The Delhi Police Act ,1978
Delhi · state statute
Open in Lexace · Ask the AI about this act1 THE DELHI POLICE ACT, 1978 ______ ARRANGEMENT OF SECTIONS _______ CHAPTER I PRELIMINARY SECTIONS 1. Short title, extent and commencement. 2. Definitions. CHAPTER II ORGANISATION, SUPERINTENDENCE AND CONTROL OF THE POLICE FORCE 3. One police force for the whole of Delhi. 4. Superintendence of police force to vest in the Administrator. 5. Constitution of police force. 6. Commissioner of Police. 7. Additional Commissioner of Police. 8. Deputy, Additional Deputy and Assistant Commissioners of Police. 9. Appointment of Principals of Police training institutions. 10. Constitution of police districts, sub-divisions and police stations. 11. Officers in charge of police districts, police sub-divisions and police stations. 12. Appointment of subordinate ranks. 13. Certificate of appointment. 14. Effect of suspension of police officer. 15. General powers of Commissioner of Police. 16. Power of Commissioner of Police to investigate and regulate matters of police accounts. 17. Special police officers. 18. Additional police officers. CHAPTER III REGULATION, CONTROL AND DISCIPLINE OF THE DELHI POLICE 19. Framing of regulations for administration of the police. 20. Commissioner of Police may call for returns. 21. Powers of punishment. 22. Procedure for awarding punishments. 23. Appeal from orders of punishment. 24. Police officers to be deemed to be always on duty and to be liable to employment in any part of Delhi. 25. Circumstances under which police officer of subordinate rank may resign. 2 SECTIONS 26. Certificate, arms, etc., to be delivered by person ceasing to be a police officer. 27. Occupation of, and liability to vacate, premises provided for police officers. CHAPTER IV POLICE REGULATIONS 28. Power to make regulations for regulating traffic and for preservation of order in public places, etc. 29. Power to give directions to the public. 30. Power to prohibit certain acts for prevention of disorder. 31. Police to provide against disorder, etc., at places of public amusement or public assembly or meeting. 32. Power to prohibit, etc., continuance of music, sound or noise. 33. Issue of order of prevention of riot, etc. 34. Maintenance of order at religious or ceremonial display, etc. 35. Commissioner of Police may take special measures to prevent outbreak of epidemic disease at fairs, etc. 36. Power to reserve street or other public place for public purpose and power to authorise erecting of barriers in streets. 37. Power to make regulations prohibiting disposal of the dead except at places set apart. CHAPTER V SPECIAL MEASURES FOR MAINTENANCE OF PUBLIC ORDER AND SECURITY OF STATE 38. Employment of additional police to keep peace. 39. Employment of additional police in cases of special danger to public peace. 40. Employment of additional police at large work and when apprehension regarding behaviour of employees exists. 41. Compensation for injury caused by unlawful assembly how recoverable. 42. Dispute in regard to cost of deputing additional police or compensation under section 41. 43. Recovery of amount payable under section 38, 39, 40 or 41. 44. Collector to award compensation. 45. Recovery of amounts payable under sections 39 and 41. 46. Dispersal of gangs and bodies of persons. 47. Removal of persons about to commit offences. 48. Removal of persons convicted of certain offences. 49. Period of operation of orders under section 46, 47 or 48. 50. Hearing to be given before order under section 46, 47 or 48 is passed. 51. Appeal against orders under section 46, 47 or 48. 52. Finality of order in certain cases. 53. Procedure on failure of person to leave the area and his entry therein after removal. 3 SECTIONS 54. Temporary permission to enter and consequences of non -observance of c onditions of such permission. 55. Taking measurements and photographs, etc., of persons against whom an order under section 46, 47 or 48 is made. 56. Resistance to the taking of measurements, etc. 57. Banning of use of dress, etc., resembling uniform of armed forces. 58. Constitution of Defence Societies. CHAPTER VI EXECUTIVE DUTIES AND POWERS OF POLICE OFFICERS 59. Duty of police officer to enforce provisions of the Act. 60. Other duties of a police officer. 61. Power to enter places of public resort. 62. Power to search suspected persons in street, etc. 63. Emergency duties of police. 64. Superior police officer may himself perform duties imposed on a subordinate officer. 65. Persons bound to comply with the reasonable directions of police officer. CHAPTER VII POWERS IN RELATION TO UNCLAIMED PROPERTY 66. Police to take charge of unclaimed property. 67. Procedure for disposal of property taken charge of under section 66. 68. Delivery of property to person entitled. 69. In default of claim, property to be at disposal of Government. CHAPTER VIII SPECIAL PROVISIONS RELATING TO EXERCISE OF POWERS UNDER THE CODE OF CRIMINAL PROCEDURE, 1973 70. Power of Central Government to authorise Commissioner of Police and certain other officers to exercise powers of District Magistrates and Executive Magistrates under the Code of Criminal Procedure, 1973. 71. Notifications under section 70 to be laid before Parliament. 72. References to Judicial Magistrate of the first class in sections 108, 109 and 110 of the Code of Criminal Procedure, 1973 not to be construed as references to an Executive Magistrate. CHAPTER IX SPECIAL POWERS UNDER THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960 73. Powers with regard to offences under Act 59 of 1960. 74. Powers of Metropolitan Magistrate to return animal to person from whose possession it was taken. 75. Veterinary officer to examine the animal. 76. Animal to be dealt with under Act 59 of 1960. 4 SECTIONS 77. Power of police officer to unsaddle animal or to unload it. 78. Arrest without warrant in case of certain offences under Act 59 of 1960. 79. Provisions of Chapter to be in addition to the provisions of Act 59 of 1960. CHAPTER X OFFENCES AND PUNISHMENTS 80. Disregarding the rules of the road. 81. Causing obstruction or mischief by animal. 82. Exposing animal for hire, sale, etc. 83. Causing any obstruction in a street. 84. Obstructing a footway. 85. Causing obstruction and annoyance by performances, etc. 86. Doing offensive acts in or near a street or public place. 87. Letting loose horse, etc., and suffering ferocious dogs to be at large. 88. Bathing or washing in places not set apart for those purposes. 89. Defiling water in public wells, etc. 90. Obstructing bathers. 91. Behaving indecently in public. 92. Obstructing or annoying passengers in the street. 93. Misbehaviour with intent to provoke a breach of the peace. 94. Prohibition against flying kites, etc. 95. Committing nuisance in or near street, etc. 96. Disregard of notice in public building. 97. Penalties for offences under sections 80 to 96. 98. Penalty for failure to keep in confinement cattle, etc. 99. Punishment for cruelty to animals. 100. Wilful trespass. 101. False alarm of fire or damage to fire alarm. 102. Being found under suspicious circumstances between sunset and sunrise. 103. Possession of property of which no satisfactory account can be given. 104. Omission by pawn -brokers, etc. , to report to police possession or tender of p roperty suspected to be stolen. 105. Melting, etc., of property referred to in section 104. 106. Taking pledge from child. 107. Suffering disorderly conduct at places of public amusement, etc. 108. Cheating at games and gambling in street. 109. Penalty for disobedience to order under section 27. 110. Penalty for contravening regulations, etc., under section 28. 5 SECTIONS 111. Liability of licensee of place of public amusement or entertainment for acts of servants. 112. Penalty for not obtaining licence in respect of place of public entertainment or certificate of registration in respect of eating house or for not renewing such licence or certificate within prescribed period. 113. Penalties for contravention of orders, etc., under sections 29, 30, 31, 32, 33 and 34. 114. Penalty for contravention of regulations, etc., made under sections 35, 36 and 37. 115. Penalty for contravention of directions under section 46, 47 or 48. 116. Penalty for entering without permission area from which a person is directed to remove himself or overstaying when permitted to return temporarily. 117. Penalty for contravention of orders under section 57. 118. Penalty for opposing or not complying with direction given under clause ( b) of sub-section (1) of section 59. 119. Penalty for contravening directions under section 65. 120. Dangerous performances. 121. Neglect or refusal to serve as special police officer. 122. Penalty for making false statement, etc., and for misconduct of police officers. 123. Penalty for failure to deliver up certificate of appointment or other article. 124. Vexatious entry, search, arrest, etc., by police officer. 125. Penalty for vexatious delay in forwarding a person arrested. 126. Penalty for unauthorised use of police uniforms. 127. Power to make regulations regarding carrying weapons without authority. 128. Prosecution for certain offences against this Act to be in the discretion of Delhi police. 129. Summary disposal of certain cases. 130. Prosecution for offences under other enactments not affected. 131. Offences by companies. CHAPTER XI MISCELLANEOUS 132. Disposal of fees, rewards, etc. 133. Method of proving orders and notifications. 134. Rules, regulations or orders not invalidated by defect of form or irregularity in procedure. 135. Presumption in prosecutions for contravention of order made under section 46, 47 or 48. 136. Officers holding charges of, or succeeding to, vacancies competent to exercise powers. 137. Forfeiture of bond entered into by person under sub-section (1) of section 54. 138. No police officer to be liable to penalty or damage for act done in good faith in pursuance of duty. 139. No public servant liable as aforesaid for giving effect in good faith to any rule, regulation, order or direction issued with apparent authority. 140. Bar to suits and prosecutions. 6 SECTIONS 141. Licences and written permissions to specify conditions, etc., and to be signed. 142. Public notices how to be given. 143. Consent, etc., of a competent authority may be proved by writing under its signature. 144. Signature on notices, etc., may be stamped. 145. Persons interested may seek to annul, reverse or alter any rule or order. 146. Powers of Commissioner of Police under other Acts. 147. Power to make rules. 148. Notification of rules and regulations in the Official Gazette and laying of rules and regulations. 149. Cesser of operation of certain enactments and savings. 150. Police force functioning in Delhi immediately before the commencement of this Act to be deemed to be police force constituted under this Act. 151. Power to remove difficulties. 152. Repeal and saving. SCHEDULE I SCHEDULE II SCHEDULE III 7 THE DELHI POLICE ACT, 1978 ACT NO. 34 OF 1978 [27th August, 1978.] An Act to amend and consolidate the law relating to the regulation of the police in the Union territory of Delhi. BE it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows:— CHAPTER I PRELIMINARY 1. Short title, extent and commencement.—(1) This Act may be called the Delhi Police Act, 1978. (2) It extends to the whole of the Union territory of Delhi. (3) It shall be deemed to have come into force on the 1st day of July, 1978. 2. Definitions.—In this Act, unless the context otherwise requires,— (a) “Administrator” means the Administrator of Delhi appointed under article 239 of the Constitution; (b) “cattle” includes elephants, camels, horses, asses, mules, sheep, goats and swine; (c) “competent authority”, when used with reference to the exercise of a ny power or discharge of any duty under the provisions of this Act, means the Commissioner of Police appointed under section 6 or any other police officer specially empowered in that behalf by the Central Government; (d) “constable” means a police officer of the lowest grade; (e) “Corporation” means the Municipal Corporation of Delhi constituted under the Delhi Municipal Corporation Act, 1957 (66 of 1957); (f) “Delhi” means the Union territory of Delhi; (g) “Delhi police” or “police force” means the police force referred to in section 3 and includes— (i) all persons appointed as special police officers under sub -section ( 1) of section 17 and additional police officers appointed under section 18; and (ii) all other persons, by whatever name known, who exercise any police function in any part of Delhi; (h) “eating house” means any place to which the public are admitted and where any kind of food or drink is supplied for consumption on the premises by any person owning, or having any interest in, or managing, such place and includes— (i) a refreshment room, boarding house or coffee house, or (ii) a shop where any kind of food or drink is supplied to the public for consumption in or near such shop, but does not include a place of public entertainment; (i) “municipality” means the New Delhi Municipal Committee, the Cantonment Board or any other municipal body, other than the Corporation, established by or under any law for the time being in force in or in any part of Delhi; (j) “place” includes— (i) any building, tent, booth or other erection, whether permanent or temporary; and 8 (ii) any area, whether enclosed or open; (k) “place of public amusement” means any place where music, singing, dancing or game or any other amusement, diversion, or recreation or the means of carrying on the same is provided, to which the public are admitted either on payment of money or with the intention that money may be collected from those admitted and includes a race course , circus, theatre, music hall, billiard or bagatelle room, gymnasium, fencing school, swimming pool or dancing hall; (l) “place of public entertainment ” means a lodging house, boarding and lodging house or residential hostel and includes any eating house o r other place in which any kind of liquor or intoxicating drug is supplied (such as a tavern or a shop where beer, spirit, arrack, toddy, ganja, bhang or opium is supplied) to the public for consumption in or near such place; (m) “police officer” means any member of the Delhi police; (n) “prescribed” means prescribed by rules; (o) “public place” means any place to which the public have access, whether as of right or not, and includes— (i) a public building and monument and precincts thereof; and (ii) any place accessible to the public for drawing water, washing or bathing or for purposes of recreation; (p) “regulations” means regulations made under this Act; (q) “rules” means rules made under this Act; (r) “street” includes any highway, bridge, way over a causeway, viaduct or arch or any road, lane, footway, square, court, alley or passage accessible to the public, whether or not it is a thoroughfare; (s) “subordinate ranks ” means members of the police force of and below the rank of the Inspector; (t) “vehicle” means any carriage, cart, van, dray , truck, handcart or other conveyance of any description and includes a bicycle, tricycle, a rickshaw, a motor vehicle, a vessel or an aeroplane. CHAPTER II ORGANISATION, SUPERINTENDENCE AND CONTROL OF THE POLICE FORCE 3. One police force for the whole of Delhi .—There shall be one police force for the whole of Delhi and all officers and subordinate ranks of the police force shall be liable for posting to any branch of the force including the Delhi Armed Police. 4. Superintendence of police force to vest in the Administrator .—The superintendence of the Delhi p olice throughout Delhi shall vest in, and be exercisable by the Administrator and any control, direction or supervision exercisable by any officer over any member of the police force shall be exercisable subject to such superintendence. 5. Constitution of police force.—Subject to the provisions of this Act,— (a) the Delhi police shall consist of such number in the several ranks and have such organisation and such powers, functions and duties as the Administrator may, by general or special order, determine; and (b) the recruitment to, and the pay, allowances and all other conditions of servic e of the members of, the Delhi police shall be such as may be prescribed: Provided that nothing in clause ( b) shall apply to the recruitment to, and the pay, allowances and other conditions of service of the members of the Indian Police Service or the Delhi, Andaman and Nicobar Islands Police Service. 9 6. Commissioner of Police .—For the direction and supervision of the police force in Delhi, the Administrator shall appoint a Commissio ner of Police who shall exercise and perform such powers and duties and perform such functions as are specified by or under this Act. 7. Additional Commissioner of Police.—(1) The Administrator may appoint one or more Additional Commissioners of Police for the purposes of this Act. (2) The Additional Commissioner of Police shall— (a) assist the Commissioner of Police in the exercise of his powers and the performance of his duties in such manner and to such extent, and (b) exercise such powers and perform such duties of the Commissioner of Police and within such local limits, as the Administrator may, by general or special order, specify. 8. Deputy, Additional Deputy and Assistant Commissioners of Police .—(1) The Administrator may a ppoint one or more Deputy Commissioners of Police or Additional Deputy Commissioners of Police or Assistant Commissioners of Police for the purposes of this Act. (2) Without prejudice to the other provisions of this Act and subject to any general or specia l orders made by the Administrator in this behalf, every Deputy Commissioner of Police or Additional Deputy Commissioner of Police or Assistant Commissioner of Police shall, under the orders of the Commissioner of Police, exercise such of the powers (excep t the power to make regulations) and perform such of the duties of the Commissioner of Police and within such local limits as may be specified in such orders. 9. Appointment of Principals of P olice training institutions .—(1) ( a) The Administrator shall appoint a police officer not below the rank of a Deputy Commissioner of Police to be the Principal of the Police Training School for Delhi. (b) The Commissioner of Police may by general or special order assign to the Principal of the Police Training School such powers and duties as he may deem fit for the proper functioning of that School. (2) ( a) The Administrator may establish a Police Training College for Delhi and appoint a police officer of appropriate rank to be the Principal of such College. (b) The Commissioner of Police may by general or special order assign to the Principal of the Police Training College such powers and duties as he may deem fit for the proper administration of that College. 10. Constitution of police districts, sub -divisions and p olice stations.—Subject to the control of the Administrator, the Commissioner of Police shall— (a) constitute police districts within Delhi; (b) divide such police districts into police sub-divisions and specify the police stations comprised in each such sub-division; and (c) define the limits and extent of such police districts, police sub-divisions and police stations. 11. Officers in charge of police districts, police sub -divisions and police stations .—(1) Each police district shall be under the charge of a Deputy Commissioner of Police who may be assisted in the discharge of his duties by one or more Additional Deputy Commissioners of Police. (2) Each police sub-division shall be under the charge of an Assistant Commissioner of Police and each police station shall be under the charge of an Inspector of Police. 12. Appointment of subordinate ranks.—Subject to such general or special orders in writing as the Administrator may make in this behalf,— (a) Inspectors of Police may be appointed by the Additional Commissioner of Police; and (b) Sub -Inspectors of Police and other officers of subordinate rank may be appointed by the Deputy Commissioners of Police, Additional Deputy Commissioners of Police, Principal of the Police Training College or of the Police Training School, or any other police officer of equivalent rank. 10 13. Certificate of appointment.—(1) Every police officer of the rank of Inspector and below shall on enrolment receive a certificate of appointment. (2) The certificate shall be issued under the seal of such officer, and shall be in such form, as the Administrator may, by general or special order, specify. (3) A certificate of appointment shall become null and void when the person named therein ceases to belong to the Delhi police or shall remain inoperative during the period such person is suspended from the Delhi police. 14. Effect of suspension of police officer .—The powers, functions an d privileges vested in a police officer shall remain suspended while such police officer is under suspension from office: Provided that notwithstanding such suspension such person shall not cease to be a police officer and shall continue to be subject to t he control of the same authorities to which he would have been subject if he had not been under suspension. 15. General powers of Commissioner of Police .—The Commissioner of Police shall direct and regulate all matters of arms, drill, exercise, observation of persons and events, mutual relations, distribution of duties, study of laws, orders and modes of proceedings and all matters of executive detail or the fulfilment of their duties by the police force under him. 16. Power of Commissioner of Police to investigate and regulate matters of police accounts .— The Commissioner of Police shall have the authority to investigate and regulate all matters of ac count connected with the Delhi police and all persons concerned shall be bound to give him reasonable aid and facilities in conducting such investigations and to conform to his orders consequent thereto. 17. Special police officers .—(1) The Commissioner of Police may , at any time, by a written order, signed by himself and sealed with his own seal, appoint any able bodied male person not less than eighteen years of age, whom he considers fit, to be a special poli ce officer to assist the Delhi p olice on any occasion, when he has reason to apprehend the occurrence of any riot or grave disturbance of the peace in any area and he is of opinion that the ordinary police force is not sufficient for the protection of persons residing, and for the security of property, within such area. (2) The Commissioner of Police shall publish the names of special police officers appo inted under this section in such manner as may be prescribed. (3) Any person objecting to the appointment of any person as such special police officer may send his reasons for such objection to the Commissioner of Police within fifteen days of such appoint ment and the Commissioner may accept such objection and cancel the appointment of such officer or, after giving to the objector an opportunity to be heard, reject the objection. (4) Every special police officer appointed under this section shall, on appointment,— (a) receive a certificate of appointment in such form as may be specified by the Administrator in this behalf; (b) have the same powers, privileges and immunities and perform the same duties and be subject to the same authorities as an ordinary police officer. 18. Additional police officers .—Where additional police officers are required to be deputed under section 38, section 39 or section 40 the Commissioner of Police may appoint such number of additional police officers as he considers necessary and every such additional police officer shall, on appointment,— (a) receive a certificate o f appointment in such form as may be specified by the Administrator in this behalf; (b) have such of the powers, privileges and immunities and perform such of the duties of a police officer as are specifically mentioned in the certificate; and (c) be subject to the same authorities as an ordinary police officer of the same or similar rank or grade. 11 CHAPTER III REGULATION, CONTROL AND DISCIPLINE OF THE DELHI POLICE 19. Framing of regulations for administration of the police .—Subject to the orders of the Administrator, the Commissioner of Police may make regulations not inconsistent with this Act or any other law for the time being in force— (a) regulating the inspection of the police force by his subordinates; (b) determining the description and quantity of arms, accoutrements, clothing and other necessaries to be furnished to the police; (c) prescribing the places of residence of members of the police force; (d) for institution, management and regulation of any police fund fo r any purpose connected with police administration; (e) regulating the distribution, movements and location of the police; (f) assigning duties to police officers of all ranks and grades, and prescribing the manner in which, and the conditions subject to w hich they shall exercise and perform their respective powers and duties; (g) regulating the collection and communication by the police of intelligence and information; (h) generally, for the purpose of rendering the police efficient and preventing abuse or neglect of their duties. 20. Commissioner of Police may call for returns .—The Commissioner of Police may call for such returns, reports and statements on any subject connected with the prevention and detection of crime, the maintenance of order and the pe rformance of the duties of his subordinates as such subordinates may be able to furnish to him. 21. Powers of punishment.—(1) Subject to the provisions of article 311 of the Constitution and the rules, the Commissioner of Police, Additional Commissioner of Police, Deputy Commissioner of Police, Additional Deputy Commissioner of Police, Principal of the Police Training College o r of the Police Training School or any other officer of equivalent rank, may award to any police officer of subordinate rank any of the following punishments, namely:— (a) dismissal; (b) removal from service; (c) reduction in rank; (d) forfeiture of approved service; (e) reduction in pay; (f) withholding of increment; and (g) fine not exceeding one month’s pay. (2) Subject to the rules— (a) any police officer specified in sub -section (1) may award the punishment of censure to any police officer of subordinate rank; (b) the Assistant Commissioner of Police may award the punishment of censure to police officers of, or below, the rank of Sub-Inspectors of Police; (c) any police officer of, and above, the rank of Inspector may award punishment drill not exceeding fifteen days or fatigue duty or any other punitive duty to constables. 12 (3) Nothing in sub -section ( 1) or sub -section ( 2) shall affect any police officer ’s liability for prosecution and punishment for any offence committed by him. (4) The Commis sioner of Police, Additional Commissioner of Police, Deputy Commissioner of Police, Additional Deputy Commissioner of Police, Principal of the Police Training College or of the Police Training School, Assistant Commissioner of Police, or any other police o fficer of equivalent rank may suspend any police officer of subordinate rank who is reasonably suspected to be guilty of misconduct, pending an investigation or enquiry into such misconduct. (5) An Inspector of Police may suspend any police officer below t he rank of Sub-Inspector of Police, who is reasonably suspected to be guilty of misconduct, pending an investigation or enquiry into such misconduct. 22. Procedure for awarding punishments .—When any officer passes an order of awarding a punishment of dismissal, removal from service, reduction in rank, forfeiture of service, reduction in pay, withholding of increments or fine, he shall record such order or cause the same to be recorded together with the reasons therefor, in accordance with the rules. 23. Appeal from orders of punishment.—An appeal against any order of punishment passed against a police officer under section 21 or the rules thereunder [not being an order of punishment under clause (c) of sub-section (2) of that section] shall lie— (a) where the order is passed by the Commissioner of Police, to the Administrator; (b) where the order is passed by an Additional Commissioner of Police, to the Commissioner of Police; (c) where the order is passed by a Deputy Commissioner of Police, Additiona l Deputy Commissioner of Police, Principal of the Police Training College or School, Assistant Commissioner of Police or any other officer of equivalent rank, to the Additional Commissioner of Police. 24. Police officers to be deemed to be always on duty and to be liable to employment in any part of Delhi .—Every police officer not on leave or under suspension shall for all purposes of this Act be deemed to be always on duty and any police officer or any number or body of police officers allocated for duty in any part of Delhi may, if the Commissioner of Police so directs, at any time, be employed on police duty in any other part of Delhi for so long as the services of the police officer or number or body of police officers may be required in such other part of Delhi. 25. Circumstances under which police officer of subordinate rank may resign .—(1) Resignation of any police officer of subordinate rank may be accepted only by the officer empowered to appoint (the officer so empowered to appoint being hereafter in this section referred to as the appointing authority) officers of such subordinate rank. (2) A police officer of subordinate rank who intends to resign from police service shall give to the appointing authority notice in writing to that effect and shall not be permitted to withdraw himself from duty unless he has been granted permission to resign by such authority and two months have elapsed from the date on which he tendered his resignation: Provided that the appointing authority may at his discretion, permit a Head Constable or a constable to withdraw himself from duty on his crediting to the Government two months’ pay in lieu of notice. (3) A Head Constable or a constable who has agreed to serve for any specific period may not be permitted to resign before the expiry of that period. (4) Inspector s, Sub -Inspectors or Assi stant Sub -Inspectors of Police, whose appointments involve training at any Police Trai ning College or Police Training School may not be permitted to resign within three years from the date of their successfully completing the training. (5) No police officer of subordinate rank whose resignation has been accepted by the appointing authority shall be permitted to withdraw from duty until he has fully discharged all debts, due from him as such police officer to Government or to any police fun d and has surrendered his certificate of 13 appointment, arms, accoutrements, uniform and all other Government property in his possession and has also rendered a complete account of all Government money and property for which he is responsible. (6) Notwithsta nding anything contained in this section if any police officer of subordinate rank tenders his resignation on medical grounds and produces a certificate signed by the police surgeon or any other medical officer authorised by the Administrator in this behalf declaring him to be unfit by reason of disease or mental or physical incapacity for further service in the police, the appointing authority shall forthwith permit him to withdraw from duty on his discharging, or giving a satisfactory security for the payment of, any debt due from him as such police officer to Government or to any police fund: Provided that he shall forthwith return the certificate of appointment, arms, accoutrements, uniform and all other Government property in his possession before he is permitted to withdraw from duty. (7) If any such police officer of subordinate rank resigns or withdraws himself from the duties of his office in contravention of this section, he shall be liable on the orders of the appointing authority to forfeit all arrears of pay then due to him in addition to the penalty to which he may be liable under section 22 or any other law for the time being in force. (8) Every such police officer on le aving the service in the Delhi p olice as aforesaid shall be given by the appointing authority a Discharge Certificate in such form as may be prescribed. 26. Certificate, arms, etc., to be delivered by person ceasing to be a police officer .—(1) Every person who for any reason ceases to be a police officer shall forthwith deliver to the officer empowered by the Commissioner of Police, the Additional Commissioner of Police, Deputy Commissioner of Police, Principal of the Police Training College or of the Police Training School, Additional Deputy Commissioner of Police or any other officer of equivalent rank to whom such officer is subordinate, to receive the same, his certificate of appointment and the arms, accoutrements, clothing and other accessories which have been provided to him for the performance of duties and functions conn ected with his office. (2) (a) Any Metropolitan Magistrate and, for special reasons which shall be recorded in writing at the time, the Commissioner of Police, Additional Commissioner of Police, Principal of the Police Training College or of the Police Training School or a Deputy Commissioner, Additional Deputy Commissioner or an Assistant Commissioner of Police may issue a warrant to search for and seize wherever they be found, any certificate, arms, accoutrements, clothing or other accessories not delivered under sub-section (1). (b) Every warrant so issued shall be executed by a police officer or, if the Metropolitan Magistrate or the police officer issuing the warrant so directs, by any other person in the same manner as if it were a warrant for a search issued under the Code of Criminal Procedure, 1973 (2 of 1974). (3) Nothing in this section shall apply in relation to any article which under the orders of the Commissioner of Police has become the property of the person to whom the same was provided. 27. Occupation of, and liability to vacate , premises provided for police officers .—(1) A police officer occupying any premises provided by the Commissioner of Police for his residence shall— (a) occupy the same subject to such terms and conditions as may, by general or special order, be specified by the Commissioner of Police; and (b) notwithstanding anything contained in any law for the time being in force, vacate the same on his ceasing to be a police officer or whenever the Commissioner of Police or any officer authorised by the Administrator in this behalf considers it, for reasons to be recorded in writing, necessary and expedient to require him to do so. (2) If any person who is bound or required under sub-section (1) to vacate any premises fails to do so, the Administrator or the officer authorised in this behalf by the Administrator may order such person to vacate the premises and may direct any police officer with such assistance as may be necessary to enter upon the premises and remove therefrom any person found therein and to take possession of the premises and deliver the same to any person specified in the direction. 14 CHAPTER IV POLICE REGULATIONS 28. Power to make regulations for regulating traffic and for preservation of order in public places, etc.—(1) The Commissioner of Police may, by notification in the Official Gazette, make regulations to provide for all or any of the following matters, namely:— (a) licensing and controlling persons offering themselves for employment, outside railway stations and other places where passengers arrive, for the carriage of passengers’ baggages and fixing and providing for the enforcement of a scale of charges for the labour of such persons so employed; (b) regulating traffic of all kinds in streets and other public places, and the use of streets and other public places by persons riding, driving, cycling, walking or leading or accompanying cattle, so as to prevent danger, obstruction or inconvenience to the public; (c) regulating the conditions under which vehicles may remain standing in streets and other public places, and the use of streets as halting places for vehicles or cattle; (d) specifying the number and position of lights to be used on vehicles in streets and the hours between which such lights should be used; (e) licensing, controlling or prohibiting the erection, exhibition, fixation or retention of any sign, device or representation for the purpose of advertisement, which is visible against the sky from some point in any street and is hoisted or held aloft over any land, building or structure at such height as may be specified in the regulations, having regard to the traffic in the vicinity, and the likelihood of such sign, device or representation at that height being a distraction, or causing obstruction, to such traffic; (f) specifying certain hours of the day during which cattle shall not be driven, or, as the case may be, driven only in accordance with such regulations , along the streets, or along certain specified streets; (g) regulating the leading, driving, conducting or conveying of any elephant or wild or dangerous animal through or in any street; (h) regulating and controlling the manner and mode of conveying timber, scaffold poles, ladders, iron girders, beams or bars, boilers or othe r unwieldy articles through the streets, and the route and hours for such conveyance; (i) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity, prohibiti ng the carrying in streets and public places of gunpowder or any other explosive substance; (j) prohibiting, except along certain specified streets and during specified hours and subject to such conditions as may be specified in that behalf, the exposure o r movement in any street of persons or animals suffering from contagious or infectious diseases, the carcasses of animals or parts of such carcasses or corpses of persons deceased; (k) specifying certain h ours of the day during which ord ure or offensive ma tter or objects shall not be taken from or into houses or buildings in certain streets or conveyed through such streets except in accordance with such regulations; (l) setting apart places for slaughtering animals, the cleaning of carcasses or hides, the d eposit of noxious or offensive matter and for obeying calls of nature; (m) in cases of existing or apprehended epidemic or infectious disease of men or animals, the cleanliness and disinfection of premises by the occupier thereof and residents therein and the segregation and management of the persons or animals diseased or supposed to be diseased, as may have been directed or approved by the Administrator, with a view to prevent the disease or check the spread thereof; 15 (n) directing the closing or disuse, wholly or for certain purposes, or limiting to certain purposes only, the use of any source, supply or receptacle of water and providing against pollution of the same or of the water therein; (o) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity, prohibiting the playing of music, the beating of drums, tom-toms or other instruments and the blowing or sounding of horns or other noisy instruments in or near streets or other public places; (p) regulating the conduct of or behaviour or action of persons constituting assemblies and processions on or along the streets and specifying in the case of processions, the routes by which, the order in which, and the times at which, the same may pass; (q) prohibiting the hanging or placing of any cord or pole across a street or part thereof, or the making of a projection or structure so as to obstruct traffic or the free access of light and air; (r) prohibiting, except i n accordance with such regulations, the placin g of building materials or other articles or the fastening or detention of any horse or other animals in any street or public place; (s) licensing, controlling or, in order to prevent obstruction, inconvenience , annoyance, risk, danger or damage to the residents or passengers in the vicinity, prohibiting— (i) the illumination of streets and public places and the exteriors of building abutting thereon by persons other than servants of Government or Corporation or other Municipal officers duly authorised in that behalf, (ii) the blasting of rock or making excavations in or near streets or public places, (iii) the using of loudspeaker in or near any public place or in any place of public entertainment; (t) closing certain streets or places temporarily, in cases of danger from ruinous buildings or other cause, with such exceptions as shall appear reasonable; (u) guarding against injury to person and property in the construction, repair and demolition of buildings, platforms and other structures from which danger may arise to passengers, neighbours or the public; (v) prohibiting the setting of fire to or burning of any straw or other matter, or lighting a bonfire or wantonly discharging a fire -arm or air-gun, or letting off or throwing a fire work or, sending up a fire balloon or rocket in or upon a street or within fifty feet of a street or building or the puttin g up of any post or other thing on the side of or across a street for the purpose of affixing thereto lamps or other contrivances for illumination except in accordance with regulations in this behalf; (w) regulating the hours during which and the manner in which any place f or the disposal of the dead, any dharmashala, village-gate or other place of public resort may be used, so as to secure the equal and appropriate application of its advantages and accommodation and to maintain orderly conduct amongst those who resort thereto; (x) (i) licensing or controlling places of public amusement or public entertainment; (ii) prohibiting the keeping of places of public amusement or public entertainment or assembly, in order to prevent obstruction, inconvenience, annoy ance, risk, danger or damage to the residents or passengers in the vicinity; and (iii) regulating the means of entrance and exit at places of public amusement or public entertainment or assembly and providing for the maintenance of public order and the pre vention of disturbance thereat; (y) (i) licensing or controlling in the interest of public order, decency or morality or in the interest of the general public (with such exceptions as may be specified in such regulations), musical, dancing, mimetic or theatrical or other performances for public amusement, including melas; 16 (ii) regulating in the interest of public order, decency or morality or in the interest of the general public, the employment of artists and the conduct of the artists and the audience at such performances; (iii) prior scrutiny of such performance and of the scripts in respect thereof, if any, and granting of suitability certificate therefor subject to conditions, if any, by a Board appointed by the Administrator for the purpose, either for the whole of Delhi or for the area concerned or by an Advisory Committee constituted by the Commissioner of Police (the members of the Board or the Advisory Committee being persons who in the opinion of the Administrator or, as the case may be, the Commissioner, possess knowledge of, or experience in, literature, the theatre and other matters relevant to such scrutiny), provision for appeal against the order or decision of the Boa rd or the Advisory Committee to an appellate authority, its appointment or constitution, its procedure and other matters ancillary thereto, and the fees (whether in the form of court -fee stamps or otherwise) to b
Excerpt shown. Open the full act in Lexace.
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