New anti-graft law comes into force

The central government has decided July 26, 2018, as the date on which the provisions of the Act shall come into force, it said.

“No police officer shall conduct any enquiry or investigation into any offence alleged to have been committed by a public servant under this Act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties, without the previous approval,” the order said.

The Act, however, states that such permission shall not be necessary for cases involving on the spot arrest of a person on the charge of accepting or attempting to accept any undue advantage for himself or for any other person.

This ‘shield’ will be also applicable to retired public servants, according to the Act.

Union Minister Arun Jaitley had recently said that the amendment to the Prevention of Corruption Act will ensure that bonafide actions of public servants are not called into question.

The somewhat loose language of the Act (Prevention of Corruption or PC Act, 1988) enabled investigating agencies to shed their professionalism and follow the investigator’s golden rule- ‘when in doubt, file a charge sheet’, he had said.

“The result was many honest persons were harassed and eventually never convicted. Reputations were ruined and a fear amongst decision makers was created. This witnessed a tendency where civil servants would postpone decision making to their successor rather than take the risk upon themselves,” Jaitley had said.

According to the amended law, any person who gives or promises to give undue advantage to a public servant shall be punishable with imprisonment for a term which may extend to seven years or with fine or with both.

Bribe givers were not covered in any of the domestic legislations to check corruption.

Instances of corruption and provisions to punish the guilty are provided in the 30-yearold Prevention of Corruption Act, 1988. The new law has amended certain provisions of this Act.

However, to protect persons who give bribe under coercion, the Act has provided that “the person so compelled” would have to report the matter to the law enforcement authority or investigative agency within seven days.

For bribe takers, the amended law has increased the punishment to a minimum of three years of imprisonment, which may extend to seven years, besides fine. The Act has included commercial organisation into its ambit also.

“A commercial organisation shall be guilty of an offence and shall be punishable with fine if any person associated with the commercial organisation, gives or promises to give, any undue advantage to a public servant,” it said.

The amended law also sets a two-year deadline to decide on corruption cases, as per the Act. NEW DELHI: Defence Minister Nirmala Sitharaman on Tuesday assured the Army, Navy and the Indian Air Force that their preparedness to deal with security challenges facing the country would be top priority for the government.

In an address at the annual Unified Commanders Conference, she also stressed on the need for greater “synergy” among the three services as well as between them and the ministry of defence.

The conference, an annual forum top commanders of the three forces, also deliberated on a range of issues including counter-terror operations in Jammu and Kashmir, situation along the Sino-india border and developments in India’s maritime neighbourhood, officials said.

In a statement, the defence ministry said Sitharaman complimented the services for their performance and achievements in past year and stressed on the need for greater “synergy and jointmanship” among the services.

“She assured the services that preparedness of the services would be a top priority for the government,” it said.

The three forces have been pressing the government to expedite procurement of various military platforms and weapons as well as to ensure modernisation of the forces in a time-bound manner.

The ministry said a large number of tri-services issues were deliberated thoroughly and solutions to contemporary challenges were provided to facilitate future plans for an integrated robust defence preparedness.