Chapter – 2 Provisions Relating to Offences of Corruption and Punishment

Chapter – 2 Provisions Relating to Offences of Corruption and Punishment

Chapter – 2 Provisions Relating to Offences of Corruption and Punishment
3. Punishment to Giver and Taker of Graft:

(1) Whoever, being, or expecting to become, a public servant accepts or agrees to accept graft amounting as follows for him/herself or for any other person in consideration of his/her performing or having performed or of
forbearing to perform or having forborne to perform any act pertaining to his/her office or the related act or in consideration of favouring or disfavouring or causing or not causing a loss or of having favoured or disfavoured or having caused or not caused a loss to any person while carrying out his/her official functions, shall be liable to a punishment of imprisonment as follows and of a fine as per the amount involved depending on the degree of the offence. In case the graft has already been accepted, it shall be confiscated.
(a) Up to twenty five thousand rupees. Imprisonment for a term not exceeding three months.
(b) More than twenty five thousand Imprisonment for a term from rupees to fifty thousand rupees. three to four months.
(c) More than fifty thousand rupees to Imprisonment for a term from four one hundred thousand rupees. to six months.
(d) More than one hundred thousand Imprisonment for a term from six rupees to five hundred thousand months to one year and six months. rupees.
(e) More than five hundred thousand Imprisonment for a term from one rupees to one million rupees. year and six months to two years and six months.
(f) More than one million rupees to two Imprisonment for a term from two million and five hundred thousand years and six months. rupees.
(g) More than two million and five Imprisonment for a term from four hundred thousand rupees to five to six years.
million rupees.
(h) More than five million rupees to ten Imprisonment for a term from six million rupees. to eight years.
(i) Whatsoever amount above ten Imprisonment for a term from million rupees. eight to ten years.
(2) Whoever, other than a public servant, accepts or agrees to accept graft amounting as follows for him/herself or for any other person with the intention of convincing any public servant to perform or forbear to perform any function under his/her office or position or for convincing to perform or forbear to perform any such act or with the intention of favoring or disfavoring any person or causing or not causing any loss or for convincing to perform or forbear to perform any such act while carrying out any function under his office or position, shall be liable to a
punishment of imprisonment as follows and of a fine as per the amount involved depending on the degree of the offence. In case the graft has already been accepted, it shall be confiscated.
(3) Whoever gives a graft to a public servant or any other person in order to do or forbear to do any function pursuant to Sub-Section (1) or (2), shall be liable to a punishment pursuant to Sub-Section (1) depending on the
degree of the offense committed.
(4) Whoever abates to commit an offence punishable under this Section shall, if he/she is a public servant, be liable to a punishment as same as the punishment prescribed for the same offence, and if he/she is any other person, shall
be liable to half of the punishment for that offence on the basis of the degree of the offence irrespective of whether or not the offence has been committed because of such abetment.
4. Punishment to Public Servants Accepting Goods or Service Free of Cost or at Lower Prices: Whoever, being a public servant, accepts or agrees or attempts to accept, without a prior approval of Government of Nepal or public
institution, any goods or service free of cost or at lower prices for him/herself or for any other person, from any individual, having knowledge that such individual is related to or is likely to be related to any act related to his/her office or any act carried out or to be carried out by him/herself is related to any function of his office, shall be liable to a punishment of imprisonment for a term from six months to one year depending on the degree of the offence and a fine equal to the amount involved and in case such goods is already accepted, it shall be confiscated and in case of the service, the price thereof shall be fixed and a fine equal to theprice of such service shall be imposed.
5. Punishment for Taking Gift, Present, Award or Donation: (1) Whoever, being a public servant, accepts, without a prior approval Government of Nepal or a public institution, any type of donation, gifts, presents, awards or any
type of benefit him/herself or through any member of his/her family or other person, so as to causing an impact in any way on any of his/her works which is supposed to be carried out by him/her according to the office he/she assumes; or any public servant who borrows from a person related to a work which he/she
has to carry out according to the office he assumes, shall be liable to a punishment of imprisonment from three to six months depending on the degree of the offence and the amount shall be confiscated.
(2) Whoever, being a public servant, has received any present or gift in exchange of a gift or present brought from the amount of a fund belonging to Government of Nepal or a public institution, such gift or present
shall be immediately submitted to his/her office. If not submitted, it shall be deemed to have committed the offence referred to in Sub-section (1) and such gift or present shall be confiscated having him/her punished accordingly.
6. Punishment for Taking Commission: In case any type of commission,
remuneration, brokerage fee, benefit or advantage is liable to be paid while
performing duties by a public servant or while purchasing or hiring or taking or
giving on a lease any commodity or service necessary for Government of
Nepal or a public institution or while awarding or accepting a contract by
Government of Nepal or a public institution or while selling or hiring or
taking or giving on a lease any commodity or service produced by Government
of Nepal or a public institution, such commission, remuneration, brokerage fee,
benefit or advantage shall be submitted to the concerned office within seven
days from the date of receipt. In case not submitted as such, such public servant
shall be deemed to have committed the offence referred to in Section 3 and the
amount shall be confiscated having him/her punished accordingly.
7. Punishment to Public Servants for Leaking Revenue: Whoever, being a
public servant under the duty of collecting revenues, causes revenue leakage or
help or abets any person for its leakage having been involved him/herself in
any of the following manners, shall be deemed to have committed the offence
referred to in Section 3 with regard to the amount of revenue so leaked and
he/she shall be liable to the same punishment of imprisonment, and double of
the amount of revenue leaked shall be fined: –
(a) To assist any person in the act of leaking revenue in any manner
whatsoever, having accepted any cash or kind, fee, prize or donation
or any type of other benefit or forbear to collect revenue or to assist or
cause to assist to collect less revenue having caused loss to Government
of Nepal or a public institution by taking or not taking any type of gain
from any person;
(b) To assess or assist to assess less revenue or to assess revenue to
the effect of not charging revenue at all by not going through the
documents or not investigating such documents or by not collecting
necessary evidence while assessing revenue as required by the
existing law;
(c) To embezzle the revenue collected by not depositing it in
accordance with the prevailing laws;
(d) To release or assist to release goods, by making difference in the
invoice, quality or quantity of such goods, and without collecting
the prescribed revenue while assessing the revenue or carrying out
valuation of such goods.
8. Punishment to Public Servants for Getting Illegal Benefit or Causing
Illegal Loss with Mala fide Intention: (1) Whoever, being a public servant,
commits any of the following acts with the mala fide intention of getting
illegal benefits for him/herself or for any other person, or of causing loss to
Government of Nepal or public institution, shall be liable to an
imprisonment of a term from three months to three years depending on
the degree of offence, and in case the amount involving the offence is
known, such amount shall be confiscated having him/her fined
accordingly. In case such amount is not known, an imprisonment for
a term from three months to three years and a fine from ten thousand to
fifty thousand rupees shall be imposed.
(a) To show more costs or works in an unnatural manner
without any ground of justification while conducting physibility
study of, or setting norms for, a project.
(b) To use or allow to use the construction materials of lower
quality than that of the prescribed quality, or to certify or
to approve the use of such materials as the materials of
prescribed quality;
(c) To degrade the quality of construction work or to change the
form or shape thereof or to carry out or cause to carry out
construction works in contravention of the prescribed
terms, conditions and standard; or to certify or to
approve such construction work as qualitative and under
the prescribed terms and conditions without any reasonable
ground;
(d) To carry out or cause to carry out construction works having
increased or amended the costs estimate in an unnatural manner
and without any reasonable ground;
(e) To give or receive payment having prepared false bills or
receipts or to give or receive double payment of bills;
(f) To procure or cause to procure excessive quantity of goods in
an unnatural manner than the quantity needed without reasonable
grounds;
(g) To carry out or cause to carry out unnatural valuation of a
government property, a property of a public organization or of
public property;
(h) To register, occupy or use or to cause to register, occupy or use
a government or public property in one’s own name or in the
name of other in an illegal manner;
(i) To value or cause to value a collateral security to be
mortgaged in the name of a governmental or public
organization in an excessive and unreasonable prices than the
real prices;
(j) To procure or cause to procure goods of degrading quality,
date expired and to procure or cause to procure goods
having paid higher prices in an unnatural manner.
(2) In case any public servant does not return a vehicle or a facility
available to him/her by virtue of his/her official position within the
prescribed time after the expiry of the official position without any
reasonable ground, he/she shall be liable to a fine from one thousand to
five thousand rupees depending on the degree of the offense and such
vehicle or facility shall be taken back.
(3) Whoever, being a public servant, causes any type of loss to a
governmental or public property with mala fide intention having
committed any act excluding the acts referred to in Sub-Section (1) and (2),
shall be liable to a punishment of imprisonment not exceeding two years or of
a fine equal to the amount of the loss or both depending on the degree of
the offence.
(4) In case any person other than a public servant, with mala
fide intention of making illegal gain to him/herself or to any other
person, does not abide by the terms and conditions of an oath,
undertaking, agreement, contract, license, permit, promissory note or
dealership entered into with Government of Nepal or a public institution or
carries out business or misuses the facilities or powers of governmental or
such institution violating the Rules or Procedures determined by or terms
and conditions accepted by Government of Nepal or such institution in a
manner prohibited by the prevailing law, he/she shall be liable to a
punishment of imprisonment not exceeding two years and be fined
according to the amount of loss and the amount of loss shall be confiscated.
9. Punishment to Public Servants Preparing False Documents: Whoever,
being a public servant under the duty of preparing documents, prepares
false documents with mala fide intention of causing loss to Government of
Nepal or Government or public institution, shall be liable to a punishment
of imprisonment for a term from three months to one year, and a fine from ten
thousand to fifty thousand rupees.
10. Punishment for Translating False Documents: Whoever, either a public
servant or any other person authorized or designated to translate
documents, wrongly translates documents, translates documents
incorporating therein false particulars or makes difference in the name,
surname, date, facts or other particulars with the mala fide intention of
causing loss to Government of Nepal, a Government or public institution;
or with the intention of getting illegal benefit to him/herself or to any other
person, shall be liable to a punishment of imprisonment for a term from
three months to one year and of a fine from ten thousand to fifty thousand
rupees, depending on the degree of offence committed.
11. Punishment for Tempering Government Documents: Whoever, either a
public servant or any other person, corrects, adds, or changes in
documents belonging to a government or public institution without
authority or in an illegal manner, shall be liable to a punishment of
imprisonment for a term from three months to two years and a fine not
exceeding fifty thousands rupees.
12. Punishment for Causing Damage to Government or Public Documents:
Whoever, being a public servant, conceals a document belonging to
government or to a public institution or causes damage to, or destroys,
such document, shall be liable to a punishment of imprisonment
from six month to one year and shall be fined from ten thousand to
fifty thousand rupees. In case any loss is incurred due to such
concealment, damage or destruction, the loss shall also be recovered.
13. Punishment for Disclosing Secrecy of Question Papers or Altering the
Result of Examination: Save in cases where the authorized person
discloses or causes to disclose question papers of an examination to be
conducted by a government body or a public institution before the
prescribed time having given reasons of special circumstances,
whoever, being a public servant, discloses or causes to disclose the secrecy
of such question paper in any manner whatsoever, or alters or causes to
alter the results of examinations with the intention of making illegal
advantage to him/herself or any other person, shall be liable to a
punishment of imprisonment from three months to one year and shall be
fined from five thousand to ten thousand rupees.
14. Punishment to Public Servants Engaging in Illegal Trade or Business:
Whoever, being a public servant, engages in trade or business in his/her
own name or in the name of other person or in partnership with others,
takes part in auction or bidding, or becomes a partner in any firm or
company or a cooperative organization while being prohibited by law, shall
be liable a punishment of imprisonment for a term from three months to
six months and a fine from ten thousand to fifty thousand rupees, and the
property earned in such a manner shall be confiscated.
Provided that, this section shall not be deemed to have hindered to
subscribe shares of a public limited company called for public subscription.
15. Punishment for Claiming False Designation: Whoever, either a public
servant or any other person falsely claims that he/she holds any position,
power, capacity or facility or enjoys such position, power, capacity or facility
of a public servant which he/she is not entitled to or displays any symbol, dress
or mark relating to a position of a public servant or wears or displays any
object resembling to such symbol, dress or mark with the intention of
leading others to falsely believe that these are the official symbols, dresses
or marks of a public servant, shall be liable to a punishment of
imprisonment for a term from one year to two years and with a fine from
fifty thousand to one hundred thousand rupees, depending on the degree
of the offence committed.
16. Punishment for Giving False Particulars: (1) Whoever, with the
intention of securing a position of a public servant, or of being continue
in such a position, or of securing any position or of getting any benefit or
facility, gives false particulars regarding his educational qualifications,
name, names of the father and grandfather, age, caste, surname, address,
nationality or qualification, or gives false description in any other matters,
or submits false certificate relating thereto, shall be liable to a punishment
of imprisonment for a term from six months to one year and of a fine from
ten thousand to twenty thousand rupees, depending on the degree of the
offense committed.
(2) Whoever, being a public servant under the duty of giving
statement of his/her property under this Act or any other prevailing
laws, gives false statement either having increased or having concealed
the actual property belonging to or registered in his/her name or under
his/her share entitlement or belonging to his/her joint family, shall be liable
to a punishment of imprisonment for a term from one month to three
months and the fine not exceeding ten thousand rupees. The property,
which has been concealed in such a manner, shall also be confiscated.
17. Punishment for Damaging Public Property: Whoever, being a public
servant, misappropriates, causes loss to or abuses or causes others to do
so, or destroys or uses for personal purposes, while performing his/her
duties pertaining to his/her office, shall be liable to be punished pursuant
to Section 3 and the property which has been misappropriated, damaged,
misused or destroyed or caused others to do so, shall be recovered from him/her.
18. Punishment for Exerting Illegal Pressures: Whoever, either a public
servant or any other person, compels any public servant or any other
person to commit any offence punishable urder this Act by exercise of
fear or threat of under, kidnapping, taking away of property, of causing
adverse impact on prestige or by exerting any other type of illegal pressure,
shall be liable to a punishment of imprisonment for a term from four to
eight years and a fine from one hundred thousand to five hundred thousand
rupees.
19. Punishment for Giving False Report: (1) Whoever, either a public
servant or any other person authorized to carry out auditing in a
government body or in a public institution, prepares auditing report
with mala fide intention having shown the facts not done or happened
in the transaction or having concealed the facts done or happened, shall be
liable to a punishment of imprisonment for a term from three months to
one year and to a fine from ten thousand rupees to fifty thousand rupees
depending on the degree of the offence committed.
(2) Save as provided in Sub-section (1), in case any public
servant or any other person under the duty of submitting report having
conducted a study or investigation on any subject in connection with
functions of government body or public institution, prepares report with
mala fide intention having shown the facts actually not done or
happened or having concealed the facts actually done or happened, such
persons shall be liable to a punishment of imprisonment for a term from
three months to one year and to the fine from ten thousand rupees to
fifty thousand rupees depending on the degree of the offence
committed.
20. Property Deemed to be Acquired Illegally: (1) In case the statement of
property submitted in accordance with prevailing laws by a public servant
deemed to have held a public office in accordance with prevailing laws
seems to be incompatible or unnatural or in case he/she maintains an
incompatible or unsuitable lifestyle or it is proved that he/she has given
someone a donation, gift, grant, present or has lent money beyond
his/her capacity, he/she shall prove the sources from which he/she has
acquired such property and if he fails to do so, such property shall be
deemed to have been acquired in an illegal manner.
(2) In case it has been proved that a public servant has acquired property
in an illegal manner as referred to in Sub-section (1), he/she shall be liable to a
punishment of imprisonment for a term not exceeding two years as per the
amount of the property acquired in such a manner, and a fine according to the
amount of property and the illegal property acquired in such a manner shall also
be confiscated.
21. Punishment for Committing Attempts: Except otherwise provided for in
this chapter, whoever attempts to commit an offense punishable under this Act
shall be liable to half of the punishment to be imposed on the public servant or
any other person committing such offences.
22. Punishment to Accomplices: Except otherwise provided elsewhere in this
Act, the accomplices to any offense punishable under this Act shall be liable to
half of the punishment to be imposed on the public servant or any other person
committing such offences.
Provided that, the accomplice who has given cash or kind or made
available any other type of benefit to the public servant or any other person
committing an offence or who has taken such benefit shall be liable to the
punishment as equal to the person committing the offence.
23. Principal to be Deemed to have Committed the Offence in case a
Corporate Body Commits Offence: In case any firm, company or corporate
body commits any act that is deemed to be an offence under this chapter, the
partners at the time of commission of the act in case of a firm and the person
acting as the principal official in case of a company or a corporate body shall be
deemed to have committed the offence.
Provided that, in case it is proved that such act has been committed prior to
the appointment of the person acting as the principal official, the person who has
committed the act shall be deemed to have committed the offence.
Explanation: For the purpose of this Section, the “the person acting as the
principal official” means the Chairman, Board Member, General Manager,
Managing Director or the Official of a company or corporate body working in
the same capacity.
24. Additional Punishment: In case the offences under this chapter have been
committed by an office bearer of a constitutional organ or body to be nominated or
appointed by officer belonging to the special class of Government of Nepal or
officers of equivalent rank; Head, General Manager or officer of a public
institution of equivalent rank, such person shall be liable to the punishment of
imprisonment for a term of three years in addition to the punishment prescribed for
such offence