MADHYA PRADESH VISHESH NYAYALAYA ADHINIYAM, 2011

What is the Act number of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

It is Madhya Pradesh Act No. 8 of 2012.

When did the President give assent to the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The President gave assent on 7 February 2012.

When was the assent of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 first published?

It was first published in the Madhya Pradesh Gazette (Extra-ordinary) on 10 February 2012.

What is the objective of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The Act provides for the constitution of Special Courts for speedy trial of certain class of offences and for confiscation of properties involved.

What additional matters does the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 cover?

It covers matters connected with and incidental to the constitution of Special Courts and confiscation of properties.

By whom was the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 enacted?

It was enacted by the Madhya Pradesh Legislature.

In which year of the Republic of India was the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 enacted?

It was enacted in the Sixty-second year of the Republic of India.

CHAPTER-I

PRELIMINARY

What is the short title of the Act under Section 1(1) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The Act may be called the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011.

To which area does the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 extend under Section 1(2)?

It extends to the whole of the State of Madhya Pradesh.

When does the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 come into force under Section 1(3)?

It shall come into force on such date as the State Government may appoint by notification.

Who appoints the date of commencement of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The State Government appoints the date of commencement by notification.

What does section 2 deals with?

Definitions

What is meant by "Act" under Section 2(1)(a) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

"Act" means the Prevention of Corruption Act, 1988 (49 of 1988).

What is meant by "authorised officer" under Section 2(1)(b) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

"Authorised officer" means any serving officer belonging to Higher Judicial Service who is or has been a Sessions Judge or Additional Sessions Judge for the purpose of Section 14.

What is meant by "Code" under Section 2(1)(c) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

"Code" means the Code of Criminal Procedure, 1973 (2 of 1974).

What is meant by "declaration" under Section 2(1)(d) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

"Declaration" means a declaration made under Section 5 in respect of an offence.

What is meant by "offence" under Section 2(1)(e) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

"Offence" means an offence of criminal misconduct attracting Section 13(1)(e) of the Prevention of Corruption Act, 1988, either independently or with any other provision of that Act or the Indian Penal Code, 1860.

What is meant by "Special Court" under Section 2(1)(f) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

"Special Court" means a Special Court established under Section 3.

What is the meaning of words and expressions not defined in this Act under Section 2(2) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

Words and expressions not defined in this Act but defined in the Code or the Prevention of Corruption Act shall have the meanings assigned to them in those Acts.

CHAPTER-II

ESTABLISHMENT OF SPECIAL COURTS

What does Section 3 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 deal with?

Section 3 deals with the establishment of Special Courts.

For what purpose are Special Courts established under Section 3(1) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

Special Courts are established for the speedy trial of offences.

Who establishes Special Courts under Section 3(1) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The State Government establishes Special Courts by notification.

How many Special Courts may be established under Section 3(1) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The State Government may establish as many Special Courts as it considers adequate.

Who presides over a Special Court under Section 3(2) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

A Special Court is presided over by a Judge nominated by the State Government with the concurrence of the High Court.

What qualification is required for nomination as a Judge of a Special Court under Section 3(3) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The person must be a member of Higher Judicial Service and must be or have been a Sessions Judge or Additional Sessions Judge in the State.

What does Section 4 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 deal with?

Section 4 deals with cognizance of cases by Special Courts.

What cases can a Special Court take cognizance of under Section 4 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

A Special Court shall take cognizance of and try cases instituted before it or transferred to it under Section 10.

What does Section 5 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 deal with?

Section 5 deals with declaration of cases to be dealt with under this Act.

When may the State Government make a declaration under Section 5(1) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

When on the basis of prima facie evidence it has reason to believe that a person holding or having held public office has committed an offence under the Prevention of Corruption Act.

Who can be the subject of declaration under Section 5(1) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

A person who has held or is holding public office and is or has been a public servant under Section 2(c) of the Prevention of Corruption Act.

What is the basis for issuing a declaration under Section 5(1) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The declaration is based on prima facie evidence regarding the commission of an offence.

Can the declaration made under Section 5(2) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 be challenged in court?

No, such declaration shall not be called in question in any court.

What does Section 6 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 deal with?

Section 6 deals with the effect of declaration.

Where shall prosecution be instituted after a declaration under Section 6(1) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

Prosecution in respect of the offence shall be instituted only in a Special Court.

What is the effect of declaration on existing prosecutions under Section 6(2) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

If prosecution is already pending in a court other than a Special Court, the proceedings shall stand transferred to the Special Court for trial.

What does Section 7 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 deal with?

Section 7 deals with the jurisdiction of Special Court as to trial of offences.

Who can be tried by the Special Court under Section 7 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

Any person alleged to have committed the offence in respect of which a declaration has been made under Section 5.

In what capacities can a person be tried by the Special Court under Section 7 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

A person may be tried as a principal, conspirator or abettor.

Can multiple accused be tried together under Section 7 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

Yes, all such persons can be jointly tried at one trial in accordance with the Code of Criminal Procedure.

What does Section 8 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 deal with?

Section 8 deals with the procedure and powers of Special Courts.

What procedure is followed by the Special Court under Section 8(1) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The Special Court follows the procedure prescribed by the Code of Criminal Procedure for the trial of warrant cases before a Magistrate.

Which laws apply to proceedings before a Special Court under Section 8(2) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The provisions of the Code of Criminal Procedure and the Prevention of Corruption Act apply so far as they are not inconsistent with this Act.

Who is deemed to be the Public Prosecutor in proceedings before a Special Court under Section 8(2) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The person conducting prosecution before a Special Court is deemed to be a Public Prosecutor.

What sentencing power does the Special Court have under Section 8(3) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The Special Court may pass any sentence authorized by law for the punishment of the offence of which the person is convicted.

What does Section 9 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 deal with?

Section 9 deals with appeal against orders of Special Courts.

To which court does an appeal lie from the judgment and sentence of a Special Court under Section 9(1) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

An appeal lies to the High Court on both facts and law.

Are appeals or revisions allowed from orders of Special Courts other than as provided in Section 9(1) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

No appeal or revision shall lie in any court from any judgment, sentence or order of a Special Court except as provided in this section.

Within what time must an appeal be filed under Section 9(3) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The appeal must be preferred within thirty days from the date of judgment and sentence of the Special Court.

Can the High Court admit an appeal after thirty days under Section 9(3) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

Yes, if satisfied that the appellant had sufficient cause for not filing the appeal within the prescribed period.

What does Section 10 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 deal with?

Section 10 deals with transfer of cases.

Who has the power to transfer cases between Special Courts under Section 10 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The High Court has the power to transfer cases from one Special Court to another.

What does Section 11 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 deal with?

Section 11 deals with adjournment and speedy disposal of trials by Special Courts.

When can a Special Court adjourn a trial under Section 11(1) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

A Special Court may adjourn a trial only when it considers it necessary in the interest of justice and must record reasons in writing.

What is the time objective for disposal of cases under Section 11(2) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The Special Court shall endeavour to dispose of the trial within one year from the date of its institution or transfer.

What does Section 12 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 deal with?

Section 12 deals with the power of the Presiding Judge to act on evidence recorded by his predecessor.

Can the Presiding Judge act on evidence recorded by a predecessor under Section 12 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

Yes, the Judge of a Special Court may act on evidence recorded by his predecessor or predecessors.

Can the Presiding Judge rely on evidence partly recorded by his predecessor and partly by himself under Section 12 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

Yes, the Judge may act on evidence partly recorded by his predecessor and partly recorded by himself.

CHAPTER-III

CONFISCATION OF PROPERTY

What does Section 13 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 deal with?

Section 13 deals with confiscation of property.

When may the State Government initiate confiscation proceedings under Section 13(1) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

When on the basis of prima facie evidence it has reason to believe that a public servant has committed the offence and procured property by means of that offence.

Can confiscation proceedings be initiated before the Special Court takes cognizance under Section 13(1) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

Yes, the State Government may authorize the Public Prosecutor to apply for confiscation whether or not the Special Court has taken cognizance of the offence.

To whom is the application for confiscation made under Section 13(1) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The application is made by the Public Prosecutor to the Authorized Officer.

What must accompany an application for confiscation under Section 13(2)(a) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The application must be accompanied by one or more affidavits stating the grounds of belief and the amount of money and estimated value of property procured by the offence.

What additional information must be included in the confiscation application under Section 13(2)(b) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

It must include information regarding the location of such money and property and any other relevant particulars.

What does Section 14 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 deal with?

Section 14 deals with notice for confiscation.

What must the Authorized Officer do upon receiving an application under Section 13 according to Section 14(1) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The Authorized Officer shall serve a notice to the person affected asking him to explain the source of his income, earnings or assets.

What time is given to the person affected to respond to the notice under Section 14(1) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The time specified shall ordinarily not be less than thirty days.

What must the person affected show in response to the notice under Section 14(1) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

He must indicate the source of income or assets, provide evidence and information, and show cause why the property should not be confiscated.

What must be done if the property mentioned in the notice is held by another person under Section 14(2) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

A copy of the notice shall also be served upon such other person.

Can evidence or information presented before the Authorized Officer be challenged in the Special Court under Section 14(3) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

Yes, such evidence may be rebutted in the trial before the Special Court for determination of guilt.

What does Section 15 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 deal with?

Section 15 deals with confiscation of property in certain cases.

What must the Authorized Officer do after considering the explanation under Section 15(1) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The Authorized Officer shall record a finding whether the money or property has been acquired illegally after giving the person affected a reasonable opportunity of being heard.

Who must be given an opportunity of being heard under Section 15(1) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The person affected and any other person through whom such property is held must be given a reasonable opportunity of being heard.

What can the Authorized Officer do if the illegally acquired property cannot be specifically identified under Section 15(2) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The Authorized Officer may specify the money or property which, to the best of his judgment, appears to have been acquired by means of the offence.

What happens when the Authorized Officer finds that property has been acquired by means of the offence under Section 15(3) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

Such money or property shall be declared confiscated to the State Government free from all encumbrances.

What exception is provided to confiscation under Section 15 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

If the market price of the property is deposited with the Authorized Officer, the property shall not be confiscated.

What happens when shares of a company are confiscated under Section 15(4) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The company shall register the State Government as the transferee of such shares notwithstanding the Companies Act, 1956 or its Articles of Association.

Within what time must confiscation proceedings be completed under Section 15(5) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

Proceedings must be disposed of within six months from the date of service of notice.

What is the finality of confiscation orders under Section 15(6) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The confiscation order is final subject to appeal under Section 17 and cannot be questioned in any court of law.

What does Section 16 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 deal with?

Section 16 deals with transfer of property being null and void.

What is the effect of transfer of property after notice under Section 14 according to Section 16 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

Any transfer of money or property after the issue of notice under Section 14 shall be void for the purposes of proceedings under this Act.

What happens if such transferred property is later confiscated under Section 15 according to Section 16 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The transfer of such money or property shall be deemed to be null and void.

What does Section 17 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 deal with?

Section 17 deals with appeal against orders of the Authorized Officer.

Who may file an appeal under Section 17(1) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

Any person aggrieved by an order of the Authorized Officer may file an appeal.

To which court does an appeal lie under Section 17(1) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The appeal lies to the High Court.

Within what time must an appeal be filed under Section 17(1) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The appeal must be filed within thirty days from the date of the order.

What power does the High Court have while deciding an appeal under Section 17(2) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The High Court may pass such order as it thinks fit after giving the parties an opportunity of being heard.

Within what time should an appeal be disposed of under Section 17(3) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The appeal should preferably be disposed of within six months from the date it is preferred.

What is the validity of stay orders in appeal under Section 17(3) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

Any stay order shall not remain in force beyond the prescribed period for disposal of the appeal.

What does Section 18 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 deal with?

Section 18 deals with the power to take possession of confiscated property.

What order may the Authorized Officer pass after confiscation under Section 18(1) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The Authorized Officer may order the person affected or any person in possession to surrender or deliver possession of the confiscated property within thirty days.

What relaxation may be granted by the Authorized Officer under the proviso to Section 18(1) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The person affected residing in the property may be allowed to occupy it for a limited period on payment of market rent to the State Government.

What happens if a person refuses to comply with the order under Section 18(2) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The Authorized Officer may take possession of the property using necessary force.

Can the Authorized Officer seek police assistance under Section 18(3) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

Yes, the Authorized Officer may requisition the services of a police officer to assist in taking possession.

What duty does the police officer have under Section 18(3) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The police officer is bound to comply with the requisition made by the Authorized Officer.

What does Section 19 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 deal with?

Section 19 deals with refund of confiscated money or property.

When shall confiscated money or property be returned under Section 19 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

When the confiscation order is modified or annulled by the High Court in appeal or when the person affected is acquitted by the Special Court.

What happens if the confiscated property cannot be returned under Section 19 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The person shall be paid the price of the property including the confiscated money with interest.

What is the rate of interest payable under Section 19 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

Interest shall be paid at the rate of five percent per annum from the date of confiscation.

CHAPTER-IV

MISCELLANEOUS

What does Section 20 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 deal with?

Section 20 deals with validity of notice or order despite error in description.

When will a notice, declaration or order not be considered invalid under Section 20 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

It will not be invalid merely due to an error in the description of the property or person.

What condition must be satisfied for validity under Section 20 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The property or person must still be identifiable from the description mentioned.

What does Section 21 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 deal with?

Section 21 deals with the Act being in addition to other laws.

Are the provisions of this Act in derogation of other laws under Section 21 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

No, the provisions of this Act are in addition to and not in derogation of any other law in force.

Does this Act exempt a public servant from other legal proceedings under Section 21 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

No, nothing in this Act exempts a public servant from any proceedings that may otherwise be instituted against him.

What does Section 22 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 deal with?

Section 22 deals with bar to other proceedings.

What restriction is imposed under Section 22 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

No suit or other legal proceeding shall be maintainable in any court regarding money or property ordered to be confiscated under Section 15.

What is the exception to the bar under Section 22 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The exception is the appeals provided under Sections 9 and 17 of the Act.

What does Section 23 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 deal with?

Section 23 deals with protection of action taken in good faith.

What protection is provided under Section 23 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

No suit, prosecution or other legal proceeding shall lie against any person for anything done or intended to be done in good faith under this Act.

What does Section 24 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 deal with?

Section 24 deals with the power to make rules.

What power is given to the State Government under Section 24(1) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The State Government may make rules by notification for carrying out the purposes of this Act.

What requirement is provided under Section 24(2) of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 regarding rules?

Every rule made under this Act shall be laid before the State Legislative Assembly.

What does Section 25 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 deal with?

Section 25 deals with the overriding effect of the Act.

What is the overriding provision under Section 25 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The provisions of this Act shall prevail in case of any inconsistency with this Act or any other law for the time being in force.

What does Section 26 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 deal with?

Section 26 deals with the power to remove difficulties.

What power is given to the State Government under Section 26 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The State Government may issue orders to remove any difficulty in giving effect to the provisions of the Act.

What condition must be followed while removing difficulties under Section 26 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

The order must not be inconsistent with the provisions of the Act.

What is the time limit for exercising the power to remove difficulties under Section 26 of the Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011?

No such order shall be made after the expiry of two years from the commencement of the Act.