The Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983

1. (1) This Act may be called the Himachal Pradesh Prevention of Specific Corrupt Practices Act, 1983.
2. (2) It shall extend to the whole of the State of Himachal Pradesh.
3. (3) It shall be deemed to have come into force with effect from the 28th day of October, 1983.

In this Act, unless the context otherwise requires,--

1. (a) "local authority" means any public undertaking, authority, co-operative society, corporation, body, board, society or organisation, by whatever name they are known,--
   • (i) incorporated or set up by the State Government, or
   • (ii) constituted under any Law, Ordinance, Act, Rules, or Regulations of the State Government, or
   • (iii) constituted under any Central Act, Ordinance, Rules, or Regulations, over which the State Government has control and authority;
2. (b) "officer" means a person serving in connection with the affairs of the State, local authority, or any other institution or organisation aided or set up by the State Government;
3. (c) "public undertaking" means a Government Company, within the meaning of section 617 of the Companies Act, 1956, (1 of 1956) in which not less than fifty-one per cent of the paid up share capital is held by the State Government or any Company which is a subsidiary of a Company in which not less than fifty-one per cent of the paid up share capital is held by the State Government and includes a corporation or other statutory body, by whatever name called, in each case owned or controlled by the State Government and any other Government Company, other than a Company owned and controlled by the Central Government in which the State Government has contributed equity.

In this Chapter, unless the context otherwise requires,--

1. (a) "construction" means all activities pertaining to the construction of a work and includes excavation, filling, levelling and other allied activities;
2. (b) "contractor" in relation to a work means a person who undertakes to execute the work under a works department, in pursuance of a contract and includes, where the context so requires, a sub-contractor and includes, all other agencies and persons employed by him or working under his control for the execution of such work and the expression "works contract" shall be construed accordingly;
3. (c) "officer-in-charge" means an officer in relation to a work under a works contract who is primarily and directly responsible on the work site to see that the work or specific part of the work is duly executed in accordance with the terms, conditions and specifications of the works contract and the instructions, directions or work order issued, by the supervisory officers or by the works department, from time to time;
4. (d) "officer of the works department" means the officer, whatever be the designation, employed in the works department and concerned with the survey, construction, repairs, maintenance, supervision, planning, drawing, designing, purchase, supply or shortage of goods, mechanically propelled or electrically operated vehicles of all descriptions, plants, machinery, tools, spares or all officials responsible to make payment of bills and advances, in relation to the work;
5. (e) "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;
6. (f) "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 materials and equipments relating to the construction, maintenance or repairs of any of the aforesaid works;
7. (g) "works department" means a department of the State Government, a public undertaking, a local authority, or a co-operative society registered under the Himachal Pradesh Co-operative Societies Act, 1968, (3 of 1969) which gives a works contract or under whose orders, directions or control works contract is entered into or work is done, and shall include--
   • (i) an institution or organisation substantially aided by the State Government, as the State Government may, by notification, specify, and
   • (ii) any statutory or non-statutory body, by whatever name called, incorporated or set up by the State Government.

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 with both.

Whoever, being an officer-in-charge of a work under a works contract being executed by a contractor or otherwise, intentionally or knowingly--

1. (a) permits or connives at, or
2. (b) omits to prevent or to report about, or
3. (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 standard 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 extend to three years, or with fine, or with both.

1. (1) Whoever, being an officer-in-charge of a work or being an officer of the works department, in connection with a work, intentionally or knowingly--
   • (a) prepares a false or fictitious muster-rolls, or
   • (b) prepares a false or fictitious measurement book, or
   • (c) makes payment for false or fictitious lead for false or fictitious excavation of metal, sand, earth, or
   • (d) incorrectly classifies a strata under excavation for making payment at a higher rate, or
   • (e) pays for no work or inadequate or 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 extend to three years, or with fine, or with both.
2. (2) Whoever, being a supervisory officer, abets the commission of an offence under sub-section (1), shall also be punished with imprisonment of either description which may extend to three years, or with fine, or with both.

Whoever, being a contractor under a works contract, sells or otherwise transfers cement, steel, iron, or any other material supplied by the works department for the work as per specifications, instead of properly utilising 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 with both.

Whoever, being a tenderer for a work under a works department,--

1. (a) procures, obtains or attempts to procure or obtain for himself or for any other person work under a works contract by submitting fictitious competitive tenders in the name of false or non-existent or bogus person, or
2. (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
3. (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 with both. Explanation.--Near relation in this section means son, grand-son, father, mother, spouse, brother, sister, brother-in-law, father-in-law and mother-in-law.

Whoever, being an officer of a works department, having authority to accept a tender on behalf of a works department--

1. (a) abets the commission of an offence under section 8 by accepting or recommending for acceptance such tender, or
2. (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 with both.

Whoever, being an officer of a works department, dishonestly, wrongfully or fraudulently--

1. (a) disposes of or otherwise transfers; or
2. (b) permits unauthorised use of goods, plants, 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 with both.

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

1. (a) makes misrepresentation in respect to the quantity supplied, or
2. (b) supplies sub-standard goods, plants, machinery, tools, spares or other materials or equipments which are not of mercantile quality or not in accordance with the samples or 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 with both.

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 with both.

Whoever, being an officer of the works department, with male fide intention, resorts to splitting of purchase order in order to enable him to affect 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 fine, or both.

Whoever, being an office-in-charge for the preservation and maintenance of forest or disposal of forest produce, having jurisdiction intentionally or knowingly permits, connives or abets or fails to report, the--

1. (i) illegal felling of trees or extraction of logs, or
2. (ii) illegal girdling or trapping, or
3. (iii) theft of wood, timber or bamboos, or other forest produce, for commercial purpose shall be punished with imprisonment of either description which shall not be 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 reason to be recorded in writing, impose

Whoever, being an officer-in-charge of check-post or barrier or an official duty-bound to charge the tax, duty or fee referred to in section 26, intentionally or knowingly does not charge such tax, duty or fee, or allows any false or fictitious document or a declaration for the purposes of the said enactments with the intention to abet an offence under section 26 of this Act or connives or abets the manipulation of evasion of such tax, duty or fee, shall be punished with imprisonment of either description which shall not be 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 reason to be recorded in writing,