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Bombay Separation of Judicial and Executive Functions Act, 1951

Bombay Separation of Judicial and Executive Functions Act, 1951

The Bombay Separation of Judicial and Executive Functions Act, 1951

Bombay Act No. 23 of 1951

MH247

[5th July, 1951]

For Statement of Objects and Reasons see Bombay Government Gazette, 1951, Part V pp. 28-29; for Report of the Select Committee, see see Bombay Government Gazette.

LEGISLATIVE HISTORY 6

An Act to provide for the separation of Judicial and Executive functions in the State of Bombay.

Whereas it is expedient to provide for the separation of the performance of judicial and executive functions by officers in the State of Bombay; It is hereby enacted as follows :-

1. Short title, extent and commencement. - (1) This Act may be called the Bombay Separation of Judicial and Executive Functions Act, 1951.

(2) It extends to the whole of the State of Bombay.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, specify in this behalf.

2. Amendments to enactments. - 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 Bombay and the Bombay Acts specified in Part III of the Schedule are hereby amended to the extent mentioned in the fourth column of the Schedule.

3. Amendments not to render invalid notifications, orders, etc., issued before commencement of Act. - The provisions of this Act which amend any Act specified in the Schedule so as to alter the manner in 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, commitment, attachment, by-law, rule or regulation duly made or issued or anything 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 to such a case.

4. 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 in an area before the date on which the provisions of this Act come into force in such area;

(b) any right, privilege, obligation or liability already acquired, accrued or incurred before such date;

(d) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, penalty, forfeiture or punishment;

[and any such investigation, legal proceeding or remedy may be instituted, continued, or enforced and any such penalty, 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 enactments 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.]

Schedule

(Not printed)

(See section 2)

Notifications

G. N., H. D., No. 806/5-IV, dated 27th June, 1953 (B. G., Part I, page 8786) - In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Separation of Judicial and Executive Functions Act, 1951 (Bombay XXI1I of 1951), the Government of Bombay is pleased to specify the 1st July 1953 as the date on which the said Act shall come into force.

G. N., H. D., No. SRO. 1057/5329-111, dated 20th August, 1959 (B. G., Part IV-B, page 1153) - In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Separation of Judicial and Executive Functions (Extension) and the Code of Criminal Procedure (Provision for Uniformity) Act, 1958 (Bombay XCVII of 1958), the Government of Bombay hereby appoints the 1st day of September 1959 to be the date on which the said Act shall come into force.