THE
PREVENTION
OF
CORRUPTION ACT,
CONTENTS
1988
[Act No. 49 of 1988 dated 9th. September, 1988]
CONTENTS
CHAPTER I: PRELIMINARY
1. Short title and extent
2. Definitions
3. Power to appoint special Judges
4. Cases triable by special Judges
5. Procedure and powers of special Judge
6. Power to try summarily
CHAPTER III: OFFENCES AND PENALTIES
7. Public servant taking gratification other than legal remuneration in respect of an
official act
8. Taking gratification, in order, by corrupt or illegal means, to influence public
servant
9. Taking gratification, for exercise of personal influence with public servant
10. Punishment for abetment by public servant of offences defined in section 8 or 9
11. Public servant obtaining valuable thing, without consideration from person
concerned in proceeding or business transacted by such public servant
12. Punishment for abetment of offences defined in section 7 or 11
13. Criminal misconduct by a public servant
14. Habitual committing of offence under sections 8, 9 and 12
15. Punishment for attempt
16. Matters to be taken into consideration for fixing fine
CHAPTER IV: INVESTIGATION INTO CASES UNDER THE ACT
17. Persons authorised to investigate
18. Power to inspect bankers' books
19. Previous sanction necessary for prosecution
20. Presumption where public servant accepts gratification other than legal
remuneration
21. Accused person to be a competent witness
22. The Code of Criminal Procedure, 1973 to apply subject to certain modifications
23. Particulars in a charge in relation to an offence under section 13(1) (c).
24. Statement by bribe giver not to subject him to prosecution
25. Military, Naval and Air Force or other law not to be affected
26. Special Judges appointed under Act 46 of 1952 to be special Judges appointed
under this Act
27. Appeal and revision
28. Act to be in addition to any other law
29. Amendment of the Ordinance 38 of 1944
30. Repeal and saving
31. Omission of certain sections of Act 45 of 1860
An Act to consolidate and amend the law relating to the prevention of corruption and for matters
connected therewith.
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
community 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.
(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
Government or a Government company as defined in section 617 of the Companies Act,
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 functions;
(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 commissioner
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
perform 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;
(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 Government, 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.
3. Power to appoint special Judges
(1) The Central Government or the State Government may, by notification in the. Official
Gazette, appoint as many special Judges as may be necessary for such area or areas or for
such case or group of cases as may be specified in the notification to try the following
offences, namely: -
(a) any offence punishable under this Act; and
(b) any conspiracy to commit or any attempt to commit or any abetment of any of the
offences specified in clause (a).
(2) A person shall not be qualified for appointment as a special Judge under this Act unless
he is or has been a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions
Judge under the Code of Criminal Procedure, 1973.
4. Cases triable by special Judges
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, or in any
other law for the time being in force, the offences specified in sub-section (1) of section 3
shall be tried by special Judges only.
(2) Every offence specified in sub-section (1) of section 3 shall be tried by the special Judge
for the area within which it was committed, or, as the case may be, by the special Judge
appointed for the case, or where there are more special Judges than one for such area, by such
one of them as may be specified in this behalf by the Central Government.
(3) When trying any case, a special Judge may also try any offence, other than an offence
specified in section 3, with which the accused may, under the Code of Criminal Procedure.
1973, be charged at the same trial.
(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, a special
Judge shall, as far as practicable, hold the trial of an offence on day-to-day basis.
5. Procedure and powers of special Judge
(1) A special Judge may take cognizance of offences without the accused being committed to
him for trial and, in trying the accused persons, shall follow the procedure prescribed by the
Code of Criminal Procedure, 1973. for the trial of warrant cases by Magistrates.
(2) A special Judge may, with a view to obtaining the evidence of any person supposed to
have been directly or indirectly concerned in or privy to, an offence, tender a pardon to such
person on condition of his making a full and true disclosure of the whole circumstances
within his knowledge. relating to the offence and to every other person concerned, whether as
principal or abettor, in the commission thereof and any pardon so tendered shall, for the
purposes of sub-sections (1) to (5) of section 308 of the Code of Criminal Procedure, 1973,
be deemed to have been tendered under section 307 of that Code.
(3) Save as provided in sub-sections (1) or sub-section (2), the provisions of the Code of
Criminal Procedure, 1973, shall, so far as they are not inconsistent with this Act, apply to the
proceedings before a special Judge; and for the purposes of the said provisions, the Court of
the special Judge shall be deemed to be a Court of Session and the person conducting a
prosecution before a special Judge shall be deemed to be a public prosecutor.
(4) In particular and without prejudice to the generality of the provisions contained in sub-
section (3), the provisions of sections 326 and 475 of the Code of Criminal Procedure, 1973,
shall, so for as may be, apply to the proceedings before a special Judge and for the purposes
of the said provisions, a special Judge shall be deemed to be a Magistrate.
(5) A special Judge may pass upon any person convicted by him any sentence authorised by
law for the punishment of the offence of which such person is convicted.
(6) A special Judge, while trying an offence punishable under this Act, shall exercise all the
powers and functions exercisable by a District Judge under the Criminal Law Amendment
Ordinance, 1944.
6. Power to try summarily
(1) Where a special Judge tries any offence specified in sub-section (1) of section 3, alleged
to have been committed by a public servant in relation to the contravention of any special
order referred to in sub-section (1) of section 12A of the Essential Commodities Act, 1955 or
of an order referred to in clause (a) of sub-section (2) of that section, then, notwithstanding
anything contained in sub-section (1) of section 5 of this Act or section 260 of the Code of
Criminal Procedure, 1973, the special Judge shall try the offence in a summary way, and the
provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be,
apply to such trial:
Provided that, in the case of any conviction in a summary trial under this section, it shall be
lawful for the special Judge to pass a sentence of imprisonment for a term not exceeding one
year:
Provided further that when at the commencement of, or in the course of, a summary trial
under this section, it appears to the special Judge that the nature of the case is such that a
sentence of imprisonment for a term exceeding one year may have to be passed or that it is,
for any other reason, undesirable to try the case summarily, the special Judge shall, after
hearing the parties, record an order to that effect and thereafter recall any witnesses who may
have been examined and proceed to hear or re-hear the case in accordance with the procedure
prescribed by the said Code for the trial of warrant cases by Magistrates.
(2) Notwithstanding anything to the contrary contained in this Act or in the code of Criminal
Procedure, 1973, there shall be no appeal by a convicted person in any case tried summarily
under this section in which the special Judge passes a sentence of imprisonment not
exceeding one month, and of fine not exceeding two thousand rupees whether or not any
order under section 452 of the said Code is made in addition to such sentence, but an appeal
shall lie where any sentence in excess of the aforesaid limits is passed by the special Judge.
CHAPTER III:
OFFENCES AND PENALTIES
7. Public servant taking gratification other than legal remuneration in respect of an
official act
Whoever, being, or expecting to be a public servant, accepts or obtains or agrees to accept or
attempts to obtain 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 for showing or forbearing to show, in the exercise of his official functions,
favour or disfavour to any person or for rendering or attempting to render any service or
disservice to any person, with the Central Government or any State Government or
Parliament or the Legislature of any State or with any local authority, corporation or
Government company referred to in clause (c) of section 2, or with any public servant,
whether named or otherwise, shall be punishable with imprisonment which shall be not less
than six months but which may extend to five years and shall also be liable to fine.
Explanations.-
(a) "Expecting to be a public servant." If a person not expecting to be in office obtains a
gratification by deceiving others into a belief that he is about to be in office, and that he will
then serve them, he may be guilty of cheating, but he is not guilty of the offence defined in
this section.
(b) "Gratification." The word "gratification" is not restricted to pecuniary gratifications or to
gratifications estimable in money.
(c) "Legal remuneration." The words "legal remuneration" are not restricted to remuneration
which a public servant can lawfully demand, but include all remuneration which he is
permitted by the Government or the organisation, which he serves, to accept.
(d) "A motive or reward for doing." A person who receives a gratification as a motive or
reward for doing what he does not intend or is not in a position to do, or has not done, comes
within this expression.
(e) Where a public servant induces a person erroneously to believe that his influence with the
Government has obtained a title for that person and thus induces that person to give the
public servant, money or any other gratification as a reward for this service, the public
servant has committed an offence under this section.
8. Taking gratification, in order, by corrupt or illegal means, to influence public servant
Whoever accepts or obtains, or agrees to accept, or attempts to obtain, 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 servant, whether named or otherwise, to do
or to forbear to do any official act, or in the exercise of the official functions of such public
servant to show favour or disfavour to any person, or to render or attempt to render any
service or disservice to any person with the Central Government or any State Government or
Parliament or the Legislature of any State or with any local authority, corporation or
Government company referred to in clause (c) of section 2, or with any public servant,
whether named or otherwise, shall be punishable with imprisonment for a term which shall be
not less than six months but which may extend to five years and shall also be liable to fine.
9. Taking gratification, for exercise of personal influence with public servant
Whoever accepts or obtains or agrees to accept or attempts to obtain, from any person, for
himself or for any other person, any gratification whatever, as a motive or reward for
inducing, by the exercise of personal influence, any public servant whether named or
otherwise to do or to forbear to do any official act, or in the exercise of the official functions
of such public servant to show favour or disfavour to any person, or to render or attempt to
render any service or disservice to any person with the Central Government or any State
Government or Parliament or the Legislature of any State or with any local authority,
corporation or Government company referred to in clause (c) of section 2, or with any public
servant, whether named or otherwise, shall be punishable with imprisonment for a term
which shall be not less than six months but which may extend. to five years and shall also be
liable to fine.
10. Punishment for abetment by public servant of offences defined in section 8 or 9
Whoever, being a public servant, in respect of whom either of the offences defined in section
8 or section 9 is committed, abets the offence, whether or not that offence is committed in
consequence of that abetment, shall be punishable with imprisonment for a term which shall
be not less than six months but which may extend to five years and shall also be liable to fine.
11. Public servant obtaining valuable thing, without consideration from person
concerned in proceeding or business transacted by such public servant
Whoever, being a public servant, accepts or obtains or agrees to accept or attempts to obtain
for himself, or for any other person, any valuable thing without consideration, or for a
consideration which he knows to be inadequate, from any person whom he knows to have
been, or to be, or to be likely to be concerned in any proceeding or business transacted or
about to be transacted by such public servant, or having any connection with the official
functions of himself or of any public servant to whom he is subordinate, or from any person
whom he knows to be interested in or related to the person so concerned, shall be punishable
with imprisonment for a term which shall be not less than six months but which may extend
to five years and shall also be liable to fine.
12. Punishment for abetment of offences defined in section 7 or 11
Whoever abets any offence punishable under section 7 or section 11 whether or not that
offence is committed in consequence of that abetment, shall be punishable with imprisonment
for a term which shall be not less than six months but which may extend to five years and
shall also be liable to fine,
13. Criminal misconduct by a public servant
(1) A public servant is said to commit the offence of criminal misconduct,-
(a) if he habitually accepts or obtains or agrees to accept or attempts to obtain from any
person for himself or for any other person any gratification other than legal remuneration as a
motive or reward such as is mentioned in section 7; or
(b) if he habitually accepts or obtains or agrees to accept or attempts to obtain for himself or
for any other person, any valuable thing without consideration or for a consideration which
he knows to be inadequate from any person whom he knows to have been, or to be, or to be
likely to be concerned in any proceeding or business transacted or about to be transacted by
him, or having any connection with the official functions of himself or of any public servant
to whom he is subordinate, or from any person whom he knows to be interested in or related
to the person so concerned; or
(c) if he dishonestly or fraudulently misappropriates or otherwise converts for his own use
any property entrusted to him or under his control as a public servant or allows any other
person so to do; or
(d) if he,-
(i) by corrupt or illegal means, obtains for himself or for any other person any valuable thing
or pecuniary advantage; or
(ii) by abusing his position as a public servant, obtains for himself or for any other person any
valuable thing or pecuniary advantage; or
(iii) while holding office as a public servant, obtains for any person any valuable thing or
pecuniary advantage without any public interest; or
(e) if he or any person on his behalf, is in possession or has, at any time during the period of
his office, been in possession for which the public servant cannot satisfactorily account, of
pecuniary resources or property disproportionate to his known sources of income.
Explanation.-For the purposes of this section, "known sources of income" means income
received from any lawful source and such receipt has been intimated in accordance with the
provisions of any law, rules or orders for the time being applicable to a public servant.
(2) Any public servant who commits criminal misconduct shall be punishable with
imprisonment for a term which shall be not less than one year but which may extend to seven
years and shall also be liable to fine.
14. Habitual committing of offence under sections 8, 9 and 12
Whoever habitually commits-
(a) an offence punishable under section 8 or section 9; or
(b) an offence punishable under section 12,
shall be punishable with imprisonment for a term which shall be not less than two years but
which may extend to seven years and shall also be liable to fine.
15. Punishment for attempt
Whoever attempts to commit an offence referred to in clause (c) or clause (d) of sub-section
(1) of section 13 shall be punishable with imprisonment for a term which may extend to three
years and with fine.
16. Matters to be taken into consideration for fixing fine
Where a sentence of fine is imposed. under sub-section (2) of section 13 or section 14, the
court in fixing the amount of the fine shall taken into consideration the amount or the value of
the property, if any, which the accused person has obtained by committing the offence or
where the conviction is for an offence referred to in clause (e) of sub-section (1) of section
13, the pecuniary resources or property referred to in that clause for which the accused person
is unable to account satisfactorily.
CHAPTER IV:
INVESTIGATION INTO CASES UNDER THE ACT
17. Persons authorised to investigate
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, no police
officer below the rank,-
(a) in the case of the Delhi Special Police Establishment, of an Inspector of Police;
(b) in the metropolitan areas of Bombay, Calcutta, Madras and Ahmedabad and in any other
metropolitan area notified as such under sub-section (1) of section 8 of the Code of Criminal
Procedure, 1973, of an Assistant Commissioner of Police;
(c) elsewhere, of a Deputy Superintendent of Police or a police officer of equivalent rank,
shall investigate any offence punishable under this Act without the order of a Metropolitan
Magistrate or a Magistrate of the first class, as the case may be, or make any arrest therefor
without a warrant:
Provided that if a police officer not below the rank of an Inspector of Police is authorised by
the State Government in this behalf by general or special order, he may also investigate any
such offence without the order of a Metropolitan Magistrate or a Magistrate of the first class,
as the case may be, or make arrest therefor without a warrant:
Provided further that an offence referred to in clause (e) of sub-section (1) of section 13 shall
not be investigated without the older of a police officer not below the rank of a
Superintendent of Police.
18. Power to inspect bankers' books
If from information received or otherwise, a police officer has reason to suspect the
commission of an offence which he is empowered to investigate under section 17 and
considers that for the purpose of investigation or inquiry into such offence, it is necessary to
inspect any bankers’ books, then, notwithstanding anything contained in any law for the time
being in force, he may inspect any bankers’ books in so far as they relate to the accounts of
the persons suspected to have committed that offence or of any other person suspected to be
holding money on behalf of such person, and take or cause to be taken certified copies of the
relevant entries therefrom, and the bank concerned shall be bound to assist the police officer
in the exercise of his powers under this section:
Provided that no power under this section in relation to the accounts of any person shall be
exercised by a police officer below the rank of a Superintendent of Police, unless he is
specially authorised in this behalf by a police officer of or above the rank of a superintendent
of Police.
Explanation-In this section, the expressions "bank" and "bankers’ books" shall have the
meanings respectively assigned to them in the Bankers’ Books Evidence Act, 1891.
19. Previous sanction necessary for prosecution
(1) No court shall take cognizance of an offence punishable under section 7, 10, 11, 13 and
15 alleged to have been committed by a public servant, except with the previous sanction,-
(a) in the case of a person who is employed in connection with the affairs of the Union and is
not removable from his office save by or with the sanction of the Central Government, of that
Government;
(b) in the case of a person who is employed in connection with the affairs of a State and is not
removable from his office save by or with the sanction of the State Government, of that
Government;
(c) in the case of any other person, of the authority competent to remove him from his office.
(2) Where for any reason whatsoever any doubt arises as to whether the previous sanction as
required under sub-section (1) should be given by the Central Government or the State
Government or any other authority, such sanction shall be given by that Government or
authority which would have been competent to remove the public servant from his office at
the time when the offence was alleged to have been committed.
(3) Notwithstanding anything contained in the code of Criminal Procedure, 1973,-
(a) no finding, sentence or order passed by a special Judge shall be reversed or altered by a
Court in appeal, confirmation or revision on the ground of the absence of, or any error,
omission or irregularity in, the sanction required under sub-section (1), unless in the opinion
of that court, a failure of justice has in fact been occasioned thereby;
(b) no court shall stay the proceedings under this Act on the ground of any error, omission or
irregularity in the sanction granted by the authority, unless it is satisfied that such error,
omission or irregularity has resulted in a failure of justice;
(c) no court shall stay the proceedings under this Act on any other ground and no court shall
exercise the powers of revision in relation to any interlocutory order passed in any inquiry,
trial, appeal or other proceedings.
(4) In determining under sub-section (3) whether the absence of, or any error, omission or
irregularity in, such sanction has occasioned or resulted in a failure of justice the court shall
have regard to the fact whether the objection could and should have been raised at any earlier
stage in the proceedings.
Explanation.-For the purposes of this section,-
(a) error includes competency of the authority to grant sanction;
(b) a sanction required for prosecution includes reference to any requirement that the
prosecution shall be at the instance of a specified authority or with the sanction of a specified
person or any requirement of a similar nature.
20. Presumption where public servant accepts gratification other than legal
remuneration
(1) Where, in any trial of an offence punishable under section 7 or section 11 or clause (a) or
clause (b) of sub-section (1) of section 13 it is proved that an accused person has accepted or
obtained or has agreed to accept or attempted to obtain for himself, or for any other person,
any gratification (other than legal remuneration) or any valuable thing from any person, it
shall be presumed, unless the contrary is proved, that he accepted or obtained or agreed to
accept or attempted to obtain that gratification or that valuable thing, as the case may be, as a
motive or reward such as is mentioned in section 7 or, as the case may be, without
consideration or for a consideration which he knows to be Inadequate.
(2) Where in any trial of an offence punishable under section 12 or under clause (b) of section
14, it is proved that any gratification (other than legal remuneration) or any valuable thing has
been given or offered to be given or attempted to be given by an accused person, it shall be
presumed, unless the contrary is proved, that he gave or offered to give or attempted to give
that gratification or that valuable thing, as the case may be, as a motive or reward such as is
mentioned in section 7, or, as the case may be, without consideration or for a consideration
which he knows to be inadequate.
(3) Notwithstanding anything contained in sub-section (1) and (2), the court may decline to
draw the presumption referred to in either of the said sub-sections, if the gratification or thing
aforesaid is, in its opinion, so trivial that no inference of corruption may fairly be drawn.
21. Accused person to be a competent witness
Any person charged with an offence punishable under this Act, shall be a competent witness
for the defence and may give evidence on oath in disproof of the charges made against him or
any person charged together with him at the same trial:
Provided that-
(a) he shall not be called as a witness except at his own request;
(b) his failure to give evidence shall not be made the subject of any comment by the
prosecution or give rise to any presumption against himself or any person charged together
with him at the same trial;
(c) he shall not be asked, and if asked shall not be required to answer, any question tending to
show that he has committed or been convicted of any offence other than the offence with
which he is charged, or is of bad character, unless-
(i) the proof that he has committed or been convicted of such offence is admissible evidence
to that he is guilty of the offence with which he is charged, or
(ii) he has personally or by his pleader asked any question of any witness for the prosecution
with a view to establish his own good character, or has given evidence of his good character,
or the nature or conduct of the defence is such as to involve imputations on the character of
the prosecutor or of any witness for the prosecution, or
(iii) he has given evidence against any other person charged with the same offence.
22. The Code of Criminal Procedure, 1973 to apply subject to certain modifications
The provisions of the Code of Criminal Procedure, 1973, shall in their application to any
proceeding in relation to an offence punishable under this Act have effect as if,-
(a) in sub-section (1) of section 243, for the words "The accused shall then be called upon",
the words "The accused shall then be required to give in writing at once or within. such time
as the Court may allow, a list of the persons (if any) whom he proposes to examine as his
witnesses and of the documents (if any) on which he proposes to rely and he shall then be
called upon" had been substituted;
(b) in sub-section (2) of section 309, after the 'third proviso, the following proviso had been
inserted, namely:-
"Provided also that the proceeding shall not be adjourned or postponed merely on the ground
that an application under section 397 has been made by a party to the proceeding.";
(c) after sub-section (2) of section 317, the following sub-section had been inserted, namely:-
"(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Judge may,
if he thinks fit and for reasons to be recorded by him, proceed with inquiry or trial in the
absence of the accused or his pleader and record the evidence of any witness subject to the
right of the accused to recall the witness for cross-examination.";
(d) in sub-section (1) of section 397, before the Explanation, the following proviso had been
inserted, namely:-
"Provided that where the powers under this section are exercised by a Court on an application
made by a party to such proceedings, the Court shall not ordinarily call for the record of the
proceedings:-
(a) without giving the other party an opportunity of showing cause why the record should not
be called for; or
(b) if it is satisfied that an examination of the record of the proceedings may be made from
the certified copies.".
23. Particulars in a charge in relation to an offence under section 13(1) (c).
Notwithstanding anything contained in the Code of Criminal Procedure, 1973, when an
accused is charged with an offence under clause (c) of sub-section (1) of section 13, it shall
be sufficient to describe in the charge the property in respect of which the offence is alleged
to have been committed , and the dates between which the offence is alleged to have been
committed, without specifying particular items or exact dates, and the charge so framed shall
be deemed to be a charge of one offence within the meaning of section 219 of the said Code:
Provided that the time included between the first and last of such dates shall not exceed one
year.
24. Statement by bribe giver not to subject him to prosecution
Notwithstanding anything contained in any law for the time being in force, a statement made
by a person in any proceeding against a public servant for an offence under sections 7 to 11
or under section 13 or section 15, that he offered or agreed to offer any gratification (other
than legal remuneration) or any valuable thing to the public servant, shall not subject such
person to a prosecution under section 12.
25. Military, Naval and Air Force or other law not to be affected
(1) Nothing in this Act shall affect the jurisdiction exercisable by, or the procedure applicable
to, any court or other authority under the Army Act. 1950, the Air Force Act, 1950, the Navy
Act, 1957, the Border Security Force Act, 1968, the Coast Guard Act, 1978 and the National
Security Guard Act, 1986.
(2) For the removal of doubts, it is hereby declared that for the purposes of any such law as is
referred to in sub-section (1), the court of a special Judge shall be deemed to be a court of
ordinary criminal justice.
26. Special Judges appointed under Act 46 of 1952 to be special Judges appointed under
this Act
Every special Judge appointed under the Criminal Law Amendment Act, 1952,, for any area
or areas and is holding office on the commencement of this Act shall be deemed to be a
special Judge appointed under section 3 of this Act for that area or areas and, accordingly, on
and from such commencement, every such Judge shall continue to deal with all the
proceedings pending before him on such commencement in accordance with the provisions of
this Act.
27. Appeal and revision
Subject to the provisions of this Act, the High Court may exercise, so far as they may be
applicable, all the powers of appeal and revision conferred by the Code of Criminal
Procedure, 1973 on a High Court as if the court of special Judge were a court of Session
trying cases within the local limits of the High Court.
28. Act to be in addition to any other law
The provisions of this Act shall be in addition to, and not in derogation of, any other law for
the time being in force, and nothing contained herein shall exempt any public servant from
any proceeding which might, apart from this Act, be instituted against him.
29. Amendment of the Ordinance 38 of 1944
In the Criminal Law Amendment Ordinance, 1944,-
(a) in sub-section (1) of section 3, sub-section (1) of sector 9, clause (a) of section 10, sub-
section (1) of section 11 and sub-section (1) of section 13, for the words "State Government",
wherever they occur, the words "State Government or, as the case may be, the Central
Government" shall be substituted;
(b) in section 10, in clause (a), for the words " three months", the words "one year" shall be
substituted;
(c) in the Schedule,-
(i) paragraph 1 shall be omitted;
(ii) in paragraphs 2 and 4,-
(a) after the words "a local authority", the words and figures "or a corporation established by
or under a Central, Provincial or State Act, or an authority or a body owned or controlled or
aided by Government or a Government company as defined in section 617 of the Companies
Act, 1956 or a society aided by such corporation, authority. body or Government company"
shall be inserted;
(b) after the words "or authority", the words "or corporation or body or Government company
or society" shall be inserted;
(iii) for paragraph 4A, the following paragraph shall be substituted, namely: -
"4A. An offence punishable under the Prevention of Corruption Act, 1988.";
(iv) in paragraph 5, for the words and figures "items 2, 3 and 4", the words, figures and letter
"items 2, 3, 4 and 4A" shall be substituted.
30. Repeal and saving
(1) The Prevention of Corruption Act, 1947 and the Criminal Law Amendment Act, 1952 are
hereby repealed.
(2) Notwithstanding such repeal, but without prejudice to the application of section 6 of the
General Clauses Act, 1897, anything done or any action taken or purported to 'have been
done or taken under or in pursuance of the Acts so repealed shall, in so far as it is not
inconsistent with the provisions of this Act, be deemed to have been done or taken, under or
in pursuance of the corresponding provision of this Act.
31. Omission of certain sections of Act 45 of 1860
Sections 161 to 165A (both inclusive) of the Indian Penal Code shall be omitted, and section
6 of the General Clauses Act, 1897, shall apply to such omission as if the said sections had
been repealed by a Central Act.
Short title and
commencement.
THE PREVENTION OF CORRUPTION (AMENDMENT) ACT, 2018
NO. 16 OF 2018
[26th July, 2018.]
An Act further to amend the Prevention of Corruption Act, 1988.
BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:—
1. (1) This Act may be called the Prevention of Corruption (Amendment) Act, 2018.
(2) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint.
2. In the Prevention of Corruption Act, 1988 (hereinafter referred to as the principal
Act), in section 2,—
(i) after clause (a), the following clause shall be inserted, namely:—
‘(aa) ‘‘prescribed’’ means prescribed by rules made under this Act and the
expression ‘‘prescribe’’ shall be construed accordingly;’;
(ii) after clause (c), the following clause shall be inserted, namely:—
‘(d) “undue advantage” means any gratification whatever, other than legal
remuneration.
Explanation.—For the purposes of this clause,—
(a) the word “gratification” is not limited to pecuniary gratifications or to
gratifications estimable in money;
Amendment of
section 2.
49 of 1988.
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EXTRAORDINARY
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PART II — Section 1
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PUBLISHED BY AUTHORITY
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No. 28] NEW DELHI, THURSDAY, JULY 26, 2018/SHRAVANA 4, 1940 (SAKA)
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Separate paging is given to this Part in order that it may be filed as a separate compilation.
REGISTERED NO. DL—(N)04/0007/2003—18
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 26th July, 2018/Shravana 4, 1940 (Saka)
The following Act of Parliament received the assent of the President on the
26th July, 2018, and is hereby published for general information:—
31m Gazette of Ma
2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(b) the expression “legal remuneration” is not restricted to remuneration
paid to a public servant, but includes all remuneration which he is permitted by
the Government or the organisation, which he serves, to receive.’.
3. In section 4 of the principal Act, for sub-section (4), the following sub-section shall
be substituted, namely:—
“(4) Notwithstanding anything contained in the Code of Criminal Procedure,
1973, the trial of an offence shall be held, as far as practicable, on day-to-day basis and
an endeavour shall be made to ensure that the said trial is concluded within a period of
two years:
Provided that where the trial is not concluded within the said period, the special
Judge shall record the reasons for not having done so:
Provided further that the said period may be extended by such further period, for
reasons to be recorded in writing but not exceeding six months at a time; so, however,
that the said period together with such extended period shall not exceed ordinarily four
years in aggregate.’’.
4. For sections 7, 8, 9 and 10 of the principal Act, the following sections shall be
substituted, namely:—
‘‘7. Any public servant who,—
(a) obtains or accepts or attempts to obtain from any person, an undue
advantage, with the intention to perform or cause performance of public duty
improperly or dishonestly or to forbear or cause forbearance to perform such
duty either by himself or by another public servant; or
(b) obtains or accepts or attempts to obtain, an undue advantage from any
person as a reward for the improper or dishonest performance of a public duty or
for forbearing to perform such duty either by himself or another public servant; or
(c) performs or induces another public servant to perform improperly or
dishonestly a public duty or to forbear performance of such duty in anticipation
of or in consequence of accepting an undue advantage from any person,
shall be punishable with imprisonment for a term which shall not be less than three
years but which may extend to seven years and shall also be liable to fine.
Explanation 1.—For the purpose of this section, the obtaining, accepting, or
the attempting to obtain an undue advantage shall itself constitute an offence even if
the performance of a public duty by public servant, is not or has not been improper.
Illustration.—A public servant, ‘S’ asks a person, ‘P’ to give him an amount of
five thousand rupees to process his routine ration card application on time. 'S' is guilty
of an offence under this section.
Explanation 2.—For the purpose of this section,—
(i) the expressions “obtains” or “accepts” or “attempts to obtain” shall
cover cases where a person being a public servant, obtains or “accepts” or
attempts to obtain, any undue advantage for himself or for another person, by
abusing his position as a public servant or by using his personal influence over
another public servant; or by any other corrupt or illegal means;
(ii) it shall be immaterial whether such person being a public servant
obtains or accepts, or attempts to obtain the undue advantage directly or through
a third party.
Amendment
of section 4.
Substitution of
new sections
for sections 7,
8, 9 and 10.
Offence
relating to
public servant
being bribed.
2 of 1974.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3
‘‘7A. Whoever accepts or obtains or attempts to obtain from another person for
himself or for any other person any undue advantage as a motive or reward to induce a
public servant, by corrupt or illegal means or by exercise of his personal influence to
perform or to cause performance of a public duty improperly or dishonestly or to forbear
or to cause to forbear such public duty by such public servant or by another public
servant, shall be punishable with imprisonment for a term which shall not be less than
three years but which may extend to seven years and shall also be liable to fine.
8. (1) Any person who gives or promises to give an undue advantage to another
person or persons, with intention—
(i) to induce a public servant to perform improperly a public duty; or
(ii) to reward such public servant for the improper performance of public
duty;
shall be punishable with imprisonment for a term which may extend to seven years
or with fine or with both:
Provided that the provisions of this section shall not apply where a person is
compelled to give such undue advantage:
Provided further that the person so compelled shall report the matter to the law
enforcement authority or investigating agency within a period of seven days from the
date of giving such undue advantage:
Provided also that when the offence under this section has been committeed by
commercial organisation, such commercial organisation shall be punishable with fine.
Illustration.—A person, ‘P’ gives a public servant, ‘S’ an amount of ten thousand
rupees to ensure that he is granted a license, over all the other bidders. ‘P’ is guilty of an
offence under this sub-section.
Explanation.—It shall be immaterial whether the person to whom an undue advantage
is given or promised to be given is the same person as the person who is to perform, or has
performed, the public duty concerned, and, it shall also be immaterial whether such undue
advantage is given or promised to be given by the person directly or through a third party.
(2) Nothing in sub-section (1) shall apply to a person, if that person, after informing a
law enforcement authority or investigating agency, gives or promises to give any undue
advantage to another person in order to assist such law enforcement authority or investigating
agency in its investigation of the offence alleged against the later.
9. (1) Where an offence under this Act has been committed by a commercial organisation,
such organisation shall be punishable with fine, if any person associated with such commercial
organisation gives or promises to give any undue advantage to a public servant intending—
(a) to obtain or retain business for such commercial organisation; or
(b) to obtain or retain an advantage in the conduct of business for such
commercial organisation:
Provided that it shall be a defence for the commercial organisation to prove that it had
in place adequate procedures in compliance of such guidelines as may be prescribed to
prevent persons associated with it from undertaking such conduct.
(2) For the purposes of this section, a person is said to give or promise to give any
undue advantage to a public servant, if he is alleged to have committed the offence under
section 8, whether or not such person has been prosecuted for such offence.
(3) For the purposes of section 8 and this section,—
(a) “commercial organisation” means—
(i) a body which is incorporated in India and which carries on a
business, whether in India or outside India;
Offence
relating to
bribing a
public servant
by a
commercial
organisation.
Taking undue
advantage to
influence
public servant
by corrupt or
illegal means
or by exercise
of personal
influence.
Offence
relating to
bribing of a
public
servant.
4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(ii) any other body which is incorporated outside India and which
carries on a business, or part of a business, in any part of India;
(iii) a partnership firm or any association of persons formed in India
and which carries on a business whether in India or outside India; or
(iv) any other partnership or association of persons which is formed
outside India and which carries on a business, or part of a business, in any
part of India;
(b) “business” includes a trade or profession or providing service;
(c) a person is said to be associated with the commercial organisation, if
such person performs services for or on behalf of the commercial organisation
irrespective of any promise to give or giving of any undue advantage which
constitutes an offence under sub-section (1).
Explanation 1.—The capacity in which the person performs services for or on
behalf of the commercial organisation shall not matter irrespective of whether such
person is employee or agent or subsidiary of such commercial organisation.
Explanation 2.—Whether or not the person is a person who performs services
for or on behalf of the commercial organisation is to be determined by reference to all
the relevant circumstances and not merely by reference to the nature of the relationship
between such person and the commercial organisation.
Explanation 3.—If the person is an employee of the commercial organisation, it
shall be presumed unless the contrary is proved that such person is a person who has
performed services for or on behalf of the commercial organisation.
(4) Notwithstanding anything contained in the Code of Criminal Procedure,
1973, the offence under sections 7A, 8 and this section shall be cognizable.
(5) The Central Government shall, in consultation with the concerned
stakeholders including departments and with a view to preventing persons associated
with commercial organisations from bribing any person, being a public servant, prescribe
such guidelines as may be considered necessary which can be put in place for
compliance by such organisations.
10. Where an offence under section 9 is committed by a commercial organisation,
and such offence is proved in the court to have been committed with the consent or
connivance of any director, manager, secretary or other officer shall be of the commercial
organisation, such director, manager, secretary or other officer shall be guilty of the
offence and shall be liable to be proceeded against and shall be punishable with
imprisonment for a term which shall not be less than three years but which may extend
to seven years and shall also be liable to fine.
Explanation.—For the purposes of this section, ‘‘director’’, in relation to a firm
means a partner in the firm.’’.
5. In section 11 of the principal Act,—
(i) in the marginal heading, for the words ‘‘valuable thing’’, the words ‘‘undue
advantage’’ shall be substituted;
(ii) the words ‘‘or agrees to accept’’ shall be omitted;
(iii) for the words ‘‘valuable thing’’, the words ‘‘undue advantage’’ shall be
substituted;
(iv) for the words ‘‘official functions’’, the words ‘‘official functions or public
duty’’ shall be substituted.
6. For section 12 of the principal Act, the following section shall be substituted,
namely:—
Person in
charge of
commercial
organisation
to be guilty of
offence.
Amendment
of section 11.
Substitution of
new section
for section 12.
2 of 1974.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5
“12. Whoever abets any offence punishable under this Act, whether or not that
offence is committed in consequence of that abetment, shall be punishable with
imprisonment for a term which shall be not less than three years, but which may extend
to seven years and shall also be liable to fine.”.
7. In section 13 of the principal Act, for sub-section (1), the following shall be
substituted, namely:—
“(1) A public servant is said to commit the offence of criminal misconduct,—
(a) if he dishonestly or fraudulently misappropriates or otherwise converts
for his own use any property entrusted to him or any property under his control
as a public servant or allows any other person so to do; or
(b) if he intentionally enriches himself illicitly during the period of his
office.
Explanation 1.—A person shall be presumed to have intentionally enriched himself
illicitly if he or any person on his behalf, is in possession of or has, at any time during the
period of his office, been in possession of pecuniary resources or property disproportionate
to his known sources of income which the public servant cannot satisfactorily account for.
Explanation 2.—The expression ‘‘known sources of income’’ means income received
from any lawful sources.”.
8. For section 14 of the principal Act, the following section shall be substituted,
namely:—
“14. Whoever convicted of an offence under this Act subsequently commits an
offence punishable under this Act, shall be punishable with imprisonment for a term
which shall be not less than five years but which may extend to ten years and shall also
be liable to fine.”.
9. In section 15 of the principal Act, for the words, brackets and letters “clause (c) or
clause (d)”, the word, brackets, and letter “clause (a)” shall be substituted.
10. In section 16 of the principal Act,—
(a) for the words, brackets and figures, “sub-section (2) of section 13 or
section 14”, the words, figures and brackets “section 7 or section 8 or section 9 or
section 10 or section 11 or sub-section (2) of section 13 or section 14 or section 15”
shall be substituted;
(b) for the word, brackets and letter “clause (e)”, the word, brackets and letter
“clause (b)” shall be substituted.
11. In section 17 of the principal Act, in the second proviso, for the words, brackets,
letter and figure “clause (e) of sub-section (1)”, the words, brackets, letter and figure
“clause (b) of sub-section (1)” shall be substituted.
12. After section 17 of the principal Act, the following section shall be inserted,
namely:—
“17A. (1) No police officer shall conduct any enquiry or inquiry or investigation
into any offence alleged to have been committed by a public servant under this Act,
where the alleged offence is relatable to any recommendation made or decision taken
by such public servant in discharge of his official functions or duties, without the
previous approval—
(a) in the case of a person who is or was employed, at the time when the
offence was alleged to have been committed, in connection with the affairs of
the Union, of that Government;
(b) in the case of a person who is or was employed, at the time when the
offence was alleged to have been committed, in connection with the affairs of a
State, of that Government;
Substitution of
new section
for section 14.
Amendment
of section 15.
Punishment
for habitual
offender.
Amendment of
section 16.
Amendment of
section 17.
Insertion of
new section
17A.
Enquiry or
Inquiry or
investigation
of offences
relatable to
recommendations
made or
decision taken
by public
servant in
discharge of
official
functions or
duties.
Punishment
for abetment
of offences.
Amendment
of section 13.
6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
(c) in the case of any other person, of the authority competent to remove
him from his office, at the time when the offence was alleged to have been
committed:
Provided that no such approval shall be necessary for cases involving arrest of a
person on the spot on the charge of accepting or attempting to accept any undue advantage
for himself or for any other person:
Provided further that the concerned authority shall convey its decision under this
section within a period of three months, which may, for reasons to be recorded in writing by
such authority, be extended by a further period of one month.’’.
13. After Chapter IV of the principal Act, the following Chapter shall be inserted,
namely:—
‘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.".
15. For section 20 of the principal Act, the following section shall be substituted,
namely:—
‘‘20. Where, in any trial of an offence punishable under section 7 or under
section 11, it is proved that a public servant accused of an offence has accepted or
obtained or attempted to obtain for himself, or for any other person, any undue
advantage from any person, it shall be presumed, unless the contrary is proved, that
he accepted or obtained or attempted to obtain that undue advantage, as a motive or
reward under section 7 for performing or to cause performance of a public duty
improperly or dishonestly either by himself or by another public servant or, as the case
may be, any undue advantage without consideration or for a consideration which he
knows to be inadequate under section 11.".
16. In section 23 of the principal Act,—
(a) in the marginal heading, for the word, figures, brackets and letter
“section 13 (1) (c)”, the word, figures, brackets and letter “section 13 (1) (A)” shall be
substituted;
(b) for the word, brackets and letter “clause (c)”, the word, brackets and letter
“clause (a)” shall be substituted.
17. Section 24 of the principal Act shall be omitted.
18. After section 29 of the principal Act, the following section shall be inserted,
namely:—
"29A. (1) The Central Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power,
such rules may provide for all or any of the following matters, namely:—
(a) guidelines which can be put in place by commercial organisation under
section 9;".
(b) guidelines for sanction of prosecution under sub-section (1) of
section 19;".
(c) any other matter which is required to be, or may be, prescribed.
(3) Every rule made under this Act, shall be laid, as soon as may be after it is
made, before each House of Parliament, while it is in session, for a total period of thirty
days which may be comprised in one session or in two or more successive sessions,
and if, before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any modification in the
Substitution of
new section for
section 20.
Presumption
where public
servant
accepts any
undue
advantage.
A m e n d m e n t
of section 23.
Omission of
section 24.
Insertion of
new section
29A.
Power to make
rules.
rule, or both Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be without prejudice to the
validity of anything previously done under that rule.”.
19. In the Prevention of Money Laundering Act, 2002, in Part A of the Schedule, for
Paragraph 8, the following Paragraph shall be substituted, namely:—
“PARAGRAPH 8
OFFENCES UNDER THE PREVENTION OF CORRUPTION ACT, 1988
(49 OF 1988)
Section Description of offence.
7. Offence relating to public servant being bribed.
7A. Taking undue advantage to influence public servant by corrupt or illegal
means or by exercise of personal influence.
8. Offence relating to bribing a public servant.
9. Offence relating to bribing a public servant by a commercial organisation.
10. Person in charge of commercial organisation to be guilty of offence.
11. Public servant obtaining undue advantage, without consideration from person
concerned in proceeding or business transacted by such public servant.
12. Punishment for abetment of offences.
13. Criminal misconduct by a public servant.
14. Punishment for habitual offender.”.
————
DR. G. NARAYANA RAJU,
Secretary to the Govt. of India.
A m e n d m e n t
of Act 15 of
2003.
GMGIPMRND—1063GI(S3)—26-07-2018.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— SEC. 1]