An Act to
consolidate and amend the law relating to the prevention of corruption and
for matters connected therein was passed and enacted by the Parliament on
9th September, 1988. The complete text follows:
BE it enacted by Parliament in the Thirty-ninth Year of the Republic of
India as follows:-
Chapter I: Preliminary
1.Short Title and Extent :
1.This Act may be called the Prevention
of Corruption Act, 1988.
2.It extends to the whole of India except the State of Jammu and Kashmir
and it applies also to all citizens of India outside India.
2.Definitions :
In this Act, unless the context otherwise
requires,- a."election" means any election, by whatever means
held under any law for the purpose of selecting members of Parliament or
of any Legislature, local authority or other public authority;
b."public duty" means a duty in the discharge of which the
State, the public or the cominunity at large has an interest;
Explanation - In this clause "State"
includes a corporation established by or under a Central, Provincial or
State Act, or an authority or a body owned or controlled or aided by the
Government or a Government company as defined in section 617 of the
Companies Act, 1956 (1 of 1956);
c."public servant" means,-
i.any person in the service or pay of the Government or
remunerated by the Government by fees or commission for the performance of
any public duty;
ii.any person in the service or pay of a local authority
iii.any person in the service or pay of a corporation
established by or under a Central, Provincial or State Act, or an
authority or a body owned or controlled or aided by the Govermnent or a
Govermnent company as defined in section 617 of the Companies Act, 1956
(1 of 1956);
iv.any Judge, including any person empowered by law to
discharge, whether by himself or as a member of any body of persons, any
adjudicatory sanctions;
v.any person authorised by a court of justice to perform
any duty, in connection with the administration of justice, including a
liquidator, receiver or conmmissioner appointed by such court;
vi.any arbitrator or other person to whom any cause or
matter has been referred for decision or report by a court of justice or
by a competent public authority;
vii.any person who holds an office by virtue of which he
is empowered to prepare, publish, maintain or revise an electoral roll or
to conduct an election or part of an election;
viii.any person who holds an office by virtue of which he is authorised or
required to peform any public duty;
ix.any person who is the president, secretary or other
office-bearer of a registered co-operative society engaged in agriculture,
industry, trade or banking, receiving or having received any financial aid
from the Central Government or a State Government or from any corporation
established by or under a Central, Provincial or State Act; or any
authority or body owned or controlled or aided by the Government or a
Government company as defined in section 617 of the Companies Act, 1956 (1
of 1956);
x.any person who is a chairman, member or employee of any
Service Commission or Board, by whatever name called, or a member of any
selection committee appointed by such Commission or Board for the conduct
of any examination or making any selection on behalf of such Commission or
Board;
xi.any person who is a Vice-Chancellor or member of any governing
body, professor, reader, lecturer or any other teacher or employee, by
whatever designation called, of any University and any person whose
services have been availed of by a University or any other public
authority in connection with holding or conducting examinations;
xii.any
person who is an office-bearer or an employee of an educational,
scientific, social, cultural or other institution, in whatever manner
established, receiving or having received any financial assistance from
the Central Government or any State Govennnent, or local or other public
authority.
Explanation 1 :Persons falling under any of the above sub-clauses
are public servants, whether appointed by the Government or not.
Explanation 2
: Wherever the words "public
servant" occur, they shall be understood of every person who is in
actual possession of the situation of a public servant, whatever legal
defect there may be in his right to hold that situation.
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