[Assam] KMSS drafts Bill to prevent corruption ( The Assam Tribune, 06.01.2011).

[Buljit Buragohain]

KMSS drafts Bill to prevent corruption
Staff Reporter
 GUWAHATI,
 Jan 5 – Leading peasant organization Krishak Mukti Sangram Samiti 
(KMSS) has prepared draft of a Bill to prevent corruption in the 
administration. The Bill has been named - 'Assam Anti-Corruption, 
Grievance Redressal and Whistleblower Protection Bill, 2011.' The draft 
of the Bill has been released to the media here today by KMSS secretary 
Akhil Gogoi.The 
draft has been prepared by RTI activist Arvind Kezriwal, former IPS 
Kiran Bedi and Supreme Court lawyer Prasant Bhusan. It is expected to 
prevent corruption in an effective manner. The copies of the Bill are 
being furnished to all the political parties with the hope that they 
will place it before the State Assembly in its next session.The
 Bill has provided for setting up an institution by the name of 
Lokayukta, consisting of one chairperson and ten members, among others. "The
 chairperson and members of the Lokayukta shall not be serving or former
 members of either the Parliament or the Legislature of any State and 
shall not hold any office or trust of profit (other than the office as 
Chairperson or member) or would have ever been connected with any 
political party or carry on any business or practice any profession…," 
says the KMSS draft Bill. It
 has also debarred those chargesheeted for any offence under the IPC or 
PC Act or penalized under the CCS Conduct Rules from being appointed as 
Chairperson or member of the Lokayukta.The
 Chairperson or a member of the Lokayukta shall hold office for a term 
of five years 'from the date of which he enters upon his office' and 
none of them should hold office after attaining 65 years of age, the 
draft Bill says. At least four members of the Lokayukta shall have legal
 background.The
 Bill has also provided for appointment of a selection committee, 
comprising two senior most judges of High Court, two previous Chief 
Justices of High Court, among others, to suggest names of the eligible 
persons to be appointed Chairperson and members of the Lokayukta, to the
 Governor. Moreover,
 it has provided for public feedback on the short-listed persons for the
 above posts by making the list available to the people on the website, 
for discussions by the selection committee with the short-listed persons
 and for making the videograph of such discussions available to the 
people. The 
Lokayukta shall have the power, among others, to initiate suo motu 
actions if any matter related to willful failure or omission by a public
 servant, misconduct or corruption by a Government servant etc. comes to
 its knowledge. The
 Lokayukta shall have the power to issue search warrant, etc. and it 
shall also have the power of a civil court while trying a suit under the
 Code of Civil Procedure, 1908 in matters of summoning and enforcing the
 attendance of any person and examining him on oath.This
 power of the Lokayukta shall also be there in calling for production of
 any document, receiving evidence on affidavits, requisitioning any 
public record or copy thereof from any court or office, among others.The
 Chairperson and members of the Lokayukta shall also be deemed to be 
police officers for the purpose of section 36 of the Criminal Procedure 
Code. Moreover, in order to get its orders complied with, the Lokayukta 
shall have and exercise 'the same jurisdiction powers and authority in 
respect of contempt of itself as a High Court has and may exercise...'Besides, the draft Bill has provided for merger of the State Vigilance Department with the Lokayukta.
The
 Bill has also provided for recovery of loss incurred by the Government 
due to the misdeeds of a person convicted of an offence under the 
Prevention of Corruption Act.The
 Lokayukta shall also have the power to direct the appropriate 
authorities to take steps for protection of the whistleblowers. However,
 the Bill has provided penalty for false complaint.

( The Assam Tribune, 06.01.2011)