The Criminal Law Amendment (Bombay Amendment and Extension) Act, 1959

This Act may be called the Criminal Law Amendment (Bombay Amendment and Extension) Act, 1959.

In the Indian Criminal Law Amendment Act, 1908, in its application to the pre-Reorganisation State of Bombay excluding the transferred territories, and the Kutch area and the Vidarbha region of the Bombay State (hereinafter referred to as "the principal Act of 1908"), in section 15, in clause (2), the word " or " at the end of sub-clause

1. (a) and the whole of sub-clause
2. (b) shall be deleted.

Sections 16 and 17A to 17D (both inclusive) of the principal Act of 1908 and section 16A inserted in the Indian Criminal Law Amendment Act, 1908, in its application to the pre-Reorganisation State of Bombay by section 27 of the Bombay Public Security Measures Act, 1947, shall be deleted.

For section 17F of the principal Act of 1908, the following shall be substituted, namely :—

"17F. Every declaration of forfeiture made, or purporting to be made, under this Act, shall, as against all persons, be conclusive proof that the property specified therein has been forfeited and save as provided in section 17E no proceeding purporting to be taken under that section shall be called in question by or in any Court, and no civil or criminal proceeding shall be instituted against any person for anything in good faith done or intended to be done under that section."

In the Criminal Law Amendment Act, 1932, in its application to the pre-Reorganisation State of Bombay excluding the transferred territories, and the Kutch area and the Vidarbha region of the Bombay State (hereinafter referred to as "the principal Act of 1932"), in section 5, in sub-section (2), the words, brackets and figures " or sub-section

1. (1) of section 4 of the Indian Press (Emergency Powers) Act, 1931 " shall be deleted.

Sections 18 and 19 of the principal Act of 1932 shall be deleted.

The principal Act of 1908, as amended by this Act, is hereby extended to, and shall in virtue of such extension be in force in, the Hyderabad and Saurashtra areas of the Bombay State.

In the Indian Criminal Law Amendment Act, 1908, in its application to the State of Bombay, in section 1,—

1. (1) in sub-section (2), after the words and letter " comprised in Part B States " the words ", other than the Hyderabad and Saurashtra areas of the State of Bombay " shall be inserted ;
2. (2) to sub-section (3), the following proviso shall be added, namely :— " Provided that on the date of the commencement of the Criminal Law Amendment (Bombay Amendment and Extension) Act, 1959, the whole of this Act shall come into force in that part of the State of Bombay in which it was not in force immediately before such date."

The principal Act of 1932, as amended by this Act, is hereby extended to, and shall in virtue of such extension be in force in, the Hyderabad and Saurashtra areas of the Bombay State.

In the Criminal Law Amendment Act, 1932, in its application to the State of Bombay, in section 1,—

1. (1) in sub-section (2), after the words and letter " comprised in Part B States " the words ", other than the Hyderabad and Saurashtra areas of the State of Bombay " shall be inserted ;
2. (2) to sub-section (4), the following proviso shall be added, namely :— " Provided that in the Hyderabad and Saurashtra areas of the State of Bombay this Act except section 7 shall come into force on the date of the commencement of the Criminal Law Amendment (Bombay Amendment and Extension) Act, 1959."

On the commencement of this Act,—

1. (1) the Hyderabad Public Security Act, in its application to the Hyderabad area of the State of Bombay; and
2. (2) the Indian Criminal Law Amendment Act, 1908 and the Criminal Law Amendment Act, 1932 (Adaptation) Ordinance, 1949, shall be repealed : Provided that such repeal shall not affect—
   • (a) the previous operation of any law so repealed ; or
   • (b) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed ; or
   • (c) any investigation, legal proceeding or remedy in respect of such 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, subject to the preceding proviso, anything done or any action taken (including any appointment, order, declaration or report made or consent or certificate given or notification issued) by or under any such law, shall in so far as it is not inconsistent with the Indian Criminal Law Amendment Act, 1908 or the Criminal Law Amendment Act, 1932, as the case may be, in its application to the State of Bombay, be deemed to have been done or taken under the corresponding provisions of the relevant Act aforesaid.