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REGISTERED No. D 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 65A]NE\V DELHI, TUESDAY, DECEMBER 10, 1968/AGRAHAYANA 19, 1890

Separate paging is given to this Part in order that it may be filed

as a separate compilation,

LOK SABHA

The following Report of the Joint Committee on the Bill to provide for the separation of judicial and executive functions in Union Territories, was presented to Lok Sabha on 10th December, 1968.

COMPOSITION OF THE JOINT COMMITTEE

Shri Vikram Chand Mahajan—Chairman.

MEMBEBS

Lok Sabha

2. Shri Jahan Uddin Ahmed

3. Shri M. Deiveekan

4. Shri Sanjibhai Rupjibhai Delkar

1638/1

5. Shri K. R. Ganesh

6. Shrl R. S. Vidyarthi

7. Shrl K. M. Koushik

8. Hazi Lutfal Haque

9. Shri Shri Chand Goyal

10. H.H. Maharaja Manikya Bahadur of Tripura

11. Shrl M. Meghachandra

12. Shri V. Viswanatha Menon

13. Shrl P. M. Sayeed

14. Shri Dwalpayan Sen

15. Shri N. Sethuramane

16. Shri Janaradan Jagannath Shinkr*

17. Shri P. N. Solanki

18. Dr. A. G. Sonar

19. Shri Krishna Dev Tripathi

20. Shri Ram Sewak Yadav

21. Shri Y. B. Chavan

22. Shri Vidya Charan Shukla

Rajya Sabha

23. Shri P. Abraham

24. Shri M. Vero

25. Shri S. Krishna Mohan Singh

20. Smt. Satyawati Dang

27. Kumari Shanta Vasisht

28. Shri I. K. Gujral

29. Shri Syed Ahmed

30. Shri Golap Barbora

31. Dr. Bhai Mahavir

32. Shri R. Ruthnaswamy

33. Shri A. P. Chatterjee

LEGISLATIVE COUNSEL

1. Shri K. K. Sundaram, Joint Secretary and Legislative Coun- sel, Ministry of Law.

2. Shri V. S. Bhashyam, Deputy Legislative Counsel, Ministry of Law.

REPRESENTATIVES OP THE MINISTRY

1. Shri M. R. Yardi, Additional Secretary, Ministry of Home Affairs.

2. Shri K. R. Prabhu, Joint Secretary, Ministry of Home Affairs.

3. Shri P. N. Kaul, Deputy Secretary, Ministry of Home Affairs.

SECRETARIAT

Shri M. C. Chawla—Deputy Secretary.

HEPORT OF THE JOINT COMMITTEE

1. the Chairman of the Joint Committee to which the Bill* to pro- vide for the separation of the judicial and executive functions in Union territories was referred, having been authorised to submit the report on their behalf, present their Report, with the Bill as amend- ed by the Committee, annexed thereto.

2. The Bill was introduced on the 26th April, 1968, in Lok Sabha. The motion for reference of the Bill to a Joint Committee was mov- ed in Lok Sabha by Shri Vidya Charan Shukla, Minister of State in the Ministry of Home Affairs, on the 26th July, 1968, and was adopt- ed on the same day.

3. Rajya Sabha discussed the motion on the 1st August, 1968 and concurred in the motion on the same day.

4. The message from Rajya Sabha was reported to Lok Sabha on the 5th August, 1968.

5. The Committee held four sittings in all.

6. The first sitting of the Committee was held on the 26th August, 1968, to draw up their future programme of work. The Committee at this sitting decided that a Press Communique should be issued advising public bodies, associations and individuals who were desir- ous of submitting their suggestions or views or of giving evidence before the Committee in respect of the Bill, to send written memo- randa thereon for the purpose. The Committee also decided to in- vite the views of all the State Governments, Administrations of Union territories, Advocates General and Bar Councils and Bar Asso- ciations of India, on the provisions of the Bill and to inform them, that they could also give oral evidence before the Committee, if they so desired.

7. Two memoranda on the Bill were received by the Committee from Shri Gopal Apa Kamat, Speaker, Legislative Assembly of Goa, Daman and DIu, Panaji and Shri Bhawani Shanker, Hony. Magis- trate, New Delhi.

•Published in the Gazette of India, Extraordinary, Part I I, section 2 dsicd

April, T968

8. At their second sitting held on the 14th October, 1968, the Committee heard the evidence given by the Honorary Magistrates of Delhi.

9. The report of the Committee way to be presented by the 11th November, 1968. As this could not be done, the Committee at their second sitting held on the 14th October, 1968, decMed to ask for an extension of time for presentation oi their report upto the last day of the sixth session. Necessary motion was brought before the House and adopted on the 11th November, 1968.

10. The Committee have decided that the evidence given before them should be printed in extenso and Jaid on the Tables of both the Houses.

11. The Committee considered the Bill clause-by-clause at their third sitting held on the 22nd November, 1968.

12. The Committee considered and adopted their Report on the 29th November, 1968.

13. The observations of the Committee with regard to the prin- cipal changes proposed in the Bill are detailed in the succeeding paragraphs.

14. The Schedule:

(i) Paragraph 2.—This paragraph seeks to modify section 7 (1) of the Code so as to provide that every State or Union territory shall consist of sessions divisions and every sessions division shall be a district or part of a district or consist of districts. But certain Union territories are too small and cannot have more than one sessions division. It will be administratively inconvenient it each such Union 1jAj|pry is constituted into a single sessions division and district for M^^rposes of the Code. Paragraph 2 has been modified so that existing section 7(1), under which a State or Union territory can be a sessions division as well as a district, will stand unmodified.

(11) Paragraph 4.—In the proposed sub-section (2B) of section 10 provision has been made for appointment of Additional Chief Judi- cial Magistrates in consultation with the High Court but there is no provision for such consultation before the State Government confers all or any of the powers of a Chief Judicial Magistrate on the Addi- tional Chief Judicial Magistrate. The Committee feel that confer- ment of powers should also be subject to consultation with the High Court. Paragraph 4 has been amended accordingly.

(iii) Paragraph 17.—There is a drafting alteration to make the intention clear.

(iv) Paragraph 18.—New section 38 provides that the Chief Judi- cial Magistrate shall exercise the powers conferred on him subject to the control of the High Court and the State Government. The Com- mittee feel that the Chief Judicial Magistrate being a Judicial Offi- cer should not be under the control of the State Government. The paragraph has been suitably amended.

(v) Paragraphs 19 and 20.—The amendments to sections 39 and 40 provide for the State Government consulting the High Court wherever necessary. The Committee feel that it should be obliga- tory on the part of the State Government to consult the High Court In cases relating to Judicial Magistrates. The provisions have been suitably amended.

(vi) Paragraph 33.—The amendment in the paragraph is of a consequential nature.

(vii) Paragraph 40.—The Committee feel that Executive Magis- trates of the first and second classes should only be empowered under special circumstances to record statements or confessions under section 164(1). New sub-section (1A) gives effect to this.

(viii) Paragraph 89.—New Schedules III and IV containing the ordinary and additional powers of Judicial and Executive Magis- trates have been slightly amended to make the powers enumerated therein complete.

15. The Joint Committee recommend that the Bill as amended be passed.

VIKRAM CHAND MAHAJAN,

NEW DELHI; Chairman, „ The 29th November, 1968. Joint Committ^

BUI No, 35-B of 196

THE UNION TERRITORIES (SEPARATION OV JUDI- CIAL AND EXECUTIVE FUNCTIONS) BILL, 1968

( As REPORTED BY THE JOINT COMMITTEE)

(Words underlined indicate the amendments suggested by the Com-

mittee, asterisks indicate omissions),

A

BILL

to provide for the separation 0/ judicial and executive functions

in Union territories.

BE it enacted by Parliament in the Nineteenth Year of the Republic of India as follows: —

1. (1) This Act may be called the Union Territories (Separation of Judicial and Executive Functions) Act, 1968.

(2) It extends to all Union territories except the Union territory of Chandigarh.

(3) It shall come into force in a Union territory to which it ex- tends on such date as the Central Government may, by notification in the Official Gazette, appoint In respect ^thereof:

Provided that different dates may be appointed for different areas in a Union territory and any reference to the commencement of thi*

Act in relation to a Union territory or an area therein shall mean the date on which it comes into force in that Union territory or area.

Definition 2. In sections 3 to 9, "Union territory" means any Union territory

other than the Union territory of Chandigarh.

G of 1898 3. For the purpose of separation of judicial and executive func- tions, the Code of Criminal Procedure, 1898, shall, in its application to a Union territory, he amended in the manner and to the extent specified In the Schedule.

3 of 18B8.

Amend- ments to Code of Criminal Proce- dure, 1898. Amend- ments not to render invalid notifica- tions, etc., before com- mence- ment of Act.

4. The provisions of this Act which amend the Code of Criminal Procedure, 1898, so as to alter the manner in which, the authority by which, or the law under or in accordance with which, any powers are etferci sable, shall not render invalid any notification, order, commitment, attachment, bye-law, rule or regulation duly made or issued or anything duly done before the commencement of this Act, and any such notification, order, commitment, attachment, bye- law, rule or regulation or thing may be revoked, varied or undone in the like manner, to the like extent and in the like circumstances, as if it had been duly made, issued or done after the commencement of this Act by the competent authority and in accordance with the provisions then applicable to such case.

Functions exercis- able by Judicial and Exe- cutive Magis- trate*.

e of 1898.

5. Where under any law the functions exercisable by a Magis- trate relate to matters which involve the appreciation or sifting of evidence or the formulation of any decision which exposes any per- son to any punishment, or penalty, or detention in custody pending Investigation, Inquiry or trial or would have the effect of sending him! for trial before any court, such functions shall, subject to the provisions of this Act and the Code of Criminal Procedure, 1898, as amended by this Act, be exercisable by a Judicial Magistrate; and where such functions relate to matters which are administrative or executive in nature, such as the grant of a licence, the suspension or cancellation of a licence, sanctioning a prosecution, or withdraw- ing from a prosecution, they shall, subject as aforesaid, be exercis- able by an Executive Magistrate.

Punjab Act 25 of 1964. 5 of 1898.

Repeal of laws in transfer- red areaa In Hima- chal Pradesh.

10 of 1897

6. On the commencement of this Act in the transferred areas in the Union territory of Himachal Pradesh, the Punjab Separation of Judicial and Executive Functions Act, 1964, and the Code of Crimi- nal Procedure, 1898, aa in force immediately before such commence- ment in the said areas shajl stand repealed except as respects things done or omitted to be done before such repeal under tho said Punjab Act or under the provisions of the laws amended by the said Punjab Act and section 6 of the General Clauses Act, 1897, shall apply upon

sucn repeal as 11 such repeal were a repeal of an enactment by a Central Act; and on such commencement, the said Code as amended by this Act shall extend to, and come into force in, the said areas and the provisions of the laws (other than the said Code) amended by the said Punjab Act shall have effect in the said areas as if such provisions had not been amended by the said Punjab Act.

•9961 jo xe

Explanation.—In this section, "transferred areas" means the ter- ritories added to the Union territory of Himachal Pradesh by sub- section (1) of section 5 of the Punjab Reorganisation Act, 1966, except the territories comprised in the districts of Lahaul and Spiti.

Saving, 7. (1) Save as provided in this section, nothing in this Act shall be deemed to affect—

(a) the validity, invalidity, effect or consequence of anything done or suffered to be done before the commencement of this Act;

(b) any right, privilege, obligation or liability already ac- quired, accrued or incurred before such commencement;

(c) any penalty, forfeiture or punishment incurred or in- flicted in respect of any act before such commencement;

(d) any investigation, legal proceeding or remedy in res- pect of such right, privilege, obligation, liability, penalty, for- feiture or punishment,

5 of189&

and any such investigation, legal proceeding or remedy may be ins- tituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed in accordance with the provisions of this Act and the Code of Criminal Procedure, 1898, as amended by this Act.

S of 1898.

(2) All legal proceedings pending before a Magistrate or Court immediately before the commencement of this Act shall, if such Magistrate or Court ceases to have jurisdiction in respect of such proceedings under the provisions of the Code of Criminal Proce- dure, 1898, as amended by this Act, stand on such commencement transferred to the Magistrate or Court having jurisdication under the provisions of the Code of Criminal Procedure, 1898, as amended b> this Act and shall be heard and disposed of by such Magistrate 01 Court and such Magistrate or Court shall have all the powers anc jurisdiction in respect thereof as if they had been originally Insti- tuted before such Magistrate or in such Court, including the power 0: the succeeding Magistrate under section 350 of the Code of Crimina Procedure, 1898.

Power to remove difficul- ties.

8. (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government, in consultation with the High Court having jurisdiction in relation to the Union territory concern- ed, may, by order, do anything (including the specification of the appropriate Magistrate, whether Judicial or Executive, having juris- diction under any law) not inconsistent with such provisions for the purpose of removing the difficulty:

Provided that no such order shall be made after the expiration

of three years from the commencement of this Act.

Explanation.—In this section, "High Court" shall have the same

5 of 1898.

meaning as In clause (i) of sub-section (I) of section 4 of the Code of Criminal Procedure, 1898.

(2) Every order made under sub-section (1) shall be laid, as soon

as may be after it Is made, before each House of Parliament.

9. Notwithstanding anything contained in section 21 of the Gov- ernment of Union Territories Act, 1963, the Legislative Assembly of a Union territory may by law amend this Act in its application to that Union territory,

Power of Legisla- tive As- sembly of Union territory to amend this Act.

THE SCHEDULE

(See section 3)

AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1898

(5 OF 1898)

1. For section 6, the following sections shall be substituted,

namely:—

Classes of Criminal Courte.

"6. Besides the High Court and the Courts constituted under any law other than this Code for the time being in force, there shall be two classes of Criminal Courts, namely: —

I. Courts of Session.

II. Courts of Magistrates.

Al.—Classes of Magistrates

6A. There shall be th'e following classes of Magistrates, namely: —

I. Judicial Magistrates:

Classes of Magi*, tratea.

(1) Chief Judicial Magistrates. (2) Judicial Magistrates of the first class- (3) Judicial Magistrates of the second class.

II. Executive Magistrates:

(1) District Magistrates.

(2) Sub-divisional Magistrates.

(3) Executive Magistrates of the first class. (4) Executive Magistrates of the second class. (5) Special Executive Magistrates.".

2. In section 7, for sub-section (2) and (3), the following sub- sections shall be substituted, namely:—

* • * * • *

" (2) The State Government, in consultation with the High, Court, may alter the limits, or the number, of such divisions and districts.

(3) The sessions divisions and districts existing in any Union territory immediately before the commencement of the Union Territories (Separation of Judicial and Executive Func- tions) Act, 1968 in that Union territory shall be sessions divi- sions and districts respectively, unless and until they are alter- ed as provided in sub-section (2).".

3. In section 9,—

(i) in sub-section (1), after the words "sessions division, and", the words ", in consultation with the High Court," shall be inserted;

(ii) in sub-section (2), after the words "State Government", the words ", in consultation with the High Court," shall be inserted;

(iii) in sub-section (3), after the words "may also", the words ", in consultation with the High Court," shall be inserted; and

(iv) in sub-section (4), after the words "State Government¹', wherever they occur, the words ", in consultation with the High Court," shall be inserted.

4. In section 10,—

(i) for the marginal heading, the following marginal head- ing shall be substituted, namely: —

"District Magistrate and Chief Judicial Magistrate.";

(n) in sub-section CO, for the words "a Magistrate", the words "an Executive Magistrate" shall be substituted;

(in) in sub-section (2), for the words "any Magistrate of the first class", the words "any Executive Magistrate of the first class" shall be substituted and after that sub-section as so amend- ed, the following sub-sections shall be inserted, namely: —

"(2A) In every district the State Government shall, in consultation with the High Court, invest a Judicial Magis- trate of the first class with the powers of a Chief Judicial Magistrate under this Code or any other law for the time being in force.

(2B) The State Government may, in consultation with the High Court, appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial Magistrate and such Additional Chief Judicial Magistrate shall have all or any of the powers of a Chief Judicial Magistrate referred to in sub- section (ZA) as the State Government may, in consultation with the High Court, direct."; ~~"~~"""""~"~

(iv) for sub-soction (3), the following sub-section shall be substituted, namely: —

"(3) For the purposes of section 88, sub-section (6C), section 406B and section 528, sub-sections (2B) and (3), such Additional District Magistrate shall be deemed to be subordinate to the District Magistrate; and for the purposes Of section 88, sub-section (6C), section 192, sub-section (1), section 406B and section 528, sub-sections (2) and (2A), such Additional Chief Judicial Magistrate shall be deemed to be subordinate to the Chief Judicial Magistrate.".

5. For section 12, the following section shall be substituted, namely: —

ttxecutlvt Magis- trates and Judicial Magis- trates

"12, (1) The State Government may appoint as many persons as it thinks fit, besides the District Magistrate, to be Executive Magistrates ol the first or second class in any district, and the State Government or the District Magistrate, subject to the con- trol of the State Government, may, from time to time, define local areas within which such persons may exercise all or any of the powers with which they may respectively be invested under this Code.

(2) The Stntc Government, in consultation with the High Court, may confer on any person who is a civil judge or a mem- ber of the Judicial Service of a Union territory or a group of such

territories, the powers of any class of Judicial Magistrates in any

district; and the State Government, in consultation with the High

Court, or the Chief Judicial Magistrate, subject to the control of

the High Court, may, from time to time, define local areas within

which he may exorcise all or any of the powers with which he

may be invested under this Code.

(3) The State Government, in consultation with the High Court, may, for such period not exceeding three years from the commencement of the Union Territories (Separation of Judicial and Executive Functions) Act, 1968, as it may think fit, appoint as many persons, who are members of a Civil Service in any Union territory or in any State and who are or have been exer- cising the powers of a Magistrate in such territory or State at or before the commencement of the said Act, as may be considered necessary to be Judicial Magistrates in any district; and the State Government, in consultation with the High Court, may define local areas within which such persons may exercise all or any of the powers with which they may, respectively, he invested under this Code,

(4) Except as otherwise provided by any such definition as is referred to in sub-section (1), (2) or (3), the jurisdiction and powers of such persons shall extend, throughout such dis- trict.".

6. In sub-section (1) of section 13, for the word "Magistrate", the words "Executive Magistrate" shall be substituted.

7. For section 14, the following section shall be substituted, namely: —

Special Executive Magis- trates.

"14i. The State Government may appoint Executive Mag-

istrates far particular areas or for the performance of particular

functions and confer on them such powers as it deems fit. Such

Magistrates shall he called Special Executive Magistrates and

shall be appointed for such term as the State Government may,

by general or special order, direct.",

8. For sub-section (1) of section 15, the following sub-section shall be substituted, namely: —

" 00 The State Government, in consultation with the High Court, may direct any two or more Judicial Magistrates in any place in a Union territory to sit together as a Bench, and maj

Benches of Judicial Magis- trates.

by order invest such Bench with any of the powers conferred or confcrable by or under this Code on a Judicial Magistrate of the first or second class, and direct it to exercise such powers in such cases, or, such classes of cases only and within auch local limits as the State Government, in consultation with the High Court, thinks fit.".

9. In section 16,—

(i) for the words "The State Government may, or, subject to the control of the State Government, the District Magistrate", the words "The High Court, subject to the approval of the State Government,", shall be substituted; and

(H) for the words "Magistrates' Benches", the words

"Judicial Magistrates' Benches" shall be substituted.

10. For section 17, the following sections shall be substituted,

namely: —

"17. (!) All Judicial Magistrates appointed under sub- sections (2) and (3) of section 12 and all Benches constituted under section 15, shall, subject to the control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate, and the Chief Judicial Magistrate may, from time to time, make rules or give special orders consistent with this Code as to the distribution of business among such Magistrates and Benches.

(2) All Chief Judicial Magistrates shall be subordinate to

the Sessions Judge.

Subordi- nation of Judicial Magis- trates anc Benciies to Chief Judicial Magis- trates and of Chief Judicial Magis- trates and Assistant Sessions Judges to Sessions Judge.

(3) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose Court they exercise jurisdiction, and the Sessions Judge may, from time to time, make rules consistent with this Code as to the distribution of business among such Assistant Sessions Judges.

(4) The Sessions Judge may also, when he himself is un- avoidably absent or incapable of acting, make provision for the disposal of any urgent application by an Additional or Assistant Sessions Judge, or, if there be no Additional or Assistant Ses- sions Judge, by the Chief Judicial Magistrate, and such Judge or Magistrate shall have jurisdiction to deal with any sucn application.

17A. (I) All Executive Magistrates appointed under sub-sec-

Subordi- nation of Executive Magis- trntes.

tion (1) of section 12, section 13 and section 14 shall be subordi- nate to the District Magistrate and every Executive Magistrate (other than a Sub-divisional Magistrate) exercising powers in a sub-division shall also be subordinate to the Sub-divisional Magis- trate, subject, however, to the general control of the District Ma- gistrate.

(2) The District Magistrate may, from time to time, make rules or give special orders consistent with this Code as to the distribution of business among Executive Magistrates subordi- nate to him and as to allocation of business to an Additional District Magistrate.

17B. Courts of Session and Courts of Judicial and Executive Magistrates shall be Criminal Courts inferior to the High Court and Courts of Judicial and Executive Magistrates shall be Criminal Courts inferior to the Court of Session.".

Courts Inferior to High Court and Court of Session.

11. For sub-section (1) of section 29, the following sub-section shall be substituted, namely: —

"(2) Subject to the other provisions of this Code, any offence under any other law shall, when any Court is mention- ed in this behalf in such law, be tried by such Court:

Provided that if the Court so mentioned is a Court speci- fied in column (1) of the Table below, such offence shall be tried by the Court of the Judicial Magistrate specified against it in column (2) thereof:

TABLE

Name of Court specified

Court by which triable in the law

(i)

Chief Judicial Magistrate.

T. District Magistrate 2. Magistrate of the first class

Judicial Magistrate of the

first class.

Judicial Magistrate of the 3. Sub-divisional Magistrate

first class.

4. Magistrate of the second')

Judicial Magistrate of the

class y 5. Magistrate of the thirdj

second class.

closs

Judicial Magistrate".

6. Magistrate ("except where it occurs in any expression mentioned above).

12. In section 29B, for the words "a District' Magistrate or a Chief Presidency Magistrate, or by any Magistrate specially empow- ered by the State Government", the words "a Chief Judicial Magis- trate or any other Judicial Magistrate specially empowered by the State Government in consultation with the High Court" shall be substituted.

13. For section 30, the following section shall be substituted, namely: —

Offences punish- Rble with Imprison- ment not exceeding seven yeais,

"30. Notwithstanding anything contained In section 28 or section 29, the State Government, in consultation with the High Court, may invest any Chief Judicial Magistrate or any other Judicial Magistrate of the first class with power to try as a Judicial Magistrate all offences not punishable with death or with imprisonment for life or with imprisonment for a term exceed- ing seven years:

Provided that no Chief Judicial Magistrate or Judicial Magistrate of the first class shall be invested with such powers unless he lias, for not less than ten years, exercised as a Magis- trate powers not inferior to those of a Magistrate of the first class:

Provided further that if any Judicial Magistrate of the first class has, prior to his appointment as such Magistrate, exercised the powers of an Assistant Sessions Judge, he may be invested with the powers under this section notwithstanding the fact that he has not exercised the powers of Magistrate of the first class for not less than ten years.".

14. In section 32,—

(a) i'n the marginal heading, for the word "Magistrates", the words "Judicial Magistrates" shall be substituted;

(b) in sub-section (1) ,—

(i) in the opening sentence, before the word "Magis- trates", the word "Judicial" shall be inserted;

(ii) in clause (a), for the words "Courts of Presidency Magistrates and of Magistrates of the first class", the wnrds "Courts of Judicial Magistrates of the first class" and in

clause (b), for the words "Courts, of Magistrates", the words. "Courts of Judicial Magistrates" shall be substituted:

(iii) clause (c) shall be omitted;

(c) in sub-section (2), for the words, "any Magistrate, the words "any Judicial Magistrate" shall be substituted.

15. In section 33, in sub-section (I),—

(1) in the marginal heading, for the word "Magistrates", th" words "Judicial Magistrates" shall be substituted;

(il) in the opening paragraph, for the words "any Magis- trate", the words "any Judicial Magistrate" shall be substituted;

(iii) in the proviso, in clause (b), for the words "by a Magis- trate", the words "by a Judlcini Magistrate" shall be substituted

16. In the marginal heading of section 34, for the word "District" the word "Judicial" "hall be substitute.¹

17. In section 36, after the words "District Magistrates,", the WOP"> "Chief Judicial Magistrates,", shall be inserted; and for ihv words "Magistrates of the first second and third classes", the words "'Judi- cial and Executive Magistrates of the first and second classes" shall be substituted, "~~~™""""""~"~""""""-"^~~^^~

18. For section 37 and 38, the following sections shall be substi- tuted, namely: —

"37. In addition to the ordinary powers,—

(i) the State Government in consul+a+ion with the H^gh Court, may invest am- Judicial Magistrate with any of the powers specified In Part IA of Schedule IV;

Addi- tional powers conferable on Magi*- tratet.

(ii) a Chief Judicial Magistrate may invent any Judicial Magistrate within hi? local jurisdiction with the power* specified in Part TB of Schedule TV;

(Hi) the State Government may invest any Executive Magistrate with anv of thp powers specified in Part ITA of Schedule TV; and

(fp) n District Magistrate may invest any Executive Magistrate within his local jurisdiction with the power* spedfiM ;n Pai-t TIP of Schedule TV

38. The power conferred on the Chief Judicial Magistrate under clause (ii) of section 37 shall be exercised subject t- the control of the High Court * • * and the power conferred on the District Magistrate under clause tfv) of that section shall be exercised subject to the control of the State Government,

Ixerclw

of poweri

under

section 37

by Chief

Judicial

Magistrate

or District

Magietratt

to be lub-

jectto

control of

High

Court or

State Gov-

ernment

38A Whenever, uttder anv provisions of this Code or of any Powers on Judicial Magis- trates to be cor- ferred in consul ta- tton with High Court

other law for the time being in force relating to any of the mat- ters specified in Lists IT and III of the Seventh Schedule to the Constitution, any judicial powers are to be conferred on a Sessions Judge, or an Additional or Assistant Sessions Judge or a Chief Judicial Magistrate or any other Judicial Magistrate or any such Magistrate is to be specially empowered to exercise such power* the orders conferring such powers or empowering the exerciiji? of such power3 shall be made by the State Gov- ernment in consui-ijttloii with the High Court notwithstanding that such provision may not expressly so provide.

Explanation.—For the purposes of this section, the question whether any powers are ludicial shall be decided by the State Government In consultation with the High Court and such decision shall be final.".

19. In section 39. to sub-section (1). the following proviso shall be

idtled, namely: —

"Provided that in the case of Judicial Mae'strates. th<" State

Government "hall confer such powers in consultation with the

High Court."

20. To section 40, the following proviso shall be added, namely: —

""Provided that In the ease of Judicial Magistrates no such

direction shall be issued except in consultation with the High Court.".

21. In section 41,—

(t) to sub-section (I), the following provtso shall be added.

namely: —

•'Provided that the State Government shall not with-

draw any power comerred on the Jud-Cial Magistrate except

in consultation witn tne -tiign Court.".

(ii) for sub-section (2), the following sub-section shall be substituted, namely: —

"(2) Any powers conferred by the Chief Judicial Magistrate or the District Magistrate may bi-. -withdrawn by him.".

22. In section 57,—

(i) in sub-section (2), for the words '.'a Magistrate", the words "a Judicial Magistrate having jurisdiction'' snail be sub- stituted;

(ii) in sub-section (3), for the word "Magistrate", tho words "Judicial Magistrate" shall be substituted.

-23. In section 63, for the word "Magistrate", the words "Magis- trate having jurisdiction" shall be substituted.

24. For sub-section (1) of section 78, the following sub-section •hall be substituted, namely: —

"(1) A District Magistrate or a Chief Judicial Magistrate or any other Judicial Magistrate of t&e first class or a buo- diviSional Magistrate may direct a warrant to any landnoiaer, farmer or manager of land within toe area of nis jurisdiction for the arrest of any escaped convict, proclaimed oiienuer or person who has been accused of a non-bailable ottence, and wno has eluded pursuit.".

25. In section 88,—

(a) in sub-section (2), after the words "District Magistrate •, the words "or Chief Judicial Magistrate" shall be inserted;

(b) in sub-section (pB), after the words "District Magis- trate", the words LLor Chiet Judicial Magistrate" shall be wsert- ed; and

(c) for the proviso to sub-section (6C), the following proviso shall be substituted, namely:—

"Provided that if it is preferred or made in the Court of a District Magistrate or Chief Judicial Magistrate, he may make it over for disposal to any Magistrate subordinate to him, and such Magistrate shall have all the powers and jurisdiction in respect of such claim or objection as if the order of attachment had been issued by such Magistrate and the claim or objection had been originally preferred or made before him."

26. In section 95, after the words "District Magistrate," wher- ever they occur, the words "Chief Judicial Magistrate," shall be inserted.

27. In sub-section (2) ol section 9ti, after the words "District Magistrate", the words 'oi Chief Judicial Magistrate" Bhall be in- serted.

28. In section 98, after the words '"District Magistrate,", wherever they occur, the words "Chief Judicial Magistrate," shall be inserted.

29. In sub-section (J) of section 106, for the words "Court of a Presidency Magistrate, a District Magistrate, a Sub-divisional Magis- trate or a Magistrate", the words "Court of a Chief Judicial Magis- trate or any other Judicial Magistrate" shall be substituted.

30. In sections 107, lOti and 109, for the words "Magistrate of the first class" and in section 110, for the words "a Magistrate of the first class", the words "an Executive Magistrate of the first class'⁷ shall be substituted.

t

31. In section 124,—•

(t) for the words "'Chief Presidency'', wherever they occur, the words "Chief Judicial" -shall be substituted;

(h) in sub-section (1), tor the words "un&er this Chapter", the words and figures "under section 118 or, as the case may be, under section 106" shall be substituted; and

(iii) in sub-section (2), for the words "under this Chapter,¹', the words and figures "under section 106 or, as the case may be, under section 118," shall be substituted.

32. For section 125, the following section shall be substituted, namely: —

'•\2b. Thu Chief Judicial Magistrate may, at any time, for sufficient reasons to he recorded in writing, cancel any bond for keeping the pence executed undor section 106 and the District Magistrate may at any time likewi.se cancel any bond for keep- ing the peace or for good behaviour executed under section 118 by order of any Court in his district not superior to his Court.".

Power of Chief Judicial Magistrate to cancel any bond lor keep- ing the peace uad of District Magistral c to caned any bond lor keep- ing tht peace or i ui good behaviour.

S3. In section 12fi,—

(i) in sub-section (2), i'or the words "to a Presidency Magis- trate, District Magistrate, Sub-divisionaJ Magistrate or Magis- trate of the first class", the words and figures "to the Court by which an order to give security was made under section 106 or section 113" shall be substituted, and for the word "his", the word "its" shall be substituted; anti

(ii) for sub-section (2), the following sub-section shall be substituted, namely: —

"(2) On such application being made, the Court shall issue summons or warrant, as it thinks fit, requiring the per- son for whom such surety is bound to appear or to be brought before if.

34. In sections 127, 128, 129 and 132, for the word "Magistrate", the words "Executive Magistrate" shall be substituted; in sections 130 and 131 for the words ''a Magistrate", ll"e. words "an Executive Magis- trate" and in section 131, for the words "no Magistrate", the words "no Executive Magistrate" shall be substituted.

35. ]n section 133,—

(i) in the opening paragraph of sub-section (1) and in sub- section (2), for the word? 'a Magistrate", the words "an Execu- tive Magistrate" shall btj substituted: and

(ii) in the closing paragraph of sub-section (J), for the words "Magistrate of the first or second class", the words "Exe- cutive Magistrate'⁷ shall be substituted.

30, In section 143, for the wordy "any uther Magistrate", the words "any other Executive Magistrate" shall he substituted.

37. In sub-section (7) of section 144, for the wortis and brackets 'any other Magistral (not being a Magistrate of the third class)" the words "any other Executive Mafristraro" shall be substituted.

38. In Kub-aection (1) of section 145 and sub-section (2) of section 147, for the words "Magistrate of the first class", the words "Execu- tive Magistrate of the first claw" Khali be substituted

39. In sub-section (1) of section 155, the words, "having power to try such cane or commit the same for trial" shall be inserted at the end.

I638/22 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT A

40. For sub-section (1) of section 164, the following sub-sections shall be substituted, namely: —

"(1) Any * * * ** Judicial Magistrate of the first class or any Judicial Magistrate of the second class specially empowered m this behalf by the State Government in consultation with the High Court, may record any statement or confession made to him in the course of an investigation under this Chapter or under any other law for the time being in force or at any time afterwards before the commencement of the inquiry or trial,

(1A) Any Executive Magistrate of the first class or of the second class (not being a police oilicer) may be specially em- powered by tiie State Government to record such statements or contessions i± tnat Government tor reasons to be recorded in writing considers it necessary so to do.".

41. In section 167,—

(i) for the proviso to sub-section (2), the following proviso shall be substituted, namely: —

"Provided that no Executive Magistrate of the second class not specially empowered in this behalf by the State Government, and no Judicial Magistrate of the second class not specially empowered in this behalf by the State Govern- ment in consultation with the High Court, shall autnonae detention in the custody of the police."; and (2i) for sub-section (4), the following sub-section shall be substituted, namely: —

" (4) If such order is given by an Executive Magistrate other than the District Magistrate or Sub-divisional Magis- trate he shall forward a copy of his order, with his reasons for maiang it, to the Magistrate to whom he is immediately subordinate and if such order is given by a Judicial Magis- trate other than the Chief Judicial Magistrate, he shall tor- ward a copy of his order, with his reasons for making it, to the Chief Judicial Magistrate.".

42. In sub-section (3) of section 170, for the words "District Magis- trate or Sub-divisionai Magistrate", the words "Chief Judicial Magis- trate" shall be substituted.

43. In sub-section (5) of section 174, for the words "Magistrate (rf the first class, and any Magistrate", the words "Executive Magistrate of the first class, and any other Executive Magistrate" shall be sub- stituted.

44. Rpction HfiA which acnUos onlv to the Union territory of th" Lflccadlve, MJnJcoy and Amindivi Island? shall be omitted.

45. In sub-section (1) of section 186. for the words "a Presidency Magistrate, a District Ma>?Mrate, a Sub-divisional Magistrate, or. If he Is specially empowered in this behalf bv the State Government, a Magistrate of the first class", the words "n District Magistrate, a Sub- divisional Magistrate, or, If he is specially empowered In this behalf by the State Government, an 'Executive MngMrate of the first class, or, if he is specially empowered in this behalf by the State Govern- ment, in consultation with the "Rich Court, a Judicial Magistrate of the first class" shall be substituted.

46. Tn sub-section (I) of section 187, for the words "a Presidency Magistrate or District Magistrate, such Magistrate shall send the person arrested to the District or Sub-divisional Magistrate", the words "a District Magistrate or Chief Judicial Magistrate, such Magistrate shall send the person arrested to the District or Sub-divisional Magistrate, or, as the case may be, to the Chief Judicial Magistrate" shall be substituted.

47. In section 190,—

(i) in sub-erection (I), for the words, "any Presidency Magis- trate, District Magistrate or Sub-divisional Magistrate, and any other Magistrate", the words "any Chief Judicial Magistrate, and any other Judicial Magistrate" shall be substituted;

(U) in sub-section (2), for the words "The State Govern- ment, or the District Magistrate subiect to the general or special orders of th*" State Government, may empower any Magistrate", the words "The State Government, in consultation with the Hict'h Court, or the Chief Judicial Magistrate, subiect to the general 01 special orders of the High Court, may empower any other Judi- cial Magistrate" shall be substituted; and

(Hi) in sub-section (3). for the words "State Government mav emnower any Magistrate", the words "State Government, in con- sultation with the High Court, may empower any Judicial Magis- trate" shall be substituted.

48. In section 102,—

(i) in sub-section (I), tor the words "Any Chief Presidency Magistrate, District Magistrate or Sub-divisional Magistrate", the wocdfl "An? C h te JudLdUl MagMrat*" th"U bv "ibfftttut*d; nnd

(n) in sub-section (2), for the words "District Magistrate", the words "Chief Judicial Magistrate" shall be substituted-

49. In sub-section (2) of section 193, for the words "the State Government", the words "the State Government, in consultation with the High Court,", shall be substituted.

50. In secticto 196B, for the words "Chief Presidency Magistrate", the words "Chief Judicial Magistrate" shall be substituted.

51. In sub-section (I) of section 206, for the words and brackets "Any Presidency Magistrate, District Magistrate, Sub-divisions! Magistrate or Magistrate of the first class, or any Magistrate (not being a Magistrate of the third class) empowered in this behalf by the State Government,", the words "Any Chief Judicial Magis- trate or a Judicial Magistrate of the first class or any Judicial Magis- trate of the second class empowered in this behalf by the State Government, in consultation with the High Court," shall be substi- tuted

"~ ' '⁷ ITf

52. In section 249, for the words "a Presidency Magistrate, a Magis- trate of the first class, or, with the previous sanction of the District Magistrate, any other Magistrate", the words "a Judicial Magistrate of the first class, or, with the previous sanction of the Chief Judicial Magistrate, any Judicial Magistrate of the second class" shall be substituted.

53. In sub-section (3) of section 250, the words "or third" shall be omitted.

54. In the openi'ng paragraph of sub-section (1) of section 260, for- clauses (a), (b) and (c), the following clauses shall be substituted, namely: —

"(a) the Chief Judicial Magistrate,

(b) any Judicial Magistrate of the first class specially em- powered In this behalf by the State Government, in consultation with the High Court, and

(c) any Bench of Judicial Magistrates invested with the powers of a Judicial Magistrate of the first class and specially empowered in this behalf bv the State Government In consulta- tion with the High Court".

55. In section 261 —

(i) in the marginal heading, for the words "Bench of Magis- trates", the words "Bench of Judicial Magistrates" shall be substi- tilted;

(ii) in the opening paragraph, for the words "State Govern- ment may confer on any Bench of Magistrates invested with the powers of a Magistrate of the second or third class", the words "State Government, in consultation with the High Court, may confer on any Bench of Judicial Magistrates invested with the powers of a Judicial Magistrate of the second class" shall be substituted.

56. In section 263, for the words "Bench of Magistrates", th" words "Bench of Judicial Magistrates" and for the words "the State Government", the words "the High Court" shall be substituted.

57. I'n sub-section (2) of section 265, for the words "The State Government may authorise any Bench of Magistrates", the words "The State Government, in consultation with the High Court, may authorise any Bench of Judicial Magistrates" shall be substituted.

58. In sub-sections (1) and (2) of section 269, after the words '"^tate Government", the words "in consultation with the High Court" shall be inserted.

59. In section 337, in sub-section (I),—

(i) in the opening paragraph, for the words "a Presidency Magistrate, a Sub-divisional Magistrate", the words "the Chief Judicial Magistrate" shall be substituted;

(u) for the proviso, the following proviso shall be substitut- ed, namely: —

"Provided that where the offence is under inquiry or trial, no Magistrate of the first class other than the Chief Judicial Magistrate shall exercise the power hereby confer- red unless he is the Magistrate making the inquiry or holding the trial, and, where the offence is under investigation, no Magistrate of th" Hr f clnps other than the District Magistrate nr the Chief Judicial Magistrate shall exercise the power un- less he is the Judicial Magistrate having jurisdiction in a place where the offence might be inquired into or tried and the sanction of the Chief Judicial Magistrate has been ob- tained to the exercise thereof.".

60. in section 338, for the words "District Magistrate", the words "Chief Judicial Magistrate" shall be substituted.

61. I'n sub-section (I) of section 346, after the words "District Magistrate", the words "or the Chief Judicial Magistrate, as the casff may be," shall be inserted.

62. In section 349,—

(I) in sub-section (I),—

(a) for the words "a Magistrate of the second or third class", the words "a Judicial Magistrate of the second class" shall be substituted; and

(b) for the words "District Magistrate or Sub-divisional Magistrate", the words "Chief Judicial Magistrate" shall be substituted; and

(li) in sub-section (2A), for the words "District Magistrate or Sub-divisional Magistrate", the words "Chief Judicial Magis- trate" shall be substituted.

(8. For section 373, the following section shall be substituted,

namely: —

"373. In cases tried by the Court of Session, the Court shall forward a copy of its finding and sentence (if any) to the Dis- trict Magistrate and the Chief Judicial Magistrate within the local limits of whose jurisdiction the trial was held.".

Court of session to send i;opy 0* finding and sen- tence to District Magistral and Chief Judicial Magis- trate.

64. In section 380, for the words "Magistrate of the first class or a Sub-divisional Magistrate", the words "Judicial Magistrate of the first class" shall be substituted.

fiB. For section 406A, the following sections shall be substituted,

namely: —

"406A. Any person aggrieved by an order refusing to accept or rejecting a surety under section 122 may appeal against such order,—

(a) if made by the District Magistrate or the Chief Judi-

cial Magistrate, to the Court of Session;

Appeal from order refusing to accept or reject- Ing a surety.

(b) if made by an Executive Magistrate other than the

District Magistrate, to the District Magistrate; and

(c)- if made by a Judicial Magistrate other than the

Chief Judicial Magistrate, to the Chief Judicial Magistrate.

406B. The District Magistrate or the Chief Judicial Magis- trate may transfer any appeal presented to him under section 406A to an Additional District Magistrate or to the Additional Chief Judicial Magistrate, as the case may be, and such Additional District Magistrate or Additional Chief Judicial Magistrate may hear and dispose of the appeal.".

Transfer of appeal to Addi- tional District Magistrate or to Additional Chie* Judicial Magis- trate.

66. In section 407 which applies o'nly to the Union territory of the Laccadive, Minicoy and Amin'divi Islands,—

(i) for the words "District Magistrate", wherever they oCciir, the words "Chief Judicial Magistrate" shall be substituted;

(ii) in sub-section ( i ), for the words "Magistrate of the second or third class", the words "Judicial Magistrate of the second class" shall be substituted;

(Hi) in sub-section (2), for the words "Magistrate of. the first class", the words "Judicial Magistrate of the first class" shall be substituted.

67. In section 408,—

(i) as it applies to any Union territory other than- the Union territory of the Laccadive, Minicoy and Amindivi Islands, for the words and figures "a District Magistrate or any other Magis- trate, or any person sentenced under section 349 or in respect ot whom an order has been made or a sentence has been passed un- der section 380 by any Magistrate", the words and .figures "or a Judicial Magistrate or any person sentenced under section 349 or in respect of whom an order has been made or a sentence has been passed under section 380 by a Judicial Magistrate" shall ba substituted.

(ii) as it applies to the Union territory of the Laccadive, Minicoy and Amindivi Islands, for the words and figures "a Dis- trict Magistrate or other Magistrate of the first class, or any per- son sentenced under section 349 or in respect of whom an order has been made or a sentence has been passed under section 380 by any Magistrate", the words and figures "or a Judicial Magis- trate of the first class or any person sentenced under section 349 or in respect of whom an order has been made or a sentence haa been passed under section 380 by a Judicial Magistrate" shall be substituted

68. In section 409 —

(a) as it applies to the Union territory of the Laccadive, Minicoy and Amindivi Islands, in the proviso, for the words "State Government", the words "State Government, in consulta- tion with the High Court," shall be substituted;

(b) as it applies to the Union territories other than the Union territory of the Laccadive, Mimcoy and Amindivi Islands,—

(i) in the proviso to sub-section (2), the words "or third" shall be omitted; and

(ii) in sub-section (2), for the words "State Govern- ment", the words "State Government, in consultation with the High Court," shall be substituted.

69. In section 412, for the words "Magistrate of the first class", the words "Judicial Magistrate of the first class" shall be substituted.

70. In section 413, for the words "or District Magistrate or other Magistrate", the words "or Chief Judicial Magistrate or other Judicial Magistrate" shall be substituted

71. In sub-section (1) of section 425, for the words "District Magistrate", wherever they occur, the words "Chief Judicial Magis- trate" shall be substituted, and the words "and a copy thereof shall be forwarded to the District Magistrate" shall be inserted at the end.

72. In sub-section (1) of section 428, for the word "Magistrate", wherever it occurs, the words "Judicial Magistrate" shall be substitu- ted.

73. For section 435, the following section shall be substituted, namely:—

Power to call for records of inferior Courts.

"435. (I) The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within the local limits of its or his juris- diction and any Chief Judicial Magistrate may call for and exa- mine the record of any proceedings before any Judicial Magistrate under his jurisdiction for the purpose of satisfying itself or him- self as to the correctness, legality or propriety of any finding, sen- tence or order recorded or passed, and as to the regularity of any procssdinfls of such inferior Court or such Magistrate, as the case may be, and may, when calling for such record, direct that the execution of any sentence or order be suspended and, if the ac- cused is in confinement, that he be released on bail or on his own bond pending the examination of the record.

HFC 2] Tltfi GA2ETTF " " "" l I P AOH0TNAI17 1638/2C)

(Z> The District Magistrate or any Sub-divisional Magistrate empowered by the State Government in this behalf, may call for and examine the record oi any proceeding before any Subordi- nate Executive Magistrate for the purpose of satisfying himself as to the correctness, legality or propriety of any order recorded or passed, and as to the regularity o± any proceedings of such Sub- ordinate Magistrate and may, when calling for such record, direct that the execution of any order be suspended and, if the person is in confinement, that he be released on bail or on his own bond pending the examination of the record.

(3) If any Sub-divisional Magistrate acting under sub-section (2) considers that any such proceeding or order is illegal or im- proper or that any such proceeding is irregular, ho shall forward the record, with such remarks thereon at: he thinks fit, to the District Magistrate.

(4) The High Court may call for and examine the record of any proceeding under section 118, 122, 143, 144 or 145, notwith- standing the fact that such proceeding was before an Executive Magistrate.

(5) If an application in respect of any proceeding before any Judicial Magistrate other than the Chief Judicial Magistrate has been made under sub-section (1) either to the Sessions Judge, or the Chief Judicial Magistrate, no further application shall be entertained by the other of them and if an application in respect of any proceeding before any Executive Magistrate has been made to the Sessions Judge under sub-section (1) or to the Dis- trict Magistrate under sub-section (2), no further application shall be entertained by the other of them.".

74. Section 436 shall be re-numbered as sub-sectiu'n (1) thereof and—

(i) in sub-section (1) as so re-numr-ercd—

(a) for the words "District Magistrate", wherever they occur, the words "Chief Judicial Magistrate" shall be substi- tuted;

(b) in the proviso, for the word "section", the word "sub- section" shall be substituted;

(ii) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely: —

" (2) On examining any record under section 435 or otherwise, the District Magistrate may direct any Sub-divi-

sional Magistrate by himself or by any other Magistrate sub- ordinate to him to make, and the Sub-divisional Magistrate may himself make or direct any Subordinate Magistrate to make further inquiry into any proceeding in which an order of release or discharge has been made under section 119:

Provided that no District Magistrate shall make any di- rection under this sub-section for further inquiry into the case of any person who has been released or discharged un- less such person has had an opportunity of showing cause why such direction should not be made.".

75. In section 437, for the words "District Magistrate", wherever they occur, the words "Chief Judicial Magistrate" shall be substitut- ed.

76. In section 438,—

(i) in sub-section (1), for the words "District Magistrate", the words "Chief Judicial Magistrate" shall be substituted; and

(ii) after sub-section (2), the following sub-section shall be inserted, namely: —

"(3) The District Magistrate, on examining under sec- tion 435 or otherwise the record of any proceeding,—

(a) shall, if such proceeding is in respect of an order under section 118, 122, 143, 144 or 145 and if he thinks that the order made in such proceeding should be re- versed or altered, report for the orders of the High Court the result of such examination;

(b) may, if such proceeding is in respect of an order made under any other section, exercise, subject to the provisions of sub-section (2) of section 436, any of the powers conferred on a Court of appeal by sections 423, 426, 427 and 428.".

77. In sub-section (3) of section 439, for the words "a Magistrate of the first class", the words "a Judicial Magistrate of the first class" shall be substituted.

78. In section 479, for the words "Presidency Magistrate, District Magistrate or other Magistrate", the words "Chief Judicial Magis- trate or any other Judicial Magistrate" shall be substituted.

79. In sub-section (2) of section 488, for the words "District Ma- gistrate, a Presidency Magistrate, a Sub-divisional Magistrate sr a Magistrate", the wortis "Chief Judicial Magistrate or any other judi- cial Magistrate" shall be substituted.

80. In sub-section (2) of section 512, for the words "any Magls trate of the first class", the words "any Judicial Magistrate of th( first class" shall be substituted.

81. For section 515, the following section shall be substituted namely: —

"515. All orders under section 514 shall be appealable—

(i) to the District Magistrate, if passed by an Execu tive Magistrate; and

Appeal from, and revision of, order* under sec- tion 514.

(ii) to the Chief Judicial Magistrate, if passed by a Judi cial Magistrate,

or if not so appealed, may be revised by the District Magistral or, as the case may be, by the Chief Judicial Magistrate.".

82. In section 524,—

(i) in sub-section (2), for the words "a Magistrate of tht first class", the "words "an Executive Magistrate of the first class' shall be substituted; and

(ii) in sub-section (2), for the words "to the Court to which appeals against sentences of the Court passing such order would lie", the words "to the Sessions Judge" shall be substituted.

83. In section 528,—

(r) in sub-section (2),—

(a) for the marginal heading, the following marginal heading shall be substituted, namely: —

"Chief Judicial Magistrate may withdraw or refer cases."; and"

(b) for the words "Any Chief Presidency Magistrate, District Magistrate or Sub-divisional Magistrate", the words "The Chief Judicial Magistrate" shall be substituted; and

(ii) after sub-section (2), the following sub-eections shall be inserted, namely: —

" (2A) The State Government, In consultation with the High Court, may authorise the Chief Judicial Magistrate to withdraw from any Magistrate subordinate to him either such classes of cases as he thinks proper, or particular class- es of cases.

Power to authorise Chief Judicial Magistrate to with- draw classes of casoi.

District Magistrate may with- draw or refer cases.

(2B) Any District Magistrate may withdraw any case from, 01 recall any case which he has made over to, anv Magistrate subordinate to him, and may inquire into such case himself, or refer it for inquiry to any other such Magis- trate competent to inquire into the same.".

84. In sub-section (2) of section 559, for the words "the Chief Pre- sidency Magistrate in a Presidency-town, and the District Magis- trate outside such towns", the words "the Chief Judicial Magistrate in the case of Judicial Magistrates and the District Magistrate in the case of Executive Magistrates" shall be substituted.

85. In section 561, for the words "a Chief Presidency Magistrate or District Magistrate", wherever they occur, the words "a Chief Judicial Magistrate" shall be substituted.

f!6. In the proviso to sub-section (I) of section 562,—

(i) for the words "Magistrate? of the third class, or a Magis- trate of the second class not specially empowered by the State Government", tho words "Judicial Magistrate of the second class not specially empowered by the State Government in consulta- tion with the High Court" shall be substituted; and

(ii) for the words "Magistrate of the first class or Sub-dl visional Magistrate", the words "Judicial Magistrate of the first class" shall be substituted,

87. In section 565,—

(t) in sub-section (1), for the words "Presidency Magistrate, District Magistrate, Sub-divisional Magistrate or Magistrate", the words "Chief Judicial Magistrate or any other Judicial Magis- trate" shall be substituted;

(ii) in sab-section (3), after the words "State Government". the words, "in consultation with the High Court," shall be in- serted; and

(Hi) in sub-section (5), for the word "Magistrate", the words "Judicial Magistrate" shall be substituted.

88. In Schedule II, in column 8 ,~

(i) for the word "Magistrate", wherever it occurs except in the expression "Presidency Magistrate", the words "Judicial Magistrate", and for the words "Any Magistrate", wherever thev occur, the words "Any Judicial Magistrate" shall be substituted,

(til for the entry against section 124A. the following entry shall be substituted, namely:—-

"Court of Session, Chief Judicial Magistrate or any other Judicial Magistrate of the first class specially empowered by

SEC. 2] THE GAZETTE O?r TTTrVTA V - ^ T} AOTflTTN"ARY ifi^S'^^

the State Government, in consultation with the High Court, in that benalf."; and

(Hi) in the entry relating to section 376, for the wcrds "Chipf Presidency Magistrate or District Magisttate", the words "or Chief Judicial Magistrate" shall be substituted,

89. For Schedules III and IV, the following Schedules shall be substituted, namely: —

"SCHEDULE III

(Sec section 36)

ORDINARY POWERS OF STATE MAGISTRATES

I.—Ordinary powers of a Judicial Magistrate of the second class

(1) Power to arrest or direct the arrest of, and to commit to cus- tody, a person committing an offence in his presence, section 64.

(2) Power to arrest, or direct the arrest In his presence of, on offender, section 65.

(3) Power to endorse a warrant, or to order the removal of an accused person arrested under a warrant, sections 83, 84 and 88.

(41 Power to Issue proclamations in cases judicially before him, section 87.

(5) Power to attach and sell property and to dispose of claims or obiections to attachpd property, section 88.

(6) Power to restore attached property, section 89.

(71 Power to require search to be made for letters and telegrams, section 95.

(81 Power to Issuft search warrant section 90,

(9) Power to endorse a search warrant and order delivery of thing found, flection 99.

(10) Power to order the police to investigate an offence In cases In which the Magistrate has jurisdiction to try or commit for trial section 155.

(11) Power to authorise detention, not being detention In the ens- today of the police, of a person during a police investigation, section 167.

(12) Power to postpone issue of process and to Inquire into a case or direct investigation, section 202.

113) Power to detain an offender found In Court, section 351.

(14) Power to issue commission for examination of witness, sec- tions 503. 506.

(15) Power to recover forfeited bond for appearance before Magis- trate's Court, section 514, and to require fresh security, section 514A.

(16) Power to make order as to custody and disposal of property pending Inquiry or trial, section 516A.

(17) Power to make order as to disposal of property, section 517.

(18) Power to sell property of a suspected character, section 525.

(19) Power to require affidavit In support of application, section 539A.

(20) Power to make local inspection, section 539B.

II.—Ordinary powers of a Judicial Magistrate of the first class

(1) The ordinary powers of a Judicial Magistrate of the second class.

(2) Power to direct warrant to landholders, section 78.

(3) Power to issue search warrant, otherwise than in due course of an inquiry, section 98.

(4) Power to Issue search warrant for discovery of persons wrong fully confined, section 100.

(5) Power to require execution of a bond, section 106.

(6) Power to discharge sureties, section 126A.

(7) Power to record statements and confessions during a police investigation, section 164.

(8) Power to authorise detention of a person in the custody of the police during a police Investigation, section 167.

(9) Power to commit for trial, section 206.

(10) Power to stop proceedings when no complainant, section 249.

(11) Power to tender pardon to accomplice during inquiry into case by himself, section 337.

(12) Power to make orders of maintenance, sections 488 and 489.

(13) Power to recall case made over by him to another Magis- trate, section 528(4).

H4) Power fo make order as to first offenders, section 562.

(15) Power to order released convicts to notify residence, section 565.

r/J.—Ordinary powers 0/ a Chiej Judicial Magistrate

(1) The ordinary powers of a Judicial Magistrate of the first class.

(2) Power to try juvenile offenders, section 29B.

(3) Power to require delivery of letters, telegrams, etc., section "5.

(4) Power to issue search warrants for documents in custody of postal or telegraph authorities, section 96.

(5) Power to release persons imprisoned for failure to give secu- rity under section 106, section 124.

(6) Power to cancel any bond for keeping the peace under sec- tion 106, section 125.

(7) Power to order police investigation into a cognizable case, section 156.

(8) Power to issue process for a person within local jurisdiction who has committed an offence outside the local jurisdiction, section 186.

'

(9) Power to entertain complaints, section 190.

(10) Power to receive police reports, section 190.

(11) Power to entertain cases without complaint, section 190.

(12) Power to transfer cases to a Subordinate Magistrate, section 192.

(13) Power to order preliminary Investigation by a police officer not below the rank of an Inspector In certain cases, section 196B.

(14) Power to try summarily, section 260.

(15) Power 'to tender pardon to accomplice at any stage of a case, section 337.

(16) Power to pass sentence on proceedings recorded by a Subor- dinate Magistrate, section 349.

(17) Power to hear appeals from orders of Judicial Magistrates refusing to accept or rejecting sureties, section 406A.

(18) Power to call for records, section 435.

(19) Power to order inquiry, section 436.

(20) Power to order commitment, section 437.

(21) Power to report case to High Court, section 438.

(22) Power to hear appeals from or revise orders passed under section 01% section oio.

(23) Power to withdraw cases and to try or refer them for trial, secuuii 52tJ.

IV.—Ordinary powers oj an Executive Magistrate oj the second class

(1) Power to ariest or direct the airest of, and to commit to custody, a person committing an offence in his presence, section 64.

(2) Power to arrest, or direct the arrest in his presence of, an oflender, section 65.

(3) Power to endorse a warrant, or to order the removal of an accused person arrested under warrant, sections 83, 84 and 86.

(4) Power to issue pioclamationsf section 87.

(5) Power to attach and sell property, section 88.

(6) Power to restore attached property, section 89.

(7) Power to require search to be made for letters and telegrams, •ectiori 95.

(8) Power to issue search warrants, section 96.

(9) Power to endorse a search warrant and order delivery of thing found, section 99.

(10) Power to command unlawful assembly to disperse, section 127.

(11) Power to use civil force to disperse unlawful assembly, sec- tion 1:13.

(12) Power to require military force to be used to disperse un- lawful assembly, section 130.

(13) Power to authorise detention not being detention in the cus- tody of the police, of a person during a ponce investigation, j^cUan X67.

(14) Power to take evidence on commission, section 50S.

(15) Power to recover forfeited bond for appearance before Ma- gistrate's Court, section 514 and to require fresh security, section 514A

(16) Power to make order as to disposal of property, section 517.

(17) Power to sell property of a suspected character, section 525.

V.—Ordinary powers of an Executive Magistrate of the first class

(1) The ordinary powers of an Executive Magistrate of the second class,

(2) Power to issue search warrant otherwise than In course ot an inquiry, section 96.

(3) Power to i&sue search warrant for discovery of persons wrong tulJy confined, section 100.

(4) Power to require security to keep the peace, section 107.

(5) Powei to require security for good behaviour, section 1UU, (ti> Power to dischaige sureties, section 126A.

0) Power to make orders as to local nuisances, section 133.

(b) Power to make orders, etc., in possession cases, sections 145, 146 and 147.

(y) Power to au'lhoi lse detention of a person in the custody ol the pol.ee during a police investigation, section 167.

(10) Power to hold inqutsla, section 174.

VI.—Ordinary powers oj a Sub-divisional Magistrate

(1) The ordinary powers of an Executive Magistrate of the first class,

{2) Power to direct warrants to landnolders, section 78.

(3) Powei to require security for good behaviour, section 110.

(4) Power to make orders prohibiting repetitions of nuisances, section 143.

(5) Power to make orders under S^LUHI 144,

(6) Power to depute Subordinate Executive Magistrate to make local Inquiry, section 148.

(7) Power to issue process fox person within local jurisdiction who lias committed an offence outside the local jurisdiction, section 186.

(8) Power to sell property alleged or suspected to have been stolen, etc., section 524.

VII.—Ordinary powers of a District Magistrate

(1) The ordinary powers of a Sub-divisional Magistrate.

(2) Power to require delivery of letters, telegrams, etc., section 95.

(3) Power to issue search warrants for documents in custody oi' postal or telegraph authorities, section 96,

(4) Power to require security for good behaviour, section 103.

(5) Power to discharge persons bound to keep the peace or to be of good behaviour under section 118, section 124.

(6) Power to cancel bond for keeping the peace or to be of good behaviour under bection 118, section 125.

(7) Power to order preliminary investigation by police oflicer not below the rank of Inspector in certain cases, section 196B.

(8) Power to tender pardon to accomplice at the stage of investi- gation, section 337.

(9) Power to hear appeals from orders of Executive Magistrate* refusing to accept or rejecting sureties, section 406A!

(10) Power to call for and examine records, section 435(2).

(11) Power to direct Executive Magistrate to make further in- quiry into proceedings, etc., section 436(2).

(12) Power to report case to High Court, section 438(3).

(13) Power to appoint person to be Public Prosecutor in particu- lar case," section 492 (2).

(14) Power to hear appeals from or revise orders passed under sec- tion 514, section 515.

(15) Power to compel restoration of abducted female, section 552.

SCHEDULE IV

(See sections 37 and -38)

ADDITIONAL POWERS WITH WHICH STATE MAGISTRATE MAY BK

INVESTED

PART 1

A.—BY THE STATE GOVERNMENT IN CONSULTATION WITH THE

HIGH COUBT

Powers with which a Judicial Magistrate of the first class may be

invested

(1) Power to try juvenile offenders, section 29B.

(2) Power to issue process for person within local jurisdiction who has committed an offence outside the local jurisdiction, section 186.

(3) Power to take cognizance of offences upon complaint, section 190.

(4) Power to take cognizance of offences upon police reports, sec- tion 190.

(5) Power to take cognizance of offences without complaint, sec- tion 190.

(6) Power to try summarily, section 260.

(7) Power to try cases under section 124A of the Indian Penal Code.

Powers with which a Judicial Magistrate of the second class may

he invested

(1) Power to try juvenile offenders, section 29B.

(2) Power to record statements and confessions during a police investigation, section 164.

(3) Power to authorise detention of a person in the custody of the police during a police investigation, section 167,

(4) Power to take cognizance of offences upon complaint, section 190.

(5) Power to take cognizance of offences upon police reports, sec- tion 190.

(6) Power to take cognizance of offences without complaint sec- tion 190.

(7) Power to commit for trial, section 206.

(8) Power to make orders a.s to fu*st offenders, section 562.

B.—BY THE CHIEF JUDICIAL MAGISTRATE

Power* with which any Judicial Magistrate of the first class may be

invested

(1) Power to take cognizance of offences upon complaint, section 190.

(2) Power to take cognizance of offences upon police reports, aec- Uon J90.

(3) Power to transfer cases, section 192(2).

Powers with which any Judicial Magistrate of the second elass may

be invested-

(1) Power to take cognizance of offences upon complaint, section 190.

(2) Power to take cognizance of offences upon police reports, sec- tion 180

PART n

A . —BY STATK GOVERNMENT

Power t with which a Sub-d visional Magistrate may be invested,

Power to call for records of inferior courts and to forward thorn to the District Magistrate, sub-sections (2) and (3) of section 435.

Powers with which an Executive Magistrate of the first t'Ias.9 may be invested

(1) Power to require security for good behaviour in case of sedition, section 108.

(2) Power to require security for good behaviour, section 110.

(!J) Power to make orders prohibiting repetitions of nuissnces.

section 143.

(4) Power to make orders under section "J44.

(5) Power to record statements and confessions during a police Investigation, section 164.

C6) Power to issue process for person within local jurisdiction, who has committed an offence outside the local jurisdiction, section :86.

(7) Power to sell property alleged or suspected to have been stolen f etc, section 524,

Sic. 2] THE GAZETTE OK INDIA EXTRAORDINARY 1638/41

Powers with which an Executive Magistrate of the second class may

be invested

(1) Power to make orders prohibiting repetitions of nuisances, section 143.

(£) Power to make orders under section 144.

(3) Power to record statements and confessions during a police investigation, section 164.

(4) Power to authorise detention of a person in the custody of the police during a police investigation, section 167.

(5) Power to hold inquests, section 174.

B.—BY THE DISTRICT MAGISTRATE

Powers with which any Executive Magistrate of the first class may

be invested

(1) Power to make orders prohibiting repetitions of nuisances, section 143.

(2) Power to make orders under section 144.

Powers with which any Executive Magistrate 0/ the first class may

be invested

(1) Power to make orders prohibiting repetitions of nuisances, section 143.

(2) Power to make orders under section 144.

(3) Power to hold inquests, section 174.".

S. L. SHAKDHER,

Secretary.

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