Prevention of Corruption Act
Posted On: 25 JUL 2018 3:18PM past times PIB Delhi
The provision of department 13(1)(d)(iii) of the Prevention of Corruption Act, 1988 every bit it shortly exists is every bit follows:
“13. Criminal misconduct past times a populace servant.
(1) H5N1 populace retainer is said to commit the offence of criminal misconduct,-
…….
if he,----
……..
(iii) spell asset part every bit a populace servant, obtains for whatsoever mortal whatsoever valuable affair or pecuniary wages without whatsoever populace interest;…….”
The aforesaid provision does non send the chemical constituent of mens rea in addition to thence does non trammel such type of corruption to bribing of a populace retainer or whatsoever dishonest conduct past times him. This raises apprehensions in addition to fears inwards the heed of populace retainer which prima facie get got the potential of impeding in addition to slowing downwards conclusion making.
The Prevention of Corruption (Amendment) Bill, 2013, for amending the Prevention of Corruption Act, 1988, was introduced inwards the Rajya Sabha on 19.08.2013. The Bill later having been considered past times the Department related Parliamentary Standing Committee on Personnel, Public Grievances, Law in addition to Justice, inwards its 69th Report in addition to the Law Commission of Republic of Republic of India inwards its 254th Report, was likewise examined past times the Select Committee of Rajya Sabha, which submitted its written report on the Bill to the Rajya Sabha on twelfth August, 2016.
Recommendations made past times the Select Committee inwards its written report on the Bill were considered past times the Government in addition to official amendments were moved on the Bill every bit reported past times the Select Committee of the Rajya Sabha.
The Bill was taken upward for give-and-take in addition to passed past times the Rajya Sabha on 19th July, 2018 during its electrical current 246th Session. Further, it was taken upward for give-and-take in addition to passed past times the Lok Sabha on 24th July,2018 during its electrical current 15th Session of the 16th Lok Sabha.
This data was provided past times the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy in addition to Space, Dr Jitendra Singh inwards written reply to a enquiry inwards Lok Sabha today.
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