LexThe Bombay Separation of Judicial and Executive Functions (Supplementary) Act, 1954.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1954 : Bom. VIII] 1
THE BOMBAY SEPARATION OF JUDICIAL AND EXECUTIVE
FUNCTIONS (SUPPLEMENTARY) ACT, 1954
[Text as on 23rd April 2024]
—————
CONTENTS
PREAMBLE.
SECTIONS.
1. Short title.
2. Amendments to enactments.
3. Amendments not to render invalid notifications, orders, etc., issued before commencement
of Act.
4. Saving.
SCHEDULE
2 The Bombay Separation of Judicial and Executive [1954 : Bom. VIII
Functions (Supplementary) Act, 1954
1954 : Bom. VIII] The Bombay Separation of Judicial and Executive 3
Functions (Supplementary) Act, 1954
BOMBAY ACT No. VIII OF 19541
[THE BOMBAY SEPARATION OF JUDICIAL AND EXECUTIVE
FUNCTIONS (SUPPLEMENTARY) ACT, 1954.]
[This Act received the assent of the President on the 5th February 1954 ;
assent first published in the Bombay Government Gazette,
Part IV, on the 10th February 1954.]
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(Bom. 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 m anner, 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 demed 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 rem edy 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 impos ed 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 jurisdic tion 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.
1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1953, Part V, page 656.
4 The Bombay Separation of Judicial and Executive [1954 : Bom. VIII
Functions (Supplementary) Act, 1954
SCHEDULE
(See section 2)
PART-I - The Code of Criminal Procedure, 1898.
Year Number Short title Extent of Amendment.
(1) (2) (3) (4)
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 406B 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
1954 : Bom. VIII] The Bombay Separation of Judicial and Executive 5
Functions (Supplementary) Act, 1954
PART-I - The Code of Criminal Procedure, 1898.—contd.
Year Number Short title Extent of Amendment.
(1) (2) (3) (4)
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 foll owing
section shall be inserted, namely :—
“406 B. 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 505, in sub-section (1), for
the words “Magistrate of the First
class” the words “Magistrate
subordinate to him” shall be
substituted.
7. In section 528, after sub-section (3),
the following sub -section shall be
inserted, namely :—
6 The Bombay Separation of Judicial and Executive [1954 : Bom. VIII
Functions (Supplementary) Act, 1954
PART-I - The Code of Criminal Procedure, 1898.—contd.
Year Number Short title Extent of Amendment.
(1) (2) (3) (4)
“(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 into or try
the same.”
PART - II – Other Central Acts.
Year Number Short title Extent of Amendment.
(1) (2) (3) (4)
1867 XXV The Press and
Books Act, 1867.
In section 1, the words ‘ Magistrate ’
means any Registration of 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;
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 is 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-
1954 : Bom. VIII] The Bombay Separation of Judicial and Executive 7
Functions (Supplementary) Act, 1954
PART - II – Other Central Acts.—contd.
Year Number Short title Extent of Amendment.
(1) (2) (3) (4)
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 XI 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.
PART-III – Bombay Acts
Year Number Short title Extent of Amendment.
(1) (2) (3) (4)
1888 III 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 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.
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
8 The Bombay Separation of Judicial and Executive [1954 : Bom. VIII
Functions (Supplementary) Act, 1954
PART-III – Bombay Acts —contd.
Year Number Short title Extent of Amendment.
(1) (2) (3) (4)
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 158, 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
(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, –
(i) for the words “Magistrate
or Bench Magistrates” the
1954 : Bom. VIII] The Bombay Separation of Judicial and Executive 9
Functions (Supplementary) Act, 1954
PART-III – Bombay Acts —contd.
Year Number Short title Extent of Amendment.
(1) (2) (3) (4)
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-section (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.
PART-III – Bombay Acts —contd.
Year Number Short title Extent of Amendment.
(1) (2) (3) (4)
1938 XIX The Bombay
Probation of
Offenders Act,
1988.
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 sub-section (1) the
following shall be substituted,
namely :—
“(1) When an order of
restriction is made against
any person, the court or
10 The Bombay Separation of Judicial and Executive [1954 : Bom. VIII
Functions (Supplementary) Act, 1954
PART-III – Bombay Acts —contd.
Year Number Short title Extent of Amendment.
(1) (2) (3) (4)
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”;
(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
Corporations 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 sub-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.