In this article, Sirmaur Sudhakar from KIIT School Of Law discusses about How can PWD Corruption be reduced in India?
How can PWD Corruption be reduced in India?
The modes of corruption are numerous. As a result getting any service from the government requires the fulfillment of procedures and formalities which take a lot of time, sometimes officials also cause delay to charge some bribe or ‘speed money’. Another form of corruption is in the of liaison men who cultivate close relations with senior officers who are in a position to influence the government policies in their favour and in return to get benefits in the form of cash or kind, sometimes private companies offer jobs to retired officials, contracts of construction, purchases, sales, etc. are well-known forms of providing benefits for consideration of money. We can also told the second meaning of corruption is BRIBE because all the work are done under the table because of corruption. PWD corruption list is very lengthy because in each and every corner there a person who is corrupt. The most corrupt job in India are PWD Jobs and Most corrupt departments of india are belongs from PWD. The Question arises here How to reduce corruption? Read Below
There Are Many Department and Laws which deals with Corruption:-
- Anti Bribery Act
The CPWD came in July, 1854. The same year Ajmer Provincial Division was set up and a central agency for execution for execution of public works was established by Lord Dalhousie. It has been serving the nation for last 162 years through the professional expertise in disciplines including Architecture, Engineering. Project Management coupled with comprehensive experience in building construction and maintenance. It is a central government owned authority in charge of public sector works.
It is headed by the Director General(DG) who is also the Principal Technical Advisor to the Government of India. The present DG is Mr. Abhai Sinha. The regions are headed by Special DG’s and sub-regions are headed by Additional DG’s, while the zones in all state capitals (excluding a few) are headed by Chief Engineers. The CPWD is under the Ministry of Urban Development.
Whether it be the construction of complex projects in difficult terrain and maintenance in post construction stage the Cpwd has stood all the time. In the construction of stadiums and other infrastructure requirements for Asian Games 1982 and Commonwealth Games 2010 the CPWD has been involved.
Passion and enthusiasm of CPWD officers have taken the organization beyond national boundaries.
What are the units in CPWD?
There are a number of specialized units under the CPWD to achieve excellence in its operation. These focus on specific areas of operations and develop specialized expertise in the respective fields.The units and their sub-units are:
Central Designs Organization
- Repairs and Rehabilitation
- Technology Application and Development Cell
- Computer Cell
- Central Laboratory
Contracts Standards and Quality Assurance
- Contracts and Manual Unit
- Standards and Specifications
- Techno-legal cell
- Quality Assurance Wing
- Landscape Horticulture Unit
- Architectural Documentation Center
There are three cadres in CPWD:
1) CAS (Central Architecture Services)
2) CES (Central Engineering Services) for Civil Engineers
3) CEMES (Central Electrical and Mechanical Engineering Services)
These belong to Group A Civil Services. The recruitment is also made through Architecture
Services Examination and Engineering Services Examination conducted by UPSC.
- Sound Planning and Design
- Engineered construction
- Effective Maintenance
- Benchmarking the standards
- Capacity Building
- Public Private Partnership
- Manpower Planning
- Transparency in Management
There are State Public Works Department for different states.
As it is not possible to discuss all the state public works department so some of the State Public
Work Departments discussed here are:-
Madhya Pradesh Public Works Department
The two premier agency of Government of Madhya Pradesh engaged in Planning, Designing, Construction and Maintenance of Government assets like Roads, Bridges, ROB’s, Fly-Overs and Buildings is Public Works Department (B&R) and Project Implementation Unit (PWD PIU).
The total length of Road network in PWD is about 61,616.00 km in Madhya Pradesh.
To inject innovative technology in the Construction and Maintenance of road network. To train a team of their Engineers to adopt the latest technology.
Improvement of Road geometrics and safety provisions. To replace existing level crossings by Road over bridges.
To provide sustainable development of Road network in the State.
To provide an adequate and efficient Road system encompassing all transportation needs so as to ensure a smooth and uninterrupted flow of goods and passengers traffic both within the state as well as on interstate routes.
West Bengal Public Works Department
The Public Works and Public Works (Roads) Department under the PWD are presently charged with the planning, survey, design, construction and maintenance of Roads, Bridges and Buildings throughout the state as well as having various responsibilities for emergency and relief activities.
Besides construction of buildings/structures, bridges, roads including both national and state highways, they also carry out works relates to electrification, sanitary plumbing, air-conditioning etc. The Department (PWD) is headed by the Minister-In-Charge.
To extend the economical activities of the whole state.
Create wealth through improvement in the transportation system.
Alleviate poverty through the construction of various bridges, roads, and public buildings along with extending support for improvement of transportation services.
Department also has to undertake responsibilities in the social area, with the allotted sum, the department in the changed scenario is geared up to undertake any responsibility for the development and progress of the state.
Issues and Problems:-
Poor career prospects of officers and staff
Over the years, it has been seen that stagnation has crept in practically all the grades of the
CPWD and State PWD and the officers in the department lag behind, in terms of promotion,their counterparts in other services. The stagnation in the grades leads to heartburn and disgruntlement amongst the officers and staffs.
No approval accorded
It provides the competent authority an opportunity to take the decision regarding the scope of work, specifications, and cost involved. Otherwise, there is a likelihood of misuse of the powers by the subordinates.
Inflated provisions in the P.E.
It has been seen that exaggerate provisions are incorporated in the preliminary estimate and the margin thus available is misused for nonessential works also for awarding the work at higher rates to the contractor.
Major changes made during execution
The executing authorities change the scope and specifications to give undue benefit to the contractor by allowing him to execute the items at higher rates. Along with high rates, the contractor gets additional work without competition.
Funds allotted to one head is spent on another
Diverting of funds from approved works to the works that have not been approved by the competent authority. Lack of financial discipline in this case.
Detailed Estimate and Technical Sanction
Complete details should be prepared for each work regarding the schedule of all items, quantities, rate cost, drawings specifications, rate analysis, measurement details. Also, the technical sanction of competent authority should be obtained. It ensures that the proposal is structurally sound. No details and reference to drawings for quantities adopted results in the arbitrary adoption of quantities in the estimate. This can be a source of corruption during execution to extend the undue benefit to the contractor.
Consultants are appointed arbitrarily without transparent manner in a few Government departments. The contract is given arbitrarily to one of the firms at higher fee without proper publicity and competition. Many times punitive action against the consultants is not taken even though they fail to perform the required services. This leads to project delaying and indirect loss in terms of payment of escalation to the contractor.
Preparation of Tender Document
Documents prepared by the consultants are issued to the contractors without scrutiny and approval by the competent authority of the department. These contain conflicting, vague and ambiguous provisions resulting in disputes, delays and financial losses.
Inviting and opening of Tenders
In certain cases the Tenders were published in newspapers having hardly any circulation, restricted tenders are invited by some corrupt officials for the “Bribe Money”. In some cases, the bribe money is paid well before invitation of tenders.
There are also flaws in the Tender scrutiny and award of works, works agreement, Payment to contractors, site records and quality in construction.
The year 2013 ACB records say that eight PWD officials were under the scanner for owning disproportionate assets worth a total of Rs 17. 87 crore. ACB sources said these eight officials had been caught following complaints filed against them by civilians; in some cases, an inquiry was initiated after they were arrested for taking bribes. After all the complaints were verified, the officials were booked for owning assets disproportionate to their salaries.
How can corruption in PWD be reduced in India?
There are a few ways by which the corruption in PWD can be reduced in India:
- By creating awareness among the people regarding the anti-corruption bodies like
Lokpal, Lokayukta, Vigilance Commission, CBI etc,;
- widespread publicity of dismissals and removals and compulsory retirement of corrupt officers; ban on government servants accepting private, commercial and industrial employment for a period of two years after retirement;
- simple laws and administrative procedures;
- better paid but rigidly supervised officials;
Payment/Wages paid to the public officials should be increased as the expense is also increasing. The reason behind increment in the wage is to keep them away from
indulging into illegal activities. Officers can be supervised by keeping record of their work, getting feedback from the general public who come to office, installing cameras in the office etc.
- stricter and quicker punishment for the improper use of public authority;
- people’s initiative relating to some reform.
Public interest litigation is the most effective manifestation of such initiatives;
- by increasing direct contact between government and governed, through E-governance.
This process will remove the role of any mediator. This is also an era of technology so it would be better if more focus is given to tech savvy processes as it will also save the time and will leave no scope for corruption.
Composition of Lokpal
The institution of Lokpal is a statutory body without any constitutional backing.
Lokpal is a multimember body, made up of one chairperson and maximum of 8 members.
It conducts the preliminary inquiry into any offense alleged to have been committed by a public servant punishable under the Prevention of Corruption Act, 1988.
Jurisdiction of Lokpal:
Group ‘A’ or Group ‘B’ officers and Group ‘C’ or Group ‘D’ officials
Any person who is or has been in-charge (director/manager/secretary) of anybody/society set up by central act or any other body financed/controlled by central government.
Any other person involved in act of abetting, bribe giving or bribe taking
Some important powers of Lokpal
Lokpal has the powers of confiscate the assets, proceeds, receipts and benefits raised or procured by means of corruption in special circumstances.
The power to recommend transfer or suspension of public servant who are in connection with allegation of corruption.
Any complaint would not be entertained if the complaint is related to an offense that dates as back as 7 years or more.
It is an anti-corruption authority constituted at the state level which investigates allegations of corruption and mal-administration against public servant.
The public members can directly approach the Lokayukta with complaints regarding corruption, nepotism or any other form of mal-administration against any government official.
The Bureau was established on January 2, 1961, and fnctions directly under the control of the General Administration Department of Andhra Pradesh Government. The Director General, who is a senior IPS officer of the rank of DGP, heads the Bureau. The ACB is a specialized agency tackling the problem of corruption in various departments of the Government against Public Servants and also Private Persons whoever abet the offenses under the Prevention of Corruption Act, 1988. Also, the Bureau conducts inquiries on the basis of the information received from various agencies like Government, Vigilance Commission, Lokayukta etc.
Every state has its own anti-corruption bureau and their jurisdiction is restricted to the state and they can only accept complaints against state government employees.
Public servant taking gratification other than legal remuneration in respect of an official act.
The Hon’ble Justice Ranganath Mishra has observed certain important ingredients in the case of
R.S.Nayak v. A.R.Antulay and another to constitute an offence under Section 7. They are
 that the accused was a public servant;
 that he must be shown to have obtained or attempted to obtain from any person any gratification other than legal remuneration and
 that the gratification should be as a motive or reward for doing or forbearing to do, in the exercise of his official function, favour or disfavour to any person.
It is immaterial whether amount is received before or after the favour is done’
The section does not require that the public servant must; in fact. be in a position to do the official act, favour or service at the time of the demand or receipt of the gratification.
To constitute an offence under this section, it is enough if-
[a] the public servant who accepts the gratification, takes it by inducing a belief or hold out that he would render assistance to the giver with any other public servant, and
[b] the giver gives the gratification under that belief.
It is further immaterial if the public servant receiving the gratification does not intend to do the official act favour or forbearance which he holds himself out as capable of doing.
Penalty under Section 7
The person shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and shall also be liable to fine.
Taking gratification, in order, by corrupt or illegal means, to influence public servant
This section says that any gratification taken by a person to induce a public servant for corrupt or illegal means whether the person has succeeded or not in inducing, shall be punishable with imprisonment of not less than 3 years but which may extend to seven years and fine too.
The accused should have the intent at the time he receives the gratification for inducing the public servant.
Public servant obtaining valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant
Main ingredients of section 11 was interpreted by Hon’ble Justice Rangnath Misra in the case of
R.S.Nayak v A.R.Antulay. They are;
 that the accused was a public servant.
 that he accepted or obtained or agreed to accept or obtain a valuable thing without consideration or for an inadequate consideration knowing it to be inadequate;
 that the person giving the thing must be a person concerned of interested in or related to the person concerned in any proceeding or business transacted or about to be transacted by the
government servant or having any connection with the official functions of himself or of any public servant to whom he is subordinate; and
 the accused must have knowledge that the person giving the thing is so concerned or interested or related”
Penalty under section 11
He/She shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and shall also be liable to fine.
How and where to complain for corruption?
If the complaint is being made to the Anti-Corruption Bureau
- A complaint to the nearby Dy.Superintendent of Police/Inspector of Police, or the senior officers at the Head Office of ACB at Hyderabad can be made by any person.
- As far as possible, the complaint should be a written one in any of the languages known to the complainant.
- Any stamp fees or any other payment is not required for making a complaint.
- In case the complainant is illiterate, he can get his complaint written by a scribe, whose name and address should also be written at the end of the complaint, and the scribe should also certify in writing that the contents were read over and explained to the complainant and found to be correct.
- The complainant’s left thumb impression should be affixed at the end.
- If the complainant is literate, his signatures should be taken at the end of the complaint.
- No actions are taken over anonymous and pseudonymous complaints. However, if they contain verifiable and specific allegations, they may be investigated into.
- Written complaints/information can also be sent by mail/email, preferably by registered post. The officers of ACB can also be contacted by telephone.
The telephone numbers are as follows:
Tollfree No.: 1064
Tel : (+91 0866) 2428770, and Cell No.7382625589
Complaints/Information can now also be sent by e-mail [email protected]
In case the complaint is being made to the Chief vigilance commission
The complaints can be sent by post to the Commission but have to be signed and should contain the name and address of the complainant.
Procedure to lodge a complaint through e-mail
Complaints are invited through e-mail also. If one wants to lodge a complaint against any public servant who fall within the jurisdiction of the Commission, all he/she has to do is to fill in the following information at the following E-mail address:[email protected]
Name of officer against whom complaint is being lodged
Designation/Post held of officer against whom complaint is being lodged
Organisation/Department of officer against whom complaint is being lodged
Details of allegations/misconduct/corrupt act of the officer against whom complaint is being lodged
Name and address of the complainant
Bonus For you People: If you want to get updated please visit My News Fit, Which is one of the most updated News Portal.
All the information provided in the article is to our best of knowledge on the subject. We hold no responsibility, whatsoever, in case of any disparency in the information provided. You could let us know through the comments section or by contacting us through our Contact Us page if you feel anything mentioned above is wrong. Our team of writers tries their best to provide the correct information always with a unique choice of words to deliver the information correctly to you. However, we take no guarantee for it and you’re completely free to trust or ignore the information provided in the article.
Book on Indian Administration by Singh Hoshiar timesofindia.com