New Delhi: Anna Hazare has written to Prime Minister Manmohan Singh that he will break his fast only if his demands of including the lower bureaucracy, citizen's charter and the appointment of lokayuktas in every state are included in the resolution to be taken up in Parliament. Here's what the civil society's draft of Jan Lokpal Bill has to say on the three topics:
Inclusion of lower bureaucracy
The Jan Lokpal Bill does not make any distinction between the different grades of government employees and terms them all as "Government Servant" which means "a public servant, who is not an elected representative or a judicial officer".
It further defines "Public servant" as having the same meaning as defined in section 2(c) of Prevention of Corruption Act 1988.
The Prevention of Corruption Act 1988 defines a public servant as:
"(c) "Public servant" means-
(i) any person in the service or pay of the Government or remunerated by the Government by fees or commission for the performance of any public duty;
(ii) any person in the service or pay of a local authority ;
(iii) any person in the service or pay of a corporation established by or under a Central, Provincial or State Act, or an authority or a body owned or controlled or aided by the Government or a Government company as defined in section 617 of the Companies Act, 1956;
(iv) any Judge, including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions;
(v) any person authorised by a court of justice to perform any duty, in connection with the administration of justice, including a liquidator, receiver or commissioner appointed by such court;
(vi) any arbitrator or other person to whom any cause or matter has been referred for decision or report by a court of justice or by a competent public authority;
(vii) any person who holds an office by virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election;
(viii) any person who holds an office by virtue of which he is authorised or required to perform any public duty;
(ix) any person who is the president, secretary or other office-bearer of a registered co-operative society engaged in agriculture, industry, trade or banking, receiving or having received any financial aid from the Central Government or a State Government or from any corporation established by or under a Central, Provincial or State Act, or any authority or body owned or controlled or aided by the Government or a Government company as defined in section 617 of the Companies Act, 1956;
(x) any person who is a chairman, member or employee of any Service Commission or Board, by whatever name called, or a member of any selection committee appointed by such Commission or Board for the conduct of any examination or making any selection on behalf of such Commission or Board;
(xi) any person who is a Vice-Chancellor or member of any governing body, professor, reader, lecturer or any other teacher or employee, by whatever designation called, of any University and any person whose services have been availed of by a University or any other public authority in connection with holding or conducting examinations;
(xii) any person who is an office-bearer or an employee of an educational, scientific, social, cultural or other institution, in whatever manner established, receiving or having received any financial assistance from the Central Government or any State Government, or local or other public authority.
Explanation 1.-Persons falling under any of the above sub-clauses are public servants, whether appointed by the Government or not.
Explanation 2.-Wherever the words "public servant" occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation."
Citizen's Charter
Section 25 of the Jan Lokpal Bill discusses the Citizen's Charter:
(1) Each public authority shall prepare a specific charter within a reasonable time not exceeding one year from the coming into force of this Act.
(2) Every citizens' charter shall enumerate the public authority's commitments to the citizens which are capable of being met within a specific time limit and shall designate the officer whose duty would be to fulfill the commitment of the public authority.
(3) If any public authority does not prepare its citizen's charter within a year, Lokpal shall notify the citizen's charter on its own after consulting the public authority and the same shall be binding on that authority.
(4) Each public authority shall make an assessment of the resources required to implement the citizen's charter and the government shall provide such resources.
(5) Each public authority shall designate an official called Public Grievance Redressal Officer in each station where the public authority has an office, to whom a complaint could be made for any violation of the citizens' charter.
(6) The Senior most officer of that public authority in that office will be de signated as the Public Grievance Redressal Officer.
(7) It shall be the duty of the Grievance Redressal Officer to get the grievance redressed within a period of 30 days from the receipt of the complaint.
(8) In the event of even the Grievance Redressal Officer not getting the grievance redressed within the specific period of 30 days a complaint could be made to the Lokpal.
(9) The Lokpal after hearing the Grievance Redressal Officer would impose suitable penalty not exceeding Rs. 500/- for each day's delay but not exceeding Rs. 50,000/- to be recovered from the salaries of the Grievance Redressal Officer.
(10) Apart from levying the penalty on the Grievance Redressal Officer, the Lokpal may also in suitable cases recommend to the appropriate authority to have departmental punishment imposed on the Grievance Redressal Officer.
(11) The Lokpal will also issue a direction to an appropriate authority to get such grievances redressed within the time to be fixed by the Lokpal.
(12) Every public authority shall review and revise its Citizens Charter at least once every year through a process of public consultation to be held in the presence of a representative of Lokpal.
(13) Lokpal may direct any public authority to make such changes in their citizens' charter as are mentioned in that order and that public authority shall make such changes within a month of the receipt of such order."
Appointment of lokayuktas in every state
The civil society's draft Jan Lokpal Bill does not draw out the provisions for Lokayuktas in the states. But the draft in an endnote states, "This draft provides only for the Lokpal for central public servants. Similar provisions for Lokayuktas in the States to deal with public servants of the State will have to be incorporated in the bill."
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