1.       Functions and Duties of the Commission:

(1)      It shall be the primary responsibility of the Commission to protect and promote the human rights,

(2)      In order to perform the responsibility mentioned in sub-section (1), the Commission may carry out the following functions:

(a)      Conduct inquiries and investigations on the following matters, upon a petition or complaint presented to the Commission by the victim himself / herself or any person on his / her behalf or upon information received from any source, or on its own initiative:

(1)      Violation of human rights and abetment thereof,

(2)      Carelessness or negligence in the prevention of violations of the human rights by any person, organization or authority concerned.

(b)      Inquiries in or investigations on the matters mentioned in clause (a) conducted by the Commission itself or caused to be conducted through any person or an authority or employee of HMG in accordance with the directions of the Commission and submit the report to the Commission,

(c)      Order a petition or a complaint to be filed by giving reasons therefore if the Commission finds such a petition, complaint or information has no basis or is of such a nature that it cannot be enforced by the courts of Nepal,

(d)      Inquire into a  matter with the permission of the court in respect of any claim on violations of human rights which is sub judice in the court,

(e)      Visit, inspect and observe any authority, jail or any organization under His Majesty’s Government and to submit necessary recommendations to His Majesty’s Government on the reform to be made on the functions, procedures and physical facilities which may be necessary for such an organization for the protection of human rights,

(f)       Review the provisions on safeguards provided by the Constitution and other prevailing law for the enforcement of human rights and submit necessary recommendations for the effective implementation of such provisions,

(g)      Study international treaties and instruments on human rights and submit the necessary and appropriate recommendations to His Majesty’s Government for effective implementation of the related provisions,

(h)      Undertake or cause to be undertaken research in the field of human rights,

(i)        Publicize and propagate human rights education among the various sections of society through various seminars, symposia, conferences and also build consciousness and awareness about the guarantees bestowed by law for the protection of human rights,

(j)        To encourage the functioning and efforts of institutions working in the non-governmental sector,

(k)      Evaluate the existing human rights situation of the country,

(l)        Make necessary recommendations to His Majesty’s government regarding reports to be furnished by Nepal pursuant to the provisions of international treaties on human rights and

(m)     Carry out such activities, as it may deem necessary and appropriate for the enforcement, promotion and protection of human rights.

(3)      On the matter of Nepal’s obligation to furnish reports under international treaties on human rights, His Majesty’s Government shall furnish reports upon receiving the opinion of the Commission thereon.

2.       Matters Not Subject to the Jurisdiction of the Commission:

The Commission shall have no power to inquire into or institute any other proceeding on any of the following matters pursuant to the Act:

(a)      Any matter within the jurisdiction of the Military Act,

Provided that nothing will bar the Commission from carrying out the functions mentioned in this Act on a matter in respect of which the court may exercise its jurisdiction pursuant to the Constitution and the prevailing law.

(b)      Any matter certified by the Chief Secretary of His Majesty’s Government and any foreign government or international or inter-governmental, or on the security of the Kingdom of Nepal.

(c)      Any matter certified by the Attorney General that it may have adverse effect on the conduct of an inquiry and investigation being carried out in accordance with the law for the purpose of identifying the crime or the criminal.

3.       Powers of the Commission relating to Inquiries:

(1)      The Commission shall, while inquiring into the petition or complaints or reports within its jurisdiction, have the same powers as a court may have under the prevailing laws of Nepal in respect of the following matters:

(a)      Requiring any person to appear before the Commission for recording his/her statement and information within his knowledge,

(b)      Summoning witnesses and examining them,

(c)      Ordering the production of any document,

(d)      Requisiting any document or copy thereof from any governmental or public office or the court,

(e)      Examining evidence,

(f)       Carrying one or causing to be done an on-the-spot inspection, ordering the production of any physical evidence.

(2)      The Commission may prescribe such limitation of time, as it may think fit for attendance of any person, production of any document or evidence pursuant to sub-section (1).

(3)      In case, the Commission has the reasonable grounds to believe that any thing or document relating to the subject matter of its inquiry or investigation is in possession of any person or is in any place, it may, in pursuant to the existing law of Nepal, search or cause to be searched such person or place and seize or cause to be seized any such material or take or cause to be taken extracts or copies of duplicates of such document.

(4)      The Commission may, if it thinks necessary, conduct a public hearing during its inquiry about any incident.

(5)      The Commission may send along with special stricture to His Majesty’s Government or authorized body or authority to take action against a person who does not send the documents or necessary evidences required by the Commission in connection with an inquiry or who does not cooperate in carrying out the Commission’s functions or a person who does not appear before the Commission on being summoned.

(6)      The Commission may, as required constitute committees or subcommittees to carry out its functions required to be performed by it under this Act, and the functions, duties and powers of such committees or sub-committees and allowances and facilities to be received by the members of such committees or sub-committees shall be as prescribed by the Commission.

(7)      The Commission may, as required, avail itself of the services of experts or specialized agencies on a concerned subject.  The service, condition and facilities of the experts rendering such a service shall be as prescribed by the Commission.

4.       Complaints and Proceedings Relating to Violation of Human Rights:

The procedures for filing complaints about violations of human rights and other proceedings relating thereto shall be as prescribed.

5.       Process for Implementation of Decisions of the Commission:

(1)      If, during proceedings by the Commission on the complaints and petitions filed within its jurisdiction pursuant to Section 11, the accused is found guilty, it shall write to the organization or authority concerned to take necessary action against the guilty person 

(2)      While writing pursuant to sub-section (1), if the Commission thinks it necessary to provide the victims with necessary compensation it shall also mention the nature of compensation in its recommendation.

(3)      The basis and procedures to be followed for allowing compensation pursuant to sub-section (2) shall be as prescribed.

(4)      Upon receiving written recommendation for action pursuant to sub-sections (1) and (2), the concerned body or authority shall take action as required by the Commission, or if such action cannot be taken, having set out the reasons therefore, the concerned body or authority shall send its report of the action taken within three months from the date of receipt of the intimation from the Commission.

6.       To Submit Reports:

(1)      Each year the Commission shall prepare its annual report on its activities and submit it to His Majesty the King and His Majesty the King shall cause such report to be laid before the Parliament.

(2)      Each year the Commission shall publish details of the activities carried out by it for the purpose of public information, provided that if the Commission deems it necessary, it may publish these details at any time.

7.       Financial Management

(1)     The Commission may obtain such means and resources from different agencies by way of grants as are required for the performance of its functions.

(2)     The Commission may receive financial assistance with a view to enable itself to carry out the functions mentioned in Section 9.

(3)     The amount of financial assistance received pursuant to sub-section (2) shall be expended in accordance with the terms agreed upon between the donor agency and the Commission.

(4)     The Commission shall maintain accounts of its income and expenditure and other relevant records in accordance with the prevailing law.

(5)     The accounts of the Commission shall be audited by the Auditor General.

(6)     Other matters concerning the financial management of the Commission shall be as prescribed.