In exercise of the powers conferred by Section 45 of Food Corporations Act

## Report on the Food Corporation of India Staff Sixth Amendment Regulations, 2021 **1. Executive Summary:** This report analyzes the Food Corporation of India (FCI) Staff Sixth Amendment Regulations, 2021, as published in the Gazette of India on December 15, 2021. This amendment focuses on revisions to Regulation 54 of the FCI Staff Regulations, 1971, specifically regarding major penalties for employees found in possession of disproportionate assets or accepting illegal gratification. The key change is the addition of a proviso mandating removal or dismissal from service (with disqualification for future employment) in such cases, while also allowing for exceptions under specific circumstances. This amendment is intended to strengthen disciplinary actions against corruption within the FCI. **2. Introduction:** This report provides an informative analysis of the Food Corporation of India Staff Sixth Amendment Regulations, 2021, based solely on the provided policy text published in the Gazette of India. The purpose is to inform stakeholders about the changes introduced to the FCI Staff Regulations, 1971 and their likely impact. **3. Policy Overview:** * **Original Policy Being Amended:** Food Corporation of India Staff Regulations, 1971. * **Core Objective(s) (Inferred):** The core objective of the original policy is to regulate the conduct and service conditions of FCI staff. This amendment aims to strengthen the enforcement of ethical conduct and accountability within the FCI. **4. Background and Rationale:** The amendment appears to be a response to concerns regarding corruption or unethical behavior within the FCI. The insertion of a proviso addressing possession of disproportionate assets or acceptance of illegal gratification suggests a specific effort to deter and punish such actions. The rationale is to ensure the integrity and efficiency of the FCI by imposing stricter penalties for corrupt practices. **5. Key Provisions / Changes:** This amendment specifically alters Regulation 54 of the Food Corporation of India Staff Regulations, 1971, which deals with major penalties. The following changes are introduced: * **Specific Part of Original Policy Changed:** Regulation 54, clauses viii and ix under "Major Penalties". * **New Rule/Provision:** * The word "Government" is added after the word "Corporation" appearing in clause viii and ix under Major Penalties. * A proviso is inserted after clause ix under Major Penalties stating that if an employee is found in possession of assets disproportionate to known sources of income or is found to have accepted illegal gratification, the penalty mentioned in Clause viii (removal from service) or Clause ix (dismissal from service) "shall be imposed". Both of these penalties include disqualification from future employment under the Corporation or Government. * A further proviso is added, allowing for "any other penalty" to be imposed in "exceptional cases" with "special reasons recorded in writing". * **Difference/Effect of the Change:** The amendment strengthens the penalties for possessing disproportionate assets or accepting illegal gratification by generally mandating removal or dismissal from service. However, it retains flexibility by allowing for alternative penalties in exceptional circumstances, provided these circumstances are documented. It also explicitly links the penalties to disqualification from future employment under both the Corporation and the Government, expanding the scope of the disqualification. **6. Target Audience and Stakeholders:** The primary target audience is employees of the Food Corporation of India (FCI). Other stakeholders include the FCI management, the Central Government (due to its oversight role and the mention of "previous sanction"), and potentially the public, as the FCI plays a vital role in food security. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Food Corporation of India is responsible for implementing the amended regulations. The Central Government also plays a role through its oversight and the requirement for "previous sanction". * **Timelines or Procedures:** The regulations come into force from the date of notification in the Official Gazette (December 15, 2021). The amendment implies the need for internal procedures within the FCI to investigate cases of disproportionate assets or acceptance of illegal gratification. The inclusion of the clause about recording special reasons in writing implies that the Corporation must document any deviation from the standard penalties. * **Amendment-Specific Implementation:** The changes necessitates FCI to review and update their internal disciplinary procedures to reflect the mandatory penalty of removal or dismissal for corruption-related offenses, while also establishing a mechanism for documenting and justifying any exceptions. **8. Expected Outcomes / Impact of Changes:** The intended outcome of these changes is to deter corrupt practices among FCI employees by increasing the severity and certainty of punishment. The amendment is expected to improve the integrity and accountability of the FCI, potentially leading to better management of resources and increased public trust. The requirement for documented reasons for any deviations aims to prevent arbitrary application of penalties. **9. Conclusion:** The Food Corporation of India Staff Sixth Amendment Regulations, 2021 represent a significant strengthening of the disciplinary framework for FCI employees regarding corruption-related offences. By mandating removal or dismissal from service for those found possessing disproportionate assets or accepting illegal gratification, the amendment aims to promote ethical conduct and accountability within the FCI. While retaining some flexibility for exceptional circumstances, the overall intent is to deter corruption and enhance the integrity of the organization. This amendment is a crucial step towards ensuring the efficient and ethical functioning of the Food Corporation of India.

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