The Bombay Repealing and Amending Act, 1954

THE FIRST SCHEDULE Repeal (See section 2.) Year. No. Short title. Extent of repeal. 1 2 3 4 1862 IV The Markets and Fairs Act, Section 10. 1862. 1901 III The Bombay District Municipal Act, 1901.

1. (1) In section 3, in clause (1), sub-clause (a);
2. (2) In section 181, in subsection (2), the words and letter “or in respect of any municipality specified in Schedule E”;
3. (3) Schedule E. 1939 XXII The Bombay Agricultural Produce Markets Act, 1939. 1948 LXXII The Bombay Khar Lands Act, 1948. In section 6, the words, brackets and figures “and within the distance thereof notified under sub-section (2) of section 4” In section 3, in clause (b) of sub-section (2), the word “North”. 1953 XLVII The Bombay Sales of Intoxicants Taxation Act, 1953. In section 14, the brackets and figure “(1)” where they occur for the first time.

THE SECOND SCHEDULE Amendments (See section 3.) Year. No. Short title. Extent of amendments. 1 2 3 4 1861 V The Police Act, 1861, in its application to the State of Bombay. 1888 III The Bombay Municipal Corporation Act.

1. (1) Section 5 shall be deleted;
2. (2) In section 35, for the words “exercising the powers of a Magistrate” the words “of such rank as the State Government may by a general or special order, direct” shall be substituted;
3. (3) In section 46, in sub-section (2), in clause (a), for the word “Magistrates” the words “Executive Magistrate” shall be substituted. In section 412, in the marginal note, for the words “the city” the words “Greater Bombay” shall be substituted. 1898 V The Code of Criminal Procedure, 1898, in its application to the State of Bombay.
4. (1) In section 10, after sub-section (2), the following new sub-section shall be added, namely :— “(2A) For the purposes of sub-section (3) of section 528, such Additional District Magistrate shall be deemed to be subordinate to the District Magistrate”;
5. (2) In section 326,—
   • (i) for the words beginning with the words “The Sessions Judge shall” and ending with the words “requesting him to” the words “The Sessions Judge or such Judicial Magistrate as he may appoint in this behalf shall ordinarily, seven days at least before the day which the Sessions Judge may from time to time fix for holding the sessions,” shall be substituted;
   • (ii) in the marginal note, for the words “District Magistrate” the words “Sessions Judge or Judicial Magistrate” shall be substituted;
6. (3) In Schedule V, forms XXXII and XXXIII shall be deleted. 1920 XXXIII The Identification of Prisoners Act, 1920, in its application to the State of Bombay.
7. (1) In section 2, in clause (b), the words and figures “or Chapter V of the City of Bombay Police Act, 1902” shall be deleted; 1922 XXII The Police (Incitement to Disaffection) Act, 1922, in its application to the State of Bombay. 1925 V The Bombay Prevention of Adulteration Act, 1925.
8. (2) In section 3, in clause (a), the words and figures “under section 121 of the City of Bombay Police Act, 1902, or of any other offence punishable” shall be deleted;
9. (3) In section 4,—
   • (i) in sub-clause (ii) of clause (a), for the words, figures and letter “section 61D of the Bombay District Police Act, 1899 or under section 112 of the City of Bombay Police Act, 1902,” the following shall be substituted, namely:— “section 122 of the Bombay Police Act, 1951 (Bom. XXII of 1951),”;
   • (ii) in clause (b), for the words, figures and letter “section 46 or 46B of the Bombay District Police Act, 1890, or under section 27 of the City of Bombay Police Act, 1902,” the following shall be substituted, namely :— “section 55 or 56 of the Bombay Police Act, 1951 (Bom. XXII of 1951),”;
10. (4) In section 5, the words and figures “or the City of Bombay Police Act, 1902,” shall be deleted;
11. (5) In section 7, for the words “the City of Bombay” the words “Greater Bombay” shall be substituted. In the Schedule, for the entries“1890/IV/The Bombay District Police Act, 1890. 1902/IV/ The City of Bombay Police Act,1902” the following shall be substituted, namely :— “1951/XXII/The Bombay Police Act, 1951.” In section 4, —
12. (1) for clause (a) of sub-section (4), the following shall be substituted, namely :— “(a) unless the seller on his appearing or being brought before the Court informs the Court that he intends to rely on the warranty and specifies the name and address of the person from whom he received if and furnishes the Court with a copy of such warranty within the time fixed by the Court, and”;
13. (2) the Explanation shall be deleted. 1947 VII The Motor Vehicles (Bombay Amendment) Act, 1947. In section 8, for the figures, brackets and letter “64(a)”, the figures, brackets and letter “64(g)” shall be substituted. 1949 XXV The Bombay Prohibition Act, 1949.
14. (1) In section 93, in sub-section (1), for the words “Presidency Magistrate in the Greater Bombay and elsewhere, “Magistrate of the first class” the words “Presidency Magistrate specially empowered by the State Government in this behalf in Greater Bombay, and elsewhere, a District Magistrate or SubDivisional Magistrate” shall be substituted;
15. (2) In section 101, for the word “Magistrate”, at both the places where it occurs, the word “Court” shall be substituted;
16. (3) In section 127, in sub-section (2), for the words “a Magistrate” the words “a Magistrate having jurisdiction” shall be substituted;
17. (4) In section 142, in sub-section (2), for the words “any Magistrate” the words “any Executive Magistrate” shall be substituted. 1950 XXIX The Bombay Public Trusts Act, 1950.
18. (1) In section 77, in the marginal note, for the figures, letters and word “41, 48, 79A or 79C” the figures, letters and word “20, 41, 48, 79A, 79C or 79CC” shall be substituted;
19. (2) In Schedule A, in the heading the figures “64” shall be deleted. 1951 XXII The Bombay Police Act, 1951.
20. (1) Section 13 shall be deleted;
21. (2) In sub-section (1) of section 21, the words “not lower in rank than that of second class” shall be deleted;
22. (3) In section 74—
    • (i) the words, brackets and figure “sub-section
23. (1) of” shall be deleted;
    • (ii) in clause (c),—
    • (a) for the words, brackets and figure “sub- section (2) of section 6” the words, brackets, figures and letter “sub-section (1) of section 6B” shall be substituted;
    • (b) for the words, brackets and figure “sub- section (3)” the words, brackets and figures “sub-sections (2) and (3)” shall be substituted;
24. (4) In section 75, for the words, brackets and figures “sub-section (3) of section 6” the words, brackets, figures and letter “sub- sections (2) and (3) of section 6B” shall be substituted;
25. (5) In section 77, for the brackets, figures and words “(5), (6), (7) and (8) of section 6” the brackets, figures, words and letter “(5), (6) and (7) of section 6B” shall be substituted;
26. (6) For section 79 the following shall be substituted, namely :— “79. Power of police to arrest without warrant when certain offences committed in his presence.— Any police officer may, without an order from a Magistrate and without a warrant, arrest any person committing in his presence any offence punishable under section 117, or section 125 or section 130 or sub-clause (i), (iv) or (v) of section 131 or clause (i) of section 135 in respect of contravention of any order made under sections 39 or 40”;
27. (7) In section 113, for the word “houses” the word “horses” shall be substituted;
28. (8) In section 131, for the portion beginning with the brackets and letter “(a)” and ending with the words “be punished” the following shall be substituted, namely :— “Whoever—
    • (a) contravenes any rules or order made under section 33 or any of the conditions of a licence issued under such rule or order, or
    • (b) abets the commission of any offence under clause (a), shall, on conviction, be punished.”— 1951 XXIII The Bombay Separation of Judicial and Executive Functions Act, 1951. In part II of Schedule IV, against the entry relating to the Indian Forest Act, 1927, in column 4, for the word “after” the word “for” shall be substituted. 1951 XXV The Bombay Legislature Members (Removal of Disqualifications) Act, 1951. In entry 4 in the Schedule, for the words “District Rural Development Boards;” the words and brackets “District Development Boards constituted by the State Government (by whatever name called);” shall be substituted.