The Gujarat Separation of Judicial and Executive Functions Act, 1951

GUJARAT
India

The Gujarat Separation of Judicial and Executive Functions Act, 1951

Act 23 of 1951

Published on 5 July 1951
Commenced on 5 July 1951
[This is the version of this document from 5 July 1951.]
[Note: The original publication document is not available and this content could not be verified.]

The Bombay Separation of Judicial and Executive Functions Act, 1951Bombay Act No. 23 of 1951[Dated 5th July, 1951]For Statement of Objects and Reasons, see Bombay Government Gazette, 1951, Part V, pp. 28-29; for Report of the Select Committee, see ibid.An Act to provide for the separation of Judicial and Executive functions in the State of Bombay.Whereas it is expedient to provide for the separation of the performance of judicial and executive functions by officers in the State of Bombay; It is hereby enacted as follows:-

1. Short title, extent and commencement.

(1)This Act may be called the Bombay Separation of Judicial and Executive Functions Act, 1951.

(2)It extends to the whole of the State of Bombay.

(3)It shall come into force on such date as the State Government may, by notification in the Official Gazette, specify in this behalf.

2. Amendments to enactments.

- 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.

- 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.

- [(1)] [Section 4 was numbered as sub-section (1) by Bombay 34 of 1953, Section 12.] [Save as provided in this section, nothing in this Act] [These words were substituted for the words 'Nothing in this Act', by Bombay 34 of 1953, Section 12.] shall be deemed 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 comes 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] [This portion was substituted for Clause (e) by Bombay 34 of 1953, Section 12.].

(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.] [Sub-section (2) was inserted, by Bombay 34 of 1953, Section 12.]

Schedule

(See Section 2)

Part I – The Code of Criminal Procedure, 1898

Years	No.	Short title	Extent of Amendment
1	2	3	4
1898	V	Code of Criminal Procedure, 1898.	1. For Section 6, the following shall be substituted, namely:-
			"6. Classes of Criminal Courts.- Besides the HighCourt and the Court constituted under any law other than thisCode for the time being in force, there shall be two classes ofCriminal Courts in the State of Bombay, namely:-
			1.-Courts of Session.
			II.-Courts of Magistrates."
			2. After Section 6, the following shall be inserted, namely.-
			"A-l. Classes of Magistrates
			6-A. Classes of Magistrates.- There shall be thefollowing classes of Magistrates, namely :-
			I. Judicial Magistrates.
			(1) Presidency Magistrates.
			(2) Magistrates of the first class.
			(3) Magistrates of the second class.
			(4) Magistrates of the third class.
			(5) Special Judicial Magistrates.
			II. Executive Magistrates.
			(1) District Magistrates.
			(2) Sub-Divisional Magistrates.
			(3) Taluka Magistrates.
			(4) Presidency Magistrates specially empowered by the StateGovernment.
			(5) Special Executive Magistrates."
			3. For Section 7, the following shall be substituted,namely.-
			"7. Sessions Divisions and Districts.-
			(1) The State of Bombay shall consist of Sessions divisions;and every sessions division; shall for the purposes of the Code,be a district; or consist of districts.
			(2) For the purposes of this Code, Greater Bombay shall be asessions division and be deemed to be a district.
			(3) The State Government may alter the limits or the numberof such divisions and districts.
			(4) The sessions divisions and districts existing when theBombay Separation of Judicial and Executive Functions Act, 1951(Bombay XXIII of 1951), comes into force shall be sessionsdivisions and districts respectively, unless and until they areso altered."
			4. In Section 8, in sub-section (1), for the words "outsidethe presidency-towns" the words "outside GreaterBombay" shall be substituted.
			5. In Section 9.-
			(i) in sub-section (1), after the words "sessionsdivision, and" the words "in consultation with theHigh Court" shall be inserted;
			(ii) in sub-section (3), after the words "may also"the words "in consultation with the High Court" shallbe inserted;
			(iii) in sub-section (4), after the words "sessionsdivision may" the words "in consultation with the HighCourt" shall be inserted.
			6. In Section 10.-
			(i) in sub-section (1),-
			(a) for the words "outside the presidency-towns"the words "outside Greater Bombay" shall besubstituted;
			(b) the words "Magistrate of the first class, who shallbe called the" shall be deleted;
			(ii) in sub-section (2), the words "any Magistrate ofthe first class to be" shall be deleted;
			(iii) sub-section (3) shall be deleted.
			7. In Section 12.-
			(i) in sub-section (1),-
			(a) the words "besides the District Magistrate"shall be deleted;
			(b) for the words "outside the presidency-towns"the words "outside Greater Bombay" shall besubstituted;
			(c) the words "the State Government or the DistrictMagistrate, subject to the control of the State Government"shall be deleted;
			(ii) after sub-section (1), the following sub-section shallbe inserted, namely :- "(1-A) The power of appointment ofMagistrates under sub-section (1) shall on the issue of publicnotification under Article 237 of the Constitution, be exercisedsubject to the terms of the said notification.",
			(iii) for the marginal note to the said section, thefollowing shall be substituted, namely :-
			"Judicial Magistrates."
			8. In Section 13.-
			(1) in sub-section (1), the words "of the first orsecond class" shall be deleted and after the words"sub-division" the words "or a taluka" shallbe inserted;
			(ii) in sub-section (2), after the words "Sub-divisionalMagistrates" the words "or Taluka Magistrates, as thecase may be" shall be added;
			(iii) in the marginal note to the said section, the words "ortaluka" shall be added.
			9. For Section 14, the following shall be substituted,namely.-
			"14. Special Magistrates.- (1) The StateGovernment may, in consultation with the High Court, confer uponany person all or any of the powers conferred or conferrable byor under this Code on a Judicial Magistrate in respect toparticular cases or to a particular class or classes of cases,or in regard to cases generally in any local area. SuchMagistrates shall be called Special Judicial Magistrates andshall be appointed for such term as the State Government may inconsultation with the High Court by general or special orderdirect.
			(2) The State Government may also appoint ExecutiveMagistrates for particular areas or for the performance ofparticular functions and confer upon them such powers as itdeems fit. Such Magistrates shall be called Special ExecutiveMagistrates and shall be appointed for such term as the StateGovernment may by general or special order direct :
			Provided that no powers shall be conferred under thissub-section on any police officer below the grade of AssistantSuperintendent and no powers shall be conferred on a policeofficer except so far as may be necessary for preserving thepeace, preventing crime and detecting, apprehending anddetaining offenders in order to their being brought before aMagistrate, and for the performance by the officer of any otherduties imposed upon him by any law for the time being in force.
			(3) The State Government may delegate, with such limitationsas it may think fit, to any other officer under its control thepowers conferred by sub-section (2)."
			10. In Section 15, in sub-section (1), for the words "TheState Government may direct any two or more Magistrates in anyplace outside the presidency-towns" the words "TheState Government may, in consultation with the High Court,direct any two or more Judicial Magistrates in any place outsideGreater Bombay" shall be substituted.
			11. In Section 16, for the words "The State Governmentmay, or, subject to the control of the State Government, theDistrict Magistrate" the words "The High Court,subject to the sanction of the State Government" shall besubstituted.
			12. In Section 17.-
			(i) in sub-section (1),-
			(a) for the words "All Magistrates" the words "AllJudicial Magistrates" shall be substituted;
			(b) the figures, "13" shall be deleted;
			(c) for the words "District Magistrate" the words"Sessions Judge" shall be substituted;
			(d) the word "and" at the end shall be deleted;
			(ii) sub-section (2) and sub-section (5) shall be deleted;
			(iii) in the marginal note to the said section, for the word"Magistrates" the words "Judicial Magistrates"and for the words "District Magistrate" the words"Sessions Judge" shall be substituted.
			13. After Section 17, the following sections shall beinserted, namely.-
			"17-A. Subordination of Executive Magistrates toDistrict Magistrate.- All Executive Magistrates appointedunder Sections 13 and 14 shall be subordinate to the DistrictMagistrate.
			17B. Courts of Session and Courts of Magistrates (includingCourts of Presidency Magistrates) shall be Criminal Courtsinferior to the High Court and Courts of Magistrates outsideGreater Bombay shall be Criminal Courts inferior to the Court ofSession."
			14. In Section 18, after sub-section (4) the followingsub-section shall be added, namely :-
			"(5) The power of appointment of the Chief PresidencyMagistrate and the Additional Chief Presidency Magistrate shallbe exercised in consultation with the High Court and the powerof appointment of other Presidency Magistrates shall on theissue of public notification under Article 237 of theConstitution, be exercised subject to the terms of the saidnotification."
			15. In Section 29-B,-
			(i) the words "a District Magistrate or" shall bedeleted;
			(ii) for the words "by any Magistrate speciallyempowered by the State Government" the words "by anyJudicial Magistrate specially empowered by the State Governmentin consultation with the High Court " shall be substituted.
			16. In Section 36, for the words "District Magistrates,Sub-divisional Magistrates and Magistrates of the first, secondand third classes" the words "Judicial and ExecutiveMagistrates other than Special Judicial and ExecutiveMagistrates" shall be substituted.
			17. For Section 37, the following shall be substituted,namely.-
			"37. Additional powers conferrable on Magistrates.-In addition to his ordinary powers, the State Government mayinvest any Magistrate with the powers as specified in the fourthSchedule :
			Provided that in the case of Judicial Magistrates such powersshall be conferred in consultation with the High Court:
			Provided further that the State Government may authorise aDistrict Magistrate to invest any Magistrate subordinate to himwith any of the powers specified in Part II of the fourthSchedule."
			18. In Section 38, for the words "conferred on" thewords "delegated to" shall be substituted.
			19. After Section 38, the following section shall beinserted, namely. -"38-A. Powers on JudicialMagistrates to be conferred in consultation with the HighCourt.- Whenever under any provisions of this Code or of anylaw for the time being in force relating to any of the mattersspecified in Lists II and III of the Seventh Schedule to theConstitution any judicial powers are to be conferred on*aSessions Judge, an Additional or Assistant Sessions Judge or aJudicial Magistrate or any such Magistrate is to be speciallyempowered to exercise such powers, the orders conferring suchpowers or empowering the exercise of such powers shall be madeby the State Government in consultation with the High Courtnotwithstanding that such provision may not expressly providefor such consultation.
			Explanation.-For the purposes of this section thequestion whether any powers are judicial shall be decided by theState Government in consultation with the High Court and suchdecision shall be final."
			20. In Section 41, to sub-section (1) the following provisoshall be added, namely:-
			"Provided that in the case of Judicial Magistrates thewithdrawal of such powers shall be made in consultation with theHigh Court."
			21. In Section 57, in sub-section (2), for the words "beforea Magistrate if so required" the words "before aMagistrate having jurisdiction if so required" shall besubstituted.
			22. In Section 63, for the words "special order of aMagistrate" the words "special order of a Magistratehaving jurisdiction" shall be substituted.
			23. In Section 78, in sub-section (1), after the words "orSub-divisional Magistrate" the words "or Magistrate ofthe first class" shall be inserted.
			24. In Section 88, in sub-section (6-C), the words beginningwith the words "of the first" and ending with thewords "may be" shall be deleted.
			25. In Section 94, in sub-section (1) for the words "beyondthe limits of the towns of Calcutta and Bombay" the words"beyond the limits of Greater Bombay" shall besubstituted.
			26. In Section 106, in sub-section (1), the words "aDistrict Magistrate, a Sub-divisional Magistrate" shall bedeleted.
			27. In Section 107, in sub-section (1), for the words"Presidency Magistrate, District Magistrate, Sub-divisionalMagistrate or Magistrate of the first class" the followingshall be substituted, namely:-
			"Presidency Magistrate specially empowered by the StateGovernment in this behalf or a District Magistrate orSub-divisional Magistrate or a Taluka Magistrate speciallyempowered by the State Government in this behalf'.
			28. In Section 108, for the words "or a PresidencyMagistrate, or Magistrate of the first class" the words "orSu.- divisional Magistrate or a Presidency Magistrate"shall be substituted.
			29. In Section 109, for the words "PresidencyMagistrate, District Magistrate, Sub-Divisional Magistrate orMagistrate of the first class" the words "PresidencyMagistrate specially empowered by the State Government in thisbehalf, or a District Magistrate or a Sub-divisional Magistrate"shall be substituted.
			30. In Section 110, for the words "PresidencyMagistrate, District Magistrate, or Sub-Divisional Magistrate ora Magistrate of the first class specially empowered in thisbehalf by the State Government" the words "PresidencyMagistrate specially empowered by the State Government in thisbehalf, or a District Magistrate or a Sub-divisional Magistrate"shall be substituted.
			31. In Section 126,-
			(i) In sub-section (1), for the words beginning with thewords "to a Presidency Magistrate" and ending with thewords "first class" the words "to the Court bywhich an order was made to give security" shall besubstituted;
			(ii) for sub-section (2), the following shall be substitutednamely :-
			"(2) On such application being made, the Court shallissue summons or warrant, as it may think fit, requiring theperson for whom such surety is bound to appear or to be broughtbefore it."
			32. In Section 133, in sub-section (1),-
			(i) for the words "District Magistrate, a Sub-divisionalMagistrate or a Magistrate of the first class" the words"Presidency Magistrate specially empowered by the StateGovernment in this behalf or a District Magistrate or aSub-divisional Magistrate" shall be substituted;
			(ii) in the last paragraph for the words "to appearbefore himself or some other Magistrate of the first or secondclass" the words "to appear before himself or someother Executive Magistrate" shall be substituted.
			33. In Section 143, for the words "A District Magistrateor Sub-divisional Magistrate, or any other Magistrate empoweredby the State Government or the District Magistrate in thisbehalf" the words "A Presidency Magistrate speciallyempowered by the State Government in this behalf or a DistrictMagistrate or a Sub-divisional Magistrate or any ExecutiveMagistrate empowered either by the State Government or theDistrict Magistrate in this behalf" shall be substituted.
			34. In Section 144, in sub-section (1), for the words andbrackets "or of any other Magistrate (not being aMagistrate of the third class)" the words "or of anyother Executive Magistrate" shall be substituted.
			35. In Section 145, in sub-section (1), for the words "orMagistrate of the first class" the words "or any otherExecutive Magistrate specially empowered by the State Governmentin this behalf" shall be substituted.
			36. In Section 147, in sub-section (1), for the words "orMagistrate of the first class" the words "or any otherExecutive Magistrate specially empowered by the State Governmentin this behalf" shall be substituted.
			37. In Section 164, in sub-section (1), for the words "AnyPresidency Magistrate, any Magistrate of the first class and anyMagistrate of the second class specially empowered in thisbehalf by the State Government" the words "AnyPresidency Magistrate, any District Magistrate, anySub-divisional Magistrate, any Magistrate of the first class orany other Magistrate specially empowered by the State Governmentin this behalf shall be substituted.
			38. In Section 167,-
			(i) in sub-section (1), for the words "the nearestMagistrate" the words "the nearest JudicialMagistrate" shall be substituted;
			(ii) for sub-section (4), the following shall be substituted,namely :-
			"(4) Any Magistrate giving such order shall forward acopy of his order, with his reasons for making it, to theSessions Judge."
			39. In Section 170, sub-section (3) shall be deleted.
			40. In Section 174, in sub-section (5), for the words "orMagistrate of the first class and any Magistrate" the words"or any Executive Magistrate" shall be substituted.
			41. In Section 186, in sub-section (1), for the words "aDistrict Magistrate, a Sub-divisional Magistrate, or if he isspecially empowered in this behalf by the State Government, aMagistrate of the first class" the words "or aMagistrate of the first class specially empowered in this behalfby the State Government in consultation with the High Court"shall be substituted.
			42. In Section 187, in sub-section (1), for the words "bya Magistrate other than a Presidency Magistrate or DistrictMagistrate, such Magistrate shall send the person arrested tothe District or Sub-divisional Magistrate" the words "theMagistrate issuing the warrant shall send the person arrested tothe Sessions Judge" shall be substituted.
			43. In Section 190-
			(i) in sub-section (1),
			(a) the words, "District Magistrate or Sub-divisionalMagistrate" shall be deleted;
			(b) for the words "any other" the words "anyjudicial" shall be substituted;
			(c) after the words "in this behalf the words "bythe State Government in consultation with the High Court"shall be inserted;
			(ii) in sub-section (2), the words "or the DistrictMagistrate subject to the general or special orders of the StateGovernment," shall be deleted;
			(iii) in sub-section (3), after the words "the StateGovernment may" the words "in consultation with theHigh Court" shall be inserted.
			44. In Section 192,-
			(i) in sub-section (1), the words "District Magistrateor Sub-divisional Magistrate" shall be deleted;
			(ii) in sub-section (2),-
			(a) for the words "any District Magistrate" thewords "A Sessions Judge" shall be substituted;
			(b) for the words "in his district" the words "inthe sessions division" shall be substituted.
			45. In Section 193, in sub-section (2), after the words "theState Government" the words "in consultation with theHigh Court" shall be inserted.
			46. In Section 206, in sub-section (1),-
			(i) the words "District Magistrate, Sub-divisionalMagistrate" shall be deleted;
			(ii) after the words "State Government" the words"in consultation with the High Court" shall beinserted.
			47. In Section 249, for the words "or with the previoussanction of the District Magistrate, any other Magistrate"the words "or any other Judicial Magistrate speciallyempowered in this behalf by the State Government in consultationwith the High Court" shall be substituted.
			48. In Section 260, in sub-section (1),-
			(i) the clause "(a) the District Magistrate," shallbe deleted;
			(ii) in clauses (b) and (c) after the words "StateGovernment' the words "in consultation with the High Court"shall be inserted.
			49. In Section 261, after the words "The StateGovernment may" the words "in consultation with theHigh Court" shall be inserted.
			50. In Section 265, in sub-section (2), after the words "TheState Government may" the words "in consultation withthe High Court" shall be inserted.
			51. In Section 269, in sub-section (1), after the words "TheState Government may" the words "in consultation withthe High Court" shall be inserted.
			52. In Section 337, in the proviso to subsection (1), thewords "other than the District Magistrate" shall bedeleted, and for the words "sanction of the DistrictMagistrate" the words "sanction of the Sessions Judge"shall be substituted.
			53. In Section 346, in sub-section (1),-
			(i) for the words "outside the presidency-towns"the words "outside Greater Bombay" shall besubstituted;
			(ii) after the words "District Magistrate" thewords "or Sessions Judge, as the case may be," shallbe inserted.
			54. In Section 349, -
			(i) in sub-section (1), for the words "to the DistrictMagistrate or Sub-Divisional Magistrate to whom he issubordinate" the words "to a Magistrate of the firstclass specially empowered in this behalf by the State Governmentin consultation with the High Court" shall be substituted;
			(ii) in sub-section (1 -A), for the words "the DistrictMagistrate or Sub-divisional Magistrate" the words,brackets and figure "the Magistrate, empowered undersub-section (1)" shall be_substituted.
			55. In Section 350, in proviso (b) to subsection (1), for thewords "subordinate to the District Magistrate, the DistrictMagistrate" the words "the Court of Session"shall be substituted; and the words "or DistrictMagistrate" shall be deleted.
			56. In Section 380, the words "or a Sub-divisionalMagistrate" shall be deleted.
			57. In Section 407,-
			(i) in sub-section (1),-
			(a) the word "sub-division" shall be deleted;
			(b) for the words "District Magistrate" the words"Court of Session" shall be substituted;
			(ii) in sub-section (2),-
			(a) for the words "District Magistrate", whereverthey occur, the words "Sessions Judge" shall besubstituted;
			(b) after the words "State Government" the words"in consultation with the High Court" shall beinserted.
			58. In Section 408, for the words, "a DistrictMagistrate or other" the words "or a" shall besubstituted.
			59. In Section 413, for the words "District Magistrateor other" the letter "a" shall be substituted.
			60. In Section 428, in sub-section (1), for the words "bya Magistrate" the words "by a Judicial Magistrate"shall be substituted.
			61. In Section 435,-
			(i) in sub-section (1), the words "or DistrictMagistrate, or any Sub-divisional Magistrate empowered by theState Government in this behalf," and the Explanation tothe said sub-section shall be deleted;
			(ii) for sub-sections (2) and (4), the following shall besubstituted, namely:-
			"(2) The District Magistrate or any Sub-divisionalMagistrate empowered by the State Government in this behalf, maycall for and examine the record of any proceedings before anySubordinate Executive Magistrate for the purpose of satisfyinghimself as to the correctness, legality or propriety of anyorder recorded or passed and as to the regularity of anyproceedings of such Subordinate Magistrate and may, when callingfor such record, direct that the execution of any order besuspended and if the person is in confinement that he bereleased on bail on his own bond pending the examination of therecord.
			(3) If any Sub-divisional Magistrate acting under sub-section(2), considers that any such proceeding or order is illegal orimproper he shall forward the record with such remarks thereonas he thinks fit to the District Magistrate.
			(4) The High Court may call for and examine the record of anyproceeding under Sections 143, 144 or 145, notwithstanding thefact that such proceeding was before an Executive Magistrate."
			62. In Section 436,-
			(i) the said section shall be renumbered as sub-section (1)of that section;
			(ii) in sub-section (1) so renumbered for the words "theDistrict Magistrate by himself or by any of the Magistratessubordinate to him, to make, and the District Magistrate mayhimself make, or direct any subordinate Magistrate to make"the words "the Judicial Magistrate to make," shall besubstituted;
			(iii) the following new sub-section shall be added, namely :-
			"(2) On examining any record under Section 435 orotherwise, the District Magistrate may direct any Sub-DivisionalMagistrate or any other Executive Magistrate subordinate to himto make, and the Sub-divisional Magistrate may himself make ordirect any subordinate Magistrate to make, further inquiry intoany proceedings :
			Provided that no District Magistrate shall make any directionunder this section for further inquiry into the case of anyperson unless such person has had an opportunity of showingcause why such direction should not be made."
			63. In Section 437, the words "or District Magistrate"and the words "or Magistrate", wherever they occur,shall be deleted.
			64. In Section 438, the words "or District Magistrate"shall be deleted.
			65. In Section 479, the words, "District Magistrate"shall be deleted.
			66. In Section 488, in sub-section (1), the words "theDistrict Magistrate," and the words "a Sub-divisionalMagistrate" shall be deleted.
			67. [ In Section 503, as inserted by Section 21 of Act I of1951, in subsection (2),- [This entry was substituted for the original by Bombay 39 of 1951, Section 3, Second Schedule.]
			(i) for the words "such magistrate shall apply to thedistrict magistrate" the following shall be substituted,namely
			"such magistrate, if he is a judicial magistrate shallapply to the sessions judge and if he is an executive magistrateshall apply to the district magistrate,";
			(ii) for the words "and the district magistrate"the words "and the sessions judge or the districtmagistrate, as the case may be," shall be substituted.]
			68. For Section 515, the following shall be substituted,namely .-
			"515. Appeal from and revision of orders undersection 54.- All orders passed under Section 514 by anExecutive Magistrate other than the District Magistrate shall beappealable to the District Magistrate and by a JudicialMagistrate other than a Presidency Magistrate to the SessionsJudge and if no appeal is made against such orders they may berevised in the case of the orders passed by an ExecutiveMagistrate by the District Magistrate and in the case of theorders passed by a Judicial Magistrate by the Sessions Judge."
			69. In Section 524, in sub-section (1), for the words "ofa Magistrate of the first class" the words "of anExecutive Magistrate" shall be substituted.
			70. In Section 528, in sub-section (2)-
			(i) for the words "District Magistrate or Sub-DivisionalMagistrate" the words "or Sessions Judge" shallbe substituted;
			(ii) in the marginal note to the said sub-section, for thewords `District or Sub-divisional Magistrate" the words"Chief Presidency Magistrate or Sessions Judge" shallbe substituted.
			71. In Section 559, in sub-section (2), for the words "theDistrict Magistrate outside such towns," the words "outsidesuch towns, the Sessions Judge in the case of JudicialMagistrates and the District Magistrate in the case of ExecutiveMagistrates," shall be substituted.
			72. In Section 561, for the words "District Magistrate",wherever they occur, the words "a Magistrate of the firstclass" shall be substituted.
			73. In Section 562, in the proviso to sub-section (1), thewords "or Sub-divisional Magistrate" shall be deleted.
			74. In Section 565, in sub-section (1), the words "DistrictMagistrate, Sub-divisional Magistrate" shall be deleted.
			75. In Schedule II, in column 8-
			(i) for the words "Any Magistrate", wherever theyoccur, the words "Any Judicial Magistrate" shall besubstituted;
			(ii) in the entry relating to Section 124-A, the words "orDistrict Magistrate" shall be deleted and after the words"in that behalf' the words "in consultation with theHigh Court" shall be inserted;
			(iii) in the entry relating to Section 376, for the words"District Magistrate" the words "Magistrate ofthe first class" shall be substituted.
			76. In Schedule III.-
			(a) In Part I, in item (17), for the words "DistrictMagistrate" the words "Sessions Judge" shall besubstituted.
			(b) In Part III,-
			(i) after item (1) the following shall be inserted, namely:-
			(1-a) Power to direct warrants to landholders, Section 78;
			(ii) items (4), (5), (6), (6-a), (7) and (7-b) shall bedeleted.
			(c) after Part III the following shall be inserted, namely :-
			"III-A.-Ordinary powers of a Taluka Magistrate.
			(1) Power to arrest or direct the arrest of, and to commit tocustody a person committing an offence in his presence, Section64.
			(2) Power to arrest, or direct the arrest, in his presence ofan offender, Section 65.
			(3) Power to endorse a warrant, or to order the removal of anaccused person arrested under a warrant, Sections 83, 84 and 85.
			(4) Power to require search to be made for letters andtelegrams, section 95.
			(5) Power to issue search warrant, Section 96.
			(6) Power to endorse a search warrant and order delivery ofthings found, Section 99.
			(7) Power to command unlawful assembly to disperse, Section127.
			(8) Power to use civil force to disperse unlawful assembly,Section 128.
			(9) Power to require military force to be used to disperseunlawful assembly, Section 130.
			(10) Power to apply to District Magistrate to issuecommission for examination of witness, Section 506.
			(11) Power to recover penalty on forfeited bond, Section 514and to require fresh security, Section 514-A.
			(12) Power to make order as to disposal of property, Section517.
			(13) Power to sell property of a suspected character, Section525."
			(d) In Part IV,-
			(i) for item (1), the following shall be substituted, namely:-
			"(1) The ordinary powers of a Taluka Magistrate;"
			(ii) after item (2), the following shall be inserted, namely:-
			"(2-a) Power to issue search warrant otherwise than incourse of an inquiry, Section 98.
			(2-b) Power to issue search warrant for discovery of personswrongfully confined, Section 100.
			(2-c) Power to require security to keep the peace, Section107.
			(2-d) Power to require security for good behaviour, Section109.";
			(iii) after item (3), the following shall be inserted, namely:-
			"(4) Power to discharge sureties, Section 126-A.
			(4-a) Power to make orders as to local nuisances, Section133.";
			(iv) after item (6), the following shall be inserted namely:-
			"(6-a) Power to make orders etc. in possession cases,Sections 145, 146 and 147.";
			(v) after item (8), the following shall be inserted, namely:-
			"(8-a) Power to record statements and confessions duringa police investigation, Section 164.";
			(vi) after item (9), the following shall be inserted, namely:-
			"(10) Power to hold inquests, Section 174.";
			(vii) items (12) to (16) (both inclusive) shall be deleted;
			(viii) item (19) shall be deleted;
			(e) in Part V, items (1-a), (7), (8), (10), (12), (13) and(14) shall be deleted.
			77. For Schedule IV, the following shall be substituted,namely .-

Schedule IV.
(See Section 37)
Additional Powers With Which Magistrates MayBe Invested
Part I.-By State Government
Powers with Which A Magistrate of the FirstClass May be Invested.
			1. Power to issue process for person withinlocal jurisdiction who has committed and offence outside thelocal jurisdiction, Section 186;
			2. Power to take cognisance of offences uponcomplaint, Section 190;
			3. Power to take cognizance of offences uponpolice reports, Section 190;
			4. Power to take cognizance of offences withoutcomplaint, Section 190;
			5. Power to transfer cases, Section 192;
			6. Power to try summarily, Section 260;
			7. Power to pass sentence on proceedingsrecorded by a Magistrate of the Second and Third Class, Section349;
			8. Power to hear appeals from conviction byMagistrate of the Second and Third Class, Section 407;
			9. Power to try cases under Section 12. - A ofthe Indian Penal Code.
			Powers with which a Magistrate of the SecondClass may be invested.
			1. Power to record statements and confessionsduring a police investigation, Section 164;
			2. Power to authorise detention of a person inthe custody of the police during a police investigation, Section167;
			3. Power to take cognizance of offences uponcomplaint, Section 190;
			4. Power to take cognisance of offences uponpolice reports Section 190;
			5. Power to take cognizance of offences withoutcomplaint, Section 190;
			6. Power to commit for trial, Section 206;
			7. Power to stop proceedings institutedotherwise than upon complaint, Section 249;
			8. Power to make order as to first offenders,Section 562.
			Powers with which a Magistrate of the ThirdClass may be invested.
			1. Power to record statement and confessionsduring a police investigation, Section 164;
			2. Power to take cognizance of offences uponcomplaint, Section 190;
			3. Power to take cognizance of offences uponpolice report, Section 190;
			4. Power to stop proceedings institutedotherwise than upon complaint, Section 249.
Part II.-By State Government Powers with whicha Sub-Divisional Magistrate may be Invested
			1. Power to call for records, Section 435.
			Powers with which any other ExecutiveMagistrate may be invested.
			1. Power to make orders prohibiting repetitionsof nuisances, Section 143;
			2. Power to make orders under Section 144;
			3. Power to make orders, etc., in possessioncases, Sections 145 and 147;
			4. Power to record statements and confessionsduring a police investigation, Section 164;
			5. Power to hold inquests, Section 174;
			6. Power to sell property alleged or suspectedto have been stolen, etc., Section 524.
			By District Magistrate
			Powers with which any Executive Magistratemay be invested.
			1. Power to make orders prohibiting repetitionof nuisances, Section 143;
			2. Power to make orders under Section 144;
			3. Power to hold inquests, Section 174."
Part II. - Other Central Acts
[1871 [This portion was inserted by Bombay 24 of 1953, Section 13.]	I	The Cattle Trespass Act, 1871	(1) In Section 20, for the words "theMagistrate of the District or any Magistrate authorized toreceive and try charges without reference by the Magistrate ofthe District" the words "the Magistrate of the FirstClass" shall be substituted.
			(2) in Sections 24, 26 and 27 the words "beforea Magistrate" shall be deleted.]
1889	I	The Metal Tokens Act, 1889.	In Section 5, in sub-section (2), the words"except a District Magistrate or Sub-Divisional Magistrate"shall be deleted.
1894	IX	The Prisons Act, 1894.	In Section 52,-
			(i) the words "of the District Magistrateor" shall be deleted;
			(ii) in the first proviso, the words "bythe District Magistrate to any Magistrate of the first class and"shall be deleted.
1897	VIII	The Reformatory Schools Act, 1897.	1. In Section 8, in sub-section (2), for thewords "by the State Government in this behalf' the words "bythe State Government in this behalf in consultation with the HighCourt" shall be substituted.
			2. In Section 9, in sub-section (1), for thewords "the District Magistrate to whom he is subordinate"the words, brackets and figures "the Magistrate speciallyempowered under sub-section (2) of Section 8" shall besubstituted.
			3. In Section 10, for the words "DistrictMagistrate" the words, brackets and figures "Magistratespecially empowered under sub-section (2) of Section 8"shall be substituted.
			4. In Section 11, in sub-section (2), for thewords "District Magistrate" the words "Magistratespecially empowered" shall be substituted.
			5. In Section 31.-
			(i) in sub-section (4) for the words "theDistrict Magistrate to whom such Court is subordinate" thewords, brackets and figures "the Magistrate speciallyempowered under sub-section (2) of Section 8" shall besubstituted;
			(ii) in sub-section (5), the word "District"shall be deleted.
1900	III	The Prisoners Act, 1900	In Section 37, for the words "DistrictMagistrate" the words "Sessions Judge" shall besubstituted.
1911	X	The Prevention of Seditious Meetings Act, 1911	In Section 8, the words "or Sub-divisionalMagistrate" shall be deleted.
1917	I	The Inlnad Steam-vessels Act, 1917	In Section 33, in clause (b) of subsection (1),the words "or the Court of any District Magistrate"shall be deleted.
			2. In Section 35, in sub-section (1) the words"or the court of the District Magistrate," shall bedeleted.
			3. In Section 38, in clause (b), the words "orthe Court of the District Magistrate" shall be deleted andfor the words "respectively by either Court" the words"by it" shall be substituted.
1923	IX	The Indian Official Secrets Act, 1923.	In Section 13, in sub-section (1), after theword "Government" the words "or that of aPresidency Magistrate" shall be inserted and the words"which is inferior to that of a District or PresidencyMagistrate" shall be deleted.
1927	XVI	The Indian Forest Act, 1927.	In Section 67,[for] [This word was substituted for the word 'after' by Bombay 21 of 1954, Section 3, Second Schedule.]the words "The 1927.District Magistrate or any Magistrate of the first classspecially empowered in this behalf by the State Government"the words "any Magistrate of the first class speciallyempowered in this behalf by the State Government in consultationwith the High Court," shall be substituted.
Part III.-Bombay Acts
1867	VII	The Bombay District Police Act, 1867.	In Section 34, for the words "Magistrate ofthe first class" the words "the District Magistrate orany magistrate specially empowered in this behalf by the StateGovernment" shall be substituted.
1867	VIII	The Bombay Village Police Act, 1867.	1. In Section 1, the following paragraph shallbe added, namely.
			"The term `Executive Magistrate' when usedin this Act has the meaning assigned to it in the Code ofCriminal Procedure, 1898 (V of 1898)."
			2. In Section 6, for the words "theMagistrate", where they occur for the second time, the words"any other executive Magistrate" shall be substituted.
			3. In Section 8, for the words "theMagistrate" the words "the Executive Magistrate"shall be substituted.
			4. In Sections 9 and . - A, for the words "anyMagistrate of the first class" and "Any Magistrate ofthe first class" the words "the Magistrate of theDistrict" and "The Magistrate of the District"shall, respectively, be substituted.
			5. In Sections 19 and 21, for the words "theMagistrate" the words "the Executive Magistrate"shall be substituted.
1889	I	The Bombay Village Sanitation Act, 1889.	In Section 15, in sub-section (1), for the wordsbeginning with the words "or other" and ending with thewords "in this behalf' the words "or any Magistrate ofthe first class specially empowered in this behalf by the StateGovernment in consultation with the High Court" shall besubstituted.
	1929	XVIII	The Bombay BorstalSchools Act, 19291. In Section 8, the words "a DistrictMagistrate, a su. - divisional Magistrate" shall be deleted.
			2. In Section 9, for the words "DistrictMagistrate", wherever they occur, the words "Magistrateof the first class" shall be substituted.
1933	VI	The Bombay Village Panchayats Act, 1933	1. In Section 77-
			(i) in sub-section (1), for the words, "DistrictMagistrate" the words "Sessions Court" shall besubstituted;
			(ii) in sub-section (2),-
			(a) for the words "District Court orDistrict Magistrate" the words "District or SessionsCourt" shall be substituted;
			(b) the words "or Magistrate" shall bedeleted;
			(iii) in sub-section (3),-
			(a) for the words "District Court orDistrict Magistrate" the words "District or SessionsCourt" shall be substituted;
			(b) the words "or Magistrate" shall bedeleted;
			(iv) in the marginal note to the said section,for the words "District Magistrate" the words "SessionsCourt" shall be substituted.
			2. In Sections 78, 79, 87,[and] [This word inserted by Bombay 39 of 1951, Section 3, Second Schedule.]87-A[* *] [The word, figures and letter 'and 87-B' were deleted, by Born. 39 of 1951, Section 3, Second Schedule.]andin the marginal notes to Sections' 87, 87-A and 87-B, for thewords "District Magistrate" wherever they occur, thewords "Sessions Court" shall be substituted.
1938	XIX	The Bombay Probation of Offenders Act, 1938	In Section 3, in sub-section (1), clauses (c)and (d) shall be deleted.
1947	LI	The Bombay Habitual Offenders Restriction Act,1947.	In Section 13,-
			(i) in clause (i), for the words "by aMagistrate" the words "by an Executive Magistrate"shall be substituted;
			(ii) in clause (ii), after the words "madeby" the words "a Judicial Magistrate or" shall beinserted.
1948	LXXI	The Bombay Children Act, 1948.	1. In Section 8, clauses (c) and (d) shall bedeleted.
			2. In Section 41, for the words "DistrictMagistrate or Sub-Divisional Magistrate" the words "SessionsJudge" shall be substituted.
			3. In Section 80,-
			(i) for the words beginning with the words "theCourt shall submit" and ending with the words "it issubordinate" the words and figure "the Court if it isnot competent to exercise the powers of a juvenile Court underSection 8 shall submit the proceedings and forward the child tothe salaried First Class Magistrate" shall be substituted;
			(ii) in the marginal note to the said section,for the words "District Magistrate" the words "FirstClass Magistrate" shall be substituted.
			4. In Section 94, in sub-section (2), clause(a), for the words "District Magistrate" the words"Court of Session" shall be substituted.

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