Political corruption and vigilance article

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“Greater transparency is a great unstoppable force. It is the merchandise of growing demands via everybody with an intention in any corporation-its stake holder web-and of rapid technological change, especially the propagate of the net, that makes it far easier for companies to supply data and harder for them to continue to keep secrets. Firms now know that their internal e-mails may possibly one day turn into public understanding, for instance, and a lot of big companies need to co- exist with impartial websites exactly where employees can meet anonymously to air their grievances.

With greater transparency will come greater accountability and better corporate behavior. Rather than take part in futile capacity it, companies should actively embrace visibility and inhaling and exhaling the principles and generally enter better shape.  Wear Tapscott, co-author of “The Naked Corporation

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Contents

Sl. no Articles Page no . 1 Prologue I two Message by CVC relating to Vigilance Understanding

Week II

3 The Malaise of Corruption 1-4 4 Evolution of the notion of Vigilance 5-7 5 Vigilance and series managers 8-11 6 Precisely what is Vigilance angle? 12 several Relevant ingredients of IPC relating to publicservants 13-14

eight Prevention of Corruption Take action 15-27 being unfaithful Right to Details Act 28-47 10 FREQUENTLY ASKED QUESTIONS on PIDPI resolution 48-50 11 CVC circulars about tendering 51-99 12 Preventive vigilance circulars 100-132 13 Vigilance circumstance studies 133-145 14 Checkpoints on managing of tenders 146-151 12-15 Epilogue

Prologue It gives me personally immense satisfaction to state that in an attempt to instill a nature of Caution

Awareness between the employees of NCL, a modest work has been manufactured by the Watchful Deptt.

of NCL to publish a magazine named “Vigilance Perspective.

The publication is intended to be quarterly in its periodicity. The articles of this concern have been arranged and fine-tuned to include matters that have

direct nexus together with the perceived need to promote caution awareness/consciousness numerous employees of NCL. From this endeavor not any attempt have been made to project the claim of originality in just about any manner.

CVC vide their very own instruction number 008/VGL/069 dt. 7. 15. 08 acquired directed to utilize the Vigilance Consciousness Week to publicise the protection informers resolution (Popularly known as Whistle Blower Resolution). Having consider to the instructions of CVC, a writeup on accommodations complaint under PIDPI Quality has been incorporated in this concern. Apart from Directly to Information Action, and Avoidance of Problem Act, it has chapters on leading vigilance case studies of NCL and program improvement circulars issued as a result of vigilance activities in NCL.

Handling of contracts and public purchase of goods and services are often perceived being corruption susceptible areas. Taking into consideration the requirement of producing public purchase efficient, translucent & equitable important CVC guidelines upon tendering methods have been produced a part of this publication.

Besides, the gist of CVC’s findings upon irregularities discovered by all of them in managing of open public procurement forms a part in this issue under the mind “Checkpoints in handling contracts/supplies/purchase. It is expected that the checkpoints could be quite useful and handy for executives/employees in handling contracts/supplies/purchases.

The maiden attempt has been possible due to the untiring efforts of and unceasing/relentless endeavor from the executives/non business of Watchful Deptt. of NCL. Specifically, but for the diligence of Shri Ashok Kumar, Sr. PA, Ms Reeta Pandit, Sr. PA and Shri R. Swansi, Sr. PA, it would not need been possible on the part of the undersigned to get this out.

Communication by CVC regarding Caution Awareness Week Vigilance Awareness Week will be observed in every Governent organizations from 3 rd. November

to 7th. November 2008. It is the time of the year whenever we rededicate yourself and replenish our commitment towards the cause of creating conditions to eliminate rent in search of behaviour and also to ensure that community services will be rendered with utmost integrity, sincerity and efficiency.

2 . The Percentage would like to see promotion of Preventive Vigilance Activities with emphasis on development of a certain system. A system that stimulates strict devotedness to the guidelines of no discretionary making decisions on the basis of well defined guidelines would go far in obviating the need for disciplinary action well after the event is over. Right now there cannot be an even more apt information in this regard than the old saying: “Prevention is better than cure.

3. The function of the Assistants to the Govt. of India and the CMDs of the PSUs and the Public Sector Banks, while heads with the vigilance supervision, in this regard, scarcely needs virtually any emphasis. Watchful is very much a management instrument and, as a result, should be employed synergetically with all the other equipment to improve efficiency by promoting competitiveness, equity and visibility.

4. Slowing corruption is actually serious a job to be still left to the mind of vigilance in Govt. Organisations or maybe the Commisison alone. The civil society and citizens generally speaking must enjoy a far more powerful and pro-active role through this fight. Of particular importance in this practice is the recourse to Open public Interest Disclosure and Safety of Informers’ (PIDPI) Quality, 2004, under which the complainants can strategy the Commission payment directly since “Whistle Blowers. The Commission remains committed to protecting the safety and identification of the Whistle Blowers and urges more such people to arrive forward to be able to expose file corruption error in public your life, taking advantage of PIDPI Resolution, 2005.

(Sudhir Kumar) (Ranjana Kumar) Vigilance Commissioner Vigilance Commissioner (Pratyush Sinha) Central Caution Commiassioner

THE MALAISE OF CORRUPTION-IT’S PROGNOSIS & PROGNOSIS

Gandhiji once remarked “Nations are born of opération and suffering. The Self-employed India came to be because of the devotion, suffering and sacrifice of your freedom practitioners. Our independence struggle can be described as testimony for the indomitable mood of Indians to countertop an oppressive regime and usher in anew period for us. Nehru’s “Tryst with destiny presentation set the tone intended for optimism intended for post- independence of India.

Though the land has made large leaps in it’s position in the comity of nations, yet crippling low income of several, low per capita income & the typical of living of an average Indian when compared with the citizen of a produced nation remain as long lasting features of Of india economy. A huge chunk of Indians live under the lower income line. “Roti, kapda & makan continue to remain a distant dream for working millions of Indians. It is a unusual irony that India prides itself on having really presence in the Moon the moment quite a few Indians fail to help to make both payments. It is a story of contrasts-of successful Indians making amark in all spheres of human activities in the international level when countless Indians are not able to make two ends meet.

“World Hunger Index of IFPRI, the “human development index of EL, World Traditional bank data in “child malnutrition and maternal mortality rate, Corruption perception index of Transparency intercontinental, a study of the centre for media studies upon “petty bribes, “index of economic freedom published each year by the history foundation and Wall Street Journal, the world bank twelve-monthly series upon  Easy Doing business, infraction of “rule of law and “difficulty in conclusion business will not show India in good light.

CORRUPTION-THE VILLIAN OF THE PIECE

Definitely, Corruption is among the predominant factors behind India’s backwardness in respect of a number of the socio- financial indicators of development. The expansion of economy is inversely related to the corruption index. To put it the additional way, the GDP of the nation goes up as the corruption index falls and vice-versa. The corrosive nature of data corruption is suggested by the pursuing negative influences of problem:

¢ This adversely affects the functionality of the program as a whole and compromises the economy’s long-term dynamics.

¢ It builds negative economic system wide externalities that denigrates efficiency with the system.

¢ Corruption contributes to the favoring of bad producers ¢ It distorts the portion of hard to find public solutions and

causes leakage of revenue via government coffers to personal hands.

¢ It distorts the allocation of scarce general public resources to result in leakage of revenue by government coffers to non-public hands.

¢ Large scale taxes evasion erodes the duty base and the process helps the technology of black money. Consequently, it is not rare to find colleges without pupils, teachers with out schools, hospitals without doctors or drugs and so on, though on paper every expenditures have been completely accounted for.

¢ Large scale taxes evasion erodes the duty base and in the process helps the era of black money.

¢ The result is crowding out of investment in priority sector such as education or well being.

¢ Problem in the economy causes inflated govt expenditures and scarce resources are squandered on uneconomic projects for their potential to generate lucrative payoffs.

No wonder that corruption is definitely anti-poor and anti-national. Inside the immortal words and phrases of Mahatma Gandhi, “The progress from the nation will be hindered for the extent where corruption seeps in

THE PERCEIVED OUGHT TO FIGHT DATA CORRUPTION: As Doctor Manmohan Singh, the PM of India has discovered, “Good governance rests on the honesty and integrity of civil maids and openness of the administrative machinery. Because of the adverse impact of corruption in public governance and its innate nature to baulk in the developmental method, there is equally real and perceived ought to combat corruption. HOW TO FIGHT AND DECIMATE DATA CORRUPTION? The pessimists would lament that problem is a great invincible hydra-headed monster, which will Phoenix just like, rises through the ashes of it’s own destruction. On the other hand, the perennial optimists harbour a contrarian viewpoint. Their self-belief to wrestle with all the malady of corruption stems from theirconviction that within each corrupt established inhabits a genuine person together with the vanity of the honest specific. Besides, they will reckon with all the fact that the great majority bitterly resents corruption ” they go through in silence, occasionally in dread. Such resentments, if controlled, would constitute a potent weapon against problem.

Success it is said is a self fulfilling prophecy. Put simply, if it is thought that corruption could be defeated, it surely will probably be. However , whether it is believed that corruption is intractable, then a pessimism can in all certainty fulfill itself. “”””””””””””””””””””””””””””””””””””

“On this the planet there is enough for our need, although not enough because of their greed-GANDHIJI

“”””””””””””””””””””””””””””””””””””

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Slowing corruption can simply be successful once public consciousness is coupled with anti-corruption efforts. The primary goal of creating general public awareness is always to sensitize the public about about the consequences of corruption and also to educate those about the improvements had to create a data corruption free world. As the current President of India, Mrs Pratibha Devsingh Patil provides succintly discovered, “A file corruption error free society is only conceivable if standard tenets of righteousness happen to be deeply inbedded in our hearts and heads. 

The CVC in their message on Vigilance recognition week include appropriately contended, “However, to fight the menace of corruption, communautaire and focused efforts are necessary in which the prevalent man, who will be the ultimate sufferer and beneficiary is an important partner. An wicked like corruption can be eradicated only when the common man is definitely empowered to becomefully conscious of his rights, feels the necessity and has the urge to stand up against corrupt open public servants.

The justification to information Work, if utilized to the optimum in addition to a judicious manner, gets the potential for such empowerment.  When the prevalent man becomes aware of his rights and duties, knows rules, regulations, laws, instructions etc this individual jettisons staying the ready accomplice to corrupt practices. It requires an attitudinal change in him to non-co-operate with vendible officials. Besides, a conclusion should start upon community officials that:

¢ These are the servants in the public and not their professionals ¢ They must remind themselves that they must be so high that law can be above

them. In other words they should respect legislation and rely on rule of law. ¢ Their activities are be subject to public and judicial overview. ¢ They must be sensitive for the grievances of employees ¢ They should action reasonably, fairly and judiciously in work out of discretion ¢ They must not perform what they had been forbidden to perform, nor need to they do whatthey have not recently been authorized to perform. ¢ They must act in good faith, should have regard to relevant factors, mustnot always be influenced simply by irrelevant things to consider and must not seek to promote puposes peculiar to the page and spirit of legisation.

¢ All their actions ought to be rational, legal and regular in nature. ¢ Legislation should not be administered with a great “evil eyesight, unequal/oppressive brain andunequal hand ¢ Aggressive discrimination with no intelligible differentia should be averted at allcost. ¢ To stop disproportionate administrative action.

“””””””””””””””””””””””””””””””””””” Among a people generally tainted, liberty are not able to long exist. Edmund Burke (1729-1797) United kingdom political copy writer

“””””””””””””””””””””””””””””””””

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The vigilance awareness week provides an opportunity to rededicate ourselves to this mission and devise tactics in goal areas just like system advancements and precautionary vigilance. Additionally, it provides an chance to reach out to the stakeholders which has a n open mind also to invite recommendations to chalk out ways and means to deliver companies in a translucent and useful manner also to devise a methodology to eliminate corruption from public life. The primary objective from the observance is always to generate vigilance awareness amongst the stakeholders of NCL we. e., clients, employees, vendor partners and so forth It was meant to sensitize the folks about the requirement to wrestle with the dragon of corruption. It will be easy to reduce file corruption error if only all of us convince ourself that it can be achieved. The way out of corruption is to;

1 ) eliminate the damaged practices in our official process. 2 . combine- consider one integrated support counter rather ofmany three or more. re-sequence which will improve efficiency and reducecorruption 4. replace -offer the alternative to down load routine forms fromthe internet to finish off the nexus of the peddlers a few. modify types of procedures 6. We have to all be familiar with evils of corruption and imbibe theculture of honesty, integrity, visibility and probity. Russel said if you articulate a point of view often enough that acquiresrespectability.  Nothing is because powerful since an idea whose time has come- so let us open the minds for the idea that file corruption error can indeed be defeated. De tocqueville has said that the inevitable can become intolerable the moment it is no more perceived to be inevitable- and so lets reject the inevitabilityof corruption and soon we may find it being truly irresistible. Shaw -success comes to the unreasonable person who wants to modify; so enables resolve to become unreasonable.

“””””””””””””””””””””””””””””””””””” “Corruption is much like a ball of snow, once it’s set a rolling it should increase.  Charles Caleb Colton (1780-1832) British chef, sportsman and author. “””””””””””””””””””””””””””””””””

“””””””””””””””””””””””””””””””””””” “I have typically noticed that a bribe has that impact ” this changes a relation. The person who presents a entice gives away a small amount of his very own importance; the bribe when accepted, this individual becomes the inferior, like a man that has paid for a lady.  Graham Greene (1904-1991) English writer.

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EVOLUTION OF THE NOTION OF VIGILANCE By: B. Pradhan Chief Caution Officer/NCL

Etymologically, VIGILANCE implies watchfulness plus the planned effort to uncover and punish problem and bribery. But the notion of vigilance features undergone evolution in the course of atroz march of human history. The current concept of watchful, however , can be inextricably linked to its background. It can be comprehended properly only if it is browse in conjunction with it is history. An man appeared stumbling and slouching from the jungles make forward his tentative steps in the direction of a civil existence, he has been seized of the issue of combating corruption the two at the individual as well as the social place. Quite simply, the problem of corruption can be as old as the human competition and mankind’s war against corruption goes back to Adam’s Original desprovisto. Before humans coalesced in society, living of individuals was either”solitary, poor, nasty, brutish and short or “one of noble savage. In either case, the yearning or perhaps search for a great ordered, regulated, corruption-free and peaceful existence has practiced the brains of thinkers, philosophers and social scientists. Concurrently, with the evolution human being society, human beings has invented structures, devices, rules, polices, legal construction and concepts for controlling human behaviors so as to obviate the range for file corruption error in socio-economic- political purchase.

We may have a glance of the tectonic changes or perhaps shifts which may have taken place in man’s quest for justice, freedom, equality & integrity. It is a matter of history that remarkably developed civilization existed in China, Egypt, Mesopotamia, Babylon and India in old days. It is also a fact that corruption, in its different forms, also coexisted during those times. So likewise, the human endeavor to curb and eliminate corruption in its different manifestations. The wide frequency of problem in Ancient India is usually evident in Kautilya’s Arthasastra. Kautilya received a parallel between a fish in water and an official from the state invested with power for preventing powering the capabilities of the condition. With terms, pregnant with wisdom and indicating his pragmatism/political sagacity, he observed that as it is difficult to state whether a seafood deep in water is drinking water or not, and so also, it is not easy to say if government stalwart is tainted or not. He also says that just as it is impossible never to taste the drop of honey or poison that is placed on the tip in the tongue, therefore it is rather difficult for the us government employee never to eat up in least a little bit of king’s income.

In his amazing work, Kautilya lists 40 ways of embezzlement. Not only that, he prescribes distinct punishments for different crimes. Besides, Indian folklore is crammed with testimonies of nobleman and nobles employing the services of spies to hold on to an attention on potential criminals, foes of point out and offenders of self-control. Further, the idea of policing was an integral part of and an important element in the criminal administration throughout the ancient age. A study of the justice system prevalent then simply gives an insight into the notion of vigilance in vogue then and implies that preventive as well as punitive vigilance were in practice then. The middle ages, however , marked a fresh phase in the evolution of state and state art. The spirit of republicanism, the growth of democracy plus the germination of the concept of guideline of law was aborted by the “concept of divine right of kingship.  Theabsolute monarch claimed his ancestry to god and ruled by the power of his sword because the regent of the the almighty.

The functions of omission and percentage of the california king were given a spiritual colour. He was referred to as the march of god on the planet. The faith of gentleman was exploited to legitimize the rule of the monarchs of those days and nights. The cathedral and the kind reinforced one another in maintaining their particular respective positions in the sociable scale. The long and short of it was that the border wall between the political and the religious site was smudged/blurred. Consequently, tremendous powers were concentrated in the kings, princes, priests and others in their close proximity. This kind of concentration of power bred corruption, injustice and oppression of the downtrodden.

Kings, princes and nobles governed as per their vagaries, facies and caprices by providing their acts a religious shade. The creation of renaissance and reformation in western European countries marks a watershed in man’s hunt for shacking absolute power of monarchy. Reformation challenged the dominance of Papal church and questioned is actually supremacy in the maters of religion. “”””””””””””””””””””””””””””””””””””””””””” “Corruption is more serious than prostitution. The latter may endanger the morals associated with an individual, the former invariably endangers the honnête of the complete country.  Karl Wellig (1874-1936) Austrian satirist.

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