THE PENAL CODE Ninth. - Every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of Government, or to make any survey, assessment or contract on behalf of Government, or to execute any revenue-process, or to investigate, or to report, on any matter affecting the pecuniary interests of Government, or to make, authenticate or keep any document relating to the pecuniary interests of Government, or to prevent the infraction of any law for the protection of the pecuniary interests of Government, and every officer in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty (or every member of the Government); Tenth. - Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or 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. Illustration A member of Development Committee or Body 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” means the selection, by any method which is by law prescribed as by election, of any person as a member or officer of or to any office in the the respective Hluttaw or any Development Committee or Body or other public authority. <Amendment 07.01.2016> “Moveable property.” 22. The words “moveable property” are intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth. “Wrongful gain.” 23. “Wrongful gain” is gain by unlawful means of property to which the person gaining is not legally entitled. “Wrongful loss.” “Wrongful loss” is the loss by unlawful means of property to which the person losing it is legally entitled. Gaining wrongfully. Losing wrongfully. A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property. “Dishonesty.” Page 4 of 125