The Gujarat Obsequial Dinners (Control) Act, 1963

Short title, extent and commencement.

1. (1) This Act may be called the Gujarat Obsequial Dinners (Control) Act, 1963.
2. (2) It extends to the whole of the State of Gujarat.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Definitions. In this Act, unless the context otherwise requires,—

1. (1) "Dinner" means any feast, entertainment or gathering where eatables are served;
2. (2) "Household" means a group of persons residing together and having a common kitchen;
3. (3) "Obsequial Dinner" means any dinner given in connection with the death of a person;
4. (4) "Panchayat" means a gram panchayat or nagar panchayat constituted or deemed to be constituted under the Gujarat Panchayats Act, 1961.

Control of obsequial dinners.

1. (1) No person shall give an obsequial dinner in contravention of the provisions of this Act or any rules made thereunder.
2. (2) Subject to the provisions of this Act, the State Government may, by notification in the Official Gazette, make rules to prohibit, restrict or regulate the giving of obsequial dinners.
3. (3) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
   • (a) the maximum number of persons who may be invited to or entertained at an obsequial dinner;
   • (b) the maximum expenditure which may be incurred in connection with an obsequial dinner;
   • (c) the prohibition of the use of prohibited articles of food at an obsequial dinner;
   • (d) the procedure to be followed for the purpose of carrying out the provisions of this Act.

Penalty. Any person who contravenes any of the provisions of this Act or any rule made thereunder shall, on conviction, be punished with imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both:

Offences by whom cognizable Offences by whom cognizable.—

Jurisdiction to try offences Jurisdiction to try offences.—

1. (1) No court inferior to that of a Magistrate of the First Class shall try any offence punishable under this Act.
2. (2) No court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by—
   • (a) an officer of the State Government not below the rank of a Mamlatdar or Mahalkari or a Taluka Development Officer; or
   • (b) a person or a class of persons authorised in this behalf by the State Government by notification in the Official Gazette.

Power to make rules.

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing power, such rules may be made for all or any of the following matters, namely:—
   • (a) the number of persons that may be invited to or entertained at an obsequial dinner;
   • (b) the type of dishes or the standard of the meal that may be served at such dinner;
   • (c) any other matter which is to be, or may be, prescribed under this Act.
3. (3) The power to make rules conferred by this section shall be subject to the condition of previous publication.
4. (4) All rules made under this section shall be laid for not less than thirty days before the State Legislature as soon as may be after they are made and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following.

Repeal and savings.—(1) On the commencement of this Act, the Bombay Obsequial Dinners (Control) Act, 1959 (Bom. XLII of 1959), shall stand repealed:

Provided that the repeal shall not affect—

1. (a) the previous operation of any Act so repealed or anything duly done or suffered thereunder;
2. (b) any right, privilege, obligation or liability acquired, accrued or incurred under any Act so repealed;
3. (c) any penalty or punishment incurred in respect of any offence committed against any Act so repealed; or
4. (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty or punishment may be imposed as if this Act had not been passed.

1. (2) Subject to the provisions of sub-section (1), any action taken or thing done under the Act so repealed shall, so far as it is not inconsistent with the provisions of this Act, be deemed to have been taken or done under this Act and shall continue in force until superseded by anything done or any action taken under this Act.