
 State of Gujarat - Act
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 The Gujarat Separation of Judicial and Executive Functions (Supplementary)  Act, 1954
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 GUJARAT
   
 India
 
 The Gujarat Separation of Judicial and Executive Functions (Supplementary)  Act, 1954
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 Act 8 of 1954
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* Published on 10 February 1954
* Commenced on 10 February 1954
 The Bombay Separation of Judicial and Executive Functions (Supplementary)  Act, 1954
 
 Bombay Act
 No. 8 of 1954 
 [Dated 10th February, 1954]
 
 For the Statement of Objects and Reasons, see Bombay Government Gazette, 1953, Part V, page 656.
 
 An Act to supplement the provisions of the Bombay Separation of Judicial and Executive Functions Act, 1951.
 
 Whereas it is expedient to supplement the provisions of the Bombay Separation of Judicial and Executive Functions Act, 1951 (Bombay XXIII of 1951); It is hereby enacted as follows:-
 
### 1. Short title.
 - This Act may be called the Bombay Separation of Judicial and Executive Functions (Supplementary)  Act, 1954.
 
### 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) Save as provided in this section, nothing in this Act 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 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) 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.
 
 Schedule
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 (See Section 2)
 
 Part I – The Code of Criminal Procedure, 1898
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 Year
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 Number
  | 
 Short title
  | 
 Extent of amendment
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| 
 1
  | 
 2
  | 
 3
  | 
 4
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| 
 1898
  | 
 V
  | 
 Code of Criminal Procedure, 1898.
  | 
 1. In Section 10---
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 (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 Distract 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 406-B, and sub-section (3-4) of Section 528,
 
 an Additional District Magistrate shall be deemed to be
 
 subordinate to the District Magistrate."
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 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
 
 Magistrate" shall be substituted.
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| 
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 3. For Section 17-A, the following shall be
 
 substituted, namely:-
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 "17-A.Subordination of Executive
 
 Magistrates.
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 (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.
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 (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."
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 4. In Section 192, after sub-section (2) , the
 
 following shall be inserted, namely:-
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 "(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."
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 5. After Section 406-A, the following section
 
 shall be inserted, namely :-
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 "406-B. Transfer of appeals to
 
 Additional District Magistrates.-The District Magistrate may
 
 transfer any appeal presented to him under Section 406 or 406-A
 
 to an Additional District Magistrate, and such Additional
 
 District Magistrate may hear and dispose of the appeal."
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 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.
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 7. In Section 528, after sub-section (3) , the
 
 following sub-section shall be inserted, namely :-
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 "(3-A) 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."
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| 
 Part II-other Central Acts
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| 
 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
  | 
 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;
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 2. In Section 38, for the words "a
 
 Magistrate" the words "an Executive Magistrate"
 
 shall be substituted.
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| 
 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;
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 2. In Section 54, for the words "a
 
 Magistrate" the words "an Executive Magistrate"
 
 shall be substituted.
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| 
 1912
  | 
 IV
  | 
 The Indian Lunacy Act, 1912.
  | 
 In Section 3, for clause (6)  the following shall
 
 be substituted, namely:-
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 "(6)  'Magistrate' means in Greater Bombay,
 
 Presidency Magistrate and elsewhere, a Magistrate of the first
 
 class."
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 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.
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| 
 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.
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| 
 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.
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| 
 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.
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| 
 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
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| 
 1888
  | 
 III
  | 
 The Bombay Municipal Corporation Act.
  | 
 In sub-section (1)  of Section 379-A, for the
 
 words "Presidency Magistrate" the words "Presidency
 
 Magistrate specially empowered by the State Government"
 
 shall be substituted.
  |
| 
 1892
  | 
 I
  | 
 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.
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| 
 1901
  | 
 III
  | 
 The Bombay District Municipal Act, 1901.
  | 
 1. In sub-section (1)  of Section 86,-
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 (i)  for the words "Magistrate or Bench of
 
 Magistrates" the words "Judicial Magistrates or Bench
 
 of such Magistrates" shall be substituted; and
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 (ii)  for the words "State Government or of
 
 the District Magistrate" the words "Sessions Judge"
 
 shall be substituted.
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 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.
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 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.
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 4. In Section 153, for the words "Magistrate
 
 of the first class" the words "Executive Magistrate"
 
 shall be substituted.
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 5. In Section 158, for the words "any
 
 Magistrate" the words "any Executive Magistrate"
 
 shall be substituted.
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| 
 1923
  | 
 VI
  | 
 The Bombay Local Boards Act, 1923.
  | 
 In Section 113,-
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 (i)  for the words "Magistrate or Bench of
 
 Magistrates" the words "Judicial Magistrate or Bench of
 
 such Magistrates" shall be substituted, and
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| 
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 (ii)  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,-
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| 
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 (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.
  |
| 
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 | 
 | 
 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.
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| 
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 | 
 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.
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| 
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 4. In Section 189, for the words "Magistrate
 
 of the first class" the words "Executive Magistrate"
 
 shall be substituted.
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 5. In Section 196, for the words "any
 
 Magistrate" the words "any Executive Magistrate"
 
 shall be substituted.
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| 
 1938
  | 
 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,-
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 (i)  for sub-section (1) the following shall be
 
 substituted, namely :-
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 "(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 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";
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 (ii)  sub-section (3) shall be deleted.
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