The Madhya Pradesh Second Extension of Laws Act 1961

THE MADHYA PRADESH SECOND EXTENSION OF LAWS ACT, 1961  
[Act No. X L. of 1961]  
[ 08th  December, 1961]  
CONTEN TS  
 
Sections:  
1. Short title and commencement  
2. Definitions  
3. Extension a nd amendment of certain Acts  
4. Construction of references to law s not in  force in any region  
5. Construction of references to authorities  
6. Repeal  
7. Power  to  remove  difficulties  
FIRST SCHEDULE  
SECOND SCHEDULE  
 
 
 
 
 
 
 
 
 
 2 
THE MADHYA PRADESH SECOND EXTENSION OF LAWS ACT, 1961  
[Act No. X L. 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 it enacted by the Madhya Pradesh Legislature in the Twelfth Year of 
the Republic of India as follows  
1. Short title and co mm encement .-(1) This Act may be called the 
Madhya Pradesh Second Extension of Laws Act, 1961.  
(2) It sha ll come into force on such date  as the State Government may, by 
notification, appoint.  
2. Definitions. -In this Act, unless t he 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 imm ediately 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, preambl e 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.  
 3 
4. Construction of refer ences to la ws 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. Constructio n of references to authorities. -(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 compet ent at the date 
of the p assing o f 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 .  
6. Repeal. -On and from the appointed day, the enactments specified in 
the Second Schedule shall stand repealed.  
7. Power to remove difficulties .-(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 generality of the foregoing 
powe r, 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 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 enac tment 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  
[S ee 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” 
substitute “the State Government of Madhya Pradesh”.  
After Section 3 9, insert the following, namely: -  
“39 -A. Power of Superintendent to s end a prisoner to hospital o r 
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 p risoner 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 detentio n 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 criminal 
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 
attempts 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 addition to the punishment for which the 
prisoner was liable for the offence of which he was already 
convicted.  
39 -C. Provisions applicable to bond s 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”, substitute “Hindi in Devnagari 
script.”  
Section 46. - Omit clause (12) and i n 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” substitute “both in 
English and in Hindi in Devnagari script, in some conspicuous place and to 
which all persons employ ed within a prison have access.”  
4. The Identification of Prisoners Act, 1920 (No. XXXIII of 1920)  
Section 1 .-In sub -section (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,” substitute “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 a nd Sironj regions of the State of Madhya Pradesh”.  
(b) For sub -section (3), substitute 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 1 920)  
Throughout the Act, unless otherwise expressly provided, for “local 
area”, or “local areas” substitute “area” or “areas”, respectively.  
Section 1. - For sub -sections “(2) and (3) substitute the following, 
namely :-  
“(2) It extends to the whole of Madh ya Pradesh, but shall be in operation 
only in such areas in which it 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 t he 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 R evenue Code, 1959 (20 of 
1959),”   
Section 2 .- For sub -section (1), substitute the following, namely “(1) If 
the sanitary  or other public requirements, - 
(a)  of a village, or  
(b) of a group of two or more villages having inhabited sites adjacent to 
one another, containing not less than five hundred  inhabited houses 
and not being wholly or partly within the limits of a Municipal 
Corporation, a Municipality or of a notified area constituted under a 
law for the time being in force for the organisation and 
administration of municipal corporations or mun icipalities, as the 
case may be, are such that, in the opinion of the Collector of the 
district in which the village or group of villages in situate, 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 
writing published in such manner as may be prescribed, declare that 
the area is in need of special arrangements for its management’  
Section 3 .- For “mukaddam or mukad dam -gumashta or a working patel’’  
substitute “Patel ”.  
Section 9 -A. - In clauses (b) and (c) of sub -section (2) for “district 
Counci l” substitute “Zila Panchayat.”  
Section 10. - (1) In clause (b) of sub -section (2), —  
(a) for ‘Janapada a uthority’ substitute “Janapada Panchayat”;  
 7 
(b) in the first proviso, for “Central Provinces and Berar Panchayats Act, 
1946 (I of 1947)” substitute “a law for the time being in force 
relating to the constitution and organisation of Panchayats”;  
(c) in the  second proviso, -  
(i) for ‘Janapada authority” occurring twice, substitute “Janapada 
Panchayat”;  
(ii) for “the Central Provinces and Berar Loc al Government Act, 1948 
(XXX  of 1948) or the Central Provinces a nd Berar Panchayats 
Act, 1946 (I  of 1947)” “subs titute ” “ a law for the time being in 
force relating to the constitution and organisation of Panchayats”.  
(2) In clause (c) of sub -section (2), for “Janapada authority’ substitute 
“Janapada Panchayat”.  
Section 11 .- (a) In sub -section (1), -  
(i) for “the d istrict Council or local board under Section 9 of the 
Central Provinces Local Self -Government Act, 1883 (I of 1883)” 
substitute “Zila or Janapada Panchayat constituted under the law 
for the time being in force relating to the constitution and 
organisation of   Panchayats”.  
(ii)  for “district Council or local board” substitute “Zila Panchayat or 
Janapada Panchayat.”  
(b) In sub -section (2) for “district Council” and “Council” substitute 
“Zila Panchayat”.  
7. The Madhya Pradesh Local Bodies Services Commissi on Act, 1950 
(XXXVII of 1950)  
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” substitut e “a Municipal Corporation, a Municipal 
Council, a Zila Panchayat , a Janapada Panchayat”.  
Section 4. - For “Mahakoshal region” substitute “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 title and long title, for 
“Scheduled Tribes” wherever occurring substitute “Aboriginal Tribes”.  
Section 1 .- For sub -section (2), substitute -  
 8 
“(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 o f 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” su bstitute “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 -sect ion (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 -sect ion (I), for “1954” substitute “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 ‘municipality’ wherever occurs substitute 
“municipal c orporation or municipality’.  
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 apply to all such municipal corporations and municipalities in 
Madhya Pradesh to w hich it 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 municipalities to which any enactment repealed by 
Section 6 of th e said Act was applicable and may be applied to any 
other municipal corporations or municipalities, or  such date as the 
State Government may, by notification, appoint and different dates 
may be appointed for different municipal corporations or 
municipaliti es.’  
Section 2. - (a) For clause (1) sub stitute the following, namely: -  
 9 
“(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) ‘Mun icipal law’ means a law for the time being in force for the 
organisation and administration of municipal corporations or 
municipalities or notified areas in th e State, as the case may be;”  
(b ) Omit clause (3).  
Section 3. - For “Municipal Act” substitute “ 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), sub stitute the following, namely 
:-  
“(2) It extends to the whole of Madhya Pradesh.”  
(3) It shall be in force i n 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 m ay, 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), 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 Exten sion of Laws Act, 1961 (40 of 1961), and shall 
come into f orce 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)”,   
 10 
12. The Madhy a Bharat Nursing Homes Registration Act, 1954 (No. 
28 of 1954)  
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 appoint ed 
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”.  
Sectio n 13 .- For Section 13, sub stitute 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 l iable 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 t his 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 o fficer 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  
 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 ” 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 immediatel y 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.”  
 
 
 
 
 
 
 
 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 Adaptation of Central Laws Ordinance, 1950 (IV of 1950), 
in its application to the Sironj region so far as it relates to - 
(1) The Interest Act, 1839 (XXXII of 1839).  
(2) Th e 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 its application 
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 its application to Mahakoshal 
region. The Rajasthan refuse (Conversion into Manure) Act, 1951 (VI of 1951), 
in its application to Sironj region.  

‹ Prev All Madhya Pradesh acts Next ›