LOKPAL BILL : SOME HIGHLIGHTS : FOR THE ATTENTION OF SOCIETIES / AOP : REGISTERED OR NOT :

THE LOKPAL BILL, 2011

CHAPTER VI, Clause : 
( f ) any person who is or has been a director, manager, secretary or other officer of every other society or association of persons or trust ( whether registered under any law for the time being in force or not ) wholly or partly financed or aided by the Government and the annual income of which exceeds such amount as the Central Government may by notification specify;

( g ) any person who is or has been a director, manager, secretary or other officer of every other society or association of persons or trust ( whether registered under any law for the time being in force or not ) in receipt of any donation from the public and the annual income of which exceeds such amount as the Central Government may by notification specify;

Provided that nothing in this section shall apply in relation to the Prime Minister, in whatever capacity he may be holding an office as a public functionary;

Provided further that any person referred to in this clause shall be deemed to be a public servant under clause ( c ) of section 2 of the Prevention of Corruption Act, 1988 and the provisions of that Act shall apply accordingly;

Provided also that nothing in clause ( e ) and ( f ) and this clause shall apply to any society or association of persons or trust constituted for religious purposes.

===============================================

It simply means that if you form a Society / AOP  registered or not, with annual income to be notified by central govt., you will be deemed to be a Public servant under the Prevention of Corruption Act. But the Societies / AOP for religious purposes are not included in it ( But can not understand why Mr Arvind Kejriwal has referred in Media that all the religious societies / AOP of various Mandir, gurudwara, Church, Mosques are included under this section. Will read it again as E & O E ). Still going through the contents of The Lokpal Bill, 2011 & will revert soon with more details. with best regards.

B S Vohra 

New Lokpal bill 'worse' than old one: Team Anna

Team Anna on Thursday rejected the Lokpal bill describing it as "anti-people and dangerous" and demanded that a new bill be brought in Parliament that will make the Central Bureau of Investigation independent and decentralise the proposed anti-corruption body.

Addressing a press conference, Team Anna member Arvind Kejriwal said the new bill was "worse" than the legislation introduced in August in Lok Sabha alleging that the government does not want a comprehensive anti-graft ombudsman.

"Under the present bill, government will have all the control over Lokpal as it will have powers to appoint and remove members at its will.

"It is worse than the Lokpal Bill introduced in August. We reject the (new) bill, withdraw it and introduce it after redrafting it," Kejriwal said. Describing the new bill as "anti-people and dangerous", he said the proposed legislation is meant to crush the rights enjoyed by people.

"Only ten per cent of the political leaders are in the bill. Only five per cent of employees are in its ambit. Big companies are out of it.

with thanks : rediff : link in the headline above for detailed news.

LOKEPAL BILL AND THE COMMON MAN

Lot of hype and expectations are hoped to be met through this bill. In a few days it may become law and result into great rejoicings. BUT

Existing laws are atleast sufficient to tackle small small problems which as residents of Madhuvan new delhi 110092 we brought to to the notice of joint commissioner police when he along with team of officers along with sho of area had interaction with us. Some of the salient points made are listed below for your kind information as most of our areas suffer from similar problems.

1. I offered rs 1,000/ to any body who could walk along madhuvan side foot path from shakapur T point to narula market preet vihar. This stretch is occupied by unauthorised dhabas, taxi stands(WHO SEND PVT VEHICLES AS TAXIS). EVEN area near sho police station preet vihar is surrounded by illegal buses and tempos parked in area meant for cars and two wheelers.

2. Our madhuvan colony was established by IAS OFFICERS, HIGH COUR AND SUPREME COURT JUSTICES, BESIDES LT.GOVERNOR WHO WAS RETIRED POLICE OFFICERS. I AM ASHAMED THAT OUR SOCIETY OCCUPIED 10 FT STRIP OF DDA NH PARK which was confirmed by MCD BUT STATED ACTION TO BE TAKEN BY DDA. THIS ILLEGALITY OCCURED IN 1995.

When i came to know this i apprised MC PLUS PRESIDENT OF SOCIETY but they did vacate the strip. Un believable as it may seeem MCD DID NOT SANCTION BUILDING PLANS OF OUR CC AND HENCE IT CAN BE TERMED AS ILLEGAL CONSTRUCTION.

I am only making a point that there is no dearth of laws which cannot solve our day to day problems but there has to be will to act. There was a news that councillors of BJP AND MCD HAVE BEEN DEMANDING BRIBE TO CONDONE ILLEGALCONSTRUCTIONS.

LALITA PARK ILLEGALLY BUILT BUILDING FLOUTED ALL NORMS AND RESULTED INTO DEATH OF 70 PERSONS. WHERE WERE INSPECTING AUTHORITIES.

We as rwas and societies must voice our concern and make efforts that corrupt persons get their just dessert.

K K Ghei

Lokpal bill draft gets Cabinet nod; Team Anna, oppposition reject it

NEW DELHI: The Cabinet finally cleared theLokpal and Lokayukta bill on Tuesday evening, but their key formulations were promptly slammed by both Team Anna and the opposition, setting the stage for a continuing confrontation within and outside Parliament. 

Although government put Group C&D categories of government employees under Lokpal's purview, civil society activists screamed foul over lack of investigation powers for the anti-corruption mechanism. Retention of government's administrative control over theCentral Bureau of Investigation -- power to decide transfers and postings within the organization -- is another major bone of contention with the activists and main opposition BJP. 

Both are also cut up with the government over the composition of selection panel for Lokpal, saying that it was dominated by government's nominees. 

The proposal to split CBI's investigative and prosecution wings and place the latter under the Lokpal has not found favour, thus helping both CBI and CVC survive attempts to render them Lokpal adjuncts. According to the draft bills, CBI will report to the Lokpal only with regard to cases referred to it by the anti-corruption ombudsman. Lokpal will have a greater jurisdiction over CVC, but the latter will not be hamstrung from taking up cases on its own and referring those to the CBI. 

The government, however, agreed to end its monopoly on appointing the CBI chief and has agreed to a selection committee comprising the prime minister, leader of opposition and chief justice of India or one of his nominees. 

Also, Lokpal can initiate a preliminary inquiry in a case of alleged graft. 

The Cabinet shed its previous reservations over placing the PM within the Lokpal's ambit although the bill excludes inquiries in matters relating to areas like national security and foreign policy, space and atomic energy. Three-fourths of the Lokpal members will have to okay an inquiry against the PM, while the proceedings will be held in-camera. Here again, Team Anna differs with the draft, calling for the law to cover the PM unconditionally. 

Given Team Anna and the opposition's rejection of important aspects of the draft, there is a concern in government that the Centre will have to face both the Hazare agitation, the hostility of opposition groups and the resentment of all levels of government employees who are now covered by the bill. 

The bill states the Lokpal will be a 9-member body, including the chairperson and it will have a 50% reservation for OBCs, SCs, STs and minorities. There will be a quota in the search committee as well that will make recommendations to a 5-person selection panel comprising PM, leader of opposition in Lok Sabha, Speaker of Lok Sabha, Chief Justice of India or a nominee and a legal expert nominated by President. 

with thanks : Times of India : link in the headline above for detailed news. MUST READ.