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

THE INTERIM CONSTITUTION OF NEPAL, 2063 (2007)AS AMENDED BY THE FIRST TO SIXTH AMENDMENTS(3) If the Commission for the Investigation of Abuse of Authority finds, uponinquiry or investigation carried out pursuant to clause (1), that any personholding any public office has misused his/her authority by committing an actwhich is defined by law as improper conduct, it may warn such person, orforward a recommendation to the authority concerned in writing to takedepartmental action or any other necessary action as prescribed by the law.(4) If the Commission for the Investigation of Abuse of Authority finds, uponinquiry or investigation carried out pursuant to clause (1), that a person holdingany public office has committed an act which is defined by law as corrupt, it maylodge or caused to be lodged a case against such person or any other personinvolved therein in a court with jurisdiction in accordance with the law.(5) If the Commission for the Investigation of Abuse of Authority finds, uponinquiry or investigation carried out pursuant to clause (1), that the nature ofthe work to be carried out by the person holding any public office falls underthe jurisdiction of another authority or body, it may forward a recommendationto the authority or body concerned in writing for necessary action.(6) Subject to this Constitution, other functions, duties, powers and proceduresof the Commission for the Investigation of Abuse of Authority shall be asdetermined by law.(7) The Commission for the Investigation of Abuse of Authority may delegateany of its powers, functions and duties relating to the inquiry, investigation orlodging of cases, to the Chief Commissioner, Commissioner or any employee ofthe Government of Nepal to be exercised in compliance with the conditionsspecified.121. Annual report(1) The Commission for the Investigation of Abuse of Authority shall submitan annual report *to the President on the work it has performed in accordancewith this Constitution, and **the President through the Prime Minister shallmake arrangements to submit such report before the Legislature-Parliament.(2) The annual report to be submitted pursuant to clause (1) shall contain interalia the total number of complaints lodged during the year at the Commissionfor the Investigation of Abuse of Authority; the number of cases in whichinvestigation has been completed, cases filed in court with jurisdiction inaccordance with law, with the number of cases pending, the cases in whichwarnings have been issued, or forwarded with recommendations in writing fordepartmental or any other necessary action; the achievements in preventingcorruption and the recommendations for improvements in the future.182*Amended on 2065 Jestha 15 (May 28, 2008) by the Interim Constitution of Nepal (Fourth Amendment) Act, 2065. Originallyread: to the Prime Minister**Amended on 2065 Jestha 15 (May 28, 2008) by the Interim Constitution of Nepal (Fourth Amendment) Act, 2065. Originallyread: the Prime Minister