Himachal tables Bill to confiscate properties of corrupt officials
Himachal Pradesh on Monday introduced a Bill in the Assembly to confiscate properties acquired by public servants through corrupt means and use these assets in public interest.
Chief Minister Prem Kumar Dhumal introduced the Himachal Pradesh Special Courts (Attachment and Confiscation of Property) Bill-2011 and said there were reports and allegations that some people holding public offices have acquired vast properties, disproportinate to their known sources of income.
He said there were sufficient reasons to believe that some of these reports and allegations were true.
Madhya Pradesh and Bihar have already implemented a law to confiscate properties of corrupt officials.
The Himachal Pradesh Bill also empowers the government to set up special courts for speedy trial of offences. The special court will be headed by a district and sessions judge or additional district and sessions judge and will ensure that the case is disposed of within a year’s time.
“It is the duty of the state to prosecute persons involved in such corrupt practices.The existing laws are insufficient as they neither provide for taking over the ill-gotten property nor does it provide a time-bound trial against the public servants involved in amassing such properties,” Dhumal said.
Section 10 of the Bill says the government, on the basis of prima facie evidence, has reasons to believe that any person who has held or is holding public office or has been a public servant has committed the offence, can move an application in the court seeking attachment of the property.
Under Section 13, if the offence is proved in the trial court, the government can confiscate the property.
The public servants aggrieved by the order of the trial court, however, will have a right to file an appeal in the high court.
The Bill is expected to come up for discussion in the House on the last day of the monsoon session on Tuesday.