Chapter IX Chapter IX

PROTECTION OF SOCIETY FROM CRIMINAL ACTIVITIES OF HIGH RISK PRISONERS AND HABITUAL OFFENDERS

Taking appropriate measures against criminal activities of prisoners.-

1. (1) It shall be the responsibility of the Directorate and the Police Department of the State to take all appropriate measures for protecting the society from the criminal activities of high risk prisoners and habitual offenders.
2. (2) Based on the details of the crime committed by the inmate, available background record and history ticket, inmates shall be suitably classified, assessed for their propensity and potential to negatively influence other inmates and be housed in separate barracks/cells, as may be prescribed under the rules.
3. (3) With a view to protect the society and the victims, high risk prisoners and habitual offenders shall not be entitled for parole, furlough or any kind of prison and correctional institution leave in the normal course.

Special provisions for security, intelligence gathering, surveillance and rotation of correctional services officials on duty.-

1. (1) The Superintendent shall ensure special watch and surveillance on those inmates who are prone to indulge in gang activities and intimidating witnesses.
2. (2) For ensuring dynamic security, preventing escapes, instances of disorder and criminal activity in prison and correctional institution, appropriate provision for intelligence gathering from prisoners, careful observation and monitoring of prisoners and analysis of the relevant information shall be done by the Superintendent in co-ordination with various intelligence agencies.
3. (3) The Superintendent shall ensure strong and effective measures for frisking, periodic search and detection of contrabands, mobile phones in the cells and barracks of high risk prisoners and deploy advanced jamming solutions in such areas including conduct of frequent surprise checks.
4. (4) The Superintendent shall ensure rotation of Correctional Services Officials deployed in barracks and cells, at periodic interval, as may be prescribed under the rules.
5. (5) The release of any inmate either on completion of sentence or otherwise shall be informed to the Superintendent of Police of the concerned district, who shall keep a watch on the activities of such prisoners.
6. (6) The District Administration shall fully secure the movement of the prisoner in course of movement to and from the Court for judicial proceeding or the hospital for medical treatment or any other place, as per writ, warrant or order of the Competent Authority, as the case may be.
7. (7) The Police Department shall provide the criminal history of the prisoner within a reasonable period of time, as may be prescribed under the rules, if so desired by the Superintendent.
8. (8) In case a prisoner requires special watch or care, the Police Department shall share such requirement along with prisoner's criminal history with the Superintendent.

Separate accommodation for women prisoners.-

1. (1) The Government may establish such number of exclusive prisons and correctional institutions for women prisoners as, it may consider necessary. To accommodate women prisoners, in a prison and correctional institution housing both women and men prisoners shall be kept in a separate building or a separate part of the same building with a separate entrance, in such a manner that they do not come into contact with men prisoners. While providing for basic facilities and correctional services to women prisoners their gender specific needs shall be met.
2. (2) In Central Prison and Correctional Institution, a separate female ward in the prison and correctional institution hospital may be created for women prisoners.
3. (3) In case of exclusive women prison and correctional institution and women enclosure/female ward, only women correctional services officials shall be deployed. Male correctional services officials can be deployed for duties outside such prison and correctional institution or enclosure and can be called inside by the Superintendent or the official on duty, only in case of any emergency or prison and correctional institution offence, as may be prescribed under the rules.

Pregnant Women prisoners.- When a women prisoner is found to be pregnant, the medical officer or officer-in-charge shall report the fact to the Superintendent.

Women or men prisoners with children Women or men prisoners with children.-

1. (1) Women or Men prisoners may keep their children inside the prison and correctional institution until the child attains the age of six years.
2. (2) A child living with his mother or father in prison and correctional institution may be provided with health-care and such other facilities, as may be prescribed under the rules.

The Superintendent shall act upon as per the provisions of law, on receiving any complaint or any information of sexual harassment or sodomy of a prisoner, without any delay.

Prison and Correctional Institution Regimen for Transgender prisoners

1. (1) Separate enclosures/wards in prison and correctional institution for transgender prisoner, may be provided, as may be prescribed under the rules.
2. (2) Transgender prisoner may be provided access to any specific health-care needs.
3. (3) Transgender prisoner may be provided access to correctional services.

Safe custody and security of prisoners.-

1. (1) The Superintendent shall be responsible to take effective measures for ensuring safe custody and security of prisoners. These measures may not be limited to but may include the following, namely:- Secure walls, strong gates, good lighting system, central point monitoring of prisoners, watch towers, power fencing, control of prohibited articles, system for gathering intelligence, closed circuit television and other advanced gadgets and devices for guarding purposes and preventing access to prohibited articles in prison and correctional institution.
2. (2) The Head of Directorate shall be empowered to transfer a prisoner to any other prison and correctional institution in the State, as may be prescribed under the rules.
3. (3) On the request of the Superintendent, the local police authorities shall provide necessary assistance to the correctional services authorities, for escorting a prisoner to a Court or for visit to hospital or parole with custody and for ensuring the safe custody of any prisoner who poses a special risk, including escape from prison and correctional institution, rioting, arson or resorting to any violent means affecting the law and order and discipline in the prison and correctional institution.
4. (4) The manner of use of restraint and force on prisoners may be regulated, as may be prescribed under the rules.

Extramural custody, control and employment of prisoners.- A prisoner, when being taken to or from any prison and correctional institution, in which he may be lawfully confined or to a Court for production or to a hospital for medical treatment or whenever he is working outside or is otherwise beyond the limits of any such prison and correctional institution in or under the lawful custody or control of correctional services official belonging to such prison and correctional institution or any other official deployed for such duty shall be deemed to be in prison and correctional institution and shall be subject to all directions and discipline, as if he were actually in prison and correctional institution.

Visit to prisoners.-

1. (1) Prisoners may communicate with their visitors, namely family members; relatives and friends through physical or virtual mode, under proper supervision of correctional services authorities. Visitors to inmates shall be verified/authenticated through biometric verification/identification.
2. (2) The name, address, photograph and biometric identification of each visitor to the prisoner shall be entered into record, as may be prescribed under the rules.
3. (3) Foreign prisoner may communicate with his family members and consular representatives, as prescribed under the rules.
4. (4) Prisoner may communicate with his legal counsel, as prescribed under the rules.

Search of visitors by the correctional services officials.-

1. (1) All visitors to prisoners shall be searched in a manner as prescribed under the rules.
2. (2) In case any visitor refuses to get himself searched, he shall be denied admission to the prison and correctional institution and such decision shall be entered into record.
3. (3) Appropriate provisions for search of visitors who are women, transgender or persons with disabilities may be made, as prescribed under the rules.
4. (4) All correctional services officials shall be searched, upon each entry to the prison and correctional institution and each exit from the prison and correctional institution.

Discipline in Prison and Correctional Institution.-

1. (1) The Superintendent shall have the necessary authority and shall be responsible for maintaining discipline in the prison and correctional institution, in accordance with the provisions of the Act or rules made thereunder.
2. (2) The manner of enforcing discipline in the prison and correctional institutions shall be such, as may be prescribed under the rules.
3. (3) Every prisoner shall obey the orders and instructions of correctional services officials and abide by the provisions of this Act and comply with such other directions as may be prescribed under the rules.

Display of Prison and Correctional Institution offences and penalties.- The Superintendent may cause to be affixed, at a conspicuous place inside the prison and correctional institution, a notice in Hindi or English language, setting forth the acts prohibited under this Act and the penalties incurred by their commission for the information of the prisoners and correctional services officials.

Prison and Correctional Institution offences.- The following acts and omissions are declared as prison and correctional institution offences, when committed or omitted by prisoner, namely:-

1. (1) Minor offences.-
   • (a) willful disobedience of any rule or regulation of the prison and correctional institution, as may be prescribed under the rules;
   • (b) deliberate or persistent use of insulting or threatening language;
   • (c) immoral or indecent or disorderly behaviour;
   • (d) willfully disabling himself from labour;
   • (e) continuously refusing to work, if the prisoner has been punished with rigorous imprisonment;
   • (f) willful idleness or negligence at work by any convict prisoner sentenced to rigorous imprisonment;
   • (g) willful mismanagement of work by any convict prisoner sentenced to rigorous imprisonment;
   • (h) willful damage to prison and correctional institution property;
     • (i) willfully making a false accusation against any correctional services official;
   • (j) Aiding or abetting or facilitating the commission of any of the aforesaid offences.
2. (2) Major offences.-
   • (a) omitting or refusing to report, as soon as it comes to his knowledge, the occurrence of any fire, any plot or conspiracy, any attempt to escape or preparation to escape or attack on any prisoner or any other person or correctional services official;
   • (b) tampering with or defacing history tickets, records or documents, maintained in physical or electronic form;
   • (c) receiving, possessing or transferring any prohibited article other than wireless communication devices and/or their ancillary components;
   • (d) escape or attempt to escape, conspiring to escape or to assist in escaping;
   • (e) unauthorized use or possession of wireless communication devices and/or their ancillary components;
   • (f) tresspassing in or loitering about in the prison and correctional institution premises where entry is not allowed;
   • (g) unauthorized communication with any person;
   • (h) impersonating a correctional services official or employee of the Government;
     • (i) smuggling or attempting to smuggle or to have in possession prohibited article other than wireless communication devices and/or their ancillary components in the prison and correctional institution;
   • (j) intimidating fellow prisoners into making false representation against the correctional services officials;
   • (k) resorting to strike or start or continue any agitation or participating in or inciting mass hunger strike or any other act of defiance or indiscipline;
   • (l) sexual harassment or sodomy;
   • (m) participating in or organizing anti-social activities, as may be prescribed under the rules;
   • (n) assault or use of force on anyone, attack by one group of prisoners on another group;
   • (o) aiding or abetting or facilitating the commission of any of the aforesaid offences.

Punishment for Prison and Correctional Institution offences.- The Superintendent after conducting an inquiry, as may be prescribed under the rules, may impose any of the following punishment with respect to the prison and correctional institution offences indicated in sub-section

1. (1) or
2. (2) of Section 41, namely:- Minor punishments.- A minor offence indicated in sub-section
3. (1) of Section 41 shall be dealt with any or a combination of the following punishments, namely:-
   • (a) a formal warning, which means a warning personally addressed to a prisoner by the Superintendent and recorded in the punishment book and in the prisoner's history ticket;
   • (b) restricting visits of all the visitors except legal counsel up to a period of one month;
   • (c) forfeiture of wages of not more than 10 days in one calendar month;
   • (d) stoppage of privileges given to the prisoners not exceeding one month at a time, as may be prescribed under the rules. Major punishments.- A major offence indicated in sub-section
4. (2) of Section 41 except for clause
   • (e) of sub-section
5. (2) of Section 41 for which the punishment shall be as per the provisions of Section 46, shall be dealt with any one or a combination of the following punishments, namely:-
   • (a) stoppage of privileges given to the prisoners not exceeding three months at a time, as may be prescribed under the rules;
   • (b) transfer to any other prison and correctional institution and consequent loss of privileges, as may be prescribed under the rules;
   • (c) forfeiture of earned remission up to thirty days;
   • (d) suspension of privileges of parole for a period not exceeding one year starting from the date of the prisoner's next eligibility for release on parole;
   • (e) stoppage or reduction of facilities in respect of recreation, canteen, visitor to prisoner, wages, nature of work for one month to three months at a time;
   • (f) separate confinement for any period not exceeding three months at a time: Provided that no punishment of separate confinement exceeding one month shall be repeated without a gap of fifteen days:

Procedure for offences covered under other laws Procedure for offences covered under other laws.- The offences in such cases which constitute an offence under the Bhartiya Nyaya Sanhita, 2023 (45 of 2023) or any other law shall be dealt with the provisions of that particular law.

Procedure on repeated committal of a prison and correctional institution offence.- If any prisoner is guilty of an offence against prison and correctional institution discipline, which by reason of his having frequently committed such offence or otherwise, in the opinion of the Superintendent, is not adequately punishable by the award of any punishment which he has the power to award under this Act, the Superintendent shall forward the case of such prisoner to the competent Magistrate having jurisdiction, together with a statement of the circumstances and such Judicial Magistrate shall thereupon try the charge so brought against the prisoner and upon conviction, may sentence him to imprisonment, which may extend for a period up to three years.

Punishment for escape or attempt to escape Punishment for escape or attempt to escape.- If any prisoner escapes or attempts to escape from prison and correctional institution in which he may be lawfully confined or to a court for production or to the hospital to which he has been sent or while going there to or returning from there or whenever he is working outside or is otherwise beyond the limits of any such prison and correctional institution, upon the information by the Superintendent, the police shall act as per Section 262 of the the Bhartiya Nyaya Sanhita, 2023 (45 of 2023) and he shall be on conviction before a Magistrate, be liable to imprisonment for a term which may extend to two years or with fine or both.

Punishment for possessing or using wireless communication devices and/or their ancillary component Punishment for possessing or using wireless communication devices and/or their ancillary component.-

1. (1) Whoever, whether a prisoner, visitor or correctional services official violates any provisions of the Act or the rules made thereunder by possessing or using wireless communication devices and/or their ancillary components, or by introducing, removing, or attempting to do so into or from any prison or correctional institution, or by supplying or attempting to supply such devices to any prisoner or by communicating or attempting to communicate with any prisoner, or manipulating, damaging or destroying prison equipment, electronic or otherwise shall, upon conviction before a magistrate, be liable for imprisonment for a minimum period of two years, extendable upto three years, alongwith a fine not exceeding Rupees Five Lakhs.
2. (2) The prisoner shall undergo the sentence awarded under sub-section
3. (1) on completion of any sentence, if already undergoing.
4. (3) The offences mentioned in sub-section
5. (1) shall be cognizable and non-bailable.

1. (1) In the punishment book as prescribed under the rules there shall be recorded, in respect of every punishment awarded, the prisoner's name, register number and the classification (whether habitual or not) to which he belongs, the prison and correctional institution offence of which he was guilty, the date on which such prison and correctional institution offence was committed, the number of previous prison and correctional institution offences recorded against the prisoner (if any), and the date of his last prison and correctional institution offence (if any), the punishment awarded and the date thereof.
2. (2) For every major prison and correctional institution offence, the names of the witnesses proving the offence shall be recorded and the Superintendent shall record the substance of the evidence of the witnesses, the defence of the prisoner and the findings with the reasons thereof.
3. (3) Against the entries relating to each punishment, the Deputy Superintendent and Superintendent shall affix their signatures as evidence of the correctness of the entries.

1. (1) A sentence plan setting out the programme of treatment of prisoners may be prepared by the Superintendent, which shall help in the prisoner's rehabilitation and social reintegration, as may be prescribed under the rules.
2. (2) The individual sentence plans may be updated and recorded in the prisoner's files on periodic basis.

Work programme and wages.-

1. (1) Every prisoner, including under trial prisoner or civil prisoner or prisoner sentenced to simple imprisonment, while in custody, may be provided the opportunity of work, if available and be paid commensurate wages at such rate, as may be prescribed under the rules.
2. (2) The record of wages earned and spent by any prisoner, particulars of deferred wages and matters incidental thereto shall be maintained by the Superintendent.
3. (3) The Government may frame a scheme which may be called the Prisoners Welfare Fund for the welfare of the prisoners in the State.

Open Correctional Institutions.-

1. (1) The Government may establish and maintain as many open correctional institutions for prisoners, as may be required.
2. (2) The Government may allow such facilities or concessions in such open correctional institution which may help the prisoner in his rehabilitation into the society, as may be prescribed under the rules.
3. (3) The rules for administration of open correctional institutions including the procedure and eligibility of prisoners who can be transferred to such open correctional institutions, process of dealing with prisoners who violate any condition of transfer to an open correctional institution shall be such, as may be prescribed under the rules.

Parole and Furlough.-

1. (1) Prison and correctional institution leave may be granted to eligible convicted prisoners as an incentive for good behaviour and responsiveness to correctional treatment with the objective of their rehabilitation into the society, as may be prescribed under the rules.
2. (2) There may be the following types of prison and correctional institution leaves, namely:-
   • (a) regular parole;
   • (b) emergency parole;
   • (c) furlough.
3. (3) Regular Parole may be granted to eligible convicts after the completion of three years of confinement by the Competent Authority under such conditions and for such purposes, as may be prescribed under the rules. The period spent on regular parole may not exceed fifteen days at a time and may not be granted more than three times in a year provided there would be atleast a minimum period of three months between the grant of two regular paroles. The period spent on regular parole shall not be counted as part of sentence,
4. (4) Emergency Parole may be granted by the Competent Authority to eligible convicts in rare or emergent situations, under police protection for a period extending up to 48 hours, as prescribed under the rules. The period spent under this parole shall be counted towards part of sentence.
5. (5) Furlough may be granted to eligible convicts by the Competent Authority, as an incentive for maintaining good conduct and discipline in the prison and correctional institution after the completion of three years of confinement for a period not more than 14 days in a calendar year. The period spent on furlough shall be counted towards part of sentence.
6. (6) For prisoners governed by any of the laws relating to the Armed Forces of the Union, the grant of leave shall be subject to laws relating to the Armed Forces of the Union.
7. (7) If a prisoner on parole or furlough fails to surrender on the due date, upon intimation by the Superintendent, the police shall act as per Section 262 of the Bhartiya Nyaya Sanhita, 2023 (45 of 2023).

Remission to prisoners.- Subject to the overall good behaviour and conduct of a convicted prisoner, while serving the sentence, remission may be granted by the Competent Authority, as may be prescribed under the rules.

Pre-mature release.- Pre-mature release may be allowed to a prisoner by the Competent Authority with the objective of his rehabilitation and reintegration into the society.

Inspection of Prison and Correctional Institutions Inspection of Prison and Correctional Institutions.-

1. (1) There shall be a two-fold system for inspections of prison and correctional institution:-
   • (a) Inspection conducted by senior correctional services officials.- The Head of Directorate may have a prison and correctional institution inspected by an official of appropriate rank at periodic intervals, as may be prescribed under the tules;
   • (b) Inspections conducted by the Board of Visitors.- Board of visitors may be headed by the Principal District and Session Judge/Additional District Judge/Chief Judicial Magistrate, as the case may be and may comprise of such other official and non-official members for carrying out inspections, as may be prescribed under the rules.
2. (2) After inspection under clause
   • (a) of sub-section
3. (1) of section 54, a written report shall be submitted to the Head of Directorate, as may be prescribed under the rules.

Legal Aid.- The Government may provide the facility of free legal aid to the prisoners in accordance with the provisions of the Legal Services Authorities Act, 1987 (39 of 1987) and the Standard Operating Procedure prescribed by National Legal Services Authority/State Legal Services Authority/ District Legal Services Authority or as may be prescribed under the rules.

Constitution of Under Trial Review Committee for every district.-

1. (1) There shall be an Under Trial Review Committee for every district, headed by the Principal District and Sessions Judge and comprising of such other members and for carrying out such functions, as may be prescribed under the rules.
2. (2) The Committee shall meet periodically and review the cases of eligible prisoners in all prison and correctional institutions of the district and make appropriate recommendations.

Grievance Redressal Mechanism.- There shall be an appropriate mechanism for redressal of the grievances of the prisoners, as may be prescribed under the rules.

Supply of clothing and bedding to civil and under trial criminal prisoners.-

1. (1) Every civil prisoner and under trial criminal prisoner unable to provide himself with sufficient clothing and bedding shall be supplied by the Superintendent as may be necessary.
2. (2) When any civil prisoner is committed to prison and correctional institution in execution of a decree in favour of a private person such person or his representative, shall within forty-eight hours after the receipt by him of a demand in writing, pay to the Superintendent the cost of the clothing and bedding so supplied to the prisoner and in default of such payment the prisoner may be released.

No visitor or correctional Services official shall have right to strike or start or continue any agitation inside the prison and correctional institution.

The Superintendent shall take all appropriate measures, including the procurement of necessary equipments and preparation of a contingency plan, for preventing and controlling any emergency situation in the prison and correctional institution, including ensuring availability of quick reaction team and any other provision in conformity with the Disaster Management Act, 2005 (53 of 2005) or any other relevant Act and orders or instructions issued by Competent Authority, as may be prescribed under the rules.

Prison and Correctional Institution Development Board.- The State may set up a Prison and Correctional Institution Development Board with the objective of modernizing infrastructural facilities to provide better correctional services to prisoners and welfare of the correctional services officials and may make rules for composition of such Board, its responsibilities and manner of governance.

Delegation of Powers.- Any of the powers conferred by this Act may be exercised and performed by such officials, as the Government may designate in this regard.

Accounts and Audits.- The accounts of every prison and correctional institution shall be maintained and audited in such manner, as may be prescribed by the Government.

Protection of action taken in good faith.- No suit, Prosecution or other legal proceeding shall lie against the Government or any functionary of the Government in respect of anything which is done or intended to be done in good faith in pursuance of this Act or the rules made or orders or directions issued thereunder.

Reward and Recognition.- The Government shall, for maintaining the necessary level of quantitative and qualitative competence of the officials of the correctional services, evolve a system of reward, recognition and appreciation for meritorious services as may be prescribed under the rules.

Power of the Government to make rules.- The Government may, by notification in the Official Gazette, make rules consistent with the Act and include but not limited to the following, namely:-

1. (1) regarding custody of a prisoner committed to it under writ, warrant or by the order of any Court or any other Competent Authority;
2. (2) to provide for suitable measures for the safety and security of prisoners;
3. (3) to provide the prisoners with accommodation, food, clothing, clean and sufficient water, toiletries, other necessities and medical services;
4. (4) to provide the prisoners access to adequate, gender-responsive physical and mental health care facilities;
5. (5) to provide correctional services to the prisoners with the objective of rehabilitating them in the society as law abiding citizens;
6. (6) to maintain discipline in the prison and correctional institution in accordance with the provisions of this Act;
7. (7) to provide after care service with a view to ensure prisoners reintegration and rehabilitation in the society;
8. (8) to provide sufficient number of prison and correctional institutions in the State for accommodating the prisoners;
9. (9) regarding the pattern of construction of a prison and correctional institution and its architectural design;
10. (10) to provide for the standards of security for each prison and correctional institution;
11. (11) to provide for the use of technology in prison and correctional institution;
12. (12) to provide for facilitating segregation and separate lodging of various categories of prisoners and/or for attending to special needs of prisoner;
13. (13) to provide for an institutional set-up which may be decided in accordance with the need and requirement of prisoners, the inmate population, workload of correctional services officials;
14. (14) to provide for the appointment of the Head of Directorate;
15. (15) to provide for officials as may be necessary to assist the Head of Directorate for performing such duties;
16. (16) to provide for correctional services officials, as may be necessary for every prison and correctional institution;
17. (17) to provide for the general administrative control and management of a prison and correctional institution;
18. (18) regarding utilization of the services of prisoners for the day-to-day administration and Management of the prison and correctional institution;
19. (19) to provide for the qualifications, recruitment, appointment and training of officials of the prison and correctional institution;
20. (20) to provide for safe custody of all documents/records, including records in electronic format, money and other articles taken from prisoner;
21. (21) regarding the duties and functions of medical officer;
22. (22) to provide for the transfer to a mental health establishment of prisoners with mental illness;
23. (23) regarding the search of prisoners;
24. (24) regarding foreign prisoners;
25. (25) regarding the committee for classification and security assessment of prisoners;
26. (26) regarding duties and functions of correctional services officials;
27. (27) regarding administration of management of women prisoners;
28. (28) regarding action taken in case of a complaint of sexual harassment or sodomy;
29. (29) regarding administration and management of visitors to prisoners;
30. (30) to provide for the manner of enforcing prison and correctional institution discipline;
31. (31) regarding prison and correctional institution offences and punishment;
32. (32) regarding use of arms against any prisoners in case of an outbreak or attempt to escape;
33. (33) to provide for sentence plan for prisoners;
34. (34) regarding work programme and wages of prisoners;
35. (35) regarding administration and management of open correctional institution;
36. (36) regarding prison and correctional institution leave- parole and furlough;
37. (37) regarding remission and pre-mature release of prisoners;
38. (38) regarding the inspection of prison and correctional institutions;
39. (39) regarding the composition, responsibilities and manner of governance of Prison and Correctional Institution Development Board;
40. (40) regarding reward, recognition and appreciation for correctional services

Repeal and Saving.-

1. (1) The Prisons Act, 1894 (9 of 1894), the Prisoners Act, 1900 (3 of 1900) and the Transfer of Prisoners Act, 1950 (29 of 1950) as applicable to the State of Madhya Pradesh are hereby repealed.
2. (2) Notwithstanding anything contained this Act, all the rules, regulations, orders, directions, notifications relating to prisons made under Acts mentioned in sub-section
3. (1) of section 68 and in force immediately before the commencement of this Act shall except where and so far, as they are inconsistent with or repugnant to the provisions of this Act, continued to be in force until altered, amended or repealed by rules made under this Act.

Power to remove difficulties.-

1. (1) If any difficulty arises in giving effect to any of the provisions of this Act, the Government may, by order published in the Official Gazette, make such Provisions or take such measures, not inconsistent with the provisions of this Act, as may appear to be necessary or expedient for removing the difficulty.
2. (2) The Government may, make an order under sub-section
3. (1) to have effect from any date not earlier than the date of commencement of this Act.