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Chapter -4 

Chapter -4 Miscellaneous
18. Commission may Coordinate or Collaborate with Other Agencies : The Commission may, in the course of performing its  functions consult or seek assistance from or maintain necessary coordination or collaboration with any Commission, committee or any other agency.

19. May Provide or Seek Expert Services:

(1) The Commission may, in relation to any matters related to human rights, provide specialized or expert services pursuant to the request made by any
agency as prescribed.
(2) The Commission may seek the services of any specialized agency or expert in the course of performing its functions as prescribed.
(3) The functions, duties and powers of the agency or the expert providing specialized or expert services pursuant to Sub- section (2) and the facilities to be received by such agency or expert shall be as determined by the Commission.

20. Contact and Relation may be Maintained with Organizations :

(1) The Commission may to discharge its responsibilities effectively in accordance with the Constitution, this Act and other prevailing laws, maintain necessary contact and relation with the national and international organizations related with protection and promotion of human rights and enter into
agreements with them in order to exchange cooperation.

(2) If financial matters constitute part of such agreement struck pursuant to Sub-section (1), the Commission shall have to seek approval from the Finance Ministry with regards to such agreement.
(3) If any foreign organization wants to conduct programmes on the protection and promotion of human rights in Nepal, such an
organization shall have to seek consent of the Commission.

21. To Help in the Functioning of the Commission :

(1) Concerned  agency or official shall have to provide assistance sought by the Commission.
(2) The Commission shall have to write to initiate departmental action to the agency concerned against the official who, intentionally has not provided information, papers or evidence sought by the Commission or who, intentionally, has not followed the recommendations, orders or decisions of the Commission or who,
intentionally has not cooperate in its work or those who has intentionally refused to be present before the Commission on being summoned.

22. May send to Court or Other Agencies : In case, the Commission satisfies that victim shall get justice when a court or any other agency decides on the matter on which it had launched an inquiry and investigation or if it satisfies that the matter falls under the jurisdiction of a court or other agency, it may inform the party
concerned to go to such court or agency to file petitions/lodge complaints on the matter pursuant to prevailing laws.

23. No Obstruction in the Commission’s Functioning : It shall cause no obstruction in the functioning of the Commission merely on the
ground that the post of any member is vacant.

24. May Function as an Acting : The senior-most member from among the members of the Commission shall function as Acting
Chairperson if the post of the Chairperson is vacant or he or she is in foreign visits or on leave for more than Seven days.

25. Remuneration and Facilities :

(1) The remunerations, conditions of services and other benefits of the Chairperson and Members shall be equal to those of the Chairperson and the Members of constitutional bodies pursuant to the prevalent law. Provided that, this Clause shall not debar the office bearers to   withdraw the remuneration and benefits which they are enjoying at the time of commencement of this Act.

26. Office of the Commission :

(1) The central office of the Commission shall be located in Kathmandu valley.
(2) The Commission may establish its regional, sub-regional or liaison offices as it requires in consultation with the Ministry of
Finance.

27. Organizational Structure of the Commission: The Government of Nepal shall, on the recommendation of the Commission, approve the
organizational structure of the Commission and posts.

28. Secretary of the Commission:

(1) There shall be a Secretary as an administrative head of the Commission.
(2) The Government of Nepal shall, on the recommendation of the Commission, appoint the Secretary.
(3) The eligibility, remuneration, facilities and service conditions of the Secretary shall be equal to that of the employee of
Gazetted Special Class of the Government of Nepal.
(4) The Secretary shall carry out his/her function under the general direction of the Chairperson.
(5) Other functions, duties and powers of the Secretary, in addition to the functions, duties and powers prescribed in this Act and
other prevailing laws, shall be as follows:
(a) To undertake administrative and management work,
(b) To prepare annual budgets, programmes and plans and submit them to the Commission,
(c) To take care of and maintain movable and immovable properties of the Commission,
(d) To make necessary arrangements for smooth  operation of the Commission’s work and proceedings,
(e) To implement or cause to implement effectively the policies, programmes and decisions of the
Commission,
(f) To undertake other works as prescribed.
(6) If the post of the Secretary falls vacant, the Commission may designate the senior-most officer as Acting Secretary from
among the officer-level employees working in the Commission until  further arrangement is made.

29. Logo of the Commission : The Commission may bring into use a separate logo apart from the Coat-of-Arms of the State.

30. Delegation of Power : The Commission may delegate some of  the powers vested with it in accordance with the Constitution and
this Act to the Chairperson, Member or any officer-level employee of the Commission, any officer-level employee of the  Government of Nepal or a committee or taskforce formed by the Commission or any agency, organization or individual.

31. Liaison with the Government of Nepal : Office of the Prime Minister and the Council of Ministers, shall liaison the commission
with Government of Nepal. Provided that, this Section shall not be construed to have obstructed the Commission in maintaining direct contact with any
other agency in course of performing of its functions.

32. Power to Frame Rules, Procedures and Directives :

(1) The Commission may framing necessary Rules to fulfill the objectives of this Act. Among such Rules, while framing the Rules involving
moneys to be charged on the Government of Nepal, it shall have to seek approval from Ministry of Finance.
(2) The Commission may formulate and implement necessary procedures or directives to carry out its functions in a well-organized way.

33. Protection of action taken in Good Faith : Regarding any act done or intended to be done in good faith by the Commission or the
Chairperson or a Member or employee or any individual assigned by the Commission pursuant to this Act or Rules there under, no suit or
legal proceedings shall be initiated.

34. To be in Accordance with the Prevailing Laws : In the matters contained in this Act, this Act shall prevail and in other matters,
action shall be taken in accordance with prevailing laws.

35. Repeal and Savings :

(1) Human Rights Commission Act, 2053 is, hereby, repealed.
(2) Functions and proceedings undertaken in accordance with Human Rights Commission Act, 2053 shall be considered as undertaken in accordance with this Act.

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