Section 39. lf any public servant is convicted of an otfence under the Prevention

of Corruption Act, 1988 by the Special Court, without prejudice to any
law for the time being in force, it may make an assessment ol loss, it
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 lrom
such beneficiary or beneficiaries proportionately.
CHAPTER.XII
FINANCE, ACCOUNTS AND AUDIT