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Class Test

Is Anti-Corruption Commission (ACC) performing its functions


properly?

Course Title: Civil Rights, Judiciary and Regulatory Administration in


Bangladesh

Course Code: PA-314

Submitted To: Dr. Musleh Uddin Ahmed


Professor
Department of Public Administration
University of Dhaka

Submitted By: Farhan Mesbah

Roll: 065

Session: 2017-2018
BSS 3rd year, 5th semester
Department of Public Administration
University of Dhaka
Date of Submission: January 20, 2021
Anti-Corruption Commission (ACC) is one of the guideline organization of Bangladesh. ACC
was shaped through a demonstration declared on 23 February 2004 and came into power on 09
May. ACC was made to have an enemy of debasement culture all through the entire society and
to determinedly battle, control and forestall defilement. The commission is ordered as free, self-
administered and impartial element. It comprises of three Commissioners; of them one as the
director and all named by the President on the proposal of the Selection Committee for a time of
a long time from the date of their arrangement. While the officials work on all day premise loses
qualification for reappointment on expiry of the term in their office. ACC was created to carry on
some of the following major functions. –

 To hold inquiry and investigation into allegations of corruption


 To review any recognized provisions of any law for prevention of corruption and submit
recommendations to the President for their effective implementation
 To undertake research, prepare plan for prevention of corruption and submit
recommendations to the President for action based on the result of such research
 To perform any other duty as may be considered necessary for prevention of corruption
 To file cases on the basis of enquiry or investigation and conduct cases
 To raise awareness and create feeling of honesty and integrity among people with a view
to preventing corruption.
 To perform any function assigned to Commission by any Act in respect of corruption

At the point when the ACC was set up in November 2004, it raised several assumptions. In any
case, it didn't take long for the individuals to be frustrated. That the then government did not
have the obligation to allow the Commission to work autonomously and adequately was an
ordinary astuteness. Everybody realized that the magistrates were designated on sectarian
political thought.

The Commission neglected to exhibit an earnestness of direction and ability to know east from
west. The three chiefs occupied with common sharpness and question of one another on issues
like who among them was all the more impressive. The Commission likewise acquired the stuff
of the scandalous Bureau of Anti-Corruption when it sweepingly ingested its staff without due
investigation, and in this manner planted the seeds of ACC's shortfall of effectiveness and
respectability.

The reconstitution of the Commission by the military-upheld caretaker government of 2007-08


gave it some level of dynamism and energy. Various prominent people associated with
contribution in debasement were captured. Extraordinary council was set up for expedient
preliminary. Notwithstanding, commonplace of a system under military impact, the ACC
scarcely worked freely, as a powerful and questionable team worked corresponding with it,
frequently directing terms.

Disputable activities, for example, assortment of discretionary punishment and payoff for
debasement through the alleged Truth and Accountability Commission were in abundance. The
ACC was seen to have fit be utilized for what came to be scandalously known as de-
politicization thus called short two recipe. Force was manhandled for the sake of controlling
maltreatment of force as fair treatment was savagely abused. In whole, the experience of ACC in
the period since it was made shows that its adequacy has been delineated by outer just as inside
elements. Remotely, ACC has consistently been exposed to political and authoritative impact and
control, while ACC has itself been a long way from being completely equipped for meeting its
command of making a move against defilement without being affected by the personality or
status of the person. They give off an impression of being disabled by an insight that they have a
lot to lose on the off chance that they overlook and oppose outside pressing factors, and
henceforth the shortfall in fortitude and expert greatness befitting their prominent situation of
public interest.

ACC's viability depends no less on the degree to which its initiative is fit for utilizing the lawful
and institutional ability to convey the order of the ACC. No administration has yet given full
opportunity to ACC, nor has the ACC had the option to work as successfully as to appreciate
public trust. Actually, progressive governments have regarded ACC as a feature of its leader
wing while the ACC has additionally seen itself as an administration body, both dismissing the
way that albeit set up by the public authority, ACC's responsibility is to consider the public
authority answerable. At the point when the ACC was set up in November 2004, it raised
numerous assumptions. Be that as it may, it didn't take long for the individuals to be frustrated.
That the then government came up short on the obligation to allow the Commission to work
freely and successfully was a typical intelligence. Everybody realized that the chiefs were
selected on hardliner political thought. The Commission is generally accepted to have been
feeling the squeeze from a segment of the political and regulatory expert for which, reasonably
or not, any genuine activity by ACC against individuals in places of force is viewed as
excessively hazardous for itself. ACC apparently acts just when claims don't include people
straightforwardly or in a roundabout way identified with administering authority—strategically
or something else. Because of an insight that ACC dominatingly focuses on the political
adversaries of the public authority, the Commission is frequently accepted to be utilized to
advance the political plan of the decision party. Shortfall of trust and believability. Similarly,
significant is the shortage of the Commission's own abilities, limit and trustworthiness. There are
charges of defilement of a segment of the ACC staff. Aside from intermittent departmental
activities taken against certain authorities for claim of offense, the Commission has not
deliberately tended to the topic of its own responsible administration and uprightness of its staff.

As troublesome as it might appear, a powerful ACC is as yet conceivable. Four commonly


fortifying drivers are key. The first is the political will at all levels, on paper as well as by and by
to allow ACC to release its legitimate and institutional order without political or regulatory
impedance. Second, the ACC should rediscover itself, particularly understand that
notwithstanding the lawful command and institutional limit, it has on its side the leader's vow for
zero resistance against defilement. It should unrelentingly challenge exemption and deal with the
degenerate, guaranteeing fairness of all under the steady gaze of law independent of the character
and status of the individual. Third, the establishments of the NIS supplementing the ACC should
be straightforward, proficient, responsible and successful, both independently and all things
considered. Fourth, helpful climate should be made for individuals everywhere, especially the
media, common society, and NGOs, to raise and reinforce the interest for a successful ACC.

Despite the fact that made by the public authority, the ACC should not be seen as a piece of the
public authority, rather as a foundation to consider the public authority responsible out in the
open interest. ACC should have the boldness and solidarity to deal with the degenerate with no
inclination or favor and unaffected by any structure or level of political or different types of
impact or mediation. To make it work, predictable with the promise of zero resilience, it will be
officeholder upon the public authority to make the conditions in which ACC can deal with
debasement cases in the fair treatment without dread or favor.

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