The Punjab Separation of Judicial and Executive Functions Act, 1964

~ 1964 : Pb. Act 25 ] SEPARATION OF JUDICIAL AND 321 EXECUTIVE FUNCTIONS THE PUNJAB SEPARATION OF JUDICIAL AND EXECUTIVE FUNCTIONS ACT, 1964. (PuniaB AcT No. 25 oF 1964) ARRANGEMENT OF SECTIONS Sections L 2, 3. Short litle, extent and commencement. Amendments to enactments. Amendments not to render imvalid natifications, orders, etc., issued before commencement.of Act. Saving. 5. Power to remove difficulies. Repeal. THE SCHEDULE. 1964 : Pb. Act 25} SEPARATION QF JUDICIAL AND 323 EXECUTIVE FUNCTIONS ' 'THE PUNJAB SEPARATION OF JUDICIAL AND ' EXECUTIVE FUNCTIONS ACT, 1964. {Punsas AcT No. 25 oF 1964) [Received the assent of the President of India on the 29th Septembér, 1964, and first published for general " information Punjab Govermnent Gazette {Extraordinary), Legislative Supplement, of September 30, 1964.] 1 2 3, 4 “Year -| No. | Shorttitle Whether repealéd or ottierwise affected - » by Legislation : 1964 25 The Punjab Amended by the Haryana Adaptation of ) Separation of _ Laws (State and Concurrent Subjects) Judicial and’ Order, 19682 Executive Amended by Haryana Act 25 of 1972° Functions : o Act, 1964 AN Act to provide for the separation of judicial and executive fnnctions‘ in the State of {Haryana)® ) Beit enacted by the Legislature of the State of Punjab in the Fifteenth yearof the Republic of India as follows :— 1. (1) This Act may be called the Punjab Separation of Judicial and Short tide, Executive Functions Act, 1964. extent and commence- (2) Itextends to the whole of the State of [Haryana}?. ment. 1. For Statement of Objects and Reasons, see Punjab Governmem Gazete {Extraordinary), 1964, papes 935-937. 2. See Haryana Government Gazetie (Exiraordinary), dated the 29th October, 1968. pages 531-567. 3. For Staiement of Objects and Reasons. see Haryana Goternment Gazette - (Extraordinary), 1972, page 882. Amendments 10 enactments. Amendments not to render invalid notifications, orders, etc., issued before commencement of Act. Saving. 124 " SEPARATION OF mmcm. ‘AND ‘ (1964 : Pb. Act ‘25 EXECUTIVE FUNCTIONS (3). 1t shall come mto force on such *date as the State Govemment may by notification spacxfy in this behalf ; and different dates - may be specified for different areas. 2.. The Central Acts specified in Parts I and II of the Schedule appended to this Act (hereinafter called the Schedule) in their application to the State of '[Haryana] andithe Punjab Acts specified in Part il of the Schedule are hereby amended to the extent mentioned in the fourth column of the Schedule. o . 3. The provisions of this Act which amend any Act specified in the Schedule so as to alter the mannerin which, the authority by which, or the law under or in accordance with which, any powers are exercisable, shall, not render invalid any notification, order, commitmrrent, attachment, by-law, rule or regulation, duly riade or issued or aiything duly done before the commencement of this Act; and any such notification, order commitment, attachment, by-law, rule or regulation or thing may be revoked, varied or undone in the Like manner, to the like extent and in the like circumstances, as if it had been done after the commencement of this Act by the competent authority and in accordance with the provisions then applicable tosuch a case. - 4. (1) Saveas provided in this section, nothing in this Act shall be deemed to affeci— (a) the validity, invalidity, eftect or consequence of anything done or suffered to be donc before the date on which the provisions of this Act come into force ; (b) anyright,pri vilege; obligation or liability already acquired, accrued or incurred before such date ; (c) any penalty, forfeiture or punishment incurred or inflicted in respect of any act before such date ; (d) anyinvestigation, legal prouedingonemedy inrespectof suchright, privilege, obligation, liability, penalty, forfeiture orpunishment; ’ 1. Substituted for lthe word “Punjab” by the Haryana Adaptation of Laws Order, 1968. * The Act shall come into farce with effect from 2nd October, 1964 vide I-;ome (Judicial) Depariment No. G.5.R. 213/P.A. 25/64/S. 1/64, dated Ist October, 1964. 1964 : Pb, Act25] SEPARATION OF JUDICIAL AND 325 EXECUTIVE FUNCTIONS and any such investigation, legal proceeding or remedy may be instituted, continued, orenforced and any such peraity, forfeiture or punishment may be imposed in accordance with the provisions of the relevant enactments as amended by this Act. (2) All legal proceedings pending before a Magistrate or Court on the date on which this Act comes into force shall, if such Magistrate or Court ceases to have jurisdiction in respect of such proceedings under the provisions of the relevant enaciments as amended by this Act, stand transferred to the Magistrate or Court having jurisdiction under the provisions of the relevant enactments as amended by this Act and shall be heard and disposed of by such Magistrate or Court and such Magistrate and Court shall have all the powers and jurisdiction thereof as if they had been originally instituted before such Magistrate or in such Court, including the power of the succeeding Magistrate under section 350 of the Code of Criminal Procedure, 1898. 5. If anydifficuity arises in giving effect to the provisions of this Act, the State Government, in consultation with the High Court, may by order do anything, notinconsistent with such provisions and for the furtherance of the purposes of this Act which appear to it to be necessary or expedient for the purpose of removing the difficulty. 6. The provisions of the Patiala and East Punjab States Union Judicawre Ordinance, 2005 BK (Pepsu Ordinance 10 of 2005 BK), relating to the classes, constitution, powers, practice and procedure of criminal courts are hereby repealed : Provided that the repeal shall not affect— (a) the previous operation of any provision so repealed or anything duly done or suffered thereunder : or (b) anyright, privilege, obligation or liability acquired, accrued orincurred under any provision so repeaicd : or Power to remove difficulties, Repeal. 326 SEPARATION OF JUDICIAL AND [1964 : Pb. Act 25 - EXECUTIVE FUNCTIONS (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any provision so repealed ; or (d) any investigation,legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid ; and any such investigation, Icgal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed : Provided further that anything done or any action taken under any provision so repealed shall be deemed to have been done or taken under the corresponding provision of the Code of Crinimal Procedure, 1898, as amended by this Act, and shall continue to be in force accordingly unless and unti} superseded by anything done or any action taken under the said Code, as amended by this Act. A 1964 : Ph, Act25] . SEPARATION OF JUDICIAL AND 327 EXECUTIVE FUNCTIONS THE SCHEDULE - (See Section 2) PART L.— Tre Coor oF CRiMivaL PRoCEDURE, 1898, Year No. Short title ) Extent of Amendment 1 2 3 ) 4 1898 v Cade of Criminal 1. For section 6, the following shall be substituted. Procedurc, 1898. . namety:— . "6. Besides the Iligh Court and the Courts Classes of constituted under any law other than this Criminalcounts. Code for the time being in force, there shatl be two classes of Criminal Courts in the State of Punjab, namely:— : 1—Courts of Session, [I—Courts of Magistrates.”. 2. After section 6, the following shall be inserted, namely:— “A-L Classcs of Magistrates, 6-A. There shall be the following classes of Clasesof Magistrates. namely:— Magltrazs.. 1. Judicial Magistrates (1) Chief Judicial Magistrates. {2) Judicial Magistrates of the first class. (3) Judicial Magistrates of the second class. {4) Special Judicial Magistrates. II. Executive Magistrates (/) District Mogistrates. (2) Sub-divisional Magistrates. {3} Executive Magistrates of the first class. (4) Executive Magistrales of the sccond class.” 3. For section 7, the following shall be substituted, namely:— “7.(1) The State of Punjab shall consist of sessions Sessions divisions; and every sessions division shall. divisions and for the purposes of this Code, be a disuict disuicis. or part of a district or consist of districts. (2) The State Government, in consuitation with the High Court, may alter the limits or the number of such divisions and districts, (3) The sessions divisions and districts existing when the Punjab Scparation of Judicial and Exccutive Functions Act. 1964, comes into force shall be sessions divisions and districts respectively, unless and untit they are so altered. 328 SEPARATION OF JUDICIAL AND [1964 : Pb. Act 25 EXECUTIVE FUNCTIONS 4. In section 9.— (i) in sub-section (1), afier the words "sessions divisions, and”. the words “in consuliation with the High Court” shail be inserted; (if) in sub-scction (2). after the words “Siale Government”, the words "in consultation with the High Court” shall be inscried; {iii} in sub-section {3), afier the words "may also”, the words "in consultation with the High Court" shall be insened ; and (iv} in sub-section (4), after the words "State Government *, occurring twice, the words "in consultation with the High court” shall be inserted. 5. In section 10,— (i) in sub-section {1), for the words "a Magistrate”, the words "an Executive Magistrate” shall be substituted ; and after that sub-section as so amended. the following sub-scction shall be inserted. namely:— "(1A) In every district the High Court shall 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 tlime being in force."; (ii) in sub-section (2), for the words “any Magistrate of the first class to be an Additional District Magistrate™, the words “"any Executive Magistrate of the first class to be an Additional District Magistrate” shall be substituted ; and (iii) the marginal heading shall be substituted by the following, namely :— . “District Magistrate and Chief Judicial Magiirate”. 6. For section 12. the follawing shall be substituted. nemely:— *12. (1) The State Government may appoint as many Exccutive persons as i{ thinks fit besides ghe and Judicin District Magistrate, to be Executive Magistrues. Magistrate of the first or second class in any district, and the State Government or the District Magistrate, subject to the control of the State Government, may, from time 1o time, define local areas within which such persons may cxercise all or any of the powers with which they - may respectively be invested under this Code. 1964 : Pb. Act 25 ] SEPARATION OF JUDICIAL AND EXECUTIVE FUNCTIONS [ 2 k= 3 2 3 : 4 {2) The High Court may confer on any person who is a member of the Punjab Civil Service (Judicial Branch) the powers of any class of a Judicial Magistrate in any district ; and the High Count or the Chicf Judicial Magistrate, subject to the control of the High Court, may, from iime 10 iime, define local areas within which he may exercise al) or any of the powers with which he may be invested under this Code. 3 The State Government. in consaltation with the High Court. may, for such period not exceeding six months from the commencement af the Punjab Separation of Judicial and Executive Functions Act, 1964, as it may o . think {it, appoint as many persons, who are members : of the Punjab Civil Servcie (Executive Branch), as may be considered necessary to be Judicial Magistrates in any X o . district ; and the State Government, in consultation Ve B . with the High Court, may define local arcas within which such persons may exercise all or any of the powers with which they may, respectively be invested under this Code. (4) E;gcepl as otherwisc provided by such definition, the jurisdiction and powers of such persons shalf © i extend throughout such district. {5} The power of appointment of Judicial Magistrates " under sub-sections (2) and (3) shall, on the issue of a public rotification under Article 237 of the constitrtion of India, be exercised subjeci 10 the terms of the said notification.” . 7. in sub-section (7) of section-13, for the word . “Magistrate”, the words “Executive Magistrate™ shall _ be substiluted. ‘8. For section 14, the following shall be substituted, namely:— he State Government may, in consullation . Speciat with the High Count, confer upon Judicial any person who holds or has held - Magistaks. any judicial post under the Union . or a Stale, or passesses such other - ,qualifications as may. in consultation with the High Court, be specified in (his behalf 330 SEPARATION OF JUDICIAL AND [1964 : Pb. Act 25 EXECUTIVE FUNCTIONS t 2 3 . 4 by the State Government by notification in the Official Gazette, all or any of the powers conferred or conferable by or under this Code on a Judicial Magistrate in respect to particular cases or to a particular class of cases, or in regard 10 cases penerally in any local arca. Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term as the Statc Government may, in consultation with the High Court, by general or special order. direct." 9. For sub-section (/) of section 15, the following shall be substituted, namely:— *(1) The High Court may direct any rwo or more Judicial Magistrates in any place in (he State of Punjab to sit together as 2 Bench, and may by order invest such Bench with any of the powers confesred or conferable by or under this Code on a Judicial Magistrate of the first . or second class, and direct it to exercise such pawers in such cases, or, such classes of cases only, and within such local limits, as the High Court thinks fit." - 10. In section 16,— (i) for the words “The State Government may, or, subject lo the control of the Staie Government, the District Magistrate”, the words “The High Court, subject to the approval of the State Government”, shall be substiluted; and "(ii) for the words "Magistraics' Benches”, the ' © words "Judicial Magistratcs' Benches" shall : - - be substituted. 11. For section 17, the following sections shall be . substituted, namely:— 217, (1) All Judicial Magistrates appointed under- . Subordiunation of sub-sections (2) and (3) of section 12 ‘Assistant Sessious and section 14 and all Benches constituted under section 15, shall, subject to the control of the Sessions Sessions Judge Judge be subordinate to the Chief and Chief Judicial Judicial Magistrate, and he may, from T Magistrate. time to time, make rules or pive special orders consistent with this Code as 10 1964 : Pb. Act 25 ] SEPARATION OF JUDICIAL AND 331 EXECUTIVE FUNCTIONS 3 2 3 N 4 the distcibution of business among such Magistrates and Benches. (2) All Chief Judicial Magistrates shatl be subordinate to the Sessions Judge. (3) Al Assistant Sessions Judges shall be subordinate 1o the Sessions Judge in whose Court they exercise jurisdiction, and he may, from time to 1ime, make rules consistent with this Code as to the distribntion of business among such Agssistant Sessions Judges. (4) The Sessions Judge may also, when he himself is unavoidably absent or incapable of acting, make provision for the disposal of any urgent application by an Additional or Assistant Sessions Judge or, if there be no Additional or Assistant Sessions Judge, by the Chief Judicial Magistrate, and such Judge or Magistrate shall have jurisdiction to deal with any such application. 17-A. (/) All Executive Magistrates appointed under sub-scction 3 o * "+ Subordination of . E Ez“:“il:,‘:““ (1) of section 12 and section13 ‘ Magistrates. shall be subordinate to the District Magistrate and cvery RV B ) . .- Execurive Magistrative (other than a Sub- o RTINS . .« divisional Magistrate) exercising powers in a Sub-division shall also be subordinate to the Sub-divisional Magistrate, subject, hawever, to the general control of the District -Mapistrate. (2) The District Magistrate may, from lime to time, make rules or give special orders consistent with this Code as to the o PRI ditribution of business among the Executive ‘ Magistrates subordinate 10 him and as to a)location of business to an Additional ' District Magistrate. 17-B. Counts of Sessions and Courts of Judicia; and _.Couns ly;f;riur \0the Exefl»nn've Mngislrfues shall High Coun azd Coun be Criminal courls inferior lo ofSession. _ ___the High Court.and Courts of—- 332 SEPARATION OF JUDICIAL AND (1964 : Pb. Act 25 EXECUTIVE FUNCTIONS i 2 3 4 - . Judicial and Executive Magistrates shall be b S Criminal Courts infesior to the Court of Session.™ 12. In section 29-B, for the words "a District Magistrate or a Chief Presidency Magistrale, or by any Magistrate specially empowercd by the State Government”, the words "a Chiel Judiciat Magistrate or any other Judicial Magistrate specially empowered by the High Court” shall be substituted. . 13. For section 30, the following shall be sub- stituted, namely :— *30. Notwithstanding anything contained in section 28 Offences or section 29, the High Court may punishable with javest any Chief Judicial Magistrate or .. impdsoament 0ol any other Judicial Magistrate of the - » CXCeeding SR ot class with power o try as a Judical ) s o Magistrate all offences not punishable . with death or with imprisonment for life or with .. imprisonment for a term exceeding seven years : ... Provided that no Chief Judicial Magistrate or Judical 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 infesior to those “"of a'Magistrate of the first class.” _.~ 14. In the marginal heading of section 34, for the word "District”, the word "Judicial” shall be substituted. s _ ,¢y 15. In section 36, after the words "District Magistrate”, the words "Chief Judicial Magistrate shall inserted ; and for the words "Magistrates of the first, second and third classes” the words "Judicial and Executive Magistrates other Ihan Special Judicial Magistrate" shall be substituted. 16. For section 37 and 38 the following shall be ubstituted, namely :— sl "37': In 2ddition to his ordinary powers,— R (i) the High Court may invest any Judicial " dditional powers Magistrate with any of the powers as + conferable an specified in Part I of the Fourth Magistrates Schedule ; 1964 : Pb. Act25] SEP/RATION OF JUDICIAL AND 333 TXECUTIVE FUNCTIONS . 1 2 3 4 @) a Chief Judicial Magistrale may invest any other Judicial Magistrate within his locial jurisdiction with the powers specified in Part I of the Fourth Schedule ; (i) the State Government may invest any Executive Magistrale with any of the powers as specified in Part 11 of the Tourth Schedule = and (iv) a District Magistrate may invest any Executive Magistrate within his local Jjurisdiction with the powers specified in Part II of the Fourth Schedule. 38. The Pawer conferred by clause (ii) of section Brerci 37 shall be exercised subject Exercise of powers under g <ctjon 37.by Chief to the controf of the High Iudicial Magistrate or Courl and the power under Dilrict Magistaic ok clause (iv) of that section sc'bj“‘ toconiwal of High — opa) pe exercised subject to it or State Government. AN the control of the State - Government.” . 17. AfRer section 38, the following section shall " _be insercd, namely ~— "38A. Whenever, under any provisions of this Code or PowersonJudigy Of any 1aw for the time being in force Magismaestobe relating 10 any of the mauers specified confemed i in lists II and I1I of the Seventh Schedule _ consuliation with'he 1 ¢he Canstitution, any Judicial powers High Caurt. . are 1o be conferred on a Sessions Judge, or an Additicnal, or Assistanl Sessions Judge or a Chiefl Judicial Magstrate or any other Judicial Magistrate or any Magistrate is (o be specially empowered to exercise such powers, the orders conferring such powers or empowering the exercise of such powers shall be made by 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 High Court and such decision shall be final." 18. In sub-section (}) of section 39, for the words “the State Government”. the words “the State Gavernment ar the High Court, as the casc may be”, shall be substituted. 334 . SEPARATION OF JUDICIAL AND |l9€4 : Pb. Act25 EXECUTIVE FUNCTIONS 1 2 3 4 19. In section 40, for the words “the State Government”, occurring for the second time, the word “the State Government or the High Court, as the case may be." shall be substituted. 20, In section 41,— o L . ’ (i) in sub-section (). after the words "the State Government”, the words “or the High Count, as the case may be,” shall be insened; and (ii) for sub-scction (2), the following sub-section e shall be substituted, namely :— “f2) Any powess conferred by the Chief Judicial Magistrate or the District Mapistrate may be withdrawn by him.” 21. In sub-section (2} of section 57, for the words “a Mapistrate”, the words “a Judicial Magistrate having Jurisdiction™ shill be substituted. 22. In section 63, for the word “Magistrate” the words “Magistrate having jurisdiction” shall be substituted. ' 23 For sub-section (1) of section 78, the following shall be substituted, namely ~— “(1) A District Magistrate or a Chief Judicial ‘Magisrate or a Sub-divisionul Magisirate or any other Judicial Magistrate of the first class may direct a warrant to any land-holder, farmer or manager of Jand within the area of his jurisdiction for the arrest of any escaped convicl, proclaimed offender or person who . has been actused of a non-bailable offence, and who has eluded pursuit.” 24. In section 88.— {a) in sub-section (2), after the words"District Magistrate”, the words “or Chief Judicial Magistrate” shafl be inserted; (b) in.sub-section (6B), after the words District Magistrate”, the words “or Chief Judicial Magistratc” shall be inserled; (c) for the proviso to sub-section (6C). the following proviso shall be substituted 1964 : Pb: Act 25 | SEPARATION OF JUDICIAL AND 335 EXECUTIVE FUNCTIONS namely — “Provided that if it is preferred or made in the Colrt of a District Magistrate, or nay othec Executive Magistrate, such Magistrate shall sefer it to the Chief Judicial Magistrate who shall " make it over for disposal 10 any Judiciat Magistrate of the first class subordinate to him, and such Judical Magistrate shall have all the powers and jurisdiction in respeet of such claim or objection as if the order of attachment had been issued by such Judicial Magistrate and the claim or objection had been originally preferred or made before him™. 25. In section 95, ater the words “District - Magisirate”, wherever occurring, the words “Chief Judicial Magistrate™ shall be nsened. 26. In sub-section (2) of section 96, after the words, “District Magistraie™, the words “or Chiel Judicial Magistrate” shall be inserted. 27. In section 98, after the words “District Magistrate”, wherever occurring, the words “Chief Judicial Magistrate” shall be inserted. 28. Insub-section () of section 106, for the words “Court of a Presidency Magistrate, a District Magistrie, a Sub-Divisional Magistrate or a Magistrate™, the words “Court of a Chief Judicial Magistrate or any other Judicial Magistrate™ shall be substituted. 29. Insections 107,108, 109 and 110, for the words “Magistrate of the first class™, the words “Executive Magistrate of the first class™ shall be substituted. 30. Insection 124.— (i} for the words “Chief Presidency Magistrate™, wherever accurring, the words “Chief Judicial Magistrate™ shall be substituted; -and (ii) in sub-section (2) for the words “Chief Presidency”, the words “Chief Judicial Magistrate™ shall be substituted. 336 SEPARATION OF JUDICIAL AND EXECUTIVE FUNCTIONS [1964.: Pb. Act 25 - 2 3 4 . 31 In seélion 125, for the words “Chief Pre- sidency™ the words “Chief Judicial Magistrate™ shall be substituted. 32. Insection 126, — {i} in sub-section (I), for the words “lo a Presidency Magistrate, District Magistrate, Sub-divisional Magaistrate or Magistrate of the first class”, the words “to the Court by which an order was made to give sccurity” shall be substituted ; and (ii} for sub-scction (2}, the following shall be substitwed, namely :(— “(2) On such application being made, the Court shall issue summons or warrant, as it may think fit, requiring the person for whom such surety is bound to appear or to be brought before it."” 33. In sections 127, 128,129, 130, 131 and 132, for the word “Magistcate”, wherever occurring, the words “Executive Magistrate” shall be substituted. 34. In section 133.— (i) in the opening paragraph of sub-section (/) and in sub-section (2}, for the word “Magistrate", the words “an Executive Magistrate” shall be substitated ; and (ii} in the closing paragraph of sub-section (7). for the words “Magistrate of the [irst or second class”, the words “Exccutive Magistrate™ shall be substituted. ¢ 35. In section 143, for the words “any other * -Magistrate”, the words “any other Exccutive Magistrate™ shall be substituted. 36. In sub-section (1) of section 144, for the words and brackets “any other Magistrate (not being a Magistrate of the third class)", the words "any other Executive Magistrate” shall be substituted. 37. In sub-section (/} of section 145 and sub- section (1) of section 147, for the words “Magistrate of the first class” the words “Executive Magistrate of the “first class” shall be substituied. 1964 : Pb. Act 25 | SEPARATION OF JUDICIAL AND 337 EXECUTIVE FUNCTIONS 1 2 3 4 38. In sub-section (7) of section 155, the words"having power to iry such casc or commit the same for trial” shall be added ar the end. 39. Insub-section {/) of section 164, for the words "Presidency Magistrate, any Magisirate of the first class and any Magistrate of (he second class specially empowered inthis behalf by 1he State Government™. the words “Judicial Magistrate of the first class or any Judicial Magistrate of the second class speciully empowered in this behalf by the High Court" shail be substituted. 40. ansection 167,— (i) for the proviso 10 sub-section (2), the following shall be substituted, namely :-- Provided that ao Exccutive or Judicial Magistrate of the second class not specially empowered in this behalf by the State Govemment or the High Count, as the case may be, shall authorise detention in the custody of the police” ; and (i) for sub-section (4), the following skall be substituted, namely :— “@) If such order is given by an Executive Magistrate other than the District Magistrate or Sub-divisonal Magistrate, he shall forward a copy of his order, with his reasons for making it, to the Mapgistrate to whom he is immediately subordinate and if such order -is given by a Judicial Magistrate, he shall forward a copy of his order, with his reasons for meking it, to the Chief Judicial Magistrate.” 41. Insub-section (1) of section 170, for the words “District Magistrate or Sub-divisional Magistrate”, the wards "Chief Judicial Magistrate” shall be substituted. 42. [nsub-scction {5) of section 174, for the words “Magistrate of the first class and any Magistratc”, the words “Executive Magistrate of the first class and any other Executive Magistrate™ shall be substiwted. 43. In sub-section (1) of section 186, for the words “a Presidency Magistrate. a District Magistrate, a Sub-divisional Magistrate or, if he is specially cmpowered in this behall by Lhe Staie Government, a Magistrate ol the first class”, the words "a District 338 SEPARATION OF JUDICIAL AND {1964 : Pb. Act25 EXECUTIVE FUNCTIONS | 2 3 4 . Magiswrate, a Chief Judicial Magistrate, a Sub-divisional Magiswrate, or, if he is specially empowered in thisbehalf by the State Government or the High court, as the case may be, an Executive or a Judicial Magistrate of the first class” sha)l be substituted. 44. Insub-section{/}of section 187, for the words “a Presidency Magistrate or District Magistrate, such Magistrate shall send the person arrested to the District or Sub-divisional Magistrate", the words "a District Magistrate or Chief Judicial Magistrate, such Magistraie shall send the Person arrested to the District or Sub-divisional Magistrate, or, as the casc may be, o the Chief Judicial Magisume" shall be substituted. 45. Insection 190,— (i) in sub-section (/), for the words "any Presidency 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-section (2}, for the words “State Government, or the District Magistrate subject to the general oc special orders of the State Government, may empower any Magistrate”, the words “High Court, or the Chief Judicial Magistrate subject to the general or special orders of the High Court, may empower any other Judicial Magisirate™ shall be substituted ; and (iii) in sub-section {3), for the words "State Government may empower any Magistrate" the words "High Court may empower any Judicial Magistrate” shall be substituted. 46. In section 192,— {i) in sub-section (1), for the words “Any Chief Presidency Magistrate, District Magistrate or Sub-divisional Magistrale”. the words “Any Chief Judicial Magistrate”" shall be substituted: and (ii) in sub-section (2), for the words "District Magistrate”, the words “Chicf Judicial Magistrate” shall be subtiwted. 1964 : Pb. Act25] SEPARATION OF JUDICIAL AND 339 EXECUTIVE FUNCTIONS : 1 2 3 4 47. Insub-section (2) of section 193, for the words "the State Governmenc”, the words “the High Court” shall be substituted. 48. In sub-section (1) of section 206, for the words and brackets “Anry Presidency Magistrate, District Magisirate, Sub-divisional Magistraie or Magistrate of the first class, or any Magistrate (not being a Magistrate of the third class) empowered in this behalf by the State Govermment™, the words “Any Chief Judicial Magistrate or a Judicial Magistrate of the tirsi class or any Tudicial Magistrate of the second class empowered in this behalf By the High Court” shall be substituted. 49. In section 249, for the words™a Presidency Magistrate, 2 Magisirate of the firsi clay, or, with the previous sanciion of the District Magistrate, any othcr 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. 50. In the opening paragraph of sub-section (1) of section 260, for clauses (a), (b) and (c), the following ¢lauses shall be substiated, namely:— “(a) the Chiel Judicial Magistrate, (h) any Judicial Magisiraie of the first class specially empowered in this behalf by the High Court, and {c) any Bench of Judicial Magistrates invested with the powers of a Judicial Magistrate of the first class and especially empowered in this behalf by the High Court”, 51. In section 261, for the words "State Government may confer on any Bench of Magistrates invested with the powers of 2 Magistrate of Ihe second or third class”, the words “High Court may confer on any Bench of Judicial Magistrales invested with the powers of a Judicial Magistrate of the second class™ shall be substituted. 52. In scctian 263, for the words “the State Government”, the words "the High Courl” shail be substituted. 340 SEPARATION OF JUDICIAL AND {1964 : Pb. Act 25 EXECUTIVE FUNCTIONS 1 2 3 4 - 53. In sub-section'(2) of sectinn 265, for the words “The State Government may authorise any Bench of Magistrates”, the words "The High Court may authorise any Bench of Judicial Magistrates” shall be substituted. 54. Insub-sections (/) and (2) of section 269, afier the words "State Government”, the words. "in consultation with the High Cdurt"shall be inserted. §5. Insection 337,— i) in sub-section (), for the words “a Presidency Magistrate, a Sub-divisional Magistrate or any Magistraie of the first class™, the words “a Chief Tudicial Magistrate, a Sub-divisional Magjsirate or any Judicial Magistrate of the first class™ shall be substituted; and (i} in the provise o sub-section (1), for the words "District Magisirate”,” occuring twice, the words "Chief Judicial Magistrate” shall be substituted. 56. Insub-scction {7} of section 346, ulter the words "District Magistrate”, the words “ar the Chief Judicial Magistrate, as the case may be" shall be inserted. 57. Insecction 349,— {1) In sub-section (1) — fa) for the words “a Magistrate of the second or third class”, the words "a Judicial . Magistrate of the second class” shall be substituted; and (b) for the words "District Magistrate or Sub- Divisional Magistrate”, the words “Chief Judicial Magistrat” shall be substituted; and (ii) in sub-section (1-A), for the words “District Magistrate or Sub-divisional Magistrate”, the words "Chief Judicial Magisirate” shall be substituted. 58. 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 subslituted. 1964 : Pb. Act25] . SEPARATION OF IUDICIAL AND 341 EXECUTIVE FUNCTIONS 1 2 3 4 - 59. For section 406A, the following shall be substituted, namely:— “406-A. Any person aggrieved by an order refusing Appeal fromardec L0 accept or rejecting a surety under refusing 1o acoept section 122 may appeal against such or rejecting a - sunty, arder to the Court of Session™. 60. In scciion 408, for the words "a District Magistrate or any other Magistrate, or any person sentenced under section 349 or in respect of whom an order has been made or a sentence has been passed under section 380 hy any Magistrate”, the words “or a Judicial Magistrate or any person sentenced under section 349 or in respect of whom an order has been made or a sentence has been passed under section 380 by a Judicial Magistrate” shall be substituted. 61. In section 409,— (i) in the proviso to sub-section (1), the words “or 1hird” shall be omitted: and (ii) in sub-section (2), for the words "State Government", the words "High Court™ shail be substituted. 62. In scction 413, for the words “or District Magistrate or other Magisirate”, the words “or Chief Judicial Magistrate or other Judicial Magistrate™ shall be substituted. 63. Tn sub-section (1) of section 428. for the word “‘Magistrate”, occurring twice, the word: “Judicial Magistrate™ shall be substituted. 64. In scction 425, {i) in sub-section {7}, for the words “or District Magislrate, or any Sub-divisional Magisirate empowered by (he State Government in this behaif”, the words “or Chiet Judicial Magistrate™ shall be substituted; and (ii} for sub-sections (2) and (4), the following sub-sections shalf be substituted, namely:— 342 SEPARATION OF JUDICIAL AND EXECUTIVE FUNCTIONS [1964 : Pb. Act 25 4 “@ 3} 4) The District Magistrate or any Sub- divisional Magistrate empowered by the State Government in this behalf, may call for and examine the record of any proceeding before any subordinate Executive Magistrate for the purpose of satisfying himself as to the comeciness, legality or propricty of any order recorded or passed and as to the regularity of any proceedings of such subordinate Magistrate and may, when calling far such recard, direct that the execdtion of any order be suspended and if the persun is in confivement that he be released on bail on his own bond pending the examination of the record. If any Sub-divisional Magistrate acting under sub-section (2) considers thal any such proceeding or order is illegal or improper he shall forward the record with such remarks thereon as he thinks fit to the District Magistrate. “The High Court may call for and examine the record of any procesding under sections 118, 122. 143, 144 or 145, notwithstanding the fact that such proceeding was hefore an Lxecutive Magistrate. if s o U, b-section (1) has been made either to the Sessions Judge or the Chief Judicial Magistrate ao further application shall be entertained by the other of them”. 65. For section 436, the following shall be substituted, namely:— “436.(1) On examining any record under section 435 Power to anler Inguiry. or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himslef or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magisirate may himself make, or direct any subordinate Magistrate to make, further inquiry into any complaint which 1964 : Pb. Act 25 )] ssmu"non OF JUDICIAL AND 143 EXECUTIVE FUNCTIONS 2 3 4 - has been dismissed under section 203 or sub- section (3) of section 204, or into the case of amy person accused of an offence who has been discharged: Provided that no Court shall make any direction under this sub-section for inquiry into the case of any persan who has been discharged unless such pecson has had an opportunity of showing causc why such dircction should not be made. {2} On examining any record under section 435 or atherwisc, the District Magistratc may dircct any Sub-divisional Magistrate or any other Magistrate subordinate to him to make, and the Sub-divisional Maigstrate may himself make or direct any subordinate Magistrate to make, further inquiry into any proceeding in which an order of release or discharge has been made under section 119: Provided that no District Magistrate shall make any dircction under this sub-scction for further inquiry into the case of any person unless suchi peison hias had an Oppu ity of showing cause why such direction should not be made”. 66. in section 437, for the words "or District Magistrate”, occurring thrice, the words "or Chief Judicial Magistrate” shall be substituted. 67. insection 438.— (i) for the words "or District Magintrate”, the words "or Chief Judicial Magistrate" shall be substituted; and (i) after sub-section (2), the following sub-section shall be added. namely:— "(3) On cxamining under section 435 or othewise the record of any proceeding.— (1} if such proceeding is in respect of an order made under section 118, section 122, section 143, section 144 or section 145 and the District Magistrate thinks that the order made in such proceeding shouid be SEPARATION OF JUDICIAL AND 11964 : Pb. Act 25 EXECUTIVE FUNCTIONS 4 reversed or altered, he shall report for the arder of the High Court the result of such examination; (2) if such proceeding is in respect of an order made under any other section, then in the case of such proceedings the District Magistrate may, subject to the provisions of sub-section (2) of section 436, exercise any of the powers conferred on a Court of Appeal by scctions 423, 426,427 and 428." 68, In section 479, for the words "Presidency Magistrate, District Magistrate or other Magistrate”, the words "Chief Judicial Magistrate or any other Judicial Magisurate” shali be substituted. 69. In sub-section (/) of section 488, for the words “District Magistrate, a Presidency Magistrate, a Sub-divisional Magjstrate or a Magistrate”, the words “"Chief Judicial Magistrate or any other Judicial Magistrate" shall be substituted. 70." For section 515. the following shall be substituted, namely:— om §14 by any Appeal from, and Magistrate shall be appealuble to the revision ol, oress Gegsions Judge, or, if not so appealed, under section 514. " may be revised by b 71. In section 524,— (i) in suh-section (1), for the words “Magistrate of the firs © Magistrate of the first cl: substuuted; and ve snali be {ii} in sub-section (2), for the words "ta the Court to which appeals against sentences of the Court passing such order would lie”, the words "to thc Sessions Judge™ shall be substituted. 72. In section 528,— (i) in sub-section (2), — (a) for the words "Any Chief Presidency Magistrate, District Magistrate or Sub- divisional Magistrate”, the words “The Chaef Judicial Magistrate” shall be substituted ; and 1964 : Pb. Act 251 SEPARATION OF SUDICIAL AND 345 EXECUTIVE FUNCTIONS 1 2 3 - 4 (b) for the marginal heading, the following shall be substtuted, namely:—— "Chief Judicial Magistrate may withdraw or refer cases”; and (ii) after sub-section (3), the following sub-section shall be inserted, namely:— - “(3-A) Where the District Magistrate authorised undcr sub-scction {3) withdraws any case from any Magistrate subordinate to him, he may inquire into or iry such case himself or refer it for inguiry or trial to any other Magistrate subordinate to him - - and competent to ingnire into or try the same". 73. In section 552. after the words “District Magistrate”, the words "or Chief Judicial Magistrate" shall be inserted. 74. Insub-section (2) of scction 559, for the words “the Chief Presidency Magistrale in a Presidency-town, .ad the District Magsitrate outside such towns”, the words “the Chiel Sudicial Magistrate in the case of Judicial Magistrates Mag; Magistrates” shall be substituted. . 75, In section 561, for the words “a Chief Presidency Magistrate or a Districl Magistrate”, wherever occurring the words “a Chief Judicial Magistratc” shall be substied. St 9, In tic proviso 10 sub-section (i) of seviion, 562— (i) forthe words “Magistrate of the ihird class, or a Magistrate of the second cluss not specially empowered by the Staie Government™, the words “Judicial Magistrate of the sccond class not specially empowered by the High Court” shall be substituted ; and (i} for the words “Magistrate of the first class or Sub-divisional Magistrale™, the words “Judicial Magistrate of the first class” shall be subsltituted. 346 SEPARATION OF JUDICIAL AND [1964 : Pb. Act 25 EXECUTIVE FUNCTIONS : 3 4 77. Insection 565,— (i) in sub-section (1), for the words "Presidency Magistrate, District Magistrate, Sub-di Magistrate or Magistrate”, the words "Chief Judicial Magistrate er any other Judicial Magistrate” shall be substiluted; (i) in sub-section (3), after the words "State Goverpnient”, the words "in consullation with the High Court" shall be inserted ; and (@) n sub-section (5), for the word ”Ma\gisu'ale', the words “Judicial Magistrare” shall be -~ substituted. 78. InSchedulell, in column 8,— {i) for the word "Magistrate”, wherever occurring except in the expression “presidency Magistrate”, the words “Judicial Magistrate®, and for the words “Any Magistrate”, wherever wecutring, the words “Any Judiciai Magismate” snall be substituted; (i) for the entry relating 10 section 124A, the following entry shall be substituted, nameijy: "Court of Session, Chiel Judicial Magistrate or any other Judicial Magistrate of the first class specially empowered by the High Courtin that behalf” ; and (@i} 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. 1964 : Pb. Act 25 ] SEPARATION OF JUDICIAL AND 347 EXECUTIVE FUNCTIONS 4 79. For Schedules 111 and [V, the following Schedules shall be substituted, namely:— "SCHEDULE I (See section 36) ORDINARY POWERS OF STATE MAGISTRATES 1—Ordinary Powers of a Judicial Magistrate of the second class (1) Power lo arrest or direct the arrest of, and 10 commit to custody, a person commitiing 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. (%) Power 10 issue proclamations in cases judicially before hirm, section 87. (5) Power to attach and sell property and to dispose o ciaims or vbjeciions 10 anached property, section 88. {6) Powci ia resiore aulached properiy., section 89. {7} Power to require search ro he made for letrers and lelegrams, szction 95, (8) Power 1o issue search warcant, secion 96. {9} Power ta endorse a searel warrant and order delivery of thing found, section 99. (19) Puwer (0 order the police to investigate an - offence in cases in which the Magisuaie hus 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. 348 SEPARATION OF JUDICIAL AND [1964 : Pb. Act 25 EXECUTIVE FUNCTIONS 1 2 3 . 4 (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 take evidence on commission, section 503. {15) Power (o recaver farfeited bond for appearance before Magistrate’s Court, section 514 and to require fresh security, section 514A, (16) Power to make order as 10 custody and disposat of properly pending inguiry or teial, section 516A. {17) Power o make order as to disposal of property, section 517. (18} Power toscll praperty of a suspected character, - section 525. {19) Power to require affidavit in suppost of application, section 539A. (20() Power to make incal inspection, section 530R 1. —Ordinary Powers of a Judicial Magistrate of the first ciass. (/) The ordinary powers of a Judicial Magistrate of the sccond class. (2) I'ower io direct warrant io land-holders, section 78. (3) Power 10 issue search warrant otherwise than in due course of an inquiry. section 98. {4) Power 1o issue search warrant for discovery of persons wrangfully confined, section 100. {5) Power to require execution of a bond, section 106. (6) Power o discharge sureties. sections 126 and 126A. {7) Power to record statements and confessions during a police-investigation, secticn 164. 1964 : Pb. Act25) SEPARATION OF JUDICIAL AND 349 EXECUTIVE FUNCTIONS 4 (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 prncécdings when no coraplainant, section 249. (11} Power to tender pardon to 2ccomplice during inquiry into case by hiruself, section 337, (12} Power to make orders of maintenance, sections 488 and 489. (13) Power 10 recover penalty on forfeited bond, section 514. (14) Power 1o require {resh securily, section 514A. (15) Power to recall case made over by him Lo another Magistrate, section 528(4). (16} Power to make order as o first offenders. section 562. (17} Power to order released convicts to notify residence, scction 565. H1.+Ordinary Powers of a Chief Judicial Magistrate. (1) The ordinary powers of 3 Judicial Magistrate of the first class. i2j Po Dy (3) Power o require dedivery of deilers, telegrams, etc., section 95. (4) Power to issue search warrants for documents in custedy of postal or telegraph authorities, section 96. (5) Power to release persons imprisoned for failing to give securily under section 106, seclion 124 (6) power to cancel any bond for keeping the peace under section 106, section 125. (7) Power 10 order police investigation into a cognizable case, section 156, 350 SEPARATION OF JUDICIAL AND [1964 : Pb, Act 25 EXECUTIVE FUNCTIONS 1 2 3 4 {8) Power (0 issue process fora person within local jurisdiction who has committed an offence outside the local jurisdiction, section 186. {9} Power to entertain complains, section 190. (10) Power to receive police reports, section 190. (i1) Power 1o entertain cases without complaint, section 190, {I2) Power to transfer cases o a Subordinale Magistrale, section 192. (13) Power to order preliminary investigation by a police officer not below the rank of an Inspector in cerlain cases, section [96B. (14) Pawer to try summarily. scction 260. (15) Power to 1ender pardon to accomplice at any siage of a case, section 337. (16) Powe: to pass sentence on proceedings recorded by a Subordinate Magistrate, section 349. - (17) Powertocall for records, section 435. {18) Powertoorder inquiry, section 436, (%) Power to order commitment, section 437. £20) Power 1o report a casc to High Court. scction 438, . - {21) Power © aw cases and i Wy of fefer them for trial, section 528. (22} Power to compel restoration of abducted female, scction 552, 1IV.—Urdinary Powers of an Executive Magistrate of the second class. (1) Power to arest or direct the arrest of, and © commit to custody, a person committing an offence in his presence, section 64. (2) Power 10 arresl, or direct the arrest in his presence of, an offender. section 65. 1964 : Pb. Act 25 | SEPARATION OF IUDICIAL AND 351 EXECUTIVE FUNCTIONS 4 {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, section 87. (5) Power to attach and sell properiy, section 88. (6) Power (o require search tu be made for letters and telegrams, section 95. (7) Power 1o issne search warrant, section 96. {8) Power to endorse a search warrant, and order delivery of thing found, section 99. (9) Power to command unlawful assembly to disperse, section 127. {10) Power to use civil force to disperse unlawful assembly, section 128. (11) Power 1o require military force to be used to disperse unlawful assmebly. section 130. (12) Power to authorise delention not being detention in the custody of the police of a person during a police investigation, section 167, (13) Power 10 1zke evidence on Commission, section 503. (14) Power 1o recover forfeited bond for befue N ey Court, section 5i4 and to require fresh scurity. section S11A. (15) Power to make order as to disposal of property, section 517, (16) Power to scll property of a suspected character, section 525. V.— Ordinary Powers of an Executive Magistrate of the first class. (1) The ordinary powers of an Execulive Magistrate of the second class. {2) Power to issue search warrant otherwise than in course of an inquiry, section 98. 352 SEPARATION OF JUDICIAL AND [1964 : Pb. Act 25 EXECUTIVE FUNCTIONS . 1 2 3 4 - {3) Power Io issue search warrant for discovery of persons wrongfully confined, section 100. (4) Power to require securily to keep the peace, section 107. "(5) Power io require sceurity for 200d behaviour, section 109, (6) Power to discharge sureties, sections 126 and 126A. (7) Power to make orders as to local nuisances, section 133. (8) Power to make orders, etc., in possession cases, sections 145; 146 and 147. (9) Power (o authorise detention of a person in the custody of the police during a police investigation, section 167. {10) Pawer ta hold inquests, section 174, ({1) Power to recover penalty on forfeited bond seclion S14. (12) Power to require fresh sccurity, section 514A. VI.—Ordinary powers of a Sub-divisional Magistrate. (1) The ordinary powers of an Exective Magistrate of the first class. Ciowamaits tu sand-holders section /8. (3) Power 1o require security for good behaviour, section 110. (4) Power to make orders prohihiting repetitions of nuisances section 143. (5) Power 10 make orders under section 144. (6) Power 10 depute Subordinate Executive Magistrate to make local inquiry, section 148. {7) Power to issuc process for person within local jurisdiction who has committed an offence outside the local jurisdiction, section 186, 1964 : Pb. Act25] SEPARATION OF JUDICIAL AND 353 EXECUTIVE FUNCTIONS 4 {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-divisional Magistrate. (2) Power to require delivery of letters, telegrams, eic., section 95, {3} Power to issue search warrants 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 behaviour, section 124, (6) Power 1o cancel hand for keeping the peace, section 125. (7) Power to arder preliminary investigatior. by police vfficer nat helow the rank of Inspector n certain cases, sectian 1968. (&) Power to tender pardon to acomplice at any stage of a case, scetion 337, (9} Power to call for and examine rccords, section 435 (2). (10} Power le dircet further inquiry into proceedings, efc.. seciion 436 (2). {11) Power (o report to Iligh Court, section 438 3). {12) Power to appoint person to be Public Prasecutor in particular case, section 492 (2), (13) Power to compel restoration of abducted female, section 552. 354 SEPARATION OF JUDICIAL AND [1964 : Ph. Act 25 EXECUTIVE FUNCTIONS SCHEDULE [V (See section 37) ADDITIONAL POWERS WITH WHICH STATE MAGISTRATES MAY BE INVESTED PART T {A) By igh Court Powers with which a Judicial Magistrate of the first class may be invested. (1) Power (o try juvenile offenders, section 29B. {2) Pawer to issue process for person within focal Jjurisdiction who has committed an offence outside the local jurisdiction, section 186. (3} Power 1o take cognizance of offences upon complaint, section 190. (4) Power lo take cognizance of offences upon police reports, section 190. (5) Power 1o take cognizance of offences without complaint, section 190. {6} Power 1o try summarily, section 260. (7) Power to try cases under section 124A of the Indian Penal Code. Powers with which a Judicial Magistrate of the second class may be invested. ) (2j Power iu 1eeoid sidicnienits and cuniessions during a police investigation, section 164. (3) Power 10 authorise detention of a person in the custody of the police during a police investigation. section 167. 4) Power lo take cognizance of offences upon complaint, section 190. (5) Power to take cagnizance of offences upon police reports, section 190. (6) Power to take cognizance of offences without complaint, section 190. 1964 : Pb. Act 25 SEPARATION OF JUDICIAL AND 355 EXECUTIVE FUNCTIONS 1 2 3 . 3 {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. {1) Power (o lake cognizance of offences npon complainl. section 190. (2) Power to take cognizance of offences upon police reports, section 190. (3) Power to uansfer cases, section 192. Powers with which -any Judicial Magistrate of the sccond class may be invested. (1) Power to take cognizance of offences upon complaint, section 190. " (2) Pawer to take cognizance of offences upon N police reporls, section 190. (3) Power 10 stop proceedings instituted otherwise than upon complaint, section 249. PART 1 (A} By State Governmenl— Powers with which an Executive Magisirate of the first class may be invested. {1) Power to make nrders prohibiting repetitions of nuisances. section 143, (2) Power to make orders under section 144. (3) Power to issue process for person within local jurisdiction who has commiticd an offence outside the local jurisdiction, section 186. {4) Power to sell property alleged or suspected w have been stolen, ete., seclivn 524. Powers with which an Executive Magistrate of the second class may be invested. {1) Power 10 make orders prohibiting repetitions of nuisances, section 143. (2) Power to make orders under section 144. 356 SEPARATION OF JUDICIAL AND - [1964.: Pb. Act 25 1 2 3 ) 3 (3) Power 10 authorise detention of a person in the custody of the police during a police investigation, section 67. {4) Powecr (0 hold inquests, section 174. Powers with which a District Magistrate may be invested. Power to withdraw cases and (a kry or refer them for trial, sub-sections (3) and (34 of section 528. Powers with which a Sub-Divisional Magistrate may be invested. Power to call for records of inferior Countand to forward them to District Magistrate, sub-sections (2) and (3) of section 435. (B) Ry the District Magisirate— Powers with which any Executive Magistrate of the first class may be invested. -(1) Power 1o make orders prohibiting repetition of nuisances, section 143. (2) Power to make orders nnder section 144. Powers with which any Executive Magistate of the second class may he invesied, (1) Power o make orders prohibiting repetitions of Nuisances. section 143. {2) Powerto make orders under section 144, (3) Power to hold inquests, section £74." PART II—OTHER CENTRAL ACTS 1860 21 The Sociclir.s‘lza,. 1n section 21, for the words “a Magistrate™, the words “a RISLENON AT, 1860, . v Judicial Magistratc” shalt be substimted. 181 3 ‘The Police Act, 1861 L in section 29, the words “beforc a Magistrale” shall be omitted. 2 In seciion 32, the words "before u Magistrate™ shall be omitted. 3. In the opening paragraph of section 34, the words “before Magistrate” shall be omitted. 1964 : Pb. Act 25 ] SEPARATION OF JUDICIAL AND 357 3 4 1867 1867 1871 18%4 1897 1 9 8 ‘The Public Gambling Act,1867. The Press and Registration of * The Catlle Trespass Act, 1871 The Metal Tokens Act, 1889. The Prisons Act, 18%4. The Reformatory Schools Act, 1897 In section 7, for the words “before the same or any other Magistrate”, the words “before any Judicial Magistrate” shall be substituted. In sections 12, 13, 14, 15 and 154, 1he words "before a Magistrate” shall be omitted. . Tn section 20, for the words “a Magistrate of the District or any Magistrate authorised to receive and try charges without reference by the Magistrate of the Districr”, by the - words “the Chief Judicial Magistrate or any other Judicial o () [© Magislrate « authorised to receive sud try charges without reference by the Chief Judicial Magistrate™ shall be substituted. In seclions 24, 26 and 27, the words "before a Magistrate” shall be omitted. In section 5, in sub-section (2), the words “beyond the limits of a Presidency Town™, and the words “‘except a District Magistrate or Sub-divisional Magistrate”, shall be omitted. In section 52,— for the words "District Magistrate or of any Magistrate of class or Presidency Magisirate”, the words “Chief fwaic ot any vilier judicial Magisinsie of the shal! be substituted; and for the first proviso, the following namely:— be substituted, "Pravided that any such case. may he transferred for inquiry and a tial by tie Chicl Jud Magistrate to any other udiciai Magistrate of the first ciass”, . in sub-section (2) of section 8, for the words brackets and letter "a District Magisirate and (b) any Magistrate specially empowered by the Statc Govar; he words, brackets and letter "a Chief Judicial Magistrate and (b} any other Judicial Magistrate speciaily empowered by the High Couri” shali be substituted. . In sub-section (1) of section 9, for the words "District Magistrate”, the words "Chief Judicial Magistrate” shall be substiruted. . In section 10, for the words “District Magistrate”, the words "Chief Judicial Magistrate” shall be substituted. 358 SEPARATION OF JUDICIAL AND ) -[1964 : Pb. Act 25 EXECUTIVE FUNCTIONS 1 2 3 4 4. In sub-section (2) section 11, for the words "District Magistrate"sthe words "Chief Judicial Magistrate” shall be substituted. 3. In section 31, in sub-sections (4) and (5), for the words "District Magistrate", the words "Chief Judicial Magistrate™ shall be substituted. - ni 10 The Prevention of L. Tn sub-section (2) of section 4, for the words "Magistrate of Scditions the first class”, the words “Executive Magistrate of the first Meetings Act, class" shall be substituted. 1. . P - - P - 91 2. In section 8, for the words “Presidency Magistratc or of & Magistrate of the firsi class or Sub-divisicnal Magistrate”, the words "Judicial Magistrate of the first class” shall be substituted. 916 7 ‘The Indian Medical In section 8, for the words “a Magistrate” the words “a Degrees Act, 1916. Judicial Magistrate” shall be substituted. 917 1 The Inland Steam- 1. In clause (b) of sub-section (1) of section 33, for the vessels Act, 1917, words “District Magistrate”, the words “Chief Judiciat Magistrate” shall be substituted. 2. In sub-section (1) of section 35, for the words "District Magistrate”, the words "Chief Judicial Magistrate” shall be substiluted. 3. Tn clause (b) of section 38. for the words "District Magistrate”, the words “Chief ju Ivagisoare” shaii be substituted. 111920 33 The Iden! ton In & of Prisoners Act, 1920. tion 5, (a) for the words "a Magistrate”, the words "an Executive Magistrate" shall be substituted; and (b) in the first proviso, for the words "A Magistrate of the firt class”. the woids "an Exccutive Magistratc of the first class” shall be substituted.} 1922 22 The Police (incitement In sub-section (1) of section 6, for the words “Magistraic to Disaffection) of the First Class™, the words "Judicial Magistrate of the Act, 1922. First Class” shall be substituted. 1923 19 The Indian Official In sub-section (1} of section 13.— Secrets Act, 1923. (a) for the words "a Magistrate”, the words “Judicial Magistrate” shall be substituted : and "Iaserizd by Haryzuz ActNo, 25 oF 1972, 1964 : Pb. Act 25 SEPARATION OF JUDICIAL AND 359 EXECUTIVE FUNCTIONS . 1 2 3 - 4 {(b) for the words "which is inferior to that of a District or .\ Presidency Magistrate”, the words "or that of the Chief “ Judicial Magistrate” shall be substituted. 1927 16 The Indian Forests In section 67, for the wards "The District Magisurate or any Act, 1927, Magistrate of the first class specially empowered in this behalf by the State Government”, the words “The Chief Judicial Magistrate or any other ludicial Magistrate of the first class specially empowered in this . behalf by the High Court” shall be substitoted. 192 19 TheChild Marriage In section 8, for the words “a Magistrate”, the words Restraint Act, 1929, “a Judicial Magistrate” shall be substituted. 1932 2B TheCriminal Law Tn clause (i) of section 9, for the words “a Magistrate of the Amendment Act, 1932 first class”, the words “Judicial Magistrate of the firstclass” shall - be substituted. 1940 23 The Drugs and In sub-section (2) of section 32, for the words Cosmetics Act, “"a Magistrate”, the words "a Judicial Magistrate” sha) 1940. be substituted. i 1955 32 The Prisoners In sub-section {3) of section 3, for the words "Magistrate (Aticndance in of the first class”, the words "Judicial Magistrate of the Courts) Act, 1955. first class" and for the words "District Magislrate”, the wards "Chief Judicial Magistrare” shall he substituted 1955 42 The Prize Compe- In sectinn 18, for the wards "a Magisirate”, the words titions Act, 1955. "a Judicial Magistrate” shall be substituted. 1956 104 The S‘uppressiun of 1n section 22. for the words " a Magistrate as defined in Immoral Traffic in clause {c¢) of scction 2", the words “a Chief Judicial ‘Women and Girls Mnglstrala or any other Judicial Magistrate of the first Acr, 1056, < wered by the figh O 4 he snbsmuled PART 11 i Putias AcTs 1905 3 The Punjab Minar In section 71, for the words "Magistrate of such class Canals Act, 1905. as the State Government”, the words "Judicial Magistraie of such class as the High Court” shall he substituted. 1911 3 The Punjab Municipal 1. In sub-section (1) of section 165 and subsection (1) of Act, 1911 section 166, for the word "Magistrate”, the words "Judicial Magistrate” shall be substituted. 2. In section 192-A, the words "by a Magistrate” shall be omitted. 360 SEPARATION OF JUDICIAL AND [1964 : Pb. Act 25 EXECUTIVE FUNCTIONS 2 3 4 1912 1914 1916 1918 1918 5 The Colonization of Government Lands (Punjab) Act, 1912. 1 The Punjab Excisc Act, 1914 3 The Punjab Medical Registration Act, 1916 S5 TheRestriction of Habitual Offeaders (Punjab) Act, 1918. 6 The Punjab Courts Act, 1918, In sccliqn 33, the words "by any Magistrate” shall be omitted. . In section 3, clausc (75) shall be omitted. In clause (2) of the proviso to section 50, for the word "Magistrate”, the words “Judicial Magistrate” shail be substituted, . In section 54— fa) in sub-section (2), for the words "a Magistrate”, . the words "an Executive Magistraie™ shall be substituted; and (h) insub-section (3), tor the words “any Magistraic”, the words “any Executive Magistraie” shall be substituted. . In section 75, for the word "Magistrate”, occurring twice, the wards “Judicial Magistrate” shall be substituted. In section 23, for the word "Magistrate”, the words “Judicial Magistrate” shall be substitted. ) . For section 13, the following shall be substituted, namely ;- - "13. .Any person against whom an order of resiriction Appeal. has been passed under this Aci may prefer an appeal,— fa) to the District Magistrate, if such order has been made by an Executive Magistrate subordinate to him; (b} to the Chief Judicial Magistrate, if such order has been made by a Judicial Magistrate subordinate tehim ; (c) to the courl of Session, if such order has been made by the District Magistrate or the Chief Judicial Magstrate ; (d} 10 the High Court, in any other case.” In sub-section (I) of section 17, for the words “a Magistrate", the words "a Judicial Magistrate” shall be substituted. After sub-section () of section 22, the following sub-section shall be added, namely :— "(2) The High Court may confer on any Judicial Magistrate the powers of such class of Subordinate Judges as it may deem fil to be SEPARATION OF JUDICIAL AND 361 1964 : Pb. Act 25 } EXECUTIVE FUNCTIONS ] 2 3 4 - exercised by the Judicial Magistrate within such local area as the High Court may define." 1918 7 The Punjab Juvenile L In section 3, the words "by a Magistrate” shall be Smoking Act, 1918. omitted, 2. For section 5, the following shall be substituted, namely :— "5. The High Court may conier vn any Beich of Summary Judicial Magisirates, invested with the Jurisdiction, powers of a Judicial Magistrate of the second class, powers (0 try summarily any offence under this Act." 1918 8 The Punjab Village In section 8, for the word “Magistrate”, the words "Executive and Small Towns Magistrate” shall be substituted. Patrol Act, 1918, 1922 4 The Punjab Town 1. In section 80. the wt’)rds "by a Magistrate” shall be omitted. zztm;;ez';m‘ 2. Insub-section (1) of section 84, for the word "Magistrate”, . the words “Judicial Magistrate” shall be . substitated. JL The Punjab Motor In sub-section (2) of section 16, for Lhe vord Vehicles Taxation "Magistrate”. the words "Judicial Magistrate” shall be Act, 1924, substituted. 1926 10 The Good Conduct In sub-section (1) of section 7, the words “by a Magistrate” Prisoners shall be omiited. Probationzl Re lease Act, 1926 1926 1L ThePunjab Borstal 1. Ingection 5.— Act, 1926, (a) in sub-section (1). for the words "Magistrate of the first class”, occurring twice, the words "Iudicial Magistrate of the first class” shall be substituted; () in sub-section (2), for the words "any Magistrate", the words “"any Judicial Magistrate " and for the words "District Magistrate”. the words "Chiel Judicial Magistrate” shall be substituted; and {c) insub-section (3), for the words “District Magistrate”, the words "Chiel Judicial Magistrate” shall be substituted. 362 SEPARATION OF JUDICIAL AND [1964 : Pb. Act 25 EXECUTIVE FUNCTIONS L 2 3 4 2 In section 23, the words "before a Magistrate” shall be omitted. 1929 8 ‘The Punjab Purc Tn sub-section (2) of section 8, the words by a Magistrate™ Food Act, 1929. shall be omitted. 1932 1 The Punjab Nurses Tn section 17, section 23 and section 24, for the words "by a Regisiration Act, Magistrate of the first class”, wherever occurring. the words 1932, “by a Judicial Magistrate of the {irst class™ shall be substituted. 1341 7 The Punjab Suppression In section 3, for the words "Magistrate of the first class”, of Indecent Advertise- the words "Executive Magistrate of the first class™ shall mcals Act, 1941 be subsiituied. 1942 7 The Music in Muslim In section 5, for the word "Magistrate”, the words “Judicial Shrincs Act, 1942. Magistrate” shall be substituted. 1948 8 The East Punjab In section 8, for the word "Magistrate”, the words “Judicial Refugees (Registralion Magistrate” shall be substituted. of Claims) Act, 1948. 1948 12 The East Punjab In sub-section (1) of section 9. for the word"Magistrate™, Refugees the words "Judicial Magisurate” shall be substituled. (Registration of Land Claims) Aci, 1943, 1948 13 The Cast Punjab In section (1) of sectioi 8, for the word"Magistraie”, the (Cxchange of words “Judicial Magisuaie” shaii be substinned. Prisoncrs)Act, 1948. t7 Punjzd Liveswek In Seetios , for the words and Rirds Diseases or a Magistrate of the second class sepecially Act, 1948, empowered in this behalf by the State Government”, the words "Judicial Magistrate of the first class, or a Judicial Magistrate of the second class specially empowered in this hehalf by the High Ca: hall be subsunted 1949 4 The East Punjab In sub-section (3) of section 4 and section 9. the words Agricultural Pests, “by a Magistrate”, wherever occrring shall be omitted. Diseases and Noxious Weeds Act, 1949. 1949 39 The East Punjab . In section 6,— Children Act, 1949 (2) in clause (¢}, for the words a District Magisurate”, the words "a Chi be substituted ; ) 1964 : Pb. Act25] SEPARATION OF JUDICIAL AND 363 EXECUTIVE FUNCTIONS 1 2 3 4 (b) clause (d) shall be omitted ; . (c) in clause (f), for the words "Magistrate”, the words "Judicial Magistrate” shall be substituted ; and (d) in clause (g), the words "in consultation with the High Court” shall be added at the end. 1In section 7. for the words "Disirict Magistrate or Sub-~ Divisional Magistrate”. the words "Chief Judicial Magistrate” and for the word "Magistrate”, wherever . occuering, the words “fudicial Magistrate” shall be substituted. ». N 3. In the proviso to sub-section (1) of section 8, for the word "Magistrate”, wherever occrring, the words “"Judicial Magistrate” shall be substiruted. 4. In section 22, for the word "Magistraie”, wherever occurring, the words "Judicial Magistrate” shall be substituted. 5. In sub-section (3) ol section 59, for the words "Magistrate 1 of the . first class”, and the words “such Magistrale”, the words “Judicial Magiswate of the first class”, and the words “such Judicial Magistrzic” respectively, shall be substituied. 6. In sub-section (1) of section 60,— (a) after the words “State Government”. the words "in consultation with the High Court" shall he inscried; and (b) for the word "Magistrate”, the wards "Judicial M. (a) in clause (a). for the words "Magistrate of the second or third class”, the words “Judicial Magistrate of the second class” G- shall be substituled; and for the words *District Magistrate” the words "Chief Judicial Magistrate™ shatl be substituied; and (b) 1nclause (b), for the word "Magistrate", the words “Judicial Magistrate" shall be substituted. 1951 10 The Punjab L. In scction 7, for the word " Magistrate”, wherever Development of occurring, the words "Judicial Magistrate” shall be Damaged Areas substituted. Acl. 1951. 364 SEPARATION OF JUDICIAL AND [1964 : Pb. Act 25 EXECUTIVE FUNCTIONS . 1 2 3 4 2 In section 32, for the word "Magistrate”, the words “Judicial Magistrate™ shall be substituted. 1952 12 ThePunjab Habitual 1. In the proviso to section S, for the words "a Magistrate” Offenders (Control the words “a Exccutive Magistraie” shall be substituted. and Refom) AL 2 In the provisa t sub-section (2) of section 7. for the 1952. words "a Second Class Magistrate™, the words “an Executive Magistrate of the second class” shall be substituted. 3. In sub-section (1) of section!D, for the word “Magistrate”, the words "Executive Magistrate” shall be substituted. 1952 16 The Punjab Passengers Tn sub-section (2) of section 17, for the words "a and Goods Taxation Magistrate”, the words "a Judicial Magistrate” shall be Act, 1952, substituted. 1953 1 The Punjab New Tnsection 13, for the word "Mapgistrate” the words "Judicial Capial” (Periphery) Magistrate” shall be substinuted. Control Act, 1952, 1953 4 The Punjub Gram 1. Insection 15,— Panchayat Act. 1952, (@) in sub-section (2}, for the words "a Magistrale™, the words "an Executive Magistrate” shall be substituted ; and {b) in sub-sections (4) and (5), for the word "Magistrate”, the words "Judicial Magistrate” shall be subsliluted. 2. In the proviso to scction 41 and section 45, for the words "District Magistrate” the words "Chief Judicial Magistrate” shal! be substituted. 3. In sub-section (3) of section 48, lor the word “Magistrate”, occurring twice, the words "Judicial Magistrate” shall be substituted. . I the marginal heading of section 51, and in sub-section (1) thereof, for the words "District Magi the words "Chicf Judicia! Magistrate” shall be substituted. 5. Tn sub-section (2) of section 67, for the words "District Magistrate”, the words "Chief Judicial Magistrate” shall be substituted. i 6. In sub-section (4) of section 73, for the word “Magistrate”. the words “Judicial Magistrate” shall be substituted. 1964 : Ph_ Act 251 SEPARATION GOF JUDICIAL AND 365 EXECUTIVE FUNCTIONS 1 2 3 4 7. Insub-section (1) of section 74 and section 73. for the words “District Magistrate”, the words "Chicf Judicial Magistrate" shall be substituted. 8. In sub-seciion (2) of section 79, for the word "Magistrate”, the words “Judicial Magistrate" shall be substituied. 9. In section 93, for sub-section (3). the following shall be substituted, namely:— "(3) The Chief Judicial Magistrate rnay delegate any of e finst - 10. Inclause (c) of sub-section (2) of section 103, for the words "District Magis , ihe words "Cuief Jugdiciat le” shall be substiwied. 1933 4 The Punjab Sugarcane (n sub-section (3) of section 18, for the word (Regulation of Purchasc ate”, the wordg ", and Supply) Act, 1953. substituted. 1953 4 ThePunjab Vaccination Insection (4,— Act, 1953. 2l Magistrate” shall be (a) for the words "Magistrate authorised by him", the words "Exccutive Magistrate authorised by him” shall be substituted : and (b) for the words "ihe Magistrate shall deal with the disobedience”, the words “the Magistrate shall forward the case to a Judicial Magistrate for deaiing with the disobedience" shall. be substituted. 1955 2 The Punjab Cotton In section 17,— Ginning and Pressing Factories {a) in sub-sectian (1), tor the words "Magistrate of the ‘first class”. the words “Executive Act, 1953. Magistrate of the first class” shall be substituted ; and (b) in sub-section (2), for the words "Magistrate of the first class", the words “Judicial Magistrate of the first class” shall be substituted. 1955 15 The Punjab Enter- In sub-section (2) of section 15, for the waords tainments Duty “Magistrate of the first class”, the words "Judicial Act, 1955, Magistrate of the first class” shall be substituted. 1958 10 The Punjab Electricity In clause (c) of section 11, the words "before a (Duty ) Act, 1958, Mapistrate” shall be omitted. 366 SEPARATION OF JUDICIAL AND [1964 : Pb. Act 25 EXECUTIVE FUNCTIONS 1 2 3 4 1958 15 The Punjab Shops In sub-section (1) of section I8 and sub-section (2) of and Commercial section 22, for the word "Magistrale™, wherever occurring, Establishments Act, the words "Judicial Magistrate" shall be 1958. substitated. 1958 2 The Nangal Township In section 13, for the word "Magistrate”, the words (Periphery) Coutrol “Judicial Magistrate” shall be substituted. Act, 1958, 1958 2 The Punjab Weights 1o sub-section (2) of section 38, for the word and Measures (Enfor- “Magistrate", the words “Judicial Magistratc” shall bc cement) Act, 1958. substituted. 1964 5 The Punjab Compulsory In sub-scction (1) of scction 6, the words "by a Magistrate” Service Act, 1961. shall be omitted. 1961 13 ThePunjabFruit In sub-section (2) of section 14, for the word Nurseries Act, 1961 "Magistrate”, the words “Judicial Magistrate” shall be : substituted. 1961 24 ThePunjab Slum Tn section 34, for the word "Magistrate”, the words “Judicial Areas (Improvement Magistrate” shall be substituted. and Clearance) Act, 1961. 1961 25 The Punjab Co- Socictics Act. 1961. substituted. 1961 3 The Talwarz Township In section 13, for the word “Magistrate”, the words "Judicial . {Perighery) Control Mapisizaic" shall be substituted. Act, 1961. 1963 24 The Puniab Gift In sub-section (2) of section 4. for the word "Magistrate"_ Goods (Unlawful the words "Judicial Magisirate” shall be swhstituted, Possession) Acy, i3, - 1963 4! The Punjab Scheduled In section 15, for the word “Magistrate”, occurring Roads and Controlled twice, the words “"Judicial Magistrate” shall be Areas Restriction of substituted. Unrcgulated Develop- ment Acl, 1963. 1963 42 The Punjub Ayurvedic In sub-section (1) of section 33, for the word and Unani-Practitioners "Magistrate”, the words "Judicial Magistrate” shall be Act, 1963, substituted. 1964 20 The Punjab Ancient and In sections 31 and 33, for the word "Magistrate”, the Historical Monuments and Archaeological Sites and Remains Act, 1964 words”Judicial Magistrate” shall be substituted.