The GOOD and the NOT-SO-GOOD about the Lokpal Amendment Act!
There is just one question that
many readers ask about The Lokpal and Lokayukta (Amendment)
Bill, 2016:
many readers ask about The Lokpal and Lokayukta (Amendment)
Bill, 2016:
“Is it good
or bad?”
or bad?”
In our considered view the Bill is
like the proverbial Curate’s egg – Good in parts!
like the proverbial Curate’s egg – Good in parts!
What is good
about the Bill?
about the Bill?
-
It provides
interim relief, doing away with the requirement to declare personal
assets and liabilities by 31st
July 2016 -
The competent authority in
respect of each Ministry or Department (e.g. Ministry of Home
Affairs in cases where the organization receives more than Rs. 10
Lakhs from foreign source) will not publish the statements filed by
the “public servants” (trustees and officers of NGOs and
charitable institutions) on the Ministry’s own website. -
Assets of spouse and dependent
children need not be declared
What is not
good?
good?
-
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’ -
Such ‘public servants’ are
required to make a declaration of their assets and liabilities in
such form and manner as may be prescribed. In other words there will
be new forms and new due dates declared at the appropriate time.
What next?
-
We can ill afford to remain
complacent. -
We need to ensure that the new
Rules are not adversarial -
There is need for advocacy and
NGOs and their networks like VANI, PRIA, CAP etc., must work closely
with the Standing Committee. -
If despite best efforts the new
Rules are adversarial, we may have to seek legal redress through the
courts of law.
Noshir H. Dadrawala
Dear Mr Dadrawala
We agree to your comment