Punishment for drawing salary for the period of unauthorised absence from duty

Whoever, being an officer intentionally draws, himself or by suppression of facts or otherwise, misrepresenting the facts relating to his absence permits or induces the drawing and disbursing officer to draw and disburse the salary to him for the period of his deliberate unauthorised absence from duty unless the same is regularised by grant of permission or sanction of leave with pay and thereby cheats the Government shall be punished with imprisonment of either description which may extend to one year or with fine or both. The provisions of this chapter shall prevail notwithstanding anything contained in the Criminal Law Amendment Ordinance, 1944 (No. XXXVIII of 1944). (1) Notwithstanding anything contained in clause (e) of sub-section (1) of section 5 of the Prevention of Corruption Act, 1947 (No. 2 of 1947) whoever, being an officer, acquires or holds property for which he cannot satisfactorily account for or which is disproportionate to his known sources of income, commits an offence of acquisition of property by illegal means. (2) Whoever commits an offence of acquisition of property by illegal means shall be punishable with imprisonment for a term which shall not be less than one year but which may to extend to seven years and shall also be liable to fine which may extend to the value of the property in excess of his known sources of income: Provided that the court may, for any special reason to be recorded in writing impose a sentence of imprisonment of less than one year. (1) If the District Magistrate has reason to believe that any officer holds property for which he cannot satisfactorily account for he may make a declaration to that effect and order for attachment of the said property: Provided that: (i) no declaration shall be made; or (ii) no attachment of the property shall be ordered, without obtaining the concurrence therefor of the Advisory Committee appointed by the State Government for the purpose: Provided further that no order under this sub-section shall be made without giving the officer the reasonable opportunity of being heard and adducing the documentary evidence and evidence on affidavit in his defence. (2) On attachment of the property under sub-section (1), the provisions of the Code of Criminal Procedure, 1973 (No. 2 of 1974) shall apply thereto. (3) Notwithstanding the provisions of the Code of Criminal Procedure, 1973 (No. 2 of 1974) the District Magistrate may, in lieu of surety, appoint an administrator who shall have all the powers to administer the property as he deems fit, in the best interest of the property. (4) The District Magistrate may provide police help to the Administrator for proper and effective administration of the property. (5) The expenses incurred on the administration of the property, including on the assistance by the police, shall be a charge on the property. (1) When the property is attached under section 36-C the owner thereof may, within three months of the date of knowledge of attachment make a representation to the District Magistrate, showing the circumstances and the means by which the property was acquired by him. (2) If the District Magistrate is satisfied with the representation, he may forthwith release the property from attachment and thereupon the property alongwith mesne profits after deduction all expenses charged on the property shall vest in the owner thereof. (1) If the District Magistrate is not satisfied with the representation made under sub-section (1) of section 36-D he shall send the matter with his report to the District Judge within the limits of whose jurisdiction the property is situate for deciding whether the property should remain attached. (2) On receipt of the report from the District Magistrate under sub-section (1), the District Judge shall issue a notice to the person whose property is attached under sub-section (1) of section 36-C, calling upon him to show cause on a day to be specified in the notice why the property should not remain attached till the date of the termination of the criminal proceedings. (3) The District Judge shall also issue notices to all persons represented to him as having or being likely to claim, any interest or title in the property of the person to whom notice is issued under sub-section (2), calling upon each such person to appear on the same date as that specified in the notice under sub-section (1) and make objection, if he so desires, to the attachment of the property or any portion thereof on the ground that he has an interest in such property or portion thereof. (4) Any other person claiming an interest in the attached property or any portion thereof may, notwithstanding that no notice has been served upon him under this section, make an objection as aforesaid to the District Judge at any time before an order is passed under sub-section (1) or sub-section (3), as the case may be, of section 36-F. (1) If no cause is shown and no objections are made under section 36-E on or before the specified date the District Judge shall forthwith pass an order to the effect that the property shall remain attached till the termination of the criminal proceedings. (2) If cause is shown or any objections are made as aforesaid, the District Judge shall proceed to investigate the same, and in so doing, as regards the examination of the parties and in all other respects he shall, subject to the provisions of this Act, follow the procedure and exercise all the powers of a court in hearing a suit under the Code of Civil Procedure, 1908 (No. V of 1908), and any person making an objection under section 36-E shall be required to adduce evidence to show that at the date of the attachment he had some interest in the property attached. (3) After investigation under sub-section (2), the District Judge shall either pass an order to the effect that property shall remain attached till the date of the termination of the criminal proceedings or vary the order of the District Magistrate by releasing a portion of the property from attachment or withdraw the said order. Explanation.—For the purposes of this section and section 36-H the date of the termination of the criminal proceedings shall be deemed to be— (a) where such proceedings are taken to the High Court, whether in appeal or revision, the date on which the High Court passes its final order in such appeal or revision; or (b) where such proceedings are not taken to the High Court, the day immediately following the expiry of sixty days from the date of the last judgment or order of a criminal court in the proceedings. (1) Where before judgment is pronounced in any criminal trial for the offence under section 36-B it is represented to the court that an order of attachment of property has been passed under this Act, in connection with such offence, the court shall, if it is convicting the accused, record a finding as to the amount of money or value of other property procured by the accused by means of the offence. (2) In any appeal or revisional proceedings against such conviction, the appellate or revisional court shall, unless it sets aside the conviction, either confirm such finding or modify it in such manner as it thinks proper. (3) In any appeal or revisional proceedings against an order of acquittal passed in a trial such as is referred to in sub-section (1), the appellate or revisional court, if it convicts the accused, shall record a finding such as is referred to in that sub-section. (1) Upon the termination of any criminal proceedings for the offence in respect of which any order of attachment of property has been made under this Act or security given in lieu thereof, the District Magistrate shall, without delay, inform the District Judge, and shall where criminal proceedings have been taken in any Court, furnish the District Judge with a copy of the judgment or order of the trying Court and with copies of the judgments or orders, if any, of the appellate or revisional Court thereon. (2) Where it is reported to the District Judge under sub-section (1) that cognizance of the alleged offence under section 36-B has not been taken or where the final judgment or order of the criminal court is one of acquittal the District Judge shall forthwith withdraw any orders of attachment of property made in connection with the offence or where security has been given in lieu of such attachment, order such security to be returned. (3) Where the final judgment or order of the criminal court is one of conviction the District Judge shall order that, from the property of the convicted person attached under this Act or out of the security given in lieu of such attachment, there shall be forfeited to the state such amount or value as is found in the final judgment or order of the criminal courts in pursuance of section 36-G to have been procured by the convicted person by means of the offence together with the costs of attachment as determined by the District Judge; and where the final judgment or order of the criminal courts has imposed or upheld a sentence of fine on the said person (whether alone or in conjunction with any other punishment), the District Judge may order, without prejudice to any other mode of recovery, that the said fine shall be recovered from the residue of the said attached property or of the security given in lieu of attachment. An appeal shall lie to the High Court against every decision of the Court made under section 36-F. The order passed or the decision made under this Chapter shall not be appealable except as provided therein and no other civil court shall have jurisdiction in respect of any matter which the Court is empowered by or under this Chapter to determine and no injunction or interlocutory order. Explanation.-For the purposes of this section and section 36-H the date of the termination of the criminal proceedings shall be deemed to be-(a) where such proceedings are taken to the High Court, whether in appeal or revision, the date on which the High Court passes its final order in such appeal or revision; or (b) where such proceedings are not taken to the High Court, the day immediately following the expiry of sixty days from the date of the last judgment or order of a criminal court in the proceedings. (1) Where before judgment is pronounced in any criminal trial for the offence under section 36-B it is represented to the court that an order of attachment of property has been passed under this Act in connection with such offence, the court shall, if it is convicting the accused, record a finding as to the amount of money or value of other property procured by the accused by means of the offence. (2) In any appeal or revisional proceedings against such conviction, the appellate or revisional court shall, unless it sets aside the conviction, either confirm such finding or modify it in such manner as it thinks proper. (3) In any appeal or revisional proceedings against an order of acquittal passed in a trial such as is referred to in sub-section (1), the appellate or revisional court, if it convicts the accused, shall record a finding such as is referred to in that sub-section.