Muslim Commission Act, 2074 (2017)
Date of Authentication and Publication: October 15, 2017 (2074.06.29)
Amending Acts: The Act Amending Some Nepal Acts 2019 (2075) March 3, 2019 (2075.11.19)
Act No. 31 of the year 2017 (2074) An Act Made to make arrangements relating to Muslim Commission
Preamble: Whereas, it is expedient to make necessary arrangements relating to Muslim Commission for the identification of the history and culture of the Muslim Community, protection and promotion of the rights and interests of the Muslim Community and the empowerment of the Muslim community, Now, therefore, be it enacted by the Federal Parliament pursuant to Article 296 sub-article (1) of the Constitution of Nepal.
Chapter-1 Preliminary
Short title and Commencement: (1) This Act may be called " Muslim Commission Act, 2017 (2074)." (2) This act shall come into force immediately.
Definitions: Unless the subject or the context otherwise requires, in this Act, -
(a) "Chairperson" means the Chairperson of the Commission and the word also includes the member working as the Acting Chairperson. (b) "Commission" means the National Muslim Commission established under Article 264 of the Constitution. (c) "Prescribed" or "As prescribed" means laws prescribed or as prescribed under the Rules framed under this Act. (d) "Muslim" means the community as defined by the Government of Nepal on the basis of the recommendation made by the Muslim Commission. (e) "Member" means the member of the Commission and the word also includes the Chairperson. (f) "Constitution" means the Constitution of Nepal.
Chapter-2 Qualifications of the Chairperson and Members and Vacancy of Post
(a) person from the Muslim community, having contributed for at least ten years for the protection, promotion of the rights and interests of the Muslim community, having contributed in the social sector
and the empowerment or development of the community or having made significant contribution in the field of human rights,
(b) holding a bachelor's degree in the relevant subject from a recognized university,
(c) not being a member of any political party at the time of appointment,
(d) having attained the age of forty-five years,
(e) being of high moral character.
(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 the tenure of the post ends pursuant to sub-article (3) of Article 263 of the Constitution,
(d) if a motion of impeachment is passed against him or her under Article 101 of the Constitution,
(e) if he or she is removed from post 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,
(f) if he or she dies.
Reappointment shall not be done: The Chairperson and Members appointed shall not reappointed.
Not to be appointed in other government services: A person appointed as the Chairperson or a member of the Commission shall not be eligible for appointment in other government services.
Chapter-3 Power, Functions and Duties of the Commission
Power, Functions and Duties of the Commission: The power, function and duties of the Commission shall be as follows: -
(b) to formulate national policy and programs for the promotion and protection of the rights and interests of the Muslim community and the empowerment of such community and to make recommendation to the Government of Nepal for their implementation, (c) to conduct study and research on whether the provisions and arrangements made for the promotion and protection of the rights and interests of the Muslim community and their empowerment have been effectively implemented, and to make suggestions to the Government of Nepal for the measures to be taken for their effective implementation, (d) to make suggestions to the Government of Nepal regarding the reforms in terms of legal, policy and institutional measures, required for the promotion and protection of the rights and interests of the Muslim community and the empowerment of such community, (e) to review, monitor and evaluate the implementation of the policy and programs related to the Muslim community, (f) to monitor or cause to monitor the implementation of the recommendations made or suggestions given by the Commission, (g) to formulate special programs for the development and empowerment of economically or socially
indigent people within the Muslim community and to make recommendations to the Government of Nepal for their implementation,
(h) to conduct study and research into the language, script, culture, history, tradition, literature, art within the Muslim community, and to formulate program for the protection and development of such language, script, culture, history, tradition, literature, art and to make recommendations to the Government of Nepal for its implementation,
(i) to conduct awareness generating programs for the protection and promotion of the rights and interests of the Muslim community and the empowerment of such community,
(j) to formulate programs to end all forms of exploitation and for the empowerment of the Muslim community and to make recommendations to the Government of Nepal,
(k) to monitor the implementation of the international treaties, agreements relating to the Muslim community that Nepal is a party to, and *to make recommendations or suggestions to the Government of Nepal for their implementation,
(l) to collect complaints against the persons or organizations that violate the rights of the Muslim
community and to make recommendation to concerned agency to conduct investigation and prosecution over such complaints, (m) to identify the Muslim community by means of detailed study and research, and to make recommendations to the Government of Nepal to make lists of Surnames, (n) to formulate policy and programs to establish and mobilize living museum for the protection and promotion of the physical, non-physical culture of the Muslim community and to make recommendations to the Government of Nepal for their implementation, (o) to review, monitor and evaluate awareness generating programs conducted by the Government of Nepal and other organizations and institutions for the protection, promotion and empowerment of the Muslim community, (p) to conduct study and research on the backwardness of the Muslim community and existing bad conditions in terms of educational, political, social and economic situation and to make suggestions to the Government of Nepal for the development of the community, (q) to formulate and implement the code of conduct for the Chairperson, Members and employees of the Commission,
(r) to approve the annual plans and program of the Commission.
May obtain opinion and consultations: The Commission, in relation to its functions and duties, may receive opinions and seek consultations from any constitutional organ, government office or public entity.
May obtain service of experts: The Commission may receive services from experts, pursuant to the federal law by stating the reasons thereof, if the human resource employed within the Commission is unable to perform any work that the Commission is required to perform as per the Constitution, this Act and prevailing federal law.
May form committee or working group: (1) The Commission may form a committee or working group to perform specific tasks related to the Commission, by formulating a procedure.
(2) The terms or scope of operation of the committee or working group formed pursuant to sub-section (1), shall be as prescribed by the Commission at the time of its formation.
(3) While forming the committee or working group pursuant to sub-section (1), there shall be representation based on the principle of proportional representation, as enshrined in the Constitution.
Chapter- 4 Operation of the Commission
(2) The Commission may, on the basis of necessity, establish offices in the provincial level.
(2) The meeting of the Commission shall be held on such a date, time and venue as prescribed by the Chairperson, based on necessity.
(3) The Secretary of the Commission shall finalize and notify all members of the date, time and venue of the meeting along with a list of the agenda to be discussed in the meeting, at least 48 hours prior to the meeting.
(4) Any member interested to discuss additional matters, not included within the list of agenda set to be discussed in the meeting pursuant to sub-section (3), shall notify the Secretary of the additional matters and reason for their introduction to the meeting 24 hours prior to the meeting. Upon receipt of such information, the Secretary of the Commission shall notify all members and such matter shall be considered to have been included in the list.
(5) Notwithstanding anything stated in sub-sections (3) and (4), a matter not included within the list may be introduced and decided by the Commission, with the agreement of all members present in the meeting.
(6) The quorum of the meeting shall be deemed to have been fulfilled with the presence of more than 50 percent of the immediate members of the Commission.
(7) The meeting of the Commission shall be chaired by the Chairperson of the Commission.
(8) The decision of the majority shall be the decision of the Commission and in case of a tie, the Chairperson shall give a decisive vote.
(9) The Secretary of the Commission shall create a depository of the decision of the Commission, authenticating it with the signatures of the Chairperson and Members.
*(10) The Secretary of the Commission shall be a gazetted first class officer of the Nepal Civil Service. The senior most official of the Commission shall act as the Secretary of the Commission until the appointment of such official.
(11) Other procedures related to the meeting of the Commission shall be as determined by the Commission
Amended by The Act Amending Some Nepal Acts 2019 (2075)
arising from any issue under consideration in the Commission or if the near relatives of such persons stand to benefit directly or indirectly, such member should give prior information to the Commission regarding such matters and such member shall not take part in the decision making process of the Commission concerning such matters.
Work Division: The division of the work of the Chairperson and Member shall be as fixed by the Commission.
Work to be performed as an acting: The senior most Member of the Commission, shall work as the acting Chairperson, if the position of the Chairperson falls vacant due to any reason, "is unable to perform work pursuant to sub-article (6) of Article 101 of the Constitution, has gone for a foreign visit or is on leave for more than 7 days.
Work, performance of the Commission not to be interrupted: The vacancy of post of any Member shall not interrupt the works of the Commission
.................... Chapter-5 Miscellaneous
(2) The Government of Nepal shall make available the employees necessary for the Commission to perform its work.
(a) to perform the obligations of the post independently, impartially and honestly for the empowerment of the Muslim Community and to protect and promote the rights, interests of the Muslim community,
(b) not to commit any act that would create discord in the relationship between different ethnicities, communities and identities.
(2) The Chairperson and the Members of the Commission shall adhere to the code of conduct as prescribed by this Act or prevailing federal laws.
Cooperation to be extended: It shall be the duty of any agency or official with which the Commission seeks assistance, to cooperate with the Commission in course of the performance of its functions.
Power to send for implementation in writing: If the Commission finds that any agency or official has not made available necessary assistance to the Commission, it may write to the higher agency or official above such agency or official for assistance in the matter.
(2) The report made pursuant to sub-section (1) shall inter-alia, include the following matters, in addition to other details: -
(a) Details of implementation of annual programs of the Commission and expenses incurred, (b) Details of suggestions, recommendations given by the Commission to Nepal Government or any other agency, (c) The status of the implementation of the suggestions, recommendations given in accordance to clause (b), (d) Situation of physical and economic resources of the Commission and their utilization, (e) Details of other activities performed by the Commission in course of fulfilling the responsibilities required to be fulfilled by it, in accordance to this Act.
Liaison with Government of Nepal: The *Ministry of Federal Affairs and General Administration shall liaise the Commission with the Government of Nepal.
Delegation of Power: The Commission may delegate some authority accorded to it by this Act, as per necessity, with set conditions for its use
and adherence, to the Chairperson, Member, Government of Nepal, State Government, official employee of any agency or Local Government.
*25. .....................
Protection of the action taken in Good Faith: No legal proceedings shall be initiated against the Members of the Commission, employees or any person deputed by the Commission for any action performed under this Act or Rules framed under this Act, in good faith.
Power to frame rules: (1) The Commission may frame necessary rules for the implementation of this Act.
(2) The Commission shall have to get the approval of the *Government of Nepal, Ministry of Finance, while making rules pursuant to subsection (1), on matters that impose financial burden or liability on the Government of Nepal.
(3) The rules made pursuant to sub-section (1) shall come into force, from the date of publication in the Nepal Gazette.
Power to frame Directives: The Commission may, subject to this Act or Rules framed under this Act, issue directives to conduct or cause to conduct the smooth operation of its work.
Repeal and Savings: (1) National Muslim Commission, formed in accordance to the notice published in the Nepal Gazzette on Jestha 8, 2069 B.S., is hereby repealed.
(2) The acts and actions performed by the Commission pursuant to sub-section (1), shall be deemed to have been performed under this Act.
(3) The members appointed under the National Muslim Commission, pursuant to sub-section (1), shall be discharged from their post automatically, with the operation of this Act.
* Repealed by the The Act Amending Some Nepal Acts 2019 (2075).*
Provided that a member may be appointed to the post of Chairperson, and when a member is so appointed as the Chairperson, his or her term of post shall be computed so as to include his or her term as the member. However, nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which requires making investigations, inquiries or findings on any subject, or submitting advice, opinion or recommendation after carrying out a study or research on any subject. (a) to conduct study on the overall situation of the Muslim community and to make recommendations in that relation, to the Government of Nepal for policy, legal and institutional reforms,