...
: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.'i
i ,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
‘, . deiillifidzette(Extraordinary)?_r
. . ”Q'An Actlto provide for .pnnish
7 _:the persons serving i
" undertakingsor loca
tnent of specific cohtibtpracti
n connection with the affairs of
“'Be it choctediby the-M
' A‘T‘g 0ft 'I‘idi‘P' us“ fiellowe; V
.
.‘f‘ '
'34-" ""1‘: g , y. u . g) l . V.
t a 4 ’7' v I
. _ Statement of objects‘and Reason nws ‘relz'it‘i'ng‘to'“prevention of;
y ‘ j: corruption have not been able to fully achieve the desired objective on acéount of too muc ’
. of generalisations. Itinppoared to be necessary to identify and effectively "punish Specific
» ; points of Corruption‘in 'relation
to the‘ over expending planning, development and ’.
constructiOn activities where large public funds are involvedzmd in relation to other matter. '9
M . ' As the'miitter was urgent and the. Vidhan Sabha was not in session, the iMadhyar Pradesh
" ;. Vinirdishtaithashta[Acha‘raanivaran Adhyadesh, i1982'(N_o. '15 of :198'2)‘ was promulgated
5 ‘ ‘ ' for‘the"purpose.'- It isinow prOposed to replaCe thesaid ordinance by an‘ Act? of-‘the ,State
Legislature with.:certain}:modifications. _ ' - g ‘ . r
9
.i
s.—-3The general " l
,2.9'-r1enec.';' this
;L.I;CHAPTERZIf-jPRILIM-INARS{. ; l: 1.: f;
, . 71:”Shorttitlenndektenté—(l) This. Actmny be calle
‘1 - dish tit Bhrushte ‘Aclieren- Nivereh' Adhiniyagn, 1982. _ '
.l,
d the Madhya ijdesh Yinir-
" 5 1"3)i:.‘."£",(e).“L'ocal authority” meane.i‘—‘—(i)_A Municipal Cor
‘ " . ,‘ Madhyil Pmdcsh Mumcxpnhtles Act. 1956 (No
'2 V‘ " (ii) A Muriicipnl Council constituted under‘the ‘
” "i Act,1961“(:§rq_,.37xo£1961).' , '
._'}I(iii)i Af'Pa'nchayat”constituted-under the Mad
y 1981 (N'023§9f,1,9§1)' ' v, .- ., ,'
l
" '«.(iv) ‘A 'Mztndi jSamitiglconttituted under the
- z
,_ I-Adhiniyam, 1972 (No.24 of 1913). . . .
'.(b). iffol’ficer" means a person Serving in connection with thea
\
flalirs'
‘, undertaking, local authority,~ co-operative society or ‘an
., ‘ .~ _~ i “j-tor organis’ation, aided' by theVSta'teUQovernment;
V \ ‘ -- (6) “Public Ulldox‘tnkiiig"\means n G0vernmcnt com
'2‘ section 617 ol‘the CompunicSAct, 1956(No. l ofl 956)
tion or other Sta tutory 'body, by whatever name called, '
' F. Controlled by 'the State Government. l .
.,._
I
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 ..
.~,
9 3
'CHAPrEnflIIéoFFENCEs 'nELArINQ‘ '"ro WORK:
3. Dcflnitions~lnthis Chapter unless the context otherwise requires.—
(a) “construction” means. all activities. pertaining to the construction of a werk and
includes excavation, filling, levelling and other allied activities.
(b). “contractor” in relation to a work means a person who, undertakes to execute the
' work‘under a works department, in pursuance of a contract and includes, where
the context so requires, a sub-epntractOr and all other: agencies and persons
employed by him or working under him or under his control forthe execution
of such work and the expression “works contract’3 shall be construed accordingly; _
(c) “Officer-imcharge“ means-an oflicer in relation to. a work'under a wgrks contract
who is primarily and directly responsible onzthe ’wgrk site to see that the‘work
ofSpecific part of the work is duly executedin accordance with the terms, condii
tions and Specifications of the works contract and the instructions, directions or
work order issued by the supervisory oflicers or by the works department from
time to time; , i
(d) “omcer of the works department” means the officer, whatever he the designation,
employed in the works department and concerned with the survey, construction,
repairs, maintenance, supervision, planning, ' drawing, designing, purchase,
supply or store of goods, mechanically propelled or electrically Operated vehicles
3.; of all descriptions; plant, machinery, tools, , Spares or all other materials or,
€31- equipments and includes an oflicer or oflicial respOnsible to make myment of
bills advances, in relation to the work. v
Mimi-mmaemu-uum‘ -
(e) “Supervisory oflicer” means an ofiicer whose duty itis to supervise the work as per
Instructions contained'in ‘ the Manual applicable to the works department. or
containedin any order or direction issued by the works department, from time
to time. ‘
. (f) "Work” means any work relating to survey, construction, repairs or maintenance,
1" of any building, superstructure, dam, wear, canal, reservoir, tank, lake, road,
‘ bridge, culvert, well including tube-well,factory, Workshop, water supply system
.7 electric installatiOn system or any other work which the State Government may
by notification, specify in this behalf and includes surveying, planning drawing,
designing, purchase, supply or storage of goods, mechanically propelled or
electrically operated vehicles of all descriptions, plant, machinery, tools,
a; Spares or all other material . and equipment relating to the censtruction,
1‘. - maintenance or repairs of any of the aforesaid works;
~(g) “Works department” means a department of the State Government, a public
~23 undertaking, a local authority,‘or a co-Operative society registered under the
" ’3 Madhya PradeSh Clo-Operative Societies Act, 1960 (No. 17 of 1961), which gives
" a works Contract’Or under whose orders, directions or control works contra ct 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
”:1. , . notification, Specify.
4. Punish ment of contractor for violation of contract etc.—Whoever, being a
contractor of a works contract enteredinto with a works department intentionally, knowingly
or for corrupt motive executes the work in material violation of the termsof the contract or
, “in flagrant disegard of the standards, specifications, orders or directions given by the works
department or its oflicers so as to adversely affect the quality, workman-Ship, strength or life 0f
the work or part of it, shall be punished with imprisonment of either description which 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 tendersin 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.
5’ Punish me .
an Odicer-in-charge (I)? a (go Officer-inwh"
rkuee ~ ofs
F W136,1ntentlonafly or knowx'njgéyr: wcrkscontract,b=f' ~ apervlslon.—.thcver,
m,” . g -
, ...\fi-u«m»mmfibmv¢mm§n A x ' '
A
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1
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42‘9“"
_ 112.1%“
sectjion 11.-
supplies mat '
offenée puni :
_mach§inery, t'
ofeither desc ;
:Eafii): fpum‘ shed ‘ H
1 me or be th I? Pu
e wqus de; '
to enable hm Q
1118 financial 2 I
0 three year,
. 1 . . .
\ >
n 1110
(D
'1
hkfié‘fikilwi' wt ‘ ‘, n ‘ ‘
g momma memmvm vvwwig'.‘
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
,;
.-------- -~---------~----
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.
95
9. Punish ment to office: accepting manipulated tender. ~Wnoever, being an
officer of a works department, having authority to acccpt a tender on behalf of a Works
department.—- ‘ .
(a) abets the commission of an ofi‘ence under section 8 by 33.33;)“ 1, Jr'recommendin
for acceptance such tender; or .
(b) dishonestly manipulates evaluation 0f tenders with the object of giving bencfn
to a particular tenderer,
shall be punished with imprisonment of either description which may extend to three Years 0
with fine or both. . r
10. Punishment for wrongful or‘unauthovised diSposnl 9f Pl‘operty.—WhoeVer,
being an officer of 3 works department, dishonestly, wrongfully or fraudulently _
'(a) disposes of or otherwise transfers; or
i (b) permits unauthorised use of goods, plant machinery, tools,- spares or other material
. and equipments from the stores, causing substantial loss to the works department
shall be punished with impriosnment of either description which may extend to three years
or with fine or both.
11. Punishment for supply of substandard or lesser quantity of goods, etc.——
Whoever, being a contractorjfor the supply of goods, plants, machinery, tools Spares or
other materials or equipmentsfl ' ‘
(a) makes misrepresentation in respect to the quantity supplied; or
(b) 'suppiies sub-standard goods, plants, machinery, toms, spares, or other
materials or equipments which are not of mercantile quality or not in
acgord with the Simples ‘3" 39-3 iificatiom given in the order of supply,
shall be punished with imprisonment or“ either description which may extend to three years of
, with fine or both. I
Explanation.~—~In this section, contractor for the supply of goods, plants, machinery,
tools, spares or other materials or equipments m2ans any person who under a
contract supplies any goods, plants, mlchincry, tools, spares or other materials
,or equipments to any works department or its officer Or to a contractor
engaged for a work under a works contract.
12. Punishment of officer of Works departmentifor abetting of fences under
section 11.—Whoever, - being an officer of 21 works department, having authority to accept the
supplies made by the contractor in pursuance of an order_ of supply given to him, abets the
offence punishable under section 11 knowmgly by accepting the supply of goods, plants,
machinery, tools, spares or other materials or equipmsnts shall be punished with imprisonment
'ofeither description which may extend to three years or with fine or both.
13. Punishment for splitting up purchase orders—Whoever, being an officer or 'I
the works department, with mala fide intention resorts to Splitting-of purchase order in order
to enable him- to effect the purchases which would have otherwrse been beyond the pale of
. his financial authority to do so, or in flargant breach of the established procedure for the
purchaSe of goods, plants, machinery, tools,.spares or. other materials or equipments, shall be
punished with imprisonment of either description which may extend to one year or with firm
or both. . '
‘ ‘.:‘ gnmwzxw “ -'
--------------_.•.~ .. ,.
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<;m
a
lIyOr 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 years
Or 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 non-
exi
s
te11.!~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
W _ t-_~___..-WW ‘ ‘
‘ 14- Punishment for illicit telling or disposal of forest produce.7‘Whoe‘i/er,
being an officer primarily and directly inJcharge for the preservation and maintenance of
‘ orest area or disposal of forest produce, having jurisdiction or concern with the forest area,
intentionally or knowingly permits, connives, abets or suft‘ers on account of hiS omission to
superVise, prevent or report the -
(i) illegal felling of trees or- logs, or
(ii) illegal girdling or tappings, o‘r
(iii) theftof wood, timber or bamboosor other forest produce, or
(iv) illegal. quarrying of stones, or '
(V) illegal burning of lime or charcoal from the area, for commercial purpose Shall
. be punished with imprisonment of either description which shall be not less than
one year bit w'iic‘i :niy extend t) three yzars and shall also be liable to “116'-
Provided that the Court may, for any Special reasons to be recorded in writing, impose
a sentence of imprisonment of less than one year.
Explanation—fine provisions of this section'shall not make liable as an abettor, any
person having nistai‘ 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.
15. Punishment for falsification of bid-sheet and manipulation 0f transit
passes—«Whoever, 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,
shall be punished-with imprisonment of either deseription whiCh may extend to three years
or with fine or with both.
CHAPTER IV—«OFFENCES RELATING TO CLAIM OR AWARD. OFVDISPROPOR-
‘ ‘ v TIONATELY EXCESSIVE COMPENSATION. ‘
15~ Punish ment for false or fictitious clai ms.—<Whoever,. by misrepresenting
facts, claims compensation fOr non-existent or fictions property or in the name of 110111--
existent or fictitious person or by giving false or fictitious description of the property for Erolssb y
exaggerating the value thereof, in a matter relating to the acquismon of such propery, s a e
punished With imprisonment of either description which may extend to three years or With
fine or both. A -
l7. Punishment for award of disproportionately exceSSiVe co mpensatlpiH—t;
Whoever, being an officer empowered under any law or by an order. or otherwise idirectie IF
assess or award compensation for acquisition OfPFOPel'ty, dishonestly with a malaf‘de inten O
( i) assesses or awards compensation which is excessive so. as to be grossly dispropor
tionate to the market value of the property so acquired, or In Violation 0‘; ‘1,“3’
direction of law for the time being in force, prescribing the mode of} calcu ation
of compensation, or,
(ii) assesses or awards compensation for the non-existent or fictitious preperty or to
a fictitious persom
shall be punished with imprisonment of either description whiCh may extend to three years
or with fine or both.
i
i
i
e};
enteiis into 2
other? contra
puniéhed _wii
or with fine
I
4‘ ,
in) if i'
S
' Expldna
i I
CHAPTER
20. Puni
Whoevei, appli
existentifirm n:
for subri‘itting c :
may exthnd tot
Esplanat i
oi :
i a}: i
: Oi: 3
i su ‘;
‘ ra i
of
2.1. [Punis l
20.~Wh_oever, l i
per inquii'y, rcgf.
theintention to; i
. il . .
either descriptic 1
1. Amended ‘
flislied ir
:last 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 pro-
per 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, pub-
lished 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
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 non-
existent 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
ksv— -
or
my
on
to
81's
97
CHAPTER V.-——‘OFFENCES RELATING TO COLLUSIVE BIDDING AT PUBLIC
AUCTION >
18: Punishment for collusive bidder-«Whoever, being a bidder at a public auction,
enters into a conspiracy with the other bidders, so as to procure a, GOVernment licence or
other contract, including a licence for a liquor shop, at a significantly low rate, shall be
punished with imprisonment of either description for a term which may extend to' one year
or with fine or both.
' 19. Punishmentfor sale of “(motor spuriOus drug unfit for human consump-
tlon. _.W‘no.:ver, holding a licence or otherwise manufactures, knowingly sells or knowingly
otherWise delivers tothe consumers—«- ,
(a) liquor unfit for human consumption, or
(b) any drug adult-:rated or misbranded for internal or external uSe of a human being
shall-—«
(i) if death is thereby caused, be punished with death or imprisonment for life 01'
with imprisonment of either description which shall not be less than 7, years
but which may extend to 10 years; and
(ii) if it causes any other delitcrious effecton 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.
[dilati011.——<ifl this section, the expressions used shall have the same meaning as
assigned to them in the Madhya Pradesh Excise Act, 1915 (No. 2 of 1915) of
the Drugs and COSmetics Act, 1940 ' (No.23 of 1940) , as the case may be. -
E’FP
CHAPTER VI.—-OFFENGES RELATING TO REGISTRATION OF BOGUS FIRMS
FOR SALES TAX-EVASION, ETC.
2t). Punish ment for applying for, registration of or use of bogus fit 11] na me.“
egistration of a bogus or non-existent firm, or uses a bogus or non-
Whochf, applies for the re . .
existent firm name, for the purpose of manipulating, sales-tax evasion for collusive bidding or
for sub nittin g collusive tender, shall be punished with imprisonment of either description which
may extend to three years or with fine or both.
ation.~—-Bogus firm includes a fictitious firm nominally registered in the name
ofa relation, {rend or servant ofa businessman only for showinga sepera’te entity
and having some nominal transactmn~ recorded in that name, and having fer its
EXplan
submitting tenders. at the rates. higher or bidding at the rates lower than the
rates given or bids made by the real firm so as to make is sure that the real firm
of the businessman gets the contract or licence, as the case may be.
21. Punishment for registering bogus Firm for abeting ofi‘ence under section
20.—Whocvcr, bSii ,g an officer intentionally, knowingly or negligently, without holding pro-
per inquiry, registersa bogus firm or , ermits the use of bogus or non-existentfirm’s name, with
the intention to abet the offence under section 20, shall be punished with imprisonment of
either description which may extend to three years or with fine or both. '
W
_..,_. , __
MM— ‘
“. Amended vide M-. P. V-inirdishta Bhrasta Acharan N-ivaran~(Sanshodhan) Adhiniyam, 1984, pub-
lished in M. P. Raipatrn (Asadharan) dated 20-11-1984, pp. 3170<73. Prior to amendment, the
last word ‘ETC: of the heading of Chapter VI was missing._
objectiveprocurement of business to the real firm of the businessman by _
I
II
I
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 motive-
and 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 sub-
sidy 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?ur-
pose 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"' •. " .•,,-~........( __
a»:
98
CHAPTER VII—OFFENCES RELATINL} TO F ICTITIOUS- LOANS AND FA S
VERIFICATION OF THEIR UTILIZATION. L E
22. Punishment for advancing loans, etc., to fictitious persons—Whoever, being
an coflicer havmg authority to sanction or advance loan or Subsidy intentiortally, knowingly
or ior corrupt motive or otherwrse, sanctions or advances loan or subsidy— *' ',
(a) in a fictitious name,or
(b) to a fictitious or non-existing person, or"
(c) in the name of another persorr,
and whoever receives actual benefit of such sanction or advance of the loan or of subsidy, shall
be punished with imprisonment of either description which may extend to three years or with
fine or both. ' ‘
122-A.. Punishment for delaying etc. loan cases—Whoever being an officer having
the authority to sanction, advance or to disburse any loan, advance or subsidy of the State
Government or local authorityoria public undertaking, intentiOnally, knowingly or for
corrupt motive— -
(a) prepares false report or misrepresents any material fact, or
(b) takes inordinately more time than what is normally required over the preparation
of the papers or processing of the case thereby delaying the sanction of loan or
advance or Subsidy; or - '
(c) delay or cause to be delayed the sanction or disbursement of loan, advance or sub-
sidy to an extent which is oppressive having regard to the common course of
business of the office cf the State Government or local authority or a public
undertaking, as the case may he,
shall be punished with imprisonment of either description for a term which may extend to
three years or with fine or with both.
23. Punishment for false verification of loan utilization.—Whoever, being under
a duty to verify and report proper utilization ofa loan or subsidy falsely reports, verifies on
' testifies'to the proper utilization thereof, with reference to the purpose for which it was
sanctioned or advanced, when in fact it was not so utilised fully, or was utilised only partly, or
. was not utilised at all, in relation to that purpose, unless it was diverted to some other pur-
‘ 7 . pose with the prior sanction of authority-which sai'rctioned or advanced the loan or SubSldy
‘ I shall be punished with imprisonment of either description which may extend to one year or
with fine or both.
CHAPTER VIIIQOFFENCES RELATING TO ILLEGAL COLONIZATION
24. Definitions.—— ln‘this chapter, the eXpressions,——
(a) “a colonizer” means a person who, in a local' area; after taking no objection
certificate or prior permission In writing, as the case may be,—
(i) under sectiOn 172 of the Madhya Pradesh Land Revenue Code, 1959 (No. 20
of 1959), ' . .
" (ii) under the Urban Land, (Ceiling and Regulation) Act, 1976 (N0. 33 of 1976),
W
I i I ted 'd' the 1v], P; Viniiidishta Bhrashta Acharan Nivaran (Sanshodhan) Adhiniyam: 1983
Insflzlo. 3‘72f1983), published in “M. P. Rajpatra” (ASadharan) dated. 1-12-1983 at p- 3323
“in
”noun-m. an” WV
. mum... ,u.
as
from 1
Casa th "
the are
of settl:
accomr
and “il
Prt
lpaymer
coloniz;
E Prt
l’radesr
filiversio
fior dive
(
O
H
P,
”’3?
..fi,
-._..
27.
cemmits ‘
be punis i
'3 28.
illegal di
29. ,
censtruc \
one year i
l 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 cons-
tructionof a building, grants, sanctions or approves such layout or the map: or
(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
1
1
:'."
1..
1.:•..•••
I,
'/~
,
'.l:"\.':
99
(iii) under- the Madhya Pradesh Municipalities Act, ’1961 (No. 37 of 1961);
(iv) 113:6? the Madhya ‘PradeSh Municipal Corporation Act, 1956' (No. 23 of
(V) under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973
(No. 23 of 1973), -
from the reSpective authority competent to grant the same or from a NaZul authority in
case the land is situate in aNazul area, divides the land into plots, with or without’developing
the are a transfers or agrees to transfer them gradually or all at a time, to persons desirous
of settling down on those plots by constructing residential or non-residential or composite
accommodation and the expresSion “establishment of colony “colonization” “illegal colonizer”
and “illegal colonization” shall be construed accordingly: -
Provided that no person shall undertake the establishment of colony unless‘he on
payment of such fee 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 (No. 20 of 1959) more ommission to grant sanction for
diversion of land within the period specified there in shall not amount to grant of sanction
for diversion for the .purp03e of this Chapter. ' '
'(b) “local area”means an area, comprised within the limits of a Municipal Corporation
a Municipality class 1, urban agglomeration or a uazul 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 ;
(c) “plot holder” means a person who in a local area holds a plot under a deed of
transfer or agreement of transfer from a colomzer _;
(d) “Urban agglomeration”'shall have the same meanings as is assigned to it in
clause (a) of section2 of the Urban Land (Ceiling and Regulation) Act,
1976 (No. 330f 1976) .
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.20 of 1959)
and the rules made thereunder, diverts the land or the part thereof, commits an offence
of illegal diversion of land.
26. Offence of illegal colonization. «A colonizer who divides into plots his land
or the land of any other person 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 the’commission of. an offence of illegal diversion or illegal colonization shall
be punished with imprisonment which may extend to three years or with fine or both,
28. Offence of illegal construction—Whoever, constructs a building in an area of
illegal diversion or illegal colonisation commits an offence of illegal construction.
29. Punishment for illegal construction—Whoever, commits an offence of illegal
construction shall be punished with imprisonment of either description which may extend to
one year or with fine or both.
30. Punishment for abet ment of the offence of illegal constructio n.—Whoever,
the area ofillegal diversion or illegal colonization—
(i) being an officer, having power to sanction layout or sanction a map for the cons-
tr action of a building, grants, sanctions or approves SuCh layout or the map: or
,(
100 1.
I
I'·
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'.
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 bUilding
in 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 ob-
jectio.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 Condi-
tions 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~~.
.-.-..».~.w~rsmo~manW .‘ ' '1 :
“he,“
u.
100'
(it) being an’ofiicer under a primary duty to do so kuowin
dwersron of land or illegal c
proper authority; or 1
. gly omits to report illegal
onstruction of a building in such an area to the
(iii) being an oficer or the authority competent to sanction electrical or water supply
connection grants such sanction with reapect to the building in such area; or
(iv) illegally influences the officer aforesaid
.to mike a report of such illegal diversi
in Such area,
in granting such sanction or in omitting
on of land or construction of a building
‘shall be puriished with i
mprisoninent of either description WhiCh may extend to one year or
With fine or both :2 ' . V
I Previded that nothidg'coritcined in clause (iii) shall- apply to the cases covered thereby
where the Collector of the district 00ncerned certifies that in the publicinterest there is no ob-
jection to provide electrical and water supply connectionsto the buildings in the area of illegal
diversion or illegal colonization in existence immediately prior to the 30th October, 1982.
31. Transfer of plots in an area of illegal diversion or illegal colonization to be
void—(1) (a) Notwi thstandinganything contained in the Madhya Pradesh Land Revenue
Code, 1959. (No. 20 of 1959) transfer or agreement of transfer of- plots made by a coloniser
in an area of illegal diversion or illegal colonization shall be void ;
(b) The Collector may after show cause notice to the parties take over the management
of theland, cause the area to be planned and developed and shall thereafter allot the
land preferentially amongst the plot holders in Such manner and subject to SUCh Condi-
tions as may be prescribed; ' .
(c) The allottee shall 0?: fulfilment of the conditions‘be deemed to be a valid transferee
ol‘the plot from colon 531', and the pawers'of the Collector as manager of the plot shall come to
an end. “ '
_ ' (2) The envisions of this section shall have retrOSpective effection all transactions
where 33.13tructiosis on the area. of illegal diversion or illegal colonisation had not com’
menced on the 8th September,1982.
32. Forfeiture of the land involved in illegal cdlonisatiom—The right, title and
interest of the coloniserin the land underillegalcolon ization, shall'upen and from thedate
ofco;1viction ofthe colonizer under section 27, stand forfeited and vested inithe State free
from all encumbrances.
2 CHAPTER VIII (A)——OFFENC_ES RELATING TO ALLOTMENT OF GO VERNMENT»
' LAND ETC. a
32 (A). Definitiom—In this Chapter “authority” means any authority constituted or
appointed by or under any law med: by the State Legislature and for the time being in force-
1. Inserted vide the M. P. Vinirdishta Bhrashta Acharan Nivaran (Sanshodhan) Adhiniyam, 1985
(No. 4 of 1985), published in 16 M. P. Rajpatra” (Asadharan) dated 26-4-1985 at P. 1014.
. _ Inserted viderthe M. P. Vinirdishta Bhrashta Acharan Nivaran (S anshodhan) Adhiniyam, 1983 (Act
No. 37 of 1983), published in M. P. Rajpatra (Asadharan) dated 1-12-1983 at pp. 3323-3324.
2
.,._ ”Mung... “um ,hm .
w
E allotte<
'ment ‘2
itructio,
33.
ler licen
(No. 10
Act, 351
p'ublic c' ‘
lliI , knm
niaintah
With imi ’
‘ 34.
Céur, dire i
system, lx' '
punishat
may exte
CHAPTI
35.
the State .
traifnSfer C :
normal 0 i
nnels, b3 i
relief, sh: :
mo'nths 0
Exp]. 1
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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 ins-
tructi.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 offi-
cer, 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 cha-
nnels, 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).
, ~ .._-~~~ .. -~'..-.,
'~
,. -—-__.._...,
101
32' (B). Punish ment for securing allotment of land by misrepresenting facts—-
Whoever: intentionally. knowingly or for COTrupt motive, gets land, plot, house or flat
allotted by misrepresnting any material fact in order to make himself eligilbe for such allot-
ment which he would otherwise nor have been so entitled in accordanCe with the rules or ins-
tructions made or issued by the State Government or by the authority entrusted with the
function of such allotment, shall be punished with imprisonment of either description foi'
a term Wthh may extend to three years or with fine or with both.
. 32 (C). Punishment for illegal allot ment of land, houses or flats—Whoever,
belng an officer, whether of the State Government or of the authority whose function it is to
allot land, plot,house or flat, dishonestly, Wrongfully, fradulcntly 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). Punishment for change in layout with malafide intentionr—VWhoever,
belng an oflicer, whether of the State Government or of the authority whose function it is to
prepare layout or divide land into plots,dishonestly,wrongfully, fraudulently or for corrupt
motive changes the layout in SuCh a manner as to Confer a distinct benefit to holders 0f
certain plots and correSponding distinct disadvantage ‘ 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 RELATING To TAMPERING WITH THE PUBLIC
DISTRIBUTION SYSTEM
33. Tampering with the syste in by the licensed dealet.~Whoever, being a dea-
ler licensed under any order iSSued'under section 3 of the Essential Commodities Act, 1955
(No. 10 of 1955), instead of Supplying the 1essential Commodity, declared by or under the said
Act, as the State Government may, by notification Specify for the purpose of this chapterto the
public concerned in accordance with the scheme of the public distribution system intentiona-
lly, knowingly or for corrupt motives transfers such essential commodity toother channels or
maintains false or fictitious account for the fair distribution of the same, shall 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 an oh‘icer.-<Whoever, being an ofli-
cer, 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 ofi‘enCe
punishable under section‘333 shall be punished with imprisonment of either description which
may extend to three years or with fine or both.
CHAPTER X.——- OFFENCE OF MANIPULATION OF TRANSFERS AND UNAUTHO-
RISED ABSENCE OF OFFICERS .
35. Punishment for manipulation of transfers.'—Whoever, being in the service of
the State or of a public undertaking, scoures or attempts to Secure,his transfer or cancellation» 0
transfer or posting or promotiOn otherwise than by representing or approaChing through the i
normal ol’fiCial 0r prescribed channels, or before he has unsuccessfully exhaused all such cha- (
nnels, barring exceptionally hard and emergent cases requiring immediateattention or
relief, shallbe punished withimprisonment of either dtscription which may extend to six _
months or with fine 0r both. . . ;
. 1'
l
l
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 the
M
1. As per Notification No. lS9-83-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 2.—- e
(1) Sugar, (2) Wheat, (3) Rice, (4) Edible oil (5) Kerosene (6) Petrol (7) Diesel (8) Controlled cloth V
and (9) Cement (Levy).
~ hairdo—Jim“?
w— ..
r ...‘ew ‘ i'..;.‘mza_‘.€.~.wxs..
‘. :‘s‘ '1' A ‘
"
.I
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
'I
make 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
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 .
,
".><'., ,~--"
-
.•......~~--
t.
, do}. i
i / ‘I
i state or of a public under takin
t? of transfer or posting or promotion sh
’5 under this section w'
i 1860 (No 45 of 1860) (5 I
t . i
36. Punishment for drawing salary for the period of unauthorised. absence .3. , stance i
from duty.——-Whoever, being an officer intentionally draws, himself or by suppression of " '
facts or othermse, misrepresenting the facts relating to his absence permits or induces the _
drawing and disbursing officer to draw and disburse thesalary to him for the period of his 36
deliberate unauthorised absencefiom duty unless the sameis regularised by grant 0fp€rmisszon :36'0 t}
or sanction of leave With pay and thereby cheats the Government shall be punished Wlth Flake .a
imprisonment of either description which may extend to one year or with fine or both y Whlc
1 CHAPTER X-(A)—OFFENCES RELATING TO ACQUISITION or PROPERTY (2)
‘ BY ILLEGAL MEANS. Release
. after de
36 (A). Chapter to have overriding effect.-—Tne p'OVlSIOnS of this chapter shall i '
prevail notwithstandin an thing contained in the Criminal Law Amendment Ordinance 36
1944 (No. XXXVIII of 1944). (i) If
. .' - . tion (1)
36 (B). Offence ofacquistion of proqerty by illegal means—(1) Not with standing thug 1m.”
anything contained in clause (e) of sub section (1) of section 5 of the Prevention of Corrup- r emain 2
tion Act, 1947 (No. 2 of 1947) whoever, being an- officer, acquires or holds propery for i
which he cannot satisfactorily account for or which is diSpmportionate to his known l (2)
sources of income, commits an offence of vauisition of property by illegal means. ‘ trict Jud:
- ~ ' _ V . of‘seetiori ,
(2) Whoever commits an offence of acquisition of property by illegal means shall be * prioperty ; 1
punishale with imprisonmentfor a term which shall not be ess than one year but which i I
may to extend to seven years-andshallalso be liable to fine which may extend to the value 3;. l 3
of the property in excess of his knOWn sources of income : j§ ori'bé‘igg‘ 1
. i i
Provided that the court may, for any Special reason to be recor
. _ , ded in writingimpose
a sentence of imprisonment of less than one year.
issI’ied urn ‘5
.- tha¥t specé ;
:attachmer !
' '- . . . 3 Such pron 3
36 (C). Attachment of property—(1) .If the District Magistrate has reason to g i i
believe that any oflicer holds property for which he cannot satisfactorily account for he may .1 i ?
make a declaration to that effect and order for attachment of the said prOperty : theregf) mi |
' i ‘.
. :, make an o v‘
Prov1ded that.— : und‘Cr sub- i
(i) no declaration shall be made; or _" ' -
j- 36 (I ‘5
(u) no attachment of the property shall be ordered Without obtaining the concurrence ' no clause is ‘j
therefor of the AdVISory Committee appomted by the State Government for datei the D
‘ the purpOSe :
. Provided further that no order under this Sub-section shall be made without giving the
. . officer the reasonable opportunity of being
heard and adducing the 2.031 t If '
documentary evidence and evidence on afl‘idavit in his defence. « 2;??? 2111001-
. “ L I
l
(2) ‘on attachment of the property under sub-s
ection (1), the provisionsof 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 Mangtrate may, in lieu of Surety, appoint an administrator Who shall have
all the powers to administer the property as he deems fit, in the best interest Of the property .
, 3‘“M. , I
'1’ Inserted vide the.M. P: Vinirdishta Bhrashta Acharan Nivaran (Sanshodhan) Adhiniyam. 1984 (No.
4 50 of 1984), phtbliahed m M. P. Rajpatra (Asadharan) dt. 20th November, 1984 at P.P.,3170 to 3173.
i‘z
.~. ...~ ,4. hurt-Lek“? «m .
remain attzz
'l
and exercise 1
19081‘(No.
1
required to :v ,
in the prope
(‘3)- Ar.
orderito the
criminal pm
the prioperty‘
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-sec-
tion (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.
(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.
waMW.m.iwiawmemwwmiseéhhwflfimfim v ‘
~70.th '2.-
a-‘m ”.V-“aA, “financi-«taxaMn-Wfid-ur-‘Al-ww.
M» M...» a
, stance by the police, shall be a charge on the prOperty.
103
(4) The District Magistarate ma
(1 H t‘ y provide police help to the Administrator for preper
an e co we .
administration of the property. '
(5) The expenses incurred on the administration of the preperty, including on the ass.
' 36 (D). Release of property—«(1) When the property is attached under section
36-C the owner there of may, within three months of the date of knowledge of attachment,
make a representation to the District Ma '
. gistrate, showing the circumstances and the means
by which the property was acquired by him.’ . , - , .
(2) If the District‘ Magistrate is satisfied with the repres
release the property from attachment and there
entatiOn he may forthwith
after deduction all expenses charge
upon the property alongwith ‘mesne profits
d on the prOpcrty shall vest in the owner thereof.
I 36 (E)-. Reference by District Magistrate to District Judge in certain cases.“
(1) If the District Magistrate is not satisfied with the representation made under sub-sec-
tion (I) of section 36-D he shall send the matter with his report to the District Judge within
the limits of WhOSe jurisdiction the property is situate for deciding whether the property should
remain attached. . . _ ..
(2) on receipt of the report from the District Magistrate under sub-section (1), the DiST
trict Judge shall issue a notice to the person whose property is attached under sub-section (1)
of section 36-C, calling upon him to show cause on a day to be specified in the notice why the
property should not remain attached till the date of the termination of the criminal proCeedings.
(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 pmperty 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
.attachinent of the property or any portion thereof on the ground that he has an interest in
such property or portion thereof.
(4) Any other person claiming airintcrest in the attached Di‘Operiy orally portion
thereof may, notwithstanding that no notice has been served upon him under this section,
make an objection as aforesaid to the District Judge at any time before an order is passed
under sub-section (_1) or Sub-section (3), as the case may be, of section 36-F.
36 (F). Investigation by District Judge of objections to attaghment.e(l)_ If
no cause is shown and no objections are made under section 36-E on or bcIorc thc 5 ccified
date, the District Judge shall forthwith pass an order to the efl'ect that the property Shall
remain attached till the termination of the criminal proceedings. _
(2) If-cause is shown or any objectons are made as aforesaid, the district Judge Shall
proceed to investigate the same, and in so domg, as regards the. examination of the parties
and in all other reSpects he shall, subject to the prOViSions of this Act, follow 'the procedure
‘and exercise all the powers of a court in hearing a suit under the Code of Cryil Procedure,
1908 (No. V of 1908), and any person making an objection under section 36-E shall be
required to adduce evidence to show‘that at the date of the attachment he had some interest
in the property attached. » _
(3) After investigation under sub-section (2), the District Judge shall either pass an
order to the effect that property shall remain attached till the date of the terminaton of the
criminal proceedings or vary the order of the District Magistrate by releasing a ' portion of
the property from attachment or withdraw the said order.
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 or
revIsion; 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 un-
d~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 procee-
dll~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.
0
(that
‘ a»;
104
ExPIGMFiO’l-mFor the purposes of this section and section 36-H the date of the termina.
tion of the criminal proceedings shall be deemed to be— '
(a) ’th3“: SUCh proceedings are taken to the- High Court, whether in appeal or revi-
s10n,_the date on Which the High Court passes its final order in such appeal of
reViSion; or ' . _
(b) where Such 'procoedingsare not taken to the High. Court, the day immediately
following the expiry of sixty days from the date of the last 'Judgment or order
of a criminal court in the proceedings.
36- (G) Cfl minai Courts to evaluate property procured by the. ofi'ence.—-(l)
Where before Judgment is pronounced in any , criminal trial for the o‘fl‘enoe under section
36-B it isrepresented to the court that an order of attachment of property has been passed un-
der this Act, in Connection with such ofl'enCe, the court shall,if it 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-
visional court shall, unelss it sets aside the conviction,.either confirm Such finding 01‘ 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 accused, shall record a finding such as is referred to in that Sub-section.
. 35~ (H) Disposal of attached property upon termination of criminal procee‘
dings—«(1) Upon the termination of any criminal proceedings for the ofi‘ence in reSpect of
,WhlPh any Order of attachment of property has been made under this Act or security given
when there“, 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
3 (701WOf the 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 cogni-
zance of the alleged ofl‘ence under section 36-13 has not been taken or where the final
judgment or order of the criminal courtsis one of acquittal the District degé shallfor the
with withdraw any orders of attachment of property made in connection With the offence
or where security has been given in list of such attachment, order such security to be
returned.
(3') = Where the final judgment or order of the criminal court is One of conviction
the Distri Ct Judge Shall order that from the property of the convicted 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 oflence 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 other mode
ofrecovery, that he said fine shall be recovered from the residue of the said attached
property or of the security given in lieu of attachment. '
36.- (I) Appeal.——-An appeal shall lie to the High Court against every decision of
the Court made under section 36—F.
,36. (I) Barof jurisdiction of t he Civil Court—«The order passed or the deemion
made under thisChapthr shall not be appealable except as prowded therein and no other
civil court shall have juirsdiction inrespect of any matter which the Court is empowered ‘ by
or under this Chapter to determine and no injunction or interlocutory order.
.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 admi-
ssible 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
ios ' ~ l
.4.) f with the attachment or confiscation of the property shall be grantedsulglczlgf
marl-e235,“ or adthority in respect of any actIOn taken or to be taken in pur
o e . é .
anv power conferred by or under this Cl’luptfi‘.
“Explanation—For the-purposes of this Chapter the property acquired or held by~—
.(i) husband or wife, as the case may be, of an officer, or
(ii) 501 0: daughter or step son or step daughter of an officer and wholly dependent
on him:
‘ /
other than the property which is a'cqtiilirectl 8: 116113312313] oiftil: afogfegaiil
. 1 . , . . . u
3:“ i with their own source and m on e gen ch ’ cc
Shall); deemed to have been acquired or held by the officer.
CHAPTER .IXl—«MISCELLANEOUS PROVISIONS
. ‘ ervant
37 °‘ WM“ emitted? a assassins
. A" - ' ' '5 ed under Sectionl - o . e i-
Eggprhgflipengte lu9n7iite) trhilApcitil'gzrting to be duly authenticated and sealed, shall be adm
' o. , .
slsible in evidence without formal proof . _
‘ '; ‘ fthe
‘ ‘ ' ' e do'not appear on the face 0
‘ e ‘0 facts constitutingtheofl‘enc '_ _ . . - efore
' Eowthed éiffitvgéycghe the-oificer authenticating the sanction to give ev1denoe b ,
sanction, ‘
it. V . r
V ' ° f sanction.—-Any technical
. _» t hmcal defects In the form 0 . . . dure
38‘. tguggriflgliaggticfsgranted under section 197 of the Code of Criminal Proce
defect 111 , e _ x - ,
" ' ' the
' ' = ‘ loyed in connection With _
for the rosecution of a person emp ‘ n . s bstantial
1973 (1?? 25:: 19331:)11.‘not vitigte the trial, unless it IS proyed that it caused 11
affairs 0 ne 6 p . ,
prejudice to the accused.
c nuance of offences—«All offences under this Act shall be cognizable 2
39. ong
'“m-M- “the“ mm investigate an offence. under _thlS Act
,, VLAmendment 2. In Section 39 of the Madhya Pradesh Vinirdishta
3 'of Section 39. Nivaran Adhihiyam, 1982 (No. 36 of 1982)
following proviso shall be inserted and shall
with effect from the 303th day of October, 1
. .. * "Provided further that the State
® the purpose of satisfying
.,_ ...i..." A- a— a?
Bhr‘ashta Acharan
after the existing proviso, the
be deemed to' have been inserted
982, namely :——>
Government may, at any time for'
itself as to the prOpriety of any
.1 e order passed by the COmmissioner of the Division as prescrib-
ka M" ed authority either on its own motion or on relference made
‘ N' ‘0 fiz/ by the prescribed authority, shall call for and examine the
l a)?" record of any case pending before or disposed of by such
authority-and may
pass such order in reference thereto as it
thinks; firt.” ' ‘
' ' ' " ' he commismon 01 ‘au mime»
‘ ' . e elvm an information of t .
Prowded SCCQTLQlSyAligtalfl 031120; spegcified under, this section apprelhenrgzsi that delay
underretSuIIt inv disappearance of material piece of evrdence, e y
' may ,
‘, f .. .
"Lz‘é'm‘fi-E'. "‘ 1F- 'y.‘fwi 31' :‘ _i, r.
”St;
in"
‘ ' l ' 'dishta Bhrashta
' isxons to Sec. 39 v1de M. P. Vimr ' d 1-
lsubstituted f1??- fligrfogagsrgzdhan) Adhiniyam, 1984 (No. 50 “$33973 pubIIShe .
l l' 1 50hr? a111, {gazlpatra (Asadharan), dated 20—11—1984 at pp. 3 -
In . . . ~ I V
' onwammma
~--
I
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 pro-
secuted 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"
,
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1. ~
2. r
(C
(2)
(3)
(4)
3. I
4. I
5. (
6. I
7. I
8. (
9. l'
10.
11.
12. I
13.
14. (
115.
! 16.
, 17.
18.
19.
20.
PAR,-
2L ;
FO
FO
FO
FO
Notifi
Notiw
106
forthwith direct an Executive Magistrate Subordinate to him to proceed to'
collect the evidence or ensure against disappearance of the facts relating
thereto and fee 3 shall forthwith be reported by such Execmive Magistrate
to the Committing Magistrate having juriSdiction and also to the ofliccr
,speCIfied under this section.
Provided thirdly that no direction shall
_of the judicial service of t
High Court:
be iSSued under this section against a. member
he State save with the prior concurrence of _ the
Provided fourthly that if the court while discharging or acquitting the accused finds
that any officer 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
. . secuted 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: . ' 1
Provided that if an offence punishable under this Act is also
other enactment for the time being in force then notwithstanding any thing, contained in
that Act or in the Code of Criminal Procedure, 1973 (No. 2 of 1974) to the cantrary the
provisions of section 39, 40 and 41 of this Act shall apply.
_ 43. Provisions not to be derogatory to certain larva—The Provisions of this Act
shall be in addition to and not in derogatiOn of the provisions of the Prevention of Corruption
Act, 1947 (No. 2 of 1947) Indian Penal Code, 1860 (No.45 of 1860), Indian Forest Act, V
1927 (No. 27 of 1927), the Madhya Pradesh Excise Act, 1915 (No. 2 of 1915), Essential
Commodities Act, 1955(No. 10 of 1955) or anyvother law for the time being in force and
nothing contained herein shall exempt'any person from any proceeding which mighta part
from the sections under this Act, be instituted against him.
44. Rule making power.—(1)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
. Assembly. - ‘
45. Repeal.——The Madhya Pradesh Vinirdishta’ Bhrashta Acharan Nivaran
Adhyadesh, 1982 (No. 15 of 1982) is hereby repealed. '
pro- '
punishable under any .
)_‘
)—
.
F0
F0
F0
F0
Notifi
JUHAHHAMN
I
I
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.
107
TfiE MADHYA PRADESH VINIRDISHTA BHRASHTA ACHARAN
NIVARAN (REGISTRATION AND DEVELOPMENT OF COLONIES)
- ' RULES, 1982. '
TABLE :OF CONTENTS
PART I—‘—PREL1MINARY
1. Short title.
2. Definitions—
‘_ i- (1) “Act". -
(2) “Development Authority”.
(3) “Form”. » A "
(4) “Section".
PART IIé—LICENCE 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. Cancellation of Licence.
9. Maintenance 'of Register.
10. Establishment of colony.
11. Presumption as to permission of Collector.
'12. Effect of non-compliance of rule 10.
PART III—MANAGEMENT OF OOLoNIEs
13. Notice of show cause.
14. Consideration of replies to show cause notice. .
15, Taking over the management 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 allotm'entof land.
19. Publication of scheme.
20. Recovery of expenses incurred by the Collector.
PART IV—PROCEDURE FOR GRANT OF SANCTION FOR PROSEC UTIJN
21-. Procedure for issue of direction or grant of sanction for prosecution.
FORM I
FORM II
FORM 111'
FO“M IV"
Notification No. 70274039443244, (it. 25—11—1982 relating to'notified officer roll
the purpose of Sec. 39 of the M. P. Vinirdishta Bhrashta Acharan Nivaran-
Adhiniyam. 1982-
Notification No. F. 14-5—85-XLIX-10, dated 23rd September, 1987 regarding ofiicen
competent to direct a Police ()flicer to investigate an offence under this Act.
'. it?» ”3‘40 ”was
ac. ' Pi pmrmx m s»;
I
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
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'olIcet
I II
~heapp
be pres
ibform
fulo'liz
1\' 12.
sions of
He deci
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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
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aryy pc-rs
agen { W
II
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.
,
"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 establish-
ment 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 f-
take 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" ..
108
Bhopal, the 14th December 1982
No. 7362-82-X-I. —-ln exercise of the powers conferred by Sub-Section (i) of section 44
read with first proviso to clause (a) of section 24 and sub—section (i) of section 31 of the
Madhya 1"radesh Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982 (No. 36 of 1982)
the State Government hereby makes the following rules for registration of colonizers, granting,
licences to them and taking over the management of the colonies, namely :—
RULES
PART' I.— PRELI MINARY,
1. Short title. — T1393 rules may be called the Madhya Pradesh Vinirdishta Bh'rashta‘
Acharan Nivaran (Registration and Development of Colonies ) Rules, 1982. ‘
/
2. Definitions.~ In these rules, unless the context otherwise requires,—
' (1) “Act” means the Madhya Pradesh Vinirdishta Bhrasht‘a Achar‘an Nivaran
Adhiniyam, 1982 (No. 36 of 1982);
(2) ‘isDevelopmem Authority” means a Town and Country Development Authority
or Special Area Devel0pment Authority constiuted reSpecti'vely 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 constituted under
section 5 of the Madhya Pradesh Town Improvement Trust Act, 1950
(No. 14 of 1961), as the case may be,
(3) “Form” means a torn appended to these rules; and
(4) “Section” means a section of the Act.
APART II—LICENCE AND PERMISSION‘
3. Application for Licence—4 Any person who intends to undertake the establish-
ment of colony within the meaning of clause (a) of-section 24 shall apply in form I to the
Collector within whose jurisdiction the land is situated for the grant of a licorice. The
application should be accompanied by the treasury ehallan in token of payment of licence fee
in the treasury.
4. Enquiry by Collectotfi—Thc Collector may get Such inquiry made as he deems
fit. in pittiCJiar, he should satisfy himself on the following accounts. Firstly, the application
should be bonafide. Secondly, the applicant’s financial status should be adequate 'and he
should be solvent to the extent. of at least ten per cent of the total Cost Of development.
Thirily, the applicant has not been convicted for any ofi‘ence involving moral turpitude;
5- Grant or Refusal olf Licence-When the
shall grant the same in form II‘subject to such terms,
he may deem fit to SpeCify in the licence. Reasons
recorded in writing. .
Collctor deCides to grant licence, he
conditions and restrictions, if any, as
for grant or refusal of licence shall be
c. ‘DevelOp ment of Colonqzation.-Tne licence
take the development of colonization in the district‘to
visions of the Act and theSe rules.
shall entitle the licensee to unde r-
which it relates subject to the pr 0-
7. Fee for Licence.— (1) The fee for licence shall be Rs.- 590.
(2) The ice shall be credited in the treasury under the
. _ . head “034 urban development.—
C—othe‘r receipts—.4—-Licence fees for Colonization”.
(3) ' The fee so credited shall berefunded
. ' 1 after deducting a sum of Rs. 100 where the
application for licence is rejected.
uwt-wa‘m"myw‘z’u‘au‘wyaumwzvu-M‘n‘m' Lam—y.»teams-nevv-eawwwwww‘_ arm A V ,
w. «w "twins-nu
.—.... -M...«....:..m“unsung...“ammwwM a m
it
i. 13.
ferot p}
30 the 1‘
such 111
form I\
languag :
siich pe
bit: take]
(3)
a copy
14.
specified
r ficeived
any pets
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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 trans-
fer 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 oppor-
tunity 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 provi-
sions 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 con-
traventIOn 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. '
....
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e
is
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le
as
be
109
S. Cancellation of Licence—The Collector on his own motion or on inforntiaxion
from any source and for reasons to be recorded in writing maycancel the licence for con-
travention of any of the terms, conditions or restrictions of licence ': ‘
, ' Provided that no licence shall-be cancelled unless an opportunity of being heard is
given to the licensee. ' . ‘
i 9.. Maintenance of Register.—The Collector shall maintain a register in form III
whereln Shall be entered-the full details of the licences issued under these rules, together
With terms, conditions or restrictions, subject to whichlicence is granted and it shall contain
glint legidrelssx of the applicant. The licensee shall inform the Collector in case of any change
a ess. ~ - ~
19. Establishment of colony.—-WheneVer- any licensee intends to undertake the
establiShment 0f 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. Such an intimation shall reaCh the
Collector at least 90 days before he takes up development or sale of plots in the colony. '
, 11.. Pres-u mption as to permission of Collector.—In case no reply is received by
the applicant form Within a period of 90 days of the receipt of intimation, permission shall
be presumed to have been granted. If the Collector decxdes to make any inquiry, he Shall
inform the licensee to await his orders. In Such a case the licensee shall not proceed with
colonization without ColleCtor’s permission.
7 12. ‘ Effect of non-co mpliance of rule 10.——Ifintimation is not sent as per the previ-
sions of rule 10 the Collector may cancel the licence andinitiate such other legal action
he decides under the law :
Provided that such cancellation shall not make illegal the colonization initiated under
a Valid licence and which s1tisfies the propisions of the Act and these rules :
{Provided further that a licence shall not be cancelled under this rule unless an opp?“
tunlty of being heard is given to the licensee and the Collector shall record in ertmg
reasons for the cancellation of licence.
PART III—MANAGEMENT ,OF COLONIES
13. Notice of show cause.— (1) Whenever the fact of transfer or agreement of trans—
fer of plots made by a coloniser in an area of illegal diverson or'illegal colonization comes
to the notice of the Collector and he considers it desirable to take over the management of
“Ch land under clause (15) 0f Sub-SBCtion (1) of section 31, he shall issue a public notice“ “in
form IV” and publish it in at least two local news papers, of which one must be in Hindi
language, calling uponallv the persons interested in the said land to show Cause .Withln
such period as may be Specified therein, why the management of the said land should not
be taken over by. him.
(2) If the address of any party interested is known to the Collector, he shall cause
a copy of the said notice to be sent to his address. '
, 14. Consideration of replies to show cause notice—On the expiry of the period
specified in the notice, the Collector shall consider the objections or suggestions, if any,
received in relatiOn to the notice, or otherwiSe and he may, if considered necessary,require
any person who has filed any objection to present himself in person or through authorised
agent with all relevent documents for oral hearing.
-'—-—-—4.—:————-,——-—-——‘————- _ .—
*In rule 13 the words and figures “in Form IV” have been omitted vide the NotificatiOn.
No. 2660-973—83—X—l, dated 10th May 1983, Pnblished in “M. P. Rajpxtra"
(Asadharan), dt. 10—5—1983.
1
J
I .
, '
- ~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 Gove-
rnment, 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 autho-
rityor 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 sane-
tiO:l or authenticate al!y san<.;tion in a case under seCtiol1197 of the Code of Crimml Proce-
dure, (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(
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sb.ta Bhl
2.
3.
(i~
(i(
(iii
(
(
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(.
(iv)
(v)
(vi)
(vii~
(viii
(ix)
(x)
(xi)
II We (
·1
read)' to fu
I
I
Place, .
II
Dated ...•..
In,“
110'
’ . g over the Manage ment of the land 0!: dropping the proceeding—After
hearing the person if present on date fixed for that purpose and after making any further
‘ enquiry in the matter which he ma ‘ , ' '
(a) take-overthemanagement of the land,'if he finds any illegal diversion or illegal
colonization thereon:
(b) drop the proceedings, if 'he is satisfied that the land is not subjected to illegal dive-
’ rsron or illegal colonization. _ _ ' '
any resistance or obstruction to the tak'
of the coloniaer or any person claiming through colonizer, the Col
to be taken and of the police for effectively taking over
an extent as the circumstance of the case may warrant
lector may take or cause
the management of the land to such
17. Assistance for manage ment.—(1) In the discharge of his duty for management
of land, the Collector may confer upon One or more oflicer sub-ordinate to h'
other oflicer whose services may be placed at the di8posal of the Collector by the State Gove-
rnment, such power or authority as maybe necessary for proper management, protection
and preservation of the property and wherever necessary,
_ forthe collection of rents and
profits, for bringing defen
ding any suit or prosecution or any other legal proceedings for
management, protection and preservation of the property.
(2) The Collector may in addition appoint an
. y agen t, servant or watchman for due
management, protection and preservation of the property.
(3) The oflicers, 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.
19. Publication of sche me.—The scheme as .finall
__ be published by putting it in his oflice for public inspection.
20. Recovery of expenses incurred 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.
PART IV—PROCEDURE FOR GRANT OF SANCTION FOR PROSECUTION
“in“, m»...- «a -.. W. i... ..
. “a l “mu, an marvel“ ~i‘gfi'LI. ' .
.. n. .4,“
>eu-9‘nmA-r'erp“ :2. r .
sh ta
Bhr
(vii:
(viii ‘
(IX)
(X)
(xi)
I/We request that a licence be granted to me/us under the Madhya Pradesh Vinirdi-
shta 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 capi-
tal 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 spe-
cified 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.
111
FORM I
(See Rule 3)
Form of application for a licence under section 24 of the Madhya Pradesh
Vinirdishta Bhrashta Acharan NivaranAdhiniyam, 17982
To . Dated ..... . ..... day of ...... 19.}. .
The Collector,
District. .' ..........
_ I/We request that a licenCe begranted to me/us under the Madhya Pradesh Vinirdi-
shta Bhrashta Acharan Nivaran Adhiniyam, 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:—
(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
assoctation '
(iii) In case applicant is ~—
(a) an individual, his nationality;
(b) 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 capi-
tal feld by Indian nationals, 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 deve10ped any land before the date of this application. If yes,
give details thereof;
(vii) Whether applicant, has financial resources to establish colony (State sufficient
particulars); .
(viii) Whether applicant has ever been convicted for any offence ? If yes, give
details; - ‘
(ix) Income tax permanent account number (capy 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 experience 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 Spe-
cified and his consent letter should be attached.
l/We do hereby declare that the particulars furnished above are correct andam/are
ready to furnish any other details as may be required by y0u.
Yours faithfully,
Place ............... . ..... '. . . .......... ..................
Dated ............. .. Signature and designation of the applicant
..,
I
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
112
FORM II
(See Rule 5)
Licence under section 24 of the Madhya Pradesh Vinirdishta Bhrashta Acharan
Nivaran Adhiniya m, 1982.
Subject to the terms, canditio
under the Madhya Pradesh Vinird
is hereby granted under the first p
Sin-i”
as and restrictions Specified below and the rules made
ishta Bhrashta Acharan. Nivaran Adhiniyam, 1982, licence
............... san of .............1.....Address
for establishment of colonies 1n district
Collector 7
District.
FORM III
(See Rule 9)
Register
ll. Date a1- dyear ofissue oflicence
2. Number of licence
I
3. Name ofperson to Whom licence is issued
4. Fathc r’s name
5. If firm, company or a soc-iation or society, names oIall the partners/members”
a.
6. Terms, conditions and restrictions; subject to which licence is granted
..... 'o...-oau
7. Date of cancellation of licence and brief reasons for cancellatiOn
:
3. Dates of intimations received under rule 10.
'3. (Dates of permissions granted under rule 10.
roviso to clause (a) of section 24 of the said Adhiniyam to I
”1., 1‘
Plat u
Date
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 .~'
'0'
.0.
#4
l
t
r
!
P:
in
FORM EV
' (See‘Bule lO)
intimation of: colonization
The ’ Collector,
Distriet .......... _. . .- .............. . .........
I/We am are sending intimation of colonization as follows 2——
,- (1) Full name of applicant '(State whether individual, firm, co-Operative society or
other class of society, company) ........
I
(2) Licence number..._...............',
(3) Present address .. ........ .. . . . . . . . .....
(4) Details of land includingsurvey numberswhich is intended to be developed. . . .
(5‘) The right in which the land is held by the applicant: ...................... .
(6) Details of immovable and movable property owned by applicant ..... ' .....
7) Whether he has developed any land before the date of this application.lf yes
provide details thereof.,........ . .
(8) Details of financial resources for establishment of colony. ..' ...... 1 .........
(9) .Wnether applicant has ever been convicted of any offence ‘? If yes, give
details... ..... W
(10) I am enclOsing the following with this intimation ——
(1) True copy of each document, evidencing right, title or‘interest “1n
' relation to land‘in regard to ’whiCh'licence for colonization under section
24 of the Act fi‘s‘sought'.” '
(2) Certified copies each of no objection certificate or prior permission in
writing by whatever name called, under the relevant enactments referred
to in clause (a) ofs'ectiorth’: of the Act; and
. (3) Proposed development plan.
(11) I/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 Nil-Kindly
grant me/us permission to undertake the colonization.
Yogrs faithfully,
Place ............. . Signature and designation of the applicant,
Date .......... V. . . .
W
1. .The_wqrds and figure. “in relation to land in regard _tq which _ ”minim? f9!- Colonization under
‘ ' section 24 of the Act is sou ht,” have been substitpted for.“in relation to land in regard to which
licence for colonization un er section 24 of the Act'ia'sofigh”,’vide Notifichti en'No; ’F‘. No."45.4.
83-C-1 dated 8th September, 1983 published in M. P. Rajpatrn (Asadharan) Dt. 8-9-1983. '7- '
/
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 divi-
officer. 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 co-
lumn (1) is for the time being
employed or, as the caSe may
be of the administrative De-
partment 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 super-
session 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 spe-
cifies, 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 concurren-
ce/approval
shall have to be
obtained by the
officermentio-
ned 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 Pre-
sident. by whatever name called of the
local body Or oftbe Public Under-
taking.
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)
114
Bhopal, the 25th November 1982
No. .7027-10894-82- X-1.—. In exercise of the powers conferred by section 39 of the Madhya
Pradesh Vinirdishta Bhrashta Acharan Nivaran Adhjniyam,1982 '(No. 36 of 1982) and in Super-
sessmn of this department Notification No. 5686-10894-82-X—l, dated 16th September 1982
and No: 5789-10894-82-X-I, dated let September 1982, the State Govenment hereby Spe-
c1fies, With respect to an ofliCer and the person mentioned in column No. (1) of the table
below, the oflicer mentioned in column No. (2) therof, to be notified oflicer for the purpose
of the said section subject to the condition mentioned in the correSponding entry in column
NO- (3) thereof 1—— . . - ’ '
TAB LE
M
S. No. Officer or person in respect of _ The officer competent ’ The Zauthority
, . whom report is to be made to direct , V _ from whom
' prior concurren-
ce/approval
shall have to be
obtained by the
officer mentio-
ned in column
' No.(2) -
(1). a (2) ‘ (3),
o
l. Ofliecr of the rank below the rank of a The Collector of the district in
district level oflicer. which the ofi‘ence is commi-
tted.
2. Officer of the rank of a district level The Commissioner of the divi-
oflicer. sion in which the offence is
. committed.‘i3
3. Oflicer out side the Secretariat, of the QSecretaryv to the Government
rank above the rank of a district level in the Department in which
officer. the otficer‘m'entioned-in co-
lumn (I) is for the time being
employed or, as the case may
be of the administrative De-
partment under which the '
local body or the Public
Undertaking functions.
4._ Oflicer 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 0; Chairman,
Vice-Chairman, President, Vice Pre-
sident, by‘ whatever name called of the ‘ '
local body or Of the Public Under- '
taking- ‘
5. Officer of the Registrar’s office of the Registrar of the High Court. After obtaining
High ;,Court other than the Registrar ‘ ‘ -- '
I'and an officer designated asa Judge or
Magistrate .and belonging to the State
" Judicial. Service. ' ._ - , -
approval Of
High Court.
- ~ v - A - -‘ ‘ ‘ At :.‘:.-‘ J» . ir—Ag ,54“'-:q 2.}. ‘ 2‘7.- ‘1‘1 1,9"! ‘.“,m\.u~ “'1 “ ~' {"a‘n-tx.‘ ~'-. ‘_ i “h ‘
kmdAewer‘Mr-iammm 9wmaWfiWmWMfsfiflm . t i . , _ . V V ‘ ‘
‘ Mwukfiau.«n-M ."v-up«'45-"-J~
ii
12-.
Nora-
I (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 Chair-
man Public Ser-
vice Commission
Afte.r obtaining
concurrence of
the Speaker of
the Vidhan
Sabha.
After obtaining-
approval of the
Speaker.
(2)
State Government .
(1) If associated with any offi-
cer 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 commi-
ssion.
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 .
,. «. ”cm—s... - ”mm. .,.. .. ..,r .mn:
M“. mim’9'm “P! “Wu «at-r. .. g
F WM*\M@$;&£W ”Ski‘sifiWMe , ,. . Are-av
r . m
\V '
I
1 1 5
_.__.——— ,——.___,,,_’._————-——._————-—. _ _;_————————-—-—-——--.._.-—--4————_.—————
‘ A l
(I) , - (2} (3-)
o. The Registrar of the High Court. The High Court '
Any perSOn (including a contractor) (1) If associated with any gm-
cov r d b .‘an of the entries oer or person mentione in
nm e 9 y y Column (1) of S. Nos. 1 to 12 '
against serial numbers 1 to 12 above. . .
the same officer as Is mentioned
in the cerresponding entry of .
this column of the respective
serial number g
7. Officer dmignated Secretary, Special State Government. ' After obtaining .
Secretary Deputy Secretary, or Under ‘ conCurrence of “-. 3
SeCretary of Vidhan Sabha Secretariat. the Speaker of 1?; i
the Vidhan . j": =
Sabha. j 1 i
.gy .
8. Officer of the Vidhan Sabha Secre— Secretary, Vidhan Sabha. After obtainin g, . i
tariat other than those mentioned , ' ' approval of the , 33 !
at serial No. 7. Speaker. 1:
9. Officer of the office of Lokayukt Lokayukt. ‘ :
and-Up-Lokayukt. j;
. z
10. secretary, Deputy Secretary or Under State Government. After obtaing 4
Secretary of Public ServiCe Commi- . concurrence of '
ssion. _ . the Chairman, 5
, Public Service
' Commission; ~
11- Officers of the ofiice of Public Service Secretary,_Public ServiCe After. approval i
Commission other than those men- Commissmn. ’ of the Chair-‘ =
tioned at serial No. 10. ' ' man Public Ser- i
‘ . viCe Commission a
12. Presiding Oflicer of the Member of State Gowrnment. .. :
the'Board of Revenue or labour Tribu- ' ' » i
' nal. ' i
|
I
i
(ii) if not associated with an
oflicer 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. .
NOTE—(1) In regard to the caSeS in which more than one officer of various levels are
involved in an ofi'enceunder the Act, the sanction/permission will be granted
by the officer competent to accord such sanction_in regard to the highest level
officer which shall be deemed to be proper sanction permission against all the
officers involved.
.. (2) District level Officer means an oflicer in chargeof a district and includes an
omcer in charge of a division in the case of Public.Works Department, Irrigation
Department, Public Health Engineering Department and Forest Depratment.
i
‘c
t
5,
g.
i, "
a
i
E
i
i
i.
i,
1
By order and in the name of the Governor of Madhya Pradesh,
' BRAHMA SWARUP , Addl. Chief Secy.
u.
2.4
I
I
'" -,
''''"- j
I
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 directinvesti-
gation on report submitted by the
Police OffiCer
(2)
Officer or person in respect of whom investi-
gation 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'.",-
-., '"":,-" ....,-~--- '.
(.1
- 1?
116
Bhopal, the 23rd September 1987
.No. F. 1+5-35—XLIX—10.—Ii1 exerciSe of the powers conferred by sub-section (1) of
35}:th 44 I‘fafii With Section 39 0f the Madhya Pradesh Vinirdishta Bhrashta Acharan
vaarafl Adhiniyam, 1982 (NO- 36 Of 1982), the State Govrnrnent hereby makes the
following “1165 ‘30 specify the prescribed authority on WhOSe direction a police oflic'er shall
investigate an offence under the said Act, namely .— ‘
RULES
The officers mentioned in column (2) of the table below shall be competent'to directa
v
Police Oflicer to investigate an offence under thisAct in respect of an officer or person men-
~ .tioned in column (3) of the said table :—
TABLE
S. No. Officer competent to directinvesti- Officer or person in respect of whom investi-
gation on report submitted by the gation' is to be made.
Police Officer -
(1) (2) . (3')
i _ ‘ g ‘
A
l The Qommissioner of the Division in Ofiicer up to and of the rank of a district level
which the offence is committed. - oflicer. ' -
2 Secretary to the Government in the Officer above the rank of district level officer.
department in which the Oflicer A '
mentioned in column (3) is for the
time being employed or, as the case
may be, of the Administrative De-
partment under which the local
body or the public undertaking
functions. ' _ _
3 The State Government (i) 'All Mikes and employees working in the
Secretariat of M. P. Government.
(ii) Chairman,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 Secretaryor Under
Secretaryof Public ServiCe CommISSIQn-
. All officers and employees working in~ the office of
the Registrar of the High Conrt, including
Registrar and anofiicer designated as a Judge
or Magistrate and belonging to the State
. Judicial Service.
4 High Court ' ....
‘5 Speaker of Vidhan'Sabha “ Officers of and above the level of Under Secrc"
tary working in-the_;SeCret_ariat of the M. P'
Vidhan Sabha. ..
6 Secretary .Vidhau Sabha
. Allofficers and employees. of the Vidhan Sabha
Secretariat other than those mentioned at
serial No. 5.
1'
.LM .mWim m4
s
m‘, “pausmzermumirm -%Wm«flfl‘whia enema-1mg. .IWWAa-L-Ahiji
‘GCi
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~ka-
yukt and Up-L'Jkayukt.
All officers and employeeS of the oJIice of Public
S·~rvice Commission other than those men-
tioned 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 accor-
dance with the above table.
(2)
Chairma!l, Pclb\ic ~;;rvice
Commission.
L')kayukt
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 un-
der the Act, t11e sanction/permission shdl be granted by the officer or auth-
rity competcnt to accord ~JUchsanction in respect of the highest level officer
Commissioner of the DiviJ:on III
which the offence is committed.
(2)
(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.
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7 Lokayultt
8 Chairman, Public Service
\ Commissxon.
9 Commissioner of the Division in
which the offence is committed.
NOTE—(l) In cases in which ollicers of various levels are involved in an offence un-
- der the Act, the sanction/permission shall be granted by the officer or auth-
rity competent to accord such emotion in reSpect of the highest level oflicer
(2) In respect of any person (including a Contractor) who is involved in an offence
utder this Act in association with any officer or person mentiOned In column
(3) the Sancti0.11/p3r1niSSiOn shall be granted by the ofiicer or authority comps-
tent to accord Such sanction in respect of such officer or person in accor-
dance with the above table.
(3) District level officer means, an officer iii-charge ofa district and includes an officer
in-Charge ofa division in the case of Public Works Department, Irrigttion De
partment, Public Health Engineering Department and Forest Depzrthnt
2. Government of Madhya Pradesh, Home Department’s XfSection Notification No.
. 7027-10894-82-x-I, dated 25th November 1982, is hereby rescmded.
By order and in the name of the Governor of Madhya Pradesh-
GCPB ~308 ——SL MP —29-7—88 ——5 00.
,117
_.—__.
All officers and eingloyees of the clfice of Loka-
yukt and Up-Lokayukt.
All officers and employees of the oflice of Public
Service Commission other than those men—
tioned at Serial No. 3 (iv).
All persons not coVered by any other entry of
this table.
R. L. VARSHNEY, Dy. Secoy,
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