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| 21. |
"Public
servant".- |
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| The words "public
servant" denote a person falling under
any of the descriptions hereinafter following,
namely:- |
| [***] |
| Second
- Every Commissioned Officer in the Military
Naval or Air Forces of India; |
| Third
- Every Judge including any person empowered
by law to discharge. whether by himself or
as a member of any body of persons, any adjudicatory
function; |
| Fourth
- Every officer of a Court of Justice (including
a liquidator, receiver or commissioner)
whose duty it is, as such officer, to
investigate or report on any matter of
law or fact, or to make authenticate,
or keep any document, or to take charge
or dispose of any property, or to execute
any judicial process, or to administer
any oath, or to interpret, or to preserve
order in the Court, and every person specially
authorized by a Court of Justice to perform
any of such duties; |
| Fifty
- Every juryman, assessor, or member of a
panchayat assisting a Court of Justice
or public servant; |
| Sixth
- Every arbitrator or other person to whom
any cause or matter has been referred for
decision or report by any Court of Justice,
or by any other competent public authority; |
| Seventh
- Every person who holds any office by virtue
of which he is empowered to place or keep
any person in confinement; |
| Eighth
- Every officer of the Government whose duty
it is as such officer, to prevent offences,
to give information of offences, to bring
offenders to justice, or to protect the
public health, safety or convenience; |
| Ninth
- Every officer whose duty it is, as such
officer, to take, receive, keep or extend
any property on behalf of the Government,
or to make any survey, assessment or contract
on behalf of the Government, or to execute
any revenue-process, or to investigate, or
to report, on any matter affecting the pecuniary
interests of the Government, or to make, authenticate
or keep any document relating to the pecuniary
interests of the Government, or to prevent
the infraction of any, law for the protection
of the pecuniary interests of the Government. |
| Tenth -
Every officer whose duty it is, as such
officer, to take, receive, keep or expand
any property, to make any surveyor assessment
or to levy any rate or tax for any secular
common purpose of any village, town or district
or to make, authenticate or keep any document
for the ascertaining of the rights of the
people of any village, town or district; |
| Eleventh -
Every person who holds any office in
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; |
| Twelfth
- Every person:
| (a) |
in the service or pay
of the Government or remunerated by
fees or commission for the performance
of any public duty by the Government; |
| (b) |
in the service or pay
of a local authority, a corporation
established by or under a Central,
Provincial or State Act or a Government
company as defined in section 617
of the Companies Act, 1956 (1
of 1956). |
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Illustration |
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| A Municipal Commissioner
is a public servant. |
| Explanation
1.- Persons falling under any of the above
descriptions 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. |
| [Explanation 3:- The word "election denotes an election
for the purpose of selecting members of
any legislative, municipal or other public
authority, of whatever character, the method,
of selection to which is by, or under, any
law prescribed as by election. |
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