Public servants with disproportionate assets in Maharashtra will soon lose their properties
Art present, the government has the right to attach the property, but physically, it remains in the possession of the accused officer.mumbai Updated: Apr 04, 2018 12:08 IST
The Maharashtra government is bringing a legislation that allows it to confiscate properties of any public servant accused of corruption and possessing disproportionate assets. The Maharashtra Confiscation of Disproportionate Property (of Public Servants) Act was introduced in the state assembly on March 27. It will come into effect once approved by both the Houses in July during the monsoon session of the state legislature.
The bills allows confiscating of the properties with prior approval from the court designated by the state government. Art present, the government has the right to attach the property, but physically, it remains in the possession of the accused officer.
Action can be taken based on a report from the director general, Anti-Corruption Bureau (ACB), duly approved by a committee headed by the additional chief secretary, home and secretary of the department concerned having sufficient grounds to believe that the assets of a public servant are vastly disproportionate to his known sources of income.
“If the report has reasonable grounds to believe that any public servant who has held or is holding public office committed the offence and has assets excess of 50% or Rs10 lakh over his known sources of income, whichever is more. The state government can authorise an officer of deputy superintendent of police rank for making an application to the designated court to confiscate the money and property of the public servant,” states the bill.
However, if the accused (public servant) is ready to deposit the market value of the property attached or confiscated with the designated court, such money or property shall not be attached or confiscated, it adds.
The bill also mandates return of the confiscated money or property or both to such person is acquitted of the offences and in case, it is not possible to return the property, such person shall be paid the price of the property and money or both.