LexThe west bengal separation of judicial and executive functions act, 1970
West Bengal · state statute
Open in Lexace · Ask the AI about this act0 West Bengal Act VIII of 19701 THE WEST BENGAL SEPARATION OF JUDICIAL AND EXECUTIVE FUNCTIONS ACT, 1970. [24rl1 February, 1970.1 An Acr lo re-enocr, wirh nlodificarion, rlre provisions oJ rfre Wesr Ber~gai Separarion of Jlidicial and fiecririve Functio~rs Ad. 1968. Prcsidcnr's ACI a of WHEREAS the West Bengal Separadon of Judicial and Execurive - 1968. Func~ions Act, 1968, providing for theseparalion of the Judiciary from he Executive in the public services in the Srare of Wesl BengaI was enacted by the Prcsidenlof Indiaduring the period of operation of the Proclamation issued by [he President of India on the 20th day of February, 1968, under article 356 of the Constitution OF India in relation to the State of Wesr Bengal; AND \VHE~S it is expedient to re-enact, with modificalion, the provisions of the said West Bengal Separation of Judicial and Executive Functions Acl, 1968; It is hereby enacled in the Twenty-first Year of he Republic of India, by the Legislature of West Bengal, as follows:- 1. (1) This Acr may becalled he West Bengal Separation of Judicial and Executive Functions Act, 1970. (2) It extends to the whole of Wesr Bengal. (3) It shall comeinto force2 at once in hePresidency-town of Calculla and the districls of Hooghly, Bankura, Purulia, Cooch Behar and Murshidabad, and shall come inlo force in [he remaining dislricrs of Wesl # Bengal on such dale as the State Government may, by notification in the Oficiol Gazetie, appoint: Provided that different dales may be appointed for differen~ dishcb and any reference ro he cornmencemenl of this Act in relation to a district shall mean he date on which il comes into force in that district. ACI 5 or 2. The Code of Criminal Procedure, 1898, shalI, in ils applica~on lo 1888. West Bengal, be amended in the manner and to [he exlent specified in the Schedu te. IFor Stnremenr of Objecrs and Rcxons, see hc CaIcrrtfa Gazette, E3mordinar): PartlVA, orlhc 6h August. 1969. page 337: Tor pmeedings orrhc Wcsr Bengal Lcgislauve Asscrnbly.sec Ihc pmccdingsof rhc mccting of har Assembly held on 9th February, 1970. Shon ti~lc, cxlcnl ~d cornmence- mcnt, hcnd- men& lo Ihc Codc or Criminal Rncedure. 1898. This Act cnme inlo lorn in rhc Disuic~ 01 How& and Burdwan. vide nolifica[ion No. 396Scp.. dard rhc 13.5.70 published in [he CalcuIta Gazerre. Enmordiaary, Pm 1 or [he 13.5.70, page 1299. Tlie Wesr Uengal Separariot~ ofhrdicial o~id Execraive F~m~ctior~s Acr, 1970. .ncl5 or (3) The provisions of [his Act which amend thc Code or Criminal ,18911. ' Procedure, 1898, sox to allerthe manner in which, ~heaulhority by which or m he law under or in accordance rvilh which any powers are exercisable shall noL render invalid any nolification, bye-law, rule, regulation, order, commirmenl or allachment duly made or issued or anyrhing duly done beforc the commenccmenr or this Act, and any such notificadon, byc-law, rule, regulation, order, cornmirrnent or attachment or thing, may be revoked, varied, rectified or rcvcrscd in the like manncr, to the likc cxrent and in the like circumslances, as if it had been duly made, issued or done aftcr such commencemen1 by the cornperem authorily and in accordance with [he provisions then npplicilblc to such case. (4) Where, before the commencement of this Act, any power was exercisable under the Code of Criminal Procedure, 1598, by any Mngisrrarc to make any alrerarion in any order made in u proceeding thereunder and [he jurisdiclion in respecl of such proceeding comes to be vested, after such commenccmcnl, in a Judicial Magisirate, such power shall, afler such commencement, be exercised by such Magistrate in accordance wirh [he provisions of !he Code of Criminal Procedure, 1393, as amended by this Act. 5. Ifany dilficully .arises in givingeffecl 10 lhe provisions olthis Acr, Porvcr 10 [he Slate Governmenl, in consulmtion wilh the High Court, may, by order, z$Ki,ics, do any rhing (including [he specificadon of a Magisrmtc, whcthcr Judicial or Executive, a the appropriate Magistrate having jurisdiction in the mallcrconcerned under any law) not inconsistent with such provisions for the purpose of removing [he difficully. THE SCHEDULE (See section 2.) Amendments to the Code of Criminal Procedure, 1898 (Act 5 of 1898). 1. In clause (h) or sub-scction (I) of section 4, for ihc words "a Magistrate", [he words "a Judicial Magisrrare" shall bc subslirutcd. 2. In sub-scc~ion (2) of section 5. for rhe words "but subject 10 any enactment", the words "but, save as othenvise provided by this Code. subject to any enact men^" shall be substituled. The West Bengal Separa~ion of Jrrdicial arrd Erecu~ive F~tncrio~rs Acl, 1970. wat Ben. Acti 3. Forsecrion 6, the following section shall besubstituled, namely:- "c~assfr; or 6. (1) Besides the High Court and he Courts Criminal co,, constituted under any law other than [his Code, for hlagislntw. the lime being in force, there shall be two classes of Criminal Couns in the State, namely:- I. Courts of Session; 11. Couds of Magistrales. (2) Thereshall be thefollowingclassesoFMagism~es. namely:- I. Judicial Magistrales- (a) Su b-divisional Judicial Magismres: (b) Judicial Magistrates of the firs1 class; (c) Judicial Magisbares of the second ~1~s; (d) Judicial Magistram of thc bird chs; (e) Special Judicial Magismtes; (f) Presidency Magislrales. iI. Execulive Magislrales- (a) Dislricr Magiswtes; (b) Sub-divisional Exccutive Magistrates; (c) Execulivc Magistrates of the firs1 class; (d) Execulive Magis~mres of the second class; (e) Executive Magistrate of the Third class; (f) Special Executive Magistrates; (g) Special Presidency Magistrates. 4. Forsection 7, he following section shah besubstituted, namely:- "Sa~sions divisions 7. (1) The Srale of West Bengal shall consist md disvicu. of sessions divisions; and every sessions division shall, for the purposes of his Code. be a district or consist of districts. (2) The State Government, in consultation with Ihe High Cour~, may alter the limils or Lhc number of such divisions and districts. (3) The sessions divisions and districts existing when rhc West Bengal Separation of Judicial and Executive Functions Act, 1970, comes inlo force shall be sessions divisions and districts respectively, unless and until they are so altered.". 5. In section 9,- (1) in sub-section (11, for the words "and appoinr", he words "and, in consultation with thc High Court, appoin~" shall be subs~ituted; Tlie Wesl Bargal Sepumfiotr of Jlrdicirrl a~rrl Execrrtive F~ulcrions Acr, 1970. (2) in sub-sccrions (21, (3) and (4), for the words "S~ate Governmenl", wherever [hey occur, the words "S~nle Governmenl, in consullalion wilh the High Coun," shall be substituted. 6. In scclion 10,- (1) in sub-seclion (I), for the words "a Magisrnte", the words "an Executive Magismale" shall be substirured: (2) in sub-section (2), for thc words "any Magistrate", [he words "any Execulivc Magisrwre" shall be subslituted; and (3) in sub-section (3), for the words, figures and br;lcke[s"secrions 192, sub-section ( I)", [he words, figures and brackels "secdons 88, sub-section (6C), 124,125,192, sub-seclion (1)" shall be substiwted. 7. For section 12, the foIlowingsectjonshallksubsliluted, namely:- "Subordi- 12. (1) The Srare Govcrnmcnt may appoinl as nille hcculjvc many persons as il rhinks fi~, bcsides thc Dislricl ;lnd Magismarcs to be Exccuri ve Magistrites of the first, Magis~nrcs. second or lhird class in any districr oursidc the presidency-town and the State Govern~nenl or [lie Dis~rict Magislra~e, subject 10 the conrrol of lhe Stale Governmenl, may, irom rime to lime, define lhc local areu wirhin which such persons may exercise all or any of thc powcrs with which they may respectiveIy be invesred under [his Code. (2) The Srare Govcmmcnlmay, in consultarion with he High Court, appoinl as many persons as ik thinks fit, irom among [hc members of the Judicial Service of [he Stalc to be Judicial Magistrates of the firs[, second or rhird class in any districl, outside the presidency [own and the Slate Governmenl in consultation with the High Court or the Sessions' Cour~, subject 10 the conlrol of the slate ~overnmen~klin~ in consultation with [he High Coun, may, from ~imc lo lime. define [he local areas wirhin which such persons may eexcrcise all or any of the powers wilh which they may respectively be invcstcd under [his Code. (3) Notwirhslanding anything contained in sub-secdon (I). the State Govcmmcnl may, in consultation with the High Court, appoinl for such period no[ exceeding fivc years horn lhc commencement of the West Bengal Separalion of Judicial and Execurive Functions Act, 1970 in any dislrict outside the presidency- rown as many pcrsons, as it considers necessary, who are or have been members or [he West Bcngal Civil Scrvicc The Wesl Bellgal Separation of Jitdicial atrd Erecutive Frdncrions Act, 1970. [Wcsi Ben. Act (Sclicdrrl~.) (Executive) orchc West Bengal Junior Civil Service, to be Judicial ! Mngisrrates in such district, and, the Sme Government in consullation wilh he High Court or the Scssions Judgc, subject to thecontrol of r he S talcGovernmentacting inconsul~alion wi~ h the High Court, mny define the local ucaq wilhin which such persons may exercise all or any of the powers with which they may bc invesled under this Code. (4) Except as ohenvise provided under sub-seclions (I), (2) and (3), [he jurisdiction and powers of Execulive Magislratcs and Judicial Magisuates shall extend lhroughaut he district. (5) Appointmenr and control of Judicial Magistrates under sub-sections (2) and (3) shall, on Ihc issue of a nolificalion published under anicle 237 of [he Conslitution of India, be in accordance wi~h the terms of he said notification.". 8, In seclion 13,- (a) in [he marginal nore, for thc word "Magistrate", [he words "Executive Magis~ate" shall be subsliwrrd; (b) in sub-seaion (11, for the word "Magislratc". the words "Execulive Magistrate" shall be substituted; and (c) for sub-section (3), the following sub-seclion shnI l be substituted, namely:- "(3) Such Executive Magistrates shall be called Sub- divisional Executive Magistrates.". 9. Artcrseclion 13, the following secrion shdI beinserted, namely:-- "Appoint- 13A. (I) TlteHighCourt may placeanyJudicia1 mcnt of Sub- divisional Magistntc of the first or second class in charge of a Judicial sub-division, and may relieve him of the charge as Magismtcs. occasion requires. (2) Such Judicial Magistrales shall be caIled Sub-divisionaI Judicial Magistr~tes. (3) The High Courl may delegale its powers under his section to he Sessions Judge of the disuict, subject to such conditions, if any. as it chinks fil.". "SpcciaI 14, (I) Thestme Governrncntrnay conrerupn Execurivc rind JudiciJt any person who possesses such qua1ifications as hlngislrdtes. may be specitied in [his behalf by lhe Slate Government, by no~ificauon in the OBciol Gazerrr. all or any of he powers conferred or conferrable by or under his Code, on an The West Bengal Seporn~ion of Jzrdicinl and &ecvtive Frwc~ions Act. 1970. VIII of 1970.1 Executive Magistrate of the first, second or third class for a particular purpose or particular purposes, in any local area. oursidc thc prcsidency-[own. (2) Such Magistrates shall be called Special Executive Magis~ra[cs and shall be appointed for such term as thc Stalc Governmen1 may, by general or special order. direcl. (3) TheStatc Govcrnmcnt may delegate, wih such limitation 3s it thinks fit, to any officer under its control thepowersconfcrrcd by sub-secrion (1). (4) The Starc Government may, in consultation with the High Coun, confer upon any person who holds or has hcld any judicial post under the Union or a Slate, or possesses such other qualifications, as may, in consullauon with the High Coun, be specified in this behalf by the State Government by notification in he OficiolGazette, allorany of thepowersconfedorconfer~ble by or under his Code, on a Judicial Magistrate or thc first, sccond or [hid class in regard to particular cases or lo a parlicular class or particularclasses ofcases, or in regard to cases generally, in any local area outsidc thc presidency-town. (5) Such Magistrates shall be called Special Judicial Magis[n[es and shall be appointed for such term as the State Government may, in consuItation with the High Coun, by general or special order, direct. (6) No powers shall be conlerred upon this scction on any police-oficer below [he gmdeof Assistan1 Disuic~Superintendent, and no powers shall be conferred on a police-officer except so far as may be necessary for preserving [he peace, preventing crime and detccring, npprchcnding, and detaining offenders in order to heir being brought Wore rhc appropriate Magistmtc and (or the performance by [he officer of any olher dutics irnposcd upon him by any law for the rime being in force.". 1 1. In section 15,- (a) in [hc muginal note, for the words "Benches of Magistrates", the words "Benches or Judicial Magisrrates" shall be substituted; (b) in sub-seclion (1)- (i) after the words "Srate Govemmeni" in he cwo places where they occur, the words "in consultarion with he High Couri" shall be substituted, (ii) for he words "or more Magishates", the words "or more Judicial Magistrales" shall be subsritutcd, The West Bctrgul Separarion of J~rdicial and Execrrtive Fturcfiorrs Acr, 1970. [West Ben. Aci (iii) for the words "a Magisbale", he words "a Judicid Magistrate" shalI be substituled; (c) for the words "a MngisWate" in the rwo places where they occur, Ihc words "a Judicial Magistrate" shall be subsdluted. 12. In section 16,- (1) for the words "State Governmen1 may, or, subject lo the conrrol ofrheslale Government, Ihe Dislrict Magistrate", Ihe words "High Court with the previous approval of the State Government' shall be subsliluled; (2) for the words "Magislrata' Benches" hc words "Benches of Judicial Magis~ates" shall be substituted; (3) Tor ihe words "Magistrates in Session", the words "Judicial Magistrates in Session" shall be substituted. 13. For seclion 17, the following sections shall be substituted, namely:- "SU bordina- 17. (I) All Executive Magistrrrres appointed lion of underseciions 12,13 and i4 sha~l be subordinate lo Magism[=. the Dislrict Magistrale, and he may, from time lo time, make rules or give special orders consistcnl with this Code as lo the distribution of business arnongsr such Magistnles. (2) Every Execurive Magistrate in a sub-division shall be subordinale lo the Sub-divisional E~ecuuve Magismte, subject, however, ro thc general conlrol of the Dislrict Magistrare. Sulwrdihdon 17A. (1) All Judicial Magismites appointed of Judicial Magismrcs under seclions 12. 13A and 14 and all Benches and consti~uied under section 15, shalI, subject to the control ofthesessions Judge, besubordinatc lo thesub-divisional Judicial Magistrate and the Sub-divisional Judicial Magisrmre may from time to time disrribute the business amongst such Judicial Magislratts and Benches consisten~ly with his Code and ll~e rules framed by thc High Coun. (2) TheSub.divisionalJudicialMagistra~eshal1 bcsubordi nate to the Session Judge. (3) Notwithstanding anything contained in sub-section (I), Ihe Sessions Judge may, if for any reason he thinks fit so to do. distribulc hc business referred lo in that sub-seclion amongst the Judicial Magistrates and Benches within the sessions division consistently with this Code and Ihe rules framed by the High court. Tfrc West Bellgal Separatiotr of Jrtdicinl und Execurive Frdncriot~s Act. 1970. Subrdination 17B. (1) All Assistant Sessions Judges shall of A<sisIant Scsrions be subordinate to thesessions Ju Jge in whosecourt JudgcroIhc [hey may exercise jurisdiction and the Sessions Scssions Judge. Judgc may from time to rime disuibute thc business amongst such Assistan1 Session Judges consistentIy wirh this Code and the rules framed by [hc High Court. (2) Thc Scssions Judge may atso, when he himself is unavoidably absenl or incapable of acting, make provisions for [he disposal of any urgent application by an Addirional or Assistant Sessions Judge or, if there be no Addirional or Assisranr Sessions Judge, by the Sub-divisional Judicial Magistrate, and any such Judge or Magistrate shall have jurisdiction to deal with any such application. Dele6a1i0n 17C. TheHigh Court, andsubject roils control powcrs by nigh Coun. the Sessions Judge, may aulhorize an Additional Sessions Judge lo pcrfom within its jurisdiction all or any of the powers of supervision and control over Lhe Judicial Magistralcs. lnrcrior Criminal 17D. Courts of Sessions and Courts of Courts. Magisirales shall be Criminal Couns inferior to rhc High Coun and Courts of Magistrates (excluding CounsofPresidency Magistra~es) shall becriminal Courls inferior to the Court of Session.". 14. For section 18, the following sec~ionshall hesubstiruted, namely:- "hppoinl- mcnt of 18. (1) Subject to the provisions of sub Prcsidcncy sections (4) nnd (3, the Stale Governmenr in M?gis1rz[e, consultation wilh the High Court,- (a) shall, from time to lime, appoint a sufficient number of persons (hcrcinaftercalled Presidency Magislrates) to be he Magisbales lor the presidency-[own of Calcutta and shall appoint one of such persons to be the ChieF Presidency Magistrate for such town; (b) may also appoin~ one or such Presidency Magistrates to be an Additional Chief Prcsidency, Magisuate and such Additional Chief Presidency Magiskate shall have all or any of the powers of the Chief Presidency Magistrate under [his Code orundcrany other law for the time being in force. as the State Govemrnenl, in consultaion wih he High Court, may direct. (2) The powers of a Prcsidency Magistrate under this Code shall be exercised by the Chicr Prcsidency Magismre or by any Presidency Magistrateor by any Bench orl'residency Magistrates. The Wesr Berrgal Separation of Jrrdicial alld Exccrrtivr Fitncrions Acf, 1970. ! [West Ben. Act (3) A Presidency Magistrate may be appointed under [his scclion for such terrn as Ihc S~ateGovernment in consultation wilh rhe High Court, may, by gcncml or special order, dircct. (4) The Chief Presidency Magis~rate and the Additional Chief Presidency Magistrare shall be appointed from ,mong the members of the West Bcngal Higher Judicial Service. (5) The otherpresidency Magistrates shall be appointed from among [he members of the West Bengal Civil Service (Judicial): Provided hat as many Presidency Magistntes, as may be considered necessary, may also be appoinled from among he rnembcrs of the Wesr Bengal Civil Service (Excculive) or West Bengal Junior Civil Service for such period no1 exceeding five years from ~hc commencement of [he West Bengal Separation of L Judicial and Executive Functions Act, 1970, in the presidency- town of Calcu~ta, as ~hc Stale Government, in consultation wich rhe High Court, may think fit. (6) Appointment and coalrol of Presidency Magistntesunder sub-sectian (5) shall, on theissucof a notification published under aidicte 237 ofthc Constitution of India, be in accordance with the tcms of the said notifica~ion.". 15. Aftersec~ion 18, thc following seclion shall beinserted, namely:- "SpeciaI I8A. TheState Government may alsoappoinl, Prcsidcncy Myiru;lv, for such terrn it may. by special or general order, direct, any person as a Presidency Magisirale for the performance of all or any ofthe iunctions of a Presidency Magistrate excepting (hose rclating 10 inquiry inlo. or cognizance, investigation or Irid of any offence. Such Presidency Magisrrales shall be called Special Presidency Magis~rates.". 16. In section 21,- (1) in sub-seclion (I),- (a) for the words "with the previous sanclion of he State Governrnenl", the words "wilh the previous approval of the High Court" shall bc substituted; (b) in clause (e), for the words "could be deal1 with by a District Magiskate", the words "requires 10 be dealt wilh by him" shall be subslituted; (2) in sub-section (2), after the word "declare", the words ", in consulValion with the High Court," shall be inserted. 17. In clause (a) of sub-section (1) of section 22B, for the words "nearest Magistrate", the words "nemsL Magistra~e having jurisdiction" shall bc substimted. 18. To sub-section (I) of section 29, [he following proviso shall be added, namely:- "Provided that if the Coun so mentioned is a Court specified in column 1 of the Table below such offencc shall be lried by the Coun of Judicial Magiskate specified against it in column 2 hereof. The Tahlc Name or Court specified Courl by which triable. in [he law. (11 (2) I. Districr Magistrate 1. Sub-divisional Judicial Magisrate. 2. Magiskale of the first class. 2. Judicial Magiskale of the first class. 3. Sub-divisional Magisirate. 3. Sub-divisional Judicial Magislrale. 4. Magiarate of the second 4. Judicial Magistrate of Lhe class. second class. 5. Magistrate of Ihe third class. 5. Judicial Magislratc of he lhird class. 6. Magistrale. 6. Judicial Magisirale.". 19. In section 29B.- (a) ror the words "a Disrria Magisimle or a Chief Presidency Magistrate, or by any Magistrate specially empowered by the Slate Govemmcnt," the words ''a Sub-divisional Judicial Magistrate or a Chief Presidency Magistmtc, or any other Judicial Magismarc specjaIly empowered by the Slate Government in consultation with the High Court" shall be substituted; (b) For he words "exercise all or any OF \he powers conremd thereby", Lhe words "by such persons" sharl be subsliruled. The West Bengal Separation of Jridicial arrd Evc~crrii~~e Frrrlcrions Acr. 1970. 20. Forsection 30, thefollowingsecdonshall besubsrituted, namely:- uorr~n~~~ punishablc 30. Nolwilhslanding anyrhing conlained in with section 28 or section 29, the Slate Government may, imprisonmcnr in consultation wilh the High Court, invest any not exceeding seven ymrs. Judicial Magismte of the firs1 class with power lo lry as a Magiskale a11 offences nor punishable with death or with imprisonment for life or with imprisonment for a lerm exceeding seven years: Provided that no such Judicial Magistrale shall be invested with such powcrs unless he has, for not less than ten years, exercised powers not inferior to hose of a Judicial Magisbole 01 lhe First class: Provided furlher lhal if any Judicial Magistra~e oC the first class has, prior to his appojnlment as such Magisirale, exercised rhe powers of an Assis~ant Sessions Judge, he may be invesled wilh the powers under this section nolwilhstanding that he has not exercised [he powres of a Judicial Magismale of the first class For ten years.". 21. In section 32,- (a) in the marginal note. for the word "Magistrate", the words "Judicial Magis~tc" shall be subslituted; (b) in sub-seclion (I),- (i) for the words "Magistnles of the first class", [he words "Judicial Magistrales of the first class" shall be subsd tuted; (ii) in cIausc (b). for the words "Magislntes of Ihc second class", Ihe words "Judicial Magistrates or chc sccond class" shall be subsliluted; (iii) in clause (c), for the words "Magistrates of thc thid class", [he words "Judicial Magistrates OF the lhird cla-ss" shall be substituted. 22. In section 33,- (1) in the marginal note, for the word "Magistrates", the words "Judicial Magistntcs" shall be substitured; (2) in sub-section (I), for the words "any Magistra[c". ~hc words "any Judicial Magiskale" shall be substiluled. [WCS~ Bcn. Act t. 23. ln section 34.- (1) in [he marginal notc, for [he words "District Magistrates", the words "Judicial Magisuates" shall bc substituttd; (2) For the words "Court of a Magismleu, the words "COUII of a Judicial Magistrate" shall be subslimled. The Wesl Berl~al Separatio~l of Judicial and Ereerrlive F~~nctions Acr, 1970. 24. In cIause (b) of the proviso lo sub-section (2) of section 35, for he words "a Magistrate", in the two places where hey occur. [he words "a Judicial Magistrate" shall be substituted. 25. Forsection 36, the following sectionshall besubstituled, namely:- "Ordinary 36. All Djstrict Magisuates, Sub-divisional plvcm or ~~~i~~~~~~. Execu~ivc Magistrata and Executive Magistrates of the first, second and third class and alI Sub- divisional Judicial Magistrates and Judicial Magislrales or [he firs[, sccond and lhird class have powers hereinaficr respecljvcly conferred upon them and specificd in [he Third Schedule. Such powcrs are callcd their 'ordinary powers'.". "Additional 37. In addilion to his ordinary powers,- po\rrcrr conrcrnb!~ on Judicial and Enecu~ivc Magishales. (a) any Judicial Magistrate may bc inveslcd by the State Government, in consullation wilhthe~i~h~ourt, with any of ihe powers specified in Part IA or Ihe Fourth Schedule as powers with which he may be invested by the State govern men^ in consultalion wilh Ihe High Courl; (b) any Judicial Magistrale may be invested by the Sessions Judgc to whom he is subordina\e wih any powrrs specified in Pa IB of the Fourth Schedule as powers wih which he may be invcsled by the Sessions Judge; (c) any Executive Magistrate may be invesled by [he Stale Government wilh any of he powers specified in Part IIA of 1heFourth Schedule as powers with which hemay be jnveslcd by the State Governmenl; (d) any Executive Magisirale may be jnvesled by Ihe Districl Magistrate to whom he is subordinate with any ofthe powers specified in Part nI3 of the Foufi Schedule as powers wilh which he may be invesled by the Dis~rict Magistnte.". 27. Forscction 38, Lhcf~llowingsec~ionshalI besubstituted, namely:- "Conirol of Ihc investing 38. The powerconferndon rhtsessions Judge po~~r~ or Be by clause (b) of seclion 37 shalI beexercised subjcct scssion5 to Ihc chtrol or the High Court and the powcr Judgc and rhc Dislricr conferred on [he District Magistrate by clause (d) of Magismle- thalsection shaIl be exercised subjec~ io the conrol of [he Stale Government.". The Wesr Berlgal Sepam~iori 4Jirdiciol at~d fiectrtive F~incrions Acl. 1970. [West Bcn. Act 28. Af~er section 38, thc following section shall beinserted, namely:- ,. , . . "'Judicial 38A. Whenever under any provisions of this powcrs to bc cunr~md in Codc Or any olher law for lhc lime being in force, cansullalion any judicial powers ure to bc coderred by the Slale with Ihc High Coun. Government on a Sessions Judge or an Additional or Assisrant Sessions Judgcor aSub-divisional Judicial Magistrale or any olher Judicial Magismre, or any such Judicial Magistnle is to be specially empowered lo exercise such powers, he order conferring such powers or empowering thc c~ercise of such powers shall be made by he Slate Governmenr in consul tation with the High Caurt nolwilhstanding tharsuch provision may not expressiy so provide. Exylanatiotr.--For Ihe purposes of this sccdon, the question whether any powers are judicial shall be decided by thc State Govcmmen~inconsullation with the High Court andsuchdecision shall be final.". 29, In section 40, for the words "Sla~e Governrnen~ orherwise direct". [he words "Statc Government, in consul~arion with the High Court, where necessary, othenvise dirccrs" shall be substiruted. 30. In section 4 1,- (1 ) after rhe words "Srare Government", the words "or, where the confermcnl of power was in consulta~on wilh the High Coun, the State Government, in consultation with the High Coun," shall be inserted; (2) for sub-scclion (2), the Following sub-section shall be subslimted, namely:-- "(2) Any powers conferred by lhc Sessions Judge or the Dislricl Magistrare may be withdrawn by [he Sessions Judge or the Dislrict Magistrate, as rhc case may be.". 31. In section 57,- (1) in sub-seclion (2), for he word "Magisrate", he words "Judicial Magismrc" shall be substituted; (2) in sub-seclion (3), for he word "Magismte", the words "Judicial Magisrrale" shall be substirured. 32. In section 62, for [he words "to the District Magistrate or, if he SO directs, to thesub-divisional Magistrate", the words "to thesub-divisional Executive Magismte and the S~b~divisional Judicial Magistrare" shall be subsliruled. . 33.. Insection 63, af~er he words "of a Magistrate", the words "having jurisdiction" shall be inseried. The West Bellgal Separariotl a! Judicial and fiec~rrive Frmcrionx Acf. 1970. (Schedule. ) 34. In sub-section (1) of section 78, for the words "or Sub-divisional Magistrate", the words ", Sub-divisional Executive Magistrate or Sub- divisional Judicial Magisuate" shall bc substituted. 35. In section 88,- (1) in sub-scclion (21,- (a) after che words "District Magisuate", the words ", Sub. divisional Judicial Magislnle" shall be inserted; (b) for~he words "wilhin whosedistrict", the words "wirhin whose jurisdiction" shall be substi[uled; (2) in sub-seclion (6B), after Ihc words "District Magistrate", [he words ", Sub-divisional Judicial Magishate" shall be insened; (3) for the proviso 10 sub-sec~on (6C), thc following proviso shall be substituted, namely:- "Provided that if it is preferred or made in he Court of a District Magistrate ora Sub-divisional Judicial Magismtc or the Chief Presidency Magistrate, such District Magisuate, Sub-divisional Judicial Magistrate or Chief Presidency Magistrate may make it over Tor disposal 10 any Magistrate subordinale 10 him, and such Magishate shall have all he powers and jurisdiction in respec[ or such claim or objection as if lheorderof attachrnenrhad been issued by such Magistrate and the claim or objection had been original ty preferred or made before him.". 36. In section 95, afler [he words "District Magistrate", in lhe two places wherc hey occur, the words, "Sub-divisional Judicial Magistrale" shall be insened. 37. In sub-section (2) of seclion 96, after the tyords "District Magistrate", the words ", Sub-divisional Judicial Magistrate" shall be inserted. 38. In sub-seclion (1) or secrion 98,- (1) in the firs1 paragraph, for the words "Sub-divisional Magistrate, Presidency Magistrate ~r", he words "Sub- divisional Judicial Magisirale, Presidency Magistrate, Sub- divisional Execulive Magisbale or Judicial or Executive" shall be substiluled; (2) in [he fourth paragraph, for the words "Sub-divisional Magistrate", rhc words "Sub-divisional Judicial Magistnre, Sub-divisional Excculive Magistrate" shall be substiluted. Tlre Wesr Bettgal Separatioa of Jlidi~*i(d atrd Exec~iti~w Frulcriorrs Acr, 1970. [West Ben; Act 39. In section 100, for the words "Magislra~c orlhc first class or Sub- I divisional Magismre". the words "Sub-divisional Execurive Magismre, 1' , - Execu~ive Magislrare of thc firs1 class, Sub-divisional Judicial Magistme or Judicial Magistrale of [he firs1 cInss" shall bc substitured. 40. In sub-section (1) OF scction 106, for [he words "a District Magistnte, a Sub-divisional Mngisrrarc or aMagistrate of the first class", the words "a Sub-divisional Judicial Magistrare or a Judicial Magistnte of the first class" shall be substituted. 41. In section 107,- (I) in sub-section (1). for [he words "Sub.divisiona1 Magishale or Magistnte of the first class", the words "Sub-divisional Executive Magisrnre or Executive Magismale of Ihe first class" shalI be substirulcd; (2) in sub-secrion (3), for the wards "any Magisrnte", rhe words "any Executive Magistrate" shall be subsululed. 42. In sec~ion 108, for the words "Magiswale of [he first class", the words "LExecutive Magistrale of the fira class" shalI be subsliruted. 43. In sec~on 109, for the words "Sub-divisional Magistrate or Magistrate of 111e first class", the words "Sub.divisional Executive Magistrate or Executive Magisrate of he first class" shall be subsrituted. 44. In secrion 110, for the words "Sub-divisional Magisbale or a Magisuate of lhe first class", the words "Sub-divisional Executive Magistrateor an ExeculiveMagismteofthefirst class" shall besubsti tuted. 45. For section 126, the following section' shall be substituted, namely:- "Disch~gcof 126. (1) Anysuretyforthepeaceableconduct surc~ics. or good behaviour of anolher person may a[ my time apply lo the Court by which an order was made to give securily to cancel any bond executed under this Chapter within the local limirs of its jurisdiction. (2) On such application being made, the Court shall issue summons or warrant, as it may rhink fit, requiring ihe person, for whom such surety is bound, to appear or to be brought before il.". 46. In sub-seclion (I) of section 127, for chc words "Any M~gistmte", he words "Any Executive Magistrate, Presidency Magisuale" shaIl be subslitu ted. 77le Wesr Berrgal Separarior~ of J~rdicial atld Evecutive Frtrrctions Acr, 1970. 47. In section 128, for the words "any Magistrare". the words "any q: Executive Magistrate, Presidcncy Magistrate" shall be subslituted. 48. 1n section 129, for the words "Magisuale of the highest rank", the words "E~ecuuve Magislrale of the highesi rank of the Presidency Magistrate" shall be substiiu~ed. 49. In scclion 13 1 ,- (a) for the words "no Magistrate", the words "no Executive Magislrate or Presidency Magistrate" shall be subst iluted; (b) For the words "with a Magistrate", the words "wirh any such Magistrate" shall be subslimled. 50. In sub-section (I) of section 133,- (1) in [he lira paragraph, Tor the words "a Sub-divisional Magistrale or n Magisrrale of [he firsr class", [he words "a Sub-divisional Execulive Magislrate or an Executive Magistrate of the first class" shall be substiruted; (2) in [he last paragraph, for the words "some other Magistrale", the words "some other Executive Magisrrate" shall be subs~itulcd. 5 1. In section 143, for the words "Sub-divisional Magistnte, or any olher Magislrate", Ihe words "Sub-divisional ExeculiveMagisb-ate or any olher Execurive Magistrate" shall be substimled. 52. 1n sub-scclion (1) of section 144, for the words "S~b~divisional Magistnre, or of my other Mngisrrale", Lhc words "Sub-divisional Execuliv,e Magistrate. or of any Presidency Magistrate or Execulive Magisrrale" shall be substituted. 53. In sub-sec~ion (I) of scclion 145, for the words "Sub-divisional Magismre or Magistnte of [he first clnss", the words "Sub-divisional Executive Magistnre or Execurive Magislrare of [he firs1 class" shall be substituted. 54. In sub-secdon (1) of secrion 147, Tor he words "Sub-divjsional Magismale or Magisrrare of the firs[ class", he words "Sub-divisional Executive Magislmle or Executive Magisrnte of the firs[ class" shall be subslituted. 55. In sub-sect ion (1) of seclion 148, for Ihe words "Sub-divisional Magistrate", the words "Sub-divisional Executive Magistrate" shall be substi~uted. Tile Wesr Dengal Separariot~ of Jirdicial atid Exec~rtivc Fusctions Acr, 1970. [West Ben. Act 56. ln section 155,- (1) in sub-secrion ( I), for the words "the Magislrate", the words "the Judicial Magismite having power lo Lry Dr inquirt: into the offence" shall be substituted; (2) insub-section(2),forthe~vords"aMagis~a~e",~hewords"a Judicial Magistrale" shall be subslimled. 57. In su b-section (1) of scclion 164,- (I) for the words "Magistrate of he firs! cl~s", the words "Judicial Magisimtc of the first class" shall be substituted; (2) for the words "Magistrate or the second class", the words "Judicial Magistnte of the second class" shall be substituted. 58. Insub-seclion (5)ofseclion 165. Zorthe words "ncuest Magistrate", he words "newt Judicial Magistn~e" shall be subslitulcd. 59. In sub-seclion(4)ofsecrion 166, for the words "nearest Magistrate", Ihc words "nearesl Judicial Mugislrale" shall bc substituted. 60. In seclion 167,- (1) in sub-sec~ion (l), for the words "nearesk Magistrate", Ihe words "ncmest Judicial Magistrate" shall be substituted; (2) in [he proviso to sub-section (2), for the words "noMagislrale oflhz rhird class, and no Mngistnte of the second class", the words "no Judicial Magismale of the third class, and no Judicial Magistrate of (he second clnss" shall be substituled; (3) for sub-secrion (4), the following sub-section shall be substituted, namely:- "(4) Any Magismtc giving such order shall rorward a copy of his order, wih his reaqons for making ir, to the Sessions Judge.". 61. In sub-sect ion(3) ofsection 170, for he words"Dis&ict Magistrate or Sub-divisional Magistrare", the words "Sub-divisional Judicial Magismre" shall be subslimled. 62. In section 174,- (1) in sub-scclions (1) and (2), Ibr the words "Sub-divisional Magismrc", the words"Sub-divisional ExecutiveMagislnte" shall be substiluted; The West Be~rgal Separatior~ of Jt~rlicial aud Execrrtive F~olcrions Act, 1970. VIII of 1970.1 (2) in sub-scction (S), for the words "Sub-divisional Magistrate * .: or Magistrate OF [he firs1 class, and any Magistnte", the words "Sub-divisional Executive Magisrate or Execulive Magistrate of the Firsr class, and any othcr Executive Magistrate" shall be subsu tuted. 63. In sub-seclion (1) ol scction 186, for he words "a Dislricl Magistratc, a Sub-divisional Magistrate, or, if he is spccialIy empowered in [his behalf by thc State Govem~nenl, a Magistrate of the IIrstcla5s", the words "Su b-divisional Judicial Maginra~e,or. iihe is specially empowered in his behalfby the StateGovemment in consul~a!ion wil h the High Coun, a Judicial Magistnle of the firs1 class" shall be substitulcd. 64. Insub-seclion (1) olsection 187, forthe words"~islrict ~agisrate, such Magistrate sllall send the person mestcd to the Districl or Sub- divisional Magistrate", [he words "Sub-divisional Judicial Magisirate, such Magismale shall send the person firresled to the Sub-divisional Judicia t Magistrale" shall be substituted. 65. In section 190.- (1) in sub-sec~on (I), for the words "Dia~ric~ Magismale or Sub-divisional Magistrate, and any orher", ~hc words "Sub- divisional Judicial Magistrate. and any other Judicial" shall be subsrituted; (2) aftcr sub-section (I), the following sub-scclion shall be instried, namely:-- "(I A) Any District Magistratc or Sub-divisional Executive Magismte or any other Execulive Magistrate or the first or secondclass specially empowered in this behat f by the Srate Government may takc cognizance of any offence upon information received from any person other than a police officer, or upon his own howledge or suspicion, that such offence has been commi~ted."; (3) for sub-secdon (2). the foIlowing sub-section shall be substituted. namely:- "(2) Thc Suie Government, in consultation wilh the High Coun, or the Sessions Judge subject to the general or special orders or the State Governmenr in consultation with the High Court, may empower any Judicial Magistrale to lakc cognizance under sub-section (I), clause (a) or clause (b), of offences for which he may try or co~nmil for trial."; and Tile Waf Betrgul Sepamriorr of Jlrdicial nnd Erecurive Firrrclio~u Act, 1970. [West Ben. Act (4) in sub-secdon (3), for the words "State Government may cmpower any", the words "ShteGovernment, in consultarion wirh [he High Court, may empower any Judicial" shall be substiluted. 66. Seclion 191 shall be re-numbered as sub-seclion (1) [hereof and,- (I) in sub-section (1) as so re-numbered, for the word "Magistrale", whcrcvcr it occurs, the words "Judicial Magisrrale" shall be substituted; and (2) after sub-section (I) as so re-numbercd, the following sub- seclion shall be inserled, namely:- "(2) When an Executive Magistrate takes cognizance of an offcnce undcr sub-section (1 A) OF seclion 190, he shall uansfer he case to a Judicial Magisirate having jurisdiclion lo try the same and shall send lhe accuscd to such Magistnte, or may, subject to Ihe provisions of lhis Code, release him on bzlil on laking From him a bond wilhor wilhoul sureties for his appearance before such Magis~rate.". (1) in sub-section (I), for the words "or Sub-divisional Magistrate", th-eiewords ", Sub-divisionalExecutiveMagis~n~e or Sub-divisional Judicial Magistmre" shall be substituted; (2) for sub-scction (2), the Following sub-section shall be subslituled, namely:- "(2) Any DjstricrMagisuaremay ernpowerany Execu~ve Magistme of the first class who has taken cognizance of any case to lransfer the same for inquiry lo any other specified Execulive Magislralc within the dislrict who is compelent under this Code to hold such inquiry."; and (3) after sub-seclion (21, [he folIowing sub-scclion shall be inserted, namely:- "(3) Any Chiefpresidency Magistrate or Sessions Judge may empower a Presidency Magistrate or any Judicial Magistra~e of the first class, as the case may be, subordinate lo him who has lakcn cognizance of any case to tmsfer the same lo any olher Presidency Magistralc or Judicial Magistrare, as the case may be, who is cornpelenl under [his Code to cry the accused or commir him for Irial, and such Presidency Magistr~te or Judicial Magistrate may dispose'of [he case accordingly .". The West Bellgal Seporutiotr oj Jrrdicinl and heclrrive F~rtic~ions Acr, 1970. 68. In seclion 193,- $< (1) in sub-section (I), for thc word "Magistrare", thc words "Judicinl Magismre" shall be subslirured: and (2) in sub-section (2). after Ihe words "Sratc Governmem", the words ", in consulrauon with Ihe High Court." shall be inserted. 69. In secrion 200, Tor hc words "A Magistrate", thc words "A Judicial Magismre" shall be subs~iluted. 70. In sub-section (I ) of section 202, For [he wards "Any Magistrate". [he words "Any Judicial Mugistmrc" shall be substituted. 7 1. Tn sub-section (I) of section 204, for the words "a Magistrate taking cognizance of an ofrence", the words, figures and brackets "a Judicial Magistrate taking cognizance of an offence, or of a Judicial Magistrate ro whom ;I case has been vansferred under sub-seclion (2) of section 191" shall be subsrirured. 72. In section 206, for sub-section (I), the Following sub-secrion shall be substituled, namely:- "(1) Any Presidency Magistrate, Sub-divisional Judicial Magistrate or Judicial Magistrate of the first class or any Judicial Magiswate not being a Judicial Magistrate of the third class, empowered in fiis behalf by the State Government, in consullation with the High Court, may commit any person far trial lo [he Coun of Scssion or High Court for any offcnce rriable by such Coun.". 73. In section 249, for the words "a Magistrate of he firs1 class, or with the previous sanction of the DistriclMagisuate, any otherMagislratel', the words "a Judiciill Mugistrare of the first class, or with the previous sanclion of the Sessions Judge, any orher Judicial Magis~rale" shall be subslitu red. 74. [n section 260,- (1) in sub-secrion (l), for clauses (a), (b) and (c), he following clauses shall be substituted, namely:- "(a) the Sub-divisional Judicial Magistrate, (b) my Judicial Magisrare of the First class specially empowered in this behalr by the State Government in consultation with he High Court, and (c) any Bench of Judicial Magistrares vested wirh the powers of n Judicial Magistrare OF the Erst class and specially empowered in this bchalf by the Stalc Governmeni in consultation wirh rhe High Court": The Wesr Berrgai Separarion of Judicial and Execrrrive Ftot c~ions Acr, 1970. I [West Ben. Act (Schedule.) , . . .. ,- - . . (2) in the proviso to sub-seclion (I), For the word "Magislrale", . . the words "Judicial Magisiralc" shall be subsliluled; and (3) in sub-seclion (2),- (a) for [he word "Magismrd"' wherever it occurs, he words "Judicial Magiskate" shall be substituted, and (b) for the words "Bench", wherever ic accurs, the words "Bench of Judicial Magistrates" shall be substituted. 75. In sccdon 26 1, for lhc words "State Government may confer on any Bend1 oEMagishtes invested with the powers of zl Magisrra~e of rhe second or third class", he words "SlaleGovernment, in consultation wilh the High Courl, may confer on any Bench of Judicial Magismres invested with the powers of a Judicial Magistrate of he sccond or third class" shall be substitured. 76. In seclion 263,- (1) for the words "Magiskate or Bench of', [he words "Judicial Magistrate or Bench of Judicial" shall be substituted; and (2) d~er the words "Stale Governmenl may", the words ", in consulta~ion with [he High Court," shall bc inserted. 77. In sub-section (2) of seclion 265, for the words "authorize any Bench of '. the words "in consultadon with he High Coun, aurhorize any Bcnch of Judicial" shall be subslitulcd. 78. In section 269. after the words "Slate Government",
Excerpt shown. Open the full act in Lexace.