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Editor: NAGARAJA.M.R… VOL.6 issue. 6…… 08/02/2012
Editorial : Enact JANLOKPAL - An Appeal to Honourable Prime Minister of India , GOI
We have suffered enough due to corruption. We are deeply hurt and disappointed with any lack of a real and meaningful solution from you and your government. The Parliament session meant for passing Lokpal Bill was wasted by Unparliamentary behaviour of some MPs.
We want change, and we want accountability and we cannot wait any longer to have this! We will not vote for you if an effective anti-corruption bill is not enacted. Not the farce Lokpal Bill proposed by your government, but the peoples “Jan Lokpal Bill” which is more stringent than the ones proposed by GOI & Team Anna. We want strict and effective punishment for the corrupt. They MUST go to jail! Or you Mr. PM, along with your party, will fall from the people’s grace. We assure you, stand by us, and we will stand by you. The opposite will also hold true.
Your government has appointed a GoM to draft the Lokpal Bill. This GoM includes -
Sharad Pawar,Veerapa Moily and Kapil Sibal. Mr. Pawar and Mr. Moily have a past of allegations of corruption and mis-deeds that the entire country is aware of. Mr. Sibal does not feel there was corruption in the 2G scam. Having these people draft the anti-corruption law – is it not an insult to the people of India? How can the corrupt be asked to draft an anti-corruption bill? We urge you to consider the choice put forth by the people – credible names such as Justice Santosh Hegde, Prashant Bhushan, Shanti Bushan and others, to be part of the committee to draft the Lokpal Bill. Just look at the draft proposed by GOI , it has left out many public servants and tax evading corporate , industrialists (who are the origin & source of black money corruption) from lokpal ambit , only good thing is NGOs are included.
Shri Anna Hazare, one of the Greatest Social Reformers India has ever seen has demanded for a Lokpal which has the power to investigate & prosecute all public servants from peon to Supreme Court Judges , president of india. We urge you to immediately accept the demands of the people of India represented by the demands of Shri Anna Hazare lest the discontent among the people grows out of control.
The sentiments against rampant corruption in this country are quickly becoming as strong as those that led to the uprising in Tahrir Square. The honest and hardworking people of this country refuse to be innocent bystanders in the wholesale public looting that is taking place as you read this letter. We request your immediate and strong response to this concern of the people as corruption should be the top priority of your government. If the challenge is not met effectively and promptly, it has the potential of undermining every valuable effort made by upright citizens of this country over the last century - including you. It also has the potential of leaving your government with a legacy of shame.
Tahrir square can yet be a reality in India.
We trust you will take immediate steps to give us our solution, and not force us to take the above steps! Jai Hind. Vande Mataram.
Your’ssincerely, NAGARAJA.M.R. Citizen of India
Jan Lokpal BillThe Jan Lokpal Bill (Citizen's ombudsman Bill) is a draft anti-corruption bill drawn up by prominent civil society activists seeking the appointment of a Jan Lokpal, an independent body that would investigate corruption cases, complete the investigation within a year and envisages trial in the case getting over in the next one year.
Drafted by Justice Santosh Hegde (former Supreme Court Judge and former Lokayukta of Karnataka), Prashant Bhushan (Supreme Court Lawyer) and Arvind Kejriwal (RTI activist), the draft Bill envisages a system where a corrupt person found guilty would go to jail within two years of the complaint being made and his ill-gotten wealth being confiscated. It also seeks power to the Jan Lokpal to prosecute politicians and bureaucrats without government permission.
Retired IPS officer Kiran Bedi and other known people like Swami Agnivesh, Sri Sri Ravi Shankar, Anna Hazare and Mallika Sarabhai are also part of the movement, called India Against Corruption. Its website describes the movement as "an expression of collective anger of people of India against corruption. We have all come together to force/request/persuade/pressurize the Government to enact the Jan Lokpal Bill. We feel that if this Bill were enacted it would create an effective deterrence against corruption."
Anna Hazare, anti-corruption crusader, went on a fast-unto-death in April, demanding that this Bill, drafted by the civil society, be adopted. Four days into his fast, the government agreed to set up a joint committee with an equal number of members from the government and civil society side to draft the Lokpal Bill together. The two sides met several times but could not agree on fundamental elements like including the PM under the purview of the Lokpal. Eventually, both sides drafted their own version of the Bill.
The government has introduced its version in Parliament in this session. Team Anna is up in arms and calls the government version the "Joke Pal Bill." Anna Hazare declared that he would begin another fast in Delhi on August 16. Hours before he was to begin his hunger strike, the Delhi Police detained and later arrested him. There are widespread protests all over the country against his arrest.
The website of the India Against Corruption movement calls the Lokpal Bill of the government an "eyewash" and has on it a critique of that government Bill.
A look at the salient features of Jan Lokpal Bill:
1. An institution called LOKPAL at the centre and LOKAYUKTA in each state will be set up
2. Like Supreme Court and Election Commission, they will be completely independent of the governments. No minister or bureaucrat will be able to influence their investigations.
3. Cases against corrupt people will not linger on for years anymore: Investigations in any case will have to be completed in one year. Trial should be completed in next one year so that the corrupt politician, officer or judge is sent to jail within two years.
4. The loss that a corrupt person caused to the government will be recovered at the time of conviction.
5. How will it help a common citizen: If any work of any citizen is not done in prescribed time in any government office, Lokpal will impose financial penalty on guilty officers, which will be given as compensation to the complainant.
6. So, you could approach Lokpal if your ration card or passport or voter card is not being made or if police is not registering your case or any other work is not being done in prescribed time. Lokpal will have to get it done in a month's time. You could also report any case of corruption to Lokpal like ration being siphoned off, poor quality roads been constructed or panchayat funds being siphoned off. Lokpal will have to complete its investigations in a year, trial will be over in next one year and the guilty will go to jail within two years.
7. But won't the government appoint corrupt and weak people as Lokpal members? That won't be possible because its members will be selected by judges, citizens and constitutional authorities and not by politicians, through a completely transparent and participatory process.
8. What if some officer in Lokpal becomes corrupt? The entire functioning of Lokpal/ Lokayukta will be completely transparent. Any complaint against any officer of Lokpal shall be investigated and the officer dismissed within two months.
9. What will happen to existing anti-corruption agencies? CVC, departmental vigilance and anti-corruption branch of CBI will be merged into Lokpal. Lokpal will have complete powers and machinery to independently investigate and prosecute any officer, judge or politician.
10. It will be the duty of the Lokpal to provide protection to those who are being victimized for raising their voice against corruption.
Occupy and its Indian sister movement are fighting the same battles By Dr Kailash Chand OBE
From Greece to London; from Spain to Syria; from the occupiers in Zuccotti Park to the milling crowds at Ramlila ground - the forms are different but the anger and frustration of the people with the state of affairs is the same.
Be it the denial of human rights or economic deprivation, be it a clean system of governance or lack of transparency, be it price rise or corruption, the anger of the people is directed against those responsible for the manifold multiplication of their problems. It may be premature to draw parallels but only the naïve would miss the common thread running through such movements across the globe.
Analysts, many of whom represent the interests of the establishment are busy dishing out local, regional and social explanations for this world wide unrest because they would not likes to challenge the system that has benefitted them so long.
Sooner or later the world has to recognize that at the root of this unrest lies in the unviable economic system, concentration of power and wealth in a few hands and the unabashed corporate greed.
One cannot treat a malady without finding the bug that causes the ailment. People in the more advanced western democracies have been closer to the diagnosis while in countries like India we are striking at the symptoms of the disease.
While the slogans in the west are “one per cent versus 99 per cent”, “fight the rich, not their wars” and “human need, not corporate greed” the ire in India is directed against the scheming politician, the bribe taking babu or the Hawala trader with Swiss accounts.
In India the contribution of big business and the corporate world to the all prevailing corruption and social degeneration has not received the attention it deserves. Even the more ‘enlightened’ and ‘educated’ organizers and supporters of the Anna movement are silent on this issue. The western protester seems to be more aware of the reality.
The common man in India is perhaps too harassed by the day to day corruption, bribery, human rights violations etc to look beyond his nose and indentify the real culprit. In fact a section of the middle class is in awe of the corporate culture and views them as ‘achievers’ rather than ‘usurpers’. They are willing to be fodder for the corporate machine in the false hope of being in the driver’s seat sooner or later.
Their beliefs were strengthened by a corporate controlled media and entertainment industry that presented a rosy picture of the system run by them and a distorted picture of any economic system different than theirs.
Bedazzled by the glitter of wealth and extravagance; oblivious of the ugly reality that was clothed in an attractive attire of democracy and free market; the educated middle class in India has been behaving like hypnotised zombies.
The global discontent against the status quo is an indication that the zombies are coming out of the hypnotic spell. They may not be able to pin point the malady in political, social and economic terms but they are very near the mark.
The diehard supporters of the system are loath to admit this and are using all the tricks in the trade to ignore, belittle or defame this movement. One finds a striking similarity in the tactics of the critics of the occupiers and the detractors of the Anna movement.
They have been called naive, directionless and trouble makers. They have been called commies in the US and lefties in India. On their part the protesters have set up kitchens, organized medical care set up information cells and taken extreme care to prevent the protests turning violent be it the Zuccotti Park or the Ramlila ground.
Such commentators are either divorced from reality or are consciously trying to prevent the inevitable: the overthrow of an unviable, undemocratic, one sided political and economic dispensation. The weaknesses of capitalism stand exposed. It is not only a bad economic system but a poor democracy as well.
The real face of democracy is apparent from the fact that the biggest exporter of democracy is busy these days firing plastic bullets and tear gas shells on the protestors.
This what Stephen Lendman, radio host and author says about the system:
“Whoever controls the power of money has supreme power.
“The bankers in Wall Street have the power of money and literally run the government. Goldman Sachs runs the government, JPMorgan Chase, Bank of America - they run the government. This has to stop. The people in the streets across America have to understand this and demand that the power of money returns to the Congress.”
Recent reports from the US have exposed the tall claims of this country on human rights and freedom to protest.
Boston Mayor Thomas Menino told the local Fox 25 News in Boston:
“Civil disobedience will not be tolerated.”
Another report says:
“A new chapter in the annals of American police brutality has been written, as two Vietnam war veterans who joined Occupy Boston protests suffered injuries after being beaten by police and arrested along with some 50 other demonstrators.”
The Guardian reported:
“In New York a section of Occupy Wall Street protesters are planning a “millionaires march” to wealthy Manhattan residents’ homes.
“The action is being planned by UnitedNY, the Strong Economy for All Coalition, the Working Families Party, and New York Communities for Change, all of whom helped swell the largest Occupy Wall Street march so far last Wednesday”.
If the ‘experts’ are unable to see a precursor of a class division in the “millionaires march” they are either pretending or being a bit too clever.
The Indian middle class and their largely apolitical leadership have not yet grasped the dangerous dimensions of the ‘new world order’. The middle class is being rapidly pushed downwards as a result of price rise, increased cost of housing and shrinking job opportunities. The agriculture sector, an important component of Indian economy is severely affected by a slow growth.
On the other hand despite recession the number of the super rich has gone up. India has 55 billionaires, according to 2011 Forbes’ list. The combined fortune of the wealthiest citizens in India was pegged at about $247 billion by Forbes, which was well above 2010 total of $222 billion.
India has been aptly called “a rich country, where poor live.”
Indian rulers are ignoring the writing on the wall and are persisting with implementation of a western style economic system. And the common man is yet to realize and see the negative impact of corporate greed and power on their day to day life.
They dictate government policies; they corrupt government officials and have no hesitation in sabotaging the public sector enterprise. While they pay a pittance to their employees they fix absurd and astronomical salaries for themselves and their CEOs at the cost of shareholders. They oppose subsidy for the poor but want more for themselves in the form of SEZs, excise concessions and tax holidays.
How much they owe to the nation in the form of bank default, tax arrears, and Swiss Bank Accounts is not revealed to the nation. The tree of corruption gets its nutrition through its corporate roots. The wily politician, the bribe taking bureaucrat, the crafty middle man; they are all the front men of the corporate word.
Despite all this they are projected as image builders and flag bearers of the nation by the corporate controlled media and governments alike.
Successive governments of the “free world” have not only allowed this pathological greed for money to flourish but have actually helped it to grow into a monster that is threatening to devour the very system that created it.
This monster is not only cornering all the wealth and resources but is devouring the very fabric of society. Ethics and morality have been relegated to the background; money, money and more money is the modern mantra of success.
Gone are the days when intellectuals, poets, teachers, philosophers were the role models. The role models today are the successful and the only parameter of success is accumulation of assets or wealth for their companies.
The destruction of the value system, the deterioration of living standards, the concentration of wealth in a few hands and the blatant misuse of money as power to manipulate governments was bound to take its toll. The frustration, the anger and despair has burst out in the form of a global protest. The 99 per cent in the US are already braving plastic bullets and tear gas shells of the one per cent.
Whether the anger and frustration of the Indian 99 per cent translate into a struggle for economic equality and justice is yet to be seen. Will the Indian David be able to stand up to the corporate Goliath? Will the proponents of globalization of business in India get a taste of globalization of protest?
In the absence of a competent leadership there is always the danger of this movement losing its way.
World over there is a huge a vacuum of leadership for many reasons. The society has been systematically depoliticized by a corporate controlled media and entertainment industry. One hardly comes across a movie, a TV serial or a theater show that highlights any social issues. The emphasis is on religion, superstition and fundamentalism.
In such circumstances what type of leadership can one hope for?
The mainstream left has not just abdicated its responsibility but has covertly crossed the fence.
What is left of the left has been so demonized by the corporate controlled media that many genuine activists are avoiding the label. David stands alone with his sling broken and half the stones stolen. It is a tribute to his grit that he is still standing.
In fact the people are ahead of the leaders. Whether or not the protests evolve into a significant political force with a clear agenda or a concrete set of demands remains to be seen.
For this to happen, India needs more than anything a mass social and political movement to reassert the democratic control over the economy and the State and to effectively end the control of the corporate-driven neoliberal capitalism. The ‘Occupy Wall Street’ movement offers just the spark to trigger such a movement needed in India.
Will the civil society throw up a leadership that has the political maturity to indentify the genesis of the present moral, social, political and economic crisis? Will the progressive left in India rise to the occasion and grab this opportunity?
Occupy Wall Street and India's struggle against corruption have much in common, but Occupy goes much beyond ..
By Devinder Sharma
The screaming headlines provide insight into the dichotomy that prevails in our society. This newspaper reported that in Chandigarh alone (in northwest India) Rs 80-crore worth of gold ornaments and nearly 800 cars were sold on the occasion of Dhanteras. Far away in Patna, Rs 400-crore were withdrawn on the same day from ATMs. It seems buying metals on this auspicious occasion had beaten all records.
Most families consider Dhanteras to be an auspicious occasion to buy gold and silver. Unfortunately for them, the prices of these precious metals have gone through the roof in the last few months, making it difficult for many to buy even a coin of few grams. Completely unable to comprehend the reasons behind such high price-rise, many of them can be heard asking, “Why have gold prices increased so much”?
Little do they know that the unprecedented escalation in gold prices is only because of speculation in which just one per cent of the investors are raking in huge profits while 99 per cent end up paying through the nose. This in short is the essence of the slogan, ‘We are the 99 per cent’, that is sweeping across the continents. More than 950 cities in 82 countries have seen thousands of people streaming in to the roads, squares and the parks to protest against economic inequalities. What began as a silent sit-in by a handful of protesters in the Wall Street -- the financial capital of the world -- New York a month back, has now spread like a wildfire.
In India too, some groups, including the Communist Party, have launched of the Indian version ‘Occupy Dalal Street’ from Nov 4.
Well, before we follow the global trends let me take you back to the days when petrol price internationally had shot up to $ 140 a barrel. This was barely two years back in 2009, just before the world witnessed an economic meltdown. I remember even Prime Minister Manmohan Singh saying that he wasn’t sure whether it was because of a slump in production or rise in demand. The fact is the stupendous rise in oil prices was not because of supply-demand constraints. It was simply because of speculation in trading. The companies which have invested in its stocks on the Wall Street try best to garner more profits.
Oil prices subsequently slumped to a low of $ 40 a barrel. From $ 140 a barrel to $ 40 a barrel certainly proves that demand had nothing to do with prices. It was all in the game of speculation.
In lot many ways Anna Hazare’s movement against corruption looked similar. But while, Team Anna is crusading for the removal of graft from public life, Occupy movement goes much beyond and hits at the very foundations of the growing inequalities. Removing corruption will make available more resources for development activities, and as Swami Ramdev has been saying bringing back Rs 400 lakh crore of black money stacked abroad will make available abundant resources that can be ploughed back to fight poverty and hunger.
Removing corruption is certainly the crying need. But what makes Swami Ramdev and Anna Hazare’s struggle against corruption and black money different from Occupy campaign is that while you may not have to pay underhand for getting admission for you child in a school or a university but you will still end up pay exorbitantly for the gold ornaments that you need to buy for your daughter’s marriage. You will still continue to pay dearly and periodically for hike in petrol and diesel prices. You will end up paying more not because of supply demand constraints, but because some people are raking in more money through speculations in trading. You and I eventually pay for the greed of one per cent people.
Occupy movement is a global struggle for a decent living. It hits at the very fundamental of the growing economic disparities, the inequalities and injustice that prevails.
OCCUPY WALL STREET
Occupy Wall Street is the original protest that began the worldwide movement beginning September 17, 2011 in Zuccotti Park, located in New York City's Wall Street financial district, initiated by the Canadian activist group Adbusters. The protests are against social and economic inequality, high unemployment, greed, as well as corruption and the undue influence of corporations on government—particularly from the financial services sector. The protesters' slogan We are the 99% refers to the growing income and wealth inequality in the U.S. between the wealthiest 1% and the rest of the population. The protests in New York City have sparked similar Occupy protests and movements around the world.
In a blog post from July 13, 2011, the Canadian-based Adbusters Media Foundation, best known for its advertisement-free, anti-consumerist magazine Adbusters, proposed a peaceful occupation of Wall Street to protest corporate influence on democracy, the absence of legal repercussions for those behind the recent global financial crisis, and a growing disparity in wealth. They sought to combine the symbolic location of the 2011 protests in Tahrir Square with the consensus decision making of the 2011 Spanish protests. Adbusters' senior editor, Micah White, said they had suggested the protest via their email list and it "was spontaneously taken up by all the people of the world.” Adbusters' website said that from their "one simple demand, a presidential commission to separate money from politics," they would "start setting the agenda for a new America." They promoted the protest with a poster featuring a dancer atop Wall Street's iconic Charging Bull statue. The internet group Anonymous encouraged its readers to take part in the protests, calling for protesters to "flood lower Manhattan, set up tents, kitchens, peaceful barricades and occupy Wall Street for a few months." Other groups began to join in the organization of the protest, including the U.S. Day of Rage and the NYC General Assembly, which became the governing body of Occupy Wall Street. The protest itself began on September 17; a Facebook page for the demonstrations began two days later on September 19 featuring a YouTube video of earlier events. By mid-October, Facebook listed 125 Occupy-related pages, and roughly one in every 500 hashtags used on Twitter—all over the world—was the movement's own #OWS. Adbusters' Kalle Lasn, when asked why it took three years after the implosion of Lehman Brothers for people to begin protesting, said that after the election of President Barack Obama there was a feeling among the young that he would pass laws to regulate the banking system and "take these financial fraudsters and bring them to justice." However, as time passed, "the feeling that he's a bit of a gutless wonder slowly crept in" and they lost their hope that his election would result in change. Zuccotti Park, the site of the occupation, was chosen because it was private property and police could not legally force protesters to leave without being requested to do so by the property owner. At a press conference held on the same day as the protests began, New York City mayor Michael Bloomberg explained, "people have a right to protest, and if they want to protest, we'll be happy to make sure they have locations to do it." Writing for CNN, Sonia Katyal and Eduardo Peñalver said that "a straight line runs from the 1930s sit-down strikes in Flint, Michigan, to the 1960 lunch-counter sit-ins to the occupation of Alcatraz by Native American activists in 1969 to Occupy Wall Street. Occupations employ physical possession to communicate intense dissent, exhibited by a willingness to break the law and to suffer the -- occasionally violent -- consequences." More immediate prototypes for Occupy Wall Street are the British student protests of 2010, Greece and Spain's anti-austerity protests of the "indignados" (indignants), as well as the Middle East's Arab Spring protests. These antecedents have in common with Occupy Wall Street a reliance on social media and electronic messaging to circumvent the authorities, as well as the feeling that financial institutions, corporations, and the political elite have been malfeasant in their behavior toward youth and the middle class. Occupy Wall Street, in turn, gave rise to the Occupy movement in the United States and around the world.
The phrase "The 99%" is a political slogan of "Occupy" protesters. It was originally launched as a Tumblr blog page in late August 2011. It refers to the vast concentration of wealth among the top 1% of income earners compared to the other 99 percent, and indicates that most people are paying the price for the mistakes of a tiny minority. Paul Taylor, executive vice president of the Pew Research Center told NPR that the slogan is "arguably the most successful slogan since 'Hell no, we won't go,' going back to the Vietnam era." According to Taylor, majorities of Democrats, independents and Republicans see the income gap as a cause of friction in the United States.
The top 1 percent of income earners have more than doubled their income over the last thirty years according to a Congressional Budget Office (CBO) report. The report was released just as concerns of the Occupy Wall Street movement were beginning to enter the national political debate. According to the CBO, between 1979 and 2007 the incomes of the top 1% of Americans grew by an average of 275%. During the same time period, the 60% of Americans in the middle of the income scale saw their income rise by 40%. Since 1979 the average pre-tax income for the bottom 90% of households has decreased by $900, while that of the top 1% increased by over $700,000, as federal taxation became less progressive. From 1992-2007 the top 400 income earners in the U.S. saw their income increase 392% and their average tax rate reduced by 37%. In 2009, the average income of the top 1% was $960,000 with a minimum income of $343,927.
In 2007 the richest 1% of the American population owned 34.6% of the country's total wealth, and the next 19% owned 50.5%. Thus, the top 20% of Americans owned 85% of the country's wealth and the bottom 80% of the population owned 15%. Financial inequality (total net worth minus the value of one's home) was greater than inequality in total wealth, with the top 1% of the population owning 42.7%, the next 19% of Americans owning 50.3%, and the bottom 80% owning 7%. However, after the Great Recession which started in 2007, the share of total wealth owned by the top 1% of the population grew from 34.6% to 37.1%, and that owned by the top 20% of Americans grew from 85% to 87.7%. The Great Recession also caused a drop of 36.1% in median household wealth but a drop of only 11.1% for the top 1%, further widening the gap between the 1% and the 99%. During the economic expansion between 2002 and 2007, the income of the top 1% grew 10 times faster than the income of the bottom 90%. In this period 66% of total income gains went to the 1%, who in 2007 had a larger share of total income than at any time since 1928. This is in stark contrast with surveys of US populations that indicate an "ideal" distribution that is much more equal, and a widespread ignorance of the true income inequality and wealth inequality.
Protesters targeted Wall Street because of the part it played in the economic crisis of 2008 which started the Great Recession. They say that Wall Street's risky lending practices of mortgage-backed securities which ultimately proved to be worthless caused the crisis, and that the government bailout breached a sense of propriety, and created a state of moral hazard in the banking industry. The protesters say that Wall Street recklessly and blatantly abused the credit default swap market, and that the instability of that market must have been known beforehand. They say that the guilty parties should be prosecuted.
The protesters want, in part, more and better jobs, more equal distribution of income, bank reform, and a reduction of the influence of corporations on politics, which they sometimes refer to as corporatocracy. Adbusters co-founder Kalle Lasn has compared the protests to the Situationists and the Protests of 1968 movements. and addresses critics saying that while no one person can speak for the movement, he believes that the goal of the protests is economic justice, specifically, a "transaction tax" on international financial speculation, the reinstatement of the Glass-Stegall Act and the revocation of corporate personhood.
Some journalists have criticized the protests saying it is hard to discern a unified aim for the movement, while other commentators, such as Douglas Rushkoff, have said that although the movement is not in complete agreement on its message and goals, it does center on the problem that "investment bankers working on Wall Street [are] getting richer while things for most of the rest of us are getting tougher". According to Rushkoff, "... we are witnessing America's first true Internet-era movement, which -- unlike civil rights protests, labor marches, or even the Obama campaign -- does not take its cue from a charismatic leader, express itself in bumper-sticker-length goals and understand itself as having a particular endpoint".
The General Assembly, the governing body of the OWS movement, has adopted a “Declaration of the Occupation of New York City,” which includes a list of grievances against corporations, and to many protesters a general statement is enough. However, saying, "‘Power concedes nothing without a demand' " others within the movement have favored a fairly concrete set of national policy proposals. One group has written an unofficial document, "The 99 Percent Declaration”, that calls for a national general assembly of representatives from all 435 congressional districts to gather on July 4, 2012, to assemble a list of grievances and solutions. OWS protesters that prefer a looser, more localized set of goals have also written a document, the Liberty Square Blueprint, a wiki page edited by some 250 occupiers and still undergoing changes. Written as a wiki the wording changes, however, an early version read: "Demands cannot reflect inevitable success. Demands imply condition, and we will never stop. Demands cannot reflect the time scale that we are working with." The Guardian interviewed OWS and found three main demands: get the money out of politics; reinstate the Glass-Steagall act; and draft laws against the little-known loophole that currently allows members of Congress to pass legislation affecting Delaware-based corporations in which they themselves are investors.
Jan Lokpal Bill version 1.8
An act to create effective anti-corruption and grievance redressal systems at centre so that effective
deterrent is created against corruption and to provide effective protection to whistleblowers.
1. Short title and commencement:- (1) This Act may be called the Anti-Corruption, Grievance
Redressal And Whistleblower Protection Act, 2010.
(2) It shall come into force on the one hundred and twentieth day of its enactment.
2. Definitions:- In this Act, unless the context otherwise requires,-
(1) “Action” means any action taken by a public servant in the discharge of his functions as such public
servant and includes decision, recommendation or finding or in any other manner and includes
willful failure or omission to act and all other expressions relating to such action shall be construed
(2) “Allegation” in relation to a public servant includes any affirmation that such public servant-
(a) has indulged in misconduct, if he is a government servant;
(b) has indulged in corruption
(3) “complaint” includes any grievance or allegation or a request by whistleblower for protection and
(4) “corruption” includes anything made punishable under Chapter IX of the Indian Penal Code or
under the Prevention of Corruption Act, 1988;
Provided that if any person obtains any benefit from the government by violating any laws or rules,
that person along with the public servants who directly or indirectly helped that person obtain
those benefits, shall be deemed to have indulged in corruption.
(5) “Government” or “Central Government” means Government of India.
(6) “Government Servant” means any person who is or was any time appointed to a civil service or post
in connection with the affairs of the Central Government or High Courts or Supreme Court either on
deputation or permanent or temporary or on contractual employment but would not include the
(7) “grievance” means a claim by a person that he sustained injustice or undue hardship in
consequence of mal-administration;
(8) “Lokpal” means
a. Benches constituted under this Act and performing their functions as laid down under
various provisions of this Act; or
b. Any officer or employee, exercising its powers and carrying out its functions and
responsibilities, in the manner and to the extent, assigned to it under this Act, or under
various rules, regulations or orders made under various provisions of this Act.
c. For all other purposes, the Chairperson and members acting collectively as a body;
(9) “Mal-administration” means action taken or purporting to have been taken in the exercise of
administrative function in any case where,-
a. such action or the administrative procedure or practice governing such action is
unreasonable, unjust, oppressive or improperly discriminatory; or
b. there has been willful negligence or undue delay in taking such action or the administrative
procedure or practice governing such action involves undue delay;
(10)“Misconduct” means misconduct as defined in CCS Conduct Rules and which has vigilance angle.
(11)"public authority" means any authority or body or institution of self- government established or
a. by or under the Constitution;
b. by any other law made by Parliament;
c. by notification issued or order made by the Government, and includes any body owned,
controlled or substantially financed by the Government;
(12)“Public servant” means a person who is or was at any time,-
(a) the Prime Minister;
(b) a Minister;
(c) a Member of Parliament;
(d) Judges of High Courts and Supreme Court;
(e) a Government servant;
(f) the Chairman or Vice-Chairman (by whatever name called) or a member of a local
authority in the control of the Central Government or a statutory body or corporation
established by or under any law of the Parliament of India, including a co-operative
society, or a Government Company within the meaning of section 617 of the
Companies Act, 1956 and members of any Committee or Board, statutory or nonstatutory,
constituted by the Government;
(g) Such other authorities as the Central Government may, by notification, from time to
(13)“Vigilance angle” includes –
(a) All acts of corruption
(b) Gross or willful negligence; recklessness in decision making; blatant violations of systems and
procedures; exercise of discretion in excess, where no ostensible/public interest is evident;
failure to keep the controlling authority/superiors informed in time
(c) Failure/delay in taking action, if under law the government servant ought to do so, against
subordinates on complaints of corruption or dereliction of duties or abuse of office by the
(d) Indulging in discrimination through one’s conduct, directly or indirectly.
(e) Victimizing Whistle Blowers
(f) Any undue/unjustified delay in the disposal of a case, perceived after considering all relevant
factors, would reinforce a conclusion as to the presence of vigilance angle in a case.
(g) Make unfair investigation or enquiry to either unduly help culprits or fabricate the innocent.
(h) Any other matter as notified from time to time by Lokpal
(14)“Whistleblower” is any person who faces threat of (1) professional harm, including but not limited
to illegitimate transfers, denial of promotions, denial of appropriate perks, departmental
proceedings, discrimination or (2) physical harm or (3) is actually subjected to such harm; because
of either making a complaint to Lokpal under this Act or for filing an application under Right to
3. Establishment of the institution of Lokpal and appointment of Lokpal:
(1) There shall be an institution known as Lokpal which shall consist of one Chairperson and ten
members along with its officers and employees. The Lokpal shall be headed by its Chairperson.
(2) The Chairperson and members of Lokpal shall be selected in such manner as laid down in this
(3) A person appointed as Chairperson or member of Lokpal shall, before entering upon his office,
make and subscribe before the President, an oath or affirmation in the form as prescribed.
(4) The Government shall appoint the Chairperson and members of the first Lokpal and set up the
institution with all its logistics and assets within six months of enactment of this Act.
(5) The Government shall fill up a vacancy of the Chairperson or a member caused due to
a) Retirement, 3 months before the member or the Chairperson retires.
b) Any other unforeseen reason, within a month of such vacancy.
Chairperson and Members of Lokpal
4. The Chairperson and members of Lokpal not to have held certain offices- The Chairperson and
members of Lokpal shall not be serving or former member of either the Parliament or the Legislature of
any State and shall not hold any office or trust of profit (other than the office as Chairperson or
member) or would have ever been connected with any political party or carry on any business or
practice any profession and accordingly, before he enters upon his office, a person appointed as the
Chairperson or member of Lokpal shall-
(i) if he holds any office of trust or profit, resign from such office; or
(ii) if he is carrying on any business, sever his connection with the conduct and
management of such business; or
(iii) if he is practicing any profession, suspend practice of such profession.
(iv) If he is associated directly or indirectly with any other activity, which is likely cause
conflict of interest in the performance of his duties in Lokpal, he should suspend his
association with that activity.
Provided that if even after the suspension, the earlier association of that person with
such activity is likely to adversely affect his performance at Lokpal, that person shall
not be appointed as a member or Chairperson of Lokpal.
5. Term of office and other conditions of service of Lokpal– (1) A person appointed as the Chairperson
or member of Lokpal shall hold office for a term of five years from the date on which he enters upon his
Provided further that.-
(a) the Chairperson or member of Lokpal may, by writing under his hand addressed to the
President, resign his office;
(b) the Chairperson or member may be removed from office in the manner provided in
(2) There shall be paid to the Chairperson and each member every month a salary equal to that of the
Chief Justice of India and that of the judge of the Supreme Court respectively;
(3) The allowances and pension payable to and other conditions of service of the Chairperson or a
member shall be such as may be prescribed;
Provided that the allowances and pension payable to and other conditions of service of the
Chairperson or members shall not be varied to his disadvantage after his appointment.
(4) The administrative expenses of the office of the Lokpal including all salaries, allowances and pensions
payable to or in respect of persons serving in that office, shall be charged on the Consolidated Fund of
(5) There shall be a separate fund by the name of “Lokpal fund” in which penalties/fines imposed by the
Lokpal shall be deposited and in which 10% of the loss of Public Money detected/prevented on account
of investigations by Lokpal shall also be deposited by the Government. Disposal of such fund shall be
completely at the discretion of the Lokpal and such fund shall be used only for
enhancement/upgradation/extension of the infrastructure of Lokpal.
(6) The Chairperson or members shall not be eligible for appointment on any position in Government of
India or Government of any state or for fighting elections, if he has ever held the position of the
Chairperson or a member for any period.
Provided however that a member or Chairperson may be reappointed for one more term or a member
may be appointed as the Chairperson, however, that any person shall not serve for more than a total of
6. Appointment of the Chairperson and members:
1. The Chairperson and members shall be appointed by the President on the recommendation of a
2. Following persons shall not be eligible to become Chairman or Member in Lokpal:
(a) Any person who was ever chargesheeted for any offence under IPC or PC Act or was ever
penalized under CCS Conduct Rules.
(b) Any person who is less than 40 years in age.
3. At least four members of Lokpal shall have legal background.
4. The members and Chairperson should have unimpeachable integrity and should have
demonstrated their resolve and efforts to fight against corruption in the past.
5. A selection committee consisting of the following shall be set up:
a. The Chairpersons of both Houses of Parliament
b. Two senior most judges of Supreme Court
c. Two senior most Chief Justices of High Courts.
d. All Nobel Laureates of Indian Origin
e. Chairperson of National Human Rights Commission
f. Last two Magsaysay Award winners of Indian origin
g. Comptroller and Auditor General of India
h. Chief Election Commissioner
i. Bharat Ratna Award winners
j. After the first set of selection process, the outgoing members and Chairperson of
6. The seniormost judge of Supreme Court shall act as the Chairperson of the selection committee.
7. The following selection process shall be followed:
a. Recommendations shall be invited through open advertisements in prescribed format.
b. Each person recommending shall be expected to justify the selection of his candidate
giving examples from the past achievements of the candidate.
c. The list of candidates along with their recommendations received in the format
mentioned above shall be displayed on a website.
d. Each member of the selection committee, on the basis of the above material, shall
recommend such number of names as there are vacancies.
e. A priority list shall be prepared with the candidate receiving recommendations from
maximum number of members of selection committee at the top. The candidates
recommended by same number of members shall be treated at par.
f. This priority list shall be displayed on the website.
g. Around three times the names as there are vacancies, shall be shortlisted from the top.
h. Public feedback shall be invited on the shortlisted names by putting these names on the
i. The selection committee may decide to use any means to collect more information
about the background and past achievements of the shortlisted candidates.
j. Selection committee shall invite shortlisted candidates for discussions, video recordings
of which shall be made public.
k. All the material obtained so far about the candidates shall be made available to each
member of the selection committee in advance. The members shall make their own
assessment of each candidate.
l. The selection committee shall meet and discuss the material so received about each
candidate. The final selections for the Chairperson and members shall be made
preferably through consensus.
Provided that if three or more members, for reasons to be recorded in writing, object to
the selection of any member, he shall not be selected.
m. All meetings of selection committee shall be video recorded and shall be made public.
8. The Prime Minister shall recommend the names finalized by the selection committee to the
President immediately, who shall order such appointments within a month of receipt of the
9. If any of the members of the selection committee retires while a selection process is going on,
that member will continue on the selection committee till the end of that process.
7. Removal of Chairperson or members-
(1) The Chairperson or any member shall not be removed from his office except by an order of the
(2) They can be removed on one or more of the following grounds:
a. Proved misbehavior
b. Professional or physical incapacity
c. If he is adjudged to be insolvent
d. Has been charged of an offence which involves moral turpitude
e. If he engages during his term of office in any paid employment outside the duties of his
f. Has acquired such financial interests or other interests which are likely to affect
prejudicially his functions as member or Chairperson.
g. If he is guided by considerations extraneous to the merits of the case either to favor
someone or to implicate someone through any act of omission or commission.
h. If any member or Chairperson tries to or actually unduly influences any government
i. If he commits any act of omission or commission which is punishable under Prevention
of Corruption Act or is a misconduct.
j. If a member or the Chairperson in any way, concerned or interested in any contract or
agreement made by or on behalf of the Government of India or participates in any way
in the profit thereof or in any benefit or emolument arising there from otherwise than
as a member and in common with the other members of an incorporated company, he
shall be deemed to be guilty of misbehavior.
(3) The following process shall be followed for the removal of any member or Chairperson:
(a) Any person may move an application/petition before the Supreme Court seeking removal of
one or more of the members of Chairperson of Lokpal alleging one or more of the grounds for removal
and providing evidence for the same.
(b) Supreme Court will hear the matter by a bench of three or more Judges on receipt of such
petition and may take one or more of the following steps:
(i) order an investigation to be done by a Special Investigation Team appointed by the
Supreme Court if a prima facie case is made out and if the matter cannot be judged based on
affidavits of the parties. The Special Investigation Team shall submit its report within three
(ii) Pending investigations under sub-clause (i) by Special Investigation Team, the
Supreme Court may decide to order withdrawal of part or complete work from that member.
(iii) dismiss the petition if no case is made out
(iv) if the grounds are proved, recommend to the President for removal of the said
member or Chairperson
(v) direct registration and investigation of cases with appropriate agencies if there is
prima facie case of commission of an offence punishable under Prevention of Corruption
(c) The three judge bench shall be constituted by a panel of five seniormost judges of the
Provided that if there are any proceedings going on against any judge in Lokpal, he shall not
be a part of either the panel or the bench.
(d) The Supreme Court shall not dismiss such petitions in liminae.
(e) If the Supreme Court concludes that the petition has been made with mischievous or
malafide motives, the Court may order imposition of fine or imprisonment upto one year
against the complainant.
(f) On receipt of a recommendation from the Supreme Court under this section, the Prime
Minister shall recommend it to the President immediately and the President shall order
removal of said members within a month of receipt of the same.
Powers and Functions of Lokpal
8. Functions of Lokpal: (1) Lokpal shall be responsible for receiving:
(a) Complaints where there are allegations of such acts of omission or commission which are
punishable under Prevention of Corruption Act
(b) Complaints where there are allegations of misconduct by a government servant
(d) Complaints from whistleblowers
(2) Lokpal, after getting such enquiries and investigations done as it deems fit, may take one or more of
the following actions:
a. Close the case if prima facie, the complaint is not made out or
b. Initiate prosecution against public servants as well as those private entities which
are party to the act
c. Order imposition of appropriate penalties under CCS Conduct Rules
Provided that if an officer is finally convicted under Prevention of Corruption
Act, major penalty of dismissal shall be imposed on such government servant.
d. Order cancellation or modification of a license or lease or permission or contract or
agreement, which was the subject matter of investigation.
e. Blacklist the concerned firm or company or contractor or any other entity involved
in that act of corruption.
f. Issue appropriate directions to appropriate authorities for redressal of grievance in
such time and in such manner as is specified in the order.
g. Invoke its powers under this Act if its orders are not duly complied with and ensure
due compliance of its orders.
h. Take necessary action to provide protection to a whistleblower as per various
provisions of this Act.
(3) Suo moto initiate appropriate action under this Act if any case, of the nature mentioned in clauses
(1), (2), (3) or (4), comes to the knowledge of the Lokpal from any source.
(4) Issue such directions, as are necessary, from time to time, to appropriate authorities so as to make
such changes in their work practices, administration or other systems so as to reduce the scope and
possibility for corruption, misconduct and public grievances.
(5) Lokpal shall be deemed to be “Disciplinary authority” or “appointing authority” for the purpose of
imposing penalties under CCS Conduct Rules.
(6) Section 19 of Prevention of Corruption Act shall be deleted.
(7) Section 197 of CrPC shall not apply to any proceedings under this Act. All permissions, which need to
be sought for initiating investigations or for initiating prosecutions under any Act shall be deemed to
have been granted once Lokpal grants such permissions.
9. Issue of Search Warrant, etc.- (1) Where, in consequence of information in his possession, the Lokpal
(a) has reason to believe that any person. –
(i) to whom a summon or notice under this Act, has, been or might be issued,
will not or would not produce or cause to be produced any property, document
or thing which will be necessary or useful for or relevant to any inquiry or other
proceeding to be conducted by him;
(ii) is in possession of any money, bullion, jewellery or other valuable article or
thing and such money, bullion, jewellery or other valuable article or thing
represents either wholly or partly income or property which has not been
disclosed to the authorities for the purpose of any law or rule in force which
requires such disclosure to be made; or
(b) considers that the purposes of any inquiry or other proceedings to be conducted by him will
be served by a general search or inspection,
he may by a search warrant authorize any Police officer not below the rank of an Inspector of Police to
conduct a search or carry out an inspection in accordance therewith and in particular to, -
(i) enter and search any building or place where he has reason to suspect that such property,
document, money, bullion, jewellery or other valuable article or thing is kept;
(ii) search any person who is reasonably suspected of concealing about his person any article
for which search should be made;
(iii) break open the lock of any door, box, locker safe, almirah or other receptacle for
exercising the powers conferred by sub-clause (i) where the keys thereof are not available.
Seize any such property, document, money, bullion, jewellery or other valuable article or thing
found as a result of such search;
(iv) place marks of identification on any property or document or make or cause to be made;
extracts or copies therefrom; or
(v) make a note or an inventory of any such property, document, money, bullion, Jewellery or
other valuable article or thing.
(2) The provisions of the Code of Criminal Procedure, 1973, relating to search and seizure shall apply, so
far as may be, to searches and seizures under sub-section (1).
(3) A warrant issued under sub-section (1) shall for all purposes, be deemed to be a warrant issued by a
court under section 93 of the Code of Criminal Procedure, 1973.
10. Evidence - (1) Subject to the provisions of this section, for the purpose of any investigation (including
the preliminary inquiry, if any, before such investigation) under this Act, the Lokpal may require any
public servant or any other person who, in his opinion is able to furnish information or produce
documents relevant to the investigation, to furnish any such information or produce any such
(2) For the purpose of any such investigation (including the preliminary inquiry) the Lokpal shall
have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 , in respect
of the following matters, namely:-
(a) Summoning and enforcing the attendance of any person and examining him on oath;
(b) Requiring the discovery and production of any document;
(c) Receiving evidence on affidavits;
(d) Requisitioning any public record or copy thereof from any court or office ;
(e) Issuing commissions for the examination of witnesses or documents ;
(f) ordering payment of compensatory cost in respect of a false or vexatious claim or
(g) ordering cost for causing delay;
(h) Such other matters as may be prescribed.
(3) Any proceeding before the Lokpal shall be deemed to be a judicial proceeding with in the
meaning of section 193 of the Indian Penal Code.
11. Reports of Lokpal, etc. (1) The Chairperson of Lokpal shall present annually a consolidated report in
prescribed format on its performance to the President.
(2) On receipt of the annual report, the President shall cause a copy thereof together with an
explanatory memorandum to be laid before each House of the Parliament.
(3) The Lokpal shall publish every month on its website the list of cases disposed with brief details of
each such case, outcome and action taken or proposed to be taken in that case. It shall also publish lists
of all cases received by the Lokpal during the previous month, cases disposed and cases which are
12. Lokpal to be a deemed police officer: (1) For the purposes of section 36 of Criminal Procedure Code,
the Chairperson, members of Lokpal and the officers in investigation wing of Lokpal shall be deemed to
be police officers.
(2) While investigating any offence under Prevention of Corruption Act 1988, they shall be competent to
investigate any offence under any other law in the same case.
13. Powers in case of non-compliance of orders: (1) Each order of Lokpal shall clearly specify the names
of the officials who are required to execute that order, the manner in which it should be executed and
the time period within which that order should be complied with.
(2) If the order is not complied with within the time or in the manner directed, Lokpal may decide to
impose a fine on the officials responsible for the non-compliance of its orders.
(3) The Drawing and Disbursing Officer of that Department shall be directed to deduct such amount of
fine as is clearly specified by the Lokpal in its order made in sub-section (2) from the salaries of the
officers specified in the order.
Provided that no penalty shall be imposed without giving a reasonable opportunity of being heard.
Provided that if the Drawing and Disbursing Officer fails to deduct the salary as specified in the said
order, he shall make himself liable for a similar penalty.
(4) In order to get its orders complied with, the Lokpal shall have, and exercise the same jurisdiction
powers and authority in respect of contempt of itself as a High court has and may exercise, and,
for this purpose, the provisions of the Contempt of Courts Act, 1971 (Central Act 70 of 1971)
shall have the effect subject to the modification that the references therein to the High Court
shall be construed as including a reference to the Lokpal.
13A. Special Judges under section 4 of Prevention of Corruption Act: On an annual basis, Lokpal shall
make an assessment of the number of Special Judges required under section 4 of Prevention of
Corruption Act 1988 in each area and the Government shall appoint such number of Judges within three
months of receipt of such recommendation.
Provided that Lokpal shall recommend such number of Special Judges so that trial in each case under
this Act is completed within a year.
13B. Issue of Letter Rogatory: A bench of Lokpal shall have powers to issue Letters Rogatory in any case
pending with Lokpal.
Functioning of Lokpal
14. Functioning of Lokpal: (1) The Chairperson shall be responsible for overall administration and
supervision of the institution of Lokpal.
(2) All policy level decisions including formulation of regulations, developing internal systems for the
functioning of Lokpal, assigning functions to various officials in Lokpal, delegation of powers to various
functionaries in Lokpal etc shall be taken by the Chairperson and the members collectively as a body.
(3) The Chairperson shall have an annual meeting with the Prime Minister to assess the needs of Lokpal
for finances and manpower. Lokpal shall be provided resources by the Government on the basis of
outcome of this meeting.
(4) Lokpal shall function in benches of three or more members. Benches shall be constituted randomly
and cases shall be assigned to them randomly by computer. Each bench shall consist of at least one
member with legal background.
(5) Such benches shall be responsible for
(i) granting permission to close any case after a preliminary enquiry
(ii) granting permission to either close a case after investigations or issuing orders imposing
penalties under CCS Conduct Rules and/or for initiating prosecution in that case.
(iii) Issuing orders under section 28 and section 13B.
(6) Lokpal may decide to initiate investigations into any case suo moto also.
(7) The decision to initiate investigation or prosecution against any member of the Cabinet or any judge
of High Court or Supreme Court shall be taken in a meeting of all the existing members and the
Chairperson. Minutes and records of such meetings shall be made public.
15. Making a complaint to the Lokpal: (1) Subject to the provisions of this Act, any person may make a
complaint under this Act to the Lokpal.
Provided that in case of a grievance, if the person aggrieved is dead or for any reason, unable to
act for himself, the complaint may be made or if it is already made may be continued by his legal
representatives or by any other person who is authorized by him in writing in this behalf.
(2) A complaint could be on a plain paper but should contain all such details as prescribed by Lokpal.
(3) On receipt of a complaint, the Lokpal shall decide whether it is an allegation or a grievance or a
request for whistleblower protection or a mixture of two or more of these.
(4) Every complaint shall have to be compulsorily disposed off by the Lokpal.
Provided that no complaint, other than those which are anonymous or pseudonymous, shall be closed
without hearing the complainant.
16. Matters which may be investigated by the Lokpal– Subject to the provisions of this Act, the Lokpal
may investigate any action which is taken by or with the general or specific approval of a public servant
where a complaint involving a grievance or an allegation is made in respect of such action.
Provided that the Lokpal may also investigate such action suo moto or if it is referred to it by the
government, if such action can be or could have been in his recorded opinion, subject of a grievance or
17. Matters not subject to investigation:- (1) The Lokpal shall not conduct any investigation under this
Act in case of a grievance in respect of any action-
(i) if the complainant has or had, any remedy by way of appeal, revision, review or any other
remedy before any other authority provided in any other law and he has not availed of the
(ii) Taken by a judicial or quasi-judicial body, unless the complainant alleges malafides
(iii) If the substance of the entire grievance is pending before any court or quasi-judicial body
of competent jurisdiction.
(iv) any grievance where there is inordinate and inexplicable delay.
(2) Nothing in this Act shall be construed as authorising the Lokpal to investigate any action which is
taken by or with the approval of the Presiding Officer of either House of Parliament.
(3) The provisions of this Act shall be in addition to the provisions of any other enactment or any rule or
law under which any remedy by way of appeal, revision, review or in any other manner is available to a
person making a complaint under this Act in respect of any action and nothing in this Act shall limit or
affect the right of such person to avail of such remedy.
(4) Nothing in this section shall bar Lokpal from entertaining a complaint making an allegation of
misconduct or corruption or a complaint from a whistleblower seeking protection.
18. Provisions relating to complaints and investigations-
(i) (a) The Lokpal, on receipt of a complaint in the nature of an allegation or a grievance or a
combination of the two, or in a case initiated on his own motion, may on perusing the
documents, either decide to proceed to enquire or investigate into that complaint or decide,
to make such preliminary inquiry before proceeding to enquire or investigate into such
complaint or direct any other person to make such preliminary inquiry as it deems fit for
ascertaining whether there exists reasonable ground for conducting the investigation. The
outcome of such preliminary enquiry, and if the complaint is being closed along with
reasons for the same and all material collected during preliminary enquiry, shall be
communicated to the complainant.
Provided that if any case is closed, all documents related thereto shall thereafter be
treated as public. Every month, a list of all such cases shall be put on the website with
reasons for closing a case. All material connected with such closed cases will be provided to
anyone seeking it under Right to Information Act.
Provided further that if the complaint contains verifiable and specific information about
misconduct or corruption, then that case shall not be rejected even if the complaint is
Provided further that no complaint of allegation shall be rejected by questioning the
motives or intention of the complainant.
Provided further that all hearings before Lokpal shall be video recorded and shall be
available to any member of the public on payment of copying costs.
(b) The procedure for preliminary enquiry of a complaint shall be such as the Lokpal deems
appropriate in the circumstances of the case and in particular, the Lokpal may, if it deems
necessary to do so, call for the comments of the public servant concerned.
Provided that the preliminary enquiry should be completed and a decision taken whether
to close a case or to proceed with investigations within one month of receipt of any
(ii) Where the Lokpal proposes, either directly or after making preliminary inquiry, to conduct
any investigation under this Act, he.-
(a) may make such order as to the safe custody of documents relevant to the
investigation, as it deems fit.
(b) at appropriate stage of investigations or in the end, it shall forward a copy of the
complaint, its findings and copy of the material relied upon to the concerned public
servant and the complainant,
(c) shall afford to such public servant and the complainant an opportunity to offer
comments and be heard.
Provided that such hearing shall be held in public, except in such rare circumstances, to
be recorded in writing, will it be held in camera.
(iii) The conduct of an investigation under this Act against a Public servant in respect of any
action shall not affect such action, or any power or duty of any other public servant to take
further action with respect to any matter subject to the investigation.
(iv) If, during the course of preliminary inquiry or investigation under this Act, the Lokpal is
prima facie satisfied that the allegation or grievance in respect of any action is likely to be
sustained either wholly or partly, he may, through an interim order, direct the public servant
concerned to stay the implementation or enforcement of the decision or action complained
against, or to take such mandatory or preventive action, on such terms and conditions, as he
may specify in his order to prevent further harm from taking place.
(v) The Lokpal, either during the course of investigations, if it is satisfied that prosecution is
likely to be initiated in that case, or at the end of the investigations at the time of initiating
prosecution, shall make a list of moveable and immoveable assets of all the accused in that
case and shall notify the same. No transfer of the same shall be permitted after such
notification. In the event of final conviction, the court shall be empowered to recover loss
determined under section 19 of this Act from this property, in addition to other measures.
(vi) If during the course of investigation or enquiry into a complaint, Lokpal feels that
continuance of a public servant in that position could adversely affect the course of
investigations or enquiry or that the said person is likely to impact evidence or witnesses,
the Lokpal may issue appropriate orders including transfer of that public servant from that
position or his suspension.
Provided that such orders shall not be passed against the Prime Minister.
(vii) In case of a grievance, the Lokpal may issue interim orders to the appropriate authority
recommending grant of interim relief to the complainant if he is satisfied at any stage of
preliminary inquiry on investigation that the complainant has sustained injustice or undue
hardship in consequence of any decision or action of a public servant.
(viii) The Lokpal may, at any stage of inquiry or investigation under this Act, direct through an
interim order, appropriate authorities to take such action as is necessary, including
suspension of a government servant, pending inquiry or investigation.-
(i) to safeguard wastage or damage of public property or public revenue by the
administrative acts of the public servant;
(ii) to prevent further acts of misconduct by the public servant;
(iii) to prevent the public servant from secreting the assets allegedly acquired by him by
(ix) Where after investigation into a complaint, the Lokpal is satisfied that the complaint
involving an allegation against the public servant is substantiated and that the public servant
concerned should not continue to hold the post held by him, the Lokpal shall pass orders to
that effect. In case of public servant being a Minister, Lokpal shall make such
recommendation to the President, who shall decide either to accept such recommendation
or reject it within a month of its receipt.
Provided that the provisions of this section shall not apply to the Prime Minister.
(x) If, after enquiry into a grievance and after affording reasonable opportunity of being heard
to both the complainant and the public authority, the Lokpal is satisfied that such grievance
is substantiated either wholly or partly, he shall,
i. Pass appropriate orders directing appropriate authorities to redress the grievance
in a manner and within the time prescribed in the order, and
ii. Direct the appropriate authorities to deduct from the salary of the officials
mentioned in the order, such penalty amounts as are directed by Lokpal , which
shall not be less than Rs 250 per day of delay calculated from day the time limit
mentioned in citizens’ charter for redressing that grievance got over, and
iii. Direct the appropriate authorities to compensate the complainant with such
amounts as mentioned in the order.
Provided that any grievance shall be disposed within 15 days of its receipt.
Provided further that if it relates to life and liberty of a person or if the matter is such as to
warrant immediate attention and the Lokpal is so satisfied, the same shall be disposed
within 48 hours.
(xi) All records and information of Lokpal shall be public and shall be provided under Right to
Information Act, even at the stage of investigation or enquiry, unless release of such
information would adversely affect the process of enquiry or investigation.
Provided that no information in any case shall be withheld under Right to Information
Act after the completion of enquiry or investigation.
Recovery of Loss to the Government and punishments
19. Recovery of loss to the Government: If a person is convicted of an offence under Prevention of
Corruption Act, then the trial court will also quantify the loss caused to the government and apportion
that amount to various convicts from whom this money must be recovered as arrears of land revenue.
19A. Punishments for offences: For offences mentioned in Chapter III of Prevention of Corruption Act,
punishment shall not be less than five years which may extend upto life imprisonment.
Provided that if the accused is any officer of the rank of Joint Secretary in the state or above or a
Minister, the punishment shall not be less than ten years.
Provided further that if the offence is of the nature mentioned in proviso to section 2(4) of this Act and if
the beneficiary is any corporate house, in addition to other punishments mentioned in this Act and
under Prevention of Corruption Act, a fine amounting to five times the loss caused to the government
shall be recovered from the accused and the recovery may be done from the assets of the company and
from the personal assets of all Directors of the company, if the assets of the accused are inadequate.
20. Protection of Whistleblower: (1) A whistleblower may write to Lokpal seeking protection from
threat of physical or professional victimization or if he has been subjected to such professional or
(2) On receiving such a complaint, Lokpal shall take following steps:
(a) Threat of professional victimization: Lokpal shall conduct appropriate enquiries and if it feels
that there is a real threat to the person and the threat is on account of that person having made
an allegation under this Act, then the Lokpal shall pass appropriate orders, as soon as possible
but in not more than a month of receipt of such complaint, directing appropriate authorities to
take such steps as directed by the Lokpal.
(b) If a person complains that he has already been victimized professionally on account of
making an allegation under this Act, Lokpal shall, after conducting enquiries, if he is of the
opinion that the victimization is indeed because of that person’s having made an allegation
under this Act, pass appropriate orders, as soon as possible but in not more than a month,
directing appropriate authorities to take such steps as directed by the Lokpal.
Provided that for clause (a) Lokpal may, but for clause (b) the Lokpal shall, also issue
orders imposing penalties under CCS Conduct Rules against the officer or officials who issued
threats or caused victimization.
Provided further that no such penalties shall be imposed without giving an opportunity
of being heard to the affected officials.
(c) Threat of physical victimization: Lokpal shall conduct appropriate enquiries and if it feels that
there is a real threat to the person and the threat is on account of that person having made an
allegation under this Act or for having filed an RTI application to any public authority covered
under this Act, then notwithstanding anything contained in any other law, the Lokpal shall pass
appropriate orders, as soon as possible but in not more than a week, directing appropriate
authorities, including police, to take such steps as directed by the Lokpal to provide adequate
security to that person, to register criminal cases against those who are issuing threats and also
to take all such steps necessary to mitigate circumstances leading to such threat.
Provided that if the threat is imminent, Lokpal may decide to act immediately, within a
few hours to prevent physical assault on that person.
(d) If a person complains that he has already been physically assaulted on account of making an
allegation under this Act and if Lokpal is satisfied after conducting enquiries that the person has
been assaulted because of his having made an allegation under this Act or for filing an RTI
application in any of the public authorities covered under this Act, then notwithstanding
anything else contained in any other law, the Lokpal shall pass such orders, as soon as possible
but in not more than 24 hours, directing the concerned authorities to take such steps as
directed by the Lokpal to provide adequate security to that person, to register criminal cases
and also to ensure that no further harm visits on that person.
(e) If the whistleblower has alleged an act punishable under Prevention of Corruption Act, then
for cases under clause (c), Lokpal may and for cases under clause (d), the Lokpal shall, assign the
allegations made by that person to a special team, put it on a fast track and complete
investigations in that case in not more than a month.
(f) If the whistleblower has alleged an act punishable under any law other than the Prevention
of Corruption Act, then for cases under clause (c), Lokpal may and for cases under clause (d), the
Lokpal shall, direct the agency which has the powers to enforce that law to assign the
allegations made by the whistleblower to a special team, put it on a fast track and complete
investigations in that case in such time as directed by the Lokpal.
(g) Lokpal shall have the powers to issue directions to appropriate agencies in the cases covered
under clause (f), monitor such investigations and if necessary, issue directions to that agency to
do the investigations in the manner as directed by the Lokpal.
(3) If any complainant requests that his identity should be kept secret, Lokpal shall ensure the same.
Lokpal shall prescribe detailed procedures on how such complainants shall be dealt with.
(4) Lokpal shall Issue orders to the Public Authorities to make necessary changes in their policies and
practices to prevent recurrence of victimization.
Grievance Redressal Systems
21. Citizens’ Charters: (1) Each public authority shall be responsible for ensuring the preparation and
implementation of Citizens Charter, within a reasonable time, and not exceeding one year from the
coming into force of this Act.
(2) Every Citizens Charter shall enumerate the commitments of the respective public authority to the
citizens, officer responsible for meeting each such commitment and the time limit with in which the
commitment shall be met.
(3) Each public authority shall designate an official called Public Grievance Redressal Officer, whom a
complainant should approach for any violation of the Citizens Charter.
(4) Every public authority shall review and revise its Citizens Charter at least once every year through a
process of public consultation.
(5) Lokpal may direct any public authority to make such changes in their citizens’ charter as are
mentioned in that order.
(6) No grievance shall be accepted by Lokpal if 15 days have not elapsed after submission of complaint
by the complainant with the Public Grievance redressal Officer of that Public Authority.
Provided that if Lokpal feels that considering the gravity or urgency of the grievance, it is
necessary to do so, the Lokpal may decide to accept such grievance earlier also.
Employees and staff and authorities in Lokpal
22. Chief Vigilance Officer: (1) There shall be a Chief Vigilance Officer in each public authority to be
selected and appointed by Lokpal.
(2) He shall not be from the same public authority.
(3) He shall be a person of impeccable integrity and ability to take proactive measures against
(4) He shall be responsible for accepting complaints against any public authority and shall transfer the
complaints related to other public authorities within two days of receipt.
(5) He shall be responsible for carrying out all such responsibilities as assigned to him from time to time
by Lokpal including dealing with complaints in the manner as laid down by Lokpal from time to time.
Provided that the complaints which require investigations under Prevention of Corruption Act 1988 shall
be transferred to the Investigative wing of Lokpal.
Provided further that the complaints, other than grievances, against officers of the level of Joint
Secretary or above shall not be dealt by the Chief Vigilance Officer and shall be transferred to the
Lokpal, who shall set up a committee of Chief Vigilance Officers of three other public authorities to
enquire into such complaint.
(6) All the grievances shall be received and disposed by Chief Vigilance Officer on behalf of Lokpal, if the
citizen fails to get satisfactory redressal from Public Grievance Officer under section 21 of this Act.
23. Staff of Lokpal, etc.- (1) There shall be such officers and employees as may be prescribed to assist
the Lokpal in the discharge of their functions under this Act.
(2) The number and categories of officers and employees shall be decided by the Lokpal in
consultation with the government.
(3) The categories, recruitment and conditions of service of the officers and employees referred
in sub-section (1) including such special conditions or special pay as may be necessary for enabling them
to act without fear in the discharge of their functions, shall be such as may be prescribed according to
the recommendations of Lokpal.
Provided that no official, whose integrity is in doubt, shall be considered for being posted in
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