Property of corrupt officials can be seized even post retirement

New guidelines for IAS, IPS

GN Bureau | February 14, 2012



The centre has issued new guidelines to seize properties or money of government officials involved in corrupt practices even after their retirement.

According to new norms made in consultation with the Ministry of Law and Justice, a competent authority in concerned department can give authorisation to the Centre to attach properties or wealth of the accused employee acquired through corrupt practises after his retirement.

The guidelines assume significance as most of the departments and investigating agencies like CBI have expressed difficulty in acting against corrupt public servants who have retired pending chargesheet or charges under the Prevention of Corruption Act.

"Departments have written to us seeking clarification while attaching properties of a corrupt officials. More difficulties were being faced in case of retired government officials. Hence, we decided to get the issue resolved," a senior official of the Department of Personnel and Training (DoPT) said.

He said a set of guidelines have been issued to all the departments under the Government, including the CBI.

The Section 3 of the Criminal Law (Amendment) Ordinance, 1944, authorises the Government to attach properties of a person said to have procured through corrupt means.

However, the clause lacks clarification for seizure of properties in case of pending charge sheet, sanction of prosecution or in case of retirement of a corrupt person.

"In the case of retired public servants, even though the charge sheets are filed without obtaining sanction for prosecution under Section 19 (1) of the PC Act, 1988, the Government or authority which would have been competent to remove the public servant from his office at the time when the offence was alleged to have been committed should be competent to give authorisation...For attachment of money or procured by means of scheduled offences," the official said.

He said in cases where the competent authority cannot be equated with the central government, the administrative ministries of the concerned competent authorities can file an application seeking attachment of money or properties of a corrupt public servant.

The Section 19 (1) of the PC Act says that "no court shall take cognizance of an offence punishable under Sections 7, 10, 11, 13 and 15 alleged to have been committed by a public servant, except with the previous sanction".

The sections deals with acts of corruption by a public servants.

Comments

 

Other News

How the flora and fauna evolved in the Indian subcontinent

Mammals of India  By A.J.T. Johnsingh and P.O. Nameer HarperCollins India in association with Bombay Natural History Society  

India`s renewable race is moving beyond megawatts

When Shell bought Sprng Energy in 2022, India`s renewable energy market appeared to offer precisely what global energy majors were seeking: scale, growth and a place in one of the world`s largest energy transitions. Four years later, Shell is selling the same business to Aditya Birla Group for an enterpris

Nepal Floods: India keeps close watch on the situation

India`s central government has been keeping a close watch on the situation arising out of the flash flood in Nepal on Wednesday. Union home minister Amit Shah spoke with the chief ministers of Bihar and Uttar Pradesh, the two states that share the border with Nepal, regarding the disaster

UPI completes 10 years of digital payments revolution

The Unified Payments Interface (UPI), launched on August 25, 2016 by the National Payments Corporation of India (NPCI) under the regulatory oversight of the Reserve Bank of India (RBI), has completed 10 years of transforming digital payments in India. UPI has emerged as the backbone of India’s digi

Here’s an I.D.E.A. for career growth and success

Success in today’s professional organisation is no longer solely determined by academic qualifications, technical expertise or years of experience. While these attributes do matter, organisations increasingly value individuals who demonstrate the right mindset and behavioural qualities. The ability

PM interacts with CEOs, founders of space startups

Prime minister Narendra Modi interacted with CEOs and Founders of 20 Space Startups at Seva Teerth on Friday.   CEOs of leading companies in the space sector working in diverse fields ranging from building rockets and reusable semi-cryogenic launch vehicles, avionics, satelli

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter