State Act

34

Section 34. Assessment of loss and recovery thereof by Special Court.

The Himachal Pradesh Lokayukta Act, 2014

Act no. 23 of 20152015In forceHimachal Pradesh (State Act)

34. Assessment of loss and recovery thereof by Special Court.- If any public servant is convicted of an offence under the Prevention of Corruption Act, 1988 or the Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983 by the Special Court, notwithstanding and without prejudice to any law for time being in force, it may make an assessment of loss, if any, caused to the public exchequer on account of the actions or decisions of such public servant not taken in good faith and for which he stands convicted and may order recovery of such loss, if possible or quantifiable, from such public servant so convicted: Provided that if the Special Court, for reasons to be recorded in writing, comes to the conclusion that the loss caused was pursuant to a conspiracy with the beneficiary or beneficiaries of actions or decisions of the public servant so convicted, then such loss may, if assessed and quantifiable under this section, also be recovered from such beneficiary or beneficiaries proportionately.