''passed by a Judicial Magismte olher rhan [he Sub-divisional Judicial Magjswte, the certificate shall be sen1 ~hrough the Subdivisional Judicial Magistrate, and if the finding, sentence or order was recorded or passed by an Executive h;Ingistrate".
The Wesr Bcngal Separa~ioti of J~rdicial and Erecrrtive Funcrions Act, 1970.
97. 1n seclion 428, for rhe word "Magistrale", wherever it occurs, lhe * words "Judicial Magisrrate" shall bc subslimled.
98. In section 435,-
(1) in sub-section ( I ) , for the words "Dislrjct Magistrate, or any Sub-divisional Magistrate empowcrcd by [he Srate Government", the words "any Sub-divisional Judicial Mngis~rate empowered by the State Government i n consultation wilh Lhe High Courl" shall be substituted;
(2) in sub-section (2),-
(a) for the words "Sub-divisional Magismte", [he words "Sub-divisional Judicial Magistnte"shal1 besubsli~uted;
and
(b) for the wordsUDislrict Magismte", the words "Sessions Judgc" shall be substituted;
(3) in sub-secdon (4), for the words "Disuici Magisrnte", h e words "Sub-divisional Judicial Magistrate" shall be substiruled; and
(4) after sub-section (4), the foilowing sub-secdons shall be insened, namely:- "(5) Any Djslrict Magistrate or any Sub-divisional E~ecutivc Magistrate empowered by the Sute Government in this behaif, may call for and examine the record of any proceeding be€ore any subordinate Exccuiivc Magistrate for the purposeofsatisfying himselFas to rhecorrectness, legalicy or propriety of my order recorded or passed and as lo the regularity of any proceeding before such subordinate Magiskale and may, when calling for such record, direct that he execurion of any order be suspended and if h e person is in confinement, h a t he be released on bail or on his own bond pending h e examination of rhe record.
(6) If any Sub-divisional Executive Magis~nte, acting under sub-section ( S ) , considers h a t any such proceeding or order is illegal or improper, he shall forward the record wjrh such remarks thereon as he thinks fit , to the Dis~rict Magb~ratc.".
(1) for h e words "direct the Distric~ Magistrate", the words "direct he Sub-divisional Judicial Magistrale" shall be subslimted;
nre West Ber~gal Separation ofJudicial and fiecririvc fimcrions Act, 1970, [West Ben. Act
(2) the words "and rhe Dislricr Magistrate may himself make, or \ I direct any subordinate Magiskate to make" shall be ornilred.
100. In section 437, for the words "Dislric[ Magistrate", wherever [hey occur, h e words "Sub-divisional Judicial Magistrate" shal l besu bsd tuled.
101. In suh-seclion ( 1 ) ofsec1ion438, the rvords"or Disuic~Magisrra~e" shall be omitted.