Section 40 in The Punjab Separation of Judicial and Executive Functions Act, 1964
40. In section 167, -
(i)for the proviso to sub-section (2), the following shall be substituted, namely :-"Provided that no Executive or Judicial Magistrate of the second class not specially empowered in this behalf by the State Government or the High Court, as the case may be, shall authorise detention in the custody of the police" ; and(ii)for sub-section (4), the following shall be substituted, namely :-"(4) If such order is given by an Executive Magistrate other than the District Magistrate or Sub-divisional Magistrate, he shall forward a copy of his order, with his reasons for making it, to the Magistrate to whom he is immediately subordinate and if such order is given by a Judicial Magistrate, he shall forward a copy of his order, with his reasons for making it, to the Chief Judicial Magistrate".
