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Provision of Controlling Corruption of industrial Sector in Democratic Bill on Lokpal

(Submitted to the President of India on 9th May 2011,7.40 pm)

 

 

Chapter – two
Identification of forces motivating corruption

 

1. Any behavior of any individual, of any law or of any clause of the constitution, making money earning possible through least labour or without any labour will be deemed as the motivating force of the corruption, which motivates the individual coinciding with human nature.

 

2. The unlimited inheritance right prevalent in the country, rent of various capital like- interest of cash money, rent of buildings, rent of land and machines, value addition of property, gifts, donations, and bribing prevalent in the government and administrative establishments will be deemed as behavior or laws motivating corruption under the above clause-one.

 

3. The government will introduce bills in the parliament from time to time to amend the individual behavior, laws and constitutional provisions in such a way that the money created without human labor or by the power of capital would be distributed equally among all the citizens and prior opportunity would be ended and new opportunity would not be created, for any individual including government staff to earn more and more money without labor or by least labor.

 

Chapter – three
Clauses to eliminate systemic corruption

 

1. By reforming laws of property the ownership of that position of private property should be let remained with the individual which is gained by his own labor.

 

2. All those legal provisions will be given the status of corrupt laws, which give legal status as private property produced and earned by collective enterprise. Such laws will be reformed and that portion of private property will be given the status of collective property of the citizens, which is produced by the collective efforts but posses into private hands due the corrupt laws.

 

3. Laws like inheritance will be amended which give psychological encouragement to people to do corruption and give them opportunity to secure for and transfer the amount gained by corruption to the next generation.

 

4. The government resorting to the clause-2 and 3 of this law, will assess the share of capital in GDP and deeming it as a category of collective money and collective property, will take all steps required to distribute it regularly in the form of Votership among all the voters in cash, so that the money created by capital should not be obtained only by the capital-holders by corrupt laws and without any labour but should be distributed among all adults citizens.

 

5. As it would be harmful for the political democracy to abandon the election system to constitute the Lok Sabha and seize right of public of forming organization. Without doing this, it would not be possible to give severe punishment against the corrupt behavior of the government staff. Hence, the government would identify those ministries and departments of which have a substitute present in the market, so that every citizen, having purchasing power would buy those services from the market. The government will close ministries and departments and the expenditure incurred on them would be given away by adding in the amount of Votership.

 

6. After enforcement of clause 5 and 6. Some people may be identified as getting the amount of corrupt money under the clauses 2 and 3 mentioned above. Hence, it would be obligatory for all citizens to declare the value of their property through self-declaration system and paying property tax should be obligatory as per the contemporary interest rate.

 

7. There should be a fundamental right of every citizen on half of the average property of the nation. By adopting the trusteeship principle of Mahatama Gandhi, the individual owning more than average property should be declared as the tenants of the property and it should be obligatory on them to pay the rent to those who are having property less than the average. The government must enact a law to carry this rent to the bank accounts of the citizens in the name of Votership.

 

8. An act should be formulated to give salary and allowance from the consolidated fund of India to those persons, working for political, social and constitutional reforms, through political parties and other organizations so that the social-political worker would be enabled to work for the entire society instead of the rich only. This will remove the corrupt economic system existing for political and social works and will install a virtuous system in place of existing one.

 

Chapter – four
Provisions regarding restriction on black money and false declaration of property

 

9. There will be a legal measure to bring the concerned documents of income tax returns also under the purview of the Right to information.

10. The government has the right to acquire property by giving 20% more than the self-declared value of property of any individual or institution. This right to acquire the property should be given by a new law also to the private individuals and institutions, so that people will afraid of false declaration of property.

 

11. Chairman of the Council / Lokpal should have right to order to individual or to the institution, declaring their property to let it be acquired by any persons or institution, which had deposited the 20% excessive amount in the account of the property-owner and applied for possession before the office of the Lokpal. This provision will create a dread to do corruption in the declaration of property to the income tax department and the black money will be checked.

 

12. Any person can transfer only that property of which the market value is informed through a public affidavit in every fiscal year, prior since five years at the minimum, with the condition, if any other person or institution would deposit 20% excessive amount in his private account the ownership of the same property will be deemed automatically transferred in the name of such depositor.

 

13. If the ownership of the property of first party, under the article mentioned above is transferred into the hands of second party, but the old owner i.e. first party now wish to continue the ownership, he /she would have to deposit minimum 20% excessive amount in the account of second party, than the value given by the second party.

 

14. If a person or institution not using a property and intending that nobody else could use it and such person or institution declares the exaggerated value of his property to safeguard its ownership, it will be obligatory in the affidavit submitted by the owner of the property to deposit the tax in the treasury of Union government to be distributed among the voters in the form of Votership at the contemporary interest rate.

 

Chapter – five
Reserve Bank of Voters to secure equal distribution of amount produced by Voters’ Collective Enterprise

 

15. A Reserve Bank of voters will be established parallel to the Reserve Bank of India in order to ensure the transparent distribution of amount of Votership and to achieve the objective of reorganizing exchange policy of the government in accordance with the personal economic will of the voters’.

 

16. The rights and duties of the Reserve Bank of the Voters’ will be the equivalent to Reserve Bank of India.

17. The Reserve Bank of the Voters’ will be able to prevent any step of the Reserve Bank of India which can harm the private economic interests of the voters’.

 

18. Expenditure on the Reserve Bank of the Voters’ will be charged on the consolidated fund of India.

 

19. Reserve Bank of the Voters’ will be entitled to issue some currency notes in the private economic interests of voters’.

 

20. Only the Lok Sabha will have the right to form laws for the Reserve Bank of the Voters’. Such bills will not require the consent of President and of Rajya Sabha; so that this bank would not be diverted from its basic objective of the personal guardianship of the citizens.

 

Chapter – Six
Consolidated Fund of Voters

 

21. There will be a consolidated fund of voters, parallel to the consolidated fund of India, which will be collected as the collective money by imposing tax on people having property excessive than average.

 

22. The regular payment of Votership will be done from the consolidated fund of voters.

 

23. The consolidated fund of voters will be collected by the Indian government on behalf of the voters, which will be spent by the voters according to their personal will.

 

Chapter – Eight
Provisions regarding discipline and punishment of bribe givers

 

29. The crime of person compelling for taking bribe will be deemed equal to the crime committed by the bribe taker. Hence, he/she will also be punished by same punishment which has been given to the bribe taker in the concerned affair.

 

30. The individual being compelled to give bribe would not commit the crime of giving bribe. Instead he would lodge a complaint against the person compelling him to give bribe in the Lokpal office. If he gives the bribe in the name of getting his work done, he would also be equally punished as the bribe taker in the concerned case.

 

31. The government functionary at the lower level of governance and administration mostly compel the non-government persons to give bribe. On the contrary on the higher ranks private persons compel to accept bribe to the government functionaries. These events are taking place due to the absence of any economy for politics. Hence, a private person or body get acquitted from punishment by making appeal to prove his helplessness. But such right of appeal could not be enjoyed by the bribe taker in the cases of corruption incurred on the higher ranks.

 

Chapter – Nine
Appointment of Vice Lokpals and Lokayuktas to control every kind of corruption

 

32. The Lokpal will appoint 4 Vice Lokpals under him in order to control every type of corruption and to prevent the possibility of intervention by any person or institution in the smooth functioning of the office of Lokpal.

 

a) The first Vice Lokpal will work to enquire into the charges of corruption put on government functionaries will prevent intervention in the function of Lokpal and to disciple and punish the bribe takers. He will be called Vice lokpal- Political and Administrative Affairs (cases).

b) The Second Vice Lokpal will work to restrict from intervention in the enquiry and punish to bribe givers and to those income tax payers, who will be above than the line of richnesss defined by the parliament. He will work to discipline and punish the big industrial houses and industrial organizations in the cases of involvement in corruption deeds. He will be called Vice Lokpal - Economic Affairs.

c) The third Vice Lokpal will work to discipline and punish industrialists and traders; political, cultural and financial institution; the leaders and officers keeping relations and getting protection with foreign agencies which are involved in the deeds of corruption. This Vice Lokpal will recommend such legislative provisions to constitute competent international institutions which can make those international laws and agreements defunct which protect the corrupt people of the other countries and the amount gained by them through corruption. He will be called Vice Lokpal - Foreign Affairs.

d) The fourth Lokpal will review those laws of the state and values of the society prevalent in the country and will suggest amendments therein to the government for action, which are motivating people for corruption.

 

33. Every Vice Lokpal will appoint two Lokayuktas each, under them which will be called Central Lokayukt.

 

Statement of Objective and causes

 

It is observed today that the struggle against corruption has been accelerated but the corruption has increased with a bigger pace. In fact the main reason of this is the constant error in identifying the corruption and the corrupt people. The people who are besieging against corruption on one hand are also supporting the corruption of the established system on other hand. Corruption prevailing in the public sector is deemed as a big threat to society due to the efforts of media. But the same media is condemned to hoodwink when faced with the sight of corruption done and get done by their own managers. Due to various laws regarding unlimited right of inheritance, children of the super rich section of society become owners of big capital without doing anything and the state power having ownership of a very small capital, in comparison to them helplessly bows down before their corruption. The real control of the political power on the economic power-holders has came to the end and consequently the current democracy and state are being directed by the order of the only rich section of the society instead of the order of the general public.

 

Today public functionaries like doctors, engineers, IAS, PCS, MPs and MLAs have understood the fact that because of the provisions regarding inheritance they can transfer only property in the names of their children but not degrees, diplomas, honor and prestige earned by high degree of patriotism, dutifulness, honest behavior, public responsibility, accountability and hard work. They look that the children of the billionaire can become a billionaire because of legal provisions but the children of the doctors, engineers, IAS, PCS, MPs and MLAs cannot become the same. Examinations and various tests are imposed only on the children of the persons working in public sector. This experience has been motivating public functionaries to work only for their children. Due to these faulty laws honesty, patriotism and dutifulness have become meaningless. If theoretically it is accepted that everybody works only for their own children, then one would be called corrupt who works for the nation and the society. If some people should be permitted to work only for their children, then how the rest of them be compelled to work for nation, culture and society? In fact, when the persons working in the government sphere are accused of corruption, they feel such discriminating compulsion with themselves, and some people even make corruption itself a weapon to rebel against the system. They feel that why not the inheritance law should be delimited and caparison should be impaired on the people of industry and trade to work for the nation, instead of their children.

 

Looking at all the dimensions of the problem of corruption and the growing fever thereof, it has now become necessary that all types of income which comes without labour the labor of the owner should be deemed corrupt. Everybody should be treated corrupt, who possess such income. Such person may belong from any field. One may be from the government sector, or from industry and trade sector. The money produced in the economy without labour, should be calculated and should be distributed among all the voters in the form of Votership. Then the competition to snatch this income between the state and market forces will come to an end. Today the people from industry and trade want to usurp this money produced in the economy without labour should come to them in the name of rent of the capital and people from government sector want that it should come to them by way of corruption. Most of the people who are fighting against corruption are neither ignorant about all the aspects of this problem nor deliberating and conspiring to pour all the wealth of the country produced without labour in the bag of capitalists in the name of rent and value addition. Hence, it is clear that some people are fighting a real battle against corruption, while some are fighting the pseudo battle.

 

Because the fake battle being fought against corruption, the battle of citizens’ partnership in the growth created by economy becomes a back burner. The debate is suppressed as to which types of taxes, how much taxes and which quantity of the taxes should be imposed in order to aggregate the sufficient portion of GDP in the form of revenue required for the development of common public. For the people fighting the fake battle against the corruption it is more important that out of tax revenue of 10 crore rupees, 4 crores leaked through corruption should be used correctly irrespective of the 40 crores being left untouched with the rich. They are least interesting in accumulating it as tax and put in the service of public sector. Such people fight for 5 crores but leave 40 crores untouched.

 

People fighting pseudo battle against corruption accept easily all the consumerism, luxury, extravagance and tearing the law into pieces of rich section of society for progeny. Their objection is only that no person working in the government sphere should be able to do any such ill deed. In fact a widow can maintain her widowhood, provided the widowers or wifeless persons should have self restriction and good conduct. The honest people working in the government sector are like the widows whose widowhood is being destroyed by the debauches of trade and industry sector. In this entire prospective the community of people raising pseudo and fake battle against corruption is like that rustic panchayat (jury of villages) which is punishing the widow finding her pregnant with illegal fetus one hand and on the other same panchayat is allowing debauch for free wandering into the colony of widows. That is why the battle against corruption is giving no results and such battles have become professional battles. In this bill deeming corruption as a serious problem, non-favoring measures have been suggested.

 

New Delhi

09 May, 2011 ]

(Bharat Gandhi and other petitioners)