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District magistrate | |
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Type | Executive Head of the district |
Status | Executive Officer of the District |
Member of | Indian Administrative Service State Civil Services |
Reports to | Divisional commissioner |
Seat | Collectorate |
Appointer | President of India |
Constituting instrument | Code of Criminal Procedure (India) |
Formation | 1772 (253 years ago) (1772) |
Deputy | Additional collector Additional district magistrate Additional deputy commissioner |
Salary | ₹56,100-78,800 and various other allowances and facilities[1] |
Thedistrict magistrate, also known as thedistrict collector ordeputy commissioner, is acareer civil servant[a][2] who serves as the executive head of adistrict's administration in India. The specific name depends on thestate 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 maintaininglaw and order, while the district collector focuses on land 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.[3][4] The district magistrate comes under the general supervision ofdivisional commissioner.
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 theGovernment of India Act 1858,[5][6] by theBritish Parliament.[7]
Sir George Campbell,lieutenant-governor of Bengal from 1871 to 1874, intended "to render the heads of districts no longer the drudges of many departments and masters of none, but in fact the general controlling authority over all departments in each district."[8][9][10]
The office of a collector during theBritish 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.[11] The office was meant to achieve the "peculiar purpose" of collecting revenue and of keeping the peace. Thesuperintendent 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.[8][9][10]
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 theIndian Civil Service, the office was opened to natives.Romesh Chandra Dutt, Sripad Babaji Thakur,Anandaram Baruah,Krishna Govinda Gupta andBrajendranath De were the first five Indian ICS officers to become Collectors.[8][9][10]
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 theNehru government in 1952, the district collector was entrusted with the additional responsibility of implementing theGovernment of India's development programs in the district.[8][9][10][12]
The different names of the office are a legacy of the varying administration systems inBritish India. While the powers exercised by the officer were mostly the same throughout the country, the preferred name often reflected his primary role in the particular province. In theBengal Presidency, the post was called District Magistrate and Collector whereas in theBombay Presidency andCentral Provinces, it was known simply as the District Collector even though he was also the District Magistrate. In theMadras Presidency, it was often known simply as Collector.
Law and order was an important subject in theUnited Provinces and the post continues to be known as the District Magistrate in present-dayUttar Pradesh. In non-regulation provinces likePunjab,Burma,Assam andOudh, a simpler form of administration prevailed with many elements of theCriminal Procedure Code suspended and the DM functioning as the District and Sessions Judge as well. Here the post was known as Deputy Commissioner, due to these provinces having a Chief Commissioner who took the place of the usualGovernor andHigh Court and exercised both executive and judicial functions.
Post Independence, the different names have continued even though the role and powers of the DM are almost the same throughout India.
Chhattisgarh, etc.
They are posted by thestate government, from among the pool ofIndian Administrative Service (IAS) and State Civil Services (SCS) officers, who either are on Level 11, Level 12 or Level 13 of the Pay Matrix, in the state. The members of the IAS are either directly recruited by theUnion Public Service Commission, promoted from State Civil Service (SCS) or nominated from Non-State Civil Service (Non-SCS). The direct recruits are posted as Collectors after five to six years of service. SCS officers are also posted as Collectors when they attain at least the Selection Grade (Level 13 Grade Pay) in their service. A District Magistrate and Collector is transferred to and from the post by the state government.[13]
The District Collector/District Magistrate is provided with Personal Security Officers, including armed guards, to ensure their safety and protection.[14][15]
The District Collector/District Magistrate has personal staff, including a Personal Assistant (PA), a Secretary, and other support staff like clerks, peons, and drivers.[16]
The District Collector holds a diverse range of responsibilities that are defined under various laws and regulations, including the Land Revenue Act, Revenue recovery rules,Land acquisition act,Bharatiya Nagarik Suraksha Sanhita (BNSS), theArms Act, 1959, The Cinematograph Act, Registration Act, peoples representation act, 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 variousstate andcentral government schemes and projects atdistrict level. The responsibilities assigned to a district magistrate vary from state to state, but generally, Collectors, under the general supervision ofdivisional commissioners (where such a post exists),[17][18] are entrusted with a wide range of duties in the jurisdiction of the district, generally involving the following:[8][9][10][19][20][21][22][23][24][25]
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 theConstitution of India. This meant that DMs and SDMs could no longer try criminal cases or commit accused toSessions Court. Their place was taken by Chief Judicial Magistrates and Sub Divisional Judicial Magistrates. The District Magistrate was now the main Executive Magistrate of the district - charged with taking preventive measures for maintenance of law and order. Indirectly, this led to a loss of direct control over the police which now depended on the District Judge and the Judicial Magistrates. This change was institutionalised by the Code of Criminal Procedure, 1973. In the Union Territories and the North Eastern states, Collectors continued to exercise judicial power for much longer. A separate district judiciary was not created till 1978 inDelhi, 2008 inMizoram, 2016 inArunachal Pradesh and 2020 inMeghalaya.South Garo Hills District in Meghalaya, the last remaining district of India with the District Magistrate also exercising judicial powers, finally got a separate District and Sessions Court on 17 December 2020.[38]
The need to restructure the roles of the District Collector is for removing the colonial legacy, corruption, promoting uniformity, devolving power to local bodies, ensuring separation of power, mitigating power concentration, addressing status quoist tendencies, and advancing grass-root democracy.[39][40][41][42]
There have also been many instances where at lower levels, district magistrates have pressurized victims or their family members, especially if they belong to the marginalized community[43]
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.[44]