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ARC recommendation on Office of Profit strictly
Tuesday, February 13, 2007 04:04 [IST]
PTI

New Delhi:Amidst debate on the issue of Office of Profit (OoP), the AdministrativeReforms Commission (ARC) has held that all offices involving executive decisionmaking and control of public funds shall be treated as OoP and no legislatorshall hold such offices.

However, all offices in purely advisory bodies where the experience, insightsand expertise of a legislator would be inputs in governmental policy, shall notbe treated as OoP, irrespective of the remuneration and perks associated withit, the 263-page report on "Ethics in Governance" said.

While recommending that the law should be amended to define OoP, the Commissionsaid if a minister is a member or head of certain organisations like thePlanning Commission, where close coordination with the Council of Ministers isvital for the day-to-day functioning of the government, it shall not be treatedas OoP.

The ARC recommendation came in the backdrop of disqualification of a SamajwadiParty member from Rajya Sabha Jaya Bachchan and resignation of CongressPresident Sonia Gandhi from Lok Sabha on the ground of holding offices ofprofit.

The OoP issue had raised a storm in Parliament last year with a large number ofsuch cases referred by the President to the Election Commssion seeking itsopinion.

The ARC, headed by M Veerappa Moily, noted that the use of discretionary fundsat the disposal of legislators, the power to determine specific projects andschemes, or select the beneficiaries or authorise expenditure will invitedisqualification.



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