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Hemant K Batra is a ardent speaker and writer on diverse topics of public importance be it legal, social, political or economic. By profession, he is a Strategist Business, Corporate & Commercial Lawyer, whose practice is concentrated across the Globe in general, specifically in India/South-Asia.

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Posted on : December 19, 2009
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Part 3: Anti-Corruption Compliance and Enforcement Issues In India
By Hemant K Batra
GOVERNMENT STRATEGIES
Every year a "Vigilance Awareness Week" is observed by public authorities to make people and stakeholders in general aware of the new anti-corruption measures/systems, which have been put in place within the organization. Independency of civil servants is sought assured by various initiatives, such, among others, the rotation every two/three years of senior officials in sensitive positions; the prohibition for civil servants to accept gift/lavish hospitality by companies with which they are having official dealings unless the government has given its approval. Some of the initiatives taken by government to combat the menace of corruption are:
Positive Impact of E-Governance: A wide range of public services have been digitized, which has considerably increased the speed of government services and removed some of the possibilities for demanding bribes. It has brought about a tremendous amount of transparency in the process of administration. Obtaining licences, permits, official documents, paying taxes, clearing goods and incorporation of companies and dealing with the Registrar of Companies are some of the services that have been digitized. The Government of India has created the National Portal of India which lists all these services and thus serves as an ideal entry point for companies wishing to do business in India. The customs service is increasingly integrated into the e-governance project of the Government of India. Under the e-governance project, many possibilities for extraction of bribes related to trade across borders have been removed. Homepage of the Central Board of Excise and Customs contains information on e-payment, which also contains information on how to complain about corrupt officials. The business section of the National Portal of India is also useful when seeking information on trading across borders.
Transparency In Public Procurement: Corruption in public procurement has been a major challenge for companies entering or operating in the Indian market. Many measures have been taken in order to make the Indian procurement system more transparent and efficient, but companies should be aware that states have their own specific procurement laws and regulations. Information on tenders is available online through the Indian Government Tenders Information System, which is the main source for government and public sector procurement. This comprehensive portal contains links to central and state tenders as well as tenders by public sector units. All major public authorities are also required to publish on their website a monthly update of all their contracts/purchases above a certain value threshold. Some states, such as Andhra Pradesh, have their own online tender information system. Each state has its own financial rules based on the broad principles of the General Financial Rules which govern procurement by all government agencies of the central government. The absence of a central law or state act in public procurement means that each ministry, department, agency, local body, and state enterprise is free to devise its own rules for public procurement and contracting as long as they follow the basic rules of the open tender system. This decentralization also means that any procuring authority may develop its own 'blacklists' of companies that have been shown to have violated tender procedures, as long as the established procedures laid down for blacklisting, banning and suspension of companies are followed. Companies should report allegations of corruption or any kind of misuse of office by any employee of the central government to the Central Vigilance Commission. Complaints of corruption by state officials should be directed to the respective anti-corruption bureaus at state level, which can be found by entering the homepages of state governments.
Adoption Of Whistle-Blower Policy: The Government of India has notified a “whistle-blower” policy in respect of corruption or misuse of office by public officials. The Central Vigilance Commission (CVC) is the designated agency to receive complaints for disclosure on any allegation of corruption or misuse of office and is empowered to recommend appropriate action. The CVC has adopted the relevant Bureau of Indian Standards (BIS) standard for its complaint handling policy. The objective of the complaint handling policy of the CVC, as specified in the BIS Manual, is to ensure timely and satisfactory redress of every complaint. In accordance with these standards, the complaint handling process is to be audited each year by an auditor nominated by the CVC. In addition, the standards require that the auditor’s observations be taken into consideration by the management review committee for necessary corrective action. Further, protection has also been accorded to the whistle-blower that in case, he is victimized due to the fact that he had filed a complaint or disclosure, he may file an application before the CVC seeking redress in the matter, wherein the CVC may give suitable directions to the concerned person or the authority after inquiry into the matter. Furthermore, the CVC can now take action against anyone who leaks names of whistleblowers and witnesses and can request police assistance to investigate complaints. Moreover, Central Bureau of Investigation online whistleblower/complaints mechanism guarantees the protection of whistleblowers when they report corruption.
 
………………………………… to be continued
Posted By: Hemant K Batra under
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