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, hereinafter 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, including 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 executIve 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 consultation 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 substituted;
(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, subsection (6C), 124, 125," shall be inserted.