The Assam Executive Magistrates (Temporary Powers) Act, 1983
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# The Assam Gazette
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## EXTRAORDINARY

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#### PUBLISHED BY AUTHORITY

sr 7 fH’fsra, *t£h h , 29 1983, 9 1904 (*t^)

**No. 7** **Dispur, Saturday, 29th January, 1983, 9th Magha,**

**1904 (S. E.)** **___**

GOVERNMENT OF ASSAM

### ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT : LEGISLATIVE BRANCH

### NOTIFICATION

The 29th January 1983

No. LGL. 175/82/10.—The following Act made by the President

and published in the Gazette of India, Extraordinary, Pa rt II of

Section I, dated 29th Jan uary, 1983 is republished for general infor­
mation.

D. C. SARMA,

6

Secretary to the Govt, of Assam,

Judicial & Legislative Departm ent.

Name of Act No. of A ct Da te of assent

The Assam Executive President’s ?.8th January , 1983
Magistrates (Temporary Powers) Act 1 of 1983.

Act, 1983,


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30 THE ASSAM GAZETTE, EX TRAO RD INAR Y, JANU ARY 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 President in the Thirty-fourth Year of the Re­

public 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 Executive Magistrates in that State for a temporary**
**period.**

In exercise of the powers conferred by section 3 of

the Assam State Legislature (Delegation of Powers) Act,

**25 of 1982.** 1982, the President is pleased to enact as follows ;—

Short title J (i) This Act may be called the Assam Executive

*e\c«m°Tt7" Magistrates (Temporary Powers) Act, 1983.

(2) It shall come into force at once and shall cease to

have effect on the expiry of a period of three months
thereafte r and section 6 of the Assam General Clauses Act,

Assam Act 1915 shall apply to such cesser as if such cesser were a

2 of 1915 repeal of an Act of the Legislature of the State of Assam

by another Act of that Legislature.

**Definitions** 2. In this Act, unless the context otherwise requires,—

(a) "Code” means the Code of Crim inal Procedure,

2 **of i974,** 1973 jn jt s application to the State of Assam;

(b) "Executive Magistrate” means an Executive Magis­

trate in the State of Assam ; and

(c) words and expressions used herein and not defined,

but defined in the Code shall have the meanings
respectively assigned to them in the Code.

Conferment 3. (1) Notwithstanding anything to the contrary con-

oi temporary tained in the Code, the Executive Magistrates may, in

Executive” addition to the Judicial Magistrates, exercise powers of

Magistrates, remand under section 167 pf the Code.

(2) Notwithstanding anything contained in the Code,

the Executive Magistrates shall, to the exclusion of any

oth er Magistrate, have power to take cognizance of, and
try and dispose of cases relating to,—

**45 of 1860.** (a) offences under the Indian Penal Code or any other

law for the time being in force punishable with
imprisonment which may extend to six months or
with fine or with both ;


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THE ASSAM GAZETTE, EXTRAORDINARY, JAN. 29, 1983 3l

(b) other offences, being offences punishable under

Chapter VIII (Offences against the public tranqui­
lity), and Chapter X (Contempts of the lawful

authority of public servants), of the Indian Penal

**45** of **1860.** Code :

Provided that no sentence of imprisonment for a term

exceeding six months shall be passed by an Executive

Magistrate 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 subject to the modifications specified in the
Schedule and subject to such other modifications as may be
necessary.

(4) Nothing in this section shall apply to cases relating

to offences taken cognizance of under the Code before the
commencement of this Act.

THE SCHEDU LE

[See section 3 (3) 1

**Modifications in the Code**

1. In section 167 of the Code,—

(a) in sub-section (1), the reference to "Judicial

Magistrate” shall be construed as a reference also
to Execu tive Magistrate ;

(b) in sub-section(2),—

(i) fo r the word "Magistrate” , at the first two places

where that word is preceded by the definite

article, the words "Judicial Magistrate or the

Execu tive Magistrate, as the case may be,” shall
be substituted;

(ii) for the word "Magistrate”, at the place where

that word is preceded by the indefinite article
"a ”, the words and brackets "Magistrate (whether
Judicial or Execu tive)” shall be substituted;

(iii) paragraph (c) of the proviso shall be omitted ;

(c) sub-section (2A) shall be omitted ;

(d) in sub-section (4), for the words "to the Chief

Judicial Magistrate”, the words "where such

Magistrate is a Judicial Magistrate, to the Chief
Judicial Magistrate, and where such Magistrate is


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32 **THE** ASSAM GAZETTE. EXTRAORDINARY. JAN. 29, 1983

an Executive Magistrate, to the Sessions Judge”
shall be substituted.

2. In section 190 of the Code, in sub-section (1), after

the words "any Magistrate of the first class”, the words
"any Executive Magistrate,” shall be inserted.

3. In section 191 of the Code, the reference to "Chief

Judicial Magistrate” shall, in relation to an offence taken
cognizance of by an Executive Magistrate, be construed as
a reference to the District Magistrate.

4. In section 374 of the Code, in Clause (a) of sub­

section (3), for the words "Magistrate of the first class, or
of the second class”, the words "Magistrate of the first

class, Executive Magistrate or a Magistrate of the second
class,” shall be substituted.

ZAIL SINGH,

**President-**

R. V. S. PERI SASTRI,

Secretary to the Govt, of India.

AUHATI—Printed and publishedl'by the Supdt. i/c. Assam Govt. Priming Press

(Ex-Gazette) No.) 3—843 + 500—29-1-1983,


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