"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 notwithstanding 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shall be substituted, namely :— "(2) Any power conferred by the Sessions Judge or the District Magistrate may be withdrawn by the Sessions Judge or the District Magistrate, as the case may be.", Controi of the investing powers of the Sessions Judge and the District Magistrate.
e Powers of Sessions Judge, etc., to be conferred in consultation 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 Judicial 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 Magistrate 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 Judicial 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 Government, 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 M agistrate" shall be substituted.
36. In section 190,—
(1) in sub-section (1), for the words "District Magistrate 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 Government 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 committed.";
(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 Government, 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 Executive Magistrate within the district who is competent 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 Government", the words ", in consultation with the High Court," shall be inserted.