"(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 consultation 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 substituted, and z.
(ii) for the word "Bench", wherever it ags", thewords "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 thepowers of a Magistrate of the second or third class", thewords "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 beinserted.
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 remaining 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 Subdivisional 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 Magistrate", the words "Sub-divisional Judicial Magistrate" 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 Magistrate", 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 "Magistrate", 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.