Section 65 in The West Bengal Separation of Judicial And Executive Functions Act, 1970
65. In section 190, -
(1)In sub-section (1), for the words "District Magistrate or Sub-divisional Magistrate, and any other", the words "Sub-Divisional Judicial Magistrate, and any other Judicial" shall be substituted;(2)After sub-section (1), the following sub-section shall be inserted, namely :-"(1A) Any District Magistrate or Sub-divisional Executive Magistrate or any other Executive Magistrate of the first or second class specially empowered in this behalf by the State Government may take cognizance of any offence upon information received from any person other than a police officer, or upon his own knowledge or suspicion, that such offence has been committed.";(3)for sub-section (2), the following sub-section shall be substituted, namely :-"(2) The State Government, in consultation with the High Court, or the Sessions Judge subject to the general or special orders of the State Government in consultation with the High Court, may empower any Judicial Magistrate to take cognizance under sub-section (1), clause (a) or clause (b), of offences for which he may try or commit for trial"; and(4)in sub-section (3), for the words "State Government may empower any", the words "State Government, in consultation with the High Court, may empower any Judicial" shall be substituted.
