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The Tamil Nadu References to Magistrates in Laws (Special Provisions) Act, 1980

Tamil Nadu · state statute
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The Tamil Nadu References to Magistrates in Laws (Special Provisions) Act, 
1980 
 
Act 33 of 1980 
 
 
 
 
 
 
 
 
Keyword(s): 
Code, Law in Force, Construction of Certain Refrences, Magistrates 
 
1980 : T.N. Act 331 References to Mugistraies in Laws 9 1 
(Special Provisions) 
TAMIL NADU ACT NO. 33 OF 1980.* 
THE TAMIL NADU REFERENCES TO MAGIS- 
TRATES IN LAWS (SPECIAL PROVISIONS) ACT, 
1980, 
[Received the assent of the President on the 29rh September 
1980, first published in the Tamil Nadu 30vernrn:~t 
Gazette Ertrmtdi~y 017 the Nth Sz~texF<z 19W 
(Purattasi 14, Ro wtlziri-20 1 1-l'hiruvalluvar Aandu).] 
' .4n Act to provide for the construction of certain references 
to Magistrates, etc., in laws in force in the State of Tarnil 
Nadu. 
BE it enacted by the Legiblature of the State of Tamil Nadu 
in the thirty-first .Year of the Republic of India as fol- 
lows :- 
1. (1) This Act may be caned the Tamil Nadu &fe- Short title and 
rences to Magistrates in Laws (Special Provisions) Act, commencement. 
1980. 
(2) It shall come into force on s~ch date as the State 
Government may, by notification, appoin:. 
2. In this Act, unless the context otherwise requires,- Definitions. 
(a) "Code" means the Gode of Criminal Prc-dure, 
1973 (Central Act 2 of 1974) 1 
(b) "lavr in force" includes any enactment, Ordi- 
nance, regulation, order, by-law, rule, scheme or notifi- 
cation in force in the whole or in any part of the State of 
Tamil Nadu or any instrument having the force of law 
in the whole or in any part of the State of Tamil Nadu. 
7. (1) In the Code,- L 
Construction of (a) any reference without any qualifying words, to 
to a Magistrate, which has to be construed as a reference Maglsrratcs, , to a Judicial Magistrate under section 3 (1) (a) (i) of the etc. 
Code, shall, by reason of this Act, be construed as a reference 
to a District Munsif-cum-Judicial Magistrate exercising 
the powers of a Judicial Magistrate of the first class or of 
the second class, as the case may be ; - - 
* For Statement of Objccts and Reasons, see Tamil ~Vadlr Goyern- 
ment Gazette Extraordinary, dated the 6th August 1950, Part. 
][V-Section 1, page 255, 
92 References to Magistrates [1980: T.N. Act 33 * 
in Law8 (Special Provislonq) 
(b) any reference to a ~a~istrate of the second 
class which has to be construed as a reference to a Judicial 
Magistrate of the second class under section 3 (1) (b) of 
the Code, shall, by reason of this Act, be construed as a . 
reference to a District Munsif-cum-Judicial Magistrate 
exercising the powers of a Judicial Magistrate of the sco91~d 
class ; 
(c) any reference to a Magistrate of the first class. 
which has to be construed as a reference to a Judicial 
Magistrate of the first class unde: section 3 (1) (c) (ii) of 
tho Code, shall, by reason of this Act, b construed a8 a 
reference to a District Muasif-cum--Judicial Magistrate 
exercising the powers of a Judicial Magistrate of the flrlt 
dasr 
(d) any reference to a Judicial Magistrate sbll, 
by rearon of this Act, be construed as a reference to a , 
District Munsif-cum-Judicial Magistrate exercising the 
powers of a Judicial Magistrate of the first claw or of tbr 
socoad class, as the case may bc. 
(2) Any reference in any law in force passed bforr 
tho commencement of the Coda,-- 
(a) to a Magistrate of the firat class which ha8 to be 
oonstrued as a reference to a Judicial Magistrate of the 
first class under section 3 (3) (a) of the Code, W, by 
rearon of thts Act, be construed as a reference to a District 
Murimif-cum-Judicial Magistrate -xercising tho powers of a 
Judldal Magistrate of the first class 1 
(b) to a Magistrate of the second class or of the 
third class which has to be oonstrued as a referenoe to a 
Judicial Magistrate of the ~econd class under section 3 
(3) (b) of the Code, shall, by reason of this Act, be wmtr- 
ued as a refereace to tr District Wnsif-cum -Judicial 
Magistrato exercising the powers of a Judicial Ma@- 
trate of the second class. 
0, 3 ?y reference in any law in folcs passed rftcr 
a 
tLr; commencement of the Code,-- 
(a) to a Judicial Magistrate of the first class. hll, 
by reason of this Act, be construed as a reference to a 
District Munsif-eum-Juuicial Magistrate exercising tb 
powers of a Judic~al Magistrate of the first class ; 
'1Md:f.N. Act331 keferencesto~agistiatesjn 93 
Isms (Spcia l Provisions) 
I 
(b) to a Judicial Magistrate of the second class, 
abll, by reason of this Act, be construed as a reference 
to a District Mun*sif-cum-Judicial Magistrate exercising 
the powels of a Judicial Magistrate of the second class; 
(c) to a Judicial Magistrate, shall, by reason of 
this Act, t>e construed as a reference to a District Munsif- 
cum-Judicial Magistrate exercising the po wers of a 
Judicial Magistlate of the first class or of the second class, 
as the case may be. 
(4) For the purpose of exercise of functions of a 
Judicial Magistrate by a District Munsif- cum - Judiclrl 
Magistrate exercising the powers of a Judicia; Vagis- 
trate .of the first class or of the second class, as the czse 
may be, under any law in force other than the Code, 
the provisions of sub-section (4) (a) of section 3 of tho 
Code shall apply. 

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