40. Procedure when the office of Superintendent is temporarily vacant, or the Superintendent is prevented from discharging his duties.
(1)In the event of any temporary vacancy occurring in the office of Superintendent of any jail or of the Superintendent being, from any cause, unable to discharge or prevented from discharging the duties of his office, the fact shall forthwith be brought to the notice of the District Magistrate within the limits of which such jail is situated, by either the Superintendent or the next senior officer of such jail.(2)Upon receiving information under clause (1) or otherwise, of any temporary vacancy in the office of Superintendent of any Jail or of the fact that the Superintendent of any jail is from any cause unable to discharge or prevented from discharging the duties of his office, the District Magistrate, within the limits of which such jail is situated, shall-(a)if such Jail is a Central or a Special Jail - either himself assume charge of such jail or place one of the Magistrates subordinate to him in charge thereof pending the filling up of the vacancy or the return to duty of the Superintendent, and shall report that he has done so, and the circumstances rendering such course necessary, without delay, to the Inspector-General;(b)if such jail is a District Jail - make such arrangements as he may think fit for carrying on the duties, of the Superintendent, until the vacancy is filled up or the Superintendent returns to duty:Provided that in making such arrangements he shall do so either by himself taking charge of such jail, or placing a Magistrate subordinate to him incharge thereof.
