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Assam act 008 of 1984 : The CODE OF CRIMINAL PROCEDURE (ASSAM AMENDMENT) ACT, 1984

- -~ The Assaen· Gazette ~ ~Jfl~q'

BXTllAORDIN ARY ?IT~~~!i~

PUBUSliED BY AUTHORITY

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.,,. ;i~ 77

No. 77

fft·1~<1 "IR~~. 7 -:if~. 1984, 18 o'~. 1906 (l!f(IS) Dispur, Saturdayi 7th April, 1984, · 18th Chaitra, 90§-{-S. E.)

GO_YEltNMENT OF: ASSAM

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT : LEGlSLATIV:E BRANCH

NOTIFICATION

·Th~e 7tli April 1984 No.LGL.15/84/57.-The fOllowing Act of the Assam Legislative Assembly which received the assent of the President ~s hereby published for general information. -. _ _ _ . _ _ _. ___ _ -· __

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830 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 7, 1984

ASSAM ACT NO. ~III O~ 1984

(Received the assent of the President on 7th April, 1984).

THE CO:QE OF CRIMINAL PROCEDURE (ASSAM AMENDMENT)

ACT, 1984

An

Act

further to amend the Code, of Criminal Procedure (Assam Amend- ment) Act, 1983 (Assam Act No. III of 1984). Short title,

extent and

commence-

ment.

Whereas it is expedient further to amend the· Code of ' Criminal Procedure (Assam Amendment) Act, 1983 (Assam Act No. III of 1984) hereinafter called the Act, in the ·manner hereinafter appearing ;

It is hereby enacted in the Thirty-fifth Year of the Republic of India, as follows :-

1. (i) This Act · may of Criminal Procedure Act, 1984.

be called the Code (Assam Amendment)

(ii) It shall come into force at once.

(iii) It extends to the whole of the State of Assam.

Amendment

of Section I 2. In the Act, in Section I,- · of As3arn

ti.rt

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rf984, (a) the Clause (ii) shall be substituted as follows :-

"(ii} It shall be deemed to have come into force on the date of e·xpiration of the Code of Criminal Procedure (Assam Amendment) Ordinance '.1983 {Assam,• Ordinance No. III of 1983)."

(b) after Clause (iii), the followin~ s4all be inserted as new Clause (iv), namely :-

"(iv) It shall be in operation Jor a period of one year."

Amend.ment 3. In the Act, in Section 3 in sub-section (2)-(b) , of Section 3 af(er the words. "Indian Penal Code" the of Assam - • • Act No. colon (:) shall be deleted and thereafter· the III of 1984. following shall be inserted, n·amely :-

"with imprisonment which may extend to three years or wit h fine or with - both." ·

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THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 7, 1984 831

I nsertion · of

Section 6,

Repeal and

~avings,

- 4. In the Act, after Section 5 the following shall be inserted as a new Section 6, namely :-

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"6. Repeal and Savinj:{s- (1') The Code of Criminal Pl'ocedure (Assam Amendment) Ordinance, 1983 (Assam Ordinance No: III of 1983) is · hereby- repealed.

(2)• Notwithstanding such repeal-

(a) anv action taken or any order passed or any proceedings commenced or anything whatsoever done under the Ordinance so repealed shall continue and be deemed to have continued and shall have effect as if taken, ·passed, commenced or done under · the cor- responding provisions of this Act.

(b) Any action taken, order passed or ?ther acts and things done by any officer actin,i:r or purporting to act under the Ordinance so repealed shall be valid and shall be deemed always ' to have been valid and shall not be called in question in any Court on the ground of incompetency of the Officer to act under the Ordinance so repealed."

5. (1) The Code of Criminal Procedure (Assam Amend- ment) Ordinance, 1984 (Assam Ordinance No.III of 1984) is herieby repealed. ·

(;~) Notwithstandin,g such repeal, any action taken or any order passed or any proceedings commenced or anything whatsoever done under the Ordinance so repealed shall continue and be 'deemed to have col'.)tinued and shall have effect as if taken, passed, commenced or done under the corresponding provisions of this Act.

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MD. SAADULLAH,

Secretary to the Govt. of Assam, Le,Rislative Department. · GAUHATT- Printed an d published h5' the Supdt. i/c., Assam G

1 040-.-400-7-4-19 84,

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