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Report No. 50

12. Amendment recommended in 42nd Report.-

In the draft section recommended in the previous Commission's Report on the Penal Code,1 an attempt had been made to make several improvements in the present definition; but the problem with which this report is concerned, would survive even under the revised definition given in that Report. Broadly speaking, the principal criteria regarded as relevant for the purposes of the revised definition of "public servant" are:-

(a) being in the service or pay of the Government,2 a local authority,3 a public corporation, or a Government company4;

(b) being remunerated by the Government by fees or commission for the performance of any public duty5;

(c) holding certain offices, which may be legislative,6 sub-legislative7 judicial8 (or ancillary to judicial)9 (or electoral)10;

(d) holding an office authorising or requiring the office holder by law to perform a public duty.11

1. 42nd Report.

2. 42nd Report.

3. 42nd Report.

4. 42nd Report.

5. 42nd Report.

6. 42nd Report.

7. 42nd Report.

8. 42nd Report.

9. 42nd Report.

10. 42nd Report.

11. 42nd Report.



The Proposal to included Persons connected with Public Examinations within the Definition of Back




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