The Interim Constitution of Nepal, 2063 (2007) - Digital Himalaya

THE INTERIM CONSTITUTION OF NEPAL, 2063 (2007)AS AMENDED BY THE FIRST TO SIXTH AMENDMENTSPART 11COMMISSION FOR THE INVESTIGATIONOF ABUSE OF AUTHORITY119. Commission for the Investigation of Abuse of Authority(1) There shall be a Commission for the Investigation of Abuse of Authority inNepal consisting of a Chief Commissioner and as many other Commissionersas required. If additional Commissioners are appointed apart from the ChiefCommissioner, the Chief Commissioner shall act as Chairperson of theCommission 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) Subject to the proviso in sub-clause (a) of clause (7), the term of office of theChief Commissioner and other Commissioners shall be six years from the dateof appointment.Provided that,(a) If, before the expiry of his/her term, the Chief Commissioner or aCommissioner attains the age of sixty-five, he/she shall retire.(b) The Chief Commissioner or a Commissioner may be removed fromhis/her office on the same ground and in the same manner as has beenset out for the removal of a Judge of the Supreme Court.(4) The office of the Chief Commissioner or a Commissioner shall be deemedvacant under the following circumstances -(a) if he/she submits a written resignation **to the President,(b) if pursuant to clause (3), his/her term expires or he/she is removed fromhis/her office,(c) if he/she dies.5) No person shall be eligible to be appointed as the Chief Commissioner or aCommissioner unless he/she -178*Amended on 2065 Jestha 15 (May 28, 2008) by the Interim Constitution of Nepal (Fourth Amendment) Act, 2065. Originallyread: The Prime Minister**Amended on 2065 Jestha 15 (May 28, 2008) by the Interim Constitution of Nepal (Fourth Amendment) Act, 2065.Originally read: to the Prime Minister