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Sunday, November 7, 2010

Applicability of General Financial Rules to autonomous bodies

CIC decision on administrative matter in CSIR


New Initiatives taken by the CVC

1.    National Anticorruption Strategy
The Central Vigilance Commission has taken the initiative of formulating a National Anticorruption Strategy which would serve as a concerted and coordinated approach to fighting corruption in India.  The strategy recognises that corruption cannot be reduced by mere governmental action unless the citizens and private business entities refrain from indulging in corrupt practices.  Corruption is a form of human behaviour which is reflective of the  decline in professional ethics and social values.  Anticorruption efforts over the last five decades were largely focussed on the demand side of corruption ignoring the equally culpable supply side.  The proposed strategy therefore prescribes a participative and holistic approach to address corruption from all sides.  The draft strategy has been forwarded to the government and all other stakeholders for their comments and suggestions.  After obtaining the response and endorsement of the stakeholders, the final strategy would be recommended for adoption.
2.    Leveraging Technology to Prevent Corruption
Corruption in the delivery of public services occurs due to the exercise of discretionary powers and the need for the citizens to approach public officials.  Therefore the use of technology and e-governance to minimise discretion and human intervention is the most effective means of preventing corruption in the delivery of public services which effects the ordinary citizens the most.  The Commission had therefore adopted the strategy of “Leveraging Technology to Prevent Corruption” since 2004, wherein organisations are persuaded to adopt e-governance measures and computerise on priority all those activities which are vulnerable to corruption.  The progress of various organisations in this regard has not been very assuring.  The commission proposes to recommend to the government to adopt a mission mode approach towards computerising all delivery of public services.
3.    Integrity in Public procurement
Public procurement being the government activity most vulnerable to corruption,  has been a priority concern of the commission.  The commission has adopted the following measures to mitigate corruption in public procurement:
a.         Issuing guidelines to promote integrity in public procurement.
         b.      Persuading organisations to adopt e-procurement.
c.         Since 2007, Commission has been promoting the concept of Integrity Pact developed by the Transparency International. It involves the signing of a pact between the procuring organisation and the bidders that they will not indulge in corrupt practices in the tendering, award and the execution of the contract. Only those bidders who sign the pact can participate in the bidding process. An independent external monitor is nominated by the commission to monitor the adherence to the pact by the two sides.  More than 50 organisations including the ministries conducting major procurements have adopted the Integrity Pact so far and the experience has been satisfactory.
4.    Awareness Campaign
The Commission has initiated a project to create awareness and educate the public on anti-corruption. The aim is to reduce people’s tolerance for corruption and reduce its social acceptability. Media agencies are being engaged to create the campaign in the electronic and print media besides various outreach activities. The campaign is slated to start from January, 2011.
5.    Provision for Whistle Blowers
The provision for whistle blowers and their protection is already in place since 2004 under the Public Interest Disclosure & Protection of Informers’ Resolution (PIDPIR) wherein CVC is the designated authority to handle the “whistle blower complaints” and provide protection to the “whistle blowers”. Commission has been paying especial attention to complaints received under this Resolution to investigate them in a time bound manner with due protection to the complainants. A bill has been initiated in the Parliament to convert the Resolution into an Act which would further empower the CVC in protecting the whistleblowers.
6.    Improving the Standard of Vigilance Work
To make the work of vigilance more objective and scientific the Commission is developing and adopting various standards to regulate vigilance investigations and reporting.  While the reporting standard was adopted in August, 2009, a standard procedure for conduct of vigilance investigation has been developed and would be adopted shortly. 
7.    Computerisation of Commission’s Work
A project for workflow automation and IT enabling of the functioning of the Commission has been completed on 31st August, 2010 and is in the process of full roll out.  The project is targeted to be fully operational by November, 2010. This would enhance the efficiency of the Commission  in handling complaints and processing of investigation reports. 
8.    Modern Preventive Vigilance Framework
Anti-corruption efforts consist of a two pronged approach – punitive and preventive. While the vigilance efforts so far were largely punitive and reactive, Commission is now focussing on prevention which is a more efficient and effective means of checking corruption.  Much of the prevailing preventive vigilance practices were developed in the 1970s which need to be reviewed in the present day context. A new preventive vigilance framework is being developed by the Commission which aims at aligning the vigilance work with the modern day approach of risk management and corporate governance. Standing Conference Of Public Enterprise (SCOPE) has been assigned the task of developing a new framework on pilot basis.
9.    International Cooperation
The Commission gives due importance to international cooperation in anti-corruption which also helps in exchange of best global practices as well as capacity building of the personnel involved in anti-corruption work.  The important developments pertaining to international cooperation are listed below:
a.         Though India  had   signed   the   United Nations    Convention against Corruption in 2005, it has not been ratified till date. The CVC had  recommended the ratification of the Convention.
b.         As a result of the interaction between the Commission and the Anti-Corruption Division of the Organisation for Economic Cooperation and Development (OECD),  India has been granted the ‘Observer’ status in the Anti-Bribery Working Group of OECD. The Commission is in the process of studying the implications of the Convention for India.
c.         The Central Vigilance Commissioner of India has been a member of the Executive Board of International Association of Anti Corruption Agencies (IAACA) since 2007.
d.         The anti-corruption commissions of various countries and multilateral anti-corruption bodies have shown keen interest in the working of the Commission.

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Protection of Women against Sexual Harassment at Workplace Bill, 2010

The Union Cabinet  approved the introduction of the Protection of Women against Sexual Harassment at Workplace Bill, 2010 in the Parliament to ensure a safe environment for women at work places, both in public and private sectors whether organised or unorganized. The measure will help in achieving gender empowerment and equality.

The proposed Bill, if enacted, will ensure that women are protected against sexual harassment at all the work places, be it in public or private. This will contribute to realisation of their right to gender equality, life and liberty and equality in working conditions everywhere. The sense of security at the workplace will improve women's participation in work, resulting in their economic empowerment and inclusive growth.

Salient features of the Bill are as follows:

• The Bill proposes a definition of sexual harassment, which is as laid down by the Hon'ble Supreme Court in Vishaka v. State of Rajasthan (1997). Additionally it recognises the promise or threat to a woman's employment prospects or creation of hostile work environment as 'sexual harassment' at workplace and expressly seeks to prohibit such acts.

• The Bill provides protection not only to women who are employed but also to any woman who enters the workplace as a client, customer, apprentice, and daily wageworker or in ad-hoc capacity. Students, research scholars in colleges/university and patients in hospitals have also been covered. Further, the Bill seeks to cover workplaces in the unorganised sectors.

• The Bill provides for an effective complaints and redressal mechanism. Under the proposed Bill, every employer is required to constitute an Internal Complaints Committee. Since a large number of the establishments (41.2 million out of 41.83 million as per Economic Census, 2005) in our country have less than 10 workers for whom it may not be feasible to set up an Internal Complaints Committee (ICC), the Bill provides for setting up of Local Complaints Committee (LCC) to be constituted by the designated District Officer at the district or sub-district levels, depending upon the need. This twin mechanism would ensure that women in any workplace, irrespective of its size or nature, have access to a redressal mechanism. The LCCs will enquire into the complaints of sexual harassment and recommend action to the employer or District Officer.

• Employers who fail to comply with the provisions of the proposed Bill will be punishable with a fine which may extend to ` 50,000.

• Since there is a possibility that during the pendency of the enquiry the woman may be subject to threat and aggression, she has been given the option to seek interim relief in the form of transfer either of her own or the respondent or seek leave from work.

• The Complaint Committees are required to complete the enquiry within 90 days and a period of 60 days has been given to the employer/District Officer for implementation of the recommendations of the Committee.

• The Bill provides for safeguards in case of false or malicious complaint of sexual harassment. However, mere inability to substantiate the complaint or provide adequate proof would not make the complainant liable for punishment.

Implementation of the Bill will be the responsibility of the Central Government in case of its own undertakings/establishments and of the State Governments in respect of every workplace established, owned, controlled or wholly or substantially financed by it as well as of private sector establishments falling within their territory. Besides, the State and Central Governments will oversee implementation as the proposed Bill casts a duty on the Employers to include a Report on the number of cases filed and disposed of in their Annual Report. Organizations, which do not prepare Annual Reports, would forward this information to the District Officer.

Through this implementation mechanism, every employer has the primary duty to implement the provisions of law within his/her establishment while the State and Central Governments have been made responsible for overseeing and ensuring overall implementation of the law. The Governments will also be responsible for maintaining data on the implementation of the Law. In this manner, the proposed Bill will create an elaborate system of reporting and checks and balances, which will result in effective implementation of the Law. 
 
Courtesy : PIB

Free Mobile Connection for BSNL Landline Customers free Home Calling Facility from Mobile

BSNL launched a Unique plan “PYARI JODI” combining Landline and Mobile Services of Bharat Sanchar Nigam Limited (BSNL), on the auspicious occasion of Diwali.
The landline customers of BSNL can now take a free SIM card and can make unlimited free local calls to his/her landline/WLL number. In addition, the customers can also call two BSNL Local numbers at a reduced rate of 20p per minute and one BSNL number anywhere in India at a reduced rate of 30p per minute, without paying any additional monthly charges. On activation, customer will also get Rs.15 talk value, 1000 Local SMS, 1000 National SMS and 1000 MB data free.  
BSNL also launched special festive offers for BSNL 3G customers wherein all new 3G activation will get one week unlimited data download free in addition to normal freebies.

Electronic Funds Transfer Infrastructure in India – Usage of RTGS and NEFT

RBI/2010-11/259
DPSS (CO) RTGS No.1008/04.04.002/2010-2011

November 03, 2010
Chairman and Managing Director /
Chief Executive Officer of all banks participating in RTGS and NEFT
Madam / Dear Sir,
Electronic Funds Transfer Infrastructure in India – Usage of RTGS and NEFT
Please refer to our earlier circulars DPSS (CO) RTGS No. 729/04.04.002/2006 – 2007 dated December 1, 2006 (introducing the threshold value limit for customer transactions in RTGS to Rs 1 lakh) and DPSS (CO) No. 611 / 03.01.03 (P) / 2008 – 09 dated October 8, 2008 (levy of service charges for electronic payment products).
2. The Indian RTGS system has displayed tremendous growth in both transactions volume and the values that it has been processing since its inception in March, 2004. With the increasing number of electronic payment transactions, it has become expedient to position the Indian RTGS system primarily for processing and settling large value payment orders. Further, RBI has set up a robust retail electronic funds transfer system in the form of National Electronic Funds Transfer (NEFT) system, with near real-time settlement finality with 11 settlement cycles in a day.
3. It has, therefore, been decided in consultation with system participants to increase the threshold value limit for RTGS transactions from the present limit of ` 1 lakh to ` 2 lakhs. As an incentive to customers to move their transactions to NEFT, a new value band in the ` 1 lakh to ` 2 lakh segment has been created, with customers having to pay lower charges vis-à-vis RTGS transactions. The details of the existing service charges and the revised service charges are given below :
System
Value Band
Customer Charges
RTGS
Existing
Revised
` 1 lakh to ` 2 lakhs
` 25
-
above ` 2 lakhs to ` 5 lakhs
` 25
` 25
above ` 5 lakhs
` 50
` 50
NEFT up to ` 1 lakh
` 5
` 5
above ` 1 lakh to ` 2 lakhs
` 25
`15
above ` 2 lakhs
` 25
` 25
4. The service charges in the value band ` 1 lakh to ` 2 lakhs at ` 15/- per transaction in NEFT, effectively provides a saving of ` 10/- per transaction to the customer. Thus, the special niche value band created in NEFT, is a value proposition for customers providing funds transfer in a timely manner with wider geographical coverage at a lesser cost. This measure would also significantly contribute to further improving the efficiency of the RTGS system.
5. The revised threshold limits for customer transactions in RTGS system and revised NEFT service charges will be implemented with effect from November 15, 2010.
6. All member banks are advised to encourage customers to take advantage of this facility.
Please acknowledge receipt.
Yours faithfully,
(G. Padmanabhan)
Chief General Manager