The Government of Madhya Pradesh on January 07, 2025, issued the Madhya Pradesh Jan Vishwas (Amendment of Provisions) Act, 2024 to amend certain enactments for decriminalising and rationalising offences and to further enhance trust based governance for ease of living and doing business.
The following amendments have been stated:
• In Madhya Pradesh Vidyut Shulk Adhiniyam, 2012, in Section 11 which states Penalties, for the words "he shall be punishable with fine which may extend to five thousand rupees", the words "then he shall be imposed with a penalty of rupees five thousand", shall be substituted.
In Madhya Pradesh Asangathit Karmkar Kalyan Adhiniyam, 2003, after Section 36 which states the Penalty for other offences, the Section 36-A shall be inserted in Chapter VII, namely:-
"36-A. Composition of offence.-(1) An officer not below the rank of Labour Officer, if so authorized by the Labour Commissioner by noti- fication, may either before or after the institution of proceedings under this Act, permit any person charged with an offence to breach of Sections 35 and 36 of this Act to compound the offence on payment of such sum as may be prescribed by the said notification.
(2) On payment of amount of any contribution, duty, tax, cess and legal dues towards the employee under the Act, if any, and on payment of such amount of compounding, as provided under sub-section (1) by the authorized officer, -
(a) the offender shall not be liable to any prosecution; and
(b) if any such proceeding has already been instituted against any person as aforesaid, such person shall be discharged of such proceeding.".
• In Madhya Pradesh Co-operative Societies Act, 1960, in Section 59-A, for sub-section (2), the following sub-section shall be substituted, namely:-
"(2) If any such person refuses to produce before the Registrar or any person authorized by him under sub-section (1) of Section 59 any book or papers which it is his duty under sub-section (1) to produce or to answer any question which is put to him by the Registrar or the person authorized by the Registrar in pursuance of sub- section (1). the Registrar or the person authorised by the Registrar may certify the refusal and the Registrar may, after hearing, any statement which may be offered in defense impose a penalty not exceeding fifty thousand rupees to the defaulter.".
• In Madhya Pradesh Industrial Relations Act, 1960, after Section 93 which states the Penalties for offences not provided for elsewhere, the following Section shall be added in Chapter XIV, namely:-
"93-A.Composition of offence (1) An officer not below the rank of Labour Officer, if so authorised by the Labour Commissioner by notification, may either before or after the institution of proceedings under this Act, permit any person charged with an offence to breach of Sections 86, 87, 88, 89, 90, 91, 92 and 93 of this Act to compound the offence on payment of such sum as may be prescribed by the said notification.
(2) On payment of amount of any legal dues towards the employee under the Act, if any, and on payment of such amount of compounding, as provided under sub-section (1) by the authorized officer,-
(a) the offender shall not be liable to any prosecution; and
(b) if any such proceeding has already been instituted against any person as aforesaid, such person shall be discharged of such proceeding.".
• In Madhya Pradesh Nagar Tatha Gram Nivesh Adhiniyam, 1973, in Section 77, sub-section (2) shall be omitted.
• In Madhya Pradesh Society Registrikaran Adhiniyam, 1973, after Section 39 which states the Penalty for contravention, the following new Section shall be inserted, namely:-
"39-A.Composition of offence. (1) In the event of a contravention of sub-section (4) of Section 16, Section 38, and Section 39 of this Act, the Registrar may, upon payment of a sum of two thousand five hundred rupees by the defaulting society/office bearer/person, permit the compounding of the said contravention under the aforementioned sections.
(2) On payment of the compounding amount as specified under sub-section (1), the defaulting society/office bearer/ person shall be absolved of the said contravention under the aforementioned sections and shall not be liable for prosecution.".
It shall come into force on such date as the Government of Madhya Pradesh may, by notification in the Official Gazette, appoint; and different dates may be appointed for amendments relating to different enactments mentioned in the Schedule.
[Notification No. 455-1-Twenty-one A (Pvt.)]
