Short title, extent and commencement

(1) This Act may be called the Bombay Separation of Judicial and Executive Functions Act, 1951. (2) It extends to the whole of the State of Bombay. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, specify in this behalf. Power to record statements and confessions during a police investigation, section 164; Power to authorize detention of a person in the custody of the police during a police investigation, section 167; Power to take congnisance of offences upon complaint, section 190; Power to take cognizance of offences upon police reports section 190; Power to take cognizance of offences without complaint, section 190; Power to commit for trial, section 206; Power to stop proceedings instituted otherwise than upon complaint, section 249; Power to make order as to first offenders, section 562. Powers with which a Magistrate of the Third Class may be invested. 1. Power to record statement and confessions during a police investigation, section 164; 2. Power to make cognizance of offences upon complaint, section 190; 3. Power to take congnizance of offences upon police report, section 190; 4. Power to stop proceedings instituted otherwise than upon complaint, section 249. Powers with which a Sub-divisional Magistrate may be invested. 1. Power to call for records, section 435. Powers with which any other Executive Magistrate may be invested: 1. Power to make orders prohibiting repetition of nuisances, section 143; 2. Power to make orders under section 144; 3. Power to make orders, etc., in possession cases, section 145 and 147; 4. Power to record statements and confessions during a police investigation, section 164; 5. Power to hold inquests, section 174; 6. Power to sell property alleged or suspected to have been stolen, etc., section 524. Powers with which any Executive Magistrate may be invested: 1. Power to make orders prohibiting repetition of nuisances, section 143; 2. Power to make orders under section 144; 3. Power to hold inquests, section 174. The Cattle Trespass Act, 1871: (1) In section 20, for the words "the Magistrate of the District or any Magistrate authorized to receive any try charges without reference by the Magistrate of the District", the words " the Magistrate of the First Class " shall be substituted. (2) In sections 24, 26 and 27, the words " before a Magistrate " shall be deleted. The Metal Tokens Act, 1889: In section 5, in sub-section (2), the words "except a District Magistrate or Sub-Divisional Magistrate " shall be deleted. The Prisons Act, 1894: In section 52, (i) the words " of the District Magistrate or" shall be deleted; (ii) in the first proviso, the words " by the District Magistrate to any Magistrate of the first class and " shall be deleted. The Reformatory Schools Act, 1897: 1. In section 8, in sub-section (2), for the words " by the State Government in this behalf " the words " by the State Government in this behalf in consultation with the High Court " shall be substituted. 2. In section 9, in sub-section (1), for the words " the District Magistrate to whom he is subordinate ", the words, brackets and figures " the Magistrate specially empowered under sub-section (2) of section 8 " shall be substituted. 3. In section 10, for the words " District Magistrate ", the words, brackets and figures "Magistrate specially empowered under sub-section (2) of section 8" shall be substituted. 4. In section 11, in sub-section (2), for the words "District Magistrate", the words "Magistrate specially empowered" shall be substituted. 5. In section 31, (i) in sub-section (4), for the words "the District Magistrate to whom such Court is subordinate ", the words, brackets and figures " the Magistrate specially empowered under sub-section (2) of section 8" shall be substituted; (ii) in sub-section (5), the words " District" shall be deleted. The Prisoners Act, 1900: In section 37, for the words "District Magistrate ", the words " Sessions Judge " shall be substituted. The Prevention Of Seditious Meetings Act, 1911: In section 8, the words "or Sub-divisional Magistrate" shall be deleted. The Inland Steam vessels Act, 1917: 1. In section 33, in clause (b) of sub-section (1), the words " or the Court of any District Magistrate " shall be deleted. 2. In section 35, in sub-section (1), the words "or the court of the District Magistrate," shall be deleted. 3. In section 38, in clause (b), the words "or the Court of the District Magistrate" shall be deleted and for the words "respectively by either Court", the words "by it" shall be substituted. The Indian Official Secrets Act, 1923: In section 13, in sub-section (1), after the word " Government ", the words " or that of a Presidency Magistrate " shall be inserted and the words "which is inferior to that of a District or Presidency Magistrate " shall be deleted. The Indian Forest Act, 1927: In section 67, for the words " The District Magistrate or any Magistrate of the first class specially empowered in this behalf by the State Government ", the words " any Magistrate of the first class specially empowered in this behalf by the State Government in consultation with the High Court," shall be substituted. The Bombay District Police Act, 1867: In section 34, for the words " a Magistrate of the first class ", the words " the District Magistrate or any magistrate specially empowered in this behalf by the State Government " shall be substituted. The Bombay Village Police Act, 1867: 1. In section 1, the following paragraph shall be added, namely :- "The term "Executive Magistrate" when used in this Act has the meaning assigned to it in the Code of Criminal Procedure, 1898". 2. In section 6, for the words "the Magistrate", where they occur for the second time, the words "any other executive Magistrate" shall be substituted. 3. In section 8, for the words " the Magistrate", the words " the Executive Magistrate " shall be substituted. 4. In sections 9 and 9-A, for the words " any Magistrate of the first class " "Any Magistrate of the first Class,", the words "The Magistrate of the District" and "The Magistrate of the District" shall, respectively, be substituted.