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State of West Bengal - Section

Section 102 in The West Bengal Separation of Judicial And Executive Functions Act, 1970

102. After section 438, the following section shall be inserted, namely :-

"438A. Power of District Magistrate to report to High Court or to decide finally proceedings called for. - On examining under section 435 or otherwise the record of any proceeding, -
(a)where such proceeding is in respect of an order made under section 118, section 122, section 143, section 144 or section 145, the District Magistrate shall, if he is of opinion that the order made in such proceeding should be revised or altered, report for orders of the High Court the result of his examination; and
(b)where such proceeding is in respect of an order made under any other section, the District Magistrate may exercise in respect of the order made in such proceeding the powers conferred on a Court of Appeal by sections 423, 426 and 428.".