Article 258 Part 27 •Part 27 – Other Commissions

Article 258 – National Inclusion Commission

(1)

There shall be a National Inclusion Commission in Nepal consisting of Chairperson and as many as four other members.

(2)

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

(3)

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

(4)

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:-

(a)
if he/she submits written resignation to the President,
(b)
If he/she is past 65 years of age,
(c)
in the case impeachment proposal filed against him/her is passed as per Article 101,
(d)
If she/he is removed by the President on the recommendation of Constitutional Council for being unable to discharge the duties of her/his office due to physical or mental illness, or
(e)
if he/she dies.

(5)

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.

(6)

Persons who meet following qualification requirement shall be eligible for appointment in the post of Chairperson and member of National Inclusion Commission:-

(a)
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
(b)
in case of Chairperson, a person who has attained at least Bachelor’s Degree from recognized university,
(c)
who has attained the age of forty five years,
(d)
who has not been a member of any political party immediately before the appointment,
(e)
who possesses high moral character.

(7)

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 breakdown has led to state of emergency, this provision shall not be applicable.

(8)

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.

Article 258 – National Inclusion Commission

Related Provisions & Cross-References

Article 101 – Impeachment

Article 238 – Commission for the Investigation of Abuse of Authority

Article 239 – Functions, duties and powers of the Commission for the Investigation of Abuse of Authority

Article 240 – Auditor General