Political Career for Indian Youth- Draft Jan Lokpal Bill - part 9

Jan Lokpal Draft bill - part 9

31. Penalty for certain types of complaints- (1) Notwithstanding anything contained in this Act, if someone makes any complaint under this Act, which lacks any basis or evidence and is held by Lokpal to be meant only to harass certain authorities, Lokpal may impose such fines on that complainant as it deems fit, but the total fine in any one case shall not exceed Rs one lakh. Provided that no fine can be imposed without giving a reasonable opportunity of being heard. Provided further that merely because a case could not be proved under this Act after investigation shall not be held against a complainant for the purposes of this section. (2) Such fines shall be recoverable as dues under Land Revenue Act. (3) A complaint or allegation once made under this Act shall not be allowed to be withdrawn.

31A. Preventive measures: (1) Lokpal shall, at regular intervals, either study itself or cause to be studied the functioning of all public authorities falling within its jurisdiction and in consultation with respective public authority, issue such directions as it deems fit to prevent incidence of corruption in future.

(2) Lokpal shall also be responsible for creating awareness about this Act and involving general public in curbing corruption.

31B. Reward Scheme: (1) Lokpal shall encourage complainants from within and outside the government to report and fight against corruption by publicly recognizing such persons.

(2) Lokpal shall also prepare an appropriate scheme to give financial award to such complainants.
Provided that the total value of such reward shall not exceed 10% of the value of property confiscated or loss prevented.

32. Power to make Rules – (1) The Government may, by notification in the Official Gazette, make rules for the purpose of carrying into effect the provisions of this Act.

Provided that such rules shall be made only in consultation and with the approval of Lokpal.
(2) In particular, and without prejudice to the generality of the foregoing provisions, such rules may provide for .-
(i) the allowance and pensions payable to and other conditions of service of the Chairperson and members of Lokpal;
(ii) the powers of a Civil Court which may be exercised by the Lokpal under clause (h) of sub-section (2) of section 11;
(2A) Lokpal shall also be competent to make its own rules for the proper functioning of Lokpal.
(a) the salary, allowances, recruitment and other conditions of service of the staff and employees of the Lokpal;
(iii) procedure for registration of cases at Lokpal and initiation of prosecution
(iv) any other matter for which rules have to be made are necessary under this Act.
(3) Any rule made under this Act may be made with retrospective effect and when such a rule is made the reasons for making the rule shall be specified in a Statement laid before both Houses of the Parliament.
(4) Lokpal shall strictly adhere to the time limits mentioned at various places in this Act. In order to achieve that, Lokpal shall lay down work norms for each level of functionaries and make an assessment of the additional number of functionaries and budget required in accordance with workload.

32A. It shall be the duty of the Lokpal to train its staff at regular intervals and take all other steps to improve their skills and bring about an attitudinal change in dealing with the public.

33. Removal of difficulties- Notwithstanding anything contained in this Act, the President, in consultation with Lokpal or on request of Lokpal may, by order, make such provision -

(i) for bringing the provisions of this Act into effective operation;
(ii) for continuing the enquiries and investigations pending before the Central Vigilance Commission by the Lokpal.

34. Power to make regulations: Lokpal shall have power to make its own regulations for the smooth functioning of the institution and to effectively implement various provisions of this Act.

35. This Act shall override the provisions of all other laws.