REGISTERED No. D- ( D) -72 रजिस्ट्री सं ० डी-(डी ) -72
भारत का राजपत्र The Gazette of India
281
असाधारण
EXTRAORDINARY
3
भाग II-खण्ड 1
PART II-Section 1
प्राधिकार से प्रकाशित
PUBLISHED BY AUTHORITY
सं० 32]
नई दिल्ली, वृहस्पतिवार, जूम 5, 1980/ ज्येष्डा 15 , 1902
No. 32]
NEW DELHI, THURSDAY, JUNE 5, 1980 / JYAISTHA 15, 1902
इस भाग में भिन्न पृष्ठ संख्या दी जाती हैं जिससे कि यह अलग संकलन के रूप में रखा जा सके ।
Separate paging is given to this Part in order that it may be filed as a separate compilation
MINISTRY OF LAW , JUSTICE AND COMPANY AFFAIRS
(Legislative Department)
New Delhi , the 5th June , 1980 Jyaistha 15, 1902 ( Saka)
THE CODE OF CRIMINAL PROCEDURE ( ASSAM)
AMENDMENT ORDINANCE , 1980
No. 9 OF 1980
Promulgated by the President in the Thirty -first Year of the Republic of India .
An Ordinance further to amend the Code of Criminal Procedure, 1973, in its application to the State of Assam .
WHEREAS by a Proclamation issued on the 12th day of December , 1979 , by the President under article 356 of the Constitution, the powersers of the Legislature of the State of Assam have been declared to be exercisable by or under the authority of Parliament ;
AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which render it necessary for him to take immediate action;
NOW, THEREFORE, in exercise of the powers conferred by clause ( 1 ) of article 123 of the Constitution and of all other powers enabling him in
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[PART II-
that behalf, the President is pleased to promulgate the following Ordinance:-
1. ( 1 ) This Ordinance may be called the Code of Criminal Procedure (Assam) Amendment Ordinance , 1980.
(2) It extends to the whole of the State of Assam,
(3) It shall come into force at once ,
Short title; extent and com- mence- ment ,
2. During the period of operation of this Ordinance , the Code of Cri- minal Procedure , 1973, in its application to the State of Assam ( herein- after referred to as the principal Act ) , shall have effect subject to the amendments specified in sections 3 and 4.
Act 2 of 1974 to be amended tempora- rily.
3. In the principal Act, for sub - section (2 ) of section 45, the following sub- section shall be substituted , namely:-
Amend- ment of section 45.
' (2) The State Government may , by notification, direct that the provisions of sub -section ( 1 ) shall apply-
(a) to such class or category of the members of the Forces charged with the maintenance of public order, or
(b) to such class or category of other public servants [ not being persons to whom the provisions of sub-section ( 1 ) apply] charged with the maintenance of public order, as may be specified in the notification, wherever they may be serving , and thereupon the provisions of that sub- section shall apply as if for the expression "Central Government" occurring therein , the expression "State Government" were substituted.' .
4. In the principal Act , for sub- section (3) of section 197, the following sub- section shall be substituted, namely: -
Amend- ment of section 197,
' (3) The State Government may, by notification, direct that the provisions of sub- section (2 ) shall apply-
(a) to such class or category of the members of the Forces charged with the maintenance of public order , or
(b) to such class or category of other public servants [not being persons to whom the provisions of sub - section ( 1 ) or sub- section (2 ) apply] charged with the maintenance of public order, as may be specified in the notification , wherever they may be serving, and thereupon the provisions of sub-section ( 2 ) shall apply as if for the expression " Central Government" occurring therein, the expression "State Government " were substituted." .
N. SANJIVA REDDY,
Presitlent .
R. V. S. PERI SASTRI,
Secy. to the Govt. of India .
SEC . 1]
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CORRIGENDA
In the Banking Companies ( Acquisition and Transfer of Under- takings ) Ordinance , 1980 ( 3 of 1980 ) , as published in the Gazette of India, Extraordinary, Part II . Section 1 , dated the 15th April , 1980,-
(a) at page 193 , in line 5 from bottom, for " in satisfied " read " is satisfied" ;
(b) at page 197, in line 14, for " scurities " read " securities " ;
(c ) at page 200 , in line 4, for " person " read " persons" .
In the Essential Services Maintenance ( Maharashtra ) Ordinance , 1980 (6 of 1980) , as published in the Gazette of India , Extraordinary, Part II , Section 1 , dated the 12th May , 1980 ,-
(a) at page 226, in line 28 , for " cassation " read " cessation" ;
(b) at page 227 , in line 25, for " relate " read " relates " .
PRINTED BY THE GENERAL MANAGER , GOVERNMENT OF INDIA PRESS , MINTO ROAD NEW DELHI AND PUBLISHED BY THE CONTROLLER OF RUBLICATIONS , DELHI , 1980