Political career for Indian Youth -Draft Jan Lokpal bill-part 4

Draft Jan Lokpal bill-part 4

15. Making a complaint to the Lokpal: (1) Subject to the provisions of this Act, any person may make a complaint under this Act to the Lokpal.
Provided that in case of a grievance, if the person aggrieved is dead or for any reason, unable to act for himself, the complaint may be made or if it is already made may be continued by his legal representatives or by any other person who is authorized by him in writing in this behalf.
Provided further that a citizen may make a complaint to any office of Lokpal anywhere in the country. It shall be the duty of that office of Lokpal to transfer it to appropriate officer within Lokpal.
(2) A complaint could be on a plain paper but should contain all such details as prescribed by Lokpal.
(2A) After its annual report has been presented in the Parliament, the Comptroller and Auditor General of India shall forward all such cases, which constitute an allegation under this Act, to the Lokpal and Lokpal shall act on them as per provisions of this Act.
(3) On receipt of a complaint, the Lokpal shall decide whether it is an allegation or a grievance or a request for whistleblower protection or a mixture of two or more of these.
(4) Every complaint shall have to be compulsorily disposed of by the Lokpal.
Provided that no complaint shall be closed without giving an opportunity of hearing to the complainant.

16. Matters which may be investigated by the Lokpal– Subject to the provisions of this Act, the Lokpal may investigate any action which is taken by or with the general or specific approval of a public servant where a complaint involving a grievance or an allegation is made in respect of such action.

Provided that the Lokpal may also investigate such action suo moto or if it is referred to it by the government, if such action can be or could have been in his recorded opinion, subject of a grievance or an allegation.

17. Matters not subject to investigation:- (1) The Lokpal shall not conduct any investigation under this Act in case of a grievance in respect of any action-

(i) if the complainant has or had, any remedy by way of appeal, revision, review or any other recourse before any authority provided in any other law and he has not availed of the same.
(ii) Taken by a judicial or quasi-judicial body, unless the complainant alleges malafides
(iii) If the substance of the entire grievance is pending before any court or quasi-judicial body of competent jurisdiction.
(iv) any grievance where there is inordinate and inexplicable delay in agitating it.
(2) Nothing in this Act shall be construed as authorising the Lokpal to investigate any action which is taken by or with the approval of the Presiding Officer of either House of Parliament.
(3) Nothing in this section shall bar Lokpal from entertaining a complaint making an allegation of misconduct or corruption or a complaint from a whistleblower seeking protection.

18. Provisions relating to complaints and investigations-

(i) (a) The Lokpal, on receipt of a complaint in the nature of an allegation or a grievance or a combination of the two, or in a case initiated on his own motion, may on perusing the documents, either decide to proceed to enquire or investigate into that complaint or decide, to make such preliminary inquiry before proceeding to enquire or investigate into such complaint or direct any other person to make such preliminary inquiry as it deems fit for ascertaining whether there exists a reasonable ground for conducting the investigation. The outcome of such preliminary enquiry, and if the complaint is being closed along with reasons for the same and all material collected during preliminary enquiry, shall be communicated to the complainant.
Provided that if any case is closed, all documents related thereto shall thereafter be treated as public. Every month, a list of all such cases shall be put on the website with reasons for closing a case. All material connected with such closed cases will be provided to anyone seeking it under Right to Information Act.
Provided further that no complaint of allegation shall be rejected on the basis of the motives or intention of the complainant.
Provided further that all hearings before Lokpal shall be video recorded and shall be available to any member of the public on payment of copying costs.
(b) The procedure for preliminary enquiry of a complaint shall be such as the Lokpal deems appropriate in the circumstances of the case and in particular, the Lokpal may, if it deems necessary to do so, call for the comments of the public servant concerned.
Provided that the preliminary enquiry should be completed and a decision taken whether to close a case or to proceed with investigations preferably within one month of receipt of any complaint, and positively within three months. Where the preliminary enquiry has not been completed within one month, reasons for the delay will be recorded in writing at the completion of the enquiry and made public.
(c) No anonymous complaint shall be entertained under this Act. The Complainant will have to reveal his identity to the Lokpal. However, if the complainant so desires, his identity shall be protected by Lokpal.
(ii) Where the Lokpal proposes, either directly or after making preliminary inquiry, to conduct any investigation under this Act, it.-
(a) may make such order as to the safe custody of documents relevant to the investigation, as it deems fit.
(b) at appropriate stage of investigations or in the end, it shall forward a copy of the complaint, its findings and copy of the material relied upon to the public servant concerned and the complainant,
(c) shall afford to such public servant and the complainant an opportunity to offer comments and be heard.
Provided that such hearing shall be held in public, except in rare circumstances, to be recorded in writing, where it is not in public interest and in the interest of justice to hold it in public, it will be held in camera.
(iii) The conduct of an investigation under this Act against a public servant in respect of any action shall not affect such action, or any power or duty of any other public servant to take further action with respect to any matter subject to the investigation.
(iv) If, during the course of a preliminary inquiry or investigation under this Act, the Lokpal is prima facie satisfied that the allegation or grievance in respect of any action is likely to be sustained either wholly or partly, it may, through an interim order, recommend the public authority to stay the implementation or enforcement of the decision or action complained against, or to take such mandatory or preventive action, on such terms and conditions, as it may specify in its order to prevent further harm from taking place. The public authority shall either comply with or reject the recommendations of Lokpal under this sub-section within 15 days of receipt of such an order. Lokpal, if it feels important, may approach appropriate High Court for seeking appropriate directions to the public authority.
(v) The Lokpal, either during the course of investigations, if it is satisfied that prosecution is likely to be initiated in that case, or at the end of the investigations at the time of initiating prosecution, shall make a list of moveable and immoveable assets of all the accused in that case and shall notify the same. No transfer of the same shall be permitted after such notification. In the event of final conviction, the trial court may, in addition to other measures, recover the loss determined under section 19 of this Act from this property,.
(vi) If during the course of investigation or enquiry into a complaint, the Lokpal feels that continuance of a public servant in that position could adversely affect the course of investigations or enquiry or that the said public servant is likely to destroy or tamper with the evidence or influence the witnesses, the Lokpal may issue appropriate recommendations including transfer of that public servant from that position or his suspension, if he is a government servant. The public authority shall either comply with or reject the recommendations of Lokpal under this sub-section within 15 days of receipt of such an order. Lokpal, if it feels important, may approach appropriate High Court for seeking appropriate directions to the public authority.
(vii) The Lokpal may, at any stage of inquiry or investigation under this Act, direct through an interim order, appropriate authorities to take such action as is necessary, pending inquiry or investigation.-
(a) to safeguard wastage or damage of public property or public revenue by the administrative acts of the public servant;
(b) to prevent further acts of misconduct by the public servant;
(c) to prevent the public servant from secreting the assets allegedly acquired by him by corrupt means;
The public authority shall either comply with or reject the recommendations of Lokpal under this sub-section within 15 days of receipt of such an order. Lokpal, if it feels important, may approach appropriate High Court for seeking appropriate directions to the public authority.
(viii) Where after investigation into a complaint, the Lokpal is satisfied that the complaint involving an allegation against the public servant, other than the Ministers, Members of Parliament and judges, is substantiated and that the public servant concerned should not continue to hold the post held by him, the Lokpal shall pass orders to that effect. In case of public servant being a Minister or a Member of Parliament, Lokpal shall make such recommendation to the President, who shall decide either to accept such recommendation or reject it within a month of its receipt.
Provided that the provisions of this section shall not apply to the Prime Minister.
(ix) All records and information of Lokpal shall be public and shall be accessible under Right to Information Act, even at the stage of investigation or enquiry, unless the release of such information would adversely affect the process of enquiry or investigation.

Political Career for indian Youth- Draft Jan lokpal -Part 3

Draft Jan lokpal -Part 3

9. Issue of Search Warrant, etc.- (1) Where, in consequence of information in his possession, the Lokpal
(a) has reason to believe that any person. –
(i) to whom a summon or notice under this Act, has, been or might be issued, will not or would not produce or cause to be produced any property, document or thing which will be necessary or useful for or relevant to any inquiry or other proceeding to be conducted by him;
(ii) is in possession of any money, bullion, jewellery or other valuable article or thing and such money, bullion, jewellery or other valuable article or thing represents either wholly or partly income or property which has not been disclosed to the authorities for the purpose of any law or rule in force which requires such disclosure to be made; or
(b) considers that the purposes of any inquiry or other proceedings to be conducted by him will be served by a general search or inspection,
It may by a search warrant authorize any Police officer not below the rank of an Inspector of Police to conduct a search or carry out an inspection in accordance therewith and in particular to, -
(i) enter and search any building or place where he has reason to suspect that such property, document, money, bullion, jewellery or other valuable article or thing is kept;
(ii) search any person who is reasonably suspected of concealing about his person any article for which search should be made;
(iii) break open the lock of any door, box, locker safe, almirah or other receptacle for exercising the powers conferred by sub-clause (i) where the keys thereof are not available.
Seize any such property, document, money, bullion, jewellery or other valuable article or thing found as a result of such search;
(iv) place marks of identification on any property or document or make or cause to be made; extracts or copies therefrom; or
(v) make a note or an inventory of any such property, document, money, bullion, Jewellery or other valuable article or thing.
(2) The provisions of the Code of Criminal Procedure, 1973, relating to search and seizure shall apply, so far as may be, to searches and seizures under sub-section (1).
(3) A warrant issued under sub-section (1) shall for all purposes, be deemed to be a warrant issued by a court under section 93 of the Code of Criminal Procedure, 1973.

10. Evidence - (1) Subject to the provisions of this section, for the purpose of any investigation (including the preliminary inquiry, if any, before such investigation) under this Act, the Lokpal may require any public servant or any other person who, in its opinion is able to furnish information or produce documents relevant to the investigation, to furnish any such information or produce any such document.

(2) For the purpose of any such investigation (including the preliminary inquiry) the Lokpal shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 , in respect of the following matters, namely:-
(a) Summoning and enforcing the attendance of any person and examining him on oath;
(b) Requiring the discovery and production of any document;
(c) Receiving evidence on affidavits;
(d) Requisitioning any public record or copy thereof from any court or office ;
(e) Issuing commissions for the examination of witnesses or documents ;
(f) ordering payment of compensatory cost in respect of a false or vexatious claim or defence;
(g) ordering cost for causing delay;
(h) Such other matters as may be prescribed.
(3) Any proceeding before the Lokpal shall be deemed to be a judicial proceeding with in the meaning of section 193 of the Indian Penal Code.

11. Reports of Lokpal, etc. (1) The Chairperson of Lokpal shall present annually a consolidated report in prescribed format on its performance to the President.

(2) On receipt of the annual report, the President shall cause a copy thereof together with an explanatory memorandum to be laid before each House of the Parliament.
(3) The Lokpal shall publish every month on its website the list of cases disposed with brief details of each such case, outcome and action taken or proposed to be taken in that case. It shall also publish lists of all cases received by the Lokpal during the previous month, cases disposed and cases which are pending.

12. Lokpal to be a deemed police officer: (1) For the purposes of section 36 of Criminal Procedure Code, the Chairperson, members of Lokpal and the officers in investigation wing of Lokpal shall be deemed to be police officers.

(2) While investigating any offence under Prevention of Corruption Act 1988, they shall be competent to investigate any offence under any other law in the same case.

13. Powers in case of non-compliance of orders: (1) Each order of the Lokpal shall clearly specify the names of the officials who are required to execute that order, the manner in which it should be executed and the time period within which that order should be complied with.

(2) If the order is not complied with within the time or in the manner directed, the Lokpal may decide to impose a fine on the officials responsible for the non-compliance of its orders.
(3) The Drawing and Disbursing Officer of that Department shall be directed to deduct such amount of fine as is clearly specified by the Lokpal in its order made in sub-section (2) from the salaries of the officers specified in the order.
Provided that no penalty shall be imposed without giving a reasonable opportunity of being heard.
Provided that if the Drawing and Disbursing Officer fails to deduct the salary as specified in the said order, he shall make himself liable for a similar penalty.
(4) In order to get its orders complied with, the Lokpal shall have, and exercise the same jurisdiction powers and authority in respect of contempt of itself as a High court has and may exercise, and, for this purpose, the provisions of the Contempt of Courts Act, 1971 (Central Act 70 of 1971) shall have the effect subject to the modification that the references therein to the High Court shall be construed as including a reference to the Lokpal.

13A. Special Judges under section 4 of Prevention of Corruption Act: (1) On an annual basis, the Lokpal shall make an assessment of the number of Special Judges required under section 4 of the Prevention of Corruption Act 1988 in each area and the Government shall appoint such number of Judges within three months of the receipt of such recommendation.

Provided that the Lokpal shall recommend such number of Special Judges so that trial in each case under this Act is completed within a year.
(2) Before making any fresh appointments, the Government shall consult the Lokpal on the procedure to be followed in selection to ensure the integrity of the candidates selected. The Government shall implement such recommendations.

13B. Issue of Letter Rogatory: A bench of the Lokpal shall have powers to issue Letters Rogatory in any case pending with the Lokpal.

13C. Powers under Indian Telegraph Act: An appropriate bench of Lokpal shall be deemed to be designated authority under section 5 of Indian Telegraph Act. Such bench would be empowered to approve interception and monitoring of messages of data or voice transmitted through telephones, internet or any other medium as covered under India Telegraph Act, read with Information and Technology Act 2000 and as per rules and provisions made under Indian telegraph Act 1885.

Functioning of Lokpal

14. Functioning of Lokpal: (1) The Chairperson shall be responsible for the overall administration and supervision of the institution of Lokpal.

(2) All policy level decisions including formulation of regulations, developing internal systems for the functioning of Lokpal, assigning functions to various officials in Lokpal, delegation of powers to various functionaries in Lokpal etc shall be taken by the Chairperson and the members collectively as a body.
(3) The Chairperson shall have an annual meeting with the Prime Minister to assess the needs of Lokpal for finances and manpower. Lokpal shall be provided resources by the Government on the basis of outcome of this meeting.
(3A) The expenditure so decided shall be charged to Consolidated Fund of India.
(3B) The Chairperson and its members of Lokpal shall take all steps to ensure the integrity of its employees and integrity of all enquiries and investigations. For this purpose, they shall be competent to make rules, prescribe work norms, prescribe procedures for swift and effective punishment against inefficient and corrupt employees and take any other step as they deem fit.
(3C) The Chairperson and members of Lokpal shall be responsible for and shall be competent to take all steps to ensure that the time limits provided in this Act are adhered to strictly.
(4) Lokpal shall function in benches of three or more members. Benches shall be constituted randomly and cases shall be assigned to them randomly by computer. Each bench shall consist of at least one member with legal background.
(5) Such benches shall be responsible for
(i) granting permission to initiate prosecution in certain category of cases.
(ii) Hearing cases of complaints against its own staff.
(iii) Appeals in such cases of investigation or vigilance, which are closed by officials of Lokpal and which are of such categories as are prescribed by Lokpal from time to time.
(iv) Such other orders as may be decided by Lokpal from time to time.
Provided that the full bench of Lokpal may lay down norms as to which category of cases will be dealt by the benches of members and which cases would be decided at the levels of Chief Vigilance officers or Vigilance Officers. The norms could be based on loss caused to the government and/or impact on public and/or the status of the accused.
(6) The Lokpal may decide to initiate investigations into any case suo motu.
(7) The decision to initiate investigation or prosecution against any member of the Cabinet shall be taken by full bench of Lokpal.
(8) Certain matters, as provided under this Act shall be dealt by the full bench of Lokpal, which shall consist of at least seven members.
(9) Minutes and records of meetings of Lokpal shall be made public.

Political Career for Indian Youth-Draft Jan Lokpal Part 2

Draft Jan Lokpal - Part 2

5. Term of office and other conditions of service of Lokpal– (1) A person appointed as the Chairperson or member of Lokpal shall hold office for a term of five years from the date on which he enters upon his office or upto the age of 70 years, whichever is earlier;

Provided further that.-
(a) the Chairperson or member of Lokpal may, by writing under his hand addressed to the President, resign his office;
(b) the Chairperson or member may be removed from office in the manner provided in this Act.
(2) There shall be paid to the Chairperson and each member every month a salary equal to that of the Chief Justice of India and that of the judge of the Supreme Court respectively;
(3) The allowances and pension payable to and other conditions of service of the Chairperson or a member shall be such as may be prescribed;
Provided that the allowances and pension payable to and other conditions of service of the Chairperson or members shall not be varied to his disadvantage after his appointment.
(4) The administrative expenses of the office of the Lokpal including all salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged on the Consolidated Fund of India.
(5) There shall be a separate fund by the name of “Lokpal fund” in which penalties/fines imposed by the Lokpal shall be deposited and in which 10% of the loss of Public Money recovered under section 19 of this Act shall also be deposited by the Government. Disposal of such fund shall be completely at the discretion of the Lokpal and such fund shall be used only for enhancement/upgradation/extension of the infrastructure of Lokpal.
(6) The Chairperson and members of Lokpal shall not be eligible for appointment to any position in Government of India or Government of any state or any such body which is funded by any of the governments or for contesting elections to Parliament, state legislatures or local bodies, if he has ever held the position of the Chairperson or a member for any period after demitting their office. A member could be appointed as a chairperson, provided that the total tenure both as member and as chairperson would not exceed five years and no member or chairperson would be eligible for reappointment or extension after completion of a five year term.

6. Appointment of the Chairperson and members:
1. The Chairperson and members shall be appointed by the President on the recommendation of a selection committee.

2. The following shall not be eligible to become Chairperson or Member of Lokpal:
(a) Any person, who is not a citizen of India
(b) Any person, who was ever chargesheeted for any offence under IPC or PC Act or any other Act or was ever penalized under CCS Conduct Rules.
(c) Any person, who is less than 40 years in age.
(d) Any person, who was in the service of any government and has remitted office within the last two years, either by way of resignation or retirement.
3. At least four members of Lokpal shall have legal background. Not more than two members, including Chairman, shall be former civil servants.
Explanation: “Legal Background” means that the person should have held a judicial office in the territory of India for at least ten years or has been an advocate in High Court or Supreme Court for at least fifteen years.
4. The members and Chairperson should have unimpeachable integrity and should have demonstrated their resolve to fight corruption in the past.
5. A selection committee consisting of the following shall be set up:
a. The Vice President of India
b. Speaker of Lok Sabha
c. Leader of Opposition in Lok Sabha
d. Two youngest judges of Supreme Court
e. Two youngest Chief Justices of High Courts.
f. Comptroller and Auditor General of India
g. Chief Election Commissioner
h. After the first set of selection process, the outgoing members and Chairperson of Lokpal.
6. The Vice President shall act as the Chairperson of the selection committee.
7. There shall be a search committee consisting of ten members.
8. Members of search committee shall be selected in the following manner:
a. The selection committee shall select five members of search committee from the former Comptroller and Auditor Generals of India, Chief Justices of India and Chief Election Commissioners of India.
Provided that the following persons shall not be eligible for becoming members of search committee:
a) Any person who has had any substantive allegation of corruption against him
b) Any person who has either joined any political party after retirement or has had strong affiliations to any political party
c) Any person who is still in the service of the government in any capacity
d) Any person who took up a government assignment after retirement barring those assignments which are reserved for the post from which he has retired.
b. The five members selected above shall nominate five members from civil society.
9. The search committee shall invite recommendations from such class of people or such individuals as it deems fit. The recommendations should, interalia, contain the following details:
a. Personal details of the candidate being recommended
b. Details of any allegations faced by the candidate under any law or any allegations of moral turpitude in the past?
c. Details of his work against corruption in the past with documentary evidence.
d. Evidence from his past, if any, to show that he is a fiercely independent person and cannot be influenced.
e. Any other material that the search committee decides.
10. The following selection process shall be followed:
a. The list of candidates received above along with their details received in the format mentioned above shall be displayed on a website.
b. Public feedback shall be invited on these names.
c. The search committee may decide to use any means to collect more information about the background and past achievements of these candidates.
d. All the material obtained so far about the candidates shall be made available to each member of the search committee in advance. The members shall make their own assessment of each candidate.
e. The search committee shall meet and discuss the material so received about each candidate. The selections shall be made preferably through consensus.
Provided that if three or more members of search committee, for reasons to be recorded in writing, object to the selection of any member, he shall not be selected.
f. Search committee shall recommend three times the names as there are vacancies to the selection committee.
g. Selection committee shall select such number of candidates as there are vacancies to the Prime Minister. The selections shall be made preferably through consensus.
Provided that if three or more members of selection committee, for reasons to be recorded in writing, object to the selection of any member, he shall not be selected.
h. All meetings of search committee and selection shall be video recorded and shall be made public.
11. The Prime Minister shall recommend the names finalized by the selection committee to the President immediately, who shall order such appointments within a month of receipt of the same.
12. If any of the members of the selection committee retires while a selection process is going on, that member will continue on the selection committee till the end of that process.

7. Removal of Chairperson or members-
(1) The Chairperson or any member shall not be removed from his office except by an order of the President on one or more of the following grounds:

a. Proved misbehavior
b. Professional, mental or physical incapacity
c. Insolvency
d. Being charged of an offence which involves moral turpitude
e. Engaging while holding such office, in any paid employment
f. Acquiring such financial interests or other interests, which are likely to affect his functions as member or Chairperson prejudicially.
g. Being guided by considerations extraneous to the merits of the case under his consideration with a view to favoring someone or implicating someone through any act of omission or commission.
h. Unduly influencing or attempting to influence any government functionary.
i. Committing any act of omission or commission which is punishable under Prevention of Corruption Act or is a misconduct.
j. If a member or the Chairperson in any way, concerned or interested in any contract or agreement made by or on behalf of any public authority in the Government of India or Government of any state or participates in any way in the profit thereof or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall be deemed to be guilty of misbehavior.
(3) The following process shall be followed in respect of petitions for the removal of any member or Chairperson of Lokpal:
(a) Any person may move a petition before the Supreme Court seeking removal of one or more of the members or Chairperson of Lokpal, alleging one or more of the grounds for removal and providing evidence for the same.
(b) The Supreme Court will hear the matter on receipt of such petition and may take one or more of the following steps:
(i) order an investigation by a Special Investigation Team appointed by the Supreme Court, if a prima facie case is made out and if the matter cannot be judged based on affidavits of the parties. The Special Investigation Team shall submit its report within three months.
(ii) Pending investigations by a Special Investigation Team under sub-clause (i), order withdrawal of a part or complete work from that member.
(iii) dismiss the petition if no case is made out
(iv) if the grounds are proved, recommend to the President for removal of the said member or Chairperson
(v) direct registration and investigation of cases with appropriate agencies, if there is a prima facie case of commission of an offence punishable under the Prevention of Corruption Act or any other law.
(e) The bench shall be constituted by a panel of five seniormost judges of the Supreme Court.
Provided that the judges who have ever been members of the selection committee or against whom any complaint is pending in Lokpal shall not be members of the bench.
(f) The Supreme Court shall not dismiss such petitions in liminae.
(g) If the Supreme Court concludes that the petition has been made with mischievous or malafide motives, the Court may order imposition of fine or imprisonment upto one year against the complainant.
(h) On receipt of a recommendation from the Supreme Court under clause (b)(iv) supra, the Prime Minister shall immediately recommend the removal of the member(s) or Chairperson of Lokpal to the President, who shall order the removal of the said member(s) or Chairperson within a month of receipt of the same.

Powers and Functions of Lokpal
8. Functions of Lokpal: (1) the Lokpal shall be responsible for receiving:

(a) Complaints where there are allegations of acts of omission or commission punishable under the Prevention of Corruption Act
(b) Complaints where there are allegations of misconduct by a government servant,
(c) Grievances
(d) Complaints from whistleblowers
(e) Complaints against the staff of Lokpal
(1A) It shall be the prime duty of Lokpal to ensure the integrity of its own staff and employees, whether temporary or otherwise. Lokpal shall be competent and empowered to take all actions to ensure that.
(2) The Lokpal, after getting such enquiries and investigations done as it deems fit, may take one or more of the following actions:
a. Close the case, if prima facie, the complaint is not made out, or
b. Initiate prosecution against public servants as well as those private entities, which are parties to the act
c. Recommend imposition of appropriate penalties under the relevant Conduct Rules
Provided that if a government servant is finally convicted under the Prevention of Corruption Act, the penalty of dismissal shall be recommended on such government servant.
d. Order cancellation or modification of a license or lease or permission or contract or agreement, which was the subject matter of investigation.
e. Blacklist the concerned firm or company or contractor or any other entity involved in that act of corruption.
f. Issue appropriate directions to appropriate authorities for redressal of grievance as per provisions of this Act.
g. Invoke its powers under this Act if its orders are not duly complied with and ensure due compliance of its orders.
h. Take necessary action to provide protection to a whistleblower as per various provisions of this Act.
(3) Suo moto initiate appropriate action under this Act if any case, of the nature mentioned in clauses (a), (b), (c) or (d) of sub-section (1), comes to the knowledge of the Lokpal from any source.
(4) Issue such directions, as are necessary, from time to time, to appropriate authorities so as to make such changes in their work practices, administration or other systems so as to reduce the scope and possibility for corruption, misconduct, public grievances and whistleblower victimization.
(5) Orders made by Lokpal under sub-section (2)(c) of this section shall be binding on the government and the government shall implement it within a week of receipt of that order.
(6) Section 19 of the Prevention of Corruption Act shall be deleted. Section 6A of Delhi Special Police Establishment Act shall not be applicable to the proceedings under this Act.
(7) Section 197 of CrPC shall not apply to any proceedings under this Act. All permissions, which need to be sought for initiating investigations or for initiating prosecutions under any Act shall be deemed to have been granted once Lokpal grants such permissions.

Political Career for Indian Youth- Draft Jan Lokpal- part 1

Draft Jan Lokpal - Part 1

Jan Lokpal Bill version 2.2

An act to create effective anti-corruption and grievance redressal systems at centre so that effective deterrent is created against corruption and to provide effective protection to whistleblowers.

1. Short title and commencement:- (1) This Act may be called the Jan Lokpal Act, 2010.

(2) It shall come into force on the one hundred and twentieth day of its enactment.

2. Definitions:- In this Act, unless the context otherwise requires,-

(1) “Action” means any action taken by a public servant in the discharge of his functions as such public servant and includes decision, recommendation or finding or in any other manner and includes willful failure or omission to act and all other expressions relating to such action shall be construed accordingly;

(2) “Allegation” in relation to a public servant includes any affirmation that such public servant-
(a) has indulged in misconduct, if he is a government servant;
(b) has indulged in corruption
(3) “complaint” includes any grievance or allegation or a request by whistleblower for protection and appropriate action.
(4) “corruption” includes anything made punishable under Chapter IX of the Indian Penal Code or under the Prevention of Corruption Act, 1988;
Provided that if any person obtains any benefit from the government by violating any laws or rules, that person along with the public servants who directly or indirectly helped that person obtain those benefits, shall be deemed to have indulged in corruption.
(5) “Government” or “Central Government” means Government of India.
(6) “Government Servant” means any person who is or was any time appointed to a civil service or post in connection with the affairs of the Central Government or High Courts or Supreme Court either on deputation or permanent or temporary or on contractual employment but would not include the judges.
(7) “grievance” means a claim by a person that he could not get satisfactory redressal according to citizen’s charter and despite approaching Public Grievance Officer of that Department;
(8) “Lokpal” means
a. Benches constituted under this Act and performing their functions as laid down under various provisions of this Act; or
b. Any officer or employee, exercising its powers and carrying out its functions and responsibilities, in the manner and to the extent, assigned to it under this Act, or under various rules, regulations or orders made under various provisions of this Act.
c. For all other purposes, the Chairperson and members acting collectively as a body;
(8A) “Minor penalty” and Major penalty” shall mean the same as defined in CCS Conduct Rules.
(9) “Misconduct” means misconduct as defined in relevant Conduct Rules and which has vigilance angle.
(10) "public authority" means any authority or body or institution of self- government established or constituted—
a. by or under the Constitution;
b. by any other law made by Parliament;
c. by notification issued or order made by the Government, and includes any body owned, controlled or substantially financed by the Government;
(11) “Public servant” means a person who is or was at any time,-
(a) the Prime Minister;
(b) a Minister;
(c) a Member of Parliament;
(d) Judges of High Courts and Supreme Courts;
(e) a Government servant;
(f) the Chairman or Vice-Chairman (by whatever name called) or a member of a local authority in the control of the Central Government or a statutory body or corporation established by or under any law of the Parliament of India, including a co-operative society, or a Government Company within the meaning of section 617 of the Companies Act, 1956 and members of any Committee or Board, statutory or non-statutory, constituted by the Government;
(g) includes all those who are declared as “public servants” in section 2(c) of Prevention of Corruption Act 1988.
(h) Such other authorities as the Central Government may, by notification, from time to time, specify;
(12) “Vigilance angle” includes –
(a) All acts of corruption
(b) Gross or willful negligence; recklessness in decision making; blatant violations of systems and procedures; exercise of discretion in excess, where no ostensible/public interest is evident; failure to keep the controlling authority/superiors informed in time
(c) Failure/delay in taking action, if under law the government servant ought to do so, against subordinates on complaints of corruption or dereliction of duties or abuse of office by the subordinates
(d) Indulging in discrimination through one’s conduct, directly or indirectly.
(e) Victimizing Whistle Blowers
(f) Any undue/unjustified delay in the disposal of a case, perceived after considering all relevant factors, would reinforce a conclusion as to the presence of vigilance angle in a case.
(g) Make or undertake an unfair investigation or enquiry either to unduly help those guilty of corruption or incriminate the innocent.
(h) Any other matter as notified from time to time by the Lokpal
(13) “Whistleblower” is any person, who faces the threat of
(a) professional harm, including but not limited to illegitimate transfer, denial of promotion, denial of appropriate perquisites, departmental proceedings, discrimination or
(b) physical harm, or
(c) is actually subjected to such harm;
because of either making a complaint to the Lokpal under this Act, or for filing an application under the Right to Information Act, 2005 or by any other legal action aimed at preventing or exposing corruption or mal-governance.

3. Establishment of the institution of Lokpal and appointment of Lokpal:

(1) There shall be an institution known as Lokpal which shall consist of one Chairperson and ten members along with its officers and employees.

(2) The Chairperson and members of Lokpal shall be selected in such manner as laid down in this Act.
(3) A person appointed as Chairperson or member of Lokpal shall, before entering upon his office, make and subscribe before the President, an oath or affirmation in the form as prescribed.
(4) The Government shall appoint the Chairperson and members of the first Lokpal and set up the institution with all its logistics and assets within six months of enactment of this Act.
(5) The Government shall fill up a vacancy of the Chairperson or a member caused due to
a) Retirement, 3 months before the member or the Chairperson retires.
b) Any other unforeseen reason, within a month of such vacancy arising.

Chairperson and Members of Lokpal

4. The Chairperson and members of Lokpal not to have held certain offices- The Chairperson and members of Lokpal shall not be serving member of either the Parliament or the Legislature of any State and shall not hold any office or trust of profit (other than the office as Chairperson or member) or carry on any business or practice any profession and accordingly, before he enters upon his office, a person appointed as the Chairperson or member of Lokpal shall-

(i) if he holds any office of trust or profit, resign from such office; or
(ii) if he is carrying on any business, sever his connection with the conduct and management of such business; or
(iii) if he is practicing any profession, suspend practice of such profession.
(iv) If he is associated directly or indirectly with any other activity, which is likely cause conflict of interest in the performance of his duties in Lokpal, he should suspend his association with that activity.
Provided that if even after the suspension, the earlier association of that person with such activity is likely to adversely affect his performance at Lokpal, that person shall not be appointed as a member or Chairperson of Lokpal.

Political Career for Indian Youth- Government constitutes committee to curb the generation of Black Money

Government of India constitutes Committee to Curb Black Money
Committee constituted under chairman, CBDT to examine ways to strengthen laws to curb the generation of black money in the country, its illegal transfer abroad and its recovery.
The Government has constituted a Committee under the Chairmanship of Chairman, Central Board of Direct Taxes (CBDT) to examine ways to strengthen laws to curb the generation of black money in the country, its illegal transfer abroad and its recovery.
The Committee includes Member (L&C), CBDT,
Director, Enforcement Directorate(ED),
Director General, Directorate of Revenue Intelligence (DRI),
Director General (Currency),
Joint Secretary (FT&TR), CBDT,
Joint Secretary, Mol, Director,
FIU- IND, all as its Members.
The Commissioner of Income Tax (CIT)(Inv),CBDT would be its Member Secretary.
The Committee will examine the existing legal and administrative framework to deal with the menace of generation of black money through illegal means including, inter alia,
(a) Declaring wealth generated illegally as national asset;
(b) Enacting/amending laws to confiscate and recover such assets; and
(c) Providing for exemplary punishment against its perpetrators.
The Committee will also consult all the stakeholders and submit its report within a period of six month


.

Political Career for Indian Youth- Lokpal- an anti corruption and prevention measures

Lokpal

Towards a basket of Anti Corruption and Grievence Redress Measures

The purpose of this exercise is to present to the government a well thought out and widely discussed set of measures that could be adopted to prevent and control corruption, especially at high places, and to effectively redress grievances, thereby hoping that they become less frequent. Such measures could include the enactment of one or more laws in order to create the required institutions and authorities, the amendment of existing laws and practices, and the strengthening of existing institutions.

The concerns and issues that need to be kept in mind while formulating the anti-corruption and grievance redress measures include:

1. Avoiding the concentration of too much power, especially unaccountable power, in any one institution or authority.

2. Ensuring that no one institution is so large that its management and control becomes a problem.

3. Avoiding the centralization of functions, instead promoting decentralization, geographically and across levels.

4. Recognising that if a core system has been corrupted, there is no option but to clean it up. Setting up a parallel decision making process is unlikely to help and such a parallel system is likely to itself get corrupted.

5. In any case, initial complaints must lie with each public authority, and they must be given an opportunity of setting their own house in order. Only appeals against what are seen as unsatisfactory responses should come to the proposed independent bodies.

6. Institutions and authorities should not be overwhelmed but should be so designed that they can deliver results within a reasonable time frame.

7. The basic framework of the Constitution need not be challenged and solutions could be found that are within the framework of the Constitution.

8. In order to ensure that the proposed institutions and authorities are themselves credible and not prone to mutual back-scratching, circular powers of oversight must be avoided where institutions and authorities oversee each other’s functioning and integrity.

9. In order to ensure efficacy and independence of an institution, it must be given adequate powers and resources to both investigate complaints and prosecute cases.

10. The institutions must be financially, administratively and legally independent of those whom it is called upon to investigate and prosecute.

11. Irrational constraints to the power to investigate or prosecute should not be allowed.

12. However, institutions and processes must be fair to both the complainant and the accused, and ensure that the honest officer is not harassed through this system.

13. Each institution itself must be accountable in the same manner that it seeks to make other institutions accountable.

14. Appointments to these institutions must be done transparently and in a participatory manner, so as to minimize the chances of the wrong sorts of people getting in.

15. The functioning of each of these institutions and authorities must also be transparent, while protecting whistle blowers and respecting legitimate privacy and other concerns, as laid out in the RTI Act. Enhances efforts, under Section 4 and even outside, need to be made to ensure platforms for citizens’ information systems as well as interventions where citizens can make informed choices.

16. The window of opportunity currently available, because of the widespread public sentiment against corruption, must be respected and fully utilized to bring in these measures as soon as possible.

17. Different approaches from Citizens’ Charter towards building a comprehensive set of entitlements for citizens, both in service delivery as well as democratic rights, are required. This in any case should be a bottom up approach

18. Social audits and its lessons emerging from the grassroots- particularly under the statutory requirement under the MGNREGA, need to be studied so that the same principles can be applied to much larger and higher levels of decision making. In other words, how can there be public audits of Government expenditure in large contracts such as the 2G. In addition, policy decisions also need to be audited, not just as part of the Pre Legislative Process but also de facto, to review their impact.

Following from these principles, some or all of the following measures can be considered.

1. Amending the existing, or drafting a new, Lokpal and Lokayukta bill, to set up a Lokpal for the Central Government and a Lokayukta in each of the states, that would receive and investigate complaints about corruption relating to all elected representatives, including the Prime minister, Chief Ministers, Central and state Ministers, MPs, MLAs, MLCs, elected councilors, etc, and to prosecute those against whom sufficient evidence is found. They would also have the power to investigate and prosecute any civil servant or any other individual who is co-accused in any complaint where one of the accused is an elected representative.

2. Amending the Judicial Accountability and Standards Bill, that is currently before the government, to ensure that the judiciary is also made effectively and appropriately accountable, without compromising its independence from the executive or the integrity of its functions.

3. Strengthening the institution of the CVC by removing the “single directive” and providing the institution of the CVC with adequate investigative and prosecutor powers and resources. Creating similar independent institution for each of the states.

4. Drafting an act that provides for the setting up and functioning of grievance redress commissions at the centre and in each of the states, with powers to have detailed citizen’s charters prepared for each public authority, and to ensure that the obligations of each public authority, as laid down in the citizen’s charter, is fulfilled. The Grievance Redress Commissions could be linked to the RTI Act and also to recent laws (in Delhi and Madhya Pradesh) providing for the imposition of penalty on officials who do not meet the prescribed time frames for providing services to the public. The experience of the Delhi Grievance Redress Commission could also be instructive.

5. To deal with corruption complaints and grievances at the district and sub-district level, especially in the rural areas, special powers will have to be given to the Lokayukta, the proposed state Vigilance Commissions, and the Grievance Redress Commissions. They would have to institutionalize social audits and develop other decentralized strategies, so that complaints and grievances could be dealt with speedily and in a decentralized, participatory and transparent manner.

6. Though each of these institutions and authorities will function transparently and will have to be accountable to the public for their actions (and inactions) through strong and effective accountability measures, they will also each have a provision and an obligation to protect whistle blowers, both from within and outside the government.

An option that can be considered is that only one law be enacted that would contain all these proposed institutions and measures. However, the institutions must be separate and independent of each other.

Political Career for Indian Youth - whispers about Corruption

We are a nation where we talk in hushed whispers about the corruption in the country and then dig

Confused Nation ???

WORTH A QUICK READ !!!

A nation where Rice is Rs.40/- per kg and a SIM Card is free

Where a pizza you have ordered reaches home faster than an ambulance or police, even if you were being murdered or having a heart attack

Where a car loan is charged at 5% but an education loan, so necessary for our youth is charged an interest of 12%

A nation where students with 45% get into elite institutions through the quota system and those with 90% are sent away because of merit.

Where a millionaire buys a cricket team, spending crores instead of donating the money to any charity. Where two IPL teams were auctioned at 3300 crores, yet still a poor country where people starve for two square meals per day.

A country where footwear is sold in AC showrooms, but the vegetables we eat, are sold on the footpath and very often next to garbage dumps.

Where everybody wants to be famous, not by doing good for others, but by looting others and finally getting their names in the newspapers through some scam or other!

It’s a strange nation we live in, where complex buildings get ready within a year while public bridges, flyovers and sea links take several years even to get off the drawing board and another decade to be completed

We have malls, and sky-rises, with slums forming their boundary wall.

A country where men and women squat on railway tracks, with no where else to go while watching them from windows, are couples with three bathrooms and one for the guests

A country where politicians who are supposed to serve the people accept money from the same people they are supposed to serve, then take a salary from the government for their services to the people

We are a nation where we talk in hushed whispers about the corruption in the country and then dig into our pockets to bribe a cop when we are caught cutting a red light