chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
Constitution of Nepal 2072

Provided that nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject. 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 to be appointed to the positions in the Civil Service. Explanation: For the purposes of this Article, "positions in the Civil Service" means all positions in the services of the Government of Nepal, other than the positions in the services of Army personnel, Nepal Police or Armed Police Force, Nepal and such other positions in the services as are excluded by an Act from the Civil Service. (2) The Public Service Commission shall conduct written examinations to be given for appointment to the offices of the Nepal Army, Nepal Police, Armed Police Force, Nepal, other Federal governmental services and of bodies corporate, other than the positions in the Civil Service. Explanation: For the purposes of this Article, "body corporate" means a corporation, company, bank or board of which more than fifty percent or more of the shares or assets is owned or controlled by the Government of Nepal, except a university or Education Service Commission, or a commission, corporation, authority, body, academy, board, centre, council and other body corporate of similar nature established under the Federal law or formed by the Government of Nepal. (3) The Public Service Commission shall be consulted on the general principles to be followed in the course of making appointment and promotion to any position of the Nepal army, Nepal Police, Armed Police Force, Nepal and other Federal government services. (4) The Public Service Commission shall be consulted on the laws relating to the conditions of service of the employees in the service of a body corporate and on the general principles to be followed in the course of making promotion to any position of such service and taking departmental action against any such employee. (5) No permanent appointment to any pensionable position chargeable on the Government of Nepal shall be made except in consultation with the Public Service Commission. Constitution of Nepal 2072
Constitution of Nepal 2072

(6) The Public Service Commission shall be consulted on the following subjects: (a) matters concerning the law relating to the conditions of service of the Federal Civil Service; (b) the principles to be followed in making appointments to, promotions to, the Federal Civil Service or positions thereof and taking departmental action; (c) matters concerning the suitability of any candidate for appointment to the Federal Civil Service position for a period of more than six months; (d) matters concerning the suitability of any candidate for transfer or promotion from a position in one type of Federal Civil Service to a position in other type of Federal Civil Service or transfer or promotion from other government service to the Federal Civil Service or for a change in service or transfer from a position in a State Civil Service to a position in the Federal Civil Service or from a position in the Federal Civil Service to a State Civil Service, (e) matters concerning the permanent transfer or promotion of an employee working in any position which does not require consultation with the Public Service Commission to any position which requires consultation with the Public Service Commission; and (f) matters relating to departmental action against any employee of the Federal Civil Service. (7) Notwithstanding anything contained in clause (6), matters falling within the jurisdiction of the Judicial Service Commission under Article 154 shall be governed by that Article. (8) The Public Service Commission may so delegate any of its functions, duties and powers to its Chairperson or Member, an employee of the Government of Nepal as to be exercised and complied with subject to the specified conditions. (9) Other functions, duties and powers and rules of procedure of the Public Service Commission shall be as provided for in the Federal law. 244. Provisions relating to State Public Service Commission: (1) Each State shall have a State Public Service Commission. (2) The functions, duties and powers of the State Public Service Commission shall be as provided for in the State law. (3) The Federal Parliament shall by law determine grounds and standards for the purposes of clause (2). Part-24 Election Commission 245. Election Commission: (1) There shall be an Election Commission of Nepal, consisting of a Chief Commissioner and four other Commissioners. The Chief Commissioner shall act as the chairperson of the Election Commission. (2) The President shall, on the recommendation of the Constitutional Council, appoint the Chief Election Commissioner and Commissioners. (3) The term of office of the Chief Election Commissioner and Commissioners of the Election Commission shall be six years from the date of appointment. Constitution of Nepal 2072
Constitution of Nepal 2072

(4) Notwithstanding anything contained in clause (3), the office of the Chief Election Commissioner or Election Commissioner shall be vacant in any of the following circumstances: (a) if he or she tenders resignation in writing to the President, (b) if he or she attains the age of sixty-five years, (c) if a motion of impeachment is passed against him or her under Article 101, (d) if he or she is removed from office by the President on recommendation of the Constitutional Council on grounds of his or her inability to hold office and discharge the functions due to physical or mental illness, (e) if he or she dies. (5) The Chief Election Commissioner and Commissioners appointed under clause (2) shall not be eligible for reappointment. Provided that a Commissioner may be appointed to the office of Chief Election Commissioner, and when a Commissioner is so appointed as the Chief Election Commissioner, his or her term of office shall be so computed as to include his or her term as the Commissioner. (6) A person shall be eligible to be appointed as the Chief Election Commissioner or an Election Commissioner if he or she possesses the following qualification: (a) holding 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 other conditions of service of the Chief Election Commissioner and Election Commissioners shall be as provided for in the Federal law. The remuneration and conditions of service of the Chief Election Commissioner and the Commissioners shall not, so long as they hold office, be altered to their disadvantage. Provided that this provision shall not apply in cases where a state of emergency is declared because of extreme economic disarrays. (8) A person once appointed as the Chief Election Commissioner and a Commissioner of the Election Commission shall not be eligible for appointment in other government service. Provided that nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject. 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 to the President, Vice-President, members of the Federal Parliament, members of State Assemblies and members of Local level. For these purposes, the Election Commission shall prepare electoral rolls. Constitution of Nepal 2072
Constitution of Nepal 2072

(2) The Election Commission shall hold a referendum on a matter of national importance pursuant to this Constitution and the Federal law (3) If, after nomination of candidacy for the President, Vice President, member of the Federal Parliament, member of State Assemblies or member of Local level has been filed but before the election results are declared, a question arises about the qualification of a candidate, the Election Commission shall decide that question. (4) The Election Commission may so delegate any of its functions, duties and powers to the Chief Election Commissioner, Election Commissioner or any government employee as to be exercised and complied with subject to the specified conditions. (5) Other functions, duties and powers and rules of procedure of the Election Commission shall be as provided for in the Federal law. 247. To provide necessary assistance to Election Commission: The Government of Nepal, State Government and Local Government shall provide such employees and other assistance to the Election Commission as may be required to perform its functions pursuant to this Constitution. Part-25 National Human Rights Commission 248. National Human Rights Commission: (1) There shall be a National Human Rights Commission of Nepal, consisting of a Chairperson and four other members. (2) The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members. (3) The term of office of the Chairperson and members of the National Human Rights Commission shall be six years from the date of appointment. (4) The Chairperson and members appointed under clause (2) shall not be eligible for reappointment. Provided that a Member may be appointed to the office of Chairperson, and when a member is so appointed as the Chairperson, his or her term of office shall be so computed as to include his or her term as the Member. (5) Notwithstanding anything contained in clause (3), the office of the Chairperson or member of the National Human Rights Commission shall be vacant in any of the following circumstances: (a) if he or she tenders resignation in writing to the President, (b) if a motion of impeachment is passed against him or her under Article 101, (c) if he or she is removed from office by the President on recommendation of the Constitutional Council on grounds of his or her inability to hold office and discharge the functions due to physical or mental illness, (d) if he or she dies. Constitution of Nepal 2072
Constitution of Nepal 2072

(6) A person shall be eligible to be appointed as the Chairperson or a member of the National Human Rights Commission if he or she possesses the following qualification: (a) in the case of the Chairperson, being a retired Chief Justice or retired Judge of the Supreme Court and having rendered outstanding contribution to the protection and promotion of human rights or being a renowned person having been active for at least twenty years in and rendered outstanding contribution to the protection and promotion of human rights or to various fields of national life, (b) in the case of a Member, being a person being involved in the field of the protection and promotion of human rights or rights and interests of the child or being a renowned person having been active for at least twenty years in and rendered outstanding contribution to various fields of national life, (c) holding 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 other conditions of service of the Chairperson and members of the National Human Rights Commission shall be as provided for in the Federal law. The remuneration and conditions of service of the Chairperson and members of the National Human Rights Commission shall not, so long as they hold office, be altered to their disadvantage. Provided that this provision shall not apply in cases where a state of emergency is declared because of extreme economic disarrays. (8) A person once appointed as the Chairperson or a member of the National Human Rights Commission shall not be eligible for appointment in other government service. Provided that nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject. 249. Functions, duties and powers of National Human Rights Commission: (1) It shall be the duty of the National Human Rights Commission to respect, protect and promote human rights and ensure effective enforcement thereof. Constitution of Nepal 2072
Constitution of Nepal 2072

(2) For the accomplishment of the duty mentioned in clause (1), the National Human Rights Commission shall perform the following functions: (a) to inquire, on its own initiative or on petition or complaint presented in or sent to the Commission by a victim or any person on his or her behalf or on information received by the Commission from any source, into and investigate complaints of violations of human rights of an individual or group or abetment thereof, and make recommendation for action against the perpetrators, (b) if any official who has the responsibility or duty to prevent violations of human rights fails to fulfill or perform his or her responsibility or duty or shows reluctance in the fulfillment or performance of his or her responsibility or duty, to make recommendation to the concerned authority to take departmental action against such official, (c) if it is required to institute a case against any person or organization who has violated human rights, to make recommendation to file a case in the court in accordance with law; (d) to coordinate and collaborate with the civil society in order to enhance awareness on human rights, (e) to make recommendation, accompanied by the reasons and grounds, to the concerned body for taking departmental action against and imposing punishment on those who have violated human rights, (f) to carry out periodic reviews of the relevant laws relating to human rights and make recommendation to the Government of Nepal for necessary improvements in and amendments to such laws, (g) if Nepal has to become a party to any international treaty or agreement on human rights, to make recommendation, accompanied by the reasons therefor, to the Government of Nepal; and monitor whether any such treaty or agreement to which Nepal is already a party has been implemented, and if it is found not to have been implemented, to make recommendation to the Government of Nepal for its implementation, (h) to publish, in accordance with law, the names of the officials, persons or bodies who have failed to observe or implement any recommendations or directives made or given by the National Human Rights Commission in relation to the violations of human rights, and record them as violators of human rights. Constitution of Nepal 2072
Constitution of Nepal 2072

(3) In discharging its functions or performing its duties, the National Human Rights Commission may exercise the following powers: (a) to exercise all such powers as of a court in respect of the summoning and enforcing the attendance of any person before the Commission and seeking and recording his or her information or statements or depositions, examining evidence and producing exhibits and proofs, (b) on receipt of information by the Commission in any manner that a serious violation of human rights has already been committed or is going to be committed, to search any person or his or her residence or office, enter such residence or office without notice, and, in the course of making such search, take possession of any document, evidence or proof related with the violation of human rights, (c) in the event of necessity to take action immediately on receipt of information that the human rights of any person are being violated, to enter any government office or any other place without notice and rescue such person, (d) to order for the provision of compensation in accordance with law to any person who is a victim of the violations of human rights; (4) The National Human Rights Commission may so delegate any of its functions, duties and powers to the Chairperson of the Commission, any of its Members or a government employee as to be exercised and complied with subject to the specified conditions. (5) Other functions, duties and powers and rules of procedure of the National Human Rights Commission shall be as provided for in the Federal law. 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 of Nepal, consisting of a maximum of five members including a Chairperson. (2) The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members of the National Natural Resources and Fiscal Commission. (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 contained in clause (3), the office of the Chairperson or member of the National Natural Resources and Fiscal Commission shall be vacant in any of the following circumstances: (a) if he or she tenders resignation in writing to the President, (b) if he or she attains the age of sixty-five years, (c) if a motion of impeachment is passed against him or her under Article 101, (d) if he or she is removed from office by the President on recommendation of the Constitutional Council on grounds of his or her inability to hold office and discharge the functions due to physical or mental illness, (e) if he or she dies. (5) The Chairperson and members appointed under clause (2) shall not be eligible for reappointment. Constitution of Nepal 2072
Constitution of Nepal 2072

Provided that a member may be appointed to the office of Chairperson, and when a member is so appointed as the Chairperson, his or her term of office shall be so computed as to include his or her term as the member. (6) A person shall be eligible to be appointed as the Chairperson or a member of the National Natural Resources and Fiscal Commission if he or she possesses the following qualification: (a) having gained expertise upon being active for at least twenty years in the field of natural resources or fiscal management, economics, law, management, after holding a bachelor's degree in the relevant subject 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, (d) being of high moral character. (7) The remuneration and other conditions of service of the Chairperson and members of the National Natural Resources and Fiscal Commission shall be as provided for in the Federal law, and their remuneration and conditions of service shall not, so long as they hold office, be altered to their disadvantage. Provided that this provision shall not apply in cases where a state of emergency is declared because of extreme economic disarrays. (8) A person once appointed as the Chairperson or a member of the National Natural Resources and Fiscal Commission shall not be eligible for appointment in other government service. Provided that nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject. 251. Constitution of Nepal 2072
Constitution of Nepal 2072

Functions, duties and powers of 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) to determine detailed basis and modality for the distribution of revenues between the Federal, State and Local Governments out of the Federal Consolidated Fund in accordance with the Constitution and law, (b) to make recommendation about equalization grants to be provided to the State and Local Governments out of the Federal Consolidated Fund, (c) to conduct study and research work and prepare parameters as to conditional grants to be provided to the State and Local Governments in accordance with national policies and programs, norms/standards and situation of infrastructures, (d) to determine detailed basis and modality for the distribution of revenues between the State and Local Governments out of the State Consolidated Fund, (e) to recommend measures to meet expenditures of the Federal, State and Local Governments, and to reform revenue collection, (f) to analyze macro-economic indicators and recommend ceiling of internal loans that the Federal, State and Local Governments can borrow, (g) to review the bases for the distribution between the Federal and State Governments of revenues and recommend for revision, (h) to set bases for the determination of shares of the Government of Nepal, State Government and Local level in investments and returns, in the mobilization of natural resources, (i) to do study and research work on possible disputes that may arise between the Federation and the States, between States, between a State and a Local level, and between Local levels, and make suggestions to act in a coordinated manner for the prevention of such disputes. (2) The National Natural Resources and Fiscal Commission shall carry out necessary study and research work about environmental impact assessment required in the course of distribution of natural resources, and make recommendations to the Government of Nepal. (3) Other functions, duties and powers and rules of procedure of the National Natural Resources and Fiscal Commission, detailed bases required to be followed in the mobilization of natural resources or distribution of revenues, and other matters including conditions of service of the officials of the Commission shall be as provided for in the Federal law. Part-27 Other Commissions 252. National Women Commission: (1) There shall be a National Women Commission of Nepal, consisting of a Chairperson and four other members. (2) The President shall, on the recommendation of the Constitutional Council, appoint the Chairperson and members of the National Women Commission. (3) The term of office of the Chairperson and members of the National Women Commission shall be six years from the date of appointment. Constitution of Nepal 2072