Commissions and Oversight

Commission for the Investigation of Abuse of Authority

The anti-corruption oversight commission.

Sections5

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Article 235. Coordination between Federation, Province and Local Level

(1)The Federal Parliament shall make necessary laws in order to maintain coordination between the Federation, Province and Local Level.
(2)The Provincial Assembly may maintain coordination between the Province and Rural Municipalities or Municipalities and settle political disputes, if any, that have arisen, in coordination with the concerned Rural Municipality, Municipality and the District Coordination Committee.
(3)The processes and procedures for the settlement of disputes referred to in clause (2) shall be as provided for in the provincial law.

Article 236. Inter-Province Commerce

Notwithstanding anything contained elsewhere in this Constitution, it is prohibited to make any type of obstruction to the carriage of goods or extension of services by a Province or Local Level to another Province or Local Level or to the carriage of goods or extension of services to any Province or Local Level or to levy tax, fee or charge thereon or to make any type of discrimination on the carriage or extension of such services or goods.

Article 237. Not to Affect Jurisdiction of Constitutional Bench of Supreme Court

Nothing contained in this Part shall affect the jurisdiction of the Constitutional Bench of the Supreme Court referred to in Article 137. www.lawcommission.gov.np

Article 238. Commission for the Investigation of Abuse of Authority

(1)There shall be a Commission for the Investigation of Abuse of Authority of Nepal consisting of the Chief Commissioner and four other Commissioners. The Chief Commissioner shall act as the Chairperson of the Commission for the Investigation of Abuse of Authority.
(2)The President shall, on recommendation of the Constitutional Council, appoint the Chief Commissioner and Commissioners.
(3)The term of office of the Chief Commissioner and Commissioners shall be six years from the date of appointment.
(4)Notwithstanding anything contained in clause (3), the office of the Chief

Commissioner or a Commissioner shall fall vacant in any of the following circumstances: -

(a)In case he or she tenders resignation in writing to the President;
(b)In case he or she attains the age of sixty-five years,
(c)In case a motion of impeachment is adopted against him or her pursuant to Article 101;
(d)In case he or she is removed from office by the President on recommendation of the Constitutional Council on grounds of his or her inability to hold office and discharge the functions due to physical or mental illness;
(e)In case he or she dies.
(5)The Chief Commissioner and Commissioners appointed pursuant to clause
(2)shall not be eligible for reappointment. Provided that a Commissioner may be appointed to the office of Chief

Commissioner, and when a Commissioner is so appointed as the Chief Commissioner, his or her term of office shall be so computed as to include his or her term as the Commissioner. www.lawcommission.gov.np

(6)A person shall be eligible to be appointed as the Chief Commissioner or a

Commissioner of the Commission for the Investigation of Abuse of Authority in case he or she possesses the following qualifications:-

(a)One who has acquired a bachelor's degree from a recognized university;
(b)One who is not a member of any political party at the time of appointment;
(c)One who has gained at least twenty years of experiences in the field of either accounting, revenue, engineering, law, development or research and being a distinguished person;
(d)One who has attained the age of forty-five years; and
(e)One who bears high moral character.
(7)The remuneration and other terms and conditions of service of the Chief

Commissioner and the Commissioners shall be as provided for in the federal law. The remuneration and terms and conditions of service of the Chief Commissioner and the Commissioners shall not, so long as they hold office, be altered to their disadvantage. Provided that this provision shall not apply in cases where a state of emergency is declared because of extreme economic disarrays.

(8)A person once appointed as the Chief Commissioner or Commissioner shall not be eligible for appointment in other government service.

Provided that nothing in this clause shall be deemed to be a bar to the appointment to any political position or to any position which has the responsibility of making investigations, inquiries or findings on any subject, or to any position which has the responsibility of submitting advice, opinion or recommendation after carrying out a study or research on any subject.

Article 239. Functions, Duties and Powers of Commission for the Investigation of Abuse of

Authority: (1) The Commission for the Investigation of Abuse of Authority may, in accordance with law, conduct, or cause to be conducted investigations of any abuse of