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Chapter – 5 Miscellaneous

Chapter – 5 Miscellaneous
39. Statement May be Taken or Transaction or Account May be Freeze:

(1) Notwithstanding anything contained in the existing law, if it appears from any source during the course of investigation into offences of corruption that there has been financial transaction or operation of an account in the name of any person with any bank or financial institution within the country or in any foreign country, the investigating authority may order to freeze such transaction or account. The concerned bank or financial institute shall freeze such transaction or account in accordance with the order of the investigating authority.
Provided that in case such transaction or account to be freeze is with a bank or financial institution in a foreign country, the investigation authority may cause to freeze the operation of transaction or account through the diplomatic channel.
(2) The investigating authority may impose a fine of fifty thousand rupees in maximum to the chief of the concerned bank or financial institution located in Nepal not freezing transactions or accounts pursuant to Sub-section (1).
(3) The investigation authority may, if it deems fit in the course of investigation, according to the need, ask for the statement of property belonging to persons holding an office of public responsibility or freeze such
property.
40. Banning to Issue or Freezing Passport: Notwithstanding anything contained in the prevailing laws, the investigating authority may, on the basis of the gravity of the offence, the condition, circumstances in which the accused committed the offence, degree of the offence and the pnishment in case of conviction of the offence, issue an order to the concerned bodies for not issuing passport to any accused or for withholding it if it has been already
issued.
41. Restriction to Leave Places: In case an action has been taken against any person under this Act, the investigating authority may, on the basis of the gravity of the offence, the condition and circumstances in which the accused
committed the offence, the degree of the offence and the punishment in case of conviction of the offence, issue an order to any accused not to leave any place or not to go any particular place without the approval of the investigating
authority.
42. Provision Relating to Service of Summons: (1) Notwithstanding anything contained in the existing law, while servicing summon in the name of a foreigner in any offence under this Act, the summon may be served to the
office or representative of such person within of Nepal, if any, and service of summon in that manner shall be deemed to have duly made.
(2) In case there is no office or representative referred to in sub-Section
(1), the summon shall be served to the main place of transaction, or to the address of such person where he resides permanently, or to the address of correspondence given by such person in connection with his business transaction through the means of telex, fax or any other means of telecommunication in written form or through registered post, and the summons served in any of such manners shall be deemed to have been duly made.
(3) Notwithstanding anything contained in Sub-sections (1) or (2), this Section shall not be deemed to have hindered the service of summons according to the provisions of a treaty in case there is a separate provision for
service of summons in the name of persons living in a foreign country in any treaty to which Government of Nepal or of Nepal is a party.
43. Publication of Notice: Notwithstanding anything contained in the prevailing laws, in case it has been reported that no notice could be served while sending a notice or servicing a summon in the name of any person in accordance with this Act or other prevailing laws for not finding the address of such person or for any other reasons, a public notice shall be published least for twice in a national level newspaper (in case of a foreigner in a
English Daily) having given him/her a time limit of 30 days and having given short description as to whether the investigation is underway or the case is already filed at the authority hearing the case; and in case a notice
has been published in such a way, the notice shall be or summon deemed to have been duly delivered or served to such person notwithstanding anything contained in the prevailing laws.
44. Obligations of government bodies and public institutions: The chief of a government body and public institution shall, in case any information has been received that corruption has been committed at his office or any other office under him, immediately take the related documents or file under his custody and keep it safe, and upon having
inquired with the persons and officials related to such subject and upon having known the reality, if there appears any reason of commission of corruption, he shall forward such documents to the concerned body for
investigation and inquiry.
45. Case May be Filed against Retired Person: Nothing in this Act shall be deemed to have prevented filling of a case against a retired public servant in connection with commission of corruption having embezzled
or causing loss to government or public property or the property belonging to an organization owned by Government of Nepal even after such public servant is retired from the service.
46. No Hindrance to Initiate Proceedings and Finalize Case:
Notwithstanding anything contained in the prevailing laws, there shall be no hindrance to initiate proceedings and finalize a case even if the accused or defendant dies before or after a case under this Act is filed.
47. Confiscation of Property: In case it is proved that any person has earned property having committed any act which is deemed to have committed corruption under this Act or other prevailing laws and has
kept such property and the property accrued therefrom in his/her own name or in the name of anybody else such property shall be confiscated.
Provided that, in case the ownership of such property is transferred to any person and in case the price of such a property is quoted, the transaction involving such amount shall be treated as a simple loan deed.
48. Order to Freeze Property of a Foreigner: (1) In case any foreigner who does not appear before the investigating authority in pursuance of a notice sent by the investigating authority or summon served pursuant to
Section 42 is having any property, entitlement, interest or concern within of Nepal, the investigating authority may order to maintain a status quo with regard to them or not to allow to take such property,
entitlement, interest or concern outside of Nepal unless and until such a person appears before the investigating authority, and it shall be the duty of all concerned to abide by such an order.
(2) The investigating authority may impose a fine of one thousand rupees in maximum to the person who does not abide by the order made pursuant to Sub- section (1) and in case any type of loss or damage is caused to Government of Nepal or a public institution because  of non-observance of such an order, such loss shall also be recoved from
him/her.
49. Punishment for Filing False Complaint: In case it is found that any person has filed a false complaint against any public servant or person without having any reasonable ground for filing a complaint and with the
intention of causing any type of loss, damage or harassment, the investigating authority may impose a fine not exceeding five thousand rupees on him.
50. Provision Relating to Statement of Property: (1) Whoever joins a public office shall, within sixty days from the date of joining the public office, and whoever is engaged in a public office on the date of commencement of this Section shall, within sixty days from the date of commencement of this Act, and thereafter within sixty days from the
date of completion of each fiscal year, submit the up dated statement of property in his/her name or in the name of his/her family members along with the sources or evidence thereof to the body or authority
prescribed by Government of Nepal having published a notification in the Nepal Gazette.
(2) In case the person assuming a public office who is unable to submit the statement of property within the time limit referred to in Sub- section (1) makes a request for extension of the time limit having stated
therein the reasons for his/her not being able to submit such statement, the concerned body or authority may extend the time limit for a period of thirty days in maximum.
(3) The person assuming a public office who does not submit the statement of property within the time limit extended pursuant to Sub- section (2) shall be liable to a fine of five thousand rupees and the
concerned body or official may investigate having suspected that there is illegal property in his/her and his/her family member’s names.
(4) The statement of property submitted under this section Shall be confidential.
Provided that, if statement of property is required in connection with investigation and inquiries under this Act, such statement may be made available to the concerned authority.
51. Punishment to Persons Causing Hindrance and Obstruction: The authority hearing the case may, on the basis of the report of investigating authority, impose a punishment of imprisonment of a term of six months in
maximum or a fine up to five thousand rupees in maximum or both to a person who causes hindrance or obstruction in actions relating to investigation and inquiries under this Act.
52. Confidentiality of Information: (1) No notice, information or evidence  received to, collected by, the investigating authority in connection with investigation and inquiry in an offence of corruption shall be publicly notified
before filing of case.
(2) Notwithstanding anything contained in Sub-section (1), the investigating authority may publicize particulars of inquiry and investigation of any matter of public importance which it deems fit as may be necessary.
53. Departmental Action to Employees Involved in Inquiries and Investigation: In connection with implementation of this Act, in case it is proved that the investigation officer or other employee engaged in investigation
and inquiries has committed any act knowingly with the intention of causing harassment to any person, departmental action shall be taken against such employees.
54. To be subjected to Imprisonment: Notwithstanding anything contained in the prevailing laws, the person having been punished by a court with a term of imprisonment shall be subjected only to imprisonment.
55. Remission in the Claim of Punishment: The investigating authority may give complete or partial remission in the claim of punishment with regard to the accused who assists in the process of investigation carried out under this
Act having him/herself presented as a witness on its behalf.
Provided that in case other evidences do not prove his assistance or in case he becomes hostile later on, the case may be filed against him again notwithstanding anything contained in this Act or in other prevailing laws.
56. No Action to be Taken: Notwithstanding anything contained in the prevailing laws, no action shall be taken against a public servant for disclosing confidentiality under the law relating to the terms and condition of
his/her service who gives information for taking legal action in case of corruption committed or going to be committed or for preventing to be committed.

57. Delegation of Power: (1) The investigating authority may, by publication of a notification in the Nepal Gazette, delegate its all or any power conferred on it by this Act to any of the Government of Nepal’s gazetted level officers.
(2) While delegating power pursuant to Sub-section (1), the territorial jurisdiction for the powers to be accountable by such officer shall be as prescribed in such notification.
(3) The officer exercising the power conferred on him under sub- Section (1) shall, for that purpose, be responsible to the investigating authority.
58. Provision Relating to Rewards: The investigating authority may give an appropriate reward to the person assisting it in connection with inquires, investigation or collection of evidences in the offences punishable under this Act.
59. Special Provisions Relating to Cases of Corruption: Notwithstanding anything contained in the prevailing laws, it shall be as follows in the following matters with regard to the cases filed under this Act:-
(a) In case any public servant or any other person has, while committing or in connection with committing an act that is deemed to be an offence under other prevailing laws, there shall be no hindrance to file separate case in
accordance with other prevailing laws.
(b) In case there has been adverse impact caused on the rights, property or interests of any person while committing or in connection with committing an act that is deemed to be an offence under this Act by a public servant or
any other person, there shall be no hindrance for such person to file a
separate case.
(c) In cases where a case has been filed against a person for an offence under this Act and it appears later on, after having examined the  evidence, that the case must be filed against other person as well, there
shall be no hindrance to file a separate charge sheet against such person.
(d) Nothing shall be deemed to prevent filling of a separate case against any public servant or person for offenses to be liable under this Act, even if the separate case has been already filed against such person in order to
recover loss and damages made by such person to Government of Nepal or public institution illegally;
(e) In case, where a case has been filed under this Act against any public servant or other person, there shall be no hindrance to file a case under this Act or the case filed shall not be dismissed merely for the reason that
there is a legal provision of recovery of the loss caused to Government of Nepal or a public institution from such public servant or other person. (f) No cases filed under this Act shall be withdrawn or compromised.
60. Informer and his/her details to be kept confidential: The name or address of an informer providing information that an offence under this Act has been committed or going to be committed shall be kept confidential in case
he/she so requests.
61. Unclaimed goods to be entitled to Government of Nepal: (1) In case no owner of the goods related to the offence punishable under this Act is traced, the investigating authority shall publish a public notice requiring the claimant, if
any, of the goods so seized to claim the goods, within a time limit of thirty five days.
(2) In case, no claim is made within the time limit referred to in sub- section (1) or even if the claim is made but in absence of proof the claim is not tenable, such goods shall be the property of Government of Nepal having treated
such goods as unclaimed goods.
62. Goods may be sold: (1) In case it appears that any goods seized in connection with an offence punishable under this Act would be damaged or broken for storing for a long time due to rust or for any other reason or would be rotten or damaged or price of such goods would go down for being old or would be useless or it could not be stored or maintained for lack of space, such goods may be sold having completed the process thereof in accordance with the
prevailing laws.
(2) The amount received from the sale pursuant to Sub-section
(1) shall be deposited to the deposit accounts. In case it has been decided that  such goods has to be given to the concerned owner, he shall be entitled only to the amount received from the sale.
63. No Hindrance to Exercise Powers: Nothing in this Act shall be deemed to have hindered any authority or officer to exercise powers under other prevailing laws with regard to investigation, inquires, other actions and filing
or cases relating to corruption.
64. Power to Frame Rules: Government of Nepal may frame necessary Rules for implementing the objectives of this Act.

65. Amendment, Repeal and Saving:

(1) The following Sections of the Revenue (Investigation and Control) Act, 2052 have been repealed,-
(a) Clause (c) of Section 2;
(b) Sub-section (2) of Section 6;
(c) The terms “or employee” appearing in sub-Section (4) of Section 9;
(d) Sub-section (2) of Section 18;
(e) Sub-section (2) of Section 21;
(f) Sub-section (2) of Section 23;
(g) The terms “or corruption” frequently used in place to place;
(h) Section 5, chapter 4 and Section 25.
(2) The Prevention of Corruption Act, 2017 has been repealed.
(3) All actions taken and proceedings initiated under the Prevention of Corruption Act, 2017 shall be deemed to have been taken or initiated under this Act.

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