Chapter V MISCELLANEOUS

The Chairperson, Members, officers and other employees of the public examination authority shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this Act, to be public servants within the meaning of Bharatiya Nyaya Sanhita, 2023.

Proper upkeep of examination related documents : The Arunachal Pradesh Public Service Commission and the Arunachal Pradesh Staff Selection Board or any other authority or agency or recruitment committee or Board constituted by the State Government shall arrange proper upkeep of the examination related documents for a period of five years if there is no court case or complaint and in case the examination is challenged or complained against, till the case is finally disposed of as the same are required for proper investigation and enquiry.

Attachment and confiscation of property:

1. (1) No person shali hold or be in possession of any proceeds of any offence under this Act.
2. (2) If an officer, investigating an offence committed under this Act, has reason to believe that any property represents proceeds of any offence under this Act, he shall with the prior appYoval in writing of the State Government make an order seizing such property, movable or immovable (including land possession certificate) or both of a value approximately to the value of proceeds gained through crime, and where it is not practicable to seize such property, make an order of atachment directing that such property shall not be transferred or otherwise dealt with except with the prior permission of the officer making such crder or, as the case may be, the special Court anda copy of such order shall be seved on the person concerned.
3. (3) The investigating officer shall duiy inform the Special Court, within forty-eight hours of the seizure or attachment of such property.
4. (4) Itshall be open to the Special Court either to confirm or revoke the order of seizure or attachmnent made under sub-section (2). Provided that the Special Court shall not pass an order unless an opportunity of making representation given the person whose property is being attached.
5. (5) Where the accused has been convicted of any offence punishable under this Act, the Special Court may, in addition to awarding any punishment, by order in writing, declare that any property, movable or immovable or both belonging to the accused and specified in the order shall stand confiscated to the State Government free from all encumbrances. Explanation, -For the purpose of this section "proceeds of any offence under this Act' means allkind of properies which have been derived or obtained from commission of any offence under this Act, or have been acquired through funds traceable to any offence under this Act and shall include cash, irrespective of person in whose name such proceeds are standing or in whose possession they are found.

Liability of Management etc. to pay all cost and expenditure : If any person or Management or Institution or Limited Liability Partnership or others has been found guilty of the offence under this Act, such person or Management or Institution or Limited Liability Partnership or others shall be liable to pay cost and expenditure related to the examination, as may be determined by the State Government and such cost shall be recoverable as public demand under the provisions of Bengal Public Demands Recovery Act, 1913 as arrear of land revenue.

Constitution of High Level Enquiry Committee Constitution of High Level Enquiry Committee: In case of occurrence of malpractice in recruitment examination, the State Government, may within a reasonable time, constitute a High Level Enquiry Committee to enquire into the matter and to submit its report to

Establishment of Grievances Redressal Cell

Cases triable by Special Courts Cases triable by Special Courts: Notwithstanding anything contained in the Bharatiya Nagrik Suraksha Sanhita, 2023 (Act No. 46 of 2023) or in any other law for the time being in force, the offences specified under this Act, shall be tried by the Special Court constituted under this Act.

Constitution of Special Courts : The State Government shall, after consultation with the High Court, designate and notifty a Court not below the Court of Additional Sessions Judge, as Special Court to try the offence punishable under this Act. Provided that, if the designated Courts has to try the offence of corruption in examination, the Courts already designated to try cases under Prevention of Corruption

Act not in derogation of any other law Act not in derogation of any other law: The provisions of this Act, shall be in addition to and not in derogation of the provisions of any other law for the time being in force. Provided that the provisions of this Act, shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having efect by virtue of any such law in force.

Power to remove difficulties-

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, published in Official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to be necessary for removing the difficulties.
2. (2) Every order made under this section shall be laid, as soon as may be after it is made, before the State Legislative Assembly.

Power to make rules,:

1. (1) The State Government, by notification to be published in the Official Gazette, may make rules for carrying out the purposes of this Act.
2. (2) All rules made under this Act, shal be laid, as soon as may be after they are so made, before the State Legislature, while it is in session.