration or order made pursuant to sub-section (1) shall be presented to both Houses of the Federal Parliament for approval within one month from the date of such declaration or order.

(4) If a declaration or order presented for approval pursuant to sub-section (3) is approved by at least a two-thirds majority of the total number of members then existing of both Houses of the Federal Parliament, such declaration or order shall remain in force for a period of three months from the date of such declaration or order.

(5) If a declaration or order presented for approval pursuant to sub-section (3) is not approved in accordance with sub-section (4), it shall automatically become ineffective.

(6) Notwithstanding anything contained elsewhere in this Article, if the situation under sub-section (1) still exists, a proposal to extend the period of the emergency declaration or order for another period not exceeding three months may be presented to the Federal Parliament before the expiry of the period under sub-section (4) for one more time.

(7) If the proposal under sub-section (6) is passed by at least a two-thirds majority of the total number of members then existing of both Houses of the Federal Parliament, the declaration or order of the state of emergency shall remain in force for the period specified in such proposal.

(8) In the event of dissolution of the House of Representatives, the powers exercisable by the Federal Parliament pursuant to sub-sections (3), (4), (6) and (7) shall be exercised by the National Assembly.

(9) After a declaration or order of a state of emergency under sub-section (1), the President may issue necessary orders to remedy such situation.