Amendment status not verified — confirm the current text below against the official source.
For Schedule III, the following Schedule shall be substituted, namely: "SCHEDULE III (See section 36) sape.10128 w siomOd bowl° Explanation.—Magistrate does not include_ a Presidency Magistrate. a A.—Judicial Magistrates P—Ordivary Powers of a Judicial Magistrate of the Third. Class (1) Power to arrest or direct the arrest of, and commit to custody, a person committing an offence in his presence, section 64. (2) Power to arrest, or direct the arrest in his presence ef„ 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. 26 The West Bengal Separation of Judicial and Executive Funations Act, 1968. [President's Act (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-investiga- tion, section 167. (11) Power to postpone issue of process and inquire into case himself, section 202. (12) Power to detain an offender found in Court, sec- tion 351. (13) Power to issue commission for examination of • witness, section 503. (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 Magistrate'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, sec- tion 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 a Judicial Magistrate of the Second Class. (1) The ordinary powers of a Judicial Magistrate of the 'third class. (2) Power to order the police to investigate an offence in -eases 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. The West Bengal Separation of „Judicial and f 27 Executive FungticinS Act, -1968. it of 1968.] 111.—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 -wrongfully confined, section 100. (5) Power to require execution of the bond, section 106. i6) Power to discharge surety, section 126A. (7) Power 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 complaint, sec- lion 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. 1V.---Ordinary Powers of a Sub-divisional Judicial Magistrate appointed under section 134 0 (1) The ordinary powers of a Judicial Magistrate of the first Class. (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 inns- -diction who has committed an offence outside the local juris- diction, section 186. 28 The West Bengal,- SCparation of Judicial and Executive Functions Act, 1968. [President's Act (6) Power to entertain complaints, section 190(/)(a). (7) Power to receive police-reports, section 190(1)(b). (8) Power to entertain cases without complaint, section 190(/)(c). (9) Power to transfer cases to a Subordinate Magistrate, section 192. (10) Power to try summarily, section 260. (11) Power to pass sentence on proceedings recorded by a Subordinate Magistrate, section 349. (12) Power to make enquiry, section 436. (13) Power to order commitment, section 437. (74) Power to report 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 of an Executive Magistrate of the Third Class. (1) Power to arrest or direct the arrest of, and to commit tb custody, 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, 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 elivery of thing found, section 99. Tr The West Bengal Separation of Judicial_and Executive Functions Act, 7968. 8 of than (10) Power to command unlawful assembly to disperse, section 127. (11) Power to use civil force to disperse unlawful assembly, section 128. (12) Power to require military force to be used to disperse unlawful assembly, section 130. (13) Power to order detention (not being detention in the custody of the police) of a person during a police-investiga- tion, section 167. (14) Power to issue commission, section 503. (15) Power to apply to District Magistrate for examination on commission, section 505(1). (16) Power to recover forfeited bond for appearance before Magistrate's court, section 514 and to require fresh security, section 5141. (17) Power to make order as to disposal of property, sec- t'on 517. (18) Power to sell property of a suspected character, sec- tion 525. (19) Power to require affidavit in support of appli8ation, section 539A. (20) Power to make local inspection, section 539B. B.—Ordinary Powers of an Executive Magistrate of the Second Class The ordinary powers of an Executive Magistrate of the Third Class. 111,—Ordinary Powers of an, Executive Magistrate of the First Class (1) The ordinary powers of an Executive Magistrate of the Second Class. (2) Power to issue search-warrant otherwise than in course of an inquiry, section 98. (3) Power to issue search-warrant for discovery of persons wrongfully confined, section 100. (4) Power to require security to keep the peace, section 107. 29 • 30 The West Bengal Separation of Judicial and Executive Functions Act, 1968. [President's Act (5) Power to require security for good behaviour, section 109. (6) Power to discharge sureties, section 126A- (7) Power to make preliminary 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 164. (10) Power to authorize detention of a person in the, custody of the police during police-investigation, section