Section Text
(1) The High Court may, if requested by any Central or State Government so to do, confer upon any person who holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this Code on a Metropolitan Magistrate, in respect to particular cases or to particular classes of cases 1 [***] in any metropolitan area within its local jurisdiction:
Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal affairs as the High Court may, by rules, specify.
(2) Such Magistrates shall be called Special Metropolitan Magistrates and shall be appointed for such term, not exceeding one year at a time, as the High Court may, by general or special order, direct.
2 [(3) The High Court or the State Government, as the case may be, may empower any Special Metropolitan Magistrate to exercise, in any local area outside the metropolitan area, the powers of a Judicial Magistrate of the first class.]
STATE AMENDMENTS
3 Andhra Pradesh:
In section 18, in sub-section (2) of section 18, for the words, "not exceeding one year at a time" the words "not exceeding two years at a time" shall be substituted and to the said sub-section the following proviso shall be added, namely:-
"Provided that a person who is holding the office of Special Metropolitan Magistrate at the commencement of the Code of Criminal Procedure (Andhra Pradesh Amendment) Act, 1992, and has not completed sixty-five years of age shall continue to hold office for a term of two years from the date of his appointment."
4 Maharashtra:
In section 18, in sub-section (1) of section 18, for the words "in any metropolitan area" the words "in one or more metropolitan areas" shall be substituted.
_________________________
1. The words "or to cases generally" omitted by Act 45 of 1978 Section 6 (w.e.f. 18-12-1978).
2. Substituted by Act 45 of 1978 Section 6, for sub-section (3) (w.e.f. 18-12-1978).
3. Vide Andhra Pradesh Act 2 of 1992.
4. Vide Maharashtra Act 23 of 1976, Section 3 (w.e.f. 10-6-1976).