The Madhya Pradesh Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982

(1) This Act may be called the Madhya Pradesh Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982. (2) It extends to the whole of Madhya Pradesh.

In this Act, unless the context otherwise requires,- (a) "Local authority" means- (i) A Municipal Corporation constituted under the Madhya Pradesh Municipalities Act, 1956 (No. 23 of 1956). (ii) A Municipal Council constituted under the Madhya Pradesh Municipalities Act, 1961 (No. 37 of 1961). (iii) A Panchayat constituted under the Madhya Pradesh Panchayat Adhiniyam, 1981 (No. 35 of 1981). (iv) A Mandi Samiti, constituted under the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1973 (No. 24 of 1973). (b) "Officer" means a person serving in connection with the affairs of the State, 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 (No. 1 of 1956), and includes a Corporation or other statutory body, by whatever name called, in each case owned or controlled by the State Government. (d) (Note: (d) and (e) labels are swapped in act text based on context flow) "Work" means any work relating to survey, construction, repairs or maintenance, of any building, superstructure, dam, weir, canal, reservoir, tank, lake, road, bridge, culvert, well 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 behalf and includes surveying, planning drawing, designing, purchase, supply or storage of goods, mechanically propelled or electrically operated vehicles of all descriptions, plant, machinery, tools, spares or all other material and equipment relating to the construction, maintenance or repairs of any of the aforesaid works. (e) "Works department" means a department of the State Government, a public undertaking, a local authority, or a co-operative society registered under the Madhya Pradesh Co-operative Societies Act, 1960 (No. 17 of 1961), which gives a works contractor under 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. "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 store of goods, mechanically propelled or electrically operated vehicles of all descriptions, 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. "Supervisory officer" means an officer whose duty it 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) "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 and all other agencies and persons employed by him or working under him or under his control in the execution of such work and the expression "works contractor" shall be construed accordingly. (g) "Officer-in-charge" means an officer in relation to a work under a works contract who is primarily and directly responsible on the worksite 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 officers or by the works department from time to time.

In this Chapter unless the context otherwise requires,- (a) "construction" means all activities pertaining to the construction of a work and includes excavation, filling, levelling and other allied activities. Any person who intends to undertake the establishment of colony within the meaning of clause (a) of section 24 shall apply in form I to the Collector within whose jurisdiction the land is situated for the grant of a licence. The application should be accompanied by the treasury challan in token of payment of licence fee in the treasury.

Whoever, being a contractor of a works contract entered into with a works department intentionally, knowingly or for corrupt motive executes the work in material violation of the terms of the contract 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 both. The Collector may get such inquiry made as he deems fit. In particular, he should satisfy himself on the following accounts. Firstly, the application should be bona fide. Secondly, the applicant's financial status should be adequate and he should be solvent to the extent of at least ten per cent of the total cost of development. Thirdly, the applicant has not been convicted for any offence involving moral turpitude.

Whoever, being an officer-in-charge of a work under a works contract being executed by a contractor or otherwise, intentionally or knowingly- (a) permits or connives at, or (b) omits to prevent or to report about, or (c) abets for corrupt motive, the work being done in (i) material violation of the terms of the contract or (ii) flagrant disregard of the standards, specifications, orders or directions given by the works department or its officers in either case 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 extent to three years or with fine or both. When the Collector decides to grant licence, he shall grant the same in form II subject to such terms, conditions and restrictions, if any, as he may deem fit to specify in the licence. Reasons for grant or refusal of licence shall be recorded in writing.

Whoever, being officer-in-charge of a work in connection with the relief work or any other work intentionally or knowingly.- (a) prepares a false or fictitious muster roll, or (b) prepares a false or fictitious measurement book, or (c) makes payment for false or fictitious lead or false or fictitious excavation 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 for fictitious or bogus work, or (f) pays at rates that are grossly inappropriate or makes deliberate overpayments in violation of rules and orders, shall be punished with imprisonment of either description which may extent to three years or with fine or both. Explanation.- Near relation in this section means son, grandson, father, mother, spouse, brother, sister, brother-in-law, father-in-law and mother-in-law. The licence shall entitle the licensee to undertake the development of colonization in the district to which it relates subject to the provisions of the Act and these rules.

Whoever, being a contractor under a works contract sells or otherwise transfers cement, iron, or any other material supplied by the works department for the work as per specifications, instead of properly utilizing the same in the work or instead of returning the unused or excess material back to the works department, shall be punished with imprisonment of either description which may extend to three years or with fine or both. (1) The fee for licence shall be Rs. 500. (2) The fee shall be credited in the treasury under the head "034 urban development-C-other receipts-4-Licence fees for Colonization". (3) The fee so credited shall be refunded after deducting a sum of Rs. 100 where the application for licence is rejected.

Whoever being a tenderer for a work under a works department- (a) procures or 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 the purpose of pushing one of the collusive low rate tender for acceptance; or (c) 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 which may extend to three years or with fine or both. Explanation.- Near relation in this section means son, grandson, father, mother, spouse, brother, sister, brother-in-law, father-in-law and mother-in-law. The Collector on his own motion or on information from any source and for reasons to be recorded in writing may cancel the licence for contravention of any of the terms, conditions or restrictions of licence; Provided that no licence shall be cancelled unless an opportunity of being heard is given to the licensee. Provided further that a licence shall not be cancelled under this rule unless an opportunity of being heard is given to the licensee and the Collector shall record in writing reasons for the cancellation of licence. Provided that such cancellation shall not make illegal the colonization initiated under a valid licence and which satisfies the provisions of the Act and these rules. The Collector on his own motion or on information from any source and for reasons to be recorded in writing may cancel the licence for contravention of any of the terms, conditions or restrictions of licence: Provided that no licence shall be cancelled unless an opportunity of being heard is given to the licensee. Provided further that a licence shall not be cancelled under this rule unless an opportunity of being heard is given to the licensee and the Collector shall record in writing reasons for the cancellation of licence. Provided that such cancellation shall not make illegal the colonization initiated under a valid licence and which satisfies the provisions of the Act and these rules:

Whoever, being an officer of a works department, having authority to accept a tender on behalf of a works department.- (a) abets the commission of an offence under section 8 by accepting for acceptance such 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 which may extend to three years or with fine or both. The Collector shall maintain a register in form III wherein shall be entered the full details of the licences issued under these rules, together with terms, conditions or restrictions, subject to which licence is granted and it shall contain full address of the applicant. The licensee shall inform the Collector in case of any change in the address.

Whoever, being an officer of a works department, dishonestly, wrongfully or fraudulently (a) disposes of or otherwise transfers; or (b) permits unauthorised use of goods, plant machinery, tools, spares or other material and equipments from the stores, causing substantial loss to the works department shall be punished with imprisonment of either description which may extend to three years or with fine or both. 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 intimate in form IV to the Collector of the district for which he holds the licence. Such an intimation shall reach the Collector at least 90 days before he takes up development or sale of plots in the colony.

Whoever, being a contractor for the supply of goods, plants, machinery, tools spares or other materials or equipments- (a) makes misrepresentation in respect to the quantity supplied; or (b) supplies sub-standard goods, plants, machinery, tools, spares, or other materials or equipments which are not of mercantile quality or not in accord with the samples specifications given in the order of supply, shall be punished with imprisonment of either description which may extend to three years or with fine or both. Explanation.- In this section, contractor for the supply of goods, plants, machinery, tools, spares or other materials or equipments means any person who under a contract supplies any goods, plants, machinery, tools, spares or other materials or equipments to any works department or its officer or to a contractor engaged for a work under a works contract. In case no reply is received by the applicant from the Collector within a period of 90 days of the receipt of intimation, permission shall be presumed to have been granted. If the Collector decides to make any inquiry, he shall inform the licensee to await his orders. In such a case the licensee shall not proceed with colonization without Collector's permission. In case no reply is received by the applicant form within a period of 90 days of the receipt of intimation, permission shall be presumed to have been granted. If the Collector decides to make any inquiry, he shall inform the licensee to await his orders. In such a case the licensee shall not proceed with colonization without Collector's permission.

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 punishable under section 11 knowingly by accepting the supply of goods, plants, machinery, tools, spares or other materials or equipments shall be punished with imprisonment of either description which may extend to three years or with fine or both. If intimation is not sent as per the provisions of rule 10 the Collector may cancel the licence and initiate such other legal action he decides under the law.

Whoever, being an officer of the works department, with mala fide intention resorts to splitting of purchase order in order to enable him to effect the purchases which would have otherwise been beyond the pale of his financial authority to do so, or in flagrant breach of the established procedure for the purchase of goods, plants, machinery, tools, spares or other materials or equipments, shall be punished with imprisonment of either description which may extend to one year or with fine or both. (1) Whenever the fact of transfer or agreement of transfer of plots made by a coloniser in an area of illegal diversion or illegal colonization comes to the notice of the Collector and he considers it desirable to take over the management of such land under clause (b) of sub-section (1) of section 31, he shall issue a public notice and publish it in at least two local news papers, of which one must be in local language, calling upon all the persons interested in the said land to show cause within such period as may be specified therein, why the management of the said land should not be taken over by him. (2) If the address of any party interested is known to the Collector, he shall cause a copy of the said notice to be sent to his address. (1) Whenever the fact of transfer or agreement of transfer of plots made by a coloniser in an area of illegal diversion or illegal colonization comes to the notice of the Collector and he considers it desirable to take over the management of such land under clause (b) of sub-section (1) of section 31, he shall issue a public notice "in form IV" and publish it in at least two local news papers, of which one must be in local language, calling upon all the persons interested in the said land to show cause within such period as may be specified therein, why the management of the said land should not be taken over by him. (2) If the address of any party interested is known to the Collector, he shall cause a copy of the said notice to be sent to his address.

Whoever, being an officer primarily and directly in-charge of the preservation and maintenance of a forest area or disposal of forest produce, having jurisdiction or concern with the forest area, intentionally or knowingly permits, connives, abets or suffers on account of his omission to supervise, prevent or report the— (i) illegal felling of trees or logs, or (ii) illegal girdling or tappings, or (iii) theft of wood, timber or bamboos or other forest produce, or (iv) illegal quarrying of stones, or (v) illegal burning of lime or charcoal from the area, for commercial purpose shall be punished with imprisonment of either description which shall be not less than one year but which may extend to three years and 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 of less than one year. Explanation.—The provisions of this section shall not make liable as an abettor, any person having nistar or any other rights under any law for the time being in force, or by any order made thereunder to remove or use any forest produce from a forest area. On the expiry of the period specified in the notice, the Collector shall consider the objections or suggestions, if any, received in relation to the notice, or otherwise and he may, if considered necessary, require any person who has filed any objection to present himself in person or through authorised agent with all relevent documents for oral hearing. On the expiry of the period specified in the notice, the Collector shall consider the objections or suggestions, if any, received in relation to the notice, or otherwise and he may, if considered necessary, require any person who has filed any objection to present himself in person or through authorised agent with all relevant documents for oral hearing.

Whoever, being an officer.- (i) manipulates bid-sheets in relation to auction of forest produce, or (ii) manipulates issue of fictitious transit passes with a view to give benefit to any person or for causing wrongful loss to the Government department, shall be punished with imprisonment of either description which may extend to three years or with fine or with both. After hearing the persons if present on date fixed for that purpose and after making any further enquiry in the matter which he may think proper, the Collector may- (a) take over the management of the land, if he finds any illegal diversion or illegal colonization thereon: (b) drop the proceedings, if he is satisfied that the land is not subjected to illegal diversion or illegal colonization.

Whoever, by misrepresenting facts, claims compensation for non-existent or fictitious property or in the name of non-existent or fictitious person or by giving false or fictitious description of the property for grossly exaggerating the value thereof, in a matter relating to the acquisition of such property, shall be punished with imprisonment of either description which may extend to three years or with fine or both. If the Collector apprehends any resistance or obstruction to the taking over of the management of land by or on behalf of the colonizer or any person claiming through colonizer, the Collector may take or cause to be taken aid of the police for effectively taking over the management of the land to such an extent as the circumstance of the case may warrant.

Whoever, being an officer empowered under any law or by an order or otherwise directed to assess or award compensation for acquisition of property, dishonestly with a malafide intention- (i) assesses or awards compensation which is excessive so as to be grossly disproportionate to the market value of the property so acquired, or in violation of any direction of law for the time being in force, prescribing the mode of calculation of compensation, or, (ii) assesses or awards compensation for the non-existent or fictitious property or to a fictitious person; shall be punished with imprisonment of either description which may extend to three years or with fine or both. (1) In the discharge of his duty for management of land, the Collector may confer upon one or more officer sub-ordinate to him or any other officer whose services may be placed at the disposal of the Collector by the State Government, such power or authority as may be necessary for proper management, protection and preservation of the property and wherever necessary, for the collection of rents and profits, for bringing defending any suit or prosecution or any other legal proceedings for management, protection and preservation of the property. (2) The Collector may in addition appoint any agent, servant or watchman for due management, protection and preservation of the property. (3) The officers, agent, servant and watchman shall be paid such remuneration, allowances or commission as the case may be, and at such rates, as may be approved by the State Government by general or special order.

Whoever, being a bidder at a public auction, enters into a conspiracy with the other bidders, so as to procure a Government licence or other contract, including a licence for a liquor shop, at a significantly low rate, shall be punished with imprisonment of either description for a term which may extend to one year or with fine or both. Where the management of any land is taken over by the Collector, he may direct the local authority or the Development Authority, if there is any, for the local area in which the land is situate to draw up a scheme for the development and allotment of land to individual plot-holders, if any. The scheme submitted by the local authority or the Development Authority may be approved by the Collector without any modification or with such modifications as he may consider fit.

Whoever, holding a licence or otherwise manufactures, knowingly sells or knowingly otherwise delivers to the consumers— (a) liquor unfit for human consumption, or (b) any drug adulterated or misbranded for internal or external use of a human being (ii) if it causes any other deleterious 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. (iii) 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 Explanation.—In this section, the expressions used shall have the same meaning as assigned to them in the Madhya Pradesh Excise Act, 1915 (No. 2 of 1915) or the Drugs and Cosmetics Act, 1940 (No. 23 of 1940), as the case may be. The scheme as finally approved by the Collector shall be published by putting it in his office for public inspection.

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 for collusive bidding or for submitting collusive tender, shall be punished with imprisonment of either description which may extend to three years or with fine or both. The expenses incurred by the Collector in the management of the land shall be included in the development charges of the land and shall be recoverable on "Pro rata" or any other reasonable and fair basis from persons to whom the plots have been allotted under the scheme.

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 firm's name, with the intention to abet the offence under section 20, shall be punished with imprisonment of either description which may extend to three years or with fine or both. Explanation.—Bogus firm includes a fictitious firm nominally registered in the name of a relative, friend or servant of a businessman only for showing a seperate entity and having some nominal transaction recorded in that name, and having for its objective procurement of business to the real firm of the businessman by submitting tenders at the rates higher or bidding at the rates lower than the rates given or bids made by the real firm so as to make it sure that the real firm of the businessman gets the contract or licence, as the case may be. (1) No officer whose duty is to issue any direction on behalf of the State Government and an other officer or authority shall prepare a case for issuing any direction under the first proviso to section 39 of the Act in any case in which he may be directly or indirectly interested. In all such cases, the matter shall be reported to the State Government for such orders as it may deem fit to pass for compliance. (2) No officer of the State Government shall process a case relating to grant of any sanction or authenticate any sanction in a case under section 197 of the Code of Criminal Procedure, (1973 No. 2 of 1974), in the result whereof he may be directly or indirectly interested. Such case will be reported by him to the State Government for such orders as it deem fit to pass for compliance.

Whoever, being an officer having authority to sanction or advance loan or subsidy intentionally, knowingly or for corrupt motive or otherwise, sanctions or advances loan or subsidy— (a) in a fictitious name, or (b) to a fictitious or non-existing person, or (c) in the name of another 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 which may extend to three years or with fine or both.

Whoever being an officer having the authority to sanction, advance or to disburse any loan, advance or subsidy of the State Government or local authority or a public undertaking, intentionally, knowingly or for corrupt motive– (a) prepares false report or misrepresents any material fact, or (b) takes inordinately more time than what is normally required over the preparation of the papers or processing of the case thereby delaying the sanction of loan or advance or subsidy; or delay or cause to be delayed the sanction or disbursement of loan, advance or subsidy to an extent which is oppressive having regard to the common course of business of the office of the State Government or local authority or a public undertaking, as the case may be, shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.

Whoever, being under a duty to verify and report proper utilization of a loan or subsidy falsely reports, verifies or testifies to be proper utilization thereof, with reference to the purpose for which it was sanctioned or advanced, when in fact it was not so utilised fully, or was utilised only partly, or was not utilised at all, in relation to that purpose, unless it was diverted to some other purpose with the prior sanction of authority which sanctioned or advanced the loan or subsidy shall be punished with imprisonment of either description which may extend to one year or with fine or both.

In this chapter, the expressions,- (a) "a colonizer" means a person who, in a local area, after taking no objection certificate or prior permission in writing, as the case may be,- (i) under section 172 of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959), (ii) under the Urban Land, (Ceiling and Regulation) Act, 1976 (No. 33 of 1976), (iii) under the Madhya Pradesh Municipalities Act, 1961 (No. 31 of 1961), (iv) under the Madhya Pradesh Municipal Corporation Act, 1956 (No. 23 of 1956), (v) under the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973), from the respective authority competent to grant the same or from a Nazul authority in case the land is situate in a Nazul area, divides the land into plots, with or without developing the area transfers or agrees to transfer them gradually or all at a time, to persons desirous of settling down on those plots by constructing residential or non-residential or composite accommodation and the expression establishment of colony, "colonization" "illegal colonizer" and "illegal colonization" shall be construed accordingly: Provided that no person shall undertake the establishment of colony unless he on payment of such fee as may be prescribed for registration of colonizers obtains a licence of colonization from the Collector of revenue district in which the land is situate : Provided further that, not with standing anything contained in Section 172 of Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959) mere ommission to grant sanction for diversion of land within the period specified therein shall not amount to grant of sanction for diversion for the purpose of this Chapter. (b) "local area" means an area comprised within the limits of a Municipal Corporation, a Municipality class I, urban agglomeration or a nazul area comprised in such limits and shall include a planning area notified under section 13 of the Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973 (No. 23 of 1973) within or appurtenant to such limits; (c) "plot holder" means a person who in a local area holds a plot under a deed of transfer or agreement of transfer from a colonizer; (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). Forms relating to licence for colonization under section 24 of the Act, including Form II (Licence under section 24), Form III (Register of issue of licences), and Intimation of Colonization (Rule 10).

A colonizer who, in contravention of the provisions of section 172 of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959) and the rules made thereunder, diverts the land or the part thereof, commits an offence of illegal diversion of land.

A colonizer who divides into plots his land or the land of any other person with the object of establishing a colony in breach of the requirements contemplated in clause (a) of section 24, commits an offence of illegal colonization.

Whoever commits or abets the commission of an offence of illegal diversion or illegal colonization shall be punished with imprisonment which may extend to three years or with fine or both.

Whoever, constructs a building in an area of illegal diversion or illegal colonisation commits an offence of illegal construction.

Whoever, commits an offence of illegal construction shall be punished with imprisonment of either description which may extend to one year or with fine or both.

Whoever, in the area of illegal diversion or illegal colonization- (i) being an officer, having power to sanction layout or sanction a map for the construction of a building, grants, sanctions or approves such layout or the map: or (ii) being an officer under a primary duty to do so knowingly omits to report illegal diversion of land or illegal construction of a building in such an area to the proper authority; or (iii) being an officer or the authority competent to sanction electrical or water supply connection grants such sanction with respect to the building in such area; or (iv) illegally influences the officers aforesaid in granting such sanction or in omitting to make a report of such illegal diversion of land or construction of a building in such area, shall be punished with imprisonment of either description which may extend to one year or with fine or both: Provided that nothing contained in clause (iii) shall apply to the cases covered thereby where the Collector of the district concerned certifies that in the public interest there is no objection to provide electrical and water supply connections to the buildings in the area of illegal diversion or illegal colonization in existence immediately prior to the 30th October, 1982.

(1) (a) Notwithstanding anything contained in the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959) transfer or agreement of transfer of plots made by a coloniser in an area of illegal diversion or illegal colonization shall be void; (b) The Collector may after show cause notice to the parties take over the management of the land, cause the area to be planned and developed and shall thereafter allot the land preferentially amongst the plot holders in such manner and subject to such conditions as may be prescribed; (c) The allottee shall on fulfilment of the conditions be deemed to be a valid transferee of the plot from the coloniser, and the powers of the Collector as manager of the plot shall come to an end. (2) The provisions of this section shall have retrospective effect on all transactions where constructions on the area of illegal diversion or illegal colonisation had not commenced on the 8th September, 1982.

The right, title and interest of the coloniser in the land under illegal colonization, shall upon and from the date of conviction of the colonizer under section 27, stand forfeited and vested in the State free from all encumbrances.

In this Chapter "authority" means any authority constituted or appointed by or under any law made by the State Legislature and for the time being in force.

Whoever, intentionally, knowingly or with corrupt motive, gets land, plot, house or flat allotted by misrepresenting any material fact in order to make himself eligible for such allotment which he would otherwise not have been so entitled in accordance with the rules or instructions made or issued by the State Government or by the authority entrusted with the function of such allotment, shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.

Whoever, being an officer, whether of the State Government or of the authority whose function it is to allot land, plot, house or flat, dishonestly, wrongfully, fraudulently or for corrupt motive allots land, plot, house or flat in flagrant violation of law or instructions, governing or regulating such allotment, shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.

Whoever, being an officer, whether of the State Government or of the authority whose function it is to prepare layout or divide land into plots, dishonestly, wrongfully, fraudulently or for corrupt motive changes the layout in such a manner as to confer a distinct benefit to holders of certain plots and corresponding distinct disadvantage to some other holders of some other plots in the same layout, shall be punished with imprisonment of either description for a term which may extend to three years or with fine or with both.

Whoever, being a dealer licensed under any Order issued under section 3 of the Essential Commodities Act, 1955 (No. 10 of 1955), instead of supplying the essential commodity, declared by or under the said Act, as the State Government may, by notification specify for the purpose of this chapter to the public concerned in accordance with the scheme of the public distribution system intentionally, knowingly or for corrupt motives transfers such essential commodity to other channels or maintains false or fictitious account for the fair distribution of the same, shall be punished with imprisonment of either description which may extend to three years or with fine or both.

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

Whoever, being in the service of the State or of a public undertaking, secures or attempts to secure, his transfer or cancellation of 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 which may extend to six months or with fine or both.

Explanation.—No aid rendered in good faith in an exceptionally hard and emergent case requiring immediate attention and relief to a person in the service of the State or of a public undertaking in the matter of such transfer or cancellation of transfer or posting or promotion shall amount to abetment of the offence under this section within the meaning of section 107 of the Indian Penal Code 1860 (No 45 of 1860). state or of a public undertaking in the matter of such transfer or cancellation of transfer or posting or promotion shall amount to abetment of the offence under this section within the meaning of section 107 of the Indian Penal Code, 1860 (No. 45 of 1860).

Whoever, being an officer intentionally draws, himself or by suppression of facts or otherwise, misrepresenting the facts relating to his absence permits or induces the drawing and disbursing officer to draw and disburse the salary to him for the period of his deliberate unauthorised 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 which may extend to one year or with fine or both.

The provisions of this chapter shall prevail notwithstanding anything contained in the Criminal Law Amendment Ordinance, 1944 (No. XXXVIII of 1944).

(1) Notwithstanding anything contained in clause (e) of sub-section (1) of section 5 of the Prevention of Corruption Act, 1947 (No. 2 of 1947) whoever, being an officer, acquires or holds property for which he cannot satisfactorily account for or which is disproportionate to his known sources of income, commits an offence of acquisition of property by illegal means. (2) Whoever commits an offence of acquisition of property by illegal means shall be punishable with imprisonment for a term which shall not be less than one year but which may to extend to seven years and shall also be liable to fine which may extend to the value of the property in excess of his known sources of income: Provided that the court may, for any special reason to be recorded in writing impose a sentence of imprisonment of less than one year.

(1) If the District Magistrate has reason to believe that any officer holds property for which he cannot satisfactorily account for he may make a declaration to that effect and order for attachment of the said property: Provided that (i) no declaration shall be made; or (ii) no attachment of the property shall be ordered, without obtaining the concurrence therefor of the Advisory Committee appointed by the State Government for the purpose: Provided further that no order under this sub-section shall be made without giving the officer the reasonable opportunity of being heard and adducing the documentary evidence and evidence on affidavit in his defence. (2) On attachment of the property under sub-section (1), the provisions of the Code of Criminal Procedure, 1973 (No. 2 of 1974) shall apply thereto. (3) Notwithstanding the provisions of the Code of Criminal Procedure, 1973 (No. 2 of 1974) the District Magistrate may, in lieu of surety, appoint an administrator who shall have all the powers to administer the property as he deems fit, in the best interest of the property. (4) The District Magistrate may provide police help to the Administrator for proper and effective administration of the property. (5) The expenses incurred on the administration of the property, including on the assistance by the police, shall be a charge on the property.

(1) When the property is attached under section 36-C the owner thereof may, within three months of the date of knowledge of attachment make a representation to the District Magistrate, showing the circumstances and the means by which the property was acquired by him. (2) If the District Magistrate is satisfied with the representation, he may forthwith release the property from attachment and thereupon the property alongwith mesne profits after deduction all expenses charged on the property shall vest in the owner thereof.

(1) If the District Magistrate is not satisfied with the representation made under sub-section (1) of section 36-D he shall send the matter with his report to the District Judge within the limits of whose jurisdiction the property is situate for deciding whether the property should remain attached. (2) On receipt of the report from the District Magistrate under sub-section (1), the District Judge shall issue a notice to the person whose property is attached under sub-section (1) of section 36-C, calling upon him to show cause on a day to be specified in the notice why the property should not remain attached till the date of the termination of the criminal proceedings. (3) The District Judge shall also issue notices to all persons represented to him as having or being likely to claim, any interest or title in the 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 attached property or any portion thereof may, notwithstanding that no notice has been served upon him under this section, make an objection as aforesaid to the District Judge at any time before an order is passed under sub-section (1) or sub-section (3), as the case may be, of section 36-F.

(1) If no cause is shown and no objections are made under section 36-E on or before the specified date the District Judge shall forthwith pass an order to the effect that the property shall remain attached till the termination of the criminal proceedings. (2) If cause is shown or any objections are made as aforesaid, the District Judge shall proceed to investigate the same, and in so doing, as regards the examination of the parties and in all other respects he shall, subject to the provisions of this Act, follow the procedure and exercise all the powers of a court in hearing a suit under the Code of Civil Procedure, 1908 (No. V of 1908), and any person making an objection under section 36-E shall be required to adduce evidence to show that at the date of the attachment he had some interest in the property attached. (3) After investigation under sub-section (2), the District Judge shall either pass an order to the effect that property shall remain attached till the date of the termination of the criminal proceedings or vary the order of the District Magistrate by releasing a portion of the property from attachment or withdraw the said order. Explanation.—For the purposes of this section and section 36-H the date of the termination of the criminal proceedings shall be deemed to be: (a) where such proceedings are taken to the High Court, whether in appeal or revision, the date on which the High Court passes its final order in such appeal or revision; or (b) where such proceedings are not taken to the High Court, the day immediately following the expiry of sixty days from the date of the last judgment or order of a criminal court in the proceedings.

(1) Where before judgment is pronounced in any criminal trial for the offence under section 36-B it is represented to the court that an order of attachment of property has been passed under this Act, in connection with such offence, the court shall, if it is convicting the accused, record a finding as to the amount of money or value of other property procured by the accused by means of the offence. (2) In any appeal or revisional proceedings against such conviction, the appellate or revisional court shall, unless it sets aside the conviction, either confirm such finding or modify it in such manner as it thinks proper. (3) In any appeal or revisional proceedings against an order of acquittal passed in a trial such as is referred to in sub-section (1), the appellate or revisional court, if it convicts the accused, shall record a finding such as is referred to in that sub-section.

(1) Upon the termination of any criminal proceedings for the offence in respect of which any order of attachment of property has been made under this Act or security given in lieu thereof, the District Magistrate shall, without delay, inform the District Judge, and shall where criminal proceedings have been taken in any Court, furnish the District Judge with a copy of the judgment or order of the trying Court and with copies of the judgments or orders, if any, of the appellate or revisional Court thereon. (2) Where it is reported to the District Judge under sub-section (1) that cognizance of the alleged offence under section 36-B has not been taken or where the final judgment or order of the criminal courts is one of acquittal the District Judge shall forthwith withdraw any orders of attachment of property made in connection with the offence or where security has been given in lieu of such attachment, order such security to be returned. (3) Where the final judgment or order of the criminal court is one of conviction the District Judge shall order that from the property of the convicted person attached under this Act or out of the security given in lieu of such attachment, there shall be forfeited to the state such amount or value as is found in the final judgment or order of the criminal courts in pursuance of section 36-G to have been procured by the convicted person by means of the offence together with the costs of attachment as determined by the District Judge; and where the final judgment or order of the criminal courts has imposed or upheld a sentence of fine on the said person (whether alone or in conjunction with any other punishment), the District Judge may order, without prejudice to any other mode of recovery, that the said fine shall be recovered from the residue of the said attached property or of the security given in lieu of attachment. Explanation.-For the purposes of this section and section 36-H the date of the termination of the criminal proceedings shall be deemed to be-(a) where such proceedings are taken to the High Court, whether in appeal or revision, the date on which the High Court passes its final order in such appeal or revision; or (b) where such proceedings are not taken to the High Court, the day immediately following the expiry of sixty days from the date of the last judgment or order of a criminal court in the proceedings. (1) Upon the termination of any criminal proceedings for the offence in respect of which any order of attachment of property has been made under this Act or security given in lieu thereof, the District Magistrate shall, without delay, inform the District Judge, and shall where criminal proceedings have been taken in any Court, furnish the District Judge with a copy of the judgment or order of the trying Court and with copies of the judgments or orders, if any, of the appellate or revisional Court thereon. (2) Where it is reported to the District Judge under sub-section (1) that cognizance of the alleged offence under section 36-B has not been taken or where the final judgment or order of the criminal courts is one of acquittal the District Judge shall forthwith withdraw any orders of attachment of property made in connection with the offence or where security has been given in list of such attachment, order such security to be returned. (3) Where the final judgment or order of the criminal court is one of conviction the District Judge shall order that from the property of the convicted person attached under this Act or out of the security given in lieu of such attachment, there shall be forfeited to the state such amount or value as is found in the final judgment or order of the criminal courts in pursuance of section 36-G to have been procured by the convicted person by means of the offence together with the costs of attachment as determined by the District Judge; and where the final judgment or order of the criminal courts has imposed or upheld a sentence of fine on the said person (whether alone or in conjunction with any other punishment), the District Judge may order, without prejudice to any other mode of recovery, that the said fine shall be recovered from the residue of the said attached property or of the security given in lieu of attachment.

An appeal shall lie to the High Court against every decision of the Court made under section 36-F.

The order passed or the decision made under this Chapter shall not be appealable except as provided therein and no other civil court shall have jurisdiction in respect of any matter which the Court is empowered by or under this Chapter to determine and no injunction or interlocutory order interfering with the attachment or confiscation of the property shall be granted by any other court or authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this chapter. Explanation.-For the purposes of this Chapter the property acquired or held by-(i) husband or wife, as the case may be, of an officer; or (ii) son or daughter or step son or step daughter of an officer and wholly dependent on him; other than the property which is acquired or held by any of the aforesaid persons with their own source and without the knowledge of such officer shall be deemed to have been acquired or held by the officer.

The sanction for prosecution of a government servant for an offence under 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, 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.

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 caused substantial prejudice to the accused.

All offences under this Act shall be cognizable: Provided further that the State Government may, at any time for the purpose of satisfying itself as to the propriety of any order passed by the Commissioner of the Division as prescribed by the prescribed authority either on its own motion or on reference made by the prescribed authority shall call for and examine the record of any case pending before or disposed of by such authority and may issue the order or pass such order in reference thereto as it thinks fit. Provided secondly that if on receiving an information of the commission of any offence under this Act an officer specified under this section apprehends that delay may result in disappearance of material piece of evidence, he may forthwith direct an Executive Magistrate subordinate to him to proceed to collect the evidence or ensure against disappearance of the facts relating thereto and facts shall forthwith be reported by such Executive Magistrate to the Committing Magistrate having jurisdiction and also to the officer specified under this section. Provided thirdly that no direction shall be issued under this section against a member of the judicial service of the State save with the prior concurrence of the High Court: Provided fourthly that if the court while discharging or acquitting the accused find that any officer while giving directions under this section or while granting sanction under section 197 of the Code of Criminal Procedure, 1973 (No. 2 of 1974), acted maliciously without just cause or excuse, he shall be prosecuted according to law for an offence punishable under section 182 or 211 of the Indian Penal Code, as the case may be. Rules specifying the prescribed authority on whose direction a police officer shall investigate an offence under the Act, including the Table specifying Competent Authorities and Note on sanction/permission protocols.

Save as provided in this Chapter the provisions of the Code of Criminal Procedure, 1973 (No. 2 of 1974) shall apply to an offence under this Act: Provided that if an offence punishable under this Act is also punishable under any other enactment for the time being in force then notwithstanding anything contained in that Act or in the Code of Criminal Procedure, 1973 (No. 2 of 1974) to the contrary the provisions of section 39, 40 and 41 of this Act shall apply.

The Provisions of this Act shall be in addition to and not in derogation of the provisions of the Prevention of Corruption Act, 1947 (No. 2 of 1947) Indian Penal Code, 1860 (No. 45 of 1860), Indian Forest Act, 1927 (No. 27 of 1927), the Madhya Pradesh Excise Act, 1915 (No. 2 of 1915), essential Commodities Act, 1955 (No. 10 of 1955) or any other law for the time being in force and nothing contained herein shall exempt any person from any proceeding which might apart from the sections under this Act, be instituted against him.

(1) The State Government may make rules for carrying out the purposes of this Act. (2) All rules made under this Act shall be laid on the table of the Legislative Assembly. Exercised under sub-section (I) of section 44 read with section 39 to prescribe investigation authorities and officer rankings (e.g., District level officer definitions).

The Madhya Pradesh Vinirdishta Bhrashta Acharan Nivaran Adhyadesh, 1982 (No. 15 of 1982) is hereby repealed.

Whoever being an officer having the authority to sanction, advance or to disburse any loan, advance or subsidy of the State Government or local authority or a public undertaking, intentionally, knowingly or for corrupt motive— (a) prepares false report or misrepresents any material fact, or (b) takes inordinately more time than what is normally required over the preparation of the papers or processing of the case thereby delaying the sanction of loan or advance or subsidy; or (c) delay or cause to be delayed the sanction or disbursement of loan, advance or subsidy to an extent which is oppressive having regard to the common course of business of the office of the State Government or local authority or a public undertaking, as the case may be, shall be punished with imprisonment of either description for a term which may extend to three years or with fine or both.

To The Collector, District ............. Place ............. Dated ............... I/We request that a licence be granted to me/us under the Madhya Pradesh Vinirdishta Bhrashta Acharan Nivaran Adhiniyam, 1982. Yours faithfully, Signature and designation of the applicant. 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 case applicant is - (a) an individual, his nationality; (b) a private company, the nationality of all members of the company alongwith place of registration; (c) a public company, the nationality of directors, the percentage of share capital held by Indian nationals, alongwith place of incorporation; (d) a firm or association, the nationality of all the partners of the firm or of the association; (e) a society; details thereof; (iv) profession or nature of business of applicant; (v) Details of immovable and movable property owned by the applicant; (vi) Whether he has developed any land before the date of this application. If yes, give details thereof; (vii) Whether applicant, has financial resources to establish colony (State sufficient particulars); (viii) Whether applicant has ever been convicted for any offence? If yes, give details; (ix) Income tax permanent account number (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 experience should be explained. If he intends to appoint a manager the name of the manager, his qualifications, nature and extent of his previous experience should be specified and his consent letter should be attached. I/We do hereby declare that the particulars furnished above are correct and am/are ready to furnish any other details as may be required by you.

Licence No ............... Subject to the terms, conditions and restrictions specified below and 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/o ................. Address ................. for establishment of colonies in district ............. Date ............. Collector District.

1. Date and year of issue of licence ..................... 2. Number of licence ..................... 3. Name of person to whom licence is issued ..................... 4. Father's name ..................... 5. If firm, company or association or society, names of all the partners/members ..................... 6. Terms, conditions and restrictions subject to which licence is granted ..................... 7. Date of cancellation of licence and brief reasons for cancellation ..................... 8. Dates of intimations received under rule 10. 9. Dates of permission granted under rule 10.