PART 29 - National Inclusion Commission

By Nepalko on April 09, 2017

There shall be a National Inclusion Commission in Nepal consisting of Chairperson and as many as eight other members.
The President shall, on the recommendation of Constitutional Council, appoint the Chairperson and members of National Inclusion Commission.
The term of office of Chairperson and members of National Inclusion Commission shall be six years from the date of appointment.
Notwithstanding anything contained in the clause (3), the posts of the Chairperson or member of National Inclusion Commission shall be deemed vacant in the following circumstances:-

if he/she submits written resignation to the President,
If he/she is past 65 years of age,
in the case impeachment proposal filed against him/her is passed as per Article 101, or
if he/she dies.

The Chairperson and members appointed pursuant to clause (2) shall not be eligible for reappointment.
Provided that nothing in this Clause shall be deemed to be a bar to the appointment of a member of the Commission as chairperson thereof, and when a member is so appointed as the Chairperson, her/his term of office shall be computed so as to include her/his tenure as member as well.
Persons who meet following qualification requirement shall be eligible for appointment in the post of Chairperson and member of National Inclusion Commission:-

who has significantly contributed, for at least ten years, in the field of social inclusion, and in promoting the rights and interests and development of persons disability, marginalized, minority and backward communities, human rights
in case of Chairperson, a person who has attained at least Bachelor‟s Degree from recognized university,
who has attained the age of forty five years,
who has not been a member of any political party immediately before the appointment,
who possesses high moral character

The remuneration and other conditions of service of the Chairperson and members of the National Inclusion Commission shall be as prescribed by law. Conditions and terms of remuneration and other benefits shall not be altered, so long as they hold office, to their disadvantage.
Provided that extreme economic disarray has led to state of emergency, this provision shall not be applicable.
The person, who has served in the capacity of Chairperson or members of the National Inclusion Commission, shall not be eligible for appointment in other government services.
Provided that, nothing in this clause shall be deemed to be a bar to the appointment to any position of a political nature, or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to the position which has the responsibility of submitting advice, opinions or recommendations.

Functions, duties and powers of National Inclusion Commission shall be as follows:-

To carry out research and studies for protecting rights and welfare of indigenous communities, Khash Arya, Madhesi, Tharu, Muslim, backward class, persons with disability, senior citizens, laborers, peasants, marginalized and minority communities, people of Karnali region and economically disadvantaged people,
To review the policies of the Government of Nepal for inclusion of the persons as mentioned in sub-clause (a) above and their implementation, and to forward necessary recommendation to the government for reform,
To conduct study about the rightful representation of the persons as mentioned in section (a) above in the state mechanisms, and to forward a recommendation to the Government of Nepal to review the provision to ensure their representation therein,
To study whether protection, empowerment and development of the persons as mentioned in section (a) is satisfactory and to forward a recommendation to the Government of Nepal regarding the policies to be adopted for the future,
To recommend the Government of Nepal regarding policies and programs to be implemented for development and prosperity of Karnali and other backward regions,
To recommend for timely revision in the laws related to minorities and marginalized communities,
To monitor the situation of implementation of rights and interests of minorities and marginalized communities, and to make recommendations for revision based on reports of periodic census and human development indices

The National Inclusion Commission may delegate, as required, some of its powers to the Chairperson of the Commission, member, or an officer of the Government of Nepal, to be exercised in compliance with the conditions specified.
Other functions, duties and powers of the National Inclusion Commission shall be as specified by federal law

(260) Offices may be established in province: The National Inclusion Commission may establish its offices in provinces as may be necessary.