GOVERNMENT OF INDIA
Ministry of Personnel, Public Grievances and Pensions
(DEPARTMENT OF PERSONNEL AND TRAINING)
STARRED QUESTION NO. 374
(TO BE ANSWERED ON SEPTEMBER 06, 2012)
Confiscation of Illegally Acquired Money
*374. SHRI RAJEEV CHANDRASEKHAR:
Will the PRIME MINISTER be pleased to state:
(a) whether Government proposes to bring forward a legislation in Parliament for compulsory confiscation of dishonestly or illegally acquired money and properties of corrupt public servants in the country;
(b) if so, the details thereof; and
(c) if not, the reasons therefor?
Minister of State in the Ministry of Personnel, Public Grievances and Pensions and
Minister of State in the Prime Minister's Office
(SHRI V. NARAYANASAMY)
(a) to (c): A Statement is laid on the Table of the House.
STATEMENT REFERRED TO IN REPLY TO THE RAJYA SABHA STARRED QUESTION NO. 374 BY SHRI RAJEEV CHANDRASEKHAR FOR 06.09.2012 REGARDING
'CONFISCATION OF ILLEGALLY ACQUIRED MONEY'.
(a) to (c): The offences punishable under the Prevention of Corruption Act, 1988 are scheduled offences under the Criminal Law (Amendment) Ordinance, 1944. Accordingly, for an offence under the Prevention of Corruption Act, 1988, attachment/confiscation of property of corrupt public servants is done by applying the provisions of Criminal Law (Amendment) Ordinance, 1944. Further, the offences under sections 7, 8, 9, 10 and
13 of the Prevention of Corruption Act, 1988 are scheduled offences under the Prevention of Money Laundering Act, 2002 (PMLA). These offences are covered under paragraph 5 of Part B of the Schedule to PMLA, whereby only the offences where the total value in such offences is Rs. 30 lakhs or more are covered under the said Act. The Government has introduced the Prevention of Money Laundering (Amendment) Bill, 2011 in Lok Sabha on 27.12.2011, whereby the said offences under the Prevention of Corruption Act, 1988 are proposed to be moved from Part B to Part A (as Paragraph 8) of the Schedule to the Act and thus the threshold limit of Rs. 30 lakhs shall not be applicable, once the amendment is carried out.
The Lokpal and Lokayuktas Bill, 2011, which has been passed by the Lok Sabha on 27.12.2011 and presently stands referred to the Select Committee of the Rajya Sabha, also provides for confiscation of property of the corrupt public servants. Clauses 29 and 30 of the Bill provide for attachment of assets acquired by corrupt means whereas Clause 31 of the Bill provides for confiscation of assets, proceeds, receipts and benefits arising or procured by means of corruption.