31 January 2013

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Lokpal Bill becomes weaker government cleared new revised Lokpal Bill

 List of 14 amendments cleared by Union Cabinet regarding Lokpal Bill
Following are the amendments cleared by Union Cabinet regarding Lokpal Bill
Lokpal Bill becomes weaker government cleared new revised Lokpal Bill
Congress Government today cleared the new revised Lokpal Bill.

The Union Cabinet has approved the proposals submitted by the Department of Personnel & Training for moving official amendments to the Lokpal and Lokayuktas Bill, 2011 as reported by the Select Committee of Rajya Sabha.

The Lokpal and Lokayuktas Bill, 2011 was passed by the Lok Sabha on 27 December 2011. The Bill was taken up for discussion and passing in the Rajya Sabha on 29.12.2011. Discussions remained inconclusive.

Thereafter, the Rajya Sabha adopted a motion on 21.05.2012 to refer the Bill to a Select Committee of the Rajya Sabha for examination and report.

The Select Committee submitted its report to the Rajya Sabha on 23.11.2012. The Select Committee has, in its Report, made recommendations suggesting amendments to Clause 3(4), 4(1 )(e), 14(1)(g), 14(1)(h), 20(1), 20(2), 20(3), 20(5), 20(6), 20(7), 20(8), 23, 25, 37, 46, 63-97 and Part-II of the Schedule. The Committee has also recommended consequential amendments in other provisions of the Bill as may be necessary.

Significantly, the Committee has recommended to do away with Part-III of the Bill, which deals with setting up of the Lokayukta in the States.

The Committee has recommended replacement of Part-Ill of the Bill with a new Section 63, which provides for setting up of the institution of Lokayukta through enactment of a law by the State Legislature within a period of 365 days from the date of commencement of the Act. Government has decided to accept this recommendation.

(a)
In clause 3(4) of the Bill (dealing with disqualifications for becoming Member of Lokpal), the Select Committee has recommended that the words "connected with any political party" may be replaced by the words "affiliated with any political party", so as to overcome the ambiguity associated with the word "connected with any political party'".
Government has decided to accept this recommendation.

(b)
In clause 4(1 )(e) of the Bill (composition of the Selection Committee for selection of Lokpal), the Select Committee has recommended that the fifth member of the Selection Committee (i.e., eminent jurist) may be nominated by the President on the basis of recommendation of the first four members of the Selection Committee
I.    Prime Minister,
II.    Speaker (Lok Sabha),
III.    Leader of Opposition (Lok Sabha)
IV.    Chief Justice of India
Government has decided to accept this recommendation.

(c) The Select Committee has recommended exclusion of bodies and institutions receiving donations from the public from the purview of Lokpal.
Since bodies receiving donations from the public were also covered in the original Lokpal Bill, 2011 and the Department related Parliamentary Standing Committee had also endorsed this inclusion and had additionally, recommended the inclusion of entities receiving donations from foreign sources under the Foreign Contributions Regulation Act (FCRA), Government has decided not to accept this recommendation and seek an official amendment in the Bill as reported by the Select Committee.

However, having regard to Section 10(23BBA) of the Income Tax Act (regarding exemption of income of bodies /authorities established under Central or Provincial Act for administration of public religious or charitable trusts or endowments or societies for religious or charitable purposes registered under Societies Registration Act), Government has decided to exempt only such bodies or authorities established, constituted or appointed by or under any Central or State or Provincial Act providing for administration of public religious or charitable trusts or endowments or societies for religious or charitable purposes registered under the Societies Registration Act.

(d) In clause 20(1) of the Bill, the Select Committee has recommended that the Lokpal should be given the power to order an investigation straightaway (without first ordering a preliminary inquiry) in case Lokpal finds that a prima facie case exists.
Government has decided to accept this recommendation subject to the modification that the Lokpal should, before coming to a conclusion that there exists a prima facie case for entrusting the matter for investigation, call for the explanation of the public servant, and only then decide whether there exists a prima facie case for ordering investigation.

(e) The Committee has recommended that in clause 20(2) of the Bill, the seeking of comments from the public servant during the preliminary inquiry should not be mandatory and has accordingly suggested the addition of the word "may" in the said clause.

As the affording of an opportunity to the public servant and to the government/competent authority at this stage, would help clear doubts in several cases and would substantially reduce the number of cases going for regular investigation.

Government has decided to oppose this recommendation of the Select Committee and move an official amendment for the purpose.

Similar recommendation of the Select Committee to dispense with opportunity of hearing to the public servant before ordering regular investigation by the Lokpal in clause 20(3) of the Bill is also proposed not to be accepted.

(f)
The Select Committee has recommended that the power to grant sanction for prosecution of public servants could be shifted to the Lokpal in place of the Government.
The Select Committee has also recommended that Lokpal may be required to seek comments of the competent authority and the public servant before taking such decision.
Government has decided to accept this recommendation.

(g)
The Select Committee has recommended a number of amendments in the Bill with a view to strengthening the Central Bureau of Investigation (CBI), including
(i) the setting up of a Directorate of Prosecution headed by a Director of Prosecution under the overall control of Director, CBI,
(ii) the appointment of the Director of Prosecution on the recommendation of the Central Vigilance Commission,
(iii) maintenance of a panel of advocates by CBI, other than Government Advocates, with the consent of the Lokpal for handling Lokpal referred cases,
(iv) transfer of officers of CBI investigating cases referred by Lokpal with the approval of Lokpal,
(v) provision of adequate funds to CBI for investigating cases referred by Lokpal, etc.

Government has decided to accept all these recommendations except one. i.e. seeking approval of Lokpal for transfer of officers of CBI investigating cases referred by Lokpal, as it would, in Government's view, affect the smooth functioning of the CBI.


UPA Government rejected the key demand bring the Central Bureau of Investigation (CBI) under the purview of the anti-graft body.

The amended draft leaves the appointment of Lokayuktas to the states.

The draft bill leaves it to the states to nominate the state Lokayukta.

The amended Lokpal bill has made it mandatory for the states to set up their own lokayuktas, or anti-corruption ombudsmen, within a year of the bill coming into effect.

States that the Bill will only be applicable to states that give consent.  Part III of the Bill gives details of the constitution of Lokayuktas in the states.

The Chairperson or members of the Lok Pal shall not be connected with any political party.

An eminent jurist nominated by the President shall be one of the members of the Lok Pal.

False and frivolous complaints  -

Penalty is imprisonment for a maximum term of 1 year and a fine of up to Rs 1 lakh.  Does not apply to complaints made on good faith (as defined in IPC).


Regarding Investigation power of lokpal -

On receipt of a complaint, Lok Pal shall first decide whether to proceed on the matter.  If it decides to do so, it shall order a preliminary inquiry by the Inquiry Wing or any other investigative agency.
During inquiry, comments of the public servant and competent authority shall be obtained.
A 3-member bench of the Lok Pal shall decide if a prima facie case exists after receiving the inquiry report.  The concerned public servant shall be given an opportunity of being heard.
The investigative agency shall submit the investigation report to the Lok Pal, which shall be considered by a 3-member Lok Pal bench before filing a charge-sheet or
initiating disciplinary proceedings against the public servant.
If the Lok Pal decides to file charge-sheet, it shall direct its Prosecution Wing to initiate prosecution in the Special Court.

Removeal of Lokpal -

The President may remove a member after a Supreme Court inquiry. The Court may inquire based on a reference
from the President (a) on his own accord or (b) on a citizen’s petition or (c) on a petition signed by 100 MPs.
The President may suspend a member if a reference has been made to the Supreme Court against him.


Religious and charitable institutions have been exempted.

Political parties too will be kept out of Lokpal.

The government has not accepted recommendation that an official facing an inquiry by the Lokpal should not be given an opportunity to be heard at the stage of the preliminary inquiry.

As per new Lokpal, bill Public servants will get the right to present their view to the Lokpal.

Because of above provision now before filing a FIR a corrupt servant will be ask and he will be given a chance to explain his position.

Why they want a chance, for a simple twitter comment we Indian citizens do not get any opportunity to explain.

For simple Facebook like or comment, we Indian citizens do not get any chance to explain.

Here about corruption cases, the public servant will get the chance to explain his position after that FIR will be filed.

UPA government did not fulfill the promises made to the Anna Hazare the second Gandhi of India.

Now revised weak Lokpal bill will be presented in Upper House in Budget Session.

Reality views by sm –

Thursday, January 31, 2013

Tags – Lokpal Bill Weak bill

6 comments:

BK Chowla, January 31, 2013  

Let's face facts..Govt will never allow a strong LPB for reasons known too well.

MEcoy January 31, 2013  

sound fishy to me

rudraprayaga February 01, 2013  

Only amendments.No implementation.