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Report No. 166

The Corrupt Public Servants (Forfeiture of Property) Bill

The Corrupt Public Servants (Forfeiture of Property) Bill
1.1 The Background
2. The Genesis of the Report
3. Deleterious Effect of Corruption
4. Inadequacy of the Existing Law and the Proposed Measures to Tackle the Evil of Corruption
5. The Proposed Approach Recognised in the SAFEMA
1.5.1 SAFEMA applied to
6. Constitutionality of the SAFEMA upheld by the Supreme Court
7. The Concept of 'Implied Trust' and 'Breach of Trust on the part of Bribe-Takers
8. Reiteration of the Aforesaid Concept
9. Some Salient Features of the Proposed Bil
10. The Proposed Measures Supported by a Political Party and no Political Party Objected to it
11. Measures to Combat Corruption by OECD and Countries and Need for Stringent Measures
12. New Legislation Recommended
Annexure A The Corrupt Public Servants (Forfeiture of Property) Bill
The Corrupt Public Servants Bill
1. Short title, extent and commencement
2. Application
3. Definitions
4. Prohibition of holding illegally acquired property
5. Competent Authority
6. Power to Call for Information
7. Notice of Forfeiture
8. Forfeiture of property in certain cases
9. Burden of Proof
10. Fine in lieu of Forfeiture
11. Procedure in relation to certain Trust Properties
12. Certain transfers to be null and void
13. Appeal to the High Court
14. Notice or order not to be invalid for error in description
15. Bar of jurisdiction
16. Competent authority to have powers of civil court
17. Information to competent authority
18. Filing of Statement of Assets
19. Certain officers to assist competent authority
20. Power of competent authority to require certain officers to exercise certain powers
21. Power to take possession
22. Rectification of mistakes
23. Findings under other laws not conclusive for proceedings under this Act
24. Service of notices and orders
25. Protection of action taken in good faith
26. Punishment for giving false information
27. Act to have overriding effect
28. Provisions of the Act not to apply to certain properties held in Trust
29. Power to make rules
30. Act to be in addition to any other law

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