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Section 3: Definition of corruption

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

(1) Whoever being a public man—

(a) accepts or obtains 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 showing or for bearing to show in the exercise of his official functions, favour or disfavour to any person or for rendering any service or disservice to any person, with the Government or any Board, authority, body, Corporation, Company or Society referred to in sub-clauses (iii), (iv), (v) and (vi) of clause (i) of section 2 or with any public man or public servant as such; or

(b) accepts or obtains 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 man or public servant to do or to forbear to do any official act, or in the exercise of the official functions of such public man or public servant, to show favour or disfavour to any person or to render any service or dis-service to any person with the Government or any board authority, body, Corporation, Company or Society referred to in sub-clauses (iii), (iv),

(v) and (vi) of clause (i) of section 2 or with any public man or public servant as such, or

(c) by corrupt or illegal means or by otherwise abusing his position as a public man obtains for himself or for any other person any valuable thing or pecuniary advantage; or

(d) abusing his position as public man wilfully does any act in contravention of any provision of any law for the time being in force is, said to commit corruption.

Explanation I.— The word "gratification" means pecuniary gratification and gratification estimable in money.

Explanation II.— The word "law" includes any Ordinance, byelaw, rule, regulation or notification.

Explanation III.— The words "legal remuneration" are not restricted to remuneration which a public man can lawfully demand, but include all remuneration which is lawfully permissible.

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Explanation IV.— A person who receives a gratification as a motive for doing what he does not intend to do, or as a reward for doing what he has not done, comes within the expression "a motive or reward for doing".

(2) Any person who abets or conceals or attempts to conceal from detection, the commission of corruption of the nature specified in sub-section (1) by a public man also commits corruption.

Where this provision sits

ActThe Kerala Public Men (Prevention of Corruption) Act, 1983
Section3
Marginal noteDefinition of corruption
JurisdictionState of Kerala
StatusIn force as published by the source

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