(1) Whoever, being a public servant,
commits any of the following acts with the mala fide intention of getting
illegal benefits for him/herself or for any other person, or of causing loss to
Government of Nepal or public institution, shall be liable to an
imprisonment of a term from three months to three years depending on
the degree of offence, and in case the amount involving the offence is
known, such amount shall be confiscated having him/her fined
accordingly. In case such amount is not known, an imprisonment for
a term from three months to three years and a fine from ten thousand to
fifty thousand rupees shall be imposed.
(a) To show more costs or works in an unnatural manner
without any ground of justification while conducting physibility
study of, or setting norms for, a project.
(b) To use or allow to use the construction materials of lower
quality than that of the prescribed quality, or to certify or
to approve the use of such materials as the materials of
prescribed quality;
(c) To degrade the quality of construction work or to change the
form or shape thereof or to carry out or cause to carry out
construction works in contravention of the prescribed
terms, conditions and standard; or to certify or to
approve such construction work as qualitative and under
the prescribed terms and conditions without any reasonable
ground;
(d) To carry out or cause to carry out construction works having
increased or amended the costs estimate in an unnatural manner
and without any reasonable ground;
(e) To give or receive payment having prepared false bills or
receipts or to give or receive double payment of bills;
(f) To procure or cause to procure excessive quantity of goods in
an unnatural manner than the quantity needed without reasonable
grounds;
(g) To carry out or cause to carry out unnatural valuation of a
government property, a property of a public organization or of
public property;
(h) To register, occupy or use or to cause to register, occupy or use
a government or public property in one’s own name or in the
name of other in an illegal manner;
(i) To value or cause to value a collateral security to be
mortgaged in the name of a governmental or public
organization in an excessive and unreasonable prices than the
real prices;
(j) To procure or cause to procure goods of degrading quality,
date expired and to procure or cause to procure goods
having paid higher prices in an unnatural manner.
(2) In case any public servant does not return a vehicle or a facility
available to him/her by virtue of his/her official position within the
prescribed time after the expiry of the official position without any
reasonable ground, he/she shall be liable to a fine from one thousand to
five thousand rupees depending on the degree of the offense and such
vehicle or facility shall be taken back.
(3) Whoever, being a public servant, causes any type of loss to a
governmental or public property with mala fide intention having
committed any act excluding the acts referred to in Sub-Section (1) and (2),
shall be liable to a punishment of imprisonment not exceeding two years or of
a fine equal to the amount of the loss or both depending on the degree of
the offence.
(4) In case any person other than a public servant, with mala
fide intention of making illegal gain to him/herself or to any other
person, does not abide by the terms and conditions of an oath,
undertaking, agreement, contract, license, permit, promissory note or
dealership entered into with Government of Nepal or a public institution or
carries out business or misuses the facilities or powers of governmental or
such institution violating the Rules or Procedures determined by or terms
and conditions accepted by Government of Nepal or such institution in a
manner prohibited by the prevailing law, he/she shall be liable to a
punishment of imprisonment not exceeding two years and be fined
according to the amount of loss and the amount of loss shall be confiscated.