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Fugitive Economic Offenders Bill, 2018 approved, will force offenders to return India and face trial, says Centre Govt

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Fugitive Economic Offenders Bill, 2018

New Delhi: Amid PNB fraud row, the government has come up with a Bill to deter economic offenders from evading the process of Indian law by remaining outside the jurisdiction of Indian courts. The Union Cabinet has approved the proposal of the Ministry of Finance to introduce the Fugitive Economic Offenders Bill, 2018  in the Parliament. 

The Bill makes provisions for a Court (‘Special Court’ under the Prevention of Money-laundering Act, 2002) to declare a person as a Fugitive Economic Offender.

The cases where the total value involved in such offences is Rs.100 crore or more will come under the purview of this Bill.

Purpose of the Fugitive Economic Offenders Bill, 2018 Bill

The Bill is expected to include measures to compel the fugitive economic offenders to return to India to face trial for scheduled offences.

The government claimed it would also help the banks and other financial institutions to achieve higher recovery from financial defaults committed by such fugitive economic offenders.

It is expected that the special forum would be created for an expeditious confiscation of the proceeds of crime, in India or abroad. It would coerce the fugitive to return to India to submit to the jurisdiction of Courts in India to face the law for their offences, claimed the government.

What does Fugitive Economic Offender mean

A Fugitive Economic Offender is a person against whom an arrest warrant has been issued in respect of a scheduled offence and who has left India so as to avoid criminal prosecution, or being abroad, refuses to return to India to face criminal prosecution.

What are Scheduled offence

As per the government, a scheduled offence refers to a list of economic offences contained in the Schedule to this Bill. Further, in order to ensure that Courts are not over-burdened with such cases, only those cases where the total value involved in such offences is 100 crore rupees or more, is within the purview of this Bill.

Silent features of the FEO Bill, 2018 

  1. Application before the Special Court for a declaration that an individual is a fugitive economic offender;
  2. Attachment of the property of a fugitive economic offender;
  3. Issue of a notice by the Special Court to the individual alleged to be a fugitive economic offender;
  4. Confiscation of the property of an individual declared as a fugitive economic offender resulting from the proceeds of crime;
  5. Confiscation of other  property belonging to such offender in India and abroad, including benami property;
  6. Disentitlement of the fugitive economic offender from defending any civil claim; and
  7. An Administrator will be appointed to manage and dispose of the confiscated property under the Act.

Conditions

If at any point of time in the course of the proceeding prior to the declaration, however, the alleged Fugitive Economic Offender returns to India and submits to the appropriate jurisdictional Court, proceedings under the proposed Act would cease by law.

All necessary constitutional safeguards in terms of providing hearing to the person through counsel, allowing him time to file a reply, serving notice of summons to him, whether in India or abroad and appeal to the High Court have been provided for.

Further, provision has been made for the appointment of an Administrator to manage and dispose of the property in compliance with the provisions of law.

There have been several instances of economic offenders fleeing the jurisdiction of Indian courts, anticipating the commencement, or during the pendency, of criminal proceedings.

The absence of such offenders from Indian courts has several deleterious consequences – first, it hampers investigation in criminal cases; second, it wastes precious time of courts of law, third, it undermines the rule of law in India.

Further, most such cases of economic offences involve non-repayment of bank loans thereby worsening the financial health of the banking sector in India.

The existing civil and criminal provisions in law are not entirely adequate to deal with the severity of the problem. It is, therefore, necessary to provide an effective, expeditious and constitutionally permissible deterrent to ensure that such actions are curbed.

 It may be mentioned that the non-conviction-based asset confiscation for corruption-related cases is enabled under provisions of United Nations Convention against Corruption (ratified by India in 2011). The Bill adopts this principle.

In view of the above context, a Budget announcement was made by the Government in the Budget 2017-18 that the Government was considering to introduce legislative changes or even a new law to confiscate the assets of such absconders till they submit to the jurisdiction of the appropriate legal forum.

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Campus Watch

As major achievement, Nauni varsity scientists bag International project on oilseed research

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Nauni varsity scientists bags international project

Solan: Dr YS Parmar University of Horticulture and Forestry (UHF), Nauni, was in news last week after Jagriti Thakur, a research scholar at the varsity, won US-based International Plant Nutrition Institute (IPNI) Scholar Award for the year 2018.

This week, in a major achievement, the scientists of Department of Plant Pathology at the UHF, have bagged an International collaborative project on developing cutting-edge technology for inducing biotic and abiotic stress tolerance in mustard rape for economic and environmental sustainability.

The University will work with nine leading research organisations of the country besides seven renowned research institutes of United Kingdom in the project. The three-year project has a total budget outlay of more than Rs 7.27 crore as Indian component, which will be distributed to the 10 Indian institutes, which are part of the project. Each Indian institute will work on a different aspect of the project with a researcher working on the same area in the UK.

The project has been sanctioned under the prestigious NEWTON BHABHA Fund UK- India Pulses and Oilseed Research Initiative (PORI). The fund has been created by BBSRC of the Government of the United Kingdom and the Department of Biotechnology, Ministry of Science and Technology, GoI.

BBSRC which is a part of UK Research and Innovation, a body which works in partnership with universities, research organisations and government for promoting research and innovation is also making upto £3.5 million available to support the UK components of this research.

Dr HR Gautam, Professor and Head of Department of Plant Pathology informed that Dr Anil Handa, Professor of Plant Pathology will be the Principal Investigator and coordinator of this project while Dr Rajnish Sharma working in the Department of Biotechnology will act as the Co-Investigator.

He added that this achievement is one of the cherished moments in 55 years history of the department. Dr JN Sharma, UHF Director of Research, said that the University is making continuous efforts to get projects from various funding agencies and engage in collaborative work to strengthen the research capabilities and infrastructure.

India is one of the major producers and consumers of oilseeds crops in the world. The university scientists will work on ‘Genomics-led improvement of biotic and abiotic stress tolerance in mustard rape for economic and environmental sustainability’ by utilizing state-of-art advanced molecular approaches like CRISPER/Cas9 for mapping the genes conferring resistance to turnip mosaic virus (TuMV).

UHF Nauni Lab

The Plant Virology laboratory of the Department of Plant Pathology

The Plant Virology laboratory of the Department of Plant Pathology is an internationally acclaimed laboratory and has facilities for conducting molecular level research for determining the genetic diversity of TuMV in Northern India and developing a panel of Indian TuMV isolates for evaluating European and Indian sources of resistance.

Besides Dr YS Parmar University of Horticulture and Forestry, Nauni, the University of Delhi, South Campus; NIPGR, New Delhi; NBPGR, New Delhi; NRCPB, New Delhi; IARI, New Delhi; PAU, Ludhiana; CAZRI, Jodhpur; DRMR, Bharatpur and IIT Kharagpur will be a part of the project. The University of York, University of Hertfordshire, University of Warwick, University of Essex, Earlham Institute and Rothamsted Research will be the investigators from the United Kingdom.

While congratulating the scientists, UHF Vice-Chancellor Dr HC Sharma said that the project will go a long way in using the latest techniques in biotechnology for disease management to increase the productivity of oilseed crops. This project will also help train our students in using molecular markers for crop improvement.

Through this collaborative project, efforts are being made to encourage multi-institutional collaborations between UK and Indian researchers to undertake high-quality research aimed at increasing crop productivity, resilience, sustainability and quality of pulses and oilseeds grown for food or feed in India. Pulses and oilseeds are important crops in India.

Pulses are relatively under-used crops in the UK but are a major source of dietary protein in India. Oilseeds are grown in both countries and are a valuable source of oil for a variety of uses, as well as animal feed. This collaborative project aims to develop exploit genomic and bioinformatic resources to aid the development of improved varieties for sustainable crop production.

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MoU to construct Naina Devi-Anandpur Sahib ropeway signed

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naina devi-anandpur sahib ropeway mou signed

Shimla: A Memorandum Of Understanding (MoU) to build ropeway between Shri Naina Devi and Shri Anandpur Sahib was signed by Additional Chief Secretary Tourism Ram Subhag Singh, Himachal Pradesh and Secretary Tourism Punjab Vikas Pratap Singh, in Chandigarh today.

The MOU in the presence of Himachal Chief Minister Jai Ram Thakur and his Punjab counterpart Captain Amrinder Singh.

This ropeway will be constructed by Shri Naina Devi and Sri Anandpur Sahib Ji Ropeway Company Pvt Ltd with an estimated cost of Rs. 210 crores. The ropeway would cover a distance of 3.5 km.

A 10-member Board of Directors would be formed, and each government would nominate five members. The Chairman of the Board of Directors would be nominated by the Punjab government and the Managing Director would be appointed by the Himachal government. Both the governments will deposit 50 Lakhs each as an initial investment.

Chief Minister said that the lower terminal of this project would be at Rampur near Shri Anandpur Sahib, the Intermediate station will be at Toba in Himachal and the upper terminal point would be at Shri Naina Devi. The tourism departments of both the states would work as nodal agencies for this work.

The Tourism and Local Bodies Ministers Navjot Singh Sidhu said that inking of MoU by both the Chief Ministers on the auspicious birthday of Sheed-e- Azam Bhagat Singh is a big gift to the mankind.

In 2012-13, the efforts were made to build this ropeway and 14 acres of land was also acquired for this but due to some circumstances, the work could not be completed.

Naina Devi is one of the 52 famous Shakti Peethas of the country and is one of the most prominent religious places for not only the peoples of the country but the entire world. Likewise, Shri Anandpur Sahib is also a prominent international the religious place.

This project would boost the tourism sector in both the states alongwith strengthening the bond between two states besides facilitating the devotees visiting these two religious places.

It was informed that 80 percent pilgrims come to Shri Naina Devi from Punjab and during last one year, 20 Lakh devotees paid their obeisance in this Shakti Peeth.

The Chief Minister informed that for the construction of this impending ropeway, the matter had been taken up with his Punjab counterpart Captain Amarinder Singh on February 26, 2018.

The Chief Minister of Punjab said that with the construction of this ropeway the pilgrims of Punjab would get rid of the difficulty in reaching Shri Naina Devi.

He said that people of both the states would like to see this project completed at earliest and three year’s time frame has been fixed for its completion.

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Himachal suffers Rs. 1479 crore losses in 4 days alone, Centre releases Rs. 122 crore for rehabilitation

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Monsoon losses in Himachal pradesh in 2018

Shimla: Himachal Pradesh has suffered losses of about Rs. 1479 crore and during the last four days alone. Five choppers of Indian Air Force had been pressed into service to evacuate the stranded tourists and local people.

Chief Minister, who chaired a review meeting today, informed that the Centre Government has released Rs. 122 crore as the first instalment for the State for undertaking immediate rehabilitation measures.

himachal cm in meeting

Chief Minister Jai Ram Thakur during meeting held today

Over one thousand people have been rescued from Lahaul valley out of these 147 have been airlifted and remaining have been evacuated by road.

He said the road would be cleared upto Baralacha by this evening. All the rescued people were being taken for medical examinations. Efforts were being made to restore communication network in Lahaul valley.

He directed the officers to ensure adequate availability of essential commodities in the valley. He said that a team of BSNL would visit Sisu today for the restoration of communication in the area. The Government has assured all possible help to the BSNL in restoration work.

Out of 18 towers of BSNL in the valley, seven were working properly.

It was informed in the meeting that 18000-litre petrol and 27000-litre diesel was made available. LPG and other food items were also in sufficient quantity. It was informed in the meeting that water Supply to Manali has been restored and Lahaul valley was also almost restored.

Till the electricity supply was restored in the valley, efforts would be made to provide solar lamps and lights to the people, it was informed. Small transformers would be airlifted from Kullu to replace damaged transformers.

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