Commission for the Investigation of Abuse of Authority

238. Commission for the Investigation of Abuse of Authority: (1) There shall be a

Commission for the Investigation of Abuse of Authority of Nepal, consisting of the

Chief Commissioner and four other Commissioners. The Chief Commissioner

shall act as the Chairperson of the Commission for the Investigation of Abuse of

Authority.

(2) The President shall, on recommendation of the Constitutional

Council, appoint the Chief Commissioner and Commissioners.

(3) The term of office of the Chief Commissioner and Commissioners

shall be six years from the date of appointment.

(4) Notwithstanding anything contained in clause (3), the office of the

Chief Commissioner or a Commissioner shall be vacant in any of the following

circumstances:

(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 a motion of impeachment is passed against him or her under

Article 101,

(d) if he or she is removed from office 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,

(e) if he or she dies.

(5) The Chief Commissioner and Commissioners appointed under

clause (2) shall not be eligible for reappointment.

Provided that a Commissioner may be appointed to the office of Chief

Commissioner, and when a Commissioner is so appointed as the Chief

Commissioner, his or her term of office shall be so computed as to include his or

her term as the Commissioner.

142

(6) A person shall be eligible to be appointed as the Chief

Commissioner or a Commissioner of the Commission for the Investigation of

Abuse of Authority if he or she possesses the following qualification:

(a) holding a bachelor's degree from a recognized university,

(b) not being a member of any political party at the time of

appointment,

(c) having gained at least twenty years of experiences in the field

of either accounting, revenue, engineering, law, development

or research and being a distinguished person,

(d) having attained the age of forty five years, and

(e) being of high moral character.

(7) The remuneration and other conditions of service of the Chief

Commissioner and the Commissioners shall be as provided for inthe Federal law.

The remuneration and 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 cases where a state of

emergency is declared because of extreme economic disarrays.

(8) A person once appointed as the Chief Commissioner or

Commissioner shall not be eligible for appointment in other government service.

Provided that nothing in this clause shall be deemed to be a bar to the

appointment to any political position 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, opinion or

recommendation 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: (1)The Commission for the Investigation of Abuse of

Authority may, in accordance with law, conduct, or cause to be conducted,

143

investigations of any abuse of authority committed through corruption by any

person holding public office.

Provided that this clause shall not apply to any official in relation to whom

this Constitution itself separately provides for such action and to any official in

relation to whom other law provides for a separate special provision.

(2) In the case of the persons who can be removed from office by

passing a motion of impeachment under Article 101, the Judges who can be

removed by the Judicial Council and the persons who are liable to action under the

Army Act, it may conduct, or cause to be conducted, investigations in accordance

with the Federal law after they have been removed from office.

(3) If the Commission for the Investigation of Abuse of Authority finds,

on investigation conducted pursuant to clause (1) or (2), that a person holding

public office has committed an act which is defined by law as corruption, it may

file, or cause to be filed, a case against that person and other person involved in

that offense in the competent court in accordance with law.

(4) If, on investigation conducted pursuant to clause (1) or (2), any act

or action done or taken by a person holding public office appears to be of such

nature as to be falling under the jurisdiction of another official or body, the

Commission for the Investigation of Abuse of Authority may write to the

concerned official or body for necessary action.

(5) The Commission for the Investigation of Abuse of Authority may

delegate any of its functions, duties and powers on the conducting of

investigations or filing cases, to the Chief Commissioner, a Commissioner or an

officer employee of the Government of Nepal to be exercised and complied with

subject to the specified conditions.

(6) Other functions, duties and powers and rules of procedure of the

Commission for the Investigation of Abuse of Authority shall be as provided for in

the Federal law.