Report No. 37
Section 107
In section 107 of the principal Act, for the words "Presidency Magistrate, District Magistrate, Sub-divisional Magistrate or Magistrate of the first class", substitute the words "Presidency Magistrate specially empowered by the State Government in this behalf, District Magistrate, Sub-divisional Magistrate, or Executive Magistrate of the first class."
[{Cf. section 107(1), Bombay}; {Cf. existing section 107(1)1}; {Cf. section 107(1), Punjab}]
Section 108
In section 108 of the principal Act, for the words "Chief Presidency or District Magistrate or a Presidency Magistrate or Magistrate of the first class specially empowered by the State Government in this behalf", substitute the words "Chief Presidency Magistrate, District Magistrate, Presidency Magistrate specially empowered by the State Government in this behalf or an Executive Magistrate of the first class specially empowered by the State Government in this behalf".
[(Cf. existing section 108); (Cf. section 108, Bombay); (Cf. section 108, Punjab)]
Section 109
In section 109 of the principal Act, (a) for the words "a Presidency Magistrate, District Magistrate, Sub-divisional Magistrate, or Magistrate of the first class", substitute the words "a Presidency Magistrate specially empowered by the State Government in this behalf or a District Magistrate or Sub-divisional Magistrate or an Executive Magistrate of the first class";
(b) in clause (a), for the words "that any person is taking precautions to conceal his presence within the local limits of such Magistrate's jurisdiction" substitute the words "that any person within the local limits of such Magistrate's jurisdiction is taking precautions to conceal his presence."
[Cf. section 109, Bombay (Presidency Magistrates); {Cf. existing section 109 (District Magistrate and sub-divisional Magistrate)}; (Cf. section 109, Punjab (Executive Magistrates)]
Section 110
In section 110 of the principal Act, for the words "a Presidency Magistrate, District Magistrate or Sub-divisional Magistrate or a Magistrate of the first class specially empowered in this behalf by the State Government," substitute the words "a Presidency Magistrate specially empowered by the State Government in this behalf, a District Magistrate or Sub-divisional Magistrate or an Executive Magistrate of the first class specially empowered in this behalf by the State Government".
[Cf. section 110, Bombay (Presidency Magistrates empowered); {Cf existing section 110 (D.M. and S.D.M.)}; (Cf. section 110, Punjab amendment read with the existing section, as other first class Magistrate (only first class Magistrates specially empowered are mentioned)]
Section 124
In section 124 of the principal Act-
(a) after the words "District Magistrate", wherever they occur, insert the words "or Chief Judicial Magistrate" ;
(b) insert the following sub-section at the end, namely:-
"(7) The Chief Judicial Magistrate shall not exercise any power under this section except in cases where the security was ordered under section 106: and the District Magistrate shall not exercise any power under this section except in other cases."
Section 125
For section 125 of the principal Act, substitute the-following section namely:-
"125. Power to cancel bond.- (1) The Chief Presidency Magistrate, the District Magistrate or the Chief judicial Magistrate may at any time, for sufficient reasons, to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under this Chapter by order of any Court in his District not superior to his Court.
(2) The Chief Judicial Magistrate shall not exercise any power under this section except in cases where the security was ordered under section 106; and the District Magistrate shall not exercise any power under this section except in other cases".
Section 126
For section 126 of the principal Act, substitute the following section namely:-
"126. Discharge of sureties.- (1) Any surety for the peaceable conduct or good behaviour of another person may at any time apply to the Court by which an order was made to give security to cancel any bond executed under this Chapter within the local limits of its jurisdiction.
(2) On such application being made, the Court shall issue a summons, or warrant as it may think fit, requiring the person for whom such surety is bound to appear or to be brought before it.
Section 126A
In section 126A of the principal Act, after the words "the Magistrate" insert the words "or Court".
Sections 127 to 132
In sections 127 to 132 of the principal Act (both inclusive), for the word "Magistrate" wherever it occurs substitute the words "Executive Magistrate".
Section 133(1)
In section 133 of the principal Act, in sub-section (1)
(a) for the words "a District Magistrate, a Sub-divisional Magistrate or a Magistrate of the first class", substitute the words "a Presidency Magistrate specially empowered by the State Government in this behalf or a District Magistrate or a Sub-divisional Magistrate or an Executive Magistrate of the first class";
[Cf. section 133(1), Bombay]
(b) for the words "to appear before himself or some other Magistrate of the first or second class at a time and place to be fixed by the order, and move to have the order set aside or modified in the manner hereinafter provided", substitute the words "to appear before himself or some other Executive Magistrate of the first or second class at a time and place to be fixed by the order, and show cause why the order should not be made absolute, in the manner hereinafter provided."
[Cf. section 136 and section 137(3) and section 139(1)]
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