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This is an archive article published on July 26, 2002

Money Laundering Bill gets Rajya Sabha nod

In a major departure from normal procedure, Finance Minister Jaswant Singh on Thursday got the Prevention of Money Laundering Bill of 1999 p...

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In a major departure from normal procedure, Finance Minister Jaswant Singh on Thursday got the Prevention of Money Laundering Bill of 1999 passed by the Rajya Sabha, but not before offering an olive branch to the Opposition. Instead of having the Opposition stall the Bill for amendments even after it has gone through several stages of discussions, Singh invited the Opposition leader Manmohan Singh to name two or three people who could hold consultations with the government in framing the rules under the Bill before it becomes an Act.

Singh however did not have similar luck with the General Insurance Business (Nationalisation) Act 1972 with Dipankar Mukherjee of the CPI(M) opposing a hurried discussion on the Bill. He accused the government of allowing private companies in the insurance business even without the Bill being passed in Parliament. ‘But having stalled the Bill from 1995 to 2002, we are not likely to let it pass through without a discussion now,’ Mukherjee said.

Replying to the debate on the Money laundering Bill in the Rajya Sabha, Singh said ‘what I have done is very irregular as rules are laid on the table of the House not debated.’ However, in a bid to get consensus on the Bill Singh was willing to compromise.

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The Bill will now go back to the Lok Sabha which had passed the Bill but will have to reconsider the Bill as amendments have been incorporated in it in the Rajya Sabha.

Replying to the debate in the Upper House, Singh dismissed fears expressed by members on misuse of the legislation saying ‘it is not government’s intention to bring this measure for political vendetta.’ The Bill describes money laundering as ‘the process of cleansing money earned through illegal activities like extortion, drug trafficking and gun running. The tainted money is projected as clean money through an intricate process of placement, layering and laundering.’

Pointing out that apprehensions on misuse of the Bill persist despite it being referred to a Select Committee, the Finance Minister assured the House that ‘between now and the winter session of Parliament, government shall address itself to all anomalies and bring an amended Bill in the next session.’

To a suggestion from Congress member Kapil Sibal that government define a public servant, the minister expressed his inability saying this power rests with the Supreme Court who had already pronounced a verdict on the definition.

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Rajya Sabha member Fali S. Nariman suggested that a grievance cell be formed to remedy any wrong done under the harsh law since ‘there may be a politically-motivated prosecution by the state or otherwise.’

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