Amendment status not verified — confirm the current text below against the official source.
(1) 22 Where the Lokayukta or any investigating ofiicer authorized by it in this behalf. has reasons to believe. the reason for such belief to be recorded in writing, on the basis of material in his possession, that,- (a) any person is in possession of any proceeds of corruption; (b) such person is accused of having committed an offence relating to corruptiont and (c) such proceeds of oflence are likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceedings relating to confiscation of such proceeds of orfence, the Lokayukta orthe investigating officer, may, by order in writing, provisionally attach such property for a period not exceeding ninety days from the date of the order, in the manner as provided in the Second Schedule to the lncome{ax Act, '1961 and the Lokayukta and the ollicer shall be deemed to be an officer under sub-rule (e) ol rule 1 of that Schedule. The Lokayukta shall, immediately after attachment under sub- section (1), forward a copy of the order, along with the material in his possession, referred to in that sub-section, to the SpecialCourt, in a sealed envelope, in the manner as may be prescribed and such Court may extend the order ol attachment and keep such material for such period as the Court may deem fit. Every order of attachment made under sub-section (1) shall cease to have effect after the expiry of the period specified in that sub- section or after the expiry of the period as directed by the Special Court under sub-section (2). Nothing in this section shall prevent the person interested in the enjoyment ol the immovable property attached under sub-section (1) or sub-section (2), from such enjoyment. Explanation.-For the purposes of this sub-section, "person interested", in relation to any immovable property, includes all persons claiming or entitled to claim any interest in the property. 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 of the proceedings against the public servant in the Special Court. 23 (2) The Special Court may, if it is of the opinion that the property provisionally atlached had been acquired through corrupt means, make an order for confirmation of attachment of such property till the completion of the proceedings against the public servant in the Special Court. (3) llthe public servant is subsequently acquitted of the charges framed against him, the property, subjectto the orders ofthe Special Court, shallbe restored to the concerned publicservant along with benefits from such property as might have accrued during the period of attachment. (4) lf the public servant is subsequently convicted of the charges of corruption, the proceeds relatable to the olfence under the Prevention of Corruption Act, 1988 shall be confiscated and vest in the Government lree from any encumbrance or leasehold interest excluding any debt due to any bank or financial 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), (g) and (h) of section 2 ol the Recovery ol Debts Due to Banks and Financial lnstitutions Act, 1993. 31 . (1 ) Without prejudice to the provisions ol sections 29 and 30, where the Special Courl, on the basis ol prima facie evidence. has reasons to believe or is satislied that the assets, proceeds, receipts and benefits, by whatever name called, have arisen or procured by means of corruption by the public servanl, il may pass an order for the confiscation ol such assets, proceeds, recerpb and benelits till his acquittal. (2) Where an order of confiscation made under sub-section (1) is modilied or annulled by the High Court orwhere the public servant is acquitted by the Special Court, the assets, proceeds, receipb and benetits, confiscated under sub-section (l ) shall be returned to such public servant, and in case it is not possible tor any reason to return the assets, proceeds, receipts and benefits, such public servant shall be paid the price thereol including the money so confiscated with the interest from the dale of confiscation at the rate as may be prescribed. Lokayukta to recommend transler or suspension ol public servant connected with allegation ot corruption :