Archive ref no: NCA-21062 अभिलेखालय सि. नं.: NCA-21062
NOTICE OF THE PRESS SECRETARIAT OF HIS MAJESTY THE KING
His Majesty the King has issued the following Orders in accordance with Article 115 (7) of the Constitution of the Kingdom of Nepal - 1990:
His Majesty has constituted Royal Commission for the Control of Corruption to effectively enforce the anti-corruption mechanism and also specified its rights, duties and responsibilities.
- 1. Constitution of the Commission:
- 1.1. The Chairman and members of the Commission are as follows:
- a. Mr Bhakta Bahadur Koirala Chairman
- b. Mr Shambhu Prasad Khanal Member
- c. Mr Haribabu Chaudhari Member
- d. Mr Raghuchandra Bahadur Singh Member
- e. Mr Prem Bahadur Khati Member
- f. Justice Shambhu Bahadur Khadka, District Court, Kaski Secretary
- 1.2. His Majesty may make changes in the members of the Commission as necessary.
- 1.3. His Majesty may designate or appoint an individual as secretary to function as the secretary and administrative chief of the Commission.
- 2. Functions, powers and duties of the Commission:
- 2.1. The Commission shall investigate and initiate action against any individual on the basis of complaints or information received from any source on matters pertaining to the following:
- a. Involvement in smuggling or tax evasion
- b. Involvement in illegal contracts or commissions
- c. Involvement in activities considered corruption under existing laws
- 2.2. In matters pertaining to the following, the Commission shall exercise all the powers as enjoyed by the courts of law in accordance with existing laws.
- a. Summoning any person before the Commission and recording his/her statements.
- b. Ordering any person to submit written testimonials.
- c. Examining evidence.
- d. Asking for any written material or its copy from any government or public office, court of law or constitutional body.
- 2.3. The Commission may fix a definite timeframe, as it considers appropriate, to have any person to be present before it, have any document submitted to it or to examine any evidence as per clause 2.2.
- 2.4. Besides the aforementioned powers, the Commission shall also enjoy the powers vested on a investigation officer as per the existing anti-corruption laws and those given to the Special Court as per the Special Court Act - 2059 B.S.
- 3. Premises of the Commission:
- The Commission will be based in Kathmandu Valley and it can also set up its bases in any place in the Kingdom of Nepal.
- 4. Cooperation to the Commission:
- It shall be the duty of all concerned to extend cooperation to the Commission in the discharge of its duties.
- 5. Contempt of the Commission:
- The Commission can take action in contempt cases against it and sentence the guilty to six months imprisonment or a fine of up to Rs.10,000/- or both. But if the accused asks for pardon to the satisfaction of the Commission, it can absolve or reduce the sentence.
- 6. Punishment and appeal:
- 6.1. The Commission shall have the right to punish, in accordance with prevalent laws, any person found guilty of a crime as per the existing anti-corruption laws.
- 6.2. Any person who disagrees with the decision handed down by the Commission in accordance with 6.1. may register an appeal at the Supreme Court within 35 days.
- 7. Confiscation of property:
- The Commission shall have the right to confiscate, if proved, property earned through any means considered as corruption in accordance with the prevalent laws as well as any other property added on this property, whether it is in the individual's or someone else's name. The property so confiscated will be nationalised.
- 8. Punishment for obstruction:
- The Commission can impose a fine of up to Rs.5,000/- or sentence of up to six months or both if any individual causes obstruction in the investigation and action carried out in accordance with this Order.
- 9. Employees of the Commission:
- 9.1. The Commission can appoint or bring on deputation the required employees from His Majesty's Government.
- 9.2. The criteria and terms for recruitment shall be as fixed by the Commission.
- 10. Remuneration and privileges:
- 10.1. The remuneration and privileges of the chairperson, member and secretary of the Commission shall be as fixed by His Majesty.
- 10.2. The Commission shall fix the remuneration and privileges of employees appointed or deputed to the Commission.
- 11. Reward:
- The Commission must keep confidential the names of individuals providing information relating to corruption and those assisting in the collection of evidence. The Commission can also reward individuals who provide assistance.
- 12. Working procedure of the Commission:
- Additional working procedures, other than those mentioned in this Order, shall be regulated by the Commission itself.
- 13. Removal of obstacles:
- No part of this order shall obstruct any agency or official from investigating, probing, filing cases and handing down verdicts on corruption cases in accordance with prevailing laws.
- 14. Submission to His Majesty:
- The Commission shall make a submission to His Majesty the King if office-bearers of the courts of law and constitutional bodies are found involved in activities regarded as corruption as per the existing laws.
- 15. Tenure of the Commission:
- The tenure of the Commission shall be as fixed by His Majesty.
- 16. Oath of Office:
- His Majesty shall administer the oath of office and secrecy to the chairperson of the Commission, while the Commission's chairperson shall administer the oath to the members and secretary.
- 17. Matters mentioned in this Order shall be carried out as per the Order and others shall be as per the existing laws.