Coming, corruption law change to protect officials

To ensure that its officers take decisions without any fear, the Centre proposes to differentiate a ‘corrupt decision’ from an erroneous one.

A senior official said a proposal to amend the Prevention of Corruption Act, 1988 has been approved. It will be taken to the Cabinet before going to Parliament.

The proposal is to amend Section 13 of the Act, which defines what constitutes criminal misconduct by a public servant and specifies penal provisions, including jail of up to seven years.

Based on the UK Bribery Act, 2010, the proposed amendment aims to clarify that every wrong decision is not intentional.

“If a bureaucrat is not taking a decision fearing that if it ends up being erroneous he will have to face criminal action, it is not correct,” the official said, adding that such an approach is hurting not just the bureaucracy but also industry.

Earlier, this month, Finance Minister Arun Jaitley said that the present Act was drafted in 1988, before liberalisation.

The language of the Act is deterring a large number of public servants from taking decisions, he said.

The Law Commission has sent its recommendations that in the changed environment the Act requires a re-look, he added.

“A large number of criminal cases — both against industry and decision makers — that have come up in the last few years have disrupted the economic and business environment of the country.

“It clearly indicated that the issue needed to be addressed by looking at the language of the Act,” he said.

On Thursday the Minister of State for Personnel, Public Grievances and Pensions Jitendra Singh informed Rajya Sabha that the Central Bureau of Investigation had registered 74 cases of Prevention of Corruption Act against IAS, IPS and IRS officers during 2012, 2013, 2014 and till March 31, 2015.

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