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Bengal Presidency - Section

Section 15 in Police Regulations, Bengal , 1943

15. Relations between Superintendent and District Magistrate.

(a)The Superintendent is the immediate head of the police force of the district and is responsible for all matters concerning its internal economy and management and for its efficiency and discipline. He is also responsible, subject to the general control of the District Magistrate, for the criminal administration of the district, and for the proper performance by officers subordinate to him of all preventive and executive duties.
(b)The District Magistrate has no authority to interfere in the internal organisation and discipline of the police force, but it is his duty to bring to the notice of the Superintendent all cases in which the conduct and qualifications of a police officer affect the general administration of his district.
(c)The District Magistrate may call for the papers relating to the conduct or character of any police officer of his district and may send them on to the Deputy Inspector-General of the Range for the information of the Inspector-General and Commissioner. He may direct an enquiry to be made into any case of misconduct of a police officer. The Superintendent shall submit to the District Magistrate the papers regarding all serious cases of misconduct and of cases likely to affect the relations of the police with the public.
(d)All orders of the District Magistrate relating to the police except those passed in his judicial capacity, shall be addressed to the Superintendent, or in the event of his absence from headquarters to the officer-in-charge during his absence. The Superintendent, as the local head of the police under the District Magistrate, is bound to carry out his orders except in regard to the internal economy, organisation and discipline of the force, and matters of a purely departmental nature.
(e)Should any difference of opinion on any question relating to the police administration arise between the Superintendent and the District Magistrate, it is the duty of the Superintendent to carry out the Magistrate's instructions. The Magistrate shall in such cases forthwith refer the matter to the Commissioner and the Superintendent shall similarly make a reference to his Deputy Inspector-General. The Commissioner and the Deputy Inspector-General shall consult together and, if possible, arrive at an agreed decision. If they are unable to agree, the matter shall be referred the Provincial Government through the Inspector-General.
(f)The District Magistrate, in the exercise of his power of control, shall abstain from any action likely to weaken the authority of the Superintendent or to deprive him of responsibility. For this reason he shall avoid, as far as possible, the issue of executive orders until he has consulted the Superintendent.
(g)No circular or general order dealing with questions of law or procedure other than purely departmental matters may be issued by a Superintendent until it has been approved by the District Magistrate.