Conflict of interest law being introduced: Gifts received by public officials should be reported to the government

Shrawn 2, 2082

Rajesh Mishra

Conflict of interest law being introduced: Gifts received by public officials should be reported to the government

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The government has drafted a separate law to manage the conflict of interest of public officials. The Office of the Prime Minister and the Council of Ministers has drafted the bill with provisions that public officials should not be directly or indirectly involved in any decision that has their private interest.

In the draft of the 'Bill on the Management of Conflict of Interest', it is mentioned that before assuming any responsibility, the public officials should inform the agency in writing about the matters that may have their private interest. In the draft, if you have personal interest in your official status or the work or responsibility of the public body you are involved in, you must give written information about it. 

It is mentioned in the draft that gifts received by public officials while in office must be filed with the agency they work for. It is customary for high government officials and other officials to use government resources when giving gifts to someone, but to make them private when they receive gifts from somewhere else. There is no binding legal provision to report gifts received at home or abroad to the government. As an exception, only some officials leave the gifts they received in the working organization. 

In neighboring India, the government has been auctioning the gifts received by Prime Minister Narendra Modi every year. The money received from that is spent on various projects run by the government. Imran Khan, the former prime minister of Pakistan, was tried for not depositing the expensive gifts received from abroad in the government fund. In the draft of the 'Conflict of Interest Management Bill', it is said that the relevant officials can keep gifts up to a certain value set by the government. Besides that, if the gift is not reported to the government, it has been proposed to confiscate or fine an amount equal to the gift. 

Law Secretary of the Prime Minister's Office Phaninder Gautam said that a separate law on conflict of interest management is going to be introduced to make the performance of public officials more fair, accountable and reliable. 

There are different provisions in different laws regarding the connection with the interests of public officials. Therefore, it is tried to bring a single law to cover many issues related to conflict of interest management,'' he said. Some things are included as moral obligations and some as obligations to citizens.' 

Some topics related to conflict of interest are included in the Code of Procedure, Good Governance Act, Corruption Act or Civil Servant's Code of Conduct. A draft of the bill has been prepared to include all of them in one place. The draft of the bill prepared by the law commission has been made public by the Prime Minister's Office for collecting suggestions. Secretary Gautam informed that after receiving the suggestions, the bill will be finalized and taken to the parliament. 

In the proposed bill, public officers, public bodies, private interests, families and conflicts of interest have been defined. A public official is a person who is appointed, nominated or elected in a legislative, executive, judicial or administrative position either permanently or temporarily or in any other manner whether remunerated or not. A person appointed, nominated or elected to receive salary or any other financial benefit from government funds is included in the definition of public official. 

A person appointed, nominated or elected to receive or not a salary, allowance, remuneration, facility or any other benefit from any public organization in agreement with the Nepal government, provincial government, local level or public organization is also a public official. It is said that It is mentioned in the draft that those appointed as advisors, consultants, representatives or experts will also be counted as public officials. It is said that the person holding responsibility for such position, being transferred or appointed should self-declare whether or not he has interest, interest or concern with the relevant body. In the proposed bill, there is a provision to self-declare the occupation or business prior to appointment, nomination or election and give written information to the relevant body.

It is mentioned in the draft that the elected local officials from the president to the president should make public their personal details and submit them to the relevant agencies. In that 

It has been said that the officials concerned should make public their family details, profession/business before election, monthly/annual income, details of gifts received and all property details related to movable/immovable, investment shares. In the absence of a clear law, it has been said that the property details of the Prime Minister and ministers should be made public in the draft of the bill. In that statement, a schedule form has been prepared to disclose the details of any firm, company or institute, vehicle, involvement in social service, donation of more than one lakh rupees to anyone. 

There is a proposal in the bill that officers of constitutional bodies, judges, chief secretaries, army chiefs, secretaries, police chiefs, Nepalese ambassadors and other officials should also publish their details. It is mentioned in the draft that the details submitted by the public officials should be kept on the website by the concerned bodies so that they are accessible to the general public. It is said that public officers should not decide their salary, allowances and facilities by themselves. If found to have done so, it has been proposed that the National Vigilance Center can recover the equivalent amount and impose a penalty of the same amount.  There is also a proposal for a 'cooling off period', which means that for one year after being separated from the position of

, one must refrain from doing any work that may have a conflict of interest with the entity he is involved with. It is also mentioned in the draft that unauthorized correspondence or meetings with foreign government, non-government or public officials in order to gain any kind of benefit for themselves or others will be prohibited. It has also been said that he should keep himself away from involvement in profession, business or business before assuming the position. 

It is proposed in the bill that anyone can file a complaint with the relevant body regarding public officials not making public announcements as prescribed by law or acting in connection with private interests. It is said that such a complaint should be heard by the relevant agency and if not, the Abuse of Authority Investigation Commission will look into it.

Rajesh

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