Impeachment (Regulation of Procedure) Act, 2059 (2002)


Published: 2002

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Impeachment _Regualtion of Procedure_ Act, 2059 E

Impeachment (Regulation of Procedure) Act, 2059
(2002)
Date of Authentication and Publication
2059.6.10 (26 Sept. 2002)
Amendment:
Republic Strengthening and Some Nepal
Laws Amendment Act, 2066 (2010) 1 2066.10.7 (21 Jan. 2010)

Act Number 11 of the Year 2059 (2002)
An act made to provide for provisions to regulate the
Procedures of the Impeachment
Preamble: Whereas, the Interim Constitution of Nepal 2063 (2006)2 has
provided for provisions on the proceedings of impeachment against sitting
officials of constitutional bodies; and
Whereas, it is expedient to provide for legal provisions to regulate the
procedure of impeachment;
Now, therefore, be it enacted by the Parliament in the First year of reign of
His Majesty the King Gyanendra Bir Bikaram Shah Dev.
1. Short Title and Commencement: (1) This Act may be called
"Impeachment (Regulation of Procedure) Act, 2059 (2002)".
(2) This Act shall come into force immediately.

1 This Act come into force from 15 Jestha 2065 and "Prasati" has been deleted. 2 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.


2. Definition: Unless the subject or context otherwise requires, n this Act;-
3(a) "Officials of constitutional bodies" means sitting officials of
constitutional bodies appointed on the recommendation of the
Constitutional Council pursuant to Sub-article (1) of Article 149 of
the Interim Constitution of Nepal, 2063 and this expr ssion also
includes the sitting judges of the Supreme Court.
(b) "Incompetence" means a condition where an official of
constitutional body becomes unable to discharge his/her official
duties due to physical or mental reasons
(c) "Misconduct” means a condition where an official of constitutional
body lacks conduct in consonance with his/her office and this
expression also includes an act to be deemed corrupti n ursuant to
prevailing law.
(d) "Failure to discharge the duties of office honestly" means a
condition where an official of constitutional body fails to discharge
the duties of his/her office in good faith.
(e) "Inquiry Committee" means an Inquiry Committee o be constituted
pursuant to Sub-section (1) of Section 4.
3. Motion of impeachment may be submitted: (1) At least Twenty Five
percent members of Legislature Parliament4 may submit a motion of
impeachment against any of the officials of constitutional bodies to remove
him/her from his/her office in any of the following circumstances:
(a) If an official of constitutional body becomes
incompetent to discharge the duties of his/her office;
(b) If an official of constitutional body shows misconduct;
3 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066. 4 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066.


(c) If an official of constitutional body fails to discharge
the duties of his her/ office honestly.
(2) Members who intend to submit a motion pursuant to Sub-section
(1) shall have to give a notice thereof with such motion to the Speaker of
Legislature Parliament5 through the General Secretary of Legislature
Parliament6 upon setting out the reasons and grounds of the motion.
(3) The evidence which supports the motion pursuant to Sub-section
(2) shall have to be submitted along with such motion as far as possible.
(4) After receiving the motion pursuant to Sub-section (2) the
Speaker shall fix the date and time for the submission and discussion of the
motion in the meeting of Legislature Parliament7 and shall give a notice
thereof to the members of Legislature Parliament.8
4. Constitution of Inquiry Committee: (1) Legislature Parliament9 shall,
for making an inquiry into the reasons and grounds mentioned in the
motion received pursuant to Sub-section (2) of Section 3, constitute a
Inquiry Committee, which consists of not exceeding Eleven members to be
represented from more than One political party as far as possible and a legal
expert.
(2) A person who has already been a justice of Supreme Court or
a person who is eligible to be a justice of Supreme Court may be qualified
to be a legal expert member in the committee pursuant to Sub-section (1)
(3) Legal expert shall take an oath of this/her office before Speaker
prior to undertaking of his/her office.
5 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066. 6 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066. 7 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066. 8 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066. 9 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066


(4) Among the members of Legislature Parliament10 the member as
prescribed by the Legislature Parliament11 shall be the chairperson of the
Inquiry Committee.
(5) Inquiry Committee shall, as far as possible, make decision
unanimously and if it fails to take unanimous decision the decision of
majority members shall be deemed as the decision of I quiry Committee.
5. Office and employees of inquiry committee: (1) The office of inquiry
Committee shall be located in the place as prescribed by the Speaker.
(2) The Secretariat of Legislature Parliament12 shall provide
employees as may be required for the function of the Inquiry Committee
(3) Notwithstanding anything contained in Sub-section (2), the
Government of Nepal shall, on the request of the inquiry committee,
provide employees of the Government of Nepal or of the body owned by it
for the function of inquiry committee.
6. The tenure of inquiry committee: The tenure of inquiry committee
shall be Three months.
Provided that, if there are reasonable grounds, the speaker may
extend the term of Inquiry Committee for not exceeding Thirty days.
7. Powers of inquiry Committee: (1) The Inquiry Committee shall have
following powers in the course of holding an investiga ion and inquiry into
the reasons and grounds mentioned in the motion submitted pursuant to
Sub-section (2) of Section 3
(a) To issue summon, notice or banda sawal as per
necessity for Summoning and enforcing the attendance 10 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066 11 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
12 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066


of accused official of constitutional body or any other
person before the Inquiry Committee.
(b) To order a person, body or an official to produce a
document or evidence before the Inquiry Committee
within such time as prescribed by it.
(c) To record the statement of accused official of
constitutional body.
(d) To conduct inquiry with, or to record the statement of,
any person, expert, witness or any other person who
knows the relevant fact of inquiry.
(e) To perform or cause to perform any other necessary
acts or activities relevant to the investigation.
(2) In case inquiry committee is constituted to probe into accusation
of corruption against an official of constitutional body, the committee may
also exercise the powers conferred on investigating officer pursuant to the
prevailing law of corruption.
(3) Normally, the proceedings of inquiry to be held pursuant to this
Act, shall be in camera (confidential) and no one other than the accused
official of constitutional body, his/her lawyer, if any, the person and expert
who is deemed necessary by the Inquiry Committee in the course of
investigation and the employees who are deputed in the work of inquiry
committee shall be permitted to attend or take partin the proceedings of
inquiry.
(4) The Inquiry Committee may impose a fine upto Ten Thousand
Rupees on a person who breaches summon notice or Banda Sawal issued
pursuant to this Act, or fails to produce the document or evidence sought by


the committee or contravenes an order issued by it or hinders on an act or
activity of the inquiry committee.
Provided that, in case such person submits an application to the
Inquiry Committee upon setting out the reasonable grounds of failure to
produce such document and evidence before it and if such grounds are
appropriate the Inquiry Committee may remit the fine imposed on such
person wholly or partially.
8. Procedures of inquiry: (1) The Inquiry Committee shall prepare a
charge-sheet against accused official of constitutional body upon setting out
the reasons and grounds mentioned in the motion of impeachment and shall
give a reasonable opportunity to the accused person to submit his/her
clarification along with the said charge-sheet.
(2) The charge-sheet pursuant to Sub-section (1) shall contain inter
alia, the following matters:
(a) A summary of particulars of the charge mentioned in
the motion of impeachment,
(b) The grounds of charge and the evidence thereof, if any,
(c) The particulars and evidence as mentioned in Clauses
(a) and (b) of each charges if the motion of
impeachment is submitted for more than One charges
at the same time,
(d) Other necessary matters.
(3) If the official of constitutional body fails to submit his/her
clarification within a time given pursuant to Sub-section (1) or if the
inquiry committee finds that the said clarification is not reasonable, it shall
decide as to whether the motion of impeachment is rea onable or not.


9. Medical Board may be constituted:(1) Where it is alleged that an
official of constitutional body is unable to discharge the duties of his/her
office because of incompetence and in the course of inquiry if the allegation
is denied by him/her in his/her clarification, the inquiry committee may, on
the consultation of Speaker, constitute a medical bo rd which consists of
Three concerned specialist to carry out medical examin tion of his/her
physical or mental condition.
(2) The Medical Board pursuant to Sub-section (1) shall undertake
medical examination of the physical or mental condition of the concerned
official of constitutional body and submit a report about the physical or
mental condition of such person to the inquiry committee along with the
reasons and grounds thereof within such time as may be specified by the
inquiry committee.
(3) If the concerned official of constitutional body refuses to
undergo medical examination of his/her physical or mental condition before
the Board constituted pursuant to Sub-section (1) or fails to attend before
such Board within the time frame prescribed by it for medical examination,
such Board shall submit a report thereof to the inquiry committee.
(4) After receiving the report pursuant to Sub section (3), except
otherwise proved it shall be presumed that an official of constitutional
body, who refused to undergo medical examination of his/her physical or
mental condition, is unable to discharge the duties of his/her office because
of physical or mental reason and the inquiry committee shall take a ground
to that matter in its report.
10. Special provisions of inquiry on allegation of corruption: (1)
Notwithstanding anything contained elsewhere in this Act, in case a
committee is constituted pursuant to Section 4 to hold an investigation on
the allegation of corruption against an official of constitutional body, the


inquiry committee may hold itself an inquiry or investigation or may take
co-operation of any appropriate person or body for ca rying out such
inquiry and investigation. It shall be the duty of the concerned person or
body to provide co-operation to the committee.
(2) The person or body pursuant to Sub-section (1) shall submit its
report to the inquiry committee along with its opinio and conclusion after
holding an inquiry and investigation pursuant to the prevailing law of
corruption.
(3) The inquiry committee shall make its decision including on the
basis of the report received pursuant to Sub-section (2).
11. Submission of report: (1) The Inquiry Committee shall, after making
decision pursuant to Sub-section (3) of Section 10, submit a report thereof
to the Speaker.
(2) The report to be submitted to the speaker pursuant to Sub-section
(1) shall set out; inter alia, the following matters:
(a) Summary particulars of inquiry,
(b) The matter of decision or conclusion made by the
inquiry committee in the course of inquiry,
(c) The grounds and evidence taken as a basis to decide or
conclude pursuant to Clause (b),
(d) The particulars of opinion given by an expert o
authority, if any,
(e) The particulars of report received pursuant to Sub-
section (2) of Section 10 in case inquiry was held as
regards to the misconduct involving corruption.


(f) Any other necessary matters taken as a basis to prove
or disprove the charge.
12. Motion to be considered: (1) The Speaker shall submit the report
received pursuant to Section 11 to the Legislature Parliament.13
(2) The report received pursuant to Sub-section (1) shall be intrigal
part of the motion submitted pursuant to Sub-section (2) of Section 3.
(3) In case the motion pursuant to Sub-section (2) of the Section 3 is
approved by the Legislature Parliament,14 it shall be deemed to be passed
the motion of impeachment against the accused official of constitutional
body. official.
13. ...............15
1614. To be relieved from the office: If the motion pursuant to Sub-section
(2) of Section 3 is passed by the Legislature Parliament against an accused
official of constitutional body, he/she shall, ipso facto be relieved of his/her
post.
15. Case to be filed: (1) If an official of constitutional body is reli ved of
his/her office in the charge of corruption pursuant to this Act, a case of
corruption shall be filed against him/her pursuant to prevailing law.
(2) The report submitted by the inquiry committee shall be taken as
the evidence in the case filed pursuant to Sub-section (1).
13 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
14 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066
15 Repealed by Republic Strengthening and Some Nepal Laws Amendment Act, 2066. 16 Amended by Republic Strengthening and Some Nepal Laws Amendment Act, 2066