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Section 19
Powers of Commission on Investigations and Investigations
(1) In accordance with this Act, the Commission may exercise the following powers while investigating and investigating abuse of authority:-
(a) ordering any office or person to send to the Commission or to submit to the Commission within a specified time any document or document of evidence or any other matter in possession of any office or person, or
(b) A person accused of abuse of authority or a person whom the Commission considers to have knowledge of the relevant facts shall appear before the Commission and interrogate him and take his statement or issue a closed question in his name as required.
(c) After receiving the notice to appear before the commission, order the police to arrest the person who does not appear before the commission within the time limit set by the commission, regardless of where he is.
(2) The person accused of abuse of authority may be released or put on a date after the Commission has taken the explanation or statement and produced the document to appear at the time of search.
(3) If there is a mental reason that a person who has been prosecuted for corruption may destroy or destroy the evidence against him while still in office, or may disrupt the investigation and investigation, the Commission may send a written notice to the Government of Nepal or the relevant public institution, as the case may be, to suspend such person from office.
(4) If there is any mental reason to believe that the person prosecuted on corruption charges may abscond and disappear or if it is found that there has been a serious loss, the commission may ask him for bail or bail as per the prevailing law and if such bail or bail is not given, he may be detained.
(5) Where the Commission has sent any office or any person in writing to produce any document or any other thing or to give information about any matter or has ordered any person to appear before the Commission,-
(a) According to this, if the said office does not submit such documents or items or does not provide information within a reasonable time, the commission may instruct the relevant minister or public institution to take departmental action against the chief officer of the relevant office.
(b) AccordinglyIf such a person does not submit documents or items or does not provide information within a reasonable time, or if such a person does not appear before the commission, the commission may fine him up to one thousand rupees.
(6) If any office or person does not comply with the order of the Commission even after the departmental action or fine has been imposed according to sub-section (5), the Commission shall issue an arrest warrant to arrest and present the chief officer of that office or such person and make him submit such document or item or obtain necessary information. can If the officer or person arrested in such a manner does not submit such documents or items or does not provide information, the Commission may order him to be detained for a maximum of seven days.
(7) In accordance with sub-section (5), if the chief officer of the relevant office or the concerned person is unable to comply with the commission's order for the decision of the commission to take departmental action or to impose a fine, if the commission submits a petition stating that such action or fine should not be imposed, and if the reason is satisfactory, the commission shall issue the directive. Or can cancel the penalty order.
(8) The Commission shall have the right to search or cause to be searched any place according to the prevailing laws and to seize any item, paper or missile deemed necessary during such search or to take a copy of such document or missile.
(9) A person holding a public position shall not be exempted from disclosing any information on the basis of confidentiality in proceedings before the Commission except in cases where the Commission has no authority to conduct proceedings in accordance with this Act.
(10) Any agency or official who conducts investigations related to abuse of authority shall keep it secret without taking any open action so as to make it public unless there is general evidence that the person accused of abuse of authority has committed it.
(11) If a complaint is received against a person holding a political appointment or a member of Parliament regarding abuse of authority, the Commission shall investigate such complaint in a confidential manner. If there is any basis to prove the things written in the complaint during such investigation, that isIn relation to such complaints, the Commission shall inform the Prime Minister in the case of a person holding a position of political appointment and the speaker or chairman of the relevant assembly in the case of a member of the Parliament, along with the details of the investigation.
(12) In the course of investigation and investigation in accordance with this Act, if the allegations cannot be proved based on the collected evidence, the Commission may file a complaint with reasons and keep it in custody. However, if any new evidence is found later, this section shall not be deemed to be an impediment to re-investigation and investigation in relation to such complaint.
(13) According to sub-section (12), if a decision is taken to keep the complaint under investigation, the notification shall be given to the person holding the relevant public office and the complainant.
(14) Notwithstanding anything written elsewhere in this Act, if any improper act is found to have been committed during the investigation and investigation regarding corruption, action will be taken against the improper act, and if corruption is found to have been committed during the investigation and investigation regarding the improper act, action will be taken for corruption.
(15) The Commission may present the accused who cooperates in the investigation work as per this Act as its witness and give full or partial exemption to the demand for punishment. However, if his cooperation is not proven by other evidence or evidence or if he gives a statement before the relevant court in such a way that his cooperation with the commission is unfavorable, then the case can be filed against him again regardless of what is written in this act or the prevailing law.