THE BOMBAY SEPARATION OF JUDICIAL AND EXECUTIVE FUNCTIONS (SUPPLEMENTARY) ACT, 1954

BOMBAY ACT NO. VIII OF 1954,

[ February 1954]

An Act to supplement the provisions of the Bombay Separation of Judicial and Executive Functions Act, 1951.

WHEREAS it is expedient to supplement the provisions of the Bombay Separation of Judicial and Executive Functions Act, 1951; It is hereby enacted as follows

SECTION 01: SHORT TITLE. –

This Act may be called the Bombay Separation of Judicial and Executive Functions (Supplementary) Act, 1954.

SECTION 02: 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 hèreb3 amended to the extent mentioned in the fourth column of the Schedule.

SECTION 03: AMENDMENTS NOT TO RENDER INVALID NOTIFICATIONS, ORDER 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 thin 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.

1.For Statement of Objects and Reasons, see Bombay Government Gazette, 1953, Par’ V. page 656.

SECTION 04: 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) right, privilege, 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) 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.