New provisions in anti-corruption laws, employees who avoid work are now partners in punishment

The officer who does not give a decision shall be punished with imprisonment for up to 6 months depending on the amount of the offence, or with a fine of up to 50 thousand, or both

चैत्र २९, २०८१

राजेश मिश्र

New provisions in anti-corruption laws, employees who avoid work are now partners in punishment

Not only those who abuse the authority, but also the government officials who do not use the authority they have received should be part of the punishment. Such a provision has been made in the amendment of the Prevention of Corruption Act passed by the Federal Parliament after five years. The revised Act has been approved by the President and has been implemented.

In the new arrangement, the government official has to make a decision within a certain time according to the law, and if he does not do so, he has been made a partner in the punishment. The revised law considers the situation where a national servant knowingly takes advantage of himself or someone else, gives it or gives it to someone else, and causes damage to a public organization or person due to the fact that he did not make such a decision, except in the case of a reasonable cause. According to the amount of the offense, the officer who does not give such a decision is sentenced to imprisonment for up to 6 months or a fine of up to 50,000 rupees or both if the defect is disclosed and if the defect is not disclosed.

When the tendency of government officials to ignore the decision-making process based on personal benefit was seen, it was brought under the scope of punishment.

Hridayram Thani, a member of the State Order and Good Governance Committee of the House of Representatives, says that such a legal arrangement has been made to eliminate the behavior of employees who do not work or leave. The committee formed a sub-committee under the leadership of MP Thani and agreed on the amendment bill on corruption prevention. "The level which has got the authority should have made a decision in time," he said, "The act of taking all matters to the cabinet by the authority and the director general to the secretary and the secretary through the minister should also be stopped." In the same way, the fear of getting into trouble or getting into a corruption case has caused some employees to put aside the decisions they have to make.

"Government work was affected by such tendencies of not fulfilling their responsibilities, pushing them up or sending them down," Thani said, "The work that was supposed to be done was not done on time." Public organizations and individuals are suffering the consequences of that.''

Those who abuse official status have also been brought under the scope of punishment. If an employee misuses his official position or the work he is supposed to perform, he will be punished with imprisonment up to one year or a fine of up to five lakh rupees or both, depending on the amount of the offense. In the new provisions made after the amendment of the Prevention of Corruption Act 2059, the provisions of punishment for various offenses of corruption have also been increased. Special methods and technology-based methods can be used in

research. According to the new system, the investigation officer will be allowed to conduct secret investigation (under cover operation). So far it has not received legal recognition. With the permission of the court, the investigation officer has got the right to 'interception' on the telephone or other media. Similarly, a provision has been added that the concerned person can be continuously monitored without immediate arrest for the purpose of obtaining more evidence or information. Likewise, the right of access to the structure or system of computers or other electronic devices has been ensured to the investigating officer.

Audio, visual or audio-visual electronic records can be accepted by the court as evidence, and the court can communicate with the witness through audio-visual (video conference) as needed. Similarly, the investigation officer has also got the right to use suraki or investigation formula to collect necessary information in the investigation of corruption related crimes. The practice of arresting the concerned person red-handed by sending the bribe money demanded by someone has also been given legal recognition.

The amount of punishment for bribe takers has been increased. As the charges related to bribery have been proven, it has been made to serve a minimum of one month in prison. Earlier there was no minimum term of imprisonment. If it is proved that someone has accepted a bribe of up to 50 thousand rupees, the fine and imprisonment from one month to six months have been prescribed. Earlier, it was said that in the transaction of bribe amount up to 25,000 rupees, imprisonment for up to three months. There was no minimum term of imprisonment. Punishment is prescribed according to the amount of crime. A person found guilty of bribery may be jailed for at least one month to 14 years. Imprisonment of 10 years to 14 years has been prescribed in the case of bribery of more than 10 million rupees.

After filing a case for the crime of corruption, the system of automatically suspending the employee until the case is resolved has been kept as is. Likewise, those who obstruct the investigation or judicial process of a crime are punished with imprisonment up to 6 months or a fine of up to twenty five thousand rupees or both. The Prevention of Corruption (First Amendment) Bill, which was registered in the National Assembly on January 6, 2076, was approved by the President on March 3, after being passed by both the Houses.

राजेश मिश्र दुई दशकभन्दा बढी समयदेखि पत्रकारितामा सक्रिय मिश्र कान्तिपुर दैनिकका संवाददाता हुन्। उनी राजनीति, कुटनीति, निर्वाचन प्रणाली र संघीयताका बिषयमा लेख्छन् ।

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