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

Section 38A

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Whenever under any provisions of this powcrs to bc cunr~md in Codc Or any olher law for lhc lime being in force, cansullalion any judicial powers ure to bc coderred by the Slale with Ihc High Coun. Government on a Sessions Judge or an Additional or Assisrant Sessions Judgcor aSub-divisional Judicial Magistrale or any olher Judicial Magismre, or any such Judicial Magistnle is to be specially empowered lo exercise such powers, he order conferring such powers or empowering thc c~ercise of such powers shall be made by he Slate Governmenr in consul tation with the High Caurt nolwilhstanding tharsuch provision may not expressiy so provide. Exylanatiotr.--For Ihe purposes of this sccdon, the question whether any powers are judicial shall be decided by thc State Govcmmen~inconsullation with the High Court andsuchdecision shall be final.". 29, In section 40, for the words "Sla~e Governrnen~ orherwise direct". [he words "Statc Government, in consul~arion with the High Court, where necessary, othenvise dirccrs" shall be substiruted.

Section 38A – The west bengal separation of judicial and executive functions act, 1970 | DailyLaw.ai