corruption - ill effects
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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
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CONDUCT RULES
Government servant is expected to
maintain absolute integrity show devotion to duty not exhibit conduct unbecoming
of a Government servant
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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
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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
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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
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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
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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
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The ACT
consists of 31 sections covering different authorities, offences and the punishments
The Act is divided into five Chapters Chapter I - extent and definitionsChapter II – appointment of special judges,
procedure and powersChapter III – actions amounting to offence and
relative penaltiesChapter IV – investigation authorities and their
powersChapter V – sanction of prosecution and misc.
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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
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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
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Chapter IISection 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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Chapter IVSection 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
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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
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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
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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
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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
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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
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Chapter V
Section 28 nothing contained in ‘the Act’ shall exempt any public servant from any proceeding which might be instituted against him
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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
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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
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VIGILANCE MATTERSvis-à-vis Conduct RulesMisconduct 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
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“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
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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.
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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
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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
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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
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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)
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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 servantRule 5 - Taking part in politics and elections No Government servant shall be a member,
or be otherwise associated with, any political party
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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
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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
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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
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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
businessRule 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
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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
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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
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CCS (Pension) Rules
Rule 10 (1), CCS (Pension) RulesGroup ‘A’ officers after retirement not to accept any commercial employment, within two years from the date of their retirement
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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
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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
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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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