KATHMANDU, July 13: In an effort to promote good governance and integrity, the Office of the Prime Minister and Council of Ministers (OPMCM), has prepared a draft bill titled ‘Conflict of Interest Management Act, 2082 BS’. The bill aims to make the conduct and responsibilities of public officials impartial, accountable, and trustworthy, while also increasing public confidence in them. The draft has been uploaded to the official website of the OPMCM for public feedback.
According to the OPMCM, the bill has been prepared to establish a legal framework for managing conflicts of interest in order to foster integrity and good governance in the country.
The draft outlines that public officials are prohibited from accepting any kind of gift for personal purposes while in office. Any gift received in an official capacity must be submitted as per the prevailing laws of the respective institution. Failure to do so will result in the confiscation of the gift and a penalty equivalent to its value.
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The draft clearly defines who qualifies as a public official. This includes the President, Vice President, Prime Minister, Chief Justice, Speaker of the House of Representatives, Chairperson of the National Assembly, Provincial Heads, Ministers, Chief Ministers, State Ministers, Assistant Ministers, Members of Federal Parliament, Vice Chairperson and Members of the National Planning Commission, Justices of the Supreme Court, and officeholders of constitutional bodies.
It also includes the Chairperson and Members of the Judicial Council, the Attorney General, Speakers of Provincial Assemblies, Ministers of Provincial Governments, the Chief Secretary of the Government of Nepal, the Chief of Army Staff, Members of Provincial Assemblies, Mayors of metropolitan cities, Chiefs of District Coordination Committees, and the Governor of the Central Bank, among others.
The draft further states that public officials must not participate in any program, meeting, or project organized by any government or non-government agency if they have a personal interest involved, unless permitted by the Government of Nepal or a legally authorized body.
Additionally, except for authorized public officials, no one is allowed to seek, recommend, or accept foreign aid, loans, technical support, or goods in cash or kind from any governmental or non-governmental institutions, nor enter into such agreements. Any unauthorized acceptance of cash or goods will result in confiscation, and the concerned official may be barred from performing duties for a specified or unspecified period.
The draft also prohibits unauthorized correspondence or meetings between public officials and foreign officials. It explicitly states, “Public officials must not engage in unauthorized communication or meetings with foreign governmental, non-governmental, or public officials with the intent to obtain personal or third-party benefits, either directly or indirectly.”
If any public official is found to have gained benefits or goods in violation of the law, those items will be confiscated and the official will be fined the equivalent amount.
The draft also includes a provision stating that using undue influence, threats, coercion, or pressure to make another public official take or avoid a decision for personal or third-party benefit will be punishable.
