False Claims Act in Moilys 10 measures to fight graft

The most important of them is drawing up of a False Claims Act as an instrument of redressal for victims of corruption

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Moving forward on extra measures to address corruption and improve governance,Law Minister Veerapa Moily,who is also member of the GoM on Corruption,has suggested a list of 10 immediate legal and administrative measures to PM Manmohan Singh and Congress chief Sonia Gandhi. These have been distilled from the 15 odd reports of the 2nd Administrative Reforms Commission.

The most important of them is drawing up of a False Claims Act as an instrument of redressal for victims of corruption. To be modelled on the lines of a similar law in the US,this Act would seek to allow citizens and civil society groups to file a suit against any person or agency for fraudulent claims against the government. If this false claim is also established in a court of law,those responsible for causing losses to the government can be fined upto five times the loss sustained by the government exchequer or society. The loss can be seen in both monetary terms as well as non-monetary terms when computing social costs. Even in case of non-monetary loss,the court would have the authority to compute it in monetary terms,says the proposal.

Addressing a barrage of graft complaints against service delivery organisations,it has been proposed that they notify high service standards which will be enforceable by law and any failure to meet them will invite a penalty.

The other key measures proposed to fight corruption:

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A modernised office of the District Collector complete with a Management Information System-based monitoring of programmes,computerised grievance cell and an exclusive vigilance cell supervised by the Collector in coordination with the state vigilance commission. Proposal to give police powers to civic authorities.

Setting up a District Level Ombudsman with serving officers on board to ensure that various rights under laws like RTI,RTE and NREGA are realised.

All-new recruitment to the civil service for a 20-year term in office with two intensive reviews; one after 14 years of service and the second after 20 years. Continuance beyond 20 years to depend on their reviews. Fixed tenures for each post to avoid arbitrary transfers.

Post-school grooming for a public services career to train civil service aspirants in public policy,policing,urban and rural development etc. Evolving Public Administration as a full-fledged graduate course in universities to fill the vacuum.

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To bring transparency into the mining industry,a comprehensive survey of all mining blocks,allocation of mining leases and discouraging export of raw minerals through imposition of an import tax. Allocation of Spectrum through transparent process.

To reform urban land management by fast tracking the proposed Real Estate Regulation Bill,immediate surveys to ensure accurate property records,amendments in the Land acquisition Act to prohibit denotification after final notification.

To check Naxalism,proper implementation of Forest Rights Act,ensuring a monthly cash payment in bank accounts of all BPL families in affected areas.

Improving the government’s public interface,simplification of rules and regulations within two years,monitoring performance of government offices through feedback from citizens.

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