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section 28

STRUT 1 TGA ST YR BEL

The Madhya Pradesh Vishesh Niyaylaya Adhiniyam 2011
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  1. (R) UHR (2) & oref =e TY geek fam Tg fagr-nvse wus @ Wid, SEAT wr, Ru. sifufEm sen aaa yw fd or fafu 8 #0) fed eta & € gu of, 39 sifu % Iweiy fRelt sf wt gen § erful € WME TEA <, af 39 sf SEE FE BR FE SE Sam A a To we, ska wt afte. Tw, STA sue F Swe or 7, BEE QR THA wy HE TE AR 5 ARE FURY EF A 9 9d FH wematy Fw See €F % gee Te Tea sem. «are, fais 10 wed 2012 %. 750-46-FHRIT-3- (U1. ). — HRT & HA F So9< 348 F @Ue (3) F TIE H, HEART ford mare eifafem, 2011 (FHF 8 TH 2012) FT FHS SHER TATE F WHER F THEM eRferd foma STe 2, TERY F THIS FA Yq SATA, TRAYT ATE, STR FTE MADHYA PRADESH ACT No. 8 or 2012 THE MADHYA PRADESH VISHESH NYAYALAYA ADHINIYAM, 2011 TABLE OF CONTENTS. CHAPTER—I PRELIMINARY Sections : 1. Short title, extent and commencement. 2. Definitions. CHAPTER—II ESTABLISHMENT OF SPECIAL COURTS 3 Establishment of Special Courts. 4. Cognizance of cases by Special Courts. wee TE, fein 10 wad 2012 128 (7) 5. Declaration of cases to be dealt with under this Act. 6. Effect of declaration. 7. Jurisdiction of Special Court as to trial of offences. 8. Procedure and powers of Special Courts. 9. Appeal against orders of Special Courts. 10. Transfer of cases. 11. Special Court not bound to adjourn a trial. 12. Presiding Judge may act on evidence recorded by his predecessor. CHAPTER—III CONFISCATION OF PROPERTY 13. Confiscation of property. 14. Notice for confiscation. 15. Confiscation of property in certain cases. 16. Transfer to be null and void. 17. Appeal. 18. Power to take possession. 19. Refund of confiscated money or property. : 20. Notice or order not to be invalid for error in description. 21. Act to be in addition to any other law. 22. Bar to other proceedings. 23. Protection of action taken in good faith. 24. Power to make rules. 25. Overriding effect. 26. Power to remove difficulties. MADHYA PRADESH ACT No. 8 oF 2012 THE MADHYA PRADESH VISHESH NYAYALAYA ADHINIYAM, 2011. [Received the assent of the President on the 7th February, 2012; assent first published in the “Madhya Pradesh Gazette (Extra-ordinary)”, dated the 10th February, 2012.] An Act to provide for the constitution of Special Courts for the speedy trial of certain class of offences and for confiscation of the properties involved and for the matters connected therewith and incidental thereto. Be it enacted by the Madhya Pradesh Legislature in the Sixty-second year of the Republic of India as follows: — CHAPTER—I PRELIMINARY I. (1) This Act may be called the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011. Short title, extent, and commence ment.
  1. (2) Tt shall extend to the whole of the State of Madhya Pradesh.
  2. (3) Tt shall come into force on such date as the State Government may, by notification, appoint. 2. (1) In this Act, unless the context otherwise requires,— Definitions.
    • (a) “Act” means the Prevention of Corruption Act, 1988 (49 of 1988); me veo Rewewwdo
    • (b) “authorised officer” means any Serving Officer belonging to Higher Judicial Service . and who is or has been Sessions Judge/Additional Sessions Judge, for the purpose of Section 14;
    • (c) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974);
    • (d) “declaration” in relation to an offence, means a declaration made under Section S in respect of such offence;
    • (e) “offence” means an offence of criminal misconduct which attracts application of Section 13(1)(e) of the Act either independently or in combination with any other provision of the Act or any of the provision of Indian Penal Code, 1860 (45 of 1860);
    • (f) “Special Court” means a Special Court established under Section 3;
  3. (2) The words and expressions used herein and not defind but defind in the Code or the Act shall have the meanings respectively assigned to them in the Code or the Act. CHAPTER—II : ESTABLISHMENT OF SPECIAL COURTS Establishment of 3. (1) The State Government shall, for the purpose of speedy trial of offence, by notification, Special Courts. establish as many courts as considered adequate to be called Special Courts.
  4. (2) A Special Court shall be presided over by a Judge to be nominated by the State Government with the concurrence of the High Court.
  5. (3) No person shall be qualified for nomination as a Judge of a Special Court unless he is a member of Higher Judicial Service and is or has been a Sessions Judge/Additional Sessions Judge in the State. Cognizance of 4. A Special Court shall take cognizance of and try such cases as are instituted before it or es by Special ransferred to it under Section 10. ourts. Declaration of 5. (1) Where the State Government, on the basis of prima-facie evidence, have reasons to cases to be dealt . . . cw with under this believe that appropriate grounds exists about the commission of an offence alleged to have been Act. committed by a person, who has held or is holding public office and is or has been public servant within the meaning of Section 2(c) of the Act in the State of Madhya Pradesh, the State Government shall make a declaration to that effect in every case in which it is of the aforesaid belief.
  6. (2) Such declaration shall not be called in question in any Court. Effect of 6. (1) On such declaration being made, notwithstanding anything in the Code or any other declaration. N So . . law for the time being in force, any prosecution in respect of the offence shall be instituted only in a Special Court.
  7. (2) Where any declaration made under Section 5 relates to an offence in respect of which a prosecution has already been instituted and the proceedings in relation thereto are pending in a Court other than Special Court under this Act, such proceedings shall, notwithstanding anything contained in any other law for the time being in force, stand transferred to Special Court for trial of the offence in accordance with this Act. TETHER IE, fei 10 wed 2012 128 (9) 7. A Special Court shall have jurisdiction to try any person alleged to have committed the Joie tion, of R offence in respect of which a declaration has been made under Section S, either as principal, to trial of | conspirator or abettor and all of them can be joindy tried therewith at one trial in accordance offences. with the Code. 8. (1) A Special Court shall, in the tial of such cases, follow the procedure prescribed by Procedure and the Code for the trial of warrant cases before a Magistrate. powers of Special
  8. (2) Save as expressly provided in this Act, the provisions of the Code and of the Act shall, in so far as they are not inconsistent with the provisions of this Act, apply to the proceedings before a Special Court and for the purpose of the said provisions, the persons conducting a prosecution before a Special Court shall be deemed to be a Public Prosecutor.
  9. (3) A Special Court may pass, upon any person convicted by it, any sentence authorized by law for the punishment of the offence of which such person is convicted. 9. (1) Notwithstanding anything in the Code, an appeal shall lie from any judgment and Appeal [gainst sentence of a Special Court to the High Court both on facts and law. Fm pec : (2) Except as aforesaid, no appeal or revision shall lie in any court from any judgment, sentence or order of a Special Court. . (3) Every appeal under this section shall be preferred within a period of thirty days from the date of judgement and sentence of a Special Court : Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied for reasons to be recorded in writing that the appellant had sufficient cause for not preferring the appeal within the period. 10. Notwithstanding the order provisions of this Act, it would be open to the High Court to Transfer of cases. transfer cases from one Special Court to another. 11. (1) A Special Court shall not adjourn any trial for any purpose unless such adjournment Special Court not is, in its opinion, necessary in the interest of justice and for reasons to be recorded in writing. bound toa Journ
  10. (2) The Special Court shall endeavour to dispose of the trial of the case within a period of one year from the date of its institution or transfer. 12. A Judge of a Special Court may act on the evidence recorded by his predecessor or presiding Judge predecessors or partly recorded by his predecessor or predecessors and partly recorded by himself. nay aS > recorded by his predecessor. CHAPTER—III CONFISCATION OF PROPERTY 13. (1) Where the State Government, on the basis of prima facie evidence, have reasons to Confiscation of believe that any person, who has held or is holding public office and is or has been a public Property: servant has committed the offence, the State Government may, whether or not the Special Court has taken cognizance of the offence, authorize the Public Prosecutor for making an application to the Authorized Officer for confiscation under this Act of the money and other property, which the State Government believe the said person to have procured by means of the offence.
  11. (2) An application under sub-section (1)—
    • (a) shall be accompanied by one or more affidavits, stating the grounds on which the belief, that the said person has committed the offence, is founded and the amount of money and estimated value of other property believed to have been procured by means of the offence: and 128 (10) Hee TE, fe iw 10 wad 2012
    • (b) shall also contain any information available as to the location for the time being of _ any such money and other property, and shall, if necessary, give other particulars considered relevant to the context. Notice =~ for 14. (1) Upon receipt of an application made under Section 13, the Authroized Officer shall confiscation. serve a notice upon the person in respect of whom the application is made (hereafter referred to as the person affected) calling upon him within such time as may be specified in the notice, which shall not be ordinarily less than thirty days, to indicate the source of his income, earnings or assets, out of which or by means of which he has acquired such money or property, the evidence on which he relies and other relevant information and particulars, and to show cause as to why all or any of such money or property or both, should not be declared to have been acquired by means of the offence and be confiscated to the State Government.
  12. (2) Where a notice under sub-section (1) to any person specified any money or property or both as being held on behalf of such person by any other person, a copy of the notice shall also be served upon such other person.
  13. (3) Notwithstanding anything contained in sub-section (1), the evidence, information and particulars brought on record before the Authorized Officer, by the person affected or the State Government shall be open to be rebutted in the trial before the Special Court provided that such rebuttal shall be confined to the trial for determination and adjudication of guilt of the offender by the Special Court under this Act. Com issation of 15. (1) The Authorized Officer may, after considering the explanation, if any, to the show certain cases. cause notice issued under Section 14 and the materials available before it, and after giving to the person affected (and in case where the person affected holds any money or property specified in the notice through any other person, to such other person also) a reasonable opportunity of being heard, by order, record a finding whether all or any other money or properties in question have been acquired illegally.
  14. (2) Where the Authorized Officer specifies that some of the money or property or both referred to in the show cause notice are acquired by means of the offence, but is not able to identify specifically such money or property, then it shall be lawful for the Authorized Officer to specify the money or property or both which, to the best of his judgment, have been acquired by means of the offence and record a finding accordingly under sub-section (1).
  15. (3) Where the Authorized Officer records a finding under this section to the effect that any money or property or both have been acquired by means of the offence, he shall declare that such money or property or both shall, subject to the provisions of this Act, stand confiscated to the State Government free from all encumbrances : Provided that if the market price of the property confiscated is deposited with the Authorized Officer, the property shall not be confiscated.
  16. (4) Where any share in a Company stands confiscated to the State Government under this Act, then, the Company shall, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956), or the Articles of Association of the Company, forthwith register the State Government as the transferee of such share.
  17. (5) Every proceeding for confiscation of money or property or both under this Chapter shall be disposed of within a period of six months from the date of service of the notice under sub- section (1) of Secton 15.
  18. (6) The order of confiscation passed under this section shall, subject to the order passed in appeal, if any, under section 17 be final and shall not be called in question in any Court of law. HATER SE, feats 10 wed 2012 128 (11) 16. Where, after the issue of a notice under Section 14 any money or property or both Transfer to be referred to, in the said notice are transferred by any mode whatsoever, such transfer shall, for the null and void. purposes of the proceedings under this Act be void and if such money or property or both are subsequently confiscated to the State Government under Section 15, then the transfer of such money or property or both shall be deemed to be null and void. 17. (1) Any person aggrieved by any order of the Authorized Officer under this Chapter Appeal. may appeal to the High Court within thirty days from the date on which the order appealed against was passed.
  19. (2) Upon any appeal preferred under this section, the High Court may, after giving such parties, as it thinks proper, an opportunity of being heard, pass such order as it thinks fit. :
  20. (3) An appeal preferred under sub-section (1) shail be disposed preferably within a period of six months from the date it is preferred and stay order, if any, passed in an appeal shall not remain in force beyond the prescribed period of disposal of appeal. 18. (1) Where “any money or property or both have been confiscated to the State Government Power to take i . . session. under this Act, the concerned Authorized Officer shall order the person affected, as well as any possession other person, who may be in possession of the money or property or both to surrender or deliver possession thereof to the concerned Authorized Officer or to any person duly authorized by him in this behalf, within thirty days of the service of the order: Provided that the Authorized Officer, on an application made in that behalf and being satisfied that the person affected is residing in the property in question, may instead of dispossessing him immediately from the same, permit such person to occupy it for a limited period to be specified on payment of market rent to the State Government and thereafter, such person shall deliver the vacant possession of the property.
  21. (2) If any person refuses or fails to comply with an order made under sub-section (1), the Authorized Officer may take possession of the property and may, for that purpose, use such force as may be necessary.
  22. (3) Notwithstanding anything contained in sub-section (2), the Authorized Officer may, for the purpose of taking possession of any money or property or both referred to in sub-section (1), requisition the service of any Police Officer to assist and it shall be the bounden duty of such officer to comply with such requisition. 19. Where an order of confiscation made under Section 15 is modified or annulled by the Refund of . N . . N confiscated High Court in appeal or where the person affected is acquitted by the Special Court, the money money or or property or both shall be returned to the person affected and in case it is not possible for any Property. reason to return the property, such person shall be paid the price thereof including the money so confiscated with the interest at the rate of five percent per annum thereon calculated from the date of confiscation. CHAPTER—IV MISCELLANEOUS 20. No notice issued or served, no declaration made and no order passed. under this Act Notice or order shall be deemed to be invalid by reason of any error in the description of the property or person fot to be invalid mentioned therein, if such property or person is indentifiable from the description so mentioned. description. 128 (12) weAgew To, fiw 10 wad 2012 to oa 21. The provisions of this Act shall be in addition to, and not in derogation of, any other . other law. law for the time being in force, and nothing contained herein shall exempt any public servant from any proceeding which might, apart from this Act, be instituted against him. cease" 22. Save as provided in Sections 9 and 17 and notwithstanding anything contained in any i} other law, no suit or other legal proceedings shall be maintainable in any Court in respect of any money or property or both ordered to be confiscated under Section 15. tection of 23. No suit, prosecution or other legal proceedings shall lie against any person for anything good faith. in good faith done or intended to be done in pursuance of this Act. Power to make 24. (1) The State Government may, by notification, make such rules, if any, as it may deem rules: necessary for carrying out the purposes of this Act.
  23. (2) Every rule made under sub-section (1) shall be laid before the State Legislative Assembly. Overriding 25. Notwithstanding anything in the Act or any other law for the time being in force, the , effect. rovisions of this Act shall prevail in case of any inconsistency. - Pp p y Y. Bower to remove 26. If any difficulty arises in giving effect to the provisions of this Act, the State Government
    • • . may, by order, not inconsistent with the provisions of this Act, remove the difficulty : : Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act. fio, WET Eo aul SER TIER, BIEN SRI VIHA HEP GEOer, Wie 8 fd aon Feta —2012.

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