Role of Deputy Commissioner Office
The Deputy Commissioner is the Chief Revenue Officer as District Collector and is responsible for collection of Revenue and other Govt. dues recoverable as arrears of Land Revenue. He deals with the Natural Calamities like draught, unseasonal rains, hailstorms, floods and fire etc.
The Deputy Commissioner acts as Divisional Commissioner under PP Act and acts as District collector to dispose of the appeals against the orders of SDM made as Assistant Collector first Grade.
Under the Punjab RTS Act,D.C. is 2nd Appeliate Authority.
The Deputy Commissioner acts as District Election Officer to conduct the Parliamentary, Assembly, Municipal and Panchayat Elections.
Under RTI, D.C.’s is 1st Appellate Authority.
Deputy Commissioner’s role under following acts is as follows:-
Under the Land Security Tenants Act———Disposes off the appeals against the orders of AC-I(SDM) as District Collector Indian Stamp Act.——— Acts as District Collector Arms act ——— Acts as District Magistrate being Licensing Authority. Special Marriage Act, 1954——— Acts as Registrar Marriage.-
Under the Registration Act, the District Collector exercise the Powers of Registrar of the District and he controls and supervises the work of Registration of deeds.
Further under the Cinematograph Act, the District Magistrate is the Licencing Authority in his jurisdiction. The administration of the Police in a district is vested in the District Superintendent, but under the General direction of the District Magistrate as per provisions of section 4 of the Indian Police Act, 1861.
Rule 1.15 of the Punjab Police Rules, 1934, also provides the powers of District Magistrate as under:
The District Magistrate is the Chief Administrator of the District for Criminal Administration of the District and the Police force is the instrument provided by Government to enable him to enforce his authority and fulfill his responsibility for the maintenance of Law & Order. The police force in a District is, therefore, placed by Law under the General control and direction of the District Magistrate, who is responsible that it carries out its duties in such a manner that effective protection is afforded to the public and against lawlessness and disorder.”
District Magistrate is thus responsible for the maintenance of Law & Order within the limit of his jurisdiction. He is conferred with very wide powers by the law, which if used prudently can be very effective in maintaining peace and tranquility. The police force is mainly an instrument provided by Law for the District Magistrate. He can impose restriction on the movement of unlawful Assembly under Section 144 Cr.P.C. and can also impose curfew keeping in view the situation.
He is authorized to inspect the Offices/Courts of Sub Divisional Magistrates, Tehsildars, Naib Tehsildars, Treasuries, Sub Treasuries, Jails, Hospitals, Dispenseries, Schools, Blocks, Police Stations, Second Class Local Bodies, Improvement Trusts and all other offices of Punjab Government, the A.C.Rs of whose Heads of offices he is required to write. In this way, he exercises effective control over the Administration.
The Deputy Commissioner holds courts and hears appeals under the following Acts against the order of Sub Divisional Magistrate, passed as Assistant Collector Ist Grade and Sales Commissioner and Settlement Commissioner: Under the Land Revenue Act,1887. Under the Punjab Tenancy Act,1887. Displaced Persons (Compensation & Rehabilitation) Act,1954. Punjab Package Deal Properties (Disposal) Act,1976. Urban Land (Ceiling & Regulations) Act, 1976.
Additional Deputy Commissioner
The post of Additional Deputy Commissioner has been created to assist the Deputy Commissioner in his day-to-day working. The Additional Deputy Commissioner enjoys the same powers as that of Deputy Commissioner under the rules.
With a view to lighten the enormously increasing workload of the Deputy Commissioner, the post of Additional Deputy Commissioner was created in the year 1979. He has been vested with the following powers under the various Acts-within the limits of the district:
As Collector under the following Acts: The Punjab Land Revenue Act,1887. The Punjab Occupancy Of Tenants(Vesting of Proprietary Rights)Act,1952. The Punjab Tenancy Act,1887. The Land Acquisition Act,1894. The Punjab Restitution of Mortgage Land Act,1938. The Punjab Village Common Land(Regulation) Act,1961. The Indian Stamp Act,1899. As Registrar under the Registration Act,1908. As Deputy Commissioner Under the Punjab Aided School (Security of Services) Act,1969. As Executive Magistrate , Addl. Deputy Commissioner , D.M under the Criminal Procedure Code,1973. As Additional District Magistrate under the Arms Act of India and Petroleum Act,1934. He has been appointed as Chairman of District Consultative Committee under Personal Accident Social Security Scheme vide Punjab Government Notification No 13/434/88-SW /9794 dated 27.9.1988.
The duties of the Sub Divisional Magistrate within his Sub Division are almost similar to those of the Deputy Commissioner within his district. In all matters of administration , he has to be the Deputy Commissioner’s principal agent.
He is also incharge of various development activities going on in the Sub Division and is also responsible for co-ordinating the work of various departments. For that he has to tour the area to keep a watch on the development activities, the revenue administration as also the law & Order situation in his Sub Division. Besides this he has to look after the grievances of general public and to attend to the problems arising out of the natural calamities. He supervises the work of Revenue agency in the Sub Division.
There is no denying the fact that the job of a Sub Divisonal Magistrate is independent in character to some extent. He is primarily responsible for everything that happens within his jurisdiction and must accordingly take his decisions to a large extent, independently. Sub Divisional Magistrate is conferred with various powers under the land revenue and tenancy acts. He also acts as Assistant Collector First Grade under the Punjab Land Revenue Act and Punjab Tenancy Act. He is also the appellate authority in cases decided by his subordinate revenue officers. He also acts as First Appellate Authority under Right to Service Act,2011.
The Executive Magistrate placed by the State Government as incharge of the Sub Division is termed as the Sub Divisional Magistrate Under section 20(4) Cr.p.c.and under section 23 Cr.P.C., the Sub divisional Magistrate like other Executive Magistrates of the District is subordinate to the District Magistrate and is responsible for the maintenance of law and order within the limits of his local jurisdiction. He enjoys very wide powers under section 107/151,109,110,133,145 and 146 Cr.P.C. etc.
Tehsildar/ Naib Tehsildar
Tehsildars are appointed by the Financial Commissioner, Revenue and Naib Tehsildars by the Commissioner of the Division. Their Duties within Tehsil /Sub Tehsil are almost similar and manifold. They enjoy the powers of Executive Magistrate, Assistant Collector and Sub Registrar/Joint Sub Registrar. Although there has been a recent move to appoint full fledged Sub-registrar for some of the larger Tehsils. The Revenue Duties of Tehsildar are important. He is the Incharge of tehsil Revenue Agency and is responsible for proper preparation and maintenance of tehsil Revenue Record and Revenue Accounts. He is also responsible for recovery of government dues under the various Acts. He is supposed to have proper control over the working of Patwaris and Kanungos and for this purpose the Tehsildar and Naib Tehsildars make inspection of patwaris and kanungos working under them.
Tehsildars and Naib Tehsildar in fact are called Revenue officers holding separate circles and it is provided in para 242 of land Administration Manual that such allotted circle should be changed every year on October first, so that the responsibility of the Tehsildar for the whole of his charge may not be impaired. In Tehsil and Sub Tehsil, as and when Treasury Officers are not posted, then the tehsildar and Naib Tehsildar works as Treasury Officer in addition to their own duties. Tehsildar also registers the marriages solemnized.
Besides enjoying powers under a few other land laws, they also attest uncontested mutations. Tehsildar is further empowered to hear partition cases and to make allotment/transfer and auction of evacuee properties, land under the Displaced Person (Compensation & Rehabilitation) Act,1954 and Punjab Package Deal properties (Disposal Act 1976) as Managing Officer and Tehsildar Sales respectively .
The Kanungo establishment consists of field kanungo, office kanungo and the District Kanungos. Its strength in each district can only be altered with the sanction of the government.
The field Kanungo should be constantly moving about his circle supervising the work of patwari on the spot, except in the month of September when he stays at the tehsil to check the Jamabandis received from the patwaris. He also disposes of the demarcation applications marked to him by the Circle Revenue Officer. A field Kanungo is also responsible for the conduct and the work of the patwari under his charge and it is his duty to report the work or neglect of duty or misconduct on the part of any patwari.
The office Kanungo is the Tehsildar Revenue clerk and he is the custodian of all the record received from the patwari. The District Kanungo is responsible for the efficiency of both the office and the field Kanungo and should be in camp inspecting their work for at least 15 days in each month from first October to 30th April. He is the keeper of all record received from kanungo patwari, at sadar office.