Recommendation part of Moily’s 10-point agenda to curb corruption.
Law Minister M Veerappa Moily wants the government to stop the practice of appointing retired bureaucrats as regulators. The proposal is part of a 10-point agenda prepared by him to improve governance and curb corruption.
The agenda has been discussed with the advisor to Prime Minister Manmohan Singh on public information, infrastructure and innovations, Sam Pitroda, and Planning Commission member Arun Maira and has been submitted to the Prime Minister.
“No post-retirement assignment should be given. A cadre of regulators should be developed amongst existing government officers to fill regulatory assignments at national, state and district levels,” the law minister has insisted.
Moily, who was also chairman of the second Administrative Reforms Commission, has pointed out that in view of the experience of the existing statutory regulators with retired officers and judges, the job of regulators should be restricted to serving officers and judges in order to improve accountability.
He has stressed this would need to be supplemented through a carefully planned capacity-building exercise at periodic intervals, which will bring in domain expertise and enthusiasm in the regulatory system, which is currently lacking. Other recommendations in the 10-point agenda includes a legislation on the lines of US False Claims Act, providing for citizens and civil society groups to seek legal relief in the cases of fraudulent claims against the government.
The proposed law would allow any citizen to bring a suit against any person or agency for a false claim against the government. If the false claim is established in a court of law, the person or agency responsible will be liable for penalty equal to five times the loss sustained by the exchequer or society.
Moily has also suggested a comprehensive survey of all mining blocks, allocation of mining leases through a transparent and competitive process, such as e-auctions and imposition of export tax on exports of raw minerals, for judicious management of national assets.
“The way present mining leases are allotted and utilised has led to serious violations of forest and environmental laws and unjust enrichment of a few influential persons and serious neglect and degradation of the local areas. This has manifested itself in the form of mining in unauthorised areas, illegal mining encroachment and destruction of forests and unauthorised transport of minerals,” Moily has outlined.
He further added this was often because of collusive network between the lessees, public officials and politicians.
Bringing in the Right to Service, various steps for improving urban land management, measures for improving administration in areas dominated by Naxals and tribals, a performance-related tenure of the government functionaries for making them more accountable, codification of guiding principles in a Civil Service Law, suggestions on functioning of Lok Pal and Lokayukta and unity of command and enforcement and accountability are also included in the 10-point agenda.
For ensuring integrity in appointment to public offices, Moily has suggested that chargesheeted persons should not be considered for appointment. “This principle should be made applicable for persons contesting elections, also.”
