The Bombay (Second) Repealing and Amending Act, 1951.

1951 : Bom. XXXIX]   1 
 
THE BOMBAY (SECOND) REPEALING AND AMENDING 
ACT, 1951 
[Text as on 13th May 2024] 
_____________ 
CONTENTS 
PREAMBLE. 
SECTIONS. 
 1.  Short title.  
 2.  Repeal of certain enactments.  
 3.  Amendment of certain enactments.  
  THE FIRST SCHEDULE  
  THE SECOND SCHEDULE
2  The Bombay (Second) Repealing and Amending [1951 : Bom. XXXIX 
Act, 1951 
1951 : Bom. XXXIX]  The Bombay (Second) Repealing and Amending 3 
 Act, 1951 
BOMBAY ACT NO. XXXIX OF 19511  
[THE BOMBAY (SECOND) REPEALING AND AMENDING ACT, 1951.] 
[This Act received the assent of the Governor on the 18th October 1951; assent was first published  
in the Bombay Government Gazette on the 25th October 1951.] 
An Act to repeal certain enactments and to amend certain other  
enactments. 
WHEREAS it is expedient to repeal certain, enactments and to amend certain other enactments 
for the purposes hereinafter appearing; It is hereby enacted as follows :—  
1.  Short title.— This Act may be called the Bombay (Second) Repealing and Amending Act,  
1951.  
2.  Repeal of certain enactments. — The enactments specified in the First Schedule are hereby 
repealed to the extent mentioned in the fourth column thereof.  
3.  Amendment of certain enactments.— The enactments specified in the Second Schedule are 
hereby amended to the extent and in the manner mentioned in the fourth column thereof. 
THE FIRST SCHEDULE 
Repeals 
(See section 2.) 
Year. No. Short title. Extent of repeal. 
(1) (2) (3) (4) 
1932 XV Bombay Weights and  
Measures Act, 1932. 
In section 3,  in clause (10), the word 
“and”, where it occurs for the second 
time. 
1950 XXIX Bombay Public Trusts Act, 
1950. 
Clause ( 16) of section 2, section 27, the 
words ‘‘or scrip ”, wherever they 
occur, in section 30, and the words “ 
and scrips ” in the marginal note to the 
said section 30, third entry relating to 
section 27 in the Table appended to 
section 66, and clause (j) of sub-section 
(2) of section 84. 
THE SECOND SCHEDULE  
Amendments  
(See section 3.)   
Year. No. Short title. Extent of repeal. 
(1) (2) (3) (4) 
1898 V Code of Criminal  Proce- 
dure, 1898, in its 
application to the State 
of Bombay. 
Section 197A, as inserted by section 2 of 
Bom. XX of 1951, shall be renumbered 
as section 197AA. 
                                                   
1  For Statement of Objects and Reasons  of the L. A. Bill No. XLIII of 1951,  see Bombay Government Gazette, 1951,  
Extraordinary, Part V, dated 27th August 1951, page 309. 
4  The Bombay (Second) Repealing and Amending [1951 : Bom. XXXIX 
Act, 1951 
The Second Schedule—Contd. 
Year. No. Short title. Extent of repeal. 
(1) (2) (3) (4) 
1912 VII Bombay Smoke -nuisances 
Act, 1912. 
In the long title, preamble and in sub -
section ( 1) of section 2, for the words 
“Town and Island of Bombay ” the 
words “ Greater Bombay ” shall be 
substituted. 
1928 IV Bombay University Act, 
1928. 
(1) In section 13, in paragraph (B) in class 
I in sub-section (1),— 
   (a) for clause ( iii) the followi ng shall be  
 substituted, namely:— 
“(iii) the Director  of Education, 
Bombay State, or the Joint or a 
Deputy Director of Education 
designated by the State 
Government”; 
   (b)for clause ( v) the following shall be 
substituted, namely :—  
“(v) the Director of Agriculture or any 
other officer of the Agriculture 
Department designated by the State 
Government,”. 
   (2) In section 20, for clause ( c) of sub -
section ( 1) the following shall be 
substituted, namely :— 
“(c) the Director of Education, Bombay 
State, or the Joint or a Deputy 
Director of Education who is a 
member of the Senate ;” 
1933 VI Bombay Village Pan - 
chayats Act, 1933. 
(1) In section 41, for clause ( d) the 
following shall be substituted, 
namely:— 
“ ( d) Under the Bombay Prohibition 
Act, 1949 —Being drunk and 
incapable of taking care of himself 
... ... 85(1).” 
   (2) In sections 57, 107A and clause ( r) of 
sub-section ( 1) of section 108, for the 
words “ District Court or the District 
Magistrate ” the words “ District or the 
Sessions Court ” shall be substituted ; 
   (3) In sub -section ( 3) of section 72, for 
the words “District -Magistrate”, 
wherever they occur, the words  
“Sessions Judge” shall be substituted ; 
1951 : Bom. XXXIX]  The Bombay (Second) Repealing and Amending 5 
 Act, 1951 
The Second Schedule—Contd. 
Year. No. Short title. Extent of repeal. 
(1) (2) (3) (4) 
   (4) In section 87B, for the words “District 
Magistrate” the words “Sessions 
Courts” shall be substituted ;  
   (5) In clause (i) of sub -section (2) of 
section 106, for the words “District 
Court or District Magistrate” the words 
“District or Sessions Court” shall be 
substituted; 
     (6) In sub -section ( 4) of section 112, for 
the words “District Magistrate” the 
words “Sessions Court”, and for the 
words “him” the word “it” shall be 
substituted. 
1946 V Bombay Sales Tax Act, 
1946. 
In section 21, in sub -section ( 3), for the 
word “sections” the word “section” 
shall be substituted. 
1947 XXXII Lord Reay Maharashtra 
Industrial Museum Act, 
1947. 
In section 17, in the marginal note, for the 
words “Poona City Borough 
Municipality” the words “Municipal 
Corporation of City of Poona” shall be 
substituted. 
1947 LXI Bombay Primary Educa - 
tion Act, 1947. 
In section 2, in clause ( 8) for the words 
“the Director of Public Instruction” the 
words “the Director of Education” shall 
be substituted. 
1948 XX Poona University Act, 
1947 
(1) In section 16, in paragraph ( B) in 
Class I in sub -section ( 1), for clauses 
(iii) to ( vii) the following shall be 
substituted, namely :— 
   “(iii) the Director of Education, Bombay 
State, or the Joint or a Deputy Director 
of Education designated by the State 
Government, 
   (iv) Four members designated by the State 
Government representing the following 
Departments, namely :— 
(a) Medical or Public Health, 
(b) Agriculture, 
(c) Industries, 
(d) Public Works,”; 
   (2) In section 19, for  clause ( ii) of sub -
section ( 1) the following shall be 
substituted, namely :— 
6  The Bombay (Second) Repealing and Amending [1951 : Bom. XXXIX 
Act, 1951 
The Second Schedule—Contd. 
Year. No. Short title. Extent of repeal. 
(1) (2) (3) (4) 
   “(ii) The Director of Education, Bombay 
State, or the Joint or a Deputy Director 
of Education who is a members of the 
Court,”.  
1948 XLIX Bombay Secondary School 
Certificate Examination 
Act, 1948. 
In section 3, in paragraph ( A) of sub -
section ( 2), for clauses  (a) to ( d) the 
following shall be substituted, 
namely:— 
   “(a) the Director of Education, Bombay 
State or the Joint or a Deputy Director 
of Education designated by the State 
Government ; 
   (b) the Director of Technical Education or 
any other officer of the Department of 
Technical Education designated by the 
State Government ; 
   (c) the Director of Agriculture or any 
other officer of the Agriculture 
Department designated by the State 
Government ; 
   (d) the Inspector of Commercial Schools, 
Bombay, or any other officer 
designated by the State Government to 
represent the Commercial Schools ;” 
1949 XX Karnataka University Act, 
1949. 
(1) In section 15, in paragraph ( B) in 
Class I in sub -section ( 1), for clauses 
(iii) to ( x) the following shall be 
substituted, namely :— 
   “ (iii) The Director of Education, Bombay 
State, or the Joint or a Deputy Director 
of Education designated by the State 
Government, 
   (iv) Six members designated by the State 
Government representing the following 
Departments, namely : 
(a) Technical Education, 
(b) Medical or Public Health, 
(c) Agriculture, 
(d) Industries, 
(e) Public Works, 
(f) Forests, 
1951 : Bom. XXXIX]  The Bombay (Second) Repealing and Amending 7 
 Act, 1951 
The Second Schedule—Contd. 
Year. No. Short title. Extent of repeal. 
(1) (2) (3) (4) 
   (v) Vice-Chancellors of other Universities 
established by law in the State of 
Bombay.” 
   (2) In section 18, for clause ( ii) of sub -
section ( 1) the following shall be 
substituted, namely :— 
   “(ii) The Director of Education, Bombay 
State, or the Joint or a Deputy Director 
of Education who is a member of the 
Senate,” 
1949 L Gujarat University Act, 
1949. 
(1) In section 16, in paragraph (B) in 
Class I in sub -section ( 1), for clauses 
(iv) to ( x) the following shall be 
substituted, namely :— 
   “(iv) the Director of Education, Bombay 
State, or the Joint or a Deputy Director 
of Education designated by the State  
Government, 
   (v) Six members designated by the State 
Government representing the following 
Departments, namely :— 
(a) Technical Education, 
(b) Medical or Public Health, 
(c) Agriculture, 
(d) Industries, 
(e) Public Works, 
(f) Forests,” 
   (2) In section  19, for clause ( iii) of sub -
section ( 1) the following shall be 
substituted, namely :— 
   “(iii) The Director of Education, Bombay 
State, or the Joint or a Deputy Director 
of Education who is a member of the 
Senate”  
1949 LI Shreemati Nathibhai 
Damodar Thackersey 
Women’s University 
Act, 1949.  
(1) In section 15, in paragraph ( B) in 
Class I in sub -section ( 1), for clauses 
(ii) to ( viii) the following shall be 
substituted, namely :— 
8  The Bombay (Second) Repealing and Amending [1951 : Bom. XXXIX 
Act, 1951 
The Second Schedule—Contd. 
Year. No. Short title. Extent of repeal. 
(1) (2) (3) (4) 
   “(ii) The Director of Education, Bombay 
State, or the Joint or a Deputy Director 
of Education designated by the State 
Government, 
   (iii) Four members designated by the 
State Government representing the 
following Departments, namely :— 
(a) Industries, 
(b) Medical or Public Health, 
(c) J. J. School of Arts, Bombay, 
(d) Co-operative and Village Industries. 
   (iv) The Secretary, the Additional 
Secretary or the Joint Secretary to the 
Department of Education as the State 
Government may determine, 
   (v) The Vice-Chancellors of other 
Universities established by law in the 
State of Bombay.” 
   (2) In section 39, for clause ( ii) of sub -
section ( 2) the following shall be 
substituted, namely :— 
   “(ii) The Director of Education, Bombay 
State, or the Joint or a Deputy Director 
of Education who is a member of the 
Senate,”. 
1949 LIX Bombay Provincial 
Municipal Corpora - 
tion Act, 1949.  
(1) In section 465, in clause ( b) of sub -
section ( 3), for the words, brackets, 
letter and figure “clause ( b) of sub -
section ( 2)” the words, brackets, letter 
and figure “ clause ( c) of sub -section 
(2)” shall be substituted. 
   (2) In the Schedule,— 
   (a) in Chapter IX, in clause ( a) or rule 8, 
for the word “or”, where it occurs for 
the second time the word “of” shall be 
substituted ; 
   (b) in Chapter XIV, in rule 4 and in the 
marginal note to the said rule, for the 
word, brackets and letter “clause ( c)” 
the word, brackets and letter “clause 
(c)” shall be substituted. 
1951 : Bom. XXXIX]  The Bombay (Second) Repealing and Amending 9 
 Act, 1951 
The Second Schedule—Contd. 
Year. No. Short title. Extent of repeal. 
(1) (2) (3) (4) 
1950 XXVIII Bombay Commissioners 
(Abolition of Office) 
Act, 1950.  
In the Schedule, for the three items in 
column 2 against entry 7 relating to the 
Bombay Town Planning Act, 1915, the 
following shall be substituted, 
namely:— 
   “1. In sections 4( 1), 10(2) and 26 ( 1) the 
words ‘in any area for which a 
municipal corporation is constituted 
under any enactment or the 
Commissioner elsewhere’ shall be 
deleted ; 
   2. In section 43, in sub -section ( 3) the 
words ‘in the Greater Bombay or the 
Commissioner elsewhere’ shall be 
deleted. 
   3. In section 45, in sub -section (3), the 
words ‘in any area for which a 
municipal corporation is constituted 
under any enactment and by the 
Commissioner elsewhere’ shall be 
deleted.” 
1951 XXIII Bombay Separation of 
Judicial and Executive 
Functions Act, 1951. 
In the Schedule,— 
(1) in Pa rt I, for entry 67, the following 
shall be substituted, namely :— 
“67. In section 503, as inserted by section 
21 of Act I of 1951, in sub -section 
(2),— 
   (i) for the words ‘such magistrate shall 
apply to the district magistrate’ the 
following shall be substituted, 
namely:— 
   ‘such magistrate, if he is a judicial 
magistrate shall apply to the sessions 
judge and if he is an executive 
magistrate shall apply to the district 
magistrate,’; 
   (ii) for the words ‘and the district 
magistrate’ the words ‘and the sessions 
judge or the district magistrate, as the 
case may be,’ shall be substituted.” 
   (2) in Part III, in item 2 of the entry 
relating to the Bombay Village 
Panchayats Act, 1933,— 
10  The Bombay (Second) Repealing and Amending [1951 : Bom. XXXIX 
Act, 1951 
The Second Schedule—Contd. 
Year. No. Short title. Extent of repeal. 
(1) (2) (3) (4) 
   (a) after the figures “87”, where they 
occur for the first time, the word “and” 
shall be inserted ; 
   (b) the word, figures and letter “and 87B”, 
where they occur for the first time, 
shall be deleted.  
 

‹ Prev All Maharashtra acts Next ›