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Section 13: Public man to vacate office if directed by Commission

The Kerala Public Men (Prevention of Corruption) Act, 1983State Act of Kerala · Act 6 of 1984

(1) Where, after an investigation under this Act, the Commission is satisfied that an allegation against a public man has been substantiated and that such public man should not continue to hold the post held by him, the Commission shall make a declaration to that effect in its report under subsection (1) of section 12 and thereupon the Government may either accept the declaration or reject it.

(2) If the declaration is not rejected under sub-section (1) within a period of three months from the date of receipt of the report under sub-section (1) of section 12, it shall be deemed to have been accepted by the Government on the expiry of the said period of three months.

(3) If the declaration referred to in sub-section (1) is accepted or is deemed to have been accepted by the Government, the fact of such acceptance or the deemed acceptance shall be intimated to the public man and not withstanding anything contained in any law, order, notification, rule or contract of appointment, the public man shall, with effect from the date of such intimation,—

(i) if he is the Chief Minister or a Minister or a Member of the Legislative Assembly of the State, resign his office of Chief Minister, Minister or Member of the Legislative Assembly, as the case may be;

(ii) if he is any other person, be deemed to have vacated his office.

Where this provision sits

ActThe Kerala Public Men (Prevention of Corruption) Act, 1983
Section13
Marginal notePublic man to vacate office if directed by Commission
JurisdictionState of Kerala
StatusIn force as published by the source

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