Chapter – 3 Provisions Relating to Complaints

Chapter – 3 Provisions Relating to Complaints

Chapter – 3
Provisions Relating to Complaints

5. Complaints of improper Acts:

(1) The person willing to lodge a complaint relating to an improper act may lodge the complaint in a format referred to in Schedule-1 either being present in person at the Commission or through post or any other means.

(2) Notwithstanding anything contained in sub-rule (1), it shall not be deemed to have impeded to conduct Investigation on any such complaint merely for the reason that the complaint is not in the format referred to in Schedule-1.

6. Complaint of corruption:

(1) A person willing to lodge complaint relating to corruption may lodge the complaint being present in
person at the Commission or send such a complaint by any other means.

(2) While lodging a complaint pursuant to sub-rule (1), the following details shall be stated to the extent it is within
knowledge of the complainant;-

(a) In case of corruption committed by the person assuming public office, the full name, surname, address, designation and office of the said person and if any other person is involved in such act, his/her name, surname and address;
(b) Actual description relating to corruption;
(c) Date of commission of corruption and date of its information;
(d) Evidences showing Commission of corruption or description relating to it;
(e) In case the complainant wants to keep his/her name confidential, the content of the same.
(3) In case anyone has lodged a complaint pursuant to sub-rule
(1) having his/her name kept confidential, the Commission may, on the basis of such a complaint, initiate actions relating to Investigation of corruption.
(4) Notwithstanding anything contained elsewhere in these Rules, it shall not be deemed to have impeded the Commission to accept a subject matter relating to corruption published in any newspaper or publication as information or a complaint.

7. Registration of complaint :

Complaints receiving at the Commission shall be registered in a General Registration Book.

8. Original Evidences to be given Back:

the Commission may return back the original copies of evidence submitted by the complainant pursuant to clause (d) of sub-rule (2) of Rule 6 having retained certified copies thereof .

9. May Refer to Conduct Investigation or Take Actions : The Commission may refer a complaint received to it relating to improper acts committed in any agency of Government of Nepal to the concerned agency for submitting report to it or taking any other necessary actions having investigated into the matter and it shall be the duty of the concerned agency to do or cause to do as per the said referral.

10. Complaints may be set aside or put on pending:

(1) The Commission may order to set aside the following categories of complaints received the Commission:-

(a) Except complaints on matters relating to public interest on concern, the complaints relating to improper acts that are not endorsed or could not be endorsed;
(b) Except complaints on matters relating to public interest or concern, the complaints relating to improper
acts that have been lodged by persons other than the aggrieved person;
(c) Complaints having expired the limitation ;
(d) Complaints beyond competence and jurisdiction of the Commission;
(e) Complaints not found to be based on facts prima facie or written with confusing contents;
(f) Complaints motivated only to cause trouble or harassment;
(g) Complaints lodged on extremely trivial matters or issues;
(h) Complaints not possible to take actions for any reason;
(i) Complaints given again on the same matter without any new evidence after setting aside the same complaint
once.
(2) If there arises difficulty to take actions and decisions on any complaint lodged at the Commission, complaint may be put on pending.