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Forfeiture of corrupt property recommended
February 13, 2007 17:15 IST
Corrupt bureaucrats, beware! The Second Administrative Reforms Commission has recommended forfeiture of property acquired through corrupt means.
In its fourth report on Ethics in Governances, the ARC headed by Veerrapa Moily has recommended that the Government should enact without further delay a bill on Corrupt Public Servants (Forfeiture of Property), which has also been suggested by the Law Commission.
"The Commission is of the view that for confiscation of the property of a public servant convicted for possession of disproportionate assets, the law should shift the burden of proof to the public servant who is convicted," the 263-page report, submitted to Prime Minister Manmohan Singh on Monday, said.
During its study, the Commission also took note of the Prevention of Corruption (Amendment), Act, 2006 of Jammu and Kashmir Government that provides for seizure and forfeiture of properties of a public servant that have been acquired by illegal means.
But in the proposed bill, the Commission said the power of confiscation should be with a competent authority like the Central Vigilance Commission and the provisions of the Bill should not only apply to the public servant but also to every person who is a relative or an associate of such person.
"It is also stipulated in the draft Bill that the property sought to be forfeited has not been acquired illegally, is on the accused persons public servant," the report said.