Section 167A in The Jammu and Kashmir State Ranbir Penal Code, 1989
167A. [ Public servant knowingly authorising payment in respect of contracts for executive of a work or supply of goods when the work done or the goods supplied is not in accordance with the contract. [Section 167-A inserted by Act IX of 1983, section 19.]
- Whoever, being a public servant competent to authorise payment on behalf of the Government or other public authority in respect of any contract for the supply of any goods or the execution of any work, authorises such payment, knowing,-(a)in the case of a contract for the supply of goods, that the contractor has supplies goods which are less in quantity than, or inferior in quality to, those he contracted to supply or which are, in any manner whatever, not in accordance with the contract, or(b)in the case of a contract for the execution of any work, that the contractor has used materials, which are less in quantity than, or inferior in quality to those he contracted to use, or which are, in any manner whatever, not in accordance with the contract, shall, in the absence of lawful excuse the burden of proving which shall be on him, be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.Explanation. - In this section, 'public authority' means-(a)a corporation established by or under a Central or State Act;(b)a Government company as defined in section 617 of the Companies Act, 1956; and(c)a local authority.]
