Panel suggests relaxation in anti-graft law
Panel suggests relaxation in anti-graft law
The Kelkar committee report on PPP model for infrastructure development has recommended amending the Preven-tion of Corruption Act, 1988 which does not distinguish between genuine errors in decision-making and acts of corruption.
It has suggested easier funding for projects taken up under the public private partnership mode, a separate law for such ventures in health and urban transport and a dispute resolution tribunal. The committee has also suggested a rev-iew of the model concession agreements, allowing fund raising through zero coupon bonds and setting up of independent sectoral regulators.
“Measures may be taken immediately to make only malafide action by public servants punishable, and not errors, and to guard aga-inst witch-hunt against government officers and bureaucrats for decisions taken with bona fide intention. The government may speed up amendment of the Preve-ntion of Corruption Act, Vigilance and Conduct rules applicable to government officers,” said the report.
Given the market and technological uncertainties, the Kelkar committee said the PPP management will take decisions based on incomplete information. “Hence, a decision which looks problematic ‘ex-post’ need not necessarily be considered as mala fide,” said the report.
The committee urged all parties concerned to foster trust between the private sector and public sector partners in the implementation of PPP projects. It said that the success of deploying PPP as an additional policy instrument for creating infrastructure in India will depend on the change in attitudes.
