The Prevention of Corruption (Amendment) Act 2006-attachment of property

A presentation by Dr Ashok Bhan Commissioner of Vigilance J&K at Conference of Lok Ayuktas and State Vigilance Commissioners / Chief’s of Anti-Corruption Bureaus on 25, May 2007 at Ahmedabad

•

Prevention of Corruption (Amendment) Act 2006 provides for Attachment of immovable property during investigation

•

Forfeiture of such property by the Special Court during trial

Prevention of Corruption (Amendment) Act 2007

•

Attachment shall include temporarily assuming the custody, possession and/or control of such property

•

Attachment Order

Investigating Officer not below the rank of Superintendent of Police can make an order of attachment directing that such property shall not be transferred or otherwise dealt with

•

Reason to believe that property in relation to which investigation is being conducted has been acquired by resorting to such acts of omission & commission which constitute an offence of “Criminal misconduct” under sec 5 of PC Act

•

Prior permission of Commissioner of Vigilance in writing

•

I.O. can also with prior approval of Vigilance Commissioner issue an order that any property which is a subject matter of investigation and is likely to be transferred or otherwise dealt with to defeat the prosecution of the case shall not be transferred for a period not exceeding 90 days.

Designated Authority

•

I.O. to inform designated authority (Principal Secretary GAD) about the seizure or attachment within 48 hrs with a report of circumstances occasioning the seizure or attachment

•

Designated authority to confirm or revoke the seizure or attachment within 21 days after providing an opportunity to the I.O. and the person whose property is being attached or seized

•

Designated authority to ensure safety and protection of such property till disposal of the case

Appeal & powers of Special Judge

•

Appeal against order of Designated authority lies with The Special Judge (Anti-Corruption)

•

Special Court if satisfied about seizure or attachment, it may order forfeiture of such property, whether or not the person from whose possession it is seized or attached is prosecuted for a offence under the Act

•

Special Court can order sale of perishable property

•

Special Court can nominate an officer of the Govt to perform function of the Administrator of such property

•

Before issuing an order of forfeiture, the Special Court to provide an opportunity to the owner to show cause

•

Any person aggrieved by order of forfeiture may within one month from the date of receipt of such order appeal to the High Court

•

Attachments in practice

Generally in a disproportionate assetts case

•

A rough estimate of assetts and income prepared and value of disproportionate assetts calculated

•

A suitable property selected for attachment whose value at the time of acquisition is less than the calculated disproportionate assetts

•

Investigation transferred to Superintendent of Police

•

I.O. prepares a report justifying attachment

•

Commissioner of Vigilance orders attachment

•

I.O. issues an attachment order & owner informed

•

Designated authority announces a date for providing opportunity to the I.O. & the owner of the property

•

Order of the designated authority

FIR No

22/2005-VOK 18/2005-VOJ 40/2003-VOK 19/2005-VOJ 21/2001-VOK 36/2005-VOK 34/2006-VOK

List of properties attached

Name & designation of accused Details of property

Shri Mohammad Ramzan Nadaf, Executive Engineer R&B Srinagar Shri Parshotam Singh, Patwari, now Girdawar Shri Gh.Rasool Magray, a former employee of CA&PD Department at Sarnal, K.P. Road, Anantnag Shri Kiran Wattal, Joint Commissioner, Works Jammu Municipal Corporation Shri Mohammad Hafiz Rafiqui, Accounts Assistant, Finance Department Shri Hakim Mukhtar Ahmad, I/C Range Officer Rajwar, Handwara Shri Ab.Hamid Shawl, Executive Engineer PDD, Anantnag Two plots of land No.61 & 62 at SDA MIG/HIG Colony, Bemina, Srinagar which is under the name of his daughter’s Ruqaya Shaheedi and Miss Wajida Shaheedi Stone Crusher at Birwan Nallah Udhampur and 10 kanals of vacant land falling under khasra No.958,959 and 998-min located on National Highway 1-A Rehmbal Tehsil & District Udhampur, property in the name of his wife Usha Rani.

Land + two storey house situated at Sarnal K.P.Road Anantnag Five storey building at Janipur Jammu Two plots of land and single storey incomplete structure raised at Govt. Housing Colony Ompora Budgam 1 kanal of land at Al Farooq Colony Rawal pora Srinagar Land measuring 14 marlas under Survey No. 2767 situated Lalnagar Chanpora, Srinagar, land measuring 1 kanal ½ marlas under Survey No.2762 situated at Lalnagar Chanpora

Market value at the time of attachment

Rs 20Lacs approx Rs 53 lacs approx Rs.75.00 lacs aprox.

Rs.1.00 crore aprox.

Rs 10 lacs approx Rs 25 lacs approx Rs 35 lacs approx

FIR No

List of properties attached

Name & designation of accused Details of property Market value at the time of attachment

38/2006-VOK 22/2006-V0J Shri Showkat Ali Chalak, Sr.Assistant City Mechanical Drainage Division LAWDA, Srinagar Shri Ashwani Kumar, JE, Electric M&RE Divn. Poonch Land measuring 2 kanal 12 marlas and 90 Sqft under Survey No. 42 situated at Pazalpora Shalimar, Srinagar 4 Kanals 16 Marlas of land at Pachoti, Kud Rs.25.00 lacs 29/2006-VOJ 1/2007-VOJ 37/2006-VOK Shri Mohinder Lal, Range Officer IWDP Devak Thanda Pani Sunderbani, Rajouri Shri Mumtaz Hussain Bhat, Jr. Asstt, ZEO Office Pattan Shri Ab Ahad Rather, Accountant Finance Deptt 3 shops constructed on a piece of land measuring 3 marlas 3 storeyed house with 3 shops in the ground floor constructed over a land measuring 2 marlas 5 sarsai under Khasra No. 3222 situated at gandi Kassi Ward No. 10 Poonch 3 storeyed building at Dangerpora, Pulwama Rs 5.00 lacs 38/2007-VOK Shri Mohammad Yousuf Dar, Ex. Joint M.D. SRTC One kanal and 9 ½ marlas under khasra No. 143 situated at Harwan Srinagar.