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bihar act 001 of 1989 : Prevention of Specified Corrupt Practices Act, 1983

Prevention of Specified Corrupt Practices Act, 1983

BIHAR ACT 001 OF 1989
18 December, 1989

Be it enacted by the Legislature of the State of Bihar in the Thirty-fourth year of the Republic of India as follows:

Chapter I

PRELIMINARY

Section 1. Short title, commencement and extent

(1) This Act shall be called the Bihar Prevention of Specified Corrupt Practices Act, 1983.

(2) It shall come into force at once.

(3) It extends to the whole of the State of Bihar.

Section 2. Definitions

In this Act, unless the context otherwise requires

(a) Local Authority means any Public Undertaking, Authority, Co-operative Society, Corporation, Body, Board, Society or Organisation by whatever name they are known, constituted under any law, Ordinance, Act Rules, Regulations of the State Government, and also such Public Undertakings, Authority, Co-operative Society, Corporation, Body, Board, Society or Organisation, by whatever name they are known, constituted under any Central Act, Ordinance, Rules or Regulations over which the State Government has control and authority;

(b) Officer means a person serving in connection with the affairs of the State or Public Undertaking, Local authority, Co-operative Society or any other institution or organisation aided by the State Government.

(c) Public undertaking means a Government Company within the meaning of Section 617 of the Companies Act, 1956 (Act 1 of 1957) and includes a Corporation or any statutory body owned or controlled by the State Government by whatever name it is called.

Chapter II

OFFENCESTO PUBLIC WORKS

Section 3. In this Chapter, unless the context otherwise requires

3. In this Chapter, unless the context otherwise requires

(a) Construction means all activities relating to the construction of a work and includes excavation, filling, levelling and other allied works;

(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-contractor, Mukhiya, Gram Panchayat, Co-operative and all other agencies and persons employed by him or working under him or under his control for execution of such work; and the expression works contract shall be construed accordingly;

(c) Oficer-in-charge means an officer in relation to a work under a works contract who is primarily and directly responsible on the work site to see that the work or specific part of the work is duly executed in accordance with the terms, conditions and specifications of the works contract and the instructions, directions or work order issued by the supervisory officer or by the works department from time to time;

(d) Officer of the works department means the officer, whatever be the designation, employed in the works department and concerned with the survey, construction, repairs, maintenance, supervision, planning, drawing, designing, purchase, supply or shortage of goods, mechanically propelled or electrically operated vehicels of all descriptions, plants, machinery, tools, spares or all other materials, or equipments and includes an officer or official responsible for making payment of bills and advances, in relation to the work;

(e) Supervisory Officer means an officer whose duty is to supervise the work as per instructions contained in the Manual applicable to the works department or contained in 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 of any building, super-structure, dam, weir, canal, reservoir, tank, take, road, bridge, culvert, well including tubewells, factory workshop, water supply system, 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, plants, machinery, tools, spares or all other materials and equipments relating to the construction, maintenance or repairs of any to the aforesaid works; and

(g) Works Department means a department of the State Government, a public undertaking, a local authority, or a Co-operative society registered under the Bihar and Orissa Co-operative Societies Act, 1935 (Bihar and Orissa Act VI of 1935), which gives a works contract or under whose 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.

Section 4. Punishment to Contractor for violation of contract etc.

Whoever being a contractor of a works contract entered into with a works department, intentionally, knowingly or with a corrupt motive executes the work in material violation of the terms of the contractor or in flagrant disregard of the standards, specifications, orders or directions given by the works department, or its officers, so as to adversely affect the quality, workmanship, strength or life of the work or part of it, shall be punished with imprisonment of either description which may extend to three years or with fine or with both.

Section 5. Punishment to officer-in-charge and Supervisory officer

Whoever being an officer-in-charge of a work under a works contract being executed by a contractor or otherwise and on whom lies the responsibilities of supervision and in material violation of the terms of the contract or in flagrant disregard of the standards, specifications, order or direction given by the works department or its officers intentionally or knowingly

(a) permits or connives at, or

(b) omits to prevent or report about; or

(c) abets for corrupt motive so as to affect adversely the quality; workmanship, strength or life of the work;

(d) if, in doing any contract work, the contractor and the officer-in-charge together show the work only on paper and the actual work is not done; shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.

Section 6. Punishment for preparing false or fictitious muster rolls or measurement books

Whoever, being an officer-in-charge of a work in connection with the relief work or otherwise

(a) prepares a false or fictitious muster roll; or

(b) prepares a false or fictitious measurement book; or

(c) makes payments for false or fictitious, bad or false or fictitious excavation of metal, sand, earth; or

(d) incorrectly classifies a strata under excavation for making payment at a higher rate; or

(e) pays for no work or inadequate or fictitious or bogus work; or

(f) pays at rates that are grossly inappropriate or makes deliberate over payments in violation of rules and orders;

shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.

Section 7. Punishment for surreptitious sale of supplied materials by contractor

Whoever, being a contractor, under a works contract, sells or otherwise transfers cement, iron, or any other materials supplied by the works department for the work as per specification instead of properly utilising the same in the work or instead of returning the unused or excess materials back to the works department, shall be punished with imprisonment of the either description for a term which may extend to three years or with fine or with both.

Section 8. Punishment for submitting manipulated tenders

Whoever, being a tenderer for a work under a works department or any other department of the Government undertaking etc.

(a) procures, obtains or attempts to procure or obtain for himself or for any other person, work under a works contract by submitting fictitious, competitive tenders in the name of false, or non-existent or bogus person; or

(b) enters into a conspiracy with any other tenderer or tenderers in order to eliminate the competition for getting any collusive low rate tender or tenders accepted; or

(c) any contractor or any group at the time of purchase of quantity bill or submitting the tender(s), creates disturbance by using force, terrorising, intimidating other contractors in purchasing or in submitting tender(s) or acts in such a manner as may cause or try to cause, disturbance in free competition of tender(s); or

(d) any contractor, by submitting a tender or tenders repeatedly for an amount exceeding that of the registered category or his own capacity endeavours, conspires or intends to act otherwise for having monopoly on the tender(s); or

(e) employs or takes active help of a near relative or of any other person in a position to unduly influence the officer having authority to accept the tender shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.

The State Government shall reject the registration of the convict contractor.

Explanation Near relation in this section, means son, sons's son, daughter's son, father, wife, brother, sister, sister's husband, brother-in-law and father-in-law.

Section 9. Punishment to Officer for accepting manipulated tender

Whoever being an Officer or having authority to accept a tender on behalf of a works department

(a) abets the commission of an offence under Section 7 by accepting or recommending for acceptance of manipulated tender; or

(b) dishonestly manipulates evaluation of tenders with the object of giving benefit to a particular tenderer, shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.

Section 10. Punishment for wrongful or unauthorised disposal of property

Whoever, being an Officer of a works department, causing loss to the works department, dishonestly, wrongfully or fraudulently

(a) disposes of or otherwise transfers, or

(b) permits unauthorised use of goods, plants, machinery, tools, spares or other materials and equipments from the stores.

shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.

Section 11. Punishment for supply of sub-standard or lesser quantity of goods

Whoever, being a contractor for the supply of goods, plants, machinery, tools, spares or other materials or equipments

(a) makes, false statement in respect of the quantity supplied, or

(b) supplies sub-standard goods, plants, machinery, tools, spares or other materials or equipments which are not of commercial quality or not in accordance with the samples or specifications given in the order of supply.

shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.

Section 12. Punishment to Officer of the Works Department for abetting offences

Whoever, being an officer of a 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 knowingly by accepting the supply of goods, plants, machinery, tools, spares or other materials or equipments shall be punished with imprisonment or either description for a term which may extend to three years or with fine or with both.

Section 13. Punishment to Officer-in-charge for a purchase with malafide intention

Whoever, being an officer of Works Department, with malafide intention resorts to splitting of purchases which would have, otherwise, been beyond the pale of his financial authority to do so, or in flagrant breach of the establishment procedure for the purchase of goods, plants, machinery, tools, spares or other materials or equipments, shall be punished with imprisonment of either description for a term which may extend to one year or with fine or with both.

Chapter III

OFFENCESWITH FOREST PRODUCE

Section 14. Punishment for illicit felling or disposal of forest produce

Whoever, being an Officer having jurisdiction or concern, over the forest area and for preservation and maintenance of the forest or for disposal of the forest produce intentionally or knowingly with commercial purpose

(i) fells trees or logs illegally, or

(ii) girds or taps illegally; or

(iii) commits theft of wood, timber or bamboos or other forest produce; or

(iv) quarries of stones illegally, or

(v) knowingly permits, connives, deals for illegal burning of lime, or charcoal from that area or allows it to continue due to his omission to supervise, prevent or report shall be punished with imprisonment of either description for a term which shall not be less than one year but may extend to the maximum period of three years or shall also be liable to fine:

Provided that the Court may, for any special reasons to be recorded in writing, impose a sentence of imprisonment for a term of less than one year.

Chapter IV

OFFENCESTO HOSPITALS AND MEDICINES ETC.

Section 15. Punishment for failure to maintain register etc.

15. Punishment for failure to maintain register etc. Whoever being an Officer of 2[Bihar Government] Hospital, Dispensary or Relief Centre, organised or assisted by the 2[Bihar Government] does not properly maintain the stock register and bills and vouchers of medicines, ointments, medical equipments, etc., misappropriates or fraudulently removes the same, or knowingly permits, connives or abets such removal, shall be punished with imprisonment of either description for a term which shall not be less than for one year, but may extend to the maximum period of three years and shall be liable to fine:

Provided, that the Court may, for any special reasons to be recorded in writing impose a sentence of imprisonment for a term of less than one year.

Section 16. Punishment for neglecting patients, etc.

16. Punishment for neglecting patients, etc. Whoever, being a Medical Officer, compounder, dresser or nurse on duty abstains from duty without reasonable cause and without due intimation to the authority, or neglects the patients under his charge or does not deliberately issue requisition for the proper medicines and diets to be supplied to the patient by the Hospital or Relief Centre, or fraudulently charges fees from any person for his treatment in the 3[Bihar Government] Hospital, Dispensary or Centre, or where, there is permission for private practice indulges in private practice during the duty hours shall be punished with imprisonment of either description for a term which may extend to one year or with fine or with both.

Section 17. Punishment for failure to properly maintaining record

Whoever being duty-bound to prepare injury report or postmortem report of bed-head ticket of the patient, fraudulently prepares the same wrongly or intentionally omits to mention all the details or does not inform the authority or the police, where he is so required to inform under the rules or regulations or 4[Bihar Government] Orders or circulars, shall be punished with imprisonment of either description for a term which may extend to one year or with fine or with both.

Section 18. Punishment for fraudulent purchase of medicines etc.

18. Punishment for fraudulent purchase of medicines etc. Whoever, being in-charge of the purchase of medicines or medical equipment purchases substandard medicines fraudulently or against the specification or against the 5[Bihar Government] Rules and directions or purchases such medical equipments, etc. against the specifications or against the 5[Bihar Government] rules and directions, shall be punished with imprisonment of either description for a term which may extend to one year or with fine for with both.

Section 19. Trade of sub-standard medicines

(i) Any druggist, who purchases and sells sub-standard medicines or bogus or false medicines, or any such person, who abets the purchase and sale of such medicines shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.

(ii) Any officer, whose duty is to prevent the purchase and sale of spurious, false or sub-standard medicines knowingly omits to do so or knowingly shows negligence towards his duty as a result of which such medicines are purchased and sold shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.

Chapter V

OFFENCESTO SALE OF LIQUOR UNFIT FOR HUMAN CONSUMPTION

Section 20. Punishment for sale of liquor unfit for human consumption

(i) Punishment for failure to check sale of illicit liquor:

Whoever being an officer duty-bound to check and prevent the sale of illicit liquor knowingly omits to check the offence of illicit sale of liquor and reports or connives or abets the commission thereof shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.

(ii) Whoever manufactures or knowingly sells or is a distributor of illicit liquor shall be punished with imprisonment for a term which may extend to five years.

Chapter VI

OFFENCESTO REGISTRATION OF BOGUS FIRMS IN ORDER TO EVADE SALES TAX

Section 21. Punishment for applying for registration of bogus or non-existent firm name or for use of both

Whoever applies for the registration of a bogus or non-existent firm or uses a bogus or non-existent firm name for the purpose of manipulating sales tax evasion shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.

Section 22. Punishment for registering bogus firm or abetting offence under Section 21

Whoever, being an officer, intentionally, knowingly, or negligently, without holding proper inquiry, registers a bogus firm or permits the use of bogus or non-existent firms or non-existent firms name, with the intention to abet the offences under Section 21, shall be punished with imprisonment of either description for a term which may extend to three years or fine or with both.

Chapter VII

OFFENCESTO FICTITIOUS LOANS AND FALSE VERIFICATION OR THEIR UTILIZATION

Section 23. Punishment for advancing Loans, etc., to fictitious persons

Whoever, being an officer having authority to sanction loan or subsidy, intentionally, knowingly or with corrupt motive or otherwise, sanctions or advances loan or subsidy

(a) in a fictitious name, or

(b) to a fictitious or non-existent person; or

(c) in the name of another person.

and whoever receives actual benefit of such sanction or advance of the loan or of subsidy, shall be punished with imprisonment of either description for a term-which may extend to three years or with fine or with both.

Chapter VIII

OFFENCESTO CONSTRUCTION OF ILLEGAL COLONY

Section 24. Definitions

In this Chapter:

(a) Local area means an area comprised within the limit of a Municipal Corporation, a Municipality or Urban Agglomeration as defined in Urban Land (Ceiling and Regulation) Act, 1976 (Act 33 of 1976), Notified Area, area comprised within the limits of 6[Bihar Panchayat Raj Act, 1947] (Bihar Act 7 of 1947);

(b) Local Authority has the same meaning as given in Section 2(a) of this Act.

(c) Colonizer means any person, firm, corporation, company or by whatever name it is known, who deals in the business of sale or purchase of lands and building, flats or apartments, constructs building having residential or non-residential or composite accommodation or constructs multi-storeyed buildings divided into flats or apartments for residential or non-residential or composite accommodation and transfers in one or series of transactions or enters into an agreement for transfer in favour of person desirous to settle on those plots, flats, buildings or apartments and the expression establishment of colony , illegal colonization and illegal colonizer shall be construed accordingly:

Provided that no person, firm, corporation, company or a body by whatever name it is known, shall under-take the establishment of colony unless the Municipal authority and the Improvement Trust of that area, if any, or the local authority sanctions the plan for the establishment of colony and the State Government gives its approval, and unless he, on payment of such fee as may be prescribed for registration of colonizers obtains a licence from the Collector of the revenue district in which the land is situated:

Provided further that the colonizer shall not illegally divide it into plots with the object of establishing a colony.

Explanation. (i) The word Colonizer shall not be interpreted to mean or to cover the diversion of agricultural land or construction of building, residential or non-residential or composite accommodation by any person, industry, institution, firm, corporation, company or society which does not deal in the business of sale or purchase of land or building for the purposes of establishment of Colony .

(ii) Letting the house, building or apartment on monthly rent shall not be interpreted to mean establishment of colony or Colonization .

(ii) The declaration made by a person, industry, institution, corporation or society shall be sufficient proof of the fact that the diversion of agricultural land or the construction of the building is not for the purposes of establishment of colony as such.

Section 25. Punishment for illegal diversion or construction of illegal colony etc.

25. Punishment for illegal diversion or construction of illegal colony etc. A colonizer, who for the purpose of establishment of colony, illegally diverts the agricultural land or illegally divides it into plots or constructs building in an area of illegal diversion of agricultural land or commits an offence of illegal construction by establishing or attempting to establish illegal colonization or contravenes the provisions of any Act, Rule and Regulation referred to hereinbefore or any notification made by State or Central Government under any Act, Rule or Regulation shall be punished with imprisonment for a term which may extend to three years or with fine or with both.

Section 26. Punishment for negligence, etc. in duty

Whoever in the area of illegal diversion or illegal colonization by a colonizer:

(i) being an officer having power to sanction lay out or map for the construction of a building, grants sanction or approves such layout of the map; or

(ii) being an officer, whose primary duty is to do so, knowingly omits to report illegal diversion of land or illegal construction of building by colonizer in such an area to the proper authority; or

(iii) being an officer of the authority competent to sanction electrical or water supply connection, grants such sanction with respect to the building constructed by colonizer in such area;

shall be punished with imprisonment of either description for a term which may extend to one year or with fine or with both.

Section 27. Transfer of plots in an area of illegal diversion or construction of illegal colony to be void

Any transfer or agreement of transfer of plots or building, flats in a building made by a colonizer in an area of illegal diversion or illegal colonization, shall be void and the consideration for such transfer by the colonizer shall be refundable to the transferee with interest at the maximum rate and the transferee shall also be entitled to claim compensation thereof.

Section 28. Removal of the illegal diversion or illegal construction

The State Government shall have the power to issue direction to the colonizer to remove illegal construction or illegal diversion of agricultural land, if the colonizer is found guilty and is convicted by the court for illegal diversion or agricultural lands or construction of illegal colony and if the colonizer fails to obey the direction the State Government shall remove the same at the cost of colonizer.

Chapter IX

OFFENCESTO TAMPERING WITH THE PUBLIC DISTRIBUTION SYSTEM

Section 29. Tampering with the public distribution system by the licenced dealer

Whoever, being a licenced dealer under any order issued under Section 3 of the Essential Commodities Act, 1955 (No. 10 of 1955) instead of supplying the essential commodities to the public concerned in accordance with scheme of the public distribution system declared by or under the Act intentionally knowingly or with corrupt motives, transfers such essential commodities to other channels or maintains false or fictitious account for the fair distribution of the same, shall be punished with imprisonment of either description for a term which may extend to three years or with line or with both.

Section 30. Abetment of offence under Section 29 by an officer

(i) Whoever, being an officer directly or primarily incharge of supervising the proper working of public distribution system knowingly omits to check and report, connives or abets the commission of the offence punishable under Section 29 shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.

(ii) The members, of the Vigilance Committee for issuing a wrong certificate, shall be published with imprisonment of either description for a term of three months or with fine of rupees one thousand or with both.

Section 31. Offences relating to Social Security Pension and token employment allowance

(i) Whoever not being eligible for the amount or facility of the social security pension or token employment allowance admissible by the State Government, fraudulently, deceptively or misleadingly receives such amount or facility, shall be punished with imprisonment for a term of one year or with fine or with both.

(ii) Any person or officer, who intentionally/knowingly or without proper inquiry, issues a certificate to an unauthorised person for receiving the admissible amount or facility of social security pension or token employment allowance, or abets otherwise, or tampers with the distribution of that amount, shall be punished with imprisonment of one year or with fine or with both.

Chapter X

MISCELLANEOUS

Section 32. Punishment 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 of a transfer or posting or promotion, otherwise than by representing or approaching through the normal official or prescribed channels, or before he has unsuccessfully exhausted all such channels barring exceptionally hard and emergent cases requiring immediate attention or relief, shall be punished with imprisonment of either description for a term which may extend to six months or with fine or with both.

Section 33. Punishment for drawing salary for the period of unauthorised absence from duty

Whoever being an officer, knowingly draws his salary himself or by suppressing or otherwise misrepresenting the facts relating to his unauthorised absence permits or abets the drawing or disbursing officer to draw and disburse the salary to him for the period of his absence from duty unless the same is regularised by grant of permission or sanction of leave with pay, and thereby cheats the Government shall be punished with imprisonment of either description for a term which may extend to one year or with fine or with both.

Section 34. Statement of entire property by all Government servants and officers and employees of all public undertakings under the control of State Government

(i) All State Government Servants and Officers and all employees, officers and Chairman, Vice-Chairman, Directors, Deputy Directors and members etc. of a public undertaking, Authority, Co-operative Society, Corporation, Body, Board, Society or organisation and known by any other name constituted under Central Act, Ordinance, Rule or Regulation and over which the State Government has its control or authority and all those who, in any way, are concerned with the functioning of the said public undertakings, etc. shall submit simultaneously with joining the post after their appointment 7[or within a maximum period of three months] a statement of their entire movable and immovable property in prescribed proforma to an officer as specified in the schedule or to the State Government or to the High Court. In special circumstances, the time for submitting such a statement may also be extended by the Government and if such appointment has already been made earlier, the personnel concerned shall submit the statement regarding his property within three months from the time of enforcement of this Act and after that on 31st March 7[or latest by 30th April] at every three years, shall regularly furnish the statement till he retires from service:

Provided that such non-Government officers who have been appointed temporarily, shall regularly submit the statement of his property on the 31st March 7[or latest by 30th April], every year unless his service is terminated:

7[Provided further that the fourth grade employees shall not be required to furnish such statement.]

(ii) if the above mentioned employees, officer, Chairman/Director, etc., despite being directed knowingly omits to submit the statement of his property in the above manner he shall be punished with imprisonment for a term of one year or with fine or with both. Furthermore the Court shall have also the right to pass an order in pursuance of the provisions of Chapter 34 of the Code of Criminal Procedure, 1973 to confiscate the property in case abovementioned officer or employee is found guilty of earning it by corrupt practice.

(iii) All such advocates which includes Advocates-General, the Additional Advocate-General, Government Pleaders, Public Prosecutors, Additional Public Prosecutors and Assistant Government Pleaders and who have been appointed as the law officer for any period by the State Government, shall submit, within one month since their appointment, the statement of their entire movable and immovable property in the prescribed proforma to the officer as per schedule or to the State Government, and if such appointment has already been made earlier, they shall submit their statement of property within one month since this Act comes into force, and shall submit regularly on the 31st March every year.

If such Law Officers, despite being directed, knowingly omits to submit their statement of property, they shall be punished with imprisonment for a term of one year or with fine or with both. Furthermore, the Court shall have the right to pass an order in pursuance of the provisions of Chapter 34 of the Code of Criminal Procedure, 1973 for confiscating the property in case any Law Officer mentioned above is found guilty of earning it by corrupt practice.

Section 35. Appointment of a Commission in special circumstances by the State Government

(1) If the State Government is satisfied that a particular person or officer and employee of a particular category is prima-facie guilty of corrupt practice, the State Government shall have the power that in special circumstances it may appoint a commission in accordance with law for the cases of corruption relating to such person or class, whose presiding officer shall be sitting Judge of the High Court.

(ii) The Government shall decide the procedure and method of working of the Commission together with its appointment.

Section 36. Regarding compensation

The State Government shall have the power that it may take necessary action or compensation.

Section 37. Proof of sanction

(i) The sanction for prosecution of a Government Servant for an offence under this Act issued under Section 197 of the Criminal Procedure Code, 1973 (No. 2 of 1974), and purporting to be only authenticated and sealed, shall be admissible in evidence without formal proof:

Provided that, where the facts constituting the offence do not appear on the face of the sanction, the Court may call the officer authenticating the sanction to give evidence before it.

(ii) It shall be essential to obtain sanction within two months from the knowledge of the commission of the offence.

Section 38. Removal or technical defects in the form of sanction

Any technical defect in the formal sanction granted under Section 197 of the Code of Criminal Procedure, 1973 (No. 2 of 1974) for the prosecution of a person employed in connection with the affairs of the State shall not vitiate the trial unless it is proved that it shall cause substantial prejudice to the accused.

Section 39. Cognizance of offence

No Court shall take cognizance 8[x x x x] under this Act against any person unless a report in writing is made by such an officer of the State Government as it may, by a notification, specify:

Provided that no such report shall be made against a member of Judicial Service of State except with the prior concurrence of the High Court.

Section 40. Regarding Investigation of offence

(i) No Officer below the rank of Inspector shall investigate any offence under this Act.

(ii) Investigation of all offences under this Act shall be completed within six months from the date of their institution:

9[Provided that if the investigation of the offence is not completed within six months due to any reason the investigating officer before the expiry of the said period shall submit a report explaining the reasons for not completing the enquiry during the prescribed period before the officer notified under the Act and the Court after considering the said report of the officer notified or of the State Government and after recording the reasons in writing may extend the period of investigation for a definite period which shall be for a maximum period of six months and the investigation shall be completed within that period:

Provided further that if the investigation is not completed within the extended period this in itself shall not be a cause to postpone or close the investigation and the investigating officer before postponement or closure the investigation and if the competent Court is satisfied that further investigation or investigations is not necessary for reasonable cause the Court may after recording the reasons in writing pass an order to postpone or close further investigation or investigations and the competent Court not being satisfied may order to complete the investigation and for that may extend reasonable definite period.]

10[41. The police shall have no power to arrest any person in relation to an offence committed under this Act without obtaining warrant from the competent Court.]

42. Regarding trial of offences. The offences under this Act shall be triable by 11[the Court of Sessions]:

11[Provided that the commission of the offences regarding the public distribution system under Section 2 shall be tried by the same special court which have been constituted under the Essential Commodities Act, 1955.]

43. Provisions not to be derogatory to certain laws. 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), the Indian Forest Act, 1927 (27 of 1927), Bihar and Orissa Excise Act, 1915 (Act 2 of 1915), Essential Commodities Act, 1955 (No. 10 of 1955) and the Code of Criminal Procedure, 1973 (No. 2 of 1974) or any other law for the time being in force.

44. Rule-making power. The State Government may make rules for carrying out the purposes of this Act.

45. Repeal and Savings. (1) The Bihar Prevention of Specified Corrupt Practices Second Ordinance, 1983 (Bihar Ordinance 9, 1983) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken in exercise of the powers under the said Ordinance shall be deemed to have been done or taken in exercise of the powers conferred by or under this Act, as if this Act were in force on the day on which such thing or action was done or taken.

1. Published in Bihar Gazette (Ext. ord.) dated 18.12.1989.

2. Subs. by (Amdt.) Act 12 of 1990.

3. Subs. by (Amdt.) Act 12 of 1990.

4. Subs. by (Amdt.) Act 12 of 1990.

5. Subs. by (Amdt.) Act 12 of 1990.

6. Now, Bihar Panchayat Raj Act, 2006.

7. Ins. by (Amdt.) Act, 12 of 1990.

8. Omitted by (Amdt.) Act 12 of 1990.

9. Ins. by ibid.

10. Subs. by (Amdt.) Act 12 of 1990.

11. Subs. by (Amdt.) Act 12 of 1990.