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BHAKTAPUR, Nepals ancient City of Culture is renowned for its

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BHAKTAPUR, Nepals ancient City of Culture is renowned for its

    th9 International Anti-Corruption Conference (IACC), 10-15 October, 1999, Durban, South Africa

    Bhaktapur Integrity Pact Case Study

    Ramesh Dhungal TI Nepal

    BHAKTAPUR, Nepal's ancient "City of Culture" is renowned for its elegant art, fabulous culture, colourful festivals as well as its indigenous lifestyle. Spread over an area of 688 square kilometres this city was founded in the 12th century. It was brought to its present shape only in the early 18th century. Time has passed but the city and its dwellers seem to have remained more or less unchanged. Today one can view age-old festivals as well as time-honoured traditions and rituals, which are still enjoyed with the same fervour and enthusiasm as they were hundreds of years ago. Taking a stroll down Bhaktapur's lanes will find that many of the town's residents still don their traditional attires and costumes. Nepal's 'Cultural Capital' boasts a subtle culture vividly depicted in the thousands of remaining temples and age-old traditions. Besides the physical monuments the people of Bhaktapur have inherited a unique and century -old cultural tradition. Skilled craft persons continue to practice their generation-old craft art. Unlike the capital Kathmandu, Bhaktapur is still predominantly comprised of the peasantry, weaving, and ceramics, in addition to agriculture being their traditional enterprises.

BHAKTAPUR MUNICIPALITY - At a glance

    Area 688 sq. km

    Population 80,000

    Household 12,000

    Services Provided/Work Areas:

    i. Map ratification for housing

    ii. Citizenship Certification

    iii. Petty Tax Collection

    iv. Business Registration

    v. Land Transfers

    vi. Waste Disposal and Sanitation

    vii. Land Tiller Name Transfer

    viii. Valuation of House/Land

    ix. Amendment in Name/Address

CONTEXT OF CORRUPTION

    a. Corruption is a common problem of the country. It is a common practice in all government and civil

    bodies at the local level to pay some extra for the services rendered. However, Bhaktapur Municipality

    has made efforts in fighting corruption for a considerable time. It has hence been selected not as the

    worst case but as relatively better and easy place as a model.

    b. A successful campaign against corruption at the local level can be the introduction of participatory

    mechanism for fighting corruption. The Integrity Pact is the best mechanism for good governance at

    the local level.

    c. The best way is to motivate the local authority for adopting the Integrity Pact for their own good. It

    can give them political mileage specially during election. Once a municipality or a village council

    th9 International Anti-Corruption Conference (IACC), 10-15 October, 1999, Durban, South Africa

    agrees to enter into such Integrity Pact, other similar bodies especially in its neighbourhood feel

    publicly pressurised to follow its suit.

    An agreement was concluded between Bhaktapur municipality and Transparency International Nepal in February 26, 1999 for its implementation of Integrity Pact. With this joint effort Transparency International Nepal and Bhaktapur Municipality hope to demonstrate firmly that corruption is a scourge that can be defeated with political commitment, increased pubic awareness and co-operation among like-minded groups

Integrity Pact - Bhaktapur Framework

    Integrity Pact insures that all activities and decisions of public offices are transparent and that the projects/works are implemented, services are provided or taken, and goods/materials are supplied without giving or taking any kind of benefit, financial or otherwise. Justification of the decisions taken is provided without much ado to the parties concerned or to any interested individual or institution/organisation.

    For the implementation of this Pact, TI Nepal and Bhaktapur Municipality arranged for the following provisions:

4 Decision-making process made simple and transparent:

    4.1 Procedures for providing services/facilities, procurement of goods, services or materials for

    construction works as well as the decision-making process was made simple and transparent. 4.2 The work process and work-flow-chart was displayed in such a way that it is visible to all. 4.3 Name-plate of the responsible officials was displayed in such a way that it is easily visible to all. 4.4 To inform the general public about important construction works, bill-boards with full details, were

    placed at all project sites.

    4.5 Information on important decisions including auditor's report was made easily accessible to all. 4.6 The sources of income and revenues were made public.

4 Construction budget made realistic:

    Construction budget was made realistic, based on the nature of project (labour or capital intensive)

    and prevalent market price in order to make the construction works cost-effective.

4 Pledges Obtained from the Municipality, Officials, employees, individuals, firms and others:

    4.1 Municipality, officials and employees committed that, except tax, fees or discount legally provided

    for, they will not take any kind of commission, money, fee, tips or such other benefit in cash or

    otherwise directly or indirectly.

    4.2 Individual and firms, while supplying goods or providing services, committed in the

    Application/Tender Documents that no financial give-and-take or otherwise will be made directly

    or indirectly, personally or through agent to family member or any other persons of the

    Municipality, except tax, deposit/mortgage, fees legally provided for. Public commitment was also

    made that no compromise will be made in the quality of services being provided by the agency

    concerned nor in the delivery schedule.

    4.3 Payment was made on the date mentioned in the agreement after the completion of the work.

    th9 International Anti-Corruption Conference (IACC), 10-15 October, 1999, Durban, South Africa

4.4 While purchasing goods/materials, the details of goods/materials thus procured was published

4 Provision for suggestions and complaints:

    4.1 A suggestion box was placed in the office premises to encourage suggestions from the concerned

    or other interested parties and arrangements for the analysis of and implementation of feasible

    suggestions was made.

    4.2 An official was designated to respond to the suggestions and complaints thus received and

    redressed as soon as possible. All these processes were made public.

    th9 International Anti-Corruption Conference (IACC), 10-15 October, 1999, Durban, South Africa

ANNEX 1

    INTEGRITY SYSTEM: CONCEPT

What is the Integrity System?

    Integrity System is a system which insures that all activities and decisions of public offices are transparent and that the projects/works are implemented, services are provided or taken, and goods/materials are supplied without giving or taking any kind of benefit, financial or otherwise. Justification of the decisions taken is provided without much ado to the parties concerned or to any interested individual or institution/organization.

    For the implementation of this system, the agency concerned should arrange for the following provisions:

4 Decision-making process be made simple and transparent:

    4.1 Procedures for providing services/facilities, procurement of goods, services or materials for

    construction works as well as the decision-making process be made simple and transparent. 4.2 Agency concerned should prepare the work process and work-flow-chart for display in the

    concerned office premises in such a way that it is visible to all.

    4.3 Name plate of the responsible officials should be displayed in such a way that it can be easily

    visible to all.

    4.4 To inform the general public about important construction works, a bill board be placed at the

    project site. An inscription should be placed after the completion of the project. Details of

    important projects should be made public after the project is completed.

    4.5 All important decisions be made public.

    4.6 Information on all important activities including auditor's report should be made easily accessible

    to all.

    4.7 Agency concerned should periodically make public their sources of income and revenues.

5 Construction budget be made realistic:

    Construction budget be made realistic, based on the nature of project (labor or capital intensive)

    and prevalent market price in order to make the construction works cost-effective.

    6 Non acceptance of any form of payment, financial or otherwise, except those legally

    provided for, while offering or taking services or procuring goods, services or materials.

    6.1 Agency concerned should publicly commit that, except tax, fees or discount legally provided for, it

    will not take any kind of commission, money, fee, tips or such other benefit in cash or otherwise

     directly or indirectly.

    6.2 Officials and employees of the agency concerned should also make commitment provided for in

    clause No. 3.1.

    6.3 Individual, firm or company, while supplying goods or providing services, should in the

    Application/Tender Documents commit that no financial give-and-take, except tax,

    th9 International Anti-Corruption Conference (IACC), 10-15 October, 1999, Durban, South Africa

    deposit/mortgage, fees legally provided for, in the form of commission, cash, fee, tips or any kind

    of financial benefit in cash or otherwise will be made directly or indirectly, personally or

    through agent, family member or any other person.

    6.4 Public commitment be made that no compromise be made in the quality of services being provided

    by the agency concerned nor in the delivery schedule.

    6.5 The date of payment, for the services or goods be mentioned in the agreement and the payment be

    made accordingly after the completion of the work.

    6.6 While purchasing goods/materials, the agency concerned should publish the details of

    goods/materials thus procured.

7 Provision for suggestions and complaints:

    4.1 A suggestions box should be placed in the office premises to encourage suggestions from the

    concerned or other interested parties.

    Arrangements for the analysis of and implementation of feasible suggestions be made. 4.1 An official should be designated to respond to the suggestions and complaints thus received.

    Complaints be studied and redressed as soon as possible. All these processes be made public.

Note:

    1. This document includes provisions that are theoretically applicable to all types of

    agencies, although admittedly some of them may not be relevant to a certain agency

    because of the nature of work.

    2. Suggestions relating to the improvement and efficiency of the institution concerned be

    implemented.

    3. Matters having direct bearing on the functioning of the agency concerned and/or

    behavior of its officials, and which can potentially raise questions regarding

    accountability, responsibility and transparency, be immediately dealt with.

    th9 International Anti-Corruption Conference (IACC), 10-15 October, 1999, Durban, South Africa

ANNEX 2

    CONTRACT AGREEMENT BETWEEN THE PARTIES CONCERNED FOR THE

    IMPLEMENTATION OF INTEGRITY SYSTEM

    An agreement between Transparency International Nepal and … … … … … … has been reached on (date)………………… to implement the Integrity System. To implement the system as per the attached

    concept paper, an understanding has been reached between ………………………….. and Transparency International Nepal.

    1. ……………….will implement the Integrity System. For this purpose, Transparency International

    Nepal will provide experts’ services to……………… ……… as required.

    2. While adopting the Integrity System as mentioned in the point No. 1, …………………..will

    provide information demanded by Transparency International Nepal and its experts as required. 3. Both the parties agree to jointly monitor the implementation of the Integrity System.

    A monitoring team comprising an expert on integrity system and (number) ……………

    representatives and experts each from Transparency International Nepal and ……………………

    will be formed for the purpose.

    4. The …………………… has the responsibility to inform the local public and all interested

    individuals/institutions/organizations about the activities carried out under this system. 5. In accordance with the proposed system, Transparency International Nepal will provide experts’

    services for … … months beginning …………………

    6. ………………… will continue the Integrity System even after the completion of this project and

    will provide information and details when Transparency International Nepal wants these for the

    purpose of the study.

On behalf of On behalf of

    ……………… Transparency International Nepal

Signature: Signature:

Name: Name:

Designation: Designation:

    th9 International Anti-Corruption Conference (IACC), 10-15 October, 1999, Durban, South Africa

    COMMITMENT OF THE OFFICIALS OF THE AGENCY CONCERNED FOR THE

    IMPLEMENTATION OF

    INTEGRITY SYSTEM

    I ………………….. on (date)……………….. hereby pledge that, in accordance with the Integrity System, will do the following:

    1. While performing any work under my jurisdiction, I (myself or through my family members)

    will not seek or accept any financial benefit in cash or otherwise (in the form of

    commission, cash, reward, fee, tips) for providing or receiving services or while procuring

    goods, services or materials.

    2. I hereby guarantee that a clause of the date of payment for the services or goods to be

    supplied be included in the agreement thereof, and the payment be made by the date

    mentioned in the contract/agreement or after the completion of the work.

    3. I hereby commit that transparency will be maintained in all the activities undertaken under

    my jurisdiction.

    4. While performing duty under my jurisdiction during the implementation and even after the

    completion of the project of the Integrity System, I will not allow any situation adversely

    affecting the functioning of the Integrity System.

    5. I will promptly provide the details as demanded by any interested individuals or institutions

    or organizations regarding the issues and activities under my jurisdiction.

Name:

Designation:

Signature:

    th9 International Anti-Corruption Conference (IACC), 10-15 October, 1999, Durban, South Africa

    COMMITMENT OF THE EMPLOYEES OF THE AGENCY CONCERNED

    WHILE IMPLEMENTING INTEGRITY SYSTEM

    I ………………….. on (date)……………….. hereby pledge that, in accordance with the Integrity System, will do the following:

    1. While performing any work under my jurisdiction, I myself or through my family members,

    will not accept any financial benefit in cash or otherwise (in the form of commission, cash,

    reward, fee, tips) for providing or receiving services or while procuring goods/materials. 2. I hereby guarantee that a clause of the date of payment for the services or goods to be

    supplied be included in the agreement thereof, and the payment be made by the date

    mentioned in the contract/agreement or after the completion of the work.

    3. I hereby commit that transparency will be maintained in all the activities undertaken under

    my jurisdiction.

    4. While performing duty under my jurisdiction during the implementation and even after the

    completion of the project of Integrity System, I will not allow any situation adversely

    affecting the functioning of the Integrity System.

    5. I will promptly provide the details as demanded by any interested individuals or institutions

    or organizations regarding the issues and activities under my jurisdiction.

Name:

Designation:

Signature:

    th International Anti-Corruption Conference (IACC), 10-15 October, 1999, Durban, South Africa 9

    PUBLIC NOTICE TO BE PUBLISHED BY THE AGENCY CONCERNED

    WHILE IMPLEMENTING INTEGRITY SYSTEM

    It is well known that …………………. has been providing services in the field of public welfare. It is notified to all concerned that a system to make the activities of the institutions transparent is being introduced, whereby, all concerned individuals or institutions or organizations would have easy access to the information and details of our activities. Thus, this institution requests all concerned to provide comments/suggestions related to our activities. In addition, ………………… can be consulted for the

    detailed information about the activities carried out by this institution.

Quality of service would not be compromised

    In addition, services and facilities such as ………………………. will be provided free of cost or …………………... No payment or…………….. should be made for these services. It is also informed

    that no compromise shall be made in the quality as well as the regularity of the services.

No payment be made except tax and fee provided for by the law

No payment is required to be made, except legally provided for, to this …………………. by concerned

    individual, firm or company, while supplying goods or providing services, in the form of commission, cash, fee, tips or any kind of financial benefit in cash or otherwise directly or indirectly, to the officials or

    any employees of this institution.

Complaints are invited in case of delay and/or illegal activities

    Complaints/information on any deed committed by any official or employee of this ……………….against this notice are welcome. It is requested that such complaints/information be sent to ……………….... .

    Informant will be awarded with NRs ……. if the information thus supplied turns out to be correct. Name and address of the informant will be kept confidential.

Cooperation of all concerned is expected

    Cooperation from all concerned is expected in effectively implementing the Integrity System by making all its activities transparent and providing services/facilities smoothly.

    Thanks

    (Note: This notice could be adopted according to the need and circumstances.)

    th International Anti-Corruption Conference (IACC), 10-15 October, 1999, Durban, South Africa 9

     PROCUREMENT PROCEDURES FOR

    GOODS AND MATERIALS

    The general norm is that all office supplies are procured through the procedure of tender or quotation. If an arrangement to compile market price of goods/materials required by the concerned agency is made periodically any untoward financial dealings could be checked. Thus, the agency concerned should make an arrangement to find out the market price every three months, in order to compare it with the price it has maintained. Following procedures are suggested for compiling the market price:

    ; Market price should be sought through officials/employees or through public notice. ; Price list could be obtained from Federation of Nepalese Chambers of Commerce and Industries

    (FNCCI).

    The agency concerned, while purchasing any goods/materials, should arrange for the publication of public notice in the print or electronic media mentioning latest range of market price of the goods/materials required. Following points should be mentioned in such a notice:

; Unit and quantity of the goods/materials to be supplied.

    ; Time and place of delivery of the goods/materials.

    ; Available price list be given indicating the maximum price for the said goods and materials. ; The notice should mention that no payment be made, except tax, fee or commission legally provided

    for by the supplier of goods/materials to the agency concerned or its employees in any form of

    commission, cash, fee, tips or any kind of financial benefit in cash or otherwise directly or

    indirectly.

    ; The notice should mention that a written commitment from the supplier, while submitting and signing

    the contract agreement for the supply of goods/materials, would be required, declaring that the

    supplier will not make any payment, except tax, fee or commission or service legally provided for, in

    any form of commission, cash, fee, tips, services or any kind of financial benefit in cash or otherwise

     directly or indirectly to the concerned agency or its employees.

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