Anti-Corruption Commission (Bangladesh)
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|দুর্নীতি দমন কমিশন|
|Formation||23 February 2004|
|Headquarters||1, Segun Bagicha, Dhaka 1000|
|A. F. M. Aminul Islam|
|Dr M Nasir Uddin Ahmed|
Anti Corruption Commission (Bengali: দুর্নীতি দমন কমিশন) often abbreviated: ACC (Bengali: দুদক) was formed through an act promulgated on 23 February 2004 that into force on 9 May 2004. Although initially, it could not make the desired impact, but immediately following its reconstitution in February 2007, the ACC began working with renewed vigor and impetus duly acceding to the United Nations' convention against corruption that was adopted by the General Assembly away back on 31 October 2003.Its framework and function is governed by Anti-Corruption Commission Act, 2004.
The Commission has formulated some forms of corruption in Bangladesh, for everyone to know, understand and prepare to completely erase corruption, if not reduce it.
- Bribery: It is the offering of money, services or other valuables to persuade someone to do something in return. Synonyms: kickbacks, baksheesh(tips), payola, hush money, sweetener, protection money, boodle, and gratuity.
- Embezzlement: Taking of money, property or other valuables by the person to whom it has been entrusted for personal benefit.
- Extortion: Demanding or taking of money, property or other valuables through use of coercion and/or force. A typical example of extortion would be when armed police or military men exact money for passage through a roadblock. Synonyms include blackmail, bloodsucking and extraction.
- Abuse of discretion: The abuse of office for private gain, but without external inducement or extortion. Patterns of such abuses are usually associated with bureaucracies in which broad individual discretion is created, few oversights or accountability structures are present, as well as those in which decision-making rules are so complex as to neutralise the effectiveness of such structures even if they exist.
- Improper political contributions: Payments made in an attempt to unduly influence present or future activities by a party or its members when they are in office.
Anti Corruption Commission established district committees all over Bangladesh with each having 10 members.
Chairman and commissioners
The commission is mandated as independent, self-governed and neutral entity. It consists of three Commissioners; of them one as the chairman and all are appointed by the President on the recommendation of the Selection Committee for a period of five years from the date of their appointment. The commissioners function on full-time basis; they are not eligible for reappointment on expiry of the term in their office.
Functions of the commission
- To enquire into and conduct investigation of offences mentioned in the schedule
- To file cases on the basis of enquiry or investigation and conduct cases
- To hold enquiry into allegations of corruption on its own motion or on the application of aggrieved person or any person on his behalf
- To perform any function assigned to Commission by any Act in respect of corruption
- To review any recognised 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
- To raise awareness and create feeling of honesty and integrity among people with a view to preventing corruption
- To organise seminar, symposium, workshop etc. on the subjects falling within the functions and duties of the Commission
- To identify various causes of corruption in the context of socio-economic conditions of Bangladesh and make recommendation to the President for taking necessary steps
- To determine the procedure of enquiry, investigation, filing of cases and also the procedure of according sanction of the Commission for filing case against corruption and
- To perform any other duty as may be considered necessary for prevention of corruption.
Power to make rules
- The Commission for carrying out the purpose of Anti Corruption Act, 2004 has been vested with the power to make rules by notification published in the official Gazette with the prior approval of the President.
- Offences under Anti-Corruption Commission Act 2004 (Possession of property disproportionate to known source of income)
- Offences punishable under the Prevention of Corruption Act, 1947 (Act 11 of 1947)
- Offences punishable under Anti-Money Laundering Act, 2002 (Act 7 of 2002)
- Offences punishable under sections 161–169, 217, 218, 408, 409 and 477A of the Penal Code, 160 (Act XLV of 1960)
- Offences of abetment, conspiracy and attempts as defined respectively in section 109, 120B and 511 of the Penal Code, 1860 (Act XLV of 1860) in relation to clauses (a) to (c).
- The Commission filed cases against former Prime Minister Khaleda Zia regarding graft at the Zia Charitable Trust and Zia Orphanage Trust.
- The Commission filed cases against former Prime Minister Sheikh Hasina and eight others on 7 May 2008 for awarding a gas exploration and extraction deal to Niko Resources through corruption and abuse of power.
Anti Corruption Commission was formed through an act in 2004, but is considered to be largely ineffective in investigating and preventing corruption because of governmental control over it. The Anti-Corruption Commission of Bangladesh is crippled by the 2013 amendment of the Anti Corruption Commission Act introduced by the ruling Awami League government, which makes it necessary for the commission to obtain permission from the government to investigate or file any charge against government bureaucrats or politicians. The commission is often criticised for being ineffective and a wastage of resources due to the influence of the government over it.
In 2015, the ACC investigated the case of Padma Bridge Scandal. Even though the World Bank continuously pushed the government to take actions against the perpetrators, after 53 days' of investigation, ACC found nobody to be guilty. On the basis of ACC's report, Dhaka district judge court acquitted all the seven government officials who were believed to be involved in the corruption plot. Before that, ACC even exonerated Syed Abul Hossain and ex-state minister for foreign affairs Abul Hasan Chowdhury from the allegation of involvement in the corruption conspiracy.
- Info. "Office Locations". acc.org.bd. Anti-Corruption Commission. Retrieved 3 June 2015.
- Commission & Executive Management, Anti Corruption Commission, retrieved 18 September 2016
- "ACC, TIB join hands against corruption". The Daily Star. United News of Bangladesh. 26 May 2015. Retrieved 7 May 2016.
- "A Glance at Corruption in its many Forms". Youthink!. Archived from the original on 12 April 2012. Retrieved 13 April 2012.
- "Anti-corruption bodies to start functioning at dists, UZs soon". The Daily Star. UNB. Retrieved 3 June 2015.
- "Khaleda Zia petitions High Court for fresh plaintiff testimonies". bdnews24.com. 15 June 2015. Retrieved 15 June 2015.
- Tran, Mark (3 September 2007). "Former Bangladeshi leader held on corruption charges". The Guardian. ISSN 0261-3077. Retrieved 29 April 2016.
- "Niko corruption case against Hasina shifted to special court". The Daily Star. 21 May 2008. Retrieved 29 April 2016.
- "ACC largely ineffective". The Daily Star. 21 May 2014. Retrieved 1 June 2016.
- "Anti Corruption Commission and Political Government: An Evaluation of Awami League Regime (2009–2012) | Government and Politics, JU". govpoliju.com. Retrieved 1 June 2016.
- Iftekhar Zaman, Executive Director of Transparency International Bangladesh (14 November 2013), Anti-corruption Commission (Amendment) Bill Unconstitutional, discriminatory, self-defeating, retrieved 7 May 2016
- Syeda Naushin Parnini (2011). "Governance Reforms and Anti-Corruption Commission in Bangladesh". Governance and Corruption. The Romanian Journal of Political Science. 11 (1).
- "All Padma bridge graft accused acquitted". The Daily Star. 26 October 2014. Retrieved 26 January 2017.
- "The Financialexpress-bd". print.thefinancialexpress-bd.com. Retrieved 26 January 2017.