Why changes of version 2.3 of lokpal bill are dangerous ?

यहाँ पूरे जन्लोक्पल ड्राफ्ट पर चर्चा करें (केवल 2 पेज के पर्चे पर नहीं) ; Please discuss here on FULL Janlokpal draft (not just the 2 page pamphlet)

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janta mat
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Joined: Sat Feb 19, 2011 3:17 pm

Why changes of version 2.3 of lokpal bill are dangerous ?

Post by janta mat » Thu Jun 23, 2011 10:27 am

Please download the latest version, 2.3 from here-

http://www.box.net/shared/tyqqc9d0rl8xgglqxpmj

Quoting selected clauses from the same here. Please give your comments. Will respond later.
"Chapter IV (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."
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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 an...y 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.
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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 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 init...iate 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.
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.
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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 Cor...ruption 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.
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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.
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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.

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