Hi Friends,

Even as I launch this today ( my 80th Birthday ), I realize that there is yet so much to say and do. There is just no time to look back, no time to wonder,"Will anyone read these pages?"

With regards,
Hemen Parekh
27 June 2013

Now as I approach my 90th birthday ( 27 June 2023 ) , I invite you to visit my Digital Avatar ( www.hemenparekh.ai ) – and continue chatting with me , even when I am no more here physically

Sunday, 12 August 2018

Prevention of Corruption Act : Amended





Economic Times ( 25 July ) carries following news :







Extract :



*   The contentious Section 19 of the old Act now stands amended saying criminal misconduct means “intentional illicit enrichment” and possession of “disproportionate assets” —essentially makes 'mens rea' ( presence of intention and enrichment ) an essential prerequisite to prove corruption.

 

*  A new Section 17A has been added which says no inquiry will done without “previous approval” of government if the serving or retired official took a decision or made a recommendation in discharge of his official duties or duties.  PC Act amendment is a landmark decision. 



*  A public servant can now take bona fide decision without any fear.


Earlier, even if no pecuniary benefit is received by a public servant, he / she could still be penalised. This is a game changer as only malafide decisions would now be punished. 





Shri Amitabh Kant [  CEO , NITI Aayog  ] says in a tweet :



Gr8 step forward to enable public servants to act boldly, take risks in national interest & drive development in a bona fide manner.



This was long overdue. Greatly appreciate Government ‘s initiative to provide protection to honest officers.



The abuse of PC Act Section 13( 1) (d) ( iii ) had hurt many well intentioned public servants whose decisions granting relief to any private person were questioned even if there was no pecuniary advantage. Insertion of new Section17A brings in a much needed layer of due diligence






This is indeed a very good step , which begs the question :



“How will bureaucrats prove that their decisions were “bona fide“ and  not “mala fide“ ?



There is only one way



By implementing what I suggested in my following email ( dated 20 June 2014 ) sent to the Cabinet Ministers  :





To err is human


To forgive is divine ( provided it was a
honest error )


All of us keep making errors , all the time


But rarely same " mistake " twice


Often , decisions taken at a point of time , turn out to be " poor " , with passage of time


Reasons are simple :


*  
We never have all the information - relevant to the problem we are trying to solve –
    available with us , at the time of taking a decision


*  
Even when most of such relevant info is available , we may not have the capacity /
   competence to " process " such info


*  
As humans , we have our biases / prejudices , based on our previous experiences ,
   which influence our decisions


*  Quite often , and often against our own better evaluation / judgement of a given
    situation , we are wrongly influenced by our peers / bosses / subordinates or even
    voters - all of whom have different expectations / vested interests !


*  
Additional - and more relevant - information surfaces , AFTER we have taken a
    decision ( happens all the time  !  )


To encourage Babus and Ministers to take FAST decisions , Shri Narendra Modi must insist that they carefully " Record " on the files :


*   
What info / data he wished was available for a better decision


*   
What different " views / opinions " were presented to him for consideration


*   
What " Data / Views " he would have obtained if he had more time


*   
Who all , the decision might offend


*   
What is the likely " Cost " of postponing that decision


And finally a declaration :


*   
THIS DECISION IS NOT LIKELY TO BENEFIT ANY OF MY NEAR RELATIVES / FRIENDS
    , DIRECTLY OR  IMMEDIATELY
 
    

After all of this, if the decision appears to be " wrong " in hindsight , it must be " forgiven " and treated as an honest error


To err is human  !


======================================================



As far as the mechanism is concerned , I suggest the following :


·         Law Ministry to launch a web site which is only accessible to specified government officers



·         This web site will carry a “ DECISION ANALYSIS  cum  DECLARATION “ form




·         The form need not wait entry only when a decision is taken . It can be filled up progressively , over a period of time , leading up to the point of decision



·         Officers taking decisions will fill up this form online as suggested above




·         As time passes , concerned officer can ADD further data / comments to the form but cannot EDIT what he has already entered



·         Form can be “ accessed “ at any time by his superiors



·         Upon a formal request by any investigating agency , concerned Minister may grant “ Access “ to the form to that agency


=======================================================




13  Aug  2018



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