Prevention of Corruption Act, 2006 (1949 A. D.)
No: 13 Dated: Oct, 25 2006
THE PREVENTION OF CORRUPTION ACT, 2006 (1949 A. D.)
(Act No. XIII of 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 [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.Interpretion.- (1) In this Act. unless the context otherwise requires. -
(a) "Anti-Corruption Bureau", shall mean the Anti-Corruption Bureau established under sub-section (1) of section 10;
(b) "Director", shall mean the Director of Anti-Corruption Bureau appointed under section 22 of the Jammu and Kashmir State Vigilance Commission Act, 2011; and
(c) "Director" shall mean the Director of Vigilance appointed under section 22 of the Jammu and Kashmir State Vigilance Commission Act, 2011;
(d) "property" shall mean property and assets of every description, whether corporeal or incorporeal, movable 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;
(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-
(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 the Act of the State Legislature or of Parliament in force in the State.
(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.
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 thereof without a warrant:
Provided further that if an officer of the Anti-Corruption Bureau of and above the rank of a Sub-Inspector of Police is specially authorized in writing by an officer of Anti-Corruption Bureau 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 authorisation. But such officer shall hot 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.