section 76
Amendment of Schedule III
The Gujarat Separation of Judicial and Executive Functions Act, 1951In Schedule III,- (a) in Part I, in item (17), for the words " District Magistrate ", the words " Sessions Judge " shall be substituted; (b) in part III,- (i) after item (1), the following shall be inserted, namely :-"(1a) Power to direct warrants to landholders, section 78" ; (ii) items (4), (5), (6), (6a), (7) and (7b) shall be deleted ; (c) after Part III, the following shall be inserted, namely :-"III-A-Ordinary powers of a Taluka Magistrate. (1) Power to arrest or direct the arrest of, and to commit to custody a person committing an offence in his presence, section 64. (2) Power to arrest, or direct the arrest, in his presence of an offender, section 65. (3) Power to endorse a warrant, or to order the removal of an accused person arrested under a warrant, sections 83, 84 and 85. (4) Power to require search to be made for letters and telegrams, section 95. (5) Power to issue search warrant, section 96. (6) Power to endorse a search warrant and order delivery of things found, section 89. (7) Power to command unlawful assembly to disperse, section 127. (8) Power to use civil force to disperse unlawful assembly, section 128. (9) Power to require military force to be used to disperse unlawful assembly, section 130. (10) Power to apply to District Magistrate to issue commission for examination of witness, section 506. (11) Power to recover penalty on forfeited bond, section 514 and to require fresh security, section 514-A. (12) Power to make order as to disposal of property, section 517. (13) Power to sell property of a suspected character, section 525."; (d) in Part IV,- (i) for item (1), the following shall be substituted, namely :-"(1) The ordinary powers of a Taluka Magistrate" ; (ii) after item (2), the following shall be inserted, namely :-"(2a) Power to issue search warrant otherwise than in course of an inquiry, section 98. (2b) Power to issue search warrant for discovery of persons wrongfully confined, section 100. (2c) Power to require security to keep the peace, section 107. (2d) Power to require security for good behavior, section 109."; (iii) after item (3), the following shall be inserted, namely :-"(4) Power to discharge sureties, section 126A. (4a) Power to make orders as to local nuisance, section 133."; (iv) after item (6), the following shall be inserted, namely :-"(6a) Power to make orders, etc. in possession cases, sections 145, 146 and 147."; (v) after item (8), the following shall be inserted, namely :-"(8a) Power to record statements and confessions during a police investigation, section 164."; (vi) after item (9), the following shall be inserted, namely :-(10) Power to hold inquests, section 174."; (vii) items (12) to (16) (both inclusive) shall be deleted ; (viii) item (19) shall be deleted ; (e) in Part V, items (1A), (7), (8), (10), (12), (13) and (14) shall be deleted.
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