The Commission on Asset Investigations, which has the authority to coordinate directly with Interpol and the Nepali mission, has been given a mandate to investigate the assets of public office holders and their families and relatives who have gone abroad.
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The assets hidden abroad by high-ranking public officials and employees are also to be brought under the purview of investigation. The Assets Investigation Commission, formed under the leadership of former Supreme Court Justice Rajendra Kumar Bhandari, has been given a mandate to investigate assets hidden abroad as well as the assets of public officials who have reached abroad, their families and relatives.
Keeping in mind the demand for an investigation into those who have taken black money earned through corruption abroad in Nepal, the government has given a clear 'mandate' to the investigation commission to investigate this. For that, in addition to government bodies, the commission has been given the authority to directly contact and coordinate with Nepali diplomatic missions abroad, the international police organization Interpol and other investigative bodies to investigate suspicious assets hidden abroad.
The commission itself has been given the authority to formulate additional procedures for investigation and investigation. With this, the movable and immovable properties of high-ranking officials accused of abusing public office and acquiring illegal wealth in the country and abroad will now be subject to investigation.
The commission, which has the right to coordinate directly with Interpol and Nepali missions, has been given the mandate to investigate the properties of public office holders and their families and relatives who have reached abroad. The commission has been given the mandate to investigate the properties of political officials from the local level chief/deputy chief to the Prime Minister, civil servants from the joint secretary to the chief secretary, and officials of government/public and autonomous organizations. Under the commission's work system, it is stated in point 3, paragraph 'h', 'While investigating suspicious assets hidden abroad, contact and coordination may be made with Nepali diplomatic missions abroad, Interpol and other investigative bodies subject to prevailing laws.'
It is mentioned that the financial status of the concerned persons abroad will be investigated during the investigation. The investigation of the assets of employees who have been complained to the Commission, who have been subject to departmental action, who have an unusually high financial status, who have acted as intermediaries, who have worked as office heads and other positions in public bodies that have direct contact with the public such as tax and revenue administration and land administration and transport management, and who have worked in offices/bodies that are at risk from corruption for a long time or repeatedly, has been given priority.
If, during the investigation, it is confirmed from facts and evidence that they have acquired assets illegally or illegally, the Commission has set a mandate to send recommendations to the relevant investigative agencies through the Prime Minister's Office to conduct further investigation and take action in accordance with the prevailing laws of Nepal, including preparing a description of the assets whose source has not been disclosed.
For this, priority has been determined by identifying and identifying individuals who are more likely to acquire assets through corruption and illegal means among the political officials and employees in public responsibilities. The notice published in the Gazette states that during the investigation of assets, the assets will be determined by conducting a thorough study of the hereditary and legal earnings and the aspects that have increased/increased from them.
It is mentioned that the investigation will be conducted in secret so as not to disturb the personal and public dignity of the officials and employees to be investigated. The government had formed a 5-member commission on April 2 under the chairmanship of former Supreme Court Justice Rajendra Kumar Bhandari. The mandate given to the same commission for investigation and investigation was published in the Gazette on Thursday by the Office of the Prime Minister and Council of Ministers.
According to the mandate given to the commission for investigation, gazetted second-class officers who worked as heads of offices have also been brought under the purview of the investigation. In the case of officials/members of constitutional bodies and courts, those who have been dismissed or removed from service, and in the case of the army, former colonels to former army chiefs have also been brought under the purview of the investigation. In the case of current constitutional body officials and soldiers, if a complaint is received, a work order has been given to send a written complaint to the relevant body for investigation.
There is no mention of whether or not current high-ranking officials will be investigated in their current positions. However, according to a member of the commission, those who have held public responsibilities or held office in the past will be brought under the purview of the investigation. "If the mandate published in the gazette addresses the past position, we will definitely investigate the matter," the member said. "Furthermore, it is not right to make further comments now. The procedure, standards and scope of work will be further clarified as needed."
The cabinet meeting on April 2 has formed a five-member commission under the chairmanship of former Supreme Court Justice Bhandari, comprising former Appellate Court judges Purushottam Parajuli and former High Court judge Chandiraj Dhakal, former Deputy Inspector General (DIG) of Nepal Police Ganesh KC, and Chartered Accountant Prakash Lamsal, for a period of one year. Two weeks after the formation of the commission, the government on Thursday finalized the positions of the officials and employees who fall under the purview of the asset investigation.
Two weeks after the formation of the commission, the government on Thursday finalized the positions of the officials and employees who will be included in the scope of the asset investigation. The mandate has been given to ‘collect details of assets held in the country and abroad in the names of officials who are in public office or have retired or removed from office and their families and investigate them’. According to the mandate, the Prime Minister, Deputy Prime Minister, Minister, Minister of State and Assistant Minister since 2062/063, and the then members of Parliament/Constituent Assembly members have also been included in the scope of the investigation.
Chiefs and office bearers who were appointed and dismissed from constitutional bodies in accordance with the Constitution of the Kingdom of Nepal, 2047, the Interim Constitution of Nepal, 2063 and the Constitution of Nepal/2072, former judges and retired Nepali Army gazetted first class (colonel) officers or equivalent and above, provincial chiefs, provincial government chiefs, ministers of state and assistant ministers, members and office bearers of the provincial assembly, former District Development Committee and current District Coordination Committee office bearers, local level chiefs and deputy chiefs, chairmen and vice chairmen, chiefs and employees of Nepali embassies and diplomatic missions, civil service employees of gazetted first class or equivalent and above, Nepal Police, Armed Police Force, and National Investigation Department have also been brought under the purview of the investigation. Civil service, parliament service or health service gazetted second class employees who have served and worked as office heads, police and armed investigation department second class employees who have served and worked as office heads have also been brought under the purview of the investigation.
The Governor of Nepal Rastra Bank, members of the Board of Directors, Deputy Governor, Executive Director and employees of the first class or above, the Chairperson, Director, Executive Director, General Manager, Managing Director, Chief Executive Officer and employees of the first class and above of government banks/financial institutions, commissions, institutes, authority boards, committees, centers of the Government of Nepal, the Chairperson, Director, Executive Director, General Manager, Managing Director, Chief Executive Officer and employees of the first class and above, the Chairperson, Director, Executive Director, General Manager, Managing Director, Chief Executive Officer of public corporations wholly or partly owned by the government, and employees of the first class and above of gazetted institutions have also been drawn into the scope of investigation. Similarly, officials of universities, institutes and other bodies that receive grants from the government have also come under the purview of the investigation.
The advisors, personal secretaries, private secretaries or similar officials who have been appointed or have not been appointed, whether or not they receive remuneration or benefits of the President, Vice President, Prime Minister, Chief Justice, Speaker, Chairman of the National Assembly, ministers of the Government of Nepal or provincial governments, heads and members of constitutional bodies or persons holding similar positions, have also been drawn into the purview of the investigation.
The mandate has been set to include in the investigation of assets those who have illegally acquired assets and are not related to themselves, their family members, relatives or relatives, and those who have hidden or sent them to the country or abroad.
While investigating the assets, the mandate has been set to include in the scope of investigation the persons who have acquired assets illegally and are not related to themselves and their family members, relatives or relatives, and the matters that have been hidden or sent to the country or abroad. Former president and senior advocate of Transparency Nepal, an international organization that advocates against corruption, Srihari Aryal, said that it is good for the government to investigate the assets of those who have reached positions of profit, but it cannot work against the precedent set by the Supreme Court. ‘It is good to investigate the assets of those who have reached public positions, but it cannot work against the precedent set by the Supreme Court before, the government can search for illegal sources or illegally acquired assets,’ says Aryal, ‘It is not allowed to interfere in the work of constitutional commissions and government bodies such as the Commission for the Investigation of Abuse of Authority. The government can do it without affecting the work of these bodies.’
The mandate of the Bhandari Commission has been set to collect, verify and investigate the assets of the officials and employees from 2062/63 to mid-Chait 2082/83 in the first phase. It is mentioned that the officials/employees from the period from 2048 to 2061/62 will be brought under the scope of investigation in the second phase. The service facilities of the Chairman of the Inquiry Commission have been determined as those of a Minister of State and other members as those of an Assistant Minister of the Government of Nepal, and the service and conditions have also been included.
38 posts have been created in the Commission. The Joint Secretary of Justice or Legal Services and the Investigation and Investigation Officer will continue to work. The human resources management has been done by deputing one Joint Secretary of Law or Justice Service, one Deputy Secretary of Administration Service, three Deputy Secretaries of Justice and Law, one Deputy Secretary of Government Attorney, one Deputy Superintendent of Police, one Deputy Investigation Director of the National Investigation Department, two Administration Officers, two Justice Group Officers, one Accounts Officer and one Branch Officer of Justice Service, one Branch Officer Government Attorney, one Computer Engineer, one Police Inspector, 11 Deputy Subba (6 from the Administration and 5 from the Justice Service), 4 Computer Operators, 3 Drivers and 3 Office Assistants to the Commission Secretariat.
The Commission has also been given the authority to recommend action against the concerned person to the government after completing the investigation in the case of any official or employee. It has been said that the Government of Nepal should take necessary action within 45 days of the report of the investigation. The government may dissolve the Property Investigation Commission 2083 based on necessity and justification, and if the commission is dissolved or dismissed for any reason, or if its term expires or its work is completed, the records and all documents related to the work done by the commission must be submitted confidentially to the Commission for the Investigation of Abuse of Authority.
The commission has included a provision for receiving complaints in writing, orally, electronically, through social media or any other means in its work, including collecting evidence. It is also mentioned that it can seek advice from experts during the performance of its work. However, while inviting experts in this way, people with a conflict of interest cannot be called. ‘The commission may publish a public notice, giving a period of 30 days to provide any information, data or evidence related to the illegally acquired property of a person falling within its jurisdiction,’ the order states. ‘The person providing the information must disclose his contact and information. The identity of the person providing the information will be kept confidential. The information provided will not be made public except as required by law.’
आयोगले कुनै पदाधिकारीको सम्पत्ति छानबिन गर्दा सम्बन्धित निकायबाट लिखित रूपमा विवरण माग गर्ने र सम्बन्धित निकायले आयोगले माग गरेको पन्ध्र दिनभित्र विवरण उपलब्ध गराउनुपर्ने व्यवस्था गरिएको छ ।
आयोगले कुनै पदाधिकारीको सम्पत्ति छानबिन गर्दा सम्बन्धित निकायबाट लिखित रूपमा विवरण माग गर्ने र सम्बन्धित निकायले आयोगले माग गरेको पन्ध्र दिनभित्र विवरण उपलब्ध गराउनुपर्ने व्यवस्था गरिएको छ । विवरण उपलब्ध नगराउने निकायको हकमा आयोगले नेपाल सरकारसमक्ष प्रतिवेदन गर्न सक्ने र आयोगले आफ्नो कार्यसम्पादनका क्रममा यसअघि गठन भएका आयोग, समिति वा निकायले पेस गरेको छानबिनसम्बन्धी प्रतिवेदन, तथ्यांक र सिफारिसलाई आधार सामग्रीका रूपमा उपयोग गर्न सक्ने उल्लेख छ ।
२० फागुन २०५८ मा तत्कालीन सरकारले सर्वोच्च अदालतका बहालवाला न्यायाधीश भैरवप्रसाद लम्सालको अध्यक्षतामा सम्पत्ति छानबिन आयोग बनाएकामा उक्त प्रतिवेदन अझै सार्वजनिक भएको छैन । लम्साल आयोगलाई शाखा अधिकृतदेखि प्रधानमन्त्री, मन्त्रीलगायत राजनीतिक, प्रशासनिक उच्च पदस्थ अधिकारी र अन्य कर्मचारीदेखि बहालवाला प्रधानन्यायाधीशसम्मको सम्पत्ति जाँचबुझको अधिकार दिइएको थियो । एक वर्ष काम गरेर लम्साल आयोगले प्रतिवेदन बुझाएकामा कुनै पनि सरकारले यसलाई सार्वजनिक गरेका छैनन् । लम्साल आयोगले जाँचबुझका क्रममा ४० हजारभन्दा बढीलाई पत्र काटेकामा ३० हजारभन्दा बढीको सम्पत्ति विवरणमाथि छानबिन गरेको थियो ।
१९ माघ २०६१ मा तत्कालीन राजा ज्ञानेन्द्र शाहले शेरबहादुर देउवा नेतृत्वको सरकार अपदस्थ गरी प्रत्यक्ष शासन सुरु गरेका थिए । त्यसको दुई सातापछि ५ फागुन २०६१ मा पूर्वप्रशासक भक्तबहादुर कोइरालाको अध्यक्षतामा पाँच सदस्यीय भ्रष्टाचार नियन्त्रण शाही आयोग गठन गरेकामा सर्वोच्च अदालतले यसलाई अवैधानिक भन्दै खारेज गरिदिएको थियो । आयोग गठनलाई कानुनी र संवैधानिक रूपमा प्रश्न उठाउँदै १ फागुन २०६२ मा प्रधानन्यायाधीशसहितको ५ सदस्यीय इजलासले आयोग अमान्य हुने फैसला गरेसँगै आयोग नै विघटन भएको थियो ।
लम्साल आयोग भने ‘नेपाल अधिराज्यको संविधान–२०४७’ अनुसार गठन भएको थियो । तर, आयोगको सिफारिस लुकाइयो । त्यसपछि निरन्तर उच्च पदस्थहरूको सम्पत्ति जाँचबुझ हुनुपर्ने माग उठिरहे पनि यसलाई बेवास्ता गरियो । २१ फागुनको निर्वाचनमार्फत रास्वपा प्रतिनिधिसभामा करिब दुईतिहाइ बहुमतसहित विजयी भएपछि १३ चैतमा रास्वपा वरिष्ठ नेता वालेन्द्र शाहको नेतृत्वमा सरकार गठन भएको हो । त्यसको तीन सातापछि २ वैशाखमा प्रधानमन्त्री शाहले पूर्वन्यायाधीश भण्डारीको नेतृत्वमा आयोग गठन गरी २० वर्षयता शासन/सत्ता र प्रशासनमा बसेका पदाधिकारी एवं अधिकारीको सम्पत्ति छानबिन गर्ने गरी आयोग बनाएका हुन् । महाभियोगबाट कारबाही हुने पद र बहालवाला सेनाका कर्मचारीको हकमा आयोगलाई अधिकार क्षेत्रबाट बाहिर राखिएको छ ।
