The Coroners (Maharashtra Repeal) Act, 1999.
Maharashtra · state statute
Open in Lexace · Ask the AI about this act2000 : Mah. VIII] 1
THE CORONERS (MAHARASHTRA REPEAL) ACT, 1999
[Text as on 9th May 2025]
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CONTENTS
PREAMBLE.
SECTIONS.
1. Short title and commencement.
2. Repeal of Act IV of 1871.
3. Effect of repeal and savings.
4. Repeal of Mah. Ord. XXIX of 1999 and savings.
2 The Coroners (Maharashtra Repeal) Act, 1999 [2000 : Mah. VIII
2000 : Mah. VIII] The Coroners (Maharashtra Repeal) Act, 1999 3
MAHARASHTRA ACT No. VIII OF 20001
[THE CORONERS (MAHARASHTRA REPEAL) ACT, 1999.]
[This Act received the assent of the Governor on the 6th January 2000; assent was first published, in the
Maharashtra Government Gazette, Extraordinary No. 10, Part IV, on the 7th January 2000.]
An Act to repeal the Coroners Act, 1871, applicable within the local limits of the ordinary
original civil jurisdiction of the High Court of Judicature at Bombay (now Brihan Mumbai), in
the State of Maharashtra.
WHEREAS the Governor of Maharashtra had promulgated the Coroners (Maharashtra Repeal)
Ordinance, 1999 (Mah. Ord. XVII of 1999), on the 26 th July 1999 (hereinafter referred to as “the said
Ordinance”) ;
AND WHEREAS upon the re -assembly of the State Legislature on the 22 nd October 1999, the
said ordinance was laid before both Houses of the State Legislature, however, a Bill for converting the
said Ordinance into an Act of the State Legislature could not be introduced in the Maharashtra
Legislative Assembly for want of time as the session of the State Legislature prorogued on the 23 rd
October 1999;
AND WHEREAS as provided by article 213( 2)(a) of the Constitution of India, the said
Ordinance would have ceased to operate after the 3 rd December 1999, the date on which the period of
six weeks from the date of re-assembly of the State Legislature would have expired ;
AND WHEREAS it was considered expedient to ensure that the said Ordinance is converted into
an Act of the State Legislature;
AND WHEREAS both Houses of the State Legislature were not in session and the Governor of
Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take
immediate action to continue the said Ordinance, for the aforesaid purposes ; and therefore, the said
Ordinance was repealed by withdrawal and the Coroners (Maharashtra Repeal) (Continuance)
Ordinance, 1999 (Mah. Ord. XXIX of 1999), which was promulgated with retrospective effect, that is
with effect from the 26th July 1999, on the 2nd December 1999 ;
AND WHEREAS it is expedient to replace the provisions of the Coroners (Maharashtra Repeal)
(Continuance) Ordinance, 1999 (Mah. Ord. XXIX of 1999), by an Act of the State Legislature ; It is
hereby enacted in the Fiftieth Year of the Republic of India as follows :—
1. Short title and commencement. — (1) This Act may be called the Coroners (Maharashtra
Repeal) Act, 1999.
(2) It shall be deemed to have come into force on the 26th July 1999.
2. Repeal of Act IV of 1871. — The Coroners Act, 1871 (IV of 1 871), in its application to the
area within the local limits of the ordinary original civil juris diction of the High Court of Judicature at
Bombay (now Brihan Mumbai), in the State of Maharashtra, is hereby repealed.
3. Effect of repeal and savings. — It is hereby declared that on such repeal, the following
consequences shall ensue :—
(1) On the date of coming into force of this Act, —
(a) the offices of the Coroner and Additional Coroners of Mumbai shall stand abolished, and
the persons holding the said offices immediately before the said date, if appointed to the said
posts,—
1 For Statement of Objects and Reasons of the L. A. Bill No. LI of 1999, see Maharashtra Government
Gazette 2000, Extraordinary No. 117, Part VIII, pages 193-194.
4 The Coroners (Maharashtra Repeal) Act, 1999 [2000 : Mah. VIII
(i) by transfer from the cadre of Metropolitan Magistrate, shall st and transferred to the
establishment of the Chief Metropolitan Magistrate’s Court ; and
(ii) by nomination, shall stand absorbed in such other equivalent post under the State
Government, in Mumbai, as the State Government may deem fit ;
(b) the staff appointed for the purposes of implementation of the Coroners Act, 1871 (IV of
1871), may be transferred by the State Government to such of the equivalent posts, in Mumbai, as
the State Government may deem fit ;
(c) any proceeding or inquiry pending before the C oroner’s Court, shall be deemed to be a
proceeding or inquiry within the meaning of section 176 of the Code Criminal Procedure, 1973 (2
of 1974), and shall be transferred to, and dealt with, by the Magistrate empowered in this behalf,
by the State Government by general or special order issued in this behalf, under the provisions of
section 174 read with section 176 of the Code of Criminal Procedure, 1973 (2 of 1974).
(2) Save as otherwise provided in this Act, the provisions of section 7 of the Bombay General
Clauses Act, 1904 (Bom. I of 1904), with regard to effect of repeal, shall apply.
4. Repeal of Mah. Ord. XXIX of 1999 and savings. — (1) The Coroners (Maharashtra Repeal)
(Continuance) Ordinance, 1999 (Mah. Ord. XXIX of 1999), is hereby repealed.
(2) Notwithstanding such repeal, any action taken under the said Ordinance, (including any order
or notification issued), shall be deemed to have been taken or issued under the corresponding
provisions of this Act.
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