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CHAPTER IV
Fact Inquiry
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Section 43. Subject section 44, the N.C.C. Commission shall conduct a fact inquiry in accordance with the provisions of this Chapter in the following circumstances:
(1) the President of the Senate refers the matter to the N.C.C. Commission for the purpose of a fact inquiry in consequence of the lodging of a petition requesting the Senate to pass a resolution removing the alleged culprit from office under section 59;
(2) the injured person lodges a request with the N.C.C. Commission for the purpose of taking legal proceedings against the alleged culprit under section 66;
(3) an allegation is lodged with the N.C.C. Commission for the purpose of enabling the property to devolve on the State under section 75;
(4) there is a reasonable cause to suspect that a State official has become unusually wealthy under section 77 or has committed an offence under section 88;
(5) an allegation is made to the N.C.C. Commission against a State official under section 84.
Section 44. The N.C.C. Commission shall not conduct a fact inquiry in the following circumstances:
(1) the matter to be inquired into is the matter in respect of which the N.C.C. Commission has completed its fact inquiry and no fresh evidence which is material to the inquiry is found;
(2) the alleged culprit is the same person as the alleged culprit in the matter under inquiry, of which the cause of the allegation is the same.
Section 45. In conducting the fact inquiry under section 43, the N.C.C. Commission may appoint, for conducting an inquiry on its behalf, an inquiry sub-committee which shall consist of one member and competent officials and/or qualified persons as designated by the N.C.C. Commission and shall have the duty to acquire facts and gather evidence in order for the facts or the offence to become known.
In appointing an inquiry sub-committee, regard shall be had to the appropriateness to the status and level of the position and the reasonable protection of the alleged culprit.
The performance of duties of the inquiry sub-committee shall be in accordance with the regulation prescribed by the N.C.C. Commission.
Section 46. The person under the following circumstances shall not be appointed as a member to an inquiry sub-committee:
(1) having knowledge of the events to which the allegation relates;
(2) being interested in the matter to which the allegation relates;
(3) having current animosity towards the person making the allegation or the alleged culprit;
(4) being the person making the allegation or such person's or the alleged culprit's spouse, ancestor, descendant, or brother or sister of full or half blood;
(5) having a close relationship with the person making the allegation or the alleged culprit in the capacity as such person's relative or being a such person's partner or having commercial mutual benefits or conflicting interest vis-?-vis the person making the allegation or the alleged culprit.
In the case where it appears that the person under paragraph one is appointed as a member to an inquiry sub-committee, such member shall inform the President thereof without delay. In the meantime, such member shall not be involved in the proceeding of the inquiry sub-committee.
The provisions of paragraph two shall also apply mutatis mutandis to the case where any member of the sub-committee is challenged by the alleged culprit that he or she is under the circumstance under paragraph one.
The submission of a challenge, the consideration of a challenge and the appointment of a replacing member of the inquiry sub-committee shall be in accordance with the rules and procedures prescribed by the N.C.C. Commission.
Section 47. In conducting a fact inquiry, the allegation shall be informed to the alleged culprit and there shall be fixed a reasonable time within which the alleged culprit may give explanations, present evidence or bring witnesses to testify in support of the explanations.
In giving explanations and testimonies of the alleged culprit, the alleged culprit shall have the right to have the presence of his or her attorney or the person upon whom he or she reposes confidence for hearing the explanations or testimonies.
Section 48. In the case where an inquiry sub-committee is appointed, the presence of at least two members of the sub-committee, at least one of whom must be the member who is the competent official, is required for the hearing of the alleged culprit's explanations or the examination of the alleged culprit and witnesses. But, if it is the hearing of the explanations or the examination of the person under section 58, the presence of the member of the sub-committee who is also the member is also required therefor.
The member of the inquiry sub-committee shall not commit or cause to be committee any act which amounts to seducing, threatening or giving a promise to the alleged culprit or witnesses with a view to inducing them to give any statements with respect to the matters to which the allegation relates.
Section 49. For the purpose of the performance of duties of the inquiry sub-committee, the inquiry sub-committee shall have the power to carry out the acts under section 25 (1), (2) or (3) or section 26 as entrusted by the N.C.C. Commission.
Section 50. Upon the completion of the gathering of evidence, the inquiry file shall be prepared and submitted to the President. Such file shall contain the following particulars:
(1) the names and positions of the person making the allegation and the alleged culprit;
(2) the matter to which the allegation relates;
(3) the allegation and summary of facts obtained from the fact inquiry;
(4) reasons given in the consideration and decision of both issues of fact and issues of law;
(5) the provisions of law relied upon;
(6) the summary of the opinion on the matter to which the allegation relates.
Section 51. When the President has received the inquiry file under section 50, the President shall cause to be held a meeting for considering it within thirty days.
In the interest of justice, in the case where an inquiry sub-committee has been appointed, the N.C.C. Commission may pass a resolution directing the same sub-committee to inquire into additional facts or appointing a new inquiry sub-committee to inquire into additional facts on its behalf.
Section 52. The member who is under the circumstance under section 46 shall not attend the meeting for considering the inquiry file, with the exception of the member whose knowledge of the events to which the allegation relates is obtained on account of being appointed as a member of the inquiry sub-committee.
Section 53. The N.C.C. Commission shall consider the allegation from the inquiry file and pass a resolution as to whether the allegation has a prima facie case. In the case where the N.C.C. Commission passes a resolution that the allegation has no prima facie case, such allegation shall lapse.
Section 54. When the N.C.C. Commission has passed a resolution under section 53, if such allegation is the matter referred to the Commission by the President of the Senate under section 43 (1) or is the matter in respect of which the injured person lodged a request for taking legal proceeding against the alleged culprit under section 43 (2), the President shall furnish a report to the President of the Senate or inform the injured person thereof, as the case may be, without delay.
The report under paragraph one shall be signed by the members having attended the consideration and shall specify the background or the allegation, the summary of facts obtained from the inquiry, reasons given in the consideration and decision and provisions of the Constitution and laws relied upon.
Section 55. In the case where the N.C.C. Commission passes a resolution that the allegation has a prima facie case and such allegation is the matter referred to the Commission under section 43 (1) or is the matter in respect of which the injured person lodged a request for taking legal proceedings against the alleged culprit under section 43 (2), then, as from the day the N.C.C. Commission passes that resolution, the alleged culprit shall not continue the performance of duties until the Senate passes a resolution or the Supreme Court of Justice's Criminal Division for Persons Holding Political Positions passes a judgment, as the case may be.
Section 56. In the case where the N.C.C. Commission passes a resolution that the allegation has a prima facie case, the President shall furnish a report under section 54 paragraph two, existing documents as well as the opinion to:
(1) the President of the Senate, if such allegation is the matter referred to the Commission by the President of the Senate under section 43 (1) or is the matter in respect of which the injured person lodged a request under section 43 (2);
(2) the Prosecutor-General, if the inquiry reveals a prima facie case for a criminal offence or unusual wealthiness and the alleged culprit is the person under section 58 except Prosecutor-General or is a political official other than the persons under section 58 (1) and (2);
(3) the Prosecutor-General, if the inquiry reveals a prima facie case for a criminal offence or unusual wealthiness and the alleged culprit is a State official who is not a person holding a political position and a person holding a high-ranking position
(4) the superior or the person who has the power to appoint or remove the allege culprit, if the inquiry reveals a prima facie case for a disciplinary offence or a prima facie case justifying the removal from office, and the alleged culprit is a State official who is not a person holding a political position.
In the case where the N.C.C Commission is of the opinion that any allegation referred to the Commission by the President of the Senate under section 43 (1) is of particular importance, the N.C.C. Commission may prepare a separate report specifically on such allegation and furnish the same to the Senate for consideration in advance.
Section 57. During the fact inquiry, if the alleged culprit vacates office or vacates the Government service by any reason other than death, the N.C.C. Commission shall have the power to proceed with the fact inquiry for the purpose of taking criminal proceedings, initiating disciplinary action, or making a request that the property devolve on the State.
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