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

Section 59

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

In section 435,— (I) in sub-section (1),— for the words "District Magistrate, or any Sub- divisional Magistrate empowered by the State Government", the words "any Sub-divisional Judicial Magistrate empowered by the State Government in consultation with the High Court" shall be substituted; and (ii) in the Explanation, for the words "Magistrates, whether exercising original or appellate juris- diction,", the words "Judicial Magistrates" shall be substituted; (2) in sub-section (2),— (0 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; t1) _(i) 0 The West Een-oal Sepairation of inclicid and, Executive Functions Act, 1968t, 8 of 1968.] (3) in sub-section (4), for the .words "District Magis- trate", the words "Sub-divisional Judicial Magistrate" shall be substituted; and, (1) after sub-section (4), the following sub-sections shall be inserted, namely :— "(5) The High Court or the Court of Session or any District Magistrate or, any Sub-divisional Executive Magistrate empowered by the State Government in this behalf, may calf for and examine the record of any proceeding before any subordinate Executive Magistrate for the purpose of satisfying itself or himself, as the case may be , as to the correctness, legality or propriety of any order recorded or passed and as to the regularity of any proceeding before such subordinate 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 he be released on, bail or on his own bond pending the examina- tion of the record. ifi) 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- Magistrate.".

Section 59 – The West Bengal Separation Of Judicial And Executive Functions Act, 1968 | DailyLaw.ai