REGISTERED No. D. 221
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (ii)
PUBLISHED BY AUTHORITY
No. 324] NEW DELHI, WEDNESDAY, SEPTEMBER 17, 1969/BHADRA 26, 1891
Separata paging is given to this Part in order that it may be filed
as a separate compilation.
MINISTRY OF HOME AFFAIRS
NOTIFICATIONS
New Delhi, the 17th September 1969
S.O. 3836.—In exercise of the powers conferred by sub-section (3) of section 1 of the Union Territories (Separation of Judicial and Executive Functions) Act, 1969 (19 of 1969), the Central Government hereby appoints the 2nd day of October, 1969, as the date on which the said Act shall come into force in all the areas of the Union territory of Delhi.
[No. E. 13/2/69-UTL.]
S.0.3837—In pursuance of clause (I) of article 239 of the Constitution and in partial modi- fication of the notification of the Government of India in the Ministry of Home Affairs No. S.O. 1615, dated the 6th May, 1968, in so far as it relates to the exercise of powers and discharge of functions by the Administrator of the Union territory of Delhi,'the President hereby directs that the said Administrator shall, subject to the control of the President and until further orders, exercise the powers and discharge the functions under the Code of Criminal Procedure, 1898 (5 of 1898), as amended by the Union Territories (Separation of Judicial and Executive Functions) Act, 1969 (19 of 1969), in relation to the Union territory of Delhi, specified in column I of the Schedule hereto annexed, subject to the general condition that the Central Government may itself exercise all or any of those powers and discharge all or any of those functions should it deem necessary so to do, and subject to the special conditions, if any, specified in column 2 of the said Schedule.
2. This notification shall have effect from the 2nd October, 1969.
(1273)
1274 THfe GAZETTE OF INDIA EXTRAORbiNARY f>ART U—Schedule showing thi delegation of powers and functions under the Code tf Criminal Procedurt, 1898
(5 of 1898), as amended by the Union Territories {Separation of Judicial and Executive Functions)
Act, 1969 (19 of 1969)5 to the Administrator of the Union territory of Delhi.
Conditions sub)ect to which exercisable Powers and functions
( i)
(0 All powers and functions of the State Go- '
vernment except those under section 14.
The power to empower an Executive Magis- trate under sub-section (iA) of Bcction 164 shall be exercised only when the Judicial Magistrate is not available to record the statement or confession.
(:'t')Powers and functions of the Central Govern- ment under sub-section (3) of section I98B, in respect of persons employed in connection with the administration of the Union territory of Delhi.
(ti'i)Powers and functions of the appropriate Government under section 401, except in respect of :—
(a) cases involving the sentence of death where such sentence has not been commuted j
(6) cases where the sentence is for an offenci against any law relating to any of the matter s enumerated in List I in the Seventh Schedu le to the Constitution ; and
i
(e) cases where the order referred to in sub- section (4A) of section 4O1 is passed unde r any law relating to any of the matter! enumerated in List I in the Seventh Schedule to the Constitution.
[No. F. 2/6/69-UTL.]
K. R. PRABHU, Jt. Secy.
SEC. 3(ii)] THE GAZETTE OF INDIA EXTRAORDINARY' 1275 1S76 n iE GAZETTE OF INDIA EXTRAORDINARY [PART ll—SBC 3 (M) 1