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LATEST NEWS UPDATES | Safety net for retired government officials -Vishwa Mohan

Safety net for retired government officials -Vishwa Mohan

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published Published on May 2, 2013   modified Modified on May 2, 2013
-The Times of India


NEW DELHI: The Union Cabinet on Wednesday approved proposed amendments in the Prevention of Corruption Act, providing a safeguard to retired government officials from unnecessary prosecution for any bona-fide mistake and also broadening the definition of bribery to make a commercial entity liable for failing to prevent bribery of an official.

The proposed changes - Prevention of Corruption (Amendment) Bill, 2013 - also provide for allowing confiscation of property acquired by government officials through ill-gotten means.

Besides, the change in definition of bribery will, for the first time, cover intermediaries or middlemen under the anti-corruption law, which currently covers only government officials.

At present, the government's protection - which is available to only serving government official in the form of prosecution sanction - does not extend to retired bureaucrats. Government has felt the need to bring the amendment to extend this protection to retired officials so that it would be mandatory for prosecuting agency to get prior sanction before prosecuting them for something which they might have done with good intention during their tenure.

The proponents of the amendment, giving protection to retired government officials, believe that there is a need to protect such officials as they, at times, had to take a decision in good faith keeping in mind the larger public interest. They argue that the senior government officials won't take any tough decision if one goes on prosecuting them for "any bona-fide omission or commission in the discharge of their official duties".

The sanction of prosecution provision, needed to prosecute officials of the rank of joint secretary and above, has, however, attracted a lot of controversy as it has often been used to thwart investigations, particularly those that can touch the political executive. Government is, at times, accused of making unnecessary delay in granting sanction to prosecute senior bureaucrats or their political masters.

The proposed amendment bill has, however, taken care of this aspect. A timeframe has been set for getting sanction of competent authority to prosecute serving and retired officials. The sanctioning authority will, at the same time, have to give specific reasons for giving the nod for prosecution sanction or refusing it.

Other amendment relates to confiscation of properties of corrupt officials. If it becomes a law, the change will empower special judge to exercise powers of attachment of properties if the case of graft is established.

Briefing media about the Cabinet decision, finance minister P Chidambaram said provisions have been incorporated to confiscate and forfeit property illegally acquired by a corrupt official.

The amended bill has also laid down a "clear definition" of different forms of bribery in line with international practices, Chidambaram added.


The Times of India, 2 May, 2013, http://timesofindia.indiatimes.com/india/Safety-net-for-retired-government-officials/articleshow/19827595.cms


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