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Section 9: Artcrseclion 13, the following secrion shdI beinserted, namely

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

"Appoint- 13A. ( I ) TlteHighCourt may placeanyJudicia1 mcnt of Subdivisional Magistntc of the first or second class in charge of a Judicial sub-division, and may relieve him o f the charge as Magismtcs. occasion requires.

(2) Such Judicial Magistrales shall be caIled Sub-divisionaI Judicial Magistr~tes.

(3) The High Courl may delegale its powers under h i s section to h e Sessions Judge of the disuict, subject to such conditions, if any. as it chinks fil.".

"SpcciaI 14, ( I ) Thestme Governrncntrnay conrerupn Execurivc rind JudiciJt any person who possesses such qua1ifications as hlngislrdtes. may be specitied in [his behalf by lhe Slate Government, by no~ificauon in the OBciol Gazerrr. all or any of he powers conferred or conferrable by or under h i s Code, on an The West Bengal Seporn~ion of Jzrdicinl and &ecvtive Frwc~ions Act. 1970.

VIII of 1970.1 Executive Magistrate of the first, second or third class for a particular purpose or particular purposes, in any local area.

oursidc thc prcsidency-[own.

(2) Such Magistrates shall be called Special Executive Magis~ra[cs and shall be appointed for such term as thc Stalc Governmen1 may, by general or special order. direcl.

(3) TheStatc Govcrnmcnt may delegate, w i h such limitation 3s it thinks fit, to any officer under its control thepowersconfcrrcd by sub-secrion (1).

(4) The Starc Government may, in consultation with the High Coun, confer upon any person who holds or has hcld any judicial post under the Union or a Slate, or possesses such other qualifications, as may, in consullauon with the High Coun, be specified in this behalf by the State Government by notification in h e OficiolGazette, allorany of thepowersconfedorconfer~ble by or under his Code, on a Judicial Magistrate or thc first, sccond or [h id class in regard to particular cases or lo a parlicular class or particularclasses ofcases, or in regard to cases generally, in any local area outsidc thc presidency-town.

(5) Such Magistrates shall be called Special Judicial Magis[n[es and shall be appointed for such term as the State Government may, in consuItation with the High Coun, by general or special order, direct.

(6) No powers shall be conlerred upon this scction on any police-oficer below [he gmdeof Assistan1 Disuic~Superintendent, and no powers shall be conferred on a police-officer except so far as may be necessary for preserving [he peace, preventing crime and detccring, npprchcnding, and detaining offenders in order to heir being brought Wore rhc appropriate Magistmtc and (or the performance by [he officer of any olher dutics irnposcd upon him by any law for the rime being in force.".

1 1. In section 15,-

(a) in [hc muginal note, for the words "Benches of Magistrates", the words "Benches o r Judicial Magisrrates" shall be substituted;

(b) in sub-seclion (1)-

(i) after the words "Srate Govemmeni" in h e cwo places where they occur, the words "in consultarion with h e High Couri" shall be substituted,

(ii) for h e words "or more Magishates", the words "or more Judicial Magistrales" shall be subsritutcd, The West Bctrgul Separarion of J~rdicial and Execrrtive Fturcfiorrs Acr, 1970.

[West Ben. Aci

(iii) for the words "a Magisbale", h e words "a Judicid Magistrate" shalI be substituled;

(c) for the words "a MngisWate" in the rwo places where they occur, Ihc words "a Judicial Magistrate" shall be subsdluted.

12. In section 16,- ( 1 ) for the words "State Governmen1 may, or, subject lo the conrrol ofrheslale Government, Ihe Dislrict Magistrate", Ihe words "High Court with the previous approval of the State Government' shall be subsliluled;

(2) for the words "Magislrata' Benches" hc words "Benches of Judicial Magis~ates" shall be substituted;

(3) Tor ihe words "Magistrates in Session", the words "Judicial Magistrates in Session" shall be substituted.

Where this provision sits

ActThe West Bengal Separation Of Judicial And Executive Functions Act, 1970
Section9
Marginal noteArtcrseclion 13, the following secrion shdI beinserted, namely
JurisdictionState of West Bengal
StatusIn force as published by the source

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