chhatramani/nepal_legal_acts_corpus_english huggingface dataset:
Agriculture and Forestry University Act, 2010

31. Provisions relating to Teachers and Employees: (1) There shall be teachers and employees in the University as prescribed.

(2) The appointment, functions, duties and powers, remuneration, facilities and terms of service of employees under Sub-section (1) shall be as prescribed. Chapter-10
Fund, Accounts and Audit of the University

32. Fund of the University: (1) The University shall have its own separate fund, and the following amounts shall be credited to such fund:-

(a) Amount received from the Government of Nepal,
(b) Amount received from the University Grants Commission,
(c) Amount received from local level,
(d) Amount provided by any person or institution in the form of subscription, donation, charity and financial assistance,
(e) Amount of assistance and grant received from persons or institutions engaged in industry, trade or business,
(f) Amount of assistance and loan received from international associations, organizations, foreign governments or agencies or financial institutions,
(g) Amount received from fees and any other sources.

(2) The University shall obtain prior approval of the Government of Nepal while receiving any amount under Clause (f) of Sub-section (1).

(3) The amount of the University's fund shall be deposited by opening an account in any commercial bank specified by the Executive Council.

(4) The operation of the fund and account of the University shall be as prescribed.

(5) All expenses of the University shall be borne from the fund under Sub-section (1) as approved by the Assembly. 33. Accounts and Audit: (1) The University shall maintain accounts of its income and expenditure in accordance with the accounting system adopted by the Government of Nepal.

(2) The University shall make arrangements for internal control system of accounts as prescribed.

(3) The audit of the University shall be conducted by the Auditor General. Chapter-11
Miscellaneous

34. Certificate and Degree Amended by the Some Nepal Acts Amendment Act, 2062 (2005).and Recognition: (1) The University may grant certificates and degrees as prescribed to students, trainees or researchers who have attained higher education in prescribed subjects, and may confer honorary degrees to persons who conduct research or perform commendable work in the academic field. Amended by the Some Nepal Acts Amendment Act, 2062 (2005).(2) The University may recognize academic degrees of other universities or educational institutions. 35. Qualifications Required for Admission to the University: (1) The qualifications of students or researchers required for admission to the University shall be as prescribed.

(2) While admitting students, the University shall, in accordance with the policy of the Government of Nepal, reserve seats for admission on the basis of prescribed percentage for students from women, indigenous/ethnic groups, Madhesi, Dalit, persons with disabilities, backward class or community. 35a.
Agriculture and Forestry University Act, 2010

35a. Added by the Act Made to Amend Some Nepal Acts Relating to Education, 2077 (2020).Free Higher Education and Scholarships: (1) Higher education shall be free for Dalit, marginalized, persons with disabilities and economically disadvantaged students who have fulfilled the criteria specified by the University and are admitted to the University or its constituent and community educational institutions.

(2) For the purpose of Sub-section (1), other provisions relating to basis, criteria, classification shall be as specified by the Government of Nepal by publishing a notice in the Nepal Gazette.

(3) Amended by the Some Nepal Acts Amendment Act, 2062 (2005).A student may enjoy the facility under Sub-section (1) only once at each level.

(4) Notwithstanding anything contained in the prevailing law, seats as prescribed shall be reserved for Dalit students for admission to technical and vocational higher education.

(5) The University shall make arrangements for higher education for the sons and daughters of martyrs, disappeared persons and persons with disabilities in accordance with the provisions in the prevailing law.

(6) A student who has studied in a community school from grade six to grade ten shall receive scholarships in higher education in accordance with the prevailing law. 36. To Act in Accordance with National Education Policy: It shall be the duty of the University to conduct functions in accordance with the national education policy of the Government of Nepal. 37. Acts and Proceedings Not to be Invalidated: No act or proceeding of the University shall be invalidated merely by reason of a vacancy in the office of any office bearer or member, or by reason of any defect in the appointment or nomination of any office bearer or member. 38. Protection of Acts Done in Good Faith: No suit or other action shall lie against the University or any office bearer of the University in respect of any act done or intended to be done in good faith pursuant to this Act or the rules made under this Act. 39. Prior Approval of Government of Nepal Required: The University shall obtain the approval of the Ministry of Finance, Government of Nepal before approving any post of office bearer, teacher or employee that imposes a financial liability on the Government of Nepal, or before increasing the remuneration and service facilities of such office bearer, teacher or employee. 40.
Agriculture and Forestry University Act, 2010

40. Delegation of Powers: (1) The Assembly may, as required, delegate some of the powers conferred upon it pursuant to this Act or the rules made under this Act to the Academic Council, Executive Council or Vice-Chancellor.

(2) The Academic Council may, as required, delegate some of the powers conferred upon it pursuant to this Act or the rules made under this Act to the Faculty Board.

(3) The Executive Council may, as required, delegate some of the powers conferred upon it pursuant to this Act or the rules made under this Act to any office bearer or committee of the University.

(4) The Service Commission may, as required, delegate some of the powers conferred upon it pursuant to this Act or the rules made under this Act to any committee of the University. 41. Liaison with Government of Nepal: The University shall liaise with the Government of Nepal through amended by the Act Made to Amend Some Nepal Acts Relating to Education, 2077 (2020).the Ministry of Education, Science and Technology. 42. Provision relating to Dissolution of the University: (1) If for any reason the University cannot be operated, the Government of Nepal may dissolve the University on the recommendation of the Assembly.

(2) If the University is dissolved under Sub-section (1), the movable and immovable assets of the University shall vest in the Government of Nepal. 43. Power to Make Rules: The University may make necessary rules for the purpose of implementing the objectives of this Act.
Prevention of Corruption Act, 2002

Prevention of Corruption Act, 2059

Royal Seal and Date of Publication
2059.03.05

Certification and Date of Publication
2059.03.05

Amending Acts

1. Republic Strengthening and Some Nepal Laws Amendment Act, 2066 2066.10.07
2. Prevention of Corruption (First Amendment) Act, 2081 2081.12.03

Act No. 1 of the year 2059



An Act Made to Provide for Timely Legal Arrangements in Relation to Prevention of Corruption

Preamble: Whereas, it is desirable to provide for timely legal arrangements in relation to the prevention of corruption in order to maintain economic discipline, morality, and integrity in society for the happiness, peace, and economic well-being of the general public;

This Act is enacted by Parliament in the first year of the reign of His Majesty King Gyanendra Bir Bikram Shah Dev. Chapter-1
Preliminary

1. Short Title, Extent and Commencement: (1) This Act may be called the "Prevention of Corruption Act, 2059".

(2) This Act shall apply throughout Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. and shall also apply to Nepali citizens, public servants, and non-Nepali citizens residing abroad who have committed any act deemed to be corruption under this Act, wherever they may be residing or staying outside Nepal Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066..

(3) This Act shall come into force immediately. 2. Definitions: Unless the subject or context otherwise requires, in this Act,

(a) "Corruption" means an offence punishable under Chapter-2.

(b) "Gratification" means cash, kind, or any other type of benefit or facility, and the term also includes a bribe.
Prevention of Corruption Act, 2002

2. Definitions: Unless the subject or context otherwise requires, in this Act,

(a) "Corruption" means an offence punishable under Chapter-2.

(b) "Gratification" means cash, kind, or any other type of benefit or facility, and the term also includes a bribe. Amended by the First Amendment.(c) "Public entity" means the following institutions or bodies:-

(1) Government bodies under the Government of Nepal, Provincial Government, or Local Level,

(2) Commissions, committees, corporations, authorities, companies, foundations, boards, centres, councils, and other organised institutions of a similar nature established by the Government of Nepal, Provincial Government, or Local Level pursuant to prevailing law,

(3) Institutions, companies, or committees under full or partial ownership or control of the Government of Nepal, Provincial Government, or Local Level,

(4) Universities, colleges, schools, research centres, and other institutions of a similar nature operated by the Government of Nepal, Provincial Government, or Local Level, or receiving full or partial grants from the Government of Nepal, Provincial Government, or Local Level,

(5) Institutions operated or guaranteed with loans or grants from the Government of Nepal, Provincial Government, or Local Level,

(6) Institutions having full or partial ownership or control of an institution mentioned in sub-clause (2), (3), (4), or (5),

(7) Consumer committees or other similar institutions formed, with the permission or pursuant to an agreement of the Government of Nepal, Provincial Government, or Local Level, for the conservation, promotion, utilisation, or consumption of natural resources, or for carrying out development and construction related work,

(8) To the extent of work and activities related to a programme or project operated by an institution receiving a grant from the Government of Nepal, Provincial Government, or Local Level, such institution,

(9) Any other institution designated as a public entity by the Government of Nepal by publishing a notice in the Nepal Gazette.
Prevention of Corruption Act, 2002

Amended by the First Amendment.(d) "Public servant" means a person holding a public office, and the term also includes the following persons:-

(1) A person holding a position empowered to exercise any public authority or required to perform duties or discharge obligations pursuant to the Constitution, prevailing law, or a decision, order, or agreement of the relevant body or authority,

(2) A person appointed, nominated, or elected, whether permanently, temporarily, or in any other manner, with or without remuneration, to a legislative, executive, judicial, or administrative position,

(3) A person appointed, nominated, or elected to receive salary or any other financial facility from any government fund,

(4) A person appointed, nominated, or elected, whether or not receiving salary, allowance, remuneration, facility, status, or any other benefit, by virtue of an oath taken before the President, the Government of Nepal, Provincial Government, or Local Level, or a public entity, or by virtue of an agreement, undertaking, or condition made with a body of the Government of Nepal, Provincial Government, or Local Level, or a public entity, or from a body of the Government of Nepal, Provincial Government, or Local Level, or an entity under its full or partial ownership, or any other public entity, for the purpose of performing public duties,

(5) A mediator or any other person of similar status appointed pursuant to prevailing law to resolve any dispute,

(6) A liquidator, surveyor, or person working in a similar capacity appointed, elected, or nominated pursuant to prevailing law,

(7) An appraiser who appraises property for the purpose of extending loans from a public entity,

(8) A person who prepares the design or specification of any building or infrastructure structure of a public entity,

(9) A consultant, advisor, representative, or expert appointed to perform any work pursuant to an agreement with the Government of Nepal, Provincial Government, or Local Level, or an entity under its full or partial ownership or control, or any other public entity,

(10) A person holding any position in a public entity,

(11) A person holding any other position deemed to be a public office pursuant to prevailing law,

(12) Any other person designated by the Government of Nepal by publishing a notice in the Nepal Gazette.
Prevention of Corruption Act, 2002

Amended by the First Amendment.(e) "Revenue" means the following taxes and non-taxes:-

(1) Customs duty, excise duty, income tax, value added tax, or any other tax payable or deposit to the Government of Nepal pursuant to prevailing law,

(2) Tax payable or deposit to the Provincial Government pursuant to prevailing law,

(3) Tax payable or deposit to the Local Level pursuant to prevailing law,

(4) Non-tax revenue payable or deposit to the Government of Nepal, Provincial Government, or Local Level pursuant to prevailing law.

(f) "Gravity of offence" means the gravity of the offence determined on the basis of the condition, circumstance, and severity of the offence committed or attempted under this Act, as well as the intention, capability, post, and status of the person committing or attempting to commit such offence.

(g) "Investigation officer" means a body or officer authorised pursuant to prevailing law to investigate, inquire into, and file a case regarding an offence relating to corruption. Added by the First Amendment.(h) "Proceeds of offence" means any type of property obtained or taken, directly or indirectly, as a result of committing any offence. Added by the First Amendment.(i) "Property" means any type of movable, immovable, tangible, or intangible property, and the term also includes a legal instrument or document establishing a right to such property. Added by the First Amendment.(j) "Document" means a public document, paper, or electronic record or digital preservation prepared through electronic means or in any other form or manner. Chapter-2

Provisions Relating to Offence of Corruption and Punishment

3.
Prevention of Corruption Act, 2002

Added by the First Amendment.(j) "Document" means a public document, paper, or electronic record or digital preservation prepared through electronic means or in any other form or manner. Chapter-2

Provisions Relating to Offence of Corruption and Punishment

3. Punishment for Taking or Giving Gratification: Amended by the First Amendment.(1) If a public servant, or a person about to become a public servant, takes or agrees to take gratification, directly or indirectly, for himself or for any other person, as a motive or reward for doing or having done, or for forbearing or having forborne to do, any act relating to his office or position, or for showing or having shown favour or disfavour to any person in connection with any act relating to his office or position, or for doing or having done, or forbearing or having forborne to do, any such act, then depending on the gravity of the offence, punishment shall be as follows:-

(a) Up to fifty thousand rupees - Imprisonment from one month to six months
(b) More than fifty thousand rupees up to one hundred thousand rupees - Imprisonment from six months to one year
(c) More than one hundred thousand rupees up to five hundred thousand rupees - Imprisonment from one year to two years
(d) More than five hundred thousand rupees up to two million five hundred thousand rupees - Imprisonment from two years to four years
(e) More than two million five hundred thousand rupees up to five million rupees - Imprisonment from four years to six years
(f) More than five million rupees up to ten million rupees - Imprisonment from six years to eight years
(g) More than ten million rupees up to one hundred million rupees - Imprisonment from eight years to ten years
(h) More than one hundred million rupees, whatever the amount - Imprisonment from ten years to fourteen years.
Prevention of Corruption Act, 2002

Added by the First Amendment.(1a) If gratification has already been taken pursuant to sub-section (1), the gratification so taken shall be confiscated.

(2) If any person other than a public servant, with the intention of inducing any public servant to do or forbear to do any act relating to his office or status, or as a reward for having induced him to do or forbear to do such act, or with the intention of inducing the public servant to show or forbear to show favour or disfavour to any person in connection with any act relating to that office or status, or as a reward for having induced him to show or forbear to show favour or disfavour, takes or agrees to take any gratification, directly or indirectly, for himself or for any other person, from any person, whether with or without the knowledge of the public servant, then such person shall be punished with the punishment mentioned in sub-section (1), and if the gratification has been taken, it shall also be confiscated.

(3) If any person gives or offers or agrees to give gratification, directly or indirectly, to a public servant or any other person, to do or cause to be done, or forbear or cause to be forborne, any act pursuant to sub-section (1) or (2), Amended by the First Amendment. then such person shall be punished according to the gravity of the offence with the punishment mentioned in sub-section (1).

(4) Any person who abets the commission of any offence punishable under this section shall, whether or not the offence is committed as a result of such abetment, be liable according to the gravity of the offence: if such person is a public servant, to the punishment provided for that offence, and if any other person, to half of that punishment. 4.
Prevention of Corruption Act, 2002

4. Punishment for a Public Servant Taking Goods or Services Without Payment or at a Reduced Price: If a public servant, knowing that a person has or is likely to have a concern in any work or action done or to be done by him relating to his office or position, or is connected with the work of his office, takes or agrees to take or attempts to take from such person, for himself or for any other person, without the permission of Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. the Government of Nepal, Provincial Government, Local Level, or public entity, any goods or services without payment or at a reduced price, then depending on the gravity of the offence, such person shall be punished with imprisonment from six months to one year and a fine according to the amount involved, and if the goods have been taken, they shall be confiscated; in the case of services, the loss for the service shall be determined and a fine according to that loss shall be imposed. 5. Punishment for Accepting Donations, Alms, Gifts, or Contributions: (1) If any public servant, without prior approval of Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. the Government of Nepal, Provincial Government, Local Level, or public entity, accepts or causes any member of his family or any other person to accept any type of donation, alms, gift, present, contribution, or any kind of benefit from any person in a manner that may affect any work required to be performed according to the position he holds, or borrows from a person connected with the work required to be performed according to the position he holds, then depending on the gravity of the offence, such public servant shall be punished with imprisonment from three months to six months and the amount involved shall be confiscated.

(2) If a public servant receives any gift or present from any person in exchange for gifts or presents purchased from the fund of the Government of Nepal, Provincial Government, Local Level, or public entity, such gift or present shall be deposited immediately in his office. If not deposited, he shall be deemed to have committed an offence under sub-section (1) and shall be punished accordingly, and such gift or present shall also be confiscated. 6.
Prevention of Corruption Act, 2002

If not deposited, he shall be deemed to have committed an offence under sub-section (1) and shall be punished accordingly, and such gift or present shall also be confiscated. 6. Punishment for Taking Commission: If it appears that any public servant, in the course of performing his duties, or when purchasing or taking or giving on hire or lease any goods or services required by Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. the Government of Nepal, Provincial Government, Local Level, or public entity, or when taking or giving any contract by the Government of Nepal, Provincial Government, Local Level, or public entity, or when selling or taking or giving on hire or lease goods or services produced by the Government of Nepal, Provincial Government, Local Level, or public entity, is entitled to receive any type of commission, remuneration, brokerage fee, facility, or benefit, then such commission, remuneration, brokerage fee, facility, or benefit shall be deposited in the relevant office within seven days from the date of receipt. If not deposited, such public servant shall be deemed to have committed an offence under section 3 and shall be punished accordingly, and the amount involved shall also be confiscated. 7.
Prevention of Corruption Act, 2002

If not deposited, such public servant shall be deemed to have committed an offence under section 3 and shall be punished accordingly, and the amount involved shall also be confiscated. 7. Punishment for a Public Servant Causing Revenue Leakage: If a public servant whose duty it is to collect revenue causes revenue leakage by doing any of the following acts, or helps any person to cause revenue leakage, or abets by being involved himself, then depending on the amount of revenue leaked, he shall be deemed to have committed an offence under section 3 and shall be punished with imprisonment accordingly and shall also be liable to a fine equal to twice the amount of revenue leakage:-

(a) Accepting any cash or kind amount, fee, reward, gratuity, or any other type of benefit, or being subject to favour or with the intention of showing favour, assisting any person in any manner in causing revenue leakage, or, whether or not taking any type of benefit or facility from any person, causing loss to the Government of Nepal, Provincial Government, Local Level, or public entity by not collecting revenue or helping to collect or cause to collect less revenue,

(b) Determining or causing to determine lesser revenue, or helping in the work of determining or causing to determine no revenue at all, without examining or inspecting the documents that should be examined or inspected as per prevailing law when determining revenue, or without collecting necessary evidence,

(c) Misappropriating collected revenue without depositing it as per prevailing law,

(d) When determining revenue or appraising goods as per prevailing law, releasing goods without collecting the revenue due, or helping to release goods, by altering the invoice, quality, or quantity of the goods presented. Added by the First Amendment.7a. Punishment for Other Persons Causing Revenue Leakage: Any person other than a public servant who in any manner influences, helps, abets, or derives benefit by committing an offence of revenue leakage under section 7 shall be punished as the principal offender under the same section. 8.
Prevention of Corruption Act, 2002

9. Punishment for a Public Servant Preparing a False Document: If any public servant whose duty it is to prepare any document, with mala fide intention to cause loss to Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. the Government of Nepal, Provincial Government, Local Level, or government body or public entity or any person, prepares such document, then depending on the gravity of the offence, he shall be punished with imprisonment from three months to one year and a fine from ten thousand rupees to fifty thousand rupees. 10. Punishment for Making a False Translation: If a public servant or any other person authorised or assigned to do translation work, with mala fide intention to cause loss to Deleted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. the Government of Nepal, Provincial Government, Local Level, government body, or public entity, or to cause benefit to himself or any other person, makes a false translation of any document, or translates by including false details, or alters the name, surname, date, fact, or other similar matter, then depending on the gravity of the offence, such person shall be punished with imprisonment from three months to one year and a fine from ten thousand rupees to fifty thousand rupees. 11. Punishment for Altering Government Documents: Any public servant or other person who, without authorisation or in an unlawful manner, corrects, erases, adds to, subtracts from, or tampers with documents of a government body or public entity, shall be punished depending on the gravity of the offence with imprisonment from three months to two years and a fine up to fifty thousand rupees. 12. Punishment for Damaging Documents of Government or Public Entity: If any public servant hides, damages in any manner, or destroys documents of a government or public entity, he shall be punished depending on the gravity of the offence with imprisonment from six months to one year and a fine from ten thousand rupees to fifty thousand rupees. If any kind of loss or damage has occurred as a result of such hiding, damaging, or destroying, that loss shall also be recovered. Amended by the First Amendment.13.
Prevention of Corruption Act, 2002

If any kind of loss or damage has occurred as a result of such hiding, damaging, or destroying, that loss shall also be recovered. Amended by the First Amendment.13. Punishment for Committing Offences Relating to Examinations: (1) If any public servant, except where the authorised officer opens or causes to open the question paper of an examination conducted by a public entity stating a special circumstance, and with mala fide intention to cause unlawful benefit or loss to himself or any other person, prior to the prescribed time, breaches or causes to breach the confidentiality of such question paper, alters or causes to alter answer scripts, conducts or causes to conduct the examination contrary to the prescribed standards and limits, or participates in the examination or examines answer scripts, or alters or causes to alter the result of the examination by doing any other act, then such public servant shall be punished depending on the gravity of the offence with imprisonment from three months to one year and a fine from ten thousand rupees to fifty thousand rupees.

(2) If it appears that the result of an examination has been altered under sub-section (1), the investigation officer may send a letter to the relevant body to take necessary action as per law, and upon receiving such letter, it shall be the duty of the relevant body to act accordingly. 14. Punishment for a Public Servant Engaging in Unlawful Trade or Business: If any public servant, in contravention of what is not permitted by prevailing law, engages in trade in his own name or in the name of another or in partnership, or participates in auction bidding or contracts, or becomes a shareholder of any firm, company, or cooperative society, then depending on the gravity of the offence, he shall be punished with imprisonment from three months to six months and a fine from ten thousand rupees to fifty thousand rupees, and the property so acquired shall also be confiscated. Provided that, this section shall not be deemed to prevent the purchase of shares offered for public sale by a public limited company. 15.
Prevention of Corruption Act, 2002

Provided that, this section shall not be deemed to prevent the purchase of shares offered for public sale by a public limited company. 15. Punishment for Claiming to Hold an Office Not Held: If any public servant or any other person claims to have an office, authority, status, or facility that he does not have, or exercises the office, authority, status, or facility of a public servant, or displays a symbol, uniform, or insignia relating to an office he does not hold, or wears or displays any thing resembling such symbol, uniform, or insignia with the intention that others believe it to be the symbol, uniform, or insignia of a public servant's office, then depending on the gravity of the offence, such person shall be punished with imprisonment from one year to two years and a fine from fifty thousand rupees to one hundred thousand rupees. Added by the First Amendment.15a. Punishment for Misuse of Official Status: (1) If any public servant misuses the official status of the position he holds or the work he is required to perform, then depending on the gravity of the offence, he shall be punished with imprisonment for up to one year, or a fine up to five hundred thousand rupees, or both.

(2) For the purpose of sub-section (1), if any public servant knowingly does any of the following acts with the objective of obtaining unlawful benefit for himself or any other person, or causing loss or damage to a public entity, he shall be deemed to have misused his official status:-

(a) Making a decision by entering into a matter not within his jurisdiction or interfering in the jurisdiction of another authority,

(b) Making a decision or giving an order in a matter where there is a clear conflict of interest,

(c) Misusing the immunity, facility, or exemption available by virtue of his official status,

(d) Causing any work to be done by exerting undue pressure or inducing an employee under his authority or a person under his influence. 16.
Prevention of Corruption Act, 2002

16. Punishment for Furnishing False Details: (1) If any person, with the intention of obtaining a public servant's office or continuing in such office, or obtaining any status, benefit, or facility, furnishes false details regarding educational qualification, name, three generations, age, caste, surname, address, citizenship, or qualification, or any other matter, or submits a false certificate relating thereto, then depending on the gravity of the offence, such person shall be punished with imprisonment from six months to one year and a fine from ten thousand rupees to twenty thousand rupees.

(2) If a public servant whose duty it is to submit a property statement as per this Act or prevailing law gives a false statement by inflating the actual property held in his name or in which he has a share, or by concealing property held in the name of his joint family, then he shall be punished with imprisonment from one month to three months and a fine up to ten thousand rupees. The property so concealed shall also be confiscated. Amended by the First Amendment.17. Punishment for Misappropriation or Misuse of Property: If any public servant, with mala fide intention, misappropriates or misuses public, government, or private property in his custody to benefit himself or any other person or body, or destroys, converts, or transfers it, then such property or its loss shall be recovered from him and from any other person who committed the offence in collusion with him, and depending on the gravity of the offence, he shall be punished under section 3. Added by the First Amendment.17a.
Prevention of Corruption Act, 2002

Added by the First Amendment.17a. Punishment for Causing Loss or Damage by Not Making a Decision: (1) If any public servant is required by law to make a decision within a specific period, and except in cases of reasonable cause, knowingly and mala fidely, by taking, giving, or causing to give benefit to himself or any other person, fails to make such decision, thereby causing loss or damage to a public entity or person, then depending on the gravity of the offence, such public servant shall be punished with imprisonment for up to six months, or, if the amount of loss or damage is known, a fine according to that amount, or if the amount is not known, a fine up to fifty thousand rupees, or both.

(2) For the purpose of sub-section (1), if a public servant is unable to make a decision due to a proper and reasonable cause, he shall record such cause in the relevant file and inform the authority one level above.

(3) Notwithstanding anything contained in this section, if there is a situation where a specific work is required to be done within a specific period pursuant to a contract or agreement, it shall be as per that contract or agreement.

(4) The provisions of this section shall not be deemed to prevent any action under prevailing law or claiming compensation in relation to loss or damage caused to any person due to the failure of a public servant to make a decision under sub-section (1). 18. Punishment for Giving Unlawful Pressure: If any public servant or any other person, through threats of killing, kidnapping, deprivation of property, defamation, fear, terror, or any other type of unlawful pressure, causes a public servant or any other person to commit an offence punishable under this Act, then depending on the gravity of the offence, such person shall be punished with imprisonment from four years to eight years and a fine from one hundred thousand rupees to five hundred thousand rupees. 19.
Prevention of Corruption Act, 2002

19. Punishment for Submitting a False Report: (1) If any public servant or other person authorised to conduct an audit in a government body or public entity, when conducting an audit, mala fidely prepares an audit report showing matters not in the transactions or omitting facts that have occurred, then depending on the gravity of the offence, such public servant or other person shall be punished with imprisonment from three months to one year and a fine from ten thousand rupees to fifty thousand rupees.

(2) Other than as mentioned in sub-section (1), if any public servant or other person whose duty it is to study or investigate any matter in the course of the work of a government body or public entity and submit a report, when submitting such report after study or investigation, mala fidely conceals or hides facts that have occurred, or shows matters that have not occurred or been done, then depending on the gravity of the offence, such person shall be punished with imprisonment from three months to one year and a fine from ten thousand rupees to fifty thousand rupees. 20. Deemed Unlawful Acquisition of Property: (1) If the property statement submitted by a public servant deemed to hold a public office as per prevailing law appears inconsistent and abnormal, or if such public servant, without reasonable cause, leads an inconsistent and abnormally high standard of living, or if it is proved that he has given donations, alms, gifts, loans, contributions, or gratuities to any person beyond his capacity, then he shall be required to prove from what source such property was acquired, and failing which, such property shall be deemed to have been acquired unlawfully.

(2) If a

34. To obtain services: (1) The investigation officer may, as necessary, obtain the services of an expert or specialized body on the relevant subject while conducting investigation and inquiry and other related proceedings.

(2) To obtain services pursuant to sub-section (1), the investigation officer shall appoint the concerned expert or specialized body, and while making such appointment, the investigation officer shall enter into an agreement specifying the work to be performed by such expert or specialized body, the rights they may exercise, the conditions to be observed, the procedures, and the remuneration and other facilities to be received by such expert or specialized body.

(3) If the investigation officer requires the services of an employee of the Government of Nepal or a specialized body, then, notwithstanding anything contained in the prevailing law, such employee shall be deputed for the duration requested by the investigation officer. 35.
Prevention of Corruption Act, 2002

35. To file away: If, during the conduct of investigation and inquiry pursuant to this Act, the alleged offence cannot be proven based on the evidence collected, the investigation officer may, by preparing a memo with reasons, file away the related complaint, and upon a decision to file away, notice thereof shall be given to the accused person and the complainant. Provided, however, that if any new evidence is discovered later, nothing in this section shall be deemed to prevent the re-initiation of investigation and inquiry proceedings in relation to such complaint. 36. To file a case: If, from the investigation and inquiry conducted against a person concerning an allegation of an offence under this Act, there is reasonable cause to believe that such person has committed the said offence, the investigation officer shall file a case before the officer authorized to hear cases under the prevailing law for the proceedings and adjudication of a corruption-related case. Chapter-4

Provisions relating to Corruption Monitoring

37. National Vigilance Center: (1) For the effective control of corrupt activities and to enhance public awareness against corruption, the Government of Nepal may establish a National Vigilance Center under the direct supervision and control of the Prime Minister.

(2) The Government of Nepal may designate an officer of the special class of the civil service as the head of the Center pursuant to sub-section (1), and the Center shall have such employees of the service of the Government of Nepal as necessary. Amended by the First Amendment.38.
Prevention of Corruption Act, 2002

Amended by the First Amendment.38. Functions, duties and powers of the National Vigilance Center: (1) The functions, duties and powers of the National Vigilance Center established pursuant to sub-section (1) of Section 37 shall be as follows:-

(a) To collect information on whether the activities to be performed by public entities are being performed regularly,

(b) If it is found that activities that should be performed regularly by public entities are not being performed, to caution such entities in that regard,

(c) To monitor the property details and income submitted by any public servant pursuant to this Act or prevailing law,

(d) To maintain regular surveillance on places or works where corruption may occur, and to arrange for necessary spot checks and investigations,

(e) To provide necessary suggestions to the Government of Nepal if it appears that any improvement is needed in policies, strategies, and related laws to be adopted concerning corruption control,

(f) To arrange for the placement of complaint boxes in public entities,

(g) To give any suggestion or direction to the concerned body as necessary with the aim of preventing corruption,

(h) To obtain necessary details or information regarding corruption from the body or official investigating corruption-related offences and to keep them updated,

(i) To forward in writing any information received regarding corruption to the concerned body,

(j) To conduct technical examination of projects constructed or operated by public entities as necessary,

(k) To perform, or cause to perform, other functions arising in relation to corruption control,

(l) To perform, or cause to perform, other functions as specified by the Government of Nepal.

(2) For the purpose of collecting information pursuant to clause (a) of sub-section (1), the National Vigilance Center may request necessary details or documents from the concerned body.

(3) If the concerned official of a public entity fails to act according to the direction or suggestion given pursuant to clause (chha) of sub-section (1), or fails to submit the details or documents pursuant to sub-section (2), the National Vigilance Center may write to the concerned authority to take action against such official according to law.

(4) Upon receipt of a written communication pursuant to sub-section (3), the concerned authority shall take necessary action against such official and inform the National Vigilance Center thereof. Chapter-5

Miscellaneous

39. May take details or freeze transactions or accounts: (1) Notwithstanding anything contained in the prevailing law, if, during the investigation of a corruption offence, information comes to light from any source regarding transactions or accounts operated in any bank or financial institution, whether within or outside the country, of any person, the investigation officer may order the freezing of such transactions or accounts.
Prevention of Corruption Act, 2002

Pursuant to the order of the investigation officer, the concerned bank or financial institution shall freeze such transactions or accounts. Provided, however, that if it is necessary to freeze such transactions or accounts with a bank or financial institution located abroad, the investigation officer may cause the transactions or accounts to be frozen through diplomatic channels.

(2) If the head of the concerned bank or financial institution located in Nepal fails to freeze the transactions or accounts pursuant to sub-section (1), the investigation officer may impose a fine of up to fifty thousand rupees on such head.

(3) The investigation officer may, if deemed necessary during investigation, request details of or freeze the property of a person holding a public office. 40. May not issue passport or may impound: Notwithstanding anything contained in the prevailing law, based on the gravity of the offence, the circumstances and extent of the offence committed by the accused, and the punishment that may be imposed upon conviction, the investigation officer may order the concerned body not to issue a passport to an accused, or if already issued, to impound such passport. 41. May restrict from leaving a place: If proceedings are initiated against a person pursuant to this Act, considering the gravity of the offence committed by such person, the circumstances or situation at the time of committing the offence, and the quantum of punishment upon conviction, the investigation officer may issue an order prohibiting an accused from leaving any place or going to any place without the approval of the investigation officer. 42.
Prevention of Corruption Act, 2002

42. Provisions relating to service of notice: (1) Notwithstanding anything contained in the prevailing law, when a notice is required to be served in the name of a foreign person in an offence under this Act, if such person has any office or representative within NepalOmitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066., the notice shall be served in the name of such office or representative, and the notice served in this manner shall be deemed to have been duly served.

(2) If there is no such office or representative as referred to in sub-section (1), if such person has a principal place of business, or a permanent residence address, or any address provided by such person for correspondence at the time of transaction, the notice shall be served at such address through telex, telefax, or other telecommunication means capable of being recorded, or by registered post, and the notice served in this manner shall be deemed to have been duly served.

(3) Notwithstanding anything contained in sub-section (1) or (2), if there is a separate provision in any treaty to which the Government of Nepal or NepalOmitted by the Republic Strengthening and Some Nepal Laws Amendment Act, 2066. is a party for serving notice in the name of a person residing abroad, nothing in this section shall be deemed to prevent service of notice in accordance with such provision. 43. To publish notice: If, while sending a notice or serving a notice in the name of a person pursuant to this Act or any other prevailing law, a report is received stating that such notice could not be delivered or served due to the address of such person not being found or for any other reason, then, notwithstanding anything contained in the prevailing law, a public notice shall be published in a national newspaper (in a daily English newspaper in the case of a foreigner) at least twice, giving such person a period of up to thirty days to appear, stating a brief description of the matter if an investigation has been conducted or a case has already been filed before the officer hearing the case, and upon such publication of notice, such person shall be deemed to have been duly notified or served with notice, notwithstanding anything contained in this Act or any other prevailing law. 44.
Prevention of Corruption Act, 2002

44. Duty of government bodies and public entities: If the head of any government body or public entity receives any information that corruption has occurred in his/her office or any office under his/her jurisdiction, he/she shall immediately take custody of the documents and files related to such matter and keep them safe, and after ascertaining the truth from the persons and employees related to such matter, if there appears to be a reason to believe that corruption has occurred, he/she shall send such documents to the concerned body for investigation and inquiry. 45. Case may be filed against a retired person also: Notwithstanding anything contained in this Act, if a public servant, while holding a position, has committed corruption by misappropriating or causing damage or loss to government or public property or property of an institution owned by the Government of Nepal, a case may be filed against such person even after he/she has retired from that position. 46. Proceedings and adjudication of case not barred: Notwithstanding anything contained in the prevailing law, even if the accused or defendant dies before or after the filing of a case under this Act, the proceedings and adjudication of the case shall not be barred. Amended by the First Amendment.47.