"passed by a Judicial Magistrate other than the Subdivisional Judicial Magistrate, the certificate shall be sent through the Sub-divisional Judicial Magistrate and if the finding, sentence or order was recorded or passed by an Executive".
1 59. In section 435,— (I) in sub-section (1),— for the words "District Magistrate, or any Subdivisional Magistrate empowered by the State Government", the words "any Sub-divisional Judicial Magistrate empowered by the State Government in consultation with the High Court" shall be substituted; and
(ii) in the Explanation, for the words "Magistrates, whether exercising original or appellate jurisdiction,", the words "Judicial Magistrates" shall be substituted;
(2) in sub-section (2),— (0 for the words "Sub-divisional Magistrate", the ' words "Sub-divisional Judicial Magistrate" shall be substituted; and
(ii) for the words "District Magistrate", the words "Sessions Judge" Shall be substituted;
t1) _(i) 0 The West Een-oal Sepairation of inclicid and, Executive Functions Act, 1968t , 8 of 1968.]
(3) in sub-section (4), for the .words "District Magistrate", the words "Sub-divisional Judicial Magistrate" shall be substituted; and,
(1) after sub-section (4), the following sub-sections shall be inserted, namely :— "(5) The High Court or the Court of Session or any District Magistrate or, any Sub-divisional Executive Magistrate empowered by the State Government in this behalf, may calf for and examine the record of any proceeding before any subordinate Executive Magistrate for the purpose of satisfying itself or himself, as the case may be , as to the correctness, legality or propriety of any order recorded or passed and as to the regularity of any proceeding before such subordinate Magistrate and may., when calling for such record, direct that the execution of any order be suspended and if the person is in confinement, that he be released on, bail or on his own bond pending the examination of the record.
ifi) If any Sub-divisional Executive Magistrate, acting under sub-section (5), considers that any such.^ proceeding or order is illegal or improper, he shall forward the record with such remarks thereon as he thinks fit, to the. District- Magistrate.".
60. In section 436,—
(1) for the words "District Magistrate", whercver they occur, the words "Sub-divisional Judicial Magistrate" shall be substituted;
(2) for the word "Magistrates", the words "Judicial Magistrates" shall be substituted; and
(3) for the word "Magistrate", the words "judicial Magistrate" shall be substituted.
61. In section 437,—
(1) for the words "District Magistrate" wherever they occur, 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.
62. In sub-section (1) of section 438, for the words "or District Magistrate", the words ", District Magistrate or Sub-divisional Judicial Magistrate" shall be substituted.
ef tft ---nr."--1,77-7-7.111111.111MOMW 22 The West Bengal Separation of Judicial and Executive Functions Act, 1988.
[President's Act
63. In section 479,—
(1) for the words "District Magistrate", the words "Sub-divisional Judicial Magistrat" shall be substituted; and
(2) for the word "Magistrate", wherever it occurs, the words "Judicial Magistrate" shall be substituted.
64. In section 488,—
(1) in sub-section (1), for the words "District Magistrate, a Presidency Magistrate, a Sub-divisional Magistrate", the words "Sub-divisional Judicial Magistrate, a Presidency Magistrate" shall be substituted; and
(2) for the word "Magistrate", wherever it occurs, the words "Judicial Magistrate" shall be substituted.
65. In sub-section (1) of section 504, for the words "to the District Magistrate", the words and Agures ", if the purpose ref erred to in section 503 relates to functions exercisable by Executive Magistrates, to the District Magistrate within the local limits of whose jurisdiction the witness is to be found and in other cases to the Sub-divisional Judicial Magistrate" shall be substituted.