Sunday 28 August 2011

Biography of Anna Hazarae

Anna Hazare: How an army truck driver became Gandhian activist


Khemkaran, September 1965. An Indian military convoy rumbles towards the fighting zone. Suddenly, two Pakistani Sabre jets drop out of the sky and scream in to attack. As bombs begin exploding around him, Kishan Baburao Hazare, driving a truck full of soldiers, speeds up. But when a splinter grazes his forehead, he ducks below the dashboard and jams on the brakes with his hands. The windscreen shatters and bullets riddle the man sitting next to Hazare. The 25-year-old driver tumbles out of his truck and prays fervently as the two Sabres strafe the convoy again. When they finally disappear, dozens of jawans lie dead. Of the few survivors, only Hazare escapes serious injury. "You saved me, God," Hazare says, over and over again. "But why?"
At the village of Ralegaon Siddhi, I discovered why God saved Baburao Hazare. In the 1970s, Ralegaon Siddhi wasn't very different from hundreds of other villages in this arid part of Maharashtra's Ahmadnagar district. With water available only during the monsoons, its farmers could barely grow one crop a year, and 70 percent of the village's 315 families lived in abject poverty. Indeed, Ralegaon Siddhi's most distinctive feature was its 40 illicit distilleries that made the village a popular haunt for drunks and gamblers. Thefts and brawls were commonplace.
Since he returned to Ralegaon Siddhi in 1975, Hazare has spearheaded a movement that has changed all this for ever. Today, Ralegaon Siddhi is brisk and prosperous. Signs of rural modernity abound. Its fields are heavy with grain; there's a bank, a boarding school, biogas plants; some of its farmers drive around on mopeds. Even more remarkable is the social transformation that Hazare has wrought. No one drinks in Ralegaon Siddhi. Only a handful smoke. There hasn't been a crime here in years. Even the practice of untouchability has weakened. "Thanks to Hazare," said the former Collector of Ahmadnagar, Rajiv Agarwal, "scores of other villages here and in neighbouring districts look to Ralegaon for inspiration."
It's hard to believe that Hazare could be responsible for all this. He's a short, thin, mild-looking fellow; the kind of person you wouldn't look at twice. Nor is his background the stuff from which leaders are supposed to be made. The son of a poor farmer, Hazare never got beyond the seventh class in school. As a young man his fiery temper constantly got him into trouble: once he had the Bombay police after him when he beat up a cop who had been harassing hawkers.
He was known as a troublemaker in the army too. Soon after he enlisted, he discovered that a senior officer was embezzling mess funds. He publicly questioned the officer -  and was posted to far-off NEFA as a punishment.
The story of Hazare's transformation began in 1964 at a Delhi railway station bookstall after he bought a book on Swami Vivekananda.
Enthralled by the great sage's life and by his dictum that the noblest thing a man can do is work for the good of others, Hazare avidly began reading religious texts and biographies of social reformers. And after his escape from the Sabre jets at Khemkaran, Hazare became a vegetarian, gave up cigarettes and liquor, and vowed to remain a bachelor devoting himself to public service.
A worthy cause, he realized, lay right in front of him: The upliftment of his own village, Ralegaon Siddhi. During his annual visits home, Hazare had been appalled by its steady deterioration - even the village temple had become badly run down. "If I could re-build the temple," Hazare said to himself, "more people might think of God and lead better lives." But he didn't have the money; nor could he leave the army just yet - to qualify for a pension he had to serve for several years more.
Finally, in August 1975, Hazare returned to Ralegaon after retiring from the army. His service benefits amounted to Rs20,000 and he planned to spend the money rebuilding the village temple. He hired carpenters and masons, and helped them lay bricks and lug wood.
Few people paid him any attention at first. But as the temple neared completion, the villagers began changing. Some offered to donate wood; many volunteered their labour. "This taught me one thing," Hazare says. "If people are convinced that you are not selfish, they're on your side."
Among those who joined Hazare were a few young men. They called him "Anna" - big brother - and listened with fascination to his dream of transforming their village. Gradually, more youths joined the group, and Hazare suggested they form a Tarun Mandal [youth club].
One night, a few Tarun Mandal members rushed to the temple with the news that some drunks from a neighbouring village had beaten up Gulab Bhalekar, a 40-year-old Ralegaon farmer, because he had not saluted them. Anna seized the opportunity to call a village meeting at which he lashed out against drinking, illicit distilling and gambling. "I'm warning all distillers here," he said. "Shut shop!"
Some distillers, fearing Anna and his boys, readily complied. Others had their liquor dens smashed up. But Hazare was not content with simply putting an end to the illegal distilling. "You can drink elsewhere," he told villagers. "But if anyone here is found drunk, he'd better watch out."
He soon proved he meant business. A few days later when three men returned to Ralegaon drunk after a binge in a nearby village, Hazare had them tied to the temple pillars and personally flogged them with his army belt.
Anna Hazare is unfazed by criticism of such behaviour. "Rural India is a harsh society," he says, "if you want change, it's sometimes necessary to be tough." Indeed, no one I met at Ralegaon holds Hazare's harshness against him. "I was a miserable drunk nine years ago," said 44-year-old Haribhau Mapari, a Ralegaon farmer. "But after being thrashed, I've not touched a drop of liquor. Anna saved me."
Though drink had blighted the lives of Ralegaon Siddhi's residents, Hazare soon realized that a far more important reason for the villagers' misery was lack of work. In fact, because many of the villagers had worked for the bootleggers, shutting down the distilleries had, ironically, made several families even poorer. As he wondered what could be done, Hazare chanced upon a newspaper article about a state government scheme that provided manual labour jobs on public works projects. He and the Tarun Mandal boys quickly rounded up about 200 villagers who needed work and got jobs for all of them.
This taught Hazare another important lesson: The government runs a number of rural development schemes, but because they were poorly publicized, illiterate villagers rarely get to hear about them. By finding out what schemes existed and studying them carefully, Hazare could help villagers take advantage of them.
Accordingly, Hazare decided to find out as much as he could about these development projects. He haunted government offices, talked to every bureaucrat he could, read several newspapers and built up files on government development schemes. "He was extraordinarily persistent," recalled M.D. Sukhatme, executive engineer in Ahmadnagar's irrigation department. "I remember him at one meeting, sitting on the floor, listening intently to a technical discussion on water management."
Since Ralegaon suffered from acute water scarcity, Hazare was especially interested in irrigation techniques. Reading about a successful water conservation project near Purandhar, about 100 kilometres away, Anna studied the system and got engineers to draw up plans for a similar facility at Ralegaon. And by persuading villagers to do much of the work themselves, he got the facilities built at the lowest possible cost. "Building the temple had taught villagers the benefits of working together," says Hazare. "Since then shramdan [self-help] has been our way of life."
Today, much of Ralegaon's farmland is irrigated. Agricultural incomes have increased remarkably, and very few villagers live below the poverty line. Not only have living standards risen, dozens of villagers are now free of debt. "I was able to pay back Rs40,000 in debts that I'd accumulated over the years," farmer Nana Auti told me proudly, "Since then I've also built a new house."
Ralegaon's self-help efforts are not always looked upon kindly. Once, after the villagers decided they wanted a high-school and constructed a 10-room building themselves, the government refused to provide money for running it. Anna soon discovered the reason: a powerful local politician, annoyed because he'd received no votes in Ralegaon in a recent election, was taking revenge.
Hazare, however, was undeterred. He hired ten teachers, offering them free food and housing in lieu of wages, and got the school going. Then he systematically began to lobby officials both at district headquarters in Ahmadnagar and at the state secretariat in Bombay, 350 kilometres away.
To keep expenses down during his Bombay trips, Hazare slept on newspapers spread out on bus station floors, and bathed in the sea. But for one year, despite 20 visits to Bombay and innumerable more to Ahmadnagar, nothing happened. "Finally," Hazare says, "I decided I'd had enough." He descended on Ahmadnagar's Zilla Parishad office one morning with 250 villagers and announced that they were all going on a hunger strike. Within hours, officials in Bombay sent an assurance that the money would be made available.
Today the school is run on military lines. "That's where I learnt some discipline," says Hazare. Students have to jog and exercise daily, and take extra courses in English which, insists Hazare who knows very little of the language himself, "is essential to understand modern science."
Hazare has tried to modernize age-old social customs too. The Ralegaon Tarun Mandal organizes group marriages thrice a year. Nobody has to spend more than Rs1000; poor families don't have to pay anything at all. Ralegaon group weddings have become so popular that even girls from neighbouring villages are sometimes married off there.
Untouchability, too, is beginning to lose its force in Ralegaon. Today, the village's Harijans share the community water tanks with caste Hindus and eat with them at the group marriages. At the village's annual cattle festival, it's been a convention to give a Harijan's bullocks pride of place.
All such progress, Hazare believes, must be based on a deep religious faith. Today, as in the very beginning, the village temple is the heart of Hazare's movement. Anna himself lives there, in a small room cluttered with files and documents. All day long, the temple is crowded with people attending prayer sessions, religious discourses, and meetings.
The changes in Ralegaon have stimulated people in neighbouring areas to do something about their villages, too. Raghunath Thange, 29,  gave up his headmaster's job at a high school near Ahmadnagar and is now engaged in closing down distilleries in villages. "We're following in Anna's footsteps," he says. "Thanks to him we know what to do."
Anna wants a lot more for Ralegaon including industries that will keep Ralegaon's educated youths from leaving the village. As always, he rarely has a spare moment, especially with people from other villages coming to him constantly to discuss their problems or to invite him to address public functions. While I was with him two Muslims youths from neighbouring Sirur town wanted him to talk at a meeting celebrating the Prophet's birthday. Anna accepted readily. When they left he told me, "I don't know much about the Prophet, but I'll give them my message -  that to change our nation we have to change our villages, and to do that we have to change ourselves."
Anna Hazare was a relatively unknown figure when this article was first published in 1986. Since then, Hazare has won innumerable awards and honours including the Padma Bhushan. Today, he is nationally known for his many crusades, especially against corruption. It was largely due to him that Maharashtra's Right to Information Act was passed and then amended in 2006. Meanwhile, Ralegaon Siddhi has become a model  for many other villages in the country.

Anna Hazare - Biography & Facts About Anna Hazare


Anna Hazare is widely hailed today as the man who has moved an entire nation to register strong protest
against corruption. His struggle in the lokpal agitation has brought several powerful and influential people to
task. Anna Hazare is playing a very important role in cleaning up the corruption in Indian polity.
This article gives the details of the life and struggle of this 73-year-old man who has caught the bull by the
horn, literally! He has used peaceful tractics to shake all those who are ruling or planning to rule the nation.
His thoughts are pure, so corruption does not stand a chance in front of him. The politicians and bureaucrats
are afraid of this frail man who has opened a Pandora's box through his hunger strike.
Anna Hazare Biography
Kisan Bapat Baburao Hazare born on 15 January 1940, popularly recognized as Anna Hazare, is an Indian
social activist who is particularly acknowledged for his contribution in order to the development of Ralegan
Siddhi, a village in Ahmednagar district, Maharashtra, India and his efforts for establishing it as a model
village, for which he was awarded the Padma Bhushan by Government of India, in 1992.
Anna Hazare is one of India's well-acclaimed social activists. He calls himself fakir, a man who has no family,
no property, no bank balance, and wears only khadi. Anna Hazate starts an agitation; every leader from
Mumbai to Delhi sits up and takes notice. His small frail body has taken several blows from the countless
agitations, tours and hunger strikes he has undertaken since he came in public life in 1975. He fought to
make Relegan Siddhi a model village; Right to Information (RTI) implemented; and now fighting for the
Page 1/4
PDF generated by PHPKB Knowledge Base Script
implementation of the 'Jan Lokpal Bill'. Today, Anna Hazare is regarded as "The Gandhi of 21st century".
Anna has served as a soldier for 15 years in Indian Army. He enlisted after the 1962 Indo-China war when
the government exhorted young men to join the Army. At times, Hazare used to be frustrated with life and
wondered about the very existence of human life. His mind yearned to look out for a solution to this simple
and basic question. His frustration reached the peak level and at one particular moment, he also
contemplated suicide. He had also written a two page essay on why he wants to live no more. He was
influenced in his search after accidently coming across a book by Swami Vivekananda at a New Delhi railway
station. He was inspired by Vivekananda's photograph on the cover. As he started reading the book, he found
answers to all his questions, he says. The book revealed to him that the ultimate motive of human life should
be service to humanity. Striving for the betterment of common people is equivalent to offering a prayer to the
God, he realized.
In 1978, he took voluntary retirement from the 9th Maratha Battalion (army service) and returned home to
Ralegaon Siddhi, a village in Maharashtra's drought-prone Ahmadnagar. He was 39 years old at that time. A
former soldier in the Indian army, Anna is well known and respected for upgrading the ecology and economy
of the village of Ralegan Siddhi which is located in the drought prone Ahmednagar district of Maharashtra
state. The erstwhile barren village has metamorphosed into a unique model of rural development due to its
effective water conservation methods, which made the villagers self-sufficient. Earlier, the same village
witnessed alcoholism, utter poverty and migration to urban slums. Inspired by Hazare's unique approach of
salvaging a hopeless village, the state government has implemented the "Model Village" scheme as part of
its official strategy. Hazare is now synonymous with rural development in India.
"The dream of India as a strong nation will not be realised without self-reliant, self-sufficient villages, this can
be achieved only through social commitment & involvement of the common man. Building concrete jungles
does not mean development as Gandhiji had rightly said. Surely, one needs to live for oneself and the family
but simultaneously one owes something to your neighbour, your village and your nation too.", Anna Hazare.
Anti-corruption Movement
Indians have seen many revolutions some of which were respected the world over. This latest revolution
would transform India; and the world shall bow before its amazing power and people, yet again. Corruption is
the order of the day and Anna Hazare has picked up the broom to clean up this mess implementing Jan
Lokpal Bill which is an anti-corruption bill. Anna Hazare is the face of India's fight against corruption. He has
taken that fight to the corridors of power and challenged the government at the highest level. People, the
common man and well-known personalities alike, are supporting him in the hundreds swelling to the
thousands.
Anna Hazare, the 73-year-old activist is at the center of the standoff between India’s government and civil
society over the terms of an anti-corruption law, draws inspiration from a leading light of India's spiritual
renaissance in the late 19th century, Swami Vivekananda.
Page 2/4
PDF generated by PHPKB Knowledge Base Script
Anna Hazare Facts
Here is a list of facts about the life and activities of Anna Hazare.
1. His actual name is Kisan Bapat Baburao Hazare, popularly known as Anna Hazare.
2. His birth date is 15 January 1940.
3. He is unmarried.
4. He was born in Bhingar village in Ahmednagar district of Maharashtra state in western India to
Baburao Hazare and Laxmi Bai, an unskilled labourer family.
5. He was raised by his childless aunt in Mumbai but could not continue beyond 7th standard and had to
quit midway due to problems.
6. He has two sisters.
7. His organization - the Bhrashtachar Virodhi Jan Andolan (People's movement against Corruption).
8. His tool of protest - hunger strikes.
9. His prime target - politicians.
10. Anna Hazare started his career as a driver in the Indian Army in 1963 heeding patriotic calls by the
government after Indian forces were defeated in a border war with China.
11. In the year 1965, Pakistan attacked India and at that time, Hazare was posted at the Khemkaran
border. On November 12, 1965, Pakistan launched air attacks on Indian base and all of Hazare's
comrades became martyrs.
12. During the mid-1970s he was involved in a road accident while driving.
13. In 1978, he took voluntary retirement from the 9th Maratha Battalion.
14. During his 15-year tenure as a soldier, he was posted to several states like Sikkim, Bhutan,
Jammu-Kashmir, Assam, Mizoram, Leh and Ladakh and braved challenging weathers.
15. He gained wide acclaim in his home state and at the national level for transforming his once
drought-prone, impoverished village to a prosperous model village by encouraging sustainable
farming and rural life as envisioned by Mahatma Gandhi.
16. Government has awarded Mr. Hazare with the Padma Bhushan and Padma Shri awards, the nation's
third and fourth highest civilian awards respectively, for his social work.
17. Mr. Hazare lives on his pension from army service in a room in the temple in his village and says his
campaigns are financed by voluntary donations by his supporters.
18. He is always seen in white clothes with a traditional Indian cap (Gandhi Topi).
19. Anna Hazare never got any grant from Government of India.
20. Anna Hazare has given his life for the benefit of India.
21. He got the home in his village but he has not entered in that house from last 35 years.
22. In 1995-96, he forced the Sena-BJP government in Maharashtra to drop two corrupt Cabinet
Ministers.
23. In 2003, he forced the Congress-Nationalist Congress Party (NCP) state government to set up an
investigation against four ministers.
24. In April 2011, four days of fasting brought thousands of people out in support of his crusade against
corruption. They also made the government realise it could not be dismissive about Anna Hazare and
his mass appeal.
25. He fought from the front to have Right to Information (RTI) implemented.
26. Mr. Hazare is leading the anti-corruption movement that demands establishment of a stronger
ombudsman than envisioned by the government.
27. He is fighting for the implementation of the Jan Lokpal Bill, the anti-corruption bill drafted by his team
of crusaders.
28. He has termed the current civil society's movement against corruption as "India's second freedom
struggle," and has asked all Indians to participate.
Page 3/4
PDF generated by PHPKB Knowledge Base Script
Various Awards Won By Anna Hazare
Anna Hazare has won the following awards:
1. Indira Priyadarshini Vrikshamitra award by the Government of India on November 19, 1986 from the
hands of Prime Minister of India Rajiv Gandhi.
2. Krishi Bhushana award by the Government of Maharashtra in 1989.
3. Padmashri award, by the Government of India in 1990.
4. Padmabhushan award, by the Government of India in 1992.
5. On April 15 2008, Anna Hazare received the World Bank's 2008 Jit Gill Memorial Award for
Outstanding Public Service.
6. Care International of the USA, Transparency International, Seoul (South Korea).
7. He received awards worth Rs 25 lakh and donated the entire amount for the Swami Vivekananda
Kritadnyata Nidhi (social gratitude fund). Out of the two lakh rupees received from the above amount,
mass marriages are carried of at least 25-30 poor couples every year.
Page 4/4
PDF generated by PHPKB Knowledge Base Script

ஊழலுக்கு எதிரான போராட்டம் தொடரும்: ஹசாரே


28 Aug 2011 12:32:36 PM IST

புதுதில்லி, ஆக.28: அமைப்புமுறையில் ஒரு மாற்றம் ஏற்படும்வரையில் ஊழலுக்கு எதிரான போராட்டம் தொடரும் என அண்ணா ஹசாரே தெரிவித்தார்.
ஊழலுக்கு எதிராக உண்ணாவிரதம் இருந்துவந்த ஹசாரே 288 மணி நேர உண்ணாவிரதத்துக்குப் பிறகு இன்று தனது உண்ணாவிரதத்தை முடித்துக்கொண்டார்.
ஜன்லோக்பால் மசோதா தொடர்பாக நாடாளுமன்றம் முடிவெடுக்க வைத்தது மக்கள்சக்திதான் என அவர் மக்களுக்கு நன்றி தெரிவித்தார்.
சரியான ஜனநாயகம் என்பது மக்களின் கைகளுக்கு அதிகாரம் வருவதுதான் என அவர் குறிப்பிட்டார்.
ஊடகத்தினருக்கும் நன்றி தெரிவித்த ஹசாரே, அவர்களின் பங்களிப்பால்தான் ஊழலுக்கு எதிரான போராட்டம் பெரிய அளவில் வெற்றிபெறுவது சாத்தியமானது என்றார்.
ஏழைகளின் கல்வி, சுற்றுச்சூழல் பாதிப்பு உள்ளிட்ட விவகாரங்களிலும் கவனம் தேவைப்படுகிறது என ஹசாரே வலியுறுத்தினார்.
நான் அண்ணா என்ற வாசகங்கள் அடங்கிய குல்லா மட்டுமே உங்களை அண்ணாவாக்காது. உங்கள் வாழ்க்கை முறையில் மாற்றம் தேவை. கறைபடியாத வாழ்க்கையை வாழுங்கள். தூய எண்ணங்களுடன் இருங்கள். அன்பு மற்றும் சகிப்புத்தன்மையை கற்றுக்கொள்ளுங்கள் என அண்ணா ஹசாரே கூறினார்.

உண்ணாவிரதத்தை முடித்தார் அண்ணா ஹசாரே


2011 12:21:31 PM IST

புதுதில்லி, ஆக.28: தில்லி ராம்லீலா மைதானத்தில் கடந்த 13 நாட்களாக உண்ணாவிரதம் இருந்துவந்த அண்ணா ஹசாரே 288 மணிநேர உண்ணாவிரதத்துக்குப் பிறகு இன்று தனது உண்ணாவிரதத்தை முடித்துக்கொண்டார்.
இதை மக்கள் சக்திக்கு கிடைத்த வெற்றியாக அவரது ஆதரவாளர்கள் நாடுமுழுதும் கொண்டாடி வருகின்றனர்.
அண்ணா ஹசாரேவின் 3 முக்கிய கோரிக்கைகளை ஏற்பதாக நாடாளுமன்றம் நேற்று அறிவித்ததையடுத்து அவர் இன்று தனது உண்ணாவிரதத்தை முடித்துக்கொண்டார்.
ஐந்து வயதுடைய சிறுமிகள் இருவர் ஹசாரேவுக்கு இளநீரும், தேனும் வழங்கி அவரது உண்ணாவிரதத்தை முடித்துவைத்ததனர்.
உண்ணாவிரதத்தை முடித்த அண்ணா ஹசாரே, பொதுமக்கள் அளித்த ஆதரவுக்காக அவர்களுக்கு நன்றி தெரிவித்துக்கொண்டார்.
மேலும் விழிப்புணர்ச்சியை ஏற்படுத்தியதற்காக ஊடகத்தினருக்கும் அவர் நன்றி தெரிவித்தார்.

மருத்துவமனையில் அண்ணா ஹசாரே

புதுதில்லி, ஆக.28: 12 நாள் உண்ணாவிரதத்தை முடித்துக்கொண்ட மருத்துவ பரிசோதனைக்காக குர்காவோனில் உள்ள மேதாந்தா மருத்துவமனைக்குக் அழைத்துச் செல்லப்பட்டார்.

மேதாந்தா மருத்துவமனையில் டாக்டர்கள் குழு ஒன்று அவரது உடல்நிலையை தீவிரமாக கண்காணித்து வருகிறது.
ஆகஸ்ட் 16-ம் தேதி உண்ணாவிரதம் தொடங்கியதில் இருந்து இன்றுவரை அவர் 8 கிலோ எடை குறைந்துள்ளார்.
இன்று காலை 10.20 மணியளவில் ஹசாரே தனது உண்ணாவிரதத்தை முடித்துக்கொண்டார். 2 சிறுமிகள் இளநீர் கொடுத்து அவரது உண்ணாவிரதத்தை முடித்துவைத்தனர்.

Wednesday 24 August 2011

Proposed Jan Lokpal Bill placed by team Anna



THE JAN LOKPAL BILL 2011
STATEMENT OF OBJECTS AND REASONS
In his foreword to the UN Convention Against Corruption, the then Secretary General of the United Nations, Mr. Kofi Annan wrote, “Corruption is an insidious plague that has a wide range of corrosive effects on society. It undermines democracy and the rule of law, leads to violations of human rights, distorts markets, erodes the quality of life and it allows organized crime, terrorism and other threats to human security to flourish.
This evil phenomenon is found in all countries, big and small, rich and poor – but it is in the developing world that its effects are more destructive. Corruption hurts the poor disproportionately by diverting funds intended for development, undermining the government’s ability to provide basic services, feeding inequality and injustice and discouraging foreign aid and investment. Corruption is a key element in economic underperformance and the major obstacle to poverty alleviation and development”.
The preamble of this Convention which has been signed by India and has been ratified by it, states that this Convention was adopted (on 31st October 2003) because the parties adopting it were “concerned about the seriousness of the problems and the threats posed by corruption to the stability and security of societies, undermining the institutions and values of democracy, ethical values and justice and jeopardizing sustainable development and the rule of law”.
Some of the serious effects of corruption in India were set out in 1993 itself in the N.N. Vohra Committee report, which stated that, “The nexus between the criminal gangs, police, bureaucracy and politicians has come out clearly in various parts of the country. The existing criminal justice system, which was essentially designed to deal with the individual offences/crimes, is unable to deal with the activities of the Mafia; the provisions of law in regard economic offences are weak….The various crime Syndicates/Mafia organisations have developed significant muscle and money power and established linkages with governmental functionaries, political leaders and others to be able to operate with impunity”.
Corruption has indeed assumed alarming proportions and it is clear that the existing anti-corruption institutions have failed to tackle the menace and it has therefore become imperative to address the problems which plague the effectiveness of existing anti-corruption institutions and laws.
Article 6 (2) of UNCAC provides that “each state party shall grant the body (anti corruption institution) or bodies referred to in paragraph 1 of this article, the necessary independence, in accordance with the fundamental principles of its legal system, to enable the body or bodies to carry out its or their functions effectively and free from any undue influence. The necessary material resources and specialized tasks, as well as the training that such staff may require to carry out their functions should be provided”.
This bill provides for the constitution of a Lokpal Authority which will be independent of the public officials and public authorities that it will be empowered to investigate and prosecute. Such independence is sought to be provided both by way of a broad based and transparent selection process as well as by functional autonomy. The bill, therefore, provides that the Lokpal shall have the authority to select its own staff and also ensure that such staff is adequate to handle complaints of corruption, misconduct as well as grievances. Corruption always involves misconduct and gives rise to grievances. These are inter-related. The existing vigilance machinery and the existing grievance redressal machinery also suffer from the problem of conflict of interests where vigilance officers and grievance redressal officers are unrealistically expected to exercise vigilance over their own bosses or those who exercise administrative control over them. The bill, therefore, provides that the vigilance machinery and the grievance redressal machinery also be brought under the supervisory control of an independent Lokpal.
Article 7 (4) of UNCAC provides that “each state party shall, in accordance with the fundamental principles of their local law, endeavour to adopt, maintain and strengthen systems that promote transparency and prevent conflicts of interests”. These are the principles on the basis of which powers of investigation and prosecution for corruption, enquiry and punishment for misconduct are required to be entrusted to an independent authority which would have no conflict of interests.
Article 8 (2) of UNCAC provides that “in particular, each state party shall endeavour to apply within its own institutional and legal systems, codes or standards of conduct for the correct, honourable and proper performance of public functions”. In accordance with these principles, the bill provides that each public authority shall prescribe a citizen’s charter for the performance of its public functions for which it would be held accountable to the independent Lokpal authority.
Article 8 (5) of the UNCAC provides that “each state party shall endaevour, where appropriate and in accordance with the fundamental principles of its domestic laws, to establish measures and systems requiring public officials to make declarations to appropriate authorities regarding, inter-alia, their outside activities, employment, investment, assets and substantial gifts or benefits from which a conflict of interest may result with respect to their functions as public officials”.
Article 8 (6) provides that “each state party shall consider taking, in accordance with the fundamental principles of its domestic law, disciplinary or other measures against public officials who violate the codes or standards established in accordance with this Article”.
Article 12 dealing with the private sector obliges each state party to take measures for “promoting transparency amongst private entities, including where appropriate, measures regarding the identity of legal and natural persons involved in the establishment and management of corporate entities; preventing the misuse of procedures regulating private entities including procedures regarding subsidies and licenses granted by public authorities for commercial activities; preventing conflicts of interests by imposing restrictions as appropriate and for a reasonable period of time, on the professional activities of former public officials or on the employment of public officials by the private sector after their resignation or retirement, where such activities or employment relate directly to the functions held or supervised by those public officials during their tenure”.
Article 13 of the UNCAC dealing with participation of society provides “each state party shall take appropriate measures within its means and in accordance with the fundamental principles of its domestic law to promote the active participation of individuals and groups outside the public sector, such as civil society, non-government organizations and community based organizations in the prevention of and the fight against corruption and to raise public awareness regarding the existence, causes and gravity of and the threat posed by corruption. This participation shall be strengthened by such measures as: enhancing the transparency of and promoting the contribution of the public to decision making processes; ensuring that the public has effective access to information”.
Article 34 of UNCAC provides that “with due regard to the rights of third parties, acquired in good faith, each state party shall take measures, in accordance with the fundamental principles of its domestic laws, to address consequences of corruption. In this context, state parties may consider corruption a relevant factor in legal proceedings to annul or rescind a contract, withdraw a concession or other similar instrument or take any other remedial action”.
In accordance with all the above principles enunciated in the UNCAC, the powers of investigation and prosecution of public officials for corruption and disciplinary action for corruption against government officials are sought to be brought under an independent Lokpal authority. In addition, violation of the citizen’s charter which is akin to a code of conduct, would also be enquired into by the vigilance machinery under the Lokpal. Other ancillary powers such as freezing of assets acquired by public servants by corrupt means are also sought to be conferred on this authority. The integrity of the authority and the anti-corruption/vigilance machinery under its control is sought to be achieved by mandating transparency in its functioning and public participation, wherever possible. The accountability of the Lokpal itself would be to the Supreme Court, which would have the authority to enquire into and order the removal of members of the Lokpal. The officials under the Lokpal will be accountable to independent complaints authorities apart from the Lokpal itself. Judicial review over the actions of the Lokpal by the High Courts under Article 226 and the Supreme Court under Article 32 and 136 would further ensure the accountability of the Lokpal.
Lokpal Bills have been successively introduced in Parliament for the last 42 years but aborted each time for various reasons. An effective, independent and empowered Lokpal institution is a need for which the country cannot wait any longer. This Bill seeks to achieve this objective.
JAN LOKPAL BILL 2011
A Bill to establish an independent authority to investigate offences under the Prevention of Corruption Act, 1988 to detect corruption by expeditious investigation and to prosecute offenders and to ensure timely redressal of certain types of public grievances and to provide protection to whistleblowers.
Be it be enacted by Parliament in the Sixty-first Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1.(1)This Act may be called the Jan Lokpal Act, 2011.
(2)It shall come into force on 120th day of its securing assent from the President of India.
2.Definitions:
In this Act, unless the context otherwise requires:-
(a)“Board” means the Chairman and the other members of the Lokpal Collectively.
(b)“Complaint” means an allegation of corruption or a request by whistleblower for protection and appropriate action.
(c ) “Lokpal” means and includes,
(i)Benches constituted under this Act and performing functions under this Act;
(ii)Any officer or employee performing under this Act,
(iii)The Board in rest of the cases;
(d)“Lokpal Bench” means a Bench of 2 or more members of the Lokpal acting together in respect of any matter in accordance with the regulations. Each bench shall have a member with legal background.
(e) “Act of corruption” includes -:
i) anything made punishable under Chapter IX of the Indian Penal Code or under the Prevention of Corruption Act, 1988; which would also include any offence committed by an elected member of a house of legislature even in respect of his speech or vote inside the house.
ii) willfully giving any undue benefit to any person or obtaining any benefit from any public servant in violation of any laws or rules,
iii) victimization of a whistleblower or a witness.
iv) repeated violation of citizen’s charter by any public servant.
(f) “Full bench” means a bench with seven members with or without the Chairperson
(g)“Government Servant” means a public servant, who is not an elected representative or a judicial officer.
(h)“Grievance” means a claim by a person that he could not get satisfactory redressal according to a citizens’ charter despite approaching a Grievance Redressal Officer of that Department;
(i)“Judicial officer” means the officers appointed under section 22 of this Act.
(j) “Penalty” under this Act means punishment of dismissal, removal or reduction in rank
(k)“Public authority” means any authority or body or institution of self-governance established or constituted –
i) by or under the Constitution; or
ii) by or under any other law made by the Parliament, or a state legislature
iii) by notification issued or order made by the Government, and includes any body owned, controlled or substantially financed by the Government;
(l)“Public servant” shall have the same meaning as defined in section 2(c) of Prevention of Corruption Act 1988.
(m)“Whistleblower” means any person, who provides information about corruption in a public authority or is a witness or victim in that case or who faces the threat of
(i) professional harm, including but not limited to illegitimate transfer, denial of promotion, denial of appropriate perquisites, departmental proceedings, discrimination or
(ii)physical harm, or
(iii)is actually subjected to any 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. Notwithstanding anything in any other Act or Law the provisions of this Act shall prevail and to the extent that the provisions of this Act are repugnant to any other provision in any other Act or law, the provisions in other Acts or laws shall stand amended to the extent of such repugnancy.
CHAPTER II
ESTABLISHMENT OF LOKPAL
4. (1)Immediately after the commencement of this Act, the Central Government by a Notification shall establish an institution known as Lokpal, who would have administrative, financial and functional independence from the government.
(2)The Lokpal shall consist of a Chairperson and 10 other members and various officers under them at different levels to perform such functions as are assigned to them under this Act.
(3)The Chairperson and the 10 members of the Lokpal shall be appointed by the President on the recommendation of a Selection Committee.
(4) The following shall not be eligible to become Chairperson or Member of Lokpal:
Any person, who is not a citizen of India, or
Any person, against whom charges were ever framed by any court of law for any offence involving moral turpitude, or
Any person, who is less than 45 years in age, or
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.
(5) At least four members of Lokpal shall have a legal background.
Explanation: “Legal Background” means that the person should have held a judicial office in the territory of India for at least ten years or should have been an advocate in a High Court or the Supreme Court for at least fifteen years.
(6)The Selection Committee shall consist of the following:-
(i)The Prime Minister of India, who will be the Chairperson of the Selection Committee.
(ii) The Leader of the Opposition in the Lok Sabha
(iii) Two judges of Supreme Court of India and two permanent Chief Justices of the High Courts selected by collegium of all Supreme Court judges
(v) The Chief Election Commissioner of India
(vi)The Comptroller & Auditor General of India
(vii) All previous Chairpersons of Lokpal.
(7)The Selection Committee shall select the Chairperson and the other members of the Lokpal from out of a short list prepared by the Search Committee. The Chairperson shall be a person with extensive knowledge of law.
(8)A Search Committee shall consist of 10 members. 5 of its members shall be selected by the Selection Committee from amongst the retired Chief Justices of India, the retired Chief Election Commissioners and the retired Comptroller and Auditor Generals with impeccable reputation of integrity, who have not joined any political party after retirement and who are not holding any office under any government. The 5 members so selected shall, through consensus, co-opt another 5 members from the Civil Society in the search committee.
(9)The Search Committee before preparing the short list will invite nominations from such eminent individuals or such class of people, whom they deem fit, for the position of Chairperson or the members of the Lokpal.
(10)Only persons with impeccable integrity and record of public service particularly in the field of fighting corruption shall be eligible for being considered for nomination.
(11) The recommendations about nominees should, interalia, contain details of any allegations faced by that candidate under any law, details of his work against corruption in the past, reasons why that person is suitable for the job and any other material that the search committee may decide.
(12) The search committee, using any other means, shall collect as much information about the background and past achievements of these candidates.
(13)Such nominations as are received shall be put on a web site for inviting comments from the people with regard to the suitability or otherwise of the nominees.
(14)The Search Committee after taking into consideration the comments/information received from the public shall prepare, preferably through consensus, the short list of 3 times the number of persons to be appointed as members of the Lokpal.
(15)Any nominations to which objections are raised by any 3 members of the Search Committee shall not be included in the short list.
(16)Before sending the short list to the Selection Committee, the Search Committee will get the names of the short listed persons put on a public web site to enable people to send any relevant information/comments about the shortlisted persons.
(17)The Selection Committee shall, after considering all relevant information about the short listed candidates, select the required number of persons preferably through consensus. However, a person shall not be selected if 3 members of the Selection Committee disapprove such names.
(18)The Selection Committee after selecting the persons to be appointed as members or Chairperson of the Lokpal shall ascertain their willingness to serve as members or Chairperson, as the case may be, before recommending the names to the President.
(19) The Government shall fill up a vacancy of the Chairperson or a member 3 months before the member or the Chairperson is due to retire. If the vacancy arises due to unforeseen reasons, it shall be filled within three months of such vacancy arising.
(20) The Officers in the Lokpal shall be appointed by the Board or any other authority designated by the Regulations whether on a permanent basis or on a temporary basis.
(21) The Chairperson or members of Lokpal shall not be serving member of either the Parliament or the Legislature of any State and shall not hold any office 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 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, or
(iv)if he is associated directly or indirectly with any other activity, which is likely to 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.
(22)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 that ,-
(a)the Chairperson or member of Lokpal may, by writing under his hand addressed to the President, resign from his office;
(b)the Chairperson or member may be removed from office in the manner provided in this Act.
(23)There shall be paid to the Chairperson and each member a salary equal to that of the Chief Justice of India and that of the judge of the Supreme Court respectively;
(24)The allowances and pension payable to and other conditions of service of the Chairperson or a member shall be such as may be prescribed by the government;
Provided that the allowances and pension payable to and other conditions of service of the Chairperson or a member shall not be varied to his disadvantage after his appointment.
(25)The Chairperson and members of Lokpal shall not be eligible for appointment to any position in the Government of India or the government of any State or any such body which is funded by any of the Governments or for contesting elections to Parliament, State Legislature or local bodies.
5.The Lokpal shall select and appoint a Secretary to the Lokpal who will have the rank of Secretary to the Government of India. He shall be competent to authenticate all orders passed by the Lokpal.
CHAPTER III
POWERS AND FUNCTIONS OF THE LOKPAL AND ITS OFFICERS
Functions of Lokpal:
6.The Lokpal shall have the following functions and powers
a) to exercise superintendence over the investigation of offences involving any act of corruption.
b) to give directions to the investigating officers for the purpose of proper investigation of such offences.
c)after completion of investigation in any case involving an allegation of an act of corruption, to impose punishment of dismissal, removal or reduction in rank against government servants after giving them reasonable opportunities of being heard.
d) to ensure that the public grievances covered by this Act are redressed in a time bound manner
e) to initiate prosecution before a Special Court established under the Prevention of Corruption Act, 1988
f) to ensure the proper prosecution of cases before a Special Court established under the Prevention of Corruption Act, 1988.
g) to provide by rules for the terms and conditions of service including the allowances and pension payable to the officers and staff of the Lokpal.
h) to authorize a Bench of the Lokpal to issue letters-rogatory in relation to any case pending investigation under this Act.
i) to receive complaints from whistle blowers.
j) to receive complaints against any officer or staff of Lokpal.
k) to recruit investigating officers and other officers and staff and get them trained in modern methods of scientific investigation.
(l)to appoint judicial officers, prosecutors and senior counsels.
(m) to acquire modern equipment necessary for proper investigation.
n) to attach property and assets acquired by corrupt means and to confiscate them in certain cases as provided under this Act.
(o) to recommend cancellation or modification of a lease, license, permission, contract or agreement, if it was obtained by corrupt means and to recommend blacklisting of a firm, company, contractor or any other person, involved in an act of corruption. The public authority shall either comply with the recommendation or reject the same within a month of receipt of recommendation. In the event of rejection of its recommendation, the Lokpal may approach appropriate High Court for seeking appropriate directions to be given to the public authority.
p)to ensure due compliance of its orders by imposing penalties on persons failing to comply with its orders as provided under this Act.
q) to initiate suo moto appropriate action under the Act on receipt of any information from any source about any corruption.
r) to make recommendations to public authorities, in consultation with them, to make changes in their work practices to reduce the scope for corruption and whistleblower victimization. The concerned authority shall send its compliance report to Lokpal within two months specifying detailed reasons, wherever they choose to reject any of the recommendations.
s) to prepare a sentencing policy for the offences under Prevention of Corruption Act and revising it from time to time.
t) to ensure that the time limits mentioned in this Act are strictly adhered to.
u) to ensure the integrity of its functionaries and impose punishments of dismissal, removal and reduction in rank against.
v) to require any public authority to render any specific help required by the Lokpal.
w) to prepare an appropriate reward scheme to encourage complaints from within and outside the government to report acts and evidence of corruption.
Provided that the total value of such reward shall not exceed 10% of the value of the loss recovered or loss prevented.
(x) to inquire into the assets declaration statements filed by all successful candidates after any election to any seat in any House of the Parliament.
(x) Such other functions as may be necessary for the proper implementation of this Act.
Powers of officers under Lokpal
7. (1)The Investigating Officers of Lokpal authorized to investigate offences under the Prevention of Corruption Act 1988 shall have all the powers which are vested in a Police Officer while investigating offences under the Code of Criminal Procedure, as well as the powers conferred on the director of enforcement under the Foreign Exchange Management Act, 1999 as well as under the Prevention of Money Laundering Act, 2002.
(2)The members of Lokpal or any officer under the Lokpal while exercising any powers under the Act shall have the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, and in particular, in respect of the following matters :
(a)summoning and enforcing the attendance of any person from any part of India 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 other documents; and
(f)any other matter which may be prescribed
(3)All members of the Lokpal and all officers of the Lokpal superior in rank to an Investigating Officer may exercise the same powers as may be exercised by such Investigating Officer.
(4) A Lokpal bench may punish a public servant with imprisonment up to 6 months or with fine or both, if he fails to comply with its order for ensuring their compliance
(5) If during the course of investigation into a complaint, the Lokpal feels that continuance of a government servant in that position could adversely affect the course of investigations or that the said government servant is likely to destroy or tamper with the evidence or influence the witnesses or is likely to continue with corruption, the Lokpal may issue appropriate directions including transfer of that government servant from that position.
(6) The Lokpal may, at any stage of investigation under this Act, direct by an interim order, appropriate authorities to take such action as is necessary, to prevent the public servant from secreting the assets allegedly acquired by him by corrupt means;
(7) While investigating any offence under Prevention of Corruption Act 1988, Lokpal shall be competent to investigate any offence under any other law in the same case.
(8) If during any investigation under this act, the Lokpal is satisfied that any preventive action is necessary in public interest to prevent the ongoing incidence of corruption, it may make any recommendation to the public authority concerned to stay the implementation or enforcement of any decision or take any such action as is recommended by the Lokpal. The public authority shall either comply with the recommendation of the Lokpal or reject the same within 15 days of the recommendation thereof. In the event of rejection of its recommendation, the Lokpal may approach the appropriate High Court for seeking appropriate directions to be given to the public authority.
8. For the purposes of investigation of offences related to acts of corruption, the appropriate Bench of the Lokpal shall be deemed to be designated authority under Section 5 of the Indian Telegraph Act empowered to approve interception and monitoring of messages of data or voice transmitted through telephones, internet or any other medium as covered under the Indian Telegraph Act read with Information and Technology Act 2000 and as per rules and regulations made under the Indian Telegraph Act 1885.
Issue of search warrants:
9. (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 proceedings to be conducted by him;
It may by a search warrant authorize any 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, enter and search any building or place where he has reason to suspect that such property, or document, is kept;
(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.
CHAPTER IV
PROCEEDINGS OF LOKPAL
10. (1)The Lokpal may regulate the procedure for the transaction of its business or that of its officers as also allocation of its business amongst the different benches of Lokpal.
(2).No act or proceeding of the Lokpal shall be invalid merely by reason of :
(a)any vacancy in, or any defect in the constitution of Lokpal ;
(b)any defect in the appointment of a person acting as a member of Lokapl ; or
(c)any irregularity not affecting the merits of the case
(3) All policy level decisions including formulation of regulations, assignment and delegation of functions and powers shall be taken by the Board in accordance with regulations.
(4) A complaint by any person may be made in the form of a First Information Report as provided under the Code of Criminal Procedure which will not require any payment of fee or affidavit and could be sent to any office of the Lokpal and shall not be rejected merely on the basis of motive or intention of the complainant.
(5) The investigation in any case shall not be closed by the investigating officer without recording reasons for such closure.
(6) The hearings in any proceedings before the Lokpal shall be held in public except in exceptional circumstance where it is not in public interest to do so and the reasons for the same shall be recorded in writing before those proceedings are held in camera. The hearings held in public shall be video recorded and shall be made available to the public on payment of copying cost.
CHAPTER V
ACCOUNTABILITY OF LOKPAL
Removal of Chairperson or members of Lokpal:
11. (1).The Chairperson or any other member of the Lokpal shall only be removed from his office by the President, on the recommendation of the Supreme Court on any of the following grounds after the Supreme Court, on the complaint of any person, held an inquiry and found that he could on such ground be removed :
(a)that he has been guilty of misbehavior; or
(b) that he is unfit to continue in his office by reason of infirmity of mind or body; or
(c) is adjudged an insolvent; or
(d) engages during his term of office in any paid employment outside the duties of his office.
(2) In any such proceeding the Supreme Court may also direct the suspension of such Chairman or member.
(3) On receipt of recommendation from the Supreme Court, the President shall forthwith remove the Chairperson or the member, as the case may be.
(4) Supreme Court shall, as far as possible, make its recommendations within 3 months of receipt of complaint under this section.
(5) If the complaint is frivolous or has been made with malafide intentions, Supreme Court may impose a fine or an imprisonment upto one year or both on the complainant.
Appeals against the orders of Lokpal:
12. Any orders passed by any bench of the Lokpal or any officer of the Lokpal shall be subject to the writ jurisdiction of the High Court under Article 226 of the Constitution of India. Ordinarily, High Courts shall not stay the order. However, if it does, it will have to decide the case within two months, else the stay would be deemed to have been vacated after two months and no further stay in that case could be granted.
Audit of Lokpal:
13. (1) The CAG shall conduct an annual financial and performance audit of the Lokpal.
(2) A Parliamentary Committee shall do an annual appraisal of the functioning of Lokpal. The Lokpal shall submit a compliance report, mentioning detailed reasons where it does not accept the recommendations of this committee, to the Parliament. It shall be placed on the table of the two Houses of Parliament.
Reports of Lokpal:
14. (1) The Chairperson of Lokpal shall present annually a consolidated report in the 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 received during the previous month, list of cases disposed with brief details of each such case, outcome and action taken or proposed to be taken in that case, list of cases which are pending and minutes and records of Board meetings.
CHAPTER VI
ACCOUNTABILITY OF OFFICERS OF LOKPAL
Independent Complaints Authority:
15. (1)In each State, one or more complaints authority would be established by the Lokpal to entertain any complaints against any officer or staff of the Lokpal.
(2)Such complaints authority shall consist of 5 members to be selected and nominated by a Committee of 3 persons consisting of:
i)The Chief Justice of the High Court of the State;
ii)The Chairman of the State Lok Ayukata
iii)The Chairman of the State Human Rights Commission
(3) The Complaints Authority shall be chaired by a retired High Court judge and shall have two retired civil servants and two members of civil society.
(4)The complaints received against any officer or staff of the Lokpal shall be inquired into by the Complaints Authority in a public hearing and shall be decided within 2 months of the receipt of the complaint. The officer or staff of the Lokpal shall be given proper opportunity to tender his defence. If the officer or member is found guilty of misbehavior or dishonest investigation or corruption, the authority may order his dismissal, removal or reduction in rank.
(5)The final orders passed by the Complaints Authority will be subject to the writ jurisdiction of the High Court under Article 226 of the Constitution.
(6)In suitable cases it would also be open to the complaints authority to direct suspension of the officer or staff of the Lokpal.
(7) Lokpal shall provide for the expenses related to the functioning of complaints authority.
(8) Complaints authority shall work in benches in accordance with regulations made under this Act.
Transparency within Lokpal:
16. The Lokpal shall maintain complete transparency in its functioning and shall ensure that full records of any investigation or inquiry conducted under this Act after its conclusion is made public by being put on a public web site.
CHAPTER VII
INVESTIGATION AND PROSECUTION AGAINST HIGH FUNCTIONARIES
17. (1)No investigation or prosecution shall be initiated without obtaining permission from a 7-Member Bench of the Lokpal against any of the following persons:-
i)The Prime Minister and any other member of the Council of Ministers
ii)Any judge of the Supreme Court or any High Court
iii)Any Member of the Parliament
CHAPTER VIII
POWERS OF LOKPAL TO MAKE REGULATIONS
18. (1)The Lokpal may by notification make regulations consistent with this Act to carry out the provisions of this Act.
(2)In particular and without prejudice to the generality of the power contained in sub-section (1) any such regulations may provide for all or any of the following matters, namely:-
a)the creation of different wings in the Lokpal to deal with different subjects like investigation, prosecution and grievances;
b)the conferment of authority on officers at different levels to exercise powers under the Act and to lay down the procedure for any inquiries including those relating to complaints against its officers or members of staff ;
c)periods within which the investigations and inquiries have to be completed
d) To provide for the taking of certain decisions by appropriate benches of the Lokpal by circulation only.
(e) Work norms for each category of officers and staff of Lokpal.
(3)The regulations framed by the Lokpal under this Section shall be laid, as soon as may be after they are issued or made, before each House of Parliament.
CHAPTER IX
REMOVAL OF DIFFICULTIES
19. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, on the recommendation of the Lokpal, by order, not inconsistent with the provisions of this Act, remove the difficulty provided that no such order shall be made after the expiry of a period of 2 years from the date of commencement of this Act.
(2) Every order made under this section shall be laid before each house of Parliament.
CHAPTER X
TIMELY COMPLETION OF INVESTIGATION AND TRIALS FOR CORRUPTION
20. (1)Every investigating officer shall endeavour to complete the investigation of an offence within a period of 6 months but when necessary he may obtain extension of time from a Bench of the Lokpal. In any case the period of investigation shall not extend 18 months.
(2).Every effort will be made by the special courts trying an offence under the Prevention of Corruption Act to complete the trial within a maximum period of 12 months.
(3).To achieve the objective of a speedy trial the Lokpal shall make an annual assessment of the number of special courts required for this purpose and shall make a recommendation to the Government for creating a specific number of special courts which recommendations shall be binding on the Government.
(4) The Chief Justices of High Courts will constitute such number of special benches in respective High Courts to hear cases under this Act, to ensure that an appeal in any case is decided as expeditiously as possible and not later than six months.
(5) The judges of Special Courts and the appellate benches set up by High Courts to hear cases under this Act will deal only with cases under this Act.
CHAPTER XI
WHISTLE BLOWERS
21. (1)Any public official or any other person having information of any corruption in any public authority would be encouraged to send the information confidentially to the Lokpal; and it shall be the duty of the Lokpal to get an inquiry made into such information and if necessary get an investigation made under the Prevention of Corruption Act.
(2).It shall be the duty of the Lokpal to provide full protection to whistle blowers from any physical harm or administrative harassment. Identity of such whistle blowers shall also be protected if the whistle blower so desires.
(3).For achieving this objective it shall be competent for the Lokpal to give suitable direction to any security agencies for providing security as well as to any other authority to ensure that no harassment is caused to such whistle blower.
(4). Orders under this section shall be passed expeditiously and in any case within a month of receipt of complaint. Immediate action will be taken in cases involving a threat of physical victimization.
(5) The investigations in complaints by whistleblowers facing physical or professional victimization shall be fast tracked and completed within three months of receipt of the same.
CHAPTER XII
PENALTIES AND PUNISHMENTS AGAINST CORRUPT PUBLIC SERVANTS
Penalties:
22. (1)After the completion of an investigation against any government servant the Lokpal may either initiate prosecution against such public servant or may initiate proceedings for imposition of penalty or both.
(2) Lokpal shall appoint such officers, who may be retired judges or retired civil servants or such others as may be provided, to act as judicial officers for the purpose of this section, at such terms and conditions as may be provided in regulations.
(3)A bench of judicial officers will conduct an inquiry against such government servant for imposition of penalty in which full opportunity to show cause would be given to such government servant. After conclusion of the inquiry the bench shall also determine the penalty, if any, to be awarded to that public servant. The decision of the bench will be subject to approval by a higher authority prescribed by the Lokpal by through regulations.
(4)The recommendations so approved shall be binding on the appointing authority.
Punishments:
23. (1)For any act of corruption, the punishment shall not be less than six months of rigorous imprisonment and may extend up to imprisonment for life.
(2)The Special Court may take into consideration the higher rank of an accused person to inflict a more severe punishment.
(3) If the beneficiary of an offense is a business entity, in addition to the other punishments provided for under this Act and under the Prevention of Corruption Act, a fine of up to five times the loss caused to the public shall be recovered from the accused and the recovery may be made from the assets of the business entity and from the personal assets of its Managing Directors, if the assets of the accused person are inadequate.
(4) If any company or any of its officer or Director is convicted for any offence under Prevention of Corruption Act, that company and all companies promoted by any of that company’s promoters shall be blacklisted and be ineligible for undertaking any government work or contract in future.
(5) If a public servant is convicted under the Prevention of Corruption Act, such public servant shall stand removed from his office.
24. Wherever Lokpal directs imposition of financial penalty on any officer under this Act to be deducted from his salary, it shall be the duty of the Drawing and Disbursing Officer of that Department to implement such order, failing which the said Drawing and Disbursing Officer shall make himself liable for similar penalty.
CHAPTER XIII
GRIEVANCE REDRESSAL SYSTEM
25. (1) Each public authority shall prepare a specific charter within a reasonable time not exceeding one year from the coming into force of this Act.
(2)Every citizens’ charter shall enumerate the public authority’s commitments to the citizens which are capable of being met within a specific time limit and shall designate the officer whose duty would be to fulfill the commitment of the public authority.
(3) If any public authority does not prepare its citizen’s charter within a year, Lokpal shall notify the citizen’s charter on its own after consulting the public authority and the same shall be binding on that authority.
(4) Each public authority shall make an assessment of the resources required to implement the citizen’s charter and the government shall provide such resources.
(5)Each public authority shall designate an official called Public Grievance Redressal Officer in each station where the public authority has an office, to whom a complaint could be made for any violation of the citizens’ charter.
(6)The Senior most officer of that public authority in that office will be designated as the Public Grievance Redressal Officer.
(7)It shall be the duty of the Grievance Redressal Officer to get the grievance redressed within a period of 30 days from the receipt of the complaint.
(8)In the event of even the Grievance Redressal Officer not getting the grievance redressed within the specific period of 30 days a complaint could be made to the Lokpal.
(9)The Lokpal after hearing the Grievance Redressal Officer would impose suitable penalty not exceeding Rs. 500/- for each day’s delay but not exceeding Rs. 50,000/- to be recovered from the salaries of the Grievance Redressal Officer.
(10)Apart from levying the penalty on the Grievance Redressal Officer, the Lokpal may also in suitable cases recommend to the appropriate authority to have departmental punishment imposed on the Grievance Redressal Officer.
(11)The Lokpal will also issue a direction to an appropriate authority to get such grievances redressed within the time to be fixed by the Lokpal.
(12) Every public authority shall review and revise its Citizens Charter at least once every year through a process of public consultation to be held in the presence of a representative of Lokpal.
(13) Lokpal may direct any public authority to make such changes in their citizens’ charter as are mentioned in that order and that public authority shall make such changes within a month of the receipt of such order.
Provided that such changes shall have to be approved by at least a three member bench of Lokpal.
(14) There shall be at least one officer of the Lokpal in each district to receive grievances who shall be called an Appellate Grievance Officer. However, in such places where there is more concentration of central government offices, there shall be more Appellate Grievance Officers as may be required.
(15) A social audit of each Appellate Grievance Officer shall take place every six months, in which he shall present himself before the public, present the data related to his functioning, respond to public queries and incorporate suggestions from public in his functioning. The public hearing shall be attended by a senior officer from Lokpal.
(16) No case can be closed by Appellate Grievance Officer till the citizen’s grievance is redressed or the case is rejected by the Appellate Grievance Officer.
CHAPTER XIV
BUDGET OF LOKPAL
26. (1)All expenses of the Lokpal shall be charged to the Consolidated fund of India.
(2)The Board shall finalise the Lokpal’s budget in such a manner that it is less than ¼ % of the total revenues of the Government of India.
(3) Lokpal shall not need any administrative or financial sanction from any government agency to incur expenditure.
CHAPTER XV
SEIZURE AND CONFISCATION OF PROPERTY AND RECOVERY OF COMPENSATION FROM CORRUPT GOVERNMENT SERVANTS
27. (1)After a public servant has been found guilty by the Special Court of having committed an offence under the Prevention of Corruption Act, the Court would also determine the assets and properties which have been acquired by such accused person by his corrupt acts.
(2)The Special Court will pass an order for the confiscation of all the assets and properties which it has found to have been acquired by the corrupt acts of the convicted public servants as well as the subsequent accruals on these assets.
(3)The Special Court would also determine whether apart from the above the accused person by his corrupt acts has also caused any loss to the exchequer or any other person and determine the amount of loss so caused. The Court shall make an order levying a fine on the accused persons so convicted for the recovery of the entire loss which his corrupt acts have caused and shall also apportion this amount among the various convicted accused persons to be recovered from them as fines.
(4)During the course of investigation if the Investigating Officer finds any property or asset which appears to have been acquired by the corrupt acts of an accused person who is being investigated, it shall make an order of attachment of those assets so that they are available for confiscation at the time of the conviction of such accused persons. In case the accused person is ultimately acquitted, these attached assets and properties will be restored to him.
CHAPTER XVI
PUBLIC SERVANTS PROPERTY STATEMENTS
28. (1)Every public servant shall within 3 months after the commencement of this Act and thereafter before the 30th June of every year submit to the Head of that public authority in which the said public servant is functioning or to such other authority as may be prescribed, a statement of his assets and liabilities and those of the members of his family which shall include their sources of income, in the format prescribed by the Lokpal.
Explanation : In this Section family of a public servant means the spouse and such children and parents of the public servant and such other people as are dependent on him.
(2)The Head of each public authority shall ensure that all such statements are put on the website by 31st of August of that year.
(3) If it is found that the public servant owns some property which was not disclosed in his statement of assets, that property would be liable to be confiscated by the Lokpal.
(4). If the public servant is found to be in possession or enjoyment of any property which is not shown in his statement of assets, it shall be presumed that it was owned by him unless he proves to the contrary.
CHAPTER XVII
APPLICABILITY AND MODIFICATIONS OF THE PROVISIONS OF CERTAIN OTHER ACTS
29. (1)Section 19(1) and 19(2) of the Prevention of Corruption Act shall be deleted.
(2)Section 6A of the Delhi Special Police Establishment Act shall not be applicable to the proceedings under this Act.
(3)Section 197 of Cr. PC shall not applicable to any proceedings under this Act.
(4) The provisions of sections 105C to 105I of CrPC shall apply to offences under the Prevention of Corruption Act whether or not they are transnational in nature.
(5) Section 389(3) of CrPC shall not apply to offences under Prevention of Corruption Act.
(6) The right to file appeals under section 377 or 378 of CrPC shall be exercised by Lokpal.
(7) Under section 372 of CrPC, the power to file an appeal shall be with the complainant as well.
(8) Notwithstanding anything contained in Section 397 of CrPC, no court shall ordinarily call for records in cases related to trial of offences in Prevention of Corruption Act during any trial by a special court.
Provided that if the court calls for records, the same shall be returned within a month.
(9)Any permission which is required under any law for initiating investigation or initiating prosecution under any Act shall be deemed to have been granted once the Lokpal has granted permission to initiate investigation or prosecution for any offences under the Prevention of Corruption Act.
(10) The power of the Lokpal to investigate offences under the Prevention of Corruption Act shall be with the Lokpal notwithstanding any provision in the Money Laundering Act, 2002.
(11) The jurisdiction of the special courts under the Prevention of Corruption Act, 1988 to try offences under such act shall be with the Special Court notwithstanding any provision in the Money Laundering Act, 2002.
(12) The appropriate Bench of the Lokpal shall be deemed to be the designated authority under Section 5 of the Indian Telegraph Act empowered to approve interseption and monitoring of messages or data or voice transmitted through telephones, internet or any other medium as covered under the Indian Telegraph Act read with Information and Technology Act 2000 and as per rules and regulations made under the Indian Telegraph Act 1885.
(13) Section 4 (4) of Prevention of Corruption Act shall be amended as – “Notwithstanding anything contained in the Code of Criminal Procedure, 1973 a Special Judge shall hold the trial of an offence on day-to-day basis, and shall not grant adjournment for any purpose unless such adjournment is, in its opinion, necessary in the interests of justice and for reasons to be recorded in writing”
CHAPTER XVIII
MISCELLANEOUS PROVISIONS
Punishments for false complaints:
30. (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 to the complaintant.
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.
Provided that if such complaint is against the staff or officers of Lokpal, Lokpal may sentence the complainant to three months of simple imprisonment in addition to fine.
(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.
Provisions to prevent corruption:
31. (1) No government official shall be eligible to take up jobs, assignments, consultancies, etc. with any person, company, or organisation that he had dealt with in his official capacity.
(2) All contracts, public-private partnerships, transfer by way of sale, lease, and any form of largesse by any public authority shall be done with complete transparency and by calling for public tender/auction/bids unless it is an emergency measure or where it is not possible to do so for reasons to be recorded in writing. Any violation of this shall make the contract/largesse void. The details of all such transactions would be put up by the public authority on a public website.
(3) All contracts, agreements or MOUs known by any name related to transfer of natural resources, including land and mines to any private entity by any method like public-private partnerships, sale, lease or any form of largesse by any public authority shall be put on the website within a week of being signed.
Merger of anti-corruption branch of CBI into Lokpal:
32. (1) The part of the Delhi Special Police Establishment, dealing with investigation and prosecution of offences under the Prevention of Corruption Act, 1988, shall stand transferred, alongwith its employees, assets and liabilities to the Lokpal. The Central Government shall cease to have any control over the transferred part and its personnel.
(2) Such part of Delhi Special Police Establishment, which has been transferred above, shall form part of the Investigation Wing of Lokpal.
(3) The salaries, allowances and other terms and conditions of services of the personnel transferred above shall be the same as they were immediately before the commencement of this Act.
(4) All cases which were being dealt by that part of Delhi Special Police Establishment, which has been transferred, shall stand transferred to Lokpal.
Immunity to bribe giver in certain cases:
33. Any bribe giver may be granted immunity from prosecution by the special court if he voluntarily and gives timely information to the Lokpal about the giving of bribe by him with entire evidence for the purpose of getting the concerned bribe taker/public servant caught and convicted, provided he also relinquishes all the illegitimate benefits which he had received by the giving of that bribe. If the information provided by such bribe giver is subsequently found to be false, the immunity could be withdrawn by the special court.
(This draft provides only for the Lokpal for central public servants. Similar provisions for Lokayuktas in the States to deal with public servants of the State will have to be incorporated in the bill)