Federation's Memorandum to the Parliamentary Committee: "Entry of authority in the private sector is against the Constitution"

When the bill is about to be discussed weekly, the federation has given a memorandum to the parliamentarians not to create laws that are against the provisions made by the constitution regarding authority.

The bill to amend the Prevention of Corruption Act, 059 and the Commission for Investigation of Abuse of Authority (Third Amendment) Bill, 076 pending in the State Order Committee, if the provisions made by the government in relation to the private sector are passed, the private sector will be directly affected and it will be contrary to the constitutional provisions. Federation says.

In the memorandum presented by the Director General Gokarnaraj Awasthi on behalf of the Federation, it was reminded that the private sector is helping to fulfill the economic development goals of the country by investing its own capital, knowledge, labor and skills and domestic and foreign investments will be attracted through investment-friendly legal arrangements. "In order to attract private sector investment, it is also necessary that the legal arrangements of the state and the services provided by the regulatory bodies are easy, simple, sustainable and reliable," the letter submitted by the federation to the committee said, "Meanwhile, the government has drafted and submitted to the parliament and currently pending in the parliamentary committee on corruption prevention." This federation has drawn serious attention to some provisions added in the amendment bill of the Act and the Commission for Investigation of Abuse of Authority Act. If the presented amendment bills are passed as they are, not only will the private sector be directly affected, but Article 239 of the Constitution of Nepal will also be adversely affected. The parliamentary committee has also been asked to support the development of the private sector as well as the overall national economy by creating laws according to their demands.

Article 239 of the Constitution provides for the functions, duties and powers of the authority. According to the Constitution, the Commission for Investigation of Abuse of Authority may conduct an investigation in accordance with the law regarding abuse of authority by a person holding a public office.

The constitution also provides that the authority can file a case against such person and other persons involved in the crime in the court authorized according to the law. The federation says that it is a violation of the constitution for the authority, which has the right to investigate and prosecute corruption on people who hold public office, to try to enter the private sector now.

In the bill made to amend the Prevention of Corruption Act, 059, which has been discussed monthly in the State Administration Committee, it is proposed to bring the private sector under the authority's jurisdiction. In the bill, the definition of 'public institution' includes institutions related to the private sector, and the authorities are trying to give them the right to investigate and prosecute corruption. In this way, the legal path of the entry of authority into the private sector is going to be decided. In the

bill, under 'public organization', 'organization, company, committee, commission, institute, authority, corporation, foundation, board, center, council, wholly or partially owned or controlled by the government of Nepal, state government or local level or established according to prevailing laws. , Banks, Medical Colleges and Sosag Affiliated Hospitals or organized organizations of a similar nature have been proposed to be included.

The federation has demanded that the words 'company, bank, medical college and affiliated hospitals or similar organizations' be removed. If those words are not removed, the amendment proposal of the federation is that it should be called a company/bank wholly or partially owned by the government of Nepal. It is proposed by the Federation to abolish the provision in Section 2 (D1) of the

bill that "other person shall mean a legal person involved in corrupt activities with a person holding a public office". Regarding the reason for its removal, the federation said, "As this section brings private sector individuals and companies within the scope of the commission, this provision is contrary to the provision in Article 239 of the Constitution of Nepal and will also discourage investment."

The bill made to amend the Corruption Prevention Act, 059, which is under discussion in the State Order and Good Governance Committee of the House of Representatives, has a provision to place the private sector under the authority's jurisdiction. Even when the bill was registered on January 6 and submitted to the National Assembly, experts and the private sector opposed the arrangement. But without making any changes in this arrangement, the National Assembly passed the bill on 079 Chait 27 and sent it to the House of Representatives.