Action toward anti corruption

2. Historical Background of Anti-Corruption Commission (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. Historical Background of the Anti-Corruption
Commission (ACC)
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.
 The Anti-Corruption Act 2004 is passed in Nov.2004 and this
Independent Commission is established under this act.

4. ACC’s Initiatives:
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.Criminal Law Amendment act 1958
7.Whistle Blower Protection act 2011
Policies
1.UNCAC
2.NIS

5. 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

6. 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.

7. 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.

8. 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.

9. 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.

10. 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 ) In short words "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.

11. 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

12. Criminal Procedure Code 1898
 Procedural and other guidelines for the
corruption cases
 Trying court
 Investigation
Enquiry
Power and Procedures of the Investigators

13. Whistle Blower Protection Act 2011
 Aims of the protection of Whistleblowers are to encourage
the reporting of misconduct, fraud and corruption.
 Provides 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.

14. 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

15. National Integrity Strategy (NIS)
Existing Administrative Culture and Aims of NIS
 We had created a culture of shifting responsibility in some cases
But NIS teaches us to shouldering responsibility
 We had created an administrative centric culture
But NIS teaches us to start service in citizen’s centric culture
 We had created a culture of using discretion in most cases.
NIS teaches us to minimize of using discretion
 We had 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

16. ACC’s Initiative
to Stop Corruption
Declaration of Properties
If the ACC-
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 ACC through an order in
writing shall ask that person to submit a statement of assets
and liabilities.

17. Iqbal Mahmood , Chairman of the ACCJanuary 4, 2018
Thank youThank you
for listeningfor listening