The Punjab Separation of Judicial and Executive Functions Act, 1964

1. (1) This Act may be called the Punjab Separation of Judicial and Executive Functions Act, 1964.
2. (2) It extends to [the territories specified in sub-section
3. (1) of section 5 of the Punjab Reorganisation Act, 1966.]
4. (3) It shall come into force on such date as the [State Government] may, by notification specify in this behalf; and different dates may be specified for different areas.

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 Punjab, and the Punjab Acts specified in Part III of the Schedule are hereby amended to the extent mentioned in the fourth column of the Schedule.

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, bye-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, bye-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.

1. (1) Save as provided in this section, nothing in this Act shall be deemed to affect:—
   • (a) the validity, invalidity, effect or consequence of anything done or suffered to be done before the date on which the provisions of this Act come into force;
   • (b) any right, privilege, obligation or liability already acquired, accrued or incurred before such date;
   • (c) any penalty, forfeiture or punishment incurred or inflicted 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.
2. (2) All legal proceedings 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 proceedings under the provisions of the relevant enactments as amended by this Act, stand transferred to the Magistrate or Court having jurisdiction under the provisions of the relevant enactments as amended by this Act, and shall be heard and disposed by such Magistrate or Court and such Magistrate and Court shall have all the powers and jurisdiction thereof as if they had been originally instituted before such Magistrate or in such Court, including the power of the succeeding Magistrate under section 350 of the Code of Criminal Procedure, 1898.

If any difficulty arises in giving effect to the provisions of this Act, the [State Government] in consultation with the High Court, may by order do anything, not inconsistent with such provisions and for the furtherance of the purposes of this Act which appear to it to be necessary or expedient for the purpose of removing the difficulty.

The provisions of the Patiala and East Punjab States Union Judicature Ordinance, 2005 BK. (Pepsu Ordinance 10 of 2005 BK) relating to the classes, constitution, powers, practice and procedure of criminal courts are hereby repealed: Provided that the repeal shall not affect—

1. (a) the previous operation of any provision so repealed or anything done or suffered thereunder; or
2. (b) any right, privilege, obligation or liability acquired, accrued or incurred under any provisions so repealed; or
3. (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any provision so repealed; or
4. (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed: Provided further that anything done or any action taken under any provision so repealed shall be deemed to have been done or taken under the corresponding provision of the Code of Criminal Procedure, 1898, as amended by this Act, and shall continue to force accordingly unless and until superseded by anything done or any action taken under the said Code, as amended by this Act.

(See section 2) 1 | 2 | 3 | 4 PART I—THE CODE OF CRIMINAL PROCEDURE, 1898 PART II—OTHER CENTRAL ACTS 1860 | 21 | The Societies Registration Act, 1860 | In section 21, for the words "a Magistrate", the words "a Judicial Magistrate" shall be substituted. 1861 | 5 | The Police Act, 1861 | 1. In section 29, the "words before a Magistrate" shall be omitted. 2. In section 32, the words "before a Magistrate" shall be omitted. 3. In the opening paragraph of section 34, the words "before a Magistrate" shall be omitted. 1867 | 3 | The Public Gambling Act, 1867 | In section 7, for the words "before the same or any other Magistrate", the words "before any Judicial Magistrate" shall be substituted. 1867 | 25 | The Press and Registration of Books Act, 1867 | In sections 12, 13, 14, 15 and 15-A the words "before a Magistrate" shall be omitted. 1871 | 1 | The Cattle Trespass Act, 1871 | In section 20, for the words "a Magistrate of the District or any Magistrate authorised to recieve and try charges without reference by the Magistrate of the District" the words "the Chief Judicial Magistrate or any other Judicial Magistrate authorised to receive and try charges without reference by the Chief Judicial Magistrate" shall be substituted. 2. In sections 24, 26 and 27, the words "before a Magistrate" shall be omitted. 1889 | 1 | The Metal Tokens Act, 1889 | In section 5, in sub-section (2) the words "beyond the limits of a Presidency Town" and the words "except a District Magistrate or Sub-divisional Magistrate" shall be omitted. 1894 | 9 | The Prisons Act, 1894 | In section 52,— (a) for the words "District Magistrate or of any Magistrate of the first class or Presidency Magistrate" the words "Chief Judicial Magistrate or any other Judicial Magistrate of the first class" shall be substituted; and (b) for the first proviso, the following shall be substituted, namely:— " Provided that any such case may be transferred for inquiry and a trial by the Chief Judicial Magistrate to any other Judicial Magistrate of the first class." 1897 | 8 | The Reformatory Schools Act, 1897 | 1. In sub-section (2) of section 8, for the words, brackets and letter "a District Magistrate and, (b) any Magistrate specially empowered by the State Government", the word brackets and letter "a Chief Judicial Magistrate and (b) any other Judicial Magistrate specially empowered by the High Court" shall be substituted. 2. In sub-section (1) of section 9, for the words "District Magistrate", the words "Chief Judicial Magistrate" shall be substituted. 3. In section 10, for the words "District Magistrate", the words "Chief Judicial Magistrate" shall be substituted. 4. In sub-section (2) of section 11, for the words "District Magistrate", the words "Chief Judicial Magistrate" shall be substituted. 5. In section 31, in sub-sections (4) and (5), for the words "District Magistrate" the words "Chief Judicial Magistrate" shall be substituted. 1911 | 10 | The Prevention of Seditious Meetings Act, 1911 | 1. In sub-section (2) of section 4, for the words "Magistrate of the First Class", the words "Executive Magistrate of First Class" shall be substituted. 2. In section 8, for the words "Presidency Magistrate or a Magistrate of the first class or Sub-Divisional Magistrate" the words "Judicial Magistrate of the first class" shall be substituted. 1916 | 7 | The Indian Medical Degrees Act, 1916 | In section 8, for the words "a Magistrate", the words "a Judicial Magistrate" shall be substituted. 1917 | 1 | The Inland Steam-vessels Act, 1917 | 1. In clause (b) of sub-section (1) of section 33, for the words "District Magistrate" the words "Chief Judicial Magistrate" shall be substituted. 2. In sub-section (1) of section 35 for the words "District Magistrate", the words "Chief Judicial Magistrate" shall be substituted. 3. In clause (b) of section 38, for the words "District Magistrate" the words "Chief Judicial Magistrate" shall be substituted. 1922 | 22 | The Police (Incitement to Disaffection) Act, 1922. | In sub-section (1) of section 6, for the words, "Magistrate of the First Class", the words "Judicial Magistrate of first class" shall be substituted. 1923 | 19 | The Indian Official Secrets Act, 1923. | In sub-section (1) of section 13,— (a) for the words "a Magistrate" the words, "Judicial Magistrate" shall be substituted ; and (b) for the words "which is inferior to that of a District or Presidency Magistrate", the words "or that of the Chief Judicial Magistrate" shall be substituted. 1927 | 16 | The Indian Forests 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 "The Chief Judicial Magistrate or any other Judicial Magistrate of the first class specially empowered in this behalf by the High Court" shall be substituted. 1929 | 19 | The Child Marriage Restraint Act, 1929 | In section 8, for the words "a Magistrate" the words "a Judicial Magistrate" shall be substituted. 1932 | 23 | The Criminal Law Amendment Act, 1932 | In clause (i) of section 9, for the words "Magistrate of the First Class" the words "Judicial Magistrate of the First Class" shall be substituted. 1940 | 23 | The Drugs and Cosmetics Act, 1940 | In sub-section (2) of section 32, for the words "a Magistrate", the words "a Judicial Magistrate" shall be substituted. 1955 | 32 | The Prisoners (Attendance in Courts) Act, 1955. | In sub-section (3) of section 3, for the words "Magistrate of the first class", "Judicial Magistrate of the first class" and for the words "District Magistrate", the words "Chief Judicial Magistrate", shall be substituted. 1955 | 42 | The Prize Competitions Act, 1955. | In section 18, for the words "a Magistrate", the words a "Judicial Magistrate" shall be substituted. 1956 | 104 | The Suppression of Immoral Traffic in Women and Girls Act, 1956. | In section 22, for the words "Magistrate as defined in clause (c) of section 2" the words "a Chief Judicial Magistrate of the first class specially empowered by the High Court" shall be substituted. PART III PUNJAB ACTS 1905 | 3 | *The Punjab Minor Canals Act, 1905. | In section 71, for the words "Magistrate of such class as the State Government", the words "Judicial Magistrate of such class as the High Court" shall be substituted. 1911 | 3 | *The Punjab Municipal Act, 1911. | 1. In sub-section (1) of section 165 and sub-section (1) of section 166, for the word "Magistrate", the words "Judicial Magistrate" shall be substituted. 2. In section 192-A, the words "by a Magistrate" shall be omitted. 1912 | 5 | The Colonization of Government Lands (Punjab) Act, 1912. | In section 33, the words "by any Magistrate" shall be omitted. 1914 | 1 | The Punjab Excise Act, 1914. | 1. In section 3, clause (15) shall be omitted. 2. In clause (2) of the proviso to section 50, for the word "Magistrate", the words "Judicial Magistrate" shall be substituted. 3. In section 54,— (a) in sub-section (2), for the words "a Magistrate", the words "an Executive Magistrate" shall be substituted ; and (b) in sub-section (3), for the words "any Magistrate", the words "any Executive Magistrate" shall be substituted. 4. In section 75, for the word "Magistrate", occurring twice, the words "Judicial Magistrate" shall be substituted. 1916 | 2 | The Punjab Medical Registration Act, 1916, | In section 23, for the word "Magistrate", the words "Judicial Magistrate" shall be substituted. 1918 | 5 | *The Restriction of Habitual Offenders (Punjab) Act 1918. | (a) to the District Magistrate, if such order has been made by an Executive Magistrate, subordinate to him; (b) to the Chief Judicial Magistrate, if such order has been made by a Judicial Magistrate, subordinate to him; (c) to the court of Session, if such order has been made by the District Magistrate or the Chief Judicial Magistrate; (d) to the High Court, in any other case". 2. In sub-section (1) of section 17 for the words "a Magistrate" the words "a Judicial Magistrate" shall be substituted. 1918 | 6 | *The Punjab Courts Act, 1918 | After sub-section (1) of section 22, the following sub-section shall be added, namely :— "(2) The High Court may confer on any Judicial Magistrate the powers of such class of Subordinate Judges as it may deem fit to be exercised by the Judicial Magistrate within such local area as the High Court may define". 1918 | 7 | *The Punjab Juvenile Smoking Act, 1918. | 1. In section 3, the words "by a Magistrate" shall be omitted. 1918 | 8 | *The Punjab Village and Small Towns Patrol Act, 1918. | In section 8, for the word "Magistrate", the words "Executive Magistrate" shall be substituted. 1922 | 4 | The Punjab Town Improvement Act, 1922. | 1. In section 80, the words "by a Magistrate" shall be omitted. 2. In sub-section (1) of section 84 for the word "Magistrate" the words "Judicial Magistrate" shall be substituted. 1924 | 4 | *The Punjab Motor Vehicle Taxation Act, 1924. | In sub-section (2) of section 16 for the word "Magistrate" the words "Judicial Magistrate" shall be substituted. 1926 | 10 | *The Good Conduct Prisoners Probational Release Act, 1926. | In sub-section (1) of section 7, the words "by a Magistrate" shall be omitted. 1926 | 11 | The Punjab Borstal Act, 1926. | 1. In section 5,— (a) in sub-section (1), for the words "Magistrate of the first class", occurring twice, the words "Judicial Magistrate of the first class" shall be substituted ; (b) in sub-section (2), for the words "any Magistrate", the words "any Judicial Magistrate" and for the words "District Magistrate", the words "Chief Judicial Magistrate" shall be substituted; and (c) in sub-section (3), for the words "District Magistrate", the words "Chief Judicial Magistrate" shall be substituted. 2. In section 23, the words "before a Magistrate" shall be omitted. 1929 | 8 | The Punjab Pure Food Act, 1929. | In sub-section (2) of section 8, the words "by a Magistrate" shall be omitted. 1932 | 1 | The Punjab Nurses Registration Act, 1932. | In section 17, section 23 and section 24 for the words "by a Magistrate of the first class", wherever occurring, the words "by a Judicial Magistrate of the first class" shall be substituted. 1941 | 7 | *The Punjab Suppression of Indecent Advertisement Act, 1941. | In section 5, for the words "Magistrate of the first class", the words "Executive Magistrate of the first class" shall be substituted. 1942 | 7 | *The Music in Muslim Shrines Act, 1942. | In section 5, for the word "Magistrate" the words "Judicial Magistrate" shall be substituted. 1948 | 8 | The East Punjab Refugees (Registration of Claims) Act, 1948. | In section 8, for the "Magistrate" the words "Judicial Magistrate" shall be substituted. 1948 | 12 | The East Punjab Refugees (Registration of Land Claims) Act, 1948. | In sub-section (1) of section 9, for the word "Magistrate", the words "Judicial Magistrate" shall be substituted. 1948 | 13 | *The East Punjab (Exchange of Prisoners) Act, 1948. | In sub-section (1) of section 8, for the word "Magistrate", the words "Judicial Magistrate" shall be substituted. 1948 | 47 | *The Punjab Livestock and Birds Diseases Act, 1948. | In section 36, for the words "Magistrate of the first class, or a magistrate of the second class specially empowered in this behalf by the State Government", the words "Judicial Magistrate of the first class or a judicial magistrate of the second class specially empowered in this behalf by the High Court" shall be substituted. | 1949 | *The East Punjab Agricultural Pests, Diseases and Noxious Weeds Act, 1949. | In sub-section (3) of section 4 and section 9, the words "by a Magistrate" wherever occurring, shall be omitted. 1949 | 39 | The East Punjab Children Act, 1949. | 1. In section 6,— (a) in clause (c), for the words "District Magistrate", the words "Chief Judicial Magistrate" shall be substituted ; (b) clause (d) shall be omitted ; (c) in clause (f), for the word "Magistrate" the words "Judicial Magistrate" shall be substituted ; and (d) in clause (g), the words "in consultation with the High Court" shall be added at the end. 2. In section 7, for the words "District Magistrate or Sub-Divisional Magistrate", the words "Chief Judicial Magistrate" and for the word "Magistrate", wherever occurring, the words "Judicial Magistrate" shall be substituted. 3. In the proviso to sub-section (1) of sections 8, for the word "Magistrate", wherever occurring, the words "Judicial Magistrate" shall be substituted. 4. In section 22, for the word "Magistrate" wherever occurring, the words "Judicial Magistrate" shall be substituted. 5. In sub-section (3) of section 59 for the words "Magistrate of the first class" and the words "such Magistrate" the, words "Judicial Magistrate of first class" and the words "such Judicial Magistrate" respectively, shall be substituted. 6. In sub-section (1) of section 60,— (a) after the words "State Government", the words "in consultation with the High Court" shall be inserted ; and (b) for the word "Magistrate" the words "Judicial Magistrate" shall be substituted. 7. In sub-section (1) of section 72,— (a) in clause (a), for the words "Magistrate of the second or third class", the words "Judicial Magistrate of the second class" shall be substituted; and for the words "District Magistrate" the words "Chief Judicial Magistrate" shall be substituted; and (b) in clause (b), for the word "Magistrate" the words "Judicial Magistrate" shall be substituted. 1951 | 10 | *The Punjab Development of Damaged Areas Act, 1951 | 1. In section 7, for the word "Magistrate" wherever occurring, the words "Judicial Magistrate" shall be substituted. 2. In section 32, for the word "Magistrate", the words "Judicial Magistrate" shall be substituted. 1952 | 12 | *The Punjab Habitual Offenders (Control and Reform) Act, 1952 | 1. In the proviso to section 5, for the words "a Magistrate", the words "an Executive Magistrate" shall be substituted. 2. In the proviso to sub-section (2) of section 7, for the words "a Second Class Magistrate", the words "an Executive Magistrate of the second class" shall be substituted. 3. In sub-section (1) of section 19, for the word "Magistrate" the words "Executive Magistrate" shall be substituted. 1952 | 16 | *The Punjab Passengers and Goods Taxation Act, 1952 | In sub-section (2) of section 17, for the words, "a Magistrate", the words "a Judicial Magistrate" shall be substituted. 1953 | 1 | *The Punjab New Capital (Periphery) Control Act, 1953 | In section 13, for the word "Magistrate", the words "Judicial Magistrate" shall be substituted. 1953 | 4 | *The Punjab Gram Panchayat Act, 1953 | 1. In section 15,— (a) in sub-section (2), for the words "a Magistrate" the words "an Executive Magistrate" shall be substituted ; and (b) in sub-sections (4) and (5), for the word "Magistrate" the words "Judicial Magistrate" shall be substituted. 2. In the proviso to section 41 and section 45, for the words "District Magistrate", the words "Chief Judicial Magistrate" shall be substituted. 3. In sub-section (3) of section 48, for the word "Magistrate", occurring twice, the words "Judicial Magistrate" shall be substituted. 4. In the marginal heading of section 51, and in sub-section (1) thereof, for the words "District Magistrate", the words "Chief Judicial Magistrate" shall be substituted. 5. In sub-section (2) of section 67, for the words "District Magistrate", the words "Chief Judicial Magistrate" shall be substituted. 6. In sub-section (4) of section 73, for the word "Magistrate", the words "Judicial Magistrate" shall be substituted. 7. In sub-section (1) of section 74 and section 75, for the words "District Magistrate", the words "Chief Judicial Magistrate" shall be substituted. 8. In sub-section (2) of section 79, for the word "Magistrate", the words "Judicial Magistrate" shall be substituted. 9. In section 95, for sub-section (3) the following shall be substituted, namely :— "(3) The Chief Judicial Magistrate may delegate any of his powers to a Judicial Magistrate of the first clas." 10. In clause (c) of sub-section (2) of section 103 for the words "District Magistrate", the words "Chief Judicial Magistrate" shall be substituted. 1953 | 40 | *The Punjab Sugarcane (Regulation of Purchase and Supply) Act, 1953 | In sub-section (3) of section 18, for the word "Magistrate", the words, "Judicial Magistrate" shall be substituted. 1953 | 49 | *The Punjab Vaccination Act, 1953 | In section 14,— (a) for the words "Magistrate authorised by him" the words "Executive Magistrate authorised by him" shall be substituted; and (b) for the words "the Magistrate shall deal with the disobedience", the words "the Magistrate shall forward the case to a Judicial Magistrate for dealing with the disobedience" shall be substituted. 1955 | 2 | *The Punjab Cotton Ginning and Pressing Factories Act, 1953 | In section 17,— (a) in sub-section (1), for the words "Magistrate of the first class" the words "Executive Magistrate of the first class" shall be substituted ; and (b) in sub-section (2), for the words "Magistrate of the first class" the words "Judicial Magistrate of the first class" shall be substituted. 1955 | 15 | *The Punjab Entertainments Duty Act, 1955 | In sub-section (2) of section 15, for the words "Magistrate of the first class" the words "Judicial Magistrate of the first class" shall be substituted. 1958 | 10 | *The Punjab Electricity (Duty) Act, 1958 | In clause (c) of section 11, the words "before a Magistrate" shall be omitted. 1958 | 15 | *The Punjab Shops and Commercial Establishments Act, 1958 | In sub-section (1) of section 18 and sub-section (2) of section 22, for the word "Magistrate" wherever occurring the words "Judicial Magistrate" shall be substituted. 1958 | 20 | *The Nangal Township (Periphery) Control Act, 1948 | In section 13, for the word "Magistrate" the words "Judicial Magistrate" shall be substituted. 1958 | 22 | *The Punjab Weights and Measures (Enforcement) Act, 1958 | In sub-section (2) of section 38, for the word "Magistrate" the words "Judicial Magistrate" shall be substituted. 1961 | 5 | *The Punjab Compulsory Service Act, 1961 | In sub-section (1) of section 6, the words "by a Magistrate" shall be omitted. 1961 | 13 | *The Punjab Fruit Nurseries Act, 1961 | In sub-section (2) of section 14, for the word "Magistrate" the words "Judicial Magistrate" shall be substituted. 1961 | 24 | The Punjab Slum Areas (Improvement and Clearance) Act, 1961 | In section 34, for the word "Magistrate" the words "Judicial Magistrate" shall be substituted. 1961 | 25 | *The Punjab Co-operative Societies Act, 1961 | In sub-section (1) of section 72, for the word "Magistrate", the words "Judicial Magistrate" shall be substituted. 1961 | 34 | *The Talwara Township (Periphery) Control Act, 1961 | In section 13, for the word "Magistrate", the words "Judicial Magistrate" shall be substituted. 1963 | 24 | *The Punjab Gift Goods (Unlawful Possession) Act, 1963 | In sub-section (2) of section 4, for the word "Magistrate" the words "Judicial Magistrate" shall be substituted. 1963 | 41 | *The Punjab Scheduled Roads and Controlled Areas Restriction of Unregulated Development Act, 1963 | In section 15, for the word "Magistrate", occurring twice, the words "Judicial Magistrate" shall be substituted. 1963 | 42 | *The Punjab Ayurvedic and Unani Practitioners Act, 1963 | In sub-section (1) of section 33, for the word "Magistrate "the words "Judicial Magistrate" shall be substituted. 1964 | 20 | *The Punjab Ancient and Historical Monuments and Archaeological sites and Remains Act, 1964 | In sections 31 and 33, for the word "Magistrate" the words "Judicial Magistrate" shall be substituted. 1. For section 13, the following shall be substituted, namely :— "13. Appeal.—Any person against whom an order of restriction has been passed under this Act, may prefer an appeal,— 2. For section 5, the following shall be substituted, namely :— "5. Summary Jurisdiction.—The High Court may confer on any Bench of Judicial Magistrates, invested with the powers of Judicial Magistrate of the second class, powers to try summarily any offence under this Act".