Union Territories (Separation of Judicial and Executive Functions) Act, 1969
No: 19 Dated: May, 31 1969
THE UNION TERRITORIES (SEPARATION OF JUDICIAL AND EXECUTIVE FUNCTIONS) ACT, 1969
ACT NO. 19 OF 1969
An Act to provide for the separation of judicial and executive functions in Union Territories. BE it enacted by Parliament in the Twentieth Year of the Republic of India as follows:—
1. Short title, extent and commencement.—(1) This Act may be called the Union territories (Separation of Judicial and Executive Functions) Act, 1969.
(2) It extends to all Union territories except the Union territory of Chandigarh.
(3) It shall come into force in a Union territory to which it extends on such date1 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 territory and any reference to the commencement of this Act in relation to a Union territory or an area therein shall mean the date on which it comes into force in that Union territory or area.
2. Definition.—In sections 3 to 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, 18982 (5 of 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, 18982 (5 of 1898), 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, 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, 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 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, 18982 (5 of 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 prosecution, or withdrawing from a prosecution, they shall, subject as aforesaid, be exercisable by an Executive Magistrate.
6. Repeal of laws in transferred areas in Himachal Pradesh.—On the commencement of this Act in the transferred areas in the Union territory of Himachal Pradesh, the Punjab Separation of Judicial and Executive Functions Act, 1964 (Punjab Act 25 of 1964) and the Code of Criminal Procedure, 18981 (5 of 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 (10 of 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 (31 of 1966), except the territories comprised in the districts of Lahaul and Spiti.