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M.P. Uphar Vastu (Vidhi Viruddha Kabza) Adhiniyam, 1965

The M.P. Uphar Vastu (Vidhi Viruddha Kabza) Adhiniyam, 1965

(M.P. Act No. 32 of 1965)

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[Dated 8th October, 1965]

Received the assent of the Governor on the 8th October, 1965; assent first published in the "Madhya Pradesh Gazette" Extraordinary on the 28th October, 1965.

An Act to provide for the punishment of the offence of unlawful possession of gift goods supplied by certain relief organisations.

Be it enacted by the Madhya Pradesh Legislature in the Sixteenth Year of the Republic of India as follows :-

  1. Short title and extent.- (1) This Act may be called the Madhya Pradesh Uphar Vastu (Vidhi Viruddha Kabza) Adhiniyam, 1965.

(2) It extends to the whole of Madhya Pradesh.

  1. Definitions.- In this Act, unless the context otherwise requires,- (1) "gift goods"means any of the following goods, namely;-

(a) corn meal;

(b) milk powder;

(c) vegetable oil (Soya bean oil or sunflower seed oil);

supplied by way of gift, by any relief organisation to any State Government or the Central Government or to any other person on behalf of such Government and includes such other goods supplied likewise as the State Government may, by notification, declare to be gift goods;

(2) "relief organisation" means any organisation specified in the Schedule.

  1. Unlawful possession of gift goods.- If any person is found, or proved to have been in possession of gift goods reasonably suspected of being stolen or unlawfully obtained and contain satisfactorily account how he came by the same, he shall, on conviction, be punishable with imprisonment for a term which may extend to two years, or with fine or with both.
  2. Offences under the Act to be cognizable.- (1) Notwithstanding anything contained in the Code of Criminal Procedure 1898 (Central Act No. V of 1898), any offence under this Act shall be deemed to be cognizable offence within the meaning of that Code.

(2) No Court below that of a Magistrate of the First Class shall try any offence under this Act.

  1. Power to amend Schedule.- The State Government may, by notification, add any organisation to or omit any organisation from the Schedule; and on the publication of such notification, such organisation shall be deemed to be included in, or as the case may be, omitted from the Schedule.
  2. Notification to be placed before the Legislative Assembly.- Every notification issued under this Act shall be laid on the table of the Legislative Assembly and the provisions of Section 24-A of the Madhya Pradesh General Clauses Act, 1957 (No. 3 of 1958) shall apply to laying thereof as they apply to laying of rules.

The Schedule

[See Section 2 (2)]

  1. United Nations International Children Emergency Fund (UNICEF).
  2. Co-operative for American Relief Everywhere (CARE).
  3. Church World Service.
  4. Lutheran World Relief.
  5. Catholic Relief Service.