(1) Without prejudice to the provisions of section 37 where the Special Court, on the basis of prima facie evidence, has reason to believe or is satisfied that the assets, proceeds, receipts and benefits, by whatever name called, have arisen or procured by means of corruption by the public servant, it may authorize the confiscation of such assets, proceeds, receipts and benefits till his acquittal.
(2) Where an order of confiscation made under sub-section (1) is modified or annulled by the High Court or where the public servant is acquitted by the Special Court, the assets, proceeds, receipts and benefits, confiscated under sub-section (1) shall be returned to such public servant, and in case it is not possible for any reason to return the assets, proceeds, receipts and benefits, such public servant shall be paid the price thereof including the money so confiscated with the interest at such rate as may be decided by the Special Court calculated, from the date of confiscation.
(2) Where an order of confiscation made under sub-section (1) is modified or annulled by the High Court or where the public servant is acquitted by the Special Court, the assets, proceeds, receipts and benefits, confiscated under sub-section (1) shall be returned to such public servant, and in case it is not possible for any reason to return the assets, proceeds, receipts and benefits, such public servant shall be paid the price thereof including the money so confiscated with the interest at such rate as may be decided by the Special Court calculated, from the date of confiscation.
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Section 1 · Short title, extent and commencement.Section 2 · Definitions.Section 3 · Establishment of Lokayukta.Section 4 · Appointment of Chairperson and Members.Section 5 · Filling of vacancies of Chairperson or Members.Section 6 · Term of office of Chairperson and Members.Section 7 · Salary, allowances and other conditions of service of Chairperson and Members.Section 8 · Restriction on employment of Chairperson and Members after ceasing to hold office.India Code, Government of India. Text fetched 21 Oct 2026. Check the linked official text and subsequent notifications when applying a provision.