DVOs Handbook

Contents

S. No.                   Chapter                                                         

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   1.      Introduction                                                                            

   2.      Guidelines                                                                              

   3.      Precautions                                                                            

   4.      GAD Circular No.12 of 1994                                                     

   5.      GAD Circular No.14 of 2002                                                     

   6.      GAD Circular No.12 of 2003                                                     

   7.      GAD Circular dated 17.08.2004                                                

   8.      Amendment in the P.C Act-2006

   9.      11 simple steps to ensure transparency                                    

  10.      CVC's directives on use of website in  public tenders.                

INTRODUCTION

The genesis of Institution of DVOs

The concept of Departmental Vigilance Officers in the Govt. Department and PSU is not a new one. In the Central Govt. this institution is in existence since 1950. In our State the process of appointment of DVOs started in 1994, with the issuance of GAD Circular No. 12 of 1994 dated 22.2.1994. To make this institution more useful the idea finds reiteration in GAD Order No. 12 of 2002 dated 19.6.2002 and the GAD Circular No. 12 of 2003 dated 26.5.2003. Every year conference of DVOs are being held at Jammu and Srinagar to give impetus to the functioning of this institution.

Why a need to have the institution of Departmental Vigilance Officers ?

Corruption is an all pervasive phenomenon, which knows no boundaries and barriers. There is a deluge of complaints  being received by the Govt. and the State Vigilance Organization, alleging omission and commission by Govt. officers. In a number of complaints, allegations are mainly about violation of codal formalities in the award of contracts in Govt. works, purchases, appointments, promotions and transfer, denial of services by the Govt. Departments etc.  Often these complaints are lacking in specifics, and unless more details become available they don't attract provisions of the Prevention of Corruption Act. Therefore, the need to involve more individuals & institution to enquire and enable enforcement agencies or departmental superiors to take a decision on future course of action. The institution of Departmental Vigilance Officers is a step forward towards utilizing officers in the field within the concerned department to provide a helping hand to curb corrupt practices. Vigilance is to be recognized as a management function in every sector of governance. We have to build structure, process and systems in such a manner so as to prevent leakage which adversely effect productivity and profitability. Unless internal vigilance in Govt.

Departments improves it will be difficult to achieve objective of corruption free administration. With regard to internal vigilance the institution of Departmental Vigilance Officers has attained great relevance in recent times.

Monitoring of developmental work by Additional District   Development Commissioners.

The State Vigilance Organization receives a number of complaints related to developmental activities. These complaints can act as feedback mechanism for the newly created institution of ADDC's.  It has, therefore, been thought desirable to forward such development related issues to the ADDC's by the SVO for appropriate action. 

Advantages of the institution of DVOs and what is expected of DVOs.

         -    DVOs due to their proximity, have better insight and appreciation into the working of a department. These Departmental Vigilance Officers by virtue of this knowledge can act as 'nodal agency' for strengthening of Internal Vigilance.

         -    DVOs are well informed about the integrity of their colleagues in the department.  Therefore, they can help in ensuring that honest officials are not harassed by unscrupulous elements by lodging false and frivolous complaints.

         -    When complaints are referred to Departmental Vigilance Officers sometimes there is timely rectification of the alleged wrongs and redressal of grievances of a complainant. This 'therapeutic effect' acts as safety valve by reducing conflict within the system and also pre-empts imminent loss to the exchequer.

         -    Supervision is the key and the DVO's are better placed to follow up the action taken on Supervisory notes and Audit reports of their respective departments.  This can bring in greater accountability and transparency.

          -   DVO's can help in identifying corrupt officers so that an agreed list is prepared in consultation with SVO. This spirit is amplified in Circular No. 12 of 2003 of GAD.

         -    DVOs can serve as eyes and ears of the State Vigilance Organization.  They can share in confidence, actionable intelligence in specific instances of bribery and corrupt practices with the State Vigilance Organization so that these unscrupulous elements can be targeted under law.

- DVOs accompanying SVO officials during Joint Surprise Check renders valuable professional help, by virtue of having insight and expertise in functioning of their departments. 

GUIDELINES

GUIDELINES/CHECK LIST TO BE KEPT IN MIND BY DVO's WHILE VERIFYING COMPLAINTS.

1.  COMPLAINTS PERTAINING TO WORKS :

        (a)  Is it a fact that the work/works in question has/have been executed ?

        (b)  If yes,

               (i)  Whether the tenders were called ?

               (ii)  What were the date of calling as well as closing of the tenders so called ?

              (iii)  Whether any comparative statement was prepared ?

(c) Whether the work has been allotted to the lowest bidder ?

               (i)  Who has offered the lowest rates ?

               (ii)  To whom the work was assigned for execution ? And why ?

              (iii)  Whether he fulfills all the required conditions published in the tender notice ?

        (d)  Whether the Technical Sanction and Administrative Approval was obtained for the execution of work ?

               (i)  Who has accorded the sanction for the execution of such work/works ? Whether he is competent to do so ?

               (ii)  What was the estimated cost of the work/works ?

              (iii)  What amount was sanctioned ; And what has been spent ?

        (e)  Whether any spot inspection was conducted before making the final payment ?

               (i)  If yes, who has conducted such inspection ?

2.     COMPLAINTS PERTAINING TO MISAPPROPRIATION OF FUNDS UNDER IAY SCHEME FOR BPL PEOPLE :

(I)  Is it a fact that any grant under IAY scheme to below poverty line persons has been disbursed ?

         (II)  If yes, how much of this amount stands disbursed.

        (III)  How many persons were benefited by this scheme ?

       (IV)  Whether the amount has been given to legitimate persons who fall under the category of BPL ?

        (V)  Whether the list has been prepared by the village level committee ?

       (VI)  Whether the officers/officials concerned disbursed the amount according to the lists prepared by the village level committee ?

      (VII)  Whether any verification was conducted regarding economic status/poverty in respect of the beneficiaries before disbursing the amount under IAY scheme ?

3.     COMPLAINTS PERTAINING TO ILLEGAL ATTESTATION OF MUTATION OF LAND :

        (a)  Is it a fact that the land in question has been mutated in favour of the beneficiary ?

        (b)  If yes,

               (i)  When was it mutated ?

               (ii)  Whether proper procedure was adopted/followed while affecting such mutation ?

              (iii)  Who were the witnesses present on the spot when the said mutation was attested ?

              (iv)  Whether the complainant and other affected persons  (if any) were also called at the time of attestation of such mutation ?

     (c) Whether the land in question was already in  possession of the beneficiary ?

               (i)  If yes, how he has acquired such land ?

               (ii)  Whether ancestral or through purchase ?

        (d)  Whether the land in question was ever in possession of the complainant ?

               (i)  If yes, how his rights have been relinquished/extinguished.

               (ii)  What were/are his rights in respect of land in question ?

4.     COMPLAINTS PERTAINING TO DISPROPORTIONATE ASSETS POSSESSED BY THE PUBLIC SERVANT :

        (a)  Check general reputation of the subject from his subordinates, colleagues, seniors, neighbourers and other independent referees.

        (b)  Details of service particulars of suspect including the posts held by him.

        (c)  Standard of living of subject, which may include :-

               (i)  Membership of clubs.

               (ii)  Travel/Tours during holidays.

              (iii)  Expenditure on clothes.

              (iv)  Expenditure on social ceremonies like marriage of self and other family members.

        (d)  details of assets possessed by the suspect which may include:-

               (i)  Landed property.

               (ii)  House property.

              (iii)  Vehicles.

              (iv)  Jewellary/ornaments.

               (v)  Bank accounts.

              (vi)  GPF/PPF deposit/deduction.

             (vii)  Insurance premium and other investments.

All these assets may also be compared with the annual property statements submitted by the suspect.

5      COMPLAINTS PERTAINING TO ILLEGAL APPOINTMENT :

        (a)  Is it a fact that the beneficiary has been appointed on the aforesaid post ?

               (i)  If yes, how he has been appointed ?

               (ii)  Whether through a written examination or viva voice ?

              (iii)  Compassionate grounds ?

              (iv)  Or on quota basis ?

        (b)  What was the required qualification of such post ?

               (i)  Whether the beneficiary fulfills all such requirements.

               (ii)  Whether the beneficiary has been appointed on a vacant post or a post has been created ?

        (c)  Who has issued the appointment order in favour of the beneficiary ?

               (i)  Whether he is competent to issue such order ?

               (ii)  Whether such appointment has been made after approval of the Competent Authority ?

6.     COMPLAINTS PERTAINING TO FAKE DATE OF BIRTH :

        (a)  Date of birth reflected on matriculation certificate/diploma issued by the Central/State Board of School Education.

        (b)  Birth certificate issued by the municipality or like agencies.

        (c)  Date of birth recorded in service records.

        (d)  Whether any tampering in relation of date of birth of the subject is apparent in the service records.

7.     COMPLAINTS PERTAINING TO FAKE CATEGORY CERTIFICATE :

        (a)  Where was the subject residing for the last 15 years immediately before his appointment ?

        (b)  Whether he belonged to the category as alleged in the complaint ?

        (c)  Who has issued the category certificate? And when he has issued it ?

        (d)  When was the same produced before the appointing/selecting authorities, by the suspect ?

        (e)  Whether he has received any benefit, by producing such certificate to which he was not otherwise entitled ?

8.     COMPLAINTS PERTAINING TO FAKE QUALIFICATION DEGREE/CERTIFICATE :

(a)  Which University/Board has issued the degree/certificates in question ?

        (b)  Genuineness of these certificates is checked by writing to the University/Board concerned.

9.     COMPLAINTS PERTAINING TO FAKE PRC :

        (a)  Where was the subject residing for the last 15 years before obtaining the PRC ?

        (b)  Whether the suspect's father also possessed the PRC ?

        (c)  Whether any immovable property is owned by the suspect or stands in the name of his father ?

        (d)  From which date any immovable property is existing in the name of suspect/his father or grandfather ?

        (e)  Who has issued the PRC ? It's genuineness to be ascertained through the issuing authority.

10.    COMPLAINTS PERTAINING TO DEMAND AND ACCEPTANCE OF ILLEGAL GRATIFICATION :

(a)  General reputation of suspect, which may be ascertained through his subordinates, colleagues, superiors and independent referees.

        (b)  Statement of the complainant, witnesses and the suspect.

        (c)  Whether the suspect is connected in any manner with the official act in relation of which the bribe was demanded.

        (d)  Are sufficient grounds available to proceed against the suspect departmentally?

11.    COMPLAINTS PERTAINING TO ILLEGAL PROMOTION OF SUSPECT :

        (a)  Is it a fact that the beneficiary has been promoted as alleged ?

        (b)  If yes, what was his Sr. No. in the seniority list ?

        (c)  Whether he has superseded any of his seniors ?

        (d)  If yes, why ?

        (e)  If any of his senior has been dropped ? If so, why ?

Precautions

When conducting enquiries always remember :

              We are looking for corrupt officers & corrupt practices.  Bonafide/honest mistakes can be ignored.

             Ensure that an honest officer does not become a victim of false & malicious complaint/propaganda.           

             Criminal intent is an important ingredient of offences under the Prevention of Corruption Act. Before passing a final judgment make  sure that such intent exists.

              It is always desirable to hear the officer complained against.  He may have an explanation.

               In order to ensure safe custody of documents, having evidential value in support of the allegations, the DVO is authorized to take such records into his personal custody, in order to avoid the possibility of it (record) being tampered with.  (Para 5 of GAD Circular No.14 of 2002 dated 19.6.2002).

                                     GOVERNMENT OF JAMMU & KASHMIR

GENERAL ADMINISTRATION DEPARTMENT

Subject.- Appointment of Vigilance Officers in the departments and their functions.

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Circular Order No. 12/GAD of 1994.

Dated : 22-02-1994.

The Govt. have taken a serious notice about large number of complaints being received alleging misuse of authority or indulging in acts of omissions and commissions against Govt. servants either through Vigilance Organisation or other wise. It has been felt imperative that such complaints are enquired into on top priority basis to instill confidence in the public. A decision for appointments of Vigilance Officers in all the Administrative departments and offices of Head of Departments, has since been taken up by the Govt. The Departmental Vigilance Officers so appointed are required to take immediate cognizance of such cases and to work as a nodal agency with the Vigilance Organisation of the Government. The Vigilance Officers so appointed shall function in close coordination with Vigilance Organisation as it has been noticed in cases not falling under Prevention of Corruption Act but prima-facie are of Administrative nature necessary follow up of action is not ensured by the concerned departments. It would be desirable to keep the Vigilance Organisation posted of final decision being taken by the departments in such cases.

It is impressed upon all the departments to make the institution of Vigilance Officer more effective and the Heads of Departments  take personal interest to enquire into the complaints within a specified time frame whenever such complaints are brought to the notice of the department. As and when any action is taken against defaulter this may be brought to the notice of Chief Secretary through General Administration Department on monthly basis. However, where  the complaint is of serious nature it should be brought to the notice of Chief Secretary through General Administration Department.

The receipt of the circular may be acknowledge.

(Sd.)   B.S JASWAL ,

Secretary to Government,

Gen. Administration Deptt.

NO. GAD(Adm)20-94(V)              Dated:- 22-02-1994

GOVERNMENT OF JAMMU & KASHMIR

GENERAL ADMINISTRATION DEPARTMENT

Subject. -Strengthening of internal vigilance in Government Departments and Public Undertakings-Implementation of programme of vigilance and anti-corruption work.

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Circular No. 14-GAD of 2002

Dated :  19.06.2002

As per Circular No. 12-GAD of 1994 dated 22.02.1994 (copy enclosed), the Departmental Vigilance Officers which were to be nominated in each department were required to take immediate cognizance of complaints and to work as Nodal Officers with the Vigilance Organisation of the Government. They were to function in close coordination with the Vigilance Organisation in respect of case which could not prima facie attract provisions of Prevention of Corruption Act but required administrative action by departments. It was also directed that Vigilance Organisation should be posted about the final decision being taken by the departments on the complaints and cases referred by Vigilance Organisation to them.

It has however, been observed that there has been no feed back from the Departmental Vigilance Organisation. In fact it is not also clear whether any officer is now being nominated to function as Departmental Vigilance Officer. The issue came up for consideration in the COS meeting held on 15th of May 2002 when following decision was taken :-

"The Departmental Vigilance Officers are basically performing the role of 'Nodal Officers' to monitor disposal of complaints received from the Vigilance Organisation, HODs or directly from the public. It was felt that the Institution needs to be made more purposeful. After thread- bare discussion it was decided that the Departmental Vigilance Officers would be an extension of GAD (Vigilance) and should report to the said department. Detailed instructions will be issued by the GAD prescribing procedure for the disposal of complaints by the Departmental Vigilance Officers. A format for periodical reporting will also be prescribed and progress reviewed on quarterly basis in the Committee of Secretaries."

As a follow up of action on the above decision, following instructions are issued for compliance by all concerned :-

         1.  Each Secretariat Department shall nominate an officer not below the rank of Additional Secretary to Government to function as the Departmental Vigilance Officer in addition to his own duties. Similarly an officer of appropriate level shall be nominated by each Head of the Department and the District Level Head of the Department to function as Departmental Vigilance Officer in respect of such department/office.

         2.  The names of the Departmental Vigilance Officers so nominated by the Secretariat Departments, and Heads of Departments/District Level Heads of offices shall be sent to the General Administration Department (Vigilance) by or before 20th June, 2002 along with the complete list of vigilance cases and departmental enquiries pending in the department giving their present status in detail.

         3.  At present cases received from the Vigilance Organisation for departmental enquiry are referred by the General Administration Department (Vigilance) to the respective Administrative Secretaries. Henceforth a copy of reference from General Administration Department (Vigilance) shall also be sent to the Departmental Vigilance Officer of the concerned department/office who shall be responsible to take follow up action on the proposals of the Vigilance Organisation, General Administration Department (Vigilance).

            On receipt of the communication from General Administration Department (Vigilance), the Departmental Vigilance Officer shall frame draft charge sheet to be served upon the delinquent officer and get the same issued with the approval of the competent authority. After obtaining reply to the charge sheet, the department shall issue orders

nominating the officer who shall hold the enquiry into the charges framed/issued against the delinquent officials. The DVO shall function as Presenting Officer before the Enquiry Officer.

The Departmental Vigilance Officer shall submit action taken report on each case referred to him by the GAD (Vigilance) to the Commissioner/Secretary, General Administration Department on the last working days of June, September, December and March of the year indicating the details as per enclosed proforma.

         4.  The Departmental Vigilance Officer shall also receive complaints from any interested person. For this purpose, a complaint box shall be installed outside the office room of the Officer. The complaints shall either be handed over to Departmental Vigilance Officer personally or shall be put in the complaint box which shall be opened by him personally in the evening of every working day. In respect of Secretariat Departments, the complaint boxes shall be provided by the Director Estates and in respect of other offices these shall be got provided by concerned Heads of Departments/Head of Office.

         5.  The Departmental Vigilance Officer shall scrutinize complaints other than those received from GAD (Vigilance) and shall proceed to make a preliminary enquiry to determine whether prima facie there is some substance in them or not. If he is of the view that any complaint is baseless and needs no action, it shall be filed by him. Where any complaint contains specific allegations, the Departmental Vigilance Officer shall hold a preliminary enquiry into the same at his own level by securing such records etc. for personal inspection. If any of the papers examined is found to contain evidence supporting the allegations, such papers should be taken over by him for retention in his personal custody to guard against the possibility of available evidence being tampered with. If the papers in question are required for any current action, the DVO may provide authenticated copies of the same to the concerned section and retain original papers with him. He shall be competent to call for any paper from the any section of his department.

      Where the officer complained is senior to the DVO, the DVO shall submit the case to the Administrative Secretary/ Head of the Department proposing that the preliminary enquiry may be entrusted to some other senior officer. Where the officer complained is the Head of any Secretariat Department and where the DVO is of the opinion that there is substance in the complaint, he shall refer the matter to the GAD (Vigilance) for appropriate action. Similarly, where the officer complained is the Head of any Department/Office, the DVO shall refer the matter to the Administrative Secretary under confidential cover for further action.

The DVO shall question the delinquent official / officials and any other employee of the department who is likely to know the alleged facts and record written statements. The person concerned should be asked to sign the written statement in token of confirmation.

In case, it is found necessary to make enquiries from employees of any other Government Department/office, the DVO will seek the assistance of the department concerned for providing facility for finalizing the preliminary enquiry and /or taking their written statements.

If the complaint is prima facie established by DVO in the preliminary enquiry, he shall recommend the case to the Administrative Secretary/Head of Department/Office as the case may be for initiating formal Departmental enquiry. In such cases also it shall be the responsibility of the Departmental Vigilance Officer to draw up the draft charge sheet for approval of the competent authority and pursue the case till its disposal in accordance with para 3 here-in-above. In such cases, the competent authority may nominate the DVO or any other officer to be the Presenting Officer.

If the DVO holds that a criminal case is made out, he may recommend the case to the Administrative Secretary/Head of the Department for reference of the case to the Vigilance Organisation for investigation under the Prevention of Corruption Act.

The Departmental Vigilance Officers shall send a report in respect of the complaints also to the General Administration Department on the

last working days of June, September, December and March as per proforma referred to above.

         6.  The progress of work of the Departmental Vigilance Officers shall be reviewed on quarterly basis by the Establishment Committee for which status notes shall be circulated by the General Administration Department (Vigilance) in advance.

The above instructions are brought to the notice of all concerned for strict compliance.

(Sd.)...................................

Commissioner/Secretary to Government,

General Administration Department.

No. GAD(Adm)114/2002-V          Dated : 19-06-2002

Copy to the :-

       1.  All Financial Commissioners to Government.

       2.  All Principal Secretaries to Government.

       3.  Principal Secretary to H.E the Governor.

GOVERNMENT OF JAMMU & KASHMIR

GENERAL ADMINISTRATION DEPARTMENT

Subject :-Strengthening of internal vigilance in Government           Departments and Public Undertakings-Implementation of programme of vigilance and anti-corruption work.

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Circular No. 12-GAD (Vig.) of 2003

Dated :  26-05-2003

Government have identified corruption as one of the major issues to be tackled strongly. For this purpose, a programme of Vigilance and Anti-Corruption work has been prepared for immediate implementation by various Departments and Public Undertakings in co-ordination with the State Vigilance Organisation.

SELECTED DEPARTMENTS.

The following Departments have been identified for focused attention in this programme.

        ?  Revenue

        ?  R&B/P.H.E/Flood Control

        ?  Police

        ?  Excise

        ?  Sales Tax

        ?  Forest

        ?  PDD

        ?  Rural Development

        ?  Food & Supplies

        ?  JDA/SDA

        ?  Transport

        ?  Education

        ?  Social Welfare

Other departments of the Government would also be covered to the extent possible.

COLLECTION OF INFORMATION

 Collection of information is the most important part of this programme of work. This has to be organized in a systematic and            well-planned manner. In this work the State Vigilance Organisation should take assistance of the Departments and Public Undertakings concerned.

AGREED LIST OF SUSPECTED OFFICERS.

 Agreed lists will be prepared of officers of gazetted status against whose honesty or integrity there are complaints, doubts or suspicion, after consultation between the officers of the departments concerned and the State Vigilance Organisation. To achieve the best result it is important there should be free and frank exchange of information during these discussions.

 The following action will be taken in respect of officers on these agreed lists by the Departments or the Undertakings concerned and by the State Vigilance Organisation :-

         Closer and more frequent scrutiny and inspection of their work and performance by the department concerned, particularly in spheres where there is scope for discretion or for showing favours.

         Discreet checks about their reputation both by the department and the State Vigilance Organisation.

         Unobtrusive watch of their contacts by the State Vigilance Organisation.

         Secret inquiry by the State Vigilance Organisation about their assets and financial resources.

         Collection of information by the State Vigilance Organisation of specific instances of bribery and corrupt practices.

If these secret checks and enquiries reveal positive material, then open enquiries will be started by the State Vigilance Organisation and further action taken in the light of the result of that inquiry. It may be emphasized that no adverse or punitive action should be contemplated against any officer on these lists unless these checks, verifications or enquiries bring forth adequate material to reasonably conclude that he is lacking in integrity. These agreed lists will remain in force for a period of one year from the date of preparation. At the end of this period the list will be reviewed and the names of those officers against whom sufficient evidence is not available to proceed against will be deleted from the list.

The State Vigilance Organisation Branches may prepare their own lists of officers of non-gazetted status about whose integrity or honesty there are complaints, doubts or suspicion, but they or need not be 'agreed' lists. The Superintendents of Police of the State Vigilance Organisation Branches should however, consult the Heads of Departments and Public Undertakings about names in such lists as and when it is felt that such consultation will lead to better accuracy and correctness.

As and when requested by the State Vigilance Organisation the Departments and Public Undertaking should arrange for closer and more frequent scrutiny and inspection of the work of these employees and also for affording assistance to the State Vigilance Organisation in making checks and verifications about them.

AGREED LIST OF POINTS & PLACES OF CORRUPTION

Agreed lists will also be prepared of points and places where corrupt practices are prevalent. It may be emphasized that these are not lists of all those points and places where there is scope or likelihood of corruption but only of those where corruption is believed to exist in substantial measures. The preparation of these agreed lists of points and places of corruption must necessarily be done by those in the filed. The Superintendents of Police of State Vigilance Organization aided by the D.I.G Vigilance Organization where necessary, will settle and prepare these lists locally after discussion with the Heads of Departments or officers of Undertakings concerned. The Departments and Undertakings can contribute substantially in the preparation of these lists. They are likely to have much greater appreciation of the position in their units or sections and they are in the best position to compile or to assist in compiling such list.

It may be clarified that :-

         "Points" are those items of work and those stages of which decisions are taken or orders are passed which provide scope for corruption e.g. processing of tenders, appraising, grant of quota certificate, licenses, permits etc.

         "Places" would be sections, sectors, units of an office/ Departments/Undertakings.

            After these lists are prepared the following action should be taken by the Departments, Undertakings and by the State Vigilance Organisation.

         Closer and more frequent scrutiny and inspection by the Departments or Public Undertakings of the work done at these points and places.

         Surprise Checks by the Department or Undertakings.

         Discreet and unobtrusive watch by the State Vigilance Organisation followed by the raids as and when appropriate.

         Collection of information about specific instances of bribery and corrupt practices so as to start open enquiries.

LIST OF UNSCRUPULOUS CONTRACTORS, SUPPLIERS, FIRMS AND CLEARING AGENTS.

List will be prepared of unscrupulous contractors, suppliers, firms and clearing agents who are suspected of indulging in corrupt practices. These lists are to be prepared by the Departments and Undertakings concerned as they are in the best position to do so. They need not be 'agreed' lists. Copies of these lists should be sent to the State Vigilance Organisation for its information. The State Vigilance Organisation on its part will pass on to the Departments and Undertakings concerned any information regarding corrupt practices of contractors, suppliers, firms and clearing agents for their information and for considering as to whether the name of any such contractor etc. should be brought on their lists. Particular care should be exercised in the preparation of these lists. Departments concerned should lay down the criteria on the basis of which names are to be included in these lists.

The following action may be taken by the Departments and Undertakings and by the State Vigilance Organisation in respect of the contractors etc. on these lists :-

         The list should be circulated by the Departments and Undertakings to their officers enjoining them to be careful and cautious in all dealings with such parties.

         Discreet and unobtrusive watch should be kept by the State Vigilance Organisation over the contractors or such parties in officials circles.

         Collection of information by the State Vigilance Organisation of specific instances of malpractices on part of such parties with a view to start open enquiries.

UNSCRUPULOUS CONTACT MEN :

 The State Vigilance Organisation will prepare list of unscrupulous contact men who are suspected of resorting to corrupt or irregular practices in their dealings with official agencies. The names of persons on these lists will be communicated by the State Vigilance Organisation to the Administrative Departments and Public Undertakings concerned. These lists are being compiled with the following objectives :-

         The information contained in these lists will be utilized when considering cases for accrediting of representatives of                 firms etc. Normally such unscrupulous persons should not be accepted as accredited representatives of firms etc.

         The Departments and Undertakings concerned will issue directions to their officers to be careful and cautious in dealing with unscrupulous contact men whose names are on these lists. They should avoid associating with them socially and accepting entertainment and gifts from them. The State Vigilance Organisation will exercise an unobtrusive check on the activities of such contact men and try to collect information about specific instances of malpractices in which they are involved.

SCRUTINY AND CHECKS BY DEPARTMENTS.

The Departments and Undertakings should organize :-

         Selective scrutiny of files and records to discover malafide orders of decisions and to detect malpractices.

         Surprise check at possible points and places of corruption,           e. g. works under execution or executed, stores inspected, passed or rejected after inspection, supplies and stores in godowns or storage depots ; baggage examined and cleared ; goods and passenger booking and reservation, under-weighment and allotment of trucks/wagons ; under-valuation of goods etc.

         Routine random checks of discretionary powers exercised by junior officers.

         Rechecking by senior officers of items already checked by junior officers, e. g. works, inspection, check, excise, levy etc.

         Closer inspection of irregular intervals of the works of the officers of doubtful integrity.

The special scrutiny or check should be carried out by officers about whose integrity there is no doubt. If necessary special teams may be set up in some of the important departments for this purpose, secrecy should be ensured and adequate precaution should be taken to prevent leakage of information about the projected checks. The assistance of the State Vigilance Organisation will be available as and when considered necessary.

Any matter or transactions which are suspicious or doubtful or which suggest malafide motive or corruption should be referred to the State Vigilance Organisation for inquiry. It is important that such references are made promptly along with the relevant documents.

Records and statements should be maintained pertaining to such checks or scrutiny carried out so as to cover the date of check or scrutiny, its nature, terms and extent, the sphere and personnel covered, the agency utilized, the results, the difficulties or impediments faced if any and further action taken.

The further action could be in respect of individual instances                of malpractices, improprieties, irregularities, illegalities or defects               detected or of a general nature to prevent recurrence of similar malpractices.

SPECIAL DRIVES COMPRISING RAID AND SEARCHES BY THE STATE VIGILANCE ORGANISATION.

The State Vigilance Organisation will carry out surprise checks, raids or searches when it has come definite information that mal-practices are being indulged in. Such raids and checks may be on godowns and storage depots, goods and passenger booking stations, receipt or dispatch of stores, misuse of permits, licenses and quotas etc. The Departments and Undertakings concerned should extend their cooperation and assistance to the State Vigilance Organisation in these searches, raids and checks.

The State Vigilance Organisation will maintain records and statements giving the particulars of these searches etc. and mentioning their results and thus action taken.

PREVENTIVE AND ADMINISTRATIVE MEASURES.

 A great responsibility lies on the Head of the Department and Public Undertaking for checking bribery and corruption in their respective organizations. The Vigilance Officer is there to assist him in discharging this responsibility but, in this work, the main initiative and direction must come from the Head of the Department and Undertaking concerned. He should plan out the necessary measures in accordance with this scheme and issue suitable directives to this subordinate officers and also coordinate action to detect and deal with corrupt elements and practices. The Departmental Vigilance Units have an important role in the departmental drive against corruption. It is necessary to strengthen the organization by careful selection of the personnel manning the Units, in particular the Departmental Vigilance Officer. They should be persons possessing integrity, initiative and drive. Their part in the fight against corruption has to be an active and positive one ; mere passive attitude, however well meaning, will not suffice. The liaison between the Departmental Vigilance Officer and the State Vigilance Organisation should be close and continuous.

MEETINGS AND DISCUSSIONS.

This scheme envisages coordinated and concerted action on the part of the Departments and Undertakings concerned and the State Vigilance Organisation. Its success will depend on the extent and degree of cooperation between them. Meetings and discussions should be held at the levels of the Secretaries/Head of Departments, Provincial Officers and Heads of Offices with officers of the State Vigilance Organisation. All these meetings there should also be free and frank discussions. Any reservation or inclination to hold back any information or material fact will detract from the value of these meetings and discussions. Information should be exchanged, lists of suspect officers and of points and places of corruption should be discussed and agreed lists drawn up, plans for checks and searches should be prepared, measures already adopted for the implementation of this scheme should be reviewed and further course of action settled.

REPORTS AND REVIEWS.

Appreciation reports, should be prepared by specially designated officers of State Vigilance Organisation with the help and assistance of Departmental Vigilance Officer and other officials of targeted departments to document the nature, extent, cause of corruption and hindrances in checking such corruption. Appreciation reports should contain information about the organization, it's objectives, methods of working including procedures, areas of corruption, known corrupt officer and undesirable contact men.

Quarterly reviews should be prepared by Departments and Undertakings giving the particulars of Vigilance and Anti-Corruption work done during the preceding quarter. Statistical statements should also form part of these Reviews so as to give clear and comparative picture.

There should also be an annual report containing a complete record of Vigilance and Anti-Corruption activities during the preceding year along with statistical statements.

These reviews will provide not only a useful record of all that has been done but also a means of making an assessment of the extent and nature of corruption and of the efforts made and results achieved in dealing with this problem. Copies of these reports, reviews and statements should also be sent by the State Vigilance Organisation.

The above instructions are brought to the notice of all concerned for strict compliance.

By order of the Government of Jammu and Kashmir.

                                                    (Sd.)  ..........................................

Principal Secretary to Government,

General Administration Department.

No. GAD(Vig)/14(Adm.) 2003                  Dated 26-05-2003

Copy to the :-

       1.  All Financial Commissioners to Government.

       2.  Director General of Police.

       3.  All Principal Secretaries to Government.

       4.  Principal Secretary to Hon'ble Chief Minister.

       5.  All Commissioner/Secretaries to Government.

       6.  Secretary to H.E the Governor.

       7.  Commissioner of Vigilance, J&K, Srinagar.

       8.  All Heads of Departments.

       9.  Resident Commissioner, J&K Government, 5-Prithvi Raj Road, New Delhi.

     10.  Director Information, J&K, Srinagar.

     11.  All Deputy Commissioners.

     12.  Secretary, J&K Legislative Assembly/Council.

     13.  Special Secretary (Ser.), General Administration Department.

     14.  Secretary, J&K Public Service Commission/Service Selection Board.

     15.  Additional Secretary to Hon'ble Deputy Chief Minister.

     16.  Private Secretaries to all Cabinet Ministers/Minister of State.

     17.  General Manager, Government Press Srinagar/Jammu.

     18.  Deputy Secretary to Chief Secretary.

     19.  Private Secretary to Principal Secretary, GAD.

     20.  Stock Register.

Additional Secretary to Government,

General Administration Department.

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GOVERNMENT OF JAMMU & KASHMIR

GENERAL ADMINISTRATION DEPARTMENT

(VIGILANCE SECTION)

CIVIL SECTT. : SRINAGAR/JAMMU

CIRCULAR

The Commissioner of Vigilance J&K, Srinagar has brought to the notice of the Government that the rules/regulations in vogue and instructions issued by the Government from time to time relating to purchases, constructions and installations in various Engineering Departments in the State are disregarded by the Engineering Departments.  The surprise checks carried out by the State Vigilance Organization in various Engineering Departments recently have lead to the conclusion that following irregularities and violations are generally committed by the Engineering Departments.

        (a)  The element of competition, the only known method of ensuring cost effectiveness and transparency, through the process of tendering while awarding contracts is increasingly vanishing in favour of arbitrary decisions by contract awarding authorities wherein the actual execution is being done through select and favoured few either departmentally or on approval basis.  The supervision of the tendering process has emerged to be the single most important cause of breeding corruption.  Even when the works are executed departmentally for the purpose of emergency and/or economy, it is found that execution of works is delayed besides incurring expenditure on higher side.

        (b)  Various Government Departments have been increasingly using Government Corporations such as JKPCC, SICOP etc.  as a shield and conduit to avoid competition and tender.  The contracts are awarded to the Government Corporations without competitive bidding, wherein the execution and supplies is further sublet to favorites without adopting any competitive bidding. This is over and above availing the benefit of price preference and overheads allowed under the Government policy. The 77th meeting of Board of Directors of JKPCC even authorized in JKPCC to procure/purchase store/material and execute works without adopting process of tendering.  To quote from the Board proceedings.

              "The Chairman and the other Board Members agreed with the view that JKPCC being a contracting organization have to work like simple contractors to earn their profits and overheads and as such can not enter into tendering process for procurement of materials and execution of work thereof.  It was also stressed that Management should take decision on day-to-day basis for procurement of various items as per the powers vested with the Managing Director for smooth and timely execution of the works".  However, the fact remains that they are dealing with public funds and therefore need to take all necessary precautions.

        (c)  The instrument of periodic inspection and supervision, maintenance of record etc. has fallen to dis-use.  Senior officers performing supervisory duties are not carrying out periodic inspections and supervision, maintenance of record etc.  has fallen to dis-use.  Senior officers performing supervisory duties are not carrying out periodic inspection leaving the field entirely to the lower level Government officials, who go unchecked.

        (d)  Lack of comprehensive Work Manual as available in Organization like CPWD, MES of Army, and Railways etc. is facilitating growth of bad practices by unscrupulous elements.

        (e)  Administrative approvals are often not accorded by the officers responsible for the same.

         (f)  Consultants are appointed in an arbitrary manner without any tendering process/transparency.

        (g)  Tender documents are not prepared and approved by the competent authority.

        (h)  Site records are either not maintained at all or are not maintained properly.

         (i)  Detailed estimates are not prepared and there is in-adequate planning of work.

         (j)            Non-preparation of justification statement for the rate quoted in tender, resulting in contract being awarded at very high rates.

        (k)  Rejection of the lowest tender without adequate justification, on the ground that the contractor is not reliable or lacks capacity to execute work.

         (l)  Improper evaluation of tenders, leading to wrong allotment of works with ultimate loss of the Government.

       (m)  Allowing upward revision of rates in some cases in favour of the contractor on very flimsy ground. 

        (n)  Payment of money to contractors outside the terms of contract on the pleas of cost escalation.

        (o)  Use of sub-standard material in construction, while payment is made in full rates to the benefit of the contractor.

All the Administrative Secretaries and Heads of Engineering Departments are requested to take the remedial measures to curb these violations/lapses/irregularities in order check graft and misuse of public funds.

(Sd.).......................

Principal Secretary to Govt.

General Administration Department.

No.GAD(Vig.)46-Comp/2004       Dated 17-8-2004

Copy to the :-

     1.  All Financial Commissioner.

     2.  All Principal Secretaries to Government.

     3.  All Commr. Secretaries to Government.

     4.  All Heads of Engineering Departments.

     5.  Private Secretary to Chief Secretary.

     6.  Private Secretary to Principal Secretary, GAD.

     7.  Commissioner of Vigilance, J&K, Srinagar for information with reference to his letter No.CV/Policy-04-8321 dated 23.04.2004.

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GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT- LAW DEPARTMENT

The following Act as passed by the Jammu and Kashmir Legislature received the assent of the Governor on 3rd January, 2006 and is hereby published for general information :-

THE PREVENTION OF CORRUPTION (AMENDMENT) ACT, 2006

ACT NO. 1 OF 2006

                             [ 3rd January, 2006]

An Act to amend the Prevention of Corruption Act, Samvat 2006.

    Be it enacted by the Jammu and Kashmir State Legislature in the Fifty-sixth Year of the Republic of India as follows :-

1.   Short title and commencement.- (1) This Act may be called the Prevention of Corruption (Amendment) Act, 2005.

2. It shall come into force from the date of its publication in the Government Gazette.

2.   Amendment of section 2 in Act XIII of Samvat 2006.- The existing section 2 of the Prevention of Corruption Act,  Samvat 2006 (hereinafter referred to as 'the principal Act") shall be renumbered as sub-section (2) thereof and before the sub-section (2), as so renumbered, the following sub-section (1) shall be inserted namely :-

"(1) In this Act, unless the context otherwise requires :-

              (a)  "Designated Authority" shall mean such office of the Government not below the rank of Secretary to Government, as may be specified by the Government by notification in the Government Gazette ;

(b)        "Property" shall mean property and assets of every description, whether corporeal or incorporeal, movable or

immovable, tangible or intangible and deeds and instruments evidencing title to, or interest in, such property of assets and includes bank account and proceeds of such property and assets ;

              (c)  "Vigilance Organization" shall mean the Vigilance Organization established under sub-section (1) of              section 10".

3.   Amendment of section 5, Act XIII of Samvat 2006.- Explanation to clause (e) of sub-section (1) of section 5 of the principal  Act shall be omitted.

4.   Insertion of sections 8-B, 8-C, 8-D, 8-E and 8-F in Act XIII of Samvat 2006.- After section 8-A of the principal Act, the following sections shall be inserted namely :-

"8-B.  Powers of the Investigating Officers :- (1) If an officer (not below the rank of Superintendent of Police) of the Vigilance Organization, investigating an offence committed under this Act, has reason to believe that any property in relation to which an investigation is being conducted has been acquired by resorting to such acts of omission and commission which constitute an offence of 'criminal misconduct' as defined under section 5, he shall, with the prior approval in writing of the Commissioner of Vigilance Organization, make an order seizing such property and, where it is not practicable to seize such property, make an order of attachment directing that such property shall not be transferred or otherwise dealt with except with the prior permission of the officer making such order or of the Designated Authority before whom the properties seized or attached are produced and a copy of such order shall be served on the persons concerned :

Provided that the Investigating Officer may, at any stage of investigation after registration of F.I.R in respect of any case  under the Act where he has reason to believe that such property is likely to be transferred or otherwise  dealt with  to defeat the prosecution of the case direct, with the prior approval of the Vigilance Commissioner, that such property shall not be transferred or dealt with for such period, not exceeding ninety days, as may be specified in the order except with the prior approval of the Designated Authority.

(2) The Investigating Officer shall inform the Designated Authority, within forty-eight hours, of the seizure or attachment of such property together with a report of circumstances occasioning the seizure or attachment of such property, as the case may be.

(3) It shall be open to the Designated Authority before whom the seized or attached properties are produced either to confirm or revoke the order to seizure or attachment so issued within seven days :

Provided that an opportunity of being heard is afforded to the Investigating Officer and the person whose property is being attached or seized before making any order under this sub-section.

Provided further that till disposal of the case the Designated Authority shall ensure the safety and protection of such property.

(4) In the case of immovable property attached by the Investigating Officer, it shall be deemed to have been produced before the Designated Authority, when the Investigating Officer notifies his report and places it at the disposal of the Designated Authority.

(5) Any person aggrieved by an order under the provision to sub-section (1) may apply to the Designated Authority for grant of permission to transfer or otherwise deal with such property.

(6) The Designated Authority may either grant, or refuse to grant, the permission to the applicant.

(7) The Designated Authority, acting under the provisions of this Act, shall have all the powers of a civil court required for making a full and fair enquiry into the matter before it.

8-C.  Appeal against the order of Designated         Authority.- (1) Any person aggrieved by an order made by the Designated Authority under sub-section (3) or sub-section (5) or section 8-B may prefer an appeal to the Special Judge (Anti-Corruption) (hereinafter referred to as Special Court) and Special Court may either confirm the order of attachment of property of seizure so made or revoke such order and release the property or pass such order as it may deem just and proper within a period of sixty days.

(2) Where any property is seized or attached under section 8-B and the Special Court is satisfied about such seizure or attachment, it may order forfeiture of such property, whether or not the person from whose possession it is seized or attached is prosecuted in the Special Court for an offence under this Act.

(3) It shall be competent for the Special Court to make an order in respect of property seized or attached :-

              (a)  directing it to be sold if it is a perishable property and the provisions of section 525 of the Code of Criminal Procedure, Samvat 1989 shall, as nearly as may be practicable, apply to the net proceeds of such sale ;

              (b)  nominating any officer of the Government in case of any other property, to perform the function of the Administrator of such property subject to such conditions as may be specified by the Special Court.

8-D.   Issue of show cause notice before forfeiture of the property.- No order under sub-section (2) of section 8-C shall be made by the Special Court ;

              (a)  Unless the person holding or in possession of such  property is given a notice in writing informing him of the grounds on which it is proposed to forfeit such property and such person is given an opportunity of making a representation in writing within such reasonable time as may be specified in the notice against the grounds of forfeiture and is also given a reasonable opportunity of being heard in the  matter.

              (b)  If the person holding or in possession of such property establishes that he is a bona fide transferee of such property of value without knowing that such property has been so acquired.

8-E.   Appeal.- (1) Any person aggrieved by order of forfeiture under section 8-C may within one month from the date of the receipt of such order, appeal to the High Court.

(2) Where any order under section 8-C is modified or annulled by the High Court or where in a prosecution instituted for the contravention of the provisions of this Act, the person against whom an order of forfeiture has been made is acquitted, such property shall be returned to him and in either case if it is not possible for any reason to return the forfeited property, such person shall be paid the price as per prevailing market rate therefore as if the property had been sold to the Government with reasonable interest calculated from the date of seizure of the property and such price shall be determined in the manner prescribed.

8-F.   Order of forfeiture not to interfere with other punishments.- The order of forfeiture made under this Act by the Special Court, shall not prevent the infliction of any other punishment to which the person affected thereby is liable under this Act."

(Sd.) G. H. TANTRAY,

Special Secretary to Government,

Law Department.

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ELEVEN SIMPLE WAYS TO TRANSPARENCY IN GOVERNMENT FUNCTIONING

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         -    Put all forms to be filled by public on your website.  If any fee is chargeable, it can be sought at the time of depositing of   forms.

         -    All NITs must be available on website.  In newspaper ads indicate your website to download details.

         -    Application for certificates/licences etc. must be serially arranged as per date of receipt  and computerized.  This will enable their disposal in a manner that no one can jump the queue.

         -    Each office can maintain a list of employees and dates since when doing a particular job.  This can be displayed on notice board.  Every transfer order should indicate not only the name & designation of the officer but also the date when he had joined a particular assignment.

         -    Each Head of the Department should display a list of vacant posts in rural and remote areas.  Simultaneously, a list of attachments in urban centers can be displayed.

         -    All payments be made in cheques.  In case of purchases and developmental activities e-transfer of money should be resorted to.

         -    Selection lists for admissions, appointments/promotions should be displayed indicating marks obtained in various subjects as well as viva voce/interview separately.

         -    Each item in offices (furniture, installations, paper shedder, heating device, AC etc.)  should indicate its cost and date of purchase.

         -    Circulate within your office details of monthly fuel consumption by vehicles expenses on telephone bills, T. A. drawn, medical claims, rewards etc. for each officer separately.

         -    When an official hospitality is accorded during meetings             or in conferences, the details of expenses on food & beverages should be made public.

         -    Any requests for information asked under RTI and action taken should be put on a notice board.

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No. 98/ORD/1

CENTRAL VIGILANCE COMMISSION

Satarkta Bhavan, Block 'A'

G.P.P. Complex, I.N.A.,

New Delhi- 110023

Dated the 18th December, 2003

Subject   :-Improving Vigilance Administration: Increasing Transparency in Procurement/Sale etc.

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The Commission is of the opinion that in order to bring about greater transparency in the procurement and tendering processes there is need for widest possible publicity. There are many instances in which allegations have been made regarding inadequate or no publicity and procurement officials not making available bid documents, application forms etc. in order to restrict competition.

2.  Improving vigilance administration is possible only when system improvements are made to prevent the possibilities of corruption. In order to bring about greater transparency and curb the malpractices mentioned above the Central Vigilance Commission in the exercise of the power conferred on it under Section 8(1)(h) issues following instructions for compliance by all Govt. Departments, PSUs, Banks and other agencies over which the Commission has jurisdiction. These instructions are with regard to all cases where open tender system is resorted to for procurement of goods and services or for auction/sale etc. of goods and services.

         (i)  In addition to the existing  rules and practices regarding         giving publicity of tenders through newspapers, trade journals and providing tender documents manually and through post etc. the complete bid documents alongwith application form shall be published on the website of the organization.                                   It shall be ensured by the concerned organization that the parties making use of this facility of website are not asked           to again obtain some other related documents from the department manually for purpose of participating in the tender process  i. e.  all documents upto date should remain available and shall be equally legally valid for participation in the tender process as manual documents obtained from the department through manual process.

         (ii)  The complete application form should be available on the         website for purposes of downloading and application made on such a form shall be considered valid for participating in the tender process.

        (iii)  The concerned organization must give its website address in the advertisement/NIT published in the newspapers.

        (iv)  If the concerned organization wishes to charge for the application form downloaded from the computer then they may ask the bidding party to pay the amount by draft/cheques etc. at the time of submission of the application form and bid documents.

3.             While the above directions must be fully complied with, efforts should be made by organizations to eventually switch over to the process of e-procurement/e-sale wherever it is found to be feasible and practical.

4.  The above directions are issued in supersession of all previous instructions issued by the CVC on the subject of use of website for tendering purposes. These instructions shall take effect from 1st January, 2004 for all such organizations whose websites are already functional. All other organizations must ensure that this facility is provided before 1st April, 2004.

(Sd.) P. SHANKAR ,

Central Vigilance Commissioner.

To

     (i)  The Secretaries of All Ministries/Departments of Government  of India.

     (ii)  The Chief Secretaries to all Union Territories.

(iii) The Comptroller & Auditor General of India.

    (iv )   The Chairman, Union Public Service Commission.

     (v)  The Chief Executives of all PSEs/ Public Sector Banks/Insurance Companies/Autonomous Organisations/Societies.

    (vi)  The Chief Vigilance Officers in the Ministries/Departments/PSEs/Public Sector Banks/Insurance Companies/Autonomous Organisations/Societies.

   (vii)  President's Secretariat/Vice-President's Secretariat/Lok Sabha Secretariat/Rajya Sabha Secretariat/PMO.

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No.98/ORD/1

GOVERNMENT OF INDIA

CENTRAL VIGILANCE COMMISSION

Satarkta Bhavan, Block 'A'

G.P.P. Complex, I.N.A.,

New Delhi- 110023

Dated, the 11th February, 2004

Office Order No. 10/2/04

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To

                  All Chief Vigilance Officers

Subject : -Improving Vigilance Administration-Increasing transparency in procurement/tender/Process-Use of website-regarding.

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In CPWD, MCD, Civil Construction Division of Post & Telecom Departments and in many other departments/organizations, there is system of short term tenders (by whatever name it is called in different organizations), wherein works below a particular value are undertaken without resorting to publicity as is required in the open tenders. This practice is understandable because of cost and time involved in organizing publicity through newspapers. In all such cases, notice can be put on the website of the department as it does not take any time compared to giving advertisements in the newspapers and it practically does not cost anything. This will benefit the department by bringing in transparency and reducing opportunities for abuse of power. This will also help the organizations by bringing in more competition.

2.  In view of the reasons given above, the Commission has decided that instructions in the Commission's Circular (No.98/ORD/1) dated 18-12-2003) for the use of website will also comply to all such works awarded by the department/PSEs/other organizations over which the Commission has jurisdiction

(Sd.) BALWINDER SINGH,

Additional Secretary.

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No. 98/ORD/1

CENTRAL VIGILANCE COMMISSION

Satarkta Bhavan, Block 'A'

G.P.P. Complex, I.N.A.,

New Delhi- 110023

Dated, the 2nd July 2004

Office Order No. 43/7/04

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Subject :-Improving Vigilance Administration: Increasing Transparency in procurement/sale etc.-Use of website regarding.

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The Central Vigilance Commission has issued a directive on the above subject vide its Order No.98/ORD/1 dated 18th December, 2003 making it mandatory to use website in all cases where open tender system is resorted to. These instructions have been further extended vide Office Order No. 10/2/04 dated 11.2.2004 to tenders of short-term nature (by whatever name it is called in different organizations).  Various organizations have been corresponding with the Commission seeking certain clarifications with regard to the above directives. The main issues pointed out by organizations are as follows :

Issue-1  Size of Tender Documents.

In cases of works/procurement of highly technical nature, tender documents run into several volumes with large number of drawings and specifications sheets, etc. It may not be possible to place these documents on website.

Clarification :   These issues have been discussed with the technical experts and in their opinion, there is no technical and even practical difficulty in doing the same. These days almost all the organizations do their type work on computers and not on manual typewriters. There is no significant additional effort involved in uploading the material typed on MS Word or any other word processing softwares on the website irrespective of the number of pages. The scanning of drawings is also a routine activity. Moreover if the volume and size of tender document is so large as to make it inconvenient for an intending tendering party to download it, they always have the option of obtaining the tender documents from the organization through traditional channels. The Commission has asked for putting tender documents on web-site in addition to whatever methods are being presently used.

Issue-2     Issues Connected with Data Security, Legality and Authenticity of Bid Documents.

Certain organizations have expressed apprehensions regarding security of data, hacking of websites etc. They have also pointed out that certain bidding parties may after the downloaded documents and submit their bids in such altered tender documents which may lead to legal complications.

Clarification :   This issue has been examined both from technical and legal angles. Technically a high level of data security can be provided in the websites. The provisions of digital signatures through Certifying Authority can be used to ensure that in case of any forgery or alteration in downloaded documents it is technically feasible to prove what the original document was. There are sufficient legal provisions under IT Act to ensure that e-business can be conducted using the website. A copy of the remarks given by NIC on this issue are enclosed herewith.

Issue-3  Some organizations have sought clarification whether website is also to be used for proprietary items which are sourced from OEMs (Original Equipment Manufacturers) and OESs (Original Equipment Suppliers).

Clarification :   It is clarified that Commission's instructions are with regard to goods, services and works procured through open tender system, so these instruction do not apply to proprietary items and items which necessarily need to be procured through OEMs and OESs.

Issue-4  Do the instructions regarding 'short term tenders' given in the CVC Order No. 98/ORD/1 dated 11th February, 2004 apply to limited tenders also.

Clarification :   In many organizations goods, services and works which as per laid down norms are to be procured/executed through open tender system many times due to urgency are done through short term tenders without resorting to wide publicity in newspapers because of time constraint. In all such cases short term tenders (by whatever name it is called) etc. should also be put on the website of the department as it does not involve any additional time or cost.

Regarding applicability of these instructions to limited tenders where the number of suppliers/contractors is known to be small and as per the laid down norms limited tender system is to be resorted to through a system of approved/ registered vendors/contractors, the clarification is given below.

Issue-5  Some organizations have pointed out that they make their procurement or execute their work through a system of approved/registered vendors and contractors and have sought clarification about the implications of CVC's instructions in such procurements/contracts.

Clarification :   The Commission desires that in all such cases there should be wide publicity through the website as well as through the other traditional channels at regular intervals for registration of contractors/suppliers. All the required proforma for registration, the pre-qualification criteria etc. should be always available on the website of the organization and it should be possible to download the same and apply to the organization. There should not be any entry barriers or long gaps in the registration of suppliers/contractors. The intervals on which publicity is to be given through website and traditional means can be decided by each organization based on their own requirements and developments in the market conditions. It is expected that it should be done atleast once in a year for upgrading the list of registered vendors/contractors.

The concerned organization should give web based publicity for limited tenders also except for items of minor value. If the organization desires to limit the access of the limited tender documents to only registered contractors/suppliers they can limit the access by issuing passwords to all registered contractors/suppliers. But it should be ensured that password access is given to all the registered contractors/suppliers and not denied to any of the registered suppliers. Any denial of password to a registered supplier/contractor will lead to presumption of malafide intention on the part of the tendering authority.

(Sd.) BALWINDER SINGH,

Additional Secretary.

To

       (i)  The Secretaries of All Ministries/Departments of Government            of India.

       (ii)  The Chief Secretaries to all Union Territories.

      (iii)  The Comptroller & Auditor General of India.

      (iv)  The Chairman, Union Public Service Commission.

       (v)  The Chief Executives of all PSEs/Public Sector Banks/Insurance Companies/Autonomous Organisations/Societies.

      (vi)  The Chief Vigilance Officers in the Ministries/Departments/PSEs/Public Sector Banks/Insurance CompaniesAutonomous Organisations/ Societies.

     (vii)  President's Secretariat/Vice-President's Secretariat/Lok Sabha Secretariat/Rajya Sabha Secretariat/PMO.

CENTRAL VIGILANCE COMMISSION

Technical note from National Informatics Center

Solution for Hosting of Signed Documents

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     1.    Integrity of Document :

            The documents should be digitally signed by the person submitting them. The web server to which the documents are submitted for hosting, should verify the signature before           hosting each.

     2.    Secure Hosting :

            'HTTPS' should be used for both uploading and downloading of documents to avoid alteration of documents over the network.

     3.    Digital signing and submission :

            The documents submitted for hosting may be in PDF or               MS-WORD format.

            The document is digitally signed at the document submission  end by a digital signing tool and by using a private key stored in a smart card. The detached (PKCS#7) signature file is generated.

            The document and the signature are uploaded to the server. The uploading procedure may be automated through a program. This involves development effort.

            The web server can verify the digital signatures programmatically when the files are uploaded.

            The files and their verified signatures are hosted for downloading by end users.

            This procedure will ensure that the signer is confident of what he/she is signing.

            The person involved in web hosting is sure that the documents are properly signed. The end users benefit that the document they are downloading is authentic and that the integrity of the document is maintained.

     4.    Download procedure:

          (a)  The user verifies the digital signature of the document on the website.

          (b)  User downloads both the documents and the signature.

          (c)  User can verify the signature of the documents by using any standards. Complaint Document Signing Tool which can verify a PKCS#7 detached signature.

     5.    Certificate for Digital Signature :

          (a)  The signature should be generated using a certificate issued by a Certification Authority (CA) trusted under Controller of Certifying Authorities (CCA). This is mandatory for legal validity of the digital signature.

          (b)  The end user should ensure that the certificate used for signing the document is issued by a trusted CA.

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