A draft ordinance seeking to establish the Truth and Accountability (TAAC) Commission has been finalized and awaits approval of the Council of Advisers of the caretaker government, reports UNB.

Officials told UNB that the draft ordinance, called the Voluntary Disclosure Ordinance 2008, might be placed at the next meeting of the Council of Advisers for approval.

Objectives of the proposed Commission is to promote voluntary disclosure of corrupt practices for a lenient dealing in a spirit of encouragement for expeditious disposal of the matter and to lessen the burden of prosecuting offences and save the overburdened judiciary from anti-corruption cases for a long time that may further create backlog in other cases.

The Commission will deal with a person, who applies to it for making voluntary disclosure seeking leniency. It will also have power to deal with any other person found to be involved in corrupt practice on the basis of such voluntary disclosure as made before it provided such person being notified of such disclosure also expresses his willingness in writing to make a voluntary disclosure.

The Commission will also deal with a person referred to by the National Coordination Committee when it has reasons to believe that such person has been a party to a corrupt practice or has the reputation in society of being corrupt and such person has expressed his willingness in writing to make a voluntary disclosure.

A person may also be referred to the Commission by a competent court if the person at the time of framing charge makes any application to the court expressing his willingness to make a voluntary disclosure.

A person may be summoned by the Commission on its own motion when it has information to believe that such person has reputation of being corrupt or party to any corrupt practice to afford him an opportunity of making a voluntary disclosure provided the person makes voluntary disclosure within two weeks of his appearance before the Commission.

After hearing the person making voluntary disclosure, if the Commission is satisfied that the person deserves to be treated leniently, it may direct the person to make reparations to the State of an amount which may be equivalent to the sum as in the view of the commission has been made or gained from such corruption within a specific time.

The Commission may direct return or refund, seizure and confiscation to the state of any property, assets, concessions, franchise, business, benefit etc., which in the opinion of the Commission was unduly received by the person.

However, the Commission may refuse to accept a voluntary disclosure when it feels that the disclosure made by the person has not been honest or disclosed corruption is of grave in nature affecting national interest or economy that he does not deserve leniency.

A person who has made voluntary disclosure before the Commission shall be disqualified from holding any public or elected office under the Constitution namely membership of Parliament, Zilla Parishad, Upazilla Parishad, Union Parishad, Pourasava or City Corporation or any trade organization for a period not exceeding five years.

The Commission will not deal with a voluntary disclosure if it discloses substantial damage to the national economy or national security interest or discloses offences involving arms, drugs, human trafficking, prostitution, violence, murder, rape etc. It will not also deal with a person who has been convicted of an offence concerning corruption or corrupt practices or any kind of moral turpitude.

The Commission will conclude each case of voluntary disclosure within 14 days from the date of voluntary disclosure before the Commission unless there is compelling reason for extension of time.

Appropriate measures shall be taken to minimize the inconvenience to the persons who will make voluntary disclosure and, when necessary, privacy and safety of the persons and their families will be ensured.

The Commission may give priority to the persons in custody. The person making a voluntary disclosure may appoint a legal representative subject to the permission of the Commission. The tenure of the Commission will be of six months from the date of its establishment by an official gazette notification.

According to the draft ordinance, the Commission shall consist of three members to be appointed by the President in consultation with the government. One of the members will be the Chairman of the commission. The Chairman of the Commission shall be appointed from amongst the persons who have retired as the Chief Justice.

Two other members will be appointed from a retired Chief Justice or a retired judge of the Appellate Division, a retired officer of the armed forces not below the rank and status of Major General, a retired public servant who held the post of secretary or an eminent citizen who has made meaningful contribution in his profession and discipline.

The Commission may recommend to the government to appoint Sub-Commissions not exceeding five to expedite the dealing with the voluntary disclosure. Such Sub-Commissions will sit at Divisional Headquarters for receiving and processing the voluntary disclosure to minimize the workload of the Commission.

Members of the Sub-Commission will be appointed from a retired judge of the High Court Division, a retired civil servant who has held a post not below the rank and status of Secretary, a retired officer of the Armed Forces not below the rank of and status of a Brigadier General or an eminent citizen who has meaningful contribution in his profession or discipline.

The Commission, its members and every staff shall function without political or other bias or interference and shall be independent and separate from any party, government, administration or any other functionary or body directly representing the interest of such entity.

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