Economic Procedure and Financial Accountability Act, 2019

48. Irregular Amount to be Recovered from Property: The irregular amount received for recovery pursuant to sub-section (3) of section 47 shall be recovered by Kumari Chowk and Central Treasury Office from the property of the concerned person in the same manner as government arrears. 49. Functions, Duties, and Powers of Kumari Chowk and Central Treasury Office: (1) If a letter is received from the concerned body for recovery of amounts recoverable from a responsible person under this Act and other prevailing laws, or amounts payable under a contract with the Government of Nepal that have not been paid, or amounts from a person who has misappropriated government cash or property, Kumari Chowk and Central Treasury Office shall record in the register for recovery of such amount from the responsible person.

(2) The duty of recovering the amount recorded in the register pursuant to sub-section (1) shall lie with Kumari Chowk and Central Treasury Office.

(3) If, at the time of commencement of this Act, the amount recoverable already recorded in the register at Kumari Chowk and Central Treasury Office appears easier to recover from the concerned Province or Local Level, the register may be transferred to the concerned Provincial Account Controller Office for recovery or causing recovery.

(4) Except as provided in sub-sections (1) and (3), if a person liable to pay a fine or penalty under a decision of a quasi-judicial body or authority made by exercising powers conferred under prevailing law fails to pay such fine or penalty, the concerned quasi-judicial body or authority or the chief of such quasi-judicial body shall send the details of such fine or penalty to Kumari Chowk and Central Treasury Office for recovery.

(5) Upon receipt of any details pursuant to sub-section (4), Kumari Chowk and Central Treasury Office shall record the register according to such details and recover the fine or penalty under such decision or order from the concerned person in the same manner as government arrears and deposit it into the Federal Consolidated Fund.

(6) After the fine or penalty recoverable pursuant to sub-section (5) has been recovered, Kumari Chowk and Central Treasury Office shall provide the details thereof to the concerned Account Officer and the chief of the concerned quasi-judicial body.

(7) While recovering the amount to be recovered, Kumari Chowk and Central Treasury Office may exercise powers equivalent to those of a court regarding examining necessary evidence, taking statements, summoning witnesses, and taking action including detention subject to the prevailing law.

(8) While recovering irregularity or fine/penalty recorded in the register as determined to be recoverable, Kumari Chowk and Central Treasury Office may recover itself or through other offices.

(9) If Kumari Chowk and Central Treasury Office writes to provide assistance in the work of recovering irregular amounts under this section, it shall be the duty of the concerned office to provide necessary assistance.

(10) Other functions, duties, and powers of Kumari Chowk and Central Treasury Office and procedures relating to recovery and settlement of irregularities shall be as prescribed.