23. A person-
(a) who attempts by any threat, deceit, suppression of the truth or other unlawful means to influence any member of a local authority, or of a scheduled institution, or of the governing body of a scheduled institution in giving or withholding his vote in favour of or against any measure, motion, resolution or question submitted to any meeting, or in not attending any meeting, of such local authority, scheduled institution, or governing body or of any committee thereof, or |
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(b) who attempts by any such means as in the last preceding paragraph mentioned to influence any member or any officer or employee of a local authority, or of a scheduled institution, or of the governing body of a scheduled institution to aid in procuring or preventing the passing of any vote or the granting of any contract or advantage in favour of any person,or to perform or abstain from perofrming or to aid in procuring, expediting, delaying, hindering or preventing the performance of, any official act, |
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(1) Where a person has or had acquired any property on or after March 1, 1954, and such property- (a) being money, cannot be or could not have been- (i) part of his known income or receipts, or (ii) money to which any part of his known receipts has or had been converted ; or (b) being property other than money, cannot be or could not have been- (i) property acquired with any part of his known income, or (ii) property which is or was part of his known receipts, or (iii) property to which any part of his known receipts has or had been converted, |
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(2) In subsection (1), "income" does not include income from bribery, and " receipts " do not include receipts from bribery. |
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(3) A person who is or had been the owner of any property which is deemed under subsection (1) to be property which he has or had acquired by bribery or to which he has or had converted any property acquired by him by bribery shall be guilty of an offence punishable with rigorous imprisonment for a term of not more than seven years and a fine not exceeding five thousand rupees : |
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(4) No prosecution for an offence under this section shall be instituted against any person unless the Bribery Commissioner has given such person an opportunity to show causa why he should not be prosecuted for such offence and he has failed to show cause or the cause shown by him is unsatisfactory in the opinion of such Commissioner. |
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