NEW DELHI, NOV 11: The Finance Ministry is planning to considerably soften and fine tune certain crucial provisions of the Prevention of Money Laundering Bill (PMLB) and Foreign Exchange Management Bill (FEMA) to offset the fears expressed by the industry. The scope of PMLB is likely to be limited to heinous crimes and a "sunset clause" is being considered to deal with cases being pursued under outgoing FERA.An indication to this effect was given by revenue secretary Javed Choudhury, while addressing a seminar on the subject organised by the Ficci here on Wednesday. The revenue secretary said that the consensus in the finance ministry was that the scope of the PMLB should be, "confined to such crimes as would come under the category of heinous crimes like the Narcotics and Psychotropic Substances Act 1995; the Immoral Traffic (prevention) Act 1956 and sections 121 and 121 A of IPC dealing with treasonable actions."
Much to the comfort of the industry, he said the ministry was of the view that "it wouldbe excessive to extend such a tough law to various common offenses which cover falsification of accounts, forgery of valuable securities, use of counterfeit currency notes and provisions relating to illegal gratification and influencing of public servants under the Prevention of Corruption Act 1988."
As far as the cases which were being pursued under FERA were concerned, the industry wanted that the pending ones be either dropped or tried in accordance with the provisions of the FEMA. However, the view was not acceptable to the ministry. Choudhury said that the ministry was in favour of a "sunset clause" in the FEMA.
He added that, "such a provision could either be to the effect that offenses under repealed FERA could be investigated for a maximum period after repeal of the law, or that, only such offenses be investigated under FERA as had been registered prior to the repeal of FERA."
He expressed the inability of the government to accept the suggestion of FICCI that all offenses committed during thevalidity of FERA be withdrawn as it would, "amount to undermining the very foundation of our concept of the rule of law." He also recalled that when TADA was repealed, the proceedings which had been initiated initially, continued.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.