LexThe West Bengal Separation Of Judicial And Executive Functions Act, 1968
West Bengal · state statute
Open in Lexace · Ask the AI about this act, --77.116..x-Tereear . THE WEST BENGAL SEPARATION OF JUDICIAL AND EXECUTIVE FUNCTIONS ACT, 1968 No. 8 of 1968 [26th March 19681 Enacted by the President in the Nineteenth Year of the Republic of India. An Act to provide for the separation of the Judiciary from the Executive in the public services in the State of West Bengal. In exercise of the powers conferred by section 8 of the West Bengal State Legislature (Delegation of Powers) Act, of 1968, 1968, the President is pleased to enact as follows: — 1. (1) This Act may be called the West Bengal Short title, Separation of Judicial and Executive Functions Act, 1968. extent and (2) It extends to the whole of the State of West Bengal. ocreomment. (3) This section and section 8 shall come into force at once, and the remaining- provisions of this Mt shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different districts and any reference in this Act to its commencement shall, in relation to a district, ba construed as a reference to the coming into force of those provisions therein. 2. In this Act, "Code of Criminal Procedure" means Definition. the Code of Criminal Procedure, 1898. 5 oft ills. s 3, The Code of Criminal Procedure shall, in it appli- Amend-cation to the State of West Bengal, be amended in the mints in manner and to the extent specified in the Schedule. the Code of Criminal Procedure, 1898. 4. Notwithstanding anything to the contrary contained Classes of in any other law for the time being in force, the word Magis- "Magistrate" shall include the following two classes of traces. Magistrates, namely :— O (1) Magistrates appointed by the State Government in consultation with the High Court under any or the provisions of the Code of Criminal Procedure as amended by this Act, to be referred to as Judicial Magistrates; and (2) Magistrates appointed by the State Government . without such consultation under any of the provi- sions of the Code of Criminal Procedure as amended by this Act, to be referred to as Executive Magistrates. 2 The West Bengal Separation of Judicial and Executive Funations Act, 1968. • [President's Act unctions exercisable by Judicial and Executive Magis. trates. 5. Notwithstanding anything to the contrary contained in any other law for the time being in force but subject to the , other provisions of this Act and the Code of Criminal Procedure, including Schedules I to IV to the said. Code as- amended by this Act, where under any law the functions exercisable by a Magistrate relate to inquiry into, or cognizance, investigation or trial of, an offence, such functions shall be exercisable by a Judicial Magistrate, and where such functions relate to matters which are administra- tive or executive in nature, or relate to -prevention of an offence, they shall be exercisable by an Executive Magistrate: Provided that any reference to a Magistrate in the Code of Criminal Procedure, as amended by this Act, which by express provision or necessary implication does not refer to a Judicial Magistrate or an Executive Magistrate, shall be construed as a reference to a Magistrate of either class: Provided further that where a doubt arises as to whether a reference to a Magistrate should be construed as a reference to a Judicial Magistrate or an Executive Magistrate, the decision of the Sessions Judge of the district in which such doubt arises shall, subject to any direction given in this behalf by the State Government, in consultation with the High Court, be final. Sa 6. (1) Save as provided in this section, nothing in this Act shall be deemed to affect— (a) the validity, invalidity, effect or consequence of anything done or suffered to be done before the commencement of this Act; (b) any right, privilege, obligation or liability already acquired, accrued or incurred before bath commencement; any penalty, forfeiture or punishment incurred or inflicted in respect of any act before such commencement; (d) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, lia- bility, penalty, forfeiture or punishment, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed in accordance with the provisions of the Code of Criminal Prrnoduro as amended be tnis (c) The West Bengal". Separation al Judicial anti' Executive'Funcitions Act, 1968. - 8 119881 (2) All legal proceedings pending before a Magistrate or a Court at the commencement of this Act shall, if such Magistrate or Court ceases to have jurisdiction in respect of such proceedings -under -the —Provisions of the Code of Criminal Procedure, as amended by this Act, stand trans- ferred to the Magistrate or Court having jurisdiction under the provisions of the said Code, as amended by this Act, and shall be heard and disposed of by such Magistrate or Court and such Magistrate or Court shall have all the powers and jurisdiction in respect thereof as if they have been' originally instituted before such Magistrate or any .such Court, including the power of the succeeding MagiArate under section 350 of the said Code. (3) The provisions of this Act which- amend the Code of Criminal Procedure, so as to alter the manner in which, the authority by which or the law under or in accordance with which any powers are exercisable shall not j render invalid any notification, bye-law, rule, regulation, order, commitment or attachment duly made or issued or anything duly done before the commencement of, this Act and any such notification, bye-law, rule, regula- tion, order, commitment or attachment or thing, may be revoked, varied, rectified or reversed in the like manner, to the like extent and in the like circumstances, as if it had been duly made, issued or done after such commencement by the competent authority and in accordance with the provisions then applicable to such case. 1 7. If any difficulty arises in giving effect to any of the provisions of this Act, the State Government may, by Power to a remove order or rule, do anything not inconsistent with the provi- sions of this Act (including the specification of a Magistrate, whether appointed in consultation with the High Court or without such consultation, to he the appropriate Magistrate, having jurisdiction in the matter under the law concerned) which appears to it to be necessary or expedient for removing the difficulty. west Bee- 8. The West Bengal Sepa cat ion of Judicial and gal Ord.. Executive Functions Orainance, 1968, is hereby repealed. nanee VII R01388L of 1968. (4) Where, before the commencement of this Act any power was exercisable under the Code of Criminal Pro- cedure by any Magistrate to make any alteration in any order made in a proceeding thereunder and the jurisdiction in respect of such proceeding conies to be vested, after -such commencement, in a magistrate specified in clause (1) of section 3, such power shall, after such commencement, be exercised by such Magisrtate in accordance with the provi- sions of the Code of Criminal Procedure, as amended by this Act. The West Bengal Sepafdtion .of Judicial and Executive Funations Act, 1968. [President's Act THE SCHEDULE (See section 3) Amendments in the Code of Criminal Procedure, 1898 1. ,After section G, the following section shall be inserted, namely :— classes of 'CA. (1) The word -"Magistrate" shall include two Magis- classes of Magistrates, namely : — trates and their funs- (0 Magistrates appointed in consultation with the tione. High Court, under any of the provisions of this Code, hereinaf ier referred to as Judiciel Magistrates; and (ii) Magistrates appointed without such consultation, under auy of the provisions of this Code, here- inafter referred to as Executive Magistrates. 0 -) Notwithstanding anything to the contrary contained in any other law for the time being in force but subject to the other provisions of this Code, includ- ing Schedules I to IV to the said Code, where under any law the functions exercisable by a Magistrate relate to inquiry into, or cognizance, investigation or trial of, an offence, such functions shall exercisable by a Judicial Magistrate, and where such functions are administrative or execu- tIve in nature, or relate to prevention of offences, they shall be exercisable by an Executive Magistrate : Provided that any reference to a Magistrate in this Code which by express provision or necessary implication does not refer to a Judicial Magistrate or an Executive Magistrate, shall be construed as a reference to a Magistrate of either class: Provided further that where any doubt arises as to whether any reference to a Magistrate should be construed as a reference to a Judicial Magistrate or an Executive Magistrate, the decision of the Sessions Judge of the district in which such doubt arises shall, subject to any direction given in this behalf by the State Government in consultation with the High Court, be final. (3) Nothing contained in sub-sections (1) and (2) shall apply to a Presidency Magistrate who shall exercise such functions as are provided elsewhere in this Code or under any other law for the time being in force.'. c ti The West Bengal Separcation 'of Judicial and Executive Functions Act, 1968. 8 of 1968.] 2. In sub-section (2) of section 7, for the words "State Governments", the words "State Government, in consultation with the High Court," shall be substituted. 3. In section 9, for the words "State Government", wherever they occur, the words "State Government, in con- sultation with the High Court," shall be substituted. 4. In section 10,— (I) in sub-section (1), for the Words "a Magistrate", the words "an Executive Magistrate" shall be sub- stituted; (2) in sub-section (2), for the words "any Magistrate", the words "any Executive Magistrate" shall be substituted; and (3) in sub-section (4), after the word "sections", the figures, word, brackets and. letter "88, sub- section (6C), 124, 125," shall be inserted. 5. For section 12, the following section shall be substi- tuted, namely :— ‘,12. (1) The State Government may appoint as many Appoint- persons meat of as it thinks fit besides the District subor- Magistrate, to be Magistrates of the-first, second dinate or -third class in any district, outside the Presi- Magistrate& deny-town, to be referred to as Executive judicial Magistrates and the State Government or the Ettnrecutive.. District Magistrate, subject to the control of the State Government, may, from time to time, define the local areas within which such Executive Magistrate may exercise all or any of the powers with which they may respectively be invested under this Code. (2) The State Government may, in consultation with the High Court, appoint as many persons as it thinks fit, from among members of the Judicial Service of the State, to be Magistrates of the first, second or third class in any district, outside the Presidency-town, to be referred to as Judicial Magistrates and the State Government in consulta- tion with the High Court or the Sessions Judge, subject to the control of the State Government in consultation with the High Court, may, from time to time, define the local areas within which such Judicial Magistrates may exercise all or any of the powers with which they may be invested under this Code. The West Bengal' Separation of Judicial and Executive Functions Act, 1968. [President's Act (3) The State Government may, in consultation with the High Court, appoint for such period not exceeding five years as many persons, as it considers necessary, who are or had been members of the West Bengal Civil Service (Executive) or the West Bengal Junior Civil Service, to be Judicial Magistrates in any district, outside the Presidency-town and the State Government in consultation with the High Court or the Sessions Judge, subject to the control of the State Government in consultation with the High Court, may define the local areas within which such Judicial Magistrates may exercise all or any of the powers with which they may be invested under this Code. ::4) Except as otherwise provided in sub-sections (1), (2) and (3), the jurisdiction and powers of Executive Magistrates and Judicial Magistrates so appointed shall extend throughout such district. (5) Appointment and control of Judicial Magistrates under sub-sections (2) and (3) shall, on the issue of a public uotiiication under article 237 of the Constitution of India, be in accordance with the terms of the said notification.", 6. In section 12,--- (1) in sub-section (1), for the word "Magistrate'', the words "Executive Magistrate" shall he substi- tuted ; (2) for sub-section (2), the following sub-section shall be substituted, namely •— "(2) Such Executive Magistrates shall be called Sub- divisional Executive Magistrates." ; and (3) in the marginal note, for the word "Magistrate", the words "Executive Magistrate" shall be substituted. Appoint- ment of Sub- divisional Judicial Magis- trates. 7. After section 13. the following section shall be inserted, namely "13A. (1) The High Court may place any Judicial Magistrate of the first or second class, in charge of a sub-division and relieve him of the charge as occasion requires. . (2; Such Judicial Magistrates shall be called Sub- divisional Judicial Magistrates. (3) The High Court may delegate its powers under this section to the Sessions Judge of the district where the appointment is to be made, subject to such conditions, if any, as it thinks fit.". The We Bengal Separation of Judicial and 7 Executive 'Inflations Act, 1968. .1) 807 3 • 8, For section 14, the following section shall be substi- tuted, namely : — "14. (1) The State Government may confer upon any person who possesses such qualifications as may be specified, in this behalf by the State Government, by notification in the Official Gazette, all or any of the powers conferred or conferrable by or under this Code, on an Executive Magistrate of the first, second or third class for a particular purpose or for particular purposes, in any local area, outside the Presidency-town. :9) Such Magistrates shall be called Special Executive Magistrates and shall be appointed for such term as the State Government may, by general or special order, direct. (3) The State Government may delegate, with such limitation as it thinks fit, to any officer under its control the powers conferred by sub-section (1). (4) The State Government may, in consultation with the High. Court, confer upon any person who holds or has held any judicial post under the Union or a State, or possesses such other qualifications, as may, in consultation with the High Court, be specified in this behalf by the State Government by notification in the Official Gazette, all or any of the powers conferred or conferrable by or under this Code, on a Judicial Magistrate of the first, second or third class in regard to a particular case or class of cases, or in regard to cases generally, in any local area outside the Presidency-town. (5) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term as the State Government may, in consultation with the High Court, by general or special order, direct (61 No powers- shall be conferred under this section on any police-officer below the grade of Assistant District Superintendent, and no powers shall be conferred on a police-officer except so far as may be necessary for preserving the peace, preventing crime and detecting, apprehending and detain- ing offenders in order to their being brought before an ' appropriate Magistrate and for the performance by the officer of any other duties imposed upon him by any law - for the time being in force." Special Executive and Judicial Magis- trates. 8 The West Bengal Separation of Judicial and Executive Kunotions Act, 1968. [President's Aet 9. In section 15,— (a) for the word "Magistrate", wherever it occurs, the words "Judicial Magistrate" shall be substituted; (3) in sub-section (1)— (i) after the words "State Government" wherever they occur, the words "in consultation with the High Court" shall be inserted; and (ii) for the word "Magistrates", the words "Judicial Magistrates" shall be substituted; and (c) in the marginal note, for the word "Magistrates", the words "Judicial Magistrates" shall be substi- uted. 10. In section K— M for the words "State Government may, or, subject to the control of the State Government, the District Magistrate", the words "High Court with the previous approval of the State Govern- ment" shall be substituted; (2) for the words "Magistrates' Benches", the words "Benches of Judicial Magistrates" shall be substituted: and (3) for the words "Magistrates in Session", the words "Judicial Magistrates in Session" shall be substituted. Subor- dination of Executive Magis- trates. Subordina- tion of Judicial Magis- trates and Benches. 11. For section 17, the following sections shall be substituted, namely • — (7) All Executive Magistrates appointed under sections 12, 13 and 1.4 shall be subordinate to the District Magistrate, and h e may, from time to time, make rules or give special orders consistent with this Code as to the distribution of business amongst such Magistrates. (2) Every Executive Magistrate in a sub-division shall be subordinate to the Sub-divisional Executive Magistrate, subject, however; to the general control of the District Magistrate. 17A. (1) All Judicial Ma gistrates appointed under sections 12, 13A and 14 andall Benches constituted under section 15 shall, subject to the control of the Sessions Judge, be subordinate to the Sub- divisional Judicial Magistrate and the Sub-divi- si anal Judicial Magistrate may from time to time distribute the business amongst such Judicial Magistrates and Benches consistent with this Code and the rules framed by the High Court. "rwm•Msoksms"es -sr vs. The West Bengal Separation of Judicial and 9 Executive Functions Act, 1968. 8 of 1988.] (2) The Sub-divisional Judicial Magistrate shall be subordinate to the Sessions Judge. 17B. (1) All Assistant Sessions Judges shall be sub- Subordina. ordinate to the Sessions Judge in whose court they tion of exercise jurisdiction and the Sessions Judge may Assistant from time to time distribute the business amongst Sessions such Assstant Sessions Judges consistent with this j tolidtgee Code and the rules framed by the High Court. Sessions Judge. (2) The Sessions Judge may also, when he himself ie unavoidably absent or incapable of acting, make provisions for the divosal of any urgent appli- cation by an Additional or Assistant Sessions Judge or, if there be no Additional or Assistant Sessions Judge, by the Sub-divisional Judicial Magistrate, and any such Judge or Magistrate shall have jurisdiction to deal with any such application: O 17C. The High Court, and subject to its control the Sessions Judge, may authorize an Additional Sessions Judge to perform within its jurisdiction all or any of the powers of the Sessions Judge including the powers of supervision and control over the Magistrates appointed in consultation with the High Court. 17D. Courts of Sessions and Courts of Judicial and Executive Magistrates (including Courts of Presidency Magistrates) shall be criminal courts inferior to the High Court and Courts of Judicial and Executive Magistrates (excluding Courts of Presidency 1147gistrates) shall be criminal courts inferior to the Court of Session.". 12. In section 18,— (1) for sub-section (1), the following sub-section shall be substituted, namely :— "(1) The State Government shall, from time to time, appoint, in consultation with the High Court, a sufficient number of persons (hereinafter called Presidency Magistrates) to be Magis- trates for the Presidency-town of Calcutta, and shall appoint one of such persons to be Chief Presidency Magistrate." ; (2) in sub-section (2), after the words "State Govern- ment", the words ", in consultation with the High Court," shall be inserted; in sub-section (3), after the words "State Govern- ment", the words ", in consultation with the Higb Court," shall be inserted ; (3) Delegatim of powers by the High Court. Inferior Criminal Courts. 10 The West Bengal Separation of Judicial and Executive Functions Act, 1968. [President's Act (4) in sub-section (4), after the words "State Govern- ment may", wherever they occur, the words ". in consultation with the High Court," shall be inserted ; and after sub-section (4), the following sub-section shall be inserted, namely :- 4' (5) The Stale Government may appoint for such term, as it may, by general or special order, direct any person as a Presidency Magistrate specially empowered to carry out all or any of the func- tions of a Presidency Magistrate except those relating. to inquiry into, or cognizance, investiga- tion or trial of, any offence.". 13. En section ;21,— (1) in sub-section( 7 ),— i) for the words "with the previous sanction of the State Government, make", the words "make, with the previous approval of the High Court," shall be substituted; (ii) in clause (e), for the words "could be dealt with by a District Magistrate", the words "should be dealt with by him" shall be substituted; and n sub-section (2), after the word "declare", the words ", in consultation with the High Court," shall be inserted. 14. For sub-section (1) of section 29, the following sub- section shall be substituted, namely :— "(1) Subject to the other provisions of this Code, an3 offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court : Provided that if the Court so mentioned is a CoUrt speci- fied in column M of the Table below, such offence shall be tried by the Court of Judicial Magistrate specified against it in column (9) thereof. (5) 0 Name of Court specified in the law (1) Court by which triable (2) I. District Magistrate 1. Sub-divisional Judicial Magistrate. 2. Magistrate of the first class 2. Judicial Magistrate of the first class. 3. Sub-divisional Magistrate 3. Sub-divisional Judicial Magistrate. 4. Magistrate of the second class 4. Judicial Magistrate of the second class. 6. Magistrate of the third class 5. Judicial Magistrate of tho third class. 6. Magistrate 6. Judicial Magistrate. 7. Presidency Magistrate 7. Presidency Magistrate appointed in consultation 15. In section 29B,— with the High Court.". The West Bengal Separation of Judicial and 11 Executive Funetzons Act, 1968. 8 of 1968.] Tun TABLE (1) for the words "a District Magistrate or a Chief Presidency Magistrate, or by any Magistrate specially empowered by the State Government", the words "a Sub-divisional Judicial Magistrate or a Chief Presidency Magistrate, or any other Judi- cial Magistrate specially empowered by the State Government in consultation with the High Court" shall be substituted; and (2) for the words "exercise all or any of the powers conferred thereby", the words "try such persons" shall be substituted. Offences punishable o with impri- sonment not exceed- ing seven years. 16.. For section 30, the following section shall be substi- tuted, namely:— "30. Notwithstanding anything contained in section 28 or section 29, the State Government may, in consultation with the High Court, invest any Judi- cial Magistrate of the first class with power to try as a Magistrate all offences not punishable with death or with imprisonment for life or with imprisonment for a term exceeding seven years: Provided that no such Judicial Magistrate shall be invested with such powers unless he has, for not less than ten years, exercised powers not inferior to those of a Judicial Magistrate of the first class: 12 The West Bengal Separation of Judicial and Executive Functions Act, 1968. [President's Act Provided further that if any Judicial Magistrate of the first class had, prior to his appointment as such Magistrate, exercised the powers of an Assistant Sessions Judge, he may be invested with the powers under this section notwithstanding that he had not exercised the powers of a Judicial Magistrate of the first class for ten years.". 17. In the marginal note of section 34, for the word "District", the words "Sub-divisional Judicial" shall be substituted. 18. For section 36, the following section shall be substi- tuted, namely :— `36. All District Magistrates, Sub-divisional Executive Ordinary Magistrabes and Executive Magistrates of the first, powers second and third classes and all Sub-divisional of Magis- Judicial Magistrates and Judicial Magistrates of tratEra udiciai the first, second and third classes have powers and Exeou- hereinaf ter respectively conferred upon them and tive. specified in the Third Schedule. Such powers are called their "ordinary powers".'. 19. For section 37, the following section shall be substituted, namely:-- "37. In addition to his ordinary powers— Ii) any Judicial Magistrate may be invested by the State Government in consultation with the High Court with any of the powers specified in Part IA of the Fourth Schedule as powers with which he may be invested by the State Government in consultation with the High Court; • (ii) any Judicial Magistrate may be invested by the Sessions Judge to whom he is subordinate with any of the powers specified in Part IB of the Fourth Schedule as powers with which he may be invested by the Sessions Judge; (iii) any Executive Magistrate may be invested by the State Government with any of the powers specified in Port IIA of the Fourth Schedule as powers with which he may be invested by the State Government; ',iv) any Executive Magistrate may be invested by the District Magistrate to whom he is sub- ordinate with any of the powers specified in Part IIB of the Fourth Schedule as powers with which he may be invested by the District Magistrate.". Additional prwirs of Judicial and 'Demu- th e Magis- trates. Co The West ilengal Separation of Judicial and Egoontive' F14Waiiott$ -1046. 8 of 196U 20. For section 38, the following section shall be substituted, namely:— "38. The power conferred on the Sessions Judge by clause (ii) of section 37 shall be exercised subject to the control of the High Court and the State Government and the power conferred on the District Magistrate by clause (ir) of that section shall be exercised subject to the control of the State Government.". 21. After section 38, the following section shall be inserted, namely :-- "38A. Whenever, under any provision of this Code, or any other law for the time being in force, any judicial power is to be conferred by the State Government on a Sessions Judge or an Additional or Assistant Sessions Judge or Sub-divisional Judicial Magistrate or the Chief Presidency Magistrate or any other •Judicial Magistrate, or any such Judicial Magistrate is to be specially empowered to exercise such power, the order conferring such power or empowering the exercise of such power shall be made by the State Government in consultation with the High Court notwith- standing that such provision may not expressly so provide. krfilanation.—For the purpose of this section the question whether any power is judicial shall be decided by the State Government in consultation wifh the High Court and such decision shall be final.". 22. In section 40, for the words "State Government otherwise", the words "State Government, in consultation with the High Court, where necessary, otherwise" shall be substituted. _ 23. In section 41,— (1) in sub-section (1), after the words "State Government", the words "or, where the conferment of power was in consultation with the High Court, the State Government, in consultation with the High Court," shall be inserted; and (2) for sub-section (2), the following sub-section shall be substituted, namely :— "(2) Any power conferred by the Sessions Judge or the District Magistrate may be withdrawn by the Sessions Judge or the District Magistrate, as the case may be.", Controi of the inves- ting powers of the Sessions Judge and the District Magistrate. e Powers of Sessions Judge, etc., to be conferred in consul- tation with the High Court. The West Bengal Separation of Judicial and Executive Functions Act, 1968. [President's Act 24. In section 62, for the words "Sub-divisional Magistrate,", the words "Sub-divisional Executive Magisirate, or to the Sub-divisional Judicial Magistrate" shall be substituted. 25. In sub-section (1) of section 75, for the word "Magistrates", the words "Judicial Magistrates" shall be substituted. 26. In sub-section (1) of section 78, for the words "or Sub-divisional Magistrate". the words ", Sub-divisional Executive Magistrate or Sub-divisional Judicial Magistrate" shall be substituted. 27. In section 88,-- (1) In sub-section (2), after the words "District. Magistrate", the words ", Sub-divisional Judicial Magistrate" shall be inserted; (2) in sub-section (GB), after the words "District Magistrate", the words ", Sub-divisional Judicial Magistrate" shall be inserted; and for the proviso to sub-section (6C), the following proviso shall be substituted, namely : — "Provided that if it is preferred or made in the Court of a District Magistrate or a Sub-divisional Judi- cial Magistrate or Chief Presidency Magistrate. such District Magistrate, Sub-divisional Judicial Magistrate or Chief Presidency Magistrate may Make it over for disposal to any Magistrate subordinate to him, and such Magistrate shah have all the powers and jurisdiction in respect of such claim or objection as if the order of attachment had been issued by such Magis- trate and the claim or objection had been originally preferred or made before him.". 28. In section 95, before the words "District Magi*. trate", wherever they occur, the words "Sub-divisional Judi- cial Magistrate," shall be inserted. 20. In sub-section (2) of section 96, before the words "District Magistrate", the words "Sub-divisional Judicial Magistrate," shall be inserted. 30. In sub-section (1) of section 98,— (1) in the first paragraph, for the words "Sub-divisional Magistrate, Presidency Magistrate or",the words "Sub-divisional Judicial or Executive VIagistrate, Presidency Magistrate or Judicial or Executive" shall be substituted; and (2) in the fourth paragraph, for the words "Sub-divisional Magistral e" , the words "Sub-divisional Judicial or Executive Magistrate" shall be substituted. (3) The West Bengal Separation of Judicial and 15 Executive Emotions Act, 1968: 8 of 1968.1 31. In sub-section (1) of section 106, for the words "District Magistrate, a Sub-divisional Magistrate or a Magistrate", the words "Sub-divisional Judicial Magistrate or a Judicial- Magistrate" shall be substituted. 32. In sub-section (/) of section 167, after the words "nearest Magistrate", the words "having jurisdiction" shall be inserted. 33. In sub-section (3) of section 170, for the words "District 'Magistrate or Sub-divisional Magistrate", the words "Sub-divisional Judicial Magistrate" shall be substituted. 34. In sub-section (1) of section 186, for the words "District Magistrate, a Sub-divisional Magistrate, or, if he is specially empowered in this behalf by the State Govern- ment, a", the words "Sub-divisional Judicial Magistrate, or, if he is specially empowered in this behalf by the State Government, in consultation with the High Court, a Judicial'' shall be substituted. 35. In sub-section (1) of section ;87, for the words "District Magistrate, such Magistrate shall send the person arrested to the District or Sub-divisional Magistrate", the words "Sub-divisional Judicial Magistrate, such Magistrate shall send the person arrested to the Sub-divisional Judicial Magistrate" shall be substituted. 36. In section 190,— (1) in sub-section (1), for the words "District Magis- trate or Sub-divisional Magistrate, and any other", the words "Sub-divisional Judicial Magistrate, and any other Judicial" shall be substituted; (2) after sub-section (1), the following sub-section shall be inserted, namely :.-- "(/A) Any District Magistrate or Sub-divisional Eiecutive Magistrate or any other Executive Magistrate of the first or second class specially empowered in this behalf by the State Govern- ment may take cognizance of any offence upon information received from any person other than a police officer, or upon his own knowledge or suspicion, that such offence has been commit- ted."; (3) for sub-section (2), the following sub-section shall be substituted, namely : — "(2) The State Government, in consultation with the High Court, or the Sessions Judge subject to the verioro I or special orders of the State flo—ernment 'n consultation with the High 16 The West Bengal Separation -of Judicial and Executive Functions Act; 1968. [President's Act Court, may empower any Judicial Magistrate to take cognizance under sub-section (1), clause (a) or clause (b), of offences for which he may try or commit for trial." ; and n sub-section (3), for the words "State Government may empower any", the words "State Govern- ment, in consultation with the High Court, may empower any Judicial" shall be substituted. 37. Section 191 shall be re-numbered as sub-section (1) thereof and,— in sub-section (/) as so re-numbered, for the word "Magistrate'', wherever it occurs, the words "Judicial Magistrate" shall be substituted; and (2) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely :— "(2) When an Executive Magistrate takes cognizance of an offence under sub-section (1A) of section 190, he shall transfer the case to a Judicial Magistrate having jurisdiction to try the same and shall send the accused to such Magistrate, or may, subject to the provisions of this Code. release him on bail on taking from him a bond with or without surety for his appearance before such Magistrate.". 38. In section 192,— (1) in sub-section (1), for the words "or Sub-divisional Magistrate", the words ", Sub-divisional Executive Magistrate or Sub-divisional Judicial Magistrate" shall he substituted; (2) for sub-section (2), the following sub-section shall be substituted, namely — "(2) Any District Magistrate may empower any Executive Magistrate of the first class who has taken cognizance of any case to transfer the same for inquiry to any other specified Execu- tive Magistrate within the district who is com- petent under this Code to hold such inquiry "; and (3) after sub-section (2), the following sub-section shall be inserted, namely:— "(3) Any Chief Presidency Magistrate or Sessions Judge may empower a Presidency Magistrate or any Judicial Magistrate of the first class, as the case may be, subordinate to him who has taken cognizance of any ease to transfer the (4) (1) 711te West. Beanttl Sipartz ors J14dieia1lind _ *.Executive Panctions 'Act, 1958. if of 1968.] same to any other Presidency Magistrate or Judicial Magistrate, as the case may be, who is competent under this Code to try the accused or commit him for trial, and such Presidency Magistrate or Judicial .Magistrate may dispose of the case accordingly.", 30t In section 193,— (1) in sub-section (1), for the word "Magistrate", the words "Judicial Magistrate" shall be substituted; and (2) in sub-section (2), after the words "State Govern- ment", the words ", in consultation with the High Court," shall be inserted. 40. In section 206, for sub-section (1), the following sub-section shall be substituted, namely:— "(1) Any Presidency Magistrate, Sub-divisional Judicial Magistrate or Judicial Magistrate of the first class or any Judicial Magistrate not being a Judicial Magistrate of the third class, empowered in this behalf by the State Government, in con- sultation with the High Court, may commit any person for trial to the Court of Session or Hign Court for any offence triable by such Court.". 41. In section 249, for the words "a Magistrate of the first class, or with the previous sanction -of the District Magistrate, any other Magistrate", the words "a Judicial Magistrate of the first class, or with the previous sanction of the Sessions Judge, any other Judicial Magistrate" shall be substituted. 42. In section 2G0,— (1) in sub-section (1), for clauses (a), (b) and (c) the following clauses shall be substituted, namely : — "(a) the Sub-divisional Judicial Magistrate, (b) any Judicial Magistrate of the first class specially empowered in this behalf by the State Government in consultation with the High Court, and (c) any Bench of Judicial Magistrates vested with - the powers of a Judicial Magistrate of the first class and specially empowered in this behalf by the State Government in consultation with the High Court"; 18 The West Bengal Separation of Judicial and Executive Functions Act, 1968. [President's Act (2) in the proviso to sub-section (1), for the word,. "Magistrate", the words "judicial Magistrate"' shall be substituted; and (3) in sub-section (2),— , (i) for the word "Magistrate", wherever it occurs, the. words "Judicial Magistrate" shall be substi- tuted, and z. (ii) for the word "Bench", wherever it ags", the- words "Bench of Judicial Magistrater'' shall be substituted. 43. In section 261, for the words "State Government may confer on any Bench of Magistrates invested with the- powers of a Magistrate of the second or third class", the- words "State Government, in consultation with the High Court, may confer on any Bench of Judicial Magistrates vested with the powers of a Judicial Magistrate of the second or third class" shall be substituted. 44. In section 263,— (7) for the words "Magistrate or Bench of", the words. "Judicial Magistrate or Bench of Judicial" shall. be substituted; and (2) after the words "State Government may", the words ", in consultation with the High Court," shall be- inserted. 45. In sub-section (2) of section 265, for the words "authorize any Bench of", the words "in consultation with the High Court, authorize any Bench of Judicial" shall be substituted. 46. In section 269, after the words ''State Government", wherever they occur, the words "in consultation with the High Court" shall be inserted. 47. In section 337,— (1) in sub-section (1),— (i) for the words "District Magistrate, a Presidency Magistrate, a Sub-divisional Magistrate or any", the words "Sub-divisional Judicial Magistrate, a Presidency Magistrate or any Judicial" shall be substituted; and (ii) in the proviso, for the words "District Magistrate", wherever they occur, the words "Sub-divisional Judicial Magistrate" shall be substituted; and (2) in the proviso to sub-section (1) and in the remain- ing sub-sections, for the word "Magistrate", wherever it occurs, the words "Judicial Magis— trate" shall be substituted. -The-WCst, Bengal Sepanstso =of jucl4 and KvAdlitivo Fuifotibms Act,' 1968. 8 of 1988.1 48. In section 338, for the words "Magistrate or the District", the words [`Judicial Magistrate or• the Sub- divisional Judicial" shall be substituted. 49. In section 346,— (1) for the word "Magistrate", wherever it occurs, the words "Judicial Magistrate" shall be substituted, and (2) in sub-section (1), for the words "District Magis- trate", the words "Sub-divisional Judicial Magis- trate" shall be substituted. 50. In section 349, in sub-sections (1) and (1A),— (1) for the word "Magistrate", wherever it occurs, the words "Judicial Magistrate" shall be substituted; and (2) for the words "District Magistrate or Sub-divisional Magistrate", wherever they occur, the words "Sub-divisional Judicial Magistrate" shall be substituted. 51. In section 350A, for the words "Bench of Magis---- trates", the words "Bench of Judicial Magistrates" shall be substituted. 52. In section 357,— (1) encr the words "state Government may", wherever they occur, the words ", in consultation with the High Court," shall be inserted; (2) for the word "Magistrate" wherever it occurs, the words "Judicial or Executive Magistrate" shall be substituted; and (3) for the word "Magistrates", the words "Judicial or Executive Magistrate" shall be substituted. 53. In section 387, for the words "District Magistrate", the words "Sub-divisional Judicial Magistrate" shall be substituted. 54. In section 406, for the words "other Magistrate", the words "other Executive Magistrate" shall be substituted. 55. In section 4064,— (1) in clause (b); for the words "the District Magis- trate", the words "any- other Magistrate" shall be substituted, and cg) clause (c) shall be omitted. 20 The West Bengal Separation of Judicial and Executive Functions Act, 1968. preslient's Act 56. In section 408,— C1) for the words", a District Magistrate or any other", the words "or ally Judicial" shall be substituted; and (2) in clause (c) of the proviso, for the word "Magis- trate", the words "Judicial !Magistrate" shall be substituted. 57. In section 413,— for the words "District Magistrate", the words "Sub-divisional Judicial Magistrate" shall be substituted; and (2) for the word "Magistrate", wherever it occurs, the words "Judicial Magistrate" shall be substituted. 58. In sub-section (1) of section_ 425, for the words "passed by a", the following shall be substituted, namely : — "passed by a Judicial Magistrate other than the Sub- divisional Judicial Magistrate, the certificate shall be sent through the Sub-divisional Judicial Magis- trate and if the finding, sentence or order was recorded or passed by an Executive". 1 59. In section 435,— (I) in sub-section (1),— for the words "District Magistrate, or any Sub- divisional Magistrate empowered by the State Government", the words "any Sub-divisional Judicial Magistrate empowered by the State Government in consultation with the High Court" shall be substituted; and (ii) in the Explanation, for the words "Magistrates, whether exercising original or appellate juris- diction,", the words "Judicial Magistrates" shall be substituted; (2) in sub-section (2),— (0 for the words "Sub-divisional Magistrate", the ' words "Sub-divisional Judicial Magistrate" shall be substituted; and (ii) for the words "District Magistrate", the words "Sessions Judge" Shall be substituted; t1) _(i) 0 The West Een -oal Sepairation of inclicid and, Executive Functions Act, 1968 t, 8 of 1968.] (3) in sub-section (4), for the .words "District Magis- trate", the words "Sub-divisional Judicial Magistrate" shall be substituted; and, (1) after sub-section (4), the following sub-sections shall be inserted, namely :— "(5) The High Court or the Court of Session or any District Magistrate or, any Sub-divisional Executive Magistrate empowered by the State Government in this behalf, may calf for and examine the record of any proceeding before any subordinate Executive Magistrate for the purpose of satisfying itself or himself, as the case may be , as to the correctness, legality or propriety of any order recorded or passed and as to the regularity of any proceeding before such subordinate Magistrate and may., when calling for such record, direct that the execution of any order be suspended and if the person is in confinement, that he be released on, bail or on his own bond pending the examina- tion of the record. ifi) If any Sub-divisional Executive Magistrate, acting under sub-section (5), considers that any such.^ proceeding or order is illegal or improper, he shall forward the record with such remarks thereon as he thinks fit, to the. District- Magistrate.". 60. In section 436,— (1) for the words "District Magistrate", whercver they occur, the words "Sub-divisional Judicial Magis- trate" shall be substituted; (2) for the word "Magistrates", the words "Judicial Magistrates" shall be substituted; and (3) for the word "Magistrate", the words "judicial Magistrate" shall be substituted. 61. In section 437,— (1) for the words "District Magistrate" wherever they occur, the words "Sub-divisional Judicial Magis- trate" shall be substituted; and (2) for the word
Excerpt shown. Open the full act in Lexace.