Crimes against the State
The next ordinance promulgated by the President was called the “Laws Governing Crimes against the State.” The salient features of the Ordinance are given below.
Preamble
In the ancient days all property and assets of the kingdom were the property of the King. The king therefore took adequate measures to protect his assets. The punishment for destroying or stealing the king’s property was invariably death. In a democracy, the property of the state is the property of the people. It belonged to all and hence amounted to being the property of none. Today every body feels free to usurp or destroy public property. You can encroach on public land without being evicted. You can destroy public property without facing punishment. You can avoid paying taxes to the Government and enter into litigation which runs into years. In any case the only punishment could be a fine which you can always claim that you do not have the money to pay.
Our beloved leaders also feel very free in dishing out Government Funds. They give crores of rupees to individuals in the press, their friends and relatives from the discretionary funds of the ministers to ensure favorable coverage in the media. To gain votes they give free electricity and water to farmers, subsidized rations to the poor, waive loans given by the government or public sector banks and overlook theft of water and electricity. They reduce taxes but not expenditure. They give away Government land to organizations and individuals in whom they have interest at throw away prices. They exempt entertainment tax on shows in return for donations to the party funds. Our political leaders and the administration are very generous in the disbursement of Government funds and assets. It would have been wonderful if our leaders were equally generous with their own funds and assets. The result is that every year our Government is becoming poorer and the rich, the powerful business houses and our honorable political leaders and our able administrators and government servants are getting richer. If the loot of Government property and funds is not stopped, soon the government would have no funds to govern the country.
This Ordinance is an attempt to stop the destruction, misappropriation and disposal of Government property and funds. However, this ordinance does not seek to curb the freedom of speech or expression. of the citizens of India. They are free to express their views through news papers, magazines, cartoons, peaceful assemblies and protests. But violence or forcing citizen to join protests or disrupting essential services including blocking roads or rails will not be tolerated.
Offenses against the State
Any person or persons who willfully destroy or damage any Government property will, if convicted in a court of law, be given a sentence of one year to life rigorous imprisonment depending on the gravity of the offense and the value of the property. The cost of the property will also be recovered from the individual. If the fine is not paid, the moveable or immovable property of the person or persons will be confiscated and auctioned to recover the dues. If the damage or destruction takes place during a political demonstration, the political party will be liable for paying the damage and the political leaders taking part in the demonstration will be held personally responsible and will undergo the prison sentences.
Any administrative authority, police, paramilitary forces or member of the armed forces who fails to do his best to protect the Government property from damage or destruction will, if found guilty of dereliction of duty, be punished suitably and may be dismissed from service.
Any Government Servant, who willfully or through gross neglect, destroys or damages or allows takeover of Government Property by unauthorized persons, if found guilty will be dismissed from service and given a prison sentence up to life imprisonment depending on the gravity of the crime. The Government property will also include files and documents, stores and equipment.
Any person who encroaches on government land or building on any pretext whatsoever will be evicted from the land and will be liable to pay the cost of the eviction proceedings. If the encroacher is a Government Servant , politician , builder or an individual who is in business and the individual builds any kind of structure on the said property without due permission, he will be liable to a punishment up to life imprisonment depending on the gravity of the offense.
Any authority or Government officer who fails to take cognition of an encroachment in his jurisdiction and who fails to take action to get the encroachment evicted will on being found guilty be dismissed from service and suffer a term of imprisonment up to life imprisonment.
Any authority, individual or organization who interferes with the investigation or eviction process will, if found guilty, be punished with imprisonment up to life imprisonment.
Any Government Servant who allows theft of Government resources like water , electricity or fails to recover dues for providing facilities like vehicles , aircraft or any other services provided by the Government, will , if found guilty, be dismissed from service. He will also be liable to make good the loss in revenue and on failure to do so be punished with imprisonment up to life imprisonment. His personal property will be confiscated.
Any person who provides any inducement, either monetary or otherwise, to a Government Servant to allow theft of any government resources or revenue, will if found guilty be punishable with imprisonment up to life imprisonment. The loss of resources or revenue will be recovered from the assets of the person.
Any person who interferes with the due process of law by interfering with the investigation, threatening or offering inducements to the members of the judiciary, the police or any investigating agency or to any witness or in any other way, will, if proved guilty, be punished with imprisonment up to life imprisonment .
Any Government Servant or elected representative of the people, who does not pay dues to any department of the Government for provision of services like telephone, electricity, water, transportation etc. within six months of the bill being raised or the amount being due, will, if he is a Government Servant, be dismissed from service and if he is an elected representative of the People, be permanently disqualified. The moveable or immovable property of such persons will be attached by the Union and if the dues are not cleared within a period of three months, the property will be auctioned off to recover the dues. The balance amount, if any, will be returned to the person.
Any person or persons who resists any Government Servant or agency in the execution of their duty or uses force against such Government Servant or Agency will , if found guilty in a court of law, be punished by imprisonment up to life depending upon the gravity of the offense . If fire arms or explosives are used, the minimum punishment will be death or imprisonment for life.
All offenses under this act are non bailable. The charge sheet must be filed within 90 days unless prior permission of a court has been obtained and the trial will be completed within 180 days of filing the charge sheet. If the investigating agency fails to file the charge sheet in time without prior approval of a court, the officer in charge of the investigation will be dismissed.
Liabilities of Elected Governments or Bodies Like Municipal Corporation
Clause1
Any Government or Municipal Body which grants free facilities free water, electricity, transportation to any individual or group of individual which is not available to all citizens will be dismissed and fresh elections held. The only exceptions would be those effected by natural calamities, or persons displaced by projects.
Clause 2
Any Government or Municipal Body which grants exemption to any individual or organization from paying dues to the Government like sales tax, exercise duty, entertainment tax, etc. will be dismissed and fresh elections held. Any exemption would only be with the permission of the President.
Clause 3
Any Government or Municipal body which parts with any Government Land or property to any individual or organization at a rate less than the market rate would be dismissed and fresh elections held. The only exemption would be industrial joint ventures where the Government is given sha
res equal to the market value of the property. Any loss to the state occurring from such an action will be recovered from the members of the Government or Municipal body.
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