The National Assembly today asked the Good Governance Committee to again rework the two new clauses proposed yesterday. The committee verbally proposed to include two new subsections under section 104 and 108 of the Anti-Corruption (Amendment) Bill yesterday.
Section 104 of the Anti-Corruption Bill is about the responsibility of frozen, seized or confiscated property. The new subsection states “Any movable property which is frozen or confiscated under this Act by the commission may be allowed to use, operate or lease such properties upon depositing a reasonable sum of money or monies worth as a pledge pending the outcome of the investigation or auction by the Commission with approval from the court.”
Similarly, the committee proposed a new subsection under Section 108. The new clause states “Any immovable property which is frozen, seized or confiscated by the commission may be allowed to use, operate or lease, pending outcome of the investigation and prosecution with approval from the court.”
However, the majority of the members pointed out that the subsections are not very clear.
“When we say allow to use, we should be clear about who will be allowed to use. As per the new clause, it is like the accused is allowed to use. However, I feel a third party should be brought in to allow the usage until the judgment is passed,” said Kinga Penjor, the Member of Parliament (MP) of Gangzur Minjey.
“The clause states about the requirement to deposit money or monies to allow the user. I am not sure if this will help in the continuation of the works because not everybody will be in a position to pay money,” said Yeshey Penjor, the Agriculture and Forests’ Minister.
“I feel it will be difficult to implement what’s written here. One is about depositing money which is not appropriate. Secondly, it mentions tendering which will be difficult as the case will be under investigation. So I think the clauses have to be revisited,” said Prime Minister Dr Lotay Tshering.
“When you talk about giving it to another party, no one will be willing to use it. This is because people are hesitant to use the properties involved in a dispute. Therefore it is appropriate to allow the owner to use by depositing money,” added Ugyen Wangdi, the Dramedtse Ngatshang MP.
The committee will rework and present it tomorrow on the two new subsections along with another new subsection proposed by the committee under section 119. The bill will be endorsed on Monday.
Karma Wangdi/Sonam Tenzin/Kinley Dem
