LexThe Bombay Repealing and Amending Act, 1954.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act1954 : Bom. XXI] 1
THE BOMBAY REPEALING AND AMENDING ACT, 1954
[Text as on 27th June 2025]
_____________
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 Repealing and Amending Act, 1954 [1954 : Bom. XXI
1954 : Bom. XXI] The Bombay Repealing and Amending Act, 1954 3
BOMBAY ACT NO. XXI OF 19541
[THE BOMBAY REPEALING AND AMENDING ACT, 1954.]
[This Act received the assent of the Governor on the 5th April 1954, assent was first
published in the Bombay Government Gazette, Part IV, on the 8th April 1954.]
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 Repealing and Amending Act, 1954.
2. Repeal of certain enactments. — The enactments specified in the First Schedule ar e 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repealed to the extent mentioned in the fourth column thereof.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
REPEAL
(See section 2.)
Year. No. Short title. Extent of repeal.
1 2 3 4
1862 IV … The Markets and Fairs Act, 1862. Section 10.
1901 III … The Bombay District Municipal
Act, 1901.
(1) In section 3, in clause ( 1),
sub-clause (a);
(2) In section 181, in sub -section
(2), the words and letter “or in
respect of any munici pality
specified in Schedule E”;
(3) Schedule E.
1939 XXII … The Bombay Agricultural Produce
Markets Act, 1939.
In section 6 , the words, brackets
and figures “and within the
distance thereof notified under
sub-section (2) of section 4”
1948 LXXII … The Bombay Khar Lands Act,
1948.
In section 3, in clause ( b) of
sub-section ( 2), the word
“North”.
1953 XLVII … The Bombay Sales of Intoxicants
Taxation Act, 1953.
In section 14, the brackets and
figure “( 1)” where they occur
for the first time.
1 For Statement of Objects and Reasons of the L. A. Bill No. I of 195 4, see Bombay Government Gazette , 1954,
Extraordinary No. 1, Part V, dated 6th February 1954, pages 6-9.
4 The Bombay Repealing and Amending Act, 1954 [1954 : Bom. XXI
THE SECOND SCHEDULE
AMENDMENTS
(See section 3.)
Year. No. Short title. Extent of amendments.
1 2 3 4
1861 V … The Police Act, 1861, in its
application to the State of
Bombay.
(1) Section 5 shall be deleted;
(2) In section 35, for the words “exercising
the powers of a Magistrate” the words “of
such rank as the State Government may by
a general or special orde r, direct” shall be
substituted;
(3) In section 46, in sub -section (2), in clause
(a), for the word “Magistrates” the words
“Executive Magistrate” shall be
substituted.
1888 III … The Bombay Municipal
Corporation Act.
In section 412, in the mar ginal note, for the
words “the c ity” the words “Greater
Bombay” shall be substituted.
1898 V … The Code of Criminal
Procedure, 1898, in its
application to the State of
Bombay.
(1) In section 10, after sub -section ( 2), the
following new sub -section shall be added,
namely :—
“(2A) For the purposes of sub -section ( 3)
of section 528, such Additional District
Magistrate shall be deemed to be
subordinate to the District Magistrate”;
(2) In section 326,—
(i) for the words beginning with the words
“The Sessions Judge shall” and ending
with the words “requesting him to” the
words “The Sessions Judge or such
Judicial Magistrate as he may appoint in
this behalf shall ordinarily, seven days at
least before the day which the Sessions
Judge may from time to time fix fo r
holding the sessions,” shall be
substituted;
(ii) in the marginal note, for the words
“District Magistrate” the words
“Sessions Judge or Judicial Magistrate”
shall be substituted;
(3) In Schedule V, forms XXXII and XXXIII
shall be deleted.
1920 XXXIII … The Identification of
Prisoners Act, 1920, in its
application to the State of
Bombay.
(1) In section 2, in clause ( b), the words and
figures “or Chapter V of the City of
Bombay Pol ice Act, 1902” shall be
deleted;
1954 : Bom. XXI] The Bombay Repealing and Amending Act, 1954 5
Year. No. Short title. Extent of amendments.
1 2 3 4
(2) In section 3, in clause (a), the words and
figures “under section 121 of the City of
Bombay Police Act, 1902, or of any other
offence punishable” shall be deleted;
(3) In section 4,—
(i) in sub -clause ( ii) of clause ( a), for the
words, figures and letter “section 61D of
the Bombay District Police Act, 1899 or
under section 112 of the City of Bombay
Police Act, 1902,” the following shall be
substituted, namely:—
“section 122 of the Bombay Police Act,
1951 (Bom. XXII of 1951),”;
(ii) in clause (b), for the words, figures and
letter “section 46 or 46B of the Bombay
District Police Act, 1890, or under
section 27 of the City of Bombay Police
Act, 1902,” the following shall be
substituted,
namely :—
“section 55 or 56 of the Bombay Police
Act, 1951 (Bom. XXII of 1951),”;
(4) In section 5, the words and figures “or the
City of Bombay Poli ce Act, 1902,” shall
be deleted;
(5) In section 7, for the words “the City of
Bombay” the words “Greater Bombay”
shall be substituted.
1922 XXII … The Police (Incitement to
Disaffection) Act, 1922,
in its application to the
State of Bombay.
In the Schedule, for the entries—
“1890/IV/The Bombay District Police Act,
1890.
1902/IV/ The City of Bombay Police
Act,1902” the following shall be
substituted, namely :—
“1951/XXII/The Bombay Police Act ,
1951.”
1925 V … The Bombay Prevention of
Adulteration Act, 1925.
In section 4, —
(1) for clause ( a) of sub -section ( 4), the
following shall be substituted, namely :—
“(a) unless the seller on his appearing or
being brought before the Court informs
the Court that he intends to rely on the
warranty and specifies the name and
address of the person from whom he
received if and furnishes the Court with
a copy of such warranty within th e time
fixed by the Court, and”;
(2) the Explanation shall be deleted.
6 The Bombay Repealing and Amending Act, 1954 [1954 : Bom. XXI
Year. No. Short title. Extent of amendments.
1 2 3 4
1947 VII … The Motor Vehicles
(Bombay Amendment)
Act, 1947.
In section 8, for the figures, brackets and
letter “64( a)”, the figures, brackets and
letter “64(g)” shall be substituted.
1949 XXV … The Bombay Prohibition
Act, 1949.
(1) In section 93, in sub -section ( 1), for the
words “Presidency Magistrate in the
Greater Bombay and elsewhere,
“Magistrate of the first class” the words
“Presidency Magistrate sp ecially
empowered by the State Government in
this behalf in Greater Bombay, and
elsewhere, a District Magistrate or
Sub-Divisional M agistrate” shall be
substituted;
(2) In section 101, for the word “Magistrate”,
at both the places where it occurs, the
word “Court” shall be substituted;
(3) In section 127, in sub -section (2), for the
words “a Magistrate” the words “a
Magistrate having jur isdiction” shall be
substituted;
(4) In section 142, in sub -section (2), for the
words “any Magistrate” the words “any
Executive Magistrate” shall be substituted.
1950 XXIX … The Bombay Public Trusts
Act, 1950.
(1) In section 77, in the marginal note, for the
figures, letters and word “41, 48, 79 A or
79C” the figures, letters and word “20, 41,
48, 79A, 79 C or 79CC” shall be
substituted;
(2) In Schedule A, in the heading the figures
“64” shall be deleted.
1951 XXII .. The Bombay Police Act,
1951.
(1) Section 13 shall be deleted;
(2) In sub-section (1) of section 21, the words
“not lower in rank than that of second class”
shall be deleted;
(3) In section 74—
(i) the words, brackets and figure “sub -
section (1) of” shall be deleted;
(ii) in clause (c),—
(a) for the words, brackets and figure
“sub-section ( 2) of section 6” the
words, brackets, figures and letter “sub-
section ( 1) of s ection 6B” shall be
substituted;
(b) for the words, brackets and figure
“sub-section ( 3)” the words, brackets
and figures “sub -sections (2) and ( 3)”
shall be substituted;
1954 : Bom. XXI] The Bombay Repealing and Amending Act, 1954 7
Year. No. Short title. Extent of amendments.
1 2 3 4
(4) In section 75, for the words, brackets and
figures “sub -section ( 3) of section 6” the
words, brackets, figures and letter “sub -
sections (2) and (3) of section 6B” shall be
substituted;
(5) In section 77, for the brackets, figures and
words “( 5), ( 6), (7) and ( 8) of section 6”
the brackets, figures, words and letter “( 5),
(6) and ( 7) of s ection 6B” shall be
substituted;
(6) For section 79 the following shall be
substituted, namely :—
“79. Power of police to arrest
without warrant when certain offences
committed in his presence. — Any police
officer may, without an order from a
Magistrate and without a warrant, arrest
any person committing in his presence any
offence punishable under section 117, or
section 125 or section 130 or sub -clause
(i), (iv) or ( v) of section 131 or clause ( i)
of section 135 in respect of contravention
of any order made under sections
39 or 40”;
(7) In section 113, for the word “houses” the
word “horses” shall be substituted;
(8) In section 131, for the portion beginning
with the brackets and letter “( a)” and
ending with the words “be punished” the
following shall be substituted, namely :—
“Whoever—
(a) contravenes any rules or order made
under section 33 or any of the conditions
of a licence issued under such rule or
order, or
(b) abets the commission of any offence
under clause (a),
shall, on conviction, be punished.”—
1951 XXIII … The Bombay Separation of
Judicial and Executive
Functions Act, 1951.
In part II of Schedule IV, against the entry
relating to the Indian Forest Act, 1927, in
column 4, for the word “after” the word
“for” shall be substituted.
1951 XXV … The Bombay Legislature
Members (Removal of
Disqualifications) Act,
1951.
In entry 4 in the Schedule, for the words
“District Rural Development Boards ;” the
words and brackets “District Development
Boards constituted by the State
Government (by whatever name called);”
shall be substituted.