~ ..

[ ..• , •• , ..•....

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.:y

fi<_

Goa, 28th Augus!. 1969 (Bhadra 6, 1891)

All correspondence referring to annoUn~ents and subscription of GovE:'rnment Gazette -must be addressed to its Administration office. Literary publications will be advertised free of charge provided tWR~ copies are offered.

Toda a correspond~ncia relativ8 a an1incios e A assi-natura do Boletim Oficial deve ser dirigida A Adminis-

I tra~o da ~Impren."s. Na.ciOnal.' As publlcacoes UterArias de que se receberem dois exemplares anunc1em-s.' ,I

gra,tuttamente. I

SERIES I No. 22 SUBSCRIPTION RA.TES - ASSINATURA

YEARLY, HALF-YEARLY QUARTERL), (Anual) (Semestral) (Trimestral

All 8 series } (As 3 s6ries) as. 40/- Rs. 24/- -;SI 'sa.

I Series &S. 20/- &S, 12/- Rs. 9/-II Series B.s. 16/- Rs. 10/- Rs. 8/

III Series Rs. W/- Rs. 12/- Rs. 9/-

Postage \8 to be add.ed when -deUuered bll mall­ACT'e8ce 0 porte quando remetido pelo con'eic>

VERNMENT . -AZEllE ·BOLETIM

GOVERNMENT OF INDIA

MINISTRY OF HEALTH & FAMILY PLANNING

& W. H. & LJ. D.

(Dep.art."ent of Heaith)

New Delhi, . q,ated the 17!7 / 69

Notification

In exercise of the powers conferred by sections 12 and 33 of the Drugs and Cosmetics Act,. 1940 (23 of 1940) the Central Government, after consul­tation with the Drugs Technical -Advisory Board, hereby makes the following rules further to amend the Drugs and COsmetics Rules, 1945, ,the same hav;ing been pr~viously published as required by the s!1,id sections, namely:-. ,

1. These ruleli Inay lie called the Drugs and Cos­metics .(Fourth Amendment) Rules, 1969.

2. In the Drugs and Cosmetics Rules, 1945, in· rule 65, in the 'Explanation' after clause (15) for sub-paragraphs (b) and (0) of paragraph (ii), the

. following shall be substituted, namely:-

"(b) is a registered pharmacist as defined . in the Pharma:cy Act, 1948.

Provided that in those States (including Union territories) where the first register of Pharmacists under section 29 of the said Act has not been prepared a person possessing qualifications to have his name entered in that register shall be deemed to bea qualified person till such time as that register is prepared.

(0) has not less than four years' practical experience of dispensing which is in the opinio!! of the licensing authority adequate and has' beE'll approved by that authority as a "qualified person" on or before the 30th September, 1969.

.. <' Sd/-

~ S. SRINWASAN .Dnde(Secretary.

OFICIAL GOVERNMENT' OF GOA, DAMAN

AND DIU

General Administration Department ;~

ORDER

14-22-69-GAD

The following orders "relating to' the State Em­blem of India" are hereby reproduced for general information and guidance.

By order and in the name of the Administrator of Goa, Daman and Diu.

D. V. Sawant, Under Secretary (Appointments).

Panaji, 2nd August, 1969. 11th Sravana, 1891.

Orders Relating to the State Emblem of India

I - State Emblem of India - .Description and Design

(1) The State Emblem of India is an adaptation from the Sarnath Lion Capital of Asoka which is preserved in the Sarnath Museum. The Lion Capital has four lions mounted back to back on a circular abacus. The frieze of the abacus is adorned with sculptures in high relief of an elephant, a galloping horse, a bull and a lion separated by intervening Dharma Chakras. The abacus rests on a bell-shaped lotus.

The profile of the Lion Capital showing three lions mounted on the abacus with a Dharma Chakra in the centre, a bull on the right and a galloping horse on the left, and outlines of Dharma Chakras on the extreme right and left has been adopted as the State Emblem of India. The bell-shaped lotus. has been omitted.

". The motto "Satyameva Jayate" - Truth alone triumphs-:- written -in Devanagari script below the profile of the Lion Capital ,is -part of the State Em-

(

440 ,SERIES 1 No. 22

blem of India. The motto is taken from the Mundaka (3) The demi-6fflcial stationery used by officers Upanishad, an ancient scripture. should be emboss,ed or printed in red colour except

where an officer ig spepifically authorised to use such NOTE: The State Emblem of India has referred stationery in some other c616iir~' Names of officers

to as the State Emblem, in the following should not be printed on such stationery. paragraphs. .

(4) The Members of Parliament may have the (2) For the accurate reproduction of the State State Emblem embossed or printed on their statio-

Emblem, two standard designs have been approved. "'nery. The colour to be used for the purpose'in the Prints of these designs are at APPENDICES I.and case of Members of the Lok Sabha is green and that II. Design I is in a simplified form and is intended for in the case of the Members of the Rajya Sabha i~red. reproduction in small sizes such as for ,use in statio-' Such stationery, when supplied by the Chief Con­nery, seals and die-printing. For' reproduction in troller of Printing and Stationery, does not contmn bigger sizes, only design II, which is more detailed, "the names or addresses of the Members. B.ut the should be used. 'Members may, at their discretion get such stationery, ,

All reproductions of the State Emblem should with their names and addresses, printed at private strictly conform to Design I or Design II. , presses approved for this purpose ,by the Government

photographic designs of the State Emqlem can be of India in the Ministry of Works, Housing and Supply.

obtained from the Manager, Photo Litho Wing, Go-vernment of India Press, New Delhi. (5) Where the stationery used by the Members of

Parliament, contains the State Emblem it should not Samples of standard dies' of the State Emblem b d l'k "Ad t S C t/H' h

can be obtained from the Office of the Chief Control- ear wor s 1 e voca e, upreme our Ig I f P . t' d St' N D lh' Court" and .. "Editor ......... Journal", below their er 0 rm mg an 'atlOnery, .ew e I. names in the letter heads.

11- Adoption by State Governments

, The State Emblem has been adofted by the Govern­ments of Assam, !3ihar, Gujarat, Maharashtra, Na­galanda, Rajasthan and West Bengal and has been incorporated in the Emblems adopted by the Go­vernments of Andhra Pradesh, Haryana, Kerala, Madhya Pradesh, Mysore, Orissa, Punjab and Tamil Nadu. The Governments and Administrations of all Union Territcries other than Himachal Pradesh and Chandlgach use the State Emblem. The Union Terri­tory of Chandigarh has incorporated the State Em­blem in the eniblemadopted by it.

III - Use in the Official Seals

The State Embiem is the official seal of India. The use of the State Emblem for official seal is restricted to the following:-

(i) President; (ii) Vice-President;

(iii) Union Ministers; (iv) Ministers and other Officers of the Central

Govermnent including Diplomatic Missions abroad; "

(v) Governors, Lieutenant Governors, Chief Commissioners and Administrators of Union Territories; and

(vi) Ministers and Departments and Offices of the State Governments and of Union Ter­ritory Governments and Administrations who have adopted the State Emblem.

Offices of Central Government permitted to use distinct emblems of their own may, however, use the same in their seals.

IV -: Use on Stationery

(1) Tbe State Emblem when printed or embossed on, demi-official stationery used by Ministers and Officers should appear on the top left hand corner., The lettering like "Home Minister" or "Ministry, of Home Affairs" should appear on the top right hand corlier.

(2) The demi"ofricial stationery used by Ministers should be einbossed or printed in blue.

V - Design of Official Seal

(1) The designs of the brass seals and rubber stamps consist of the 'State Enibleni enclosed in oval frame of adequate thickness. The name of the Mi­nistry or Office should appear between the inner and outer rims of the frame. The abbreviated forms of names of Ministries/Offices may be inscribed where it is not possible to accommodate the names, in fulL

(2) Offices/Officers already permitted to use round' shaped brass, seals may however continue to use them. Round shaped rubber stamps may be used by-

(i) IndianMissions/Posts abroad; (ii) Ministry of External Affairs for' special

purposes slich as on Passports, diploma~ic identity cards, visas or entry permits. The

round shaped embossing machine eonsisting of State Emblem is also being used by pass­port authorities in India and abroad; and

(iil) Ministries of the Government of India on communications addressed to Indian Mis­sions/Posts abroad. '

VI - Display on Vehides

(1) The State Emblem may be displayed on­(i) Vehicles of Rashtrapati Bhavan; (ii) Cars of Vice-President; (iii) Vehicles of Raj Bhavans; (iv) Vehicles of Raj Niwases; (v) Cars and other means of transport used by

the Heads of India's Diplomatic Missions in the countries of their accredition; and

(vi) On the cars and other means of 'transport used by the Heads of India's Consular Posts in the countries and usages of the countries concerned.

(2) Triangnlar metal plaques showing the Ashoka Chakra (Le. :Qharma Chakra'which is a part of the State Emblem) may,. be ,used' on the cars of-

Cafiinet Ministers of' the Union; Ministers of State of the bnion;

A

.. ".'," -~>

~"

'-.''.'," p

l,·,.··,,··.'· c

/

~8TH AUGUST, 1969 (BHADRA 6, 1891) 441 ----~-----~------

Speaker and Deputy Speaker 'of Lok Sabha; Deputy Chair:man of R,ajya iiabha; Cabinet Ministers in States;

" Ministers of State in States; Speakers and Deputy Speakers of State Legis­

lative Assemblies; Chairmen and Deputy Chairmen of State i.e",

gislative Councils; Chief Commissioners and Ministers (other than

Deputy Ministers) of Union Territories with, legislatures; and

Speakers and Deputy Speakers of Legislative , Assemblies in Union Territories.

VII - Display on Public Buildings

,(1) The State Emblem may be displayed only on every important public buildings like the Rashtrapati Bhavan, Raj Bhavan, Raj Niwases, Supreme Court, High Courts, Central Secretariat, ,Parliament· House, State/Union Territory Secretariats and Legislatures.

(2) The State Emblem may be displayed on the premises of India's Diplomatic Missions abroad. The Heads of Missions may display the State Emblem at their residences.

(3) The State :Emblem may be displayed on the buildings occupied by India's Consulates abroad at the entrance doors thereof and on the residences of Heads of Consular posts subject to the laws, regula­tionsand usages of the receiving State.

VIII- Use tor various other purposes

The State Emblem may be used on-(1) Publications issued and films produced by

Government; (ii) Coins, currency notes, promissory notes

and postal stamps with such modifications , as may be considered necessary by the

Mint or the Press; (iii) Medals and Sanads instituted by Govern­

mEmt; . (iv) ,Invitation cards for State functions;

(v) New Year and Greeting Cards sent by offi­cers of Indian Missions abroad for legiti­mate representational purpose;

(vi) Representational Glassware Crockery and Cutlery used 'at the Rashtrapati Bhavan, Raj Bhavans, Raj Niwases and Indian Mis­sions/Posts abroad; and

(vii) Badges, collars, buttons, etc., of uniforms of Police Excise Constabulary, etc., which carried, before adoption of this Emblem, the old Coat-of-Arms or Crown; Uniforms of various categories of Class IV staff of Rashtrapati Bhavan; uniforms of Class IV staff of the Indian Missions/Posts abroad.

IX - Use by the Armed Forces Personnel )

The use of the State Emblem on the uniforms, badges, etc. of the Armed Forces shall be governed by the instructions laid down by the Ministry of De­fence in this behalf.

~-. X -'Use for' Edu,atlo,ral ,purposes

(1) The State Emblem may be printed' j'n school text boks, books on history, art or culture or in any

, . periodical as part of the text of a Chapter, Section etc., for the purpose of explaining or illustrating the origin, significance or adoption of the State Em­blem.

NOTE: - The Stale Emblem shall not be used on the front page, title or cover of any, publication except a Government publi­cation.

XI - General"

(1) The State Emblem shall not be used for any . trade, business, calling or profession or in the title of any patent, or in any trade mark or design except in such cases and under such conditions as may be prescribed by the Central Government under Sec­tion 3 of The Emblems and Names (Prevention of Improper, Use) Act, 1950. Unauthorised use of the Emblem for such purposes is an offence under that Act.

(2) Private persons, bodies of persons, sports associations, etc., are not permitted to use the State

,Emblem on their letter heads, seats, crests, badges, house flags or for any other purpose except with the, permission of the Goverrunent. ,

APPENDIX-I

442 SERIES I No. 21!

·APPENDIX-ll The Union Territories· (Separation of Judicial and Executive

Special Department

Corrigendum

OSD/RIRVS/46/67

In the Schedule attached to the Notification of even number dated .22nd January, 1968, published in Government Gazette, Series I, No_ 49 dated 7th March, 1968, against the post of Guards appearing at Serial No. 2 for the pay scale of Rs. 95-3-110 In column 4, .read: "Rs. 70-1-80-EB-1-85".

D. V. Sawant, Under Secretary (Appointments).

Panaji, 18th August, 1969. 27th Sravana, 1891.

Gee

Law and Judicial Department

Notification

LD/2!N/26/69

The Union Territories (Separation of Judicial and Executive Functions) Act, 1969 which was recently passed by the Parliament and: assented to by the President of India on 31-5-1969 is hereby published for· general information of the public.

M. So Barkar" Und~ ,Secretary (Law).

Pal1aji, 22nd July,1969.

Oi!.

functionsl Act, 1969

AN

ACT

to provide for the separation of judicial andexecu-tive functions in Union territories. ,.

Be it enacted by Parliament in the Twentieth Year of the Republic of India as follows: -

1. Short title, extent and· commencement. - {1) This Act may be called the Union Territories (Sepa­ration of Judicial and Executive Functions) Act, 1969.

(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 extends on such date as the Central Govern-ment may, by notification in the Official Gaiette, :;;) appoint in respect thereof:

. Provided that different dates may be appointed for different areas in a Union territory and anyrefe­rence to the commencement of this 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.

2. Definition.-In sections 3 to 9, "Union territory" means any Union territory other than the Union territory of Chandigarh.

3. Amendments to Code of Criminal Procedure, 1898. - For the purpose .of 5 of 1898. separation of judicial and executive func- <

tions, the Code of Criminal Procedure, 1898, shall, in its application to a Union territory, be amended in the manner and to the extent specified.in the Schedule.

4. Amendments not to render invalid notifications, etc., before commencement of Act. - The. provisions. of this Act which amend: the Code of Criminal Pro­cedure,189B, so· as to alter the manner in ·5 of 1898. which, the authority by which, or the law . under or in accordance with which, any powers are exercisablE:', shall riot render invalid any notification, order, commit-ment, attachment; bye-law, rule or regu-la tion 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 regula,tion or thing may be revo-ked, varied or undone in the like manner, to the like extent and in the like circums-tances, 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 appli-cable to such case.

5. Functions exercisable by Judicial and Executive Magistrates. - Where under any law the functions exercisable by a Magistrate relate to matters which in­volve the appreciation Or' sifting of

I.··.··.·· • ~j: --'-

28TH AUGUST, 1969 (BHADRA 6, 1891)

evidence or the formulation. of any decision which exposes any person 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 Pro­·ce!1ure, 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 withdrawing from a prosecution, they shall, subject ·as aforesaid, be exercisable by an Exe-·cutive Magistrate.. .

6. Repeal of laws in transferred areas in Himachal Pradesh. -,- On the commen­cement of this Act in the transferred areas in the Union territory of Himachal

5 of 1$8.

.. Pradesh, the Punjab Separation of Judi- Punjab Act cial and Executive Functions Act,196~,' 25 of 1964. and the Code of Criminal Procedure, 1898, 5 of 1898. as in force immediately before such commencement in the said areas shall stand repealed except as respects things done or omitted to be done before such repeal under the 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 such repeal as if 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.

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

10 of 1897.

81 of 1966.

7. Saving. - (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 acquired, accrued or incurred before such commencement;

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

(d) a'.'y investigation, legal proceeding or r~med:y I~ .respect of such right, privilege, obliga­tIOn, liabIlity, penalty, forfeiture or punishment,

cand . any such investigat~on, legal pro--ceed~ng or remedy may be instituted, -contmued or enforced and any. such

penalty, forfeiture or punishment may be imposed in accordance with the provi­sions of this Act and the Code of Cri-minal Procedure, 1898, as amended' by . 5. of i898. this Act. .' .

(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 Procedure, 1898, as 5 ot l$8.

amended by this Act, stand on such com­mencementtransferred to the Magistrate or Court having jurisdiction under the provisions of the Code of Criminal Pro-cedure, 1898, as amended by this Act and shall be heard and disposed of by such Magistrate or Court and such Magistrate or Court shaH have all the powers and jurisdiction in respect thereof as if they had been. originally institituted before such Magistrate or in such Court, includ-ing the power of the succeeding Magis-trate under section 350 of the Code of Criminal Procedure, 1898.

8. Po~er to. re~o~e difficulties. - (1) If any diffi­cu~ty arIses m gIvmg effect to the provisions of thIS Act, the Central Government, in consultation with the High Court having jurisdiction in relation to the UJ?-ion t.errito:y concerned, may, by order, do anythmg (mcludmg the specification of the appropriate Magistrate, whether Judicial or Execu­t~ve, havi!lg jurisdiction under any law) not incon­SIstent WIth such provisions for the purpose of re­moving the difficulty:

Provided that no such order shall be ,mitde after the expiration of three years from the 'co!hlnence-ment of this Act. ..

Explanation. - In' this section "High ~urt" shall have the same mea'ning as . IJ?- clause W of sub-section (1) of sec­tIon 4 of the Code of Criminal Proce, dure, 1898. "" of 1891.

(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. Power of Legislative Assembly of Union territOry to amend this Act. - Not­~ithstanding anything contail;Ied in sec- . hon 21 of the Government of Union Ter-ritories Act, 1963; the Legislative As- 20 of .1966. sembly o~ a Uliion territory may by law amend thIS Act in its application to that Union territory. .

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:-

."6. Classes of Criminal Courts. ~ Besides the HIgh Court and the C9urts 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.

~l. - Glasses of -Magistrates

6A. C~~ of Mitgistrates. - Ther~~hall be the follOWing clasf\es pf Magistrates, namely: -.

1. Judicial Magistrates: (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-divisiomil Magistrates. -(3) Ex~cutive Magistrates of the first

class. (4) Executive Magistrates of the second

class. (5) Special Executive Magistrates".

'. . . '

2. I1i~ection 7, for sub-sections (2) and (3), the foliowing: -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 Functions) Act, 1969 in that Union tel'ritory shall be sessions divisions and districts respectively, unless and until they are altered as provided in sub-sec­tion (2) ".

3. In section 9, -_ ,_ ,(i),in sub-section (1), after the words "sessiOlis 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 .. : 'Government"; 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 heading shall be substituted, namely: -"District Magistrate and Chief Judicial Ma­

gistrate." ; (ii) in -sub-section (1), for the words "a Magis­

trate", the words "an Executive Magistrate" shall be substituted; ,

(iii) in sub-section (2), for the words "any Magistrat~.of the first class", the words "any Executive Magistrate of the First Class" shall be

SERIES I No. 22:

s~bstituted and after that sub'section as so amend­ed, 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 Magistrate 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 consul~ tation with the High Court, appoint any Judi­cial Magistrate of the first class to be an Addi­tional Chief Judicial Magistrate and such Addi-­tional Chief Judicial MagistI:ate -shall have all or any of the powers of a Chief Judicial Magis­trate referred to in sub-section (2A) , as the­State Government may, in consultation with the· High Court, direct.";

(iv) for sub"section (3),- the follOwing sub-sec:" tion shall be substituted, namely: -:-

"(3) For the purposes of section 88, sub-sec­tion (6G), section 406B and section 528, sub-­-section (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 (6G), 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 fonowing section shall be substituted, namely: -, '

"12. Executive Magistrates and Judicial' Magis­trates • ...: (1) The, State Government may appoint as many persons as it thinks fit, besides the Dis­trict Magistrate, to be Executive Magistrates of the first or second class in any district, and the State Government or the DistrictM..agistrate, subject to the control 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 State Government, in consultation with ,the High Court,may confer on any person who

is a civil judge or a member of the Judicial Service of a Union territory Qr a group of such territories, the powers of any class of Judicial Magistrates in any district; and the State Government, in consul­tationwith 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 exercise 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, 1969, as it may think fit, appoint as many persons, who are members of a Civil Ser­vice in any UIlion territory or in any state and who are or have been exercising 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 Gorvermnent, in consulta­tion with .the High Court, may define local areas

-

•. ~.

( ..•.... : •... ;1

.@?Tlf,;A:{J(J:Wfi.f;18!-969 (BHADRA 6, 1891)

-' [wlthjrr"jVpi()1r' sucp;:pe!'®!1!U l)'lIliY i.e~e!,51is,El",'llill·s9H j' ,any.. Qf' tl),ePc>Weql;;},Vitljj ';W;hich',tljeYA1),IlYL x~pe,cJ

tively., be inv~te4:J!n4er,'t,his:Cpde: "S' ~:(': ',; 'e- ;;e)'i"

, (4) Excepta,s othe.~wise pr?vided by. any. ~uch ,;' deflilitionas 'is'referred to in 'sub-section' '(1) ;" (,2)

or (3), the jurisdictiob>a'rtdpowers'ofsttch persoris ,shall e~tend t!,:rq~g~ou,tl!lu,ch jii~t~?tl:'" ,," "" '.: _" ,.~ ";. :,<_: ,_ - _'; _ ,- t., o_,:} :t:,,~;..' ,'_': , __ , '!' __ " ";, .~ ::'~ __ ~"'_ .. d:.,.'-_~ . -! ",', ___ , -'

6; , Iii SiiJj1sllctlciiF(-t J' of 'iiectloi}';i3, 'for -tiis; \vord ~'Magistrate", "th~ ::words' :·"Executive:·'Magi:strate" $halLbe sJlbstituted. '.,"'-) ,,',:: ":,. ;~_~ ;';c,}" .:.-'S':,. ':',:-~,! ' .. ; ! ,_, '. ,'i

7. For section 14, th~\followirig:'sectiGh ;shall be ;jubstitut,ed. n.am,~ly.:':i! 'i ,",

;"'~h £'$' ,'i!wEi~titfve, lffii;~~tates~.: " ,T:he-:State ,0 dbverHJ:tit' rilayappoint' 'Execut~~e'Magls~rates

,~,l9r:p.~r~!cu.la:. ar.,~~,c>,-;~c>r.thepe;fC)t~atiif!,o{ par­",ti<;ula~' f1,1nlltionl3. mld:c0ll:~~~ .. ~n:~!~m sl\~~~, p?,wers .. as 'it deems"fit;S.tlch~'Ma:gr.strateS' sh'illLbe:'Calied

Spediil .. ·.Executivei Ma~istr3.U;S'. )incfl;shill be 'Cappointed forstlch!teI'm'as tM·State"Govemment -i!!may" by.!general or'speCial'OI'der,c:direct"~·"·'!!.' In [,'],:i i' _",-'~_'::'J r f ;"_';:'_:",'''';::.-, ;'.-'~:·'i-:-'~1 ,.~,-i_':: ;:_-:-r:. :--:':_:i:

8. For sub-section (1) of section 151 the 'foflowing

4~~;5ec,~jo~ ~h~ll:~e \ ~~~stitl!-t~d,h n,~~~l}{'is;( .. j y: wi :JBen\}hSsi?oFJuiliciltl. Magistritfusr' !~(l)"li'he -"State' GoVernment" 11·' 2dnsultatiorF!With fIle'.IHigh 'i COurt;:m-ay tlfrc'Cf!'ll.ny;:two) ot:'moredJudicill.rlMa­!)d glstfates fin' any' 'place,\ in 'a. 8Uniofi1terr-ltoryitO:-isit. J.'Wgeth~"!ias!-a BerrcW'and !IIiayiby-iof'der Ihvest!!\siich !, JBe'riilh!, \vith'\anyI ofUtlJ:e ip'oW'erscccnfett.edrior0!con­iJiferable bj of'iunderSthis' Cbde'-oir!iJ) Jndtcl'aIYMagis­. "tratlH>f;;fhe ,first or:'secorid,dass,candc;direct<}t::to

exer<;ise such pqWE).!',s .in S]lcl), cases, or ",suc!) , .. clas­"se,s':,bfCcllisesohtit.'.lin4' W'tliii). Siich'local,li;mits, as '·the'State"G6verhmehf;····'jri··'cohsillt'atibV'··witli··the :;;~~-~~ft :~~?jU~2,-~piIjfs;_~~.~t~:r:-; '~-: "/~ \. -... ~E~.~. <-::j .. :_~.J.~;' _ ~:~~~~:;~ ·~kiKrIrilsectioni,16, n:- :~]:.;t,_t~L';:' ;~T):;-,;..-!':- ');() "j(l \'!.1T

... ,:,.",;. ----'_" 'F';-!-"-i;-i'·~(c-:'-·\ ,-,cr-:· ~- ;- .-_'"r,,'1"",'-':::) !'~I"·-'H'·'':.' ·,cr·:-

;'o~r~~iici~t flt~r~nfJ:~~6fi~~e s1~;:1f~~~~~: '{fie 'Di~h%tjMiigistrllite"~:~Ii~:w:o~as "('Tlie'Il!gh ":'COurt! stibject'to'lfhi%ppro\'aJ! ofifhe' State GtlVern­"'IIiEmt", 'shalrbe:lstibstituted; ·'and·" ".''- .,,'

.. '(iOfo1' the:W:ordS"M.ttistrates'13~n~hes':.ilie "words"Jiidiciar Magistrates! '<Benches!'! shalF' be' 'i!substltu:tiid:',;, ,;: I' ,,,i" "," ".i.)c) .:,.,."

-::10, i:Fo:t !se'ctioil' ;17,' ,thecf<lUowingc sectionsshalisTbe :substituted, namely.; -'·'F. c:' '",' . __

,!j G '.~l:l' .,.I;!,y~ri!i.l!~t~9.11.1 oJr ,J\li\i.cial . M1tgis~ri':~, and ii'~D,'lh!l§)uj;os'i9Wll,ri,!U(1~"~\'J;~1im~,:~Jt4(;of r; (9h.iflf!I\1(li~ilt! i~gi!>!rn~s, :l!:l:l4 ,!\,~~~t i~'e§sjg~s .,):J1I,1!g~ L,W,":j\'ls~~9'!w L.,J:u,dgt·;.<j qkILJ,~qi~IaI

Magistrates appointed under sub-secti~ms. (~h!lJld ~ (3) of section 12 and all Benches constItuted under

",Section .15 shall,..llubject.. to, the .. contr.oLof I'the "Sess'icns~J~d'e' h,ts.uho~afu "te'lo,fhe,:Cme' "fit "

cial Magistra1e: anc:ltfite&fk.tudiClai''Kta:!Isl:r2te -ei:ni1-y) f'tofuLtime:'toctifl1eprllake rntes imfg.1v.e:special ;: '-Orders; 'conslstEil1t ;Witl1rithiw{GodEinas toHhecdis.tri­

bution'i(jf) bUsme'ss t !ifflong:csiieliuMagi&rateS'cand Benches. ' "

,d U('~ii' XitV:!il.1'ef'iridl&f:il ~i iQih{\;Wd?siia!{lh~J. L } g " ·''ilYy'""rr <'nr:::-~f' bordinltte to the Sessions Judge. -- "V~"""'" ,U0,-,","

-lJ'C,('f3) IWwhA'kiffl:afif3 Sess'ibt{lt ji\a't4:e~a'lP'b'e su--r'f)Oi-(fina~'1'tif'tli'e>'SeMi'lrliFiRl€li?@qnU*I¥BS<3etMt\rt

they. exercise jurisdi~tiljfi?aroolih~S~onl!().lWge

,

,,,jl}la,Yi,;fr~m:, Jim"rit9 ltim'l;s ,mltM-c\']llcsL ¢g)n;;ili\te\)ct . with this Code !l,sAQ itil..e,,4is.kripu,tiJ)n'· ;Qf."Qusine$8 among such Assistant Sessions' Judges. '

,iii ll(.~)' TlieSessions'jiI<lge"rt,aY:alsd/wlien'he'him-self is unavoidably. absent or'liYcaplible:'ofi-actliig;

, Illak~, pl;ovision for the disI\9sal of .'my., w~gent appU­:,! c~ti~m by an Additional <?r A~ist~t ~lls~i9ns Ju,~ge, .r "or .,If .there .. be nO,-Add,tJon"i or.A 'o"lstant: SeSlOlOIlS . ;:;;i;tidgec;by;Uie~ChIel!:j'" "eiil :M;t;Yslr~t~;.aiid;such ;~f.r{iilg~,:qF'M:agi~'tliat~,'~i.&'ive;j~risdictton;todeal ~~".,".,ltli," ',_:.> .. an,'y",,~su,'chd.~~i'pp-Itc~a'ti'·oh'.,'~.: ~(-. - -,,~ t._-,~a \- 0.0,-, <;<1;<»1.) ~(;·.:L,I. ~,;:J J,tf ,'"", ,,,;<">.+,,,J.,," .'.,,! )ib;-,:t TJiho ',fif:; '10

!!£ Cl1:A:~"Subiirdji\'iitiokdf E~eI;iitiv'il' Miii~tra:~:!­-nfl'i A:ll'iJljlte'euHV'e"Mi( C.iiffRt~!i.~8SU~nt~d"""aer .. ''' .. ,~" .'.' """',"""'"'' gJ.,1 ',,·,'0 "', PPm"', '" ""un, ','" ," lfub's~ctiOn" (l't'of''$ectibh'12' . see'tio'n '1$:3: <16'ec-

tion 14 shall be subordina't~"to: th~VD'istti~t'Mlikis­';0 t~l!tEl"'l!R9::!lYEl,y,,]j)~ec)J!,t~Ye')M;lIgij!.tr:llt¢ ',cpth,e,r![than -nlli §;;u!l:-#i)(i§iQJl.llil!Mltgi~traW) Cle;l<e.rqjsing PPweJ,'s. in 82!!i ~1J!>-<;)j,yi~i9n §!!IliUclll§9 ,j),e.~ql;>m!w.n:a.teito .the·$ub-

d' ,. 1 M . ". , 21,,· ,.lWfl10A!t" "JI!g1S,trltte;",S)!.YJ~,Gt, .,!J..oW~vel;i Writhe :ip,·generltlj ~01lt'Q19~"the,.D.istr.ic.tci!liagiatrate" j, ,:,

(2) The District Magistrate may., from 'time·)to !i1~~~ p;1,~IHH:uI!i~ ~L$!Y'O ~p.eci8;li'?5.~EjJ,'§l;jCo,l}~i,~tent r!l WcttlLWE

IS"R9,d1(i ,~li!J.j~o, .:f]Il, rl. 9fs, .~~1t~f~odi'?:;'Rft lJII-s,' 11l3.SS,

;:~~~,~~ ,£qX,~i\J~ii6ri~Zt~~~1~~:~~~~J{l~d\trCh~ ~~~1:~~{'~::~:iir!~;;,i:r~~~~~~hJ~lL ofses~i()il.~ CBiN&"oi" se'~fi6¥i" 'a:rt'd' < COrtriS" of Judicial and Executive Magistrates . shall l;le Cri­minal Courts inferior to the High C6!itnrnii'courts

'B:of' ,l;udi~ialu and .lj1~ecJ!tive,c:Magi~.tm,,1;es. Shl'ill be ! r "Q.l,iminaHiJol'.rts iiJf~'rioI1. tOetheeouJ.1; .0fSe!i\1!!Ql'\''''

11. For sub'section !l) Qf\SEC!!Ji8~2~)~~f~iIR~~g sub-section shall be substituted,' il'amllfy;' -'-- ': i

;;~OH~{ Sq~j~~tJg:tlj~,9t~ir:~ig'\ij~igllqf. tIil~j Code, any. offence under any. other law snail,' j:vh~n any.

'oCPw:J:As '!1~nti9n!'ld. in this l;lel!lli!finsu'ch'Hiw, be : tHed 'b'y. such Court;" . .,.. ..... .. , .. :.0 (;-'_'-c;; ". __ <~- _ ,",_, ' . _ . 'nil,; 'Provided, that if ·the Court so mentioned is a .. «i:Jout'Fspecified iilf'cOlumn:(1).! of, the·Table;b:'elow, • i'suchoffence' shall be tried' by. the Court of the

:'JudiCial'Magistrate specified agaillst it lin co-lumn (2) thereof; ','

;"';:.,

TABLE . ~ .

(1)

1: J?lstrict ,Magistr_~te . Ch:ief_ Ju~icial _M~~Is~~~te. ;{;:Maii~t~ate':Of :th~~,ftr~t ,cla~s, .-Judlciai -'Magfsti~te_ ·,-O~: .. fhe n",".". '.-.,,' -"",',',. - -,: first-class~

~;--_,S~Q:-diyis~o~al Magistrate -:',J ."; .'. -, 0;': , ,:..-; . ,

Judicial' Magistrate. :oi"' '-'the ',' '. first· class: -.

Judicia:! -Ma:gist~ate, of'i the 4.':~ '·M.-

2 'aC;'gl' as' ists'.r.~t. e '0. j:l. the ·S~. '.c. o.n,' d ..... · ... ' ... }' ..... '

5;-";-}4aglstratEL' 9f. the ttJ:lrd; _s~cQ~d : cl<\s~. ;;;. .:_ . , -.;.:;(~~s"L:.'<' .; ',' c:;_,-;':_f., ~ 6. _ Magistrate (except. i "I~~P._~J;~ ~, J~djci~l ¥~~~tr~te:~"~ ~' .. '. l"~:

it occurs in any expression . mentioned above).

!,);:; J '.;.:,;: . ,_ t; ,-;:j' 3':"-.:,:0:· iJ.: '.' l-~L.fl:;:.( .; u:.i·" <;!.: -·)~01J'j ,.:; J5 ';."~:' ",;/;::,},Ts,'[, ;,"',',':: l.:~·;l, ".:>," ';::"'- :_,:v,-r

12. In section 29B, for the words "a District.Magisf trate or a Chief Presidency. Magistrate,. or by. any. ~ateispE!cially,·;empoweI'e.d .tby. nth~,.State,;Go­v¢t'liment~;:jthe' Jw6fds "a" j€lUief 2JudiciaLMag'st1!~t.<} 'Or an.y,otii~IrUdiciaiMagistra.tesp~(jiallyetilP9We~m

\

446

by the State Government in consultation with the High Court" shall be substituted.

13. For section 3D, the following section shall be substituted, namely:-.

"30. Offences punishable with imprisonment not exceeding seven years. - 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 impri­'sonment for life or. with imprisonment for a term exceeding seven years:

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

Provided further that if any Judicial Magistrate ; .. ofthe ffrat class has, prior to his appointment. as . such Magistrate, exercised the powers of an Assis­

tant Session 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) in the marginal heading, for the word "Ma­'gistrates", the words "Judicial MagistrateS" shall be substituted;

(b) in sub-section (1), -

(i) in the opening sentence, before the word "Magistrates", 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 words "Courts of Judicial Magistrates of the first class" and in clause (b), for the words "Courtsof Magistrates" the words "Courts .of Judicial Magistrates" shall \le subS­tituted;

(iii) clause (c) shall be omitted; "

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

15. In sectien 33, in sub-section (1) ,-(i) in the marginal heading, for the word "Ma­

gistrates", the words "Judicial Magistrates" shall be substituted;

. (jii) in the opening paragraph, for the words "any Magistrate", the words "any Judicial Magis­trate" shall be substituted;

(iii) in the proviSO, in clause (b), for the words "by a Magistrate", the words "by a Judicial Ma­gistrate" shall be substituted.

16. In the marginal heading of section 34, for the word "District", the word "Judicial" shall be subS­titutcd.

17. In section 36,·after the words "District Magis­trates,", the words "Chief Judicial Magistrates," ;shall be inserted; and for the words "Magistrates of

SERIES INo.2f!

" the first, second and third classes", the words" Judi-cial and Executive Magistrates of the first and second .classes" shall be substituted.

18. For sections 37. and 38, the following sections Shall be substituted,namely: ~

"37. Additional' Powers conferable on Magis­trates. - III addition to the ordinary powers,-

. (i) the State Government,in consultation with. the High Court, may- inV!)st any Judicial Magistrate with any of the powers specified in Part IA of Schedule IV; .

(ii) a Chief Judicial Magistrate may invest any Judicial Magistrate within his local juris­diction with the powers specified in Part IE of Schedule IV; -

(iii) the State Go;ernment may,Jnve~t any­Executive Magistrate with any of the powers specified in Part IIA of ,Schedule IV; and

(iv) a District Magistrate may invest any F?<ecu~ve Magistrate within his local jurisdic­tion With the powers specified in Part 1m of schedule IV.

38. Exereise of powers under section 37 by Chief JUdicial Magistrate or District Magistrate to be­subject to control of IDgh Court or State Govern­ment. - The power conferred on the Chief Judicial Magistrate under clause (ii) of section 37 shall be exercised subject to the control of the High Court

. and the power conferred on the District Magistrate under clause (iv) of that section shall be exercised subject to the control of the State Government.

38A. Powers on Judicial Magistrates to be con­ferred in consultation with IDgh Court. - When­ever, under any p,rovisions of this Code or of any other law for the time being in force relating to any of the matters specified in Lists II and III of t?e Seventh Schedule to the Constitution, any judi': Clal 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 powers the orders conferring such powers or empowering the exercise of such powers shall be made by the 'State Government in consultation 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 judicial shall be decided by the State Government in consultation with the High Court and such decision Shall bEl' final". .

19. In section 39, to sub·section (1), the following' proviso shall be added, namely: -

"Provided that in the case of Judicial Magis­trates, the State Government shall confer such powers in consultation with the High Court".

20. To section 40, the following proviso shalf be added, namely:-

"Provided that in the case of Judicial Magis­trates no direction shall be issued except in consul­tation .with the High Courtu

•

. 1

r~···----------------------------------------------------------------{

2.8TH,AUGUBT, 1969 JBHADRA 6, 1891) ---1:.------

21. In section 41,-

(i) to sub-section (1), the" following sh,all be added, namely:-

proviso

"Provided that the State Government shall not withdraw any power conferred on the Judi­cial Magistrate except in consultation with the High Court". .

(ii) for sub-section {2) , the following sub­'"section shall b.e substituted, namely:-

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

22> In~eCtion 57,-'(i). in sub-section (2), for the words "a Magis­

trate", the words "a Judicial Magistrate having jurisdiction" shall be substituted:

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

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

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

"(1), A District Magistrate or a Chief JudJcial • Magistrate or any other Judicial Magistrate of the first class or a Sub-divisional Magistrate may direct a warrant to any' landholder, farmer or manager of land within the area of his jurisdic­tion for the arrest of any escaped convict, pro­claimed offender or person who has been accused of a ,non-bailable offence, and who has eluded purs~it".

25 .. In section 88;,--, (a) ,in sub-section (2), after the words "Dis­

trict Magistrate", the words "or Chief Judicial Magistrate", shall be inserted;

(b) in sub-section (6B), after the words "Dis­trict Magistrate", the words "or Chief Judicial Ma~strate" shall .be inserted; and

. (0) for, the proviso to sub-section (60), the .fogowing provisosllall be substituted, namely: -

"Provided that if it is preferred or made in ,the Court of a District Magistrate or Chief Judicial Magisti;llte, he may make it over. for

,disposal to any' Magistrate subordinate to him, and such Magistrate shall have all tl;le 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 sectio1l95, after the words "District Ma­gistrate", wherever' they occur, the' words "Chief Judicial Magistrate", shall be inserted. .

27 .. In, sUb,.section (2) of section 96, after the words "District Magistrate", the words "or Chief Judicial Magistrate" shall be inserted.

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

29. In sub-section (,1) of section 106, for the words "Court of a Presidency Magistrat~, a District Ma­gistrate, a Sub-divisional Magistrate or a Magis­trate", the words "Court of a Chief Judicial Magis~ trate or any other Judicial Magistratell shall l5e subs-tituted. . ,

30. In sections 107, 108 and 109, for the words "Magistrate of the first class" and in. section 1'10, for the words " Mag1strllte of thE! first claSs" ,the words "an Executive Magistratp. of the first class" shall be substituted.

31. In section 124,:-""" (i) for the words "Chief Presidency", wherever

they occur, the words "Chief Judicial" shall be substituted; .

(ii). in sub-section (1), for the words "under this Chapter", the words and figures "under ,Section 118 or, as the case may be, und"r' section 10.6" shall be substituted ; and

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

32. Forsection 125, the following section shall be substituted, namely: -

"125 .. Power of Chief, Judicial Magistrate to cancel allY bond for keeping the pea,Ce and of Dis­trict Magistrate to cancel any bond for keeping tl;le' peace or for good behaviour. - The Chief Judicial Magistrate may, at any time for sufficIent reason to be recorded in writing, cancel any bond

. for keeping the peace executed under section 106 and th<;.District Magistrate may at anytime like­wise' cancel any bond for keeping the peace or for good behaviour execu1;ed under' section 118 by order of any Court in his district. not superior to his Court.". .

33. In section 126, ,-(i) in sub-section (1), for the wotds' "to a Pre­

sidency Magistrate, District· Magistrate,· Sub~divi­sional Magistrate or Magistrate of the first .class", the words and figures "to the Court by \j\hich an order to give security was made under'section 106 or section 118" shall be substituted, and for the word "his,i, the'word "its" shall be substituted; and

(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 person for Whom such surety is bound to . appear or to be . brollght before it."'-

34, In sections 127, 128, 129 and 132, for theword "Magistrate" ,: the words. "Executive Magistrate" shall be substituted; in' sections 130 and 131, 'for tne words "a Magistrate", the words "an Executive Magistrate" and: in section 131;fcirthe words "no Magistrate" ,,·the -words "no ExeCutive Magistrate" shall be substituted .. ,

35. In.section 133,-·(il.intheopening paragraph of sub-section (1)

andihsub'sectioh : (ll), tor the words "a:Magis,t'

_._, .:. __ ~ __ ~r,_

rate", the words "an Executive Magistrate" shall be substituted; and

(ii) inthe closing paragraph of sub-section (1), for the words "Magistrate of the first or second class", the words "Executive Magistrate" shall be substituted.

36. In section 143, for the words "any' other Ma: gistrate", the words "any other Executive Magis­trate" shall be substituted.

37. In'sub-section (1) of section 144, for the words and brackets "a,ny other Magistrate (not being a Magistrate of the third class)", the words "any other Executive Magistrate" shall be substituted.

38. In sub-section (1) of section 14:5 anti sub-sec­tion (1) of section 147, for the words "Magistrate of the first class", the words "Executive Magistrate oethe "first class" shall be substituted.

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

40. For sub-section (l) 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 in 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 oreat any time afterwards before the com­mencement of the' inquiry or ,trial.

(1A) Any Ei~cut'iveM'agistrate,?f the fi:st class or of the' secohd cl,ass (not bemg a police officer), may b:e specially';i)mpowered by the State Government to record such statements or confes­sions if th'l.t Government for 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 follo­

wing proviso shall besubstitl1ted, namely: -, 'ip,rc(viUed that no)"i:x.ecutiveMagistrat<: of t~e

second class not specially, empowered m thIs behalf by the State Government, and no ~udi­cial Magistrate of the second class not specIally empowered in this beh!jJ.f by the State Govern­ment in consultation with the High Court, shall authorise detention in the", custody of the

, police." and ' ,

(ii) for sul)-section (4)" the following sub-SeC­tion 'shall be substituted, namely : -

"(4) If such order is given by an Executive Magistrate otller than the District Magistrate or Sub-divisional Magistrate he shall forward a copy :oihis order; with his reasons for making it, to the Magistrate to whom he is immediately subordinate and if such order is given by a Ju-

, dicial Magistrate other than the Qhief Judicial , Magistrate, he shall' forward"a copy of his order; with his reasons for making It, to the'ChiefJu­dicial Magistrate.".

42. In sub-section'{3)Of section 170, for the 'words "Dililtdct Ma~istrate" or 'Sub-dfvisional Magistrate" ,

SERIES-INo. '-l!l!

the words "Chief Judicial Magistrate" shall be sl1bs­tituted.

,,~

43. In'sub-section (5) of section 174, for. t~e words "Magistrate of the first class, and any Ma~ls­trate" ' the words "Executive Magistrate of the fIrst class, 'and any other Executive Magisrl1te" shall be ' substituted.

44. Section 176A which applies only to the ~ni?~ territory of the Laccadive, Minicoy and AmmdlVl Islands shall be omitted. ,"

45. In sub-section (1) of secti~n,186, ,for t~e words "a Presidency Magistrate, a Distr!ct¥agI~­trate, a Sub-divisional Magistrate, or, it he '!sspe­dally empowered in this behal.f by the~tate S?ov,";rn­ment, a Magistrate of the flr~t. c~ass, lbe. words "a District Magistrate, a Sub-dlvl~lOnal. MagIstrate, or if he is specially empowered m thIS behalf by th~ State Government, an Executive Magistrate ?f the first class, or, if he is specially' empowered. m this behalf by the State Government, in consultatIOn with the High Court, a Judicial Magistrate of the first class" shall be substituted, ' '"

, 46. In sub-section (1) 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 Judicia~ 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-section (1), for the words,"any Pre­

sidency Magistrate, District Magistrate' or Sub­-divisional Magistrate, and any other Magistrate", the words "any Chief Judicial Magistrate, and any other Judicial Magistrate" shall be substituted;

(ii) in sub-sectio;' (2), for the words, ,'~The State Government, or the District Magistrate subject to the general or special orders of the State Government, may empower any Magistrate", the words "The'State Government, in consultation with the High Court, or the Chief Judicial¥agis­trate, subject to the general or, special or(],ers of the High Court, may empower any other JudiCial Magistrate" shall be substituted;, and ,,' '

(iii) in sub-section (3), for the worils "State Government may empower anyMagistrat~"; the words "State Government, in consult~tion with the High Court, may empower any Judicial 'Magis­trate" shall be substituted.

48. In. section 192, ~ (i) hlsub-section (1), foi' the ~~ras~" Any

Chief Presidency 'Magistrate, Districit Magistrate or Sub-divisional Magistrate"; the· words' "Any Chief Judicial Magistrate" shall .. besubstitllted; and ' ,

(ii) in sub-section (2), for the words "District Magistrate" , the words "Qhief .. Judicial' '-'Magis-trate"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. '" '"

·05' ,

28TH AUGU8T, 1969 (BHADRA 6, 1891)

50. In section 196B, for the words "Chief Presi­dency Magistrate", the words "Chief Judicial"Ma-gistrate" shall be substituted. ' ,>

51. In sub-section (1) of section 206, f()r th~ words and brackets "Any Presidency Magistrate, District Magistrate, Sub-divisional 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 Magistrate or a Judicial Magistrate of the first class or any Judicial Magistrate of the second class empowered in this behalf by the State Government, in consultation with the High Court," shall be substituted. . v· ~ \

52. In se~tlon" 249; for the words "a Presidency Magistrate,a Magistrate 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.opening paragraph of .sub-section (1) of section 260, for clauses (a), (b) and (0), the following clauses shall be substituted, namely:-

"(a) the .Chief Judicial Magistrate, (b) any Judicial Magistrate of 'the first Class

specially empowered in this behalf by the State Government, in consultation with the High Court, . and

. (0) any Bench of Judicial Magistrates invested with the powers of a Judicial Magistrate of the first class and specially empowered in this behalf by the State Government in consultation with the High CoUrt,".

55. In section' 261, -(i) in the marginal' heading, for the words

"Bench of Magistrates", the words' "Bench of Judicial Magistrates" shall be substituted;.

(ii) in the opening paragraph, for the words "State,Government 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 'anyBench 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", the words "Bench of Judicial Magistrates" and for the words "the State Government", the

. words "the High Court" shall be substituted.

. 57. In 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 "State. Government", the words "in oonsu!tation with the High Court" shall be inserted.

59. In section 337; in sub'section .(1), ~

(i) in the opening paragraph, for the words "a Presidency Magistrate, a Sub-divisiona:!' Magis- . trate", the words "the Chief Judicia~Magistrate" shall be substituted;

(ii) for the proviso, the following proviso shall be substituted, 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 conferred unless he is the Magistrate making the inquiry or holding the trial, and, where the offence is under inves­tigation, no Magistrate of the first class other than the District Magistrate or the Chief Judi­

. cial'Magistrate shall exercise the power unless he is the Judicial Magistrate having jurisdic­tion in a place where the offence might be in­quired into Or tried and the sanction o~ the Chief, Judicial Magistrate has been bbtained to the exercise thereof.''.

60. In section 338, f{J.r the words "Distric.t Magis_ trate", the words "Chief Judicial Magistrate" shall be substituted. .

61. In sub-section (1) of section 346, after the words "District Magistrate", the words .. "or the Chief Judicial Magistrate, as the case may be," shall be inserted. .

62. In section 349;-

(i) in sub-section (1) ,-

(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 woo-ds "District Magistrate'oil" Sub­-divisional Magistrate", the words "Chief Judi­cialM'agistrate" shall be substituted; and (ii) in sub-section (lA), for the words "District

Magistrate or Sub-divisional Magistrate", the . words "Chief Judicial Magistrate" shall be subs­

tituted.

63, For section 373, the following section shall be substituted, namely: - .",' .

"373. Court of session to send Copy of fiDding and sentence to,· District Magistrate. and Chief Judicial Magistrate. -,-1n cases tried by the Court of Session, the Court shall forward a copy of its finding -and sentence (if . any) to the District Ma­gistrate and the Chief Judicial Magistrate within the local limits of whose jurisdiction the trial· Was held.".

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.

65. For section 406A, the following sections shall be substituted, namely:.-

"406A. Appeal from order refusing to acCept or rejecting a surety. - Any person aggrieved by an ordel' refusing to accept or. rejecting a surety

,.,~I,). In,~ecti,\l1149T ,~,jli,9p.Japp~iEt~ pnIY,!9) ~II[ l!~.?~ r'T ,d 'f th ,Laccadlve Mimcoy and Arillndiyt 1"~lma'i:n::;dosr:J., .u;(L,:,·,; 2~,.'"r>~ ; l.>.~)_<! :;,. i.' ''/,,:,J ,.j (>::')." . .- ~).(),; '. ;;,'. i.I ~J .u:s ;.;.u:L:'~:.:;::?

(i) for the words "District Magistrate", whe­,,: ,~ev~r,' th~Y)'9c~ur, the,. words "~Ghief"J:ndicip.I, .fMa­.",gistrate':ij~!lalI !>e.s\lhJi!titu,t,ed,: ,,,.i"'!", ",.'V;;

,; ',' "A ii} 3D( .sulrsection 2(1) ;dor. :theworo:s,}~a;,gisJ trate of the second or third class", ,thec'cwords "Judicial Magistrate of the second class" shaH be substituted;"':' '.o:!,,·';"[ .',':\

(iii) in sub-section ,(~), fqr,I;IJ.,e.)X91'%. ';¥.agis­trate of the first cHl,ss",' thEfwdl'ilS "JudiClal Ma­

J) rgistrateJ (jf; thefitSVclass".shalIc be'substltuted. ',-.:.-;""." ,> ' ~'-'.':"\~) ---:':.U -I:>

. ""--~

; '67.' In section 408, '.:.::, ,~; .'

',,<(i)'as ~t~pplies !'<> ~YUnion't'eti1tQSii 'p!her , 'than .the'Umonterntory of, the Lacca,dlve, Mn:llcoy

and Amindivi Islands,' for the wordS and ,~igures ''!'a.District.Magistra.teor anyotherMllgistriLte, or •• 'any'person sentenced under 'section'349 <or, in -,. respeCt. of'whom an order has been'mad,Pol' a

sentence has been passed under section 380 by' any Magistrate", the words and figures "or a Judicial Magistrate or any p<1rson'sentencedunder'section 349 or in respect of whom an order has 'been 'made or a sentence has been passed under section 380 by

"'I!L',JUdiciabMagistrate" 'siiallbe;stibstitutea~'; \ :);:~(ii)"a;sit'appIieS'toiIie 'Ul\ion territqry QfPte L'Laccadive;' :Miiricoyand AmindiviIslands;'f!li'. the

,Words,andfigures}'a' iDistrletMagistrate or"other , • Mag1Strafeof; the • (!rst 'Class; or any personcsen­,::t;enced, .nnder,sectiort·349,or,'in<"respect' of 'whom ""an; order,., ha!!::1:)een'made"or, a, sentencehascbeen ''''paSSed under section,380 by any Magistrate',,;,,tile

words and figures "or a Judicial Magistrate of the (Cfvs'~I~Il\ssor f'Wy,pe!,spn sente~ced, u~<;l,erriSegtion ";,349'8r;;~r~~p~t?f,,vvh0'!l,!l-!l, order J,1ll,~.I?,*:ll: ma,q,e ,iPX-: a, .s~nfe!i\(:¥hij-s., ll1Ze~l;l.as~e!iund,er,s.~~tion)}~9< "'by a judiClal Magtstrate" shall be substituted", ,cd

"_. - .. , .

iL(1i~J JH()s~H¥,o~Aq~';:7::Ti <,el; ,if', ,,,::;,,,,.,' •. ",:i' (a) as it applies to the;VniODi1t~tary,,,Ofathe

Laccadive, Minicoy and Amindivi Islands, in the 'Htpt9visO, ofor-"thEibwordsc"Smte IGovernnie):ili-;;~ the l1JWqtds3'!'Stat~ Go.v.erp.rp:eirt, ·in::~consultatii:ln<;,With v,cthe .. High ,Comiti'! shaUc;be',substit1J;ted;C"l ,." fre"

• -

r

28Tlf AUGUST, 1969 (BHADRA 6, 1891)

(4) The High Court may call for alld examille the record of . allY proceedillg UIlder sectioll '118. 122. 143. 144 or 145. llotwithstalldmg the fact that such proceedillg was before . all Executive Mag!strate.

(5) If. all applicatioll ill respect of allY pro­ceedillg before allY JU.dieial Magistrate other thall the Chief Judicial Magistrate has beell made ullder sub-sectioll (1) either to the Sessiolls Judge or the Chief Judicial Magistrate. llO further appli­catioll' shall be elltertailled by the other of them alld if all applicatioll ill respect of allyproceedillg before allY Executive Magistrate has beell made to the Sessiolls Judge UIlder sub-sectioll (1) or to the District Magistrate ullder sub-sectioll (2). llO further applicatioll shall be elltertailled by the other 'Of them." ..

74. Sectioll 436 shall be i:e-llumbered as sub-sec­tioll (1) thereof alld-

(i) ill sub-sectioll (1) as SO re-llumbered-(a) fOr the words "District Magistrate".

wherever they occur. the words "Chief Judicial Magistrate" shall be substituted;

. (b) ill the proviso. for the word "sectioll .. ·• . the word "sub-sectioll" shall be sUbstituted;

(ii) after sub-sectioll (1) as so re-llumbered. the followillg J>ub-SeCtiOll shall be illserted. llamely: -'

"(2). Oll examillillg allY record ullder sec­tiOll 435 or otherwise. the District Magistrate .. may direct allY Sub-divisiollal Magistrate by himself or by allY other Magistrate subordillate to him to make. alld the Sub-divisioJlaI Magis­trate may himself make or direct allY Sub or­dmate Magistrate to make further illquiry illto allY proceedillg ill which all order .of release or discharge has· beell made UIlder sectioll119:

Provided that llO District Magistrate shall make allydirectioll ullder this sub-sectioll for further illquiry mto the case of allY perSOll who has' beell released· or discharged ulliess such persoll has had all opportullity of showillg cause why such directioll should llOt be made".

75. III sectioll 437. for the words "District Ma­gistrate". wherever they occur. the words "Chief Judicial Magistrate" shaU be substituted.

76. ill sectioll 438.-

(i) ill sub-sectioll (1). for the words "District Magistrate" shall be substituted; alld .

(ii) after sub-sectioll (2). the followillg sub­-sectioll shall be inserted. namely:-

" (3) The District Magistrate. Oll examilling UIlder sectioll 435 or otherwise the record of any proceedillg ,-

(a) shall. if such proceeding is ill respect of all order Ullder sectioll 118. 122. 143. 144 or 145 alld if he thinks that the order made ill such proceeding should be reversed or altered. report for the orders of the High Court the result of such examillatioll;

(b) may. if such proceedillg lsill respect of all order made ullder allY other 'sectioll exercise. subject. to the provisiolls of sub: -s~ctioll (2) of sectioll 436. any qf the powers

comerred on a Court of appeal by sections 423. 426. 427 alld 428", . .

77. ill su15'sectioll (3) of secti0Jl439. for the wordS "a Magistrate 'Of the first class". the words "a Judi­cial Magistra.te of the first class" sh'aIl be substi­tuted.

78. In sectioll 479. for the words "Presidellcy Ma,gistrate. I?!strict· Magistrate or other d\1;agis­trate". the words "Chief Judicial Magistrate or ally other Judicial Magistrate" shall be substituted.

79. ill sub-sectioll (1) of· sectioll ·488. for the words ."District Magistrate. a Presidellcy Magistrate. a Sub-divisional Magistrate or a ,Magistrate". the words "Chief Judicial Magistrate or ally other Judi­cial Magistrate" shall be SUbstituted.

80. ill 8ub-sectioll (2) of sectioll 512. for the. words "any Magistrate of the first class", the words "allY' Judicial Magistrate of the first class" shall be subs' tituted. .

81. For sectioll 515. the following section shall be substituted. llamely: - .

"515. Appeal from, and revision of. orders under section 514. - All orders ullder section 514 shall be appealable-

(i) to the District Magistrate. if passed by all Executive Magistrate; alld . .

(ii) to the Chief Judicial Magistrate. if pas-sed by a Judicial Magistrate. .

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

82. III sectioll524.-(i) in sub-section (1), for the words "a Magis­

trate of the first class". the words' "all Executive Magistrate of the first class" shall be substituted; and . .

(ji) ill sub-section (2), for the words "to the Court to which appeals agaillst sentences of the Court passing such order would lie". the words "to the Sessioos Jul'fge" shall be substituted.

83. ill section 528.-

(i) ill sub-sectioll (2),-

(a) for the marginal headillg. the following margmal heading shall be substituted. na­mely:-

"Chief Judicial Magistrate may withdraw or refer cases"; alld

, (b) for the w'Ords "Any Chief Presidency Magistrate. District Magistrate or Sub-divisiollal Magistrate". the words "The Chief Judicial Magistrate" shall be substituted; and

(m) after sub-section (2); the followillg sub-sec­tions shall be inserted. namely:-

"(2A). Power to authorise Chief Judicial Magistrate to withdraw classes of cases. - 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 ca.ses as he thinks proper. or particular cla.sses of cases. . .

(2B) D,istrict Magistrate may withdraw or refer caIies. - Any Pistrict Magistrate may

. withdraw any case from, or recall any case which he has made over to, any Magistrate su­

. bordinate to him, ,and may inquire into such case himself, or refer it for inquiry to any other such Magistrate competent to inquire into the same".

84. In sub-section (2) of section 559, for the words "the Chief Presidency Magistrate ill a Presidency­-town, and the District Magistrate outside such towns" ,the words "thE: Chief Judicial Magistrate in the case of Judicial Magistrates and the District Magistrate in the case of Executive Magistrlttes" 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.

86. In the proviso to sub-section (1) of sec­tion 562,-

(i) for the words "Magistrate of the third class, or a Magistrate of the second class not specia\ly empowered by the State Government", the words· "Judicial Magistrate of. the second class not spe­cially empowered by the State Gorvernment in con­sultation with the High Court" shall be substitu­ted; and

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

87. In section 565,-(i) 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 Magistrate" shall be substituted;

(ii) in sub-section (3), after the words "State Government", the words "in consultation with the High Court," shall be inserted; and •

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

88. In Schedule II, in column 8,-(i) f{J'l' the word "Magistrate", wherever it oc­

curs except in the expression "Presidency Magis­trate", the words "Judicial Magistrate", and for the words "Any Magistrate", wherever they occur, 1;he·words "Any Judicial Magistrate" shall be subs­tituted;

(ii) for the entiy against section 1J24A, the fol­lowing entry shall be substituted, namely: -

"Court of Sessioo, Chief Judicial Magistrate or any other Judicial Magistrate of the first class specially empowered by the State Govern­ment, in consultation with the High Court, in that behalf."; and '

. . (iii) in the entry relating to section 376, for the words "Chief Presidency Magistrate or Dis­trict Magistrate", the words "or Chief Judicial Magistrate" shall be substituted.

-

89. For Schedules III and IV, the following Sche­dulesshall be substituted, nafuely:-

"SCHEDULE ill

(See section 36)

Ordinary Powers of State Magistrates

1. - Ordinary powers of a Judicial Magistrate • of the .second class

(1) Power to arrest or direct the arrest 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 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 86 .

(4) Power to issue proclamations in cases judi­cially before him, section 87.

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

(6) Power to restore attached property, section 89. (7) Power to require search to be made for let­

ters and telegrams, section 95. .

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

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

(13) Power to detain an offender found in Court, section 351.

(14)' Power to issue commission for examination of witness, section 503, 506.

(15) Power to recover forfeited bond for appea­rance before Magistrate'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 pro- . perty; 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 oj the first class

.... (1) The ordinary powers of a Judicial Magis­trate of the second class. . . (2) power to direct warrant to landholders, sec-tion 78. ~ . .

28TH AUGUST, 1969 (BHADRA 6, 1891)

. (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 wrongfully 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 com­

plainant, section 249. (11) 'Power to tender pardon to accomplice during

inquiry into case by himself, section .337. (12) Power to make orders of maintenance, sec­

tions 488 and 489. (13) Power to recall' case made over by him to

another Magistrate, section 528 (4) . (14) Power to make 'order as to first offenders,

section 562. (15) Power to order released convicts to notify

residence, section 565. , ','

llI.-Ordinary powers of a Chief Judicial Magistrate

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

(2) Power to try juvenile offenders, section 29B. (3) J:>ower to require delivery of letters, telegrams,

etc., section 95. (4) Power to issue search warr~nts for documents

in custody of postal or telegraph authorities, section 96.

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

(6) Power to cancel any bond for keeping the peace under section 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 tp.e 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 Subordinate Magistrate, seCtion 349.

/ 453

(17) Power to hear appeals from orders of Judi­cial Magistrates refusing to accept or rejebting 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 514, section 515. (23) Power to withdraw cases and to try or refer

them for trial, section 528.

IV;- Ordinary powers of an Executive' Magistrate of the second class

(1) Power to arrest or direct the arrest 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 offender, section 65.

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

(4) Power to issue proclamations, 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, section 95.

(8) Power to issue search warrants, s~ction 96. (9) Power to endorse a search warrant and' order

delivery of thing found, section 99 ..

(i0) Power to command unlawful assembly to dis­perse, section 127.

(11) Power to use civil force to disperse Illllawful assembly, section 128.

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

(13) Power to authorise detention not being de­tention in the custo.dy of the police, of a !l.erson during a police investigation, section 167. .

(14) Power to take evidence on commission, sec­tion 503.

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

(16) Power to. make order as to disposal of. pro-perty, section 517. . . .

(17) Power to sell property of a suspected cha-racter, section 525. . . .

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

. (1) The ordinary powers of an· Executive Magis-trate of the second class. . .

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

. (3) Power to issue search' warrant for discovery: of persojls wrongfully confined, section 100. .

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

"i'

SERIES I No. 22 ~-----------"----"

(5) Power to require security for good behaviour, (13) Power ,to appoint person to be, Public Pro-,sectiou.109.' secutor in particular case, section 492 (2)"

(6) Power to discharge sureties, section 126A. , ' (14) Power to hear appeals from or revise orders (7) Power to make orders as to local nuisances, passed under section 514, section 515.

section 133:' (15) Power to compel restoration of abducted (8) Power to make orders, etc., in possession cases, female, section 552.

secti,?ns 145, 146 and 147. SCHEDULED IV (9) Power to authorise detention of a person in

the custody of the police during a police investigation, section 167.

(10) Power to hold inquests, section 174.

VI.-Ordinary powers of a Sub-divisional Magistrate

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

(2) Power to direct warrants to landholders, sec­tion 78. , (3) Power 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 section 144. (6) Power to depute Subordinate Executive Ma­

gistrate to make local inquiry, section 148. (7) Power to issue process for person within

local jurisdiction who has committed an offence out­side the local jurisdiction, section 186.

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

VIl.-Ordinary powers of a District Magistrate

(1) The ordinary powers of a Sub-divisionaIMa­gistrate.

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

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

(4) Power to require security for good behaviour, section 108 .•

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

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

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

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

(9) Power to hear appeals, from orders of Execu-, tive Magistrates refusing to accept or rejecting sure­ti~, section 406A.

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

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

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

(See sections 37 and 38)

Additional Powers with which State Magistrates may be invested

PART I

A. - By the State Government -in- consultation with the High Court ,

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, section 190.

(5) Power'to take cognizance of offences without complaint section 190.

(6) Power to try sumlnarily, 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 be invested

(1) Power to try juvenile offenders, section2~B. (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, section 190.

(6) Power to take cognizance of offences without complaint, section 190.

(7) Power to commit for trial, section 206. (8) Power to make orders as to first offenders,

section 562.

B. - By the Chief Judicial Magistrate

Powers with which any Judicial Magistrate of the first class may be invested 0'

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

(2) Power to take cognizance of offences upon police reports, section 190.

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

Powers with which any Judicial Magistrate of the second class may be invested

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

~1-

. ~ ,

;.' .. : .•.•••• l K".:

.28TH AUGUST, 1969 (BFIADRA 6, 1891)

(2) Pow~r to take cognizance of offences police reports, section 190.

upon ded' to the Union Territory of Goa, Daman. and Diu d" the Lieutenant Governor .of Goa, Daman and Diu

hereby inakes the folloWing. Rules so' as to amend the Goa, Daman' aild Diu Land Improvements Loans, Rules 1966, namely:

PAl.tT.II A. - By State Government

. Powers with which a Sub-divisional Ma:gistrate ma;y be invested

Power to eall for records of inferior courts and to forward them to the District Magistrate" sub­-sections (2) and (3) of section 435.

Powers with which an Executive Magistrate of the first class may be invested

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

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

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

(4) Power to m1J,ke orders under section 14~. (5) Power to record statement and confessions

during a police investigation, section 164. (6) Power to issue process for person within local

jurisdicticlU, who. has committed an offence outside the local' jUrisdiction, section 186.

(7) Power to selL'property' alleged or suspected to have been stolen, etc., section 524.

Pow&rs with which an Executive Magistrate of . the second class may be. invested

(1) Power to make ,orders prohibiting repetitions of nuisances, section :J. 43.

(2) Power. to make orders under section 144. (3) POwer to rec()rd 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 Magis-trate

Powers with which any Executive Magistrate of the first class may be invested

(1) Power to make orders prohibiting repetitions . of nuisances, section i43.

(2) Power to make orders under section 144.

Powers with which any Executive Magistrate of the second class ma;y be invested

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

(2) Power to make orders under section 144. (3) J'ower to hold inquests, section 174".

... Agriculture Department

Notification

DF-I-AGR-63/(1)

1. Short title and commenCement."; (1) . Tlie~e Rules may be called the Goa, Daman and Diu Land Improvement. Loans (2nd Amendment) Ruies,,19{j,9 .•

. (2) They shall come into force at once.

2. Amendment of Rule 24 •. -'- For the exi~ting Rule 24 of the Goa"DalUanand Diu. Land Improve­ment Loans Rules, 1966, hereinafter called the "Princip.l Rules" the following shall be substituted, namely: '

"24. The following officers shall be competent to sanction loans not exceeding the amounts specified against them:

1. Director of Agriculture 2. Collector of Goa 3. Collector of Danian 4. Civil Administrator'Diu 5. All Block Pevelopm",nt ()fficers

Rs. 20,000/­Rs. 10,OQO/­Rs.··I0,000/­Rs. 10,000/­Rs. 5,000/-

," 3. Amendment· of Rule '26. - lit Rule' 26 of the 'Pripcipal Rules, for the w()rds "Block Developme:nt Officer" the word~, "}3lock Development Officer; Collector. of' Goa, Collector,of Pamim or Civil Admi­nistrator' Diuias the' case may be"shall lie SU1:JSti: tuted.

By.order and in the nam~ of the Administrator of Goa, Daman 'and Diu; .

.. S. N. Dhuinak; UnderSecretary (Developmenti.

Panaji, 14th August, .1969.

Notification

DF-I-AGR-63/(2)

In exercise of the powers conferred by section 4 (1) of the Agriculturists' Loans Act, 1884 as extended to the Union Territory of Goa, Daman and Diu, the Lieutenant "Governor of Goa, Daman and Diu hereby makes the following Rules SO as to amend the Goa, Daman and Diu Agriculturists' Loan Rules 1966, namely: .

1. Short title and conmlencement. - (1) These Rules may be called the Goa, Daman and Diu Agri­culturists' Loan (Amendment) Rules 1969.

(2) They shall come into force at once.

2. Amendment of Clause (i) of Rule 3:-

For clause (i) of Rule 3· of the Goa, Daman and Diu Agriculturists' Loan Rules, 1966, hereinafter called "Principal Rules", the following shall be subs­tituted, namely:-

(i) The following officers shall be competent to sanction loans not exceeding the amount specified against them:-

In exercise of the powers conferreq .. by section 10 . of the Land Improvement Loans Act, 1883, as exten- .'

1. Director of Agriculture . 2; Collector of Goa .

Rs. 20,000/­Rs. 10,000/-

466

3. Collector of Daman Rs. '10,000/" 4. Civil Administrator Diu

.~.

Rs. 10,000/- ' 5. All Block Development Officers Rs. 5,000/-

3. In Rule 13, 14 and 15 of the "Principal Rules", for the words "Block Development Officers" wher­ever they occur, the words "Block Development Offi­cer, Collector of Goa, Collector of Daman or Civil Administrator, Diu, as the case may be", shall be substituted.

By order and in 'the name of the Administrator . of' Goa, Daman and Diu. "

, S. N; Dhumak, Under Secretary (Development).

Panaji, 14th August, 1969.

.... labour and Information Department

ORDER

LC/24/IB/69(!v)/733

The following Notification from the Government of India, Ministry of Industrial Development, Inter­nal Trade and Company Affairs (Deptt. of Indus­trial Development) Central Boilers Board, New Delhi, is hereby republished for information of all concerned.

By order and in the name of the Administrator of Goa, Daman and Diu.

V. R. Vaze, Under Secretary, Industries & Labour Department. , '

Panaji, 20th August; 1969.

SERIES 1 No. 22

Dated the 21st June, 1969. ,J'

No~iCation

BL-'9(19)/68-EEI

The following draft of certain regulations further to amend the Indian Boilers Regulations, ,1950 ~hich t~e Central Boilers Board proposes to mak~ In exerCise of the powers conferred by section' 28 o,f the Indian ~oilers Act, 1923 (5 of 1923) is pub­lished as reqUired by sub-section (i) of .section 31 o,f the said Act, for the,information of all' persons li~ely to be affe~ted there~y; and notice is hereby given that the said draft Will be taken into conside­ration on or after the <lOth September, 19,69.

'" Any objections or suggestions which may be re- . ceived from any person with respect to the said draft before the date so specified will be considered by the Central Boilers Board. Such objections or suggestion~ shOuld be a~a:essed to the Secretary, Central BOilers Board, MInistry of Industrial Deve~ lopment, Internal Trade and Company Affairs (De­partment of In:dustrial Development), Udyog Bha· van, New Delhi.

DRAFT REGULATIONS

1. These regulations may be called the Indian Boiler (Amendment) Regulations, 1969. '

, 2. In regulations 266 of Indian Boiler Regulations, 1950, for clause (d) the following' clause shall be. substituted, namely: - :', '"

« (d) Removal of defects. - Defects shall be cut out by chipping or machining or by burn-' ing out by the Air Arc Weld Process».

Sd/­

P. J. MENON Secretary, Central Boilers Board.

GOVT. PRINTING PRESS - GO. tlm~en.sa. Na.clonaJ.':'- G~)

PRICE - R •• 1-20 PL

.A