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Presentation on Roles and Responsibilities of ACC on Prevention of Corruption Awareness Campaign for Prevention

Presentation on Roles and Responsibilities of ACC on Prevention of Corruption

Awareness Campaign for Prevention of

Corruption

Dr. Md. Shamsul Arefin

1

Principles of Management

Anti-Corruption

Historical Background of ACC

The formal institutional practice to curbing corruption

was initiated in Bangladesh thorough a long evolution of system.

Formation of Enforcement Branch of Anti-Corruption was officially recognized many years before the country’s independence in 1971.

During the British rule, corrupt practices were detected in the Food Department and as such, in 1944, the Enforcement Branch was formed in the Police Department to fight such corruption

Principles of Management
Principles of Management

Anti-Corruption

The first Act against corruption was made in 1947 under the title of the Prevention of Corruption Act.

As there was no investigating agency other than the police, under the Act, certain offences were declared as offences of corruption and those were made cognizable for the police to investigate.

The Police Department was entrusted to investigate such corruption cases until the establishment of the Bureau of Anti- Corruption in 1957.

was entrusted to investigate such corruption cases until the establishment of the Bureau of Anti- Corruption

Definitions of

Corruption

Definitions of Corruption  Abuse (capture) of public power for private benefit • World Bank 

Abuse (capture) of public power for private benefit

 Abuse (capture) of public power for private benefit • World Bank  Misuse of entrusted

World Bank

Misuse of entrusted power for private gain

World Bank  Misuse of entrusted power for private gain • Transparency International • B ehaviour

Transparency International

Behaviour which deviates from the formal duties of a public role for pecuniary or status gains

A form of secret social exchange through which those in power (political or

Forms of Corruption

Forms of Corruption  ACC defines corruption as the misuse of public power for private benefit.

ACC defines corruption as the misuse of public power for private benefit.

“misuse” describes

behavior that deviates from the formal duties of a public role,

behavior that deviates from informal rules (public expectations, codes of conduct, conflicts of interest)

behavior that harms public interest.

Relevant Acts and Policies

Relevant Acts and Policies 1. Anti corruption Act 2004 2. Prevention of Corruption Act, 1947 3.

1.

Anti corruption Act 2004

2.

Prevention of Corruption Act, 1947

3.

Money Laundering Prevention Act 2012

4.

Penal Code 1860

5.

Criminal Procedure Code 1898

6.

Whistle Blower Protection act 2010

Policies

1. UNCAC

2. NIS

Principles of Management

Anti-Corruption Act 2004

Functions of the ACC under ACC Act 2004

To enquire into and conduct investigation of offences mentioned in the schedule

To file cases on the basis of enquiry or investigation

To hold enquiry into allegations of corruption on its own motion or on

the application of aggrieved person To review any recognized provisions of any law for prevention of

corruption and submit recommendation to the President for their effective

implementation To undertake research, prepare plan for prevention of corruption and submit to the President, recommendation for action based on the

result of such research

Principles of Management

Anti-Corruption Act 2004

Functions of the ACC, Bangladesh

To raise awareness and create feeling of honesty and integrity among people with a view to preventing corruption

To organize seminar, symposium, workshop etc

To identify various causes of corruption

To determine the procedure of enquiry, investigation

To perform any other duty as may be considered necessary for

prevention of corruption.

Principles of Management

ACC’s Initiative to Stop Corruption

Declaration of Properties

If the Commission-

Is satisfied on the basis of its own information and after necessary investigation that any person or any other person on his behalf is in possession or

Has obtained ownership of property not consistent with his legal sources of income then the Commission through an order

in writing shall ask that person to submit a statement of assets

and liabilities.

ACC’s Initiative to Stop Corruption

Section 27 of Anti-Corruption Commission Act, 2004

Section 27 of Anti-Corruption Commission Act, 2004 Possession of Property in Excess of Known Sources of

Possession of Property in Excess of Known Sources of Income

(i) If there are sufficient and reasonable grounds to believe that a person in his/her own name or any other person on his/her behalf is in possession and

has obtained ownership of moveable or

Immovable property through dishonest means and the property is not consistent with the known sources of his/her income and if he/she fails to submit to the court during trial a satisfactory explanation for possessing that

property,

then that person shall be sentenced to a prison term ranging from a minimum of three years to a maximum of ten years imprisonment, and these properties shall be confiscated.

Principles of Management

Prevention of Corruption Act, 1947

Section 5(2): Any public servant who commits or attempts to

commit criminal misconduct shall be punishable with imprisonment for a term which may extend to seven years, or

with a fine or with both.

A public servant is said to commit the offence of criminal misconduct:

(i) If he (habitually) accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person, any gratification (other than legal remuneration) as a

motive or reward such as is mentioned in section 161 of the

Penal Code, or

Money Laundering Prevention Act 2012

Money Laundering Means

Money Laundering Prevention Act 2012 Money Laundering Means (a) Properties movable or immovable of any nature

(a)

Properties movable or immovable of any nature and description acquired or earned directly or indirectly through illegal means;

(b)

Illegal transfer, conversion, concealment of location or assistance in the above act of the properties acquired or earned directly of indirectly through legal or illegal means;

(c ) The EU defines it as "the conversion or transfer of property,

knowing that such property is derived from serious crime, for the purpose of concealing or disguising the illicit origin of the property

or of assisting any person who is involved in committing offences to

evade the legal consequences of his action.

Penal Code 1860

Chapter IX

Of Offences By Or Relating To Public Servants

Chapter IX Of Offences By Or Relating To Public Servants 161. Public servant taking gratification other

161. Public servant taking gratification other than legal remuneration in respect of an official act

162. Taking gratification, in order, by corrupt or illegal means, to influence public servant

163. Taking gratification, for exercise of personal influence with public servant

164. Punishment for abetment by public servant of offences defined in section 162 or 163

165. Public servant obtaining valuable thing, without consideration, from person concerned in

proceeding or business transacted by such public servant

166. Public servant disobeying law, with intent to cause injury to any person

167. Public servant framing an incorrect document with intent to cause injury

168. Public servant unlawfully engaging in trade

169. Public servant unlawfully buying or bidding for property

Criminal Procedure Code 1898

Procedural and other guidelines for the corruption cases

Trying court

Investigation

Enquiry

Compulsion of UNCAC

Bangladesh ratified UNCAC in 27 Feb, 2007

The Convention visualizes both taking preventive measures

against corruption and creating an enabling environment for

ensuring integrity in conducting public affairs.

Promote and strengthen measures to prevent and combat corruption more efficiently and effectively and to promote integrity, accountability in society

National Integrity Strategy (NIS)

Existing Administrative Culture and Aims of NIS

We have created a culture of shifting responsibility in some cases But NIS teaches us to shouldering responsibility

We have created an administrative centric culture

But NIS teaches us to start service in citizen’s centric culture

We have created a culture of using discretion in most cases. NIS teaches us to minimize of using discretion

We have created a culture of Financial Management that does not

follow time limit in most cases.

NIS teaches us to follow strict time limit for releasing of fund.

Our gray areas are employment, procurement, construction etc

NIS teaches us how to erase gray areas

Anticipated Role of NIS Focal Points  Reduction of discretionary Authority of Public Officers. 

Anticipated Role of NIS Focal Points

Reduction of discretionary Authority of Public Officers.

Redesigning the Financial management (delegated administrative and

financial authority must be followed strictly).

Fund release in due time in development and revenue budget.

Fixing responsibility as per law in all levels including the Accounts Department, Registration and Land Administration Department.

Regular RTI Fair by each public office.

Regular arrangement of public hearing at the public office.

Using CRC

Using Feedback form

Using Whistle Blower’s Protection act at the public office.

A Booklet of Model case issued by each public office depending on their nature of public service.

Integrity pledge.

Redesigning business flow chart ( one stop service)

Code of conduct

Approaches you may put in your NIS Action Plan

a. Redesigning Business flow Chart

b. Shorten Business Process ( One stop Service)

c. Develop a Evaluation Form for your customer

(Are you satisfied , if not why please comment)

d. Code of conduct

e. Integrity pledge

f. Using social accountability tools like Public hearing and GRS

Start Dialogue under NIS Action plan Denmark Case study

1.

Separate Estimators from the Executors of construction project.

2.

Give responsibility of repair and maintenance work

(without any extra claim) for next ten years to the

contractors who completed the initial construction. ( incorporate that provision in the contract provision).

3.

Make liable Accounts office 75% of financial

irregularities and rest 25% to the drawer of bills.

4.

Start dialogue for changing the existing provisions for the issuance of passport .

5.

Start dialogue for the smart land administration under

NIS

Whistle Blower Protection Act 2010

Protection of Whistleblower is essential to encourage the

reporting of misconduct, fraud and corruption.

Providing effective protection for whistleblowers supports an open organizational culture where employees are not only aware of how to report but also have confidence in the reporting procedures.

It also helps offices prevent and detect bribery in their

service delivery provisions.

To

combat

corruption,

safeguard

integrity,

enhance

accountability, and support a clean office environment.

Why is Corruption Harmful? o It is unfair and harms those without power o o

Why is Corruption Harmful?

o It is unfair and harms those without power

o

o

o

o

o

o

It results in a loss of values and morality

It results in financial loss

It results in loss of trust in government, justice and public services

It results in illegal activities, encourages organized crime

It creates an inefficient society

It creates fear and insecurity

“I believe that corruption kills more people across the globe than terrorism”. (Robert Lugolobi,

Executive Director of Transparency International)

Consequences of Corruption

Hampers economic growth and development

Jeopardizes poverty reduction

Increases cost of services, especially for the poor

Contributes to conflict

especially for the poor  Contributes to conflict Corruption creates inequality  Reduces the effectiveness

Corruption creates inequality

Reduces the effectiveness of aid

Weakens support for foreign aid

Reduces trust in government

Impunity

Poor physical and social infrastructure

Looking Forward

The ACC intends to adopt the demand side approach to citizen’s centric governance reform empowering citizens to monitor, audit and report on the performance of public agencies.

Stimulate society to move from a culture of acceptance of corruption to rejection of corruption.

Minimize Conflict of Interests.

The motivation to earn easy way income is still extremely strong. Thus a Role Model is required in each office who will act as a living legend of Ethics.

Show zero tolerance to rent seeking behavior.

Comprehensive regulation is needed because the discretion of many public

officials is unrestricted and this systemic weakness is intensified by poorly

defined, ever changing, and poorly disseminated rules and regulations.