The Arvind Kejriwal Government is likely to bring a proposal of Jan lokpal Bill 2014 based on the Uttarakhand lokayukta Bill 2011. According to Chief Minister Arvind Kejriwal, the draft of the Jan lokpal Bill 2014 is based on the Uttarakhand Government’s lokayukta Bill 2011, having stringent provisions in the Act. The Bill is likely to be finalised by next week. The existing Delhi lokayukta Act will be repealed and replaced with a Bill modelled on their own Jan lokpal Bill. The Bill envisages a Jan lokpal or lokayukta heading the anti-corruption wing in Delhi with powers to tap phones, conduct surveillance and independent inquires. However, any law in Delhi that requires the services of a police force needs ratification from the Home Ministry. Jan lokpal Act passed by the Centre has provision to constitute lokayukta for States. As per Act, the Centre has defined the role of lokayukta for State Government.
Top sources said that Kejriwal’s Jan lokpal Bill proposes to conduct departmental inquiry against corrupt officials and recommend dismissal, removal and reduction in their ranks. The recommendation will be binding on the Government. For speedy trial, there is a provision for setting up of special courts established under the Prevention of Corruption Act 1988, where the charges will be filed after completion of investigation. The period of investigation is restricted to only six months.
For any act of corruption, the punishment will not be less than six months of rigorous imprisonment and may extend up to ten years. In the rarest of rare cases, the punishment may extend up to imprisonment for life. The Act also envisages the special court to take into consideration the higher rank of an accused to inflict a more severe punishment.
If the beneficiary of an offence is a business entity, in addition to the other punishments provided under the act, a fine up to five times the loss caused to the public would be recovered from the convict and the recovery may be made from the assets of the business entity and from the personal assets of its managing director/directors, in case the assets are inadequate.
If any company or any of its officer or director is convicted for any corruption offence, then the company along with other companies promoted by it, will be blacklisted and be ineligible for undertaking any Government work or contract in future.
The Bill also makes it mandatory that if a public servant is convicted on the charges of corruption, that person shall stand removed from his or her office.
The lokayukta will have power to recommend cancellation or modification of a lease, licence, permission, contract or agreement in case it found any corruption in such related cases.