Bare ActsThe west bengal separation of judicial and executive functions act, 1970

Section 12

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

(1) The Srare Govcrnmcnt may appoinl as nille h c c u l j v c many persons as il rhinks f i ~ , bcsides thc Dislricl ;lnd Magismarcs to be Exccuri ve Magistrites of the first, Magis~nrcs. second or lhird class in any districr oursidc the presidency-town and the State Govern~nenl or [lie Dis~rict Magislra~e, subject 10 the conrrol of lhe Stale Governmenl, may, irom rime to lime, define lhc local areu wirhin which such persons may exercise all or any of thc powcrs with which they may respectiveIy be invesred under [his Code. (2) The Srare Govcmmcnlmay, in consultarion with he High Court, appoinl as many persons as ik thinks fit, irom among [hc members of the Judicial Service of [he Stalc to be Judicial Magistrates of the firs[, second or rhird class in any districl, outside the presidency [own and the Slate Governmenl in consultation with the High Court or the Sessions' Cour~, subject 10 the conlrol of the slate ~ o v e r n m e n ~ k l i n ~ in consultation with [he High Coun, may, from ~ i m c lo lime. define [he local areas wirhin which such persons may eexcrcise all or any of the powers wilh which they may respectively be invcstcd under [his Code. (3) Notwirhslanding anything contained in sub-secdon (I). the State Govcmmcnl may, in consultation with the High Court, appoinl for such period no[ exceeding fivc years horn lhc commencement of the West Bengal Separalion of Judicial and Execurive Functions Act, 1970 in any dislrict outside the presidency- rown as many pcrsons, as it considers necessary, who are or have been members or [he West Bcngal Civil Scrvicc The Wesl Bellgal Separation of Jitdicial atrd Erecutive Frdncrions Act, 1970. [Wcsi Ben. Act (Sclicdrrl~.) (Executive) orchc West Bengal Junior Civil Service, to be Judicial ! Mngisrrates in such district, and, the S m e Government in consullation wilh h e High Court or the Scssions Judgc, subject to thecontrol of r he S talcGovernmentacting inconsul~alion w i ~ h the High Court, mny define the local ucaq wilhin which such persons may exercise all or any of the powers with which they may bc invesled under this Code. (4) Except as ohenvise provided under sub-seclions (I), (2) and (3), [he jurisdiction and powers of Execulive Magislratcs and Judicial Magisuates shall extend lhroughaut h e district. (5) Appointmenr and control of Judicial Magistrates under sub-sections (2) and (3) shall, on Ihc issue of a nolificalion published under anicle 237 of [he Conslitution of India, be in accordance w i ~ h the terms of he said notification.". 8, In seclion 13,- (a) in [he marginal nore, for thc word "Magistrate", [he words "Executive Magis~ate" shall be subsliwrrd; (b) in sub-seaion (11, for the word "Magislratc". the words "Execulive Magistrate" shall be substituted; and (c) for sub-section (3), the following sub-seclion shnI l be substituted, namely:- "(3) Such Executive Magistrates shall be called Sub- divisional Executive Magistrates.".

Section 12 – The west bengal separation of judicial and executive functions act, 1970 | DailyLaw.ai