Sunday 21 August, 2011

janlokpal bill as drafted by team anna

Institution of
Jan Lokpal at central govt level
Jan Lokayukta in each state

Correspondingly Jan Lokpal to accept corruption complaints against Central govt dept and Jan Lokayukta against state govt dept

Each will have 10 members and 1 chairperson

Will be completely Independent

Politicians and bureaucrats will not able to interfere in their functioning

Will get whatever financial resources they require and will be empowered to select and employ any number of employees from within the government or outside.

Present System - Despite Evidence, No Punishment

Proposed System - Jan Lokpal and Jan Lokayukta will ensure punishment for corruption… by:

Time bound investigations
Investigation to be completed within 1 year
May employ more staff to complete within time

After investigation if proven guilty following 2 actions shall be taken:

Power to dismiss corrupt officers
If complaint is proved, can remove a govt officer or impose departmental penalties
Time bound trial
Will file a case in trial court
Trial in the court to complete & announce punishment
within next 1 year
May direct the govt to set up additional courts to
complete the trial in time

Recovery of loss caused to govt
During investigations, they shall ban transfer of assets of the accused
At the time of conviction, the court will assess the loss caused to the govt
Entire loss to be recovered from the assets of the accused

Currently no such provision
in our existing laws

Provision for:
Confiscation of Assets
Each bureaucrat, politician and judge to submit their statement of moveable and immoveable assets every year
This will be declared publicly, on the official website

Provision for:
Confiscation of Assets
If an asset is found to be owned by a public servant later and undeclared, it will be deemed to be obtained through corruption
After each election, assets declared by each candidate to be verified
If undeclared assets are found, a case will be registered
And most importantly Jan Lokpal and Jan Lokayukta have:
Power to punish if its orders are not followed
Can impose financial penalties on the guilty officials.
Initiate contempt proceedings against the guilty officials

Common man is compelled to pay bribe
Jan Lokpal and Jan Lokayukta will provide relief to the common as:
Each govt dept will have to make Citizen’s Charter
Charter specifies who does what job and in how much time
Eg. charter will tell X officer will make ration card in Y days

If Charter is not followed, then people can complain to the Head of that department who will be designated as the Public Grievance Officer (PGO)

PGO will redress the complaint within 30 days maximum
If PGO doesn’t satisfy the complainant, then a complaint can be made to the Vigilance officer of Jan Lokpal and Jan Lokayukta.

When a complaint is made to Jan Lokpal or Jan Lokayukta, it will be deemed to have corruption angle.
If PGO doesn’t satisfy the complainant, then a complaint can be made to the Vigilance officer of Jan Lokpal and Jan Lokayukta.

When a complaint is made to Jan Lokpal or Jan Lokayukta, it will be deemed to have corruption angle.

How to ensure that there is
no corruption within
Jan Lokpal or Jan Lokayukta

Selection process for the members and Chairperson of Jan Lokpal and Jan Lokayukta has been kept transparent and participatory

Selected by a Selection Committee comprising:
Prime Minister
Leader of the opposition in Lok Sabha
2 youngest judges of Supreme Court (SC)
2 youngest Chief Justices of High Courts
Comptroller and Auditor General (CAG)
Chief Election Commissioner (CEC)
When the Selection Committee chooses, those CECs and CAGs are ineligible to become part of Search Committee:
who have any substantive allegation of corruption against them
who have joined any political party after retirement
who are still in any government appointment
Selection committee will choose from this list, by consensus

All the meetings of the Search Committee and Selection Committee shall be video recorded and will be made public.

Jan Lokpal and Jan Lokayukta will select & appoint its own officers and staff

The Chairperson and members of Lokpal and Lokayukta will not be eligible for appointment to any position in the govt or for contesting elections after they leave office.
Complaints against Staff like the Public Grievance Officers, Vigilance Officers, Chief Vigilance Officers will be made to Jan Lokpal or Jan Lokayukta
Enquiry of complaint within 1 month
If the allegation proved, Jan Lokpal or Jan Lokayukt will dismiss him from job in the next 1 month
Criminal case will be registered under various sections of Indian Penal Code and Prevention of Corruption Act
Complaints against members and chair person of Lokpal and Lokayukta:
Will be made to Supreme Court or respective High Court through a petition
A five judge bench of respective Court, will hear the petition
After hearing may order the formation of a Special Investigation Team (SIT)
SIT will have to conduct inquiry and submit its report within 3 months
On the basis of this enquiry report, the respective Court may order removal of the member or Chairperson.

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