1. Short title, extent and commencement

(1) This Act may be called the Anti-Corruption Commission Act, 2004.

(2) It extends to the whole of the country.

(3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.

* S.R.O. No. 126-Law/2004, dated 09 May 2004, corresponding to 26 Baishakh 1411 Bengali Era, the said Act came into force on 09 May 2004.

In this Act, unless there is anything repugnant in the subject or context,–

1[(a) “inquiry” means activities conducted by the Commission or any person empowered by it with a view to finding out prima facie truth of the complaint, upon receipt thereof or being aware of, in respect

of an offence specified in the Schedule before accepting and recording the same for conducting investigation by the Commission;]

1[(aa)] “Commission” means the Anti-Corruption Commission established under section 3;

(b) “Commissioner” means the Chairman or any other Commissioner of the Commission;

(c) “Chairman” means the Chairman of the Commission;

(d) “Schedule” means the Schedule to this Act;

(e) “corruption” means the offences specified in the Schedule to this Act;

(f) “prescribed” means prescribed by rules;

(g) “Criminal Procedure” means the Code of Criminal Procedure, 1898 (V of 1898);

(h) “Selection Committee” means the Selection Committee formed under section 7;

(i) “Bureau of Anti-Corruption” means the Bangladesh Bureau of Anti-Corruption established under the Anti-Corruption Act, 1957 (Act No. XXVI of 1957);

(j) “rules” means rules made under this Act;

(k) “Secretary” means the Secretary of the Commission appointed under section 16;

2[(kk) “property” means, whether situated within or outside the country,-

(i) any kind of property, tangible, intangible, movable or immovable; or

(ii) cash, any kind of deed or instrument, including electronic or digital ones, that indicates the ownership or proprietary interest of any property;]

(l) “Special Judge” means a Special Judge appointed under section 3 of the Criminal Law Amendment Act, 1958 (Act No. XL of 1958).

Notwithstanding anything contained in any other law for the time being in force, the provisions of this Act shall prevail.]

(1) For carrying out the purposes of this Act, the Government shall, as soon as may be, after the commencement of this Act, by notification in the official Gazette, establish a Commission to be called the Anti-Corruption Commission.

(2) This Commission shall be an independent and impartial Commission.

1[(3) The Commission shall be an autonomous body having perpetual succession and a common seal, with power, subject to the provisions of this Act and rules made thereunder, to acquire, hold and dispose of property, both movable and immovable, and shall by the said name sue and be sued].

The head office of the Commission shall be situated in the capital of Dhaka and the Commission may, if necessary, establish its branch offices at any place in the country.

(1) The Commission shall consist of three Commissioners, and the President shall appoint Chairman from one of them.

(2) No act or proceeding of the Commission shall be invalid or be called in question in any court merely on the ground of any vacancy in the office of a Commissioner or any defect in constitution of the Commission.

(1) The Commissioners shall, on the recommendation of the Selection Committee formed under section 7, be appointed by the President.

(2) The Commissioners shall hold their respective offices on full time basis.

(3) Subject to the provisions of section 10, the Commissioners shall hold their respective offices for a period of 2[five years from the date of joining].

(4) The Commissioners shall not be eligible for re-appointment after the expiry of their tenure.

(1) In order to make recommendation for the appointment of Commissioners, there shall be formed a Selection Committee consisting of the following five members, namely:-

(a) a Judge of the Appellate Division of the Supreme Court nominated by the Chief Justice;

(b) a Judge of the High Court Division of the Supreme Court nominated by the Chief Justice;

(c) the Comptroller and Auditor-General of Bangladesh;

(d) the Chairman of the Public Service Commission; and

(e) the last retired Cabinet Secretary amongst the retired Cabinet Secretaries: 

Provided that, if any such retired Cabinet Secretary is not available or not willing to hold the membership of the Selection Committee, the next before retired Cabinet Secretary of the last retired Cabinet Secretary:

Provided further that, if any such retired Cabinet Secretary is not available or not willing to hold the membership of the Selection Committee, the present Cabinet Secretary in service.

(2) The Judge of the Appellate Division of the Supreme Court nominated by the Chief Justice shall be the Chairman of the Selection Committee.

(3) The Cabinet Division shall provide necessary secretarial assistance to perform functions of the Selection Committee.

(4) In order to make recommendation for appointment of the Commissioners, the Selection Committee shall, on the basis of the decision of at least 3 (three) members present, prepare a list of two persons’ names for each vacant post of the Commissioner and shall send the same to the President for appointment under section 6.

(5) To constitute a quorum of the Selection Committee not less than 4 (four) members shall be present.

(1) Any person having at least 20 (twenty) years experience in the field of law, education, administration, judiciary or a disciplined force shall be qualified for the post of Commissioner.

(2) No person shall be qualified for appointment or holding office as a Commissioner, if he

(a) is not a citizen of Bangladesh;

(b) is declared or identified as a defaulter by any bank or financial institution;

(c) is not discharged from the liability after being declared as a bankrupt by any court;

(d) has been convicted of an offence involving moral turpitude or corruption and sentenced to imprisonment by a court of law;

(e) is in the Government service;

(f) is unable to carry out the functions of the Commission due to physical or mental infirmity; and

(g) has been imposed major punishment in a departmental proceeding.

On ceasing to hold office, a Commissioner shall not be eligible to hold any post of profit in the service of the Republic.

(1) A Commissioner may resign from his office by sending a 1(one) month’s written notice to the President:

Provided that, the resigning Commissioners, except the Chairman, shall send a copy of the said notice to the Chairman for information.

(2) Despite resignation under sub-section (1), the President may, if necessary, request the resigning Commissioner to continue his office till formal acceptance of the resignation.

(1) The Chairman shall be the Chief Executive of the Commission; and in case of his inability to discharge his duties due to resignation, removal, absence, illness or any other reason, the President may direct a Commissioner to discharge the duties of the Chairman temporarily.

(2) The other Commissioners shall discharge their duties conferred upon them under overall supervision and control of the Chairman and the Commissioners shall be accountable to the Chairman in discharging such duties.

Theremuneration, allowances and other privileges of the Chairman and the Commissioners shall be determined by the Government.

(1) Subject to the other provisions of this section, the Commission may determine the procedures of its meetings.

(2) All meetings of the Commission shall be held at such time and place as may be determined by the Chairman.

(3) All meetings of the Commission shall be presided over by the Chairman, and in his absence, a Commissioner nominated by the Chairman shall preside over the meeting. 

(4) The presence of two Commissioners including the Chairman shall form a quorum of the meeting.

(1) All decisions of the Commission shall be taken in its meetings.

(2) The Commission shall-

(a) take decisions and make recommendations regularly in its meetings for the purpose of performing its functions;

(b) monitor regularly whether its decisions and recommendations are being implemented or not; and

(c) evaluate those in the meetings of the Commission after every

3(three) months.

(1) There shall be a Secretary of the Commission who shall be appointed by the Commission.

(2) As per direction of the Chairman the duties of the Secretary shall be, to prepare agenda of the meeting, and subject to the decision of the Commission in this regard, to determine a date and time of meeting, to prepare proceedings of the meeting, to prepare statement of duties performed by the Commissioners, and to preserve relevant documents, and to perform other duties and functions as may be assigned by the Commission.

(3) The Commission may appoint such number of officers and employees as may be necessary to perform its functions efficiently.

(4) 1[Appointment, Code of Conduct including discipline and appeal rules and other terms and conditions of service] of the officers and employees including the Secretary of the Commission shall be prescribed by rules and until such rules are made, the Commission may, subject to the approval of the Government, determine the procedures to be followed in this regard by administrative orders.

The Commission may perform all or any of the following functions, namely :-

(a) to inquire into and conduct investigation of the offences specified in the Schedule;

(b) to file and conduct cases under this Act on the basis of inquiry and investigation conducted under clause (a);

(c) to hold inquiry into any allegation of corruption on its own motion, or on an application made by an aggrieved person or any person on his behalf;

(d) to discharge any duty assigned to the Commission regarding anti-corruption by any law;

(e) to review the measures recognized by any law for preventing corruption and submit recommendations to the President for the effective implementation thereof;

(f) to make research scheme for prevention of corruption and submit recommendations to the President for taking action on the basis of such research findings;

(g) to create feeling of honesty and integrity in order to prevent corruption and to take measures to raise public awareness against corruption;

(h) to organise seminars, symposiums, workshops etc. on subjects falling within the jurisdiction of the Commission;

(i) to identify various sources of corruption existing in Bangladesh in the context of socio-economic conditions and submit recommendations to the president for taking necessary steps;

(j) to inquire into, conduct investigation of corruption, file the cases against corruption and to determine the procedure of approval by the Commission in respect of such inquiry, investigation and filing of cases; and

(k) to perform such other functions as may be necessary for prevention of corruption

Subject to the provisions of this Act, the Commission may, for the purposes of performing its functions, delegate any of its powers to any Commissioner or any officer of the Commission who shall exercise such powers accordingly.

(1) The Commission shall have the following powers in respect of inquiry and investigation, namely :-

(a) to issue 1[notice to witnesses] and ensure attendance thereof and to examine witnesses 2[***];

(b) to detect and produce any document;

(c) to take evidence 3[***];

(d) to call for public records or copy thereof from any court or office;

(e) to issue 1[notice] for examination of witnesses and documents; and

(f) to do anything prescribed for carrying out the purposes of this Act.

(2) The Commission may require any person to furnish any information regarding a matter of inquiry or investigation and the person so required shall be bound to furnish such information kept under his custody.

(3) If any person causes resistance to an officer legally empowered by the Commission or a Commissioner in exercise of his powers under sub-section (1), or deliberately disobeys any direction given under that sub-section, it shall be a punishable offence and for such offence he shall be punished with imprisonment for a term not exceeding 3 (three) years, or with fine, or with both.

(1) Notwithstanding anything contained in the Code of Criminal Procedure, the offences under this Act and specified in its Schedule shall be 3[inquired into or investigated] only by the Commission.

(2) The Commission may, by notification in the official Gazette, empower any of its subordinate officer to 4[inquire into or investigate] the offences mentioned in sub-section (1).

(3) An officer empowered under sub-section (2) shall have the power of an officer-in-charge of a police station in respect of 5[inquiry or investigation] of an offence.

(4) Notwithstanding the provisions of sub-sections (2) and (3), the Commissioners shall also have the power to 6[inquire into or investigate] the offences under this Act.

Notwithstanding anything contained in any other provision of this Act, if an officer of the Commission authorized in this behalf has reasonable grounds to believe that a person has acquired or is in possession, in his own name or in the name of any other person, any movable or immovable property disproportionate to his declared sources of income, such officer may, with approval of the court, arrest such person.

If the Commission deems that, during inquiry or investigation of an allegation of corruption, it is necessary to hear any person connected to the allegation of corruption, the Commission may give him a reasonable opportunity to be heard.

Subject to the provisions of this Act, the Commissioners shall be independent in discharging their duties under this Act

(1) The Government shall allocate the amount of money fixed in favour of the Commission for expenditure for every financial year; and it shall not be necessary for the Commission to obtain prior approval of the Government for expenditure of the said allocated money in its approved and fixed head.

(2) This section shall not be construed as violating rights of the Comptroller and Auditor-General under article 128 of the Constitution.

(1) Whenever the Commission, on any information and after conducting such 2[inquiry] as it may deem necessary, is satisfied that any person or any other person on his behalf is in possession or has acquired any property disproportionate to his legal source of income, the Commission may, by order in writing, direct that person to furnish statement of his assets and liabilities including any other information specified in that order in the manner prescribed by the Commission.

(2) If any person -

(a) fails to submit a written statement or an information in compliance with the order mentioned under sub-section (1) after receipt of the same or submits any written statement or any  information which for sufficient reasons is considered false or baseless, or

(b) submits any book, accounts, record, declaration, return or any document under sub-section (1) or gives any statement which,  for sufficient reasons, is considered false or baseless,

 he shall be punished with imprisonment for a term which may extend to 3 (three) years, or with fine, or with both.

(1) If any person has in his possession or acquired title of any property, movable or immovable, either in his own name or in the name of any other person on his behalf, and there is sufficient reason to believe to have been acquired by dishonest means and disproportionate to his known sources of income, he shall, if he fails to account for such possession to the satisfaction of the court at the trial, be punished with imprisonment for a term which may extend to 10(ten) years but not less than 3(three) years and with fine; and the said property shall be liable to be confiscated.

(2) If in any trial of an offence under sub-section (1), it is proved that the accused person or any other person on his behalf has acquired title or is in possession of property, movable or immovable, disproportionate to his known sources of income, the court shall presume, unless rebutted, that the accused person is guilty of said offence; and a conviction shall not be illegal as is based only on such presumption.

(1) Notwithstanding anything contrary contained in any other law for the time being in force, the offences under this Act and specified in its Schedule shall be tried exclusively by a Special Judge.

(2) The provisions 1[***] of the Criminal Law Amendment Act, 1958 (XL of 1958) shall apply to trial and disposal of appeal for the offences under this Act and specified in its Schedule.

(3) In the event of any inconsistency between this Act and the Criminal Law Amendment Act, 1958 (XL of 1958), this Act shall prevail.

The provisions of the Schedule II of the Code of Criminal Procedure, 1898 (V of 1898) shall apply to determine whether the offences under this Act are cognizable and bailable or not. 

(1) No information given by any person about any offence under this Act and specified in its Schedule be admitted as an evidence in any civil or criminal court, or no witness shall be allowed or compelled to disclose the name, address or identity of the informant, or cannot be allowed to present or disclose any information which discloses or may disclose the identity of the informant.

(2) The court shall not allow to inspect any part of book, document or paper comprising evidence in any civil or criminal proceeding which part contains the name, address or the identity of the informant.

(3) Notwithstanding anything contained in sub-section (1) and (2), after completion of investigation of any offence under this Act and offence specified in its Schedule, if it appears to the court that the informant has deliberately given false and baseless information or it is not possible to ensure justice without disclosing the real identity of the informant, the court may disclose the whole identity of the informant.