Executive Magistrates
AI Assist
Summary
The State Government may appoint as many Executive Magistrates in a district as it thinks fit and must designate one as the District Magistrate. It can make an Executive Magistrate an Additional District Magistrate and give them such DM powers as directed. If an officer temporarily succeeds to district executive charge, they exercise all DM powers until the State Government orders otherwise. The State Government can place an Executive Magistrate in charge of a sub-division, delegate that power to the District Magistrate, and may, under other laws, give a Commissioner of Police some or all Executive Magistrate powers.
Example
Priya is an Executive Magistrate and the State Government appoints her as Sub-divisional Magistrate to run a subdivision. Later the District Magistrate post becomes vacant and Aditya temporarily takes over the district administration; until the State Government issues orders, Aditya will exercise all powers of the District Magistrate.
Bare Act
Enacted text(1) In every district, the State Government may appoint as many persons as it thinks fit to be Executive Magistrates and shall appoint one of them to be the District Magistrate.
(2) The State Government may appoint any Executive Magistrate to be an Additional District Magistrate, and such Magistrate shall have such of the powers of a District Magistrate under this Sanhita or under any other law for the time being in force as may be directed by the State Government.
(3) Whenever, in consequence of the office of a District Magistrate becoming vacant, any officer succeeds temporarily to the executive administration of the district, such officer shall, pending the orders of the State Government, exercise all the powers and perform all the duties respectively conferred and imposed by this Sanhita on the District Magistrate.
(4) The State Government may place an Executive Magistrate in charge of a sub-division and may relieve him of the charge as occasion requires; and the Magistrate so placed in charge of a sub-division shall be called the Sub-divisional Magistrate.
(5) The State Government may, by general or special order and subject to such control and directions as it may deem fit to impose, delegate its powers under sub-section (4) to the District Magistrate.
(6) Nothing in this section shall preclude the State Government from conferring, under any law for the time being in force, on a Commissioner of Police all or any of the powers of an Executive Magistrate.
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