Nepal 2006 Constitution (reviewed 2012)

Part 11. COMMISSION FOR THE INVESTIGATION OF ABUSE OF AUTHORITY

119. 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 such number of other Commissioners as may be required. If, apart from the Chief Commissioner, any other Commissioner is appointed, the Chief Commissioner shall act as the chairperson of the Commission for the Investigation of Abuse of Authority.
2. The President shall, on the recommendation of the Constitutional Council, appoint the Chief Commissioner and other Commissioners.
3. The term of office of the Chief Commissioner and other Commissioners shall be six years from the date of appointment, subject to Sub-clause (a) of the proviso to Clause (7).Provided that
   1. if before the expiry of his or her term, the Chief Commissioner or a Commissioner attains the age of sixty-five years, he or she shall retire.
   2. the Chief Commissioner or a Commissioner may be removed from his or her office on the same grounds and in the same manners as has been set forth for the removal of a judge of the supreme court.
4. The office of the Chief Commissioner or a Commissioner shall be deemed vacant in any of the following circumstances:
   1. if he or she tenders resignation in writing to the President;
   2. if, pursuant to Clause (3), his or her term expires or he or she ceases to hold his or her office; or
   3. if he or she dies.
5. No person shall be eligible to be appointed as the Chief Commissioner or a Commissioner unless he or she possesses the following qualification:
   1. holds a bachelor’s degree from a university recognized by the Government of Nepal;
   2. Is not a member of any political party immediately before the appointment;
   3. has at least twenty years of experience in the field of either accounting, revenue, engineering, law, development or research and is a distinguished person;
   4. has attained the age of forty five years; and
   5. possess a of high moral character.
6. 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.
7. A person once appointed as the Chief Commissioner or Commissioner shall not be eligible for appointment in any other government service.Provided that,
   1. 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, his or her term of office shall be so computed as to include his or her term as the Commissioner.
   2. 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.

120. 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, inquiries into, and investigations of, any abuse of authority committed, through improper conduct or corruption by a person holding any 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 any other law provides for separate special provision.
2. In the case of the officials of a Constitutional body who can be removed from office following a motion of impeachment on the ground of misconduct, the Judges who can be removed by the Judicial Council similar changes and the persons who are liable to action under the Army Act, it may conduct inquiries and investigations in accordance with law after they have been so removed from office.
3. If the Commission for the Investigation of Abuse of Authority finds, upon inquiry and investigation conducted pursuant to Clause (1), that a person holding any public office has misused authority by committing any act which is defined by law as an improper conduct, it may admonish such person or write to the concerned authority for taking departmental action or any other necessary action against such person as provided in law.
4. If the Commission for the Investigation of Abuse of Authority finds, upon inquiry and investigation conducted pursuant to Clause (1), that a person holding any public office has committed an act which is defined by law as corruption, it may file, or cause to be filed, a case against such person and any other person involved in that offense in the competent court in accordance with law.
5. If, upon inquiry and investigation conducted pursuant to Clause (1), any act or action done or taken by a person holding any 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.
6. Subject to this Constitution, other functions, duties and powers and Rules of procedure of the Commission for the Investigation of Abuse of Authority shall be as provided by law.
7. The Commission for the Investigation of Abuse of Authority may delegate any of its functions, duties and powers relating to the inquiry and investigation or filing of cases, to the Chief Commissioner, a Commissioner or any employee of the Government of Nepal to be exercised and complied with subject to the specified conditions.

121. Annual report

1. The Commission for the Investigation of Abuse of Authority shall submit to the President an annual report on the works it has performed in accordance with this Constitution; and the President72 shall arrange to submit such report to the Legislature-Parliament through the Prime Minister.
2. The annual report to be submitted pursuant to Clause (1) shall set out, inter alia, the complaints filed in the Commission for the Investigation of Abuse of Authority, the number of cases filed in the competent court in accordance with law after conducting inquiries and investigations and the number of cases of which proceeding has been terminated, the number of instances where admonishing has been made or it has been written for departmental or any other action for the commission of the improper act, achievements made in the field of prevention of corruption and reforms to be made in the future in this respect.