Principle of prevention Dr. Md. Shamsul Arefin

1. Presentation on
Principle of Prevention of Corruption
and Anti-Corruption Regulatory
Framework in Bangladesh
Dr. Md. Shamsul Arefin
1

2. 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
.

3. Principles of Management
Anti-Corruption Commission
 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.

4.  Abuse (capture) of public power for private benefit
• World Bank
 Misuse of entrusted power for private gain
• Transparency International
Definitions of
Corruption
• 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 administrative) take
personal advantage.

5.  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.
Forms of Corruption

6. 6
Relevant Acts and Policies
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

7. 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

8. 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.

9. 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.

10. ACC’s Initiative to Stop Corruption
Section 27 of Anti-Corruption Commission Act, 2004
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.

11. 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

12. Money Laundering Prevention Act 2012
Money Laundering Means
(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.

13. Penal Code 1860
Chapter IX
Of Offences By Or Relating To Public Servants
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

14. Criminal Procedure Code 1898
 Procedural and other guidelines for the corruption cases

 Trying court
 Investigation
Enquiry

15. 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

16. 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

17. 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

18. 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

19. Approaches you may put in your NIS Action Plan
 Redesigning in the Financial management (delegated administrative
and financial authority may be followed strictly).
 Releasing Fund on 1st
day of concerned quarters in development and
revenue budget.
 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.

20. Approaches you may start discussion for
Authorization
a.Remodeling Contract Rule/Procurement Act
b.Establishing more Independent Employment Commissions for
all kind of revenue posts
c.Redesigning Financial Regulation to control under and over
invoicing, regulate curb market and bank loan disbursement
d.Fixing and practicing reasonable time period in laws for
dispensing of justice and enquiry
e. Protection of budgetary allocation
f. Reduction of discretionary Authority of Public Officers.
g.Fixing responsibility as per law in all levels including the
Accounts department, Registration and Land Administration

21. 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

22. 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.

23. A Comprehensive Protection
(Under Whistle Blower Protection Act 2010)
The Whistle-blower protection act provides a comprehensive protection to a
public servant where the public servant has made a protected disclosure or has,
in
good faith, cooperated in an investigation into a disclosure or an investigation
commenced under the law:
The public Servant will not face the following cases:
(a) A disciplinary measure;
(b) The demotion of the public servant;
(c) The termination of employment of the public servant, or a dismissal;
(d) Any measure that adversely affects the employment or working conditions of
the public servant; and
(e) A threat to public servant
(f) No civil, criminal or departmental suits can be filed.

24. Qualifying Disclosure
(Under Whistle Blower Protection Act 2010)
a.Irregular and unauthorized use of public money
b.Mismanagement of public resource
c.Misappropriation or misuse of public money or
resources
d.Abuse of Power
e.Committing criminal office
f.A conduct that is harmful or dangerous for public
health, safety or to the environment
g.Corruption
(Supporting documents with allegation should be submitted).

25. 25
Why is Corruption Harmful?
o It is unfair and harms those without power
o It results in a loss of values and morality
o It results in financial loss
o It results in loss of trust in government, justice and public services
o It results in illegal activities, encourages organized crime
o It creates an inefficient society
o It creates fear and insecurity
“I believe that corruption kills more people across the globe than terrorism”. (Robert Lugolobi,
Executive Director of Transparency International)

26. Consequences of Corruption
 Hampers economic growth and development
 Jeopardizes poverty reduction
 Increases cost of services, especially
for the poor
 Contributes to conflict
 Reduces the effectiveness of aid
 Weakens support for foreign aid
 Reduces trust in government
 Impunity
 Poor physical and social infrastructure
Corruption creates inequality

27. 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.