REGISTERED No. D. 221 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 26] NEW DELHI, THURSDAY, SEPTEMBER 4, 1958/BHADRA 13, 1880 MINISTRY OF LAW (Legislative Department) New Delhi, the 4th September, 1958/Bhadra 13, 1880 (Saka) The following Acts of Parliament received the assent of the President on the 3rd September, 1958, and are hereby published for general information: — THE ALL-INDIA SERVICES (AMENDMENT) ACT, 1958 (No. 25 OF 1958) [3rd September, 1958.] An Act to amend the All-India Services Act, 1951. BE it enacted by Parliament in the Ninth Year of the Republic of India as, follows: —
1. This Act may be called the All-India Services (Amendment) Act, 1958. Short title.
2. In sub-section (I) of section 3 of the All-India Services Act, 1951, after the words "the States concerned", the words "including the State of Jammu and Kashmir" shall be inserted. 61 of 1951. Amendment of section 3.
( 171 ) 172 THE GAZETTE OF INDIA EXTRAORDINARY [PART U THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 1958 (No. 26 OF 1958) [3rd September, 1958.] An Act further to amend the Cede cf Criminal Procedure, 1898. BE it enacted by Parliament in the Ninth Year of the Republic of India as follows:—
1. This Act may be called the Code of Criminal Procedure (Amendment) Act, 1958. Short title
2. Section 93A of the Code of Criminal .Procedure, 1898 (hereinafter referred to as the principal Act), shall be omitted. Omission of lection 93A. 3 of 1K9B.
3. In Part III of the principal Act, after Chapter VII, the following Chapter shall be inserted, namely: — Insertion of new Chapter VIIA. "CHAPTER VIIA SPECIAL RULES REGARDING PROCESSES IN CERTAIN CASES
105A. (i) Where a court in the territories to which this Code extends (hereinafter in this section referred to as the said territories) desires that—
(a) a summons to an accused person, or
(b) a warrant for the arrest of an accused person, or
(c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it, or
(d) a search warrant, issued by it shall be served or executed at any place within the local limits of the jurisdiction of a court In the State of Jammu and Kashmir or a court established or continued by the authority of the Central Government in any area outside the said territories, it may send such summons or warrant in duplicate by post or otherwise, to the presiding officer of that court to be served or executed; and where any summons referred to in clause (a) or clause (c) has been so served, the provisions of section 74 shall apply in relation to such summons as if the presiding officer of the court to whom it is sent were a magistrate in the said territories. Special rules regarding procemet in certain casot. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 173
(2) Where a court in the said territories has received for service or execution—
(a) a summons to an accused person, or
(b) a warrant for the arrest of an accused person, or
(c) a summons to any person requiring him to attend and produce a document or other thing, or to produce it, or
(d) a search warrant, issued by a court in the State of Jammu and Kashmir or a court established or continued by the authority of the Central' Government in any area outside the said territories, it shall cause the same to be served or executed as if it were a summons or warrant received by it from another court in the said territories for service or execution within the local limits of its jurisdiction; and where—
(i) a warrant of arrest has been executed, the person arrested shall, so far as possible, be dealt with in accordance with the procedure prescribed by sections 85 and 86;
(ii) a search warrant has been executed, the things found in the search shall, so far as possible, be dealt with in accordance with the procedure prescribed by section 99.". 4 (/) The Code of Criminal Procedure (Amendment) Ordinance,
1958. is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act, as if this Act had commenced on the 5th day of June, 1958. 2 o{ 1958, , Repeal Jnd 11 vu g. G. R. RAJAGOPAUL, Secy, to the Govt. of India, PRINTED IN INDIA BY THE GENERAL MANAOER, GOVERNMENT OF INDIA PRESS, NEW DELHI AND PUBLISHED BY THE MANAGER Or PUBLICATIONS, DELHI, 1958.