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CORRUPTION - ill effects

CORRUPTION - ill effects. undermines investment and economic growth decreases the resources available for human development goals deepens the extent of poverty subverts the judicial system, and undermines the legitimacy of the state

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CORRUPTION - ill effects

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  1. CORRUPTION - ill effects • undermines investment and economic growth • decreases the resources available for human development goals • deepens the extent of poverty • subverts the judicial system, and undermines the legitimacy of the state • it can devastate the entire economic, political, and social fabric of a country • urgent need to create a zero tolerance for corruption

  2. CONDUCTRULES Government servant is expected to • maintain absolute integrity • show devotion to duty • not exhibit conduct unbecoming of a Government servant

  3. Objectives • to launch a systematic campaign against corruption by involving all members of an organization in fighting this social evil • to educate them about the dangers of corruption and sensitise them about the evil consequences of corruption

  4. Definition Legislative framework to fight corruption Allied Acts applied in the PCA, 1988 use of public office for private gain Prevention of Corruption Act, 1988 Indian Penal Code (IPC), and Criminal Law (Amendment) Act, 1952 Prevention of Corruption Act, 1988 - (the ACT)

  5. Criminal Misconduct when the public servant • misappropriates the property entrusted to him • obtains a valuable thing by abusing his official position • is in possession of disproportionate assets to the known sources of his income • abuses office • obtains a valuable thing or pecuniary advantage by corrupt or illegal means or by abusing his official authority he commits a criminal misconduct

  6. Date of effect Applicability The Act received the consent of the President of India on September 9, 1988(Act, No, 49 of 1988) and came into force on that date whole of India except the State of Jammu and Kashmir and it is applies also to all citizens of India outside India The ACT

  7. The ACT – Salient Features • Essential feature of this Act • it makes it obligatory for the Court to make certain presumptions of guilt against the accused radical departure from the normal rule under which the prosecution is required to prove ‘beyond doubt’ all the ingredients of an offence

  8. The ACT • consists of 31 sections covering different authorities, offences and the punishments • The Act is divided into five Chapters • Chapter I - extent and definitions • Chapter II – appointment of special judges, procedure and powers • Chapter III – actions amounting to offence and relative penalties • Chapter IV – investigation authorities and their powers • Chapter V – sanction of prosecution and misc.

  9. Chapter I • Section 1 - gives extent of the ACT • Section 2 – defines terms like public servant, Government, etc. • term ‘public servant’ as contained in section 21 of IPC has been enlarged to include a large number of employees within the ambit of definition by incorporating sections 2(c)(iii) and 2(c)(ix) covering employees of Nationalised Banks and office bearers of Co-operative societies of the Central and State

  10. Chapter II Section 3 • empowers Central Government and State Government to appoint Special Judges to try the following offences • offence punishable under this Act • any conspiracy to commit or any attempt to commit offences specified in above

  11. Chapter II Section 4 • specifies the jurisdiction of the special Judges appointed in sec 3 • offences described in sec 3 are to be tried by Special Judges • Special Judge also has powers to try any offence, other than an offence specified in sec 3

  12. Chapter II Section 5 • describes the procedure to be followed and the powers of Special Judge Special judge • can take cognizance of offences without the accused being committed to him • may tender a pardon to such person who makes a true disclosure of the whole circumstances relating to the offence Provisions of CrPC shall apply to the proceedings before the Special Judge

  13. Chapter II Section 6 • authorises Special Judge to conduct a trial in a summary manner, in cases where violation of section 12-A(1) of Essential Commodities Act, 1955 • and pass upon any person a sentence of imprisonment for a term not exceeding one year • convicted person will not have any right to appeal against such summary trial if the term of imprisonment does not exceed one month

  14. Chapter III - Section 7 If a public servant is charged with • Accepting any gratification other than legal remuneration in respect of an official act, as a motive or reward for doing any official act or showing any favour or disfavour to any person in official function

  15. Chapter III - section 8 If a public servant is charged with Accepting or attempting to obtainany gratification by corrupt or illegal means, to do any official act

  16. Chapter III - Section 9 If a public servant is charged with Accepting or attempting to obtainany gratification for exercise of personal influence with public servant, to do any official act

  17. Chapter III If any public servant • Section 10 - abets the offences defined in sec 8 & 9 • Section 11 - obtains valuable thing, without consideration form person concerned in proceeding or business transacted by such public servant

  18. Chapter III - Section 12 Punishment for abetment of criminal offences defined in sec 7 & 11 • Public servant shall be punishable with imprisonment which shall not be less than six months but which may extend to five years and shall also be liable to fine • It would be seen that a minimum sentence of six months has been made mandatory and fine is no more optional before the Courts

  19. Chapter III Criminal misconduct defined -contd. • Section 13 -actions which can be described as criminal misconduct if the public servant • habitual defaulter under section 7 • under section 11 • dishonestly or fraudulently misappropriates any property entrusted to him or under his control as public servant or allows any other person to do so

  20. Chapter III • obtains for himself or for any other person any valuable thing or pecuniary advantage • by corrupt or illegal means, or • by abusing his position • possesses pecuniary resources or property disproportionate to his known sources of income Punishment • criminal misconduct shall be punishable with imprisonment for a term which shall be not less that one year but which may extend to seven years and shall also be liable to fine

  21. Chapter III - Section 15 Any attempt to commit an offence referred in section 13 punishable with imprisonment for a term which shall be not less that two years but which may extend to seven years and shall also be liable to fine

  22. Chapter III - Section 14 Habitual committing of criminal offence under section 8, 9 and 12 punishable with imprisonment for a term which may extend to three years and shall also be liable to fine

  23. Chapter III - Section 16 Where a sentence of fine is imposed under section 13 or 14, the court shall take into consideration the amount or the value of the property which the accused has obtained by committing the offence

  24. Chapter IV Section 17 • offence punishable under the PC Act can be investigated by a police officer not below the rank of • an Inspector of Police - Metropolitan areas • a DSP or a police officer of equivalent rank - elsewhere Section 18 • a Police Officer empowered to investigate under section 17 can even inspect any bankers’ books in so far as they relate to the accounts of the person suspected to have committed that offence

  25. Chapter V Section 19 • before taking cognizance of an offence punishable under sections 7, 10, 11, 13 and 15 alleged to have been committed by a public servant, court shall obtain prior sanction of the authority competent to remove the public servant from office

  26. Chapter V Section 20 • deeming fictions in regard to the offences committed under section 7 or 11 or 12, 13 (1) (a) or (b) or 14 (b) • it shall be presumed that the public servant accepted or obtained the gratification, unless the contrary is proved

  27. Chapter V Section 21 • defines the accused public servant as a competent witness to disprove the charges made against him. He can give evidence on oath to defend himself Section 22 • describes application of CrPC, 1973 in respect of Sections 243(1), 309(2), 317(2) and 397(1), to the proceedings under ‘the Act’ with certain modifications Section 23 • deeming fiction and enjoins upon the authority under ‘the Act’ to deem the public servant accused of the offence U/S 13(1) (c), i.e. in charge of property without specifying particulars

  28. Chapter V Section 24 • grants immunity to the bribe giver from prosecution proceedings U/S 12 Section 25 • PC Act not interfere with the procedure applicable to Military, Naval and Air Force Acts Section 26 • Special Judges appointed under Criminal Law Amendment Act, 1952 shall be deemed as Special Judge

  29. Chapter V Section 27 • Authorises High Court to exercise all powers of appeal and revision conferred by the Cr.CP as if the Court of the Special Judge were a Court of Session trying cases within the local limits of the High Court

  30. Chapter V Section 28 nothing contained in ‘the Act’ shall exempt any public servant from any proceeding which might be instituted against him

  31. Chapter V Section 29 • lists various amendments/ substitutions/ insertions, in respect of authorities, time limit, Schedules, Paragraphs etc., in the Criminal Law Amendment Ordinance, 1944 Section 30 • repeal and saving Section 31 • allows application of section 6 of the General Clauses Act, 1897 in place of sections which had been repealed

  32. PC ACT - Synopsis a comprehensive statute incorporating all offences of corruption, laying down special rules of procedures to combat corruption, arming the investigating agencies with sufficient powers and denying dilatory tactics by the accused persons

  33. VIGILANCE MATTERSvis-à-vis Conduct Rules Misconduct • not capable of precise definition, its reflections receive its connotations from the context • Its ambit has to be construed with reference to the subject-matter and the context wherein the term occurs, regard being had to the scope of the statute and the public purpose it seeks to serve

  34. “Prevention is better than cure” in the context of Vigilance matters • In general parlance Vigilance means “Punitive Vigilance” which is in the nature of conducting a ‘Postmortem’ • act of omission or commission is detected and acted upon long after loss & damage to the Organisation has already resulted • taking timely steps would prevent wrong decision making or other acts of omission or commission

  35. VIGILANCE– Related Concepts -Contd. “Preventive Vigilance” • stratagem of taking precautionary step in advance “Prevention” • Ending, Controlling, Stopping, Barring, Checking, Blocking, Curbing, Halting. Similarly, the term “Vigilance” • Planning, Wisdom, Caution, Insight, Judgement, Awareness, Preparation, Precaution, Prudence, Alertness, Farsightedness and Watchfulness.

  36. VIGILANCE– Related Concepts -Contd. • moot point of Conduct Rules is to go for Preventive Vigilance so that all Government servants maintain certain standards of discipline and decorum To be fore-warned is to be fore-armed - • each one of us a Sentinel of Vigilance • accept the slogan of ‘Participative Vigilance’ for plugging any loopholes

  37. VIGILANCE– Related Concepts -Contd. Integrity at the highest level • to restrain from getting swamped by the current trend towards “Materialism/ Consumerism” System improvement • settlement of Medical claims, Payment of Loans, Advances etc., to the employees become possible within the shortest possible time frame

  38. VIGILANCE– Related Concepts -Contd. Decision making - Avoid delays • decision making should be pragmatic and fast and as per Rules and Procedure Co-operation with vigilance activities • Conduct Rules - onus has been cast upon the employees either to inform about a particular transaction or in some cases to obtain prior-permission thereabout • resist all temptations to make any “wrong claims” whether they are medical, LTC or TA/ DA

  39. VIGILANCE– Permission under Conduct Rules -Contd. • Activities Requiring Prior Permission / Sanction of the authorities • emphasis on ‘Preventive Vigilance’ • Relevant Conduct Rules – 3, 5, 8, 9, 10, 12, 13, 14, 15, 18, 18-A and 19 • Relevant Pension Rules – 10(1)

  40. VIGILANCE– Permission under Conduct Rules -Contd. Rule 3 - every Government servant at all times to • maintain absolute integrity; • maintain devotion to duty; and • do nothing which is unbecoming of a Government servant Rule 5 - Taking part in politics and elections • No Government servant shall be a member, or be otherwise associated with, any political party

  41. VIGILANCE– Permission under Conduct Rules -Contd. Rule 8 • no Government servant, except with the previous sanction of the Government, is permitted to own wholly or in part or conduct or participate in the editing or management of, any newspaper or other periodical publications or electronic media Rule 9 • no Government servant shall, in any radio broadcast, telecast through any electronic media or in any document make any statement of fact on opinion criticising any current or recent policy of the Central or State Government

  42. VIGILANCE– Permission under Conduct Rules -Contd. Rule 10 • prohibits a Government servant from giving evidence in connection with any inquiry conducted by any person, committee or authority Rule 12 • No Government servant shall except with the previous sanction of the Government or of the prescribed authority, ask for or accept contributions to, or otherwise associate himself with the raising of any funds

  43. VIGILANCE– Permission under Conduct Rules -Contd. Rule 13 • Except as provided in the Conduct Rules, no Government servant shall accept, or permit any member of his family or any other person acting on his behalf to accept, any gift Rule 14 • No Government servant shall, except with the previous sanction of the Government, receive any complimentary or valedictory address held in his honour

  44. VIGILANCE– Permission under Conduct Rules -Contd. Rule 15 • No Government servant shall, except with the previous sanction of the Government • engage directly or indirectly in any trade or business Rule 18 • Every Government servant to submit a return of his assets and liabilities, immovable property, shares, debentures and cash, movable property; owned, acquired or held by him

  45. VIGILANCE– Permission under Conduct Rules -Contd. Rule 18 • No Government servant shall accept without the previous knowledge of the prescribed authority acquire or dispose off any immovable property Rule 18-A • No Government servant shall, except with previous sanction of the prescribed authority,acquire, dispose of, or enter into any transaction in respect of any immovable property situated outside India

  46. VIGILANCE– Permission under Conduct Rules -Contd. Rule 19 • No Government servant shall, except with the previous sanction of the Government, have recourse to any Court or to the Press for the vindication of any official act • Appendix III – Orders regarding contact of Government servants with Foreign Nationals, etc. • Government servants should not stay as guests with foreign nationals in India

  47. CCS (Pension) Rules Rule 10 (1), CCS (Pension) Rules Group ‘A’ officers after retirement not to accept any commercial employment, within two years from the date of their retirement

  48. Time Limit For Grant or Refusal Of Permission

  49. GOI/ CVC/ C & AG Guidelines / Instructions on vigilance matters • Vigilance Angle - Only those cases in which there is an allegation of corruption or improper motive, need be referred to the CVC • Disciplinary authority to inform - about the final action taken on Commission advice • Rotation of staff - specially those working in sensitive posts should be strictly resorted to after every 2/3 years

  50. GOI/ CVC/ C & AG Guidelines / Instructions on vigilance matters • Denial of LTC - to Government servants found guilty of misuse of facility • Non-supply of CVC’s advice to the delinquent is violative of procedural safeguard • Amendment to CCS (CCA) Rules, 1965

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