Amendment status not verified — confirm the current text below against the official source.
punisllment for manipulation of transfers.-'--Whoever, being in the service of the State or of a public undertaking, secures or attempts to secure,his transfer or cancellation 0 tra:Usfer or p.)sting Or p£,o:notion otherwise than by representing or approaching through the normal official Or prescrib~d channels, or b~fore he has unSUCCessfullYexhaused all such cha- nnels, barring exceptiOaally hard ande!11~rgen t cas,es requiring immediateattention or relief, shall be punished with imprisonment of ejth~r dtscription which may extend to six months Or with fiI!e Or both. Explanation.-No aid rendered in good faith in an exceptionally hard and emergent , case requiring immediate attention and relief to a person in the service of ~he As per Notification No. 159-83-X-I published in M. P. Rajpatra (Asadharan) dt. 7-1-1983 at p. 7, following essential commodities have been specified for the purposes of Chapter IX of this Act :.- (1) Sugar, (2) Wheat, (3) Rice, (4) Edible oil (5) Kerosene (6) Petrol (7) Diesel (8) Controlled cloth and (9) Cement (Levy). , ~ .._-~~~ .. -~' ..-. , '~ " .I 102 state oro( a pubiic. under taking ~n the nl? tter of such transfer 0:- cance!1ation of transfer or po~tmg or pi'cmotJOJl shall amount tv abetruellt of the offence under this secti~r. within the meaning of section 10'/ of the Indian Penal Code 1860 (No 45 of 1860). , 36.Pllnishment for drawing salary for the period (If qnauthorised absence from dqty.-Wboever, being all officer intentionally draws, himself or by Suppression of facts or otherwise, misrepresenting the fa,cts relating to his a bsence permits Or induces the drawing and disbursing officer to draw and 9.isburse the salary to him for the period of his deli bera te una uthorised absen cefrom duty unless the same is regularised by gran t of PCTmissiOn or sanction of leave with pay and thereby cheats the Government shall be punisb_ed with imprisonment of either description which may extend toone year or with fine or both. 1 CHAPTER X-(A)-OFFENCES RELATING TO ACQUISITION OF PROPERTY BY ILLEGAL MEANS. 36 (A). Chapter to have overriding efCect.-Tne provisions of this chapter shall prevail notwithstanding anythIng contained in the Criminal Law Amendment Ordinance, 1944 (No. XXXVIII of 1944). _ , , 36 (B). Offence of acqqistion of proqerty by illegal means.-(I) Not with standing anything contained in clause (e) of sub- sectio:J. (1) of section 5 of the Prevention ofCorrup_ ti()n Act, 1~47 (No.2 of 1947) wll0ever, being an officer, acquires or hOlds propery for which he C.1ilnot s1.tisfactorily accc>unt for or which is disproportionate to his known sources ofincome,cammjts an offence of acquisition of property by illegal means.- (2) Whoever -;commits an offence of acquisition of property by illegal means shall be puuishale with imprisonment for a term which shall not be less than one year but which may to extend to seven years and shalla Iso 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. - 36 (C). Attach me,nt of ptoperty.-(I) If the Di~trict 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 deelaration 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 Governmentfor the purpose : Pr,ovided 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 aU th; p~wers to adm~nister the property as he deems fit, in the best interest of the property. t· Inserted vide the M. P. Vinirdishta B:lrashta Achatan Nivaran (Sanshodhan) Adhiniyam, 1984 (Nit. 50 of1984), published in M.l>. Rajpatra (Asadharan) dt. 20th November. 1984 at p.P. 3170 to 3173. }, i , , !4 and ef (5 stance I 36 36-C tt 'Imake a \y w:; ~elease after de ( ,II, 36 1) If i~on (1) 'f - tlb limit \~ . r~maill , II (2) triet Jud~ 1 • OfS0;;tio~ 'I property _ j i , (3) ?r!being 1 ISSued un, • ,I _ th~t spec; ,att<)lchmer such prop II, (4) " thereof ill, 'I maKe an 0 unctbrsub 136 .(I no Clause IS date,\ the D re-main att« !I t2) If procged to i and ill all 0, and ds..ercisC' 1908~rNo. rcq uired to , . h11 ill t, e prope it(B} Af or.de~litothe CfImlllal pro h 'I t e propertv' I . , ".><'., ,~--" - .•......~~-- I ,- -'it,;.t.,- --~. (3) After investigation under sub-section (2), the District Judge shall either pass an order to the effect that property shall remain att~he,d til,l th~ date of the te:minaton ~f the criminal proceedings or vary the ?rder of the ~lS~f1ct Magistrate by releasmg a ' porbon or the property from attachment or WIthdraw the saId order. (2) Ifcause is shown Or any ob~ectons ~re made as aforesaid, .the ,district Judge sh~lI proceed to investigate the same, and ~n so dOIng, as ~e~ards the. examl natIon of the partIes and in all other respects he shall, subJe~t to th~ provlS1?nSof thIS Act, follow ,t~e procedure and exercise all the powers of a court III hearmg a SUl.tu1!der the Code <?f CIVil Procedure, 1908 (No. V of 1908), and any person making an ObJecnon under sectlOn 36-E shalI be required to adduce evidence to show that at the date of the attachment he had &Orneinterest in the property attached. , 36 (F). Investigation ~y District Judge of ~bjections to atta~h ment ..,........(I).If no cause is shown and no objectIOns are made under sectIOn 36-E 0::J. or be-lore the specIfied date the District Judge shall forthwith pass an order to the effect that the property shall rem~in attached till the termimnion or the criminal proceedings, (2) on rec'~ipt of the f'::p0[~from tile District MagIstrate under sub-section 0), the Dis~ trict Judge shall issue a notice to the person whose pr0perty is attached under sub-section (1) ofsi'Jctio~ 36-C, c~tlling upon him to show cause on a day to be specified in the notice why the property should not remab attached till the date of the termination of the criminal proceedings. 36 (E), Reference by District Magistrate to District J udg.e i'ncertain cases.- (1) If the District Magistrate is not satisfied with the representation made under sub-sec- tion (1) of section 36-D he shall send thc matter with his report to the District Judge within th·~li~its of whose jurisdiction the property is situate for deciding whether the property should l'emam attached, .' (4) Any other person claiming an interest in the attC'.ched property or ar,y portion thereof may, notwithstanding that no notice has been served .upon him under this section, make an objectioh as aforesaid to the District Judge at any tIme before an Older is passed under sub·section (1) or sub-section (3), as the caSe may be, of section 36-F. , 36 (D). Release ~f property.-(l) When the property is attached under section 36-C the owner there of mJ.Y, within three months of the date of knowledge of attachment make ,a representation to the District Magis.trate, showing the circumstances and the mean~ by which the property was acquired by him, ' , , , .. (5) The ex?enseS incurred Oil the administ,'ation of the property, including on the ass. stance by the police, sha!l be a charge on the property. (2) If the District· Magistrate is satisfi ~d with the repres.~ntatici;], he may forthwith release the property from attachment and (her~upon the property alongwith 'mesne profits after deduction all expenses charged 0:1 the property shall vest in the owner thereof. 103 (4) :rhe D:s!ri,ct M!lgistarate may pw\'ide polict: help to the Adn~inistrator for prope r and eff~dw~ 41ml!1lStratlOn of the property. ' , (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. I .-J_~__ ----- I I ;-'~' 104 , . Explana~ion.~For th~ purposes of this section and section 36-H the date of the termina. tlOn of the CflmlUal proc~~dii1g8shall be deemed to be- (a) "wh.eresuch proceeding~ are taken to the High Court, whether in appeal or revi. SIO~',the de.te on which the High Court passes its final order in such appeal or revIsion; or ' (b) where ~uch procee~ings ~re not taken to the High' Court, the day immediately folloWI~g.the expIry of SIxty days from the date of the last 'Judgment or order of a ~rImlnal court in the proceedings.