Section Text
1) The State Government shall, from time to time, appoint a sufficient number of persons (hereinafter called Presidency Magistrates) to be Magistrates for each of the presidency-towns and shall appoint one of such persons to be Chief Presidency Magistrate for each such town.
(2) The powers of a Presidency Magistrate under this Code shall be exercised by the Chief Presidency Magistrate, or by a salaried Presidency Magistrate, or by any other Presidency Magistrate empowered by the State Government to sit singly, or by any Bench of Presidency Magistrates. [(3) A Presidency Magistrate may be appointed under this section for such term as the State Government may, by general or special order, direct.
(4) The State Government may appoint any person to be an Additional Chief Presidency Magistrate, and such Additional Chief Presidency Magistrate shall have all or any of the powers of a Chief Presidency Magistrate under this Code or under any other law for the time being in force, as the State Government may direct.] State Amendments GUJARAT.-Ahmedabad.-With effect from the 4th November, 1961, the City of Ahmedabad is, by virtue of Section 13 of the Ahmedabad City Courts Act, 1961 (Guj. Act XIX of 1961), to be a sessions division and is to be deemed to be a district within the meaning of Section 7 of the Criminal Procedure Code and the Criminal Procedure Code is to have effect accordingly. MAHARASHTRA.-After sub-section (4) the following sub-section shall be added, namely : "(5) The power of appointment of the Chief Presidency Magistrate and the Additional Chief Presidency Magistrate shall be exercised in consultation with the High Court and the power of appointment of other Presidency Magistrates shall, on the issue of public notification under Article 237 of the Constitution, be exercised subject to the terms of the said notification." Bom. Act XXIII of 1951, Section 2 and Schedule. WEST BENGAL.-For Section 18, substitute the following, namely : "18. Appointment of Presidency Magistrate.-(1) Subject to the -provisions of subsection (4) and (5), the State Government in consultation with the High Court,-
(a) shall from time to time, appoint a sufficient number of persons (hereinafter called 'the Presidency Magistrates') to be Magistrates for the Presidency-town of Calcutta and shall appoint one of such persons to be the Chief Presidency Magistrate for such town ;
(it) may also appoint one of such Presidency Magistrates to be an Additional Chief Presidency Magistrate and such Additional Chief Presidency Magistrate shall have all or any of the powers of the Chief Presidency Magistrate under this Code or under any other law for the time being in force, as the State Government, in consultation with the High Court, may direct.
(2) The powers of a Presidency Magistrate under this Code shall be exercised by the Chief Presidency Magistrate or by any Presidency Magistrate or by any Bench of Presidency Magistrate.
(3) A Presidency Magistrate may be appointed under this section for such term as the State Government in consultation with the High Court, may, by general or special order, direct.
(4) The Chief Presidency Magistrate and the Additional Chief Presidency Magistrate shall be appointed from among the members of the West Bengal Higher Judicial Service.
(5) The other Presidency Magistrates shall be appointed from among the members of the West Bengal Civil Service ( Judicial) :
Provided that as many Presidency Magistrates, as may be considered necessary, may also be appointed from among the members of the West Bengal Civil Service (Executive) or West Bengal Junior Civil Service for such period not exceeding five years from the commencement of the West Bengal Separation of Judicial and Executive Functions Act, .1970, in the Presidency-town of Calcutta, as the State Government, in consultation with the High Court, may. think fit.
(6) Appointment and control of Presidency Magistrates under sub-section (5) 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."-West Bengal Act 8 of 1970, Section 3 and Sch., item 14. Section 18-A After Section 18, insert the following section, namely: MAHARAHTRA. "18-A. Special Presidency Magistrates.-The State Government may also appoint, for such term as it may, by special or general order, direct, any person as a Presidency Magistrate for the performance of all or any of the functions of a Presidency Magistrate excepting those relating to inquiry into, or cognizance, investigation or trial of, any offence. Such Presidency Magistrates shall be called Special Presidency Magistrate"- West Bengal Act 8 of 1970, Section 3 and Sch., item 15.