Chapter-5 Miscellaneous

Chapter-5
Miscellaneous

30. Amount may be made available for Bribe:

(1) In connectionwith In vest igat ion of a complaint filed at the Commission that any
person assumin g public office has asked for bribe, the Commissionmay make ava ilable amount as bribe to such person a ssumin gpublic office through it s own employee s or through thecomplainant or any other person.
(2) No action shall be taken against and no punishment shallbe imposed on, any employee or person makin g ava ilable bribeamount pursuant to sub-rule (1).
31. Details of those not submitting statement of property to be
made available:

(1) Details o f the person assumin g public officewho does not submit statement of properly within the time limit
pursuant to Sub-section (1) of section 31A. o f the Act shall bemade available to the Commission by the agency or offic ialprescribed for the purpose of the same Sub-section within thirtyfive
days.
(2) The agency or offic ial prescribed for the purpose of Subsection(2) of section 31A. of the Act shall conduct In vest igat ionwith regard to the person not submittin g the statement of propertyeven within the time limit extended pursuant to section 31A, (2) ofthe Act on the presumption of amassin g unlawful property and
shall make available report thereof to the Commission withinthirty days.
(3) While conducting In ve stigation by the Commission forabuse of authority aga inst the person assumin g public office, therecord of statement o f property may be sought from the concernedagency or offic ial or such person maybe asked to submit statementof property up to a prescribed time havin g given him/her a
]reasonable time.

(4) The Commission may conduct Inve stigation as per lawupon taking the in formation, statement of property and probereports received at the Commission as per these Rules a s acomplaint or evidence.
32. Record of Freeze Property to be maintained: (1) In case animmo vable property or ca sh amount or bank guaranty has beentaken as securit y deposit from or on behalf of any accu sed inconnection with In ve stigation of a complaint filed at theCommission, a central record thereof must be ma intained.
(2) In the record re ferred to in Sub-rule (1), the name,surname and address of the accused ; if the security is given by thethird person, his/her name, surname, address; details o f theproperty; date of order for freez in g, the offic ial givin g order forfree zin g; the office freez in g property, date and dispatch number ofthe letter written for freez in g property and complaint registrationnumber shall be mentioned.
33. Releasing Freeze a property: (1) In case an immo vableproperty or cash amount or bank guaranty has been taken a ssecurity deposit from or on behalf of any accu sed in connectionwith In vest igat ion of a complaint filed at the Commission, suchfree zed property or bank guaranty or a ssets deposited as secur ityshall be released after the termination of the complaint.
(2) If a ca se has been filed by the Commission and the casehas been decided acquitting the defendant, the bank guaranty orasset s deposited by or on behalf o f the accused shall be releasedand deposited amount shall be refunded if it is decided by theCommission not to file appeal or submit review petition.
34. Expenses to be certified: With regard to expense s incurred byany employee or In vestigation team in connectionwith anIn ve stigation in such cir cumstances that bill or receipt may not be
taken, the Secretary shall certify such expense s on the basis o fdetails submitted by such employee or team leader.
35. Coordination committee may be formed: (1) In order toconduct studies resea rch and other promotional activities on thesubjects deemed to be appropriate, the Commission may formcoordination committees compr isin g o f representatives of nongovernmental organ izations and civil societ y.
(2) The formation, functions, duties and powers of thecommittee to be formed under Sub-section (1) shall be as
determined by the Commission.
36. Giving information of decision and returning originaldocuments: (1) In ca se the Commission has r ecorded statementwith a person assumin g public office and the Commission hasdecided to terminate the complaint, the concerned office shall beinformed about the said decision.
(2) In case original documents are brought from any agency inconnection with takin g a ctions on any complaint, the originaldocuments so brought shall be returned to the concerned office a ssoon as possible if such complaint is ordered to be terminated.
37. Procedures Relating to Getting Document s: (1) The concerned person willing to get copie s o f documents ava ilable Commission shall submit application to the Commission in the format prescr ibed in Schedule-15 along with Rupees Five per pages copying fee.
(2) Out of the documents included in the case file related tothe subject in which the Commission has decided not to file caseand to terminate the complaint, the concerned Officer shall make
available the copy o f the statement given at the Commission or
decision of the Commission.

(3) Not with standing anythin g contained in sub-rule (2), nocopy of any document related to the subject which is underconsideration at the Commission shall be made ava ilable.
(4) While makin g available copies, it shall be ver ified withthe original copy and the concerned employee shall certify it asbein g accurate to the original document and submit it to theconcerned Officer.
Pro vided that, if the Commission has decided or ordered notto make ava ilable copy of any document, no copy of suchdocument shall be made ava ilable.
38. Oath of office to be taken: In ca se an y person other than aperson assumin g a public office has to begin works a s an expert atthe Commission, he/she shall take an oath o f o ffice be fore theSecretary in the format re ferr ed to in Schedule-16.
39. Officer Level Employees to Have More Powers: (1) In casethe In vest igat ion Officer deputed from the Commission inconnection with inquiry and In vest igation a fter havin g r eceivedthe information that abuse of authority is committed or goin g to becommitted has to intervene immediately, he/she may exerc ispowers o f arrestin g per son, conducting search and seizure andother powers conferred by these Rules.
(2) While conducting In vest igat ion on the basis o f an ycomplaint, in case it is found that corruption or improper act hasbeen committed in the matters other then those mentioned in thecomplaint, the Commission may conduct In vest igat ion on thematters not mentioned in the complaint and may take decisionwhether or not to file ca se or take or not to take actions on thebasis of the sa id In vestigation.
40. Inspection: (1) The Chie f Commissioner, Commissioner or
Officer level employee may inspect or cause to in spect whether or
not the employees have conducted their activit ies a s per theprevailin g laws and authority delegated by the Commission.
(2) Upon inspection pursuant to sub-rule (1), the ChiefCommissioner or Commissioner may give direct ions on the mattersdeemed to be necessary and it shall be the duty of the concernedOfficer to follow or cause to follow direct given in such a way.
(3) Upon inspection pursuant to sub-rule (1), the Officer levelemployee shall submit the report of the activit ies conducted duringthe inspection.
(4) On the basis of the report received pursuant to sub-rule
(3), the Commission may give nece ssary dir ectives to theconcerned office or Officer and it shall be the duty of theconcerned Officer to follow or cause to follow the directive s givenin such a way.
41. Use of Scientific and Communication Equipment andDevices: The employees or persons in vol ved in In vest igat ion ofabuse of authority shall have power s to possess and use sc ientificand communication equipment and device s as may be necessaryaccordin g to the order of the Commission.
42. Repeal and saving: The Commission for the In vest igation o fAbuse o f Authority Rules, 2048 have been repealed. The acts andactivitie s conducted as per the said Rules shall be deemed to have
been conducted as per these Rules.