Bare ActsThe West Bengal Separation Of Judicial And Executive Functions Act, 1968

Section 21

After section 38, the following section shall be inserted, namely :-- "38A

Amendment status not verified — confirm the current text below against the official source.

After section 38, the following section shall be inserted, namely :-- "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 conferring such power or empowering the exercise of such power shall be made by the State Government in consultation with the High Court notwith- standing that such provision may not expressly so provide. krfilanation.—For the purpose of this section the question whether any power is judicial shall be decided by the State Government in consultation wifh the High Court and such decision shall be final.".

Section 21 – The West Bengal Separation Of Judicial And Executive Functions Act, 1968 | DailyLaw.ai