Executive Magistrates
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Summary
State Government appoints Executive Magistrates in every district and metropolitan area and must name one as District Magistrate. It can make Executive Magistrates Additional District Magistrates, place them in charge of sub-divisions as Sub-divisional Magistrates, or delegate those powers to the District Magistrate. If the District Magistrate post is vacant, the officer temporarily running the district exercises all DM powers until State orders; in a metro the State may also give some Executive Magistrate powers to the Commissioner of Police under other laws.
Example
Priya is an Executive Magistrate posted to a sub-division in her district. The State Government names her Sub-divisional Magistrate, so she takes charge of local executive duties there. Later the District Magistrate post becomes vacant and Priya temporarily runs the district; pending State orders she exercises the District Magistrate's powers.
Bare Act
Enacted text(1) In every district and in every metropolitan area. 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 the powers of a District Magistrate under this Code 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 Code 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.
4A. 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.
(5) 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 in relation to a metropolitan area.
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