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Report No. 166

2. Application.-

(1) The provisions of this Act shall apply only to the persons Specified in sub-section (2).

(2) The persons referred to in sub-section (1) are the following, namely:-

(a) every public servant

(i) who has been found guilty of corruption in a disciplinary/departmental enquiry or by a court, or

(ii) who is holding or is in possession of illegally acquired properties, or

(iii) who is found holding or in possession of properties whether in the course of a search, raid or survey by an authority or in any other manner whatsoever, which are disproportionate to his known means of income;

(b) every person who is a relative of the public servant, referred to in clause (a);

(c) every associate of the public servant referred to in clause (a);

(d) any holder of any property which was at any time previously held by the public servant referred to in clause (a), unless such holder proves that he was a transferee in faith for adequate consideration;

(e) any person who has deposited any amounts or other movable properties in any bank or any other concern outside the territory of India, or has acquired any properties outside the territory of India without the requisite permission of the appropriate authority in India.

Explanation 1.-For the purposes of clause (b) of this sub-section, "relative" in relation to a public servant means-

(i) spouse of the public servant;

(ii) brother or sister of the public servant;

(iii) brother or sister of the spouse of the public servant;

(iv) any lineal ascendant or descendant of the public servant;

(v) any lineal ascendant or descendant of the spouse of the public servant;

(vi) spouse of the person referred to in clause (ii), clause (iii), clause (iv) or clause (v);

(vii) any lineal descendant of the person referred to in clause (ii) or clause (iii).

Explanation 2.- For the purposes of clause (d), "associate" in relation to a public servant means-

(i) any individual who had been or is residing in the residential premises (including outhouses) of such public servant;

(ii) any individual who had been or is managing the affairs or keeping the accounts of such public servant;

(iii) any association of persons, body of individuals, partnership firm, or private company within the meaning of the Companies Act, 1956, of which such public servant had been or is a member, partner or director;

(iv) any individual who had been or is a member, partner or director of an association of persons, body of individuals partnership firm or private company referred to in clause (iii) at any time when such public servant had been or is a member, partner or director of such association, body, partnership firm or private company;

(v) any person who had been or managing the affairs, or keeping the accounts, of any association of persons, body of individuals, partnership firm or private company referred to in clause (iii);

(vi) the trustee of any trust, where-

(a) the trust has been created by such public-servant; or

(b) the value of the assets contributed by such public servant (including the value of the assets, if any, contributed by him earlier) to the trust amounts, on the date on which the contribution is made, to not less than twenty per cent of the value of the assets of the trust on that date;

(vii) where the competent authority, for reasons to be recorded in writing, considers that any properties of such public servant are held on his behalf by any other person, such other person.

Explanation 3.-For the avoidance of doubt, it is hereby provided that the question whether any person is a person to whom the provisions of this Act apply may be determined with reference to any facts, circumstances or events (including any conviction or detention) which occurred or took place before the commencement of this Act.



The Corrupt Public Servants (Forfeiture of Property) Bill Back




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