Monthly development meeting for October 2009 on 14th October 2009 at 10.30 am, followed by Administrative Meeting with SDOs/ BDOs at 2.30 pm (post Lunch)

Next monthly development meeting of Sabhapaties - BDOs shall be held on 14th October, 2009 at 10.30 am at Nadia Zilla Parishad Conference hall. AEO ZP has already issued meeting notice. Sabhapaties may be intimated by BDOs please.

This time schemes of P&RD only shall be taken up for review, therefore, the meeting shall be concluded by lunch time. There shall be another meeting with SDOs/ BDOs on administrative matters from 2.30 pm onwards at Collectorate Conference hall. Circular from ADM D follows. All ADMs may fix their agenda for discussion in the meeting.

District level officers are requested to send notes on agenda for both the meetings so that BDOs/ SDOs can come prepared and a fruitful discussion on specific issues only can take place during the meetings. All ADMs may attend the meeting in second half and may also communicate agenda pertaining to the issues they would like to discuss with SDOs/ BDOs. It is better if written notes are circulated to SDOs/ BDOs for effectiveness. If such notes are prepared in advance and emailed to SDOs/ BDOs by 12th October, 2009, they may come prepared. All are requested to do the needful please.

SDOs to expedite identification of lands for ITI, Polytechnic, Model school, SDCs and Colleges - Review meeting at district on 15th October 2009 at 12 noon

General section of this Collectorate has sent several letters to SDOs and land department officials to idenitfy the land for the purpose of setting up new ITI, Polytechnics, SDC, Model schools, girls hostels, Colleges etc as per requirement of the administrative department. List of proposed educational instituitions have been already circulated to them. So far the progress is not very encouraging.

We are getting reports from the Land department officials informing that no Govt land/ vested land is available. It is true also. That does not mean the block or the subdivision should be deprived of the new Educational Institutions.

It is felt that such important proposals must be discussed with local public representatives and seek their support and cooperation in identifying the locations. There might be more than one sites proposed by different public representatives against one Institution. SDOs have coordinating role in all such cases to develop consensus and prepare list in order of priority. Minimum area required in all such cases is 3 acres (5 acres for Polytechnic). If suitable Govt lands are not available, possibility to identify vacant & unused lands of trusts/ societies/ existing schools/ colleges can be explored. But, the land should be made available free of cost and should be transferred in the name of proposed Institution without any conditions. There are such lands lying vacant in some of the blocks in the name of charitable societies, which are no more in existence or active and may be willing to donate the land for Educational Institution for its better utilisation. Such lands, if identified should be free from litigations and any incumberences.

Please take stock of the situation, hold meeting with public represetnatives at Subdivision level and bring the proposals in the district level meeting to be held at Nadia Collectorate on 15th October 2009 at 12 noon. Formal letter from OC Gen follows.

Activate Executive Magistrate Courts - SDOs can hear more cases personally

Recently I had opportunity to interact with the practising lawyers of Krishnagar court, wherein the present status of pendency of court cases and quality of disposal was also came up during discussion. I have also examined some of the case records disposed off by Executive Magistrates in three Subdivisions recently. General observations on the functioning of the Executive Magistrate courts are as follows :-

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  There is practice in all the courts to accept the petitions under 107-116, 133, 144 or 145 CrPC without hearing by the Executive Magistrate personally, not even going through the contents of the petitions filed. As a result of this, petitions which are not maintainable under preventive sections of CrPC are accepted by Executive Magistrates. There should be examination of records related to land/ property if the land dispute is the cause of the apprehension of breach of peace. Only on satisfaction that the petitioner is legitimate owner or claimant of the property/ land under dispute, Executive Magistrate may accept the petition under relevant sections of law. If the claim is not legally maintainable, order of the Executive Magistrate court can be challenged in the court of law and likely to be set aside.
  
  
  
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  Whenever, there is order from civil court regarding the title/ status quo, Executive Magistrate can pass the orders for its compliance if proper copies are filed. But in absence of any document or evidence on support of petitions filed, the case may be rejected on its filing stage itself. No Executive Magistrate should allow the court clerk to file cases on his behalf, unless it is personally heard by him.
  
  
  
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  In most of the cases, a report is sought from police or BLLROs. Thereafter, the case disposal depends upon timely submission of reports. It is also seen that reports of court are not taken seriously by the Police or BLRRO as a result of which justice is not only delayed but denied in most of the cases. Unfortunately, pending reports are not personally pursued by the Executive Magistrate courts. Preventive sections of CrPC are provided for quick and speedy remedy to the public. Delay in disposal due to non availablity of reports or slow disposal by courts frustrates the sole purpose of such  magsiterial powers to us.
  
  
  
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  Deputy Magistrates are otherwise busy with their official assignments, therefore, sometimes can't hold courts as per prescribed schedule. There is also shortage of the Magistrates in some of the Subdivisions. But, there is practice of Executive Magistrates in some of the Subdivisions to hold the court on two days each week due to shortage of officers. It is noted that the dates of cases are assigned by the court clerk as per his convenience without ensuring that all cases filed/ being heard by a particular Executive Magistrates are heard by him only on all subsequent dates. Legally, cases filed/ heard by one Executive Magistrate can't be disposed off by any other Executive Magistrate unless such case is transferred by SDM or DM to another EM.
  
  
  
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  Cases more than six months are still dragged in the Executive Magsiatre courts, though law does not allow this without specific orders.
  
  
  

In above context, may I request SDOs to review the position in their Executive Magistrate courts and take effective steps to improve the performance. SDOs must hold court on atleast one day in a week for two hours for case filing/ hearing of important cases. Cases from overburdened EMs can be transferred to their own file. A line in compliance is expected.