REGISTERED No. D 221
The Gazette of India
EXTRAORDINARY
PART II—Section 1
PUBLISHED BY AUTHORITY
No. 11] MEW DELHI, TUESDAY, MARCH 26, 1968/CHIATRA 6, 1890
Separate paging is given to this Part in order that it may be filed
as a separate compilation
MINISTRY OF LAW (Legislative Department) New Delhi, the 26th March, 1968/Chaitra 6, 1890 (Saka)
The following President's Acts are published for general informa- tion:—
THE COURT-FEES (WEST BENGAL AMENDMENT) ACT, 1968 No. 7 OF 1968 Enacted by the President in the Nineteenth Year of the Republic of India. An Act further to amend the Court-fees Act, 1870 in its appli- cation to the State of West Bengal.
6 of 1968.
In exercise of the powers conferred by section 3 of the West Bengal State Legislature (Delegation of Powers) Act, 1968, the Pre- sident is pleased to enact as follows:—
1 . (0 This Act may be called the Court-fees (West Bengal Short title and extent.
Amendment) Act, 1968.
(2) It extends to the whole of the State of West Bengal,
69
7° THE GAZETTE OF INDIA EXTRAORDINARY [PAHT II7 of 1870.
2. In the Court-fees Act, 1870, in its application to the State of 7 Amendment of Schedule I.
West Bengal (hereinafter referred to as the principal Act),—
(1) in Schedule I,—
(a) in the second column, in article 8, for the words "Eight annas", the words "Fifty paise" shall be substituted;
(b) in the third column,—
(i) in article 1, for the words "Six annas", "Eight annas", "One rupee ten annas", "One rupee two annas", "Seven rupees eight annas", "Twenty-two rupees eight annas" and "Thirty-seven rupees eight annas", the words "Forty paise", "Fifty paise", "One rupee and sixty-five paise", "One rupee and fifteen paise", "Seven rupees and fifty paise", "Twenty-two rupees and fifty paise'' and "Thirty-seven rupees and fifty paise" respectively, shall be substituted;
(ii) in article 6, for the words "Six annas", "Twelve annas" and "One rupee eight annas", the words "Forty paise", "Seventy-five paise" and "One rupee and fifty paise" respectively, shall be substituted;
(iii) in articles 7, 8 and 9, for '.he words "Eight annas", wherever they occur, the words "Fifty paise" shall be substituted;
(c) for the Table of rates of ad valorem fees leviable on the institution of suits, the following shall be substituted, namely:—
"TABLE OF RATES OF ad valorem FEES LEVIABLE ON THE INSTITUTION OF SUITS
When the amount or value
But does not
exceed
Proper Fee
of the subject-mntter exceeds
Rs. p.
Rs.
rRs.
0-40
—
5
0-75
5
10 • \
10
1-15
15
20
1-50
15
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 71Proper Fee
But does not exceed
When the amount or value of the subject-matter exceeds
Rs. p.
Rs.
Ra.
1-90
20
25
30
2-25
25
2 65
35
3°
3-00
40
35
45
3-4°
4°
50
3 75
45
50 . . . ..
55
4 15
60
4-50
55
4-90
65
60 . . . ..
70
65 . . . ..
5'25
5-65
70
75
80
6-15
75
80
6-65
85
90
85 . . .. *
7-15
90 . . . . •
95
7*65
1 00
8-15
Q5
no
TOO . ..
.
9 "75
1 20
110 . . . , .
11'40
13-00
1 30
120 • • • • •
140
130
14'65
150
16-25
140
160
18-00
iS°
t6o
19-15
.170
180
20-25
170
180
190
21-40
2 00
190
22-50
200 2 10 23-65 210 2 20 24-75 220 2 30
25-90
72 THE GAZETTE OF INDIA EXTRAORDINARY [PART ItWhen the amount or value
But does not
Proper Fee
of the subject-matter
exceed
exceeds
Rs.
Rs. p.
Rs.
2 30
2 40
27-00
2 50
2 40 . . ..
18-15
2 50 . . .. 2 60 29-25 2 60 . . .. 2 70 30-40 2 70 . . .. 2 80 3i 5° 2 80 . . .. 2 90 32 '65 2 90 . . .. 3 00 33 75 3 00 . . .. 3 10 34'90
• • 320
3 io 36 "oo 3 20 . . .. 330 37-15 3 30 . . .. 340 38-25 34° 35° 39*4°
360
4°; S°
350 • • . • 3 60 . . .. 3 70 41; 65 3 70 . . .. 3 80 42'75 3 80 . . .. 3 90 43;?o 39° 4 00 45-00 4 00 . . .. 4S15 4 . 10 . . , . 4 20 47--25 4 20 . . .. 4 30 48-40
, 440
4 30 . . .. 49 5° 4 40 . . .. 450 50-65 4 50 . . .. 4 60 51-75 4 60 . . .. 4 70 53'90 4 70 . . ..
. 480
54-00
4 R0 . . ..
. 49°
55 15
4 90 . . .. 5 00 56-25 5 00 . . .. ,510 57 '4° 5 10 . . .. 5 20 58-50SEC. 1J THE GAZETTE OF INDIA 7XTRA0RDINARY 73
Proper Fee
But does not exceed
When the amount or value of the subject-matter exceeds
R H.
Rg. p.
Rs.
520
530
59'65
6075
54°
530
61-90
55°
540
560
63-00
550
5 60 .
64 15
570
580
65 -25
57°
66-40
590
580 . . . .
600
67-50
590
610
6 00 . . . .
68-65
6 20
6 10 .
69-75
6 20 .
6 30
70-90
640
72-00 630
650
640 .
73-15
660
650 , • .
74-25
6 70
660
7540
6 80
6 70 ,
76-50
6 90
6 80 . ..
77 65
78-75
7 00
6 90 . ..
7 00 .
79-90
710
81-00
720
7 10 . ..
82-15
7 2° . ..
73°
7 30 . ..
740
83-25
7 40 . ..
84-40
7 50
. 1 760
750 85'5O 7 60 77° 86-65 7 70 . .. 7 80 87-75 7 80 . .. 79° 88-90 7 90 . .. 800 90-00 8 00 . .. 8 10 91-1574 THE GAZETTE OF INDIA EXTRAORDINARY [PART Lt
When the amount or value But does not Proper Fee
of the subject-matter exceed
exceeds
Rs. Rs. Rs. p.
810 8 20 92-25
820 830 93'4°
830 840 94 5°
840 850 95<55
850 8 60 96-75
860 8 70 97-90
870 880 99-00
880 8 90 100-15
890 900 101-25
9 00 . . . .. 9 10 102-40
9 10 9 20 103-50
9 20 . . . .. 93° 104-65
930 94° 105-75
94° 95° 106-90
95° 960 iog-oo
960 970 109-15
97° 980 110-25
9 80 990 I W 40
9 90 . .. 1,000 112-50
1,000 1,100 120-oo
1,100 [1,200 127-50
1,200 1,300 135-00
1,300 1,400 142-50
1,400 1,500 150-00
1,5°° 1,600 157-50
1,600 1,700 165•00
1,700 1,800 172-50
1,800 i.9°o 180•00
1.900 2,000 187-50
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 75
When the amount or value But docs not Proper Fee
of ihe subject-matter exceed
exceeds
Rs. R:,. Rs. p.
ft
2 , 0 00 . . .. 2,100 195-00
2 , 1 00 . . .. 2,200 202-50
2 , 2 00 . . .. 2,300 21000
2 , 3 00 | . . .. 2,400 217-50
2 , 4 OO . . .. 2,500 225•00
2 , 5 00 . . .. 2,600 232-50
2 , 6 00 . . .. 2,700 240-00
2 , 7 00 2,800 247-50
2 , 8 00 2,900 255'00
2 , 9 00 . . .. 3.0OO 262-50
3 , 0 00 . . .. 3,100 270•00
3 . 1 00 . . .. 3,200 277-50
3 , 2 °° . . .. 3.300 285 00
3 = 3 00 . . .. 3,400 292-50
3 , 4 00 . 3,500 300-00
3 = 5 O0 . . .. 3J6OO 307.50
3 , 6 00 . . .. 3,7°o 315-00
3 , 7 00 . . .. 3,"oo 322-50
3 , 8 00 . . .. 3J9°O 330-00
3 ; 9 0O . . .. 4,000 337-5°
4 , 0 00 . . .. 4,100 345-00
4 , 1 00 . . .. 4,200 352-50
4 , 2 00 . . .. 4,300 360-00
4 , 3 00 . . .. 4,400 367'5°
4 , 4 00 . . .. 4'5oo 375-00
4 , 5 00 . . .. 4,600 382-50
4 , 6 00 . . .. 4,700 390-00
4 , 7 00 . . .. 4,800 397-5°
4 , 8 00 . . .. 4,900 405-00
76 THE GAZETTE OF INDIA EXTRAORDINARY [PART II
When the amount or value But does not Proper Fee
of the subject-matter exceed
exceeds
R>. Rs. p.
4 , 9 00 . . .. 5,000 412-50
5 , 0 00 . . .. 5,100 420-00
5 , 1 00 . . .. 5,200 427-50
5 , 2 00 . . .. 5,300 435-00
5 , 3 0° . . .. 5,400 442-50
5 > 4 °° . . .. 5>5oo 450-00
5 , 5 °o . . .. 5,600 457-50
5 , 6 00 . . .. 5,700 465-00
5 , 7 00 . . .. 5,800 472-50
5 , 8 00 . . .. 5>9°o 480-00
5 , 9 00 . . .. 6,000 487'50
6 , 0 00 . . .. 6,100 495-00
6 , 1 00 . . .. 6,200 502-50
6 , 2 OO . . .. 6,300 510-00
6 , 3 00 . . .. 6,400 517-50
6 , 4 00 . . .. 6,500 525-00
6 , 5 00 . . .. 6,600 532-5O
6 , 6 00 . . .. 6,700 540-00
6 , 7 00 . . .. 6,800 547-50
6 , 8 00 . . .. 6,900 555-00
6 , 9 00 . . .. 7,000 562'50
7 , 0 00 . . .. 7,T00 570•00
7 , 1 00 . . .. 7,200 577-50
7 , 2 00 . . .. 7,300 585-00
7 , 3 00 . . .. 7,400 592-50
7 , 4 00 . . .. 7,500 600-00
7 , 5 00 . . .. 7,750 615-00
7 , 7 5° . . .. 8,000 630-00
8 , 0 00 . . .. 8,250 645•00
SEC 1J THE GAZETTE OF INDIA EXTRAORDINARY 77
PropcL- Fee When the amount or value of the subjecl-
But does not
exceed
tnafter exceeds
Rs. P.
Rs.
660-00
8,500
8,25°
675-00
8,500
8,750
690-00
9,000
8=75°
705-00
9 , 0 00 . . . . ..
9,250
720-00
9 , 2 50
9,500
9 . 5 00
735-00
9,75O
750-00
10,000
9 ^ 7 50 . . . . ..
772-50
10,000
10,500
1 0 , 5 00 . . . . ..
795-00
11,000
1 1 , 0 00
817-50
11,500
1 1 , 5 00 . . . . ..
12,000
840-00
1 2 , 0 00 . . . . ..
12,500
861-50
885-00
12,500
13,000
13,000
13,500
907-50
14,000
930-00
i3>5°°
1 4 , 0 00 . . . . ..
952-50
14,500
15.000
975-00
14,50°
1 5 , 0 00
15.500
997-50
16,000
1 5 . 5 00
1,020-00
i f i j O oo
16,500
1,042-50
1 6 , 5 00
17,000
1,065-00
1 7 , 0 00
r 17,500
1,087-50
18,000
1 7 , 5 00
I,IIO-OO
T R , 5 00
1 8 , 0 00 . . . . ..
1,132-50
1 8 , 5 00
19,000
1,155-00
1 9 , 0 00 . . . . ..
19,500
1,177-50
20,000
1 9 , 5 00 . . . . ..
i,20o-oo
2 0 , 0 00 . . . . ..
21,000
1,230-00
3 1 , 0 00
22,0O0
1,260-00
23,000
2 2 , 0 00 . . . . ..
I,2i}0-00
7t THS OAZKTTE OF INDIA EXTRAORDINARY [PAH* IIBut does not
Proper I'ec
When the amount or ralue of the subject-matter exceeds
exceed
Rs.
Rs.
Rs. P.
23,000
24,000
r,3jo-od
24,000 .
25.00O
i,35O'0O
35.000
26,000
1,380-00
Jfi.ooo
27,000
ii4io-oo
2 7 , 0 00 .
28,000
1,440-00
38,O0o . . . ..
29,000
1,470-00
3 9 , 0 00
30,000
1,500'00
3 0 , 0 00
31,000
1,530-00
3 1 , 0 00 .
32,000
1,560-00
31,000 .
33,000
1,590-00
33,000 .
34,000
1,620-oo
34,ooo
35,000
1,650-00
35,°OO
36,000
r,68o-oo
36,000
37,000
i,7i0'00
37,000 .
38,000
1,740'00
38,000 .
39,000
1,770'00
39"ooo
40,000
1,80000
40,000
41,000
1,830-00
41,000
42,000
I,860'Oo
4"*""
43,000
1,890-00
4 3 , 0 00 . . ..
44,ooo
1,930-00
44,"" •
45"ooo
1,950-00
4S,ooo
46,000
i,98o • 00
4 t f , o oo . . ..
47,000
2,010- OO
4 7 , o oo
48,000
2,040-00
48,000 .
2,070-00
'49,000
49,ooo
50,000
2,I00'00
50,000 .
55,ooo
1,137-50
55,ooo
60,000
2,17500
60,000 .
65,000
2,212-50
SEC. lj Ttil GAZElTE OF I^DIA EXTRAORDlNAJlV 7$)But does not
Proper Fee
When the amount or value of the subject-matter exceeds
exceed
RE.
Rs.
RB. P.
65,000
70,000
z.asooo
75.00O
70,000
1,287-50
75,000
80,000
3,3>5-oo
2,362-50
80,000
, 85,000
2,400'00
90,000
85,00°
9 0 . 0 00 . . ..
95.ooo
2,437'5O
95.ooo
2,475-00
1,00,00c
3,512-50
1,00,000
1,05,000
2,55000
1,03,000
1,10,000
1,10,000
1,15,000
2,587-5O
1,15,000
1,20,000
2,625-0°
2,662-50
1,20,000
1,25,000
2,700-00
1,25,000
1,30,000
1,35,000
1,30,000
2.737 '50
2,775-00
1,40,000
J,35=""
1,45,000
2,812 50
1,40,000
t, 50,000
2,850-00
I.AS.000
2,887-50
1,50,000
T,-55,000
2,925 00
1 , 5 5 , 0 00 . . . ..
1,60,000
2,942-50
1 , 6 0 , 0 00
1,65,000
1,70,000
1,000'00
1 , 6 5 , 0 00 . . ..
1 , 7 0 , 0 00
1,75,000
3.037 • 50
3,075-00
i, 80,000
1,75.000
3 . 1 " ' 50
1,85,000
1 , 8 0 , 0 00 . . ..
1,90,000
3,150-00
1,85,000
3.187-50
I395)OOO
1,90.000
3,00,000
3."5'oo 1,95,000
2,05,000
3,261-50
3,00,000
80 THE GAZETTJE OJ? ittDlA feXTRAORtHNARY FPAKI Itand the fee increases at the rate of thirty-seven rupees and fifty pai^e for every five thousand rupees, or part thereof, up to a maxi- mum fee of ten thousand rupees, for example—
Rs.
3,00,000
4,00,000
5,00,000
6,00,000
7,00,000 8,00,000 9,00,000 110,00,000 11,00,000 Rs. P. 4,012-50
4:762-50
5.512' 50
6,2fi2'5O
7,012-50 6,762 50 H.512 50 y,2fi2 50 T0,0O0 0 0 ",
(2) in the third column of Schedule II,—
(a) in article 1,—
(i) for the words "Two annas" and "Twelve annas",
wherever they occur, the words "Fifteen paise" and
"Seventy-five paise" respectively, shall be substituted, and '
(ii) for the words "One rupee eight annas", the words
"One rupee and fifty paise" shall be substituted;
(b) in article 1A, for the words "Twelve annas", the words "Seventy-five paise" shall be substituted;
(c) in articles 2, 4, 5, 6 and 7, for the words "Eight annas", wherever they occur, the words "Fifty paise" shall be substi- tuted;
(d) in article 10, for the words "One rupee eight annas", the words "One rupee and fifty paise" shall be substituted; and
(c) in article 11, for the words "Eight annas", the words "Fifty paise" shall be substituted.
Sfic. 1] THE GAZETTE OF INDIA EXTRAORDINARY 8lWest Ben- gal Ord. X of 1967.
3. All stamps in the denominations of rupees and annas or of annas only denoting fees chargeable under the principal Act imme- diately before the commencement of the Court-fees (West Bengal Amendment) Ordinance, 1967 shall, for a period of six months after the commencement of this Act, also continue to be valid for all the purposes of the principal Act as if this Act had not been passed.
4, (1) The Court-fees (West Bengal Amendment) Second Ordi-
Stamps In denomina- tions of rupees and annas to continue in use for six months. Repeal anc savings.
West Ben- gal Ord. IV of 1968. nance, 1968, is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken or deemed to have been done or taken under the principal Act as amended by the said Ordinance shall continue to be in force and shall be deemed to have been validly done or taken, as the case may be, under the principal Act as amended by this Act as if this Act were in force on the day on which such thing was done or such action was taken.
ZAKIR HUSAIN,
President.
V. N. BHATIA,
Secy, to the Govt. of India.
Reasons for the enactment
The system of decimal coinage was introduced in the country
on 1st April, 1957. But the rates of Court-fees leviable in the State of West Bengal still remained in anna denomination. Anna coins having gone out ot circulation, Court-fee stamps are being sold after
82 THE GAZETTE OF INDIA EXTRAORDINARY [PART Itconverting the values of the stamps into decimal coinage, Some- times controversies and disputes arise regarding the rates of auch conversion. Besides, it is desirable from the legal point of view that Court-fees should be charged in accordance with the coinage system the country has adopted. Accordingly on 30th September, 1967 the Governor of West Bengal promulgated the Court-fees (West Bengal Amendment) Ordinance, 1967 (West Bengal Ordinance X of 1967) providing for the conversion of the Court-fees in decimal coinage. The stamps of the denominations of annas -|4|-t -|8|- and - 121 - were converted into decimal coinage according to the preva- lent conversion rates and the stamps of the denominations of annas -|2|-, -|6]-, —{10[ — and -|H|- were converted into decimal coinage after rounding off their prevalent conversion rates to the next higher multiple of five paise. The slight increase raised the revenue of the State to some extent.
2. The Legislature of West Bengal having had a session on the 29th November, 1967, the Ordinance was due to expire on the 9th January, 1968. In order to continue the provisions of the Ordinance, the Governor of West Bengal promulgated the Court-fees (We3t Bengal Amendment) Second Ordinance, 1968 (West Bengal Ordi- nance No. IV oi 1968) on the Sth January, 1968.
3. The proposed measure seeks to replace the Court-fees (West Bengal Amendment) Second Ordinance, 1968 (West Bengal Ordi- nance No. IV of 1968).
4. As it is not practicable to refer the present legislation to the Consultative Committee of Parliament on West Bengal legislation, it has been decided, in view of the urgency of the matter, to enact the present legislation without such reference.
L. P. SINGH,
Seey. to the Govt. of India,
Ministry of Home Affairs.
SEC 1] THE GAZETTE OF INDIA EXTRAORDINARY 83THE WEST BENGAL SEPARATION OF JUDICIAL AND EXECUTIVE FUNCTIONS ACT, i968
No. 8 of 1968
Enacted by the President in the Nineteenth Year of the Republic of India.
An Act to provide for the separation of the Judiciary from the Executive in the public services in the State of West Bengal.
6 of 1968.
In exercise of the powers conferred by section 3 of the West Bengal State Legislature (Delegation of Powers) Act, 1968, the Presi- dent is pleased to enact as follows :—
1. (1) This Act may be called the West Bengal Separation of Judi- cial and Executive Functions Act, 1968
Short title, extent and commence- ment.
(2) It extends to the whole of the State of West Bengal.
(3) This section and section 8 shall come into force at once; and the remaining provisions of this Act shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different districts and any reference in this Act to its commencement shall, in relation to a district, be construed as a reference to the coming into force of those provisions therein.
Definition.
2. In this Act, "Code of Criminal Procedure'' means the Code of Criminal Procedure, 1898.
5 of 1898.
Amendments in the Code of Criminal Procedure.
3. The Code of Criminal Procedure shall, in its application to the State of West Bengal, be amended in the manner and to the extent specified in the Schedule.
Clauses of Magistrates.
4. Notwithstanding anything to the contrary contained in any other law for the time being in force, the word "Magistrate" shall include the following two classes of Magistrates, namely: —
(1) Magistrates appointed by the State Government in con- sultation with the High Court under any of the provisions of the Code of Criminal Procedure as amended by this Act, to be referred to as Judicial Magistrates; and
(2) Magistrates appointed by the State Governmeni with- out such consultation under any of the provisions of the Code of Criminal Procedure as amended by this Aci, to be referred to us Executive Magistrates,
84 THE GAZETTE OF INDIA EXTRAORDINARY [PART IIFunctions exercisabk by Judicial and Exe- cutive Magistrates,.
5. Notwithstanding anything to thuj contrary contained in any other law for the time being in forco but subject to the other provi- sions of this Act and the Code of Criminal Procedure, including Schedules I to IV lo the said Code, as amended by this Act, where under anv law thp functions exercisable by a Magistrate relate to inquiry into, or cognizance, investigation or trial of, an offence, such functions shall be exerclsable by a Judicial Magistrate, and where such functions relate to matters which are administrative or execu- tive in nature, or relate to prevention of an offence, they shall be exercisable by an Executive Magistrate:
Provided that any reference to a Magistrate in the Code of Crimi- nal Procedure, as amended by this Act, which by express provision or necessary implication does not refer to a Judicial Magistrate or an Executive Magistrate shaJl be construed as a reference to a Magistrate of either class:
Provided further thai where a doubt arises us to whether a refer- ence to a Magistrate should be construed as a reference to a Judicial Magistrate or an Executive Magistrate, the decision of the Sessions Judge of the district in which such doubt arises shall, subject to any direction given in this behalf by the State Government, in consulta- tion with the High Court, be final.
Srvinga.
6- (7) Save as provided in this section, nothing in this Act shall bo deemed to affect—
(a) the validity, invalidity, effect or consequence of any- thing done or suffered to be done before the commencement of this Act;
(b) any right, privilege, obligation or liability already acquired, accrued or incurred before such commencement;
(c) any penalty, forfeiture or punishment incurred or in- flicted in respect of any act before such commencement;
(d) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, penalty, forfeiture or punishment,
and any such investigation, legal proceeding or remedy may be insti- tuted, continued or enforced and any such penalty, forfeiture or punishment may be imposed in accordance with the provisions of the Code of Criminal Procedure as amended by this Act.
(3) All legal proceedings pending before a Magistrate or a Court at the commencemnt of this Act shall, if such Magistrate or Court ceases to have jurisdiction in respect of such proceedings under the provisions of the Code of Criminal Procedure, as amended by this
Sue. 1] THE GAZETTE OF INDIA EXTRAORDINARY 85Act, stand transferred to the Magistrate or Court having jurisdiction under the provisions of the said Code, as amended by this Act, and shall be heard and disposed of by such Magistrate or Court and such Magistrate or Court shall have all the powers and jurisdiction in respect thereof as if they have been originally instituted before such Magistrate or any such Court, including the power of the succeeding Magistrate under section 350 of the said Code.
(3) The provisions of this Act which amend the Code of Criminal Procedure, so as to alter the manner in which, the authority by which or the law under or in accordance with which any powers are exercis- able shall not render invalid any notification, bye-law, rule, regula- tion, order, commitment or attachment duly made or issued or any- thing duly done before the commencement of this Act and any such notification, bye-law, rulo, regulation, order, commitment or attach- ment or thing may be revoked, varied, rectified or reversed in the like manner, to the like extent and in the like circumstances, as if it had been duly made, issued or done after such commencement by the competent authority and in accordance with the provisions then applicable to such caso.
(4) Where, before the commencement of this Act, any power was exercisable under the Code of Criminal Procedure by any Magistrate to make any alteration in any order made in -\ proceeding thereunder and the jurisdiction in respect of such proceeding comes to be vested, after such commencement, in a Magistrate specified in clause (I) of section 3, such power shall, after such commencement, be exercised by such Magistrate in accordance with the provisions of the Code of Criminal Procedure, as amended by this Act.
Power to remove difficulties.
7. If any difficulty arises in giving effect to any of the provisions of this Act, the State Government may, by order or rule, do any- thing not inconsistent with the provisions of this Act (including the specification of a Magistrate, whether appointed in consultation with the High Court or without such consultation, to be the appropriate- Magistrate having jurisdiction in the matter under the law concern- ed) which appears to it to be necessary or expedient for removing the difficulty.
8. The West Bengal Separation of Judicial and Executive Repeal.
Functions Ordinance, 1968, is heieby repealed.
West Bengal O 86 THE GAZETTE OF INDIA EXTRAORDINARY [PABT II
THE SCHEDULE
(See section 3)
AMENDMENTS IN THE CODE OF CRIMINAL PROCEDURE, 1898
1. After section 6, the following section shall be inserted, namely: —
'6A. (1) The word "Magistrate" shall include two classes of Magistrates, namely: —
Classes of Magistrate! and their functions.
(i) Magistrates appointed in consultation with the High Court, under any of the provisions of this Code, hereinafter referred to as Judicial Magistrates; and
(ii) Magistrates appointed without such consultation, under any of the provisions of this Code, hereinafter referred to as Executive Magistrates.
(2) Notwithstanding anything to the contrary contained in any other law for the time being in force but subject to the other provisions of this Code, including Schedules I to IV to the said Code, where under any law the functions exercisable by a Magis- trate relate to inquiry into, or cognizance, investigation or trial of, an offence, such functions shall be exercisable by a Judicial Magistrate, and where such functions are administrative or execu- tive in nature, or relate to prevention of offences, they shall be exercisable by an Executive Magistrate:
Provided that any reference to a Magistrate in this Code which by express provision or necessary implication does not refer to a Judicial Magistrate or an Executive Magistrate, shall be cons- trued as a reference to a Magistrate of either class:
Provided further that where any doubt arises as to whether any reference to a Magistrate should be construed as a reference to a Judicial Magistrate or an Executive Magistrate, the decision of the Sessions Judge of the district in which such doubt arises shall, subject to any direction given in this behalf by the State Government in consultation with the High Court, be final.
(3) Nothing contained in sub-sections (1) and (2) shall apply to a Presidency Magistrate who shall exercise such functions as are provided elsewhere in this Code or under any other law for the time being in force.'.
2. In sub-section (2) of section 7, for the words "State Govern- ments", the words "State Government, in consultation with the High Court," shall be substituted.
S"c. 1J THE GAZETTE OF INDIA EXTRAORDINARY 873. In section 9, for the words "State Government", wherever they occur, the words "State Government, in consultation with the High Court," shall be substituted.
4. In section 10,—
(1) in sub-section (1), for the words "a Magistrate", the words "an Executive Magistrate" shall be substituted;
(2) in sub-section (2), lor the words "any Magistrate", the words "any Executive Magistrate" shall be substituted; and
(3) in sub-section (3), after the word "sections", the figures, word, brackets and letter "83, sub-section {6C), 124, 125,'' shall be inserted.
5. For section 12, the following section shall be substituted, namely: —
Appointment of subordi- nate Magis- trates — Judicial and Executive.
"12. (1) The State Government may appoint as many persons as it thinks fit besides the District Magistrate, to be Magistrates of the first, second or third class in any district, outside the Presi- dency-town, to be referred to as Executive Magistrates and the State Government or the District Magistrate, subject to the con- trol of the State Government, may, from time to time, define the local areas within which such Executive Magistrates 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 Pre- sidency-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 invest- ed under this Code.
(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 consul- tation with the High Court or the Sessions Judge, subject to the control of the State Government in consultation with the High
88 THE GAZETTE OF INDIA EXTRAORDINARY [I*ART ItCourt, may define the local areas within which such Judicial Magistrates may exercise all or any of the powers with which the> 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 notification under article 237 of the Constitution of India, be in accordance with the terms of the said notification.".
6. In section 13,—
(1) in sub-section (1), for the word "Magistrate", the words "Executive Magistrate'' shall be substituted;
(2) for sub-section (2), the following sub-section shall be substituted, namely: —
"(2) Such Executive Magistrates shall be called Sub- divisional Executive Magistrates."; and
(3) in the marginal note, for the word "Magistrate", the words "Executive Magistrate" shall be substituted.
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.
Appointment of Sub-divi- sional Judi- cial Magis- rates.
(2) Such Judicial Magistrates shall be called Sub-divisional Judicial Magistrates.
(3) The High Court may delegate its powers under this sec- tion to the Sessions Judge of the district where the appointment is to be made, subject to such conditions, if any, as it thinks fit.".
8. For section 14, the following section shall be substituted, namely: —
Special Executive and Judicial Magistrates.
"14. (1) The State Government may confer upon any person who possesses such qualifications as may be specified in this be- half 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.
SEC. 11 THE GAZETTE OF INDIA EXTRAORDINARY 89(2) Such Magistrates shall be called Special Executive Magis- trates and shall be appointed for such term as the State Govern- ment may, by general or special order, direct.
(3) The State Government may delegate, with such limita- tion 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 Couit, 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, al] or any of tV powers conferred or con- ferrable 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, m any local area out- side the Presidency-town,
(5) Such Magistrates shall be called Special Judicial Magis- trates and shall be appointed for such term as the State Govern- ment may, in consultation with the High Court, by general or special order, direct.
(G) No powers shall be conferred under this section on any police-officer below the grade of Assistant District Superiendent, 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.".
9. In section 15,—
(a) for the word "Magistrate", wherever it occurs, the words "Judicial Magistrate" shall be substituted;
(b) 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 substituted.
yo THE GAZETTE OF INDIA EXTRAORDINARY [PART ll10. In section 16,—
(1) 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 Gov- ernment" 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 "Judi- cial Magistrates in Session" shall be substituted.
11. For section 17, the following sections shall be substituted, namely: —
Subordina- tion of Exe- cutive Magistrates.
"17. (1) All Executive Magistrates appointed under sections 12, 13 and 14 shall be subordinate to the District Magistrate, and he may, from time to time, make rules or give special orders con- sistent 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.
Subordina- tion of Judicial Magistrates and Benches.
17A. (1) All Judicial Magistrates appointed under sections 12, 13A and 14 and all Benches constituted under section 15 shall, subject to the control of the Sessions Judge, be subordinate to the Sub-divisional Judicial Magistrate and the Sub-divisional 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.
(2) The Sub-divisional Judicial Magistrate shall be subordi- nate to the Sessions Judge.
17B. (1) All Assistant Sessions Judges shall be subordinate to the Sessions Judge in whose court they exercise jurisdiction and the Sessions Judge may from time to time distribute the business amongst such Assistant Sessions Judges consistent with this Code and the rules framed by the High Court.
Subordina- tion of Assistant Sessions Judge to the Sessions Judge.
(2) The Sessions Judge may also, when he himself is unavoid- ably absent or incapable of acting, make provisions for the dis- posal 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.
SBC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 91Delegation af powers by the High Court 17C. The High Court, and subject to its control the Sessions j Judge, may authorise an Additional Sessions Judge to perform 1 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.
Infer ior criminal courts.
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 Magis- trates) 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;
(3) in sub-section (3), after the words "State Government", the words ", in consultation with the High Court," shall be inserted;
(4) in sub-section (4), after the words "State Government may", wherever they occur, the words "in consultation with the High Court,'1 shall be inserted; and
(5) after sub-section (4), the following sub-section shall be inserted, namely: —
92 THE GAZETTE OF INDIA EXTRAORDINABY [PART II(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 (2) in sub-section (2), after the word "declare", the words ", in consultation with the High Court," shall be inserted.
14. For sub-section (1) of section 29, the following sub-section shall be substituted, namely: —
"(1) Subject to the other provisions of this Code, any offence under any other law shall, when any Court is mentioned in this behalf in such law, be tried by such Court:
Provided that if the Court so mentioned is a Court specified in column (1) of the Table below, such offence shall be tried by the Court of Judicial Magistrate specified against it in column (2) thereof.
THE TABLE
Name of Court specified in the law
(I)
I, District Magistrate . . ..
2. Magistrate of the first class Sub-divisional Magistrate .
Magistrate of the second class 4-
Magistrate of the third class Magistrate .
•;• 6.
Presidency Magistrate
7.
15. In section 29B—
Court by which triable
(2)
I. Sub-divisional Judicial Magistrate. 2. Judicial Magistrate of the first class. 3. Sub-divisional Judicial Magistrate. 4. Judicial Magistrate of the second class.
5. Judicinl Magistrate of the third class. 6. Judicial Magistrate. 7. Presidency Magistrate appointed in consultation with the High Court".
(1) for the words "a District Magistrate or a Chief Presi- dency Magistrate, or by any Magistrate specially empowered by the State Government", the words "a Sub-divisional Judicial Magistrate or a Chief Presidency Magistrate, or any other Judi- cial Magistrate specially empowered by the State Government in consultation with the High Court" shall be substituted; and
(2) for the words "exercise all or any of the powers con- ferred thereby", the words "try such persons" shall be substi- tuted.
16. For section 30, the following section shall be substituted,
namely:—
Offienccs punishable with impri- sonment not exceeding seven years.
"30 Notwithstanding anything contained in section 28 or section 29, the State Government may, in consultation with the High Court, invest any Judicial Magistrate of the first class with power to try as a Magistrate all offences not punishable with
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 93death or with imprisonment for life or with imprisonment for a term exceeding seven years:
Provided that no such Judicial Magistrate shall be invested with such powers unless he has, for not less than ten years, ex- ercised powers not inferior to those of a Judicial Magistrate of the first class:
Provided further that if anv Judicial Magistrate of the first class had, prior to his appointment as such Magistrate, ex- ercised the powers of an Assistant Sessions Judge, he may be invested with the powers under this section notwithstanding that he had not exercised the powers of a Judicial Magistrate of the first class for ten years.".
17. In the marginal note of section 34, for the word "District", the words "Sub-divisional Judicial" shall be substituted.
18. For section 36, the following section shall be substituted, namely:—
Ordinary powers of Magistrate 1 —Judicial and Exe- cutive.
'36. All District Magistrates, Sub-divisional Executive Magis- trates and Executive Magistrates of the first, second and third classes and all Sub-divisional Judicial Magistrates and Judicial Magistrates of the first, second and third classes have powers hereinafter respectively conferred upon them and specified in the Third Schedule. Such powers are called their "ordinary powers".'.
19. For section 37, the following section shall be substituted, namely:—
"37. In addition to his ordinary powers—
Additional powers of Judicial and Executive Magistrate!.
W any Judicial Magistrate may be invested by the State Government in consultation with the High Court with any of the powers specified in Part IA of the Fourth Sche- dule as powers with which he may be invested by the State Government in consultation with the High" Court;
fir) any Judicial Magistrate may be invested by the Sessions Judge to whom he is subordinate with any of the powers specified in Part IB of the Fourth Schedule as powers with which he may be invested by the Sessions Judge;
(iii) any Executive Magistrate may be invested by the State Government with any of the powers specified in Part IIA of the Fourth Schedule as powers with which he may be invested by the State Government;
(iv) any Executive Magistrate may be invested by the District Magistrate to whom he is subordinate with any of the powers specified in Part IIB of the Fourth Schedule as
94 THE GAZETTE OF INDIA EXTRAORDINARY [PART IIpowers with which ho may be invested by the District Magistrate.".
20. For section 38, the following section shall be substituted,
namely:—
Control of the inv ,png powers of the Sessions Judge and the District Magistrate,
"38. The power conferred on the Sessions Judge by clause (w) of section 37 shall be exorcised subject to the control of tie High Court and the State Government and the power con- ferred on the District Magistrate by clause (??>) of that section shall be exercised subject to the control of. the btate Govern- ment ".
21. After section 38, the following section shall be inserted,
namely:—
Powers of Sessions Judge, etc., to be con- ferred in consultation with the High Court.
"38A. Whenever, under any provision of this Code, or any other law for the time being in force, any judicial power is to be conferred by the State Government on a Sessions Judge or an Additional or Assistant Sessions Judge or Sub-divisional Judicial Magistrate or the Chief Presidency Magistrate or any other Judicial Magistrate, or any such Judicial Magistrate is to be specially empowered to exercise such power, the order con- ferring such power or empowering the exercise of such power shall be made by the State Government in consultation with the High Court notwithstanding that such provision may not expressly so provide
Explanation.—For the purpose of this section the question whether any power is judicial shall be decided by the State Government in consultation with the High Court and such deci- sion shall be final.1'.
22. In section 40, for the words "State Government otherwise", the words "State Government, in consultation with the High Court, where necessary, otherwise" shall be substituted.
23 In section 41,—
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 9525. In sub-section (1) of section 75, for the word "Magistrates", the words "Judicial Magistrates" shall be substituted.
26. In sub-section (1) of section 78, for the words "or Sub-divi- sional Magistrate", the words ', Sub-divisional Executive Magistrate or Sub-divisional Judicial Magistrate" shall be substituted.
27. In section 88 —
(1) in sub-section (2), after the words "District Magistrate", the words ", Sub-divisional Judicial Magistrate" shall be inserted;
(2) in sub-section (6B), after the words "District Magis- trate", the words ", Sub-divisional Judicial Magistrate" shall be inserted; and
(3) for the proviso to sub-section (6C), the following pro- viso shall be substituted, namely:—
"Provided that if it is preferred or made in the Court of a District Magistrate or a Sub-divisional Judicial Magistrate or Chief Presidency Magistrate, such District Magistrate, Sub-divisional Judicial Magistrate or Chief Presidency Magis- trate may make it over for disposal to any Magistrate subordi- nate to him, and such Magistrate shall have all the powers and jurisdiction in respect of such claim or objection as if the order of attachment had been issued by such Magistrate and the claim or objection had been originally preferred or made before him.".
28. In section 95, before 1he words 'District Magistrate", where- evcr they occur, the words "Sub-divisional Judicial Magistrate," shall be inserted
29. In sub-section (2) of section 96, before the words "District Magistrate", the words "Sub divisional Judicial Magistrate," shall be inserted.
30. In sub-section (7) of section 98,—
(1) in the first paragraph, for the words "Sub-divisional Magistrate, Presidency Magistrate or", the words "Sub-divi- sional Judicial or Executive Magistrate, Presidency Magistrate or Judicial or Executive" shall be substituted; and
(2) in the fourth paragraph, for the words "Sub-divisional Magistrate", the words "Sub-divisional Judicial or Executive Magistrate" shall be substituted.
31. In sub-section (1) of section 106, for the words "District Magis- trate, a Sub-divisional Magistrate or a Magistrate'', the words "Sub- divisional Judicial Magistrate or a Judicial Magistrate" shall be substituted-
96 THE GA2ETTE OF INDIA EXTRAORDINARY [PAHT li32. In sub-section (2) of section 167, after the words "nearest Magistrate", the words "having jurisdiction" shall be inserted.
33- In sub-section (3) of section 170, for the words "District Magis- trate or Sub-divisional Magistrate", the words "Sub-divisional Judi- cial Magistrate" shall be substituted.
34. In sub-section (1) oi section 186, for the words "District Magistrate, a Sub-divisional Magistrate, or, if he is specially em- powered in this behalf by the State Government, a", the words "Sub-divisional Judicial Magistrate, or, if he is specially empowered in this behalf by the State Government, in consultation with the High Court, a Judicial" shall be substituted.
35. In sub-section [1) of section 187, for the words "District Magis- trate, such Magistrate shall send the person arrested to the District or Sub-divisional Magistrate", the words "Sub-divisional Judicial Magistrate, such Magistrate shall send the person arrested to the Sub-divisional Judicial Magistrate" shall be substituted.
36. In section 190,—
(1) in sub-section (I), for the words "District Magistrate or Sub-divisional Magistrate, and any other", the words "Sub- divisional Judicial Magistrate, and any other Judicial" shall be substituted;
(2) after sub-section (/), the following sub-section shall bo inserted, namely:—
"(1A) Any District Magistrate or Sub-divisional Ex- ecutive Magistrate or any other Executive Magistrate of the first or second class specially empowered in this behalf by the State Government may take cognizance of any offence upon information received from any person other than a police officer, or upon his own knowledge or suspicion, that such offence has been committed.";
(3) for sub-section (2), the following sub-section shall be substituted, namely:—
"(2) The State Government, in consultation with the High Court, or the Sessions Judge subject to the general or special orders of the State Government in consultation with the High Court, may empower any Judicial Magistrate to take cognizance under sub-section (1), clause (a) or clause (b), of offences for which he may try or commit for trial.";
and
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 97(4) In sub-section (3), for the words "State Government may empower any", the words "State Government, in consultation with the High Court, may empower any Judicial" shall be sub- stituted-
37. Section 191 shall be re-numbered as sub-section (1) thereof and,—
(1) in sub-section (1) as so re-numbered, for the word "Magistrate", wherever it occurs, the words "Judicial Magistrate" shall be substituted; and
(2) after sub-section (1) as so re-numbered, the following sub-section shall be inserted, namely: —
" (2) When an Executive Magistrate takes cognizance of an offence under sub-section (IA) of section 190, he shall transfer the case to a Judicial Magistrate having jurisdiction to try the same and shall send the accused to such Magis- trate, or may, subject to the provisions of this Code, release him on bail on taking from him a bond with or without surety for his appearance before such Magistrate,".
38. In section 192,—
(1) in sub-section (l),for the words "or Sub-divisional Magistrate", the words ", Sub-divisional Executive Magistrate or Sub-divisional Judicial Magistrate" shall be substituted;
(2) for sub-section (2), the following aub-soction shall be substituted, namely: —
" (2) Any District Magistrate may empower any Execu- tive Magistrate of the first class who has taken cognizance of any case to transfer the same for inquiry to any other specified Executive Magistrate within the district who Js com- petent under this Code to hold such inquiry."; and
(3) after sub-section (2), the following sub-section shall be inserted, namely: —
" (3) Any Chief Presidency Magistrate or Sessions Judge may empower a Presidency Magistrate or any Judicial Magis- trate of the first class, as the case may be, subordinate to him who has taken cognizance of any case to transfer the same to any other Presidency Magistrate or Judicial Magistrate, as the case may be, who is competent under this Code to try the accused or commit him for trial, and such Presidency Magis- trate or Judicial Magistrate may dispose of the case accordingly.".
98 THE GAZETTE OF INDIA EXTRAORDINARY [PART II39. In section 1&3,—
(1) in sub-section (1), for the word "Magistrate", the words "Judicial Magistrate" shall be substituted; and
(2) in sub-section (2), after the words "State Government", the words ", in consultation with the High Court," shall be in- serted.
40. In section 206, for sub-section (1), the following sub-section shall be substituted, namely: —
" (1) Any Presidency Magistrate, Sub-divisional Judicial Magistrate or Judicial Magistrate of the first class or any Judicial Magistrate not being a Judicial Magistrate of the third class, empowered in this behalf by the State Government, in consulta- tion with the High Court, may commit any person for trial to the Court of Session or High Court for any ollence triable by such Court.".
41. In section 249, for the words "a Magistrate of the first class, or with the previous sanction of the District Magistrate, any other Magistrate", the words "a Judicial Magistrate of the first class, or with the previous sanction of the Sessions Judge, any other Judicial Magistrate" shall be substituted.
42. In section 260,—
(1) in sub-section (I), for clauses (a), (b) and (c) the fol- lowing clauses shall be substituted, namely: —
" (a) the Sub-divisional Judicial Magistrate,
(b) any Judicial Magistrate of the first class specially empowered in this behalf by the State Government In con- sultation with the High Court, and
((?) any Bench of Judicial Magistrates vested with the powers of a Judicial Magistrate of the first class and specially empowered in this behalf by the State Government in con- sultation with the High Court";
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 99(2) in the proviso to sub-section (2), for the word "Magistrate", the words "Judicial Magistrate" shall be substitu- ted; and
(3) in sub-section (2),—
(i) for the word "Magistrate" wherever it occurs, the words "Judicial Magistrate" shall be substituted, and
(ii) for the word "Bench", whe-rover it occur?, the words "Bench of Judicial Magistrates" shall be substituted.
43. In section 261, for the words "State Government may confer on any Bench of Magistrates invested with the powers of a Magistrate of the second or third class", the words "State Government, in consul- tation with the High Court, may confer on any Bench of Judicial Magistrates vested with the powers of a Judicial Magistrate of the second or third class" shall be substituted.
44. In section 263,—
(1) for the words "Magistrate or Bench of", the words "Judicial Magistrate or Bench of Judicial" shall be substituted; and
(2) after the words "State Government may"', the words ", in consultation with the High Couri," shall be inserted.
45. In sub-section (2) of section 265, for the words "authorize any Bench of", the words "in consultation with the High Court, authorize any Bench of Judicial" shall be substituted.
46. In section 269, after the words "State Government", wherever they occur, the words "in consultation with the High Court" shall be inserted.
47 In section 337,—
(1) in sub-section (!),—
(i) for the words "District Magistrate, a Presidency Magistrate, a Sub-divisional Magistrate or any", the words "Sub-divisional Judicial Magistrate, a Presidency Magistrate or any Judicial" shall be substituted; and
(ii) in the proviso, for the words "District Magistrate", wherever they occur, the words "Sub-divisional Judicial Magistrate" shall be substituted; and
(2) in tli" proviso to sub-section (I) and in tno remaining sub-sections, for the word "Magistrate", wherever it occurs, the words "Judicial Magistrate" shall be substituted.
100 THE GAZETTE OF INDIA EXTRAORDINABY [PABT II48. In section 338, for the words "Magistrate or the District", the words "Judicial Magistrate or the Sub-divisional Judicial" shall be substituted.
49. In section 346,—
(1) for the word "Magistrate", wherever it occurs, the words "Judicial MagisLrate" shall be substituted, and
(2) in sub-section (1), for the words "District Magistrate", the words "Sub-divisional Judicial Magistrate" shall be substi- tuted.
50. In section 349, in sub-sections (1) and (1A),—
(1) for the word "Magistrate", wherever it occurs, the words "Judicial Magistrate" shall be substituted; and
(2) for the words "District Magistrate or Sub-divisional Magistrate", wherever they occur, the words "Sub-divisional Judicial Magistrate" shall be substituted.
51. In section 350A, for the words "Bench of Magistrates", the words "Bench of Judicial Magistrates" shall be substituted.
52. In section 357,—
(1) after the words "State Government may", wherever they occur, the words ", in consultation with the High Court," shall be inserted;
(2) for the word "Magistrate" wherever it occurs, the words "Judicial or Executive Magistrate" shall be substituted; and
(3) for the word "Magistrates", the words "Judicial or Exe- cutive Magistrate" shall be substituted.
53. In section 387, for the words "District Magistrate", the words "Sub-divisional Judicial Magistrate" shall be substituted.
54. In section 406, for the words "other Magistrate", the words "other Executive Magistrate" shall be substituted.
55. In eection 406A,—
(1) in clause (b), for the words "the District Magistrate", the words "any other Magistrate" shall be substituted; and
(2) clause (r) shall be omitted.
56. In section 408—
(1) for the words ", a District Magistrate or any other", the words "or any Judicial" shall be substituted; and
&sc. 1] THE GAZETTE OF INDIA EXTftAORDlNABY iot(2) in clause (c) of the proviso, lor the word "Magistrate", the words "Judicial Magistrate" shall be substituted.
57. In section 413,—
(1) for the words "District Magistrate", 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.
58. In sub-section (1) of section 425, for the words "passed by a", the following shall be substituted, namely: —
"passed by a Judicial Magistrate other than the Sub-divisional 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".
59. In section 435,—
(1) in sub-section (I),—
(i) for the words "District Magistrate, or any Sub- divisional Magistrate empowered by the State Government", the words "any Sub-divisional Judicial Magistrate em- powered by the State Government in consultation with the High Court" shall be substituted; and
(H) 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) ,—
(i) 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;
(3) in sub-section (4), for the words "District Magistrate", the words "Sub-divisional Judicial Magistrate" shall be substi- tuted; and
(4) after sub-section (4), the following sub-sections shall be inserted, namely: —
"(5) The High Court or the Court of Session or any Dis- trict Magistrate or, any Sub-divisional Executive Magistrate empowered by the State Government in this behalf, may call for and examine the record of any proceeding before any
i oi THE GAZETTE OF INDIA EXTRAORDINARY [PART IIsubordinate Executive Magistrate for the purpose of satisfy- ing itself or himself, as the case may be, as to the correct- ness, legality or propriety of any order recorded or passed and as to the regularity of any proceeding before such sub- ordinate 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 h$ be released on bail or on his own bond pending the examination of the record.
(6) 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 Magis- trate.".
60. In section 436,—
(1) for the words "District Magistrate", wherever they occur, the words "Sub-divisional Judicial Magistrate" shall be substi- tuted;
(2) for the word "Magistrates", the words "Judicial Magis- trates" shall be substituted; and
(3) for the word "Magistrate", the words "Judicial Magis- trate" shall be substituted,
61. In section 437,—
(1) for the words "District Magistrate' wherever they occur, the words "Sub-divisional Judicial Magistrate" shall be substi- tuted; 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 Judi- cial Magistrate" shall be substituted.
63. In section 479,—
(1) for the words "District Magistrate", 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.
64. In section 488,—
(2) in sub-section (1), for the words "District Magistrate, a Presidency Magistrate, a Sub-divisional Magistrate", the words
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 103''Sub-divisional Judicial Magistrate, a Presidency Magistrate"
shall he substituted; and
(2) for the word "Magistrate", wherover it occurs, the words "Judicial Magistrate" shall be substituted.
65. In sub-section (!) of section 504, for the words "to the District Magistrate", the words and figures ", if the purpose referred to in section 503 relates to functions exercisablc 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.
66. In section 505, after sub-section (2), the following sub-section shall be inserted, namely: —
"(3) Upon receipt of the Commission, the Sub-divisional Judicial Magistrate, or such Judicial Magistrate subordinate to him as he may appoint in this behalf, may compel the attendance of, and examine, the witness as if he were a witness in a case pending before himself.".
67. In section 515, for the words "or District Magistrate shall be appealable to the District Magistrate", the words "shall be appealable to the Sessions Judge" shall be substituted.
68. In section 518,—
(1) for the words "District Magistrate or to a Sub-divisional Magistrate", the words "Sub-divisional Judicial Magistrate" shall be substituted; and
(2) in the marginal note, for the words "District or Sub- divisional Magistrate", the words "Sub-divisional Judicial Magis- trate" shall be substituted.
69. For sub-section (2) of section 524, the following sub-section shall be substituted, namely:-—
" (2) In the case of every order passed tinder this section by a Magistrate, other than the Presidency Magistrate, an appeal shall lie to the Sessions Judge and in the case of an order passed by a Presidency Magistrate an appeal shall lie to the High Court.".
70. In section 552, after the words "District Magistrate", the words "or Sub-divisional Judicial Magistrate" shall be inserted.
71. In sub-section (2) of section 554, after clause (d), the follow- ing clause shall be inserted, namely: —
" (e) make rules regulating the control and supervision over different classes of Magistrates and the control, supervision and inspection of different classes of Courts:".
104 THE GAZETTE OF INDIA EXTRAOBDINARY [PART II72. In sub-section (2) of section 559, for the words "the District Magistrate outside such towns", the words "elsewhere the District Magistrate in the case of Executive Magistrates and the Sessions Judge in the case of Judicial Magistrates" shall be substituted.
73. In section 561, for the words "District Magistrate", wherever they occur, the words "Sub-divisional Judicial Magistrate" shall be substituted.
74. In the proviso to sub-section (1) of section 562,—
(2) for the word "Magistrate", wherever it occurs, the words "Judicial Magistrate" shall be substituted:
(2) after the words "State Government", the words "in consultation with the High Court" shall be inserted; and
(£) for the words "Sub-divisional Magistrate", the words "Sub-divisional Judicial Magistrate" shall be substituted.
75. In section 565,—
(1) in sub-section (1), for the words "District Magistrate, Sub-divisional Magistrate or Magistrate of the first class, such Court or Magistrate", the words "Sub-divisional Judicial Magis- trate or Judicial Magistrate of the first class, such Court or Judi- cial Magistrate" shall be substituted; and
(2) in sub-section (3), after the words "Government may", the words ", in consultation with the High Court," shall be in- serted.
76. After section 565, the following Schedule shall be inserted, namely: —
"SCHEDULE I
(See section 6A)
FUNCTIONS IN RELATION TO DIFFERENT CLASSES OF MAGISTRATES
(SUBJECT TO SPECIFIC PROVISIONS IN THE CODE)
Explanation.—Magistrate does not include a Presidency Magis- trate.
Sections.
}. Exclusive to the Judicial Magistrates . . 4(1) (h), 28, 39, 29!?, 30, 32
33, 34, 35, 57, 106, 155, 156, 157, 158, 159, 165, 166, 170— 173, I75J 186, 187, 190. 191, 193, 200—265 291, 337, 338, 339A, 346, 347,34R, 349> 35OA, 352, 380, 387, 389. 408, 409, 411, 412, 4i33 414,428, 433, 436J 437, 439> 443, 464, 466, 467, 468, 469, 471, 473, 475, 476, 478, 479J 479A, 4"2" 484, 487, 488, 489, 490 5I2> 518, 532, 556, 557, 56i, 5<52" <*5-
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 105Exclusive to the Executive Magistrates . . 45 (5), 107—153, i743 176, i 9 ° (l A) 19100, 196AO1), 196B, 492(2), 54900-
Magistrates.
3. Concurrent to both the Judicial and Executive 4(i)(k), 4(-0(0, 8, 22A, 22B, 42, 44, 45 (1), 54, 60—65, 68—IOJA,, 126A, 164, 167, 169, 192, 197, 344, 350, 354—3<54= 367, 4°6> 406A, 425, 435, 438, 485, 495. 497* 498= 502, 503—5°6> 5O8A, 509, 514, 5I4A, 515, 516, 533 524, 525, 528, 529, 530, 533 539> 539A, 539AA, 539B, 540A 541. 552, 553, 559-"-
77. In Schedule II—
(i) to the "Explanatory Note", the following shall be added, namely: —
'The words Magistrate or Presidency Magistrate wher- ever they occur in the entries in the eighth column of this Schedule under the heading "By what court triable" shall mean a Magistrate or Presidency Magistrate, as the case may be, appointed in consultation with the High Court.';
(ii) in column 8, in the entries under the heading "By what court triable",—
(a) against the entry "124A" in column 1,—
(i) for the words "District Magistrate", the words "Sub-divisional Judicial Magistrate" shall be substituted; and
(ii) after the worck "State Government in this be- half", the words "in consultation with the High Court" shall be inserted; and
(b) against the entry "376' in column 1, for the words "District Magistrate", the words "Sub-divi;;ional Judicial Magistrate" shal] be substituted.
78. For Schedule III, the following Schedule shall be substituted, namely: —
"SCHEDULE III
(See section 36)
ORDINARY POWERS OF MAGISTRATES
Explanation.—-Magistrate does not include a Presidency Magistrate.
A.—JUDICIAL MAGISTRATES
I.--Ordinary Powers of a Judicial Magistrate of the Third Clats
(1) Power to arrest or direct the arrest of, and commit to custody, a person committing an offence in his presence, section 64.
IO6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II(2) Power to arrest, or direct the arrest in his presence of, an offender, section 65.
(3) Power to endorse a warrant, or to order the removal of any accused person arrested under a warrant, sections 83, 84 and 86.
(4) Power to issue proclamations in cases judicially before him, section 87.
(5) Power to attach and sell property and to dispose of claims to attached property in cases judicially before him, section 88.
(6) Power to restore attached property, section 89.
(7) Power to require search to be made for letters and telegrams, section 95.
(8) Power to issue search-warrant, section 96.
(9) Power to endorse a search-warrant and order delivery of thing found, section 99.
(10) Power to order detention (not being detention in the custody of the police) of a person during a police-investigation, section 167.
(11) Power to postpone issue of process and inquire into case him- self, section 202.
(12) Power to detain an offender found in Court, section 351.
(13) Power to issue commission for examination of witness, section 303.
(14) Power to apply to Sub-divisional Judicial Magistrate to issue commission for examination of witness, section 505(3).
(15) Power to recover forfeited bond for appearance before Magis- trate's court, section 514, and to require fresh security, section 514A.
(16) Power to make order as to custody and disposal of property pending inquiry or trial, section 516A.
(17) Power to make order as to disposal of property, section 517.
(18) Power to sell property of a suspected character, section 525.
(19) Power to require affidavit in support of application, section 539A.
(20) Power to make local inspection, section 539B.
H.—Ordinmry Powers of a Judicial Magistrate of the Second Class
(1) The ordinary powers of a Judicial Magistrate of the Third Slass.
Sic. 1] tfHE &A&ETTE OF INDIA EHtTRAOIlblftAftY 10^(2) Power to order the police to investigate an offence in cases in which the Magistrate has jurisdiction to try or commit for trial, section 155.
(3) Power to postpone issue of process and to inquire into a case or direct investigation, section 202.
III.—Ordinary Powers of a Judicial Magistrate of the First Class
(1) The ordinary powers of a Judicial Magistrate of the Second Class.
(2) Power to direct warrant to landholders, section 78.
(3) Power to issue search-warrant otherwise than in course of an inquiry, section 98.
(4) Power to issue search-warrant for discovery of persons Wrong- fully confined, section 100.
(5) Power to require execution of the bond, section 106.
(6) Power to discharge surety, section 126A.
(7) Powe" to record statement or confession, section 164.
(8) Power to authorize detention of a person in the custody of the police during a police-investigation, section 167.
(9) Power to commit for trial, section 206.
(10) Power to stop proceedings when no corm>iaint, section 249.
(11) Power to tender pardon to accomplice during inquiry into case by himself, section 337.
(12) Power to make orders of maintenance, sections 488 and 489.
(13) Power to recover penalty on forfeited bond, section 514.
(14) Power to require fresh security, section 514A.
(15) Power to recall case made over by him to another Magistrate, section 528(4).
(16) Power to make order as to first offenders, section 562.
(17) Power to order released convicts to notify residence, section 565.
IV.—Ordinary Powers of a Sub-divisional Judicial Magistrate appoint-
ed under section 13A
(1) The ordinary powers of a Judicial Magistrate of the First Class.
log THE GAZETTE OF INDIA EXTRAORDINARY [PAKT 11(2) Power to try juvenile offenders, section 29B.
(3) Power to order police-investigation into cognizable cases, section 156.
(4) Power to receive report of police-officer and pass order, section 173.
(5) Power to issue process for person within local jurisdiction who has committed an offence outside the local jurisdiction, section 186.
(6) Power to entertain complaints, section 190(l)(a).
(7) Power to receive police-reports, section 190(1) (b).
(8) Power to entertain cases without complaint, section 190(l)(c).
(9) Power to transfer cases to a Subordinate Magistrate, section 192.
(20) Power to try summarily, section 260.
(11) Power to pass sentence on proceedings recorded by a Sub- ordinate Magistrate, section 349.
(12) Power to make inquiry, section 436.
{13) Power to order commitment, section 437.
(14) Power to repoTt case to High Court, section 438.
(15) Power to sell property alleged or suspected to have been stolen, etc., section 524.
(16) Power to withdraw cases, and to try or refer to them for trial, section 528.
(17) Power to compel restoration of abducted females, section 552.
B.—EXECUTIVE MAGISTRATES
I.—Ordinary Powers oj an Executive Magistrate of the Third Class
(1) Power to arrest or direct the arrest of, and to commit to cus- tody, a person committing an offence in his presence, section 64.
(2) Power to arrest, or direct the arrest in his presence of, an offender, section 65.
(3) Power to endorse a warrant, or to order the removal of an accused person arrested under a warrant, sections 83, 84 and 86.
(4) Power to issue proclamations in cases judicially before him, •ection 87.
SEC. 1] THE GAZETTE OP INDIA EXTRAOKDINARY 109(5) Power to attach and sell property and to dispose of claims to attached property in cases judicially before him, section 88-
(6) Power to restore attached property, section 89.
(7) Power to require search to be made for letters and telegrams, section 95.
(S) Power to issue search-warrant, section 96.
(9) Power to endorse a search-wai rant and order delivery of thing found, section 99.
(10) Power to command unlawful assembly to disperse, section 127.
(21) Power to use civil force to disperse unlawful assembly, sec- tion 128.
(12) Power to require military force to be used to disperse unlaw- ful assembly, section 130.
(13) Power to order detention (not being detention in the custody of the police) of a person during a police-investigation, section 167.
(14) Power to issue commission, section 503.
(lo) Power to apply to District Magistrate for examination OJ* commission, section 505(1).
(16) Power to recover forfeited bond for appearance before Magis- trate's court, section 514 and to require fresh security, section 514A.
(17) Power to make order as to disposal of property, section 517- (18) Power to sell property of a suspected character, section 525.
(19) Power to require affidavit in support of application, section 539A.
(20) Power to make local inspection, section 539B.
11.—Ordinary Powers of an Executive Magistrate of the Second Class
The ordinary powers of an Executive Magistrate of the Thhd Class.
HI.—Ordinary Powers of an Executive Magistrate of ihe First Class
(1) The ordinary powers of an Executive Magistrate of the Second Class.
(2) Power to issue search-warrant otherwise than in couise of an inquiry, section 98.
no THE GAZETTE OF INDIA EXTRAORDINARY [PAHT II(3) Power to issue search-warrant for discovery of persons wrong- fully confined, section 100,
(4) Power to require security to keep the peace, section 107.
(5) Power to require security for good behaviour, section 109.
(6") Power to discharge sureties, section 126A
(7) Power to make Dreliminary orders as to local nuisances, section 133.
(8) Power to make preliminary orders in possession cases, sections 145, 146 and 147.
(9) Power to record statements and confessions during a police- investigation, section ]64.
(10) Power to authorize detention of a person in the custody of the police during police-investigation, section 167.
(11) Power to hold inquest, section 174.
(12) Power to recall case made over by him to another Magistrate, section 528(4).
IV.—Ordinary Powers of a Sub-divisional Executive Magistrate,
appointed under section 13
(1) The ordinary powers of an Executive Magistrate of the First Class.
(2) Power to direct warrants to landholders, section 78.
(3) Power to require security for good behaviour, section 110.
(4) Power to make order prohibiting repetitions of nuisances, sec- tion 143-
(5) Power to make orders under section 144.
(6) Power to depute subordinate Magistrate to make local inquiry, section 148.
(7) Power to take cognizance of offences otherwise than on police- reports, section 190(XA).
(8) Power to transfer cases to a subordinate Magistrate, section 192.
(9) Power to sell property alleged or suspected to have been stolen, etc, section 524.
10) Power to withdraw cases, section 528.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY HIV.—Ordinary Powers of a District Magistrate
(1) The cn'dinary powers of a Sub-divisional Executive Magistrate.
(2) Power to require security for good behaviour in case of sedi- tion, section 108.
(3) Power to discharge persons bound to keep the peace, section 124.
(4) Power to cancel bond for keeping the peace, section 125.
(5) Power to order preliminary investigation by police-officer not below the rank of Inspector in certain cases, section 196B.
(6) Power to call for records, section 435.
(7) Power to report case to High Court, section 438.
(8) Power to appoint person to be Public Prosecutor in particular case, section 492(2).
(9) Power to compel restoration of an abducted female, section 552.".
79. For Schedule IV, the following Schedule shall be substituted, namely: —
"SCHEDULE IV
(See sections 37 and 38)
ADDITIONAL POWERS WITH WHICH MAGISTRATES MAY BE INVESTED Explanation.—Magistrate does not include a Presidency Magistrate.
PART IA
POWERS WITH WHICH JUDICIAL MAGISTRATES MAY BB INVESTED BY TUB STATE GOVERNMENT IN CONSULTATION WITH THE HIGH COURT
I.—Powers loith whAch a Judicial Magistrate of the First Class may be invested
(J) Power to try juvenile offenders, section 29B.
(2) Power to issue process for person within local jurisdiction, who has committed an offence outside the local jurisdiction, section 186.
(3) Power to take cognizance of offences upon complaint, section 190(2)(o).
(4) Power to take cognizance of offences upon police-reports, sec- tion 190(I)(b).
112 THE GAZETTE OF INDIA EXTRAORDINARY [PART II(J) Power to take cognizance of offences without complaint, sct'tkin h)Q(])(c).
((>) POWCJ to try summarily, section 260.
(7) Power to sell properties alleged or suspected to have been stem n, section 524.
(") Power to try cases under section 124A of the Indian Penal Code.
II.—Powers with which a Judicial Magistrate of the Second Class
may be invested
(1) Power to try juvenile offenders, section 29B.
(2) Power to record statements and confessions, section 164.
(3) Power to authorize detention of a person in the custody of the police during police-investigation, section 167.
(4) Power to take cognizance of offences upon complaint, section 190(J)(a).
(5) Power to take cognizance of offences upon police-reports, section 190(3)(t>).
(*>) Power to take cognizance of offences without complaint, section 190(l)
(7) Power to commit for trial, section 206.
(8) Power to make order as to first offences, section 562.
III.—Powers with ivhich a Judicial Magistrate of the Third Class may
be invested
(1) Power to try juvenile offenders, section 29B.
(2) Power to take cognizance of offences upon complaint, section W)(aj.
(3) Pov.'ei to take cognizance of offences under police-reports, section 190(J)(b).
IY.-—Powers with which a Sub-divisional Judicial Magistrate may be invested
Power to call for records, section 435.
SEC. 2] THE GAZETTE OF INDIA EXTRAORDINARY 113PART IB
POWERS WITH WHICH JUDICIAL MAGISTRATES MAY BE INVESTED BY THE
SESSIONS JUDGE
I.—Powers with which a Judicial Magistrate of the First Class may
be invested
(1) Power to take cognizance of offences upon complaint, section 190(I)(o).
(2) Power to take cognizance of offences upon police-reports, sec- tion 190(I)(b).
,(3) Power to transfer cases, section 192.
I].—Powers with which a Judicial Magistrate of the Second Class
may be invested
(J) Power to take cognizance of offences upon complaint, section 190(l)(o).
(2) Power to take cognizance of offences upon police-reports, sec- tion l90(J)(b).
Til.—Powers wilh which a Judicial Magistrate of the Third Class
may be invested
(1) Power to take cognizance of offences upon complaint, section 190(1) (a).
(2) Power to take cognizance of offences upon police-reports, section 190(1) (b).
PART IIA
POWERS WITH WHICH EXECUTIVE MAGISTRATES MAY BE INVESTED BY THE
STATE GOVERNMENT
I.—Pcxwcrs with which an Executive Magistrate of the First Class may
be invested
(1) Power to require security for good behaviour in case of sedi- tion, section 108.
(2) Power to require security for good behaviour, section 110.
(3) Power to make orders prohibiting repetitions of nuisances, section 143,
(4) Power to make orders under section 144.
(5) Power to take cognisance vi offences otherwise than on police- •"•"ports, section 19O(1A).
(fi) Power to sell property alleged OT suspected to have been stolen, etc.. section 524.
114 THE GAZETTE OF INDIA EXTRAORDINARY [PABT II//.—Powers with which an Executive Magistrate of the Second Class
may be invested
(1) Power to make orders prohibiting repetitions of nuisances, section 143.
(2) Power to make orders under section 144.
(3) Power to record statements and confessions during a police- investigation, section 164.
(4) Power to take cognizance of offences otherwise than on police- reports, section 190 (1 A).
III.—Powers with which an Executive Magistrate of the Third Class
may be invested
(1) Power to make orders prohibiting repetitions of nuisances, section 143.
(2) Power to hold inquest, section 174.
IV-— Powers with which a Sub-divisional Executive Magistrate may
be invested
Power to call for records, section 435.
PART IIB
POWERS WITH WHICH EXECUTIVE MAGISTRATES MAY BB INVESTED BY THK
DISTRICT MAGISTRATE
I —Powers with which an Executive Magistrate of the First Class may
be invested
(I) Power to make orders prohibiting repetitions of nuisances, section 143.
(?) Power to make orders under section 144.
(?) Power to transfer cases, section 192.
II. -Powers with which an Executive Magistrate of the Second Class
may be invested
(1) Powtr to make orders prohibiting repetitions of nuisarces, section 143.
(2) Power to make orders under section 144.
{3) Power to hold inquest, section 174
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY n5111.—Powers with which an Executive Magistrate of the Third Class
may be invested
(1) Power to make orders prohibiting repetitions of nuisances, section 143.
(2) Power to hold inquest, section 174.".
ZAKIR HUSAIN,
President.
V. N. BHATIA,
Secy, to tfi" Govt of India.
Reasons for the enactment
With a view to give effect to the directive principle in article 50 of the Constitution to separate the Judiciary from the Executive in the public services of the State of West Bengal, the Governor of West Bengal promulgated the West Bengal Separation of Judicial and Executive Functions Ordinance, 1968 (West Bengal Ordinance VII of 1968) on the 26th January, 1968. The salient provisions of the Ordinance are as under:—
(i) Magistrates are classified into two classes, that is to say, those who are appointed in consultation with the High Court re- ferred to as the Judicial Magistrates and those who are appoint- ed without such consultation, referred to as the Executive Magis- trates. The Judicial Magistrates will primarily deal with cog- nizance, investigation, inquiry into and trial of any offence under the Indian Penal Code or under any other local or special law, while the Executive Magistrates will be mainly concerned with prevention of offences and other executive and administra- tive functions.
(ii) The functions of the two classes of Magistrates are separated mainly by amending the Code of Criminal Procedure, 1898 in its application to the State of West Bengal. Subject to the provisions of the Code of Criminal Procedure, the functions of the different classes of Magistrates are categorised as exclu- sive functions of the Judicial Magistrates or exclusive functions of the Executive Magistrates and the concurrent functions of both the classes of Magistrates without specifically amending the body of the Code of Criminal Procedure either as Judicial or Executive Magistrate except where necessary.
iiii) So far as the Presidency Magistrates are concerned, the Chief Presidency Magistrate, Additional Chief Presidency Magistrates and other trying Presidency Magistrates will be appointed in consultation with the High Court and they will
Tl6 THE GAZETTE OF INDIA EXTRA ORDINARY LPAHT II SEC—1]discharge all the functions assigned to them or extended to them under the provisions of the Code of Criminal Procedure, 1898, but the State Government can also appoint Presidency Magis- trates without consulting the High Court and such Presidency Magistrates may perform other functions of Presidency Magis- trates under the Code of Criminal Procedure, 1898 excluding
those relating to cognizance, investigations, inquiry into or trial of any offence.
(iv) Though the functions relating to prevention of offences have been allotted to the Executive Magistrates, provision haa been made for appeals and revision against orders passed by such Magistrates to the Sessions Judge or to the High Court provided the order is passed in a proceeding under the Code of Criminal Procedure, 1898.
(v) The post of Additional District Magistrate (Judicial) has been eliminated and while some powers exercisable by him have been assigned to the Sessions Judge, some of his minor powers have been allotted to the Sub-divisional Judicial Magis- trate.
(vi) Suitable provision has been made for proper control and supervision by the Sessions Judge or the Additional Sessions Judge over the Judicial Magistrates in the district or sessions division.
(vh) Though the Ordinance primarily seeks to amend thi1 Code of Criminal Procedure. 1898, yet, section 29 ol that Code has been so amended that Judicial Magistrates alone can try a case of any offence whether under the Indian Penal Code or und-er any other special or local law where the term "Magistrate" has been used without amending those laws passed or adminis- tered by the Union or the State Government.
2. The proposed measure seeks to replace the West Bengal Sepa- ration of Judicial and Executive Functions Ordinance, 1&68 (West Bengal Ordinance VII of 1968).
3. As it is not practicable to refer the present legislation to the Consultative Committee of Parliament on West Bengal legislation, it has been decided, in view of the urgency of the matter, to enaot U'c present legislation without such reference.
L. P. SINGH,
Secy, to the Govt. of India,
Ministry of Home Affairs.
PRINTED IN INDIA BY THE GENERAL MANAGER. GOVERNMENT OI* INDIA FRE8S, NEW D E I BI AND PUBLISHHD BY THE MANAGER OF PUBLICATIONS, DKLHI, 1 9 68
- those relating to inquiry into, or cognizance, investigation 01 trial of, any offence.". 13 In section 21,— (1) in sub-section (1),— (i) for the words "with the previous sanction of the Stati Government, make"', the words "make, -vith the previou approval of the High Court," shall be substituted: ↩
- ' shall be inserted; and (2) for sub-section (2), the following sub-section shall be substituted, namely:— "(2) Any power conferred by the Sessions Judge or the District Magistrate may be withdrawn by the Sessions Judge or the District Magistrate, as the case may be ". 24. In section 62, for the words "Sub-divisional Magistrate,'", the words "Sub-divisional Executive Magistrate, or to the Sub-divisional Judicial Magistrate." shall be substituted. ↩