Commission for the Investigation of Abuse of Authority Act, 2048 (1991)


Published: 1991

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Commission for the Investigation of Abuse of Authority Act, 1991 (2048) 1
Commission for the Investigation of Abuse of Authority Act, 2048
(1991) Date of authentication and publication:
4 Mangsir 2048 ( 20th
nov, 1991)
Act Number 34 of the Year 2063
1. Commission for the Investigation of Abuse of Authority (First Amendment) Act,2048 (1991) – 2049/2/2/6
2. Commission for the Investigation of Abuse of Authority (Second Amendment) Act, 2059 (2002 ) –2059/4/30/5
3. The Act Amending Some Nepal laws, 2063 –2063/6/28
Preamble: Whereas it is desirable to make provision relating o the functions, duties,
powers and working procedures of the Commission for the Investigation of Abuse of
Authority,
Now therefore, Parliament has enacted this Act in the 20th year of the reign of
His Majesty King, Birendra Bir Bikram Shah Dev.
Chapter 1
Preliminary
1. Short title, Extent and Commencement (1) This Act may be called the
Commission for the investigation of abuse of authori y Act,2048 (1991),
(2) This Act shall be extend throughout Nepal, and shall also be applicable
to all Nepali citizens, wherever they may have been residing outside Nepal.
(3) It shall come into force immediately.
(2) Definitions: In this Act, the subject or context otherwise requires: -
(a) "Constitution" means the Interim Constitution of Nepal, 2063♣.
(b) "Commission" means the Commission for the Investigation of Abuse of
Authority.
(c) "Commissioner" includes the Chief Commissioner of the Commission, ∇(d) "Person holding a public post" means any person who is holding a post of

♣ At present the prevails Interim Constitution of Nepal, 2063
2
responsibility or is entitled to exercise any right in pursuance of the
Constitution, other prevailing laws or decisions or orders of the concerned
body or authority and the term shall also mean an official or employee
holding any post in a public institution. ∇(e) "Public Institution" means the following institutions:
(1) A company, bank or committee fully or partly owned or controlled
by Government of Nepal or commissions, organizations, authority,
corporations, academy, boards, centers, councils or any other
organized institution of such nature established by His Majesty's
Government,
(2) Universities, campuses, schools, research centers and any other
academic or educational institutions run by Governme t of Nepal or
receiving full or partial grants from Government of Nepal,
(3) Local bodies constituted under the Local Self-Governance
Act,2055 (1999),
(4) Institutions run with loans, grants or guarantee of the Government
of Nepal.
(5) Institutions with full or partial ownership or control of the
institutions stated in Sub-Clauses (1), (2), (3) or (4),
(6) Any other institution designated as public institution by the
Government of Nepal by publishing a notification in the Nepal
Gazette.
(f) "Investigation Officer" means a person designated under this Act for
conducting inquiries and investigations on abuse of authority.
(g) "Improper Conduct" means any act as mentioned i Section 3, committed
∇ Amended by the second Amendment. ∇ Amended by the second Amendment.
3
by a person holding a public post. ∇ (h) "Corruption" means an offence punishable under the prevailing laws
relating to the prevention of corruption.
(i) "Abuse of Authority" means an improper act or cruption as mentioned in
Clauses (g) or (h), (j) "Court" means the court pursuant to Sub-section (1) of Section 34 , (k) "Authority" means the authority provided for in prevailing laws or
agreements or any other written documents relating to terms and conditions
of service of a person who is holding a public post, and the term shall also
apply to a person authorized to appoint, dismiss from service or supervise
the works of such persons.
3 Improper conduct: Any of the following acts taken willfully or negligently by a
person holding a public post shall be regarded as an improper Conduct:
(a) to refuse to do anything within the jurisdiction to do anything beyond the
jurisdiction .
(b) to comply with the mandatory procedures while taking a decision or issuing
an order.
(c) to exercise powers vested in him/her for any objective or purpose in
contravention of the appropriate law, decision or order.
(d) to exercise discretionary powers in a m la fide or arbitrary manner.
(e) to create unauthorized obstruction in the work of any other office, authority
or employee, or compelled them to perform any unauthorized action by
exerting pressure on such office, authority or employee.
(f) to fail to do anything which one should have done, or send to another office
or authority, evading responsibility, or
(g) to fail to discharge any duty pertaining to the post; which is required to

∇ Amended by second Amendment. Inserted by Second Amendment. Inserted by Second Amendment.
4
discharge according to the nature of the post . (h) to cause to work in one's own interest to a person subordinate or person
under the influence through undue pressure or lure . (i) to abuse the immunity, facilities or privileges acquired in the capacity of a
post.
Chapter II
Provisions Regarding Jurisdiction of the Commission
∇4. Jurisdiction of the Commission: The Commission, in accordance with this Act
or other prevailing laws, may conduct investigations, file a case or take any action
against any person holding a public post for an abuse of authority.
Provided that,
(a) In the matters contained in the proviso of Article 98 (1) of the
Constitution, actions shall be taken accordingly.
(b) The Commission, pursuant to the Act, shall not take ny action in
matters relating to any business or decisions taken t meetings of any
House of Parliament or of any committee or anything said or done
by any member at such meetings, or any policy decisions taken by
the Council of Ministers or any committee thereof or judicial actions
of a court of law.
5 ……..∝
6 Regarding Actions to be taken by the Commission on improper conduct in the
public Institutions : ……∝ The Commission may refer any complaint filed with it
regarding any improper conduct in any institution t the concerned institution, or

Inserted by Second Amendment. Inserted by Second Amendment. ∇ Amended by the second Amendment. ∝ Repealed by the Second Amendment. ∝ Repealed by the Second Amendment.
5
to the concerned superior body for action, according to circumstances, on the
condition that a report shall be submitted to it, and such body shall inform both the
Commission and the complainant about the action and decision taken in respect
thereto.
Provided that, in case the Commission so deems necessary, it may conduct
a fresh scrutiny or initiate action it in respect to such complaint
7 Commission not allowed to raise question on discretionary powers: The
commission shall not initiate any action under thisAct with regard to any action or
decision taken by any officer in any ……..∝ exercise of his/her discretionary
powers.
Provided that, if it appears that such discretionary powers have been exercised in a
mala fide or arbitrary manner, nothing mentioned in this Section shall prevented
the Commission from initiating action in respect thereto.
Chapter III
Provisions Regarding Improper Actions
8. ∇Complaints with regard to improper conduct: (1) In case anyone commits
improper conduct having an adverse effect on matters of public interests or
concern, anyone may file a complaint with the Commission and in case of matters
other than this, a person who is adversely affected by the improper conduct may
lodge a complaint.
Provided that, in case the person adversely affected by improper conduct has
already died or unable to file a complaint due to physical or mental incapacity, a
complaint may be filed by his/her heir or guardian as well.
(2) The commission may pursuant to this Act conduct an inquiry or
investigation and take necessary action with regard to an improper conduct being

∝ Repealed by the Second Amendment. ∇
Amended by the second Amendment.
6
committed adversary affecting the matters of public interest or concern upon
receiving any information from any other source evn a complaint has not been
filed pursuant to Sub-Section (1),
(3) While filing a complaint pursuant Sub-Section (1) on matters having an
adverse impact on public interest or concern, the complaint may be filed any time
and with regard to matters other than this, complaints shall be filed within 35
days after the complainant comes to know of it.
(4) While submitting a complaint, the complainant shall submit evidence in
support of the complaint which are in his/her posses ion or which he/she can
obtain.
9. Verification of complaints: Except when ∇the person adversely affected by
improper actions personally files a complaint with the Commission, in case the
complaint is forwarded to the Commission by post or by any other means, the
Commission shall summon ∇such complainant o appear before it within seven
days after receiving such complaint for its verificat on.
Provided that, in case the contents of the complaint are found baseless or
unclear or confusing, the Commission may decide not to take any action in respect
thereto. The Commission shall inform the ∇person adversely affected by improper
conduct of such decision as early as possible.
10 Procuring the relevant files and documents of evidence : In case the
contents of the complaints, and any evidence if any submitted by the complainant
in respect thereto, provide reasonable grounds to believe that any person holding, a
public post has committed any improper conduct as mentioned in the complaint,
the Commission may procure the relevant files or documents of evidence from the

∇ Amended by the second Amendment.
∇ Amended by the second Amendment.
∇ Amended by the second Amendment.
7
appropriate office office-holder, or person, and in case if a person can provide
important information in respect thereto, the Commission may also inquire such
person.
∇11. Procedure for departmental action: (1) In case any person holding a public
post is deemed to have committed an improper conduct or there is reasonable
ground to believe so from an investigation undertaken by the Commission, the
Commission shall send a notification to such person by enclosing all the details
obtained from the investigation into the complaint f led against him/her requiring
him/her to submit a clarification within a prescribed period.
(2) While sending a notification pursuant to Sub-Section (1), the
complaint filed against the person holding a public post, all the details acquired
from the investigation, the ground on which the allegations against him/her are
based or what kind of departmental action or punishment or action he/she should
face in case he/she is convicted of the charge must be clearly mentioned in the
notification.
∇12. Written request for departmental action: (1) In case, any person holding a
public post does not submit a clarification within the time as prescribed in Sub-
section (1) Section 11, or in case, in the opinion of the Commission, the
clarification so submitted is not deemed satisfactory, the Commission may write to
the appropriate authority to caution or to take departmental action against him/her
upon stating the reasons and grounds based on the degr e of offence.
(2) In case, the request in writing has been receivd pursuant to Sub-
Section (1), the concerned authority shall propose an appropriate penalty and shall
inform the Commission within three months of taking departmental action as per

∇ Amended by the second Amendment.
∇ Amended by the second Amendment.
8
the prevailing laws. In case the action has been initiated in response to a complaint
filed by somebody else, the complainant must also be informed of this.
(3) In case the appropriate authority fails to take departmental action within
the time prescribed in Sub-Section (2) except as otherwise having a reasonable
ground, the Commission may take an action against the authority considering it as
an improper conduct under this Act.
12a. To write for other necessary action: In case any person holding a public post
commits an improper conduct and causes harm or loss to Government of Nepal or
public institutions, the Commission shall write to the concerned body or authority
to make up for the losses incurred or to take any other necessary action deemed
appropriate by the Commission.
12b. To issue an order for rectifying bad results: The Commission may write to
the concerned authority or department in order to rectify the bad results arising out
of the improper conduct committed by a person holding a public post.
Provided that, in case the decision taken by the person holding a public post
may be appealed under the prevailing laws, the Commission shall not write in such
a way that it would have an influence on such a decision.
12c. To inform the Commission: Upon receiving a response pursuant to Section
12a or 12b, the concerned authority or body shall take action within three months
and inform the commission accordingly.
Chapter IV
Provisions regarding Corruption
13 Complaints regarding corruption: (1) The Commission may conduct
inquiries and investigations, or initiate other action, in respect to corruption under

Inserted by Second Amendment. Inserted by Second Amendment. Inserted by Second Amendment.
9
this Act, on the basis of the complaint filed by any person, or of information
obtained by the Commission from any source.
(2) Except provided in Section 29, in Case the Commission does not
initiate action within a period of 5 years, no action shall be initiated in respect of
corruption under this Act after the expiry of that period.
Provided that, there shall be no limitation to file a case if corruption is
committed by misappropriation of government or public property or the property
an institution owned by Government of Nepal.
14. Preliminary Probe Regarding Corruption: (1) In case there exist reasonable
grounds to believe on the basis of any complaint or report, or from information
received by the Commission from any other source, that a person holding a public
post has committed an offence involving corruption, the Commission may conduct
a preliminary probe thereof secretly,
(2) While conducting a preliminary probe of the offence of corruption
under Sub-section (1), the Commission may exercise the power, vested in it under
this Act in respect to inquiries and investigations.
15. Clarification to be sought from the concerned person in case
information seems to be correct: If, in the course of a preliminary probe into
any offence involving corruption under Sub-section (1) of Section 14, the
complaint, report or information received by the Commission seems to be correct,
the Commission may demand clarifications from the person who has committed
offence, as well as from other person implicated therein, mentioning brief
particulars of the charges.
∇16. Detention of the accused: (1) In case there is adequate ground to believe that
any person against whom the Commission has initiated ctions on charges of
corruption may conceal or destroy any evidence, or hamper or obstruct, or

∇ Amended by the second Amendment.
10
adversely affect the action being undertaken by the Commission, the Commission
may keep him/her in detention by providing with him/her a detention order in
his/her name under the prevailing law.
(2) In case, as regards to the person in detention, i is deemed necessary to
continue investigation by keeping him/her in detention for a longer period, than
twenty four hours to complete the process, commission hall seek the permission
by producing him/her before the court. While seeking permission from the court,
allegations against him/her, and reasons for continuing probe by keeping him/her
in detention and contents of his/her statement, if at all, shall be clearly mentioned.
(3) The person produced before the court for the purpose of seeking
permission to keep in detention under Sub-Section (2) may apply at the court
requesting for his/her physical check-up.
(4) In case, permission is requested under Sub-Section (2) to keep in
detention, the court, upon scrutinizing the relevant documents, shall decide
whether the investigation is going satisfactorily or not, and if it is deemed
satisfactory, it may grant permission to keep in detention for a maximum period of
six months, not exceeding one month at a time.
(5) While requesting for an extended period of time to keep the accused in
detention under Sub-Section (4), the person in detention may file an application at
the concerned court by detailing all the grounds and reasons proving that his/her
detention is not necessary, if he/she so desires.
∇17. Ipso Facto suspension: In case, any person holding a public post being is
detained by the commission under Section 16 or Sub-section (4) of Section 19,
such person shall be deemed to have been ipso facto suspended from his/her post
for a period of such detention, and in if, the case has been filed against him/her in

∇ Amended by the second Amendment.
11
the Court under Section 18, he/she shall be deemed to have been so suspended
until the case is disposed off. The person so suspended shall be deemed unfit for
any post in the government offices or public institution or any other post which
may cause financial burden to the loan or grant receiv d by the Government of
Nepal.
18. Filing of cases: In case, there exist reasonable grounds to believe, on the basis of
action initiated under this Act, and inquiries and investigations conducted in
respect thereto, regarding a charge of corruption against any person holding a
public post, that he/she has committed such offence, the Commission may ∇order
the investigation officer or any office of the Government of Nepal to file a case
pursuant to the prevailing law.
Chapter V
Inquiries and Investigations
19. Powers of the Commission Relating to inquiries and Investigations :(1)
While conducting inquiries and investigations into abuse of authority under this
Act, the Commission may exercise the following powers:
(a) Issue orders to submit to the Commission, or present to the
Commission within a specific time limit, relevant files or documents
of evidence, or other materials, in the possession of any office or
individual, or
(b) Summon a person against whom charges of abuse of authority have
been made or any person who, in the opinion of the Commission,
possesses knowledge of the relevant facts, inquire s ch persons, and
record their statements and issue questionnaires (Band sawal) in
their name as requires.
(c) Issue an order to the police to arrest a person who does not appear

∇ Amended by the second Amendment.
12
before the commission within the prescribed period even receiving
the notice so issued by the commission.
(2) Upon receiving clarification, or recording statements of the person
against whom charges of abuse of authority have been made, commission may
release him/her after making him/her sign a bond stipulating that he/she will
appear before the Commission as required, or keep him/her on date.
(3) In case there exists a reasonable ground to believe that the person
against whom action has been initiated on charges of corruption may conceal or
destroy evidence against him/her, or hamper or obstruct inquiry and investigations
if he/she is allowed to continue in his/her post, the Commission may write to the
Government of Nepal or concerned institution, as the case may be to suspend
him/her from the post.
(4) In case there exist reasonable ground to believe that the person
against whom action has been initiated on charges of corruption may abscond and
disappear, or in case any property appears to have been damaged, the Commission
may demand security in cash or collateral from him/er pursuant to the prevailing
law and in case such security in cash or collateral is not provided, keep him/her in
detention.
(5) In case the Commission has written to any office or individual to
submit any document or other material, or furnish information about any matter, or
in case the Commission has summoned any person to appear before it:-
(a) In case such office does furnish such document or material within a
reasonable time limit accordingly or does not furnish nformation
relating thereto, the Commission may direct the concer ed Minister
or institution to initiate departmental action against the chief office-
holder of the concerned office.
(b) In case such person does not furnish the document or materials
within a reasonable time limit accordingly, or does not furnish
information relating thereto, or in case such person d es not appear
13
before the Commission, the Commission may fine him/er with an
amount not exceeding one thousand Rupees .
(6) In case any office or individual does not comply with the orders of
the Commission even after the departmental action is taken, or a fine imposed,
pursuant to Sub-section (5), the Commission may issue a warrant of arrest for
arresting and producing the chief office holder or pe son, and have such office or
person furnish such document or material, or provide necessary information. In
case the office holder or person who is arrested in this manner does not furnish
such document or material, or does not provide information relating thereto, the
Commission may issue an order to keep him/her in detention for a period not
exceeding seven days.
(7) In case the Commission has directed that departmental action be
taken or decided to impose a fine under Sub-section (5), and in case the chief
office-holder or the concerned person submits a petition mentioning reasonable
grounds why he/she has not been able to comply with the order of the
Commission, so that such action should not be initiated or such fine should not be
imposed, and in case the reasons appear to be satisfactory, the commission may
cancel the order relating to such directive or fine.
(8) The Commission, if think necessary, shall have uthority to search
or cause to search of any place or to seize any object, document or file as so
required or to copy the document or file pursuant to the prevailing law .
(9) Except in circumstances when the Commission has no power under
this Act to initiate an action, no person holding a public post shall be granted
immunity from disclosing any information on the basis of confidentiality in the
course of proceedings before the Commission.
(10) Every agency or office holder conducting investigations into abuse
of authority shall conduct proceedings in camera, instead of taking open action
leading to publicity; unless there is Prima Facie evidence against whom charges
of abuse of authority has been made.
14
(11) In case a complaint is filed against a person h lding politically
appointed post or a member of the parliament, regarding abuse of authority, the
Commission shall conduct secret inquiries into such complaints. If, in the course
of such inquiries, it is found that there is ground to prove the matters mentioned in
the complaint, then,∇an action shall be initiated under this Act in respect to such
complaint, and the Commission shall inform the Prime Minister of detailed
inquiries in the case of a person holding any politically appointed post and the
Speaker or the Chairperson of the appropriate House in the case of a member of
Parliament.
(12) In course of the investigations or inquiries carried out under this Act,
in case, the charges are not proved on the ground of the collected evidence, the
Commission may issue a terminate order with supporting reasons for the same.
Provided that, this Section shall not be deemed to have obstructed the
proceedings if fresh evidence on are found regarding the complaint.
(13) In case a complaint is terminated pursuant to Sub-Section (12), the
concerned person holding a public post and the complainant shall be so informed.
(14) Notwithstanding anything contained in this Act, in case improper
conduct is found to have been committed in course of the investigation into
corruption or in case corruption is found to have been committed in course of
inquiries into improper conduct, actions shall be taken accordingly.
(15) If an accused helps to the process of investigation and inquiry to be
conducted pursuant to this Act, the Commission may produce him/her to the cause
as a witness and may request for commutation in penalty, fully or partially.

∇ Amended by the second Amendment. Inserted by Second Amendment. Inserted by Second Amendment. Inserted by Second Amendment.
15
Provided that, in case the assistance fails to corroborate through other
proof or evidence or the statement given in the concer ed court is against the
assistance rendered in the Commission, lawsuit may be filed against such person,
notwithstanding anything contained in this Act or any other prevailing law.
20. Appointment of Investigation Officer : (1) The commission may appoint or
designate any Commissioner or any employee of the Commission or any employee
of Government of Nepal or any institution, as an Ivestigation Officer, as so
requiring in order to conduct Preliminary inquiries and investigations into
improper conduct or offense involving corruption under this Act.
Provided that, while appointing or designating the employee of the
government or any institution as an Investigation Officer, the Commission shall
consult with Government of Nepal or the Chief of the concerned institution as the
case may be.
(2) The Investigation Officer appointed or designated by the
Commission under Sub-section (1) may exercise the powers vested in the
Commission under this Act in respect to inquiry and investigation.
Chapter VI
Miscellaneous
∇21. Services may be availed : (1) While conducting investigations and inquires
or initiating other actions thereto pursuant to this Act and other prevailing law,
the Commission, may avail the services of any expert or the specialized agency as
so requires .
(2) In order to avail of service under Sub-Section (1), the Commission shall
appoint the concerned expert or specialized agency and shall conclude an

Inserted by Second Amendment. Inserted by Second Amendment. Inserted by Second Amendment. ∇
Amended by the second Amendment.
16
agreement detailing the functions, to be performed by such expert or specialized
agency, powers may be exercised the terms and conditions to be followed,
procedures, and the remunerations and other facilities they are entitled to enjoy.
(3) In case, the Commission requires the service of employee an
Government of Nepal or of a specialized agency, notwithstanding anything
contained in the prevailing laws, such employee shall be assigned on deputation
for a period of time as requested by the Commission.
21a. Arrangement of the Employees : Government of Nepal shall make
arrangements, as per the approved posts, for the functional operation of the
Commission.
22. Allotment of Functions By Chief Commissioner: In case other
Commissioners also have been appointed in addition to the Chief Commissioner in
the Commission, the Chief Commissioner shall have power to allot work and
prescribe the functions of individual each Commissioner.
23. Secrecy of Information : (1) Any notice or information obtained in the course
of inquiries and investigations into abuse of authori y under this Act, and evidence
received or collected by the Commission, shall not be disclosed to the public, or
the communication media.
Provided that, this provision shall not prejudice the power of the
Commission to conduct inquiries and investigations i to abuse of authority, or
submit report related thereto, or publish notices or particulars necessary for
initiating action,
(2) Notwithstanding anything contained in Sub-section (1), the
Commission may conduct an open probe, inquiry and investigation into any matter
considered by it to be of public importance.

Inserted by Second Amendment.
17
23a. To acquire statement or to freeze transaction: (1) Notwithstanding anything
contained in the prevailing laws, in case, in course of the investigation into charges
of corruption, any person is learnt, from any source, to have been involved in
transactions or have operated an account in banks or financial institutions within
the country or abroad, the Commission may order freezing of such transaction or
account. As ordered by the Commission, the concerned bank or financial
institution must freeze such transactions or account.
Provided that, as regards freezing of transactions or bank accounts in foreign
countries, such transaction or bank account shall be caused to be frozen through
diplomatic channels.
(2) The Commission may impose a maximum fine of fifty thousand Rupees
to the Chief of the concerned bank or financial institution based in Nepal for its
failure to freeze transaction or account pursuant to Sub-Section (1).
(3) The Commission, if deemed necessary in course of the investigation,
may demand a property statement of a person holding a public post or may freeze
such property.
23b. Order to ban issuance of passport or to put it on hold: Notwithstanding
anything contained in the prevailing laws, the Commission may order the
concerned body not to issue a passport to any accused or to put it on hold in case it
has already been issued in view of the gravity of the offence, the circumstances in
which the offence was committed, situation and the degree of offence and the
punishment to be meted if proved guilty.
23c. Restriction to leave place: In case an action has already been initiated under this
Act, the Commission may issue an order prohibiting him/her to leave any place or

Inserted by Second Amendment. Inserted by Second Amendment. Inserted by Second Amendment.
18
to go to any places without the permission of the Commission considering the
seriousness of the offence, the circumstances in whch t e offence was committed
and the punishment to be meted out if proved guilty.
∇24. Punishment for obstruction : In case any person willfully obstructs any action
or process relating to inquiries and investigations u der this Act, the appropriate
Court may punish him/her with a fine of not more than fives thousand Rupees or
with imprisonment for a term not exceeding sixth months, or with both, on the
basis of a report of the Commission.
24a. Provision with regard to service of notice : (1) Notwithstanding anything
contained in the prevailing laws, while issuing a notice in the name of a foreign
national on charges under this Act, such notice shall be issued in the name of the
office or the representative in Nepal, if at all, and this shall be deemed to have
been duly served.
(2) In case the office or representative pursuant to Sub-Section (1) is not
found, notice shall be served to place of main transactions or to the permanent
address or to the address for correspondence of such person in which he/she is
doing transactions through telex, telefax or other m ans of telecommunication or
through postal registry and the notice thus served shall be deemed to have been
duly served.
(3) Notwithstanding anything contained in Sub-Section (1) or (2), this
Section shall not be deemed to become an obstruction in serving notice in the
name of any person residing in a foreign country as per a separate provision of any
treaty to which Government of Nepal or Nepal is a party.

∇ Amended by the second Amendment.
Inserted by Second Amendment.
19
24b. Publication of notification: While issuing a notification or serving a notice to a
person pursuant to this Act or any other prevailing aw, in case, a report has been
received mentioning that the notification could notbe delivered or a notice could
not be served due to not finding. The address of such person or any other reason,
notwithstanding anything in the prevailing laws, the commission shall publish a
public notice twice in the National level news paper (In case of foreign in the
English language daily newspaper) to appear before within 30 days upon
mentioning the briefs of the investigation by the commission or change sheet filed
at the court as the case may be, and such notification or notice shall be deemed to
have been duly delivered or served notwithstanding anything in the other
prevailing law .
24c. Punishment for making false complaints: In case any person without any
reasonable ground lodges a false complaint against ny public servant or a person
holding public post or a person with a mala fide intention of causing injury, the
Commission may fine up to five thousand Rupees to such person if so proved.
25. No Suit To be Entertained Against The Commission, Commissioners Or
Employees of commission :No suit shall be instituted in any court in respect to
any action taken with bona fide intention under this Act by the Commission or any
Commissioner or employee of the Commission, or any employee or office deputed
by the Commission, or to whom the Commission has delegated authority.
26. Cooperation may be obtained by the commission from other offices or
employees: (1) For the purpose of inquiries and investigations i to abuse of
authority, the Commission may obtain the cooperation of any Department or
office of the Government of Nepal, including the Police Headquarters, the
National Investigations Department and their subordinate office, or any institution,
or the services of any employee of such department, office or institution.
Inserted by Second Amendment. Inserted by Second Amendment.
20
(2) In case the nature of the abuse of authority into which the
Commission is conducting inquiries and investigations, makes it necessary to hold
consultations with any expert working in any department, office, or institution, or
to involve such expert in inquiries and investigations, the Commission may
request the concerned department, office or institution to send him/her in
deputation for a specified period.
(3) In case the Commission has sought the cooperation of any
department, office or institution, or any employee working therein, pursuant to
Sub-section ( 1) or Sub-section (2), it shall be th duty of such department, office
or institution or employee to provide such cooperation o the Commission.
27 ........∝
28 Commission May Offer Suggestions : (1) On the basis of facts which come
into its knowledge in the course of action taken by it, the Commission may offer
any of the following suggestions to the appropriate office, office holder or
institution:
(a) In case the Commission feels that any law, decision, order or action
is impractical, undesirable, or inconsistent, and so must be amended,
it may offer suggestions for amendment therein along with the
reasons.
(b) In case the Commission feels that Government of Nepal or any
institution, or any office or office holder of Government of Nepal or
any institution, must remain vigilant on any issue, or must take any
action, it may offer suggestions about what type of vigilance should
be adopted or action taken.
(c) In case the Commission feels that any practice or procedure of
Government of Nepal or any institution if defective, it may offer

∝ Deleted by first Amendment.
21
suggestions along with the reasons and bases to rectify such defects
and solve problems arising therefrom.
(2) Particulars of suggestions offered under Sub-section (1) shall be included in the
annual report to be submitted by the Commission to the majesty under Clause (6) of Article 98 of
the Constitution.1
∇29. Cases may be initiated against retired persons also: (1) nothing contained
in this Act shall be deemed to have prevented the Commission from instituting
cases against any person in respect to corruption committed by him during the
period when he was holding a public post, even after he has retired from such post.
(2) Notwithstanding anything contained in this Act, in case any person
holding a public post is found to have abused powers hen he/she was holding the
public post and it was not possible to initiate action pursuant to this Act
immediately, nothing in this Act shall be deemed to have prevented to take action
against him/her even after retirement from the postf r whatever reasons.
29a. No obstruction in the proceeding and finalization of the case:
Notwithstanding anything contained in the prevailing law, there shall be no
constraints in initiating proceedings or finalizing the case even if the accused or
defendant has died before or after filing of the case under this Act.
29b. Confiscation of property: In case, any property earned by a person holding a
public post or the property increased from it kept in his/her own name or in the
name of any other person is proved to have been earned through corruption under
this Act or other prevailing laws, such property shall be confiscated.
Provided that, in case the ownership of such property has been transferred
to any other person and while transferring the ownership if the amount of such

1 This provision is not mentioned in the article of 119, 120 &121 of Interim Constitution of Nepal, 2063
∇ Amended by the second Amendment.
Inserted by Second Amendment. Inserted by Second Amendment.
22
property has been mentioned, such amount shall be considered as a loan without
any collateral (as good as kapali) .
29c. To order freezing of the property of a foreigner: (1) In case any foreigner,
summoned as per the notice issued by the Commission or pursuant to Section 24a
who fails to appear before the Commission within the stipulated time, possesses
any property or enjoys any right or has any concern in the Nepal, the Commission
may put on hold such property or rights or concern or may issue an order requiring
the foreign national not to take such things outside the country and it shall be the
duty of all to observe such order.
(2) The Commission may impose a fine of up to One Hundred Thousand
Rupees to a person who fails to observe the order issued pursuant Sub-Section (1),
and in case the non-observance of such order has caused any harm, loss to the
Government of Nepal or any public institution, such harm or loss shall also be
recovered from him/her.
∇30. Cases may also be initiated against other persons: (1) In case any person
considered as public servant under the existing law or any other person commits
corruption, the Commission may, under this Act or the prevailing laws, initiate
investigations and inquiries or may file case and may initiate other actions thereto.
(2) While undertaking investigations and inquiries nto cases of corruption
under this Act or under any other prevailing laws committed by a person holding a
public post or by any other civil servant under the pr vailing law, the Commission
may initiate investigations and inquiries, may filecases and take any other action
against any person in case such person is found to have been involved in such
offence.


Inserted by Second Amendment. ∇
Amended by the second Amendment.
23
31. Action to be initiated by only one Agency on charges corruption : In case
action has been initiated against any person on charges of corruption in the same
case in the Commission as well as against other person in other agencies in the
same case, the Commission may make arrangements to provide that such action
may be conducted through a single agency in respect to such charge.
31a. Provision relating to property details: (1) A person holding a public post
from the date of holding of such post, and a person who is in the public post from
the date of commencement of this Section shall submit an updated statement of
their property which is in their own or in their relatives name with source of it and
proof there of within sixty days and each year within sixty days of the expiry of
every fiscal year before the body or authority prescribed by the Government of
Nepal by a notification in the Nepal Gazattee.
(2) In case a person holding a public fails to submit a statement of
his/her property within the stipulated sixty days pursuant to Sub-Section (1), the
Commission shall impose a fine of five thousand Rupees and ask to submit the
statement of the property within the next 30 days. If again the person holding the
public post does not submit the statement of property within the extended
timeframe, the body or authority under Sub-Section (1) may initiate an
investigation against him/her by assuming that the property in his/her own name or
his/her family member's name is illegal.
(3) The property statement so submitted under this Section shall be kept
confidential.
Provided that, the statement may be given to the concerned authority on
demand in course of initiating investigation and iquiry under this Act.

Inserted by Second Amendment.
24
31b. Auction of goods:(1) In case any goods or items seized in connection with
offences punishable under this Act seem likely to develop rust if kept for long or
suffer breakage or cause losses or decay or depreciate or have no owner or are not
likely to be maintained for lack of space, such items or goods shall be auctioned
off upon fulfilling procedures as mentioned in the pr vailing law.
(2) The amount received from the auction shall be credited in a deposit
bank account. In case such items are declared to be given to the concerned owner,
only the amount received from auction of such items shall be refunded.
32. Commission may regulate its Working Procedure: The Commission may
regulate its working procedure itself.
33. Annual Reports: The Commission shall submit to the President an an u l
report on the works it has performed in accordance with this Constitution; and the
President shall arrange to submit such report to the Legislature-Parliament
through the Prime Minister.
∇34. Adjudicating authority: (1) The power to hear a case filed under this Act shall
be vested in the court as prescribed by the Governmnt of Nepal upon publishing a
notification in the Nepal Gazette.
(2) The court prescribed pursuant to of Sub-Section (1), while initiating and
finalizing cases lodged under this Act, shall exercise the power and procedure as
the special court under the prevailing law.
(3) The verdict handed down by the court pursuant to Sub-Section (1)
shall be appealed at the Supreme Court.

Inserted by Second Amendment. According to the Article 121 of Interim Constitution, 2063
∇ Amended by the second Amendment.
25
(4) Government of Nepal shall be the plaintiff in cases instituted under this
Act on charges of corruption.
∇35. To initiate cases: (1) In case any person holding a public post or any public
servant under prevailing laws or other person is found to have committed an
offence of corruption, the Commission, itself under this Act or any other
prevailing law, shall file a lawsuit, appeal or review petition in its own name or
through the authority designated by it.
(2) The government attorney or an attorney appointed by the Commission
in coordination with the Office of the Attorney General shall plead, advocate or
defend on cases filed pursuant to Sub-Section (1).
35a. Provision for reward: The Commission may give a due reward to any person
who helps the Commission in investigation, inquiries or in collecting evidence
about an offence, which is punishable under this Act.
35b. The Commission may carry out other functions: (1) The Commission may
maintain necessary coordination with the national or international institutions
established with the objective of controlling or preventing corruption or enhance
relation or mutual cooperation with such institutions.
(2) The Commission, if deemed necessary may carry out research and
develop processes to prevent corruption or improper conduct through promotional
activities with a view to promoting information on such matters.
35c. Appeal: One may appeal, against the order handed down by the Commission for
any fine or realizing any amount of money or other order, before the concerned
court.

∇ Amended by the second Amendment.
Inserted by Second Amendment. Inserted by Second Amendment. Inserted by Second Amendment.
26
35d. As per prevailing laws: Matters contained in this Act shall be taken as per
this Act and in other matters action shall be taken as per other prevailing laws.
36. Provisions regarding complaints or actions transferred from the
Commission for the Prevention of Abuse of Authority : (1) Petitions and
complaints transferred to the Commission under Clause (5) of Article 130 of the
Constitution shall be deemed to have been filed under this Act and the
Commission subject to the provisions of this act thereto shall take action
accordingly.
(2) If inquiries and investigations have been completed, but no suit yet have
been filed, the Commission may treat the action as terminated under this
Act, or send it to the concerned office for further action, or issue an order
under Section 18 to file a suit in the concerned Court.
37. Power to frame Rules: The Commission may frame Rules in order to
implement this Act, Such Rules shall come into force after they are published in
the Nepal Gazette.
38. Repeal : The Commission for the Prevention of Abuse of Authority Rule, 2034
(1977) has been repealed.
Note : (1) The words changed by The Act Amending Some Nepal laws, 2063 :-
"Government of Nepal" Instead of "His majesty's Government"
(2) The following words are changed by commission fr the abuse of Authority (second Amendment) Act, 2059 (2003)
(a) "Public Institution" instead of "Institution"
(b) " Concerned Court" instead of "Appellate Court"


Inserted by Second Amendment.