Section 14 in The West Bengal Separation of Judicial And Executive Functions Act, 1970
14. For section 18, the following section shall be substituted, namely :-
"18. Appointment of Presidency Magistrate. - (1) Subject to the provisions of sub-sections (4) and (5), the State Government in consultation with the High Court, -(a)shall, from time to time, appoint a sufficient number of persons hereinafter called Presidency Magistrates) to be the Magistrates for the presidency-town of Calcutta and shall appoint one of such persons to be the Chief Presidency Magistrate for such town;(b)may also appoint one of such Presidency Magistrates to be an Additional Chief Presidency Magistrate shall have all or any of the powers of the Chief Presidency Magistrate under this Code or under any other law for the time being in force, as the State Government, in consultation with the High Court, may direct.(2)The powers of a Presidency Magistrate under this Code shall be exercised by the Chief Presidency Magistrate or by any Presidency Magistrate or by any Bench of Presidency Magistrates.(3)A Presidency Magistrate may be appointed under this section for such term as the State Government in consultation with the High Court, may, by general or special order, direct.(4)The Chief Presidency Magistrate and the Additional Chief Presidency Magistrate shall be appointed from among the members of the West Bengal Higher Judicial Service.(5)The other Presidency Magistrates shall be appointed from among the members of the West Bengal Civil Service (Judicial):Provided that as many Presidency Magistrates, as may be considered necessary, may also be appointed from among the members of the West Bengal Civil Service (Executive) or West Bengal Junior Civil Service for such period not exceeding five years from the commencement of the West Bengal Separation of Judicial and Executive Functions Act, 1970, in the presidency-town of Calcutta, as the State Government, in consultation with the High Court, may think fit.(6)Appointment and control of Presidency Magistrates under sub-section (5) shall, on the issue of a notification published under article 237 of the Constitution of India, be in accordance with the terms of the said notification.".
