Section 2
Definitions
In this Act, unless the context otherwise requires-
(a) “Corruption” means offences punishable under Chapter -2.
(b) “Graft” means cash, goods or any type of gain or benefit and the term also includes bribe.
(c) “Public institution” means the following institutions:-
(1) A company, bank or a committee fully or partially owned or controlled by Government of Nepal; or a
commission, organization, authority, corporation, academy, board, center, council or any other corporate body of such nature established by Government of Nepal;
(2) A university, college, school, research center and any other similar academic or educational institution run by
Government of Nepal or on the full or partial donation from Government of Nepal;
(3) Local bodies constituted under the Local Self-Governance Act, 1999;
(4) An institution run on loan, grant or guarantee of Government of Nepal;
(5) An institution fully or partially owned or controlled by the institution referred to in Sub-clauses (1), (2), (3) or (4) or obtained grant from such institution; and (6) Any other institution prescribed as public institution by
Government of Nepal in a notification published by the Nepal Gazette.
(d) “Public Servant” means the person holding a public office under the prevailing laws and the term also includes the following persons:-
(1) person appointed, nominated or elected under an oath to Government of Nepal or to public institution, or under the terms, contracts or agreements concluded with Government of Nepal or with any public institution, or holding any office of public responsibility for salary or allowances or remuneration or benefit or position with or without any type of gain from Government of Nepal or any public institution;
(2) A person appointed as an arbitrator or any other person appointed in the same position pursuant to the prevailing laws to resolve or adjudicate any dispute;
(3) A person appointed, elected or nominated as liquidator, surveyor or any other person working in the same capacity in accordance with the prevailing laws;
(4) A person designated as public servant by Government of Nepal in a notification published in the Nepal Gazette.
(e) “Revenue” means any type of tax, fee, charge, royalty, fine and other amount of this type to be paid or given to Government of Nepal or public institution, and the term also includes interest or fine to be charged on such tax, fees, royalty and other amount of this type.
(f) “Degree of offence” means the degree of offence to be determined on the basis of circumstances and situation in which the offence has been committed or attempted to be committed, the gravity of such offence or the intention, qualification, position and capacity of the person who has committed or attempted to commit any offence
punishable under this Act.
(g) “Investigating Authority” means the body or official authorized to conduct inquiry, investigation and to file cases relating to corruption in accordance with the prevailing laws.
(a) “Corruption” means offences punishable under Chapter -2.
(b) “Graft” means cash, goods or any type of gain or benefit and the term also includes bribe.
(c) “Public institution” means the following institutions:-
(1) A company, bank or a committee fully or partially owned or controlled by Government of Nepal; or a
commission, organization, authority, corporation, academy, board, center, council or any other corporate body of such nature established by Government of Nepal;
(2) A university, college, school, research center and any other similar academic or educational institution run by
Government of Nepal or on the full or partial donation from Government of Nepal;
(3) Local bodies constituted under the Local Self-Governance Act, 1999;
(4) An institution run on loan, grant or guarantee of Government of Nepal;
(5) An institution fully or partially owned or controlled by the institution referred to in Sub-clauses (1), (2), (3) or (4) or obtained grant from such institution; and (6) Any other institution prescribed as public institution by
Government of Nepal in a notification published by the Nepal Gazette.
(d) “Public Servant” means the person holding a public office under the prevailing laws and the term also includes the following persons:-
(1) person appointed, nominated or elected under an oath to Government of Nepal or to public institution, or under the terms, contracts or agreements concluded with Government of Nepal or with any public institution, or holding any office of public responsibility for salary or allowances or remuneration or benefit or position with or without any type of gain from Government of Nepal or any public institution;
(2) A person appointed as an arbitrator or any other person appointed in the same position pursuant to the prevailing laws to resolve or adjudicate any dispute;
(3) A person appointed, elected or nominated as liquidator, surveyor or any other person working in the same capacity in accordance with the prevailing laws;
(4) A person designated as public servant by Government of Nepal in a notification published in the Nepal Gazette.
(e) “Revenue” means any type of tax, fee, charge, royalty, fine and other amount of this type to be paid or given to Government of Nepal or public institution, and the term also includes interest or fine to be charged on such tax, fees, royalty and other amount of this type.
(f) “Degree of offence” means the degree of offence to be determined on the basis of circumstances and situation in which the offence has been committed or attempted to be committed, the gravity of such offence or the intention, qualification, position and capacity of the person who has committed or attempted to commit any offence
punishable under this Act.
(g) “Investigating Authority” means the body or official authorized to conduct inquiry, investigation and to file cases relating to corruption in accordance with the prevailing laws.