West Bengal Separation Of Judicial And Executive Functions Act, 1968
No: 8 Dated: Mar, 26 1968
THE WEST BENGAL SEPARATION OF JUDICIAL AND EXECUTIVE FUNCTIONS ACT, 1968
No. 8 of 1968
An Act to provide for the separation of the Judiciary from the Executive in the public services in the State of West Bengal.
In exercise of the powers conferred by section 8 of the West Bengal State Legislature (Delegation of Powers) Act, 1968, the President is pleased to enact as follows: —
1. Short title, extent and Commencement:- (1) This Act may be called the West Bengal Separation of Judicial and Executive Functions Act, 1968.
(2) It extends to the whole of the State of West Bengal.
(3) This section and section 8 shall come into force at once, and the remaining- provisions of this Mt shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different districts and any reference in this Act to its commencement shall, in relation to a district, ba construed as a reference to the coming into force of those provisions therein.
2. Definition:- In this Act, "Code of Criminal Procedure" means the Code of Criminal Procedure, 1898.
3. Amendment in the code of Criminal Procedure, 1898:- The Code of Criminal Procedure shall, in it application to the State of West Bengal, be amended in the manner and to the extent specified in the Schedule.
4. Classes of Magistrates:- Notwithstanding anything to the contrary contained in any other law for the time being in force, the word "Magistrate" shall include the following two classes of Magistrates, namely :—
(1) Magistrates appointed by the State Government in consultation with the High Court under any or the provisions of the Code of Criminal Procedure as amended by this Act, to be referred to as Judicial Magistrates; and
(2) Magistrates appointed by the State Government . without such consultation under any of the provisions of the Code of Criminal Procedure as amended by this Act, to be referred to as Executive Magistrates.
5. Functions exercisable by Judicial and Executive Magistrates:- Notwithstanding anything to the contrary contained in any other law for the time being in force but subject to the , other provisions of this Act and the Code of Criminal Procedure, including Schedules I to IV to the said. Code as- amended by this Act, where under any law the functions exercisable by a Magistrate relate to inquiry into, or cognizance, investigation or trial of, an offence, such functions shall be exercisable by a Judicial Magistrate, and where such functions relate to matters which are administrative or executive in nature, or relate to - prevention of an offence, they shall be exercisable by an Executive Magistrate:
Provided that any reference to a Magistrate in the Code of Criminal Procedure, as amended by this Act, which by express provision or necessary implication does not refer to a Judicial Magistrate or an Executive Magistrate, shall be construed as a reference to a Magistrate of either class:
Provided further that where a doubt arises as to whether a reference to a Magistrate should be construed as a reference to a Judicial Magistrate or an Executive Magistrate, the decision of the Sessions Judge of the district in which such doubt arises shall, subject to any direction given in this behalf by the State Government, in consultation with the High Court, be final.