‘,12. (1) The State Government may appoint as many Appointpersons 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 consultation 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 substituted ;
(2) for sub-section (2), the following sub-section shall be substituted, namely •— "(2) Such Executive Magistrates shall be called Subdivisional Executive Magistrates." ; and
(3) in the marginal note, for the word "Magistrate", the words "Executive Magistrate" shall be substituted.
Appointment of Subdivisional Judicial Magistrates.
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 Subdivisional 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 substituted, 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 detaining 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 Magistrates.
8 The West Bengal Separation of Judicial and Executive Kunotions Act, 1968.
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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 substiuted.
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 Government" 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.
Subordination of Executive Magistrates.
Subordination of Judicial Magistrates 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 he 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 Magistrates 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 Subdivisional Judicial Magistrate and the Sub-divisi 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 jtolidtgee 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 application 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 Magistrates 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 Government", the words ", in consultation with the High Court," shall be inserted;
in sub-section (3), after the words "State Government", 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.
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(4) in sub-section (4), after the words "State Government 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 functions of a Presidency Magistrate except those relating. to inquiry into, or cognizance, investigation 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.