section 25
Confirmation of attachment of assets
The Himachal Pradesh Lokayukta (Amendment) Act, 2021General201458 sections
Statutory text
- (1) The Lokayukta, when he finally attaches any property under sub-section
- (1) of section 24, shall, within a period of thirty days of such attachment, direct its Prosecution Wing to file an application before the Special Court stating the facts of such attachment and praying for confirmation of attachment of the property until the completion of the proceedings against the public servant in the Special Court.
- (2) The Special Court, if it is of the opinion that the property finally attached has been acquired by corrupt means, may make an order for confirmation of attachment of such property until the completion of the proceedings against the public servant in the Special Court.
- (3) If the public servant is subsequently exonerated of the charges framed against him, the property shall, subject to the orders of the Special Court, be restored to the concerned public servant along with the benefits from such property that may have accrued during the period of attachment.
- (4) If the public servant is subsequently convicted for the charges of corruption, the proceeds related to the offence under the Prevention of Corruption Act, 1988 (49 of 1988) or Himachal Pradesh Prevention of Corruption Act, 1983 (51 of 1983) shall be confiscated and they shall vest absolutely in the Central Government free from all encumbrances or leasehold interest, excluding any debt due to any bank or financial institution. Explanation.—For the purposes of this sub-section, the terms "bank", "debt" and "financial institution" shall have the same meaning as assigned to them under clauses (d),
- (f) and
- (j) of section 2 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993.
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