Commission for the Investigation of Abuse of Authority Rules, 2059 (2002)

Commission for the Investigation of Abuse of Authority Rules

Chapter – 1
Preliminary
1. Short Title and Commencement :

(1) These Rules may be called as “Commission for the Investigation of Abuse of Authority Rules,
2059 (2002).”
(2) These Rules shall come into force immediately.

2. Definition : Unless the subject or context otherwise requires, in
these Rules,-
(a) “Act” means the Commission for the Investigation of Abuse of Authority Act, 2048 (1991).
(b) “Preliminary Investigation” means the acts of Investigation conducted from the Commission prior to the appointment of Investigation Officer pursuant to Section 12 of the Act.
(c) “Secretary” means the Secretary of the Commission.

Chapter – 2
Procedures Relating to Meetings of the Commission

3. Meetings and Decisions of the Commission:

(1) Meetings of the Commission shall be held in presence of the Commissioners including the Chief Commissioner.
Provided that this sub-rule shall not be deemed to have impeded to hold meetings of the Commission even if the Chief Commissioner alone is present.

(2) The Secretary shall, at the direction of the Chief commissioner, fix the date and time and make available the agenda of meetings of the Commission to the Commissioners.

(3) The Chief Commissioner shall preside over meetings of the Commission. In absence of the Chief Commissioner, the senior Commissioner amongst the Commissioners present shall preside over meetings of the Commission and the Commissioner so presiding over the meeting may exercise powers vested in the Chief Commissioner.

(4) Decision of majority of Commissioners shall be deemed to be the decision of the Commission. In case there is no majority opinion on any matters, the opinion supported by the Chief Commissioner shall be regarded as the decision of the Commission.

(5) The Secretary or an employee of the Commission designated by him/her shall maintain record of decisions of meetings in minute book and it must be caused to be signed by the Chief Commissioner and other Commissioner.
(6) The Secretary or any Officer of the Commission designated by him/her shall authenticate decisions of meetings of the Commission.

4. Functions of the Secretary :

(1) Subject to general direction and control of the Chief Commissioner, the main duty of the Secretary shall be to conduct administrative functions of the Commission.
(2) In addition to the duty referred to in sub-rule (1), other functions, duties and powers of the Secretary shall be as follows:-
(a) To register or cause to register the complaints, explanations and reports received at the Commission;
(b) To prepare and submit or cause to submit the matters to be discussed in the Commission;
(c) To execute or cause to execute decisions of the Commission;
(d) To assign jobs to the subordinate staff
(e) To conduct or cause to conduct programmes relating to human resources development of the Commission, the
offices directly under the Commission and the offices to which the Commission has delegated powers;
(f) To conduct or cause to conduct programmes relating to capacity enhancement of employees directly or
indirectly related to works of the Commission;
(g) To conduct or cause to conduct studies and research on the matters relating to works of the Commission;
(h) To maintain or cause to maintain necessary contact and coordination with international organizations and
associations relating to works of the Commission;
(i) To maintain or cause to maintain necessary contact or coordination with Government of Nepal, civil society
and other related bodies on behalf of the Commission;
(j) To conduct or cause to conduct creative programmes such as training and workshops and so on for enhancement of effectiveness of activities of the commission;
(k) To conduct or cause to conduct publicity using communication media in order to raise public awareness against improper acts and corruption;
(l) To coordinate or cause to coordinate the activities jointly conducted by the Commission in collaboration with other agencies;
(m) To perform or cause to perform other activities as ordered or directed by the Commission;
(n) To do or cause to do other acts that may be necessary to execute decisions of the Commission;
(o) To do or cause to do other acts that may be necessary while performing functions and duties and exercising powers referred to in clauses (a) to (n).
(3) The Secretary may delegate any authority entrusted to him/her under this Rule to any Officer level employee of the Commission.

Chapter – 3
Provisions Relating to Complaints

5. Complaints of improper Acts:

(1) The person willing to lodge a complaint relating to an improper act may lodge the complaint in a format referred to in Schedule-1 either being present in person at the Commission or through post or any other means.

(2) Notwithstanding anything contained in sub-rule (1), it shall not be deemed to have impeded to conduct Investigation on any such complaint merely for the reason that the complaint is not in the format referred to in Schedule-1.

6. Complaint of corruption:

(1) A person willing to lodge complaint relating to corruption may lodge the complaint being present in person at the Commission or send such a complaint by any other means.

(2) While lodging a complaint pursuant to sub-rule (1), the following details shall be stated to the extent it is within knowledge of the complainant;-

(a) In case of corruption committed by the person assuming public office, the full name, surname, address, designation and office of the said person and if any other person is involved in such act, his/her name, surname and address;
(b) Actual description relating to corruption;
(c) Date of commission of corruption and date of its information;
(d) Evidences showing Commission of corruption or description relating to it;
(e) In case the complainant wants to keep his/her name confidential, the content of the same.
(3) In case anyone has lodged a complaint pursuant to sub-rule
(1) having his/her name kept confidential, the Commission may, on the basis of such a complaint, initiate actions relating to Investigation of corruption.
(4) Notwithstanding anything contained elsewhere in these Rules, it shall not be deemed to have impeded the Commission to accept a subject matter relating to corruption published in any newspaper or publication as information or a complaint.

7. Registration of complaint :

Complaints receiving at the Commission shall be registered in a General Registration Book.

8. Original Evidences to be given Back:

the Commission may return back the original copies of evidence submitted by the complainant pursuant to clause (d) of sub-rule (2) of Rule 6 having retained certified copies thereof .

9. May Refer to Conduct Investigation or Take Actions : The Commission may refer a complaint received to it relating to improper acts committed in any agency of Government of Nepal to the concerned agency for submitting report to it or taking any other necessary actions having investigated into the matter and it shall be the duty of the concerned agency to do or cause to do as per the said referral.

10. Complaints may be set aside or put on pending:

(1) The Commission may order to set aside the following categories of complaints received the Commission:-

(a) Except complaints on matters relating to public interest on concern, the complaints relating to improper acts that are not endorsed or could not be endorsed;
(b) Except complaints on matters relating to public interest or concern, the complaints relating to improper
acts that have been lodged by persons other than the aggrieved person;
(c) Complaints having expired the limitation ;
(d) Complaints beyond competence and jurisdiction of the Commission;
(e) Complaints not found to be based on facts prima facie or written with confusing contents;
(f) Complaints motivated only to cause trouble or harassment;
(g) Complaints lodged on extremely trivial matters or issues;
(h) Complaints not possible to take actions for any reason;
(i) Complaints given again on the same matter without any new evidence after setting aside the same complaint
once.
(2) If there arises difficulty to take actions and decisions on any complaint lodged at the Commission, complaint may be put on pending.

Chapter – 4
Procedures Relating to Initial Inquiry or Investigation

11. Initial Inquiry:

In case the Commission deems, upon having studied the complaints relating to abuse of powers received at the Commission, that initial inquiry has to be conducted, the Commission may conduct or cause to conduct initial inquiry on its own or by other governmental agency or organization or officials.

12. Investigation :

(1) On the basis of gravity of the complaint filed at the Commission or on the basis of report of initial inquiry conducted pursuant to Rule 11, in case the Commission deems it necessary to conduct Investigation on such matter, it may designate Investigation Officer having prescribed the duration tocomplete the Investigation, necessary terms of reference relating to the Investigation and name of necessary support staffs.

(2) While appointing Investigation Officer pursuant to sub- rule (1), the appointment shall be made in the format referred to in Schedule-2.
(3) In case the Investigation could not be completed within the time limit prescribed pursuant to sub-rule (1), the concerned Investigation Officer shall request the Commission for extending the time limit or for direction having also stated the reasons therefor.

(4) In case it is requested for extending the time limit pursuant to sub-rule (3), the Commission may extend the time limit along with necessary directives.

13. Change of Investigation Officer : In case an Investigation Officer appointed to conduct Investigation on any matter could not complete the task assigned to him/her for any reason whatever or could not have time to complete the Investigation or the said Investigation could not be completed by him/her and the said subject-matter has to be investigated from another Investigation Officer, the Commission may, having appointed another Investigation Officer, cause to conduct Investigation again or cause to complete the Investigation on the matters yet to be completed by the then Investigation Officer.

14. Notice to be sent for seeking explanation, inquiry, statement or information of experts : While seeking explanation or calling for inquiry or statement in connection with Investigation on improper act or corruption committed by any person assuming public office pursuant to Sub-section (1) of Section 11 or Section 15 of the Act respectively, the Commission shall give notice in the format referred to in Schedule-3 and while
calling experts or person having information, it shall give information on the format referred to in Schedule-4.

15. Statement may be taken keeping in due date or in custody :

n case the task of taking statement by the Commission of the person alleged to have committed abuse of powers could not be completed on one day alone, the Investigation Officer may take statement having him/her kept on due date or in custody until the
task of taking statement is completed. 16. Provisions Relating to Due Date: While keeping the accused person on due date by the Commission in connection with an Investigation, due date shall be given to him in the format referred to in Schedule-6 having prepared due date receipt in the format referred to in Schedule-5. 17. Supplementary (tatimba) statement: The Commission may, in connection with Investigation, take supplementary (tatimba) statement or additional information having called the accused or person having information. 18. Arrest warrant : In case the Commission has to arrest a person in connection with an Investigation, an arrest warrant shall be given in the format referred to in Schedule-7.

19. Detention slip :

While detaining any person in custody as per prevailing laws in connection with an Investigation, detention slip shall be given in the format referred to in Schedule-8. 20. Search :

(1) While conducting search and seizure in connection with inquiry and Investigation on a complaint of abuse of authority, the deed of entrance and deed of search and seizure shall be prepared as per the formats referred to in Schedule-9 and 10 respectively.

(2) In case the cash, kind or any other goods found from search and seizure conducted pursuant to sub-rule (1) has to be taken, a receipt of taking such cash or goods has to be prepared and given to the house-owner or owner of the cash or kind or the person taking the custody of the cash or kind, and if none of them are found or they are found but denied to take the receipt, the cash or kind shall be taken having given the receipt to the representatives of the local bodies. In case even the representatives of local bodies are not present, the same content shall be mentioned in the deed of seizure and the receipt shall be affixed on the place of seizure and if such content is stated in the deed of search and seizure, it shall be deemed to have been accepted by the concerned person.

21. Seeking Security or Guaranty of Assets :

(1) While seeking security or guaranty of assets from the person accused of corruption, the Commission shall issue order to that effect in the format referred to in Schedule-11.

(2) While seeking security or guaranty of assets pursuant to sub-rule (1), deeds have to be prepared in the format referred to in Schedule-12 and Schedule-13 as the case may be.

22. Office May be Maintained at Any Place : The Commission may, in course of an inquiry and Investigation, maintain its office in any office or at any place in addition to its own office.

23. Report to be submit ted :

(1) The Investigation Officer shall, upon completion of task of Investigation, submit report along with
his opinion having analyzed the collected evidences and the actual position seen therefrom.

(2) On the basis of the report submitted pursuant to sub-rule (1), if it is found that the Investigation Officer has caused any procedural error or any other error while conducting the Investigation, the Commission may give order to rectify such error or it may itself examine the files and documents.

24. T o be Referred to for Keeping Record:

(1) In case the Commission has a warn to any person assuming public office, it shall be referred to the following offices for keeping its record: –

(a) In case of any official of political appointment, to the cabinet secretariat;
(b) In case of employees, to the concerned authority
(c) In case of persons other that those referred to in Clauses (a) and (b), to the authority prescribed by the Commission.
(2) It shall be the duty of the concerned official/authority to maintain an updated record as referred to it pursuant to sub-rule (1).

25. Other Necessary Actions :

The Commission may, for the purpose of section 12A. of the Act, use the following actions as other
necessary actions
(a) To recover the amount,
(b) Not to appoint to the post of public responsibility for a period up to two years,
(c) Not to assign to the works of such responsibility for a period of two years in maximum,
(d) Not to entrust responsibility of making administrative and
financial decisions for upto two years,
(e) To prohibit to take part in foreign trainings, studies and seminars for up to a period of two years,
(f) To prohibit to perform any specific functions for uptoa period to two years,
(g) Other actions deemed to be appropriate by the Commission.

26. To File a case:

Upon having decided by the Commission to file case of corruption, the concerned Investigation Officer shall file
the case to the concerned court having prepared the charge-sheet in the format referred to in Schedule-14.

27. Matters to be stated in Charge Sheet :

(1) While filing case relating to corruption, the following matters have to be stated in the charge sheet to the extent possible: –
(a) Name, surname, age of the accused along with his/her permanent and temporary, other contact address and name of the grandfather and father and in case of a married woman, name of the husband;
(b) Duties, responsibilities, powers, date, position at the time of commission of corruption by a person holding a public post;
(c) The matters or facts of the charges or accusations;
(d) The related law,
(e) Analysis of laws and facts,
(f) Matters of negligence, recklessness or mala fide intention,
(g) If unlawful gain or loss is caused, the matters showing to whom the gain or loss is caused,
(h) Amount of loss caused or attempted.
(i) Bases of determining the degree of culpability,
(j) Claim of punishment,
(k) Other relevant necessary matters
(2) In case a person is missed to have been charge sheeted pursuant to bus-rule(1), the Commission may file an additional charge sheet.

28. Notice of filing of a case : Upon filing a case against the person assuming public office, the Investigation Officer shall, within three days from the date of filling the case, give notice thereof to
the concerned authority.

29. Procedures relating to Appeal and Review :

(1) Upon receipt of a copy of the judgment after the verdict in the case filed by the
Commission and upon studying the judgment, the government attorney engaged in the Commission or the Legal Practitioner appointed for the same task or the concerned Officer shall submit is/her opinion to the Secretary whether or not an appeal or a review petition has to be filed. (2) With regard to the opinion received pursuant to sub-rule

(1), the Secretary shall submit the same to the Commission along with his/her comment or opinion, if any.

(3) The Commission shall decide whether or not to file appeal or review petition on the bases of the facts of the case, the relevant law, judgment of the court and opinions submitted pursuant to sub-rules (1) and (2).

(4) In case the Commission decides to file appeal or petition for review, the Commission shall, through the government attorney of the Commission or the Legal Practitioner appointed for the said work or the concerned Officer, file appeal or review petition to the concerned court.

Chapter-5
Miscellaneous

30. Amount may be made available for Bribe:

(1) In connectionwith In vest igat ion of a complaint filed at the Commission that any
person assumin g public office has asked for bribe, the Commissionmay make ava ilable amount as bribe to such person a ssumin gpublic office through it s own employee s or through thecomplainant or any other person.
(2) No action shall be taken against and no punishment shallbe imposed on, any employee or person makin g ava ilable bribeamount pursuant to sub-rule (1).
31. Details of those not submitting statement of property to be
made available:

(1) Details o f the person assumin g public officewho does not submit statement of properly within the time limit pursuant to Sub-section (1) of section 31A. o f the Act shall bemade available to the Commission by the agency or offic ialprescribed for the purpose of the same Sub-section within thirtyfive
days.
(2) The agency or offic ial prescribed for the purpose of Subsection(2) of section 31A. of the Act shall conduct In vest igat ionwith regard to the person not submittin g the statement of propertyeven within the time limit extended pursuant to section 31A, (2) ofthe Act on the presumption of amassin g unlawful property and shall make available report thereof to the Commission withinthirty days.
(3) While conducting In ve stigation by the Commission forabuse of authority aga inst the person assumin g public office, therecord of statement o f property may be sought from the concernedagency or offic ial or such person maybe asked to submit statementof property up to a prescribed time havin g given him/her a reasonable time.

(4) The Commission may conduct Inve stigation as per lawupon taking the in formation, statement of property and probereports received at the Commission as per these Rules a s acomplaint or evidence.

32. Record of Freeze Property to be maintained:

In case animmo vable property or ca sh amount or bank guaranty has beentaken as securit y deposit from or on behalf of any accu sed inconnection with In ve stigation of a complaint filed at theCommission, a central record thereof must be ma intained.
(2) In the record re ferred to in Sub-rule (1), the name,surname and address of the accused ; if the security is given by thethird person, his/her name, surname, address; details o f theproperty; date of order for freez in g, the offic ial givin g order forfree zin g; the office freez in g property, date and dispatch number ofthe letter written for freez in g property and complaint registrationnumber shall be mentioned.

33. Releasing Freeze a property: (1) In case an immo vableproperty or cash amount or bank guaranty has been taken a ssecurity deposit from or on behalf of any accu sed in connectionwith In vest igat ion of a complaint filed at the Commission, suchfree zed property or bank guaranty or a ssets deposited as secur ityshall be released after the termination of the complaint.
(2) If a ca se has been filed by the Commission and the casehas been decided acquitting the defendant, the bank guaranty orasset s deposited by or on behalf o f the accused shall be releasedand deposited amount shall be refunded if it is decided by theCommission not to file appeal or submit review petition.

34. Expenses to be certified:

With regard to expense s incurred byany employee or In vestigation team in connectionwith anIn ve stigation in such cir cumstances that bill or receipt may not be
taken, the Secretary shall certify such expense s on the basis o fdetails submitted by such employee or team leader.
35. Coordination committee may be formed: (1) In order toconduct studies resea rch and other promotional activities on thesubjects deemed to be appropriate, the Commission may formcoordination committees compr isin g o f representatives of nongovernmental organ izations and civil societ y.
(2) The formation, functions, duties and powers of thecommittee to be formed under Sub-section (1) shall be as determined by the Commission.

36. Giving information of decision and returning originaldocuments:

(1) In ca se the Commission has r ecorded statementwith a person assumin g public office and the Commission hasdecided to terminate the complaint, the concerned office shall beinformed about the said decision.
(2) In case original documents are brought from any agency inconnection with takin g a ctions on any complaint, the originaldocuments so brought shall be returned to the concerned office a ssoon as possible if such complaint is ordered to be terminated.
37. Procedures Relating to Getting Document s: (1) The concerned person willing to get copie s o f documents ava ilable Commission shall submit application to the Commission in the format prescr ibed in Schedule-15 along with Rupees Five per pages copying fee.
(2) Out of the documents included in the case file related tothe subject in which the Commission has decided not to file caseand to terminate the complaint, the concerned Officer shall make
available the copy o f the statement given at the Commission or
decision of the Commission.

(3) Not with standing anythin g contained in sub-rule (2), nocopy of any document related to the subject which is underconsideration at the Commission shall be made ava ilable.
(4) While makin g available copies, it shall be ver ified withthe original copy and the concerned employee shall certify it asbein g accurate to the original document and submit it to theconcerned Officer.
Pro vided that, if the Commission has decided or ordered notto make ava ilable copy of any document, no copy of suchdocument shall be made ava ilable.
38. Oath of office to be taken: In ca se an y person other than aperson assumin g a public office has to begin works a s an expert atthe Commission, he/she shall take an oath o f o ffice be fore theSecretary in the format re ferr ed to in Schedule-16.

39. Officer Level Employees to Have More Powers:

(1) In casethe In vest igat ion Officer deputed from the Commission inconnection with inquiry and In vest igation a fter havin g r eceivedthe information that abuse of authority is committed or goin g to becommitted has to intervene immediately, he/she may exerc ispowers o f arrestin g per son, conducting search and seizure andother powers conferred by these Rules.
(2) While conducting In vest igat ion on the basis o f an ycomplaint, in case it is found that corruption or improper act hasbeen committed in the matters other then those mentioned in thecomplaint, the Commission may conduct In vest igat ion on thematters not mentioned in the complaint and may take decisionwhether or not to file ca se or take or not to take actions on thebasis of the sa id In vestigation.

40. Inspection:

(1) The Chie f Commissioner, Commissioner or
Officer level employee may inspect or cause to in spect whether or
not the employees have conducted their activit ies a s per theprevailin g laws and authority delegated by the Commission.
(2) Upon inspection pursuant to sub-rule (1), the ChiefCommissioner or Commissioner may give direct ions on the mattersdeemed to be necessary and it shall be the duty of the concernedOfficer to follow or cause to follow direct given in such a way.
(3) Upon inspection pursuant to sub-rule (1), the Officer levelemployee shall submit the report of the activit ies conducted duringthe inspection.
(4) On the basis of the report received pursuant to sub-rule
(3), the Commission may give nece ssary dir ectives to theconcerned office or Officer and it shall be the duty of theconcerned Officer to follow or cause to follow the directive s givenin such a way.

41. Use of Scientific and Communication Equipment andDevices: The employees or persons in vol ved in In vest igat ion ofabuse of authority shall have power s to possess and use sc ientificand communication equipment and device s as may be necessaryaccordin g to the order of the Commission.

42. Repeal and saving: The Commission for the In vest igation o fAbuse o f Authority Rules, 2048 have been repealed. The acts andactivitie s conducted as per the said Rules shall be deemed to have been conducted as per these Rules.