section 30
Confirmation of attachment
The Arunachal Pradesh Lokayukta Act, 2014General201460 sections14 chapters
Chapter VIII POWERS OF THE LOKAYUKTA
Statutory text
- (1) The Lokayukta, when it provisionally attaches any property under sub-section
- (1) of section 29 shall, within a period of thirty days of such attachment, direct its prosecution wing to file an application stating the facts of such attachment before the Special Court and make a prayer for confirmation of attachment of the property till completion ofthe proceedings against the public servant in the Special Court.
- (2) The Special Court may, if it is ofthe opinion that the property provisionally attached had been acquired through corrupt means, make an order for confirmation of attachment ofsuch propertytjllthe completion ofthe proceedings against the public servant in the Special Court.
- (3) Ifthe public servant is subsequently acquitted ofthe charges framed against him, the property, subject to the orders ofthe Special Court, shall be restored to the concerned public servant along wilh benefits from such property as might have accrued during the period ofattachment.
- (4) If the public servant ii subsequently convicted ofthe charges ofconuption, the proceeds relatable to lhe offence under the Prevention of Comr ption Act, 1988 shall be confiscated and vest in the Government free from any encumbrance or leasehold interesl excluding any debt due to any bank or financaal institution. Explanation. -For the purposes of this sub-section, the expressions "Bank,,, "debt, and 'financial institution" shall have the meanings respectively assigned to them in clauses (d),
- (9) and (h) of section 2 of the Recovery of Debts Due to Banks and Financial lnstitutions Act. 1993.
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