Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 14: Executive Magistrates
(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.
Brefe Detail
Section 14 outlines the provisions related to the appointment and powers of Executive Magistrates in a district. It establishes the framework for appointing a District Magistrate, Additional District Magistrates, and Sub-divisional Magistrates, as well as the delegation of powers by the State Government. The section emphasizes the temporary succession of powers in case of vacancies and allows for the conferral of powers on police commissioners as needed.
Question & Answers
What is the role of the District Magistrate?
The District Magistrate is appointed by the State Government and is responsible for the executive administration of the district.
Can the State Government appoint additional Executive Magistrates?
Yes, the State Government may appoint any Executive Magistrate as an Additional District Magistrate with powers as directed by the government.
What happens if the District Magistrate's position becomes vacant?
In the event of a vacancy, any officer who temporarily assumes the executive administration of the district will exercise the powers and duties of the District Magistrate until further orders.
What is a Sub-divisional Magistrate?
A Sub-divisional Magistrate is an Executive Magistrate placed in charge of a sub-division by the State Government.
Can the State Government delegate its powers to the District Magistrate?
Yes, the State Government may delegate its powers concerning sub-divisional magistrates to the District Magistrate.
Can a Commissioner of Police be granted the powers of an Executive Magistrate?
Yes, the State Government can confer any powers of an Executive Magistrate on a Commissioner of Police under existing laws.
Example
1. If a new Executive Magistrate is appointed as a District Magistrate, they will have all powers conferred under the Bharatiya Nagarik Suraksha Sanhita.
2. An officer temporarily in charge of the district administration will carry out all the duties of the District Magistrate until the State Government makes a decision.
3. A Sub-divisional Magistrate can be tasked with specific administrative duties within a sub-division and report to the District Magistrate.
Summary
Section 14 of the Bharatiya Nagarik Suraksha Sanhita establishes the structure and responsibilities of Executive Magistrates within a district, detailing the appointment process, delegation of powers, and the continuity of authority in case of vacancies. This framework ensures that executive functions are carried out effectively at various administrative levels.
