Section 127 in The West Bengal Separation of Judicial And Executive Functions Act, 1970
127. For Schedule III, the following Schedule shall be substituted, namely :-
"Schedule III(See section 36.)Ordinary Powers of State Magistrates.A - Judicial MagistratesI. - Ordinary Powers of a Judicial Magistrate of the third class(1)Power to arrest or direct the arrest of, and commit to custody, a person committing an offence in his presence, section 64.(2)Power to arrest, or direct the arrest in his presence of, an offender, section 65.(3)Power to endorse a warrant, or to order the removal of any accused person arrested under a warrant, sections 83, 84 and 86.(4)Power to issue proclamations in cases judicially before him, section 87.(5)Power to attach and sell property and to dispose of claims to attached property in cases judicially before him section 88,(6)Power to restore attached property, section 89.(7)Power to require search to be made for letters and telegrams, section 95;(8)Power to issue search-warrant, section 96,(9)Power to endorse a search-warrant and order delivery of thing found, section 99.(10)Power to order detention (not being detention in the custody of the police) of a person during a police investigation, section 167.(11)Power to postpone issue of process and inquire into case himself, section 202.(12)Power to detain an offender in Court, section 351.(13)Power to issue commission for examination of witness, section 503.(14)Power to apply to Sub-Divisional Judicial Magistrate to issue commission for examination of witness, section 505(3).(15)Power to recover forfeited bond for appearance before Magistrate's Court, section 514, and to require fresh security, section 514A.(16)Power to make order as to custody and disposal of property pending inquiry or trial, section 516A.(17)Power to make order as to disposal of property, section 517.(18)Power to sell property of a suspected character, section 525.(19)Power to require affidavit in support of application, section 539A.(20)Power to make local-inspection, section 539B.II. - Ordinary Powers of a Judicial Magistrate of the second class.(1)The ordinary powers of a Judicial Magistrate of the third class.(2)Power to order the police to investigation an offence in cases in which the Magistrate, has jurisdiction to try or commit for trial, section 155.(3)Power to postpone issue of process and to inquire into a case or direct investigation, section 203.III. - Ordinary Powers of a Judicial Magistrate of the first class.(1)The ordinary powers of a Judicial Magistrate of the second-class.(2)Power to issue search-warrant otherwise than in course of an inquiry, section 98.(3)Power to issue search-warrant for discovery of persons wrongfully confined, section 100.(4)Power to require execution of the bohd, section 106.(5)Power to discharge surety, section 126A.(6)Power to record statement or confession, section 164.(7)Power to authorize detention of a person in the custody of the police during a police-investigation, section 167.(8)Power to commit for trial, section 206.(9)Power to stop proceedings when no complaint, section 249.(10)Power to tender to accomplice during inquiry into case by himself, section 337.(11)Power to make orders of maintenance, sections 488 and 489.(12)Power to recover penalty on forfeited bond, section 514.(13)Power to require fresh security, section 514A.(14)Power to recall case made over by him to another Magistrate, section 528(4).(15)Power to make order as to first offenders, section 562.(16)Power to order released convicts to notify residence, section 565.IV. - Ordinary Powers of a Sub-Divisional Judicial Magistrate appointed under section 13A.(1)The ordinary powers of a Judicial Magistrate of the first class.(2)Power to try juvenile offenders, section 29B.(3)Power to order police investigation into cognizable cases, section 156.(4)Power to receive report of police officer and pass order, section 173.(5)Power to issue process for person within local jurisdiction who has committed an offence outside the local jurisdiction, section 186.(6)Power to entertain complaints, section 190(1)(a).(7)Power to receive police-reports, section 190(1)(b).(8)Power to entertain case with complaint, section 190(1)(c).(9)Power to transfer cases to a subordinate Magistrate, section 192.(10)Power to try summarily, section 260.(11)Power to tender pardon to accomplice at any stage of a case, section 337.(12)Power to pass sentence on proceedings recorded by a subordinate Magistrate, section 349.(13)Power to make enquiry, section 436.(14)Power to order commitment, section 437.(15)Power to sell property alleged or suspected to have been stolen, etc., section 624.(16)Power to withdraw cases, and to try or refer to them for trial, section 528.(17)Power to compel restoration of abducted females, section 552.B - Executive MagistratesI. - Ordinary Powers of an Executive Magistrate of the third class(1)Power to arrest or direct the arrest of, aid to commit to custody, a person committing an offence in his presence, section 64.(2)power to arrest, or direct the arrest in his presence of, an offender, section 65.(3)Power to endorse a warrant, or to order the removal of an accused person arrested under a warrant, sections 83, 84 and 86.(4)power to issue proclamations in cases judicially before him section 87.(5)Power to attach and sell property and to dispose of claims to attached property in cases judicially before him, section 88.(6)Power to restore attached property, section 89.(7)Power to require search to be made for letters and telegrams, section 95.(8)Power to issue search-warrant, section 96.(9)Power to endorse a search-warrant and order delivery of thing found, section 99.(10)Power to command unlawful assembly to disperse, section 127.(11)Power to use civil force to disperse unlawful assembly, section 128.(12)Power to require military force to be used to disperse, unlawful assembly, section 130.(13)Power to issue commission, section 503.(14)Power to apply to District Magistrate for examination on commission, section 505(1).(15)Power to recover forfeited bond for appearance before Magistrate's Court, section 514 and to require fresh security, section 514A.(16)Power to make order as to disposal of property, section 517.(17)Power to sell property of a suspected character, section 525.(18)Power to require affidavit in support of application, section 539A.(19)Power to make local inspection, section 539B.II. - Ordinary Powers of an Executive Magistrate of the second classThe ordinary powers of an Executive Magistrate of the third class.III. - Ordinary Powers of an Executive Magistrate of the first class.(1)The ordinary powers of an Executive Magistrate of the second class.(2)Power to issue search-warrant otherwise than in course of an inquiry, section 98.(3)Power to issue search-warrant for discovery of persons wrongfully confined, section 100.(4)Power to require security to keep the peace, section 100.(5)Power to require security for good behaviour, section 109.(6)Power to discharge sureties, section 126A.(7)Power to make orders, as to local nuisances, section 133.(8)Power to make orders, etc., in possession cases, sections 145, 146 and 147.(9)Power to hold inquest, section 174.(10)Power to recall case made over by him to another Magistrate, section 528(4).IV. - Ordinary Powers of Sub-Divisional Executive Magistrate appointed under section 13.(1)The ordinary powers of an Executive Magistrate of the first class.(2)Power to direct warrants to landholders section 78.(3)Power to require security for good behaviour, section 110.(4)Power to make order prohibiting repetitions of nuisances, section 143.(5)Power to make orders under section 144.(6)Power to depute subordinate Magistrate to make local inquiry, section 148.(7)Power to take cognizance of offences otherwise than on police-reports section 190(1A).(8)Power to transfer cases to a subordinate Magistrate, section 192.(9)Power to sell property alleged or suspected to have been stolen, etc., section 524.(10)Power to withdraw cases, section 528.V. - Ordinary Powers of a District Magistrate(1)The ordinary powers of a Sub-divisional Executive Magistrate.(2)Power to require security for good behaviour in case of sedition, section 108.(3)Power to discharge persons bound to keep the peace or to be of good behaviour, section 124.(4)Power to cancel bond for keeping the peace, section 125.(5)Power to order preliminary investigation by police-officer not below the rank of Inspector in certain cases, section 196B.(6)Power to call for records, section 435.(7)Power to report case to High Court, section 438A.(8)Power to appoint person to be Public Prosecutor in particular case, section 492(2).(9)Power, to compel restoration of an abducted female, section 552.".
