The Tamil Nadu References to Magistrates in Laws (Special Provisions) Act, 1980

The Tamil Nadu References to Magistrates in Laws (Special Provisions) Act, 1980

Act 33 of 1980

Keyword(s): Code, Law in Force, Construction of Certain Refrences, Magistrates

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1980 :T.N. Act 331 References to Mugistraies inLaws 91

(Special Provisions)

TAMIL NADU ACT NO. 33 OF 1980.*

THE TAMIL NADU REFERENCES TO MAGISTRATES IN LAWS (SPECIAL PROVISIONS) ACT,

1980,

[Received the assent of the President on the 29rh September

1980, first published in the Tamil Nadu 30vernrn:~t Gazette E r t r m t d i ~ y017 the Nth S z ~ t e x F < z19W (Purattasi 14, Rowtlziri-2011-l'hiruvalluvar Aandu).]

' .4n Act to provide for the construction of certain references to Magistrates, etc., in laws in force in the State of Tarnil

Nadu.

BEit enacted by the Legiblature of the State of Tamil Nadu in the thirty-first .Year of the Republic of India as follows:-

1. (1) This Act may be caned the Tamil Nadu &fe- Short title and rences to Magistrates in Laws (Special Provisions) Act, commencement.

1980.

1. (2) It shall come into force on s ~ c dateh as the State Government may, by notification, appoin:.

(a) "Code" meanstheGodeof CriminalPrc-dure, 1973 (Central Act 2 of 1974) 1 (b) "lavr in force" includes any enactment, Ordi- nance, regulation, order, by-law, rule, scheme or notification in force in the whole or in any part of the State of Tamil Nadu or any instrument having the force of law in the whole or in any part of the State of Tamil Nadu. L7. (1)Inthe Code,- (a) any reference without any qualifying words, Constructiontoof to a Magistrate, which has to be construed as a reference Maglsrratcs, , to a Judicial Magistrate under section 3 (1) (a) (i) of the etc. Code, shall,byreason of this Act,beconstruedas areference to a District Munsif-cum-Judicial Magistrate exercising the powers of a Judicial Magistrate of the first class or of the-secondclass, asthe case may be ; - • ForStatement of Objccts and Reasons,see Tamil ~VadlrGoyern- ment Gazette Extraordinary, dated the 6th August 1950, Part. ][V-Section 1, page 255, 92 References to Magistrates [1980: T.N. Act 33 * inLaw8 (Special Provislonq) (b) any reference to a ~ a ~ i s t r a t eof the second class which has to be construed as a reference to a Judicial Magistrate of the second class under section 3 (1) (b) of the Code, shall, by reason of this Act, be construed as a . reference to a District Munsif-cum-Judicial Magistrate exercising the powers ofaJudicial Magistrate of the sco91~d class ; (c) any reference to a Magistrate of the first class. which has to be construed as a reference to a Judicial Magistrate of the first class unde: section 3 (1) (c) (ii) of tho Code, shall, by reason of this Act, bconstrued a8 a reference to a District Muasif-cum--Judicial Magistrate exercising the powers of a Judicial Magistrate of the flrlt dasr (d) any reference to a Judicial Magistrate sbll, by rearon of this Act, be construed as a reference to a , District Munsif-cum-Judicial Magistrate exercising the powers of a Judicial Magistrate of the first claw or of tbr socoad class, as the case may bc. (2) Any reference in any law in force passed bforr tho commencement ofthe Coda,-- (a) to a Magistrateof the firat class whichha8to be oonstrued as a reference to a Judicial Magistrate ofthe first class under section 3 (3) (a) of the Code, W, by rearonofthts Act, be construed asa reference to aDistrict Murimif-cum-Judicial Magistrate -xercising tho powers of a Judldal Magistrate of the first class 1 (b)to a Magistrate of the second class or of the third classwhich has to be oonstrued as a referenoeto a Judicial Magistrate of the ~econdclass under section 3 (3) (b)of the Code, shall, by reason of this Act, be wmtrued as a refereace to tr District Wnsif-cum-Judicial Magistrato exercising the powers of a Judicial Ma@trate of the second class. 0,3?y reference in any law in folcs passed rftcr a tLr; commencement of the Code,-- (a) to a Judicial Magistrateof the first class.hll, by reason of this Act, be construed as a reference to a District Munsif-eum-Juuicial Magistrate exercising tb powersof a Judic~alMagistrateof the first class ; '1Md:f.N. Act331 keferencesto~agistiatesjn93 Isms (SpcialProvisions) I (b)to a Judicial Magistrate of the second class, abll, by reason of this Act, be construed as a reference to a District Mun*sif-cum-JudicialMagistrate exercising the powels of a Judicial Magistrate of the second class; (c) to a Judicial Magistrate, shall, by reason of this Act, t>e construed asa reference to a District Munsifcum-Judicial Magistrate exercising the powers of a JudicialMagistlate of the first classor of thesecond class, asthe casemay be. (4) For the purpose of exercise of functions of a Judicial Magistrate by a District Munsif-cum-Judiclrl Magistrate exercising the powers of a Judicia; Vagistrate .of the first classor of the second class, as the czse may be, under any law in force other than the Code, the provisions of sub-section (4) (a) of section 3 of tho Code shall apply.