The Madhya Pradesh Vinirdisht Bhrashtachar Nivaran Adhiniyam, 1982 tatha Uske Adheen Banaye Gaye Niyam

...
:t~" r ,; ", 92'
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'4~. ~ 'THE MADHYA PRADESH VINIRDISHTA BHRASHTA ACHARAN NlV ARAN:."'~li, ' .
I ~\ ". ADHINIYAM. 1982. ';j, .•,ii;
::iqA4V;:;~',~;:k.\.,', ", (No. 96 01' (982), " '., <c.
~ ' : '" , [aeeel ved the assen t of'the Governo' on the ,29th Oetoher, 1982;' aSSeni first publi,hed'M):
it , "th,c: 'Madhya, P,ade~h !'Ia':"e (E "eaoedinary)" da ted the 3~th' Oe;ober 1982.] ,:,,',;:~ .. ,,:,~' ".' __:;" ':, . ,., ". " ' .. "" . ',i "'.~'., "'," __ ,'_""j
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 .••n stit 0tlons",
;~~., .or organisations aided by State Government and bY-'some'otber,persons in.'~
:~ : • ."t',~"." • ,', their dealings',wlth the State Govern ment and' aforesaid bodies with,a view to
,~M ,':. :".' ".:~~,;.:,,'eradicate and.effectively·prevent sucl,1 practices and~Cor other-miscellaneous;
~ '"~~': 'g~:;~~~;-.matl~~~"c~~~.,.~~d,'!,~,.~~VI: tb:. ,,0 " , ; '" ,,' ':: i •.. '\ :'5;;:;'2';''','':;;:~'>\'':E,
~ " ," ",,' <", Be it eHae'cd by tbeMadhya,Pen desh Legi'la tUte in the Tilie'y'thl rli ye.r· ofllie aepubli c!~ .• :",' it:,,, of, Indiu.; US"· follows.:- :'., ',', " .' ," ", , ' ,>.,
~,'~' . " .. '.,; '.~. ,:,'"::,, ':',:'': '.",, , " , ', .•.," ••... " ',' ,
" ,.,'.', ,'~,.:." ,,'S ta t~~~:t':: : bjeets .~d R •• so .;~-::~e~:.cral ' I~VI''eel::;:g' t~ : :;;~~n;io:·:;lf:~
:~.•. '. ,''- ' . eorc'\P'io~ l1"ve not be"" .ble to folly aeh;eve '110~csie~J objective o~ O""OUlll~f too m~eh 'i:• " of geneealisa,llollO, It ,nppear.d to be neeessaey to •den tJfy and effecl' vely 'pulll,h specIfic ',il
~ , : poi,nt, of core.ptiM 'in e.la tion to the' over expen din g planning, deve/opmen t and.!,
<t ',' , ',' constructiOn actiyitieswhero largo public funds aro involved and in relation to other matter.'i
i , A, thom"tl"· Via' urgen' and tb~ Vidh,n Sabh. Was no' in "ssion, the 'M.dhya Peadesh~,
i " c' : Vinird i'b ta 'Bh,. ,h" Achaean' NivaeaI' Adhyadcsh.1982' (No, 15 of1982)' Vias pcomu/gated:
I .-:,; ,:" fort he'p uepose. It iSH~VIpropose d to replace t~e,Said oedi Oaneeby an' Act' of the, S•• te"
~ '.• '.'"..... Legi~Ia.~ure with. fertam· moddicatlOns. " . "':. ":' ",
~ .' '\:'" "'.: '.;. 1~ .d. :-. •• , •• ~ .•.. ,.
! ~.,.::~"',",':.:'.:'2.' Henc~:. this <)~ill ..,..;:. :', < .' ,. ,:'.I, "'. ,. ' ,',7.' ,"\:",.' ',',,'. ' ....• '
l':'"".:;;. ;,,:",',;;\''::,.'~,"CHAPTER I~PRILIMINAE.Y . "
i ''.. , ':: "<'I.'Sbo rt IItic a.d OxIe. t,-( I) Thi" Ac' ma y 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 Council constituted under the!Yfadhya Pradesh. Municipalities:
' .. , ~ct, 1961 <l':C0-'37.of 1961).', . ,', " "','. ," '. ", - \', " , ' , .•
\ "", ", ..' (iii) A 'Pa~chayat constitu,tod under tho Madhya Prudes)) Panchuyat Adhiniyum,:~
',:""-"',;,,'" 1981 (No. 35,ofI981). ',' " ".', "'~'{l'r.;~>,:,::::::,,~,.'., .' ' , ' • , ',' c', '., " ' " '.
", ::,,: ' ;'.<iV),-A 'M~~di 'Samiti,'conUituted under tbe Madby~ Prade.ui'I}riWlj U:Pi>!,~~i.
.:.:,'- ,.;' .. :,... Adbl/1lyam,!Q77 (No. 24 of 1973). i' .. ,',' .'. ~,/. ~ ,\." :~
' •. ' ":, •l\b i"'Offi~er" ;,..,~, a'perSOn'eevi ng in ;'",n ee'ion witb the allairs of the St~Ie;,publlo c
.:'':'" .';' ,': c,;un dertaki ng, local authori Iy, co-opeea h ve so••• ty Or any otber m,t.lutlOn
.' ',::,' ·'ororganisation aided by the·State.Qovernment; . ' :',
. ,,,' , (c) "Publi. Ullder 'aking" \ means 'n Gove ru men t company within tbe menning of::,
.' ': .soction617 of tho Companies Act, 1956 (No.1 of 1956),and includes a Corpora-;.,
' tion or other sta tutory bOdy, by wha tever narue cal~ed. in each case (owned or h'COntrolled by 'the State Government. "'I':
.. -~ - - f
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"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. 17 of 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.
"Officer of the works depiu;tment" meal,ls ttle officer, whatever be the designation,
employed in the works department and concerned with the survey, construction,
replirs, maintenance, supervision, planning, draWing, designing, purchaae,
supply or store of gO()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 ._. '. _ •••
"Supervisory officer" meanS an officer whose duty it is to supervise the work as per
instructions eontained'lU ' the Manual applicable ~o tliewcirks department or
contained in any order or direction issued by the'workS department, from time
to time.
(g)
'~con~ractor~' in relation to a work means a person who,undertakes to execute the
workullder a works department, in pursuance pf aconlract and inclu4es, wher~
the context so requires, a sub-Cpntractor and all other agencies and ~i:son&
employed by him Qr wor: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~p contract
W.il()IS pnmarllyand directly responsll* on the. W9.r~~~e tos~e t~~ the ~Ol~
ofspecific part of the work is duly executed in aCC()rdance wi~~ t9.eterms" cone:!i·
tiOilSand sp~cifications of the works contract and the instructions, directions or
work order issued by the supervisory officers or bY the works 4epartmel,lt from
time to time; ,
(d)
(b)
(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";
(e)
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.
,.'
4. Punish ment of contractor for violation of contract etc.-Whoever, being a
contractor of a 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 so as to adversely afl'ect the quality, workmanship, strength or life of
the work or part of it, shall be pU"lished with imprisonnent of either description 'Yhich may
extend to three years or with fine or both ..
.~,

offi
dep
1
being
shall
with
(a
(b
i,
shall Ix
:1 .1-
rr~'::'Whoeve
~ther m
Ishall be p
with fine {
II Exp
of metai,
(d) incorrectIy elassifies a .trata under excavation for lDakiugpaymenl al a higherrate, or
(a) pCOCOr•• obtaios or attempts to proCure or ob",ins f~r himself or for. aoy nthe,
person Work under a Workscontract by submittIng flcltlt1ous,competJhve tendersin the name of false, or non-existent or bogus pe-rson; or
(b) eoters ioto a co",piracy wi'h any olher tenderer or tenderers in order to eliminate
the co'ope'itioo for thc purpose of p",hing ooe of the colIu,ive low;rate tender.for acceptance; Or
(c) employs Or take, active help ofa oear relatiVe or of aoy other persoo io a positioo
to unduly influence the otricer having authOrity to accept the tender, .
.i. POOI.h ••eol of oltieer-IO'eh •• ge fot laek.of .0pervlsloD._Whoever. being
an o.'Ii?er'lO:oh"ge of a Worhader a Wcrk, con tra ct. b" ng execated by a OOnt" ctor or other-' WIse,intentIOnally or knowIng!y_
(a) permits or' colnives at, or
(b) oUlits to prevent or to repart about, or
(c) abets for corrupt motiNe,
The work being do.1ein (i) m"erial viola tion of th e lerms of the COntract. or (n) flagran;
<tis,egard of the st'n dlCd,. Sp.ecifiCdlionsorders or directi~as gi vea by Ih e worb depetmen t
or tis officers 10 ellhe, case so as 10 ad~er"ly ;<IfeetIh~qu,!' ty, workmanship. strength Orlife
0( the work or pm of d, shall be panlshed w.th I mp""'nm •• t of oither doseri plioo whichmay extent to three years or with fine or both. , .
6. PonishmeOI fo. p.epa.lug fal •• o. fietitloos MO.le. Roll. 0. Me •• oremeol
booto.-Whoever, be'iog offieer-iir-charge of a work in connection wilh lhe relief Wnrk orany 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 payznent for false Or fictitious lead or false or fictitious excavationsand, earth, 01 ,
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.
(e) pays for no work or i,nadequate Orfor fictitious or bogus Work, or
(I) pays at rates Ihat are grossly inappropriate or makes deliberate overpayments. in-violation of rules and orders,
lIlall be punished with imprisnlllDenl of either description \Vhich may extent 10 th•.•• years orwith fine or both.
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 Work or instead of returning the unnsed or excess
material back to the worb department, shall be punished wi'h imprisonment of either descri-ption whiChmay extend to three years Or with fine or both.'
8. P u01sb meot for Sub milti og maoi Pnlaled Ie nders. ~ Whoever being a tendererfor a'Work under a Works department._
shall be puoi,hed with imprisonment of either descriptioo whiCh may exteod to three year,or with fir..e or both.
\
I.

shall be punished with imprisonment of either description Which may extend to three years of
with fine Orboth.
Jrrecommendin.
tender. - Wiloever, being an
tender on behalf of a works
,;
95
.-------- -~---------~----
9. Punisb ment to officer accepting mulpulated
officer of a works departrr.ent, haviag l\uthority to accept <1
department.-
(a) abets the cGmnission of an offence under section 8 by :l;;~ptIl.>
for acceptance such tend~r; or
(b) dishonestly manipulates evaluation of tenders with the object of giving benefit
to a particular tenderer,
shaH be punished with imprisonment of either description which may extend to three years or
with fine or both ..
(b) permits unauthorised use of 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.
(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 S Im[:>lesx s)e ;Jicatio.ls given i.l the order of supply,
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
'Other materials Or equipments-
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
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;}ery,to.:>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
t offence punishable under section 11 ~uowmgly .by acc·;:ptlng the supply 0f, g~:)Qjs,. plants,
~ machinery, tools, spares or other matenals or eqll!?:n.:ats ~Il:lll.b~ pU'llshed With ImpnSO'lment
1 .of either description which may extend to three years or With fllle 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
. his fina.ncial authority to do so, or in flargant breac:l of the est!lblished p~ocedure for the
purchase of goods, plants, machi~ery, tools;.sp~res or. other materials or equipments, ~hall.be
punished with imprisonment of either descriptIOn which may extend to one year or WIth rIn.~
or both.

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96
CHAPTER II~-OfFENCES 90Nl\{EC~ED WITH FO~EST P~O:PUGB
be" 14. Pu~ishm~nt ~or illicit feUing or disliossl of for£st produce.-Whoever
fo:eng a~ off!c~r prImarIly and directly in-,~ha~g(f.ro~ ~e preservation and maintenance o'r. st ,area Or dIsposal of for~3t produ~, haVIng JumdlctlOn or concern with tbe forest area
IOtentt<;malIyOr knJwingly permits, cO:lnives, abets or suffers on account of his' omission tdsupervIse, 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 bu~ning o~ lin;t.eor. charcoal from the area, for commercial purpose shal I
be PUnIshed wIth Imp!1sonment of either description which shall be not less than
one Y.lar blt w\i::'l !Ilj ex:t~ni t) tl1re~y~ln a:1d shill also be liable to fine:
Provided that the Court may for any special reasons to be recorded in writing, imposea sentence of imprisonment of 1e~sthan one year.
I
Il
CHAPTE
ii,
18. Pt
eutets in~o ,
{)thd contra
punis~ed wit
or with fine
II
19. Pu
tion.} Who~
otherWIse de
(a) liq
I
;(b) an:
shauJi
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 producefrom a forest area.
IS. Punish ment for falsification of bid-sheet and manipulation of transitpasses.-Whocver, 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 Orfor causing wrongful loss to the Government department,
shal! be punished' with imprisonment of either description which may extend to three yearsOr wIth fme or with both.
CHAPTER IV-OFFENCES RELATING TO CLAIM OR AWARI) OF DISPROPOR-
TIONATELY EXCESSIVE COMPENSATION.
16. Punish ment for false or fictitious clai ms.-Whoever, by misrepresenting
facts, claims compensation for non-existent or fictious property or in the name of non-
existe11.!~r fictitious person or by giving false Orfictitious description of the property for grossly
exaggeratIng the value thereof, in a matter relating to the acquisition of such propery, shall be
~unished with imprisonment of either description which may extend to three years or wit hfine Or both.
17. 'Punish men! for a wud of disproportionately excessi ve co mpensation.-
Whoever, being an officer empowered under any law or by an order. or otl1erwise .direct~d to
assc~s0r award c:>m:J::nsltiorr for acquisition of property, dishonestly with a malafide lutentlOll-
"(i) if c
Iii) if ;
I
Explana
I 't
I
CHAPTER
I
20.1 Puui
Wnoevir, appli
existent1lficn n,
for sub-rliWng c
mayext~nd to t
II
E"{planat
I ot
i ar.
ot
Su
ra
of
(i) assess"':sOr awards compensation which is excessive so as to be grossly dispropor
tioilatc to tll.: m'l,ket value of the prop'~rty S0 acquired, or in violation of any
direction of law for the tiIUe b::ilig in force, prcs';::ribillg the mode of calculationof compensation. or,
(ii) assesses or awards compensation for the noa-existent or fictitious property or to
a fictitious person;
shall be puc.ished with imprisonment of either description which may extend to three yearsor with fine or both.
f " . .-.~
!
21. P uuis
20.-Whoever !.. J "
per !nqwfY, reg;.
th e In tention to.
either dek'btic
,II "
. I,
J. Amended"
"Iished ir
illast wor

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21. Punish ment for registering bogus Fir m for abeting offence under section
20.-Whoever, beiJg an officer intentionally, knowir':gly or r.eg1ig;ntly, withouthoidi:rg pro-
per inquiry, registers a bogus firm or permits the use of bogus or non-existentfirm's name, with
the intention to abet the ofl"e:1ceun.der section 20, shall be punished with in:prisooment of
either desc<lj)tio,l which mB.yextend to three yer.rs or with fine or both.
E~planation.-30gu~ firm includes a fictitious firm nominally registered in the name
ofa relati01,fre11d 0,' servant of a businessman only forshowinga seperate entity
and ha ving so;ne nomi;-,'ll trans:lct:o.l recorded in that Harne, and having for its
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.de by the real firm so 2.9 to mak0 is sure that the real firm
of the busineJsm:m gets the contract or licence, as the case may be.
..
J.. Amended vide M. P. Vinirdisht-a Bhea&t-a·Achaean Nivaran·-(Sanshodhan) Adhiniyam, 1984, pub-
lished in M. P. Rajoatra (Asadharan) dated 20-11-1984, pp. 3170-73. Prior to amendment, the
last word 'ETC.' of the heading of Chapter VI was missing.
CHA~TER V.-'OFFENCES RE!..ATING TO COLLUSIVE BIDDING AT PUBLIC
AUCTION
97
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.
CHAPTER VI.-OFFENCES RELATING TO REGISTRATION OF BOGUS FIRMS
FOR. SALES TAX-EVASION, ETC.
(a) liquor unfit for human consumption, or
(b) any drug adult'~rated or misbranded for internal or external uSe of a human being
(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.
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
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 uses a bogus or non-
existent fiCl1rWill';, 1'0; the purp)se ofm1.!1ipuhting, 5:tles-tax evasion for collusive bidding or
for sub nitt;ng coHu>iveten.der, shall be pu '1ishedwith imprisonmen t of eitheF description wbich
mayextelld to three ye2.rsor with fine or both .../
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 Or both.
shall-
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-
,-to
)-
·or
,:lY
011
to
ars
y
'S
19
n-
.ly
be
lh

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98
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CHAPTER VIi-OFFENCES RELATING TO FICTITIOUS LOANS AND FALSE
VERIFICATION OF TaBlE. VTILlZATION ..
. 22. Pu~isbment ~or advanc~Dg loans, etc., to fictitious persons.-Whoever, being
an "officerhavmg ~uthof1ty to s~nctIon or advance loan or subsidy intentionally, kn0wi;:g!y
or lor co:'.rupt motIve or otherWIse, sanctions or adv~nces loan or subsidy- '
(c)
(a)
(b)
(
(
25.
p,rovisio
and the
M illeg;
1.ie6i,il •
reqUlren
c~loniza1
I
I~2?cammlts'I •
bePUl1lS
11 28.
i]r;.~iC0nstrucit
one year
30.
the
from 1
case th .
the are
of settI
Ilacco~r
'I'land ;:J,payme;
Coloniz:
1[ Pre
" Prades1:
..,•....•'., ~'V""O
Ird'V;
i
I~£.!
122-A.. PQnisb~ent for delaying e~c. loan cases.-Whoever being an officer having
the authon ty to sanctlOn, advance or to dIsburse any loan, advance or subsidy of the State
Government or local authorityor.a public undertaking, intentionally, knowingly or for
corrupt motive-
and wh.0everr~cei~es 8;ctual benefit?f such sanction or advance of the loan or of subsidy, shall
be pUUlshed wIth Impnsonment of eIther description which may extend to three years or with
fine or both.
(a) in a fictitious name, or
(b) to a fictitious or non-existing person, or
(c) in the name of another person,
CHAPTER VIII-OFFENCES RELATING TO ILLEGAL COLONIZATION
24. Definitions.- In . this chapter, the expressions,-
(a) "a colonizer~' me.ans a pe~~n ~ho, i?-.a local area', after taking nO objectiotl
certificate or prIor permiSSIOnIn writIng, as the caSe may be,-
(i) under section 112 of the Madhya Pradesh Land Revenue Code, 1959 (No. 20
of 1959), '
(ii) unde; the Urban Land, (Ceiling and Regulation) Act, 1976 (No. 33 of 1976),
prepares false report or misrepresents any material fact, or
takes inordinately more time than wha t is normally required over the preparation
of the papers or processing of the case thereby delaying the sanction of lo,'!]lor
advance ot subsidy; or
delay or cause to b~ delayed the s8.nction or d;sbursemen t of Joan, advance or sub-
sidy to an extent which is opp~essive having regard to the common Course of
business ofthe 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 fi~leor with both.
23. Punishment for false verification of loan utiIh:ation.-Whoever, being under
a duty to verify and report proper utilization of a lo~mor subsidy falsely reports, verifies on
. te;;tifiesto 6e proper utilization thereof, with reference to the purpose for which it was
.sanctioned or advanced, when in fact it was not so rttiIised fully, or was utilised only partly. or
WES r..ot utiLsed at all, in rehtioil to that purpo:;e, .unJcssit Wi,S diverted to some other J?ur-
pose with the prior sanctio,; of authority.which san~ti?ned o~ advanced the loan or subSidy
shall be punished with imprisonment of either desCriptIOn whIch may extend to one year or
with fine or both ..
II
I. inserted vide the M. P: Vinirdishta Bhrashta Acharan Nivaran (Sanshodhan) Adhiniyam, 1983
(No. 37 of 1983), published in "M.P. Rajpatra" (Asadharan) datcd.1-12-1983 atp. 3323'
(i
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2B. Offence of illegal construction.-WllOever, C,)1structs a bui,lding in an area of
illegal diversion or illeg3.1colonisatio:l commits an off~nce of illegal construction.
29. punishment for illegal constr'uction.-Whoever, commits an offence of illegal
construction shall be pun:shed with imprisonment of either description which may extend to
one year or with fine or 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 a building, grants, sanctions or approves such layout or the map: or
99
(c) "plot holder" means a person who in a local area holds a plot under a deed of
transfer or agreement vI transfer from a colonizer;
.(b) "local are~".me~ns an area comprised within th~ limits of a Munici pal 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; ,
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
requirements contemplated in clause (a) of section 24, commits an offence of illegal
colonization.
27. Punishment for illegal diversion and illegal colonization.-Whoever
commits or abets thc'comm;ssion of an offence ofillegal diversion Orillegal colonization shall
be punished with imprisonment which may extend to three years ~r with fin'~or both.
25. Offence of illegal diversion of land.~A colonizer who, in contravention of the
provisions of section 172 of 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 diversion of land.
(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),
(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) .
from the res~ect!ve au~hority competent. t? grant the .same or from a Nazul authority in
case the land IS<,sltuat.~ In a Nazul area, dIVIdesthe land Intv plots, wit~ or withouf developing
the are a translers or agrees to 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~sidel1tial or composite
accommodatIOn and the expressIon' estahltshmentof colony, 'colollIzatlOn" "illegal colonizer"
and "illegal colonization" shall be cpnstrued accordingly:
Provided that no per30n shall undertake the estab lishment of colony unless he on
payment of SUC!lfee 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 (Np. 20 of 1959) more ommission to grant sanction for
diversion of land within the paiod specified there in shall not amount to grant of sanction·
for diversion for the purpose of this Cha,.pter..
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(if) b,::i:'lgat.10fficer under.a primlfY duty. ~od0 So kuowingly omi~s to report illegal
dlversIOnofland or 1.1IegliCOnstructIon of a building in such an area to theproper a nthori ty; or \
(iii) b~ing ;li1.oncer or the ;1utilOri ty competent to sJ.uction electrical or water supply
connectIon grants such sanction with respect to the building in such area; or
(iv) illeg:dly influences the officers afores":.id in graIlting such sanction or in omitting
to m1kc a rcpxt of such ilIegll dive::-sionofknd or construction of a bUildingin such arC2,
.shall be pu:ished with imprisonment of either description which may extend to one year orwith fine or both:
I Pr.')vide1 tha.t noUli19 cO_Itdn.edin clause (iii) shall apply to the cases covered thereby
w,lere LIe C:>llector of the district COncerned certifies that in the public interest there is no ob-
jectio.l to p ~ovideelectricill and water supply conuectiollsto the buildings in the area ofillegal
dinr.:iio!1 or iIieg:d C)lO.lizltioil in existence immediately pdor to the 30th October, 1982.
31. Transfer of plots in an area of illegal di,version or illegal colonization to be
void.-(l) (a) Notwithstandinganythingcontainedin the Madhya Pradesh Land R.evenue
Code, 1959 (No. 20 of 1959) transfer or ~greement of transfer of plots made by a coloniser
in an arel of illeg·d diversion or iIleg:.l colo;1izatio!l shaH be void;
(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
land preferentially a'm~ngst the plot holders in such manner and subject to such Condi-
tions as may be prescribed,;
(c) The allottee shaH O'~ fulfil'l1~nt of the co,'1ditionsbe deemed to be a valid transferee
ofthe plot fr011~)h1is~r, aild the p)wersofthe Collector as' manager of the plot shz.II come to
an end.
(2) The l',·O.'f3JOilS of thi3 section shall have retrosp~ctive effectionall tranSaction:;
w~lere ;).lJtrJ.ctiO,lS 0;1 the are~l of illegll diversion or illegal colonisation had not com~
menced on the 8th September, 1982.
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
of cO;1Yictionof the c010nizer u;~der section 27, stand forfeited and vested in 1he State free
from all encumbrances.
2 CHAPTER VIII (A),-OFFENCES RELATING TO ALLOTMENT 9F GO VERNMENT
LAND ETC.
32 (A). Definition.-In this Chapter "authority" means any authority constituted or
appointed byor u'lderal1Y law m-..d~by the State Legislature and for the time being in force.
1. Inserted vide the M. P. Vinirdishta :ahrashta Acharan Nivaran (Sanshodhan) Adhiniyam, 1985
(No. 4 of 1985), published in 16 M. P. Rajpatra" (Asadharan) dated 26-4-1985 at P. 1014.
2. Inserted vidc'the M. P. Vinirdishta Bhrashta Acharan Nivaran (Sanshodhan) Adhiniyam, 1983 (ACt
No. 37 of 1983), published in M. P. Rajpatra (Asadharan) dated 1-12-1983 at pp. 3323-3324.
Vol
'aIlottc(
i'ment -~
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32' '(B). Punish ment for securing allot ment of land by misrepresenting facts.-
Whoever:, intcntio~ally. knowingly or Wi' C0Trupt mot~ve, get:s lan0, 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 Or issued 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 flat in flagrant violation of law or instructions, 'governing or regulating such
allotment, shall be punished with imprisonment of either description for a term whcih may ex-.
tend to three yearS or 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 RELA TING 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. 10 of 1955), instead of supplying the 1essential commodity, declared by or under the said
Act, as the State Government may, by notifiCation spedifyfor the pUrpo~ of this chapter to the
publiC concerned in accordance with the scheme of tho 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 of either 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
system, knowingly omits to check and report connives Or abets the commission of the offence
punishable under section133 shall be pu nished 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
the State or of a public undertaking, secures or attempts to secure,his transfer or cancellation 0
tra:Usfer or p.)sting Or p£,o:notion otherwise than by representing or approaching through the
normal official Or prescrib~d channels, or b~fore he has unSUCCessfullYexhaused all such cha-
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
months Or with fiI!e 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 ~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 of Chapter IX of this Act :.-
(1) Sugar, (2) Wheat, (3) Rice, (4) Edible oil (5) Kerosene (6) Petrol (7) Diesel (8) Controlled cloth
and (9) Cement (Levy).
, ~ .. _-~~~ .. -~'..-.,
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.I
102
state oro( a pubiic. under taking ~n the nl?tter of such transfer 0:- cance!1ation
of transfer or po~tmg or pi'cmotJOJl shall amount tv abetruellt of the offence
under this secti~r. within the meaning of section 10'/ of the Indian Penal Code1860 (No 45 of 1860). ,
36.Pllnishment for drawing salary for the period (If qnauthorised absence
from dqty.-Wboever, being all officer intentionally draws, himself or by Suppression of
facts or otherwise, misrepresenting the fa,cts relating to his a bsence permits Or induces the
drawing and disbursing officer to draw and 9.isbursethe salary to him for the period of his
delibera te una uthorised absen cefrom duty unless the same is regularised by gran t of PCTmissiOn
or sanction of leave with pay and thereby cheats the Government shall be punisb_ed with
imprisonment of either description which may extend toone year or with fine or both.
1 CHAPTER X-(A)-OFFENCES RELATING TO ACQUISITION OF PROPERTY
BY ILLEGAL MEANS.
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). _ , ,
36 (B). Offence of acqqistion of proqerty by illegal means.-(I) Not with standing
anything contained in clause (e) of sub- sectio:J.(1) of section 5 of the Prevention ofCorrup_
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>unt for or which is disproportionate to his known
sources ofincome,cammjts an offence of acquisition of property by illegal means.-
(2) Whoever -;commits an offence of acquisition of property by illegal means shall be
puuishale with imprisonment for a term which shall not be less than one year but which
may to extend to seven years and shalla Iso be liable to fine which may extend to the valueof the property in excess of his known sources of income:
Provided that the court may, for any special reason to be recorded in writing imposea sentence of imprisonment of less than one year. -
36 (C). Attach me,nt of ptoperty.-(I) If the Di~trict 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 deelaration 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 Governmentforthe purpose :
Pr,ovided 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 ofCriminal 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
aU th; p~wers to adm~nister the property as he deems fit, in the best interest of the property.
t· Inserted vide the M. P. Vinirdishta B:lrashta Achatan Nivaran (Sanshodhan) Adhiniyam, 1984 (Nit.
50 of1984), published in M.l>. Rajpatra (Asadharan) dt. 20th November. 1984 at p.P. 3170 to 3173.
},
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I 36
36-C tt'I
make a
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II (2)
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(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,l th~ date of the te:minaton ~f the
criminal proceedings or vary the ?rder of the ~lS~f1ct Magistrate by releasmg a ' porbon or
the property from attachment or WIthdraw the saId order.
(2) Ifcause is shown Or any ob~ectons ~re made as aforesaid, .the ,district Judge sh~lI
proceed to investigate the same, and ~n so dOIng, as ~e~ards the. examl natIon of the partIes
and in all other respects he shall, subJe~t to th~ provlS1?nSof thIS Act, follow ,t~e procedure
and exercise all the powers of a court III hearmg a SUl.tu1!der the Code <?f CIVil Procedure,
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 of the attachment he had &Orneinterest
in the property attached.
, 36 (F). Investigation ~y District Judge of ~bjections to atta~h ment ..,........(I).If
no cause is shown and no objectIOns are made under sectIOn 36-E 0::J. or be-lore the specIfied
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) on rec'~ipt of 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~tlling upon him to show cause on a day to be specified in the notice why the
property should not remab attached till the date of the termination of the criminal proceedings.
36 (E), Reference by District Magistrate to District J udg.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 of whose jurisdiction the property is situate for deciding whether the property should
l'emam attached, .'
(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), as the caSe may be, of section 36-F.
, 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 ,a representation to the District Magis.trate, showing the circumstances and the mean~
by which the property was acquired by him, ' , , , ..
(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.
(2) If the District· Magistrate is satisfi ~d with the repres.~ntatici;], he may forthwith
release the property from attachment and (her~upon the property alongwith 'mesne profits
after deduction all expenses charged 0:1 the property shall vest in the owner thereof.
103
(4) :rheD:s!ri,ct M!lgistarate may pw\'ide polict: help to the Adn~inistrator for prope r
and eff~dw~ 41ml!1lStratlOn of the property. ' ,
(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.

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104
, .
Explana~ion.~For th~ purposes of this section and section 36-H the date of the termina.
tlOn of the CflmlUal proc~~dii1g8shall be deemed to be-
(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 orrevIsion; or '
(b) where ~uch procee~ings ~re not taken to the High' Court, the day immediately
folloWI~g.the expIry of SIxty days from the date of the last 'Judgment or order
of a ~rImlnal court in the proceedings.
36. (G) <=:riminal Courts to evaluate pl'operty procured by the, oilence.-(l)
Wher,e ?efore Judgment is pronounced in any. criminal trial for the offence under section
36-B I~I$rep~esented to.the court that an order ot' attachment of property has been passed un-
d~r thISAc!, In connectIon with such offence, the court shaH,ifit is convicting the accused, re.
'Cord a finding as to the amount of money or value of other property procured by the accusedby means of the offence.
.. (2) In any appeal or revisional proceedings against such conviction, the appellate or re.
~Is~onal court shall, unelss it sets aside the conviction,either confirm such finding or modify
It In such manner as.it thinks proper .
. '(3) In any appeal or revisional proceedings against an' order of acquittal passed in a
trial such as is referred to in sub-section (1), the appellate or revisional court, if it convicts
the ac.)used, shall record a finding such as is referred to in that sub-section .
. 36. (H) Dispo$al of attac.hed property upon ter mination ~f cri minal procee-
dll~gs.~(1) Upon the termination of any criminal proceedings for the offence in ~espect of
~hI.ch any order of attachmen t of property has been made under this A.ctor seCUrIty given
mheu t

Excerpt shown. Open the full act in Lexace.

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