(1) The Central Government may, by notification in the Official Gazette and subject to such conditions and limitations as may be specified therein, empower—
(a) the Commissioner of Police to exercise and perform in relation to Delhi the powers and duties of an Executive Magistrate and of a'Distriat Magistrate under such of the provisions of the Code of Criminal Procedure, 1973, as may be specified in the notification;
(b) any officer subordinate to the Commissioner of* Police (not being an officer below the rank of an Assistant Commissioner of Police) to exercise and perform in relation, to such areas in Delhi as may be specified in the notification the powers and duties of an Executive Magistrate under such of the provisions of the said Code as may be specified in the notification.
(2) Every officer subordinate to the Commissioner of Police shall, in the exercise and performance of any powers and duties which he is empowered to exercise or perform under sub-section (1), be subject to the general control of the Commissioner of Police in the same manner and to the same extent EUS an Executive Magistrate appointed unden section 20 of the said Code would be subject to the general control of the District Magistrate appointed under that section.
(3) The Commissioner of Police or any officer subordinate to him shall not be subject in the exercise and performance of any powersi and duties which he is empowered to exercise and perform under sub-section
(2), to the general control of the District Magistrate appointed under section 20 of the said Code.
(4) The provisions of this section shall have effect notwithstanding anything- contained in the said Code, 2 of 1974.
In default of claim, pioperty to be at disposal of the Administrative.
Power of Central Government to authorise Commissioner of Police and certain other officers to exercise powers of District Magistrates and Executive Magistrates under the Code of Criminal Froce.
dure,
1973.
3o4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II—
71. Every notification made by the Central Government under section 70 shall be laid, as soon as it is made, before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or both Houses agree that the notification should not be made the notification shall thereafter have effect only in such modified form or be of no effect as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.
72. (/) The notification of the Government of India in the Ministry of Home Affairs No. S.O. 224 (E), dated the 30th March, 1974, under section 478 of the Code of Criminal Procedure, 1973, shall cease to have effect and accordingly references to a Judicial Magistrate of< the First Glass in sections 108, 1C9 and 110 of the said Code shall cease to be construed in respect of Delhi as references to an Executive Magistrate.
(2) All proceedings, under the said sections, pending before any Executive Magistrate immediately before the cesser of operation under suL-section (1) of the notification referred to therein shall, upon such cesser of operation, stand transferred to the Metropolitan Magistrate who would have jurisdiction if such proceedings had been instituted after such cesser of operation.
(3) Subject to the provisions of sub-section (2), the provisions of section 6 of the General Clauses Act, 1897, shall apply to the cesser of operation of the notification referred to in sub-section (1) as if such cesser of operation of the notification were a repeal of an enactment by a Central Act.
CHAPTER IX SPECIAL POWERS UNDER THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960