Maharashtra moves bill to confiscate & attach property of corrupt officials

In a bid to curb corruption among public servants, the Maharashtra government today introduced a bill in Legislative Assembly proposing confiscation of assets if they are found to be in excess of 50 per cent of the known sources of income of such officials or are worth Rs 1 million.

"Any public servant who commits the offence (of corruption) and has assets in excess of 50 per cent of his/her known sources of income or Rs 1 million whichever is more; the state government may authorise the officer of the rank of Deputy Superintendent of Police for making an application to designated court for confiscation of the money and property of such public servant," stated the Maharashtra Confiscation of Disproportionate Property (of public servants) Act 2018 which was tabled by Parliamentary Affairs Minister Girish Bapat.

Underlining the need to bring such a law, Bapat referred to the provisions of the Criminal Law Ordinance 1944 that allow only attachment of the assets of corrupt public servants but not confiscation.

Moreover, the attached assets are in the custody of the public servant (so) he can enjoy the property and its relevant benefits till the end of the court proceedings, the bill said.

At present, the Prevention of Corruption Act provides for the appointment of special judges to try the offences punishable under the said Act.

"The Criminal Law Ordinance 1944, provides for attachment of property of the scheduled offences including certain offences punishable under the Indian Penal Code and Prevention of Corruption Act 1988. As per the provisions of the said Criminal Law Ordinance, the assets are only attached and cannot be confiscated," it stated.

The draft law also proposes to constitute a designated court to initiate the proceeding of confiscation of assets which will separate from the trial of the offence.

"The government considers it expedient to enact a special law for confiscation of the money and property of the public servant," the bill said.

It also proposes that transfer of such confiscated properties be declared null and void pending the proceedings.

The bill stipulates a time limit for speedy disposal of cases and refund of the confiscated money or property if the person concerned is acquitted.