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The Tamil Nadu References to Magistrates in Laws (Special Provisions) Act, 1980 Act 33 of 1980 Keyword(s):
Code, Law in Force, Construction of Certain Refrences, Magistrates 1980 : T.N. Act 331 References to Mugistraies in Laws 9 1 (Special Provisions) TAMIL NADU ACT NO. 33 OF 1980.* THE TAMIL NADU REFERENCES TO MAGIS- TRATES IN LAWS (SPECIAL PROVISIONS) ACT, 1980, [Received the assent of the President on the 29rh September 1980, first published in the Tamil Nadu 30vernrn:~t Gazette E r t r m t d i ~ y 017 the Nth S z ~ t e x F < z 19W (Purattasi 14, Ro wtlziri-20 1 1-l'hiruvalluvar Aandu).]
' .4n Act to provide for the construction of certain references t o Magistrates, etc., in laws in force in the State of Tarnil Nadu.
BE it enacted by the Legiblature of the State of Tamil Nadu in the thirty-first .Year of the Republic of India as follows :-
1. (1) This Act may be caned the Tamil Nadu &fe- Short title and rences to Magistrates in Laws (Special Provisions) Act, commencement.
1980.
(2) I t shall come into force on s ~ c h date as the State Government may, by notification, appoin:.
2. In this Act, unless the context otherwise requires,- Definitions.
(a) "Code" means the Gode of Criminal Prc-dure, 1973 (Central Act 2 of 1974) 1
(b) "lavr in force" includes any enactment, Ordinance, regulation, order, by-law, rule, scheme or notification in force in the whole or in any part of the State of Tamil Nadu or any instrument having the force of law in the whole or in any part of the State of Tamil Nadu.
7. (1) In the Code,- L Construction of (a) any reference without any qualifying words, to to a Magistrate, which has to be construed as a reference Maglsrratcs, , to a Judicial Magistrate under section 3 (1) (a) (i) of the etc.
Code, shall, by reason of this Act, be construed as a reference to a District Munsif-cum-Judicial Magistrate exercising the powers of a Judicial Magistrate of the first class or of the second class, as the case may be ; - - * For Statement of Objccts and Reasons, see Tamil ~Vadlr Goyernment Gazette Extraordinary, dated the 6th August 1950, Part.
][V-Section 1, page 255, 92 References to Magistrates [1980: T.N. Act 33 * in Law8 (Special Provislonq)
(b) any reference to a ~ a ~ i s t r a t e of the second class which has to be construed as a reference to a Judicial Magistrate of the second class under section 3 (1) (b) of the Code, shall, by reason of this Act, be construed as a .
reference to a District Munsif-cum-Judicial Magistrate exercising the powers of a Judicial Magistrate of the sco91~d class ;
(c) any reference to a Magistrate of the first class.
which has to be construed as a reference to a Judicial Magistrate of the first class unde: section 3 (1) (c) (ii) of tho Code, shall, by reason of this Act, b construed a8 a reference to a District Muasif-cum--Judicial Magistrate exercising the powers of a Judicial Magistrate of the flrlt dasr
(d) any reference to a Judicial Magistrate sbll, by rearon of this Act, be construed as a reference to a , District Munsif-cum-Judicial Magistrate exercising the powers of a Judicial Magistrate of the first claw or of tbr socoad class, as the case may bc.
(2) Any reference in any law in force passed bforr tho commencement of the Coda,--
(a) to a Magistrate of the firat class which ha8 to be oonstrued as a reference to a Judicial Magistrate of the first class under section 3 (3) (a) of the Code, W, by rearon of thts Act, be construed as a reference to a District Murimif-cum-Judicial Magistrate -xercising tho powers of a Judldal Magistrate of the first class 1
(b) to a Magistrate of the second class or of the third class which has to be oonstrued as a referenoe to a Judicial Magistrate of the ~econd class under section 3
(3) (b) of the Code, shall, by reason of this Act, be wmtrued as a refereace to tr District Wnsif-cum -Judicial Magistrato exercising the powers of a Judicial Ma@- trate of the second class.
0, 3 ?y reference in any law in folcs passed rftcr a tLr; commencement of the Code,--
(a) to a Judicial Magistrate of the first class. hll, by reason of this Act, be construed as a reference to a District Munsif-eum-Juuicial Magistrate exercising tb powers of a Judic~al Magistrate of the first class ;
'1Md:f.N. Act331 keferences to~agis t ia tes jn 93 Isms ( S p c i a l Provisions) I
(b) to a Judicial Magistrate of the second class, a b l l , by reason of this Act, be construed as a reference to a District Mun*sif-cum-Judicial Magistrate exercising the powels of a Judicial Magistrate of the second class;
(c) to a Judicial Magistrate, shall, by reason of this Act, t>e construed as a reference to a District Munsifcum-Judicial Magistrate exercising the po wers of a Judicial Magistlate of the first class or of the second class, as the case may be.
(4) For the purpose of exercise of functions of a Judicial Magistrate by a District Munsif- cum - Judiclrl Magistrate exercising the powers of a Judicia; Vagistrate .of the first class or of the second class, as the czse may be, under any law in force other than the Code, the provisions of sub-section (4) (a) of section 3 of tho Code shall apply.