Bombay act 015 of 1959 : Prisoners (Bombay Extension and Amendment) Act, 1958

Preamble

Prisoners (Bombay Extension and Amendment) Act, 19581

[Bombay Act No. 15 of 1959][16th March, 1959]

An Act to extend the Prisoners Act, 1900, to the rest of the State of Bombay, for that and certain other purposes further to amend that Act, and to repeal corresponding laws in force to any part of the State.

Whereas the Prisoners Act, 1900 (III of 1900), does not extend to those areas of the State which immediately before the 1st day of November 1956 were comprised in Part B States;

And Whereas in those areas, now forming the Hyderabad area and the Saurashtra area of the State of Bombay, the Hyderabad Prisoners Act, 1954 (Hyd. XXV of 1954), and the Prisoners Act, 1900 (III of 1900), as adapted and applied by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948 (Sau. Ord. XXV of 1948), are respectively in force;

And Whereas it is expedient that, the Prisoners Act, 1900, as in force in the pre-Reorganisation State of Bombay excluding the transferred territories be extended to and brought in force in the rest of the State, and for that and certain other purposes the aforesaid Act be further amended, and in consequence whereof the corresponding laws aforesaid be repealed; It is hereby enacted in the Ninth Year of the Republic of India as follows:-

1 For Statements of Objects and Reasons, see Bombay Government Gazette, 1958, Part V, p. 622.

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Prisoners (Bombay Extension and Amendment) Act, 1958.

(2) It shall come into force on such date1 as the State Government may, by notification in the Official Gazette, appoint.

1 This Act came into force on the 1st day of June 1959. (vide G.N., H.D., No. SRC. 1067/65054-IV, dated the 28th May 1959).

Section 2. Extension of Act III of 1900 to Hyderabad and Saurashtra areas of Bombay State and repeal of corresponding laws

2. Extension of Act III of 1900 to Hyderabad and Saurashtra areas of Bombay State and repeal of corresponding laws.- The Prisoners Act, 1900 (III of 1900), as in force immediately before the commencement of this Act in the pre-Reorganisation State of Bombay (excluding the transferred territories), is hereby extended to, and shall by virtue of such extension be in force also in the Hyderabad and Saurashtra areas of the State of Bombay; in consequence whereof the laws corresponding thereto, that is to say, the Hyderabad Prisoners Act, 1954 (Hyd. XXV of 1954), in its application to the Hyderabad area of the State, and the Prisoners Act, 1900 (III of 1900), as adapted and applied to the Saurashtra area of the State by the State of Saurashtra (Application of Central and Bombay Acts) Ordinance, 1948 (Sau. Ord. XXV of 1948), shall both stand repealed.

Section 3. Extension of provisions of Bom. VII of 1949 to Kutch and Vidarbha areas of Bombay State

3. Extension of provisions of Bom. VII of 1949 to Kutch and Vidarbha areas of Bombay State.- The provisions of sections 2 to 10 (both inclusive) of the Prisoners (Bombay Amendment) Act; 1949 (Bom. VII of 1949), which amend the Prisoners Act, 1900 (III of 1900), in its application to the pre-Reorganisation State of Bombay, are hereby extended to, and shall be in force also in the Kutch, area and the Vidarbha region of the Bombay State; and the Prisoners Act, 1900 (III of 1900), shall be deemed to be amended accordingly also in relation to that area and region of the State.

Section 4. Amendment of Section 1 of Act III of 1900

4. Amendment of Section 1 of Act III of 1900.- In the Prisoners Act, 1900, in its application to the State of Bombay, in sub-section (2) of Section 1, after the words and letter "comprised in Part B States" the words "other than the Hyderabad and Saurashtra areas of the State of Bombay" shall be added.

Section 5. Savings

5. Savings.- The repeal, by virtue of Section 2 of this Act, of the Hyderabad Prisoners Act, 1954 (Hyd. XXV of 1954), and of the Prisoners Act, 1900 (III of 1900), as adapted and applied to the Saurashtra area of the State, shall not affect-

(a) the previous operation of any of the Acts so repealed; or

(b) any right, privilege, obligation or liability acquired or accrued or incurred under any of the Acts so repealed:

Provided that anything done or any action taken under any of the Acts so repealed, shall be deemed to have been done or taken under the corresponding provisions of the Prisoners Act, 1900 (III of 1900), as extended and amended by this Act, and shall continue to have effect accordingly, unless and until it is superseded by anything done or any action taken under that Act as extended and amended by this Act.