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Section 72: In section 206, for sub-section (I), the Following sub-secrion shall be substituled, namely

The West Bengal Separation Of Judicial And Executive Functions Act, 1970State Act of West Bengal · Act 8 of 1970

" ( 1 ) Any Presidency Magistrate, Sub-divisional Judicial Magistrate or Judicial Magistrate of the first class or any Judicial Magiswate not being a Judicial Magistrate of the third class, empowered in fiis behalf by the State Government, in consullation with the High Court, may commit any person far trial lo [he Coun of Scssion or High Court for any offcnce rriable by such Coun.".

73. In section 249, for the words "a Magistrate of h e firs1 class, or with the previous sanction of the DistriclMagisuate, any otherMagislratel', the words "a Judiciill Mugistrare of the first class, or with the previous sanclion of the Sessions Judge, any orher Judicial Magis~rale" shall be subslitu red.

74. [n section 260,-

(1) in sub-secrion ( l ) , for clauses (a), (b) and (c), h e following clauses shall be substituted, namely:- "(a) the Sub-divisional Judicial Magistrate,

(b) m y Judicial Magisrare of the First class specially empowered in this behalr by the State Government in consultation with he High Court, and

(c) any Bench of Judicial Magistrares vested wirh the powers of n Judicial Magistrare OF the Erst class and specially empowered in this bchalf by the Stalc Governmeni in consultation wirh rhe High Court":

The Wesr Berrgai Separarion of Judicial and Execrrrive Ftot c~ions Acr, 1970. I [West Ben. Act (Schedule.)

, . . ..

,- - . .

(2) in the proviso to sub-seclion ( I ) , For the word "Magislrale", . .

the words "Judicial Magisiralc" shall be subsliluled; and

(3) in sub-seclion (2),-

(a) for [he word "Magismrd"' wherever it occurs, h e words "Judicial Magiskate" shall be substituted, and

(b) for the words "Bench", wherever ic accurs, the words "Bench of Judicial Magistrates" shall be substituted.

75. In sccdon 26 1, for lhc words "State Government may confer on any Bend1 oEMagishtes invested with the powers of zl Magisrra~e of rhe second or third class", he words "SlaleGovernment, in consultation wilh the High Courl, may confer on any Bench of Judicial Magismres invested with the powers of a Judicial Magistrate of h e sccond or third class" shall be substitured.

76. In seclion 263,- ( 1 ) for the words "Magiskate or Bench of', [he words "Judicial Magistrate or Bench of Judicial" shall be substituted; and

(2) d ~ e r the words "Stale Governmenl may", the words ", in consulta~ion with [he High Court," shall bc inserted.

77. In sub-section (2) of seclion 265, for the words "authorize any Bench of '. the words "in consultadon with h e High Coun, aurhorize any Bcnch of Judicial" shall be subslitulcd.

78. In section 269. after the words "Slate Government", wherever they occur, he words "in consultation wih he High Coun" shall be inserted.

79. In section 337, in sub-section (11,-

(a) for the words "District Magiskale, a Presidency Magistrate, aSub-divisionalMagistrate~r any", Ihe wordsUSub-divisional Judicial Magistrate, a Presidency Magislra~e or any Judicial" shall be substiluted;

(b) in the proviso,- ( i ) for h e words "no Magistrate of rhe fmslclass other than iheDisuiclMagistrate", the words "no JudicidMagistrale of the firs1 class olher Lhan [he Sub-divisional Judicial Magiskale" shall be substituted; and

(ii) for h e words "of h e Dislrict Magistrate", the words "of the Sub-divisional Judicial Magistrate" shall be substiluled.

77re West Bengal Separariorl of Jrrdcial atid hecrrrive F~rr~clions Act, 1970.

80. In section 338, for [he words "the District Magismte", h e words $= "he Sub-divisional Judicial Magistrale" shall be substituted.

81. In seclion 346,-

(1) in sub-section (I), rorrhe words "the Disrrict Magistrate", [he words " h e Sub-divisional Judicial Magisrrale" shal1 be subslinrted;

(2) in sub-sections ( I ) and (2), for the word "Magislrale".

wherever i t occurs, the words "Judicial Magisuale" shall be subslituted.

Where this provision sits

ActThe West Bengal Separation Of Judicial And Executive Functions Act, 1970
Section72
Marginal noteIn section 206, for sub-section (I), the Following sub-secrion shall be substituled, namely
JurisdictionState of West Bengal
StatusIn force as published by the source

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