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Section 33: Provisional attachment of assets

The Bihar Lokayukta Act, 2011State Act of Bihar · Act 22 of 2011

(1) Where the Lokayukta or any Investigation Officer authorized by it in this behalf, has reason 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 corruption;

and

(c) such proceeds of offence are likely to be concealed, transferred or dealt with in any manner which may result in frustrating any proceeding relating to confiscation of such proceeds of offence, he 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 prescribed.

(2) 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 Special Court, in a sealed envelope, in the manner as may be prescribed and such Court may extend the order of attachment and keep such material for such period as the Court may deem fit.

(3) 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).

Where this provision sits

ActThe Bihar Lokayukta Act, 2011
Section33
Marginal noteProvisional attachment of assets
JurisdictionState of Bihar
StatusIn force as published by the source

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