RAJASTHAN
PREVENTION OF MRITYU BHOJ ACT, 1960 THE RAJASTHAN PREVENTION OF MRITYU BHOJ ACT, 1960 [Act No. 01 of 1960] [03rd February, 1960] An Act to
provide for the prevention of MrityuBhoj. Whereas it is expedient in
the interest of the general public to provide for the prevention of the holding of MrityuBhoj in the
State of Rajasthan; Be it enacted by the
Rajasthan State Legislature in the Tenth Year of the Republic of India as
follows:-- (1)
This Act may be called the Rajasthan Prevention of MrityuBhoj Act,
1960. (2)
It extends to the whole of the State of Rajasthan. (3)
It shall come into force at once. In this Act, unless the
subject or context otherwise requires,-- (a)
"MrityuBhoj" means a feast held or given on the occasion
of, or in connection with, the demise of a person after any time or at any
intervals, and includes a Nukta, a Mosar and a Chahallum, and (b)
"holding or giving MrityuBhoj" includes the distribution
of articles of food, prepared or unprepared, but does not include the feeding
of the family people or persons of the priestly order or faqirs in pursuance of
the performance of religious or secular rites, not exceeding in the aggregate
one hundred persons in number. No person shall hold or
give or join or take part in aMrityuBhoj in the State. Whoever commits a
contravention of the provisions of section 3 or instigates, abets or assists
the commission of any such contravention shall be punishable with imprisonment
of either description for a term which may extend to one year, or with fine
which may extend to one thousand rupees, or with both. If a court competent to
take cognizance of an offence punishable under section 4 is satisfied that a
MrityuBhoj in contravention of the provisions of this Act has been arranged or
is about to be held or given such court may issue an injunction prohibiting the
holding or giving of such MrityuBhoj. Whoever, knowing that an
injunction has been issued under section 5, disobeys such injunction shall be
punishable with imprisonment of either description for a term which may extend
to one year, or with fine which may extend to one thousand rupees, or with
both. (1)
The Sarpanch and every Panch of a Gram Panchayat established under
the Rajasthan Panchayat Act, 1953 (Rajasthan Act 21 of 1953) and every patwari
and lambardar shall be bound to communicate forthwith to the nearest magistrate
competent to take cognizance of an offence punishable under section 4 or
section 6 any information which he may possess respecting the commission of, or
intention to commit, such offence, within the local limits of his jurisdiction. (2)
Any such Sarpanch, Panch, patwari or lambardar failing to give the
information required by sub-section (1) to communicate shall be punishable with
imprisonment of either description for a term which may extend to three months,
or with line, or with both. (1)
No person shall borrow from, or lend to, any other person money or
materials for the purpose of holding or giving aMrityuBhoj. (2)
Every agreement for the repayment of a loan advanced with the
knowledge or having reason to believe that the loan so advanced will be
utilised for the purpose of the holding or giving of aMrityuBhoj shall be void
and not enforceable in a court of law. No court other than that of
a magistrate of the first class shall take cognizance of, or try, any offence
punishable under this Act. No court shall take
cognizance of any offence under this Act after the expiry of one year from the
date on which the offence is alleged to have been committed. (1)
The State Government may make rules for the purpose of carrying
into effect the provisions of this Act. (2)
All rules made under this section shall, as soon as may be after
they are made, be laid for not less than fourteen days before the House of the
State Legislature and shall be subject to such modifications, whether by way of
repeal or amendment, as the House may make during the session in which they are
so laid. The Jaipur Prevention of
Funeral Feasts Act 1947 (Jaipur Act LI of 1947) and other corresponding laws in
force in any part of the State are hereby repealed. (1) After
clause (1) of section 11 of the Rajasthan Panchayat Act, 1953 (Rajasthan Act 21
of 1953), the following new clause shall be inserted, namely:-- "(m) has been
convicted of an offence punishable under the Rajasthan Prevention of MrityuBhoj
Act, 1960". (2)
In clause (ii) of the proviso to the said section of the said
Act,-- (i)
the word 'and' occurring between the brackets and letters '(g)'
and '(i)' shall be deleted, and (ii)
after the brackets and letter '(i)', the word, brackets and letter
"and (m)" shall be inserted.
Preamble - RAJASTHAN PREVENTION OF MRITYU BHOJ ACT, 1960PREAMBLE