FIRST REPORT OF GROUP OF MINISTERS TO CONSIDER MEASURES THAT CAN BE TAKEN BY THE GOVERNMENT TO TACKLE CORRUPTION

Government is committed towards zero tolerance against corruption and has taken several steps for anti corruption measures. Unfortunately, such interventions have been perceived to be ineffectual and there is cynicism on the subject. These are, in the words of second ARC report (January 2007) “seen as mere posturing without any real intention to bring the corrupt to book.” There have been allegations of corruption in many areas in recent times. In order to examine the entire issue, a Group of Ministers, with the following composition of members, was constituted by the Government on 6th January, 2011 with the approval of the Prime Minister to consider measures that can be taken by the Government to tackle corruption. (Annexure-I) .--------------------------------------------------------

Recommendations/Observations

5.             In the first meeting held on 21.1.2011, the GoM decided that the Cabinet Secretary may set up two Committee of Experts that will examine and suggest measures in respect of term of reference item (ii)(c) – Ensuring full transparency in public procurement and contracts, including enunciation of public procurement standards and a public procurement policy; and item (ii)(e) - Introduction of an open and competitive system of exploiting natural resources; and the above Committees will submit its report within 4 weeks.

6.             Accordingly, the Cabinet Secretariat constituted two Committees on 31st January, 2011. One Committee was formed under Shri Vinod Dhall, formerly Secretary, Ministry of Corporate Affairs to look into various issues having an impact on public procurement policy, standards and procedures; and suggest measures necessary to ensure full transparency in Public Procurement and Contracts including enunciation of Public Procurement Standards and Public Procurement Policy and issues related  thereto. (Annexure–II) The other Committee was formed under Shri Ashok Chawla, the then Finance Secretary - to identify major natural resources which are  allotted / allocated / distributed by the Government  of India and the institutional framework for utilization of such resources. This Committee would also examine the efficacy and suitability of existing legal and regulatory frameworks and rules and procedures in this regard and suggest measures to optimize the benefits of such utilization for all stakeholders, while ensuring sustainability of the resources; to suggest  measures for promoting transparency and enhancing effectiveness in allocation, pricing and utilization of these resources; to suggest changes in legal, institutional and regulatory framework to implement these recommendations and issues related thereto. (Annexure-III)

Fast tracking of cases of public servants accused of corruption:

7.             The issue regarding fast tracking of all corruption cases has two broad aspects – one pertaining to Departmental Proceedings, and another pertaining to the Criminal Cases conducted before the competent Courts. In addition, there are related issues regarding action to be taken against corrupt public servants by the State Governments in respect of their area of jurisdiction and of providing a legal framework for the forfeiture of property of the corrupt public servants.

8.             Fast tracking of Departmental Proceedings against Corrupt Public Servants: The detailed procedure for imposing penalties has been laid down in CCS(CCA) Rule, 1965 in the case of Central Government employees and in the All India Services (Discipline & Appeal) Rules, 1969 in the case of All India Services. These procedures do not, however, prescribe any time limit for completion of the process for imposing penalty. -------------

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