Section 39
Assessment of loss and recovery thereof by special court.
The Lokpal and Lokayuktas Act, 2013
About this Act
An Act to provide for the establishment of a body of Lokpal for the Union and Lokayukta for States to inquire into allegations of corruption against certain public functionaries and for matters connected therewith or idental thereto.
If any public servant is convicted
of an offence under the Prevention of Corruption Act, 1988 (49 of 1988) by the special Court,
notwithstanding and without prejudice to any law for the 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.
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.