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LATEST NEWS UPDATES | Rajasthan legislation to attach properties of corrupt public servants

Rajasthan legislation to attach properties of corrupt public servants

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published Published on Apr 13, 2012   modified Modified on Apr 13, 2012
-The Hindu

The Rajasthan Assembly on Thursday passed a significant anti-corruption legislation which would facilitate the Government to confiscate and attach any disproportionate property amassed by the corrupt public servants. The Rajasthan Special Courts Act, 2012 passed in the Assembly by a voice vote is modelled after existing legislations in the States of Bihar and Orissa.

The legislation brings everyone who draws salary from the Government, including the Chief Minister, under its purview. The judicial officers are also included. If the Special Court finds the public servant whose property is confiscated innocent later, the same would be returned to the person with 5 per cent interest on its value.

While the Opposition too was for more stringent tools to fight corruption in public life — their fears were about the misuse of the new law by the Government in power — a token voting became necessary as they wanted the Bill to be sent for public opinion before it is passed.

Parliamentary Affairs Minister Shanti Dhariwal, who piloted the Bill in the Assembly, said the legislation was for curbing corruption and for effective measures to take back the ill-gotten wealth from the wrong-doers through Special Courts. All the provisions in the Act are time-bound, with a set time period for various actions, he said. The Special Courts would have to decide on any case in six months' period and only under unusual circumstances a decision could be postponed. Even in that case the postponement, the delay could not be beyond three months, Mr. Dhariwal said.Under the Act if a notice is served by the presiding officer of the Special Court on any suspected property worth beyond the known source of income of its possessor, that asset could not be transferred or sold. The value of the property would be assessed on the basis of the prevailing market rates.

Participating in the debate senior BJP member and former Minister Gulab Chand Kataria said the public would revolt if the politicians failed to act fast to curb growing corruption. However, he resented the portrayal of India as a corrupt nation. “India is not a corrupt country. Only 1-2 per cent persons here are corrupt,” he said. Mr. Kataria also lamented the fact that the previous day the legislation on land, 90 A, was passed without any discussion after a mutual agreement between the ruling party and the Opposition.

The BJP members, Deputy Leader of the Opposition Ghanshyam Tiwari, Rao Rajendra Singh and Kiran Maheshwari expressed their fears over the misuse of the new Act by the Government. Ms. Maheshwari noted that as the presiding officers would be appointed by the Govt they could be influenced by those in power. Responding to this fear Mr. Dhariwal pointed out that the presiding officer would be appointed by the High Court. The whole gamut of activity would be under the observation of the High Court. The Act would be applicable in the case of politicians holding public offices, including the Chief Minister and judicial officers, Mr.Dhariwal asserted.

The Hindu, 13 April, 2012, http://www.thehindu.com/todays-paper/tp-national/article3309199.ece


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