CIAA Act 2048 provides authority to The Commission for the Investigation of Abuse of Authority (CIAA) to investigate and prosecute the Corrupted Officials.
Like many other countries, corruption has been a big problem in Nepal. It is the major obstacle to economic and political reforms, accountability, transparency, and good governance. Corruption has trickled into both private and public sectors, and into almost all walks of life.
The CIAA Nepal is a supreme constitutional body for corruption control. It is the distinctive anti-corruption agency in Nepal. It has the role of an ombudsman, investigator, and prosecutor.
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CIAA Act 2048
CIAA carries out inquiries and investigations into corrupt and improper conduct committed by persons holding a public office. It has the authority to investigate all officials from the Prime Minister to low-ranking public servants.
Based on the findings, the Commission may file a case against persons alleged to have committed corruption in a court of law. It derives its authority from the constitution.
CIAA can investigate and file a case against the activities of abuse of authority and corruption done by public officials. The CIAA shall not look into allegations relating to corruption in the private sector.
Similarly, it does not have the right to investigate and prosecute matters regarding the prime minister, army officials, diplomatic persons, foreign officials, ministers, and judges. CIAA jurisdiction is thus, limited and restricted.
The commission forward recommendations against government officials but the department ignore such recommendations. so, the provision of the CIAA act is ineffective to control corruption.
CIAA act provides authority to CIAA only to investigate, prosecute and inquire but not make charge itself. So it is a toothless authority.
The government has made effort to control corruption by creating various institutions and related legal instruments. Still, the problem of corruption has been increasing.
The major contributing factor to corruption is a social, economic, political, and legal factor. Political commitment, strong legal instruments, and strong enforcement mechanisms are needed for the control of corruption.
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