section 3
Definition of corruption
The Kerala Public Men’s Corruption (Investigations and Inquiries) Act, 1987General198734 sections
Statutory text
-1 3. Definition of corruption.—Whoever being a public man—
- (a) accepts or obtains from any person for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person or for rendering any service or disservice to any person, with the Government or any Board, Authority, Body, Corporation, Company or Society referred to in sub-clauses (iii), (iv),
- (v) and (vi) of clause (j) of section 2 or with any public man or public servant as such; or
- (b) accepts or obtains from any person for himself or for any other person, any gratification whatever as a motive or reward for inducing, by corrupt or illegal means or by the exercise of personal influence, any public man or public servant to do or to forbear to do any official act, or in the exercise of the official functions of such public man or public servant, to show favour or disfavour to any person or to render any service or disservice to any person, with the Government or any Board, Authority, Body, Corporation, Company or Society referred to in sub-clauses (iii), (iv),
- (v) and (vi) of clause (j) of section 2 or with any public man or public servant as such; or
- (c) by corrupt or illegal means or by otherwise abusing his position as a public man obtains for himself or for any other person any valuable thing or pecuniary advantage; or
- (d) abusing his position as a public man willfully does any act in contravention of any provision of any law for the time being in force intending to show undue favour or cause injury to any person; or
- (e) accepts or obtains for himself or for any other person, any valuable thing without consideration or for a consideration which he knows to be inadequate from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by such public man or having any connection with the official functions of himself or of any public servant or from any person whom he knows to be interested in or related to the person so concerned; or
- (f) himself, or any member of his family or any other person on his behalf is in possession, or has at anytime during the period of his office, been in possession, for which the public man cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income; or
- (g) abusing his position as a public man shows any act of favouritism or nepotism in the discharge of his official functions by obtaining any monetary gain for himself or for his family, is said to commit corruption. Explanation I.— The word “gratification” means pecuniary gratification and gratification estimable in money. Explanation II.— The word “law” includes any Ordinance, bye-law, rule, regulation or notification. Explanation III.— The words “legal remuneration” are not restricted to remuneration which a public man can lawfully demand, but include all remuneration which is lawfully permissible. Explanation IV.— A person who receives a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, comes within the expression “a motive or reward for doing”.
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