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Saturday 24 September 2011

What is Lokpal Bill?


The 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.

Thursday 22 September 2011

Seven Wonders of Maharashtra

Blogon | Seven Wonders of Maharashtra

Maharashtra, a state located in the Western part of India, is gifted with land of mysticism which inspires cultural practices. The state Maharashtra has been attracted by number of nature lovers and the vacationers giving them a life changing environment. The Maharashtra state is surrounded by amazing evergreen beautiful places like Khandala, Lonavla or Mahabaleshwar! All the places are gorgeous during the rainy season.
Lonavla:
Lonavla is a renowned place of Maharashtra where everyone can realize that nature existing in its entire splendor.  Lonavla has been covered with hills, waterfalls and valleys with lush green environment. You can see a fabulous view of mountains which is trying to attain the sky, whereas, sun rise early in the morning at Lonavla give you a feeling of joy and happiness with full of zeal which you never experienced anywhere.
Mahabaleshwar:
Mahabaleshwar is the best famous spot of Maharashtra which can be known as “Queen of Hill Stations”!!! This awesome place is located with the altitude of 1,372 m in the district of Satara within the heart of Hills of Sahyadri.  The speciality of this place is emerging with scenic splendor, various views of sunset and sun rise with the valleys and the unbelievable sea which can be visible at particular days.
Khandala:
Khandala is a "Place of Beauty" in the Maharashtra. Once you visited, you will never forget all the experience which you have felt and enjoyed here. If you are thinking of enjoying the holiday vacations, Khandala will be the best option to enjoy the vacations. If you are travelling to Maharashtra, and not visiting the Khandala, you are lacking a great place to feel pleasure of nature. Though it looks like a small hill station, but, it will definitely provide an experience of lush greenery. Trekking trails at Khandala preserves you engaged all through your Khandala tour.
Panchgani:
Panchgani, an idyllic mountain retreat in the Krishna valley of Maharashtra, will be seen on the Mahabaleshwar-Pune highway inside the Satara district and Situated at an altitude of 1,334 M. The name gives as “Panchgani” because of the five hills around it. Here, all can experience that a nature walks through the thickly canopied woods. Tapola near Panchgani is special to enjoy water sports.
Matheran:
From Mumbai, a place 171 Km away commonly known as “Matheran”, also deals with the lush green environment. At Matheran, vehicles are not allowed to save the environment from pollution. The only permitted transportation is on horseback and hand-pulled rickshaws.
Chikhaldara:
Chikhaldara in Maharashtra is a rapidly growing area of coffee whose history defines that Bheema killed the villainous King Keechaka and threw him into the valley. Chikhaldara hill resort is situated in the Vidarbha region and nurtures wild boar, panthers, sambar, sloth bears etc.
Bhandardara:
Bhandardara, a destination 185 Kms from Mumbai furnished with lush green hills, serene lakes and brisk waterfalls. This place can be climb up to see the Ratangad and Harishchandragad fort conquers the highest peak in Maharashtra commonly referred as “Mount Kalsubai” which is 1646 m in height.

What is Sirf Offers?

Blogon | What is Sirf Offers?


Sirf Offers is a complete Internet-based marketing service for Merchants to promote their products and services in their community. Using the Sirf Offers service, participating merchants collect their customer’s contact information with their permission enabling them to send offers via email and text messages. Customers redeem special offers by displaying their coupon or text message at the time of their purchase.
GREAT VALUES ARE ONLY A CLICK AWAY!!!
      
Great values are only a click away. Coupons are often elusive, buried in the half a foot of junk mail, magazines, newspapers, report cards, and memos on our kitchen tables. And, when we do find them, they’re often for businesses we don’t frequent. Isn’t it time you had a quick, easy way to access great deals for local businesses—those you really want to go to?
What if you could?
If you want to start receiving all of the latest and best offers from local businesses, choose a location below, find your Sirf Offers, sign up, and scroll through current offers. It’s as simple as that.
     

Sirf Offers Customer Loyalty Program
The most important customer to a local business is one it has already done business with. Build a fence around your customers with the Sirf Offers customer loyalty program. Our program allows business owners to identify and database existing and new customers both at their location and online and then send enticing promotions via our state-of-the-art permission-based email and text message system.
Email Customer Loyalty
   

 
It starts when a Merchant invites a customer to join their loyalty program to receive “special offers” and “discounts” for their business. The customer fills out a small card with their information to opt into the loyalty program and Sirf Offerscreates a database of the businesses customers.

Texting Customer Loyalty Program
   

 
Merchants are able to send text messages with a special offer to their customers via their Merchant Panel on Sirf Offers website. Customers provide their cell phone information at the merchant’s physical location when invited to join their customer loyalty program, on the Merchants website or online at the local Sirf Offers website. Customers redeem the special offers by displaying the text message on their cell phone to the participating merchant. 

Sirf Offers Local Website
   
Merchants build brand awareness 24/7 by placing their image at the forefront of visitors on the local Sirf Offers Website. Consumers are led to a locally focused Sirf Offers website by the customer loyalty emails and the weekly email / SMS update. They are then able to proactively search for the type of business, product or service they wish to save money at in their local community. Each Merchant will have a company profile/mini website that promotes their special offers and provides general information on the business with links to their website, contact information and a Google Map to their location. Grow your business by expanding traffic to your private or mini-website and/or generate views and prints of your special offers.

Government Lokpal Bill Vs Jan Lokpal Bill - Comparative Chart

Blogon | Government Lokpal Bill Vs Jan Lokpal Bill - Comparative Chart


Rather than gunning for the corrupt and corruption, government’s Lokpal seems to be gunning for those who complain against corruption.
How will Government’s Lokpal work?
Suppose some citizen files a complaint to Lokpal against some corrupt government servant. Before the investigations actually start, the government servant can file a cross complaint against the citizen straight to the special court, without any preliminary enquiry by any agency, that the complaint is false or frivolous. The government will provide free advocate to the government servant to file this case. The citizen will have to defend himself on his own!
Then there is stiffer punishment for the complainant than the corrupt government servant. If the Special Court concludes that the complaint is frivolous or false, the citizen faces a minimum of two years of punishment. But if the corruption charges against government servant are proved, there is a minimum of six months of punishment for the corrupt government servant!
Government’s Lokpal will have jurisdiction over all NGOs in the country but it will have jurisdiction over less then o.5% of all government employees.
Government argued that the Lokpal would get overwhelmed with too many cases if all public servants were brought under its ambit. So, government has restricted its jurisdiction only to 65,000 Group A officers. Also, state employees will not be covered by Lokpal. There are 4 million central government employees and 8 million state government employees.
In sharp contrast, all NGOs are covered under government’s Lokpal, small or big, whether in state or centre. Even unregistered groups of people in remote villages are covered under the ambit of Lokpal. So, in a remote village, if a group of youngsters detect corruption in panchayat works using RTI, the youngsters can be hauled up by Lokpal but Lokpal would not have jurisdiction over Sarpanch, BDO or their corruption.
Whereas Lokpal would not have jurisdiction over Delhi government officials, it would have jurisdiction over all RWAs in Delhi. All small neighborhood groups who raise donations to do Ramlila or Durga Puja would be under Lokpal’s scanner.
Lokpal could haul up activists from any of the farmers, labour, anti-corruption, land, tribal or any other movements. All the movements – whether registered or not, are under the jurisdiction of Lokpal.
There are 4.3 lakh registered NGOs. But there would be several million unregistered groups across the country. Lokpal would have jurisdiction over all of them.
No one can dispute the fact that corruption in NGOs needs to be addressed. But how can you leave most public servants out of Lokpal’s purview but bring NGOs upto village level within its purview
Issue
Our view
Government’s view
Comments
Prime MinisterLokpal should have power to investigate allegations of corruption against PM. Special safeguards provided against frivolous and mischievous complaintsPM kept out of Lokpal’s purview.As of today, corruption by PM can be investigated under Prevention of Corruption Act. Government wants investigations to be done by CBI, which comes directly under him, rather than independent Lokpal
JudiciaryLokpal should have powers to investigate allegation of corruption against judiciary. Special safeguards provided against frivolous and mischievous complaintsJudiciary kept out of Lokpal purview.Government wants this to be included in Judicial Accountability Bill (JAB). Under JAB, permission to enquire against a judge will be given by a three member committee (two judges from the same court and retd Chief justice of the same court). There are many such flaws in JAB. We have no objections to judiciary being included in JAB if a strong and effective JAB were considered and it were enacted simultaneously.
MPsLokpal should be able to investigate allegations that any MP had taken bribe to vote or speak in Parliament.Government has excluded this from Lokpal’s purview.Taking bribe to vote or speak in Parliament strikes at the foundations of our democracy. Government’s refusal to bring it under Lokpal scrutiny virtually gives a license to MPs to take bribes with impunity.
Grievance redressalViolation of citizen’s charter (if an officer does not do a citizen’s work in prescribed time) by an officer should be penalized and should be deemed to be corruption.No penalties proposed. So, this will remain only on paper.Government had agreed to our demand in the Joint committee meeting on 23rdMay. It is unfortunate they have gone back on this decision.
CBIAnti-corruption branch of CBI should be merged into Lokpal.Government wants to retain its hold over CBI.CBI is misused by governments. Recently, govt has taken CBI out of RTI, thus further increasing the scope for corruption in CBI. CBI will remain corrupt till it remains under government’s control
Selection of Lokpal members1. Broad based selection committee with 2 politicians, four judges and two independent constitutional authorities. 

2. An independent search committee consisting of retd constitutional authorities to prepare first list.
3. A detailed transparent and participatory selection process.
1. With five out of ten members from ruling establishment and six politicians in selection committee, government has ensured that only weak, dishonest and pliable people would be selected. 

2. Search committee to be selected by selection committee, thus making them a pawn of selection committee
3. No selection process provided. It will completely depend on selection committee
Government’s proposal ensures that the government will be able to appoint its own people as Lokpal members and Chairperson. Interestingly, they had agreed to the selection committee proposed by us in the meeting held on 7th May. There was also a broad consensus on selection process. However, there was a disagreement on composition of search committee. We are surprised that they have gone back on the decision.
Who will Lokpal be accountable to?To the people. A citizen can make a complaint to Supreme Court and seek removal.To the Government. Only government can seek removal of LokpalWith selection and removal of Lokpal in government’s control, it would virtually be a puppet in government’s hands, against whose seniormost functionaries it is supposed to investigate, thus causing serious conflict of interest.
Integrity of Lokpal staffComplaint against Lokpal staff will be heard by an independent authorityLokpal itself will investigate complaints against its own staff, thus creating serious conflicts of interestGovernment’s proposal creates a Lokpal, which is accountable either to itself or to the government. We have suggested giving these controls in the hands of the citizens.
Method of enquiryMethod would be the same as provided in CrPC like in any other criminal case. After preliminary enquiry, an FIR will be registered. After investigations, case will be presented before a court, where the trial will take placeCrPC being amended. Special protection being provided to the accused. After preliminary enquiry, all evidence will be provided to the accused and he shall be heard as to why an FIR should not be regd against him. After completion of investigations, again all evidence will be provided to him and he will be given a hearing to explain why a case should not be filed against him in the court. During investigations, if investigations are to be started against any new persons, they would also be presented with all evidence against them and heard.Investigation process provided by the government would severely compromise all investigations. If evidence were made available to the accused at various stages of investigations, in addition to compromising the investigations, it would also reveal the identity of whistleblowers thus compromising their security. Such a process is unheard of in criminal jurisprudence anywhere in the world. Such process would kill almost every case.
Lower bureaucracyAll those defined as public servants in Prevention of Corruption Act would be covered. This includes lower bureaucracy.Only Group A officers will be covered.One fails to understand government’s stiff resistance against bringing lower bureaucracy under Lokpal’s ambit. This appears to be an excuse to retain control over CBI because if all public servants are brought under Lokpal’s jurisdiction, government would have no excuse to keep CBI.
LokayuktaThe same bill should provide for Lokpal at centre and Lokayuktas in statesOnly Lokpal at the centre would be created through this Bill.According to Mr Pranab Mukherjee, some of the CMs have objected to providing Lokayuktas through the same Bill. He was reminded that state Information Commissions were also set up under RTI Act through one Act only.
Whistleblower protectionLokpal will be required to provide protection to whistleblowers, witnesses and victims of corruptionNo mention in this law.According to govt, protection for whistleblowers is being provided through a separate law. But that law is so bad that it has been badly trashed by standing committee of Parliament last month. The committee was headed by Ms Jayanthi Natrajan. In the Jt committee meeting held on 23rd May, it was agreed that Lokpal would be given the duty of providing protection to whistleblowers under the other law and that law would also be discussed and improved in joint committee only. However, it did not happen.
Special benches in HCHigh Courts will set up special benches to hear appeals in corruption cases to fast track themNo such provision.One study shows that it takes 25 years at appellate stage in corruption cases. This ought to be addressed.
CrPCOn the basis of past experience on why anti-corruption cases take a long time in courts and why do our agencies lose them, some amendments to CrPC have been suggested to prevent frequent stay orders.Not included 
Dismissal of corrupt government servantAfter completion of investigations, in addition to filing a case in a court for prosecution, a bench of Lokpal will hold open hearings and decide whether to remove the government servant from job.The minister will decide whether to remove a corrupt officer or not. Often, they are beneficiaries of corruption, especially when senior officer are involved. Experience shows that rather than removing corrupt people, ministers have rewarded them.Power of removing corrupt people from jobs should be given to independent Lokpal rather than this being decided by the minister in the same department.
Punishment for corruption1. Maximum punishment is ten years 

2. Higher punishment if rank of accused is higher
3. Higher fines if accused are business entities
4. If successfully convicted, a business entity should be blacklisted from future contracts.
None of these accepted. Only maximum punishment raised to 10 years. 
Financial independenceLokpal 11 members collectively will decide how much budget do they needFinance ministry will decide the quantum of budgetThis seriously compromises with the financial independence of Lokpal
Prevent further lossLokpal will have a duty to take steps to prevent corruption in any ongoing activity, if brought to his notice. If need be, Lokpal will obtain orders from High Court.No such duties and powers of Lokpal2G is believed to have come to knowledge while the process was going on. Shouldn’t some agency have a duty to take steps to stop further corruption rather than just punish people later?
Tap phonesLokpal bench will grant permission to do soHome Secretary would grant permission.Home Secretary is under the control of precisely those who would be under scanner. It would kill investigations.
Delegation of powersLokpal members will only hear cases against senior officers and politicians or cases involving huge amounts. Rest of the work will be done by officers working under LokpalAll work will be done by 11 members of Lokpal. Practically no delegation.This is a sure way to kill Lokpal. The members will not be able to handle all cases. Within no time, they would be overwhelmed.
NGOsOnly government funded NGOs coveredAll NGOs, big or small, are covered.A method to arm twist NGOs
False, Frivolous and vexatious complaintsNo imprisonment. Only fines on complainants. Lokpal would decide whether a complaint is frivolous or vexatious or false.Two to five years of imprisonment and fine. The accused can file complaint against complainant in a court. Interestingly, prosecutor and all expenses of this case will be provided by the government to the accused. The complainant will also have to pay a compensation to the accused.This will give a handle to every accused to browbeat complainants. Often corrupt people are rich. They will file cases against complainants and no one will dare file any complaint. Interestingly, minimum punishment for corruption is six months but for filing false complaint is two years.