SCHEDULE.
(See section 2.)
PART I--The Code of Criminal Procedure, 1898.
Year. Number Short title. Extent of amendment.
1898 V Code of Criminal Procedure, 1898.
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 sub-section (3) of section 192, section 4068 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.-
17A. Subordination of Executive Magistrates-
(1) All Executive Magistrates appointed under section 13 or 14 shall be subordinate to the District Magistrate; and every Taluka Magistrate shall also be subordinate to the Sub-Divisional Magistrate, subject, however, to the general control of the District Magistrate.
(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:
4068. 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 606, in sub-section (1), for the words "Magistrate of the First class" the words "Magistrate subordinate to him "shall be substituted.
7. in section 628, after sub-section (3), the following sub-section shall be inserted, namely:-
(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 lute or try the same."
1867 XXV The Press and Registration of Books Act. 1867
in section 1, the words "'Magistrate' means any person exercising the full powers of a Magistrate, and includes a Magistrate of Police" shall be deleted.
1886 X1 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 in 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-Divisional Magistrate, a Magistrate of the first class" shall be substituted.
1925...XII The Cotton Ginning and Pressing Factories Act, 1925.
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.
1936...IV The Payment of Wages Act, 1936.
In sub-section (1) of section 15, for the word "Magistrate" the words "Judicial Magistrate shall be substituted.
1948 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.
1888 The Bombay Municipal Corporation Act
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.
1892.1 The Bombay District Vaccination Act, 1892
in section 23, in sub-section (1), for the words "a Magistrate" the words "a Taluka Magistrate" shall be substituted.
1901 III The Bombay District Municipal Act, 1901.
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.
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 168, for the words "any Magistrate the words "any Executive Magistrate shall be substituted.
1923 VI The Bombay Local Boards Act, 1923.
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
Kill for the words "State Government or of the District. Magistrate" the words "Sessions Judge" shall be substituted.
1925. XVIII The Bombay Municipal Boroughs Act, 1925.
1. In sub-section (1) of section 110,-
(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 "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-sect ion (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.
1938 L..XIX The Bombay Probation of Offenders Act, 1938.
in sub-section (8) of section 3, the words "or Sub-Divisional Magistrate "shall be deleted.
1947...LI The Bombay Habitual Offenders Restriction Act, 1947.
In section 11,
(i) for rub-section (1) the following shall be substituted, namely:-
(1) "Where 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 be against such order under section 13 may, at anytime, 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 Corporation's 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 Hub-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.
Section 7 • BOMBAY SEPARATION OF JUDICIAL AND EXECUTIVE FUNCTIONS (SUPPLEMENTARY) ACT, 1954
Schedule SCHEDULE
bombay-separation-of-judicial-and-executive-functions-supplementary-act-1954-sec-7.json
•
Section 7
{
"act_title": "BOMBAY SEPARATION OF JUDICIAL AND EXECUTIVE FUNCTIONS (SUPPLEMENTARY) ACT, 1954",
"act_slug": "bombay-separation-of-judicial-and-executive-functions-supplementary-act-1954",
"section_label": "Section",
"section": {
"number": "7",
"title": "Schedule SCHEDULE",
"chapter": null,
"content": "SCHEDULE.\r\n(See section 2.)\r\nPART I--The Code of Criminal Procedure, 1898.\r\nYear. Number Short title. Extent of amendment.\r\n1898 V Code of Criminal Procedure, 1898.\r\n1. In section 10-\r\n(i) in sub-section (2)-\r\n(a) for the words \"an Additional District Magistrate\" the words \"one or more Additional District Magistrates shall be substituted; and\r\n(b) for the words \"such Additional District Magistrate\" the words \"an Additional District Magistrate\" shall be substituted,\r\n(ii) after sub-section (2) the following sub-section shall be inserted, namely:-\r\n(3) For the purposes of sub-section (3) of section 192, section 4068 and sub-section (3A) of section 528, an Additional District Magistrate shall be deemed to be subordinate to the District Magistrate.\"\r\n2. 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.\r\n3. For section 17A, the following shall be substituted, namely.-\r\n17A. Subordination of Executive Magistrates-\r\n(1) All Executive Magistrates appointed under section 13 or 14 shall be subordinate to the District Magistrate; and every Taluka Magistrate shall also be subordinate to the Sub-Divisional Magistrate, subject, however, to the general control of the District Magistrate.\r\n(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.\"\r\n4. In section 192, after sub-section (2), the following shall be inserted, namely:--\r\n(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.\"\r\n5. After section 406A, the following section shall be inserted, namely:\r\n4068. Transfer of appeals to Additional District Magistrates.-\r\nThe 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.\"\r\n6. In section 606, in sub-section (1), for the words \"Magistrate of the First class\" the words \"Magistrate subordinate to him \"shall be substituted.\r\n7. in section 628, after sub-section (3), the following sub-section shall be inserted, namely:-\r\n(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 lute or try the same.\"\r\n1867 XXV The Press and Registration of Books Act. 1867\r\nin section 1, the words \"'Magistrate' means any person exercising the full powers of a Magistrate, and includes a Magistrate of Police\" shall be deleted.\r\n1886 X1 The Indian Tramways Act, 1886.\r\n1. In section 37, for the words \"a Magistrate\" wherever they occur, the words \"an Executive Magistrate \"shall be Substituted,\r\n2. In section 38, for the words \"a Magistrate\" the words \"an Executive Magistrate\" shall be substituted.\r\n1910...IX The Indian Electricity Act, 1910.\r\n1. In sub-section (3) of section 18, for the words \"a Magistrate of the first class the words \"the District Magistrate\" shall be substituted;\r\n2. In section 54, for the words \"a Magistrate\" the words \"an Executive Magistrate\" shall be substituted.\r\n1912. IV The Indian Lunacy Act, 1912.\r\nIn section 3, for clause (6) the following shall be substituted, namely:-\r\n(6) Magistrate' means in Greater Bombay, Presidency Magistrate and elsewhere, a Magistrate of the first class,\"\r\n1920 XXXIII The Identification of Prisoners Act, 1920\r\nIn 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-Divisional Magistrate, a Magistrate of the first class\" shall be substituted.\r\n1925...XII The Cotton Ginning and Pressing Factories Act, 1925.\r\nIn 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.\r\n1936...IV The Payment of Wages Act, 1936.\r\nIn sub-section (1) of section 15, for the word \"Magistrate\" the words \"Judicial Magistrate shall be substituted.\r\n1948 The Minimum Wages Act, 1948.\r\nIn sub-section (1) of section 20, for the word \"Magistrate\" the words \"Judicial Magistrate\" shall be substituted.\r\n1951 LVI The Press (Objectionable Matter) Act, 1951\r\nin sub-Section (2) of section 6, for the words \"any Magistrate the words \"any Judicial Magistrate\" shall be substituted.\r\n1888 The Bombay Municipal Corporation Act\r\nin sub-section (1) of section 379A, for the words \"Presidency Magistrate the words \"Presidency Magistrate specially empowered by the State Government shall be substituted.\r\n1892.1 The Bombay District Vaccination Act, 1892\r\nin section 23, in sub-section (1), for the words \"a Magistrate\" the words \"a Taluka Magistrate\" shall be substituted.\r\n1901 III The Bombay District Municipal Act, 1901.\r\n1. in sub-section (1) of section 86,-\r\n(i) for the words \"Magistrate or Bench of Magistrates\" the words \"Judicial Magistrates or Bench of such Magistrates shall be substituted; and\r\n(ii) for the words \"State Government or of the District Magistrate\" the words \"Sessions Judge shall be substituted.\r\n2. 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.\r\n3. In sub-section (1) of section 148, for the words \"a Magistrate of the first class the words \"a Taluka Magistrate\" shall be substituted.\r\n4. In section 153, for the words \"Magistrate of the first class\" the words \"Executive Magistrate\" shall be substituted.\r\n5. In section 168, for the words \"any Magistrate the words \"any Executive Magistrate shall be substituted.\r\n1923 VI The Bombay Local Boards Act, 1923.\r\nIn section 113,-\r\n(i) for the words \"Magistrate or Bench of Magistrates\" the words \"Judicial Magistrate or Bench of such Magistrates\" shall be substituted, and\r\nKill for the words \"State Government or of the District. Magistrate\" the words \"Sessions Judge\" shall be substituted.\r\n1925. XVIII The Bombay Municipal Boroughs Act, 1925.\r\n1. In sub-section (1) of section 110,-\r\n(i) for the words \"Magistrate or Bench of Magistrates\" the words \"Judicial Magistrate or Bench of such Magistrates\" shall be substituted, and\r\n(ii) for the words \"District Magistrate\" the words \"Session Judge \"shall be substituted.\r\n2. 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.\r\n3. In sub-sect ion (1) of section 183, for the words \"a Magistrate of the first class the words \"a Taluka Magistrate\" shall be substituted..\r\n4. In section 189, for the words \"Magistrate of the first class\" the Words \"Executive Magistrate shall be substituted\r\n5. In section 196 for the words \"any Magistrate\" the words \"any Executive Magistrate\" shall be substituted.\r\n1938 L..XIX The Bombay Probation of Offenders Act, 1938.\r\nin sub-section (8) of section 3, the words \"or Sub-Divisional Magistrate \"shall be deleted.\r\n1947...LI The Bombay Habitual Offenders Restriction Act, 1947.\r\nIn section 11,\r\n(i) for rub-section (1) the following shall be substituted, namely:-\r\n(1) \"Where 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 be against such order under section 13 may, at anytime, 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\";\r\n(ii) sub-section (3) shall be deleted.\r\n1948 LXXI The Bombay Children Act, 1948.\r\nIn section 38, for the words beginning with the word \"elsewhere\" and ending with the words \"is situated\" the following shall be substituted, namely -\r\nelsewhere of the court which passes any order under this Act in respect of the child\".\r\n1949...LIX The Bombay Provincial Municipal Corporation's Act, 1949.\r\n1. 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.\r\n2. In Hub-section (1) of section 207, for the words \"a Magistrate of the First Class\" the words \"the District Magistrate shall be substituted.\r\n3. In sub-section (2) of section 433, for the words \"nearest Magistrate\" the words \"nearest Judicial Magistrate\" shall be substituted.",
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