Maharashtra Bare Acts 1936
Home Acts Maharashtra 1936 Page 5 of about 56 results (0.001 seconds)Bombay Opium Smoking Act, 1936, (Maharashtra) Section 25B
Title: Tender of Pardon to Accused Person Turning Approver
State: Maharashtra
Year: 1936
Whenever two or more persons are prosecuted for an offence under this Act, the District Magistrate, a Sub-Divisional Magistrate, or any Magistrate of the first class, may, for reasons to be recorded by him, tender to any accused person a pardon on condition of his making a full and true disclosure of all the facts connected with the offence.
View Complete Act List Judgments citing this sectionBombay Opium Smoking Act, 1936, (Maharashtra) Section 25C
Title: Investigation, Arrests, Searches, Etc. How to Be Made
State: Maharashtra
Year: 1936
Save as otherwise expressly provided in this Act, all investigations, arrests, detentions in custody and searches shall be made in accordance with the provisions of *the Code of Criminal Procedure, 1898(V of 1898): Provided that no search shall be deemed to be illegal by reason only of the fact that witnesses for the search were not inhabitants of the locality in which the place searched is situated. __________ * Now read the Code of Criminal Procedure, 1973 (2 of 1974).
View Complete Act List Judgments citing this sectionBombay Opium Smoking Act, 1936, (Maharashtra) Section 25D
Title: Provisions of Criminal Procedure Code with Respect to Cognizable Offences to Apply to Offences Under Act
State: Maharashtra
Year: 1936
In the absence of any provision to the contrary in this Act, the provisions of *the Code of Criminal Procedure 1898(V of 1898), with respect to cognizable offences shall apply to offences under this Act]. ____________ * Now read the Code of Criminal Procedure, 1973 (2 of 1974).
View Complete Act List Judgments citing this sectionBombay Opium Smoking Act, 1936, (Maharashtra) Section 26
Title: Things Liable to Confiscation
State: Maharashtra
Year: 1936
1[(1) Whenever any offence punishable under this Act has been committed, my opium, instrument of smoking or apparatus used in the preparation of opium for smoking purposes,-- (i) found in any place or with the persons forming an opium smoking assembly; or (ii) in respect of which the offence has been committed or which has been used in the commission of the offence, shall be liable to confiscation. (2) Any receptacle, package or covering in which any of the articles liable to confiscation under sub-section (1) is found and the other contents of such receptacle, package or covering and the animals, carts, vessels or other conveyances used in carrying any such articles shall likewise be liable to confiscation by the order of the Court]. ____________ 1 This section was substituted fur the original by Bom. 19 of 1959, section 30.
View Complete Act List Judgments citing this sectionBombay Opium Smoking Act, 1936, (Maharashtra) Section 27
Title: Procedure in Making Confiscation
State: Maharashtra
Year: 1936
(1) In the trial of offences under this Act, whether the accused is convicted or acquitted, the court shall decide whether any article seized under this Act is liable to confiscation under the preceding section, and if it decides that the article is so liable, it may order its confiscation accordingly. (2) When any article seized under this Act appears liable to confiscation under the preceding section but the person who committed the offence in connection therewith is not known or cannot be found, the Collector or other officer duly empowered in this behalf may inquire into and decide such liability and may order confiscation accordingly: Provided that no order of confiscation of an article shall be made until the expiry of one month from the date of seizure or without hearing any person who may claim any right thereto and the evidence, if any, which he produces in support of his claim: Provided further that if any such article, other than opium, is liable to speedy and natural decay, or if the Collector or other officer is of opinion that its sale would be for the benefit of its owner, he may at any time direct it to be sold and the provisions of this sub-section shall,.....
View Complete Act List Judgments citing this sectionBombay Opium Smoking Act, 1936, (Maharashtra) Section 27A
Title: Payment of Rewards from Fine
State: Maharashtra
Year: 1936
1[The Court trying any case for an offence under this Act may direct any portion, not exceeding one-fourth, of any fine which may be levied thereunder to be sent, in Greater Bombay to the Commissioner of Police, and elsewhere to the District Superintendent of Police, for distribution as reward in such manner as he may think proper, among the persons, not being Police Officers, who may have given assistance in the detection or investigation of the offence.] ____________ 1 This section was inserted, ibid., section 31.
View Complete Act List Judgments citing this sectionBombay Opium Smoking Act, 1936, (Maharashtra) Chapter V
Title: Miscellaneous
State: Maharashtra
Year: 1936
Chapter V MISCELLANEOUS
View Complete Act List Judgments citing this sectionBombay Opium Smoking Act, 1936, (Maharashtra) Section 28
Title: Delegation of Powers
State: Maharashtra
Year: 1936
The powers conferred on the 1[Commissioner] or Collector under this Act may, subject to the general or special orders of 2[the 3[State] Government], be delegated by the 1[Commissioner] or Collector, as the case may be, in whole or in part, to any subordinate officer. _______________ 1 This word was substituted for the word "Director", by Mah. 52 of 1973, section 3. Sch. 2 The words "the Provincial Government" were substituted for the word "Government" by the Adaptation of Indian Laws Order in Council. 3 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
View Complete Act List Judgments citing this sectionBombay Opium Smoking Act, 1936, (Maharashtra) Section 29
Title: Power to Make Rules
State: Maharashtra
Year: 1936
.....or there is insufficient provision in this Act and for which provision is, in the opinion of the 2[1[State] Government], necessary for giving effect to the provisions of this Act. (3) Rules made under this section shall be subject to the condition of previous publication in the 4[Official Gazette] 5[(4) All rules made under this section shall be laid for not less than 30 days before each House of the State Legislature as soon as may be after they are made, and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid or the session immediately following. _______________ 1 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950. 2 The words "Provincial Government'' were substituted for the words "local Government" by the Adaptation of Indian Laws Order in Council. 3 This clause was deleted by Bom. 9 of 1959, section 33 (a) 4 These words "Official Gazette" were substituted for the words "Bombay Government Gazette" by the Adaptation of Indian Laws Order in Council. 5 This sub-section was substituted for the original by Bom. 19 of 1959, section 33 (b).
View Complete Act List Judgments citing this sectionBombay Opium Smoking Act, 1936, (Maharashtra) Section 30
Title: Protection of Persons Acting in Good Faith and Limitation of Suits or Prosecutions
State: Maharashtra
Year: 1936
1[(1) No suit, prosecution or other legal proceeding shall lie against the Government or against any officer or person empowered to exercise powers or to perform or discharge duties or functions under this Act, for anything which is in good faith done or purporting to be done under this Act or the rules made thereunder. (2) No suit shall be instituted against the Government and no prosecution or suit shall lie against any officer or person in respect of anything done or alleged to have been done in pursuance of this Act, unless such suit or prosecution has been instituted within three months of the date of the act complained of. _______________ 1 Sections 30 to 33 were substituted by Bom. 19 of 1959, section 33 (b).
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