BILL TO AMEND PREVENTION OF CORRUPTION ACT, 1988:
The Prevention of Corruption, 1988 was enacted
to make anti corruption laws more effective. On the basis of actual experience
in implementation and keeping in view the recommendation of law commission in
India and the committee on Civil Services Reforms (Hota Committee), it is
proposed to amend the said Act.
Salient features of Bill are as follows:
1.
The Law Commission of India
in its 166th report recommended for the separate law providing for
forfeiture of property acquired by the holders of public office through corrupt
means. The said recommendations were examined and it was considered that the
objective of confiscations of illegally acquired property could be achieved by
incorporating the provision of Criminal Law (Amendment) Ordinance, 1944 in the
Prevention of Corruption Act, 1988 itself with suitable modifications.
Therefore it is proposed to insert a new Chapter IV A in the Prevention of
Corruption Act which empowers the special judge to exercise the powers of
attachment before judgement. The procedure provided will be more effective and
speedy.
2.
The Committee on Civil
Services Reforms (Hota Committee) in its report favoured a review of Section 13
(1) (d) (iii) of the said act by observing that if the decision of the officer
benefits the person without the public interest, the officer concerned can be
prosecuted in the court of law. Since all the commercial decisions benefit one
party or another, it is often difficult for an officer, even though acting in
good faith, to ensure conformity with this provision. Therefore it is proposed
to omit the said clause.
3.
It is also proposed to amend
Section 16 of the said Act to provide the quantum of fine for a person accused
of an offence under Section 13 (1) (e), so as to not exceed the pecuniary resources
or value of property for which the accused person is unable to account
satisfactorily.
The
purpose of Section 19 of the said Act is to provide a safeguard to a public
servant from vexatious prosecution from any bonafide commission or omission in
the discharge of his official duties. Presently, this protection is not
available for a person who has ceased to be a public servant. The said section
is being amended to provide the protection to the person who ceased to be a
public servants on the lines of Section 197 of Cr P C, 1973.
