Article 97 Commission for the Investigation of Abuse of Authority
(1) There shall be a commission to be called the Commission for the Investigation of Abuse of Authority of the Kingdom of Nepal consisting of a Chief Commissioner and such other Commissioners as may be required. If apart from the Chief Commissioner other Commissioners are appointed, the Chief Commissioner shall act as Chairman of the Commission for the Investigation of Abuse of Authority.
(2) His Majesty 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. They shall be eligible for reappointment: Provided that: -
- if before the expiry of his term, the Chief Commissioner or a Commissioner attains the age of sixty five, he shall retire.
- The Chief Commissioner or a Commissioner may be removed from his office on the same grounds and in the same manner 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 under the following circumstances:
- if he dies; or
- if his resignation submitted to His Majesty in writing is accepted by Him; or
- if pursuant to clause (3) his term expires or he is removed Article from his office
(5) No person shall be eligible to be appointed as the Chief Commissioner or a Commissioner unless he
- holds a Bachelor's Degree from a university recognised by His Majesty's Government;
- is not a member of any political party immediately before appointment;
- has at least ten years experience in the field of either law, accounting, revenue, construction, development or research, and is a distinguished person; and
- has attained the age of forty five.
(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 other Government Service: Provided that: -
- nothing in this clause shall be deemed to be a bar to 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 term of office shall be computed as to include his term as Commissioner.
- nothing in this clause shall be a bar to 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 carryingout studies or research on any subject.
Article 98 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, improper conduct or corruption by a person holding any public office:
Provided that the Commission for the Investigation of Abuse of Authority shall not have jurisdiction over the following officials: -
- any official in relation to whom this Constitution itself separately provides for such action; and
- any official to be prosecuted under the Army Act.
(2) If the Commission for the Investigation of Abuse of Authority finds, upon inquiry or investigation carried-out pursuant to clause (1), that any person holding any public office has misused his authority by improper conduct, it may admonish such person, or forward a recommendation to the concerned authority in writing for taking departmental or any other necessary action.
(3) If the Commission for the Investigation of Abuse of Authority finds, upon inquiry or investigation carried-out pursuant to clause (1), that a person holding any public office has committed an act which is defined by law as corrupt, it may bring or cause to be brought an action against such person or any other person involved therein in a court with jurisdiction in accordance with law.
(4) Subject to this Constitution, other functions, duties, powers and procedures of the Commission for the Investigation of Abuse of Authority shall be as determined by law.
(5) The Commission for the Investigation of Abuse of Authority may delegate any of its powers, functions and duties relating to the inquiry, investigation or bringing actions, to the Chief Commissioner, a Commissioner or any employee of His Majesty's Government to be exercised and complied with subject to the specified conditions.
(6) The Commission for the Investigation of Abuse of Authority shall submit an annual report to His Majesty on the works it has performed in accordance with this Constitution. His Majesty shall cause such report to be laid before Parliament.
