section Schedule
Schedule
The Gujarat Separation of Judicial and Executive Functions Act, 1951(See Section 2) PART I. – THE CODE OF CRIMINAL PROCEDURE, 1898. 1. For section 6, the following shall be substituted, namely :- “6. Besides the High Court and the Court constituted under any law other than this classes of Criminal Courts. Code for the time being in force, there shall be two classes of Criminal Courts in the State of Bombay namely :– I.-Courts of Session. II.-Courts of Magistrates”. 2. After section 6, the following shall be inserted, namely :- “A-1. Classes of Magistrates. 6-A. There shall be the following classes of Magistrates, namely :- I. Judicial Magistrates. (1) Presidency Magistrates. (2) Magistrates of the first class. (3) Magistrates of the second class. (4) Magistrates of the third class. (5) Special Judicial Magistrates. II. Executive Magistrates. (1) District Magistrates. (2) Sub-Divisional Magistrates. (3) Taluka Magistrates. (4) Presidency Magistrates specially empowered by the State Government. (5) Special Executive Magistrates”. 3. For section 7, the following shall be substituted, namely :- “7. (1) The State of Bombay shall consist of Sessions divisions; and every sessions division; shall for the purposes of the Code, be a district; or consist of districts. (2) For the purposes of this Code, Greater Bombay shall be a sessions division and be deemed to be a district. (3) The State Government may alter the limits or the number of such divisions and districts. (4) The sessions divisions and districts existing when the Bombay Separation of Judicial and Executive Functions Act, 1951, comes into force shall be sessions divisions and districts respectively, unless and until they are so altered”. 4. In section 8, in sub-section (1), for the words “outside the presidency towns ”, the words “outside Greater Bombay ” shall be substituted. 5. In section 9,- (i) in sub-section (1), after the words “sessions division, and” the words “in consultation with the High Court” shall be inserted; (ii) in sub-section (3), after the words “may also” the words “ in consultation” with the High Court ” shall be inserted; (iii) in sub-section (4), after the words “sessions division may”, the words “in consultation with the High Court” shall be inserted. 6. In section 10,- (i) in sub-section (1)- (a) for the words “outside the presidency towns”, the words “outside Greater Bombay ” shall be substituted ; (b) the words “Magistrate of the first class, who shall be called the ” shall be deleted ; (ii) in sub-section (2), the words “any Magistrate of the first class to be ” shall be deleted ; (iii) sub-section (3) shall be deleted. 7. In section 12,- (i) in sub-section (1),- (a) the words “besides the District Magistrate” shall be deleted; (b) for the words “outside the presidency towns” the words “ utside Greater Bombay” shall be substituted; (c) the words “ the State Government or the District Magistrate, subject to the control of the State Government” shall be deleted; (ii) after sub-section (1), the following sub–section shall be inserted, namely :- “(1-A) The power of appointment of Magistrates under sub-section (1) shall on the issue of public notification under article 237 of the Constitution, be exercised subject to the terms of the said notification.”; (iii) for the marginal note to the said sections, the following shall be substituted, namely :- “Judicial Magistrates”. 8. In section 13,- (i) in sub-section (1), the words “ of the first or second class ” shall be deleted and after the words “ sub-division ”, the words “ or a taluka ” shall be inserted;
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