‘CHAPTER IV A ATTACHMENT AND FORFEITURE OF PROPERTY
18A. (1) Save as otherwise provided under the Prevention of Money Laundering Act, 2002, the provisions of the Criminal Law Amendment Ordinance, 1944 shall, as far as may be, apply to the attachment, administration of attached property and execution of order of attachment or confiscation of money or property procured by means of an offence under this Act.
(2) For the purposes of this Act, the provisions of the Criminal Law Amendment Ordinance, 1944 shall have effect, subject to the modification that the references to “District Judge” shall be construed as references to “Special Judge”.’.
14. In section 19 of the principal Act, in sub-section (1),—
(i) for the words and figures “sections 7, 10, 11, 13 and 15”, the words and figures "sections 7, 11, 13 and 15" shall be substituted;
(ii) in clause (a), for the words "who is employed", the words “who is employed, or as the case may be, was at the time of commission of the alleged offence employed” shall be substituted;
(iii) in clause (b), for the words “who is employed”, the words “who is employed, or as the case may be, was at the time of commission of the alleged offence employed” shall be substituted;
(iv) after clause (c), the following shall be inserted, namely:— “Provided that no request can be made, by a person other than a police officer or an officer of an investigation agency or other law enforcement authority, to the appropriate Government or competent authority, as the case may be, for the previous sanction of such Government or authority for taking cognizance by the court of any of the offences specified in this sub-section, unless—
(i) such person has filed a complaint in a competent court about the alleged offences for which the public servant is sought to be prosecuted; and
(ii) the court has not dismissed the complaint under section 203 of the Code of Criminal Procedure, 1973 and directed the complainant to obtain the sanction for prosecution against the public servant for further proceeding:
Provided further that in the case of request from the person other than a police officer or an officer of an investigation agency or other law enforcement authority, the appropriate Government or competent authority shall not accord sanction to prosecute a public servant without providing an opportunity of being heard to the concerned public servant:
Provided also that the appropriate Government or any competent authority shall, after the receipt of the proposal requiring sanction for prosecution of a public servant under this sub-section, endeavour to convey the decision on such proposal within a period of three months from the date of its receipt:
Insertion of new Chapter IVA.
15 of 2003.
Ord. 38 of
1944.
Ord. 38 of
1944.
Amendment of section 19.
Provisions of Criminal Law A m e n d m e n t O r d i n a n c e , 1944 to apply to attachment under this Act.
2 of 1974.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
Provided also that in case where, for the purpose of grant of sanction for prosecution, legal consultation is required, such period may, for the reasons to be recorded in writing, be extended by a further period of one month:
Provided also that the Central Government may, for the purpose of sanction for prosecution of a public servant, presecribe such guidelines as it considers necessary.
Explanation.—For the purposes of sub-section (1), the expression "public servant" includes such person—
(a) who has ceased to hold the office during which the offence is alleged to have been committed; or
(b) who has ceased to hold the office during which the offence is alleged to have been committed and is holding an office other than the office during which the offence is alleged to have been committed.".