11

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

22

CONDUCT RULES

Government servant is expected to

maintain absolute integrity show devotion to duty not exhibit conduct unbecoming

of a Government servant

33

Objectives

to launch a systematic campaign to launch a systematic campaign against corruption by involving all against corruption by involving all members of an organization in fighting members of an organization in fighting this social evil this social evil

to educate them about the dangers of to educate them about the dangers of corruption and sensitise them about corruption and sensitise them about the evil consequences of corruptionthe evil consequences of corruption

44

Prevention of Corruption Act, 1988 - (the ACT)

Definition Definition

Legislative Legislative framework to fight framework to fight corruptioncorruption

Allied Acts applied in Allied Acts applied in the PCA, 1988the PCA, 1988

use of public office use of public office for private gainfor private gain

Prevention of Prevention of Corruption Act, Corruption Act, 19881988

Indian Penal Code Indian Penal Code (IPC), and Criminal (IPC), and Criminal Law (Amendment) Law (Amendment) Act, 1952Act, 1952

55

Criminal Misconductwhen 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

66

The ACT

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

77

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

88

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.

99

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

1010

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

1111

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

1212

Chapter II

Section 5 describes the procedure to be followed and

the powers of Special JudgeSpecial 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

1313

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

1414

Chapter III - Section 7

If a public servant is charged withIf 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

1515

Chapter III - section 8

If a public servant is charged with

Accepting or attempting to obtain any gratification by corrupt or illegal means, to do any official act

1616

Chapter III - Section 9

If a public servant is charged with

Accepting or attempting to obtain any gratification for exercise of personal influence with public servant, to do any official act

1717

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

1818

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

1919

Chapter IIICriminal misconduct defined -contd. Section 13 - actions which can be

described as criminal misconductif 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

2020

Chapter III obtains for himself or for any other person any

valuable thing or pecuniary advantageby corrupt or illegal means, orby 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

2121

Chapter III - Section 15

Any Any attempt to commit an offence attempt to commit an offence referred in section 13referred 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

2222

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

2323

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

2424

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

2525

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 the public servant from office

2626

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

2727

Chapter VSection 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

2828

Chapter V

Section 24 grants immunity to the bribe giver from

prosecution proceedings U/S 12Section 25 PC Act not interfere with the procedure

applicable to Military, Naval and Air Force ActsSection 26 Special Judges appointed under Criminal

Law Amendment Act, 1952 shall be deemed as Special Judge

2929

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

3030

Chapter V

Section 28

nothing contained in ‘the Act’ shall exempt any public servant from any proceeding which might be instituted against him

3131

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

3232

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

3333

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

3434

“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

3535

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.

3636

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

3737

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

3838

VIGILANCE– Related Concepts -Contd.

Decision making - Avoid delays decision making should be pragmatic and fast

and as per Rules and ProcedureCo-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

3939

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)

4040

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

4141

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

4242

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

4343

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

4444

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

4545

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

4646

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

4747

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

4848

Time Limit For Grant or Refusal Of Permission

Sl. No. Purpose for which permission is sought Time limit for grant/ refusal of permission

1 publish a book 30 days

2 participate in a Radio Broadcast 30 days

3 Acceptance of gifts 30 days

4 immovable property transaction 30 days

5 transaction in movable property 30 days

6 transaction in immovable property outside India 60 days

7 property transaction with any foreigner 60 days

8 take recourse to any Court of Law 6 weeks

9 In the case of pensioners -

commercial appointment 60 days

4949

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

5050

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