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.

In this Act, unless the context otherwise requires,- (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 of 1958), shall have the meanings respectively assigned to them in that Act.

(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”.

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.

(1) Any reference in any Act specified in the First Schedule to any authority not in existence 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 time being in force in any region of the State to any authority competent 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 constituted by or under any Act now extended to that region, have effect as if it were a reference to that new authority.

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.

Throughout the Act including preamble, short title and long title, for 'Scheduled Tribes' wherever occurring substitute 'Aboriginal Tribes'. Section 1.- For sub-section (2), substitute- '(2) It extends to the whole of Madhya Pradesh.' Section 2.- (a) For clause (iii), substitute the following, namely:- '(iii) 'Aboriginal Tribes' means the tribes declared by the State Government as Aboriginal Tribes under sub-section (6) of Section 165 of the Madhya Pradesh Land Revenue Code, 1959 (20 of 1959)'. (b) In clause (v), for '1954' substitute '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 subsisting on the date of the commencement of this Act' substitute '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 subsisting on the date of the commencement of the said Act'. Section 5.- In sub-section (1), for 'Sections 162 and 163 of the Madhya Pradesh Land Revenue Code, 1954 (II of 1954)' substitute 'Sections 179 and 180 of the Madhya Pradesh Land Revenue Code, 1959 (20 of 1959).' Section 6.- For '1954' substitute '1959'. Section 7.- In sub-section (I), for '1954' substitute '1959'.

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 force 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.'

Throughout the Act, for 'leper home' substitute 'leper asylum' and for 'home' substitute 'leper asylum.' Section 1.- For sub-sections (2), (3) and (4), 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 on the commencement of the said Act in the areas in which any corresponding law immediately before such commencement was in force and in any other areas it 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' substitute 'declared'. Section 3.- For 'local areas' substitute 'areas'. Section 6.- In sub-section (1), for 'local area' substitute 'area'. Section 8.- In second proviso to sub-section (1) for 'such friend or relative, requiring him' substitute 'such friend or relative or institution requiring him or it,' Schedule.- For 'Madhya Bharat' wherever they occur substitute 'Madhya Pradesh.'