Section 98 in The West Bengal Separation of Judicial And Executive Functions Act, 1970
98. In section 435, -
(1)in sub-section (1), for the words "District Magistrate, or any Sub-Divisional Magistrate empowered by the State Government", the words "any Sub-Divisional Judicial Magistrate empowered by the State Government in consultation with the High Court" shall be substituted;(2)In sub-section (2), -(a)for the words "Sub-divisional Magistrate", the words "Sub-Divisional judicial Magistrate" shall be substituted; and(b)for the words "District Magistrate", the words "Sessions Judge" shall be substituted:(3)in sub-section (4), for the words "District Magistrate", the words "Sub-Divisional Judicial Magistrate" shall be substituted; and(4)after sub-section (4), the following sub-sections shall be inserted, namely :-"(5) Any District Magistrate or any Sub-Divisional Executive Magistrate empowered by the State Government in this behalf, may call for and examine the record of any proceeding before any subordinate Executive Magistrate for the purpose of satisfying himself as to the correctness, legality or propriety of any order recorded or passed and as to the regularity of any proceeding before such subordinate Magistrate and may, when calling for such record, direct that the execution of any order be suspended and if the person is in confinement, that he be released on bail or on his own bond pending the examination of the record.(6)If any Sub-Divisional Executive Magistrate, acting under sub-section (5), considers that any such proceeding or order is illegal or improper, he shall forward the record with such remarks thereon as he thinks fit, to the District Magistrate.".
