Code of Criminal Procedure (Assam Amendment) Act, 1964

Code of Criminal Procedure (Assam Amendment) Act, 1964

The Code of Criminal Procedure (Assam Amendment) Act, 1964

Assam Act 13 of 1964

Last Updated 11th February, 2020 [ass128]

Published in the Assam Gazette, Extraordinary, dated the 3rd July, 1964.

[Received the assent of the President on the 26th June, 1964]

An Act further to amend the Code of Criminal Procedure, 1898 in its application to the State of Assam

Preamble. - Whereas it is expedient further the amend the Code of Criminal Procedure, 1898 (hereinafter referred to as the Code) in its application to the State of Assam, for the purposes and in the manner hereinafter appearing ;

It is hereby enacted in the Fifteenth Year of the Republic of India as follows:

1. Short title, extent and commencement. - (1) This Act may be called Code of Criminal Procedure (Assam Amendment) Act, 1964.

(2) It shall apply to the State of Assam.

(3) It shall come into force at once.

2. Substitution of Section 13 of the Code. - For Section 13 of the Code, the following shall be substituted, namely:

"13. (1) The State Government may appoint as many persons as it thinks fit to the Sub-divisional Magistrates in any district in the State of Assam.

(2) The State Government, or subject to the control of the State Government, the District Magistrate may place one or more Sub-divisional Magistrates in charge of a sub-division."

3. Repeal and saving. - (1) The Code of Criminal Procedure (Assam Amendment) Ordinance, 1964 (Assam Ordinance No. 11 of 1964), is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Code of Criminal Procedure (Assam Amendment) Ordinance, 1964 shall be deemed to have been done or taken under this Act as if this Act had commenced on the Tenth day of February, 1964 (the date of promulgation of the Ordinance).

Amendment of Section 2. - Section 13 of the Code of Criminal Procedure, 1898, is now amended by virtue of Code of Criminal Procedure, 1973, Section 13 of the old Code, which is now being substituted read as follows:

"13. Power to put Magistrate in-charge of Sub-division. - (1) The State Government may place any Magistrate of the First and Second Class in-charge of a sub-division, and relieve him of the charge as occasion requires.

(2) Delegation of powers to District Magistrates. - Such Magistrate shall be called Sub-divisional Magistrate.

(3) The State Government may delegate its powers under this section to the District Magistrate."


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