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contained in this Part shall affect the jurisdiction of the Constitutional Bench of
the Supreme Court under Article 13 7.
148
Part-21
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 C hairperson of the Commission for the
Investigation of Abuse of Authorit y.
(2) The President shall, on recommendation of the Constitutional
Council, appoint t he Chief Commissioner and Commissioners.
(3) The term of office of the Chief Commissioner and
Commissioners shall be six yea rs from the date of appointment.
(4) Notwiths tanding 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 si xty-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 di scharge the
functions due to physical or mental illness,
(e) if he or she dies.
(5) The Chief Commissioner and Commissioner s appointed under
clause (2) shall not be eligible for reappointment.
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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.
(6) A person shall be eligible to be appointed as the Chief
Commission er 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 o f
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 in the 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 p erson once appointed as the C hief Commissioner or
Commissioner shall not be eligible for appointment in other government
service.
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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
responsibili ty 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 t he Commission for the Investigation of Abuse
of Authority : (1) The Commission for the Investigation of Abuse of Authority
may, in accordance with law, co nduct, or cause to be conducted, investigations
of any abuse of authority committed through cor ruption 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 specia l 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 cond uct, or cause to be conducted, investigations in
accordance with the Federal l aw 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,
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the Commission for the Investigatio n 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 case s, 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 In vestigation of Abuse of Authority shall be as provided
for in the Federal law.
152
Part-22
Auditor General
240. Auditor General : (1) There shall be an Auditor General of Nepal.
(2) The President shall, on the recommendation of the Constitutional
Council, app oint the Auditor General.