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Sadachar

भ्रष्टाचार विरुद्धको आयोगको रेडियो कार्यक्रम सदाचार हरेक शनिवार बेलुकी ७:४५ बजेदेखी ८:०० बजेसम्म प्रसारण भैरहेको छ । सुन्न नभुल्नुहोला ।

भ्रष्टाचार विरुद्धको अभियानमा आजैदेखि सहभागी बनौं ।

Function and Features

Functions

Article 120 of the interim constitution of Nepal, 2007 has specified the functions and duties of CIAA as following:

(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.
   
   

 

   

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.