The Chhatisgarh Vinirdishta Bhrashta Acharam Nivaram Adhiniyam,1982

;'~.:~,·~''''r:''·,:·-,·~··'-:..•.• _ .. '. ', ... :t~" r ,; ", 92' ,i ,,~ " '~l '4~ . ~ i, ' 'THE MADHYA PRADESH VINIRDISHTA B. HRASHTA ACHARAN NlVARAN:." ::IiqA 4 ~ V \ ;:;~ ". ADHINIYAM. 1982. ';j, .• ,ii; ',~;:k.\.,', ", (No. 96 01' (982), " '., <c. i ~ ': '" ,[aeeel ved the assentof'the Governo' on the ,29th Oetoher, 1982;'aSSen first publi,hed'M): it , " th,c:'Madhya, P,ade~h !'Ia':"e (E"eaoedinary)" da ted the 3~th' Oe;ober 1982.] ,:,,',; ,'_""j :~ .. ,,:,~' ".' _:_;" ':, .,., ". " ' .. "" . ',i "'.~'., "'," __ 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 .••nstit 0tlons", ;~~., .or organisations aided by State Government and bY-'some'otber,persons in.'~ their dealings',wlth the State Govern ment and' aforesaid bodies with,a view to :~ :• ."t',~"." • ,', ,~M ,':. :".' ".:~~,; .:,,' eradicate and.effectively·prevent sucl,1 practices and~Cor other-miscellaneous; :'5;;:;'2';''','':;;:~'>\'':E, ~ '"~~': 'g~:;~~~;-.matl~~~"c~~~.,.~~d,'!,~,.~~VI: tb:. ,,0 " ,; '" ,,' ':: i•..'\ of c! ~ " ," ",,' <", Beit eHae'cd by tbeMadhya,Pen desh Legi'la tUtein the Tilie'y'thl rli ye.r· llie aepubli ~.• :",' it:,,, of, Indiu.; US"· follows.:- :'., ',', " .' ," ", ,',>., ~,'~' . " .. '.,; '.~. ,:,'"::,, ':',:'': '.",,, " , ', .•.," ••... " ',' , " ,.,'.', ,'~,.:." ,,S' tat~~~:t':: : bjeets .~d R•• so.;~-::~e~:.cral 'I~VI''eel::;:g' t~: :;;~~n;io:·:;lf:~ 'i: :.~•. '. ,''- ' . eorc'\P'io~ l1"venot be"" .ble to folly aeh;eve '110~csie~J objective o~ O""OUlll~f too m~eh • " ofgeneealisa,llollO, It ,nppear.d to be neeessaey to •dentJfy and effecl' vely 'pulll,h specIfic ',il ~ , : poi,nt, of core.ptiM 'in e.la tion to the' over expending planning, deve/opmen t and.!, constructiOn actiyitieswhero largo public funds aro involved and in relation to other matter.'i i<t ',' , ',' , A, thom"tl"· Via' urgen' and tb~ Vidh,n Sabh. Wasno' in "ssion, the 'M.dhya Peadesh~, i "c' : Vinirdi'bta'Bh,. ,h" Achaean' NivaeaI' Adhyadcsh.1982' (No, 15of1982)' Viaspc omu/gated: I .-,;:,:" fort he'p uepose. It iSH~VIpropose dto replace t~e,Said oediOaneeby an' Act' of the, S••te" ~'.• '.'"..... Legi~Ia.~ure with. fertam· moddicatlOns. " ."':. ":' ", ~ ! . ~ ' .,. '\ : :'" ~:"'," "'. , : ' ' : .; . . : 1~.d. :-. •• , •• < .' ~ .•.. , . ,: '. ,. '.:'2.' Henc~:. this )~ill ..,..;:.:', < lI, '"':. '"".:,;. ' ;. ;,,:",',;;\''::,.,'"~ ,',7.' ,"\:",.' ',',,'. ' ....• ' CHAPTER I~PRILIMINAE.Y . " "<'I. ' i!''.., '':.: Sbort IItic a.d OxIe. t,-(I) Thi" Ac' may 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 Cou , ncil constituted under the!Yfadhya P , r ' a . desh. M" unicipalities: ' ' .. ,~ct, 19-61 <l':C03-'7.of 1961).', . ,', " "', .• '.," '. ", \', " , ' , \ "", ", ..'(iii) A 'Pa~chayat constitu,tod under tho Madhya Prudes)) Panchuyat Adhiniyum,:~ "'~'{l'r.;~>,:,::::::,,~ ',:""-"',;,,'" 1981 (No. 35,ofI981). ',' " ".', ,.'., .' ' ,' • , ',' c', '., " ' " '. U:Pi>!, ", ::,,: ' ;'.<iV),-A 'M~~di 'Samiti,'conUituted under tbe Madby~ Prade.ui'I}riWlj ~~i. .:.:,'- ,.;' ..:,... Adbl/1lyam,!Q77 (No.24 of 1973). i' .. ,',' .'. ~,/. ~ ,\." :~ i '•. ' ":, •l\b "'Offi~er" ;,..,~, a'perSOn'eevi ngin ;'",n ee'ion witb the allairs of the St~Ie;,publlo c .:'':'" .';' ,': c,; undertaki ng, local authori Iy, co-opeea hve so•••ty Or any otber m,t.lutlOn .' ',::,' ·'ororganisation aided by the·State.Qovernment; . ' :', '\ .,,,' ,(c) "Publi. Ullder 'aking" \means 'n Goverument company within tbe menning of::, .' ': .soction617 oftho Companies Act, 1956(No.1 of 1956),and includes a Corpora-;., h ' tion or other statutory bOdy, bywhatever narue cal~ed. in each case (owned or " . ." 'COntrolled by 'the State Government. "'I': I I r I . .-~--f ,.' I 93 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. (b) '~con~ractor~'in relation to a work means a person waho,undertakes to execute the workullder a works department, in pursuance pf conlract and inclu4es, wher~ the context so requires, a sub-Cpntractor and all other agencies and ~i:son& employed byhim Qrwor: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~pcontract W.il()IS pnmarllyand directly responsll* on the.W9.r~~~e tos~e t~~ the ~Ol~ ofspecific part ofthe work isduly executed in aCC()rdancewi~~ 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 bYthe works 4epartmel,lt from time to time; , (d) "Officer ofthe works depiu;tment" meal,lsttle officer, whatever be the designation, employed in the works department and concerned with the survey, construction, replirs, maintenance, supervision, planning, draWing, designing, purchaae, supply orstore ofgO()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 ._. '. _ ••• (e) "Supervisory officer" meanS an officer whose duty it is tosupervise the work as per instructions eontained'lU ' the Manual applicable ~otliewcirks 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, 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"; (g) "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. 17of 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. I''';:' 4. Punish ment of contractor for violation of contract etc.-Whoever, being a contractor ofa works contract entered into with 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 soas to adversely afl'ect the quality, workmanship, strength or lifeof the work or part ofit, shall be pU"lishedwith imprisonnent of either description 'Yhichmay extend to three years or with fine or both .. . ~, .i. POOI.h ••eol of oltieer-IO'eh •• ge fot laek.of .0pervlsloD._Whoever. being 'aWnIose.',Iii?neter'nlOtI:Oonha"glley oofrakWnoowrhIandge!ry_ a Wcrk, contract. b" ngexecated bya OOnt" ctor orother- (a) permits or' colnives at, or offi (b) oUlits to prevent or to repart about, or dep (c) abets for corrupt motiNe, The work being do.1ein (i) m"erial violation of the lerms of the COntract. or (n) flag ; <tis,egard of the st'n dlCd,. Sp.ecifiCdlionsorders or directi~as givea by Ihe worb depetmen t ran or tis officers10ellhe, case soas 10ad~er"ly ;<IfeetIh~qu,!' ty, workmanship. strength Orlife i, m0(ay the ex w te o n r t ko to r p t m hree of y d e , a s r h s al o l r b w e it p h an f l i s n h e ed or w b . o th th.Imp""'nm •• t of oither , d . oseriplioo which shall with 0. 6. PonishmeOI fo. p.epa.lug fal•• o. fietitloos MO.le. Roll. Me•• oremeol booto.-Whoever, be'iog offieer-iir-charge of a work in connection wilh lhe relief Wnrkor any other work intentionally or knowingly.-.; 1 being (a) prepares a false Orfictitious muster roll, or (b) prepares a false or fictitious measurement book, Or (c) makes payznent for false Orfictitious lead or false or fictitious excavation sand, earth, 01 , of metai, shall Ix (d) incorartree,ctIyorelassifies a .trata under excavation for lDakiugpaymenl al a higher :1 .1- rr ~'::' (e) pays for no work or i,nadequate Orforfictitious or bogus Work,or Whoeve (I) pays at rates Ihat are grossly inappropriate or makes deliberate overpayments. in- violation of rules and orders, ~ther m lwIliatlhl fbineepuonribshoethd. with imprisnlllDenl of either description \Vhichmay extent 10 th•.•• years or (a (b 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 Workor instead of returning the unnsed orexcess I material back to the worb department, shall be punished wi'himprisonment of either descri- shall be p ption whiChmay extend to three years Orwith fine or both.' withfine { I for a'W 8. ork Pu u 0 n 1 d sb er m a eo W t o f r o ks r de S p u a b rt m m i e lt n i t. o _ g maoi Pnlaled Ienders. ~ Whoever being a tenderer I Exp (a) pCOCO••r obtaios or attempts to proCure or ob",ins f~r himself or for. aoy nthe, person Workunder a Workscontract by submittIng flcltlt ous,competJhve tenders in the name offalse, or non-existent or bogus pe-rson; o1r (b) eoters ioto a co",piracy wi'h any olher tenderer or tenderers in order to eliminate tfhoer caoc'coeppet'aitnicoeo; fOorr thc purpose of p",hing ooe of the colIu,ive low;rate tender. (c) employs Ortake, active help ofa oear relatiVe or of aoy other persoo io a positioo to unduly influence the otricer having authOrity to accept the tender, . sohralwlitbhefpiru..oei,ohredbotwh.ith imprisonment of either descriptioo whiChmay exteod to three year, 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. I. -~---------~---- .-------- ,; 95 9. Punisb ment to officer accepting mulpulated tender. - Wiloever, being an officer ofa works departrr.ent, haviag l\uthority to accept <1 tender on behalf of a works department.- (a) abets the cGmnission of an offence under section 8 by :l;;~ptIl.> Jrrecommendin. for acceptance such tend~r; or (b) dishonestly manipulates evaluation of tenders with the object of giving benefit to a particular tenderer, shaHbe punished with imprisonment ofeither description which may extend to three years or with fine or both.. 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 (b) permits unauthorised useof 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. 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 'Othermaterials Orequipments- (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 Im[:>lesx s)e;Jicatio.ls given i.l the order of supply, S shall be punished with imprisonment ofeither description Whichmay extend to three years of with fine Orboth. 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;}eryt,o.:>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 offence punishable under section 11 ~uowmgly .by acc·;:ptlng the supply 0f, g~:)Qjs,.plants, t ~ machinery, tools, spares or other matenals or eqll!?:n.:ats ~Il:lll.b~ pU'llshed With ImpnSO'lment 1 .ofeither description which may extend to three years or Withfllle 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 WhIChwould have otherWise been beyond the pale of .hisfina.ncial authority to do so, or in flargant breac:l of the est!lblished p~ocedure for the purchase ofgoods, plants, machi~ery, tools;.sp~res or. other materials or equipments, ~hall.be punished with imprisonment ofeither descriptIOn which may extend to one year or WIthrIn.~ or both. --------------_ .•. I Il ~ .. ,. 96 CHAPTER II~-OfFENCES 90Nl\{EC~ED WITH FO~EST P~O:PUGB CHAPTE be"ng14. Pu~ishm~nt ~or illicit feUing or disliossl of for£st produce.-Whoever fo:e a~ off!c~r prImarIly and directly in-,~ha~g(f.ro~ ~e preservation and maintenance o'r . st,area OrdIsposal offor~3tprodu~, haVIng JumdlctlOn or concern with tbe forest area ii, a 18. Pt IOtentt<;m lIyOrknJwingly permits, cO:lnives,abets or suffers on account of his' omission td supervIse, prevent Orreport the _ '. ' . eutets in~o , {)thd contra (i) illegal felling of trees or logs, or punis~ed wit or with fine (ii) illegal girdling or tappings, or II (iii) theft of wood, timber or bamboos or other forest produce, or 19. Pu (iv) illegal quarrying of stones, or tion.} Who~ otherWIse de (v) illegal bu~ning o~lin;t.eor.charcoal from the area, for commercial purpose shal I (a) liq be PUnIshedwIth Imp!1sonment of either description which shall be not lessthan one Y.lar blt w\i::'l !Ilj ex:t~ni t) tl1re~y~ln a:1dshill also be liable to fine: I ;(b) an: Provided that the Court may for any special reasons to be recorded in writing, impose a sentence of imprisonment of 1e~sthan one year. shauJi c "(i) if Explanation. -The provisions of this section shall not make liable as an abettor, any person having nistar Orany other rights under any law for the time being in force, or by any order made thereunder to remove Oruse any forest produce from a forest area. Iii) if ; IS. Punish ment for falsification of bid-sheet and manipulation of transit passes.-Whocver, being an officer.- I (i) Explana manipulates bid-sheets in relation to auction of forest produce, or I ' (ii) manipulates issue of fictitious transit passes with a view'to give benefit to any t person Orfor causing wrongful loss to the Government department, I CHAPTER shal! bepunished' with imprisonment of either description which may extend to three years OrwIth fme or with both. I 20.1 Puui CHAPTER IV-OFFENCES RELATING TO CLAIM OR AWARI) OF DISPROPOR- Wnoevir, appli TIONATELY EXCESSIVE COMPENSATION. existent1lficn n, for sub-rliWng c 16. Punish ment for false or fictitious clai ms.-Whoever, by misrepresenting mayext~nd tot facts, claims compensation for non-existent or fictious property or in the name of non- s exi te11.!~rfictitious person or bygiving false Orfictitious description of the property for grossly II E"{planat exaggeratIng the value thereof, in a matter relating to the acquisition ofsuch propery, shall be I ~unished with imprisonment of either description which may extend to three years or wit h ot fine Orboth. ar. i ot Su 17. 'Punish men! for awud of disproportionately excessi ve co mpensation.- ra Whoever, being an officer empowered under any law or by an order. or otl1erwise .direct~d to of assc~s0raward c:>m:J::nsltiorrfor acquisition ofproperty, dishonestly with a malafide lutentlOll- 21. Puuis (i) assess"':sOrawards compensation which is excessive so as to be grossly dispropor 20.-Whoever ! tioilatc to tll.: m'l,ket value of the prop'~rty acquired, or in violation of any direction of lawfor the tiIUeb::iligin force, prc S s 0 ';::ribillgthe mode of calculation per ! .. nqwfY J , re"g;. of compensation. or, theIntention to. either dek'btic (ii) assesses or awards compensation for the noa-existent or fictitious property or to a fictitious person; ,II " . I, shall be puc.ished with imprisonment of either description which may extend to three years or with fine or both. J. Amended" "Iished ir illast wor f"..-.~ ! ..-oJ I 97 CHA~TER V.-'OFFENCES RE!..ATING TO COLLUSIVE BIDDING AT PUBLIC AUCTION 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 Orboth. 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- (a) liquor unfit for human consumption, or (b) any drug adult'~rated or misbranded for internal or external uSeof a human being shall- 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 (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. 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. y CHAPTER VI.-OFFENCES RELATING TO REGISTRATION OF BOGUS FIRMS FOR. SALES TAX-EVASION, ETC. 'S 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 usesa bogus or non- existent fiCl1rWill';, 1'0;the purp)se ofm1.!1ipuhting, 5:tles-taxevasion for collusive bidding or forsubnitt;ng coHu>iveten.der, shall bepu'1ishedwith imprisonmen tofeitheF description wbich mayextelld tothree ye2.rsor with fineor both ... 19 / n- E~planation.-30gu~ firm includes a fictitious firm nominally registered in the name .ly ofa relati01,fre11d 0,'servant ofa businessman only forshowinga seperate entity be and havingso;ne nomi;-,'lltrans:lct:o.l recorded in that Harne, and having for its lh 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 ,- , rates given or bids ma.debythe real firm so2.9to mak0 issure that the real firm ofthe busineJsm:m getsthe contract or licence, as the case may be. to )- 21. Punish ment for registering bogus Fir mfor abeting offence under section 20.-Whoever, beiJg an officer intentionally, knowir':glyor r.eg1ig;ntly, withouthoidi:rg pro- ·or per inquiry, registers abogusfirmor permits the useofbogusor non-existentfirm's name, with :lY the intention to abet the ofl"e:1ceun.dersection 20, shall be punished with in:prisooment of 011 either desc<lj)tio,l which mB.yextend to three yer.rsor with fineor both. .. .. to " J.. Amended vide M. P. Vinirdisht-aBhea&t-aA·chaeanNivaran·-(Sanshodhan) Adhiniyam, 1984, pub- ars lishedin M. P. Rajoatra (Asadharan) dated 20-11-1984, pp. 3170-73. Prior to amendment, the lastword 'ETC.' ofthe heading ofChapter VI wasmissing. I II 1 I 98 CHAPTER VIi-OFFENCES RELATING TO FICTITIOUS LOANS AND FALSE I VERIFICATION OF TaBlE. VTILlZATION .. . 22. Pu~isbment ~oradvanc~Dg loans, etc., to fictitious persons.-Whoever, being an"officerhavmg ~uthof1ty to s~nctIon or advance loan or subsidy intentionally, kn0wi;:g!y or lorco:'.ruptmotIveor otherWIse,sanctions oradv~ncesloan or subsidy- ' (a) ina fictitious name, or from 1 case th . (b) to a fictitious or non-existing person, or the are of settI (c) in the name ofanother person, Ilacco~r ;:J and wh.0everr~cei~es8;ctualbenefit?f suchsanction oradvance of the loan or ofsubsidy,shall 'I'land be pUUlshedwIth Impnsonment ofeIther description which may extend to three years or with ,payme; fine or both. Coloniz: 122-A.. PQnisb~ent for delaying e~c.loan cases.-Whoever being an officerhaving 1[ Pre r the authon ty tosanctlOn,advance or to dIsburseany loan, advance or subsidy of the State I" Prades1: Government or local authorityor.a public undertaking, intentionally, knowingly or for ,•'...,...• ~'V""O corrupt motive- . d'V; (a) prepares false report or misrepresents any material fact, or (b) takesinordinately more time than whatisnormally required over the preparation ofthe papers or processing ofthe case thereby delaying the sanction oflo,'!]lor advance ot subsidy; or i (c) delayor cause to b~delayed the s8.nctionor d;sbursementofJoan,advance or sub- I ( sidytoan extent which is opp~essive having regard to the common Course of businessofthe officeofthe State Government or local authority or a public undertaking, asthe case may be, ( ~ £ shall bepunished with imprisonment ofeither description for a term which may extend to .! three years or with fi~leor with both. 25. 23. Punishment for false verification of loan utiIh:ation.-Whoever, being under p,rovisio a duty toverifyand report proper utilization ofalo~mor subsidy falsely reports, verifies on and the .te;;tifiesto 6e proper utilization thereof, with reference to the purpose for which it was M illeg; 1 .sanctioned or advanced, when in fact it wasnot sorttiIisedfully, or wasutilised only partly. or WES r..ot utiLsed at all, in rehtioil to that purpo:;e,.unJcss it Wi,S diverted to someother J?ur- .ie6 pose with the prior sanctio,; ofauthority.which san~ti?ned o~advanced the loan or subSidy i, shall bepunished withimprisonment ofeither desCriptIOnwhIch may extend to one year or il • reqUlren with fine or both.. c~loniza1 II~ 2? CHAPTER VIII-OFFENCES RELATING TO ILLEGAL COLONIZATION camml ts be'I • PUl1lS 24. Definitions.- In .this chapter, the expressions,- i]r;.~i 28. 11 (a) "a colonizer~'me.ansa pe~~n ~ho, i?-.a local area', after taking nOobjectiotl I certificate or prIor permiSSIOnIn writIng, as the caSe may be,- (i) under section 112 of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 C0nstruc of 1959), ' oint e year I (ii) unde; the Urban Land, (Ceiling and Regulation) Act, 1976 (No. 33 of 1976), 30. the I. inserted vide the M. P: Vinirdishta Bhrashta Acharan Nivaran (Sanshodhan) Adhiniyam, 1983 (i (No. 37of1983),publishedin"M.P. Rajpatra" (Asadharan) datcd.1-12-1983 atp. 3323' '. ! ,","",""i"' •. ".•,,-~........( __ I ,. I . 1'1/.•~:..••• , '.l:"\.': 99 (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), :'." from the res~ect!ve au~hority competent.t? grant the .sameor from a Nazul authority in case the land IS<sl,tuat.~In aNazul area, dIVIdesthe land Intvplots, wit~ or withouf developing the are a translers or agreesto 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~sidel1tialor composite accommodatIOnand the expressIon' estahltshmentof colony,'colollIzatlOn" "illegal colonizer" and "illegal colonization" shall be cpnstrued accordingly: Provided that no per30n shall undertake the establishment of colony unless he on payment ofSUC!flee 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 172of Madhya Pradesh Land Revenue Code, 1959(Np. 20 of 1959) more ommission to grant sanction for diversionof land within the paiod specified there in shall not amount to grant of sanction· for diversion for the purpose of this Cha,.pter.. .(b) "local are~".me~nsan area comprisedwithin th~limits ofa Municipal Corporation a MUniCIpalityclass 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 NiveshAdhiniyam, 1973(No. 23of 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 transferor agreement vI transfer from acolonizer; (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) . 25. Offence of illegal diversion of land.~A colonizer who, in contravention of the provisionsofsection 172of 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 diversionofland. 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 I requirements contemplated in clause (a) of section 24, commits an offence of illegal colonization. I 27. Punishment for illegal diversion and illegal colonization.-Whoever commitsor abetsthc'comm;ssion ofan offenceofillegal diversion Orillegal colonization shall be punished with imprisonment which may extend to three years ~r with fin'~or both. 1 2B. Offence of illegal construction.-WllOever, C,)1structsa bui,ldingin an area of illegal diversion or illeg3.1colonisatio:l commits an off~nceofillegal construction. 29. punishment for illegal constr'uction.-Whoever, commits an offence of illegal 1 construction shall be pun:shed with imprisonment ofeither description which may extend to 1 one year or with fineor 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 abuilding, grants, sanctions or approves suchlayout orthe map: or ,( 100 1. (if) b,::i:'lgat.10fficer under.a primlfY duty. ~od0 Sokuowingly omi~s to report illegal dlversIOnofland or 1.1IegliCOnstructIon of a building in such an area to the proper anthori ty; or \ Vol I 'aIlottc( (iii) b~ing;li1.oncer or the ;1utilOrity competent to sJ.uction electrical or water supply i'ment -~ '· connectIon grants suchsanction with respect to the building in such area; or ,tructio" I functio (iv) illeg:dly influences the officers afores":.idin graIlting such sanction or in omitting a term to m1kc a rcpxt of such ilIegll dive::-sionofknd or construction of a bUilding in such arC2, 32 ibeing c .shall be pu:ished with imprisonment of either description which may extend to one year or :~llot1a with fine or both: I'~nd, :1.:···.,· . p allotme '. tend to I Pr.')vide1 tha. t noUli19 cO_Itdn.edin clause (iii) shall apply to the cases covered thereby I w,lere LIeC:>llectorofthe district COncerned certifies that in the public interest there isno ob- I jectio.l to p~ovideelectricill and water supply conuectiollsto the buildings in the area ofillegal !t 32 reing a dinr.:iio!1or iIieg:d C)lO.lizltioil in existence immediately pdor to the 30th October, 1982. ~repan motive i 31. Transfer of plots in an area of illegal di,version or illegal colonization to be Certain f void.-(l) (a) Notwithstandinganythingcontainedin the Madhya Pradesh Land R.evenue o a" ther p term ~. Code, 1959 (No. 20 of 1959) transfer or ~greement of transfer of plots made by a coloniser ! • inan arel of illeg·d diversion or iIleg:.lcolo;1izatio!l shaHbe void; il ! €HAP'i , (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 33. land preferentially a'm~ngst the plot holders in such manner and subject to such Condi- ler licen d~o. tions as may be prescribed,; 10 Act, as t ppI'bl l ' C e, (c) The allottee shaHO'~fulfil'l1~nt of the co,'1ditionsbe deemed to be a valid transferee lIiy, kno\ ofthe plot fr011~)h1is~r, aild the p)wersofthe Collector as'manager ofthe plot shz.IIcome to daintaiJ an end. whh imI (2) The l',·O.'f3 J OilS of thi3 section shall have retrosp~ctive effectionall tranSaction:; II 34. eer, dire w~lere ;).lJtrJ.ctiO,lS 0;1 the are~l of illegll diversion or illegal colonisation had not com~ s~hem,k menced on the 8th September, 1982. plitnishat m:<Iayexte 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 II ofcO;1Yictionof the c010nizer u;~dersection 27, stand forfeited and vested in 1he State free CHAPTF from all encumbrances. I 35. I the State 2 CHAPTER VIII (A),-OFFENCES RELATING TO ALLOTMENT 9F GOVERNMENT transfer ( LAND ETC. no'~mal0 i nn~ls, bel 32 (A). Definition.-In this Chapter "authority" means any authority constituted or relilef, sh: appointed byor u'lderal1Y law m-..d~by the State Legislature and for the time being in force. mdnths 0 I Expl 1. Inserted vide the M. P. Vinirdishta :ahrashta Acharan Nivaran (Sanshodhan) Adhiniyam, 1985 I (No. 4of1985), publishedin 16M. P. Rajpatra" (Asadharan) dated 26-4-1985 atP.1014. 2. Inserted vidc'the M. P. Vinirdishta Bhrashta Acharan Nivaran (Sanshodhan) Adhiniyam, 1983 (ACt No. 37 of1983), published in M. P. Rajpatra (Asadharan) dated 1-12-1983 atpp. 3323-3324. I - ".,'..'.' ~",--;~".",'' .,.t ">c",,,,,,,,"" .~• ,. i' ' ,::....••'•"•"•""........,."..•._....i.l~WiJt'.ji,r't~iJ:.f~~. I 101 32' '(B). Punish ment for securing allot ment of land by misrepresenting facts.- Whoever:, intcntio~ally. knowingly or Wi' C0Truptmot~ve, get:slan0, 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 Orissued 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 flatin flagrant violation of law or instructions, 'governing or regulating such allotment, shall be punished with imprisonment ofeither description for a term whcih may ex-. tend to three yearSor 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 RELATING 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, 195S (No. 10of 1955),instead of supplying the 1essential commodity, declared by or under the said Act, asthe State Government may, by notifiCation spedifyfor the pUrpo~ ofthis chapter to the publiCconcerned in accordance with the scheme oftho 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 ofeither 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 ... ~,1'.:··· system, knowingly omits to check and report connives Or abets the commission of the offence punishable under section133 shall be punished 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 ·1 the State or of a public undertaking, secures or attempts to secure,his transfer or cancellation 0 I tra:Usfer or p.)sting Orp£,o:notion otherwise than by representing or approaching through the normal official Orprescrib~d channels, or b~fore hehas unSUCCessfullYexhaused all such cha- 1 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 t, , months Or with fiI!e Or both. .!,i I 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 ofChapter IX of this Act :.- i t (1) Sugar, (2) Wheat, (3) Rice, (4) Edible oil (5) Kerosene (6) Petrol (7) Diesel (8) Controlled cloth and (9) Cement (Levy). \ I , ~ ,.._-~~~.. -~..-.' '~ .I 102 , , nl? state oro( a pubiic. under taking ~n the tter of such transfer 0:- cance!1ation of transfer or po~tmg or pi'cmotJOJl shall amount tv abetruellt of the offence !4 under this secti~r. within the meaning of section 10'/ of the Indian Penal Code and ef 1860 (No 45 of 1860). , (5 36.Pllnishment for drawing salary for the period (If qnauthorised absence stance from dqty.-Wboever, being all officer intentionally draws, himself or by Suppression of facts or otherwise, misrepresenting the fa,ctsrelating to his absence permits Or induces the drawing and disbursing officer to draw and 9.isburse the salary to him for the period of his I 36 deliberateunauthorised absencefrom duty unless the sameisregularised by grantofPCTmissOi n 36-C tt or sanction of leave with pay and thereby cheats the Government shall be punisb_ed with m'I ake a imprisonment ofeither description which may extend toone year or with fine or both. w:; \y CHAPTER X-(A)-OFFENCES RELATING TO ACQUISITION OF PROPERTY 1 BY ILLEGAL MEANS. ~elease after de 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). _ , , ,II, 36 (1) If i~on (1) 36 (B). Offence ofacqqistion of proqerty byillegal means.-(I) Not with standing 'f - anything contained in clause (e) of sub- sectio:J.(1) ofsection 5of the Prevention ofCorrup_ tlb lim.it r~\~maill , 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>untfor or which is disproportionate to his known sources ofincome,cammjts an offence ofacquisition of property by illegal means.- II (2) triet Jud~ (2) Whoever -;commits an offence ofacquisition of property by illegal means shall be OfS1 0;;tio~• puuishale with imprisonment for a term which shall not be less than one year but which pro'Iperty _ may to extend to seven years and shalla Iso be liable to fine which may extend to the value j of theproperty in excess of his known sources of income: i , (3) ?r!being 1 Provided that the court may, for any special reason to be recorded in writing impose ISSued un, a sentence ofimprisonment of less than one year. - • ,I _ th~tspec; ,att<)lchmer 36 (C). Attach me,nt of ptoperty.-(I) If the Di~trict Magistrate has reason to such prop believe that any officer holds property for which he cannot. satisfactorily account fOrhe may make a declaration to that effect and order for attachment ofthe said property: II,(4) " Provided that.- thereof ill, maK'Ie an 0 unctbrsub (i) no deelaration shall be made; or } , (ii) no attachment ofthe property shall be ordered, without Obtaining the concurrence i 36 .(I therefor of the Advisory Committee appointed by the State Governmentfor no C1lause IS the purpose : date,\the D re-main att« Pr,ovided further that no order under this sub-section shall be made without giving the !I officer the reasonable opportunity of being heard and adducing the t2) If documentary evidence and evidence on affidavit in his defenCe. procged to i and illall 0, (2) on attachment of the property under sub-section (1), the provisions of the code of and ds..ercisC' Criminal Procedure, 1973 (No. 2 of 1974) shall apply thereto. 1908~rNo. rcq uired to , (3) Notwithstanding the provisions of the COde of Criminal Procedure, 1973 (No. 2 of i . ll t, h e11 prope 1974) the District Magistrate may, in lieu of surety, appoint an administrator who shall have aUth; p~wers to adm~nister the property ashe deems fit, in the best interest of the property. it " (B} Af or.de~litothe t· Inserted vide the M. P. Vinirdishta B:lrashta Achatan Nivaran (Sanshodhan) Adhiniyam, 1984(Nit. CfImlllal pro 50of1984), published inM.l>. Rajpatra (Asadharan) dt. 20thNovember. 1984at p.P. 3170to 3173. t he pro'Ipertv' I . , ".><'., ,~--" ~~-- - .•...... ,- -'it,;.t.,- --~. I 103 :r (4) heD:s!ri,ct M!lgistarate may pw\'ide polict: help to the Adn~inistrator for prope r and eff~dw~ 41ml!1lStratlOnof the property. ' , (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. , 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 ,arepresentation to the District Magis.trate, showing the circumstances and the mean~ by which the property wasacquired by him, ' , , , .. (2) If the District· Magistrate is satisfi~dwith the repres.~ntatici;], he may forthwith release the property from attachment and (her~upon the property alongwith 'mesne profits after deduction all expenses charged the property shall vest in the owner thereof. 0:1 36 (E), Reference by District Magistrate to District Judg.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 ofwhosejurisdiction the property issituate for deciding whether the property should l'emam attached, .' (2) on rec'~iptof 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~tllingupon him to show cause on a day to be specified in the notice why the property should not remab attached till the date ofthe termination of the criminal proceedings. (3) TheDistrict Judge shall also issue notices to all persons represented to him ashaving' Orbeing 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. (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), asthe caSemay be, ofsection 36-F. , 36 (F). Investigation ~y District Judge of ~bjections to atta~h ment ..,........(I)I.f no cause isshown and no objectIOnsare made under sectIOn36-E or be-lore the specIfied 0::J. 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) Ifcause isshown Orany ob~ectons~re made as aforesaid, .the,district Judge sh~lI proceed to investigate the same, and ~nso dOIng,as~e~ards the. examlnatIon of the partIes and in all other respects he shall, subJe~tto th~ provlS1?nSof thIS Act, follow ,t~e procedure and exercise all the powers of a court hearmg a SUl.tu1!der the Code <?fCIVil Procedure, III 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 ofthe attachment he had &Orneinterest 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 att~he,d til,lth~ date of the te:minaton ~f the criminal proceedings or vary the ?rder of the ~lS~f1ctMagistrate by releasmg a 'porbon or the property from attachment or WIthdraw the saId order. I .-J_~__ ----- I I j. 1-. 104 . , ~ Explana~ion.~For th~ purposes of this section and section 36-H the date of the termina. . hiterf, tlOn of the CflmlUalproc~~dii1g8shall be deemed to be- other ~iTIy P (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 SIxtydays from the date of the last 'Judgment or order ofa ~rImlnal court in the proceedings. 36. (G) <=:rmi inal Courts to evaluate pl'operty procured by the, oilence.-(l) fore Wher,e ?e Judgment is pronounced in any. criminal trial for the offence under section 36-BI~I$rep~esented to.the court that an order ot'attachment of property has been passed un- d~r thISAc!, In connectIon with such offence, the court shaH,ifit is convicting the accused, re. 'Corda finding as to the amount ofmoney or value of other property procured by the accused by means of the offence. 37 11 for an .. (2) In any appeal or revisional proceedings against such conviction, the appellate or re. 1973 C ~Is~onalcourt shall, unelss it sets aside the conviction,either confirm such finding or modify ssible 11 It In such manner as.it thinks proper . !I . '(3) In any appeal or revisional proceedings against an' order of acquittal passed in a ~f( ~anctlOi trial such as is referred to in sub-section (1), the appellate or revisional court, if it convicts k the ac.)used,shall record a finding such as isreferred to in that sub-section. 38· . 36. (H) Dispo$al of attac.hed property upon ter mination ~f cri minal procee- d 1\ efect i- dll~gs.~(1) Upon the termination of any criminal proceedings for the offence in ~espect of 1973 ~hI.ch any order of attachmen t ofproperty has been made under this A.ctor seCUrIty given f affairs ( mheu thereof, the Disctirct Magistrate shall, without delay, inform the District Judge, and pIireJ•udl- shall where criminial proceedings have been taken in any Court, furnish the District Judge with a copy~fthe judgment or order ofthe trying Court and with cop ies of the Judgments or 39. orders, Ifany, 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 5hallorder that"from the property of tiLeconvicted person attached under thiSAct or out of the security given in lieu ofsuch 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 convicted 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 ofrecovery, 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.'ldeunder section 36-F. 36. Q) Barof jll risdiction of t be Civil Court.- The or~er passed <?rthe decision m:1de U:ld~rthisChapl~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. ;-'~' -~. ••--- •••••- •••.•-•••••••-•-••••••-•-•--- •I•W"- •••• i~iElillllln_ f ;; I Ii' I ,t i 1 ""-..J \, ,! / I ! ItS hi.~erf~(ingwith the atta~hme;-,t or cOilfisc'l.tio;l of the property shall be gran.ted by any other coUrtor authority in resp~ct ofany action taken or to be taken iT! pursuance of any power cvnforred by or uil-:ler this cn;i.pter. "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 ., (ii) SO:l o~~J.ughtcr . or step son or step daughter ofan officerand wholly dependent , on hIm: - other than the p~'operty wilich isa'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." CHAPTER .Xl-MISCELLANEOUS PROVISIONS 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. 38. Curability of tecbnical defects in tbe fot m of sanction.-Any technical .defectin the for.~al sa!1ctiongranted under &ection197of the Code of Criminal -P-rocedure 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: 1.j<S ~~~~~. jnvestigate an offence. under this Act .,...CCM-'-1..Hl .".nt 2. In Section 39 of the M db ." ~ .....•----:~~:--~- · -- a ya Pradesh Vm' d' ht B ~4" NIvaran Adhihiyam, 1982 (No 36 --.;c Ir IS a hrashta Acharan ' . 1982) after the xisJt' fo1.1owmg proviso shall be mserted V a lL nd shall __ e mg proviso, the ·" a WIth effect from the 30!t:;hday of t b be deemed ,to'have been inserted ex . coer, 1982, namely:_ .1 ~ "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 , . 7(/", . ISSloner 0> •• "'l~ {;,/ v,1 '_ ed authority either on 't .f the DIVISIOnas prescrib- 1 s own motIOn or on elf by the prescribed authority shall call f r .erence made /"JY/l' D -- 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 Provided secqndly that if on receiving aninformation of the commiSSIOn 01 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 f 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. ~-- I 106 forthwith dire~tan Executive Mag~itrate. silhordinate to him to proceed to TJ collect the eVidence or ensure agaInst disappearance of the facts relating thereto and fa;:;t3shall fortllwit'h b.;:reparted ty such Executive Magistrate NJ 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.derthis section against a member .of the judicial service of the State save with the prior concUrrence of. the High Court: 1. ~ Provided fourt~ly that if the court while discharging or acquitting the accused findll r 2. that· any offi·;er while giving directions under this section or while granting (C 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- (2) secuted according to law for an offence punishable under section 182 or 211 (3) of the Indian Penal Code, as the case may be." (4) 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: 3. I 4. I Provided that if an offence punishable under this Act is also punishable under any 5. ( 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 6. I provisions of section 39,40 and 41 of this Act shall apply. 7. I 8. ( 43. Provisions not to be derogatory to certain laws.-T..he Provisions of this Act shaiI be illaddition to and not in derogation ofthe provisions of the Prevention ofCorruption , 9. l' Act, 1947 (No.2 of 1947) Indian Pep.al Code, 1860 (No. 45 of 1860), Indian F('r_~st A~t, 10. 1927 (No. 27 of 1927), the Madhya Pradesh Excise Act,1915 (No.2 of 1915), essential ·1" 11. Commodities Act, 1955 (No. 10of 1955) or any other law for the time being in furce and I 12. I nothing contained herein snaIl exempt any person from any proceeding which migh ta part fro~ the sections under this Act, be instituted against him. I 44. Rule making power.-(l)The State Government may make rules for carrying out the purposes of this Act. ' 13. i 14. ( A.ss ( e :2 m ) bl A y. ll rules made under this Act shall be laid on the table of the Legislative l t 115. 16. ! I •5. Repeat-The Madhya Pradesh Vinirdishta Bhrashta Acharan Nivaran ,17. Adhyadesh,1982 (No. 15 of 1982) is hereby repealed. 18. 19. 20. PAR,- f 2L ; I FO FO FO J FO '; I j Notifi I t Notiw I 107 THE MADHYA PRADESH VINIRDISHTA BHRASHTA ACHARAN NlYARAN (REGISTRAT[ON AND DEVELOP~.iENr OF COLONIES) RULES, 1982. TABLE 'OF CONTENTS PART I-'--PRELIMINARY 1. Short title. 2. Definitions- '.'(1) "Act". (2) "Development Authority". (3) "Form".· (4) "Section". PART 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~rmissioi1of Collector. 12. Effect of non-compliance of rule 10. PART III-MANAGEMENT OF COLONIES I 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 ofpolice 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. PART 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 officerfor 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 Officerto lUvestigatean offenceunder this Act. I 108 Bnopal, the 14th Decembt;r 1982 . 8. No. 7362-8~-X-I. -lrl e~c:rc;s.;:0;the pow.;:rscOilferr0d by sub-s:ction (i) of secti(ln'~4 Ifrom a r:::adwit~/jrst p,oviso to clause (a) of section 24 :lttd sub-section (i) of section 31 of the , tra yen i 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 Pr licences to them and taking over the management ofthe colonies, namely:- !lgiVen 9. I RULES Ilw~erel PART I-PRELIMINARY I!WIth te full ad. in the 1. Shod t:tte. - T'les·c: rlll;;; m'lY b;; called the MadllY:lPradesh VillirdishtaBhtashta' Achaean Nivarao (Registration and Development of Colonies) Rules, 1982.. II 10 2. De(iQitions~- In th,;se ruL:ls, unless t\e coatext otherwise requires,-' estab1i~ to take (1) "Act" me,us the Madhya Pradesh Vinirdishta Bhra3hta Achatau Nivara n Collect Adhiniyam, 1982 (No. 36 of 1982); ColIcet ' (2) ."Development Authority" means a Town and Country Development Authority I II or Special Area Development Authority constiuted' respectively under section ~h 1 eapp 38orsection 65, ofthe Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, be pres 1973 (No. 23 of 1973) or the Town improvement Trust cOilstituted uuder ibform section 5 of the Madhya Pradesh Town Improvement Trust Act, 1950 fulo'liz (No, 14 of 1961), as the case may be, 12. (3) "Por:n" m~a'1Sa forn ap;>ended to these rules; and 1\' sions of He (4) "Sectio'l" means a se~tion of the Act. deci I PART II-LICENCE AND PERMISSION' I Pre a valid I 3. AppUc:ltion for LkeQce.- ~ny p::rson who iutends to unj~rtake the establish- I Pre ment of c.:>loaywithin th\:l m.:aning of clause (a) ofsection 24 shall apply in form I to the fun iT\, • Collector within wllOse jurisdiction the land is situated for the grant of a licence. The 'I ".'. reaSOns application should b.: accompanied bythe 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.tisfyhimself Onthe following accounts. Firstly, the application 13. J. should be b::mafide. SeCondly; the applicant's financial status should be adeqUate and he fer of p: should be solvent to tl1eextent. of at least ten per ceut of the total CoSt of development. tb the 1 Tbidly, the applica,lt has not beel ccnvicted for a'1y offence involving moral turpitude. shCh 13.] fbrm n ;1 S. Grant or Refusal o.fLicence. - Wuell the CoU:ctordeCides to grant licence, he IMg:J.ag shall grant thesame in form II'subject to such terms, CJnditions aud restrictions, if any, as shCh pe he may deem fit to specify in. th.elicence. Reasons for grant or refusal of licel1ceshall be be t~'.ke] reCOrded in writing. (2) 6. Develop ment of Colollozatioo.- The licence shall entitle the licensee to unde 1 f- a cop.,' take the' developmeat of coloaization in the district'to which it relates SUbject to the pr 0- visions of the Act and these rules. I .If 7. Fee for Licence.- (1) Tue fee for licence stall be Rs. 500. SRecJil~d r~ice.iv·ed aryy (2) the fee Shall be credited in the treasury tiuder the head "034 urban development- pc-rs C-othet reccipts-4-Licenc~ fees for Colonization" .. agen { W II (3) The fee so cre~ited shall herefunded after deducting a sum of &s. 100 where the .application for licence is rejected .. I ·InJ .... ""',J. I 109 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 can001 the licence for con- traventIOn ofany 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 whichlicence 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. ' 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.. 11. Presumption as to permission of Collector.-In case nOreply is received by the appliclntform within a period of90 days of the receipt ofintimation, 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. 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 : Provided that such cJ.nc~ilatiol1 shall riot make illegal the :;olonization initiated under a valid licence and w\ich tisfi~s the propisions of the Act and these rules : <;1 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. e PART III-MANAGEMENT OF COLONIES is 13. Notice of sbow cause.- (1) Whenever the fact oftransfer or agreement of trans- ferof plots made by a coloniser in an area of illeg':l.ldiverson orilleglll'colonlzation comeS )n tothe 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) ofsection 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 WIthm such period as may bespecified therein, why the management of the said land should not le as be taken over by him. be J~r:~~..~. (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. r- ~,',; W· 0- 14. Consideration of replies to show cause notice.-On the exp;ry of the period >. specified in the notice, the CoHector shdl cOl'!siderthe objections or suggestions, if any, received in relation to the netice, or otherwise and he may, if :::onsidercd neccssHy,require (j! {,j any p~rson who has filed any objection to present himself in person or through authorised A agent with all relevent documents for oral hearing. ~J, ;;J -----------------------------'-------- ""Inrule 13the words and figures "inForm IV" have been omitted vide the Notification' .. he No. 2660-973-83-X-I, dated 10th May 1983, Published in "lvI. P. Rajpl.tra" (Asadharan), dt. 10-5-1983. { -,~••••. -~".<-"~ .-- "- ..- 1 J I . , ' 110 - ~S.Taking ov~rthe Manage me~<:of the land o~ dropping tife Proceeding-After hearIng the ~erso~ If present onpa tefixedfor 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 toillegal dive. T( rSIon or Illegal colomza bon. _ . TJ D 16. Aid of Police in taking over tbe manage ment.-If the Collector apprehends any resistance or obstruction to the taking Overof the management of land by Oron behalf I/W. of the colonizer or any person claiming through colonizer, the Collector may take or cause sb.ta Bhl 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. 2. 17. Assistance for manage ment.-(1) In the discharge of his duty for management 3. 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:>salof the Collector by the State Gove- (i~ rnment, such power or authority as may be necessary for proper mariagement, protection (i( and preservation of the property and wherever necessary, forthe collection of rents and profits, for bripging defending any suitor prosecution or any other legal proceedings for management, protection and preservation of the property. _ (iii ( (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 ofany 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 (iv) situate to draw up a scheme for the development and alIotment of land to individual (v) 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 (vi) modifications as he may consider fit. (vii~ 19. PubUcation of scheme.-The scheme as finally approved by the Collector shall be published by putting it in his office for public inspection .. (viii 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 (ix) 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. (x) PAR T IV-PROCEDURE FOR GRANT OF SANCTION FOR PROSECUTION (xi) 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 39of the Act in any case in which he may be directly or indirectly IIWe ( interested. In all such cases, the m:itter shall be rep:>rted to the State Government for such read)'·1 to fu m:ders as it may deem fit to passfor compliance. I (2) No officer of the State,GovernmeTlt shall process a case relating to grant of ::ny sane- tiO:lor authenticate al!ysan<.;tionin a case under seCtiol1197of the Code of Crimml Proce- dure, (1973 No.2 of 1974), in the result whereofhe may be directly or indirectly interested. Place,I . Such case will be reported by him to the State Government for such orders as it deem fit to pclSS fdr compliance. II Dated ...•.. 1 I 111 FORM I (See Rule 3) Form ofapplication for a !iceece under section 24 of the MadhYllPradesh Vinirdishta Bhrashta AcharanNivaranAd4iniyam, 1982 To Dated .....•.... daY of 19...• The Collector, District . I/We request that a licence be granted 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) 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 (iii) In caseapplicant 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 national s, alongwith place of incorporation; (d) a firm or association, the nationality of all the.partners of the firm or ofthe association; - (e) a society; details thereof; (iv) professionor nature ofbusinessof 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 previousexperience 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. Yours faithfdly, Place ". ...................... . . ' , Dated ..•.....••.. '" •• Signature and designation of the applicant I 112 FORM II il (See Rule 5) . , ,; Licence onder section 24 of the Madhya Pradesb Vinirdisbta Bbrashta Acharao Nivaran 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,::>erstablishment of colon.ie~in district: ..........•.•.•...•.•...... .. ...•.. . .., . - - Date .......•.•.• Collector District. FORM III (See Rule 9) Register I. Date "nd yeer ofissue oflice-nce ......................•.. 2. Number of licence : . 3. Name ofperson 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 granted .......• Pice 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. 113 FORlyi .(See Rule 10) rnHmation of, colonization The Collector., District. _ ,,.. " ' , _c :e I/We am are se;lding iiltimation ofcolonization asfollows :- :0 (1) Full name of applicant (State whether individual. firm, co-operative society or other class of society, company) . (2) Licence number., " ,., . (3) Present address , , ;.. ,.. (4) D~tails ofIand inCluding survey numbers which is intended to be dev~Ioped . (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 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 details ...............•.... -... (10) I am enclosing the following with this intimation - True _copy of each document, evid~ncjng right, title or interest "in (1) .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 permiSSIOnin (2) writing by whatever name called, under the relevant enactments referred to in claU5e(a) ofsection2~ of the Act; and '':~~. -...\:~..,.:.,•~,...r..,~ ·.1 ":. ) :i·.",•..•,,,. (3) Propased developmen t plan. ~.. I/We do hereby declare that the particulars furnished above are cOrrect and " (11) am/are ready to fu,'Jijsh any other details as may 'be required, by you. Kindly grant me/us permission to undertake the'colonization .. - ~~, .: Yours faithfully, I.',' I: Place .••..•.... -•.• Signature and dnignation of the appliamt. ..• Date , . 1. ,The w~rds and figurca':in relation toland in reg8;l'd,to.\;V~~~ ' pe~iII.ion for c:<>lonizatiounnder , 8~ction24ofthe Actissought," havebeen8ubstltu~d for' inI,elationtoland 1n regard to which licencefor colonizationundersection24oftheAd'is soUgh",'videNoti6cation'No; F~No; 45-4- 83-C-1dated 8thSeptember, 1983published inM. P-. Rajpatra (Asadharan) Dt. 8-9-1983.' I .~' / 114 Bhopal, the 25th November 1982 I' I NIJ. 1021-10R94-82- X-I.~ Inexerci:.e of the powers oonferred bysection 3~ofthe Madhya Pradesh Vinirdishia Bhrashta Acharan Nivaran Adhiniyam.1982 (No. 36of1982) and in super- 11- session of this department Notiftcation No. 5686-10894-82-X-l, dated 16th Se,ptember 1982 '.b. Th. 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 11 (1. Off below. the officermentioned in column No. (2) therof, to be notified officerfor the purpose of the said section subject to the condition mentioned in the corresponding entry in column 'rI Seen No. (3) tbereof :- ' . Secre TABLE sjf Offic tariat I S.No. Officerorperson inrespect of_ The officer competent The: authori ty at ser whom r~p'ort isto be made to direct from whom I 9. Off prior concurren- II ce/approval and I shall have to be 10. socr, obtained by the Secre i officermentio- I' •• ned in column 100 , No. (2) ~I. (1) (2) (3) om 1 i Coml tionee 1. Officerofthe rank belowthe rank ofa The CollectOr of the district in district level officer. which the offence is commI- tted.. 12I. Pres theBe 2. Officer of the rank of a district level The Commissioner of the divi- '.naI. officer. sion in 'which the offence is ; i committed.~ Any I n.ot c. I agatnl 3. Officerout sidetbe Secretariat, of the ~Secretary to the Government I rank above the rank of a district level in the Department in which officer. the officer'mentioned ·in co- lumn (1) isfor the time being employed or, as the caSemay be of the administrative De- partment undei' which the local body Or the Public Undertaking functions. 4. Officerdesignated as Chief Secretary, The State Government. Additional Chief Secretary, Principal Secretary, Secretary S.pecial Secretary, NOTE. Deputy Secretary or Under Secretary in the State Government OrChairman, Vice-Chairman, President, Vice Pre- sident. bywhatever name called ofthe local body Or oftbe Public Under- .. taking. , (2) S· Officer oftbe Regist.rar's office of the Registrar' of the High Court. After Obtaining High "Court other than 6e Registrar ' , " approval of •and an offiCerdesignated as aJudge or ' Righ Court. Magistrate and belonging to the State '. Judicial Service. U5 (1) (2) (3) 6. The Regi:;trar 0f the High Court. The High court Afte.r obtaining 7. Officerdesignated Secretary, Special State Government. concurrence of Secretary Deputy Secretary, or Under the Speaker of Secretary ofVidhan Sabha Secretariat. the Vidhan Sabha. After obtaining- 8. Officerof the Vidhall Sabha Secre- Secretary, Vidhan Sabha. approval of the tariat other than thOSementioned Speaker. atgerlal No.7. 9. Officerof the officeof Lokayukt Lokayukt. andUp-Lokayukt. After obtaing IO.socretary, Deputy Secretary orUnder State Government. concurrence of Secretary ofPubIic Service commi- t.he Chairman, ssion. P~blic Service -Commission. After approvaI 11. Officersofthe offiCeofPublic Service Secretary, Pubiic Service of the Chair- Commission other than those men- Commission. man Public Ser- tioned at serial No. 10. viceCommission State Government . 12. Presiding Officer of the Member of . the Board ofRevenue orlabour Tribu· nal. . (1) If associated with any offi- Any person (including a contractor) cer or person mentioned in Mt cover~d by any of the entries Column (1) of S. NoS. 1to 12 . against 8erialnumbers 1to 12 above. the same officerasis mentioned in the corresponding entry of this column of the respective serial number , (ii) if not associated with an officeror any of the persons mentioned in S. Nos. 1 to 12 in column (1) the Commissio· ner of the division in which the offenceis committed. NOTB.-(l) In regard to the caSeSin which more than one officerof various levels are in.volvedin an offence under the Act, the sanction{pe'rmission will be granted by tbe' 0fficercompetent to accord such sanction in regard to the highest level officer which shall be deemed to be proper sanction permission against all thc officersinvolved. (2) District level Officer mecns ~n omcer in charge of a district and includes an o1Bcerincharge of a divisionin the case ofPublic.WorksDepartment, Irrigation Department, Pablic Health Elliineering Department and Forest Depratment. Byorckr and In the name of the Governor of Madhya Pradesh, BRAHMA SWARUP , Addl. ChiefSecy. _ .... ~- ....•..• (~-,_.,_._. ---- I . --, -, '" '. j ''''"- I J i 1 I 116 Bhopal, the 23rd September 1987 \", No. p. 14-5-85-XLIX-IO.-~n exercise of the rowers conferr.:ld bysub-sec~ion (I) of St;ctioli 44 x(;ad with Section 39 of the Madhya Pradesh Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982 (No. 36 of 1982), the State Oovrnment hereby makes the :olIo'.V.ingrules ~ospecify the presc.ribed authority on whose direction a police. offiCer shall mvestIgate an offence under the saId Ac~, namely.- . " RULES I 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 S.No. Officer comoetent 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-) -------- ..•.~ ......• 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) isfor the 1. time being employed Qt,asthe'case 2 702·' may be, of the Administrative De~ partment under which the local body or the public undertaking functions. ' 3 The State Government (i) An officers and 'employees working in the Secretariat of M. P. Government. (ii) 'Ch~irman, Vice-Chairman, President, Vice- President, Managing Director, bywhatever 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· 4 High Court .. All officersand employees working i~·the. o~ce. of GC the Registrar of .the High Court, mcludmg Registrar and an officerdesignated as a Judge or Magistrate and belonging to the State Judicial Service. 5 Speaker of VidhanSabha " Officers orand above the level of Under Secre~ tary working in-t-he:Secretariat of the M. p. Vidhan Sabha. 6 &ecretary Vidhall Sabha All .officersand employees of the Vidhan Sabha Secretariat other than those mentioned at serial No. S. ~ ...,. ":-. ;'-,}f- ·-~:~!c~>~f~~'~-·::.~,..--~-~~.:r:"~)r~.;~j4'··/"N/f(/:i'.",- ,-~--- -.,'"":,-".... '. 117 ---------- -.--- ---------------------- ...-.. (1) (2) If .n 7 L')kayukt All Offi::~,5and elllJ!oyecs 'Jf t:le c;Jicc of L~ka- Ie yukt and Up-L'Jkayukt. U 8 Chairma!l, Pclb\ic ~;;rvice All officers and employeeS of the oJIice of Public Commission. S·~rvice Commission other than those men- tioned at Serial No. 3 (iv). a 9 Commissioner of the DiviJ:on III All persons not covered by any other entry of ., which the offence is committed. this tDb.le. 1- " t NOTE.-(l) In cases in which oJlicers of various levels are involved in an offence un- t der the Act, t11esanction/permission shdl be granted by the officer or auth- rity competcnt to accord ~JUchsanction in respect of the highest level officer (2) hrespect of a'1Yperso'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. (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 er. 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. By order and in the name of the Governor of Madhya Pradesh· he R. L. VARSHNEY, Dy. Secoy, ;e- ver ..lic :he ier of GCPB -308 -SLMP -29-7-88 -50U. iug jge ate )ha at ------- .-._--.----_.