Functions

English | Nepali

Article 120 of the interim constitution of Nepal, 2006 has specified the functions and duties of CIAA as following:

(a)	CIAA may, in accordance with law, conduct or cause to be conducted inquires into, and investigations of, improper conduct or corruption by a person holding any public office. However, CIAA shall not have jurisdiction over the following officials: 1. any official in relation to whom the constitution seperately provides for such action; and 2. any official to be prosecuted under the Army Act.
(b)	If CIAA finds, upon inquiry or investigationcarried out pursuant to clause (1), that any person holding any public office has misused his/her authority by improper conduct, it may forward a recomendation to the concerned authority in writing for taking departmental or any other necessary action.
(c)	CIAA may file, if its findings suggest that a person has committed an act of corruption, a case against such person in the court of law.
(d)	If CIAA finds, upon inquiry or investigation, that any person holding any public office has committed an act which is defined by law as corruption, it may sue such person in a court of law. As per article 121, of the interim constitution of Nepal, 2006 CIAA shall submit an annual report to the prime minister shall cause such report to be laid before parliament.

The CIAA also performs recommendatory services for the government. It may make suggestions or recommendations for amending a law or making certain improvements in the functions of the government or any policy or procedure with a view to enhancing and improving good governance in the country.

Features

Commission for the Investigation of Abuse of Authority Act was enacted in 1991. A regulation thereof was also promulgated to lay down the procedural details for implementing the provisions of act. The above Act and Regulation define in detail the scope, functions and procedures of investigation and prosecution. The Act and Regulation explicitly explain improper conduct and corruption. With regard to improper conduct, departmental action shall be taken, while in the case of corruption the case is to be filed in the Special Court. Another very important function entrusted by the Act to the commission is the authority to suggest the government for improving or revisiting the existing policies, legal provisions, which will help to curb corruption and contribute towards good governance.

The prevention of Corruption Act, 1961 was repealed and four separate bills were enacted in August 2002 in order to carry out corruption control activities more efficiently and effectively. These new acts are - Amendment to the existing CIAA Act, revisit of existing prevention of corruption act, 1961 by a new act, the act to stablish "Special Court" and the Impeachment Act.