The Lokpal and Lokayuktas Act, 2013
31. Confiscation of assets, proceeds, receipts
and benefits arisen or procured by means of corruption in special
circumstances.
1. Without
prejudice to the provisions of sections 29 and 30, 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
authorise 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 interest at the rate of five per cent. per annum
thereon calculated from the date of confiscation.