India Has Also Been One of the Relatively More Active Members

8/3/2019 India Has Also Been One of the Relatively More Active Members

1/10

India has also been one of the relatively more active members. We have had the privilege of hosting an Inter-Regional Meeting of heads of Drug Services in 1988, the first Interpol Conference on Methaqualone in 1992, the13th Asian Regional Conference in 1994, and the 66th General Assembly Session of ICPO-Interpol in 1997. Thisapart, CBI officials have also been closely associated with the activities of the Interpol. Mr. F.V.Arul served on theExecutive Committee of the Interpol as Vice President for Asia. Later two other Directors of the CBI Mr. M.G.Katreand Mr. Joginder Singh served as delegates on the Executive Committee. Another distinguished Director of CBI to

be elected to the Executive Committee and later to the office of Vice President for Asia, was Shri. P.C.Sharma. Sh.U.S. Misra and Sh. Vijay Shanker, former Director, CBI were also elected as Interpol Executive CommitteeDelegate for Asia.

To co-ordinate with the CBI in matters relating to Interpol, Liaison Officers have been designated in all States, withusually Addl. DGP/IG/DIG Crime Branch, CID acting in that capacity.

Contact Address Top

Assistant Director (National Central Bureau (Interpol) New Delhi)Central Bureau of InvestigationBlock No.4, CGO ComplexNew Delhi -110003Tele No. - 24364000, 24392170

Fax - 24364070E-Mail - adipol[at]cbi[dot]gov[dot]in

The word Lokpalwas coined in 1963 by L.M.Singhvi, a Member of Parliament during a debate

inParliamentabout grievance redressal mechanisms. His son Dr.Abhishek Singhviis now the head of

the ParliamentaryStanding Committeereviewing the bill.[8]

The prefix Jan(translation: citizens) was added

to signify the fact that these improvements include input provided by "ordinary citizens" through an

activist-driven, non-governmental public consultation.[9][10]

The Lokpal bill was first introduced byShanti Bhushanin 1968[11]

and passed the 4thLok Sabhain 1969.But before it could be passed byRajya Sabha,Lok Sabhawas dissolved and the bill lapsed.

[12]The

Subsequent versions were re-introduced in 1971, 1977, 1985, 1989, 1996, 1998, 2001, 2005 and in

2008,[13]

but none of them passed. The bill was inspired by the Hong KongIndependent Commission

Against Corruption(ICAC).[14][15]

ifference between governments and activist drafts

[edit]Highlights

Difference between Jan Lokpal Bill and Draft Bill 2010[16]

Jan Lokpal Bill (Citizen's

Ombudsman Bill)Draft Lokpal Bill (2010)
http://cbi.nic.in/interpol/interpoldelhi.php#tophttp://cbi.nic.in/interpol/interpoldelhi.php#tophttp://en.wikipedia.org/wiki/Parliament_of_Indiahttp://en.wikipedia.org/wiki/Parliament_of_Indiahttp://en.wikipedia.org/wiki/Parliament_of_Indiahttp://en.wikipedia.org/wiki/Abhishek_Singhvihttp://en.wikipedia.org/wiki/Abhishek_Singhvihttp://en.wikipedia.org/wiki/Abhishek_Singhvihttp://en.wikipedia.org/wiki/Standing_Committeehttp://en.wikipedia.org/wiki/Standing_Committeehttp://en.wikipedia.org/wiki/Standing_Committeehttp://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-7http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-7http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-7http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ndtv-8http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ndtv-8http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ndtv-8http://en.wikipedia.org/wiki/Shanti_Bhushanhttp://en.wikipedia.org/wiki/Shanti_Bhushanhttp://en.wikipedia.org/wiki/Shanti_Bhushanhttp://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-FirstIntro-10http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-FirstIntro-10http://en.wikipedia.org/wiki/Lok_Sabhahttp://en.wikipedia.org/wiki/Lok_Sabhahttp://en.wikipedia.org/wiki/Lok_Sabhahttp://en.wikipedia.org/wiki/Rajya_Sabhahttp://en.wikipedia.org/wiki/Rajya_Sabhahttp://en.wikipedia.org/wiki/Rajya_Sabhahttp://en.wikipedia.org/wiki/Lok_Sabhahttp://en.wikipedia.org/wiki/Lok_Sabhahttp://en.wikipedia.org/wiki/Lok_Sabhahttp://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-11http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-11http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-11http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-12http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-12http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-12http://en.wikipedia.org/wiki/Independent_Commission_Against_Corruption_(Hong_Kong)http://en.wikipedia.org/wiki/Independent_Commission_Against_Corruption_(Hong_Kong)http://en.wikipedia.org/wiki/Independent_Commission_Against_Corruption_(Hong_Kong)http://en.wikipedia.org/wiki/Independent_Commission_Against_Corruption_(Hong_Kong)http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-13http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-13http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-13http://en.wikipedia.org/w/index.php?title=Jan_Lokpal_Bill&action=edit&section=4http://en.wikipedia.org/w/index.php?title=Jan_Lokpal_Bill&action=edit&section=4http://en.wikipedia.org/w/index.php?title=Jan_Lokpal_Bill&action=edit&section=4http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-toi1-15http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-toi1-15http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-toi1-15http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-toi1-15http://en.wikipedia.org/w/index.php?title=Jan_Lokpal_Bill&action=edit&section=4http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-13http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-13http://en.wikipedia.org/wiki/Independent_Commission_Against_Corruption_(Hong_Kong)http://en.wikipedia.org/wiki/Independent_Commission_Against_Corruption_(Hong_Kong)http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-12http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-11http://en.wikipedia.org/wiki/Lok_Sabhahttp://en.wikipedia.org/wiki/Rajya_Sabhahttp://en.wikipedia.org/wiki/Lok_Sabhahttp://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-FirstIntro-10http://en.wikipedia.org/wiki/Shanti_Bhushanhttp://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ndtv-8http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ndtv-8http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-7http://en.wikipedia.org/wiki/Standing_Committeehttp://en.wikipedia.org/wiki/Abhishek_Singhvihttp://en.wikipedia.org/wiki/Parliament_of_Indiahttp://cbi.nic.in/interpol/interpoldelhi.php#top


2/10

Lokpalwill have powers to initiatesuo

motuaction or receive complaints of

corruption from the general public.

Lokpalwill have no power to initiatesuo motuaction or receive

complaints of corruption from the general public. It can only probe

complaints forwarded by the Speaker of the Lok Sabhaor the

Chairman of the Rajya Sabha.

Lokpalwill have the power to initiate

prosecution of anyone found guilty.

Lokpalwill only be an Advisory Body with a role limited to

forwarding reports to a "Competent Authority".

Lokpalwill have police powers as well

as the ability to register FIRs.

Lokpalwill have no police powers and no ability to register

anFIRor proceed with criminal investigations.

Lokpaland the anti corruption wing of

the CBI will be one independent

body.

The CBI and Lokpalwill be unconnected.

Punishments will be a minimum of 10

years and a maximum of up to life

imprisonment.

Punishment for corruption will be a minimum of 6 months and a

maximum of up to 7 years.

[edit]Details

The following table details differences between the Government and activist backed versions.[17][18][19]

Comparison SlideShow uploaded by India Against Corruption.[20]

Issue The Jan Lokpal Bill[10]

Government's Lokpal Bill[1]

Prime Minister

PM can be investigated with

permission of seven member Lokpal

bench.[clarification needed][17]

PM can be investigated by

Lokpal after she/he vacates

office.[21]

Judiciary

Can be investigated, though high level

members may be investigated only

with permission of a seven member

Lokpal bench.[clarification needed][17]

Judiciary is exempt and will be

covered by a separate "judicial

accountability bill".[18]
http://en.wikipedia.org/wiki/Suo_motuhttp://en.wikipedia.org/wiki/Suo_motuhttp://en.wikipedia.org/wiki/Suo_motuhttp://en.wikipedia.org/wiki/Suo_motuhttp://en.wikipedia.org/wiki/Suo_motuhttp://en.wikipedia.org/wiki/Suo_motuhttp://en.wikipedia.org/wiki/Suo_motuhttp://en.wikipedia.org/wiki/First_Information_Reporthttp://en.wikipedia.org/wiki/First_Information_Reporthttp://en.wikipedia.org/wiki/First_Information_Reporthttp://en.wikipedia.org/w/index.php?title=Jan_Lokpal_Bill&action=edit&section=5http://en.wikipedia.org/w/index.php?title=Jan_Lokpal_Bill&action=edit&section=5http://en.wikipedia.org/w/index.php?title=Jan_Lokpal_Bill&action=edit&section=5http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-TargetNGO-18http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-TargetNGO-18http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-GoogleDocs-19http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-GoogleDocs-19http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-GoogleDocs-19http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-JanLokpalPDF-9http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-JanLokpalPDF-9http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-JanLokpalPDF-9http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-LokpalPDF-0http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-LokpalPDF-0http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-LokpalPDF-0http://en.wikipedia.org/wiki/Prime_Minister_of_Indiahttp://en.wikipedia.org/wiki/Wikipedia:Please_clarifyhttp://en.wikipedia.org/wiki/Wikipedia:Please_clarifyhttp://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-20http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-20http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-20http://en.wikipedia.org/wiki/Judiciary_of_Indiahttp://en.wikipedia.org/wiki/Judiciary_of_Indiahttp://en.wikipedia.org/wiki/Wikipedia:Please_clarifyhttp://en.wikipedia.org/wiki/Wikipedia:Please_clarifyhttp://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Wikipedia:Please_clarifyhttp://en.wikipedia.org/wiki/Judiciary_of_Indiahttp://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-20http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Wikipedia:Please_clarifyhttp://en.wikipedia.org/wiki/Prime_Minister_of_Indiahttp://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-LokpalPDF-0http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-JanLokpalPDF-9http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-GoogleDocs-19http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-TargetNGO-18http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/w/index.php?title=Jan_Lokpal_Bill&action=edit&section=5http://en.wikipedia.org/wiki/First_Information_Reporthttp://en.wikipedia.org/wiki/Suo_motuhttp://en.wikipedia.org/wiki/Suo_motuhttp://en.wikipedia.org/wiki/Suo_motu


3/10

Conduct ofMPs

Can be investigated with permission

of seven member Lokpal

bench.[clarification needed][17]

Can be investigated, but their

conduct within Parliament, such

as voting, cannot be

investigated.[18]

Lower bureaucracyAll public servants would be

included.[18]

Only senior officers (Group A)

will be covered.[18]

Anti-corruption wing of

theCentral Bureau of

Investigation (CBI)

The Anti-corruption wing of the CBI

will be merged into the Lokpal.[18]

The Anti-corruption wing of the

CBI cannot be merged into the

Lokpal.[17]

Removal of Lokpal members

and Chair

Any person can bring a complaint to

the Supreme Court, who can then

recommend removal of any member

to the President.[17]

Any "aggrieved party" can raise a

complaint to the President, who

will refer the matter to the CJI.[17]

Removal of Lokpal staff and

officers

Complaints against Lokpal staff will be

handled by independent boards set-

up in each state, composed of retired

bureaucrats, judges, and civil society

members.[17]

Lokpal will conduct inquiries into

its own behaviour.[17]

Lokayukta

Lokayukta and other local/state anti-

corruption agency would remain in

place.[18]

All state anti-corruption agencies

would be closed and

responsibilities taken over by

centralised Lokpal.[18]

WhistleblowerprotectionWhistleblowers are protected by

Lokpal.

[17]

No protection granted to

whistleblowers by Lokpal

Mahima.[17]

Punishment for corruption

Lokpal can either directly impose

penalties, or refer the matter to the

courts. Penalties can include removal

from office, imprisonment, and

Lokpal can only refer matters to

the courts, not take any direct

punitive actions. Penalties

remain equivalent to those in
http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Parliament_of_Indiahttp://en.wikipedia.org/wiki/Parliament_of_Indiahttp://en.wikipedia.org/wiki/Parliament_of_Indiahttp://en.wikipedia.org/wiki/Wikipedia:Please_clarifyhttp://en.wikipedia.org/wiki/Wikipedia:Please_clarifyhttp://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Central_Bureau_of_Investigationhttp://en.wikipedia.org/wiki/Central_Bureau_of_Investigationhttp://en.wikipedia.org/wiki/Central_Bureau_of_Investigationhttp://en.wikipedia.org/wiki/Central_Bureau_of_Investigationhttp://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Lokayuktahttp://en.wikipedia.org/wiki/Lokayuktahttp://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Whistleblowerhttp://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Whistleblowerhttp://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Lokayuktahttp://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Central_Bureau_of_Investigationhttp://en.wikipedia.org/wiki/Central_Bureau_of_Investigationhttp://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-ToIDiff-17http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Wikipedia:Please_clarifyhttp://en.wikipedia.org/wiki/Parliament_of_India


4/10

recovery of assets from those who

benefited from the corruption.[17]

current law.[17]

Investigatory powers

Lokpal can obtain wiretaps ( to make

a connection to a telegraph or

telephone wire in order to obtain

information secretly), issuerogatory

letters, and recruit investigating

officers. Cannot issue contempt

orders.[17]

Lokpal can issue contemptorders, and has the ability to

punish those in contempt. No

authority to obtain wiretaps, issue

rogatory letters, or recruit

investigating officers.[17]

False, frivolous and

vexatious complaints

Lokpal can issue fines for frivolous

complaints (including frivolous

complaints against Lokpal itself), witha maximum penalty of Rs 100,000.

[17]

Court system will handle matters

of frivolous complaints. Courts

can give 25 years imprisonment

and fines of Rs 25,000 to

200,000.[20]

NGOsNGOs not within the scope due to

their role in exposing corruption.[19]

NGOs are within the scope and

can be investigated.[19]

In 2004, The High Court of Delhi[1]defined the term retail as a sale for final

consumption in contrast to a sale for further sale or processing (i.e.

wholesale).A sale to the ultimate consumer.

Thus,retailing can be said to be the interface between the producer and the

individual consumer buying for personal consumption. This excludes direct

interface between the manufacturer and institutional buyers such as the

government and other bulk customersRetailing is the last link that connects the

individual consumer with the manufacturing and distribution chain.A retailer is

involved in the act of selling goods to the individual consumer at a margin of

profit.

FDI Policy in India
http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Rogatory_lettershttp://en.wikipedia.org/wiki/Rogatory_lettershttp://en.wikipedia.org/wiki/Rogatory_lettershttp://en.wikipedia.org/wiki/Rogatory_lettershttp://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-GoogleDocs-19http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-GoogleDocs-19http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-GoogleDocs-19http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-TargetNGO-18http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-TargetNGO-18http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-TargetNGO-18http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-TargetNGO-18http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-TargetNGO-18http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-TargetNGO-18http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn1http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn1http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn1http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn1http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-TargetNGO-18http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-TargetNGO-18http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-GoogleDocs-19http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Rogatory_lettershttp://en.wikipedia.org/wiki/Rogatory_lettershttp://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16http://en.wikipedia.org/wiki/Jan_Lokpal_Bill#cite_note-HinduDiff-16


5/10

FDI as defined in Dictionary of Economics (Graham Bannock et.al) is investment

in a foreign country through the acquisition of a local company or the

establishment there of an operation on a new (Greenfield) site. To put in simple

words, FDI refers to capital inflows from abroad that is invested in or to

enhance the production capacity of the economy.[3]

Foreign Investment in India is governed by the FDI policy announced by the

Government of India and the provision of the Foreign Exchange Management

Act (FEMA) 1999. The Reserve Bank of India (RBI) in this regard had issued a

notification,[4]which contains the ForeignExchange Management (Transfer or

issue of security by a person resident outside India) Regulations, 2000. This

notification has been amended from time to time.

The Ministry of Commerce and Industry, Government of India is the nodal

agency for motoring and reviewing the FDI policy on continued basis and

changes in sectoral policy/ sectoral equity cap. The FDI policy is notified

through Press Notes by the Secretariat for Industrial Assistance (SIA),

Department of Industrial Policy and Promotion (DIPP).

The foreign investors are free to invest in India, except few sectors/activities,

where prior approval from the RBI or Foreign Investment Promotion Board

(FIPB) would be required.

LIMITATIONS OF THE PRESENT SETUP

Infrastructure

There has been a lack of investment in the logistics of the retail chain, leading

to an inefficient market mechanism. Though India is the second largest

producer of fruits and vegetables (about 180 million MT), it has a very limited

integrated cold-chain infrastructure, with only 5386 stand-alone cold storages,

having a total capacity of 23.6 million MT. , 80% of this is used only for

potatoes. The chain is highly fragmented and hence, perishable horticultural

commodities find it difficult to link to distant markets, including overseas

markets, round the year. Storage infrastructure is necessary for carrying over

the agricultural produce from production periods to the rest of the year and to
http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn3http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn3http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn3http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn4http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn4http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn4http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn4http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn3


6/10

prevent distress sales. Lack of adequate storage facilities cause heavy losses to

farmers in terms of wastage in quality and quantity of produce in general.

Though FDI is permitted in cold-chain to the extent of 100%, through the

automatic route, in the absence of FDI in retailing; FDI flow to the sector has

not been significant.

Intermediaries dominate the value chain

Intermediaries often flout mandinorms and their pricing lacks transparency.

Wholesale regulated markets, governed by State APMC Acts, have developed a

monopolistic and non-transparent character. According to some reports, Indian

farmers realize only 1/3rd of the total price paid by the final consumer, as

against 2/3

rd

by farmers in nations with a higher share of organized retail.

Improper Public Distribution System (PDS)

There is a big question mark on the efficacy of the public procurement and PDS

set-up and the bill on food subsidies is rising. In spite of such heavy subsidies,

overall food based inflation has been a matter of great concern. The absence of

a farm-to-fork retail supply system has led to the ultimate customers paying a

premium for shortages and a charge for wastages.

No Global Reach

The Micro Small & Medium Enterprises (MSME) sector has also suffered due to

lack of branding and lack of avenues to reach out to the vast world markets.

While India has continued to provide emphasis on the development of MSME

sector, the share of unorganised sector in overall manufacturing has declined

from 34.5% in 1999-2000 to 30.3% in 2007-08[12]. This has largely been due to

the inability of this sector to access latest technology and improve its marketing

interface.

Rationale behind Allowing FDI in Retail Sector

FDI can be a powerful catalyst to spur competition in the retail industry,due to

the current scenario of low competition and poor productivity.
http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn12http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn12http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn12


7/10

The policy of single-brand retail was adopted to allow Indian consumers access

to foreign brands. Since Indians spend a lot of money shopping abroad, this

policy enables them to spend the same money on the same goods in India. FDI

in single-brand retailing was permitted in 2006, up to 51 per cent of ownership.

Between then and May 2010, a total of 94 proposals have been received. Of

these, 57 proposals have been approved. An FDI inflow of US$196.46 million

under the category of single brand retailing was received between April 2006

and September 2010, comprising 0.16 per cent of the total FDI inflows during

the period. Retail stocks rose by as much as 5%. Shares of Pantaloon Retail

(India) Ltd ended 4.84% up at Rs 441 on the Bombay Stock Exchange. Shares

of Shoppers Stop Ltd rose 2.02% and Trent Ltd, 3.19%. The exchanges key

index rose 173.04 points, or 0.99%, to 17,614.48. But this is very less as

compared to what it would have been had FDI upto 100% been allowed in India

for single brand.[13]

The policy of allowing 100% FDI in single brand retail can benefit both the

foreign retailer and the Indian partner foreign players get local market

knowledge, while Indian companies can access global best management

practices, designs and technological knowhow. By partially opening this sector,

the government was able to reduce the pressure from its trading partners in

bilateral/ multilateral negotiations and could demonstrate Indias intentions inliberalising this sector in a phased manner.[14]

Permitting foreign investment in food-based retailing is likely to ensure

adequate flow of capital into the country & its productive use, in a manner likely

to promote the welfare of all sections of society, particularly farmers and

consumers. It would also help bring about improvements in farmer income &

agricultural growth and assist in lowering consumer prices inflation.[15]

Apart from this, by allowing FDI in retail trade, India will significantly flourish in

terms of quality standards and consumer expectations, since the inflow of FDI in

retail sector is bound to pull up the quality standards and cost-competitiveness

of Indian producers in all the segments. It is therefore obvious that we should

not only permit but encourage FDI in retail trade.
http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn13http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn13http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn13http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn14http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn14http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn14http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn15http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn15http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn15http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn15http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn14http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn13


8/10

Lastly, it is to be noted that the Indian Council of Research in International

Economic Relations (ICRIER), a premier economic think tank of the country,

which was appointed to look into the impact of BIG capital in the retail sector,

has projected the worth of Indian retail sector to reach $496 billion by 2011-12

and ICRIER has also come to conclusion that investment of big money (large

corporates and FDI) in the retail sector would in the long run not

harm interests of small, traditional, retailers.[16]

In light of the above, it can be safely concluded that allowing healthy FDI in the

retail sector would not only lead to a substantial surge in the countrys GDP and

overall economic development, but would inter alia also help in integrating the

Indian retail market with that of the global retail market in addition to providing

not just employment but a better paying employment, which the unorganizedsector (kirana and other small time retailing shops) have undoubtedly failed to

provide to the masses employed in them.

Industrial organisations such as CII, FICCI, US-India Business Council (USIBC),

the American Chamber of Commerce in India, The Retail Association of India

(RAI) and Shopping Centers Association of India (a 44 member association of

Indian multi-brand retailers and shopping malls) favour a phased approach

toward liberalising FDI in multi-brand retailing, and most of them agree with

considering a cap of 49-51 per cent to start with.

The international retail players such as Walmart, Carrefour, Metro, IKEA, and

TESCO share the same view and insist on a clear path towards 100 per cent

opening up in near future. Large multinational retailers such as US-based

Walmart, Germanys Metro AG and Woolworths Ltd, the largest Australian

retailer that operates in wholesale cash-and-carry ventures in India, have been

demanding liberalisation of FDI rules on multi-brand retail for some time.[17]

Thus, as a matter of fact FDI in the buzzing Indian retail sector should not just

be freely allowed but per contra should be significantly encouraged. Allowing

FDI in multi brand retail canbring about Supply Chain Improvement,

Investment in Technology, Manpower and Skill development,Tourism

Development, Greater Sourcing From India, Upgradation in Agriculture,Efficient
http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn16http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn16http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn16http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn17http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn17http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn17http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn17http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn16


9/10

Small and Medium Scale Industries, Growth in market size and Benefits to

govemment through greater GDP, tax income and employment generation.[18]

Maharashtra cane farmers gear up to fight for a higher

priceJayashree Bhosale, ET Bureau Jul 20, 2011, 05.51am ISTTags:

co-operativePUNE: The Commission for Agricultural Costs and Prices ( CACP) is getting farmers' inputs before

deciding the fair and remunerative (FRP) price of sugar cane for the 2012-13 crushing season. But farmer

organisations are gearing up to fight for a higher price for the 2011-12 crushing season which is three

months away.

The union government has fixed an FRP of Rs 1,450/tonne for sugar recovery of 9.50% and Rs153/tonne for every 1% rise in recovery above 9.5%. As the average recovery in Maharashtra is 11.5%,

the average FRP for the state is Rs 1,756/tonne.

Sugar mills have paid the first advance of around Rs 1,500/tonne to Rs 2,000/tonne to farmers in the

current 2010-11 crushing season. The co-operative banking system, the backbone of the co-operative

sugar industry, is going through financial difficulties.

Many co-operative sugar mills have overdrawn from banks because the mills had agreed to pay a higher

first advance to farmers at a time when sugar prices had fallen below the production cost. Industry

sources say the approximate first advance for cane payment without including the transporting and

harvest cost is likely to be Rs 1,300/tonne to Rs 1,600/tonne.

Sugar price in the domestic market is currently ruling at Rs 26/kg ex-mill without duty. If local prices rise to

Rs 28/kg by Diwali following global cues, the industry expects that farmer organisations may demand a

first advance similar to the one given during the current 2010-11 crushing season.

There is also a political twist to the story. Zilla parishad elections in Maharashtra are scheduled to take

place in February 2012. Agitations over cane price have been routine during elections. "We are taking out

our first agitation in Maharashtra on August 9 while the national one will follow in September or October in

New Delhi," Raghunath Patil, president of the Maharashtra unit of the farmers' organisation Shetkari

Sangathana.

Maharashtra co-operation secretary Rajagopal Devara said, "the industry demanded that sugar cane

prices should be linked with sugar prices while farmers demanded that the input costs should be taken

into account while fixing the FRP." Patil said: "we brought to the notice of the commission that the actual

cost of sugar cane production is Rs 3,000/tonne and that the Swaminathan committee had recommended

that the price of agricultural commodity should be decided by considering the actual cost of production

and 50% profit on that."

The Maharashtra government has decided it cannot afford the demand by farmer bodies and political parties toensure cotton growers get Rs 6,000 a quintal.
http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn18http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn18http://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn18http://economictimes.indiatimes.com/topics.cms?query=co-operativehttp://economictimes.indiatimes.com/topics.cms?query=co-operativehttp://economictimes.indiatimes.com/topics.cms?query=co-operativehttp://www.legalindia.in/wp-includes/js/tinymce/plugins/paste/pasteword.htm?ver=327-1235#_ftn18


10/10

It will, instead, pay a per-hectare bonus in addition to the central governments Minimum Support Price (MSP). Thedetails can be made public, it decided, only after the coming elections to local bodies across the state. A Congressparty minister, who did not want to be identified, said, They will be paid about Rs 1,500-2,000 per hectare above theMSP.

Even this, he said, would mean a Rs 800-1,000 crore hit in the current financial year on the state treasury. A political

problem, since both the Congress and its coalition ally, the Nationalist Congress Party, has pressed for the Rs 6,000a hectare payment. The central MSP is Rs 3,300 a qtl. Opposition parties are supporting the demand for Rs 6,000 aquintal.The central government has said anything above the MSP is the state governments responsibility. Chief ministerPrithviraj Chavan told Business Standard the Centre was clear on being unable to give any financial help for extrapayment.

Cotton procurement centres in the state have yet to become operational. Union agriculture minister Sharad Pawar(whos also head of the NCP) said procurement had already begun in all other cotton growing states. Adding: Thecentral government will not intervene, nor will it provide any funds if the government takes a decision to pay additionalamount to cotton growers. Punjab has announced payment of an additional Rs 50 above the the MSP. It is up to theMaharashtra government to take a final decision in this regard.

Chief minister Chavan told Business Standard: The cabinet held a detailed discussion on the price to be paid tocotton growers above the MSP declared by the Centre. The issue was also deliberated at the all-party meeting. Thecabinet has decided to pay an additional price based on per-hectare, not per-quintal, to growers. The decision, hesaid, could not be announced in view of the code of conduct in place till local body polls were complete.

The decision is likely to be announced in the coming winter session of the state legislature, slated to begin later thismonth at Nagpur.

The government has estimated production of 42.5 million qtls from 4.1 million ha during the current season. It hasprojected a cotton purchase of 17.5 million qtls and it would have to provide Rs 513 crore as margin amount to theMaharashtra State Cooperative Cotton Growers Marketing Federation. If the bonus was to be paid on a per-quintalbasis, sources said the government would have to pay out Rs 18,000 crore.

Documents

India Has Also Been One of the Relatively More Active Members