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The Lokpal and Lokayuktas Act, 2013

29. Provisional attachment of assets.

1.      Where the Lokpal or any officer authorised by it in this behalf, has reason to believe, the reason for such belief to be recorded in writing, on the basis of material in his possession, that-

a.      any person is in possession of any proceeds of corruption;

b.     such person is accused of having committed an offence relating to corruption; and

c.      such proceeds of offence are likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceedings relating to confiscation of such proceeds of offence, the Lokpal or the authorised officer may, by order in writing, provisionally attach such property for a period not exceeding ninety days from the date of the order, in the manner provided in the Second Schedule to the Income-tax Act, 1961 and the Lokpal and the officer shall be deemed to be an officer under sub-rule (e ) of rule 1 of that Schedule.


2.      The Lokpal or the officer authorised in this behalf shall, immediately after attachment under sub-section (1 ), forward a copy of the order, along with the material in his possession, referred to in that sub-section, to the Special Court, in a sealed envelope, in the manner as may be prescribed and such Court may extend the order of attachment and keep such material for such period as the Court may deem fit.

3.      Every order of attachment made under sub-section (1 ) shall cease to have effect after the expiry of the period specified in that sub-section or after the expiry of the period as directed by the Special Court under sub-section (2 ).

4.      Nothing in this section shall prevent the person interested in the enjoyment of the immovable property attached under sub-section (1 ) or sub-section (2 ), from such enjoyment.

Explanation. -For the purposes of this sub-section, "person interested", in relation to any immovable property, includes all persons claiming or entitled to claim any interest in the property.

Lokpal and Lokayuktas Act, 2013 Back

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