248. [ Penalty for unauthorisedly taking possession of land. [Substituted by M.P. Act No. 15 of 1971.]
(1)Any person who unauthorisedly takes or remains in possession of any unoccupied land, abadi, service land or any other which has been set apart for any special purpose under Section 237 [or upon any land which is the property of Government, or any authority, body corporate, or institution constituted or established under any State enactment,] may be summarily ejected by order of the Tahsildar and any crop which may be standing on the land and any building or other work which he may have constructed thereon, if not removed by him within such time as the Tahsildar may fix shall be liable to forfeiture. Any property so forfeited shall be disposed of as the Tahsildar may direct and the cost of removal of any crop, building or other work and of all works necessary, to restore the land to its original condition shall be recoverable as an arrear of land revenue from him. Such person shall also be liable at the discretion of the Tahsildar [to a fine with may extend to one lakh rupees] [Substituted 'to pay the rent of the land for the period of unauthorised occupation at twice the rate admissible for such land in locality and to a fine which may extend to [five thousand] rupees' by M.P. Act No. 23 of 2018] and to a further fine which may extend to twenty rupees for every day on which such unauthorised occupation or possession continues after the date of first ejectment. The Tahsildar may apply the whole or any part of the fine to compensate persons, who may in his opinion have suffered loss or injury from the encroachment :]Provided that the Tahsildar shall not exercise the powers conferred by this sub-section in regard to encroachment made by buildings or works constructed-(i)in the Mahakoshal region-(a)in areas other than the merged States before the first day of September, 1917;(b)in the merged States, before the third day of April, 1950;(ii)in the Madhya Bharat region, before the fifteenth day of August, 1950;(iii)in the Vindhya Pradesh region, before the first day of April, 1955;(iv)in the Bhopal region, before the eighth day of November, 1933; and(v)in the Sironj region, before the first day of July, 1958.Explanation.-For the purposes of this sub-section "Merged States" shall have the meaning assigned to it in the Madhya Pradesh Merged States Laws (State) Act, 1950 (XII of 1950).[(1-A) On a resolution duly passed by the Gram Panchayat in respect of any unauthorised possession, the Tahsildar shall start and complete the proceedings under this section within thirty days from the date of receipt of the information of such resolution and shall communicate the action taken by him to the Gram Panchayat.] [Inserted by M.P. Act No. 7 of 2000 (w.e.f. 15-3-2000).](2)It shall not be competent to the Thhsildar to impose a fine of amount exceeding [one thousand five hundred] [Substituted by M.P. Act No. 44 of 1974.] rupees but if in any case he considers that circumstances of the case warrant imposition of a higher fine, he may refer the case to the Sub-Divisional Officer who shall, then, after giving the party concerned an opportunity of being heard, pass such orders in respect of line as he may deem fit.[(2-A) If any person continues in unauthorised occupation or possession of land for more than seven days after the date of order of ejectment under sub-section (1), then without prejudice to the fine that may be imposed thereunder the Sub-Divisional Officer shall cause him to be apprehended and shall send him with a warrant to be confined in a civil prison for a period of fifteen days in case of first ejectment and three months in case of second or subsequent ejectment :Provided that no action under this sub-section shall be taken-(i)unless a notice is issued calling upon such person to appear before the Sub-Divisional Officer on a day to be specified in the notice and to show cause why he should not be committed to the civil prison;(ii)in respect of encroachments on Government and Nazul lands for the settlement of which the Government have issued orders from time-to-time :Provided further that the Sub-Divisional Officer may order the release of such person from detention before the expiry of the period mentioned in the warrant if he is satisfied that the unauthorised possession has been vacated :Provided also that no woman shall be arrested or detained under this sub-section.(2-B) The State Government may make rules for the purpose of carrying into effect the provisions of sub-section (2-A).] [Inserted by M.P. Act No. 12 of 1976.](3)[***] [Omitted by M.P. Act No. 7 of 2000 (w.e.f. 15-3-2000).](4)[***] [Omitted by M.P. Act No. 12 of 1976.]
