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The Interim Constitution of Nepal, 2063 (2007) - Digital Himalaya

The Interim Constitution of Nepal, 2063 (2007) - Digital Himalaya

The Interim Constitution of Nepal, 2063 (2007) - Digital Himalaya

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THE INTERIM CONSTITUTION OF NEPAL, <strong>2063</strong> (<strong>2007</strong>)AS AMENDED BY THE FIRST TO SIXTH AMENDMENTS(6) No person shall be eligible to be appointed as the Chairperson or a member <strong>of</strong>the National Human Rights Commission unless he/she(a) holds a Bachelor's Degree from a university recognized by the Government<strong>of</strong> <strong>Nepal</strong>, and(b) is <strong>of</strong> high moral character.(7) <strong>The</strong> remuneration and other conditions <strong>of</strong> service <strong>of</strong> the Chairperson and themembers <strong>of</strong> the National Human Rights Commission shall be as determined bylaw. <strong>The</strong> remuneration and other conditions <strong>of</strong> service <strong>of</strong> the Chairperson and themembers <strong>of</strong> the National Human Rights Commission shall not, so long as theyhold <strong>of</strong>fice, be altered to their disadvantage.(8) A person who has been the Chairperson or a member <strong>of</strong> the National HumanRights Commission shall not be eligible for appointment in any othergovernment service.Provided that nothing in this clause shall be deemed to be a bar toappointment to any position <strong>of</strong> a political nature, or to any position which has theresponsibility <strong>of</strong> making investigations, inquiries or findings on any subject, or toany position which has the responsibility <strong>of</strong> submitting advice, opinions orrecommendations after carrying out studies or research on any subject.132. Functions, duties and powers <strong>of</strong> the National Human RightsCommission(1) It shall be the duty <strong>of</strong> the National Human Rights Commission to ensure therespect, protection and promotion <strong>of</strong> human rights and their effectiveimplementation.(2) In order to perform the duty pursuant to clause (1), the Commission maycarry out the following functions -(a) conduct inquiries into, investigations <strong>of</strong>, and recommendation for actionagainst the perpetrator <strong>of</strong>, instances <strong>of</strong> violation or abetment <strong>of</strong> violation <strong>of</strong>the human rights <strong>of</strong> any person or a group <strong>of</strong> persons, upon a petition orcomplaint presented to the Commission by the victim himself/herself orany person on his/her behalf or upon information received from any source,or on its own initiative,(b) forward a recommendation to the authority concerned to take departmentalaction against any authority that has the duty or responsibility to preventviolations <strong>of</strong> human rights, if it failed to perform such duty or responsibilityor showed recklessness or lack <strong>of</strong> interest in performing that duty,(c) make recommendation if necessary, to lodge a petition in the court, inaccordance with the law, against a person who has violated human rights,206

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