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Delhi’s Janlokpal Bill – Why is it Creating a Jitter?

Delhi’s Janlokpal Bill – Why is it Creating a Jitter? – The Delhi Janlokpal Bill also prohibits public servant to take up “employment, assignment or consultancy” for two years after his retirement.

Delhi government has given a strong message to bureaucrats by making a provision in the proposed Janlokpal Bill that looks to change the ‘chalta hai’ attitude in the bureaucracy and the corruption that mars government functioning. Here are top 10 crucial things to note about the Delhi government policy :

1. The Delhi Janlokpal Bill proposes action against private entities, which not only includes imprisonment for top management of the company and five times recovery of losses incurred, but also prescribes blacklisting of firms in future government contracts if found involved in acts of corruption. “The loss caused shall be recovered from the convict and the recovery may be made from the assets of the convicted business entity and from the personal assets of its Managing Directors or Directors or any other persons responsible for the management and control of such entity, if the assets of the convicted person are inadequate,” section 17(iv) of the Bill states.

2. The Delhi Janlokpal Bill also prohibits public servant to take up “employment, assignment or consultancy” for two years after his retirement.

3. Delhi Janlokpal Bill further prescribes attaching the property of top bosses of the business entities. Government sources said the section will come handy in dealing with erring private entities in different sectors.

4. Delhi Janlokpal Bill has also prescribed a cooling period for public servants for joining any private entity or doing any consultancy work. “No public servant, for a period of two years immediately after he ceases to be such public servant, shall be eligible to take up any employment, assignment, consultancy, etc with or for any person, private company or firm or public private partnership or private organisation with which he had substantially dealt with in his official capacity during the last period of five years immediately before he ceased to be the public servant,” section 24 of the Bill states.

5. Under the Janlokpal Bill the ombudsman will have powers to confiscate and attach properties of officials involved in corrupt acts. Janlokpal can even sentence someone to life imprisonment.

6. Under Ombudsman may attach, confiscate assets gained by a public servant through the acts of corruption the AAP government proposes that that a person who files false complaint will be punished with rigorous imprisonment which may extend to one year or with fine which may extend to one lakh rupees or with both.

7. According to Janlokpal Bill, the janlokpal can constitute a prosecution wing and appoint a Director of Prosecution and such other officers and employees to assist the Director of Prosecution for the purpose of prosecution of public servants in relation to any complaint made under this Act.

8. After the approval of the Janlokpal, the Director of prosecution shall file a case before the special court and take all necessary steps in respect of the prosecution of the public servants in relation to any offence punishable under this act.

9. Janlokpal Bill also proposes higher punishment for a public servant holding higher rank thereby becoming an exemplary ensuring accountability and responsibility.

10. “In case of willful or malicious false complaints there is provisions of imprisonment or fine or both, Janlokpal will file a case in court for false complaint and court has to uphold it as false case for punishment. False complaints will also be decided by the judiciary,” the Delhi Janlokpal Bill stated.

Source: Financial Express

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