Lokpal Update – 1st October 2016
The Orissa High Court has admitted the writ filed by Dr. Manoj Fogla
and Mr. Jagadananda and issued a four weeks’ notice to the Central
Government to respond.
and Mr. Jagadananda and issued a four weeks’ notice to the Central
Government to respond.
Shri. Anand
Sharma has been appointed Chairperson of The Parliamentary Standing
Committee on Personnel, Public Grievances, Law and Justice.
Sharma has been appointed Chairperson of The Parliamentary Standing
Committee on Personnel, Public Grievances, Law and Justice.
The
Court’s Notice
Court’s Notice
The Orissa High Court has issued
notices to the Ministries of Law and Justice, Home, Personnel, Public
Grievance and Pensions after a writ petition was filed seeking
declaration of Section 14(1)(h) of Lokpal and Lokayuktas Act, 2013 as
ultra vires to the provisions of the Constitution of India.
notices to the Ministries of Law and Justice, Home, Personnel, Public
Grievance and Pensions after a writ petition was filed seeking
declaration of Section 14(1)(h) of Lokpal and Lokayuktas Act, 2013 as
ultra vires to the provisions of the Constitution of India.
A division bench of the High Court
comprising Chief Justice Vineet Saran and Justice B R Sarangi has
asked the Ministries to submit their responses within four weeks.
comprising Chief Justice Vineet Saran and Justice B R Sarangi has
asked the Ministries to submit their responses within four weeks.
Quoting the provision of Section
14 (1) (h) of Lokpal and Lokayuktas Act, 2013, the petitioners urged
the High Court that Clause (h) of Section 14(1) of the Act declares
as ‘public servant’ the director, manager, secretary or other
officers of every other society or association of persons or trust
who receive donations in excess of `10 lakh from foreign sources by
being registered under the FCRA Act, 2010.
14 (1) (h) of Lokpal and Lokayuktas Act, 2013, the petitioners urged
the High Court that Clause (h) of Section 14(1) of the Act declares
as ‘public servant’ the director, manager, secretary or other
officers of every other society or association of persons or trust
who receive donations in excess of `10 lakh from foreign sources by
being registered under the FCRA Act, 2010.
The writ appears to have
challenged the constitutional validity of only Section 14(1)(h) and
not Section 14(1)(g) under which:
“Any person who is or has been a Director,
Manager, Secretary or other Officer of every other Society or
Association of Persons or Trust (whether registered under
any law for the time being in force or not), by whatever name called,
wholly or partly financed by the Government and the annual income of
which exceeds Rs. 1 Crore”
challenged the constitutional validity of only Section 14(1)(h) and
not Section 14(1)(g) under which:
“Any person who is or has been a Director,
Manager, Secretary or other Officer of every other Society or
Association of Persons or Trust (whether registered under
any law for the time being in force or not), by whatever name called,
wholly or partly financed by the Government and the annual income of
which exceeds Rs. 1 Crore”
It would be interesting to see
the government’s response to the court’s notice.
the government’s response to the court’s notice.
The Lokpal and Lokayukta (Amendment)
Act, 2016
Act, 2016
The Lokpal and Lokayukta (Amendment)
Act, 2016 has already substantially diluted the draconian provisions
of Section 44, including doing away with the requirement to declare
the assets of spouse and dependent children and publishing
statements filed by “public servants” (trustees and officers of
NGOs and charitable institutions) on the Ministry’s website.
Act, 2016 has already substantially diluted the draconian provisions
of Section 44, including doing away with the requirement to declare
the assets of spouse and dependent children and publishing
statements filed by “public servants” (trustees and officers of
NGOs and charitable institutions) on the Ministry’s website.
It also provided interim relief,
doing away with the requirement to declare personal assets and
liabilities by 31st July
2016 and extended the date to 31st
December 2016.
doing away with the requirement to declare personal assets and
liabilities by 31st July
2016 and extended the date to 31st
December 2016.
However, since Section 14 of
the Act has not been amended, trustees and officers of NGOs and
charitable institutions which receive more than Rs. 1 Crore from the
Central Government or donations in excess of Rs. 10 Lakhs from
‘foreign source’ under FCRA continue to be deemed ‘public
servants’.
the Act has not been amended, trustees and officers of NGOs and
charitable institutions which receive more than Rs. 1 Crore from the
Central Government or donations in excess of Rs. 10 Lakhs from
‘foreign source’ under FCRA continue to be deemed ‘public
servants’.
The
Standing Committee
Standing Committee
The Memorandum regarding
“delegated legislation in the Amendment Bill” of 2016 states:
“delegated legislation in the Amendment Bill” of 2016 states:
“Clause 3 of the Bill seeks
to substitute clause (k) of sub-section (2) of section 59 of the
Lokpal and Lokayuktas Act, 2013, so
as to empower the Central Government to make rules for the purpose of
prescribing the form and manner in which declaration of assets and
liabilities is to be made by public servant under section 44.The
proviso to the said clause (k) empowers the Central Government to
make rules with retrospective effect.
to substitute clause (k) of sub-section (2) of section 59 of the
Lokpal and Lokayuktas Act, 2013, so
as to empower the Central Government to make rules for the purpose of
prescribing the form and manner in which declaration of assets and
liabilities is to be made by public servant under section 44.The
proviso to the said clause (k) empowers the Central Government to
make rules with retrospective effect.
2. The matters in respect of
which rules may be made under the proposed amendments are matters of
procedure and administrative details and it is not practicable to
provide for them in the Bill itself. The delegation of legislative
power is, therefore, of a normal character.”
which rules may be made under the proposed amendments are matters of
procedure and administrative details and it is not practicable to
provide for them in the Bill itself. The delegation of legislative
power is, therefore, of a normal character.”
Thus, the form and manner in which
assets and liabilities require to be declared and by whom will be
reviewed and re-framed.
assets and liabilities require to be declared and by whom will be
reviewed and re-framed.
These
changes are to be referred to the Parliamentary Standing Committee.
changes are to be referred to the Parliamentary Standing Committee.
After over two months the
government has finally appointed Shri Anand
Sharma as Chairman of the Parliamentary
Standing Committee, Personnel, Public Grievances, Law and Justice.
government has finally appointed Shri Anand
Sharma as Chairman of the Parliamentary
Standing Committee, Personnel, Public Grievances, Law and Justice.
Centre for Advancement of
Philanthropy will be forwarding a memorandum to Shri Anand Sharma
early next week.
Philanthropy will be forwarding a memorandum to Shri Anand Sharma
early next week.
In the interim there is a strong
possibility that the date for compliance under this Act may be
further extended or the government may completely do away with the
provisions of Section 14(1)(f), 14(1)(g) and 14(1)(h).
possibility that the date for compliance under this Act may be
further extended or the government may completely do away with the
provisions of Section 14(1)(f), 14(1)(g) and 14(1)(h).
Noshir H. Dadrawala
Chief Executive
Centre for Advancement of
Philanthropy
Philanthropy