The Assam Executive Magistrates (Temporary Powers) Act, 1983

Registered No . A -12
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The Assam Gazette 
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EXTRAO RDINAR Y
3 13f ® J T ? I iW lM1®
PUBLISHED BY AUTHORITY
sr 7 f H ’f sr a,  *t£h h , 29 1983, 9 190 4 (*t^)
No . 7 Dispur, Saturday, 29th Ja nu ar y, 1983, 9th M ag ha ,
1904 (S. E.) ___
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT :  LEGISLATIVE BRANCH
NOTIFIC ATION
The 29th Jan ua ry 1983
No. LGL. 175/82/10.—The following Act made by the  Pre sid ent  
and published in the  Gaz ette of India , Extraord ina ry,  Pa rt II of 
Sectio n I, date d 29th Jan ua ry, 198 3 is repu blis hed for gen era l inf or­
mation.
6
Name of Act
The Assam Exe cutive 
Ma gistrat es (Te mp ora ry Powers)
Act, 19 83 ,
D. C. SARMA,
Secre tary to the  Govt, of Assam, 
Jud icia l & L egislative Dep artm ent.
N o.  o f A c t Da te o f assent
Pre sid ent ’s ?.8th Janu ary , 198 3 
Act 1  of 1983.

30 THE ASSA M GAZETTE, EX TR AO RD IN AR Y, JANU AR Y 29, 1983
President’s Act No. 1 of 19 83
THE ASSAM EXECUTIVE MAGISTRATES (TEMPORARY 
POWERS) ACT, 1983
(Received the assent of the President on 28th January, 1983 )
Enacted  by the  Presi dent in the  Th irt y-fourth Year of the  Re­
public of India.
ps  ' An
Act
to confer, in view of the extraordinary circumstances prevailing in  
the State of Assam, certain powers under the Code of Criminal Pro­
cedure, 1973, on Executive Magistrates in that State for a temporary  
period.
In exercise of the  powe rs con ferred by section 3 of 
the  Assam Sta te Legislatu re (Delegation of Powers) Act,
25 of 198 2. 1982 , th e Pre sid ent is pleased  to e nact as follows ;—
Short title J (i) This Act may be called the  Assam Executiv e
*e \c «m °T t7 " Magistrates (Tem pora ry Powers) Act, 198 3.
(2)  It shall come into  force at once and  shal l cease to 
hav e effect on the expiry of a period of thre e months 
therea fte r and section 6 of the  Assam General Clauses Act,
Assam Act 191 5 sha ll apply to such cesser as if such  cesser were a 
2 of 1915 repeal of an Act of the  Legislatu re of the  Sta te of Assam
by anoth er Act of that Legislature.
Definitions 2.  In this  Act, unless the  con text  otherw ise req uires,—
(a) "Code ” means the  Code of Crim inal Procedure,
2 of i974, 197 3 jn  jt s application to the Sta te of Ass am;
(b) "Executive  Magistrate” means an Exe cutive Magis­
trat e in the  Sta te of Assam ;  and
(c) word s and expressio ns used her ein  and not defined, 
bu t defined in the  Code shall have the meanings 
respec tive ly assigned to them in the  Code.
Conferment 3. (1)  Notwithstanding any thing to the  contr ary  con- 
oi  temporary tain ed in the  Code, the  Executive Magistrates may, in 
Ex ecuti ve ” addition  to the  Jud icial Magistrates, exercise powers of 
Magistrates, rem and  under section 167 pf the Code.
(2) Notwithstanding any thing containe d in the  Code, 
the Executive Magistrates shall, to the exclusion of any 
oth er Magistrate, have  power to tak e cognizance of, and 
tr y and dispose of cases rel ating to,—
45 of 1860. (a) offences under the Indian Penal  Code or any oth er
law  for the  time being in force punisha ble with 
imp riso nment whic h may  extend  to six mon ths or 
with fine or wi th b o th ;
 
 
THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 29, 19 83  3l
(b) other offences, being offences punishable under 
Cha pter VIII (Offences against the public tra nq ui­
lity ), and Cha pter X (Contem pts of the lawf ul 
aut hor ity of public serva nts), of the Indian Penal
45 o f 1860. Code :
Pro vide d that no sentence of imprisonm ent for a term 
exce edin g six  months sha ll be passed by  an Execu tive 
Mag istra te in the case of any  conv iction for an offence re­
ferred  to in clau se (b ).
(3) For the purposes of this section , the Code shall 
have effect sub ject to the modification s specified in the 
Sch edu le and sub ject to such other modifica tions as may be 
necessary.
(4 ) Nothing in this section sha ll apply  to cases rela ting  
to offences take n cognizance of unde r the Code befo re the 
commencem ent of this Act.
THE  SCH EDU LE
[See  section 3 (3 ) 1
M od ifi ca tio ns  in  th e Co de
1. In section 167 of the Code,—
(a)  in sub-section (1), the ref ere nce  to "Ju dic ial
Magistrate”  sha ll be construed as a refe ren ce also 
to Ex ecu tiv e Mag istra te ;
(b) in sub-section(2),—
(i)  fo r the  word "M agi stra te” , at the  first two places 
wh ere  tha t wor d is prece ded by  the definite 
article, the word s "Ju dic ial Magist rate  or the 
Ex ecu tiv e Magistra te, as the case ma y be,”  sha ll 
be su bs tit ut ed ;
(ii) for the wor d "M agi strate ” , at the  place wh ere  
tha t wor d is prece ded by  the indefinite  article  
"a ” , the words and brackets "M agistra te (whe ther 
Jud icial or Execu tiv e)”  sha ll be su bs tit ut ed ;
(iii) par agraph (c)  of the proviso sha ll be omitte d ;
(c)  sub-s ectio n (2A) sha ll be omitted ;
(d) in sub-section (4) , for  the words "to the Ch ief
Jud icial Magist rate ” , the wor ds "w here such 
Mag istrate is a Jud icial Magistra te, to the Ch ief  
Jud icial Magistra te, and wh ere  such Mag istra te is

32 THE  ASSAM GAZETTE. EXTRAORDINARY. JAN. 29, 19 83
an Exe cutive Magistrate, to the  Sessions Judge” 
sha ll be substituted .
2. In section 190 of the Code, in sub-section (1) , after 
the  wor ds "an y Magist rate  of the  first class”, the  words 
"any Exe cutive Magist rate ,” shal l be inserted.
3.  In section 19 1 of the  Code, the  refere nce  to "Chief 
Jud icial Magistrate” shall, in relatio n to an offence taken 
cognizance of by an Executive Magistrate, be constru ed as 
a refere nce  to the  Dis tric t Magistrate.
4. In section 374  of the  Code, in Clause (a) of sub ­
section (3), for the  word s "Ma gist rate  of the first class, or 
of the  second class”, the  word s "Magistra te of the  first 
class, Executive Mag istrate or a Mag istrate of the second 
class,” sha ll be substituted .
ZAIL SINGH, 
President-
R. V . S. PERI SASTRI, 
Secre tar y to the  Govt, of India.
AU HA TI—Prin ted  and publish edl'by the Supdt. i/c. Assam Govt. Priming Press 
(Ex-Gazette) No .) 3—843 +  500—29-1-1983,

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