Section 4H in The Prevention of Corruption Act, Svt. 2006 [Jammu and Kashmir]
4H. Public servant knowingly authorizing payment in respect of contracts for execution of a work or supply of goods when the work done or goods supplied is not in accordance with the contract.—
Whoever, being a public servant competent to authorize payment on behalf of the Government or other public authority in respect of any contract for the supply of any goods or services or the execution of any work, authorizes such payment, knowingly,—(a)in the case of a contract for supply of goods and services, that the contractor has supplied goods or services 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 contract for 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 five years, and shall also be liable to fine.Explanations :—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.
