THE PREVENTION OF CORRUPTION ACT, 2006 (1949 A. D.

(Act No. XIII of 2006.)

[Promulgated by Shree Yuvraj under section 5 of the Jammu and Kashmir

Constitution Act, 1996 and published in the Government Gazette date 25th Maghar,
2006.]

An Act for more effective prevention of bribery and corruption.

Whereas it is expedient to make more effective provisions for the prevention of

bribery and corruption in the State.

Now, therefore, in exercise of the powers reserved under section 5 of the Jammu
and Kashmir Constitution Act, 1996, read with the Proclamation issued by His Highness
and published in the extraordinary issue of the Government Gazette dated 7th Har,2006,
Yuvraj Shree Karan Singh Ji Bahadur is pleased to enact as follows: -

1. Short title, extent and commencement. (1) This Act may be called the
Prevention of Corruption Act, 2006.

(2) It extends to the whole of the Jammu and Kashmir State and it applies 1[also] to
State Subjects and servants of the State wherever they may be.

(3) It shall come into force from the date it is published in the Government Gazette.

2
[2. Interpretion.- (1) In this Act, unless the context otherwise requires,-

(a) “Designated Authority” shall mean such officer of the Government not
below the rank of Secretary to Government, as may be specified by the
Government by notification in the Government Gazette;

3
[(aa) “Director” shall mean the Director of Vigilance appointed under section 22
of the Jammu and Kashmir State Vigilance Commission Act, 2011;]

(b) “property” shall mean property and assets of every description, whether
corporeal or incorporeal, moveable or immovable, tangible or intangible
and deeds and instruments evidencing title to, or interest in, such property
or assets and includes bank account and proceeds of such property and
assets;

(c) “Vigilance Organization” shall mean the Vigilance Organization

established under sub-section (1) of section 10.

(2) For the purpose of this Act the expression “public servant” means a public
servant as defined in Section 21 of the State Ranbir Penal Code and shall include,-

1
Inserted by Act XXII of 1958 w.e.f. 18-02-1958.
2
Existing section 2 renumbered as sub-section (2) and sub-section (1) inserted by Act I of
2006 w.e.f. 4th January, 2006.
3
Clause (aa) inserted by Act I of 2011, s. 23.
 (a) a person who is or has been a member of either House of State Legislature or
a member (including Minister of State) of the Council of Ministers;

(b) every person who is or has been under the employment of Government
whether on permanent, temporary or work-charge basis;

(c) every officer, servant or member (by whatever name called) of a Corporation
or of a corporate or other body which is established by or under an Act of the
State Legislature or of Parliament in force in the State.]

1
[(3) Words and expressions used herein and not defined but defined in the Jammu
and Kashmir State Vigilance Commission Act, 2011, shall have the meanings,
respectively, assigned to them in that Act.]

2
[2–A. Omitted].

3
[3. Offences to be cognizable and non-bailable. — Notwithstanding anything to
the contrary in the Code of Criminal Procedure all offences punishable under this Act
shall be cognizable and non-bailable:

Provided that no Police Officer below the rank of the Deputy Superintendent of
Police shall investigate any such offence without the order of a Magistrate of the First
Class or make any arrest therefor without a warrant:

Provided further that if an officer of the Vigilance Organization of and above the
rank of a Sub-Inspector of Police is specially authorized in writing by an officer of the
Vigilance Organization not below the rank of an Assistant Superintendent of Police to
investigate such offence, such officer may investigate the offence so specified in the order
of authorization. But such officer shall not be competent to arrest any person during such
investigation unless a Police Officer not below the rank of a Deputy Superintendent of
Police authorizes such arrest under section 56 of the Code of Criminal Procedure, Samvat
1989.]

4. Presumption where public servant accepts gratification other than legal

remuneration. — 4[(1) Where in any trial of an offence punishable under 5[section 4-A
or section 4-E of this Act] 6[or an offence referred to in clause (a) or clause (b) of sub-
section (1) of section 5 of this Act punishable under sub-section (2) thereof] it is proved
that an accused person has accepted or obtained, or has agreed to accept or attempted to
obtain, for himself or for any other person, any gratification (other than legal
remuneration) or any valuable thing from any person, it shall be presumed unless the
contrary is proved that he accepted or obtained, or agreed to accept or attempted to obtain,
that gratification or that valuable thing, as the case may be, as a motive or reward such as

1
Sub-section (3) inserted by Act I of 2011, s. 23.
2
Omitted by Act IX of 1983, s. 4.
3
Section 3 substituted by Act VIII of 2014, s. 2. For earlier amendment see Act IX of
1983, s. 5.
4
Section 4 renumbered as sub-section (1) and sub-sections (2) and (3) inserted by Act II
of 1958.
5
Substituted for “section 161 or section 165 of the Ranbir Penal Code, 1989” by Act VIII
of 2014, s. 3.
6
Inserted by Act IX of 1983, s.6.
is 1[mentioned in the said section 4-A], or, as the case may be, without consideration or
for a consideration which he knows to be inadequate.

2
[x x x x]

(2) Where in any trial of an offence punishable under 3[section 4-F or 4-H of this
Act] it is proved that any gratification (other than legal remuneration) or any valuable
thing has been given or offered to be given or attempted to be given by an accused
person, it shall be presumed, unless the contrary is proved, that he gave or offered to give
or attempted to give that gratification or that valuable thing, as the case may be, as a
motive or reward such as is mentioned in 6[section 4-A of this Act], or, as the case may,
without consideration or for a consideration which he knows to be inadequate.

(3) Notwithstanding anything contained in sub-sections (1) and (2), the Court may
decline to draw the presumption referred to in either of the said sub-sections, if the
gratification or thing aforesaid is in its opinion, so trivial that no inference of corruption
may fairly be drawn.]

4
[4-A. Public servant taking gratification other than legal remuneration in
respect of an official act. – Whoever, being, or expected to be a public servant, accepts
or obtains or agrees to accept or attempts to obtain from any person, for himself or for any
other person, any gratification whatever, other than legal remuneration, as a motive or
reward for doing or forbearing to do any official act or for showing or forbearing to show,
in the exercise of his official functions, favour or disfavour to any person or for rendering
or attempting to render any service or disservice to any person, with the Government or
the State Legislature or with any local authority, Corporation or corporate body referred
to in clause (c) of section 2, or with any public servant, shall be punishable with
imprisonment which shall be not less than one year but which may extend to five years
and shall also be liable to fine.

Explanations:- (a) “Expecting to be a public servant” if a person not expecting to be in

office obtains a gratification by deceiving others into a belief that
he is about to be in office, and that he will then serve them, he may
be guilty of cheating, but he is not guilty of the offence defined in
this section.

(b) “Gratification” the word “gratification” is not restricted to

pecuniary gratifications or to gratifications estimable in money.

(c) “Legal remuneration” the words “legal remuneration” are not

restricted to remuneration which a public servant can lawfully
demand, but include all remuneration which he is permitted by the
Government or the organisation, which he serves, to accept.

(d) “A motive or reward for doing” a person who receives a

gratification as a motive or reward for doing what he does not

1
Substituted by Act VIII of 2014, s. 3.
2
Proviso omitted by Act II of 1958.
3
Substituted by Act VIII of 2014, s. 3.
4
Sections 4-A to 4-H inserted by Act VIII of 2014, s. 4.
 intend or is not in a position to do, or has not done, comes within
this expression.

(e) Where a public servant induces a person erroneously to believe

that his influence with the Government has obtained a title for
that person and thus induces that person to give the public
servant, money or any other gratification as a reward for this
service, the public servant has committed an offence under this
section.

4-B. Taking gratification, in order, by corrupt or illegal means, to influence

public servant. – Whoever accepts or obtains, or agrees to accept, or attempts to obtain,
from any person, for himself or for any other person, any gratification whatever as a
motive or reward for inducing, by corrupt or illegal means, any public servant, whether
named or otherwise, to do or to forbear to do any official act, or in the exercise of the
official functions of such public servant to show favour or disfavour to any person, or to
render or attempt to render any service or disservice to any person with the Government
or the State Legislature or with any local authority, Corporation or corporate body
referred to in clause (c) of section 2 or with any public servant, whether named or
otherwise, shall be punishable with imprisonment for a term which shall be not less than
one year but which may extend to five years and shall also be liable to fine.

4-C. Taking gratification, for exercise of personal influence with public

servant. – Whoever accepts or obtains or agrees to accept, or attempts to obtain, from any
person, for himself or for any other person, any gratification whatever, as a motive or
reward for inducing, by the exercise of personal influence, any public servant, whether
named or otherwise to do or to forbear to do any official act, or in the exercise of the
official functions of such public servant to show favour or disfavour to any person, or to
render or attempt to render any service or disservice to any person with the Government
or the State Legislature or with any local authority, Corporation or corporate body
referred to in clause (c) of section 2 or with any public servant, whether named or
otherwise, shall be punishable with imprisonment for a term which shall be not less than
one year but which may extend to five years and shall also be liable to fine.

4-D. Punishment for abetment by public servant of offences defined in section

4-B or 4-C. – Whoever, being a public servant, in respect of whom either of the offences
defined in section 4-B or section 4-C is committed, abets the offence, whether or not that
offence is committed in consequence of that abetment, shall be punishable with
imprisonment for a term which shall be not less than one year but which may extend to
five years and shall also be liable to fine.

4-E. Public servant obtaining valuable thing, without consideration from

person concerned in proceeding, or business transacted by such public servant. –
Whoever, being a public servant, accepts or obtains, or agrees to accept or attempts to
obtain for himself, or for any other person, any valuable thing without consideration, or
for consideration which he knows to be inadequate, from any person whom he knows to
have been, or to be, or to be likely to be concerned in any proceeding or business
transacted or about to be transacted by such public servant, or having any connection with
the official functions of himself or of any public servant to whom he is subordinate, or
from any person whom he knows to be interested in or related to the person so concerned,
shall be punishable with imprisonment for a term which shall be not less than one year
but which may extend to five years and shall also be liable to fine.
 4-F. Punishment for abetment of offences defined in section 4-A or 4-E. –
Whoever abets any offence punishable under section 4-A or section 4-E, whether or not
that offence is committed in consequence of that abetment, shall be punishable with
imprisonment for a term which shall be not less than one year but which may extend to
five years and shall also be liable to fine.

4-G. Habitual committing of offence under sections 4-B, 4-C and section 4-F. –
Whoever habitually commits-

(a) an offence punishable under section 4-B or section 4-C ; or

(b) an offence punishable under section 4-F, shall be punishable with imprisonment
for a term which shall be not less than two years but which may extend to
seven years and shall also be liable to fine.

4-H. Public servant knowingly authorizing payment in respect of contracts for

execution of a work or supply of goods when the work done or goods supplied is not
in accordance with the contract. – Whoever, being a public servant competent to
authorize payment on behalf of the Government or other public authority in respect of any
contract for the supply of any goods or services or the execution of any work, authorizes
such payment knowingly,-

(a) in the case of a contract for supply of goods and services, that the contractor
has supplied goods or services which are less in quantity than, or inferior in
quality to those he contracted to supply or which are, in any manner,
whatever, not in accordance with the contract ; or

(b) in the case of contract for execution of any work, that the contractor has used
materials, which are less in quantity than, or inferior in quality to those he,
contracted to use, or which are, in any manner whatever, not in accordance
with the contract, shall in the absence of lawful excuse the burden of proving
which shall be on him, be punished with imprisonment of either description
which may extend to five years, and shall also be liable to fine.

Explanations:- In this section ‘public authority’ means-

(a) a corporation established by or under a Central or State Act ;

(b) a Government company as defined in section 617 of the Companies Act,

1956; and

(c) a local authority].

1
[5. Criminal misconduct. — (1) A public servant is said to commit the offence of
criminal misconduct —

(a) if he habitually accepts or obtains or agrees to accept or attempts to obtain

from any person for himself or for any other person, any gratification (other
than legal remuneration) as a motive or reward such as is mentioned in
section 161 of the State Ranbir Penal Code, Samvat 1989; or

1
Substituted by Act IX of 1983, s.7.
 (b) if he habitually accepts or obtains or agrees to accept or attempts to obtain for
himself or for any other person, any valuable thing without Consideration or
for a consideration which he knows to be inadequate, from any person whom
he knows lo have been, or to be or to be likely lo be concerned in any
proceeding or business transacted or about to be transacted by him or having
any connection with the official functions of himself or of any public servant
to whom he is subordinate, or from any person whom he knows to be
interested in or related to the persons so concerned; or

(c) if he dishonestly or fraudulently misappropriates or otherwise converts for his

own use any property entrusted to him or under his control as a public servant
or allows any other person so lo do; or

(d) if he, by corrupt or illegal means or by otherwise abusing his position as

public servant, obtains for himself or for any other person any valuable thing
or pecuniary advantage; or

(e) if he or any person on his behalf is in possession or has, at any time during
the period of his office, been in possession, for which the public servant
cannot satisfactorily account, of pecuniary resources or property
disproportionate to his known sources of income.

1
[x x x x].

2
[Explanation:- For the purposes of this section, “known sources of income” means
income received from any lawful source when such receipt has been
intimated in accordance with the provisions of any law, rules or orders
for the time being applicable to a public servant].

3
[(1-A) Notwithstanding anything contained in sub-section (1), a member of
medical or para-medical staff of the Sher-i-Kashmir Institute of Medical Sciences,
Srinagar shall be deemed to have committed the offence of criminal misconduct if he
resorts to private practice in any form or manner. The Government shall be competent
to notify any other Institute or College for purposes of this section.]

4
[(2) Any public servant who commits any offence of criminal misconduct as
referred to in clauses (a), (b) and (e) of sub-section (1), shall be punishable with
imprisonment for a term which shall not be less than 2 years but which may extend to
seven years and shall also be liable to fine and if he commits criminal misconduct as
referred to in clauses (c) and (d) of sub-section (1) shall be punishable with
imprisonment for a term which shall not be less than one year but which may extend to
five years and shall also be liable to fine.

5
[(2-A) Whoever abets or aids in the commission of criminal misconduct under
sub-section (1-A) or allows his premises or Nursing Home to be used for private

1
Explanation to clause (e) omitted by Act I of 2006, s. 3, w.e.f. 4-1-2006.
2
Explanation inserted by Act VIII of 2014, s. 5.
3
Sub-section (1-A) inserted by Act XXVI of 2002, s.3.
4
Sub-section (2) substituted by Act VIII of 2014, s. 5.
5
Sub-section (2-A) inserted by Act XXVI of 2002, s.3.
practice shall be punishable with imprisonment for a term which may extend to three
years and shall also be liable to fine which may extend up to rupees ten thousand:

Provided that the Sher-i-Kashmir Institute of Medical Sciences, Srinagar shall

publish the names and particulars of its medical and para-medical staff annually in at
least two local dailies].

1
[x x x x].

1
[(3)] Whoever attempts to commit an offence referred to in clause (c) of sub-
section (1) shall be punishable with imprisonment for one year which may extend to
three years, or with fine, or with both.

1
[(4)] Where a sentence of fine is imposed under sub-section (2) or sub-section
(3), the Court in fixing the amount of fine shall take into consideration the amount or
the value of the property, if any, which the accused person has obtained by committing
the offence or where the conviction is for an offence referred to in clause (e) of sub-
section (1), the pecuniary resources or property referred to in that clause for with the
accused person is unable to account satisfactorily.

1
[(5)] The provisions of this section shall be in addition to and not in derogation
of, any other law for the time being in force, and nothing contained herein shall exempt
any public servant from any proceeding which might, apart from this section, be
instituted against him.]

2
[6. Sanction necessary for prosecution. — 3[(1)] No Court shall take
cognizance of an offence punishable under 4[the provisions of this Act], alleged to have
been committed by a public servant except with the previous sanction –

(a) in the case of a person who is employed in connection with the affairs of the
State and is not removable from his office save by or with the sanction of
the Government;

(b) in the case of any other person, of the authority competent to remove him
from his office;

(c) in the case of person who is or has been a member of the Council of
Ministers other than the Chief Minister, of the Governor on the advice of
the Chief Minister;

(d) in the case of person who is or has been a Chief Minister, of the Governor;

(e) in the case of a person who is or has been a member of either House of the
State Legislature, of the Speaker of the Legislative Assembly or the
Chairman of the Legislative Council, as the case may be.

1
Existing sub-section (3) deleted and sub-sections (4), (5) and (6) renumbered by Act
VIII of 2014, s. 6.
2
Section 6 substituted by Act IX of 1983, s.8.
3
Existing section 6 renumbered as sub-section (1) by Act VII of 2007, s. 2.
4
Substituted by Act VIII of 2014, s. 6.
 1
[(2)] Where for any reason whatsoever any doubt arises whether the previous
sanction as required under sub-section (1) should be given by the Government or any
other authority, such sanction shall be given by the Government or authority which
would have been competent to remove the public servant from his office at the time
when the offence was alleged to have been committed.]

2
[(3) Notwithstanding anything contained in the Code of Criminal Procedure,
Samvat 198 –

(a) no finding, sentence or order passed by a Special Judge shall be reversed or

altered by a court in appeal, confirmation or revision on the ground of any
error, omission or irregularities in, the sanction required under sub-section
(1), unless in the opinion of that court, a failure of justice has in fact
occasioned thereby;

(b) no court shall stay the proceedings under this Act on the ground of any
error, omission or irregularity in the sanction granted by the authority,
unless it is satisfied that such error, omission or irregularity has resulted in a
failure of justice;

(c) no court shall stay the proceedings under this Act on any other ground and
no court shall exercise the powers of revision in relation to any interlocutory
order passed in any enquiry, trial, appeal or other proceedings.

(4) In determining under sub-section (3) whether any error, omission or

irregularity in, such sanction has occasioned or resulted in a failure of justice, the court
shall have regard to the fact whether the objection could and should have been raised at
any earlier stage in the proceedings.

Explanation: –For the purposes of this section –

(a) error includes competency of the authority to grant sanction;

(b) a sanction required for prosecution includes reference to any requirement that
the prosecution shall be at the instance of a specified authority or with the
sanction of a specified person or any requirement of a similar nature.]

3
[6- A. Particulars in a charge in relation to an offence under section 5 (1) (c).
– Notwithstanding anything contained in the Code of Criminal Procedure, Samvat
1989, when an accused is charged with an offence under clause (c) of sub-section (1) of
section 5, it shall be to sufficient to describe in the charge the properly in respect of
which the offence is alleged to have been committed and the dates between which the
offence is alleged to have been committed without specifying particular items or
exact dates and the charge so framed shall be deemed to be a charge of an offence
within the meaning of section 234 of the Code:

Provided that the time included between the first and last of such dates shall not
exceed one year].

1
Numbered as sub-section (2) and the word “Explanation” omitted ibid.
2
Sub-sections (3) and (4) inserted by Act VII of 2007, s. 2.
3
Section 6-A inserted by Act IX of 1983, s.9.
 7. Accused person to be competent witness. — Any person charged with an
offence punishable under 1[the provisions of this Act], shall be a competent witness for
defence and may give evidence on oath in disproof of the charges made against him or
any person charged together with him at the same trial:

Provided that: —

(a) he shall not be called as a witness except on his own request;

(b) his failure to give evidence shall not be made the subject of any comment
by the prosecution or give rise to any presumption against himself or any
person charged together with him at the same trial;

(c) he shall not be asked, and if asked shall not be required to answer, any
question tending to show that he has committed or been convicted of any
offence other than the offence with which he is charged, or is of bad
character, unless —

(i) the proof that he has committed or been convicted of such offence is
admissible in evidence to show that he is guilty of the offence with
which he is charged, or

(ii) he has personally or by his pleader asked questions of any witness for
the prosecution with a view to establish his own good character, or
has given evidence of his good character, or the nature of conduct of
the defence is such as to involve imputations on the character of the
prosecutor or of any witness for the prosecution, or

(iii) he has given evidence against any other person charged with the same
offence.

2
[7-A. The Code of Criminal Procedure, Samvat 1989 to apply subject to
certain modification. — The provisions of the Code of Criminal procedure, Samvat
1989, shall in their application to any proceeding in relation to an offence punishable
under 3[the provisions of this Act], have effect as if, —

(a) Sub-section (8) of section 251-A had been substituted by the following
namely: —

“(8) The accused shall then be required to give in writing within such
time as the Magistrate may allow a list of persons, if any, whom he proposes to
examine as his witnesses and of the documents, if any, on which he proposes to
rely and shall then be called upon his defence and produces evidence and if the
accused puts in any written statement, the Magistrate shall file it with record:

Provided that in case the accused does not disclose the name of the
witnesses for fear of tempering with, he may not disclose the names in which
case he will be bound to produce the witnesses on his own responsibility on the

1
Substituted by Act VIII of 2014, s. 7.
2
Section 7-A inserted by Act IX of 1983, s. 11.
3
Substituted by Act VIII of 2014, s. 8.
 next date of hearing without the assistance of the Court and will not claim any
further adjournment on this count."

(b) in subsection (1-a) of section 344, after the second proviso, the following
proviso had been inserted, namely:-

“Provided also that the proceeding shall not be adjourned or

postponed merely on the ground that application under section 435 has been
made by a party to the proceeding”;

(c) in sub-section (1) of section 435, before the Explanation, the

following proviso had been inserted, namely:-

“Provided that where the powers under this sub-section are exercised
by a Court on an application made by a party to such proceeding, the Court
shall not ordinarily call for the record of the proceeding, —

(a) without giving the other party an opportunity of showing

cause why the record shall not be called for; or

(b) if it is satisfied that an examination of the record of the

proceeding may be made from the certified copies thereof;

and in any case, the proceedings, before the inferior court shall not be stayed
except for reasons to be recorded in writing];

1
[(d) in sub-section (1) of section 497, after second proviso the following proviso
shall be inserted, namely:-

“Provided also that no person accused of an offence under the

Prevention of Corruption Act, Samvat 2006, shall be released on bail unless an
opportunity of being heard is provided to the Public Prosecutor to oppose the
bail application”.

2
[8. Statement by bribe-giver not to subject him to prosecution. —
Notwithstanding anything contained in any law for the time being in force a statement
made by a person in any proceeding against a public servant for an offence under
3
[section 4-A and section 4-E of this Act], or under sub-section (2) 4[or 5[sub-section
(3)] of section 5 of this Act, that he offered or agreed to offer any gratification (other
than legal remuneration) or any valuable thing to the public servant, shall not subject
such person to a prosecution under section 6[4-F of this Act.]

7
[8-A. Superior officers of Police to exercise powers of officer- in-charge of a
Police Station. — Notwithstanding anything contained in the Code of Criminal

1
Clause (d) inserted by Act VIII of 2014, s. 8.
2
Section 8 inserted by Act II of 1958. (It was omitted by Act III of Samvat 2007).
3
Substituted by Act VIII of 2014, s. 9.
4
Inserted by Act IX of 1983, s. 12.
5
Substituted for sub-section (4) by Act VIII of 2014, s. 9.
6
Substituted for “165-A of the said Code” ibid.
7
Section 8-A inserted by Act XXI of 1958.
Procedure, Samvat I989 for the purposes of this Act, any officer of the 1[Vigilance
Organization] of and above the rank of Sub-Inspector of Police shall, subject to the
provisions of this Act, exercise any of the powers of the officer-in-charge of a Police
Station anywhere in the State and when exercising such powers shall be deemed to be
an officer-in-charge of the Police Station within the limits of which he is exercising
such powers].

2
[8-B. Powers of the investigating officers. - (1) If an officer (not below the rank
of Superintendent of Police) of the Vigilance Organization, investigating an offence
committed under this Act, has reason to believe that any property in relation to which an
investigation is being conducted has been acquired by resorting to such acts of omission
and commission which constitute an offence of ‘criminal misconduct’ as defined under
section 5, he shall , with the prior approval in writing of the Commissioner of the
Vigilance Organization, make an order seizing such property 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 order or of the Designated Authority before whom the
properties seized or attached are produced and a copy of such order shall be served on the
person concerned:

Provided that the Investigating Officer may, at any stage of investigation after
registration of F.I.R. in respect of any case under the Act where he has reason to believe
that such property is likely to be transferred or otherwise dealt with to defeat the
prosecution of the case direct, with the prior approval of the Vigilance Commissioner,
that such property shall not be transferred or dealt with for such period, not exceeding
ninety days, as may be specified in the order except with the prior approval of the
Designated Authority.

3
[Explanation: – For purposes of this section “attachment” shall include temporarily
assuming the custody, possession and/or control of such property].

(2) The investigating officer shall inform the Designated Authority, within forty-
eight hours, of the seizure or attachment of such property together with a report of the
circumstances occasioning the seizure or attachment of such property, as the case may be.

(3) It shall be open to the Designated Authority before whom the seized or attached
properties are produced either to confirm or revoke the order of seizure or attachment so
issued within 4[thirty days]:

Provided that an opportunity of being heard is afforded to the Investigating Officer

and the person whose property is being attached or seized before making any order under
this sub-section:

Provided further that till disposal of the case the Designated Authority shall ensure
the safety and protection of such property.

1
Substituted by Act IX of 1983, s. 2.
2
Sections 8-B, 8-C, 8-D, 8-E and 8-F inserted by Act I of 2006, s.4.
3
Explanation to sub-section (1) of section 8-B inserted by Act VII of 2007, s. 3.
4
Substituted for “twenty-one days” by Act VIII of 2014, s. 10. For earlier amendment see
Act VII of 2007.
 (4) In the case of immovable property attached by the investigating officer, it shall
be deemed to have been produced before the Designated Authority, when the
investigating officer notifies his report and places it at the disposal of the Designated
Authority.

(5) Any person aggrieved by an order under the proviso to sub-section (1) may
apply to the Designated Authority for grant of permission to transfer or otherwise deal
with such property.

(6) The Designated Authority may either grant, or refuse to grant, the permission to
the applicant.

(7) The Designated authority, acting under the provisions of this Act, shall have all
the powers of a civil court required for making a full and fair enquiry into the matter
before it.

8-C. Appeal against the order of Designated Authority. – (1) Any person
aggrieved by an order made by the Designated Authority under sub-section (3) or sub-
section (5) of section 8-B 1[may prefer an appeal, within one month from the date of
receipt of the order, to the Special Judge] (Anti-Corruption) (hereinafter referred to as
Special Court) and the Special Court may either confirm the order of attachment of
property or seizure so made or revoke such order and release the property or pass such
order as it may deem just and proper.

(2) Where any property is seized or attached under section 8-B and the Special
Court is satisfied about such seizure or attachment, it may order forfeiture of such
property, whether or not the person from whose possession it is seized or attached is
prosecuted in the Special Court for an offence under this Act.

(3) It shall be competent for the Special Court to make an order in respect of
property seized or attached, –

(a) directing it to be sold if it is a perishable property and the provisions of

section 525 of the Code of Criminal Procedure, Samvat 1989 shall, as nearly
as may be practicable, apply to the net proceeds of such sale;

(b) nominating any officer of the Government, in the case of any other property,
to perform the function of the Administrator of such property subject to such
conditions as may be specified by the Special Court.

8-D. Issue of show cause notice before forfeiture of the property. – No order
under sub-section (2) of section 8-C shall be made by the Special Court –

(a) unless the person holding or in possession of such property is given a notice
in writing informing him of the grounds on which it is proposed to forfeit
such property and such person is given an opportunity of making a
representation in writing within such reasonable time as may be specified in
the notice against the grounds of forfeiture and is also given a reasonable
opportunity of being heard in the matter;

1
Substituted by Act VIII of 2014, s. 11.
 (b) if the person holding or in possession of such property establishes that he is a
bona fide transferee of such property for value without knowing that such
property has been so acquired.

8-E. Appeal. – (1) Any person aggrieved by order of forfeiture under section 8-C
may within one month from the date of the receipt of such order, appeal to the High
Court.

(2) Where any order under section 8-C is modified or annulled by the High Court or
where in a prosecution instituted for the contravention of the provisions of this Act, the
person against whom an 1[order of the special court] has been made is acquitted, such
property shall be returned to him and in either case if it is not possible for any reason to
return the forfeited property, such person shall be paid the price therefor as if the property
had been sold to the Government with reasonable interest calculated from the date of
seizure of the property and such price shall be determined in the manner prescribed.

8-F. Order of forfeiture not to interfere with other punishments. – The order of
forfeiture made under this Act by the Special Court, shall not prevent the infliction of any
other punishment to which the person affected thereby is liable under this Act.]

9. Inspection of bank accounts. – (1) The Government may, by general or special

order, authorize 2[any police officer] of and above the rank of 3[Deputy Superintendent of
Police] or any officer of the 4[Vigilance Organization] to inspect any account with a bank
or a company in the State of a person against whom an offence under this Act is being
investigated and such bank or company shall provide all facilities for inspection thereof
and supply a copy of the account, if so required by such officer:

Provided that such officer shall not disclose any particulars contained in any such
account except in the performance of his official duty or giving evidence before a Court.

(2) If any such officer discloses any particulars contained in any such account
otherwise than in accordance with the proviso to sub-section (1), he shall be punished
with imprisonment which may extend to six months and shall also liable to fine; provided
that no prosecution shall be instituted under this sub-section except with the previous
sanction of the Government.

5
[9-A. Report of the Vigilance Organization. – It shall be the duty of the
Vigilance Organization to submit half yearly to the Government a report as to the work
done by it and the Government on receipt of such report, shall cause a copy thereof to be
laid before the Legislature.]

6
[10. Establishment of the Vigilance Organization. –– (1) The Government
shall, by notification in the Government Gazette, establish an organization for
investigation of offences under this Act under the name of ‘Vigilance Organization’.

1
Substituted for the words “order of forfeiture” by Act VIII of 2014, s. 12.
2
Substituted by Act III of Samvat 2007 for “any officer of the Anti-Corruption”.
3
Inserted by Act XXII of 1960.
4
Inserted by Act IX of 1983, s. 2.
5
Section 9-A inserted ibid, s. 14.
6
Substituted for sections 10 and 11 by Act I of 2011, s. 23.
 (2) The Organization shall consist of the Director and such other officers and
staff subordinate to him as the Government may from time to time think fit to appoint.
(3) The qualification of officers (other than the Director) shall be such as
prescribed by the Government by rules made under this Act.
(4) The Director and the officers and staff subordinate to him shall hold office
for such term and on such conditions as the Government may from time to time
determine.
11. Superintendence and administration of the Vigilance Organization. ––
(1) The superintendence of the Vigilance Organization in so far as it relates to
investigation of offences alleged to have been committed under the Prevention of
Corruption Act, Samvat 2006, shall vest in the Commission.
(2) Save as otherwise provided in sub-section (1), the superintendence of the said
Organization in all other matters shall vest in the Government.
(3) The administration of the Vigilance Organization shall vest in the Director
who shall exercise in respect of that Organization such of the powers exercisable by a
Director General of Police in respect of the police force as the Government may
specify in this behalf.
11-A. Terms and conditions of service of Director. –– The Director shall,
notwithstanding anything to the contrary contained in the rules relating to his
conditions of service, continue to hold office for a period of not less than two years
from the date on which he assumes office.
11-B. Appointment for posts of Superintendent of Police and above,
extension and curtailment of their tenure, etc. –– (1) The Committee referred to in
section 22 of the Jammu and Kashmir State Vigilance Commission Act, 2011 shall,
after consulting the Director, recommend officers for appointment to the posts of the
level of Superintendent of Police and above and also recommend the extension or
curtailment of the tenure of such officers.
(2) On receipt of the recommendation under sub-section (1), the Government shall
pass such orders as it thinks fit to give effect to the said recommendation.]

1
[12. Conferment of additional functions on 2[Director]. – (1) The Government
may by notification, confer on the 3[Director] such additional functions in relation to
eradication of corruption as may be specified in the notification.

(2) Where any additional functions are conferred on the 4[Director], he shall
exercise the same powers and discharge the same functions in respect of the said
functions as he would in the case of any investigation under the Act and the provisions of
this Act shall apply accordingly.

13. Construction of references to Anti-Corruption Organization in other laws,

orders etc. – Any reference in any other law, order, rule or notification in force in the
State immediately before the commencement of the Jammu and Kashmir Prevention of
Corruption Laws (Amendment) Ordinance, 1983 (II of 1983) to the Anti-Corruption

1
Sections 12 and 13 inserted by Act IX of 1983, s. 15.
2
Substituted for “Vigilance Commissioner” by Act I of 2011, s. 23.
3
Substituted for “Vigilance Commissioner” by Act I of 2011, s. 23.
4
Substituted for “Vigilance Commissioner” by Act I of 2011, s. 23.
Organization shall unless the context otherwise requires, be construed as reference to the
Vigilance Organization].
1
Annexure

Omission of certain sections of Act XII of Samvat 1989

Sections 161 to 165-A (both inclusive) and section 167-A of the State Ranbir Penal
Code, Samvat 1989 shall be omitted and section 6 of the General Clauses Act, 1977, shall
apply to such omission.

_____

1
Inserted by Act VIII of 2014, s. 13.