Chapter-2 COMMISSION 2.1 Formation of the Commission : Article 3 of the Human Rights Commission Act 1997 provides for the founding and formation of the National Human Rights Commission with a Chairperson and Members as given below. (a) (b) (c) A retired Chief Justice or Justice of the Supreme court - Chairperson From among the individuals who have made a significant contribution in the area of law, human rights, social service or media and journalism, with as far as possible, representation of all these sectors - Member (3 persons) From among the persons retired after serving in a constitutional body or special class post of His Majesty’s Government - Member (1 person) As per the provisions, former Chief Justice Mr. Nayan Bahadur Khatri was appointed as the Chairperson of the Commission on Jetha 13, 2057 B. S. The other members of the Commission appointed on the same date were former member of the Public Service Commission Dr. Gauri Shankar Lal Das, former chairperson of Human Rights Organization of Nepal and human rights activist Prof. Kapil Shrestha, former chairperson of Informal Sector Services Centre and human rights activist Mr Sushil Pyakurel, and former secretary of the Judicial Council Ms. Indira Rana. As per Articles 17 of the Human Rights Commission Act 1997, Mr. Jogendra Keshari Ghimere was appointed as secretary of the Commission on Ashoj 2, 2057 B. S. Brief bio-data of the Chairperson, Members and Secretary is provided in Annex 3. 2.2. Oath of Office Before embarking upon their duties, the Chairperson has to take the oath of office in the presence of His Majesty the King, while the Members have to do so in the presence of the chairperson. The Chairperson of the Commission, Mr. Nayan Bahadur Khatri, was administered the oath of office in the presence of the King in a ceremony at the Royal Palace by Chief Justice Keshav Prasad Upadhyay on Jetha 17, 2057 B. S. Later, on Jetha 23, 2057, B. S. the Chairperson administered the oath of office at the Commission’s office to Members Dr. Gauri Shankar Lal Das, Prof. Kapil Shrestha, Mr. Sushil Pyakurel and Ms. Indira Rana. The Chairperson administered the oath of office and secrecy to Secretary Mr. Jogendra Keshari Ghimire at the Commission’s office on Ashoj 3, 2057 B. S. 2.3. Structure of the Commission 2.3.1. Organization chart : The task force formed by His Majesty’s Government had proposed an organizational structure of 78 personnel. The Commission itself had proposed a similar structure of a total of 76 personnel and forwarded to the government for approval of the budget required for the purpose. However, the actual amount of only Rs. 5,000,000 allocated by the government for the year 2001/2002 created severe difficulties in carrying out the activities of the Commission. Consequently, the Commission proposed a personnel structure of 46 persons, the minimum it requires as of the present to carry out its activities. The personnel structure is as follows: