1[68S. Information to competent authority.– (1) Notwithstanding anything contained in any other law, the competent authority shall have power to require any officer or authority of the Central Government or a State Government or a local authority to furnish information in relation to such persons, points or matters as in the opinion of the competent authority will be useful for, or relevant to, the purposes of this Chapter.
(2) Every officer referred to in section 68T may furnish suo motu any information available with him to the competent authority if in the opinion of the officer such information will be useful to the competent authority for the purposes of this Chapter.]
1. Ins. by Act 2 of 1989, s. 19 (w.e.f. 29-5-1989)
Simplified Explanation
Section 68S provides the competent authority with the power to gather essential information for the purposes of enforcing the provisions related to the forfeiture of illegally acquired properties under this Chapter. This section outlines how the competent authority can access relevant information from various government bodies and officials to assist in its investigations.
Key Provisions of Section 68S:
- Power to Require Information:
- Subsection (1) grants the competent authority the power to require any officer or authority of the Central Government, State Government, or any local authority to furnish information that may be useful or relevant to the purpose of the Chapter.
- This provision ensures that the competent authority can obtain crucial information from various sources, including government agencies or local authorities, to investigate cases related to illegally acquired property.
- Suo Motu Furnishing of Information:
- Subsection (2) allows officers referred to in Section 68T to voluntarily provide information to the competent authority. This means that if an officer believes that certain information they possess will be beneficial for the competent authority’s investigations or proceedings, they may share it without being explicitly asked to do so.
- This provision enhances the proactive flow of information to the competent authority, making it easier to gather evidence and investigate illegal property acquisitions.
Implications of Section 68S:
- For the Competent Authority:
- The authority has the ability to compel the provision of information from various governmental bodies or local authorities, ensuring that it has access to all relevant data that may aid in its investigation or determination of illegally acquired properties.
- This broad access to information increases the efficiency of the forfeiture process and ensures that all aspects of a person’s financial and property holdings can be properly examined.
- For Government Officers and Authorities:
- Officers or authorities of the Central Government, State Government, or local authorities are required to comply with requests for information from the competent authority. Failure to provide relevant information may hinder the investigation process.
- Officers in certain positions, as outlined in Section 68T, can voluntarily provide information that may assist in such investigations, contributing to the overall enforcement of the law.
- For Affected Persons:
- Individuals under investigation for illegally acquired properties may be subject to scrutiny not only of their own records but also of related governmental records, making it crucial for them to maintain transparency in their dealings.
- They should be aware that various authorities might be sharing information with the competent authority as part of the investigation.
- For Legal Professionals:
- Lawyers representing clients in cases involving forfeiture should be prepared for the possibility that the competent authority may seek or obtain information from a range of public sources, including financial records, property records, or public databases.
- Counsel should ensure that all relevant information is presented or protected in the best interest of their clients, especially when third parties are involved in furnishing data.
Example:
If an individual is under investigation for having illegally acquired property, the competent authority can request relevant information from local authorities or the income tax department to trace the source of the individual’s income. In a situation where an officer from the income tax department discovers additional financial data or discrepancies that could be relevant to the case, they have the authority to suo motu provide that information to the competent authority to assist in the investigation.
Section 68S ensures that the competent authority has access to a wide range of information, both through direct requests to various government bodies and through voluntary disclosures from relevant officers. This power is crucial for conducting thorough investigations into illegal property acquisitions and facilitates the effective enforcement of the forfeiture laws under this Chapter.
