Report No. 166
The Corrupt Public Servants (Forfeiture of Property) Bill
An Act to provide for the forfeiture of illegally acquired properties of corrupt public servants and for matters connected therewith or incidental thereto.
Whereas for the effective prevention of corruption by public servants which is having a deleterious and deadening effect on administrative efficiency, developmental activities and programmes and is endangering the national to devise reflective and prompt measures to deprive persons engaged in such activities of their ill-gotten gains;
And Whereas many such public servants are stashing away their ill-gotten gains in numbered accounts in foreign banks and in many other ways outside the territory of India and whereas it is necessary to identify and seize those assets for being utilised for public purposes and whereas it is necessary for achieving the said purpose to declare the very holding or possession of illegally acquired properties an offence;
And Whereas prosecution of corrupt public servants under the provisions of the Indian Penal Code, 1860 and the Prevention of Corruption Act, 1988 has become difficult on account of various systemic defects and as a result of which the number of prosecutions and more so the number of convictions of corrupt public servants is ridiculously low compared to the widespread corruption pervading every level of administration.
And Whereas such public servants have been augmenting such gains by violations of Wealth Tax, Income-Tax and other laws or by other means and have thereby been increasing their resources for operating in a clandestine manner;
And Whereas such persons have in many cases been holding the properties acquired by them through such gains in the name of their relatives, associates and confidants; and whereas it is necessary to forfeit all such properties ignoring all kinds of devices and transactions;
Be it enacted by Parliament in the Forty-ninth Year of the Republic of India as follows: