Mohinder Verma
JAMMU, Jan 22: As the ways and means of corruption have changed with the spread and outreach of the administration, the State Government has decided to overhaul the existing anti-corruption laws and appoint a watchdog for exclusively investigating the charges of corruption and maladministration in the Panchayati Raj Institutions. To achieve this objective, the Government will introduce two significant bills during the Budget Session of State Legislature beginning from next month and approval to these proposed legislations would be given by the State Cabinet, which is meeting under the chairmanship of Chief Minister, Omar Abdullah on January 24, 2014 (Friday) afternoon.
Highly placed official sources told EXCELSIOR that Government has decided to carry out several amendments in the Prevention of Corruption Act, 2006 and make appointment of an Ombudsman for Panchayats and draft bills prepared in this regard by the General Administration and Rural Development and Panchayati Raj Departments will be placed before the State Cabinet on January 24 for its approval for introduction in the State Legislature during the forthcoming Budget Session.
“The amendments in the J&K Prevention of Corruption Act, 2006 are aimed at making the offences cognizable and non-bailable, insertion of new provisions to prevent exercise of personal influence with public servants to show favour or disfavour to any person(s) or to influence the decision making by such public servant or for authorizing payment in respect of contracts, for execution of a work or supply of goods when the work done or goods supplied are not in accordance with the contract”, sources informed.
Stating that punishment of offences under the Act has also been proposed to be enhanced, sources said, ‘several offences, which are presently not covered under the existing Act, will also be brought within the ambit of the amended legislation”. The proposed amendments have been worked out by a High Powered Committee.
“Due to incorporation of the non-bailable provision the proposed amendments will make the Act more stringent”, sources said while disclosing that in the proposed amendment minimum and maximum punishment has been enhanced in order to tighten noose around the habitual offenders. They said that more time limit has been proposed for passing order regarding seizure or attachment of the properties. Even lesser time period has been proposed for filing an appeal from the date of receipt of order of the Special Court in order to make the law more stringent.
It is pertinent to mention here that High Court, in a Public Interest Litigation, had also issued directions for overhauling the anti-corruption laws. For examining and suggesting amendments in the J&K Prevention of Corruption Act, a committee comprising Chief Secretary and four other members was constituted in January 15, 2013 and the Committee decided that the amendments be suggested by the State Vigilance Organisation. In addition, some suggestions were made during the hearing in the PIL.
About the appointment of Ombudsman for Panchayats, sources said, “since the State Government has devolved some of the powers of 14 departments to the Panchayats, the possibility of Panchayats not performing their functions either strictly as per the Panchayati Raj Act or indulging in certain practices detrimental to the public interest cannot be ruled out”.
“There is a need to have an institutional mechanism for the purpose of investigating charges of corruption and maladministration in the Panchayati Raj Institutions so that transparency and accountability is ensured in these institutions”, sources said, adding “the Ombudsman would meet this requirement. The institution of Ombudsman is further important for attracting grants under General Performance Grant of 13th Finance Commission”.
It is pertinent to mention here that the State Government has not been able to assess the performance grant of Rs 363 crore already allotted in absence of the institution of Ombudsman.
According to the sources, the Cabinet will also take decision on Kashmir and Jammu Universities (Amendment) Ordinance prepared by the Higher Education Department and J&K Para-Medical Council Ordinance of Health and Medical Education Department.
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