Gujarat act 008 of 1954 : The Gujarat Separation of Judicial and Executive Functions ( Supplementary) Act, 1954.

Date: 10 Feb 1954

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Bombay Separation of Judicial and Executive Functions ( Supplementary) Act, 1954.

[1954 : Bom. VIII

GOVERNMENT OF GUJARAT

LEGISLATIVE PARLIAMENTARY AFFAIRS DEPARTMENT

BOMBAY ACT NO. VIII OF 1954

The Bombay Separation of Judicial And Executive Functions (Supplementary) Act, 1954

(As modified upto the 31st October, 2006)

THE BOMBAY SEPARATION OF JUDICIAL AND EXECUTIVE FUNCTIONS

(SUPPLEMENTARY) ACT, 1954.

....................................

CONTENTS

PREAMBLE PAGE

NO.

SECTIONS.

1. Short title. 1

2. Amendments to enactments. 1

3. Amendments not to render invalid notifications, orders, etc., 1 issued before commencement of Act.

4. Saving. 2

SCHEDULE.

BOMBAY ACT NO. VIII OF 1954.¹

[The Bombay Separation of Judicial and Executive Functions (Supplementary) Act,

1954]

[10th February, 1954]

An Act to supplement the provisions of the Bombay Separation of Judicial and Executive Functions Act, 1951.

Whereas it is expedient to supplement the provisions of the Bombay Separation of Judicial and Executive Functions Act, 1951; It is hereby enacted as follows :-

1 . This Act may be called the Bombay Separation of Judicial and Executive Functions (Supplementary) Act, 1954. 2. The Central Acts specified in Parts I and II of the Schedule appended to this Act (hereinafter called the Schedule) in their application to the State of Bombay and the Bombay Acts specified in Part III of the Schedule are hereby amended to the extent mentioned in the fourth column of the Schedule. 3. The provisions of this Act which amend any Act specified in the Schedule so as to alter the manner in which, the authority by which or the law under or in accordance with which, any powers are exercisable, shall not render invalid any notification, order, commitment, attachment, by-law, rule or regulation duly made or issued or anything duly done before the commencement of this Act; and any such notification, order, commitment, attachment, by-law, rule or regulation or thing may be revoked, varied or undone in the like manner, to the like extent and in the like circumstances, as if it had been done after the commencement of this Act by the competent authority and in accordance with the provisions then applicable to such a case. 4. (1) Save as provided in this section, nothing in this Act shall be demed to affect - (a) the validity, invalidity, effect or consequence of anything done or suffered to be done in an area before the date on which the provisions of this Act come into force in such area; (b) any right, privilege, obligation or liability already acquired, accrued or incurred before such date; (c) any penalty, forfeiture or punishment incurred or inficted in respect of any act before such date; (d) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, penalty, forfeiture or punishment; and any such investigation, legal proceeding or remedy may be instituted, continued, or enforced and any such penalty, forfeiture or punishment may be imposed in accordance with the provisions of the relevant enactments as amended by this Act. Bom. XXIII of 1951. Short title. Ammendments to enactments. Ammendments not to render invalid notifications,ord ers,etc.,issued before commencement of Act. Saving.

(2) All legal proceeding pending before a Magistrate or Court on the date on which this Act comes into force shall, if such Magistrate or Court ceases to have jurisdiction in respect of such proceedings the provisions of the relevant enactments as amended by this Act, stand transferred to the Magistrate of Court having jurisdiction under the provisions of the relevant enactments as amended by this Act and shall be heard and disposed of by such Magistrate or Court and such Magistrate and Court have all the powers and jurisdiction thereof as if they had been originally instituted before such Magistrate or in such Court.

SCHEDULE

(See section 2)

Part-I - The Code of Criminal Procedure, 1898.

......................................................................................................................................

Year. Number. Short title. Extent of Amendment.

1 2 3 4

......................................................................................................................................

1898 V Code of 1. In section 10- Criminal (i) in sub-section (2) - Procedure, (a) for the words "an Additional 1898. District Magistrate" the words

"one or more Additional District Magistrates" shall be substituted; and

(b) for the words "such Additional District Magistrate" the words "an Additional District Magistrate"

shall be subsitituted;

(ii) after sub-section (2) the following sub-section shall be inserted, namely :-

(3) For the purpose of sub-section (3) of section 192, section 406B and sub-section (3A) of section 528, an Additional District Magistrate shall be deemed to be subordinate to the District Magistrate".

......................................................................................................................................

Year. Number. Short title. Extent of Amendment.

1 2 3 4

......................................................................................................................................

2. In sub-section (2) of section 13, for the words

"any Sub-Divisional Magistrate" the words

"one or more Sub-Divisional Magistrates" and for the words "any Taluka Magistrate" the words "one or more Taluke Magistrates" shall be substituted.

3. For section 17A, the following shall be substituted, namely :-

"17A. Subordination of Executive Magistrates, -

(1) All Executive Magistrates appointed under section 13 or 14 shall be subordinate to the district Magistrate; and every Taluka Magistrate shall also be subordinate to the Sub-Divisional Magistrate, subect, however, to the general control of the District Magistrate.

(2) The District Magistrate may, from time to time, make rules or give special orders consistent with this code as to the distribution of business among the magistrates subordinate to him and as to allocaion of business to an Additional District Magistrate."

4. In section 192, after sub-section (2), the following shall be inserted, namely :-

"(3) Any District Magistrate or Sub-Divisional Magistrate may transfer any case of which he has taken cognizance, for inquiry or trial to any Magistrate subordinate to him and such Magistrate may dispose of the case accordingly."

......................................................................................................................................

Year. Number. Short title. Extent of Amendment.

1 2 3 4

......................................................................................................................................

5. After section 406A, the following section shall be inserted, namely :-

"406 B. Transfer of appeals to Additional District Magistrates. - The District Magistrate may transfer any appeal pressented to him under section 406 or 406A to an Additional District Magistrate, and such Additional District Magistrate may hear and dispose of the appeal."

6. In section 505, in sub-section (1), for the words "Magistrate of the First class" the words "Magistrate subordinate to him" shall be substituted.

7. In section 528, after sub-section (3), the following sub-section shall be inserted, namely :-

"(3A) Where the District Magistrate authorised under sub-section (3) withdraws any case from any Magistrate subordinate to him, he may inquire into or try such case himself or refer it for inquiry or trial to any other Magistrate subordinate to him and competent to inquire into or try the same."

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Part - II - Other Control Acts.

......................................................................................................................................

Year. Number. Short title. Extent of Amendment.

1 2 3 4

......................................................................................................................................

1867 XXV The Press In section 1, the words "Magistrate" means any and Regist- person exercising the full powers of a Magistrate, ration of and includes a Magistrate of Police" shall be Books Act, deleted.

1867.

......................................................................................................................................

Year. Number. Short title. Extent of Amendment.

1 2 3 4

......................................................................................................................................

1886 XI The Indian 1. In section 37, for the words "a Magistrate"

Tramways wherever they occur, the words "an

Act, 1886. Executive Magistrate" shall be substituted;

2. In section 38, for the words "a Magistrate"

the words "an Executive Magistrate" shall be substituted.

1910 IX The Indian 1. In sub-section (3) of section 18, for the Electricity words "a Magistrate of the first class" the Act, 1910. words "the District Magistrate" shall be substituted;

2. In section 54, for the words "a Magistrate"

the words "an Executive Magistrate" shall be substituted.

1912 IV The Indian In section 3, for clause (6) the following shall be Lunacy substituted, namely :-

Act, 1912. "(6) 'Magistrate' means is Greater Bombay, Presidency Magistrate and elsewhere, a

Magistrate of the first class".

1920 XXXIII The Idenifi- In section 5, in the first proviso, for the words cation of "except by a Magistrate of the first class" the Prisoners words "except by the District Magistrate, a Sub Act 1920. Divisional Magistrate, a Magistrate of the first class" shall be substituted.

1925 XII The Cotton In sub-section (1) of section 11, for the words Ginning and beginning with the words "the District Magistrate"

Pressing and ending with the words "State Government"

Factories the words "the Commissioner of Police in Greater Act, 1925. Bombay and the District Magistrate, elsewhere"

shall be substituted. 1936 IV The Payment In sub-section (1) of section 15, for the word of Wages "Magistrate" the words "Judicial Magistrate" shall Act, 1936. be substituted.

......................................................................................................................................

Year. Number. Short title. Extent of Amendment.

1 2 3 4

......................................................................................................................................

1948 XI The Minimum In sub-section (1) of section 20, for the word Wages Act, "Magistrate" the words "Judicial Magistrate" shall 1948. be substituted.

1951 LVI The Press In sub-section (2) of section 6, for the words "any (Objectionable Magistrate" the words "any Judicial Magistrate"

Matter) Act, shall be substituted.

1951.

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Part-III - Bombay Acts.

......................................................................................................................................

Year. Number. Short title. Extent of Amendment.

1 2 3 4

......................................................................................................................................

1888 III The Bombay In sub-section (1) of section 379A, for the words Municipal "Presidency Magistrate" the words "Presidencey Corporation Magistrate specially empowered by the State Act. Government" shall be substituted.

1892 I The Bombay In section 23, in sub-section (1), for the words District "a Magistrate" the words "a Taluka Magistrate"

Vaccination shall be substituted.

Act, 1892.

1901 III The Bombay 1. In sub-section (1) of section 86, -

District (i) for the words "Magistrate or Bench Municipal Act, of Magistrates" the words "Judicial 1901. Magistrates or Bench of such

Magistrates" shall be substituted; and

(ii) for the words "State Government or of the District Magistrate" the words

"Sessions Judge" shall be substituted.

2. In sub-section (3) of section 145, for the words "a Magistrate exercising not less than second class powers" the words "a Taluka Magistrate" shall be substituted.

......................................................................................................................................

Year. Number. Short title. Extent of Amendment.

1 2 3 4

......................................................................................................................................

3. In sub-section (1) of section 148, for the words "a Magistrate of the first class" the words "a Taluka Magistrate" shall be substituted.

4. In section 153, for the words "Magistrate of the first class" the words "Executive Magistrate" shall be substituted.

5. In section 158, for the words, "any Magistrate" the words "any Executive Magistrate" shall be substituted. 1923 VI The Bombay In section 113, - Local Boards (i) for the words "Magistrate or Bench of Act, 1923. Magistrates" the words "Judicial Magistrate or Bench of such Magistrates" shall be substituted, and

(ii) for the words "State Government or of the District Magistrate" the words "Sessions Judge" shall be substituted.

1925 XVIII The Bombay 1. In sub-section (1) of section 110, - Municipal (i) for the words "Magistrate or Bench Borougbs Act, Magistrates" the words "Judicial

1925 Magistrate or Bench of such Magistrates" shall be substituted; and

(ii) for the words "District Magistrate" the words "Session Judge" shall be

substituted.

2. In sub-section (3) of section 180, for the words "a Magistrate exercising not less than second class powers" the words "a Taluka Magistrate" shall be substituted.

3. In sub-section (1) of section 183, for the words "a Magistrate of the first class" the words "a Taluka Magistrate" shall be substituted.

......................................................................................................................................

Year. Number. Short title. Extent of Amenment.

1 2 3 4

......................................................................................................................................

4. In section 189, for the words "Magistrate of the first class" the words "Executive Magistrate" shall be substituted.

5. In section 196, for the words "any Magistrate" the words "any Executive Magistrate" shall be substituted. 1938 XIX The Bombay In sub-section (8) of section 3, the words "or sub- Probation of Divisional Magistrate" shall be deleted. Offenders

Act, 1938.

1947 LI The Bombay In section 11, -

Habitual (i) for sub-section (1) the following shall be Offenders substituted, namely :-

Restriction "(1) When an order of restriction is made Act, 1947. against any person, the court or Magistrate making such order or the court or Magistrate

to whom an appeal would lie against such

order under section 13 may, at any time, on

its or his own motion or on an application

from such person and for sufficient reasons to

be recorded in writing, make an order

cancelling or modifying the order of restriction";

(ii) sub-section (3) shall be deleted. 1948 LXXI The Bombay In section 38, for the words beginning with the Children Act, word "elsewhere" and ending with the words "is 1948. situated" the following shall be substituted, namely :-

"elsewhere of the court which passes any order under this Act in respect of the child".

......................................................................................................................................

Year. Number. Short title. Extent of Amenment.

1 2 3 4

......................................................................................................................................

1949 LIX The Bombay 1. In sub-section (3) of section 122, for the Provincial words beginning with the words "the Chief Municipal Presidency Magistrate" and ending with the Corporations words "First Class" the words "The Act, 1949. Presidency Magistrate specially empowered by the State Governments, in Greater

Bombay and elsewhere, the District

Magistrate" shall be substituted.

2. In sub-section (1) of section 207, for the words "a Magistrate of the First Class" the words "the District Magistrate" shall be substituted.

3. In sub-section (2) of section 433, for the words "nearest Magistrate" the words

"nearest Judicial Magistrate" shall be substituted.

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1. For Statement of Objects and Reasons, See Bombay Government Gazette, 1953, Part V, page

656.