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Bombay General Clauses Act, 1904, (Maharashtra) Section 17 - Bare Act

State

Maharashtra Government

Year

Section Title

Substitution of Functionaries

Act Info:


(1) In any Bombay Act 1[or Maharashtra Act] made after the commencement of this Act it shall be sufficient for the purpose of indicating the application of a law to every person or number of persons for the time being the executing officer at present executing the functions, or that of the officer by whom the functions are commonly executed.

(2) This section applies also to all Bombay Acts made before the commencement of this Act.

NOTES

Commissioner of Police.-The Assistant Commissioner of Police was a functionary who could, by virtue of section 17 of the Bombay General Clauses Act, discharge the functions of the Commissioner under section 6

(1) of the Gambling Act in the matter of issuing a special warrant.-Janardhan v. State of Maharashtra, 1978 (2) SCC 465 : 1978 SCC (Criminal) 277 : AIR 1978 SC 1234.

Section 17 of the Bombay General Clauses Act, 1904 makes it clear that where any officer or office is invested with powers or functions under any State Act, such powers and functions can be validly exercised by any person who holds such post or office from time to time.-Engineering and Metal Workers Union v. Commissioner of Labour, 2003 (4) Bom. C.R. 804 : 2003 (2) All M.R. 528.

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1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.



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