PIB Feature by: A DHANASEKRAN
It is very appropriate that this year Transparency in public procurement has been chosen as the theme for vigilance awareness week . Integrity in public procurement has to be a priority for any anti- corruption strategy. The recent years witnessed a lot of effort at the national and international level to devising methods and developing tools to mitigate the risk of corruption in public procurement.
As an apex body to promote integrity among the government officials at all levels, the Central Vigilance Commission observe vigilance awareness week every year to seek the support of every one in the fight against corruption. The commission appealed to one and all to be a part of the movement against corruption and thereby realizing the dream of corruption free India. We can realize this long cherished dream only through the transparent public procurement system. Hence, the commission has chosen this theme to involve all the stake holders to evolve such a system without any loop holes for corruption.
To achieve the goal of corruption free India, ensuring integrity, accountability and transparency in public procurement is highly essential, since both Central and State Governments used to spend large portions of their budgets towards public procurement only. For instance, during the year 2008-09, 12 lakh crore was spent by the union government and public enterprises out of the total 47 lakh crores of GDP, which constitutes 28 % of the GDP. The main objective of public procurement is to obtain the services or goods worth for its value. Such value for money can be ensured only through adequate competition and transparency in the entire process of procurement. However, there are many risk factors such as cost of the project, complexity of the technology involved, speed or urgency of the project, discretionary powers of the officials etc. acting as hurdles to achieve the objective.
It has been seen in many corruption cases, as in Common Wealth games 2012, urgency or exceptional circumstances were quoted as reasons to deviate from the laid down procedures. A sound public procurement system comprising broad frame work of laws, organized structure and trained human resources can address such problems. It is very important that the rules should be simple and clear, so that the people can easily understand the delivery process of the system. The complex and ambiguous rules not only complicate the system, but also pave way for corruption at every level.
In India, we have good audit mechanism, media and civil society, besides the vigilance commission to keep watch on the public procurement. But, corrupt practices are still prevalent in the system. To address this issue effectively, the Union Government proposed to bring a legislation on Public procurement. The Union Cabinet already approved the draft Public procurement Bill and soon it would be introduced in the Parliament. Termed as a pet project of UPA Chair person, Smt Sonia Gandhi, the bill has stringent provisions on the lines of UK Bribery act and Foreign Corrupt Practices act of USA to punish the offenders. The draft bill provides for a jail term ranging from 6 months to 5 years to government servants found guilty of corruption, besides debarring the bidders found engaged in corrupted practices.
While welcoming this bill, the Chief Vigilance Commissioner stated that the commission has been interacting with the Ministry of Finance with regard to integrity aspects of the bill. He revealed that the commission also recommended false claim enactment law so as to empower the citizens to fight against corruption. If this law is enacted, any citizen can file a complaint before the authority to seek punishment and recovery of excess money charged by the contractor who delivered lesser than the contracted quantity or quality of goods and services. The Union Government is deliberating on framing this law to strengthen the anti corruption mechanism.
We have often come across the sub standard services provided by the government contractors despite the fact that the contracts awarded at more than the prevailing market rates. For example, the roads or other public works completed by such contractors got damaged within short span of time and again the tender process is initiated by the government agencies to award the contracts again for the same work. As expected by the Commission, the new bill will empower the citizens to prevent the wastage of public money on substandard works or services.
The Vigilance commission also expressed concern over the lack of knowledge or training among the executives or bureaucrats on the public procurement procedures, which often quoted as reason for the exploitation of the system by the private contractors, though the officials involved are not corrupted. For instance, certain construction works were carried out in a government office at Port Blair and the roofs started leaking soon after the completion of works, but the concerned officials failed to take any action against the contractor or the said agency responsible for awarding the contract, probably due to their lack of knowledge in the procedures to be initiated against the offenders. Hence, as suggested by the commission the officials involved in public procurement should be imparted proper training in all the relevant procedures and correction mechanism to hold the contractors responsible for any defects in the services rendered or works carried out within the prescribed period.
The commission also recommended to the government to formulate comprehensive standards to guide the public procurement. The Commission also felt that its role is misunderstood as a nodal agency for the public procurement and often it received requests from the government agencies to guide them on certain issues of procurement. But, its role is to function as an anti corruption watch dog only, and not as a guiding agency for public procurement. Hence, the commission viewed that a nodal agency for regulating the public procurement policy is highly essential to ensure transparency and accountability in the system. It also made the recommendation to the government in this direction.
It is a highly welcome step that the e tenders and e payment system were introduced by the government some times back. Now, all the tender notices are uploaded in the government website to generate more competition and give fair chance to all eligible bidders, besides ensuring better quality services in cost effective manner. In addition, the land mark Right to Education act had gone a long way in ensuring the much needed transparency in the system.
Another most important action by the government as part of its anti corruption measures is that the whistle blower resolution, called as public information disclosure and protection of informer resolution was passed in 2004. According to the resolution, any body making complaint against the malpractices in the government machinery will be given fool proof protection by the vigilance commission. The commission will keep the identity of the whistle blower secret and give all forms of protection to him in the event of accidental disclosure of his identity at any stage.
The measures taken by the government to uproot the evils of corruption from our system can not be effective without the active role by the people at grass root level. Hence, every citizen of the country should perform their due role to put an end to corruption in our system to pave way for sustainable growth of our country.
It is highly appreciable that the Central Board of Secondary Education, commonly known as CBSE took a lead in this direction and planned to involve all the students in the campaign against corruption. This time, the CBSE launched an awareness campaign on corruption to sensitize the students on this core issue during the vigilance awareness week. Various activities such as posters and banners on anti corruption, essay/slogan writing, debates, elocution contests on related topics will be held during the week to enlighten the students on the issue and make them active participants in the nation wide campaign against corruption. Various topics such as RTI and Transparency in public procurement, The role of media in bringing pubic awareness against corruption, consumer rights and its importance etc. will be covered extensively during the week.
The commission already directed all the government departments to conduct debates, elocutions, essay writing, work shops, seminars etc. for the public servants during the vigilance awareness week starting from 29th of this month, besides requesting the non governmental agencies and service associations to take active part in the campaign. It has also been planned to display banners, posters etc. in front of the offices and vantage locations. Besides, all the government employees will take anti corruption pledge on 29th October.
It is hoped that in the near future, a fool proof system will be evolved against corruption incorporating with all the components as recommended by the commission. On the occasion of this vigilance awareness week, every one should be committed to combat corruption at all levels. As said by the Chief Vigilance Commissioner, the Commission will support all the initiatives taken by the civil societies, media, NGOs or the general public to fight against corruption.