दफा ११
Powers, Functions And Duties Of The Commission
(1) The Power, Function and Duties of the Commission shall be as follows:-
(a) To formulate national policy and program concerning with the right and interest of woman and present it before the government of Nepal
for execution.
(b) To suggest the government of Nepal for compliance or execution by monitoring whether or not the existing law relating to right and
interest of woman is complied with or whether or not the obligation under the international convention to which Nepal has been a party is
executed in case of non-compliance or non-execution.
(c) To review, monitor and evaluate the policy and program enforced to merge woman in the main stream of national development and
recommend the government of Nepal for its effective implementation.
(d) To increase or cause to increase awareness of the people against the discrimination and bad customs against the woman.
(e) To analyze or cause to analyze the policy and program concerning with the different ministries whether or not it is effective in the
perspective of gender justice.
(f) To make recommendation and monitor thereof for the reforms by making research and study of gender equality, woman empowerment
and existing laws relating to woman.
(g) To visit, inspect and view the offices, bodies under the government of Nepal or the governmental or nongovernmental or private organization established under the existing law and make recommendation to the government of Nepal or the related bodies on the matters such as functions and physical facilities of such offices or bodies relating to the protection of rights of woman.
(h) To monitor whether or not the government or Nepal has sent the reports to be sent by Nepal pursuant to the provisions of international
conventions and treaties to which Nepal has been a party.
(i) To make essential arrangements to render essential legal aid to the woman who is helpless, victimized or deprived from woman’s rights.
(j) To launch public hearing as per necessity over the matters relating to the rights, interest and concerns of woman.
(k) To formulate and approve annual program and budget of the commission.
(2) The commission may make essential investigation upon receipt of application from any person or any other sources over the following matters:-
(a) Deprivation or stoppage of use of rights of woman.
(b) Victimization of any woman due to any kind of violence or bad customs.
(3) The commission shall have following power in the course of initiating investigation pursuant to Sub-section (2) :
(a) To avail information or statement by calling a person before the commission.
(b) To make testimony of or collect statement of witness.
(c) To order any person for the Submission of any deed or document or evidence.
(d) To collect any deed or its copy from any governmental or public offices or request with the court for a copy.
(e) To inspect the site or cause to do so as and when necessary.
(f) To conduct public hearing program.
(g) To pursue the essential preventive means for nonoccurrence of any incident on the basis of prior information.
(h) To initiate for the legal action against the alleged person and monitor whether or not the action is taken.
(4) The commission may prescribe for reasonable time-limit for the presence of any person or Submission of any deed or collection of any evidence
while making investigation pursuant to Sub-section (3).
(5) In case of identification through the investigation initiated pursuant to Sub-section (3) of any person to have committed any act pursuant Sub-section
(2), the commission may to cause compromise according to need or issue directives to the concerned bodies to provide appropriate remedies, relief or
compensation or reinstate in that regard or recommend for initiating other action to the concerned office, body or organization and monitor whether it has been
accomplished or not.
(6) The concerned office, body or organization shall take or cause to take necessary actions in case of correspondence from the commission pursuant to
Sub-section (4).
(7) The concerned body, office, organization or person shall promptly send documents or evidence demanded by the commission in the course of
investigation pursuant to Sub-sections (2) and (3).
(8) It shall be the duty of the concerned body or organization to execute or comply with the recommendation made by the commission.
(9) Notwithstanding anything contained anywhere in this Section the commission shall not make interference over the Sub-judice matter.
(a) To formulate national policy and program concerning with the right and interest of woman and present it before the government of Nepal
for execution.
(b) To suggest the government of Nepal for compliance or execution by monitoring whether or not the existing law relating to right and
interest of woman is complied with or whether or not the obligation under the international convention to which Nepal has been a party is
executed in case of non-compliance or non-execution.
(c) To review, monitor and evaluate the policy and program enforced to merge woman in the main stream of national development and
recommend the government of Nepal for its effective implementation.
(d) To increase or cause to increase awareness of the people against the discrimination and bad customs against the woman.
(e) To analyze or cause to analyze the policy and program concerning with the different ministries whether or not it is effective in the
perspective of gender justice.
(f) To make recommendation and monitor thereof for the reforms by making research and study of gender equality, woman empowerment
and existing laws relating to woman.
(g) To visit, inspect and view the offices, bodies under the government of Nepal or the governmental or nongovernmental or private organization established under the existing law and make recommendation to the government of Nepal or the related bodies on the matters such as functions and physical facilities of such offices or bodies relating to the protection of rights of woman.
(h) To monitor whether or not the government or Nepal has sent the reports to be sent by Nepal pursuant to the provisions of international
conventions and treaties to which Nepal has been a party.
(i) To make essential arrangements to render essential legal aid to the woman who is helpless, victimized or deprived from woman’s rights.
(j) To launch public hearing as per necessity over the matters relating to the rights, interest and concerns of woman.
(k) To formulate and approve annual program and budget of the commission.
(2) The commission may make essential investigation upon receipt of application from any person or any other sources over the following matters:-
(a) Deprivation or stoppage of use of rights of woman.
(b) Victimization of any woman due to any kind of violence or bad customs.
(3) The commission shall have following power in the course of initiating investigation pursuant to Sub-section (2) :
(a) To avail information or statement by calling a person before the commission.
(b) To make testimony of or collect statement of witness.
(c) To order any person for the Submission of any deed or document or evidence.
(d) To collect any deed or its copy from any governmental or public offices or request with the court for a copy.
(e) To inspect the site or cause to do so as and when necessary.
(f) To conduct public hearing program.
(g) To pursue the essential preventive means for nonoccurrence of any incident on the basis of prior information.
(h) To initiate for the legal action against the alleged person and monitor whether or not the action is taken.
(4) The commission may prescribe for reasonable time-limit for the presence of any person or Submission of any deed or collection of any evidence
while making investigation pursuant to Sub-section (3).
(5) In case of identification through the investigation initiated pursuant to Sub-section (3) of any person to have committed any act pursuant Sub-section
(2), the commission may to cause compromise according to need or issue directives to the concerned bodies to provide appropriate remedies, relief or
compensation or reinstate in that regard or recommend for initiating other action to the concerned office, body or organization and monitor whether it has been
accomplished or not.
(6) The concerned office, body or organization shall take or cause to take necessary actions in case of correspondence from the commission pursuant to
Sub-section (4).
(7) The concerned body, office, organization or person shall promptly send documents or evidence demanded by the commission in the course of
investigation pursuant to Sub-sections (2) and (3).
(8) It shall be the duty of the concerned body or organization to execute or comply with the recommendation made by the commission.
(9) Notwithstanding anything contained anywhere in this Section the commission shall not make interference over the Sub-judice matter.