58. Power of Government to authorise Commissioner and certain other officers to exercise powers of District Magistrates and Executive Magistrates under the Code of Criminal Procedure.
(1)The Government may, by notification, and subject to such conditions and limitations as may be specified therein, empower-(a)the Commissioner to exercise and perform in the area under his charge the powers and duties of an Executive Magistrate and of a District Magistrate under such of the provisions of the Code of Criminal Procedure, 1973 as may be specified in the notification;(b)any officer subordinate to the Commissioner, not below the rank of an Assistant Commissioner, to exercise and perform in relation to such areas of the Commissionerate as may be specified in the notification, the powers and duties of an Executive Magistrate under such of the provisions of the said Code as may be specified in the notification.(2)Every officer subordinate to the Commissioner shall, in the exercise and performance of any powers and duties which he is empowered to exercise or perform under clause (b) of Sub-section (1), be subject to the general control of the Commissioner in the same manner and to the same extent as an Executive Magistrate appointed under Section 20 of the said Code would be subject to the general control of the District Magistrate appointed under that Section.(3)The Commissioner or any officer subordinate to him shall not be subject, in the exercise and performance of any powers and duties which he is empowered to exercise and perform under Sub-section (1), to the general control of the District Magistrate appointed under Section 20 of the said Code.(4)The provisions of this Section shall have effect notwithstanding anything contained in the said Code.
