Section 10 in The West Bengal Separation of Judicial And Executive Functions Act, 1970
10. For section 14, the following section shall be substituted, namely :-
"14. Special Executive and Judicial Magistrates. - (1) The State Government may confer upon any person who possesses such qualifications as may be specified in this behalf by the State Government, by notification in the Official Gazette, all or any of the powers conferred or conferable by or under this Code, on an Executive Magistrate of the first, second or third class for a particular purpose or particular purposes, in any local area, outside the presidency-town.(2)Such Magistrates shall be called Special Executive Magistrates and shall be appointed for such term as the State Government may, by general or special order, direct.(3)The State Government may delegate, with such limitation as it thinks fit, to any officer under its control the powers conferred by sub-section (1).(4)The State Government may, in consultation with the High Court, confer upon any person who holds or has held any judicial post under the Union or a State, or possesses such other qualifications, as may, in consultation with the High Court, be specified in this behalf, by the State Government by notification in the Official Gazette, all or any of the powers conferred or conferable by or under this Code, on a Judicial Magistrate of the first, second or third class in regard to particular cases or a particular class or particular classes of cases, or in regard to cases generally, in any local area outside the presidency-town.(5)Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term as the State Government may, in consultation with the High Court, by general or special order, direct.(6)No powers shall be conferred upon this section on any police officer below the grade of Assistant District Superintendent, and no powers shall be conferred on a police-officer except so far as may be necessary for preserving the peace, preventing crime and detecting, apprehending, and detaining offenders in order to their being brought before the appropriate Magistrate and for the performance by the officer of any other duties imposed upon him by any law for the time being in force.".
