Why the desire of the authority to enter the private sector?

In the bill registered by the government in the National Assembly in January 2076, the definition of public organization is defined as 'organizations, companies, committees, commissions, institutes, authorities, corporations, foundations, boards, centers, councils, banks, medical colleges and affiliated hospitals or organizations of a similar nature established in accordance with prevailing laws. It has been criticized ever since trying to bring it under the jurisdiction of the authority. However, the bill passed the National Assembly and reached the House of Representatives.

The private sector does not have to be clean and free. There is no doubt that the private sector must abide by the constitution and laws of the country. Therefore, for the regulation and investigation of the private sector, the Money Laundering Investigation Department, Revenue Investigation Department, Nepal Rastra Bank, Securities Board, Insurance Committee, Civil Aviation Authority, Drug Administration Department, Food Technology and Quality Control Department, Quality and Weights Department, Medical Council etc. There are more than 20 entities.

These agencies can also operate the Nepal Police at any time. If these bodies enter into a contract due to any interest or suggestion, the Authority and Abuse of Authority Investigation Commission has the responsibility and authority to take action against them. There is also the practice of suing colluding private businessmen and government officials if confirmed by the investigation. However, it is legally inconsistent and practically impossible for an authority to enter into the operations of a private company overriding the established regulatory body. There are 200,000 private companies in Nepal, if the authority gets involved in the internal business of those companies, the work that the authority is doing now will also slow down.

Public companies run on the same pattern while private companies run on their own experimental structure. Public institutions are run by government funds, while the private sector has to raise its own resources. Companies have their own strategy for that. Due to this competition, 80 percent contribution to the economy is from the private sector.

Again, in Article 239 of the Constitution, the work, duties and rights of the Commission for Investigation of Abuse of Authority are regulated, in which it is mentioned that the Commission for Investigation of Abuse of Authority can investigate or conduct an investigation in accordance with the law regarding the misuse of authority by a person holding a public office. But how did private companies become public now? While the law seeks to make public institutions/public positions liable, the bill seeks to reach the private sector. The definition that the bill seeks to change is against the spirit of the constitution itself.

At present, it is alleged that he has not fulfilled the responsibility given to him by the authority. There is a strange tendency in the authority that investigations of major corruption scandals involving political parties or their influential leaders always reach the 'final stage' but are never completed. The authority has not been able to refute the understanding that the investigation has not reached a conclusion due to the involvement of influential leaders of different parties in many scandals such as Teramox, purchase of health supplies, wide body or camp scam. If

continues to play a weak role as it is now, experts are worried that the scope of authority will not remain. In a similar alternative, powerful ombudsmen advocates. It is not natural for the authority to want to enter a wider area when it is already finding it difficult to establish its justification. Moreover, if a person like Lokmansingh Karki becomes the head of the authority, it will put the entire private sector in danger and gain ground to exploit for personal interests. MPs should be aware that such a situation does not arise.