Amendment status not verified — confirm the current text below against the official source.
(4) Power to take cognizance of offences upon complaint, section 190(/)(a). (5) Power to take cognizance of offences upon police- reports, Section 190(/)(b). (6) Power to take cognizance of offences without com- plaint, section 190(1)(c). (7) Power to commit for trial, section 206. (8) Power to make order as to first offences, section 562. I11.—Powers with which 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 190(1)(a). (3) Power to take cognizance of offences under police- reports, section 190(1)(b). IV. —Powers with which a Sub-divisional Judicial Magistrate may be invested Power to call for records, section 435. r- O irT - The West fep.aratioJudicial and 3 tive ituskettans, - • PART TB' Powers with which Judicial Magistrates may be invested by the Sessions Judge 1.—Powers with which a' Judicial Magistizate of the First Class may be invested (1) Power to take cognizance of offences upon complaint; section 190(/)(a). (2) Power to take cognizance of offences upon pollee, reports, section 190(1)(b). (3) Power to transfer cases; section 192. II.—Powers with which a Judicial Magistrate of the Second 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). III.—Powers with which a Judicial Magistrate of the Third Class may be invested (1) Power to take cognizdnce of offences upon complaint, section 190(/)(a). (2) Power to take cognizance of offences upon police- reports, section 190(7)(b). PART I1A . Powers with which Executive Magistrates may be invested by the State. Government I.—Powers with which an Executive Magistrate of the First Class may be invested (1) Power to require security for good behaviour in case of sedition, section 108.. (2) Power to requite security for good behaviour, sec- tion 110. (3) Power to make orders prohibiting repetitions of nuisances, section 143. (4) Powsr to make order; ander section 144. The West Bengal Separation of Judicial and Executive Functions Act, 1968. [President's. Act (5) Power to take cognizance of offences otherwise than on police-reports, section. 190(14). (6) Power to sell property alleged or suspected to have been stolen, etc., section 524. II.—Powers with which an Executive Magistrate of the Second Class may be inflated. (1) Power to make orders- prohiliting repetitions ct nuisanees,'section 143. (2) Power to make orders under section 144. (3) Power to record statements and confessions during a poline‘inyestigation, section 164. (#).Power .to take cognizance of offences otherwise ,than on police-reports, section 190(14). .111.—: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. TV.—Powers with which a Sub-divisional. Raiecutive Magistrate may be invested Power to call for records, section 435. PART •IIB Powers with, which Executive Magistrates may be invested by the District Magistrate I.—Powers with which an Executive Magistrate of the First 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 transfer cases, section 192. 11.-2-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 hold inquest, section 174. 111.—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.". C The West Bengal Separation of Judicial and Executive runotions Aet, 1968: 0 - 8 01 1988.] Reasons for the enactment With a view to give effect to the directive principle in thick 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 promulgatO the West Bengal Separation of Judicial and Eiecutive Functions Ordinance, 1968 (West Bengal Ordinance VII of 1968) on the 26th. January, 1968. The salient provisions_ of the Ordnance are as under: (7) Magistrates are claSsified into two classes, that is to say, those who are appointed in consultation with the High Court referred to as the Judicial Magistrates and those who are appointed without- such consultation, referred to as :the Executive Magistrates. The Judicial Magistrates will pri- marily deal ' with cognizance, investigation, inquiry into and trial of any offence under the Indian Penal C6de or under any other local or special law, While the Executive MagistrateS will be mainly concerned with prevention of offences and other executive and administrative functions. (ii) The functions of the two classes of Magistrees arc 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 cate- gorised as exclusive functions -of the Judicial Magistrates or exclusive functions of the Execu, tive Magistrates and the concurrent functions of both the classes of Magiitrates without specifically amending the body of the Code of Criminal Procedure either as' Judicial or Executive Magistrate except where necessary. (tiii) So far as he Presidency Magistrates are concerned the Chief Presidency Magistrate, ,A.duitional Chief Presidency Magistrates and other trying Presidency Magistrates will be appointed in consultation with the High Court and they will 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 Magistrates under the Code of Criminal Procedure, 1898 excluding those relating to cognizance, investigations, inquiry into or trial of any offence. 36 Tito litiagal SOPPArnon „Iiivectitsve Anatvans el "'aria( and [Piesideall Act 8 of 1138 .) (iv) Though the functions relating to prevention, of offences have been allotted to . the Exeffutive -Magistrates, provision has been made fOr appeal-s- and revision against orders passed by such 3-Inglis- trates to the Seisions 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 -Distriet Magistrate (Judicial) has seer, eliminated and while some powers exercisable by him have been assigned to' the Seshions Judge, some of - minor powers have been allotted to the 8 ubdivisional J aliciai • Magistrate. (vs) Suitable provision has been made for proper control • and supervision by the Sessions Judge or the Additional Sessions Judgek, over the Judicial ' Magistrates in the district or sessions division, (vii) Though the Ordinancee- primarily seeks to amend the • Code of Criminal Procedure, 1898, yet, section 29 -- of that Code has been so amended that Judicial Magistrates alone can try a case of any offence whether under the Indian Penal Code or under any other special or • local laW where the term "Magistrate" has been used without amending those laws passed or administered by the Union or the State Government.