PART 21 - Commission for the Investigation of Abuse of Authority
By Nepalko
on April 09, 2017
- (238) Commission for the Investigation of Abuse of Authority:
- There shall be a Commission for the Investigation of Abuse of Authority in Nepal, consisting of a Chief Commissioner and four other Commissioners. The Chief Commissioner shall act as the Chairperson of the Commission for the Investigation of Abuse of Authority.
- The President shall, on the recommendation of the Constitutional Council, appoint the Chief Commissioner and other Commissioners.
- The term of office of the Chief Commissioner and other Commissioners shall be six years from the date of appointment.
- Notwithstanding anything contained in Clause (3), the office of the Chief Commissioner or a Commissioner shall be deemed vacant under the following circumstances:
- if she/he submits a written resignation to the President,
- if she/he attains the age of sixty-five,
- if a resolution of impeachment is passed against her/him as per Article 101, or
- if she/he dies.
- Chief Commissioner or Commissioners appointed as per Clause (2) shall not be re-appointed
Provided that, nothing in this Clause shall be deemed to be a bar to the appointment of a Commissioner of the Commission for the Investigation of Abuse of Authority as its Chief Commissioner, and when a Commissioner is so appointed as the Chief Commissioner, her/his term of office shall be computed as to include her/his tenure as Commissioner as well.
- Any person who possesses the following qualifications is eligible to be appointed as the Chief Commissioner or a Commissioner of the Commission for the Investigation of Abuse of Authority:
- holds a bachelor's degree from a recognized university,
- is not a member of any political party immediately before the appointment,
- has at least twenty years of experience in the field of accounting, revenue, engineering, law, development or research and is a distinguished person,
- has attained forty-five years of age, and
- possesses a high moral character.
- The remuneration and other conditions of service of the Chief Commissioner and the Commissioners shall be as determined by law. The remuneration and other conditions of service of the Chief Commissioner and the Commissioners shall not, so long as they hold office, be altered to their disadvantage.
Provided that this provision shall not apply in the event of a declaration of a State of Emergency due to extreme financial disarray.
- A person who has been the Chief Commissioner or Commissioner shall not be eligible for appointment in any other government service.
Provided that nothing in this Clause shall be deemed to be a bar to the appointment to any position of a political nature, or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinions or recommendations after carrying out a study or research on any subject.
- (239) Functions, duties and powers of the Commission for the Investigation of Abuse of Authority:
- The Commission for Investigation of Abuse of Authority may, in accordance with the law, conduct or cause to be conducted investigations of corruption by a person holding any public office.
Provided that this Clause shall not be applicable to any official in relation to whom this Constitution itself separately provides for such action, and to any officials with regard to whom other law has separately made special provision.
- Any investigation may be conducted or caused to be conducted, against any official of a Constitutional Body removed from their office following an impeachment resolution on the ground of misbehavior as per Article 101, any Judge removed by the Judicial Council, or any person proceeded against under the Army Act after they are removed from office, in accordance with law.
- If the Commission for the Investigation of Abuse of Authority finds, upon investigation carried out pursuant to Clause (1) and (2), that a person holding any public office has committed an act which is defined by law as corrupt, it may lodge or caused to be lodged a case against such person or any other person involved therein in a court with jurisdiction, in accordance with the law.
- If the Commission for the Investigation of Abuse of Authority finds, upon investigation carried out pursuant to Clause (1) and (2), that the nature of the work to be carried out by the person holding any public office falls under the jurisdiction of another authority or body, it may forward a recommendation to authority or body concerned in writing for necessary action.
- The Commission for the Investigation of Abuse of Authority may delegate any of its functions, duties and powers relating to the investigation or lodging of cases, to the Chief Commissioner, Commissioner or any officer-level employee of the Government of Nepal to be exercised and followed in compliance with the conditions specified.
- Subject to this Constitution, other function, duties, powers and procedures of the Commission for the Investigation of Abuse of Authority shall be as determined by federal law.