The Madhya Pradesh Second Extension of Laws Act, 1961

[08th December, 1961] CONTENTS

Sections:

(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.

इस अधितनयम में जब तक प्रसȲग सȯ अन्यथा अपȯक्षित न हȪ- (क) ''तनयत ठर्दन'' सȯ तात्पयथ उस ठर्दनाȲक सȯ हȰ जȪ इस अधितनयम कȯ प्रिृत्त हȪनȯ कें शलए िारा 1 की उपिारा (2) कȯ अिीन तनयत ककया जाए; (ि) उन शब्र्दों तथा अशभव्यक्ततयों कȯ, जȪ इस अधितनयम में प्रयुतत हुई हȰ ककन्तु पररभावषत नहȲ की गई हȰ और जȪ मध्य प्रर्दȯश एतसटȯन्शन ऑफ लॉज ऐतट, 1958 (मध्य प्रर्दȯश विधि विस्तार अधितनयम, 1958) (क्रमाȲक 23 सन् 1958) में पररभावषत हȰ, िह अथ होंगȯ जȪ कक उनकȪ उस अधितनयम में क्रमश: ठर्दए गए हैं ।

(1) The Acts specified in Part A of the First Schedule and as in force in the Mahakoshal region immediately before the appointed day, are, 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 title, preamble or short title 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 substituted there for the expression “Madhya Pradesh”.

प्रथम अनुसूची में उक्ललखित ककसी अधितनयम में ककसी ऐसी विधि कȯ, जȪ कक राज्य कȯ ककसी भी िȯत्र में प्रिृत्त न हȪ, प्रतत ककसी तनर्देश का अथ उस िȯत्र कȯ सम्बन्ि में इस प्रकार ककया जाएगा मानȪ कक िह तनर्देंश उस िȯत्र में प्रिृत्त तत्स्थानीय विधि, यठर्द कȪई हȪ, कȯ प्रतत तनर्देश हȰ ।

(1) प्रथम अनुसूची में उक्ललखित ककसी अधितनयम में ककसी ऐसȯ प्राधिकारȯ कȯ जȪ कक राज्य कȯ ककसी अन्य िȯत्र में विद्यमान न हȪ, प्रतत कȪई तनर्देश उस िȯत्र कȯ सम्बन्ि में ऐसȯ प्राधिकारȯ कȯ प्रतत तनर्देश हȪगा क्जसȯ राज्य शासन अधिसूचना द्िारा तस्थानी प्राधिकारȯ उक्ललखित करȯ । (2) राज्य कȯ ककसी भी िȯत्र में तत्समय प्रिृत्त ककसी विधि में ककसी ऐसȯ प्राधिकारȯ कȯ, जȪ उस विधि कȯ पारित हȪनȯ कȯ ठर्दनाȲक कȪ उस िȯत्र में ककन्हȲ शक्ततयों का प्रयȪग करनȯ या ककन्हȲ कृत्यों का तनिथहन करनȯ में सिम रहा हȪ, प्रतत ककसी तनर्देश का, चाहȯ िह ककसी भी प्रकार कȯ शब्र्दों में हȪ, उस र्दशा में जब तक कक उस िȯत्र पर अब विस्ताररत ककयȯ गयȯ ककसी अधितनयम कȯ द्िारा या अिीन तत्स्थानी निीन प्राधिकारȯ गठित ककया गया हȪ, प्रभाि इस प्रकार हȪगा मानȪ कक िह उस निीन प्राधिकारȯ कȯ प्रतत तनर्देश हȪ ।

On and from the appointed day, the enactments specified in the Second Schedule shall stand repealed.

(1) If in consequence of anything contained in this Act, any difficulty arises in giving effect to the provisions 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 prejudice to the generality of the foregoing power, any such notified order may- (a) specify the corresponding authorities within the meaning of Section 5; (b) provide for the transfer of any matter pending before any Court, Tribunal or other authority immediately 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. Section 1.- For sub-section (2), substitute- “(2) It extends to and shall be in force in the whole of Madhya Pradesh”. Section 2.- For “the City of Jabalpur Corporation, a Janapada authority, a Municipal Committee” substitute “a Municipal Corporation, a Municipal Council, a Zila Panchayat, a Janapada Panchayat”. Section 4.- For “Mahakoshal region” substitute “State”. Sections 7 and 8.- Omit, Section 1. For sub-section (2), the following shall be substituted: '(2) It extends to the whole of Madhya Pradesh and shall be in force therein.'. Section 2. For the words 'this Act of Legislative Assembly, as Legislative Assembly, the enactment' the words 'the Madhya Pradesh Laws; the Legislative Assembly, the enactment and Extension of Laws Act' shall be substituted. Section 4. For the words 'State Government' the word 'State' shall be substituted. 7. and 8. be omitted.

Including the preamble, short title, and long title, in the entire Act, wherever the words 'Scheduled Tribes' appear, for the same, 'Scheduled Tribes' shall be substituted. Section 1. For sub-section (2), the following shall be substituted: '(2) It extends to the whole of Madhya Pradesh.'. Section 2. (a) For clause (3), the following shall be substituted, namely: '(3) Scheduled Tribes means such tribes as are declared to be Scheduled Tribes under sub-section (6) of section 165 of the Madhya Pradesh Land Revenue Code, 1959 (No. 20 of 1959).'. (b) In clause (5), for '1954' the '1959' shall be substituted. Section 4. In sub-section (1), for 'April to the commencement of this Act the 31st day of March, 1951, date of the constitutional at subsistence on the date of the commencement of this Act' the words 'April to the Madhya Pradesh Second Extension of Laws Act 1961, the 2nd day of October, 1959, date of the constitutional at subsistence on the date of the Second Act' shall be substituted. Section 5. In sub-section (1) for 'Sections 162 and 163 of the Madhya Pradesh Land Revenue Code, 1954' (No. 2 of 1954) for 'Sections 179 and 180 of the Madhya Pradesh Land Revenue Code, 1959' (No. 20 of 1959) shall be substituted. Section 6. For '1954' the '1959' shall be substituted. Section 7. In sub-section (1), for '1954' the '1959' shall be substituted.

In the whole Act, wherever 'Municipality' appears, for the same, 'Municipal Corporation or Municipality' shall be substituted. Section 1. For sub-sections (2), (3) and (4), the following shall be substituted, namely: '(2) Its extent shall be the whole of Madhya Pradesh. (3) It shall apply to all such Municipal Corporations and Municipalities in Madhya Pradesh as were in force immediately before the commencement of the Madhya Pradesh Second Extension of Laws Act, 1961 and on the commencement of the said Act, it shall apply to such Municipalities as were governed by any Act repealed by section 6 of the said Act and may be applied to other Municipal Corporations or Municipalities from such date as the State Government may, by notification, appoint and different dates may be appointed for different Municipal Corporations or Municipalities.'. Section 2. For clause (1), the following shall be substituted, namely: '(1) 'Municipality' means a Municipality constituted under a Municipal Law; (1-A) 'Municipal Corporation' means a Municipal Corporation constituted under a Municipal Law; (1-B) 'Municipal Law' means the law for the time being in force for the organization and administration of Municipal Corporations or Municipalities or notified areas, as the case may be.'. (b) Clause (3) shall be omitted. Section 3. For 'Municipal Act' the 'Municipal Law' shall be substituted.

Section 1.- For sub-sections (2) and (3), substitute 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 it 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)”.

Section 1.- For sub-sections (2) and (3), substitute 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 it 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-section (2), for sub-section (i)” substitute “sub-section (1)”.

Section 1.- For sub-sections (2) and (3), substitute the following, namely:- “(2) It extends to the whole of Madhya Pradesh.” (3) It shall be in force in all such areas in which it 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 appointed for different areas.” Section 8.- (a) In sub-section (1) for ‘not less than one calendar Month’s notice” substitute “a notice of not less than thirty days” and for “within a calendar month after the receipt of the notice” substitute “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” substitute “within a period of thirty days from”. (3) in sub-section (4) for “calendar month” substitute “period of thirty days”. Section 13.- For Section 13, substitute 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 its business at the time of the commission of the offence shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that, nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence 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 it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable 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 guilty of that offence and shall be liable 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 (b) ‘director’ in relation to a firm is a partner in the firm.”

In the whole Act, for 'Leprosy' the 'Leprosy Control' and for 'Disease' the 'Leprosy Control' shall be substituted (in English copy). Section 1. For sub-sections (2), (3) and (4), the following shall be substituted, namely: '(2) It extends to the whole of Madhya Pradesh. (3) It shall be in force in all such areas of Madhya Pradesh as were in force immediately before the commencement of the Madhya Pradesh Second Extension of Laws Act, 1961 and on the commencement of the said Act shall be in force in those areas where any local law was in force immediately before such commencement and shall be in force in other areas from such date as the State Government may, by notification, appoint and different dates may be appointed for different orders of the Act.'. Section 2. In clause (3), for 'Inspector' the 'Inspector' shall be substituted (in English copy). Section 3. For 'Local Area' the 'Area' shall be substituted. Section 6. In sub-section (1), for 'Local Area' the 'Area' shall be substituted. Section 8. In the second proviso to sub-section (1) for 'subject to local Government, regarding this' the 'subject to local Government on the Act regarding this' shall be substituted (in English copy). Appendix—Wherever the words 'Madhya Bharat' occur, for the same, 'Madhya Pradesh' shall be substituted.