Article 238 Part 21 •Part 21 – Commission for the Investigation of Abuse of Authority

Article 238 – Commission for the Investigation of Abuse of Authority

(1)

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.

(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.

(4)

Notwithstanding anything contained in Clause (3), the office of the Chief Commissioner or a Commissioner shall be deemed vacant under the following circumstances:

(a)
if she/he submits a written resignation to the President,
(b)
if she/he attains the age of sixty-five,
(c)
if a resolution of impeachment is passed against her/him as per Article 101,
(d)
If she/he is removed by the President on the recommendation of Constitutional Council for being unable to discharge the duties of her/his office due to physical or mental illness, or
(e)
if she/he dies.

(5)

Chief Commissioner or Commissioners appointed as per Clause (2) cannot be re-appointed.

Provided that, nothing in this Clause shall be deemed to bar the appointment of a Commissioner to 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.

(6)

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:

(a)
holds a bachelor's degree from a recognized university,
(b)
is not a member of any political party immediately before the appointment,
(c)
has at least twenty years of experience in the field of accounting, revenue, engineering, law, development or research and is a distinguished person,
(d)
has attained forty-five years of age, and
(e)
possesses a high moral character.

(7)

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 breakdown.

(8)

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.

Article 238 – Commission for the Investigation of Abuse of Authority

Related Provisions & Cross-References

Article 101 – Impeachment

Article 239 – Functions, duties and powers of the Commission for the Investigation of Abuse of Authority

Article 240 – Auditor General

Article 241 – Functions, duties and powers of the Auditor General