(1) There shall be a National Dalit Commission of
Nepal, consisting of a Chairperson and four other members.
(2) The President shall, on the recommendation of the Constitutional
Council, appoint the Chairperson and members of the National DalitCommission.
(3) The term of office of the Chairperson and members of the National
Dalit Commission shall be six years from the date of appointment.
(4) Notwithstanding anything contained in clause (3), the office of the
Chairperson or member of the National Dalit Commission shall be vacant in any
of the following circumstances:
(a) if he or she tenders resignation in writing to the President,
(b) if he or she attains the age of sixty-five years,
(c) if a motion of impeachment is passed against him or her under
Article 101,
(d) if he or she is removed from office by the President on
recommendation of the Constitutional Council on grounds of
his or her inability to hold office and discharge the functions
due to physical or mental illness,
(e) if he or she dies.
(5) The Chairperson and members appointed under clause (2) shall not
be eligible for reappointment.Provided that a member may be appointed to the office of Chairperson, and
when a member is so appointed as the Chairperson, his or her term of office shall
be so computed as to include his or her term as the member.
(6) A person shall be eligible to be appointed as the Chairperson or a
member of the National Dalit Commission if he or she possesses the following
qualification:
(a) being a person having rendered outstanding contribution to the field
of rights and interests of the Dalit community or human rights and
law, for at least ten years,
(b) in the case of the Chairperson, holding at least a bachelor’s degree
from a recognized university,
(c) having attained the age of forty five years,
(d) not being a member of any political party at the time of appointment,
and
(e) being of high moral character.
(7) The remuneration and conditions of service of the Chairperson and
members of the National Dalit Commission shall be as provided for in the Federal
law, and their remuneration and conditions of service shall not, so long as they
hold office, be altered to their disadvantage. Provided that this provision shall not apply in cases where a state of
emergency is declared because of extreme economic disarrays.
(8) A person once appointed as the Chairperson or a member of the
National Dalit Commission shall not be eligible for appointment in other
government service.Provided that nothing in this clause shall be deemed to be a bar to the
appointment to any political position or to any position which has the
responsibility of making investigations, inquiries or findings on any subject, or to
any position which has the responsibility of submitting advice, opinion or
recommendation after carrying out a study or research on any subject.