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Also see : ACB in the News, Corruption ROKO, M-PAC


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Home >> Anti-Corruption >> From ACB Maharashtra



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Anti-Corruption Bureau:
 
Some points to note:
 
1. ACB needs proof.
    - Video even with mobile cameras is quite acceptable.
    - MMS clips i.e. cell phone photos are not acceptable because they can be tampered with.
    - Tape recording is generally ok
    - If shown on TV, that is acceptable.
 
2. How does ACB handle emails that it gets?
    - vague or non-specific ones are generally filed away as they are not actionable
    - specific details are thus needed
 
3. ACB invites suggestions for improving procedures in Government Departments. ACB formally forwards all suggestions received to the concerned Government Department. Emails can be sent to abcmaha@gmail.com with a cc to info@karmayog.com for follow-up under the M-PAC (Mumbai - Pact Against Corruption Program).
 
4. The role of ACB is generally not clear to the public i.e. what ACB can or can't do. 
    ACB can handle only 3 types of cases:
   
    a) Disproportionate Assets (D.P.A.) of a Public Servant
        If you know of any Public Servant who has assets far beyond his / her official income, give specific information regarding
assets such as House/Flat/ Bungalow/ Commercial establishment/ Agricultural land /vehicle, etc. via email or via the form at http://www.acbmaharashtra.org/complaints_assests.asp . Of course, the Public Servant will try to tell ACB that these were obtained via a lottery winnings, or inheritance, or his wife's beauty parlour business, but he will have a tough time substantiating those complaints. Do note that the complainant does NOT have to reveal his/her identity to ACB.
 
    b) Misuse of Public Office (e.g. tender awards based on technical grounds instead of lowest commercial bid, etc.)             However, under a 1972 circular, ACB has no choice but to refer the complaint first to the head of the concerned Government organisation who must conduct an inquiry to see if it was due to some administrative lapse or a corruption case. The fact that the government organisational heads don't report back to ACB and ACB can't do anything about it is another matter.
 
    c) Trapping a bribe-seeker
        ACB works closely with the complainant to trap the concerned public servant. The procedure is straightforward but the identity of the complainant cannot be a secret, either during or after the investigation. Even bribes of small amounts e.g. Rs. 500 are sufficient causes. This has a very salutory effect and so groups must get together and then one individual can work with ACB to set up a trap.

 
5. “public servant” means — (from http://www.acbmaharashtra.org/legal.asp)
(i) any person in the service or pay of the Government or remunerated by the Government by fees or commission for the performance of any public duty;
(ii) any person in the service or pay of a local authority;
(iii) any person in the service or pay of a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the Government or a Government company as defined in Section 617 of the Companies Act, 1956;
(iv) any Judge, including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions;
(v) any person authorized by a court of justice to perform any duty, in connection with the administration of justice, including a liquidator, receiver or commissioner appointed by such court;
(vi) any arbitrator or other person to whom any cause or matter has been referred for decision or report by a court of justice or by a competent public authority;
(vii) any person who holds an office by virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election;
(viii) any person who holds an officer by virtue of which he is authorized or required to perform any public duty;
(ix) any person who is the president, secretary or other office-bearer of a registered co-operative society engaged in agriculture, industry, trade or banking, receiving or having received any financial aid from the Central Government or State Government or from any corporation established by or under a Central, Provincial or State Act, or any authority or body owned or controlled or aided by the Government or a Government company as defined in Section 617 of the Companies Act, 1956;
(x) any person who is a chairman, member or employee of any Service Commission or Board, by whatever name called, or a member of any selection committee appointed by such Commission or Board for the conduct of any examination or making any selection on behalf of such Commission or Board;
(xi) any person who is a Vice-Chancellor or member of any governing body, professor, reader, lecturer or any other teacher or employee, by whatever designation called, of any University and any person whose services have been availed of by a University or any other public authority in connection with holding or conducting examinations;
(xii) any person who is an office-bearer or an employee of an educational, scientific, social, cultural or other institution, in whatever manner established, receiving or having received any financial assistance from the Central Government or any State Government or local or other public authority.

Explanation 1. — Persons falling under any of the above sub-clauses are public servants, whether appointed by the government or not.

Explanation 2. — Wherever the words “public servant” occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.

Email : acbmaha@gmail.com
cc      : mailto:minfo@karmayog.com


Also see : ACB in the News, Corruption ROKO, M-PAC