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Report No. 166

3. Definitions.-

(1) In this Act, unless the context otherwise requires-

(a) "competent authority" means the competent authority appointed under sub-section (1) of section 5 and shall include the competent authorities designated as such under sub-section (2) of section 5;.

(b) "corruption" includes (i) conduct of the nature specified in any of the offences mentioned in the Prevention of Corruption Act and the offences mentioned in sections 166 to 169, 197, 217 to 219, 409, 477A and 483A to 489E of the Indian Penal Code, 1850, and (ii) such conduct as is inconsistent with the integrity a public servant is expected to possess and which causes or likely to cause loss or prejudice to the interest of the State,or to the public interest, as the case may be;

(c) "illegally acquired property", in relation to any person to whom this act applies, means

(i) any property acquired by such person whether before or after the commencement of this Act, wholly or partly out of or by means of any income, earnings or assets derived or obtained from or attributable to any activity prohibited by or under any law for the time being in force relating to any matter in respect of which Parliament has power to make laws; or

(ii) any property acquired by such person whether before or after the commencement of this Act, wholly or partly out of or by means of any income, earnings or assets in respect of which any such law has been contravened; or

(iii) any property acquired by such person whether before or after the commencement of this Act, wholly or partly out of or by means of any income, earnings or assets the source of which cannot be proved and which cannot be shown to be attributable to any act or thing done in respect of any matter in relation to which Parliament has no power to make laws; or

(iv) any property acquired by such' person, whether before or after the commencement of this Act, for a consideration, or by any means, wholly or partly traceable to any property referred to in sub-clauses (i) to (iii) or the income or earnings from such property;

(v) any property held by or in possession of such person, whether before or after the commencement of this Act, which is disproportionate to his known lawful sources of income or for which he cannot satisfactorily account for;

and includes-

(A) any property held by such person which would have been, in relation to any previous holder thereof, illegally acquired property under this clause if such previous holder had not ceased to hold it, unless such person or any other-person who held the property at any time after such previous holder or, where there are two or more such previous holders, the last of such previous holders is or was a transferee in good faith for adequate consideration;

(B) any property acquired by such person, whether before or after the commencement of this Act, for a consideration, or by any means, wholly or partly traceable to any property falling under item (A), or the income or earnings therefrom;

Explanation 1.-If the value of illegally acquired property increases after it was acquired or if a different property or asset is acquired or created out of or with the aid of or by transfer of the illegally acquired property, all such increase in value or other property or asset so acquired or created shall be and shall be treated as illegally acquired property. If however the value of the property diminishes after it is acquired, the person concerned shall be liable to make good the diminution value.

Explanation 2.-Illegally acquired property includes property acquired or held by, or in possession of, a person to whom this Act applies, outside the territory of India.

(d) "public servant" means a person holding or who has held an office or post in the Central Government or Union Territory or in any statutory corporation, agency or company subject, to the control of the Government of India or financed wholly or partly by it and shall include-

any person who has held or is holding the office of a minister, or is or has been a member of parliament, or is holding or has held any other political office in the Central Government, or in the government or administration of a union Territory;

(e) "prescribed" means prescribed by rules made under this Act;

(f) "person" includes a public servant within the meaning of clause (c) and his/ her relative and/or associate referred to in section 2;

(g)"property" includes cash, jewellery or any article of value and any interest in property movable or immovable;

(h) "trust" includes any other legal obligation.

(2) Any reference in this Act to any law which is not in force in any area shall, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area.

(3) Any reference in this Act to any officer or authority shall, in relation to any area in which there is no officer or authority with the same designation, be construed as a reference to such officer or authority as may be specified by the Central Government or by notification in the Official Gazette.



The Corrupt Public Servants (Forfeiture of Property) Bill Back




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