The Assam Executive Magistrates (Temporary Powers) Act, 1983

Registered No. A -12 tnrtar ;ntt The Assam Gazette oBWtFW EXTRAORDINARY 313f ®JT?I iWlM1® PUBLISHED BY AUTHORITY sr 7 fH’fsra, *t£h h , 29 1983, 9 1904 (*t )̂ No . 7 Dispur , Saturday, 29th Ja nu ar y, 1983, 9th M ag ha , 1904 (S. E.) ___ GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT : LEGISLATIVE BRANCH NOTIFICATION The 29th Jan ua ry 1983 No. LGL. 175/82/10.—The following Act made by the Pre sident and published in the Gazette of India , Extraord ina ry, Pa rt II of Section I, date d 29th Jan ua ry, 1983 is repu blished for gen era l inf or­ mation. 6 Name of Act The Assam Exe cut ive Ma gis trat es (Te mpora ry Powers) Act, 1983, D. C. SARMA, Secre tary to the Govt, of Assam, Jud icia l & L egis lative Dep artm ent. No. o f A c t Da te of assent Pre sident ’s ?.8th Janu ary , 1983 Act 1 of 1983. 30 THE ASSA M GAZETTE, EX TR AO RD INAR Y, JANU AR Y 29, 1983 President’s Act No. 1 of 1983 THE ASSAM EXECUTIVE MAGISTRATES (TEMPORARY POWERS) ACT, 1983 (Received the assent of the President on 28th January, 1983) Enacted by the Presi dent in the Th irty- four th Year of the Re­ publ ic of India. ps ' An Act to confer, in view of the extraordinary circumstances prevailing in the State of Assam, certain powers under the Code of Criminal Pro­ cedure, 1973, on Execut ive Magistrates in that State for a temporary period. In exercise of the powe rs conferred by section 3 of the Assam Sta te Legis latu re (Delegation of Powers) Act, 25 of 1982. 1982, th e Pre sid ent is pleased to e nac t as follows ;— Short title J (i) This Act may be called the Assam Executiv e *e\c«m°Tt7" Magistrates (Tem pora ry Powers) Act, 1983. (2) It sha ll come into force at once and shal l cease to hav e effect on the expiry of a period of thre e months therea fte r and section 6 of the Assam General Clauses Act, Assam Act 1915 sha ll app ly to such cesser as if such cesser were a 2 of 1915 repeal of an Act of the Legis latu re of the Sta te of Assam by anoth er Act of that Legislature. Definitions 2. In this Act, unless the con text otherw ise requires,— (a) "Code” means the Code of Crim inal Procedure, 2 of i974, 1973 jn jt s applicat ion to the Sta te of Ass am; (b) "Execu tive Magis tra te” means an Execut ive Magis­ trat e in the Sta te of Assam ; and (c) word s and expressions used her ein and not defined, bu t defined in the Code shal l have the meanings respec tive ly assigned to them in the Code. Conferment 3. (1) Notwi thstanding any thing to the contr ary con- oi temporary tain ed in the Code, the Executive Magist rates may, in Executive” addition to the Jud icial Magistra tes, exercise powers of Magistrates, rem and under section 167 pf the Code. (2) Notwi thstanding any thing contained in the Code, the Executive Magist rates shall , to the exclusion of any oth er Magistra te, have power to take cognizance of, and try and dispose of cases rel ating to,— 45 of 1860. (a) offences under the Ind ian Penal Code or any other law for the time being in force pun ishable with imp risonment which may extend to six mon ths or wi th fine or wi th bo th ; THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 29, 1983 3l (b) other offences, being offences punishable under Cha pter VIII (Offences against the public tra nqui­ lity ), and Cha pter X (Contem pts of the lawf ul aut hor ity of public serva nts), of the Indian Penal 45 o f 1860. Code : Pro vide d that no sentence of imprisonm ent for a term exce edin g six months sha ll be passed by an Execu tive Mag istra te in the case of any conviction for an offence re­ ferred to in clause (b). (3) For the purposes of this section, the Code shall have effect sub ject to the modif ications specified in the Schedu le and subject to such other modifications as may be necessary. (4) Nothing in this section sha ll apply to cases rela ting to offences take n cognizance of unde r the Code befo re the commencement of this Act. THE SCH EDU LE [See section 3 (3) 1 Modifications in the Code 1. In section 167 of the Code,— (a) in sub-section (1), the refere nce to "Ju dic ial Magistrate” sha ll be construed as a refe ren ce also to Execu tive Mag istra te ; (b) in sub-section(2),— (i) fo r the word "M agistra te” , at the first two places wh ere that word is preceded by the definite article, the word s "Ju dic ial Magistrate or the Execu tive Magistrate, as the case ma y be,” sha ll be su bs tit uted ; (ii) for the wor d "M agistrate ” , at the place where tha t wor d is preceded by the indefinite art icle "a ” , the words and brackets "Magistra te (whe ther Judicia l or Execu tive)” sha ll be su bs tit uted ; (iii) paragraph (c) of the proviso sha ll be omitted ; (c) sub-s ection (2A) sha ll be omitted ; (d) in sub-section (4), for the words "to the Chief Judicia l Magistrate ” , the words "w here such Mag istrate is a Judicia l Magistrate, to the Ch ief Judicia l Magistrate, and wh ere such Mag istra te is 32 THE ASSAM GAZETTE. EXTRAORDINARY. JAN. 29, 1983 an Execut ive Magistra te, to the Sessions Judge” sha ll be substituted . 2. In section 190 of the Code, in sub-sec tion (1), aft er the words "an y Magist rate of the first class”, the words "any Executive Magist rate ,” shal l be inserted . 3. In section 191 of the Code, the refere nce to "Chief Jud icial Magis tra te” shall, in relatio n to an offence taken cognizance of by an Executive Magistra te, be construed as a refere nce to the Dis tric t Magistrate . 4. In section 374 of the Code, in Clause (a) of sub ­ section (3), for the word s "Ma gist rate of the firs t class, or of the second class”, the word s "Magistra te of the first class, Executive Mag istrate or a Mag istrate of the second class,” sha ll be substituted . ZAIL SINGH, President- R. V. S. PERI SASTRI, Secre tary to the Govt, of India. AU HA TI—Prin ted and pub lish edl' by the Supdt. i/c. Assam Govt. Priming Press (Ex-Gazette) No .) 3—843 + 500—29-1-1983,