The Union Territories (Separation of Judicial and Executive Functions) Act, 1969

(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 date1as the CentralGovernment 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 anyreference to the commencement of this Act in relation to a Union territory or an area therein shall meanthe date on which it comes into force in that Union territory or area.

In sections 3 to 9, "Union territory" means any Union territory other than the Unionterritory of Chandigarh.

For the purpose of separation of judicialand executive functions, the Code of Criminal Procedure, 18981(5 of 1898), shall in its application to aUnion territory, be amended in the manner and to the extent specified in the Schedule.

Theprovisions of this Act which amend the Code of Criminal Procedure, 18981(5 of 1898), so as to alter themanner in which, the authority by which, or the law under or in accordance with which, any powers areexercisable, shall not render invalid any notification, order, commitment, attachment, bye-law, rule orregulation duly made or issued or anything duly done before the commencement of this Act, and any suchnotification, order, commitment, attachment, bye-law, rule or regulation or thing may be revoked, variedor 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 theprovisions then applicable to such case.

Where under any law thefunctions exercisable by a Magistrate relate to matters which involve the appreciation or sifting ofevidence or the formulation of any decision which exposes any person to any punishment, or penalty, ordetention in custody pending investigation, inquiry or trial or would have the effect of sending him fortrial before any Court, such functions shall, subject to the provisions of this Act and the Code of CriminalProcedure, 18981(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 alicence, the suspension or cancellation of a licence, sanctioning a prosecution, or withdrawing from aprosecution, they shall, subject as aforesaid, be exercisable by an Executive Magistrate.