1.       Establishment and constitution of the Commission:

(1)      The National Human Rights Commission comprising the following Chairperson and Members shall be established and constituted:

(a)      One person from amongst the retired Chief Justices or Judges of the Supreme Court – Chairperson

(b)      Three persons from amongst persons who have rendered an outstanding contribution in the field of law, human rights, social work or communications and journalism, ensuring representation from all the fields to the extent possible – Members

(c)      One person from amongst the retired persons who have served in any office of constitutional bodies or who have served in any office of constitutional bodies or who have served in the capacity of special class officer of His Majesty’s Government – Member

(2)      In addition to the qualification referred to in sub-section (1) a person eligible for appointment as the Chairperson or Member must possess the following qualifications:

(a)      Be a citizen of Nepal;

(b)      Have attained forty years of age;

(c)      Not convicted by a court of any criminal offence involving moral turpitude.

(3)      The person once appointed as Member of the Commission shall not be eligible for appointment to any other government service.

(4)      The Chairperson or Member of the Commission shall not be entitled to carry on professional business as long as he/she holds office in the Commission.

(5)      The Commission shall be a body with perpetual succession.

(6)      The Commission shall have a separate seal of its own.

(7)      The Commission may, like an individual, acquire, use, sell, dispose of or otherwise deal with movable, immovable property.

(8)      The Commission may, like an individual, sue and be sued in its own name.

2.       Appointment of Chairperson and Member:

(1)      His Majesty the King shall, upon the recommendation of the Recommendation Committee constituted pursuant to sub-section (2), appoint the Chairperson and Members of the Commission.

(2)      For the purpose of recommending the appointment of the members of the Commission there shall be a Recommendation Committee consisting of the following office holders:

(a)      The Prime Minister – Chairperson

(b)      The Chief Justice – Member

(c)      The Leader of the Opposition in the House of Representative – Member

(3)      The Committee constituted pursuant to sub-section (2) may regulate its own working procedures.

(4)      It shall be the responsibility of the Chief Secretary of His Majesty’s Government to make necessary arrangements for holding the meetings of the committee mentioned in sub-section (2).

3.       Terms of Office of Members:

        The term of office of the Members shall be five years from the date of appointment.  They shall be eligible for reappointment.

4.       Vacancy of Office:

        The Office of a Member shall be vacant in the following circumstances:

(a)      In case of death,

(b)      In case of resignation accepted by His Majesty the King,

(c)      In case of Completion of the term of office under section 5,

(d)      If the Human Rights Committee of the House of Representatives, by a two-thirds majority of the meeting attended by at least two-third members of its total members, adopts a resolution that any Member of the Commission is not fit to hold office by reasons of incompetence or misbehavior, and the resolution so adopted is approved by the House of Representatives.

Provided that a Member so charged shall be given a reasonable opportunity to defend himself / herself in the Human Rights Committee of the House of Representatives.

5.       Conditions of Service of Members:

        The remuneration, facilities and other conditions of service of the Chairperson and Members of the Commission shall be as prescribed, provided that such remuneration and facilities shall not be less than the remuneration and facilities to which the Judges of the Supreme Court are entitled.

6.       Meetings of the Commission:

(1)      The meetings of the Commission shall be held on such date and in such place as the Chairperson decides.

(2)      The Commission shall normally meet twice a month.

(3)      If three Members are present in a meeting of the Commission, it shall be deemed to constitute the quorum for the meeting.

(4)      The meetings of the Commission shall be chaired by the Chairperson and in the absence of the Chairperson the meeting shall be chaired by the senior most Member.

(5)      The decisions of the Commission shall be chaired by the majority of the Members.  In the event of a tie, the Chairperson shall exercise the casting vote.

(6)      No act or proceeding of the Commission shall be deemed invalid merely on the ground of vacancy of the post of a Member.

(7)      The Commission may itself regulate other procedures relating to its meetings.