You are viewing the translated version of अख्तियार दुरुपयोग अनुसन्धान आयोग.
Article 238
Abuse of Authority Investigation Commission
(1) There shall be an Authority Abuse Investigation Commission in Nepal consisting of a Chief Commissioner and four other commissioners. The chief commissioner will act as the chairman of the abuse of authority investigation commission.
(2) The President shall appoint the Chief Commissioner and the Commissioner on the recommendation of the Constitutional Council (3) The term of office of the Chief Commissioner and the Commissioner shall be six years from the date of appointment (4) Notwithstanding anything contained in sub-section (3), the office of Chief Commissioner or Commissioner shall be vacant in any of the following cases:-
(a) If he tenders his resignation in writing to the President,
(b) If he attains the age of sixty-five years,
(c) If the resolution of impeachment is passed against him in accordance with Article 101,
(d) If, on the recommendation of the Constitutional Council, the President dismisses him from office on the recommendation of the Constitutional Council that he is unable to perform his duties while in service due to physical or mental infirmity,
(e) In case of his death.
(5) The chief commissioner and the commissioner appointed under sub-section (2) cannot be re-appointed. However, the commissioner can be appointed to the post of chief commissioner and if such commissioner is appointed to the post of chief commissioner, the tenure of the commissioner will also be counted as a pair.
(6) A person having the following qualifications shall be eligible for appointment to the post of Chief Commissioner or Commissioner of the Commission for Investigation of Abuse of Authority:-
(a) Graduated from a recognized university,
(b) Not being a member of any political party at the time of appointment (c) having gained experience and reputation by working in the field of accounting, revenue, engineering, law, development or research for at least twenty years,
(d) having completed the age of forty-five years, and
(e) Having high moral character.
(7) The remuneration and service conditions of the Chief Commissioner and the Commissioner shall be in accordance with the federal law. As long as the Chief Commissioner and the Commissioner remain in their posts, the remuneration and conditions of service will not be changed to the detriment of them. But this arrangement will not be applicable in the case of declaration of emergency due to extreme economic disorder.
(8) Chief Commissioner orA person who has already qualified will not be eligible for appointment in other government services. However, nothing written in this sub-section shall be deemed to be a hindrance to being appointed to a political position or to a position to investigate, investigate or investigate a subject or to submit an opinion, opinion or recommendation after studying or investigating a subject.
(2) The President shall appoint the Chief Commissioner and the Commissioner on the recommendation of the Constitutional Council (3) The term of office of the Chief Commissioner and the Commissioner shall be six years from the date of appointment (4) Notwithstanding anything contained in sub-section (3), the office of Chief Commissioner or Commissioner shall be vacant in any of the following cases:-
(a) If he tenders his resignation in writing to the President,
(b) If he attains the age of sixty-five years,
(c) If the resolution of impeachment is passed against him in accordance with Article 101,
(d) If, on the recommendation of the Constitutional Council, the President dismisses him from office on the recommendation of the Constitutional Council that he is unable to perform his duties while in service due to physical or mental infirmity,
(e) In case of his death.
(5) The chief commissioner and the commissioner appointed under sub-section (2) cannot be re-appointed. However, the commissioner can be appointed to the post of chief commissioner and if such commissioner is appointed to the post of chief commissioner, the tenure of the commissioner will also be counted as a pair.
(6) A person having the following qualifications shall be eligible for appointment to the post of Chief Commissioner or Commissioner of the Commission for Investigation of Abuse of Authority:-
(a) Graduated from a recognized university,
(b) Not being a member of any political party at the time of appointment (c) having gained experience and reputation by working in the field of accounting, revenue, engineering, law, development or research for at least twenty years,
(d) having completed the age of forty-five years, and
(e) Having high moral character.
(7) The remuneration and service conditions of the Chief Commissioner and the Commissioner shall be in accordance with the federal law. As long as the Chief Commissioner and the Commissioner remain in their posts, the remuneration and conditions of service will not be changed to the detriment of them. But this arrangement will not be applicable in the case of declaration of emergency due to extreme economic disorder.
(8) Chief Commissioner orA person who has already qualified will not be eligible for appointment in other government services. However, nothing written in this sub-section shall be deemed to be a hindrance to being appointed to a political position or to a position to investigate, investigate or investigate a subject or to submit an opinion, opinion or recommendation after studying or investigating a subject.