Aimed at strengthening ACB, removing shortcomings, new regulations notified

JAMMU: Eliminating the shortcomings and multiplicity in the governing rules of Anti-Corruption Bureau (ACB), Jammu and Kashmir government announced new rules for the bureau to deal effectively with corruption menace.

The government announced the rules after six months of making the bureau functional in the state.
On October 24, 2018, the State Administrative Council (SAC) led by Governor Satya Pal Malik, had accorded sanction for the setting up of first ever Anti-Corruption Bureau in the state to eradicate corruption.

To make ACB functional, Governor had amended Jammu and Kashmir Prevention of Corruption Act, 2006 and issued SRO-486 in exercise of powers conferred by Sub-Section 1 of Section 10 of the Act thereby formally establishing the Anti-Corruption Bureau for investigation of offences under the Act.

Similarly, Governor had also amended Jammu and Kashmir State Vigilance Commission Act, 2011 in exercise of the powers vested under Proclamation No.P-1/18 of 2018 dated June 20, 2018. The amended Act has come into force immediately. With the amendments in both these Acts, State Vigilance Organization has been renamed as Anti Corruption Bureau.

However, the government had not issued the new rules for governing the manpower at the disposal of Anti-Corruption Bureau. The government had kept the rules same which was leading the State Vigilance Organization and State Vigilance Commission.

Eliminating the shortcomings and improve the functionality of the bureau, the government has announced detailed new rules.

“When a reference received under section 8(1) (c) or a complaint received under section 8 (1) (d) of the Act is sent by the Commission to the Anti Corruption Bureau, it shall be duty of the Anti Corruption Bureau to have the reference or the complaint inquired into and submit a report thereof to the Commission, and in case FIR is registered a copy of FIR shall be submitted to the SVC, for further advice and action,” the order reads.

“The Commission shall review the progress of enquiry from Anti Corruption Bureau from time to time: Provided that while exercising the powers of superintendence, the Commission shall not exercise powers in such a manner so as to require the Anti Corruption Bureau to investigate or dispose of the case in a particular manner,” as per order.

“It shall be the duty and responsibility of the CVOs, DVOs, Distt. VOs and AVOS to collect intelligence about the corrupt practices committed, or likely to be committed by the employees of their respective organizations; enquire or cause an investigation to be made into verifiable allegations referred to him by the Commission or reported to him by any other means and source; process enquiry reports for further consideration of the disciplinary authority concerned; refer the matters to the Commission for advice wherever necessary, taking steps to prevent commission of improper practices/misconduct and also analyze functioning/ performance of the Department in reference to the Result Framework Document (RFD),” the order reads.

“It shall be the duty of CVOs, DVOs and Distt. VOs to scrutinize reports of Legislative Committees such as Estimates Committee, Public Accounts Committee and the Committee on Public Undertakings; audit reports; proceedings of both Houses of legislature and complaints and allegations appearing in the press and to take appropriate action thereon,” the order further reads.