Southern States - Kerala   

New anti-graft law in the offing

By G. Anand

THIRUVANANTHAPURAM JUNE 18. The Kerala Government is seriously considering introduction of a potent anti-corruption law that would provide for the taking over property acquired illegally by corrupt public servants, according to top police sources. The proposed law shall prohibit the holding of any illegally acquired property by a public servant himself or through another person on his behalf. It will also provide for forfeiture of such property to the Government. Those found guilty could face imprisonment up to seven years. According to the preamble of the draft "Kerala Corrupt Public Servants (Forfeiture of Property) Bill, 2003" the prosecution of corrupt public servants under the Prevention of Corruption Act, 1988, had become difficult owing to various defects in the Act. As a result, the number of public servants prosecuted and convicted was ridiculously low compared to the prevailing level of corruption in the State.

According to the draft Bill, many corrupt public servants are now stashing away their "ill-gotten gains outside Kerala'' and "it was necessary to identify and seize those assets and use them for public purpose.'' Many of the property acquired through corrupt means were also being held in the name of "relatives," "associates" and "confidants." The proposed law is meant to provide for taking over all such property by the Government, irrespective of the kind of devices and transactions used to obtain or conceal them.

The provisions of the law shall apply to every public servant. It shall also apply to those who have been found guilty of corruption in a disciplinary or departmental inquiry, by a court, lok ayukta or upa lok ayukta. Those who hold illegally acquired property and those who found in possession ill-gotten property in the course of a search, raid or survey or in any other manner whatsoever, which are disproportionate to his known means of income, shall come under the ambit of the proposed law.

Holder of any property, which was at any time previously held by corrupt public servant, will also come under the scrutiny of the proposed law. The onus will be on the owner to prove that the property was transferred to him in good faith for adequate consideration.

Any person who has deposited money or movable property in any bank or concern outside Kerala or has acquired any property outside the territory of the State without requisite permission shall come under the provisions of the draft law. The "law" also provides for the scrutiny and forfeiture (if need be) of the property acquired in the name of "relatives" and "associates" (defined comprehensively in the draft) of a corrupt official. The lok ayukta or the upa lok ayukta shall have the powers and perform the functions of the competent authority. The authority shall have all the powers of a civil court. The police, vigilance, income-tax officials and enforcers of the Foreign Exchange Regulation Act, 1973 are required to assist it. The competent authority can also delegate its powers and functions to special vigilance judges appointed by the Government, wherever required.

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