District magistrate
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|
District magistrate | |
---|---|
Collectorate | |
Appointer | President of India |
Constituting instrument | Code of Criminal Procedure (India) |
Formation | 1772 |
Deputy | Additional collector Additional district magistrate Additional deputy commissioner |
The district magistrate, also known as the district collector or deputy commissioner, is a career civil servant[1] who serves as the executive head of a district's administration in India. The specific name depends on the state or union territory. Each of these posts has distinct responsibilities, and an officer can assume all of these roles at once. The district magistrate is primarily responsible for maintaining law and order, while the district collector focuses on revenue administration, and the deputy commissioner is in charge of overseeing developmental activities and coordinates government departments. Additionally, they also serve as election officers, registrar, marriage officer, licensing authority, and managing disaster responses, among other things. While the specific scope of duties may vary from state to state, they are generally similar.[2][3] The district magistrate comes under the general supervision of divisional commissioner.
History
Warren Hastings introduced the office of the District Collector in the Judicial Plan of 1772. By the Judicial Plan of 1774, the office of the Collector cum District Magistrate was temporarily renamed Diwan or Amil. The term Collector was brought back under the Judicial Plan of 1787. The name, Collector, derived from the holder being the head of the revenue organization (tax collection) for the district. With the passage of the Government of India Act 1858,[4][5] by the British Parliament.[6]
The office of a collector during the British Raj held multiple responsibilities – as collector, he was the head of the revenue organization, charged with registration, alteration, and partition of holdings; the settlement of disputes; the management of indebted estates; loans to agriculturists, and famine relief. As district magistrate, he exercised general supervision over the inferior courts and in particular, directed the police work.[10] The office was meant to achieve the "peculiar purpose" of collecting revenue and of keeping the peace. The superintendent of police (SP), inspector general of jails, the surgeon general, the divisional forest officer (DFO) and the Executive Engineer PWD (EE) had to inform the collector of every activity in their departments.[7][8][9]
Until the later part of the nineteenth century, no native was eligible to become a district collector. But with the introduction of open competitive examinations for the
The district continued to be the unit of administration after India gained independence in 1947. The role of the district collector remained largely unchanged, except for the separation of most judicial powers to judicial officers of the district. Later, with the promulgation of the National Extension Services and Community Development Programme by the Nehru government in 1952, the district collector was entrusted with the additional responsibility of implementing the Government of India's development programs in the district.[7][8][9][11]
Nomenclature
The different names of the office are a legacy of the varying administration systems in
Law and order was an important subject in the
Post Independence, the different names have continued even though the role and powers of the DM are almost the same throughout India.
- Deputy Commissioner (DC)- In India, some states use the term "Deputy Commissioner" instead of "District Magistrate" to refer to the head of the district administration. These states are Karnataka, Assam, Meghalaya, Mizoram, Nagaland, Tripura, Jammu and Kashmir, Punjab, Haryana, Delhi, Himachal Pradesh, Jharkhand, Arunachal Pradesh, etc.
- District Collector (DC)- In India, some states use the term "District Collector" instead of "District Magistrate" to refer to the head of the district administration. These states include Kerala, Tamil Nadu, Telangana, Andhra Pradesh, Goa, Maharashtra, Sikkim, Odisha, Gujarat, Maharashtra, Puducherry and Lakshadweep
- District Magistrate (DM)- some states use the term "District Magistrate" to refer to the head of the district administration. These states are Uttar Pradesh, Madhya Pradesh, Uttarakhand, West Bengal, Rajasthan, Bihar, Chhattisgarh, etc.
Posting
They are posted by the
Personal Staff
The District Collector/District Magistrate is provided with Personal Security Officers, including armed guards, to ensure their safety and protection.[13][14]
The District Collector/District Magistrate has personal staff, including a Personal Assistant (PA), a Secretary, and other support staff like clerks, peons, and drivers.[15]
Functions and responsibilities
The District Collector holds a diverse range of responsibilities that are defined under various laws and regulations, including the Criminal Procedure Code (CrPC), the Indian Penal Code (IPC), and other relevant acts. They are entrusted with land revenue administration, maintaining law and order, managing district administration, and implementing government policies and also they are incharge of various state and central government schemes and projects at district level. The responsibilities assigned to a district magistrate vary from state to state, but generally, Collectors, under the general supervision of divisional commissioners (where such a post exists),[16][17] are entrusted with a wide range of duties in the jurisdiction of the district, generally involving the following:[7][8][9][18][19][20][21][22][23][24]
As District Magistrate
- Issuance of adoption orders under the provisions of the Juvenile Justice Act, 2015 with provision of appeal to divisional commissioners.[25]
- The district Magistrate has the authority to issue orders under Section 144 of the CrPC, restricting the assembly of people to prevent potential disturbances.
- Under the National Security Act (NSA), the district magistrate has the authority to order preventive detention of individuals to prevent them from acting in any manner prejudicial to the security of the state or maintenance of public order.[26]
- Granting and renewing arms and ammunition licence under Arms Act with provision of appeal to divisional commissioners.[27]
- Granting license to cinemas under Cinematograph Act, 1952 with provision of appeal to divisional commissioners.
- Heads the district disaster management authority constituted under the Disaster Management Act, 2005.[28]
Other Functions
- District Election Officer (DEO)[29]
- Chairperson, Regional Transport Authority [30]
- Chairperson, District Road Safety Authority [31]
- Chairperson, District Tourism Promotion Council[32]
- Chairperson, District Disaster Management Authority[33]
- Chairperson, District Development Council (DDC)[34]
Separation from judiciary
While almost all of the 741 Indian districts are headed by DMs, constitutional developments post Independence in 1947 have led to a reduction in power and realignment of roles for the District Magistrate. The first major change came about in the early 1960s as the Judiciary was separated from the Executive in most Indian states in line with Article 50 of the
Restructure
The need to restructure the roles of the District Collector is for removing the colonial legacy, promoting uniformity, devolving power to local bodies, ensuring separation of power, mitigating power concentration, addressing status quoist tendencies, and advancing grass-root democracy.[36][37][38][39]
Exception
Kolkata in West Bengal does not have a conventional collector. A recently created post with the same name performs the functions of collector of stamp revenue, registration and certain other miscellaneous functions. The Magisterial powers are exercised by a Police Commissioner, one of the earliest such posts in British India, while the Kolkata Municipal Corporation takes care of all other responsibilities.[40]
See also
- Indian Administrative Service
- Indian Police Service
- Indian Forest Service
- Chief Secretary (India)
- Principal Secretary (India)
- Divisional Commissioner
- Municipal commissioner
- Sub-Divisional Magistrate
- List of districts in India
References
- ^ Nath, Anusha (15 October 2014). "Bureaucrats and Politicians: How Does Electoral Competition Affect Bureaucratic Performance?" (PDF). Boston University. pp. 5–6. Retrieved 27 October 2023.
- ^ "Administrative Setup | District Administration, Nuh | India". Nuh.gov.in. Retrieved 26 October 2023.
- ^ "Role of Deputy Commissioner Office". District Administration Fatehgarh Sahib. Retrieved 31 May 2023.
- ^ "The Indian Civil Service". Retrieved 18 September 2014.
- ^ "Administering India: The Indian Civil Service". Retrieved 18 September 2014.
- ^ Blunt, (1937)[full citation needed]
- ^ ISBN 9788125019886.
- ^ ISBN 978-8170993810.
- ^ ISBN 978-9339204785.
- His Majesty's Stationery Office. 1930. p. 255.
- ^ "Report of the 7th Central Pay Commission of India" (PDF). Department of Economic Affairs, Government of India. Seventh Central Pay Commission of India. Archived from the original (PDF) on 20 November 2015. Retrieved 15 February 2018.
- ISBN 978-8122434460.
- ^ KP Sai Kiran (3 July 2018). "Now, no security for sub-collectors". Times of India. Retrieved 31 May 2023.
- ^ Shikha Salaria (26 February 2020). "Noida: Police withdraw PSOs of additional district magistrates". Times of India. Retrieved 31 May 2023.
- ^ Nootan Sharma (21 December 2022). "District Collector, Magistrate, Development Commissioner: what to call an IAS officer?". The Print. Retrieved 31 May 2023.
- ^ "Maharashtra Act No. XLI of 1966" (PDF). Government of Maharashtra Law and Judiciary Department. 26 May 2010. Retrieved 31 May 2023.
- ^ "The M. P. Land Revenue Code, 1959" (PDF). Board of Revenue. Retrieved 31 May 2023.
- ^ "Powers Of District Magistrate in India". Important India. Archived from the original on 16 August 2017. Retrieved 20 August 2017.
- ^ "CONSTITUTIONAL SETUP". Government of Uttar Pradesh. Retrieved 30 August 2017.
- ^ "Administration". Muzaffarnagar District. Retrieved 6 September 2017.
- GhaziabadDistrict. Retrieved 6 September 2017.
- Dakshin KannadaDistrict. Retrieved 6 September 2017.
- ^ "Power & Functions of Deputy Commissioner". Office of Regional Commissioner, Belagum. Retrieved 6 September 2017.
- ^ "Administration". Agra District website. Retrieved 21 August 2017.
- ^ P, Ambika (28 July 2021). "Amid protests, Parliament passes bill giving powers to district magistrates to issue adoption orders". The Times of India. Retrieved 27 March 2022.
- ^ National Security Act, India.[1]
- ^ "The Arms Rules, 1962" (PDF). Ministry of Home Affairs. 13 July 1962. Retrieved 31 May 2023.
- ^ Sharma, Shantanu Nandan. "Covid-19: How two laws have vested unusual powers with the district magistrates". The Economic Times. Retrieved 27 March 2022.
- ^ "The Representation of People Act, 1951". Election Commission of India. 18 July 2023. Retrieved 7 December 2023.
- ^ "About the Authority". District Road Safety Authorities of Kerala. Archived from the original on 21 April 2021.
- ^ "Section 68. Transport Authorities". Legislative Department, Ministry of Law and Justice, Government of India. Retrieved 31 May 2023.
- ^ "District Tourism Promotion Council (DTPC) of Kerala". www.discoveredindia.com. Retrieved 5 May 2023.
- ^ "Members of DDMA – Kerala State Disaster Management Authority". Retrieved 5 May 2023.
- ^ "District Planning Office". District Administration Ernakulam. Retrieved 31 May 2023.
- ^ "CJ inaugurates District Court at Baghmara". 17 December 2020.
- ^ Sharma, Nootan (21 December 2022). "District Collector, Magistrate, Development Commissioner: what to call an IAS officer?". ThePrint. Retrieved 31 May 2023.
- ^ Administrative Reforms Commission’s 15th Report titled "State and District Administration" (PDF) (Report). Ministry of Personnel, Public Grievances and Pensions. Retrieved 31 May 2023.
- ^ "Seek to decolonise: Why we need to restructure the district collector's role". The Indian Express. 8 December 2022. Retrieved 31 May 2023.
- ^ College, Magadh Mahila. "Role of District Magistrate Move with the Changing Times" (PDF). Retrieved 31 May 2023.
- ^ "Mamata Banerjee: Separate collector for Kolkata | Kolkata News - Times of India". The Times of India. 2 September 2012.
Bibliography
- Singh, G.P. (1993). Revenue administration in India: A case study of Bihar. ISBN 978-8170993810.
- Maheshwari, S.R. (2000). Indian Administration (6th ed.). ISBN 9788125019886.
- Laxmikanth, M. (2014). Governance in India (2nd ed.). ISBN 978-9339204785.
- Arora, Ramesh K. (2011). Indian Public Administration: Institutions and Issues. ISBN 978-8122434460.