Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com UNION TERRITORIES (SEPARATION OF JUDICIAL AND EXECUTIVE FUNCTIONS) ACT, 1969 19 of 1969 [31st May, 1969] CONTENTS 1. Short title, extent and commencement 2. Definition 3. Amendments to Code of Criminal Procedure, 1898 4 . Amendments not to render invalid notifications, etc. before commencement of Act 5. Functions exercisable by judicial and executive Magistrates 6. Repeal of laws in transferred areas in Himachal Pradesh 7. Saving 8. Power to remove difficulties 9. Power of Legislative Assembly of Union territory to amend this Act SCHEDULE 1 :- THE SCHEDULE UNION TERRITORIES (SEPARATION OF JUDICIAL AND EXECUTIVE FUNCTIONS) ACT, 1969 19 of 1969 [31st May, 1969] STATEMENT OF OBJECTS AND REASONS "The Bill seeks to separate the judiciary from the executive in the matter of administration of criminal law in the Union territories except Chandigarh where the Punjab Separation of Judi- cial and Executive Functions Act, 1964, is already in force, and has been brought forward in com- pliance with the directive principles of state policy embodied in article 50 of the Constitution. The object is sought to be achieved by amendment of Code of Criminal Procedure, 1898, (vide clause 3 and the Schedule) by providing for the classification of the magistracy into judicial and Executive Magistrates and for the appointment of members of the judiciary as Judicial Magist- rates with the approval of the High Court. The Bill seeks to make changes in the various provi- sions of the Code with a view to giving effect to this calssification and contains the necessary tran- sitional and saving provisions. The Bill also sets out the respective cases other than those speci- fically covered by the proposed amendments to the Code, in which functions shall be exercisable under any law by Judicial and Executive Magistrates. Provision has been made in the Bill of the repeal of certain laws in force in areas transferred to Himachal Pradesh from Punjab so as to facili- tate the enforcement of the Scheme of the Bill in such areas. Power has also been taken for the removal of difficulties, if any, in giving effect to the provisions of the Bill after it becomes an Act. Under S.21 of the Government of the Union Territories Act, 1963, the Legislative As- sembly of a Union territory cannot amend any law enacted by Parliament after the commence- ment of that Act though the subject-matter of the law may be within the legislative competence of the. Assembly. Clause 9 of the Bill seeks to confer on the Legislative Assembly of a Union territory the power to amend this law in its application to the Union territory if it is considered necessary to do so."-Gaz. of Ind., 26-4-1968 Part II, S. 2, Ext., p. 468. 1. Short title, extent and commencement :- (1) This Act may be called THE UNION TERRITORIES (SEPARATION OF JUDICIAL AND EXECUTIVE FUNC- TIONS) ACT, 1969. . (2) It extends to all Union territories 1 except the Union territory of Chandigarh. (3) It shall come into force in a Union territory to which it extends on such date as the Central Government may, by notification in the Official Gazette, appoint in respect thereof: Provided that different dates may be appointed for different areas in a Union ter- ritory and any reference to the commencement of this Act in relation to a Union ter- ritory or an area therein shall mean the date on which it comes into force in that Union territory or area. 1. Extended to-U. T. of Delhi w.e.f. 20-10-1969 - See Gaz. of Ind., 17-9-1969, Pt. II, S. 3 (ii), Ext" p. 1273. U. T. of Goa, Daman and Diu w.e.f. 1-7-1971 - Gaz. of Ind., 22-5-1971 Pt. II, S. 3 (ii) Ext., p. 1893. 2. Definition :- In section 3 to section 9 , "Union territory" means any Union territory, other than the Union territory of Chandigarh. 3. Amendments to Code of Criminal Procedure, 1898 :- For the purpose of separation of judicial and executive functions, the Code of Criminal Procedure, 1898, shall in its application to a Union territory, be amended in the manner and to the extent specified in the Schedule. 4. Amendments not to render invalid notifications, etc. before commencement of Act :- The provisions of this Act which amend the Code of Criminal Procedure, 1898 so as to alter the manner in which, the authority by which, or the law under or in ac- cordance with which, any powers are exercisable, shall not render invalid any notifica- tion, order, commitment, attachment, bye-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, bye-law, role 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 duly made, issued or done after the commencement of this Act by the competent authority and in accordance with the provisions then applicable, to such case. 5. Functions exercisable by judicial and executive Magistrates :- Where under any law the functions exercisable by a Magistrate relate to matters which involve the appreciation or sifting of evidence or the formulation of any decision which exposes any person to any punishment, or penalty, or detention in custody pending investigation, inquiry or trial or would have the effect of sending him for trial before any Court, such functions shall, subject to the provisions of this Act and the Code of Criminal Procedure, 1898, as amended by this Act, be exercisable by a Judicial Magistrate and where such functions relate to matters which are administrative or executive in nature such as the grant of a licence, the suspension or cancellation of a licence, sanctioning a pro- secution, or withdrawing from a prosecution, they shall, subject as aforesaid, be exercis- able by an Executive Magistrate. 6. Repeal of laws in transferred areas in Himachal Pradesh :- On the commence- ment of this Act in the transferred areas in the Union territory of Himachal Pradesh, the Punjab Separation of Judicial and Executive Functions Act, 1964 and the Code Of Criminal Procedure, 1898, as in force immediately before such commencement in the said areas shall stand repealed except as respects things done or omitted to be done before such repeal under the said Punjab Act or under the provisions of the laws amended by the said Punjab Act and Section 6 of the General Clauses Act, 1897 , shall apply upon such repeal as if such repeal were a repeal of an enactment by a Central Act; and on such commencement, the said Code as amended by this Act shall extend to, and come into force in, the said areas and the provisions of the laws (other than the said Code) amended by the said Punjab Act shall have effect in the said areas as if such provisions had not been amended by the said Punjab Act. . Explanation.- In this section, "transferred areas" means the territories added to the Union territory of Himachal Pradesh by sub-section (1) of Section 5 of the Punjab Reorganisation Act, 1966 , except the territories comprised in the districts of Lahaul and Spiti. 7. 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 before the commencement of this Act; (b) any right, privilege, obligation or liability already acquired, accrued or incurred before such commencement; (c) any penalty, forfeiture or punishment incurred or inflicted in respect of any act before such commencement; (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 this Act and the Code of Criminal Procedure, 1898, as amended by this Act. (2) All legal proceedings pending before a Magistrate or Court immediately before the commencement of this Act shall, if such Magistrate or Court ceases to have jurisdic- tion in respect of such proceedings under the provisions of the Code of Criminal Procedure, 1898, as amended by this Act, stand on such commencement transferred to the Magistrate or Court having jurisdiction under the provisions of the Code Of Criminal Procedure, 1898, as amended by this Act and shall be heard and disposed of by such Magistrate or Court and such Magistrate or Court shall have all the powers and juris- diction in respect 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 8. Power to remove difficulties :- (1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government, in consultation with the High Court having jurisdiction in relation to the Union territory concerned, may, by order, do any- thing (including the specification of the appropriate Magistrate, whether judicial or executive, having jurisdiction under any law) not inconsistent with such provisions for the purpose of removing the difficulty: Provided that no such order shall be made after the expiration of three years from the commencement of this Act. Explanation.- In this section, "High Court" shall have the same meaning as in clause (i) of sub-section (1) of S.4 of the Code of Criminal Procedure, 1898. (2) Every order made under sub-section (1) shall be laid, as soon as may be after it is made before each House of Parliament. 9. Power of Legislative Assembly of Union territory to amend this Act :- Not- withstanding anything contained in Section 21 of the Government of Union Territories Act, 1963 , the Legislative Assembly of a Union territory may by law amend this Act in its application to that Union territory. SCHEDULE 1 THE SCHEDULE (See section 3 ) AMENDMENTS TO THE CODE OF CRIMINAL PROCEDURE, 1898