Section 10 in Madhya Pradesh Vishesh Nyayalaya Niyam, 2012
10. Authorised officer to follow summary procedure.
(1)On receipt of application under Section 13 read with Section 14 of the Act, the authorised officer shall immediately issue notice to the person affected.(2)If the person affected responds to the notice and appears before the authorised officer either in person or through his legal representative, he shall be furnished with the copy of the application filed under Section 13 along-with all the enclosures. The authorised officer shall allow 30 days time to file his statement in defence. If for good and valid reasons, to the satisfaction of the authorised officer, the person affected does not file his statement of defence, he may allow a further period of 15 days within which he shall have to file his statement of defence.(3)If the person affected does not file his statement of defence within the prescribed period of 30 days or within extended period of 15 days, it shall be presumed that he has no defence to put forward and then the authorised officer shall be free to adjudicate the proceeding instituted before him.(4)If the person affected submits his statement in defence, a copy of the same shall be made available to the Special Public Prosecutor conducting the proceeding before the authorised officer who shall have the opportunity to reply to the same.(5)The Special Public Prosecutor shall have to reply within a maximum period of 15 days from service of statement of defence upon him.(6)If the Special Public Prosecutor fails to submit his reply within 15 days, the authorised officer may for good or valid reasons allow a further period of 15 days for filing the reply, failing which the authorised officer shall proceed to adjudicate the proceeding as if the prosecution has no reply to submit.(7)If the person affected proposes to contest the valuation of the property, the authorised officer may take assistance of such State Government agency or Central Government agency or any other officer or person technically qualified as he may deem fit and proper.(8)The authorised officer, after consideration of the application, statement of defence, reply of Special Public Prosecutor and report of experts, if any, shall adjudicate the proceeding and pronounce final verdict within a maximum period of 6 months from the date of the service of notice.(9)The authorised officer, after final adjudication, may proceed to confiscate the property in accordance with Section 15 of the Act.(10)The market price of the property confiscated is deposited with the authorized officer under the proviso to sub-section (3) of Section 15 of the Act, the same shall be deposited in a fixed deposit in any nationalized bank.(11)If the authorised officer pass an order to confiscate the money and property of the person affected, then the money shall be impounded and property shall be handed over to the District Magistrate of the District wherein the property is situated, and the District Magistrate may, as far as practicable, utilize the property in public interest under the directions of State Government, till the final decision of the case, and if the person affected is convicted of the offence by the trial court, the confiscated money and property shall be in possession of the State Government.
