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(1) Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits criminal breach of trust. Explanation 1.—A person, being an employer of an establishment whether exempted under section 17 of the Employees’ Provident Funds and Miscellaneous ProvisionsAct, 1952 or not who deducts the employee’s contribution from the wages payable to the employee for credit to a Provident Fund or Family Pension Fund established by any law for the time being in force, shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said law, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid. Explanation 2.—A person, being an employer, who deducts the employees’ contribution from the wages payable to the employee for credit to the Employees’ State Insurance Fund held and administered by the Employees’ State Insurance Corporation established under the Employees’ State Insurance Act, 1948 shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said Act, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid. Illustrations. (a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriates them to his own use. Ahas committed criminal breach of trust. Dishonest misappropriation of property possessed by deceased person at the time of his death. Criminal breach of trust. 19 of 1952. 34 of 1948. 84 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— ____________________________________________________________ _____________________________________________________________ ____________________________________________________________ ___________________________________________________________ ________________________________________________________ _____________________________________________________________ 84 THE GAZETTE OF INDIA EXTRAORDINARY [Part II- ꯂꯩꯈꯤꯗ꯭ꯔꯕꯃꯤꯑꯣꯏ ꯑꯗꯨꯅꯂꯩꯈꯤꯗ꯭ꯔꯕ ꯃꯇꯝꯗꯃꯍꯥꯛꯀꯤ ꯑꯣꯏꯈꯤꯕꯂꯟ-ꯊꯨꯝꯑꯗꯨ ꯊꯋꯣꯏꯅꯃꯐꯝ ꯈꯪꯍꯟꯗꯕ꯫ ꯀ ꯭ ꯔꯤꯃꯤꯅꯦꯜꯕ꯭ꯔꯤꯆ ꯑꯣꯐꯇ꯭ꯔꯁ ꯭ ꯠ꯫ Aꯅꯈꯪꯏꯃꯗꯨꯗꯤꯃꯤꯑꯣꯏꯑꯁꯤꯅꯃꯍꯥꯛꯄꯨꯆꯦꯛꯑꯗꯨꯀꯔꯝꯕꯃꯤꯑꯣꯏꯑꯗꯨꯒꯤꯀꯥꯟꯅꯕꯗꯂꯧꯈꯤꯕꯅꯣꯍꯥꯏꯕꯃꯤꯑꯣꯏꯑꯗꯨꯗ ꯂꯝꯖꯤꯡꯕꯌꯥꯒꯅꯤ꯫Aꯅꯃꯄꯨꯑꯗꯨꯊꯤꯗꯣꯛꯅꯕꯍꯣꯠꯅꯗꯅꯆꯦꯛꯑꯗꯨꯂꯧꯁꯤꯜꯂꯤ꯫ꯃꯍꯥꯛꯑꯁꯤꯁꯦꯛꯁꯟꯑꯁꯤꯒꯤꯃꯈꯥꯗꯃꯔꯥꯜ ꯂꯩꯕꯒꯤꯃꯔꯥꯜꯂꯩ꯫ (d) AꯅZꯅꯃꯍꯥꯛꯀꯤꯄꯔ ꯭ ꯁꯑꯗꯨꯗꯁꯦꯜꯄꯨꯊꯣꯔꯛꯄꯎꯕꯐꯪꯉꯤ꯫Aꯅꯄꯔ ꯭ ꯁꯑꯗꯨZꯇꯑꯃꯨꯛꯍꯟꯅꯄꯨꯔꯛꯅꯕ ꯋꯥꯈꯜꯂꯣꯟꯒꯂꯣꯏꯅꯅꯂꯧꯏ, ꯑꯗꯨꯕꯨꯃꯗꯨꯒꯤꯃꯇꯨꯡꯗꯃꯁꯥꯒꯤꯑꯣꯏꯅꯁꯤꯖꯤꯟꯅꯅꯕꯂꯧꯏ꯫Aꯅꯁꯦꯛꯁꯟꯑꯁꯤꯒꯤꯃꯈꯥꯗꯃꯔꯥꯜꯑꯃ ꯇꯧꯈ꯭ꯔꯦ꯫ (e) Aꯅꯁꯦꯜꯒꯂꯣꯏꯅꯅꯄꯔ ꯭ ꯁꯑꯃꯐꯪꯉꯤ, ꯃꯁꯤꯀꯅꯥꯃꯔꯤꯂꯩꯅꯩꯍꯥꯏꯕꯗꯨꯈꯪꯗꯦ; ꯃꯗꯨꯒꯤꯃꯇꯨꯡꯗꯃꯍꯥꯛꯅꯃꯁꯤZꯀꯤꯅꯤꯍꯥꯏꯕ ꯈꯪꯂꯛꯏ, ꯑꯃꯁꯨꯡꯃꯁꯥꯒꯤꯑꯣꯏꯅꯁꯤꯖꯤꯟꯅꯅꯕꯂꯧꯁꯤꯜꯂꯤ꯫A ꯑꯁꯤꯁꯦꯛꯁꯟꯑꯁꯤꯒꯤꯃꯈꯥꯗꯃꯔꯥꯜꯂꯩ꯫ (f) Aꯅꯃꯃꯜꯌꯥꯝꯕꯈꯨꯗꯣꯞꯑꯃꯐꯪꯉꯤ, ꯃꯗꯨꯀꯅꯥꯒꯤꯅꯣꯍꯥꯏꯕꯗꯨꯈꯪꯗꯦ꯫Aꯅꯃꯄꯨꯑꯗꯨꯈꯪꯗꯣꯛꯅꯕꯍꯣꯠꯅꯗꯅꯊꯨꯅꯌꯣꯜꯂꯤ꯫A ꯑꯁꯤꯁꯦꯛꯁꯟꯑꯁꯤꯒꯤꯃꯈꯥꯗꯃꯔꯥꯜꯂꯩ꯫