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Human Rights Commission Act,
1997
[ 1st of February ]

Date of Royal seal and publication 8 January, 1997

Preamble:-Whereas, it is expedient to establish an independent and autonomous National Human

Rights Commission for the effective enforcement as well as protection and promotion of Human Rights
conferred by the Constitution and other prevailing laws;

Be it enacted by Parliament in the twenty-fifth year of the reign of His Majesty the King Birendra Bir
Bikram Shah Dev.

Chapter-1

Preliminary

Short Title and Commencement:- (1) This Act may be called "The Human Right Act, 1997.

(2) This Act shall come into force at once.

Definition:- In this Act, unless the subject or context otherwise requires:

(a) "Commission" means the National Human Rights Commission constituted under Section 3.

(b) "Constitution" means the Constitution of the Kingdom of Nepal 1990.

(c) "Chairperson" means the Chairperson of the Commission and this terms also includes the Member
of the Commission who acts as an Acting Chairperson pursuant to Section 20.

(d) "Member" means the Member of the Commission and this term also includes the Chairperson.

(e) "Secretary" means the Secretary of the Commission.

(f ) "Human Right" means the rights relating to life, liberty, equality and dignity of the individual
guaranteed by the Constitution and other prevailing laws and such other rights as are embodied in the
international treaties relating to human rights to which Nepal is apart.

(g) "Prescribed" or "As prescribed" means Prescribed or as prescribed in the Rules framed under this
Act.

Chapter-2

Provisions relating to the constitution of the Commission and terms of service of Members

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 Justice or Judges of the Supreme Court – Chairperson

(b) Three persons from amongst persons who have rendered an out standing 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 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 qualification:-

(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 hold 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 or otherwise deal with movable,
immovable property.

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

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 Recommending Committee consisting of the following office holder:

(a)The Prime minister – Chairperson.

(b) The Chief Justice – Member

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

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 meeting of the Committee mention in sub-section (2).

5 Terms of office of Member :- The terms of office of the Members shall be five years from the date of
appointment . They shall be eligible for reappointment.

6. 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 misbehaviour, 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 Representative.

7.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 Judge of the Supreme Court are entitled.

8. Meetings of the Commission:- (1) The meeting 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 Member 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 Decision of the Commission shall be made 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.

Chapter-3

Provisions relating to the Functions and procedures of the Commission

9. Functions and Duties of the Commission:- (1) It shall be the primary responsibility of the
Commission to protect and promote human rights,

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

(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 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 thereof 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 courts 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 provision on safeguards provided by the Constitution and other prevailing law for the
enforcement of human rights and submit necessary 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) Undertaken or cause to be undertaken research in the field of human rights,

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

(j) Encourage the functioning and efforts of institutions working in the non-government 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,

(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 right,
His Majesty's Government shall furnish reports upon receiving the opinion of the Commission thereon.

Matter not Subject to the Jurisdiction of the Commission:- The Commission shall have no power not
power to inquire into or institute any other proceeding on any of the following matters pursuant to this
Act:-

(a) Any matter within the Jurisdiction of the Military Act Provided that nothing will bar the Commission
from carrying out the function mentioned in the 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 that it may have adverse
effect on the treaty concluded between His Majesty's Government and any foreign government or
international or inter-government organization, 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.

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) Requesting 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 caused to be search such person or place and
seized or caused to be seized any such material or take or caused to be taken extracts or copies or
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 sub-committees 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.

12. Complaints and Proceeding Relating to Violation of Human Right :- The procedures for filing
complaints about violations of human rights and other proceedings relating thereto shall be as
prescribed.

13. 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 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-section (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 thereof, 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.

14. 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

15. 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.

Chapter-4

Miscellaneous

16. Office of the Commission:- The central office of the Commission shall be located in the Kathmandu
Valley. The Commission may When necessary set up branch office in different areas in the Kingdom of
Nepal.

17. Secretary:- (1) There shall be appointed a Secretary in the Commission.

(2) The Secretary shall be appointed by His Majesty on the recommendation of the commission. The
terms of office, service, conditions and other facilities of the Secretary shall be equivalent to that of the
Secretary of His Majesty's Government.

18. Employees of the Commission:- (1) The Commission may appoint employees as may be required to
carry out its functions and the service, terms and facilities of the employees so appointed shall be as
prescribed.

(2) Notwithstanding any contained in sub-section (1) the Commission may request His Majesty's
Government to provide employees required by it. It shall be the duty of His Majesty's Government to
so provide.

(3) In case the Commission requests any government office for assistance in the performance of its
function, the office so requested must provide the performance assistance.

19. Delegation of Powers:- The Commission may delegate any of the powers conferred on it under this
Act to the Chairperson or any Member or employee of the Commission or to an officer of His Majesty's
Government or to the committee or sub-committee that may be constituted under this Act or to any
person.

Acting Chairperson:- In the event of vacancy of the Chairperson, His Majesty may authorize the senior
Member of the Commission to act as Acting Chairperson until a new Chairperson is appointed.

Oath:- Before assuming office, the Chairperson shall take an oath before His Majesty the King, similarly
the Members will take the Oath before the Chairperson in the manner as specified in the Schedule of
this Act.
Communication With His Majesty's Government:- All communications of the Commission to His
Majesty's Government shall be channeled through the Secretariat of the Council of Ministries.

Framing of Rules:- The Commission may, in order to carry out the objectives of this Act, frame
necessary rules. While doing so the Commission may consult His Majesty's Government.

provided that in making rules relating to remuneration and facilities, His Majesty'sGovernment shall be
required to be consulted.

Saving: No suit or legal proceeding shall be instituted against the Commission or the Chairperson or a
Member or An employee or any person designated by the Commission in respect of any act done or
intended to be done in good faith pursuant to this Act or rules framed under this Act.

Schedule

(Relating to Section 21)

Oath

I,…………………………………………………………… Swear in the name of god/solemnly affirm that I will bear

loyalty to the Constitution of the Kingdom of Nepal, 1990 and faithfully discharge the responsibility and
duty of the office of Chairperson/ Member assumed by me , without fear, favour, partiality, ill-will or
greed and that I will not communicate or divulge any matter which becomes known to me in the course
of discharge of my duties in any circumstance whether I shall be holding office or not, except in
pursuance of the prevailing law.

Date: Signature

(This act is collected by advocate Rajeev bastola )