The Madhya Pradesh Second Extension of Laws Act 1961

THE MADHYA PRADESH SECOND EXTENSION OF LAWS ACT, 1961 [Act No. XL. of 1961] [08th December, 1961] CONTENTS Sections: 1. Short t i t le and commencement 2. Definit ions 3. Extension and amendment of certain Acts 4. Construction of references to laws not in force in any region 5. Construction of references to authorit ies 6. Repeal 7. Power to remove difficult ies FIRST SCHEDULE SECOND SCHEDULE 2 THE MADHYA PRADESH SECOND EXTENSION OF LAWS ACT, 1961 [Act No. XL. of 1961] [08th December, 1961] An Act to provide for the extension of certain laws in force in some of the regions of Madhya Pradesh to the other regions thereof Be i t enacted by the Madhya Pradesh Legislature in the Twelfth Year of the Republic of India as follows 1. Short tit le and commencement.-(1) This Act may be called the Madhya Pradesh Second Extension of Laws Act, 1961. (2) It shall come into force on such date as the State Government may, by notification, appoint. 2. Definitions. - In this Act, unless the context otherwise requi res, - (a) “Appointed day” means the date appointed under sub -section (2) of Section 1 for the coming into force of this Act; (b) words and expressions used but not defined in this Act and defined in the Madhya Pradesh Extension of Laws Act, 1958 (No. 23 o f 1958), shall have the meanings respectively assigned to them in that Act. 3. Extension and amendment of certain Acts . -(1) The Acts specified in Part A of the First Schedule and as in force in the Mahakoshal region immediately before the appointed day, ar e, as from the appointed day, hereby extended to all other regions of the State. (2) The Acts specified in Part B of the First Schedule and as in force in the Madhya Bharat region immediately before the appointed day, are as from the appointed day, hereby extended to all other regions of the State. (3) The Acts extended by sub -sections (1) and (2) shall in their application to the whole of Madhya Pradesh, be amended in the manner and to the extent specified in the First Schedule. (4) The Acts extended by sub-sections (1) and (2) shall , unless otherwise expressly provided therein, come into force in any or all regions, as the case may be, from the appointed day. (5) Without prejudice to the provisions of sub -section (3) wherever in the long t i t le, preamble or short t i t le of any of the Acts extended by sub -section (1) or sub-section (2), any of the expressions Central Provinces and Berar” or ‘Madhya Bharat” occurs there shall be substi tuted there for the expression “Madhya Pradesh. 3 4. Construction of references to laws not in force in any region. -Any reference in any Act specified in the First Schedule to a law which is not in force in any region of the State shall , in relation to that region, be construed as a reference to the corresponding law, if any, in force in that region. 5. Construction of references to authorities. -(1) Any reference in any Act specified in the First Schedule to any authority not in exis tence in any other region of the State shall , in relation to that region, have reference to such authority as the State Government may, by notification, specify as the corresponding authority. (2) Any reference, by whatever form of words, in any law for the t ime being in force in any region of the State to any authority compet ent at the date of the passing of that law to exercise any powers or discharge any functions in that region shall , where a corresponding new authority has been consti tuted by or under any Act now extended to that region, have effect as if i t were a reference to that new authority. 6. Repeal.-On and from the appointed day, the enactments specified in the Second Schedule shall stand repealed. 7. Power to remove diff iculties .-(1) If in consequence of anything contained in this Act, any difficulty arises in giving effect to the prov isions of any Act specified in the First Schedule, the State Government may, by order notified in the Gazette, make such provisions or give such directions as appear to be necessary for the removal of the difficulty. (2) In particular, and without prejudi ce to the generali ty of the foregoing power, any such notified order may- (a) specify the corresponding authorit ies within the meaning of Section 5; (b) provide for the transfer of any matter pending before any Court , Tribunal or other authority immediate ly before the appointed day, to any corresponding Court , Tribunal or other authority for disposal; (c) specify the areas or circumstances in which, or the extent to which or the conditions subject to which, anything done or any action taken under any enactment repealed by that section shall be recognised or given effect to under the corresponding provision of the Act as now extended. 4 THE FIRST SCHEDULE PART A [See sub-section (1) of Section 3] 1. The Interest Act, 1839 (No. XXXII of 1839) 2. The Indian Treasure Trove Act, 1878 (No. VI of 1878) Section 1. After “Part B States” add “other than the Madhya. Bharat and Sironj regions of the State of Madhya Pradesh’. Section 4. Omit ‘exceeding in amount or value ten rupees.” 3. The Prisons Act, 1894 (No. IX of 1894) Preamble,- After “Part B States” insert “other than the Madhya Bharat and Sironj regions of the State of Madhya Pradesh.” Section 1.- (a) In sub-section (2), after “Part B States” insert “other than the Madhya Bharat and Sironj regions of the S tate of Madhya Pradesh.” (b) Omit sub-section (4). Section 6.- In the proviso, for “the State Government of Bombay” substi tute “the State Government of Madhya Pradesh”. After Section 39, inser t the following, namely: - “39-A. Power of Superintendent to s end a prisoner to hospital or asylum for special treatment. -(1) The Superintendent may, if in his opinion, a prisoner requires special treatment in a hospital outside the prison or in any asylum as defined in the Indian Lunacy Act, 1912 (4 of 1912), send h im or cause him to be sent to such hospital or asylum, subject to the prisoner or any relative or friend of the prisoner executing such bond and abiding by such other conditions, if any, as the State Government may prescribe. (2) The period spent by the prisoner for such treatment in the hospital or asylum or in going thereto or returning there from shall be deemed to be part of the period of his detention in the prison. Explanation 1. -Nothing contained in this section shall be deemed to effect the operat ion of Section 30 of the Prisoners Act, 1900 (3 of 1900), in cases to which that section applies. Explanation II . - In this section, ‘prisoner’ means a convicted cr iminal prisoner. 39-B. Punishment for escape or attempt to escape from hospital or asylum. -(1) If any prisoner dealt with under Section 39 -A escapes or at tempts to escape from the hospital or asylum to which he has been sent or when going thereto returning there from, he shall be punished 5 with imprisonment for a term which may extend to two years , or with fine, or with both. (2) Such punishment shall be in addit ion to the punishment for which the prisoner was l iable for the offence of which he was already convicted. 39-C. Provisions applicable to bonds referred to in Section 39-A.-The provisions of Chapter XLII of the Code of Criminal Procedure, 1898 (V of 1898), shall , so far as may be, apply to the bonds referred to in Section 39 -A.” Section 44.- For “the Vernacular”, subst i tute “Hindi in Devnagari script .” Section 46.- Omit clause (12) and in the proviso omit “or to whipping’. Section 47.- In sub-section (1), omit “clause (4)”. Section 52.- (a) Omit “the District Magistrate or of’ and “or Presidency Magistrate”. (b) Omit both the provisos. Section 53.- Omit. Section 54.- Omit sub-section (2). Section 61.- For “both in English and in the Vernacular, in some place to which all persons employed within a prison have access” substi tute “both in English and in Hindi in Devnagari script , in some conspicuous place and to which all persons employed within a prison have access.” 4. The Identification of Prisoners Act, 1920 (No. XXXIII of 1920) Section 1 . -In sub-sect ion (2), after “Part B States” add “other than the Madhya Bharat and Sironj regions of the State of Madhya Pradesh.” Section 2. - In clause (a), for “finger impressions,” substi tute “finger impressions, palm impressions.” 5. The Police (Incitement to Disaffection ) Act, 1922 (No. XXII of 1922) Section 1.- (a) In sub-section (2), after “Part B States” add “other than the Madhya Bharat and Sironj regions of the State of Madhya Pradesh”. (b) For sub-section (3) , substi tute the following, namely :- “(3) It shall be in force in all such areas in Madhya Pradesh in which in was in force immediately before the commencement of the Madhya Prades h Second Extension of Laws Act, 1961 (40 of 1961), and shall come into force in other areas on such date as the State Government may, by notification, appoint.” 6 6. Central Provinces and Berar Village Sanitation and Public Management Act , 1920 (No. II of 1920) Throughout the Act, unless otherwise expressly provided, for “local area”, or “local areas” substi tute “area” or “areas”, respectively. Section 1. - For sub-sections “(2) and (3) substi tute the following, namely:- “(2) It extends to the whole of Madh ya Pradesh, but shall be in operation only in such areas in which i t was in operation immediately before the commencement of the Madhya Pradesh Second Extension of Laws Act, 1961 (40 of 1961), and shall have operation in other areas as may be notified by the State Government in this behalf under Section 2.” After Section 1, insert the following, namely :- 1-A. Definition.- In this Act, ‘Patel’ means the Patel appointed under Section 222 of the Madhya Pradesh Land Revenue Code, 1959 (20 of 1959),” Section 2.- For sub-section (1), substi tute the following, namely “(1) If the sanitary or other public requirements, - (a) of a vil lage, or (b) of a group of two or more vil lages having inhabited si tes adjacent to one another , containing not less than five hundred inhabited houses and not being wholly or part ly within the l imits of a Municipal Corporation, a Municipali ty or of a notified area consti tuted under a law for the t ime being in force for the organisation and administration of municipal corporations or mun icipali t ies, as the case may be, are such that , in the opinion of the Collector of the district in which the vil lage or group of vi l lages in si tuate, special arrangements are necessary to meet such requirements, the Collector, of his own motion or on appli cation made to him in this behalf by a Patel and ten or more other inhabitants of the area, may, by notice in writ ing published in such manner as may be prescribed, declare that the area is in need of special arrangements for i ts management’ Section 3 . - For “mukaddam or mukaddam-gumashta or a working patel’’ substi tute “Patel”. Section 9-A.- In clauses (b) and (c) of sub -section (2) for “district Council” substi tute “Zila Panchayat.” Section 10.- (1) In clause (b) of sub-section (2),— (a) for ‘Janapada authority’ substi tute “Janapada Panchayat”; 7 (b) in the first proviso, for “Central Provinces and Berar Panchayats Act, 1946 (I of 1947)” substi tute “a law for the t ime being in force relating to the consti tution and organisation of Panchayats”; (c) in the second proviso, - ( i) for ‘Janapada authority” occurring twice, substi tute “Janapada Panchayat”; ( i i) for “the Central Provinces and Berar Loc al Government Act , 1948 (XXX of 1948) or the Central Provinces and Berar Panchayats Act, 1946 (I of 1947)” “substi tute” “a law for the t ime being in force relating to the consti tution and organisation of Panchayats”. (2) In clause (c) of sub -section (2), for “Janapada authority’ substi tute “Janapada Panchayat”. Section 11 . - (a) In sub-section (1), - ( i) for “the district Council or local board under Section 9 of the Central Provinces Local Self -Government Act, 1883 (I of 1883)” substi tute “Zila or Janapada Panchayat consti tuted under the law for the t ime being in force relating to the consti tution and organisation of Panchayats”. ( i i) for “district Council or local board” substi tute “Zila Panchayat or Janapada Panchayat.” (b) In sub-section (2) for “district Council” and “Council” substi tute “Zila Panchayat”. 7. The Madhya Pradesh Local Bodies Services Commissi on Act, 1950 (XXXVII of 1950) Section 1.- For sub-section (2), substi tute - “(2) It extends to and shall be in force in the whole of Madhya Pradesh”. Section 2.- For “the Ci ty of Jabalpur Corporation, a Janapada authority, a Municipal Committee” substi tut e “a Municipal Corporation, a Municipal Council , a Zila Panchayat , a Janapada Panchayat”. Section 4.- For “Mahakoshal region” substi tute “State”. Sections 7 and 8. - Omit, 8. The Madhya Pradesh Protection of Scheduled Tribes (Interest in Trees) Act, 1956 (No. 11 of 1956) Throughout the Act including preamble, short t i t le and long t i t le, for “Scheduled Tribes” wherever occurring substi tute “Aboriginal Tribes”. Section 1 . - For sub-section (2), substi tute - 8 “(2) It extends to the whole of Madhya Pradesh.” Section 2.- (a) For clause (i i i) , substi tute the following, namely :- “(i i i) ‘Aboriginal Tribes’ means the tr ibes declared by the State Government as Aboriginal Tribes under sub -section (6) of Section 165 of the Madhya Pradesh Land Revenue Code, 1959 (20 o f 1959)”. (b) In clause (v), for “1954” substi tute “1959”. Section 4.- In sub-section (1), for “prior to the commencement of this Act but after the 31st day of March 1951, may, if the contract is subsist ing on the date of the commencement of this Act” su bsti tute “prior to the commencement of the Madhya Pradesh Second Extension of Laws Act, 1961 (40 of 1961), but after the 2nd day of October, 1959, may, if the contract is subsist ing on the date of the commencement of the said Act”. Section 5.- In sub-sect ion (1), for “Sections 162 and 163 of the Madhya Pradesh Land Revenue Code, 1954 (II of 1954)” substi tute “Sect ions 179 and 180 of the Madhya Pradesh Land Revenue Code, 1959 (20 of 1959).” Section 6. - For “1954” substi tute “1959”. Section 7. - In sub-section (I) , for “1954” substi tute “1959”. PART B [See sub-section (2) of Section 3] 9. The Madhya Bharat Municipal Refuse (Conversion into Manure) Act, Samvat 2007 (No. 57 of 1950) Throughout the Act, for ‘municipali ty’ wherever occurs substi tute “municipal corporation or municipali ty’. Section 1 . - For sub-sections (2), (3) and (4) substi tute the fol lowing namely:- “(2) It extends to the whole of Madhya Pradesh.” (3) It shall apply to al l such municipal corporations and municipali t ies in Madhya Pradesh to which i t has been applied immediately before the commencement of the Madhya Pradesh Second Extension of Laws Act, 1961 (40 of 1961), and shall apply on the commencement of the said Act to the municipali t ies to which any enactment repealed by Section 6 of the said Act was applicable and may be applied to any other municipal corporations or municipali t ies, or such date as the State Government may, by notification, appoint and different dates may be appointed for different municipal corporations or municipali t ies.’ Section 2. - (a) For clause (1) substi tute the following, namely: - 9 “(1) ‘Municipali ty’ means a municipali ty consti tuted under a municipal law; (1-a) ‘Municipal Corporation’ means a Municipal Corporation consti tuted under a municipal law, (1-b) ‘Municipal law’ means a law for the t ime being in force for the organisation and administration of municipal corporations or municipali t ies or notified areas in the State, as the case may be;” (b) Omit clause (3). Section 3. - For “Municipal Act” substi tute “ Municipal law’. 10. The Madhya Bharat Control of Music and Noises Act, Samvat 2008 (No. 14 of 1951) Section 1 . - For sub-sections (2) and (3), substi tute the following, namely : - “(2) It extends to the whole of Madhya Pradesh.” (3) It shall be in force in all such areas of Madhya Pradesh in which i t was in force immediately before the commencement of the Madhya Pradesh Second Extension of Laws Act, 1961 (40 of 1961), and shall come into force in such other areas and on such dates as the State Government may, by notification, appoint and different dates may be appointed for different areas.” Section 2. - Omit clause (a). Section 5. - Omit “(Suba)”. 11. The Madhya Bharat Prisoners’ Release on Probation Act, 1954 (No. 15 of 1954) Section 1 . - For sub-sections (2) and (3), substi tute the following, namely:- “(2) i t extends to the whole of Madhya Pradesh.” (3) It shall be in force in all such areas of Madhya Pradesh in which i t was in force immediately before the commencement of the Madhya Pradesh Second Extension of Laws Act, 1961 (40 of 1961), and shall come into force in such other areas and on such dates as the State Government may, by notification, appoint.” Section 7. - In sub-sect ion (2), for sub-section (i)” substi tute “sub -section (1)”, 10 12. The Madhya Bharat Nursing Homes Registration Act, 1954 (No. 28 of 1954) Section 1 . - For sub-sections (2) and (3), substi tute the following, namely:- “(2) It extends to the whole of Madhya Pradesh.” (3) It shall be in force in all such areas in which i t was in for ce immediately before the commencement of the Madhya Pradesh Second Extension of Laws Act, 1261 (40 of 1961), and shall come into force in other areas and on such date as the State Government may, by notification, appoint and different dates may be appoint ed for different areas.” Section 8.- (a) In sub-section (1) for ‘not less than one calendar Month’s notice” substi tute “a notice of not less than thirty days” and for “within a calendar month after the receipt of the not ice” substi tute “within a period of thirty days from the date of the receipt of the notice”. (2) In sub-section (3) for “within a calendar month after” substi tute “within a period of thirty days from”. (3) in sub-section (4) for “calendar month” substi tute “period of thirty days”. Section 13 . - For Section 13, substi tute the following, namely: - “13. Offences by Companies. -(1) Where an offence under this Act has been committed by a company, the company as well as every person in charge of , and responsible to the company for the conduct of i ts business at the t ime of the commission of the offence shall be deemed to be guil ty of the offence and shall be l iable to be proceeded against and punished accordingly: Provided that , nothing contained in this sub -section shall render any such person l iable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due dil igence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub -section (1) , where an offence under this Act has been committed by a company and i t is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is at tr ibutable to any neglect on the part of, any director , manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guil ty of that offence and shall be l iable to be proceeded against and punished accordingly. Explanation.- For the purposes of this section. - (a) ‘company’ means any body corporate and includes a firm or other association of individuals, and 11 (b) ‘director’ in relation to a firm is a partner in the firm.” 13. The Madhya Bharat Control of Lepers Act, 1955 (No. 14 of 1955) Throughout the Act, for ‘ leper home” substi tute “leper asylum” and for home” substi tute “leper asylum.” Section 1.- For sub-sections (2), (3) and (4), substi tute the following, namely:- “(2) It extends to the whole of Madhya Pradesh.” (3) It shall be in force in all such areas of Madhya Pradesh in which i t was in force immediately before the commencement of the Madhya Pradesh Second Extension of Laws Act, 1961 (40 of 1961), and shall come into force on the commencement of the said Act in the areas in which any corresponding law immediatel y before such commencement was in force and in any other areas i t shall come into force on such date as the State Government may, by notification, appoint and different dates may be appointed for different provisions of the Act .” Section 2.- In clause (3) , for ‘appointed” substi tute “declared”. Section 3.- For “local areas” substi tute “areas”. Section 6.- In sub-section (1), for “local area” substi tute “area”. Section 8.- In second proviso to sub -sect ion (1) for “such friend or relative, requiring him” substi tute “such friend or relative or insti tution requiring him or i t ,” Schedule.- For ‘Madhya Bharat” wherever they occur substi tute “Madhya Pradesh.” 12 THE SECOND SCHEDULE [See Section 6] The Madhya Bharat Interest Act, 1956 (No. 17 of 1956). The Madhya Bharat Treasure Trove Act, Samvat 2006 (No. 44 of 1949). The Rajasthan Adaptat ion of Central Laws Ordinance, 1950 (IV of 1950), in i ts application to the Sironj region so far as i t relates to - (1) The Interest Act, 1839 (XXXII of 1839). (2) The Indian Treasure Trove Act, 1878 (VI of 1878). (3) The Prisons Act, 1894 (IX of 1894). (4) The Lepers Act, 1898 (III of 1898). The Merged States (Laws) Act, 1949 (No. 59 of 1949), in i ts appl ication to the Vindhya Pradesh and Bhopal regions so far as i t relates to- (1) The Interest Act, 1839 (XXXII of 1839). (2) The Indian Treasure Trove Act, 1878 (VI of 1878). (3) The Prisons Act, 1894 (IX of 1894). (4) The Lepers Act, 1898 (III of 1898). (5) The Identification of Prisoners Act, 1920 (XXXIII of 19 20). (6) The Police ( Incitement to Disaffection) Act, 1922 (XXII of 1922). The Madhya Bharat Indian Prisons (Adoption) Act, Samvat 2006 (23 of 1950). The Madhya Bharat Identification of Prisoners Act, Samvat 2008 (15 of 1951). The Rajasthan Identificat ion of Prisoners Act, 1956 (12 of 1956). The Lepers Act, 1898 (No. III of 1898), in i ts application to Mahakoshal region. The Rajasthan refuse (Conversion into Manure) Act, 1951 (VI of 1951), in i ts application to Sironj region.