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CHAPTER II
Powers and Duties of the National Counter Corruption Commission
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Section 19. The N.C.C. Commission shall have the following powers and duties:
(1) to inquire into facts, summarise the case and prepare the opinion to be submitted to the Senate under Chapter 5, Removal from Office;
(2) to inquire into facts, summarise the case and prepare the opinion to be referred to the Prosecutor-General for the purpose of prosecution before the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions under Chapter 6, Criminal Proceedings Against Persons Holding Political Positions under section 308 of the Constitution;
(3) to inquire and decide whether a State official has become unusually wealthy or has committed an offence of corruption, malfeasance in office or malfeasance in judicial office;
(4) to inspect the accuracy and actual existence of assets and liabilities of State officials and inspect change of assets and liabilities of the persons holding political positions under Chapter 3, Inspection of Assets and Liabilities;
(5) to prescribe rules with respect to the determination of positions and classes or levels of State officials obliged to submit an account showing particulars of assets and liabilities;
(6) to prescribe rules and procedures for the submission of the account showing particulars of assets and liabilities of State officials and the disclosure of accounts showing particulars of assets and liabilities of persons holding the position of Prime Minister and Minister;
(7) to submit an inspection report and a report on the performance of duties together with remarks to the Council of Ministers, the House of Representatives and the Senate annually and publish these reports for dissemination;
(8) to propose measures, opinions or recommendations to the Council of Ministers, National Assembly, Courts or State Audit Commission for the purpose of improving the performance of government service or formulating action plans or projects of Government agencies, State enterprises or other State agencies in an endeavour to control corruption and the commission of an offence of malfeasance in office or malfeasance in judicial office;
(9) to refer matters to the agency concerned for the purpose of making a request to the Court for an order or judgment cancelling or revoking a right or document of title in respect of which the State official has given approval or granted permission conferring the rights or benefits or issued the document of title to a particular person in contravention of the law or official regulations to the detriment of the Government service;
(10) to take action with a view to preventing corruption and building up attitudes and taste concerning integrity and honesty, and to take such action as to facilitate members of the public or groups of persons to have participation in counter corruption;
(11) to give approval to the appointment of the Secretary-General;
(12) to appoint persons or a group of persons for performing duties as entrusted;
(13) to carry out other acts provided by this Organic Act or other laws to be the responsibility of the N.C.C. Commission.
Section 20. At a meeting of the N.C.C. Commission, the presence of not less than one-half of the total number of the members is required to constitute a quorum. But, a quorum for considering and making a determination of a particular matter or for giving approval to a particular matter shall be constituted by the presence of not less than two-thirds of the total number of the members.
Section 21. A meeting shall be in accordance with the regulations prescribed by the N.C.C. Commission.
The calling for a meeting shall be in writing and notified to every member not less than three days in advance unless such member has known of the calling for a meeting at the previous meeting. In such a case, the written notification of the calling for a meeting may be made only to the members not present at the meeting.
The provisions in paragraph two shall not apply in the case where there occurs a compelling necessary urgency. In such a case, the President may call for a meeting otherwise.
Section 22. The President has the power and duty to conduct a meeting and, in the interest of its orderly proceeding, shall have the power to give any order as is necessary.
If the President is not present at the meeting or is unable to perform the duty, the members present at the meeting shall elect one member among themselves to preside over the meeting.
Section 23. A resolution of a meeting shall be by a majority of votes, except that in the case of passing a resolution making a determination or giving an approval in accordance with the provisions of this Organic Act, the President and members shall cast votes for the purpose of the resolution and the resolution shall be passed by votes of not less than two-thirds of the total number of the existing member.
In casting votes, each member shall have one vote. In the case of an equality of votes, the person presiding over the meeting shall have an additional vote as a casting vote.
Section 24. There shall be written minutes of each meeting.
If a dissenting opinion is presented, the dissenting opinion and reasons invoked shall be recorded in the minutes of the meeting. If minority members present their dissenting opinion in writing, it shall also be recorded in the minutes of the meeting.
Section 25. In the performance of duties under this Organic Act, the N.C.C. Commission shall have the powers as follows:
(1) to give an order instructing a Government official, official or employee of a Government agency, State agency, State enterprise or local administration to perform all such acts as are necessary for the performance of duties of the N.C.C. Commission or to summon relevant documents or evidence from any person or to summon any person to give statements or testimonies, for the purpose of a fact inquiry;
(2) to file an application with the competent Court for an issuance of a warrant permitting an entry into a dwelling-place, place of business or any other place including a vehicle of any person from sunrise to sunset or during the working hours for the purposes of inspecting, searching, seizing or attaching documents, property or other evidence related to the matter under inquiry. If action is not completed within such time, such action may be further taken until its completion;
(3) to address a written request to a Government agency, State agency, State enterprise, local administration or private agency to carry out a particular act for the purpose of the performance of duties of, or the conduct of a fact inquiry or the making of a determination by, the N.C.C. Commission;
(4) to prescribe regulations with respect to the rules and procedures for the payment of per diem, travelling fees and remuneration of a witness and in connection with the performance of duties of competent officials or other matters, for the execution of this Organic Act;
(5) to prescribe the regulation with respect to the payment of a reward under section 30.
Section 26. In taking criminal proceedings against a State official under this Organic Act, the N.C.C. Commission shall have the powers as follows:
(1) to inquire into facts and gather evidence in order for the facts to be known or the offence to be proved and in order for the offender to be prosecuted and punished;
(2) to file an application with the competent Court for an issuance of a warrant of arrest and custody of the alleged culprit who, from the fact inquiry, appears to be an offender or against whom the N.C.C. Commission has passed a resolution that the allegation has a prima facie case, for the purpose of referring such person to the Prosecutor-General for further proceeding.
Section 27. In the performance of duties under this Organic Act, the President, the member or the Secretary-General as entrusted by the President shall have the power to sign a written communication carried out in accordance with the powers and duties of the N.C.C. Commission.
Section 28. In the case where the President has the duty to perform any act other than the conduct of a meeting and is temporarily unable to perform the duty, the members shall elect one member among themselves to act as the President.
Section 29. In the case where any member, member of a sub-committee or competent official is directly or indirectly interested in any particular matter, that person shall not attend and participate in the fact inquiry, the consideration or the determination of such matter.
Section 30. In conducting a fact inquiry in the case of the allegation that a State official has become unusually wealthy or in the inspection of the change of assets and liabilities of a person holding a political position, if any person gives the N.C.C. Commission a trace or clue, information or facts in connection with assets or liabilities of the alleged culprit or the person under inquiry, including the principal, instigator or the aider and abetter and the giving of such trace or clue, information or facts results in the assets which constitute the unusual wealthiness or the unusually increased assets devolving on the State by a final order of the Court, such person shall be entitled to the reward in accordance with the regulation prescribed by the N.C.C. Commission.
Section 31. In the performance of duties under this Organic Act, the President, a member, a member of a sub-committee and a competent official shall be an official under the Penal Code.
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