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:  
“Is it good
or bad?”
In our considered view the Bill is
like the proverbial Curate’s egg – Good in parts!
What is good
about the Bill?
  1. It provides
    interim relief, doing away with the requirement to declare personal
    assets and liabilities by 31st
    July 2016
  2. 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.
  3. Assets of spouse and dependent
    children need not be declared


What is not
good?
  1. 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’
  2. 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?
  1. We can ill afford to remain
    complacent.
  2. We need to ensure that the new
    Rules are not adversarial
  3. There is need for advocacy and
    NGOs and their networks like VANI, PRIA, CAP etc., must work closely
    with the Standing Committee.
  4. If despite best efforts the new
    Rules are adversarial, we may have to seek legal redress through the
    courts of law.
Noshir H. Dadrawala
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