Amendment status not verified — confirm the current text below against the official source.
Deputy Superintendent of Police or Assistant Commissioner of Police shall investigate any offence committed under this Act. (2) Notwithstanding anything contained in sub-section (1), the State Government shall have the powers to refer the investigation to any State or Central Investigating Agencies. CHAPTER -V MISCELLANEOUS The Chairperson, Members, officers and other employees of the public examination authority shall be deemed, when acting or purporting to actin pursuance of any of the provisions of this Act, to be public servants within the meaning of Bharatiya Nyaya Sanhita, 2023. No suit, prosecution or other legal proceedings under this Act, shall lie against any public servant, in respect of anything which is done in good faith or intended to be done in the discharge of his official functions or in exercise of his powers: Provided that the public servant, in the service of any public examination authority shall be subject to administrative action in terms of service rules of such public examination authority. Provided further that nothing shall prevent proceeding against such public servants where, prima-facie case exists for establishing commission of an offence under this Act. 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) No person shall hold or be in possession of any proceeds of any offence under this Act. (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 approval 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 attachment 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 and a copy of such order shall be served on the person concerned. (3) The investigating officer shall duiy inform the Speciai Court, within forty- eight hours of the seizure or attachment of such property. (4) Itshall be open to the Special Court either to confirm or revoke the order of seizure or attachment made under sub-section (2). Provided that the Special Court shall not pass an order unless an opportunity of making representation is given to the person whose property is being attached. (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 all kind of properties 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 >osi 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 4f Bengal Public Demands Recovery Act, 1913 as arrear of land revenue. Provided that such person or Management or Institution or Limited Liability Partnership or others shall be barred and the State Government shall also initiate criminal proceedings under this Act, or any other law for the time being in force. The Arunachal Pradesh Extraordinary Gazette, August 7, 2024