A new provision in anti-corruption law is that employees who avoid work are now partners in punishment

The officer who fails to give a decision shall be imprisoned for up to 6 months or fined up to 50,000 or both if the defect is found to cause loss or damage according to the amount of the crime.

चैत्र ३०, २०८१

राजेश मिश्र

A new provision in anti-corruption law is that employees who avoid work are now partners in punishment

Not only those who abuse 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 amended 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 amended law considers the situation where a national servant knowingly takes advantage of himself or someone else, or gives it or gives it to someone else, causing harm 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 will be 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.

Government officials have been brought under the scope of punishment after the tendency to avoid making decisions based on personal gain. Hridayram Thani, a member of the State Order and Good Governance Committee of the House of Representatives, says that such a legal provision has been made to eliminate the behavior of the 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 right should make a decision at the right time," he said, "The act of taking all matters to the Council of Ministers by the authority and the director general to the secretary and the secretary through the minister should be stopped." 

Since the decisions made by the cabinet are considered policy and no corruption case will be filed against them, many proposals are being brought to the cabinet from the staff level. Similarly, the fear of getting into trouble or getting into a corruption case has made some employees put aside their decisions. "Government work was affected by such tendencies of not fulfilling their responsibilities, pushing them up or sending them down," Thani said. Public organizations and individuals are suffering the consequences of that.' He said that such actions were considered as offenses to control the same attitude seen in national servants. 

Those who abuse official status are also brought under the scope of punishment. If an employee misuses his position or the work he is supposed to do, 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 offence. In the new provisions made after the amendment in Prevention of Corruption Act 2059, the provisions of punishment for various crimes of corruption have also been increased.  In

research, special methods and technology-based methods can be used. According to the new system, the investigation officer will be allowed to conduct secret investigation operations (under cover operations). So far it has not received legal recognition. The investigating officer has got the right to 'interception' of telephone or other communication with the permission of the court. 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. Similarly, the right of access to the structure or system of computer or other electronic devices is guaranteed 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 the necessary information in the investigation of corruption offences. The practice of arresting the concerned person 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, a minimum of one month imprisonment has been made. 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 thousand 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 a minimum of one month to 14 years. Imprisonment of 10 years to 14 years has been prescribed in the case of bribery of more than ten million rupees. 

The system of automatically suspending an employee until the case is resolved after a case has been filed for the crime of corruption 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 passed by both the Houses and approved by the President on March 3.

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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