MADHYA PRADESH ACT
No. XXIII of 1958
THE MADHYA PRADESH EXTENSION OF LAWS ACT, 1958
TABLE OF CONTENTS
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Sections
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1.
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Short title, and commencement
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63
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2.
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Definitions
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63
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3.
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Extension and amendment of certain Acts.
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63
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4.
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Construction of references to laws not in force in any region.
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64
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5.
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Construction of references to authorities
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64
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6.
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Repeal and Savings.
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64
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7.
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Power to remove difficulties.
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65
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THE SCHEDULE
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MADHAYA PRADESH Act
(No. XXIII of 1958) For statement of Objects and Reasons (in English), see “Madhya Pradesh Gazette”, Extraordinary, dated the 27th November 1957, page 1694 and (in Hindi) 1727. For proceedings in Assembly, see Madhya Pradesh Vidhan Sabha Proceedings in Assembly, see Madhya Pradesh Vidhan Sabha Proceedings 1957, Vol. II, pages 1112 to 1117 and 1313 to 1321, and 1958, Vol. III, pages 1981, 2928 to 2957, 3012 to 3045 and 3130.
THE MADHAYA PRADESH EXTENSION OF LAWS ACT, 1958
(Received the assent of the President on the 27th August, 1958; assent first published in the Madhya Pradesh Gazette on the 24th September, 1958).
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 Ninth Year of the Republic of India as follows:-
Short title and commencement.
1. (1) This Act may be called the Madhya Pradesh Extension of Laws Act, 1958.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette of the State appoint.
Definitions.
2. In this Act, unless there is anything repugnant in the subject or context, -
(a) “appointed day” means the date appointed under sub-section (2) of section 1 for the coming into force of this Act;
(b) “Bhopal region” means the territories which immediately before the 1st day of November 1956, were comprised in the Part ‘C’ State of Bhopal;
(c) “Madhya Bharat region” means the territories which immediately before the 1st day of November 1956, were comprised in the Part ‘B’ State of Madhya Bharat, except Sunel Tappa of Bhanpura tehsil of Mandsaur district;
(d) “Mahakoshal region” means the territories comprised within the districts of Jabalpur, Sagar, Damoh, Madla, Hoshangabad, Narismhapur, Chhindwara, Seoni, Betul, Nimar, Raipur, Bilaspur, Durg, Bastar, Surguja, Raigarh and Balaghat;
(e) “region” means the Mahakoshal region, the Madhya Bharat region, the Vindhay Pradesh region, the Bhopal region or the sironj region;
(f) “Sironj region” means the area comprised in the Sironj sub-division of the Bhilsa district on the 1st day of November 1956;
(g) “Vindhya Pradesh region” means the territories which immediately before the 1st day of November 1956, were comprised in the Part ‘C’ State of Vindhaya Pradesh.
Extension and amendment of certain Acts.
3. (1) The Acts specified in Part A of the Schedule and as in force in the Mahakoshal region immediately before the appointed day, are hereby extended to, and shall, as from the appointed day, be in force, in all the other regions of the State.
(2) The Acts specified in Part B of the Schedule and as in force in the Madhya Bharat region immediately before the appointed day, are hereby extended to, and shall, as from the appointed day, be in force, in all the other regions of the State.
(3) The Acts extended by sub-section (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 Schedule.
(4) 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” or “Central Provinces and Berar” or “Madhya Bharat” occurs there shall be substituted therefor the expression “Madhya Pradesh”,
Construction of references to laws not in force in any region.
4. Any reference in any Act specified in the 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.
Construction of references to authorities.
5. (1) Any reference in any Act specified in the 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.
Repeal and savings.
6. (1) If immediately before the appointed day, there is in force in any region of the State any law corresponding to any of the Acts now extended to that region, that law shall, save as otherwise expressly provided in the Act, stand repealed:
Provided that the repeal shall not affect
(a) the previous operation of any law so repealed or any thing duly done or suffered thereunder; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed, or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed; or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;
And any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture, or punishment may be imposed as if this Act had not been passed:
Provided further that, subject to the preceding proviso, anything done or any action taken (including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation, form, byelaw or scheme framed, certificate obtained, patent, permit or licence granted or registration effected) under any such law shall be deemed to have been done or taken under the corresponding provision of the Act as now extended to that region, and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under the said Act.
(2) For avoidance of doubt, it is hereby declared that nothing in sub-section (1) shall affect the continuance in force of the Madhya Bharat Towns Improvement Act, 1956 ( 2 of 1956) with respect to the towns of Gwalior, Indore, Ratham, Ujjain and Neemuch.
Power to remove difficulties.
7. (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 Schedule, the State Government may, by order notified in the Official Gazette, make such provisions or give such directions as appear to be necessary for the removal or 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 (including any of the matters specified in the second proviso to section 6) under any law repealed by that section shall be recognized or given effect to under the corresponding provisions of the Act as now extended.
THE SCHEDULE
PART A
[See Section 3 (1)]
1. THE INDIAN TOLLS ACT, 1851 (VIII OF 1851)
Section 1-A. – For section 1-A substitute the following, namely:-
“I-A. It extends to and shall be in force in the whole of Madhya Pradesh.”
2. THE POLICE ACT, 1861 (V OF 1861)
3. THE PUBLIC GAMBLING ACT, 1867 (III OF 1867)
Section 2 – For “within the Mahakoshal region” substitute “within the State”.
4. THE CATTLE TRESPASS ACT, 1871 (I OF 1871)
Section 1. – In sub-section (2), after “ In Part B” State and “other than the Madhya Bharat and Sironj regions or the State of Madhya Pradesh”.
Section 31. To clause (a) add the following proviso, namely :-
“Provided that if in any area any of the functions of the State Government or the Magistrate of the district under this Act, were immediately before the commencement of the Madhya Pradesh Extension of Laws Act, 1958 (23 of 1958), being performed by a local authority, then on such commencement all such functions shall be deemed to have been transferred to such local authority under this section”.
5. THE NORTHERN INDIA FERRIES ACT, 1878 (XVII OF 1878)
Section 1. – (1) in the second paragraph for “Mahakoshal region” substitute “Madhya Pradesh”.
(2) For the third paragraph, substitute –
“It shall be in force in all such territories in which it was in force immediately before the commencement of the Madhya Pradesh Extension of Laws Act, 1958 (23 of 1958) and shall come into force on the commencement of the said Act, in all such regions of Madhya Pradesh in which it was not in force before such commencement”.
Section 7-A. – For “ in the Mahakoshal region” substitute “in the State”.
6. THE LEGAL PRACTITIONERS ACT, 1879 (XVIII OF 1879) Repealed by Central Act 25 of 1961.
Section 1. – After the third paragraph insert the following paragraph, namely:-
“The rest of this Act also extends to the territories in the Madhya Bharat, Vindhya Pradesh, Bhopal and Sironj regions of the State of Madhya Pradesh”.
7. THE VACCINATION ACT, 1880 (XIII OF 1880) Repealed by M.P. Act 23 of 1968.
Section 1. – For “ Mahakoshal region” substitute “Madhya Pradesh”.
8. THE INDIAN EASEMENTS ACT, 1882 (V OF 1882)
Section 1. – For “Mahakoshal region” substitute “Madhya Pradesh”.
9. THE LAND IMPROVEMENT LOANS ACT, 1883 (XIX OF 1883).
Section 1. – (1) In sub-section (2), after “part ‘B’ State” add “other than the Madhya Bharat and Sironj regions of the State of Madhya Pradesh.”
(2) After sub-section (2) insert-
“(3) It shall be in force in the whole of Madhya Pradesh”.
10. THE AGRICULTURISTS LOANS ACT, 1884 (XII OF 1884)
Section 1. – (1) In sub-section (1), after “Part ‘B’ States and “other than the Madhya Bharat and Sironj regions of the State of Madhya Pradesh.”
(2) In sub-section (2), for “the Central Provinces” substitute “the Madhya Pradesh”.
11. THE SUITS VALUATION ACT, 1887 (VII OF 1887).
Section 1. – After “Part ‘B’ State” “other than the Madhya Bharat and Sironj regions of the State of Madhya Pradesh”.
Section 7. – Renumber that section as sub-section (1) thereof and after sub-section (1) as so renumbered insert –
“(2) This Part shall be in force in the Madhya Bharat and Sironj regions of the State of Madhya Pradesh from the commencement of the Madhya Pradesh Extension of Laws Act, 1958 (23 of 1958).”
12. THE LAND ACQUISITION ACT, 1894 (I OF 1894)
Section 1. – In sub-section (2), after “Part ‘B’ State” add “other than the Madhya Bharat and Sironj regions of the State of Madhya Pradesh”.
13. THE EPIDEMIC DISEASES ACT, 1897 (III) OF 1897)
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.”
14. THE REFORMATORY SCHOOLS ACT, 1897 (VIII OF 1897) Repealed by M.P. Act 15 of 1970.
Section 1. - In sub-section (3), add at the end “other than the Madhya Pradesh and Sironj regions of the State of Madhya Pradesh.”
15. THE PRISONERS ACT, 1900 (III OF 1900)
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”.
16. THE WILD BIRDS AND ANIMALS PROTECTION ACT 1912, Repealed by Central Act 53 of 1972. (VIII OF 1912)
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”.
17. THE USURIOUS LOANS ACT, 1918 (X OF 1918)
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.”
18. THE PROVINCIAL INSOLVENCY ACT, 1920 (V 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.”
19. THE COTTON GINNING AND PRESSING FACTORIES ACT, 1925 (XII OF 1925).
20. THE INDIAN FOREST Act, 1927 (XVI OF 1927)
Section 1. – (1) In sub-section (2), add at the end “other than the Madhya Pradesh and Sironj regions of the State of Madhya Pradesh.”
(2) In sub-section (3), add –
“It also applies to the territories comprised in the Madhya Bharat, Vindhya Pradesh, Bhopal and Sironj regions of the State of Madhya Pradesh”.
21. THE CENTRAL PROVINCES EXCISE ACT, 1915 (II OF 1915)
Throughout the Act, for “Mahakoshal region” substitute “State”.
Section 1. – For sub-section (2), substitute –
“(2) It extends to and shall be in force in the whole of Madhya Pradesh”.
Section 8. – After clause (b), add –
“(c) make suitable provisions for the effective control of Mahua (Bassia Latifolia and Bassia Longifolia) or any other base which is or which can be utilized for the manufacture of liquor”.
Section 13. – In the second proviso, omit “in the merged territories”.
Section 22. – (1) In sub-clause (1), for “any person” substitute “any woman or any male person “and for “fourteen” substitute “eighteen”.
(2) Omit sub-sections (2) and (3).
Section 23. – For “fourteen” substitute “eighteen”.
Section 25. – In clause (i) of sub-section (3), omit “or on any article which has been imported into any part other than the Mahakoshal region of Madhya Pradesh as formed by the provisions of Part II of the States Re-organization Act, 1956 (37 of 1956), and on which a duty has already been paid on such importation under any corresponding law in force in that part.”
Section 27 . – A. – In sub-section (2), omit item (c), Omit section 33-A.
Section 34 – After the proviso, insert –
“Provided further that when any person is convicted under this section of any offence committed in respect of manufacture, possession or sale of any liquor, he shall be punishable for every such offence with imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees.”
Section 38. – In clause (c) of sub-section (1), omit “reputed”.
Section 48. – In clause (a) of sub-section (1), after “as the case may be” and before and insert “or may impose as a penalty a sum not exceeding two hundred rupees and may order the confiscation of articles which are seized”.
Section 59. – For sub-section (1), substitute –
“(1) All offences punishable under this Act shall be bailable within the meaning of the Code of Criminal Procedure, 1898 (V of 1898) see now the Code of Criminal Procedure, 1973 (2 of 1974).
Section 62. – After clause (d) of sub-section (2), insert the following namely:
“(d-1) regulating the import, export, transport, collection, possession, supply, storage or sale of mahua flowers, prescribing licences and permit therefor throughout the State or in any specified area or for any specified period;”
22. THE CENTRAL PROVINCES BORSTAL ACT, 1928 (IX OF 1928)
Section 1. – For sub-section (2) and (3), substitute the following, namely:-
“(2) It extends to and shall be in force in the whole of Madhya Pradesh.”
Section – For “Mahakoshal region” substitute “state”.
Section 27. – In item (a), omit “or” occurring for the third time and omit item (b).
Section 33. – In clause (2), omit “except States”.
23. THE CENTRAL PROVINCES CHILDREN ACT, 1928 (X OF 1928) Repealed by M.P. Act 15 of 1970.
Section 1. – In sub-section (2), for “Mahakoshal region” substitute “Madhya Pradesh.”
Section 3.- For “Mahakoshal region” substitute “Madhya Pradesh”.
24. THE CENTRAL PROVINCES OPIUM SMOKING ACT, 1929 (IV OF 1929)
Section 1. – For sub-sections (2) and (3), substitute the following namely :-
“(2) It extends to and shall be in force in the whole of Madhya Pradesh”.
Section 8-A. – For “merged territories” substitute “State”.
25. THE CENTRAL PROVINCES JUVENILE SMOKING ACT, 1929, Repealed ibid. (VIII OF 1929).
Section 2. – For sub-section (2), substitute the following namely:-
“(2) It extends to the whole of Madhya Pradesh”.
Section 5. - For “Lambardar, Mukaddam” substitute “Patel” and for words beginning with “Member or a Municipal Committee” and ending with “member of a Village Panchayat,” substitute “member of any local authority”.
26. CENTRAL PROVINCES IRRIGATION ACT, 1931 (III OF 1931)
Section 1. – For sub-sections (2) and (3), substitute –
“ (2) It extends to and shall be in force in the whole of Madhya Pradesh.”
Section 6. – At the end, substitute a comma for the full stop and insert –
“and includes a private, water-course.”.
After section 6, insert –
“6-A. Private water-course – ‘Private water-course’ means a water-course constructed at the cost of a permanent holder.”
Section 14. – For section 14, substitute –
“14. Permanent holder. – In the table set out below the person specified in the second column shall be deemed to be the permanent holder of land held by him as specified in the first column:-
TABLE
(1) MAHAKOSHAL REGION
Land held as a Bhumiswami The Bhumiswami.
Land held as a Bhumidhari The Bhumidhari.
(2) MADHYA BHARAT REGION
Land held as a Pakka tenant The Pakka tenant.
Land held as a concessional holder. The concessional holder.
(3) VINDHYA PRADESH REGION
Land held as a Pachpan Paintalis tenant The Pachpan Paintalis tenant.
Land held as a Pattedar tenant The Pattedar tenant.
Land held as a grove holder The grove holder.
Land held as the holder of a tank The tank holder.
(4) BHOPAL REGION
Land held as an occupant The occupant.
Land held as a Shikmi of Khudkast The holder of Shikmi
For more than one year.
Land held by the grantee of khudkast The grantee of Khudkast.
(5) SIRONJ REGION
Land held as a Khatedar tenant The Khatedar tenant.
Land held as a grove holder The grove holder.
After section 18, insert –
“18-A. Additional Canal Officers. – The State Government may, by notification in the Official Gazette, appoint the Canal Officers of any neighbouring State to be Additional Canal Officers in any Sub-division or circle of this State and to exercise such powers and to perform such duties under this Act as may be specified in the notification.”
Section 30.- After sub-section (1), insert –
“(I-A). In determining the amount of such compensation, regard shall be had to the diminution in the market value, at the time of awarding compensation of the property in respect of which compensation is claimed and where such market value is not ascertainable the amount shall be reckoned at fifteen times the amount of the diminution of the annual net profits of such property, caused by the exercise of the powers conferred by this Act.”
After section 89, insert –
“89-A. Acquisition of the right of supply through an existing private water-course. – (1) Any permanent holder or irrigable or wet land desiring to have the right of supply of water through a private water-course of another person passing through or by the side of or within easy reach f such land may apply to the Collector.
(2) If the applicant undertakes to defray all costs involved in acquiring such right and to share the expenses made by the owner in the construction of the water-course, the Collector shall serve a notice on the owner to show cause why the right should not be granted.
(3) If the owner of the water-course raises no objection, the Collector may declare the applicant to be the joint holder of the water-course on such conditions as to the payment of cost, compensation, or otherwise as may appear to him equitable.
89-B.- Construction of a private water-course – (1) Subject to rules made under the Act, a permanent holder of irrigable or wet land in a village or chak may construct on his land a private water-course.
(2) Every permanent holder desiring to construct a private water-course shall, before undertaking the construction thereof, make an application in writing to the Executive Engineer clearly disclosing therein the details on the proposed water-course including its alignment, the land which is sought to be irrigated and such other particulars as may be prescribed.
(3) On receipt of the application, the Executive Engineer shall, after making or causing to be made such enquiry, as he deems fit, lay down the specification for the construction of the private water-course and give such other directions in relation thereto as he may consider necessary.
(4) Every private water-course shall be constructed in accordance with the specifications and directions give under sub-section (3).
(5) No private water-course shall be used for the supply of water from a canal for irrigation purposes unless it has been constructed in accordance with the specifications and directions given under sub-section (3).
89-C. Occasional supply of water through private watercourse – (1) Any permanent holder or occupier in wet or irrigable area may apply to the Executive Engineer for supply of water from a canal.
(2) If it appears expedient that such supply should be given and that it should be conveyed through an existing private water-course, the Executive Engineer shall give notice to owner of the water-course to show cause on a day not more than 14 days from the date of such notice why the said supply should not be so conveyed.
(3) On the day fixed, the Executive Engineer shall after hearing the owner if present and making such enquiry, as he thinks fit, determine whether and on what conditions the said supply should be conveyed through the water-course.
(4) Any person aggrieved by the decision of the Executive Engineer under sub-section (3) may, before the expiry of thirty days from such decision, prefer an appeal to the Superintending Engineer and subject to the result of such appeal, if any, the decision of the Executive Engineer shall be final.
(5) Such applicant shall not be entitled to use the water-course until he has paid the cost of any alteration of the water-course required for making the supply available through it ad such charges for use of the water-course as the Executive Engineer may determine.
(6) The applicant shall also be liable to maintain the water-course so long as he uses it.
89-D. Obligation of person owning or using private water-course – (1) Every permanent holder owning or using private water-course, shall –
(a) Construct and maintain to the satisfaction of the Executive Engineer all works which, in the opinion of the Executive Engineer, are required for the passage of water or traffic across the aforesaid private watercourse or of water-course existing previous to its construction and of drainage intercepted by such private water-course, and for affording proper communication across it for the convenience of the neighbouring lands;
(b) Maintain the water-course in proper repair so long as it is in an area under an agreement or in a company assessed area; and
(c) Allow its use in the manner and to the extent provided by section 89-C.
(2) If at any time the Executive Engineer considers in respect of a water-course referred to in sub-section (1) that the works mentioned in clause (a) of that sub-section have not been constructed or maintained or that the water-course is not in proper repair as required by clause (b) thereof-
(a) he may, by a notice served upon the persons liable under sub-section (1) require that the construction or repairs be made to his satisfaction on or before a specified date; and
(b) if the construction or repairs are not made to his satisfaction by such date, he may stop the supply of water to the water-course; or
(c) he may cause the construction and repairs to be made and may collect a sum not exceeding twice the cost thereof from the permanent holders owning or using the water-course in proportion to the areas held by them in the land which is ordinarily irrigated through the water-course.
89-E. Application of sections 89-A to 89-D. – Provisions of sections 89-A, 89-B, 89-C, and 89-D shall, in the first instance, apply to the Madhya Bharat and the Vindhya Pradesh regions, and the State Government may, from time to time, by notification extend their application to such other areas as it may deem fit.”
Section 91. – After clause (d), insert -
“(e) the circumstances in which and the conditions subject to which applications under section 89-B may be made.”
Section 91. – After clause (d), insert –
“(e) the circumstances in which and the conditions subject to which applications under section 89-B may be made. “
27. THE INDIAN TOLLS (CENTRAL PROVINCES AMENDMENT) ACT, 1932 (VIII OF 1932)
Section 1. – In sub-section (2), for “Mahakoshal region” substitute “Madhya Pradesh.”
28. THE CENTRAL PROVINCES AND BERAR LOCAL FUND AUDIT ACT, 1933 (IX OF 1933) Repealed by M.P. Act 43 of 1973.
Section1. – For sub-section (ii), substitute –
“(ii) It extends to and shall be in force in the whole of Madhya Pradesh.”
Section 4. – (1) For “president or chairman” substitute “president, chairman or sarpanch.”
(2) For “by the State Government” substitute “or at such other time as the State Government may direct”.
Section 5. – In clause (c) of sub-section (1) after “chairman” insert “sarpanch”.
Section 13. – After “preferred” occurring for the second time, insert –
“shall be paid within three months of the date of the certificate or order, as the case may be, and if not so paid”.
29. THE CENTRAL PROVINCES MONEY LENDERS ACT, 1934 (XIII OF 1934)
Section 1. – For sub-sections (2) and (3) substitute the following, namely:-
“(2) It extends to and shall be inforce in the whole of Madhya Pradesh.”
Section 2. In clause (ix), omit “or the same Act as applied to Berar”
Section 11-A. – In sub-section (2), omit “or the same Act as applied to Berar”.
Section 11-A.- For Mahakoshal region” substitute “Madhya Pradesh”.
Section 11-J. – Omit “or the Berar Land Revenue Code, 1928”.
Section 13. – In the Explanation omit “and the same Act as applied to Berar”.
30. THE CENTRAL PROVINCES CATTLE DISEASES ACT, 1934 (XVI OF 1934)
Section 1. – For sub-section (2), substitute –
“(2) This Act, except Chapters I and II, extends to and shall be in force in the whole of Madhya Pradesh. Chapters I and II shall be in force in such area in which immediately before the commencement of the Madhya Pradesh Extension of Laws Act, 1958 (XIII of 1958), they were in force in the Mahakoshal region and shall, on such commencement, extend to and be in force in the areas in which the like provisions of the corresponding law were in force in the Madhya Bharat and Vindhya Pradesh regions.
(3) Sections 3 to 9 shall extend to such other area of the State and come into force on such dates as the State Government may, by notification in the Official Gazette, direct”.
31. THE CENTRAL PROVINCES GAME ACT, 1935 (xv OF 1935)
Section 1. – For sub-section (2), substitute –
“(2) It extends to and shall be in force in the whole of Madhya Pradesh and shall apply to the birds and animals which are specified in the Schedule when in their wild state.”
32. THE CENTRAL PROVINCES PROBATION OF OFFENDERS ACT, 1936 (I OF 1936) Repealed by Central Act 20 of 1958
Section 1. – (i) For sub-section (2), substitute the following, namely:-
“(2) It extends to the whole of Madhya Pradesh.
(2-A) 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 Extension of Laws Act, 1958 (XXIII of 1958), and may be brought into force in such other areas and on such dates as the State Government may, by notification in the official Gazette, direct.”
(ii) In sub-section (3), for “Mahakoshal region” substitute “Madhya Pradesh”.
33. THE CENTRAL PROVINCES ADJUSTMENT AND LIQUIDATION OF INDUSTRIAL WORKERS DEBT ACT, 1936 (V OF 1936)
Section 1. – (1) For sub-section (2), substitute the following, namely)-
“(2) It extends to the whole of Madhya Pradesh”.
(2) For sub-section (3), substitute the following, namely:-
“(3) This section shall come into force at once and the remaining provisions shall be in force in all such local areas of Madhya Pradesh in which they were in force immediately before the commencement of the Madhya Pradesh Extension of Laws Act, 1958 (XXIII of 1958) and may be brought into force in any other local area on such date as the State Government may, by notification in the Official Gazette, direct.”
34. THE CENTRAL PROVINCES HIGHWAY ACT, 1936 (XXXIV OF 1936)
Section 1. – For sub-sections (2) and (3), substitute the following, namely:-
“(2) It extends to and shall be force in the whole of Madhya Pradesh.”
Section 2. – For clause (b), substitute the following, namely:-
“(b) “local authority” means a Municipal Corporation, Municipal Committee, Notified Area Committee, Town Committee, District Board, Janapad Sabha, Mandal Panchayat, Gram Sabha, Gram Panchayat, Village Panchayat, or other authority legally entitled to or entrusted by the Government, with the control or management of a municipal or local fund; and includes any authority deemed to be a local authority under any enactment”.
35. THE CENTRAL PROVINCES AGRICULTURAL PESTS AND DISEASES ACT, 1936 (XXXV OF 1936) Repealed by M.P. Act 27 of 1973.
Section 1. – For sub-section (2), substitute –
“(2) It extends to the whole of Madhya Pradesh”.
36. THE CENTRAL PROVINCES CO-OPERATIVE LAND MORTGAGE BANKS ACT, 1937 (I OF 1937) Repealed by M.P. Act 28 of 1966.
Section 1. – (1) In sub-section (2), for “Mahakoshal region” substitute “Madhya Pradesh”.
(2) For sub-section (3), substitute –
“(3) The provisions of this Act, except Chapter VI, shall be in force in the Mahakoshal region and shall come into force in any other region of the State on such date as the State Government may, by notification in the official Gazette, appoint.”
Section 44. – For “the Mahakoshal region” substitute “the State” and for “the Mahakoshal Co-operative Bank, Limited” substitute “the Madhya Pradesh Co-operative Bank, Limited”.
Section 45.- For “Mahakoshal Central Land Mortgage Bank, Limited” substitute “Madhya Pradesh Central Land Mortgage Bank, Limited”.
37. THE CENTRAL PROVINCES AND BERAR FAMINE RELIEF FUND ACT, 1937 (III OF 1937)
Section 1. – For sub-sections (2) and (3) substitute –
“(2) It extends to and shall be in force in the whole of Madhya Pradesh”.
Section 3. – (1) For “this Act” substitute “the Madhya Pradesh Extension of Laws Act, 1958 (XXIII OF 1958)”.
(2) For “Mahakoshal region” substitute “Madhya Pradesh”.
Section 4. – For section 4, substitute-
“4. Investment in the securities of the Central Government.-
(1) The State Government shall, on the commencement of the Madhya Pradesh Extension of Laws Act, 1958 (XXIII OF 1958), invest a sum of forty lakhs of rupees in the securities of the Central Government in the name of the Secretary to the Government of Madhya Pradesh, Finance Department.
(2) Such sum as may fall to the share of this State under section 80 of the States Reorganization Act, 1956 (37 of 1956) from and out of the investments made by the pre-Reorganization State of Madhya Pradesh in the Famine Relief Fund of that State of Shall also be reinvested in the manner provided for in sub-section (1) and shall until so reinvested be taken into account for purposes of determining the balance under section 7.”
Section 5. – (1) For “Mahakoshal region” substitute “Madhya Pradesh”.
(2) For “forty-five” substitute “seventy –five”.
Section 7.- (1) Fro “forty-five” substitute “seventy-five”.
(2) For “four” occurring twice, substitute “Seven”.
38. THE CENTRAL PROVINCES PROTECTION OF DEBTORS ACT, 1937 (IV OF 1937)
Section 1. – For sub-sections (2) and (3), substitute the following, namely:-
“(2) It extends to and shall be in force in the whole of Madhya Pradesh”.
39. THE CENTRAL PROVINCES RECOGNIZED EXAMINATIONS ACT, 1937 (X OF 1937)
Section 1. – For Sub-sections (2) and (3), substitute –
“(2) It extends to and shall be in force in the whole of Madhya Pradesh”.
SCHEDULE.- For the Schedule substitute the following, namely:-
“THE SCHEDULE
(See section 2)
1. High School and Intermediate Examinations of the Mahakoshal, Madhya Bharat and Ajmer Boards of Secondary Education.
2. A University Examination.
3. Cambridge Examination conducted by the Cambridge University Syndicate.
4. Short hand and Type-writing Examinations.
5. Vernacular Middle Examinations.
6. Normal School Certificate Examinations.
7. National Cadet Crops and Auxiliary Cadet Crops Examinations.
8. Industrial Schools Test Trade Course Certificate Examination.
9. Physical Training Certificate Examination.
10. Examinations conducted by the Prayag Mahila Vidya Pitha or Hindi Sahitya Sammelan, Prayag.
11. Examinations conducted by the Registrar of Departmental Examinations, Education Department.”
40. THE CENTRAL PROVINCES PROHIBITION ACT, 1938 (VII OF 1938) Repealed by M.P. Ordinance 9 of 1967 which was repealed by M.P. Act 22 of 1967.
Through out the Act, for “Mahakoshal region,” substitute “State”,
Section 1. –(1) For sub-section (2), substitute –
“(2) It extends to the whole of Madhya Pradesh”.
(2) After clause (i) of sub-section (3), insert –
“(i-a) It shall come into force in the Bhilsa district on the date on which the Madhya Pradesh Extension of Laws Act, 1958 (XXII of 1958) comes into force.”
Section 3. For Clause (i), substitute –
“(i) ‘local body’ means any Municipal Corporation, Municipal Committee ‘Notified Area’ Committee, Town Committee, District Board, Janapada Sabha, Mandal Panchayat, Gram Sabha, Gram Panchayat, Village Panchayat or other local authority legally entitled to, or entrusted by the State Government with the control or management of a municipal or local fund and includes any authority deemed to be a local authority under any enactment.”
Section 68. – Omit clause (e) of sub-section (2).
41. THE CENTRAL PROVINCES AND BERAR INDIAN CONTRACT (AMENDMENT) ACT, 1938 (XV OF 1938)
42. THE CENTRAL PROVINCES AND BARAR INDIAN BAR COUNCILS (AMENDMENT) ACT, 1939 (XXIV OF 1939) repealed by Central Act 25 of 1961.
Long title and preamble.- For “High Court of Judicature at Nagpur” substitute “High Court of Madhya Pradesh”.
43. THE CENTRAL PROVINCES AND BERAR REGULATION OF COUCHING ACT, 1944 (II OF 1944)
Section 1. – For sub-section (2), substitute –
“(2) It extends to and shall be in force in the whole of Madhya Pradesh.”
44. THE CENTRAL PROVINCES AND BERAR SPECIFIED COMMODITIES (CONTROL) ACT, 1946 (XXI OF 1946).
Section 1. – (1) In sub-section (2) for “Mahakoshal region” substitute “Madhya Pradesh”.
(2) In sub-section (3), after “force” insert “in the Mahakoshal region” and after “1946” insert “ and in the other regions of the State on the date on which the Madhya Pradesh Extension of Laws Act, 1958 (XXIII of 1958) comes into force.”
Schedule. – Omit the first two items and in the seventh item omit “cotton seed and”.
45. THE CENTRAL PROVINCES AND BERAR HOME GUARDS ACT, 1947 (XV OF 1947)
Section 1.- (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 the towns of Jabalpur, Sagar, Khandwa, Burhanpur, Raipur, Bilaspur, Chhindwara and Betul and in all such revenue districts of Madhya Pradesh in which this Act or any law corresponding to it was in force immediately before the commencement of the Madhya Pradesh Extension of Laws Act, 1958 (XXIII of 1958) and may be brought into force in any other revenue district or part thereof on such date as the State Government may, by notification in the Official Gazette, appoint.”
Section . -4. In sub-section (2) for “Mahakoshal region” substitute “Madhya Pradesh”,
Section 14. – In clause (b) of sub-section (2), fro “Mahakoshal region” substitute “Madhya Pradesh”.
46. THE CENTRAL PROVINCES AND BERAR SPECIAL POLICE ESTABLISHMENT ACT. 1947 (XVII OF 1947).
Section 1. – For sub-sections (2) and (3), substitute the following, namely:-
“(2) It extends to and shall be in force in the whole of Madhya Pradesh.”
47. THE CENTRAL PROVINCES AND BERAR PROHIBITION OF OBJECTIONABLE ADVERTISEMENTS ACT, 1947 (XXVIII OF 1947) Repealed by M.P. Act 29 of 1965.
Section 1. – For sub-sections (2) and (3), substitute the following, namely:-
“(2) It extends to and shall be in force in the whole of Madhya Pradesh.”
48. THE CENTRAL PROVINCES AND BERAR REFUGES REGISTRATION AND MOVEMENT ACT, 1947 (XXIX OF 1947)
Section 1. – For sub-sections (2) and (3), substitute the following, namely:-
(2) It extends to and shall be in force ‘in the whole of Madhya Pradesh”.
Section 2. – In clause (a) for “the Mahakoshal region” substitute “this State”.
Section 3. - For the “the Mahakoshal region” occurring twice substitute “this State”.
Section 6. – “For the Mahakoshal region” substitute “Madhya Pradesh”.
49. THE CENTRAL PROVINCES AND BERAR COTTON (STATSTICS) ACT, 1947 (XIL OF 1947)
Section 1. – For sub-sections (2) and (3), substitute, -
“(2) It extends to and shall be in force in the whole of Madhya Pradesh.”
Section 2. – For clause (b), substitute –
“(b) ‘Director’ means the Director of Industries and Includes and officer appointed by the State Government to perform any of the functions of the Director under this Act;”
50. THE CENTRAL PROVINCES AND BERAR LAND SURVEY ACT, 1947 (XLII OF 1947)
Section 1. – For sub-sections (2) and (3), substitute the following, namely:-
“(2) It extends to and shall be in force in the whole of “Madhya Pradesh”.
Section 2. – In sub-section (1), for “the Mahakoshal region” substitute “the State”.
Section 3. – Omit “or the Berar Land Revenue Code, 1928”.
51. THE CENTRAL PROVINCES AND BERAR AGRICULTURAL WAREHOUSE ACT, 1947 (I OF 1948)
Section 1. (1) In sub-section (2), for “Mahakoshal region” substitute “Madhya Pradesh”.
(2) For sub-section (3) substitute –
“(3) It shall be in force in the Mahakoshal region and shall come into force in any other regions of the State on such date as the State Government may, by notification in the Official Gazette, appoint.”
Section 15. – For “having their own warehouses” substitute –
“or to warehousing corporations established under the Agricultural Produce (Development and Warehousing) Corporations Act, 1956 (XXVIII of 1956), in relation to warehouses owned and run by such societies and corporations.”
52. THE CENTRAL PROVINCES AND BERAR FISHERIES ACT, 1948 (VIII OF 1948)
Section 1. – (1) For sub-section (2), substitute –
“(2) It extends to and shall be in force in the whole of Madhya Pradesh.”
(2) Omit sub-section (3).
Section 4. – For “Mahakoshal region” substitute “Madhya Pradesh”.
53. THE CENTRAL PROVINCES AND BERAR TUBERCULOSIS SANATORIUM (REGULATION OF BUILDINGS) ACT, 1948 (XII OF 1948)
Section 1. – For sub-section (2) substitute the following, namely:-
“(2) It extends to and shall be in force in the whole of Madhya Pradesh”
Section 7. - In sub-section (1), after “the sanatorium area insert “in the Mahakoshal region” and add at the end “in the said region.”
54. THE CENTRAL PROVINCES AND BERAR REGULATION OF USES OF LAND ACT, 1948 (XLVII OF 1948).
Section 1. – For sub-sections (2) and (3), substitute the following, namely:-
“(2) It extends to and shall be in force in the whole of Madhya Pradesh.”
55. THE CENTRAL PROVINCES AND BERAR ACCOMMODATION (REQUISITON) ACT, 1948 (LXIII OF 1948)
Section 1. – For sub-section (2), substitute the following, namely:-
“(2) It extends to and shall be in force in the whole of Madhya Pradesh.”
56. THE CENTRAL PROVINCE AND BERAR TOWN PLANNING ACT, 1948 (LXVII OF 1948) Now see M.P. Act 23 of 1973, S. 87 (b).
Section 1. – For sub-section (2), substitute the following, namely:-
“(2) It shall extend to and be in force in the whole of Madhya Pradesh except the towns of Gwalior, Indore, Ratlam, Ujjain and Neemuch”.
After section 63, add the following, namely:-
64. Amendment of section 1 and the Schedule to Madhya Bharat Act No.2 of 1956. - In the Madhya Bharat Town Improvement Act, 1956 (Madhya Bharat Act No. 2 of 1956)-
(i) for sub-section (2) and (3) of section 1, the following sub-section shall be substituted, namely:-
“(2) It shall extend and apply to the town specified in the schedule annexed.” and
(ii) in the Schedule, add the following, namely:-
“(5) Neemuch.”
57. THE CENTRAL PROVINCES AND BERAR LOCAL AUTHORITIES CENSUS EXPENSES CONTRIBUTION ACT, 1949 (V OF 1949)
Section 1. – For sub-section (2), substitute the following, namely:-
“(2) It extends to the whole of Madhya Pradesh.”
58. THE CENTRAL POVINCES AND BERAR REFUGEES REHABILITATION (LOANS) Act, 1949 (XIX OF 1949)
Section 1. – For sub-section (2), substitute the following, namely:-
“(2) It extends to and shall be in force in the whole of Madhya Pradesh.”
Section 2. – In clause (h), for “Mahakoshal region” substitute “Madhya Pradesh”.
59. THE CENTRAL PROVINCES AND BERAR RESETTLEMENT AND REHABILITATION OF DISPLACED PERSONS (LAND ACQUISITION) ACT, 1949 (XX OF 1949)
Section 1. – For sub-section (2), substitute the following, namely:-
“(2) It extends to and shall be in force in the whole of Madhya Pradesh.”
60. THE CENTRAL PROVINCES AND BERAR PUBLIC HEALTH ACT, 1949 (XXXVI OF 1949)
Throughout the Act, except section 2, for “Mahakoshal region” substitute “Madhya Pradesh”.
Section 2. For section 2, substitute –
“2. Commencement – (1) The provisions of the Act, except Chapter IX and Part III of Chapter X shall be in force in the whole of Madhya Pradesh.
(2) The provisions of Chapter IX, to such extent as they were in force in any local area of the State immediately before the commencement of the Madhya Pradesh Extension of Laws Act, 1958 (XXIII OC 1958), shall be in force in that area and Government may, from time to time, by notification in the Official Gazette, bring into force all or any of those provisions in any other local area of the State and may cancel or modify such notification.
(3) (a) The provisions of Part III of Chapter X shall be in force in any local area in Mahakoshal region which has been or may hereafter be declared to be a municipality or notified area under the Central Provinces Municipalities Act, 1922 (II of 1922), and shall, on the commencement of the Madhya Pradesh Extension of Laws Act, 1958 (XXIII of 1958) come into force in every local area of any other region of the State which has been or may hereafter be declared to be a municipality or a notified area under any corresponding law in fore in that region.
(b) The provisions of Part III of Chapter X shall be in force in any other local area in which they were in force immediately before the commencement of the Madhya Pradesh Extension of Laws Act, 1958 (XXIII OF 1958), and Government may, from time to time, by notification in the Official Gazette, bring into force these provisions in any other local area of the State and may cancel or modify any such notification”.
Section 3. – (1) Omit clause (14).
(2) For clause (21), substitute the following, namely:-
“(21) ‘local authority’ means any Municipal Corporation, Municipal Committee, Notified Area Committee, Town Committee, District Board, Janapada Sabha, Mandal Panchayat, Kendra Panchayat, Gram Sabha, Gram Panchayat, Village Panchayat or other local authority which may be entrusted by an enactment with the municipal administration of any local area.”
(3) In sub-clause (d) of clause (35), for “any Gram Panchayat” substitute “any other local authority”.
Section 4. – (1) In clause (i) after “Janapada Sabha” insert “or Mandal Panchayat or Town Committee or District Board.”
(2) For clause (k) substitute –
“(k) One member practicing the Ayurvedic or the Unani Systems of Medicine to be elected by such body and in such manner as may be prescribed.”
Section 82. – For “Mahakoshal region” substitute “State”.
61. THE CENTRAL PROVINCES AND BERAR REGULATION OF WATERS ACT, 1949 (XXXVII OF 1949)
Section 1. – In sub-section (2), for “Mahakoshal region” substitute “Madhya Pradesh.”
62. THE CENTRAL PROVINCES AND BERAR RESETTLEMENT AND REHABILITATION OF DISPLACED PERSONS (HOUSE BUILDING MATERIAL ACQUISITION) ACT, 1949 (XLIII OF 1949)
Section 1. For sub-section (2), substitute the following, namely:-
“(2) It extends to and shall be in force in the whole of Madhya Pradesh.”
Section 2. – In clause (a) and in the Explanation for “Mahakoshal region” wherever occurring substitute “Madhya Pradesh.”
63. THE CENTRAL PROVINCES AND BERAR DRUGS (CONTROL) (ACT, 1949) XLVII OF 1949).
Section 1. For sub-section (2), substitute the following, namely:-
“(2) It extends to and shall be in force in the whole of Madhya Pradesh.”
64. THE MADHYA PRADESH LIVE-STOCK IMPROVEMENT ACT, 1950 (XX OF 1950)
Section 1. – For sub-section (2), substitute –
“(2) It extends to the whole of Madhya Pradesh”.
Section 3. In section (1) for “Mahakoshal region” substitute “State”
65. THE MADHYA PRADESH HOUSING BOARD ACT, 1950 (XLIII OF 1950) REPEALED BY M.P. ACT 3 OF 1973.
Throughout the Act for “Corporation Municipality or Janapada” substitute “Corporation, Improvement Trust, Municipality, Janapada, Mandal Panchayat, District Board or Town Area Committee.”
Section 1. (1) – In sub-section (2) for “Mahakoshal region” substitute “Madhya Pradesh.”
(2) For sub-section (3) substitute –
“(3) It shall be in force in the Mahakoshal region and shall come into force in all other regions of the State on such date as the State Government may, by notification in the Official Gazette, specify.”
After section 1, insert the following, namely:-
“I-A Consequences to ensure from specified date. (1) With effect from the date specified under sub-section (3) of section 1, the following provisions shall have effect, namely:-
(a) the Madhya Pradesh Statutory Bodies (Regional Constitution) Act, 1956 (XVII OF 1956) shall, so far as it relates to this Act, stand repealed;
(b) the Mahakoshal Housing Board shall cease to function and the Madhya Pradesh Housing Board shall be established under section 3 for the whole of Madhya Pradesh;
(c) all assets and liabilities of the Mahakoshal Housing Board shall belong to and be deemed to be the assets and liabilities of the Madhya Pradesh Housing Board;
(d) all employees belonging to and under the control of the Mahakoshal Housing Board shall be deemed to be employees of the Madhya Pradesh Housing Board:
Provided that the terms and conditions of service of such employees shall not, until altered by a competent authority, be less favourable than those admissible to them before such date;
(d) All regulations and bye-laws of the Mahakoshal Housing Board and in force immediately before such date shall, unless modified in the accordance with the provisions of this Act, be deemed to be the regulations and bye-laws of the Madhya Pradesh Housing Board and the said regulations and bye-laws shall be construed with such alterations not affecting the substance as may be necessary or proper in the context of the Madhya Pradesh Housing Board;
(f) all things done and action taken by the Mahakoshal Housing Board in relation to the jurisdiction or business of that Board out see copy shall, so far as may be, deemed to be things done or action taken by the Board established under section 3 and all such things done and action taken shall be construed as if they were done or taken under a repealed Act”.
Section 2. – After clause (3), insert the following namely:-
“(4) ‘Improvement Trust’ means a Trust established under the Madhya Bharat Town Improvement Act, 1956 (II of 1956)”.
Section 3. – (1) For sub-section (1), substitute –
“(1) With effect from the date specified under sub-section (3) of section 1, there shall be established a Board by the name of the Madhya Pradesh Housing Board”.
(2) After sub-section, (1), insert the following, namely:-
“(1-A) For the removal of doubts hereby it is declared that the Mahakoshal Housing Board, as constituted under the Madhya Pradesh Statutory Bodies (Regional Constitution) Act, 1956 (XVII of 1956), shall continue to function under this Act till the commencement of the date specified under sub-section (3) of section 1;
Provided that any casual vacancy of a member occurring in the Mahakoshal Housing Board shall be filled as early as practicable as if the Madhya Pradesh Extension of Laws Act, 1958 (XXIII of 1958) had not been passed”.
Section 4. – In sub-section (1),
(1) For the word “sixteen” substitute “seventeen”
(2) In clauses (j), (k) and (m) for the words “in the Mahakoshal region” substitute “in the State”
(3) After clause (k) insert the following, namely:-
“(1) one person representing the Improvement Trusts”.
Section 17. – To sub-section (2), add the following proviso, namely:-
“Provided that if the State Government so directs before the date referred to in sub-section (1), the housing scheme in the programme shall include any matter which in its opinion it is necessary to provide for and execute on a basis of priority.”
66. THE MADHYA PRADESH CRIMINAL PROCEDURE CODE (AMENDMENT) ACT 1950 (L OF 1950) PRINCIPAL ACT REPEALED BY CENTRAL ACT 2 OF 1974.
Section 2. – (1) In clause (a) for “section 509” substitute “each of the sections 506 and 509.”
(2) In clause (b) for “section 510” substitute “each of the sections 507 and 510.”
67. THE INDIAN ELECTRICITY (MADHYA PRADESH AMENDMENT) ACT, 1951 (XVII OF 1951).
68. THE MADHYA PRADESH DHARMADAYA FUNDS ACT, 1951 (XVIII OF 1951)
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 Extension of Laws Act, 1958 (XXIII of 1958) and shall come into force in such other areas and on such dates as the State Government may, by notification in the Official Gazette, direct in this behalf:
Provided that nothing contained in this Act shall apply to any area in “which the Madhya Bharat Goshala Act, 1953 (4 of 1953) is in force.”
Section 5. – To sub-section (1), add the following proviso, namely:-
“Provided that where a maintainer makes any collections in the name of a Goshala registered under the Madhya Bharat Goshala Act, 1953 (4 of 1953) he shall pay all such collections to the trustee of Goshala in accordance with the provisions of the said Act.
69. THE MADHYA PRADESH HOMOEOPATHIC AND BIOCHEMIC PRACTITIONERS ACT, 1951 (XXVI OF 1951) REPEALED BY MADHYA PRADESH ACT 19 OF 1975.
Section 1. – For sub-section (3), substitute –
“(3) It shall be in force in the Mahakoshal region and shall come into force in all other regions of the State on such date as the State Government may, by notification in the Official Gazette, appoint.
(4) On the date appointed under sub-section (3), the Madhya Pradesh Statutory Bodies (Regional Constitution) Act, 1956 (XVII of 1956) shall, so far as it relates to this Act, stand repealed.
(5) As from the date appointed under sub-section (3) the following provisions shall have effect, namely:-
(a) the Mahakoshal Board of Homoeopathic and Biochemic Systems of Medicine shall stand dissolved;
(b) all assets and liabilities of the Mahakoshal Board of Homoeopathic and Biochemic Systems of Medicine shall belong to and be deemed to be the assets and liabilities of the Board established under section 3;
(c) all employees belonging to and under the control of the Mahakoshal Board of Homoeopathic and Biochemic systems of Medicine shall be deemed to be the employees of the Board established under section 3:
Provided that the terms and conditions of service of such employees shall not, until altered by a competent authority, be less favour able than those admissible to them before such date;
(d) all regulations and bye-laws of the Mahakoshal Board of Homoeopathic and Biochemic Systems of Medicine and in force immediately before such date shall, unless modified in accordance with the provisions of this Act, be deemed to be the regulations and bye-laws of the Board established under section 3 and the said regulations and bye-laws shall be construed with such alterations not affecting the substance as may be necessary or proper in the context of the Board established under section 3;
(e) all things done and action taken by the Mahakoshal Board of Homoeopathic and Biochemic Systems of Medicine in relation to the jurisdiction or business of that Board shall, so far as may be, deemed to be things done or action taken by the Board established under section 3, and all such things done and action taken shall be construed with such alterations as if they were done or taken under a repealed Act.”
Section 16. – In sub-section (2), -
(i) After the words “every person” insert “practicing in the State the Homeopathic or Biochemic System of Medicine”.
(ii) For “first day of January 1951” substitute “date appointed under sub-section (3) of section I”.
(iii) For “1956” substitute “1962”.
(iv) At the end of sub-section (2), insert the following:-
“Provided that the name of every person who has been registered under this Act prior to the date appointed under sub-section (3) of section 1, shall, unless removed in accordance with the provisions of the Act, remain entered in the register.”
Section18. – (1) In sub-section (1) for “ the first day of January 1951,” substitute –
“the date appointed under sub-section (3) of section 1”.
(2) For sub-section (2), substitute –
“(2) The list prepared under sub-section (1) shall contain the names of practitioners in the Mahakoshal region registered under this Act prior to the date appointed under sub-section (3) of section 1. Any Practitioner of the State desirous of getting his name incorporated in the list referred to in sub-section (1), shall submit an application in the prescribed form together with the prescribed fee to the Registrar within four years from the date appointed under sub-section (3) of section 1.”
Section 20. – In sub-section (1) for “in any of the languages of the Mahakoshal region” substitute “in Hindi”.
70. THE MADHYA PRADESH PUBLIC TRUSTS ACT, 1951 (XXX OF 1951)
Section 1. – For sub-sections (2) and (3), substitute the following, namely:-
“(2) It extends to the whole of Madhya Pradesh.
(3) This section shall come into force at once and sections 2 to 38 shall be in force in the Mahakoshal region, and shall come into force in the other regions of the State on such date, as the State Government may, by notification in the Official Gazette, direct.”
Section 2. – In clause (9) for “Mahakoshal region” substitute “Madhya Pradesh.”
Section 4. – In item (v) of sub-section (3), for “in the Mahakoshal region” substitute “in the State”.
Section 36. – For sub-section (1), substitute –
“(1) Nothing contained in this Act shall apply to-
(a) a public trust administered by any agency acting under the control of the State or by any local authority ;
(b) a public trust administered under any enactment for the time being in force ; and
(c) a public trust to which the Muslim Wakfs Act, 1954 (29 of 1954) applies”.
71. THE MADHYA PRADESH GOVERNMENT PREMISES (EVICTION) ACT, 1952 (XVI OF 1952) REPEALED BY M.P. ACT 46 OF 1974.
Section 1. – For sub-section (2), substitute the following, namely:-
“(2) It extends to and shall be in force in the whole of Madhya Pradesh.”
72. THE MADHYA PRADESH CINEMAS (REGULATION) ACT, 1952 (XVII OF 1952)
Section 1. – For sub-sections (2) and (3), substitute the following, namely:-
“(2) It extends to and shall be in force in the whole of Madhya Pradesh.”
Section 4. – For “The Mahakoshal region”, substitute “the State”.
Section 6. – In sub-section (1) for “whole of the Mahakoshal region” substitute, “whole State”.
Section 9. - After clause (c) add –
“(d) any other matter which is to be or may be prescribed.
73. THE INDIA LUNACY (MADHYA PRADESH AMENDMENT) ACT, 1952( (XXIII OF 1952)
74. THE MADHYA PRADESH SALE OF KHADDAR ACT, 1953 (X OF 1953)
Section 1. – For sub-section (3), substitute –
“(3) It shall be in force in the Mahakoshal region and shall come into force in all other regions of the State on such date as the State Government may, by notification in the Official Gazette, appoint.”
Section 3. – In sub-section (1), -
(1) for “three” substitute “four”, and
(2) after clause (b), insert –
“(b-1) One member to be nominated by the State Government to represent the Khadi and Village Industries Boards exercising jurisdiction in the State”.
Section 5. – In sub-section (1), for clause (a) or clause (b) “substitute” clause (a) clause (b) or clause (b-1);
75. THE MADHYA PRADESH ANATOMY ACT, 1954 (XVI 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 Extension of Laws Act, 1958 (XXIII of 1958) and shall come into force in such other areas and on such dates as the State Government may, by notification in the Official Gazette, direct”.
76. THE MADHAY PRADESH COTTON CONTROL ACT, 1954 (XVII OF 1954)
Section 1. – For sub-section (2), substitute –
“(2) It extends to the whole of Madhya Pradesh”.
Section 6. – (1) In sub-section for “Mahakoshal region” wherever it occurs, substitute –
“Madhya Pradesh”.
(3) In sub-section (4) for “the Mahakoshal region” substitute “the State of Madhya Pradesh”.
After section 12, insert the following:-
“12-A. Composition of offence. – (1) Any Gazette Officer of the Agriculture Department authorized in this behalf by the State Government may, on acceptance of such sum as may be prescribed, compound any offence under this Act or the rules made thereunder.
(2) On the composition of the offence under this section no further action in respect thereof shall be taken against the person accused of it and if any proceedings in respect of that offence have already been instituted against such person in any Court, the composition shall have the effect of his acquittal thereof”.
77. THE MADHYA PRADESH RESETTLEMENT OF DISPLACED LAND HOLDERS (LAND ACQUISITION) ACT, 1954 (XXII OF 1954)
Section 1. – For sub-section (2), substitute –
“(2) It extends to the whole of Madhya Pradesh.”
78. THE MADHYA PRADESH NATIONAL PARKS ACT, 1955 VII 5 OF 1955)
Section 1. – (1) For sub-section (2), substitute –
“(2) It extends to and shall be in force in the whole of Madhya Pradesh.”
(3) Omit sub-section (3).
Schedule . – Add at the end –
“Sheopuri National Park,
(S.S.P. stands for Survey Station Pillar.)
North. – From S.S.P. No. 296 toS.S.P. No. 361 along the boundaries of villages Budhawari and Bara and the demarcation line of the Satanwada blocks.
East. – From S.S.P. No. 361 along the demarcation line up to S.S.P.No. 376; and from the Satanwada block and S.S.P. No. 376 to S.S.P. No.376 to S.S.P. No. 1 and from S.S.P. No. 1 to S.S.P. No.18 along the demarcation boundary line of the Satanwad block; and from S.S.P. No. 18 to S.S.P. No. 20 along the Bombay-Agra road and the demarcation line of the Mamoni block; and from S.S.P. No. 20 to S.S.P. No. 25 along the demarcation of the Mamoni block; and from S.S.P. No. 25 to S.S.P. No. 26 the line along the whole of Murakho Nalena; and from the S.S.P No. 26 to S.S.P No. 65 along the demarcation line of the Mamoni block; and from S.S.P. No, 65 to S.S.P. No. 76 along the demarcation line of the Mamoni block; and from S.S.P. No.65 to S.S.P. No. 76 to S.S.P. No. 80 along the Raisingh road; and from S.S.P. No. 80 to S.S.P. No. 86 along Sheopuri-Jhansi road; and from S.S.P. No. 86 to S.S.P.No. 100 along the bank of the Madhav lake channel so as to exclude the Madhav lake and along the demarcation line of the Chironji block; and from S.S.P. No. 100 to S.S.P. No. 123 along the demarcation line of the Chironji block.
South . - From S.S.P. No. 123 to S.S.P. No. 147 along the cut line of the Chironji block.
West. – From S.S.P. No. 140 to S.S.P. No. 147 along the cut line of the Chironji block; and from S.S.P. No. 147 to S.S.P. No. 148 along the demarcation line of the Chironji block and from S.S.P. No. 148 to S.S.P. No. 167 along the demarcation line of Ludhawali block; and from S.S.P. No. 167 to S.S.P. No. 169 along the cut line of the Ludhawali block up to the rear of the Hailey block; and from S.S.P. No. 169 to S.S.P. No. 182 along and inclusive of the Johnston road; and from S.S.P. No. 182 to S.S.P. No. 186 along the fire line and the common boundary of the Ludhawali and the Chironji blocks; and from S.S.P. No. 186 to S.S.P. No. 193 along the Sheopuri-Jhansi road and the Chironji block lines; and from S.S.P. No. 193 to S.S.P. No. 199 across the Karbala bridge along the road; and from S.S.P. No. 199 to S.S.P. No. 206 along the cut line from rear of the Forest Training School; and from S.S.P. No. 206 to S.S.P. No. 210 along the Juju baba road and the Mamoni block line; and from S.S.P. No. 210 to S.S.P. No. 213 along the side of the Raghunath Dinkar Rao road; and from S.S.P. No. 213 to S.S.P. No. 235 along the demarcation of the Mamoni block line; and from S.S.P. No.235 to S.S.P. No. 250 up to Chak Kathmai along the internal line of the forest village; and from S.S.P. No. 250 to S.S.P. No. 255 along the Bombay-Agra road and the Mamoni block line; and from S.S.P. No. 255 to S.S.P. No. 269 along the demarcation line of the Satanwada block; and from S.S.P. No. 269 to S.S.P. No. 276 along the cut line of the Mudhari Jagir forest; and from S.S.P. No. 276 to S.S.P. No. 296 along the Satanwada block demarcation line-the western boundary line passes along the boundaries of the villages Badagaon, Ludhawali forest village Sheopuri, Thakupura, Chak Kathmai forest village, Jinega and Amarloha.”
PART B
1. PAYMENT OF WAGES ACT, 1936 (IV OF 1937)
Section 2. – In clause (vi), -
(i) Omit “and” occurring after “so payable”;
(ii) after “the termination of his employment” insert “any retrenchment compensation, lay off compensation, gratuity payable under any statute or otherwise and any sum payable under or in accordance with an award of any Tribunal or Court constituted under the Industrial Disputes Act, 1947 (XIV of 1947), the Bombay Industrial Relations Act, 1947, as adopted in the Madhya Bharat region and the Central Provinces and Berar Industrial Disputes Settlement Act, 1947 (XXIII of 1947)”
(iii) in sub-clause (d) omit “or” occurring after the word “employment” and
(iv) omit “sub-clause (e)”.
Section 7. – In clause (1) of sub-section (2), after the words “Post Office Cash Certificates” insert “and” omit “etc”. occurring at the end.
2. THE MADHYA BHARAT VILLAGE REFUSE (CONVERSION INTO MANURE) ACT, 1951 (3 OF 1951)
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 villages in Madhya Pradesh to which it had been applied immediately before the commencement of the Madhya Pradesh Extension of Laws Act, 1958 (XXIII of 1958) and may be applied to any other village on such date as the State Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different villages.”
3. THE MADHYA BHARAT GOSHALA ACT, 1953 (4 OF 1953)
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 Extension of Laws Act, 1958 (XXIII of 1958) and shall come into force in any other areas on such date as the State Government may, by notification in the Official Gazette appoint, and different dates may be appointed for different areas.”
Section 2. – (1) For clause (b), substitute the following, namely:-
(b) ‘Director’ means the Director of Veterinary Services, Madhya Pradesh, and includes any officer appointed by the State Government to perform the functions of the Director under this Act.”
(2) In clause (c) for “Madhya Bharat Goshala Federation” substitute “Madhya Goshala Federation”.
Section 3. – For “Madhya Bharat region” substitute, State of “Madhya Pradesh” and for “The Madhya Bharat Region Goshala Federation” substitute “The Madhya Pradesh Goshala Federation.”
Section 9.- (1) In sub-section (1) for the words beginning with “and twentyfive percent” and ending with “Katauti and Lag” substitute “by way of Dharmadaya, Punya Khata, Khatauti or Lag.”
(2) For sub-section (3), substitute the following, namely:-
“(3) No person shall collect any money or accept any subscription in the name of a Goshala unless –
(i) such Goshala is registered under this Act; and
(ii) such person has obtained a certificate in accordance with the provisions of section 4 of the Madhya Pradesh Dharmadaya Funds Act, 1951 (XVIII of 1951).”
Section 19. – After section 19, insert –
“19-A. Provisions of the Act not in derogation of Madhya Pradesh Act XVIII of 1951. – The provisions of this Act shall be in addition to and not in derogation of the Madhya Pradesh Dharmadaya Funds Act, 1951 (XVIII of 1951).”
4. THE OPIUM (MADHYA BHARAT AMENDMENT) ACT, 1955 (15 OF 1955)
Throughout the Act for “Madhya Bharat region” and “Rajpramukh of Madhya Bharat” wherever occurring, substitute “Madhya Pradesh” and “Governor of Madhya Pradesh” respectively.
Section 9.H- For “shall be guilty” substitute “is again convicted.”
5. THE MADHYA BHARAT ACCOMMODATION CONTROL ACT, 1955 (23 OF 1955) REPEALED BY M.P. Act 41 OF 1961.
Section 1. – For sub-section (2), substitute the following, namely:-
“(2) It extends to the whole of Madhya Pradesh.
(2-A) It shall, subject to the provisions of section 6, be in force in all such places of Madhya Pradesh in which it was in force immediately before the commencement of the Madhya Pradesh Extension of Laws Act, 1958 (XXIII of 1958) and shall come into force on the commencement of the said Act in the areas in which any corresponding law repealed by section 6 of the said Act was in force, and may be brought into force in any other areas on such date as the State Government may, from time to time by notification in the Official Gazette, direct.”
Section 2. – In sub-section (2) omit “and”
Section 5. – In clause (a) of sub-section (1) after “rent deed” substitute “agreement”.
6. THE MADHYA BHARAT SLUM IMPROVEMENT (ACQUISITION OF LAND) ACT, 1956 (32 OF 1956) REPEALED BY M.P. ACT 39 OF 1976
Throughout the Act for “Government” substitute “State Government”.
Section 1. – (1) For sub-section (2), substitute-
“(2) It extends to the whole of Madhya Pradesh.”
(2) For sub-section (3), substitute –
“(3) It shall come into force in all the cities and towns of Madhya Pradesh having a population of more than five thousand on such date as the State Government may by notification in Official Gazette, appoint.”
Section 3. – (1) In sub-section (1) after word “area” occurring for the first time and before the word “is” following immediately, insert –
“to which this Act applies”.
(2) In sub-section (2) for “any land in a slum area” substitute “any land in a slum area or its vicinity”. |
