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The Bombay Separation of Judicial and Executive Functions (Supplementary) Act, 1954

The Bombay Separation of Judicial and Executive Functions (Supplementary) Act, 1954

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1. Short title.

Statutory text

This Act may be called the Bombay Separation of Judicial and Executive Functions (Supplementary) Act, 1954.

2. Amendments to enactments.

Statutory text

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

3. Amendments not to render invalid notifications, orders, etc., issued before commencement of Act.

Statutory text

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, by-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, by-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.

4. Saving.

Statutory text
  1. (1) Save as provided in this section, nothing in this Act shall be demed to affect -
    • (a) the validity, invalidity, effect or consequence of anything done or suffered to be done in an area before the date on which the provisions of this Act come into force in such area;
    • (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 such 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 of 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.

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SCHEDULE

SCHEDULE (See section 2) PART-I - The Code of Criminal Procedure, 1898. Year Number Short title Extent of Amendment.

  1. (1) (2) (3) (4) 1898 V Code of Criminal 1. In section 10–
    • (i) in sub-section (2) –
    • (a) for the words “an Additional District Magistrate” the words “one or more Additional District Magistrates” shall be substituted; and
    • (b) for the words “such Additional District Magistrate” the words “an Additional District Magistrate” shall be substituted;
      • (ii) after sub-section (2) the following sub-section shall be inserted, namely :— “(3) For the purposes of subsection (3) of section 192, section 406B and sub-section (3A) of section 528, an Additional District Magistrate shall be deemed to be subordinate to the District Magistrate.” 2. In sub-section (2) of section 13, for the words “any Sub-Divisional Magistrate” the words “one or more Sub-Divisional Magistrates” and for the words “any Taluka Magistrate” the words “one or more Taluka Magistrates” shall be substituted. 3. For section 17A, the following shall be substituted, namely :- Procedure, 1898. “ 17A. Subordination of Executive Magistrates.—
  2. (1) All Executive Magistrates appointed under section 13 or 14 shall be subordinate to the district Magistrate; and every Taluka Magistrate shall also PART-I - The Code of Criminal Procedure, 1898.—contd. Year Number Short title Extent of Amendment.
  3. (1) (2) (3) (4) be subordinate to the SubDivisional Magistrate, subject, however, to the general control of the District Magistrate.
  4. (2) The District Magistrate may, from time to time, make rules or give special orders consistent with this Code as to the distribution of business among the Magistrates subordinate to him and as to allocation of business to an Additional District Magistrate.” 4. In section 192, after sub-section (2), the following shall be inserted, namely :— “(3) Any District Magistrate or Sub-Divisional Magistrate may transfer any case of which he has taken cognizance, for inquiry or trial to any Magistrate subordinate to him and such Magistrate may dispose of the case accordingly. 5. After section 406A, the following section shall be inserted, namely :— “406 B. Transfer of appeals to Additional District Magistrates. The District Magistrate may transfer any appeal presented to him under section 406 or 406A to an Additional District Magistrate, and such Additional District Magistrate may hear and dispose of the appeal.” 6. In section 505, in sub-section (1), for the words “Magistrate of the First class” the words “Magistrate subordinate to him” shall be substituted. 7. In section 528, after sub-section (3), the following sub-section shall be inserted, namely :— PART-I - The Code of Criminal Procedure, 1898.—contd. Year Number Short title Extent of Amendment.
  5. (1) (2) (3) (4) “(3A) Where the District Magistrate authorised under sub-section (3) withdraws any case from any Magistrate subordinate to him, he may inquire into or try such case himself or refer it for inquiry or trial to any other Magistrate subordinate to him and competent to inquire into or try the same.” PART - II – Other Central Acts. Year Number Short title Extent of Amendment.
  6. (1) (2) (3) (4) 1867 XXV The Press and In section 1, the words ‘ Magistrate ’ means any Registration of person exercising the full powers of a Magistrate, and includes a ‘Magistrate of Police’ shall be deleted. Books Act, 1867. 1886 XI The Indian Tramways Act, 1886. 1. In section 37, for the words “a Magistrate” wherever they occur, the words “an Executive Magistrate” shall be substituted; 2. In section 38, for the words “a Magistrate” the words “an Executive Magistrate” shall be substituted. 1910 IX The Indian Electricity Act, 1910. 1. In sub-section (3) of section 18, for the words “a Magistrate of the first class” the words “the District Magistrate” shall be substituted; 2. In section 54, for the words “a Magistrate” the words “an Executive Magistrate” shall be substituted. 1912 IV The Indian Lunacy Act, 1912. In section 3, for clause (6) the following shall be substituted, namely:— “(6) ‘Magistrate’ means is Greater Bombay, Presidency Magistrate and elsewhere, a Magistrate of the first class”. 1920 XXXIII The Identification of Prisoners Act, 1920. In section 5, in the first proviso, for the words “except by a Magistrate of the first class” the words “except by the District Magistrate, a Sub- PART - II – Other Central Acts.—contd. Year Number Short title Extent of Amendment.
  7. (1) (2) (3) (4) Divisional Magistrate, a Magistrate of the first class” shall be substituted. 1925 XII The Cotton Ginning and Pressing Factories Act, 1925. 1936 IV The Payment of Wages Act, 1936. In sub-section (1) of section 11, for the words beginning with the words “the District Magistrate” and ending with the words “State Government” the words “the Commissioner of Police in Greater Bombay and the District Magistrate, elsewhere” shall be substituted. In sub-section (1) of section 15, for the word “Magistrate” the words “Judicial Magistrate” shall be substituted. 1948 XI The Minimum Wages Act,1948. In sub-section (1) of section 20, for the word “Magistrate” the words “Judicial Magistrate” shall be substituted. 1951 LVI The Press (Objectionable Matter) Act,1951. In sub-section (2) of section 6, for the words “any Magistrate” the words “any Judicial Magistrate” shall be substituted. PART-III – Bombay Acts Year Number Short title Extent of Amendment.
  8. (1) (2) (3) (4) 1888 III The Bombay In sub-section (1) of section 379A, for the words “Presidency Magistrate” the words “Presidency Magistrate specially empowered by the State Government” shall be substituted. Municipal Corporation Act. 1892 I The Bombay District Vaccination Act, 1892 1901 III The Bombay District Municipal Act, 1901. In section 23, in sub-section (1), for the words “a Magistrate” the words “a Taluka Magistrate” shall be substituted. 1. In sub-section (1) of section 86,—
    • (i) for the words “Magistrate or Bench of Magistrates” the words “Judicial Magistrates or Bench of such Magistrates” shall be substituted; and
    • (ii) for the words “State Government or of the District Magistrate” the words “Sessions Judge” shall be substituted. 1923 VI The Bombay Local Boards Act, 1923. 1925 XVIII The Bombay Municipal Boroughs Act, 1925. 2. In sub-section (3) of section 145, for the words “a Magistrate exercising not less than second class powers” the words “a Taluka Magistrate” shall be substituted. 3. In sub-section (1) of section 148, for the words “a Magistrate of the first class” the words “a Taluka Magistrate” shall be substituted. 4. In section 153, for the words “Magistrate of the first class” the words “Executive Magistrate” shall be substituted. 5. In section 158, for the words, “any Magistrate” the words “any Executive Magistrate” shall be substituted. In section 113,—
    • (i) for the words “Magistrate or Bench of Magistrates” the words “Judicial Magistrate or Bench of such Magistrates” shall be substituted, and
    • (ii) for the words “State Government or of the District Magistrate” the words “Sessions Judge” shall be substituted. 1. In sub-section (1) of section 110, –
    • (i) for the words “Magistrate or Bench Magistrates” the PART-III – Bombay Acts —contd. Year Number Short title Extent of Amendment.
  9. (1) (2) (3) (4) words “Judicial Magistrate or Bench of such Magistrates” shall be substituted; and
    • (ii) for the words “District Magistrate” the words “Session Judge” shall be substituted. 2. In sub-section (3) of section 180, for the words “a Magistrate exercising not less than second class powers” the words “a Taluka Magistrate” shall be substituted. 3. In sub-section (1) of section 183, for the words “a Magistrate of the first class” the words “a Taluka Magistrate” shall be substituted. 4. In section 189, for the words “Magistrate of the first class” the words “Executive Magistrate” shall be substituted. 5. In section 196, for the words “any Magistrate” the words “any Executive Magistrate” shall be substituted. PART-III – Bombay Acts —contd. Year Number Short title Extent of Amendment.
  10. (1) (2) (3) (4) 1938 XIX The Bombay In sub-section (8) of section 3, the words “or subDivisional Magistrate” shall be deleted. Probation of Offenders Act, 1988. 1947 LI The Bombay Habitual Offenders Restriction Act, 1947. In section 11, –
    • (i) for sub-section (1) the following shall be substituted, namely :— “(1) When an order of restriction is made against any person, the court or Magistrate making such order or the court or Magistrate to whom an appeal would lie against such order under section 13 may, at any time, on its or his own motion or on an application from such person and for sufficient reasons to be recorded in writing, make an order cancelling or modifying the order of restriction”;
    • (ii) sub-section (3) shall be deleted. 1948 LXXI The Bombay Children Act, 1948. In section 38, for the words beginning with the word “elsewhere” and ending with the words “is situated” the following shall be substituted, namely :— “elsewhere of the court which passes any order under this Act in respect of the child”. 1949 LIX The Bombay Provincial Municipal Corporations Act, 1949. 1. In sub-section (3) of section 122, for the words beginning with the words “the Chief Presidency Magistrate” and ending with the words “ First Class” the words “ The Presidency Magistrate specially empowered by the State Government, in Greater Bombay and elsewhere, the District Magistrate” shall be substituted. 2. In sub-section (1) of section 207, for the words “a Magistrate of the First Class” the words “the District Magistrate” shall be substituted. 3. In sub-section (2) of section 433, for the words “nearest Magistrate” the words “nearest Judicial Magistrate” shall be substituted.