ACB established under central anti-graft law, MHA issues order
Nasir Azam
Srinagar: The Government of India has established Jammu & Kashmir’s Anti-Corruption Bureau under the central anti-graft law after the statute under which it was established was repealed during the re-organisation of erstwhile state of Jammu & Kashmir.
Notably, the Union Home Ministry on Wednesday evening issued Jammu and Kashmir Re-organisation (adaptation of central laws) Order-2020 to notify that ACB shall be deemed to have been established under the Prevention of Corruption Act, 1988.
“The Anti-Corruption Bureau established under the Prevention of Corruption Act, Samvat, 2006 (now repealed) shall deemed to be Anti-Corruption Bureau established under the provisions of this Act, as if the same has been established under the provisions of this Act and any reference to the Anti-Corruption Bureau in any law, order, notification or rules in force in the Union Territory of Jammu and Kashmir shall be construed to mean the Anti-Corruption Bureau established under the provisions of this Act,” read the order issued by the MHA.
The order was issued more than two weeks after Union cabinet approved adaptations and modifications in central laws to pave way for their implementation in J&K UT.
The order states that the ACB shall consist of the Director and such other officers and staff subordinate to him as the Government of Union territory of Jammu and Kashmir may from time to time think fit to appoint, if further states.
The amendments have also been made in the central law to empower officers not below deputy superintendent of police rank to attach and seize properties acquired through criminal misconduct after prior permission of Director ACB.
“If an officer (not below the rank of Deputy Superintendent of Police) of the Anti-Corruption Bureau, investigating an offence committed under this Act, has reason to believe that any property in relation to which an investigation is being conducted has been acquired by resorting to such acts of omission and commission which constitute an offence of criminal misconduct ‘as defined under section 5, he shall, with the prior approval in writing of the Director of the Anti-Corruption Bureau, make an order seizing such property and, where it is not practicable to seize such property, make an order of attachment directing that such property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order or of the Designated Authority to be notified by the Government of Union territory of Jammu and Kashmir before whom the properties seized or attached are produced and a copy of such order shall be served to the person concerned,” the order states. (KNO)
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