THE RAJASTHAN GOVERNMENT SERVANTS INQUIRIES (EVIDENCE OF CORRUPTION) ACT, 1971
Rajasthan Act No. 11 of 1971
[Received the assent of the President on the 30th day of May, 1971].
An Act to make better provision for dealing with corruption among Government servants.
Be it enacted by the Rajasthan State Legislature in the Twenty-second Year of the Republic of the India as follows:
1. Short title. - The Act may be called the Rajasthan Government Servants Inquiries (Evidence of Corruption) Act, 1971.
Object & Reasons
Statement of Objects and Reasons - Sometimes complaints are received against Government servants who have in their possession assets which are disproportionate to the known sources of their income. To possess disproportionate assets which the Government servant cannot satisfactorily account for, is an offence under section 5(1)(e) of the Prevention of Corruption Act, 1947 but in all such cases it becomes difficult to conduct the prosecution successfully. At times in its place departmental inquiries if the Government servant refuses to make any statement it cannot be presumed that he has admitted the truth of the allegations and production of direct evidence is necessary to show as to by which means such assets had been acquired by him. It is clear that to procure such evidence is difficult if not impossible. It is felt that as in the trial of an offence the Inquiry Officers and other authorities connected with the departmental inquiry, when it is proved before them that any Government servant cannot satisfactorily account for them should be specially authorised to presume that such Government servant is guilty of misconduct. However, such Government servant should be given an opportunity to prove that such adverse presumption is wrong. (Bill No. 16 of 1969, published in the Rajasthan Gazette, Extraordinary, Part III-A, dated 21-7-1969 at page 124).
2. Definition. - In this Act unless the context otherwise requires, "Government servant" means a person, appointed to any public service or post in connection with the affairs of the State of Rajasthan, whose conditions of service the State Legislature is competent to regulate.
3. Presumption of misconduct. - If in an inquiry held against a Government servant for corruption, it is proved that the Government servant, or any person on his behalf is in possession, or has, at any time during the period of office of such servant, been in possession, for which such servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income, then on such proof the Inquiry Officer and any other authority concerned shall presume, unless the contrary is proved, that such servant is guilty of misconduct.
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