Mery Chirstmas

Lokpal and Lokayuktas Bill 2011 Introduced in Lok Sabha

Government today introduced in Lok Sabha the  Lokpal and Lokayuktas Bill, aimed at setting up the body of Lokpal at the Centre and  Lokayuktas at the level of the States. Government also introduced a Bill for amending the Constitution for conferment of Constitutional status on both bodies.  Government also withdrew earlier Lokpal Bill, 2011 as it decided to introduce a new comprehensive Lokpal and Lokayuktas Bill, 2011 Bill after consideration of the suggestions made by the Parliamentary Committee which recommended significant changes in the scope and content of the earlier Bill.

The salient features of the proposed new Bills are as under:-

Focus on improving accountability

Ø       Establishment of new institution in the Constitution called  Lokpal for theUnion and Lokayukta for the States.  These autonomous and independent bodies, shall have powers of superintendence and direction for holding a preliminary inquiry, causing an investigation to be made and prosecution of offences in respect of complaints under any law for the prevention of corruption.

Ø       The Bill provides a uniform vigilance and anti corruption road map for the nation, both at Centre and States. 

Ø       The Bill institutionalizes separation of investigation from prosecution and thereby removing conflict of interest as well as increasing the scope for professionalism and specialisation.

Structure of the Institution:

Ø       Lokpal will consist of a Chairperson and a maximum of eight Members of which fifty percent shall be judicial Members.

Ø       Fifty per cent of members of Lokpal shall be from amongst SC, ST, OBCs, Minorities and Women. 

Ø       There shall be an Inquiry Wing of the Lokpal for conducting the preliminary inquiry and an independent Prosecution Wing.

Ø       Officers of the Lokpal to include the Secretary, Director of Prosecution, Director of Inquiry and other officers.

 Process of selection:

Ø       The selection of Chairperson and Members of Lokpal shall be through a Selection Committee consisting of –

§         Prime Minister;

§         Speaker of Lok Sabha;

§         Leader of Opposition in the Lok Sabha;

§         Chief Justice of India or a sitting Supreme Court Judge nominated by CJI;

§         Eminent jurist to be nominated by the President of India

Ø       A Search Committee to assist Selection Committee in the process of selection. Fifty per cent of members of Search Committee shall be from amongst SC, ST, OBCs, Minorities and Women.

Jurisdiction:

Ø       Prime Minister to be brought under the purview of the Lokpal with  subject matter exclusions and specific process for handling complaints against the Prime Minister.  Lokpal can not hold any inquiry against the Prime Minister if allegations relate to:

§         International relations;

§         External and internal security of the country;

§         Public Order;

§         Atomic energy

§         Space.

Any decision of Lokpal to initiate preliminary inquiry or investigation against the Prime Minister shall be taken only by the Full Bench with a majority of 3/4th.  Such proceedings shall be held in camera.

Ø       Lokpal’s jurisdiction to include all categories of public servants including Group ‘A’, ‘B’, ‘C’ & ‘D’ officers and employees of Government.  On complaints referred to CVC by Lokpal, CVC will send its report of PE in respect of Group ‘A’ and ‘B’ officers back to Lokpal for further decision.  With respect to Group ‘C’ and ‘D’ employees, CVC will proceed further in exercise of its own powers under the CVC Act subject to reporting and review by Lokpal.

Ø       All entities receiving donations from foreign source in the context of the Foreign Contribution Regulation Act (FCRA) in excess of Rs. 10 lakhs per year are brought under the jurisdiction of Lokpal.

Ø       Lokpal will not be able to initiate inquiry suo moto.

Other significant features of the Bill

Ø       No prior sanction shall be required for launching prosecution in cases enquired by Lokpal or initiated on the direction and with the approval of Lokpal. 

Ø       A high powered Committee chaired by the Prime Minister with leader of the opposition in the Lok Sabha and Chief Justice of India as members,  will recommend selection of the Director, CBI.

Ø       Provisions for confiscation of property acquired by corrupt means, even while prosecution is pending.

Ø       Lokpal to be final appellate authority on all decisions by public  authorities relating to provision of public services and redressal of grievances containing findings of corruption.

Ø       Lokpal to have power of superintendence and direction over any investigation agency including CBI for cases referred to them.

Ø       The Bill lays down clear time lines for :

§         Preliminary enquiry – three months extendable by three months.

§         Investigation – six months extendable by six months.

§         Trial – one year extendable by one year.

Ø       The Bill proposes to enhance punishment under Prevention of Corruption Act :

(a)     Maximum punishment from 7 years to 10 years

(b)     Minimum punishment from 6 months to 2 years

Ø       The Bill proposes to give legal backing to Asset Declaration by public servants.

Ø       The Bill also seeks to make necessary consequential amendments in the Commissions of Inquiry Act, 1952, the Prevention of Corruption Act, 1988, the Code of Criminal Procedure, 1973, the Central Vigilance Commission Act, 2003, and the Delhi Special Police Establishment Act, 1946.

INDEFINITE STRIKE DATE CHANGED

 INDEFINITE STRIKE DATE CHANGED

FROM 3^rd JANUARY TO 17^th JANUARY, 2012.

        TAKING INTO CONSIDERATION THE DIFFICULTIES EXPRESSED BY SOME OF CIRCLE SECRETARIES AND GENERAL SECRETARIES GDS UNIONS FOR ORGANIZING STRIKE IN AN EFFECTIVE MANNER WITH IN A SHORT PERIOD, THE CENTRAL JCA HAS DECIDED TO POSTPONE THE DATE OF INDEFINITE STRIKE FROM 3^rd  JANUARY TO 17^th JANUARY, 2012. THERE IS NO CHANGE IN THE STRIKE NOTICE SERVING DATE AND HUNGER FAST BY GENERAL SECRETARIES.

       COPY OF THE STRIKE NOTICE AND CHARTER OF DEMANDS WILL BE EXHIBITED IN THE WEB SITE SHORTLY.

D.A TO CENTRAL GOVERNMENT EMPLOYEES.

GOVERNMENT OF INDIA – MINISTRY OF FINANCE – LOK SABHA

UNSTARRED QUESTION NO 859 

DA OF CENTRAL GOVERNMENT EMPLOYEES
859 . Smt. P. JAYA PRADA NAHATA
NEERAJ SHEKHAR
YASHVIR SINGH
Will the Minister of FINANCE be pleased to state:-
(a) whether Government has plans to increase dearness allowance effective from January,2011 for Central Government employees with a rate that commensurates with the inflationary trends and plights of working class in the past few months;
(b) if so, the details thereof and if not, the reasons therefore;
(c) whether Government has any proposals to declare DA as Dearness Pay when it will cross 50 per cent, as it was done during the 5th Pay Commission;
(d) if so, the details thereof; and
(e) if not the reasons therefore?
ANSWER
MINISTER OF THE STATE IN THE MINISTRY OF FINANCE (SHRI NAMO NARIAN MEENA)
(a)&fb): Increase in Dearness Allowance payable to Central Government employees with effect from January, 2011 will be worked out on basis of accepted formula which is based on the recommendation of 6th Central Pay Commission.
(ch(d) &(e): No proposal to declare DA as dearness pay, after DA crosses 50% is under consideration of the Government. The Sixth Pay Commission did not recommend merger of dearness allowance with Basic Pay at any stage. Government accepted this recommendation vide Government of India Resolution dated 29.8.2008.

Options Exercised Earlier on TBOP will not be a Bar for regular promotion as LSG Accountants

Confirmation Exam Removed in New Postal Assistant Recruitment Rules

In the revised PA recruitment rules, the confirmation examination has been removed. There is no confirmation examination hereafter. All will be confirmed by DPC committee as per 6 (i) (12) of the said rules.

Press release for new Tatkal ticket booking

To ensure the reserved accommodation in trains to the passengers, who need to travel by trains within a very short notice due to emergency, Shri Dinesh Trivedi, Hon’ble Minister for Railways has advised to implement new Tatkal booking scheme on and from Monday (tomorrow), 21 November 2011. This Tatkal booking facility is to be introduced to eliminate the possibility of booking of tickets by touts/miscreants through Tatkal scheme and sell to the passengers in emergency, against high premium. Booking procedure through new Tatkal scheme is given below:-

The Advance Reservation Period (ARP) of Tatkal scheme is reduced from two days to one day excluding the day of journey from the train originating station w.e.f Monday, 21 November 2011. For example, if a train is to depart from the originating station on the second of the month, the Tatkal quota for that particular train shall open at 08.00 hrs. on the first of the month.

i) Agents /Rail Travel Service Agencies (RTSAs) will not be allowed booking Tatkal tickets at the counters between 08.00 hrs. and 10.00 hrs. on the opening day of Tatkal Advance Reservation Facility for booking with train starting date falling beyond 22/11/2011. RTSA opted Tatkal booking in normal counters also will not be allowed between 08.00 hrs and 10.00 hrs. on the opening day of Tatkal for booking with train starting date falling beyond 22 November 2011.

ii) System will allow to book only maximum 4 passengers in a Tatkal booking w.e.f 21/11/2011.

iii) Tatkal tickets shall be issued only on production of one of the eight prescribed proofs of identity as per procedure explained below:-

a) For this purpose, a self-attested photocopy of the proof of identity of any one passenger should be attached to the requisition slip.

b) The details of the identity proof will be captured by the system and indicated on the reserved tickets as well on the reservation chart. It will not be mandatory for the passenger(s) to go to the counter to book the Tatkal ticket, however, the proof will have to be sent in the aforementioned manner.

c) During the journey, the passenger, whose identity card number has been indicated on the ticket, will have to produce original proof of identity indicated on the ticket, failing which all the passengers booked on the ticket shall be treated as travelling without ticket and charged accordingly. Indication will come on the ticket regarding carrying the same original proof of identity during the journey, as indicated on the ticket.

d) If the passenger whose identity card number is indicated on the ticket is not travelling, all other passengers booked on that ticket, if found travelling in train, will be treated as travelling without ticket and charged accordingly.

e) For booking done on more than one passenger, system will allow to input identification numbers passenger-wise in case if identification proofs are submitted by the concerned passengers. Input identification card information will be printed passenger-wise on the tickets as well as on the reservation chart. In such cases, in case of non-travelling of one of the passengers whose proof of identity has been indicated, other passenger(s) can undertake the journey on production of original proof of identity by the other passenger(s) whose proof of identity has been indicated on the ticket as well as on the reservation chart

f) . No refund will be granted on cancellation of Tatkal confirmed tickets subject to the exception such as cancellation of trains/late running of trains for more than 3 hours, etc.

g) Cameras will be installed at the ticket counters to maintain stricter vigilance.