DOI Page / Citation link:
https://doi.org/10.11588/diglit.34369#0176
166
ACT XV.
[A.D. 1843.
Preamble.
Declaration to be
taken.
Powers as a judicial
ofBcer.
Powers as an officer
of police.
May hold the ofHce
with any other ofEce,
Not dismissible with-
out sanction of Go-
vernment.
A.D. 1843. ACT XV.
AN AcT^bp zzzorc of m fAe
VZZ^ZCZZZ/ WpzzzAzzZCZZ^ .' PASSED /b/ ^Au AzqAb AfozzOZZZ'oAA Mg frOPPZ'ZZOP-
q/AzAzz zzz CoMMczf ozz ^Ae 5z^A Azz^zz^f 1843.
WHEREAS the exigencies of the public service require that the police
and criminal branch of the judicial department should be strengthened
by the more extensive employment of uncovenanted agency;—
I. It is hereby enacted, that it shall be competent to the local Govern-
ments of both divisions of the Bengal presidency to appoint in any zillah
or district one or more uncovenanted deputy magistrates with the powers
hereinafter specified.
II. And it is hereby enacted, that every person appointed to the office
of deputy magistrate under this Act shali, previously to entering upon the
execution of the duties of his office, make and subscribe, before the magis-
trate of the district to which he may be appointed, a declaration according
to Act XXI. 1837.
III. And it is hereby enacted, that a deputy magistrate appointed under
this Act shall be capable of being employed as a judicial officer or as an
officer of police, or both, at the discretion of the local Government. As
a judicial officer he shall exercise the powers of a covenanted assistant,
under Regulations XIII. 1797 ; IX. 1807 ; or III. 1821, or the full
powers of a magistrate, according to such orders as may from time to
time be issued in that respect by the local Government; and in such
cases he shall be subject to such authority in regard to appeals from his
decisions and judicial orders, as is provided for the decisions and orders of
a covenanted assistant under the above Regulations, or of a magistrate
respectively. As an officer of police he shall be in all respects subordi-
nate to the magistrate under whom he may be placed ; he shall exercise
such powers as the Government, or the magistrate with the sanction of
Government, may commit to him, and shall obey all orders that may be
issued, and perform all duties that may be assigned to him by that
functionary, who shall be at all times competent, subject to such orders as
he may receive from the local Government, to extend, limit, or resume the
powers committed to such deputy.
IV. And it is hereby enacted, that nothing in this Act contained shall
be held to disqualify any uncovenanted officer in the revenue and judicial
departments from holding at the same time with any other office, the office
of deputy magistrate.
V. And it is hereby enacted, that a deputy magistrate appointed under
this Act shall not be dismissed from office for misconduct, without the
sanction of the local Government. Whenever there may be reason to
ACT XV.
[A.D. 1843.
Preamble.
Declaration to be
taken.
Powers as a judicial
ofBcer.
Powers as an officer
of police.
May hold the ofHce
with any other ofEce,
Not dismissible with-
out sanction of Go-
vernment.
A.D. 1843. ACT XV.
AN AcT^bp zzzorc of m fAe
VZZ^ZCZZZ/ WpzzzAzzZCZZ^ .' PASSED /b/ ^Au AzqAb AfozzOZZZ'oAA Mg frOPPZ'ZZOP-
q/AzAzz zzz CoMMczf ozz ^Ae 5z^A Azz^zz^f 1843.
WHEREAS the exigencies of the public service require that the police
and criminal branch of the judicial department should be strengthened
by the more extensive employment of uncovenanted agency;—
I. It is hereby enacted, that it shall be competent to the local Govern-
ments of both divisions of the Bengal presidency to appoint in any zillah
or district one or more uncovenanted deputy magistrates with the powers
hereinafter specified.
II. And it is hereby enacted, that every person appointed to the office
of deputy magistrate under this Act shali, previously to entering upon the
execution of the duties of his office, make and subscribe, before the magis-
trate of the district to which he may be appointed, a declaration according
to Act XXI. 1837.
III. And it is hereby enacted, that a deputy magistrate appointed under
this Act shall be capable of being employed as a judicial officer or as an
officer of police, or both, at the discretion of the local Government. As
a judicial officer he shall exercise the powers of a covenanted assistant,
under Regulations XIII. 1797 ; IX. 1807 ; or III. 1821, or the full
powers of a magistrate, according to such orders as may from time to
time be issued in that respect by the local Government; and in such
cases he shall be subject to such authority in regard to appeals from his
decisions and judicial orders, as is provided for the decisions and orders of
a covenanted assistant under the above Regulations, or of a magistrate
respectively. As an officer of police he shall be in all respects subordi-
nate to the magistrate under whom he may be placed ; he shall exercise
such powers as the Government, or the magistrate with the sanction of
Government, may commit to him, and shall obey all orders that may be
issued, and perform all duties that may be assigned to him by that
functionary, who shall be at all times competent, subject to such orders as
he may receive from the local Government, to extend, limit, or resume the
powers committed to such deputy.
IV. And it is hereby enacted, that nothing in this Act contained shall
be held to disqualify any uncovenanted officer in the revenue and judicial
departments from holding at the same time with any other office, the office
of deputy magistrate.
V. And it is hereby enacted, that a deputy magistrate appointed under
this Act shall not be dismissed from office for misconduct, without the
sanction of the local Government. Whenever there may be reason to