... :t~" r ,; ", 92' ,,~ " '4~ . ~ 'THE MADHYA PRADESH VINIRDISHTA BHRASHTA ACHARAN NlV ARAN:."'~li, ' . I ~\ ". ADHINIYAM. 1982. ';j, .•,ii;::iqA 4V;:;~',~;:k.\.,', ", (No. 96 01' (982), " '., <c. ~ ' : '" , [aeeel ved the assen t of'the Governo' on the ,29th Oetoher, 1982;' aSSeni first publi,hed'M): it , "th,c: 'Madhya, P,ade~h !'Ia':"e (E "eaoedinary)" da ted the 3~th' Oe;ober 1982.] ,:,,',; :~ .. ,,:,~' ".' __:;" ':, . ,., ". " ' .. "" . ',i "'.~'., "'," __,'_""j i~ "\.-, , .. '..,An Act to provide for punishment of specific co ..rrupt practices resorted'to by>:f ,'." . the persons serving in connection with the affairs of the State or of" public f i!' .ndertaki ng •• " iocal a .tbo cities, co'operat! vcSOcieties or ,o,tber .••n stit 0 tlons", ;~~., .or organisations aided by State Government and bY-'some'otber,persons in.'~ :~ : • ."t',~"." • ,', their dealings',wlth the State Govern ment and' aforesaid bodies with,a view to ,~M ,':. :".' ".:~~,; .:,,' eradicate and.effectively·prevent sucl,1 practices and~Cor other-miscellaneous; ~ '"~~': 'g~:;~~~;-.matl~~~"c~~~.,.~~d,'!,~,.~~VI: tb:. ,,0 " , ; '" ,,' ':: i •..'\ :'5;;:;'2'; ''','':;;:~'>\'':E, ~ " ," ",,' <", Be it eHae 'cd by tbeMadhya,Pen desh Legi'la tUte in the Tili e 'y'thl rli ye.r· of llie aepubli c! ~.• :",' it:,,, of, Indiu.; US"· follows.:- :'., ',', " .' ," ", , ' ,>., ~,'~' . " .. '.,; '.~. ,:,'"::,, ':',:'': '.", , , " , ', .•. ," ••... " ',' , " ,.,'.', ,'~,.:." ,,'S ta t~ ~~:t':: : bj eets .~d R •• so .;~-::~e~:.cral ' I~VI''eel::;:g' t~ : :;;~~n;io:·:;lf:~ :~.•. '. ,''- ' . eorc'\P'io~ l1"ve not be"" .ble to folly aeh;eve '110~csie~J objective o~ O""OUlll~f too m~eh 'i: • " of geneealisa,llollO, It ,nppear.d to be neeessaey to •den tJfy and effecl' vely 'pulll,h specIfic ',il ~ , : poi,nt, of core.ptiM ' in e.la tion to the' over expen din g planning, deve/opmen t and.!, <t ',' , ',' constructiOn actiyitieswhero largo public funds aro involved and in relation to other matter.'ii ,A, thom"tl"· Via' urgen' and tb~ Vidh,n Sabh. Was no' in "ssion, the 'M.dhya Peadesh~, i "c' : Vinird i'b ta 'Bh,. ,h" Achaean' N ivaeaI' Adhyadcsh.1982' (No, 15 of1982)' Vias pc omu/gated:I .-:,;,:" fort he'p uepose. It iSH~VIpropose d to replace t~e,Said oedi Oaneeby an' Act' of the, S•• te" ~ '.• '.'"..... Legi~Ia.~ure with. fertam· moddicatlOns. " . "':. ":' ", ~ .' '\:'" "'.: '.;. 1~.d. :-. •• , •• ~ .•.. ,. ! ~.,.::~"',",':.: '.:'2.' Henc~:. this < )~ill ..,..;:. :', < .' , . ,: '. I, "'. ,. ' ,',7.' ,"\:",.' ',',,'. ' ....• 'l ':'"".:; ;. ;,,:",' ,;;\''::,.'~,"CHAPTER I~PRILIMINAE.Y . " i''.., '::"<'I. ' S bo rt II tic a.d OxIe. t,-( I) Thi" Ac' ma y he .allod tile Madhya' Pradesl1 Vinir.! ' . dishtllllhrashta Acharan,Nivarah Adhiniyam. 1982... , .. J' t'. _J, "_,,j',,' ,. I I " .' ~ • . . . : "(2). It extends to tl1e whole, of .Madhya Pradesh. , , ,'; '-' '. " ~,: ", '. '.' . '''. '. ' ... , .• '. , J' . '. \', .,' ; j":') •.. Derina~Jons:-~Jl" this-A,ct. unless the ,f0ntext ,otherwise requires.-:- '. ',' .. '.' " .:. (a) "Local authority" means. ":"'(i) A Municipal Corpora·tion constituted undor tho" . , .'. i',: • Madhya Pradosl,l Municipalitios Act, 1956 (No ..23 of 1956).<, .. \" ' , , '. " ' '.'
(ii) A Municip:tl Council constituted under the!Yfadhya Pradesh. Municipalities: ' .. , ~ct, 1961 <l':C0-'37.of 1961).', . ,', " "', '. ," '. ", - \', " , ' , .• \ "", ", ..' (iii) A 'Pa~chayat constitu,tod under tho Madhya Prudes)) Panchuyat Adhiniyum,:~ ',:""-"',;,,'" 1981 (No. 35,ofI981). ',' " ".', "'~'{l'r.;~>,:,::::::,,~ ,.'., .' ' , ' • , ',' c', '., " ' " '. ", ::,,: ' ;'.<iV),-A 'M~~di 'Samiti,'conUituted under tbe Madby~ Prade.ui'I}riWlj U:Pi>!, ~~i. .:.:,'- ,.;' .. :,... Adbl/1lyam,!Q77 (No. 24 of 1973). i' .. ,',' .'. ~,/. ~ ,\." :~ ' •. ' ":, •l\b i"'Offi~er" ;,..,~, a' perSOn 'eevi ng in ;'",n ee'ion witb the allairs of the St~Ie;,publlo c . :'':'" . ';' ,': c,; un dertaki ng, local authori Iy, co-opeea h ve so••• ty Or any otber m,t.lutlOn .' ',::,' ·'ororganisation aided by the·State.Qovernment; . ' :', . ,,,' , (c) "Publi. Ullder 'aking" \ means 'n Gove ru men t company within tbe menning of::, .' ': . soction617 of tho Companies Act, 1956 (No.1 of 1956),and includes a Corpora-;., ' tion or other sta tutory bOdy, by wha tever narue cal~ed. in each case (owned or h 'COntrolled by 'the State Government. "'I': . . -~- - f ,i ; '~.:~, ·~''''r:''·,:·-,···'-: •.• _ .. '. ~.. ', . " " . '\ I I I r I 93 I''';:' "Works deputment" means a department of the State Government, a public undertaking, a local authority,-or a co-operative society registered under the Madhya PradeSh Co-operative Societies Act, 1960 (No. 17 of 1961), which gives a works contractor under Wh06C orders, directions or control works contract is entered into or work is done and shall include an institution or organisation substantially aided by State Government, as the State Government may, by notification, specify. "Officer of the works depiu;tment" meal,ls ttle officer, whatever be the designation, employed in the works department and concerned with the survey, construction, replirs, maintenance, supervision, planning, draWing, designing, purchaae, supply or store of gO()di,mechanically propelled oretectrically operated vehicles of (111descriptions; plant,· machinery, tools, spares or all other materials or equipments and includes an officer or official responsible to make payment of bills advances, in relation to the work. o ._. '. _ ••• "Supervisory officer" meanS an officer whose duty it is to supervise the work as per instructions eontained'lU ' the Manual applicable ~o tliewcirks department or contained in any order or direction issued by the'workS department, from time to time.
(g) '~con~ractor~' in relation to a work means a person who, undertakes to execute the workullder a works department, in pursuance pf a conlract and inclu4es, wher~ the context so requires, a sub-Cpntractor and all other agencies and ~i:son& employed by him Qr wor:kin~ under him or under his CQntrpHof t-\1~ex~ti9~ ofsuch work andthe expreSSiOn"w()rks contract~~shaU be~nstrued~ccor9in~I~;
(c) "O~ce~-in-?har~e'" .qJ,eansan officer \n ~elatiol,l t~~ w~r'~~~4~J; a Wq~p contract W.il()IS pnmarllyand directly responsll* on the. W9.r~~~e tos~e t~~ the ~Ol~ ofspecific part of the work is duly executed in aCC()rdance wi~~ t9.e terms" cone:!i· tiOilSand sp~cifications of the works contract and the instructions, directions or work order issued by the supervisory officers or bY the works 4epartmel,lt from time to time; ,
(d)
(b)
(f) "Work" meanS any work relating to survey, construction, repairs or maintenance, of any building, supeutructure, dam, wl?ar, cana\, reservoir, tank, lake, road, bridge, culvert, wen inCluding tube-well, factory, workshop, water supply system electric installation system or any other work which the State Government may by notification, specify in. this behalfand inc1u4es surveying, plann.ing drawing, designing, purchase, supply or storage of goods, mechanically propelled or electrically operated vehicles of all descriptions, plant, machinery, tools, spares or all other material. and equipment relating to the construction, m.iintenance or r~p.lirs of any of the aforesaid works";
(e)
3. Dctinitlons.-In this Cha1>~erunle$s the cont~xt otherwise requires.-
(a) "c()n~truction" means. all activities. pert-a,ining to the conf:'tru~tipn of 8; 'York and Includes excavation, til~ing, levelling and other allied activit~es. ,.'
4. Punish ment of contractor for violation of contract etc.-Whoever, being a contractor of a works contract entered into wi th a works department intentionally, kTiowingly or for corrupt motive executes the work in material violation of the terms of thccoEtr2.ct or in fh.grant disegard ofthe standards; specifications, orders or directions given by the works department or itsofiicers so as to adversely afl'ect the quality, workmanship, strength or life of the work or part of it, shall be pU"lished with imprisonnent of ei ther description 'Yhich may extend to three years or with fine or both .. .~, offi dep 1 being shall with (a (b i, shall Ix :1 .1- rr ~'::' Whoeve ~ther m I shall be p with fine { I I Exp of metai,
(d) incorrectIy elassifies a .trata under excavation for lDakiugpaymenl al a higherrate, or
(a) pCOCOr•• obtaios or attempts to proCure or ob",ins f~r himself or for. aoy nthe, person Work under a Workscontract by submittIng flcltlt1ous,competJhve tenders in the name of false, or non-existent or bogus pe-rson; or
(b) eoters ioto a co",piracy wi'h any olher tenderer or tenderers in order to eliminate the co'ope'itioo for thc purpose of p",hing ooe of the colIu,ive low;rate tender.for acceptance; Or
(c) employs Or take, active help ofa oear relatiVe or of aoy other persoo io a positioo to unduly influence the otricer having authOrity to accept the tender, . .i. POOI.h •• eol of oltieer-IO'eh •• ge fot laek.of .0pervlsloD._Whoever. being an o.'Ii?er'lO:oh"ge of a Worhader a Wcrk, con tra ct. b" ng execated by a OOnt" ctor or other-' WIse, intentIOnally or knowIng!y_
(a) permits or' colnives at, or
(b) oUlits to prevent or to repart about, or
(c) abets for corrupt motiNe, The work being do .1ein (i) m"erial viola tion of th e lerms of the COntract. or (n) flag ran ; <tis,egard of the st'n d lCd,. Sp.ecifiCdlions orders or directi~as gi vea by Ih e worb depetmen t or tis officers 10 ellhe, case so as 10 ad~er"ly ;<IfeetIh~qu,!' ty, workmanship. strength Or life 0( the work or pm of d, shall be panlshed w. th Imp""'nm •• t of oither doseri plioo whichmay extent to three years or with fine or both. , .
6. PonishmeOI fo. p.epa.lug fal •• o. fietitloos MO.le. Roll. 0. Me •• oremeol booto.-Whoever, be'iog offieer-iir-charge of a work in connection wilh lhe relief Wnrk orany other work intentionally or knowingly.-.;
(a) prepares a false Or fictitious muster roll, or
(b) prepares a false or fictitious measurement book, Or
(c) makes payznent for false Or fictitious lead or false or fictitious excavationsand, earth, 01 , Expl.n'lion.~Ncar relatioo io lhis section means 'sou, graod '"n, father, mother, spouse, brother, sister, brother-in-law, father-in-law and mother-in-law.
(e) pays for no work or i,nadequate Or for fictitious or bogus Work, or (I) pays at rates Ihat are grossly inappropriate or makes deliberate overpayments. in-violation of rules and orders, lIlall be punished with imprisnlllDenl of either description \Vhich may extent 10 th •.•• years orwith fine or both.
7. PooisbmeOI fo. SOtreplilinus sale of soppHed male.ial by eoolraclor._ WhOever. being a COntractor under a worb contracl sells or otherwise transfers eemen~ iron, or any olher material supplied by the worb department for the Work as per specifications, instead of properly u'ilizing the same in the Work or instead of returning the unnsed or excess material back to the worb department, shall be punished wi'h imprisonment of ei ther descri-ption whiCh may extend to three years Or with fine or both.'
8. P u01sb meot for Sub milti og maoi Pnlaled Ie nders. ~ Whoever being a tendererfor a'Work under a Works department._ shall be puoi,hed with imprisonment of either descriptioo whiCh may exteod to three year,or with fir..e or both. \ I. shall be punished with imprisonment of either description Which may extend to three years of with fine Or both. Jrrecommendin. tender. - Wiloever, being an tender on behalf of a works ,;
95 .-------- -~---------~----
9. Punisb ment to officer accepting mulpulated officer of a works departrr.ent, haviag l\uthority to accept <1 department.-
(a) abets the cGmnission of an offence under section 8 by :l;;~ptIl.> for acceptance such tend~r; or
(b) dishonestly manipulates evaluation of tenders with the object of giving benefit to a particular tenderer, shaH be punished with imprisonment of either description which may extend to three years or with fine or both ..
(b) permits unauthorised use of goods; pIaat machinery, tools; spares or other material . and equipments from the stores,causiilg substa-ltial loss to the works department shall be punished with impriosnment of either description which may extend to three years or with fine or both.
(a) makes misrepresentation in respect to the quantity supplied; Or
(b) 'supplies sub-standard goods, plants; machinery, tools, spares, or other materials or equipm~nts which are not of mercantile quality or not in ac;ord with the S Im[:>lesx s)e;Jicatio.ls given i.l the order of supply,
11. Punisb ment fof supply of substandard or lesser quantity of goods, etc.- Whoever, being a contractor:for the supply of g:>ods, plants, machinery, tools spares or 'Other materials Or equipments-
10. Punish ment for wrongful or 'unautbal'iseddispos~l !>f ploperty.-Whoever, being an officer of a works departm~nt, dishon.estly, wrongfully or fraudulently _
(a) disposes of or otherwise transfers; Or
Explanation.-·ln this section, contractor for tile supply of goods, plants, machinery, tools, spar~s or other m'iterials or eq1lip.me'lts m.:ans any person who under a contract supplies any gJods, plants, m~;:;~1i;}ery,to.:>ls,spares or other materials i .or equipments to any works department or its officer Or to a contractor .~ engaged for a work under a works contract. :1 12. Punishment of officer of works department for abetting of fences under ~ section 11.-Whoever, ~ing au officer ora works departm~nt, having authority to accept the ..~ supplies ma~e by the contract,or in pur5ua~lc~ of an order. of supply given to him, abets the t offence punishable under section 11 ~uowmgly .by acc·;:ptlng the supply 0f, g~:)Qjs,. plants, ~ machinery, tools, spares or other matenals or eqll!?:n.:ats ~Il:lll.b~ pU'llshed With ImpnSO'lment 1 .of either description which may extend to three years or With fllle or both.
13. punish ment 10t splitthag up purchase orders.-Whoever, being an officer of the works department, with mala fide inte!ltioll resorts to splittin~'of purchase order in order to enable him to effect the purchases WhICh would have otherWise been beyond the pale of . his fina.ncial authority to do so, or in flargant breac:l of the est!lblished p~ocedure for the purchase of goods, plants, machi~ery, tools;.sp~res or. other materials or equipments, ~hall.be punished with imprisonment of either descriptIOn which may extend to one year or WIth rIn.~ or both. --------------_.•.~ .. ,. 96
CHAPTER II~-OfFENCES 90Nl\{EC~ED WITH FO~EST P~O:PUGB be" 14. Pu~ishm~nt ~or illicit feUing or disliossl of for£st produce.-Whoever fo:e ng a~ off!c~r prImarIly and directly in-,~ha~g(f.ro~ ~e preservation and maintenance o'r . st ,area Or dIsposal of for~3t produ~, haVIng JumdlctlOn or concern with tbe forest area IOtentt<;malIyOr knJwingly permits, cO:lnives, abets or suffers on account of his' omission tdsupervIse, prevent Or report the _ '. ' .
(i) illegal felling of trees or logs, or
(ii) illegal girdling or tappings, or
(iii) theft of wood, timber or bamboos or other forest produce, or
(iv) illegal quarrying of stones, or
(v) illegal bu~ning o~ lin;t.eor. charcoal from the area, for commercial purpose shal I be PUnIshed wIth Imp!1sonment of either description which shall be not less than one Y.lar blt w\i::'l !Ilj ex:t~ni t) tl1re~y~ln a:1d shill also be liable to fine:
Provided that the Court may for any special reasons to be recorded in writing, impose a sentence of imprisonment of 1e~sthan one year. I Il CHAPTE ii,
18. Pt eutets in~o , {)thd contra punis~ed wit or with fine II
19. Pu tion.} Who~ otherWIse de
(a) liq I ;(b) an: shauJi
Explanation. -The provisions of this section shall not make liable as an abettor, any person having nistar Or any other rights under any law for the time being in force, or by any order made thereunder to remove Or use any forest produce from a forest area. IS. Punish ment for falsification of bid-sheet and manipulation of transit passes.-Whocver, being an officer.-
(i) manipulates bid-sheets in relation to auction of forest produce, or
(ii) manipulates issue of fictitious transit passes with a view' to give benefit to any person Or for causing wrongful loss to the Government department, shal! be punished' with imprisonment of either description which may extend to three yearsOr wIth fme or with both.
CHAPTER IV-OFFENCES RELATING TO CLAIM OR AWARI) OF DISPROPOR- TIONATELY EXCESSIVE COMPENSATION.
16. Punish ment for false or fictitious clai ms.-Whoever, by misrepresenting facts, claims compensation for non-existent or fictious property or in the name of nonexiste11.!~r fictitious person or by giving false Orfictitious description of the property for grossly exaggeratIng the value thereof, in a matter relating to the acquisition of such propery, shall be ~unished with imprisonment of either description which may extend to three years or wit hfine Or both.
17. 'Punish men! for a wud of disproportionately excessi ve co mpensation.- Whoever, being an officer empowered under any law or by an order. or otl1erwise .direct~d to assc~s0r award c:>m:J::nsltiorr for acquisition of property, dishonestly with a malafide lutentlOll- "(i) if c Iii) if ; I Explana I 't I
CHAPTER I
20.1 Puui Wnoevir, appli existent1lficn n, for sub-rliWng c mayext~nd to t II E"{planat I ot i ar. ot Su ra of
(i) assess"':sOr awards compensation which is excessive so as to be grossly dispropor tioilatc to tll.: m'l,ket value of the prop'~rty S0 acquired, or in violation of any direction of law for the tiIUe b::ilig in force, prcs';::ribillg the mode of calculation of compensation. or,
(ii) assesses or awards compensation for the noa-existent or fictitious property or to a fictitious person; shall be puc.ished with imprisonment of either description which may extend to three years or with fine or both. f ". .-.~ !
21. Puuis
20.-Whoever ! .. J "per !nqwfY, reg;. th e In ten tion to. ei ther dek'btic ,II " . I, J. Amended" "Iished ir illast wor .. " I . .-oJ
21. Punish ment for registering bogus Fir m for abeting offence under section
20.-Whoever, beiJg an officer intentionally, knowir':gly or r.eg1ig;ntly, withouthoidi:rg proper inquiry, registers a bogus firm or permits the use of bogus or non-existentfirm's name, with the intention to abet the ofl"e:1ceun.der section 20, shall be punished with in:prisooment of either desc<lj)tio,l which mB.yextend to three yer.rs or with fine or both. E~planation.-30gu~ firm includes a fictitious firm nominally registered in the name ofa relati01,fre11d 0,' servant of a businessman only forshowinga seperate entity and ha ving so;ne nomi;-,'ll trans:lct:o.l recorded in that Harne, and having for its objective' procurement of business to the real firm of the businessman by submiUing tenders. at the rates higher or bidding at the rates lower than the ra tes given or bids ma.de by the real firm so 2.9 to mak0 is sure that the real firm of the busineJsm:m gets the contract or licence, as the case may be. .. J.. Amended vide M. P. Vinirdisht-a Bhea&t-a·Achaean Nivaran·-(Sanshodhan) Adhiniyam, 1984, published in M. P. Rajoatra (Asadharan) dated 20-11-1984, pp. 3170-73. Prior to amendment, the last word 'ETC.' of the heading of Chapter VI was missing. CHA~TER V.-'OFFENCES RE!..ATING TO COLLUSIVE BIDDING AT PUBLIC AUCTION 97 Explanatiol1.- In. this sec~ion, the expressions used s~al1 have the same meaning as . assigned to them In the Madhya Pradesh EXCIseAct, 1915 (No.2 of 1915) of the Drugs and Cosmetics Act, 1940 (No. 23 of 1940) , as the case may be.
CHAPTER VI.-OFFENCES RELATING TO REGISTRATION OF BOGUS FIRMS FOR. SALES TAX-EVASION, ETC.
(a) liquor unfit for human consumption, or
(b) any drug adult'~rated or misbranded for internal or external uSe of a human being
(ii) if it cau<;esany other de\iterious effect on the health. of the consumer, be punished . with imprisonment of either description which may extend to 5 years and shall also be liable to fine. 0) if death is thereby caused, be punished with death or imprisonment for life or with imprisonment of either description which shall not be less than 7 years but which may extend to 10 years; and
20. Punishment for applying for registration of or use of b()gus firm name.- Whoenr, applies fo:: the registration of a bogus or non-existent firm, or uses a bogus or nonexistent fiCl1rWill';, 1'0; the purp)se ofm1.!1ipuhting, 5:tles-tax evasion for collusive bidding or for sub nitt;ng coHu>iveten.der, shall be pu '1ished with imprisonmen t of ei theF description wbich mayextelld to three ye2.rsor with fine or both ... /
18. Punis"ment for C()llusive bidder.-Whoever, being a bidder at a public auc~ion, enters into a conspiracy with th~ otiE:r bidders, $0 as to pro~ure a Government licence or other contract, including a licence for a liquor shop, at a significantly low rate, shall be punished with imprisollment of either description for a term which may extend to one year or with fine Or both. shall-
19. Punishment for sale of Iiquoror spurious drug unfit for hu man CODSU mp:" tion.-Who;ver, holdin,g a licence or otherwise manufactures, knowingly sells or knowingly .otherwise deiivers to. the conSumers- ,- to )- ·or , :lY 011 to ars y 'S 19 n- .ly be lh I II 1 I 98 I
CHAPTER VIi-OFFENCES RELATING TO FICTITIOUS LOANS AND FALSE VERIFICATION OF TaBlE. VTILlZATION .. . 22. Pu~isbment ~or advanc~Dg loans, etc., to fictitious persons.-Whoever, being an "officerhavmg ~uthof1ty to s~nctIon or advance loan or subsidy intentionally, kn0wi;:g!y or lor co:'.ruptmotIve or otherWIse, sanctions or adv~nces loan or subsidy- '
(c)
(a)
(b) ( (
25. p,rovisio and the M illeg;
1.ie6i, il • reqUlren c~loniza1 I I~ 2? camml ts 'I •be PUl1lS 11 28.i]r;.~i C0nstruc itone year
30. the from 1 case th . the are of settI Ilacco~r 'I'la nd ;:J ,payme; Coloniz: 1[ Pre " Prades1: ..,•....•'., ~'V""OI r d'V; i I~ £.! 122-A.. PQnisb~ent for delaying e~c. loan cases.-Whoever being an officer having the authon ty to sanctlOn, advance or to dIsburse any loan, advance or subsidy of the State Government or local authorityor.a public undertaking, intentionally, knowingly or for corrupt motiveand wh.0everr~cei~es 8;ctualbenefit?f such sanction or advance of the loan or of subsidy, shall be pUUlshedwIth Impnsonment of eIther description which may extend to three years or with fine or both.
(a) in a fictitious name, or
(b) to a fictitious or non-existing person, or
(c) in the name of another person,
CHAPTER VIII-OFFENCES RELATING TO ILLEGAL COLONIZATION
24. Definitions.- In . this chapter, the expressions,-
(a) "a colonizer~' me.ans a pe~~n ~ho, i?-.a local area', after taking nO objectiotl certificate or prIor permiSSIOnIn writIng, as the caSe may be,-
(i) under section 112 of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959), '
(ii) unde; the Urban Land, (Ceiling and Regulation) Act, 1976 (No. 33 of 1976), prepares false report or misrepresents any material fact, or takes inordinately more time than wha t is normally required over the preparation of the papers or processing of the case thereby delaying the sanction of lo,'!]lor advance ot subsidy; or delay or cause to b~ delayed the s8.nction or d;sbursemen t of Joan, advance or subsidy to an extent which is opp~essive having regard to the common Course of business ofthe officeof the State Government or local authority or a public undertaking, as the case may be, shall be punished with imprisonment of either description for a term which may extend to three years or with fi~leor with both.
23. Punishment for false verification of loan utiIh:ation.-Whoever, being under a duty to verify and report proper utilization of a lo~mor subsidy falsely reports, verifies on . te;;tifiesto 6e proper utilization thereof, with reference to the purpose for which it was .sanctioned or advanced, when in fact it was not so rttiIised fully, or was utilised only partly. or WES r..ot utiLsed at all, in rehtioil to that purpo:;e, .unJcss it Wi,S diverted to some other J?urpose with the prior sanctio,; of authority.which san~ti?ned o~advanced the loan or subSidy shall be punished with imprisonment of either desCriptIOnwhIch may extend to one year or with fine or both .. I I I. inserted vide the M. P: Vinirdishta Bhrashta Acharan Nivaran (Sanshodhan) Adhiniyam, 1983 (No. 37 of 1983),published in "M.P. Rajpatra" (Asadharan) datcd.1-12-1983 atp. 3323' (i '. ! ,","",""i"' •. " .•,,-~........( __ I
2B. Offence of illegal construction.-WllOever, C,)1structs a bui,lding in an area of illegal diversion or illeg3.1colonisatio:l commits an off~nce of illegal construction.
29. punishment for illegal constr'uction.-Whoever, commits an offence of illegal construction shall be pun:shed with imprisonment of either description which may extend to one year or with fine or both.
30. Punishment for abetment of the offence of illegal construction.-Whoever. the area of illegal diversion or illegal colonization- (0 being2.nofficer, having power to sanction layout or sanction a map for the constructionof a building, grants, sanctions or approves such layout or the map: or 99
(c) "plot holder" means a person who in a local area holds a plot under a deed of transfer or agreement vI transfer from a colonizer; .(b) "local are~".me~nsan area comprised within th~ limits of a Munici pal Corporation a MUniCIpality class I, urban agglomeratIOn or a nazul area comprised in such limits and shall include a planning area notified under section 13 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973) within or appurtenant to such limits; ,
26. Offence of illegal co'oll1zatioil. -\. c)lonizer who divides into plots his land or the land of any other per30n with the object of establishing a colony in breach of the requirements contemplated in clause (a) of section 24, commits an offence of illegal colonization.
27. Punishment for illegal diversion and illegal colonization.-Whoever commits or abets thc'comm;ssion of an offence ofillegal diversion Orillegal colonization shall be punished with imprisonment which may extend to three years ~r with fin'~or both.
25. Offence of illegal diversion of land.~A colonizer who, in contravention of the provisions of section 172 of the Madhya Pradesh Land Revenue 'Code, 1959 (No._20of 1959) and the rules made thereunder,· diverts the land or the part thereof, commits an offence of illegal diversion of land.
(iii) l;nder the Madhya pr.ldesh Mnnicir3.lities Ac~, . 1961 (No. 31 of 1961), Civ)under the Madhya Pradesh Muaicipal Corporation Act. 1%6 (No. 23 o~19561 .
(v) under the Madhya Pradesh NJ.gar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973),
(d) "Urban agglomeration" shall have the same meanings as is assigned to it in clause (a) of section 2 of the Urban Land (Ceiling and Regulation) Act, 1976 (No. 33 .of 1976) . from the res~ect!ve au~hority competent. t? grant the .same or from a Nazul authority in case the land IS<,sltuat.~ In a Nazul area, dIVIdesthe land Intv plots, wit~ or withouf developing the are a translers or agrees to transfer them gradually or all at a time; to persons desirous of settling d,?wn on those plot~ by, const~ucting residential or n~n-r~sidel1tial or composite accommodatIOn and the expressIon' estahltshmentof colony, 'colollIzatlOn" "illegal colonizer" and "illegal colonization" shall be cpnstrued accordingly:
Provided that no per30n shall undertake the estab lishment of colony unless he on payment of SUC!lfee as may be prescribed for registration of coloniZers obtains a licence of colonization from the Collector of revenue district in which the land is situate : .. Provided further that, not with standing anything contained in Section 172 of Madhya Pradesh Land Revenue Code, 1959 (Np. 20 of 1959) more ommission to grant sanction for diversion of land within the paiod specified there in shall not amount to grant of sanction· for diversion for the purpose of this Cha,.pter.. I I 1 11 :'."
1..
1.:•..••• I, '/~ , '.l:"\.': ,( 100 1. I I'· :1.:···.,· . '. I I i f ~. !•!,
(if) b,::i:'lgat.10fficer under.a primlfY duty. ~od0 So kuowingly omi~s to report illegal dl versIOn ofland or 1.1IegliCOnstructIon of a building in such an area to the proper a nthori ty; or \
(iii) b~ing ;li1.oncer or the ;1utilOri ty competent to sJ.uction electrical or water supply connectIon grants such sanction with respect to the building in such area; or
(iv) illeg:dly influences the officers afores":.id in graIlting such sanction or in omitting to m1kc a rcpxt of such ilIegll dive::-sionofknd or construction of a bUildingin such arC2, .shall be pu:ished with imprisonment of either description which may extend to one year or with fine or both: I Pr.')vide1 tha. t noUli 19 cO_Itdn.ed in clause (iii) shall apply to the cases covered thereby w,lere LIe C:>llector of the district COncerned certifies that in the public interest there is no objectio.l to p ~ovideelectricill and wa ter supply conuectiollsto the buildings in the area ofillegal dinr.:iio!1 or iIieg:d C)lO.lizltioil in existence immediately pdor to the 30th October, 1982.
31. Transfer of plots in an area of illegal di,version or illegal colonization to be void.-(l) (a) Notwithstandinganythingcontainedin the Madhya Pradesh Land R.evenue Code, 1959 (No. 20 of 1959) transfer or ~greement of transfer of plots made by a coloniser in an arel of illeg·d diversion or iIleg:.l colo;1izatio!l shaH be void;
(b) The CJilector m'ly after show cause notice to the parties take over the managemer:.t of the land, cause the area to be planned and developed and shall thereafter allot the land preferentially a'm~ngst the plot holders in such manner and subject to such Conditions as may be prescribed,;
(c) The allottee shaH O'~ fulfil'l1~nt of the co,'1ditionsbe deemed to be a valid transferee ofthe plot fr011 ~)h1is~r, aild the p)wersofthe Collector as' manager of the plot shz.II come to an end.
(2) The l',·O.'f3JOilS of thi3 section shall have retrosp~ctive effectionall tranSaction:; w~lere ;).lJtrJ.ctiO,lS 0;1 the are~l of illegll diversion or illegal colonisation had not com~ menced on the 8th September, 1982.
32. Forfeiture of the land involved in illegal colonisatlon.-The right, title and interest of the coloniser in the land under illegal colon izatioE, shaH upon and from the date of cO;1Yictionof the c010nizer u;~der section 27, stand forfeited and vested in 1he State free from all encumbrances. 2 CHAPTER VIII (A),-OFFENCES RELATING TO ALLOTMENT 9F GO VERNMENT LAND ETC. 32 (A). Definition.-In this Chapter "authority" means any authority constituted or appointed byor u'lderal1Y law m-..d~by the State Legislature and for the time being in force.
1. Inserted vide the M. P. Vinirdishta :ahrashta Acharan Nivaran (Sanshodhan) Adhiniyam, 1985 (No. 4 of 1985), published in 16 M. P. Rajpatra" (Asadharan) dated 26-4-1985 at P. 1014.
2. Inserted vidc'the M. P. Vinirdishta Bhrashta Acharan Nivaran (Sanshodhan) Adhiniyam, 1983 (ACt No. 37 of 1983), published in M. P. Rajpatra (Asadharan) dated 1-12-1983 at pp. 3323-3324. Vol 'aIlottc( i'ment -~ ,tructio" functio a term 32 ibeing c :~llot 1a I'~nd,p allotme tend to !t 32 reing a ~repan moti ve Certain "other pa term il €HAP'i
33. ler licen d~o.10 Act, as t I' l'ppb lC e, lIiy, kno\ daintaiJ whh imI II 34. eer, dire s~hem, k plitnishat <Im:ay exte II CHAPTF I I 35. the State transfer ( no'~mal0 i nn~ls, bel relilef, sh: mdnths 0 I Expl I I - "'''..,..~",--;~".",''">c",,,,,,,,"" .~ •.,.t , . i' ' ,::....•••••'""""........,.".....~.•.._ilWiJt'.ji,r't~iJ:.f~~. ~1'.:··· .~... , ·1 I 1 t,, !i., I i t \ I I 101 32' '(B). Punish ment for securing allot ment of land by misrepresenting facts.- Whoever:, intcntio~ally. knowingly or Wi' C0Trupt mot~ve, get:s lan0, plot, house or flat allotted ?y illlsrepresntll1g any material fact in order to make himself eligilbe for such allot· ment which he would otherwise not hqve been so entitled in accordance with the rules 01 instructi.ollSmade Or issued by the State Government or by the authority entr'jsted with the functIOn o~such allotme~t, shall be punished with imprisonm;;:nt of either description for a term which may exteno tothree years or with fine or with both . . 32 (C). Punish ment for iUegal allot ment of land, houses or flats.- Whoever, bemg an officer, whether of the State Government or of the authority whose function it is to allot land; plot,house or flat, dishonestly, wrongfully, fradulently or for corrupt motive allots land, plot,house or flat in flagrant violation of law or instructions, 'governing or regulating such allotment, shall be punished with imprisonment of either description for a term whcih may ex-. tend to three yearS or with fine or with both. , . 32 (D). Punish ment for change in layout with malafide intention.-Whoever, bemg an officer, whether of the State Government or of the authority whose function it is to prepare layout or divide laild i:lto plots,disaonestly,wrongfully, fraudulently or for corrupt motive changeS the layout in such a manner as to confer a distinct benefit to holders of certain plots and corresponding distinct disad'fantage' to some other holders of some other plots in the same layout, shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.
CHAPTER IX.-OFFENCES RELA TING TO TAMPERING WITH THE PUBLIC D1STRffiUTION SYSTEM.
33. Tampering with the system by thelicenseddealel.-Whoever, being a dea· ler licensed under any Order issued' under section 3 of the Essential Commodities Act, 195 S (No. 10 of 1955), instead of supplying the 1essential commodity, declared by or under the said Act, as the State Government may, by notifiCation spedifyfor the pUrpo~ of this chapter to the publiC concerned in accordance with the scheme of tho public distribution system intentiona· 11y,knowingly or for corrupt motives transfers such ess~ntial commodity to other channels Or maintains false or fictitious account for the fair distribution of the same, shaH be punished with imprisonment of either description which may extend to three years or with fine or both.
34. Abet ment of offence under section 33 by all officer.-Whoever, being an officer, directly or primarily incharge of supervising the prOper working of publiC distribution system, knowingly omits to check and report connives Or abets the commission of the offence punishable under section133 shall be pu nished with inprisonment of either description which may extend to three years or with fine or both.
CHAPTER X.-OFFENCE OF MANIPUL<\.TION OF TRANSFERS AND UNAUTHO- RISED ABSENCE OF OFFICERS
35. punisllment for manipulation of transfers.-'--Whoever, being in the service of the State or of a public undertaking, secures or attempts to secure,his transfer or cancellation 0 tra:Usfer or p.)sting Or p£,o:notion otherwise than by representing or approaching through the normal official Or prescrib~d channels, or b~fore he has unSUCCessfullYexhaused all such channels, barring exceptiOaally hard ande!11~rgen t cas,es requiring immediateattention or relief, shall be punished with imprisonment of ejth~r dtscription which may extend to six months Or with fiI!e Or both.
Explanation.-No aid rendered in good faith in an exceptionally hard and emergent , case requiring immediate attention and relief to a person in the service of ~he As per Notification No. 159-83-X-I published in M. P. Rajpatra (Asadharan) dt. 7-1-1983 at p. 7, following essential commodities have been specified for the purposes of Chapter IX of this Act :.-
(1) Sugar, (2) Wheat, (3) Rice, (4) Edible oil (5) Kerosene (6) Petrol (7) Diesel (8) Controlled cloth and (9) Cement (Levy). , ~ .._-~~~ .. -~'..-., '~ " .I 102 state oro( a pubiic. under taking ~n the nl? tter of such transfer 0:- cance!1ation of transfer or po~tmg or pi'cmotJOJl shall amount tv abetruellt of the offence under this secti~r. within the meaning of section 10'/ of the Indian Penal Code1860 (No 45 of 1860). ,
36.Pllnishment for drawing salary for the period (If qnauthorised absence from dqty.-Wboever, being all officer intentionally draws, himself or by Suppression of facts or otherwise, misrepresenting the fa,cts relating to his a bsence permits Or induces the drawing and disbursing officer to draw and 9.isburse the salary to him for the period of his deli bera te una uthorised absen ce from duty unless the same is regularised by gran t of PCTmissiOn or sanction of leave with pay and thereby cheats the Government shall be punisb_ed with imprisonment of either description which may extend toone year or with fine or both. 1 CHAPTER X-(A)-OFFENCES RELATING TO ACQUISITION OF PROPERTY BY ILLEGAL MEANS. 36 (A). Chapter to have overriding efCect.-Tne provisions of this chapter shall prevail notwithstanding anythIng contained in the Criminal Law Amendment Ordinance,1944 (No. XXXVIII of 1944). _ , , 36 (B). Offence of acqqistion of proqerty by illegal means.-(I) Not with standing anything contained in clause (e) of sub- sectio:J. (1) of section 5 of the Prevention ofCorrup_ ti()n Act, 1~47 (No.2 of 1947) wll0ever, being an officer, acquires or hOlds propery for which he C.1ilnot s1.tisfactorily accc>unt for or which is disproportionate to his known sources ofincome,cammjts an offence of acquisition of property by illegal means.-
(2) Whoever -;commits an offence of acquisition of property by illegal means shall be puuishale with imprisonment for a term which shall not be less than one year but which may to extend to seven years and shalla Iso be liable to fine which may extend to the value of the property in excess of his known sources of income:
Provided that the court may, for any special reason to be recorded in writing impose a sentence of imprisonment of less than one year. - 36 (C). Attach me,nt of ptoperty.-(I) If the Di~trict Magistrate has reason to believe that any officer holds property for which he cannot. satisfactorily account fOr he may make a declaration to that effect and order for attachment of the said property:
Provided that.-
(i) no deelaration shall be made; or
(ii) no attachment of the property shall be ordered, without Obtaining the concurrence therefor of the Advisory Committee appointed by the State Governmentforthe purpose : Pr,ovided further that no order under this sub-section shall be made without giving the officer the reasonable opportunity of being heard and adducing the documentary evidence and evidence on affidavit in his defenCe.
(2) on attachment of the property under sub-section (1), the provisions of the code of Criminal Procedure, 1973 (No. 2 of 1974) shall apply thereto.
(3) Notwithstanding the provisions of the COde of Criminal Procedure, 1973 (No. 2 of 1974) the District Magistrate may, in lieu of surety, appoint an administrator who shall have aU th; p~wers to adm~nister the property as he deems fit, in the best interest of the property. t· Inserted vide the M. P. Vinirdishta B:lrashta Achatan Nivaran (Sanshodhan) Adhiniyam, 1984 (Nit. 50 of1984), published in M.l>. Rajpatra (Asadharan) dt. 20th November. 1984 at p.P. 3170 to 3173. } , i , , !4 and ef (5 stance I 36 36-C tt 'Imake a \y w:; ~elease after de ( ,II, 36 1) If i~on (1) 'f -tlb limit \~ .r~maill , II (2) triet Jud~ 1 • OfS0;;tio~ 'Iproperty _ j i , (3) ?r!being 1 ISSued un,• ,I _ th~t spec; , att<)lchmer such prop II, (4) " thereof ill, 'ImaKe an 0 unctbrsub 1 36 .(I no Clause IS date,\ the D re-main att« !I t2) If procged to i and ill all 0, and ds..ercisC' 1908~rNo. rcq uired to , . h11ill t, e prope it (B} Af or.de~litothe CfImlllal pro h 'It e propertv'I ., ".><'., ,~--" - .•......~~-- I ,- -'it,;.t.,- --~.
(3) After investigation under sub-section (2), the District Judge shall either pass an order to the effect that property shall remain att~he,d til,l th~ date of the te:minaton ~f the criminal proceedings or vary the ?rder of the ~lS~f1ct Magistrate by releasmg a ' porbon or the property from attachment or WIthdraw the saId order.
(2) Ifcause is shown Or any ob~ectons ~re made as aforesaid, .the ,district Judge sh~lI proceed to investigate the same, and ~n so dOIng, as ~e~ards the. examl natIon of the partIes and in all other respects he shall, subJe~t to th~ provlS1?nSof thIS Act, follow ,t~e procedure and exercise all the powers of a court III hearmg a SUl.tu1!der the Code <?f CIVil Procedure, 1908 (No. V of 1908), and any person making an ObJecnon under sectlOn 36-E shalI be required to adduce evidence to show that at the date of the attachment he had &Orneinterest in the property attached. , 36 (F). Investigation ~y District Judge of ~bjections to atta~h ment ..,........(I).If no cause is shown and no objectIOns are made under sectIOn 36-E 0::J. or be-lore the specIfied date the District Judge shall forthwith pass an order to the effect that the property shall rem~in attached till the termimnion or the criminal proceedings,
(2) on rec'~ipt of the f'::p0[~from tile District MagIstrate under sub-section 0), the Dis~ trict Judge shall issue a notice to the person whose pr0perty is attached under sub-section (1) ofsi'Jctio~ 36-C, c~tlling upon him to show cause on a day to be specified in the notice why the property should not remab attached till the date of the termination of the criminal proceedings. 36 (E), Reference by District Magistrate to District J udg.e i'ncertain cases.-
(1) If the District Magistrate is not satisfied with the representation made under sub-section (1) of section 36-D he shall send thc matter with his report to the District Judge within th·~ li~its of whose jurisdiction the property is situate for deciding whether the property should l'emam attached, .'
(4) Any other person claiming an interest in the attC'.ched property or ar,y portion thereof may, notwithstanding that no notice has been served .upon him under this section, make an objectioh as aforesaid to the District Judge at any tIme before an Older is passed under sub·section (1) or sub-section (3), as the caSe may be, of section 36-F. , 36 (D). Release ~f property.-(l) When the property is attached under section 36-C the owner there of mJ.Y, within three months of the date of knowledge of attachment make ,a representation to the District Magis.trate, showing the circumstances and the mean~ by which the property was acquired by him, ' , , , ..
(5) The ex?enseS incurred Oil the administ,'ation of the property, including on the ass. stance by the police, sha!l be a charge on the property.
(2) If the District· Magistrate is satisfi ~d with the repres.~ntatici;], he may forthwith release the property from attachment and (her~upon the property alongwith 'mesne profits after deduction all expenses charged 0:1 the property shall vest in the owner thereof. 103
(4) :rhe D:s!ri,ct M!lgistarate may pw\'ide polict: help to the Adn~inistrator for prope r and eff~dw~ 41ml!1lStratlOn of the property. ' ,
(3) The District Judge shall also issue notices to all persons represented to him as having' Or being likely to claim, any interest or title in the property of the person to whom notice is issued under sub-section (2), calling upon each such person to appear on the same date as that specified in the notice under sub-section (1) and make objection, if he so desires, to the . attachment of the property or any portion thereof on the ground that he has an interest in such property or portion thereof. I .-J_~__ ----- I I ;-'~' 104 , . Explana~ion.~For th~ purposes of this section and section 36-H the date of the termina. tlOn of the CflmlUal proc~~dii1g8shall be deemed to be-
(a) "wh.eresuch proceeding~ are taken to the High Court, whether in appeal or revi. SIO~',the de.te on which the High Court passes its final order in such appeal orrevIsion; or '
(b) where ~uch procee~ings ~re not taken to the High' Court, the day immediately folloWI~g.the expIry of SIxty days from the date of the last 'Judgment or order of a ~rImlnal court in the proceedings.
36. (G) <=:riminal Courts to evaluate pl'operty procured by the, oilence.-(l) Wher,e ?efore Judgment is pronounced in any. criminal trial for the offence under section 36-B I~I$rep~esented to. the court that an order ot' attachment of property has been passed und~r thIS Ac!, In connectIon with such offence, the court shaH,ifit is convicting the accused, re. 'Cord a finding as to the amount of money or value of other property procured by the accused by means of the offence. .. (2) In any appeal or revisional proceedings against such conviction, the appellate or re. ~Is~onal court shall, unelss it sets aside the conviction,either confirm such finding or modify It In such manner as. it thinks proper . . '(3) In any appeal or revisional proceedings against an' order of acquittal passed in a trial such as is referred to in sub-section (1), the appellate or revisional court, if it convicts the ac.)used, shall record a finding such as is referred to in that sub-section . . 36. (H) Dispo$al of attac.hed property upon ter mination ~f cri minal proceedll~gs.~(1) Upon the termination of any criminal proceedings for the offence in ~espect of ~hI.ch any order of a ttachmen t of property has been made under this A.ct or seCUrIty given mheu thereof, the Disctirct Magistrate shall, without delay, inform the District Judge, and shall where criminial proceedings have been taken in any Court, furnish the District Judge with a copy~fthe judgment or order of the trying Court and with cop ies of the Judgments or orders, If any, of the appellate or revisional Court thereon.
(2) Where it is reported to the District Judge .under sub-section (1) that cogll1- zance of the alleged offence under section 36-13 has not been taken or where the final judgment or order-of the criminal courtsis one of acquittal the DistrictJudgc:shal!forthe with withdraw any orders of attachment of property made ill connection with t~e offence or where security has been given in list of such attachment, order such securIty to be returned.
(3)- Wnere the final judgment or order of the criminal collrt is One of collviction th~ Distri ct Judge 5hall order that" from the property of tiLeconvicted person attached under thiS Act or out of the security given in lieu of such attachment, there shall be forfeited to the state such amount or value as is found in the final judgment or order of the criminal courts in pursuance of sectiOn 36-G to have been procured by the con victed person by means of the offence together with the costs of attchment as determined by the District Judge; and where the final judgment or order of the criminal courts has imposed or upheld a sentence of fine on the said perSOn (whether alOne or in conjunction with any other punishment), the District Judge may order, without prejudice to any ~ther mode of recovery, that he said fi'1c sh"lH be recovered from the residue of th e saId attached property or of th~ security given in lieu of attachment. 36, (I) Appeal.-An app~al shall lie to the High Court against every decision of the Court IU.'lde under section 36-F.
36. Q) Barof jll risdiction of t be Civil Court.- The or~er passed <?rthe decision m:1de U:ld~r thisChapl~r shall not be appealable except as prOVIded the~elU and no other civil court shall have juirsdiction in respect of any matter whIch the Court ISempowered' by or under this Clnpter to determine and no injunction or interlocutory order. j. . ~ 1-. hiterf, other ~iTIy P 11 37 for an 1973 C ssible 11 !I ~f( ~anctlOi k 1\ 38· defect i- 1973 f affairs ( Ii • -preJudl
39. .j<S 1~~~~~. .1
CHAPTER .Xl-MISCELLANEOUS PROVISIONS •• --- ••••• - •••.•••-••••••--••••••••----- ••IW"- •••• i~iElillllln_-~. I I \, I ! ItS hi.~erf~(ingwith the atta~hme;-,t or cOilfisc'l.tio;l of the property shall be gran.ted by any other coUrt or authority in resp~ct of any action taken or to be taken iT! pursuance of any power cvnforred by or uil-:ler this cn;i.pter.
(ii) SO:l o~ ~J.ughtcr or step son or step daughter of an officer and wholly dependent on hIm: -. other than the p~'operty wilich is a'cquiredor held by any of the aforesaid per:>onswith their own source and without the knowledge of such officer sllall be deemed to have been acquired or held by the officer." "Expl']llOtion.-For the purposes of this Chapter the propertyacquireci or held by-
(i) husband or wife, as the case may be, of an office;, or
38. Curability of tecbnical defects in tbe fot m of sanction.-Any technical .defect in the for.~al sa!1ctiongranted under &ection 197 of the Code of Criminal --Procedure 1973 (No.2 of 1974) for the jJf0secutioil of a person employed in connection with the affairs of the State shall not vitiate the trial. unless it is proved that it caused substantial prejUdice to the accused. -- ,
39. Congnizance of otfences.-All offences under this Act shall be cognizable:
37. Proof of sanction.-The sanction for prosecution of a govermnent servant for an offiellce unde this Act, issued under section 197 of the Code of Criminal Procedure- 1973 (No.2 of 1974), and purporting to be duly authenticated and sealed, shaH be admissible in evidence without formal proof : . Provided that, where the facts comtituting the offence do:not appear on the face of the .sanction, the Court may call the olicer authenticating the sanction to give evidence before it. 1Substituted for the four provisions to Sec. 39 vide M. P. Vinirdishta Bhrashta Acharan Nivaran (Sanshodhan) Adhiniyam, 1984 (No. 50 of 1984). published in M. p. Ra.ipat.ra (Asadharan). dated 20-11-1984 at pp. 3170-73.
Provided secqndly that if on receiving an information of the commiSSIOn01 1111Vll~LW- under this Act an officer specified under this section apprehends that delay may result in disappearance of ,material piece of evidence, he may .,...CCM-'-1..Hl .."nt jnvestigate an offence . under this Act
2. In Section 39 of the M db ." ~ .....•----:~~:--~- ~4" N· -- a ya Pradesh Vm' d' ht BIvaran Adhihiyam, 1982 (No 36 --.;c Ir IS a hrashta Acharan f 11 ' . VlL 1982) after the xisJt' o. owmg proviso shall be mserted and shall __ e mg proviso, the WIth effect from the 30!t:;hday of a t b be deemed ,to'have been inserted . coer, 1982, namely:_ex·" "Provided further that: the State G.- overnment ma .. . rt:he purpose of satisfying it If ., y, at any tune for r ~ lJf ' order passed by the Comm· ~e as to the. propriety of any, . (/" . ISSloner 0> •• "'l~ {;,/ 7, ,1 _ ed authority either on 't . f the DIVISIOnas prescrib-v' 1 s own motIOn or on elf /"JY/l' D by the prescribed authority shall call f r . erence made -- I - , or and examin th,/ recon of any case pending befor. e e authority and may ass sue e. or dIsposed of by such thinks! fit." P harder m reference lthereto as it .,, f ;; Ii' ,t i 1 ,! ""-J.. / f ~-- I 106 forthwith dire~tan Executive Mag~itrate. silhordinate to him to proceed to collect the eVidence or ensure agaInst disappearance of the facts relating thereto and fa;:;t3shall fortllwit'h b.;: reparted ty such Executive Magistrate to the Co~m.i:ting Magistrate ha'.'ing jurisdiction and also to the offict:r ,specified under this section.
Provided thirdly that no direction shall ~ issued u:l.der this section against a member . of the judicial service of the State save with the prior concUrrence of. the High Court:
Provided fourt~ly that if the court while discharging or acquitting the accused findll that· any offi·;er while giving directions under this section or while granting sanction under section 197 of the Code of Criminal Procedure, 1973 (No. 2 of 1974), acted maliciously without just cause or excuse. he shall be prosecuted according to law for an offence punishable under section 182 or 211 of the Indian Penal Code, as the case may be."
42. Code of CrimInal Procedure to apply.-Save as provided in this. Chapter the provisions of the Code of Criminal Procedur, 1973 (No.2 of 1974) shall apply to an offence under this Act:
Provided that if an offence punishable under this Act is also punishable under any o1herenactment for the time being in forcethen notwithstanding any thing contained in that Act or in the Code of Criminal Procedure, 1973 (No.2 of 1974) to the contrary the provisions of section 39,40 and 41 of this Act shall apply.
43. Provisions not to be derogatory to certain laws.-T..he Provisions of this Act shaiI be ill addition to and not in derogation of the provisions of the Prevention of Corruption Act, 1947 (No.2 of 1947) Indian Pep.al Code, 1860 (No. 45 of 1860), Indian F('r_~st A~t, 1927 (No. 27 of 1927), the Madhya Pradesh Excise Act,1915 (No.2 of 1915), essential Commodities Act, 1955 (No. 10 of 1955) or any other law for the time being in furce and nothing contained herein snaIl exempt any person from any proceeding which migh t a part fro~ the sections under this Act, be instituted against him.
44. Rule making power.-(l)The State Government may make rules for carrying out the purposes of this Act. ' (:2) All rules made under this Act shall be laid on the table of the Legislative A.ssembly. • 5. Repeat-The Madhya Pradesh Vinirdishta Bhrashta Acharan Nivaran Adhyadesh,1982 (No. 15 of 1982) is hereby repealed. ·1" , I I i l t I f I J'; I j I t TJ NJ
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18.
19.
20. PAR,- 2L ; FO FO FO FO Notifi Notiw I I 107 THE MADHYA PRADESH VINIRDISHTA BHRASHTA ACHARAN NlYARAN (REGISTRAT[ON AND DEVELOP~.iENr OF COLONIES) RULES, 1982. TABLE 'OF CONTENTS
PART I-'--PRELIMINARY
1. Short title.
2. Definitions- '. '(1) "Act".
(2) "Development Authority".
(3) "Form".·
(4) "Section". PAR T II-'-LICENCB AND PERMISSION
3. Application for Licence.
4. Enquiry by Collector.
5. Grant 'or refusal of Licence.
6. Development of Colonization.
7.. Fee for Licence.
8. Cancellatioil of Licence.
9. Maintenance 'of Register.
10. Establishment of colony.
11. Presumption as to p~rmissioi1 of Collector.
12. Effect of non-compliance of rule 10.
PART III-MANAGEMENT OF COLONIES
13. Notice of show cause.
14. CO'l"ideration of replies to show ca.use notice.
15. Taking over the m'trlagement of the land or dropping the proceeding".
16. Aid of police in taking over the management . . 17. Assistance for management.
18. Preparation of scheme for development and allotment.of land.
19. Publication of scheme.
20. Recovery of expenses incurred by the Collector. PAR T IV-PROCEDURE FOR GRANT OF SANCTION FOR PROSEC UTI:>N 2L Procedure for issue 0; direction or grant of sanction for pro3Ccution. FORM I FORM II FORM III FOnM IV Notification No. 7027';'10894-82-X-I, dt. 25-11-1982 relating to noWied officer for the purpose of Sec. 39 of the M. P. Vinirdishta Bhrashta Acharan NivaraQ Adhiniyam. 1982. Notification No. F. 14-5--85-XLIX-IO, dated ~3rd ~eptember, 19&7regarding o1ticon competent to direct a Police Officer to lUvestigate an offence under this Act. I 108
PART II-LICENCE AND PERMISSION'
(3) The fee so cre~ited shall herefunded after deducting a sum of &s. 100 where the .application for licence is rejected .. RULES
PART I-PRELIMINARY Pre fun iT\, • 'I ".'. reaSOns
8. Ifrom a tra yen i Pr !lgiVen I 9. Ilw~erel I!WI th te full ad. in the II 10 estab1i~ to take Collect C 1 'olIcet I II ~heapp be pres ibform fulo'liz 1\' 12. sions of He deci I I Pre a valid I I J. 13. fer of p: tb the 1 shCh 13.] fbrm n;1 IMg:J.ag shCh pe be t~'.ke] 1 (2) a cop.,' I .If SRecJil ~d r~ice.i v·ed aryy pc-rs agen { W II I ·InJ . , "Act" me,us the Madhya Pradesh Vinirdishta Bhra3hta Achatau Nivara n Adhiniyam, 1982 (No. 36 of 1982); . "Development Authority" means a Town and Country Development Authority or Special Area Development Authority constiuted' respectively under section 38 or section 65, of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973) or the Town improvement Trust cOilstituted uuder section 5 of the Madhya Pradesh Town Improvement Trust Act, 1950 (No, 14 of 1961), as the case may be,
(2)
(1)
(3) "Por:n" m~a'1S a forn ap;>ended to these rules; and
(4) "Sectio'l" means a se~tion of the Act.
1. Shod t:tte. - T'les·c: rlll;;; m'lY b;; called the MadllY:l Pradesh VillirdishtaBhtashta' Achaean Nivarao (Registration and Development of Colonies) Rules, 1982..
2. De(iQitions~- In th,;se ruL:ls, unless t\e coatext otherwise requires,-' Bnopal, the 14th Decembt;r 1982 No. 7362-8~-X-I. -lrl e~c:rc;s.;:0; the pow.;:rs cOilferr0d by sub-s:ction (i) of secti(ln'~4 r:::ad wit~/jrst p,oviso to clause (a) of section 24 :lttd sub-section (i) of section 31 of the Madhya l'radesh Vinirdishta Bhrashta Acharan Ni\laran Adhiniyam, 1982 (No. 36 of 1982) the State Oovernm~ilt hereby makes the following rules for registration of coloni?.ers, grantini licences to them and taking over the management of the colonies, namely:-
3. AppUc:ltion for LkeQce.- ~ny p::rson who iutends to unj~rtake the establishment of c.:>loaywithin th\:l m.:aning of clause (a) of section 24 shall apply in form I to the Collector within wllOse jurisdiction the land is situated for the grant of a licence. The application should b.: accompanied by the treasury challan in token of payment of licence fee in the treasury.
4. Eilquiry by Co!lector.- Tae Col1cctor may g¢t sllch inquiry made as he dee,ms fit. In p.uticJ.lar, he shoJ.ld sJ.tisfy himself On the following accounts. Firstly, the application should be b::mafide. SeCondly; the applicant's financial status should be adeqUate and he should be solvent to tl1e extent. of at least ten per ceut of the total CoSt of development. Tbidly, the applica,lt has not beel ccnvicted for a'1y offence involving moral turpitude. S. Grant or Refusal o.f Licence. - Wuell the CoU:ctor deCides to grant licence, he shall grant the same in form II'subject to such terms, CJnditions aud restrictions, if any, as he may deem fit to specify in. th.e licence. Reasons for grant or refusal of licel1ce shall be reCOrded in writing.
6. Develop ment of Colollozatioo.- The licence shall entitle the licensee to unde ftake the' developmeat of coloaization in the district'to which it relates SUbject to the pr 0- visions of the Act and these rules.
7. Fee for Licence.- (1) Tue fee for licence stall be Rs. 500.
(2) the fee Shall be credited in the treasury tiuder the head "034 urban development- C-othet reccipts-4-Licenc~ fees for Colonization" .. .. ~:~.~.Jr~. ~,',; W· >. (j! {,j A ~J, ;;J { -,~ ••••. -~".<-"~ .-- "- ..- III-MANAGEMENT OF COLONIESPART ""Inrule 13 the words and figures "inForm IV" have been omitted vide the Notification' No. 2660-973-83-X-I, dated 10th May 1983, Published in "lvI. P. Rajpl.tra" (Asadharan), dt. 10-5-1983. -----------------------------'--------
14. Consideration of replies to show cause notice.-On the exp;ry of the period specified in the notice, the Co Hector shdl cOl'!sider the objections or suggestions, if any, received in relation to the netice, or otherwise and he may, if :::onsidercd neccssHy,require any p~rson who has filed any objection to present himself in person or through authorised agent with all relevent documents for oral hearing.
(2) If the address of any party interested is know,1 LOthe Collector, he shall cause a copy of the ':l3.idnotice to besel'.t to his address.
13. Notice of sbow cause.- (1) Whenever the fact of transfer or agreement of transfer of plots made by a coloniser in an area of illeg':l.ldiverson orilleglll'colonlzation comeS to the notice of the Collector and he cOilsiders it desirable to take over the management of such land under cl2.uSC(b) ofsub-sectio:l. (1) of section 31, he shall issue a public notice""."in. form IV" and publish it in at least two local news p:lpers, of which one must be in ~1l1~1 language, calling uponall the persons interested in the said ~and to show cause WI thm such period as may be specified therein, why the management of the said land should not be taken over by him.
Provided further that a licence shall not be ci!.llcelled under this rule unless an opportunity of being heard is given to the licensee and the Collector shall record in writing reasons for the cancellation of licence.
Provided that such cJ.nc~ilatiol1 shall riot make illegal the :;olonization initiated under a valid licence and w\ich <;1 tisfi~s the propisions of the Act and these rules :
12. Effect of non-co mpliance of rule to.-If intimation is not sent as per the provisions of rule 10 the Collector may cancel the licence and initiate such other legal action he decides under the law : I 1 09
11. Presumption as to permission of Collector.-In case nO reply is received by the appliclntform within a period of90 days of the receipt of intimation, permission shall be presumed to have been granted. If the Collect,?r decides to make any inquiry, he shall inform the licensee to aw"it his orders. In such a case the licensee shall not proceed with colonization without Collector's permission.
10. Establisb ment of colony.-Whenever· any licensee intends to undertake the establishment of colony within the meaning of clause (a) of section 24, he shall be required to take permission of the Collector for which purpose he shall intimat e in form IV to the Collector of the district for which he holds the licence. Suchan intimation shall reach the Collector at least 90 days before he takes up development or sale of plots in the colony .. S. CapceUation of Llcence.- The Collector 011his ow!i ~otidn or on infofl~ation froni a~y source and for reasons to be recorded in writing may can 001 the licence for contraventIOn of any of the termS, conditions or restrictions of licence; . Provided th~t no licence shall be clucelled unless an opportu~ii:y of being heard is given to the lIcensee. ' , 9 .. Maintenance of Reglster.-The Collector shall maintain a register in form III whereIn shall be enteredthefull details of the licences issued under these rules, together with terms, conditions or restrictions, subject to which licence is granted and it shall contain full address of the applicant. The licensee shall inform the Collector in case of any change in the address. ' .... ""',J. r- 0- he e is )n le as be 1 J I . , ' 110 - ~S.Taking ov~r the Manage me~<:of the land o~ dropping tife Proceeding-After hearIng the ~erso~ If present onpa te fixed for that purpose and after making any further . enquiry in th(: matter which he may think proper, the ColI~ctor m&y- .
(a) take-over. the. management of the land, if he finds any illegal diversion or illegal.COlomzatlon thereon:
(b) drop !he pro.ceedings, if'~e i~satisfied that the land is not subjected to illegal dive.rSIon or Illegal colomza bon. _ .
16. Aid of Police in taking over tbe manage ment.-If the Collector apprehends any resistance or obstruction to the taking Over of the management of land by Or on behalf of the colonizer or any person claiming through colonizer, the Collector may take or cause to be taken aid of the police for effectively taking over the management of the land to such an extent as the circumstance of the case may warrant.
17. Assistance for manage ment.-(1) In the discharge of his duty for management ofland, the Collector may confer upon One Or more officer sub-ordinate to him or any other officer whose services may be placed at the disp:>sal of the Collector by the State Government, such power or authority as may be necessary for proper mariagement, protection and preservation of the property and wherever necessary, forthe collection of rents and profits, for bripging defending any sui t or prosecution or any other legal proceedings for management, protection and preservation of the property. _
(2) The Collector may in addition appoint any agen t, servant or watchman for due management, pro~ection and preservation of ~he property.
(3) The officers, agent, servant and watchman shall be paid such remuneration, allo- /'wances or commission as the case may be, and at such rates, as may be approved by the State Government by general or special order.
18. Preparation or sche me for Develop ment and allot ment of land.-Where the management of any land is taken over by the Collector, he maydirect the local authorityor the Development Authority, if there is any, for the local area in which the land is situate to draw up a scheme for the development and alIotment of land to individual plot-holders, if any. The scheme submitted by the local authority or the Development Authority may be appproved by the Collector without any modification or with such modifications as he may consider fit.
19. PubUcation of scheme.-The scheme as finally approved by the Collector shall be published by putting it in his office for public inspection ..
20. Recovery of expenses incorred by the Collector.-The expenses incurred by . the Collector in the management of the land shall be included in the development charges of the land and shall be recoverable on "Pro rata" or any other reasonable and fair basis from persons to whom the plots have been allotted under the scheme. PAR T IV-PROCEDURE FOR GRANT OF SANCTION FOR PROSECUTION
21. Procedure for issue of direction or grant of sanctien for prosecution.-
(1) No officer whose duty is to issue any directioH on behalf of the State Government and an otht-r officer or authority shall prepare a case for bsuing any direction under the first proviso to section 39 of the Act in any case in which he may be directly or indirectly interested. In all such cases, the m:itter shall be rep:>rted to the State Government for such m:ders as it may deem fit to pass for compliance.
(2) No officer of the State,GovernmeTlt shall process a case relating to grant of ::ny sanetiO:l or authenticate al!y san<.;tion in a case under seCtiol1197 of the Code of Crimml Procedure, (1973 No.2 of 1974), in the result whereofhe may be directly or indirectly interested. Such case will be reported by him to the State Government for such orders as it deem fit to pclSS fdr compliance. T( TJ D I/W. sb.ta Bhl
2.
3. (i~ (i( (iii ( ( ( ( (.
(iv)
(v)
(vi) (vii~ (viii
(ix)
(x)
(xi) II We ( ·1read)' to fu I IPlace, . II Dated ...•.. 1 111 I/We request that a licence be granted to me/us under the Madhya Pradesh Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982. Yours faithfdly, ...................... . ' , . Signature and designation of the applicant Dated .....•.... daY of 19 ...• I
(iii)
(a)
(b) To The Collector, District . Place ". Dated ..•.....••.. '" •• FORM I (See Rule 3) Form of application for a !iceece under section 24 of the MadhYll Pradesh Vinirdishta Bhrashta AcharanNivaranAd4iniyam, 1982
2. A sum of Rs. 500 being the fees in respect of this application has been deposited.
3." The required particulars are given below :-
(i) Name of the applicant with complete present address and permanent address;
(ii) Is the applicant a private individual/private company/public company/firm or association In case applicant is - an individual, his nationality; a private company, the nationality of all members of the company alongwith "place of registration;
(c) a public company, the nationality of directors, the percentage of. share capital feld by Indian national s, alongwith place of incorporation;
(d) a firm or association, the nationality of all the. partners of the firm or of the association; -
(e) a society; details thereof;
(iv) profession or nature of business of applicant;
(v) Details of immovable and movable property owned by the applicant;
(vi) Whether he has developed any land before the date of this application. If yes, give details thereof;
(vii) Whether applicant, has financial resources to establish colony (State sllfficient particulars) ;
(viii) Whether applicant has ever been convicted for anyoffence? If yes, give details;
(ix) Income tax permanent account number (copy of the statement for the last year for which account has been filed should be enclosed);"
(x) Nature of joint interest, if any;
(xi) If the applicant intends to supervise the works, his previous experienc..: should be explained. If he intends to appoint a manager the name of the manager, his qualifications, nature and extent of his previous experience should be specified and his consent letter should be attached. l/We do hereby declare that the particulars furnished above are correct and am/are ready to furnish any other details as may be required by you. .., I 112 FORM II (See Rule 5) Licence onder section 24 of the Madhya Pradesb Vinirdisbta Bbrashta Acharao Ni varan Adbiniya m, 1982.· Licence No ..•.•.•.••..•.• Subject to th~ terms, c:>i1ditionsand restrictions specified below aqd the rules made under the Madhya Pradesh Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982, licence is hereby granted under the first proviso to clause (a) of section 24 of the said Adhiniyam to Shri .•................•.•.•.•.... s)n of ....• ' ...•...• '.' .... Address'.•.•.•.• : .... , .. f,::>restablishment of colon.ie~in district: ..........•.•.•...•.•...... . ...• ..-..- . Date .......•.•.• Collector District. FORM III (See Rule 9) Regi ster I. Date "nd yeer of issue oflice-nce ......................•..
2. Number of licence : .
3. Name of person to'whom licence is issued ,.
4. Fathe r's name " .
5. If firm, company or association or society, names of all the partners/members ...•
6. Terms, cO:1ditions and rcstrictions; subj<:ct to which licence is gran ted .......•
7. Date of cancellation of Iicence and brief reasons for cancellation .....•...••••.•
3. Dates of intimations received under rule 10 . .:;;. Dates of p~rmissio'1" granted under rule 10. il. , ,; Pice 1 13 FORlyi District. _ , , .. " ' , -.~.~,..:,:,..•...,.r..~":.:i·.",•..• ,,, . '':~~. .\ ·1) ~.. " ~~,.: True _copy of each document, evid~ncjng right, title or interest "in .elation to fand in regard to which licence forcoloniza tion under section 24 of the Actis,"soughf" Certified copies each of no, objection certificate or prior permiSSIOn in writing by whatever name called, under the relevant enactments referred to in claU5e (a) ofsection2~ of the Act; and Propased developmen t plan. I/We do hereby declare that the particulars furnished above are cOrrect and am/are ready to fu,'Jijsh any other details as may 'be required, by you. Kindly grant me/us permission to undertake the'colonization .. - details ...............•.... - ... I am enclosing the following with this intimation - Licence number., " ,., . Present address , , ; .. , ..
(2)
(3)
(11)
(10)
(1) D~tails ofIand inCluding survey numbers which is intended to be dev~Ioped . 'the right in which the land is held by the applicant , . Details of immovable and movable property owned by applicant - . Whether he has develop~d any land before the date of this application.If yes provide details thereof., ~.
(8) Det2.ils of financial resourc?s~or establishment of colony .. ; .
(9) ,WHether applicant has ever been convicted of any offence? If yes, give . (See Rule 10) r nH mation of, colonization The Collector.,
(2)
(3)
(4)
(5)
(6)
(7) I/We am are se;lding iiltima tion of coloni zation as follows :-
(1) Full name of applicant (State whether individual. firm, co-operative society or other class of society, company) . _c :e :0 Place .••..•.... - •.• Yours faithfully, Signature and dnignation of the appliamt. I','.I: ..• Date , .
1. ,The w~rds and figurca ':in relation to land in reg8;l'd, to. \;V~~~ ' pe~iII.ion for c:<>lonizationunder , 8~ction24 of the Act is sought," have been 8ubstltu~d for' in I,elation to land 1n regard to which licence for colonization under section 24 of the Ad'is soUgh",'vide N oti6cation'No; F~No; 45-4- 83-C-1 dated 8th September, 1983published in M. P-. Rajpatra (Asadharan) Dt. 8-9-1983. ' I .~' / 114
1. Officer of the rank below the rank of a The CollectOr of the district in district level officer. which the offence is commI- tted ..
2. Officer of the rank of a district level The Commissioner of the diviofficer. sion in 'which the offence is committed.~
3. Officer out side tbe Secretariat, of the ~Secretary to the Government rank above the rank of a district level in the Department in which officer. the officer' mentioned ·in column (1) is for the time being employed or, as the caSe may be of the administrative Department undei' which the local body Or the Public Undertaking functions. Bhopal, the 25th November 1982 NIJ. 1021-10R94-82- X-I.~ In exerci:.e of the powers oonferred by section 3~ of the Madhya Pradesh Vinirdishia Bhrashta Acharan Nivaran Adhiniyam.1982 (No. 36 of 1982) and in supersession of this department Notiftcation No. 5686-10894-82-X-l, dated 16th Se,ptember 1982 and No. 5789-10894-82-X-I, dated 21st September 1982, the State Govenment hereby specifies, with respect to an officer and the person mentioned in c:olumn No. (1) of the table below. the officer mentioned in column No. (2) therof, to be notified officer for the purpose of the said section subject to the condition mentioned in the corresponding entry in column No. (3) tbereof :- ' . Offic tariat at ser I' I 11- '.b. Th. 11 (1. Off 'I Seenr Secre sjf I I
9. Off II and I
10. socr, i Secre I' •• 100 1~I. om i Coml tionee
12. PresI theBe '. naI. ; i Any I I n.ot c. agatnl I The: authori ty from whom prior concurrence/approval shall have to be obtained by the officermentioned in column , No. (2)
(3) TABLE
(2) The officer competent to direct
(1) Officer or person in respect of _ whom r~p'ort is to be made S.No.
4. Officer designated as Chief Secretary, The State Government. Additional Chief Secretary, Principal Secretary, Secretary S.pecial Secretary, Deputy Secretary or Under Secretary in the State Government Or Chairman, Vice-Chairman, President, Vice President. by whatever name called of the local body Or oftbe Public Undertaking. S· Officer of tbe Regist.rar's office of the Registrar' of the High "Court other than 6e Registrar ' •and an offiCerdesignated as a Judge or ' Magistrate and belonging to the State '. Judicial Service. ,.. High Court. After Obtaining , " approval of Righ Court. NOTE.
(2) Byorckr and In the name of the Governor of Madhya Pradesh, BRAHMA SWARUP , Addl. Chief Secy.
(2) District level Officer mecns ~n omcer in charge of a district and includes an o1Bcerin charge of a division in the case of Public.WorksDepartment, Irrigation Department, Pablic Health Elliineering Department and Forest Depratment.
(3) After obtaing concurrence of t.he Chairman, P~blic Service -Commission. After approva I of the Chairman Public Service Commission Afte.r obtaining concurrence of the Speaker of the Vidhan Sabha. After obtainingapproval of the Speaker.
(2) State Government .
(1) If associated with any officer or person mentioned in Column (1) of S. NoS. 1 to 12 . the same officer as is mentioned in the corresponding entry of this column of the respective serial number ,
(ii) if not associated with an officer or any of the persons mentioned in S. Nos. 1 to 12 in column (1) the Commissio· ner of the division in which the offence is committed. U5
(1)
6. The Regi:;trar 0f the High Court. The High court
7. Officer designated Secretary, Special State Government. Secretary Deputy Secretary, or Under Secretary ofVidhan Sabha Secretariat.
11. Officersof the offiCeof Public Service Secretary, Pubiic Service Com mission other than those men- Commission. tioned at serial No. 10. NOTB.-(l) In regard to the caSeSin which more than one officer of various levels are in.volved in an offence under the Act, the sanction{pe'rmission will be granted by tbe' 0 fficer competent to accord such sanction in regard to the highest level officer which sh all be deemed to be proper sanction permission against all th c officers involved.
8. Officer of the Vidhall Sabha Secre- Secretary, Vidhan Sabha. tariat other than thOSe mentioned atgerlal No.7.
9. Officer of the office of Lokayukt Lokayukt. andUp-Lokayukt. IO.socretary, Deputy Secretary or Under State Government. Secretary of P ubIic Service commission.
12. Presiding Officer of the Member of . the Board of Revenue orlabour Tribu· nal. . Any person (including a contractor) Mt cover~d by any of the entries against 8erial numbers 1 to 12 above. (_ .... ~- ....•..• ~-,_.,_._.---- I . I I '" -, ''''"- j I 116 Bhopal, the 23rd September 1987 No. p. 14-5-85-XLIX-IO.-~n exercise of the rowers conferr.:ld bysub-sec~ion (I) of St;ctioli 44 x(;ad with Section 39 of the Madhya Pradesh Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982 (No. 36 of 1982), the State Oovrnment hereby makes the :olIo'.V.ingrules ~o specify the presc.ribed authority on whose direction a police. offiCer shall mvestIgate an offence under the saId Ac~, namely.- . " RULES The officer" mentioned in column (2) of the table below shall be competentto direct a Police Officer to investigate an offence under this Act in respect of an Clfficeror person men- . tioned in column (3) of the said table ~- TABLE --, '. J i 1 "\ , () S.No.
(1) Officer comoetent to directinvestigation on report submitted by the Police OffiCer
(2) Officer or person in respect of whom investigation is to be made.
(3)
1. ..•.~---------- ......•------------ Th<:C,ommissioner of the Division in Officer up to and of the rank of a district level WhICKthe offence is committed. officer. 2 Secretary to the Government in the Officer above the rank of district level officer. department in which the Officer mentioned in column (3) is for the time being employed Qt, as the' case may be, of the Administrative De~ partment under which the local body or the public undertaking functions. ' 2 702·' 3 The State Government 4 High Court 5 Speaker of VidhanSabha " 6 &ecretary Vidhall Sabha
(i) An officers and 'employees working in the Secretariat of M. P. Government.
(ii) 'Ch~irman, Vice-Chairman, President, Vice- President, Managing Director, by whatever name called of a local body or of a Public Undertaking, as the Case .may be.
(iii) Presiding . officer or Member of the Board of Revenue or a State Tribunal.
(iv) Secretary, Deputy Secretary or Under Secretary. of Public Service Commissi<m· .. All officers and employees working i~·the. o~ce. of the Registrar of .the High Court, mcludmg Registrar and an officer designated as a Judge or Magistrate and belonging to the State Judicial Service. Officers orand above the level of Under Secre~ tary working in-t-he:Secretariat of the M. p. Vidhan Sabha. All .officers and employees of the Vidhan Sabha Secretariat other than those mentioned at serial No. S. GC ~ ... ,. ":-. ;'- ,}f- ·-~:~!c~>~f~~'~-·::~-~~::~r.;j'··"/..,.--~.r")~~4/Nf(/:i'.",- -., '"":,-" ....,-~--- '. GCPB -308 -SLMP -29-7-88 -50U. .- ._--.----_. ------- All persons not covered by any other entry of this tD.ble. All Offi::~,5and elllJ!oyecs 'Jf t:le c;Jicc of L~kayukt and Up-L'Jkayukt. All officers and employeeS of the oJIice of Public S·~rvice Commission other than those mentioned at Serial No. 3 (iv). ---------- -.---...-..---------------------- h respect of a'1Y perso'l (including a CO'l.tractor) who is involved in an offence u1der this Act in aS30ciatiOll with any officer or person mentioned in column
(3) the s:lnction/p::rmission shall be graJited by the officer or authority camp::- tent to accord such sanction in respect of such officer or perSon in accordance with the above table.
(2) Chairma!l, Pclb\ic ~;;rvice Commission. L')kayukt 117 By order and in the name of the Governor of Madhya Pradesh· R. L. VARSHNEY, Dy. Secoy, NOTE.-(l) In cases in which oJlicers of various levels are involved in an offence under the Act, t11e sanction/permission shdl be granted by the officer or authrity competcnt to accord ~JUchsanction in respect of the highest level officer Commissioner of the DiviJ:on III which the offence is committed.
(2) 8 7 9
(1)
(3) District level officer means, an officer in-charge of a district and includes an officer in-Charge of a division in the case of Public Works Dep:l.ftmen.t, Irrig'1.tion De p'lftment, Public Health Engineering Department and Forest Deplftment
2. Government of Madhya Pradesh, Home DepJ.rtment's X-S~ctioi1 Notificltion No. 7027-10894-82-x-I, dated 25th Novembel' 1982, is hereby rescinded. "., t t he )ha at ier of iug jge ate :he er. a 1- If .n Ie U ;ever ..lic page1 titles :t~" r ,; ", 92' ,,~ " ::iqA 4V;:;~ l ':'" ".:; ;. ; ,,:",' ,;;\' '::,.'~ ," CHAPTER I~PRILIMINAE.Y . " . '\ images image1 image2 image3 page2 titles ,.' images image1 image2 image3 image4 image5 page3 titles offi rr ~'::' images image1 image2 image3 image4 image5 image6 page4 titles .-------- -~---------~---- images image1 image2 image3 image4 image5 image6 image7 page5 titles --------------_ .•. ~ .. ,. Il ii, shauJi I ' . I, images image1 image2 image3 image4 image5 page6 titles .. .. 97 y images image1 image2 image3 image4 image5 tables table1 page7 titles II 1 I
(c)
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