KATHMANDU, FEBRUARY 11
The government has set up Faulty Assets Management Department under the Ministry of Home Affairs to deal with goods and assets earned from or related to criminal offence.
The office situated inside Singha Durbar and is led by joint secretary.
According to the MoHA, a total of 19 employees have been deputed to FAMD and will be increased soon.
FAMD was set up a few months after enactment of 'Offence-related Assets and Goods (Withholding, Control and Confiscation) Regulation-2021'.
The MoHA mentioned in its six-monthly report card released earlier this week that investigation officers from Nepal Police or constitutional bodies may, on behalf of the FAMD, interrogate the concerned persons or carry out raids in suspicious places if he/ she has reasonable ground to believe that assets and goods possessed from criminal offence are concealed somewhere across the country.
"If any goods or assets are found during investigation, raid and search, the investigation officer will confirm whether they are related to offence or not based on the records maintained by the government agencies and the source of income of the concerned person," the MoHA said, quoting the regulation. If it is confirmed that the goods or assets are obtained by committing an offence, the investigation officer will have to initiate the process of withholding or taking control of them so that they cannot be transferred to anyone.
Similarly, the valuation of such goods or assets will be carried out by a five-member valuation committee headed by director general of the FAMD. Its other members include representatives from the Office of the Attorney General, Public Procurement Monitoring Office, Financial Comptroller General Office and account officer of the FAMD. The valuation will be based on their present condition and market value. The FAMD may seek the help of any government agency, local level or person for valuation of the goods or assets as per necessity.
The details of goods or assets withheld or controlled by the investigation officer will be sent to the concerned district administration office. The DAO may auction such goods or assets withheld, controlled and finally confiscated in accordance with the law. "Any person wishing to buy goods or assets through auction should deposit 20 per cent of their total valuation in the bank account prescribed by the DAO for further processing," MoHA informed. The government may also bring them into use for other purposes as per requirement. If the goods or assets are not usable and auctionable, they may be destroyed.
A version of this article appears in the print on February 12, 2022, of The Himalayan Times.
