Section 7 in The West Bengal Separation of Judicial And Executive Functions Act, 1970
7. For section 12, the following section shall be substituted, namely :-
"12. Subordinate Executive and Judicial Magistrates. - (1) The State Government may appoint as many persons as it thinks fit, besides the District Magistrates to be Executive Magistrates of the first, second or third class in any district outside the presidency-town and the State Government or the District Magistrate, subject to the control of the State Government, may, from time to time, define the local areas within which such persons may exercise all or any of the powers with which they may respectively be invested under this Code.(2)The State Government may in consultation with the High Court, appoint as many persons as it thinks fit, from among the members of the Judicial Service of the State to be Judicial Magistrates of the first, second or third class in any district, outside the presidency-town and the State Government in consultation with the High Court or the Sessions' Court, subject to the control of the State Government acting in consultation with the High Court, may, from time to time, define the local areas within which such persons may exercise all or any of the powers with which they may respectively be invested under this Code.(3)Notwithstanding anything contained in sub-section (1), the State Government may, in consultation with the High Court, appoint for such period not exceeding five years from the commencement of the West Bengal Separation of Judicial and Executive Functions Act, 1970 in any district outside the presidency-town as many persons, as it considers necessary, who are or have been members of the West Bengal Civil Service (Executive) or the West Bengal Junior Civil Service, to be Judicial Magistrates in such district, and the State Government in consultation with the High Court or the Sessions Judge, subject to the control of the State Government acting in consultation with the High Court, may define the local areas within which such persons may exercise all or any of the powers with which they may be invested under this Code.(4)Except as otherwise provided under sub-sections (1), (2) and (3), the jurisdiction and powers of Executive Magistrates and Judicial Magistrates shall extend throughout the district.(5)Appointment and control of Judicial Magistrates under sub-sections (2) and (3) shall, on the issue of a notification published under Article 237 of the Constitution of India, be in accordance with the terms of the said notification."
