LexThe Gujarat Police Act, 1951.
Gujarat · state statute
Open in Lexace · Ask the AI about this actGOVERNMENT OJ< GUJARAT
LEGISLATIVE AND PARLIAMENTARY AFFAIRS DEPARTMENT
The Gujarat Police Act, 1951
(Bo111bay Act No. XXII of 1951)
(As modified upto the 31
51
ft1arch, 2017)
*
PRINT ED IN INDIA BY THE MANA GER, GovE RNi\IE NT PRES S, VAOOD ARA.
PUBLI SHED BY THE DIRE CTOR, Gov E:RN M ENT PRINTI NG, AND
STATIONERY, GUJARAT STATE, GANDHI NAG AR.
2016
( Price : ;;' 78- 00)
THE GUJARAT POLICE ACT, 1951
CONTENTS.
PREAMBLE.
SECTIONS.
CHAPTER I.
PRELIMINARY.
L
2.
Short title, extent and Commencement
Definitions.
CHAPTER II.
SUPERINTENDENCE, CONTROL AND ORGANISATION OF THE POLICE FORCE.
3. One Police Force for the whole of the State of Gujarat
4. Superintendence of Police Force to vest in the State Government.
5. Constitution of Police Force.
. SA Director General and Inspector General of Police.
SB. Tenure of office of key police functionaries.
6. Inspector General, Additional and Deputy Inspector General.
7. Commissioner.
7 A Separation of Investing wing and law and other wing.
8. Appointment of District, Additional, Assistant and Deputy Superintendents.
PAGE No.
2
2
4
4
4
5
5
6
6
7
7
8A. Appointment of Superintendents for Wireless System and Motor Transport System 8
or for any Specific duty.
9. Appointment of Principals of Police Training Schools.
10. Deputies and Assistants to Commissioner.
11. Superintendents within jurisdiction of Commissioner.
12. Constitution of divisions and sections.
Officers in charge of divisions and sections.
l 2A. Inspectors.
13. [Deleted].
14. Certificate of appointment.
H-2057-(i)
8
8
9
9
9
9
9
9
(JI)
SECTIONS.
Gujarat Police Act, 1951 I 1951 : Born, XXI!
PAGE No.
15. Effect ofsupension of Police Officer. 10
16. General powers of Commissioner and District Superintendent. 10
17. Control of District Magistrate over Police Force in district. 10
18. Power of District Magistrate to require reports from District Superintendent. 10
19. Power of supervision by District Magistrates. 10
20. Power of Inspector General and Commissioner to investigate and regulate matters 11
of police accounts.
21. Special Police Officers.
22. Appointment of Additional Police.
22A. Appointment of Railway Police.
CHAPTER III.
REGULATION CONTROL AND DISCIPLINE OF THE POLICE FORCE.
23. Framing of rules for administration of the Police.
24. Inspector General or Commissioner may call for returns.
25. Punishment of the members of the subordinate ranks of the Police Force
departmentally for neglect of duty, etc.
Punitive powers of Inspector General, Commissioner, Deputy Inspector
General and District Superintendent.
26. Procedure to be observed in awarding punishment.
27. Appeals from orders of punishment.
11
11
11
12
13
13
13
14
14
27 A. Revisional powers of State Government, Inspector General and Deputy Inspector General. 14
28. Police Officers to be deemed to be always on duty and to be liable to employment in 15
any part of the State.
Intimation of proposed transfers to be given by the Inspector General to the
Commissioner and District Magistrate.
29. Under what conditions Police Officer may resign.
Arrears of pay of a Police Officer contravening this section may be forfeited.
15
15
16
30. Certificate, arms, etc. to be delivered up by person ceasing to be a Police Officer and, 16
If not delivered up may be seized under a search warrant.
Saving of certain articles.
31. Occupation of and liability to vacate premises provided for Police Officers.
32. State Government may make order under section 144 of Act V of 1898.
16
16
17
17
1951 : Born. XXII] Gujarat Police Act. 1951
CHAPTER III A
(Ill)
STATE SECURITY COMMISSION, POLICE ESTABLISHMENT BOARD AND POLICE COMPLAINTS AUTHORITY.
SECTIONS.
32A. Establishment and constitution of State security Conunission.
32B. Functions of State security Commission.
32C. Annual Report.
32D. Constitution of Police Establishment Board.
32E. Powers and Functions of Police Establishment Board.
32F Establishment of State Police Complaints Authority.
32G. Powers and Functions of State Police Complaints Authority.
32H. Establishment of District Police Complaints Authority.
32!. Powers and functions of District Police Complaints Authority.
32J. Providing funds to Conunission Board, etc.
CHAPTER.IV.
POLICE REGULATIONS.
PAGE No.
17
18
19
19
19
20
20
20
21
21
33. Power to make rules for regulation of traffic and for preservation of order in public 22
place, etc.
34. Competent authority may authorise erection of barriers on streets. 27
35. Power to make rules prohibiting disposal of the dead except at places set apart. 27
36. Power of Conunissioner or the District Superintendent and of other officers to 28
give direction to the public.
3 7. Power to prohibit certain acts for prevention of disorder. 28
38. Power to prohibit, etc., continuance of music, sound or noise. 29
39. Issue of orders for prevention of riot, etc. 30
Compensation to lawful occupier of building or place closed or taken possession of. 30
Disputes as to compensation to be settled. 30
40. Issue of orders for maintenance of order at religious ceremonials, etc. 30
41. Police to provide against disorder, etc. at places of amusement and public meetings. 31
Police to have free access thereto. 31
42. [Deleted]. 31
43. District Magistrate may take special measures to prevent out-break of epidemic 31
disease at fair, etc.
44. Destruction of stray dogs. 31
45. Destruction of suffering or unfit animals. 32
46. Powers under this Chapter to be exercised by District Superintendent subject to the 33
control of District Magistrate and Commissioner and by District Magistrate subject to
the control of State Government.
(IV)
SECTIONS.
Gujarat Police Act. 1951 [ 1951 : Born. XXII
PAGE NO.
CHAPTERV.
SPECIAL MEASURES FOR MAINTENANCE OF PUBLIC ORDER AND SAFETY OF STATE
I. Employment of additional Police, recovery of cost thereof and of riot compensation
its assessment and recovery
47. Employment of additional Police on application of a person.
48. Employment of additional Police at large works and when apprehension regarding
behaviour of employees exists.
49. Recovery of cost of additional Police employed under sections 47 and 48.
50. Employment of additional Police in cases of special danger to public peace.
51. Compensation for injury caused by unlawful assembly, how recoverable. Date to be
fixed for liability.
52. District Magistrate to award or apportion compensation.
53. District Magistrate to discharge functions under order of State Government.
54. Proportionate recovery of the cost of additional Police and compensation for loss caused
by unlawful assembly.
II. Dispersal of gangs and Removal of persons convicted of certain offences.
33
33
34
34
35
37
38
38
55. Dispersal of gangs and bodies of persons. 39
56. Removal of persons about to commit offence. 39
57. Removal of persons convicted of certain offences. 40
58. Period of operation of orders under sections 55, 56 and 57. 41
59. Hearing to be given before order under section 55, 56 or 57 is passed. 41
60. Appeal. 41
61. Finality or orders passed by State Government in certain cases. 42
62. Procedure on failure of person to leave the area and his entry therein after removal. 42
63. Temporary permission to enter or return to the area from which a person was directed 43
to remove himself.
63AA. Powers of extemment of State Government and officers specially empowered.
III. Control of camps, etc. and uniforms.
63A Control of camps, parades, etc. and banning use of uniforms, etc.
IV. Village Defence Parties.
63B. Constitution of village defence parties.
43
43
44
'
1951: Born. XXII]
SECTIONS
Gujarat Police Act, 1951
CHAPTER VI.
EXECUTIVE POWERS AND DUTIES OF THE POLICE.
64. Duties of a Police officer.
65. Power to enter places of public resort.
Power to search suspected persons in a street.
66. Duties of Police officers towards the public.
67. Police to regulate traffic, etc. in streets.
68. Persons bound to confirm to reasonable orders of Police.
69. Power to police officer to restrain, remove, etc.
70. Enforcement of orders issued under sectioos 37, 38 or 39.
71. Duty of Police to see orders issued under sections 43, 55, 56, 57 or 63AAare
carried out.
72. When Police officer may arrest without warrant.
73. When Police may arrest without a warrant.
(V)
PAGE No.
45
46
46
46
46
47
47
47
47
47
47
73A. Extension of section 6B of Act XI of 1890 as in force in Pre-Reorganisation State to 48
rest of the State for the purposes of sections 74 to 77.
74. Powers with regard to offences under Act XI of 1890 and corresponding laws. 48
75. Power of Magistrate to return animal to person from whose possession it was taken. 49
76. Veterinary officer to examine the animal. 49
77. Animal to be dealt with under Act XI of 1890. 49
78. Power of Police officer to unsaddle the animal or unload. 49
79. Power of Police to arrest without warrant when certain offences committed in his 49
presence.
80. Other powers of arrest. 49
81. Refusal to obey warning or to accompany Police. 50
82. Police to take charge of unclaimed property. 50
83. Intestate property over four hundred rupees in value. 50
84. Intestate property over four hundred rupees in value. 50
85. Procedure in other cases. 51
Power to sell perishable property at once. 51
86. Delivery of property to person entitled. 51
Power to take security. 51
H-2057-(ii)
(VI)
SECTIONS
Gujarat Police Act, 1951 [ 1951 : Born. XXII
PAGE No.
87, In default of claim, property to be at disposal of State Government. 51
88. Procedure not affected by Indian Succession Act, or Administrator General's Act or 52
Regulation VIII of 1827 or corresponding law.
89. Police officer may take charge of stray cattle. 52
90. Power to establish cattle-pounds and appoint pound-keepers. 52
90A. Penalty for allowing cattle to stray in street or to trespass upon private or public 52
property.
91. Impounding of cattle. 53
92. Delivery of cattle claimed. 53
93. Sale of cattle not claimed. 53
94. Rate to be fixed by notification. 53
95. Powers as to inspection, search and seizure of false weights and measures.· 54
96. Procedure to be followed by officers and Magistrates in certain cases. 54
97. A Superior Police Officer may himself perform duties imposed on his inferior, etc. 55
98. Emergency duties of Police. 55
CHAPTER VII.
OFFENCES AND PUNISHMENTS.
99. Disregarding the rule of the road.
Leaving cattle, etc., insufficiently tended.
100. Causing obstruction or mischief by animal.
101. Exposing animal for hire or sale, etc.
102. Causing any obstruction in a street.
103. Obstructing a footway.
104. Exhibiting mimetic, musical or other performances, etc.
105. Doing offensive acts on or near street or public place.
106. Letting loose, horse, etc., and suffering ferocious dogs to be at large.
I 07. Bathing or washing in places not set apart for those purposes.
108. Defiling water in public wells, etc.
I 09. Obstructing bathers.
55
55
55
56
56
56
56
56
56
56
56
57
1951: Born. XXII] Gujarat Police Act, 1951 (VII)
SECTIONS. PAGE No.
110. Behaving indecently in public. 57
111. Obstructing or annoying passnegers in the street. 57
112. Misbehaviour with intent to provoke a breach of the peace. 57
113. Prohibition against flying kite. 57
114. [Deleted}. 57
ll5. Committing nuisance in or near street, etc. 57
116. Disregard of notice in public building. 57
117. Penalties for offenders under sections 99 to 116. 57
118. Penalty for failure to keep in confinement cattle, etc. 57
119. Punishment for cruelty to animals. 58
120. Wilful trespass. 58
121. False alarm of fire or damage to fire-alarm. 59
122. Being fonnd under suspicious circumstances between sunset and snnrise. 59
123. Carrying weapon without authority. 59
124. Possession of property of which no satisfactory account can be given. 59
125. Taking spirits into public hospital, or into barracks or on boards of vessels of war. 59
126. Omission by pawn-brokers, etc. to report to public possession or tender of property 60
suspected to be stolen.
127. Melting, etc. of such property. 60
128. Taking pledge from child. 60
129. Permission of discorderly conduct at places of public amusement, etc. 60
130. Cheating at games. 61
l 30A.Gambling in street. 61
131. Penalty for contravening rules, etc. under section 3 3. 61
131AA. Liability of licensee of place of public entertainment for acts of servants. 61
131 A. Penalty for not obtaining licence or for not renewing licence within specified period 62
in respect of place of public entertainment or for not obtaining certificate of
registration in respect of eating house.
(Vlll)
SECTIONS.
Gujarat Police Act. 1951
132. Penalty for disobedience to order under section 31.
133. Penalty for contravening of rules, etc. under section 35.
134. Penalty for contravention of rule, etc. under section 36.
135. Penalty for contravention of rules or directions under sections 37, 39 or 40.
136. Penalty for contraventing rules, etc. made under section 38.
137. Penalty for contra venting rules, etc. made under section 4 I.
138. [Deleted].
139. Penalty for contravention of a regulation made under section 43.
140. Penalty for contraventing directions under section 68.
141. Penalty for contravention of directions under section 55, 56, 57 or 63 AA.
( 1951 : Born. XXII
PAGE No.
62
62
62
62
63
63
63
63
63
63
142. Penalty for entering without permission area from which a person is directed to 63
remove himself or outstaying when permitted to return temporarily.
143. Penalty for failure to surrender in accordance with sub-section (3) of section 63. 64
I 43A.Penalty for contravention of orders under section 63 A. 64
143B.Dangerous performances. 64
144. Neglect or refusal to serve as Special Police Officer. 64
145. Penalty for making false statement, etc. and for misconduct of Police Officers. 64
Consequence of failure to return to duty after leave. 65
146. Penalty for failure to deliver up certificate of appointment or of office or other article. 65
147. Vexations entry, search, arrest, etc. by Police Officer. 65
148. Penalty for vexations delay in forwarding a person arrested. 65
149. Penalty for opposing or not complying with direction given under section 70. 65
149A.Penalty for unauthorised use of police uniform. 65
150. Jurisdiction when offender is a Police Officer above the rank of constable. 66
151. Prosecution for certain offences against the Act to be in the discretion of the Police. 66
151 A. Summary disposal of certain cases. 66
152. Prosecution for offences under other enactments not affected. 66
1951 : Born. XXII)
SECTIONS.
153. Disposal of fees, rewards etc.
Gujarat Police Act, 1951
CHAPTER VIII.
MISCELLANEOUS.
154. No Municipal or other rates to be payable by State Government on police buildings.
155. Method of proving orders and notifications.
(IX)
PAGE No.
66
66
66
156. Rules and orders not invalidated by defect of form or irregularity in procedure. 67
157. Presumption in prosecutions for contravention of directions issued under section 67
55, 56, 57 or 63 AA.
157A.Officers holding charge of, or succeeding to vacancies competent to exercise powers. 67
158. Forfeiture of bond entered into by person permitted to enter or return to the area 67
from which he was directed to remove himself.
159. No Magistrate or Police officer to be liable to penalty or damage for act done 67
in good faith in pursuance of duty.
160. No public servant liable as aforesaid for giving effect in good faith to any rule, order 68
or direction issued with apparent authority.
161. Suits or prosecutions in respect of acts done under colour of duty as aforesaid not to 68
be entertained or to be dimissed if not instituted within one year.
In suits as aforesaid one month's notice of suit to be given with sufficient 68
description of wrong complained of.
Plaint to set forth service of notice and tender of amends. 68
162. Licences and written pennission to specify conditions to, and to be signed. 68
Revocation of licences etc. 68
When licence revoked etc. granted to be deemed without licence. 68
Grantee to produce licence etc., when required. 69
163. Public notices how to be given. 69
164. Consent etc. of a competent authority may be proved by writing under his signature. 69
165. Signature or notices etc. may be stamped.
166. Persons interested may apply to State Government to annual, reverse or alter any rule 69
or order.
When a suit shall lie to the District Court to declare a rule or order unlawful. 69
167. Repeal and saving. 70
168. Saving of!aws relating to Village Police and Reserve Police.
SCHEDULE-I.
SCHEDULE-II.
SCHEDULE-III.
SCHEDULE-IV.
71
71
72
72
73
1951: Born. XXII) Gujarat Police Act, 1951
H-2057-(l)
BOMBAY ACT NO. XXII OF 195l1
[THE '[GUJARAT] POLICE ACT, 1951]*
[llth June 1951.]
Amended by Born. 21 of 1952.
" " " 18 of 1953.
" " " 20 of 1953.
" " " 21 of 1954.
" " " 28 of 1954.
" " " 57 of 1954.
" " " 6 of 1955.
" " " 1 of 1956.
Adapted and modified by the Bombay Adaptation of Laws (State and Con
current Subjects) Order, 1956.
Amended by Born. 8 of 1958.
" " " 34 of 1959.
" " " 37 of 1959.
" " " 56 of 1959.
" " " 10 of 1960.
" ,, " 22 of 1960.
Adapted and modified by the Gujarat Adaptation of Laws (State and Con
current Subjects) Order, 1960.
Amended by Guj. 30 of 1962. Amended by Guj. 5 of 1989.
" " " 4 of 1964. " " " 8 of 2006.
" " " 15 of 1964. " " " 23 of 2007.
" " " 26 of 1972. " " " 15 of 2011.
" " " 16 of 1978.
" " " 8 of 1980.
An Act to consolidate and amend the Law for the regulation of the Police
Force in the State of Gujarat
WHEREAS it is expedient to amalgamate the District and Greater Bombay
Police Forces 3 [ and the Police Forces of the Saurashtra, Kutch and Hyderabad areas,
and of the Vidarbha regions, of] the State of Bombay into one common Police Force
and to introduce uniform methods regarding the working and control of the said
Force throuthout the State; And whereas it is necessary to consolidate and amend
the law relating to the regulation of the said Force and the exercise of powers and
performance of functions by the State Government and by the members of the said
Force for the maintenance of public order; And whereas it is necessary to provide
for certain other purposes hereinafter appearing it is hereby enacted as follows :-
1. For Statement of Object and Reasons, See Bon1bay Government Gazette, 1950, Part V, Page 324; for
Reports of the Select Committee, See ibid., 1951, Part V, pages 34-88.
2. This v.1ord was deemed to have been substituted on 1st May, 1960 for the word "Bombay" by Guj. 15
of2011, s.3, Sch., Sr. No. 39.
3. These \vords were substituted for the \Vords "in the State of Bombay" by Born. 34of1954, s. 3.
This Act \Vas extended to that part of the State of Bombay to \Vhich im1nediately Before the
commencement of Born. 34 of 1959, it did not extend (Vide Bom. 34 of 1959, s. 2).
2 Gujarat Police Act, 1951 i 1951 : Born. XXII
CHAPTER-I
PRELIMINARY
Short title,
extent and
commencement.
1. (J) This Act may be called the '[Gujarat] Police Act, 1951.
2((2) It extends to the whole of the State of 3(Gujarat].]
4((3) It shall come into force 5(in the Pre-Re-organisationState of Bombay]
on such date as the State Government may, by notification in the Official Gazette,
6 [ specify in this behalf; and in that part of the State to which it is extended by the
Bombay Police (Extension and Amendment) Act, 1959, it shall come into force on
such other date as that Government may by like notification specify].] Born.
Definitions. 2. In this Act, unless there is anything repugnant in the subject or context,- ~~
(J) "cattle" includes elephants, camels, horses, asses, mules sheep, goats and
swine;
(2) "Corporation" means a Corporation constituted under 7 [ *
*] the Bombay Provincial Municipal Corporation Act 1949, 8[* * *
*
*
*
* Bom.LIX
*]; of 1949.
(3) the expression "competent authority" when used with reference to the
exercise of performance of any power, duty or function under the provisions of this
Act, means-
( a) in relation to 9(any area] for which a Commissioner of Police is
appointed under section 7, the Commissioner;
(b) in relation to the areas other than those referred to in clause (a) the
District Magistrate or the District Superintendent or the Additional Superintendent
when specially empowered in that behalf by the State Government;
( 4) "constable" means a police officer of the lowest grade '°[and includes a
Lok Rakshak];
( 5) "District" means a territorial division constitution a district for the purposes
of the Code of Criminal Procedure, 1898, but does not include 11 (any area for which
a Commissioner of Police has been appointed under section 7];
12[(5A) "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 an interest in or managing such place and includes a
refreshment room, coffee-house or 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. This \Vord was deemed to have been substituted on 1st May, 1960 for the \VOrd "Bombay" by Guj. 15
of2011, s. 3, Sch., Sr. No. 39.
2. This sub-section \Vas substituted for the original by Born. 34of1959, s. 4(1).
3. This v.1ord \vas substituted for the word "Bombay" by the Gujarat Adaptation of Laws (State and
Concurrent Subjects) Order, 1960.
4. Sub-section (3) shall remain unmodified, ibid.
5. These words were inserted by Born. 34 of 1959, s. 4 (2).
6. These \vords \Vere substituted for the words "specify in this behalf', ibid., s 4 (2).
7. The words "the Bombay Municipal Corporation Act, or" \Vere deleted by the Gujarat Adaptation of
La\vs (State and Concurrent Subjects) Order, 1960.
8. The words "or the City of Nagpur Corporation Act, 1948" were deleted, ibid.
9. These words \Vere substituted for the words. "Greater Bombay, and other areas," ibid.
10. These words were and were always to have been added by Guj. 8 of 2006, s. (2)(1 ).
11. This portion \Vas substituted for the words "Greater Bombay" by Born. 56 of 1959, s. 3, Schedule.
12. Clause (SA) \Vhich \Vas deleted by the Gujarat Adaptation of La\vs (State and Concurrent Subjects)
Order, 1960 was inserted by Guj. 5of1989, s. 2(1).
1951 : Born. XXII) Gujarat Police Act, 1951
(6) "Inspector General", "Additional Inspector General", "Commissioner"
"Deputy Inspector General", "Deputy Commissioner", "Assistant Commissioner"
"District Superintendent", "Additional Superintendent", "Assistant Superintendent"
and "Deputy Superintendent" means respectively the Inspector General of Police,
the Additional Inspector General of Police, a Commissioner of Police including
an Additional Commissioner of Police, a Deputy Inspector General Police, a Deputy
Commissioner of Police and Assistant Commissioner of Police, a District Superintendent
of Police 1 [including a Superintendent of Police appointed under section 8A or 22A ],
an Additional Superintendent of Police, an Assistant Superintendent of Police and a
Deputy Superintendent of Police appointed or deemed to be appointed under this Act;
2[(6A) "Lok Raksha!(' means a police officer of the lowest grade appointed
in accordance with the provisions of section 5].
3 ((7) "municipality" means a municipality or municipal borough established
under any law for the time being in force in any part of the State, but does not include
a municipal Corporation;]
'[ * * * * * l
(8) "place" includes a building, a tent, a booth or other erection, whether
permanent or temporary, or any area whether enclosed or open;
(9) "place of public amusement" means any place where music, singing, dancing,
or any diversion or game, or the means or carrying on the same, is provided and
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 room, bagatelle room, gymnasium, fencing school, swinJIDing
pool or dancing hall;
'[(10) "place of public entertainment" means a boarding-house, lodging house
or residential hotel and includes any eating house in which any kind of liquor or
intoxicating drug is supplied (such as a tavern, a wine shop, a beer shop or a spirit,
arrack, toddy, ganja, bhang or opium shop) to the public for consumption in or near
such place];
( 11) "Police officer" means any member of the police force appointed or deemed
to be appointed under this Act, and includes a special or an additional Police Officer
appointed under section 21 or 22;
(12) "prescribed" means prescribed by rules;
(13) "public place" includes the foreshore, the precincts of every public
building or monument, and all places accessible to the public drawing water,
washing or bathing or for the purpose of recreation;
'[ * * * * * *]
I. These words, figures and letters were inserted by Bom. 34of1959, s. 5(3).
2. This clause was and was always to have been inserted by Guj. 8 of2006, s. 2(2).
3. This clause was substituted for the original by Born. 34of1959, s. 5(4).
4. Clause (7 A) was omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects)
Order, 1960.
5. This clause was substituted for the original by Guj. 5 of 1989, s. 2(2).
6. Clause (13 A) was deleted by Guj. 15of1964, s. 4, Sch.
3
4
One Police Force
for the -l(whole
of the '[State of
Gujarat]].
Superintendent
of Police Force to
vest in the State
Government.
Constitution of
Police Force.
Gujarat Police Act, 1951
( 14) "rules" means rules made under this Act;
[ 1951 : Born. XXII
(15) "street" incudes any highway, bridge, way over a causeway, viaduct, arch
quay or wharf or any road, lane, footway, square, court, alley or passage, accessible
to the public, whether a thoroghfare or not;
(16) "Subordinate ranks" means members of the Police Force below the rank
of the Inspector;
(17) "vehicle" means any carriage, cart, van, dray, truck, hand cart or other
Conveyance of any description and includes a bicycle a tricycle, a rickshaw, an
automatic car, a vessel or an aeroplane.
CHAPTER-II
SUPERJNTENDENCE, CONTROL AND ORGANISATION OF THE POLICE FORCE.
3. There shall be one Police Force for the 1[whole of the '[State of Gujarat]]:
Provided that the members of the Police Forces constituted under any of the
Acts mentioned in Schedule I, immediately befor the coming into force of this Act
'[in the relevant part of the State] shall be deemed to be the members of the said
Police Force.
4. The superintedence of the Police Force tlu·oughout '[the State of Gujarat]
vests in and is exercisable by the State Government 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. Subject to the provisions of this Act-
(a) the Police Force shall consist of such of number in the several ranks and
have such organization and such powers, functions and duties as the State
Government may by general or special order determine ;
(b) the recruitment pay, allowances and all other conditions of service of the
Police Force shall be such as may from time to time be determined by the State
Government by general or special order :
Provided that-
6[(i) the rules and orders governing the recruitment, pay allowances and other
conditions of service of the members of the Police Force constituted under any of
the Acts mentioned in Part I or II or Schedule I and deemed to be the members of
the Police Force under section 3, shall continue in force until altered or cancelled
under clause (b); but in the case of members of Police Force; constituted
1. These words \Vere substituted for the \vords "vvhole of the State of Bombay" by Born. 34of1959, s. 6.
2. These words \Vere subtituted for the \Vords "State of Bombay" by the Gujarat Adaptation of La\vs (State
and Concurrent Subjects) Order, 1960.
3. These words \Vere substuted for the words «\vhole State" by Born. 34 of 1959, s. 6.
4. These words were inserted, ibid., s. 6.
5. These \Vords \Vere substituted for the \Vords "the State··. ibid., s. 7.
6. This sub-clause \Vas substituted for the original, ibid., s. 8.
1951 : Born. XXII] Gujarat Police Act. 1951
XX.XVII
ofl956.
61of1951.
under any of the Acts mentioned in Part II of that Schedule such alteration or
cancellation shall be subject to the proviso to sub-section (7) of section 115 of the
State Reorganisation Act, 1956.]
(ii) nothing in this clause shall apply to the recruitment, pay allowances and
other conditions of service of the members of the Indian Police and Indian Police
Service.
'[SA. (1) For the overall direction and supervision of the Police Force, the
State Government shall appoint a Director General and Inspector General of Police
who shall exercise such powers, perform such functions and duties and have such
responsibilities and authority as may be provided by or under this Act or orders made
by the State Government.
(2) The Director General and Inspector General of Police shall be selected
from a panel of officers consisting of the officer already working in the rank of
the Director General of Police or of the officers in the rank of Additional Director
General of Police who have been found suitable for promotion after screening by a
Committee under the provisions of the All India Services Act, 1951 :
Provided that the panel of officers from the rank of Additional Director
General of Police shall not exceed double the number of vacant posts to be filled in
the rank of Director General and Inspector General of Police in the State.
(3) The Director General and Inspector General of Police so selected and
appointed shall ordinarily have a minimum tenure of two years irrespective of his
6l of 1951. date of superannuation, subject to the relevant provisions under the All India Services
Act, 1951 and the rules made there under.
H-2057-(2)
( 4) The Director General and Inspector General of Police may be removed
from his post before the expiry of this tenure by the State Government by an order
in writing specifying the reasons thereof, consequent upon the -
(a) conviction by a court of law in a criminal offence or where charges
have been framed by a court in a case involving corruption or moral turpitude;
or
(b) punishment of dismissal, removal or compulsory retirement from service
or of reduction to a lower post; or
( c) suspension from service; or
( d) incapability to discharge his functions as the Director General and
Inspector General of Police due to physical or mental illness; or
(e) misuse or abuse of powers vested in him or for gross inefficiency and
negligence or failure to provide leadership to the Police Force.
SB. (1) The Police officer on operational duties in the field viz. Inspector
General of Police in a range, Deputy Inspector General of Police, Comm.issioner of Police,
Deputy Comm.issioner of Police, Assistant Commissioner of Police, Superintendent of
Police, Sub-Divisional Police Officer and police officer posted as on Officer incharge
of the Police Station shall ordinarily have a minimum tenure of two years on such post.
l. Section SA and SB were inserted by Guj. 23 of2007, s. 2.
Director
General and
Inspector
General of
Police.
5
Tenure of
office of
key police
functionaries.
6
Inspector
General,
Additional
and Deputy
Inspector
General.
Gujarat Police Act, 1951 [ 1951: Born. XXII
(2) Any police officer referred to in sub-section (1) may be removed or, as the
case may be, transferred from his post before the expiry of the tenure of two years
consequent upon the -
(a) conviction by a court of law, or
(b) punishment of dismissal, removal, compulsory retirement from service or
of reduction to a lower rank; or
( c) charges having been framed by court of law in a criminal offence; or
( d) suspension from service; or
( e) incapability to discharge his functions and duties due to physical or mental
illness; or
( f) misuse or abuse of powers vested in him; or
(g) gross inefficiency and negligence where a prima facie case of a serious
nature has been established after a preliminary enquiry; or
(h) superannuation; or
(i) promotion to a higher post; or
(j) on his own request].
6. (1) For the direction and supervision of the Police Force, the State
Government shall appoint an Inspector General of Police who shall exercise such
powers and perform such functions and duties and shall have such responsibilities
and such authority as may be provided by or under this Act or orders made by the
State Government
(2) (a) The State Government may appoint an Additional Inspector General
and one or more Deputy Inspector General of Police.
( b) The State Government may direct that any of the powers, functions, duties,
and responsibilities and the authority of the Inspector General may be exercised,
performed or discharged, as the case may be, by the Additional Inspector General
or a Deputy Inspector General.
( c) The State Government may also by a general or special order direct that
the Additional Inspector General or Deputy Inspector General shall assist and aid
the Inspector General in the performance, exercise and discharge of his powers,
functions, duties, responsibilities and authority in such manner and to such extent
as may be specified in the order.
Commissioner. 7. (a) The State Government may appoint a Police officer to be the
Commissioner of Police for 1 [any] area specified in a notification issued by
the State Government in this behalf and published in the Official Gazette.
I. These words were substituted for the words "Greater Bombay or any other" by the Gujarat
Adaptation of Laws (State and Concurrent Subjets) Order, 1960.
1951: Born. XXII] Gujarat Police Act, 1951
(b) The State Govenment may also appoint an Additional Commissioner of
Police for the areas specified in clause (a).
( c) The Commissioner shall exercise such powers, perfom1 such functions and
duties and shall have such responsibilities and authority as are provided by or under
this Act or as may otherwise be directed by the state Government by a general or
special order :
Provided that the State Government may direct that any of the powers, functions,
duties, responsibilities or authority exercisable or to be performed or discharged by
the Commissioner shall be exercised, performed or discharged subject to the control
of the Inspector General :
Provided further that the area for which a Commissioner has been appointed
under this section shall not, unless otherwise provided by or under this Act, be
under the charge of the District Magistrate or the District Superintendent for any
of the purposes of this Act, notwithstanding the fact that such area forms part of a
district within the territorial jurisdiction for which a District Magistrate or a District
Superintendent may have been appointed.
1[7 A. (I) The State Government may, having regard to the population in
an area or the circumstances prevailing in such area, by an order, separate the
investigating police from the law and order police wing in such area to ensure the
speedier investigation, better expertise and improved rapport with the people.
(2) Such investigating police wing shall investigate the serious crimes such
as offence punishable under Chapter XII, XVI, XVII of the Indian Penal Code,
Offences of Terrorist Activities, Cyber Offences, Inter State Offences and such other
offences as the State Government may, by an order, direct.
(3) The Director General and Inspector General of Police or an officer authorized
by him shall co-ordinate between the Law and Order Police and the Investigating
Police wings.]
7
Separation of
investigating
wing and law
and order n·ing.
8. (1) The State Government may appoint for each District or for a part of ~f,~~~~'.ment of
a District or for one or more Districts a Superintendent and one or more Additional AAdditional, d ss1stant an
Assistant and Deputy Superintendents of Police, as it may think expedient. Depu!y Supenntendents.
( 2) The State Government may by a general or special order, empower an
Additional Superintendent to exercise and perform in the district for which he is
appointed or in any part thereof, all or any of the powers, functions or duties to be
exercised or performed by a District Superintendent under this Act or under any law
for the time being in force.
(3) The District Superintendent may, with the previous permission of the
State Government, delegate any of the powers and functions 2 [conferred on him by
or under this Act, except the powers to make, alter or rescinds rules or orders under
section 33, to an Assistant or Deputy Superintendent.].
I. Section 7A was inserted by Guj. 23 of2007, s. 3.
2. These words were substituted for the words "conferred on him by or under this Act to an
Assistant or Deputy Superintendent" by Guj. 16of1978, s. 2.
8 Gujarat Police Act, 1951 [ 1951 : Born. XXII
Appoi~tment of 1 [8A. The State Government may appoint for the 2[ whole of the '[State of Gujarat]
Superintendents
for Wireless or for any part thereof one or more Superintendent of Police as it may think fit-
Systeni and
l\'Iotor Transport
System or for any
Specific duty.
7[Appointment
of Principals
of Police
Training
Schools.]
Deputies and
Assistant to
Con1missioner
(1) for the Police wireless System;
(2) for the Police Motor Transport System; or
(3) for the performance of such specific duties as the State Government may
from time to time determine in this behalf and the Superintendent so appointed shall
exercise such powers and perform such functions as the State Government may from
time to time assign to him :
Provided that such powers and functions shall be exercised or performed subject
to the control of the Inspector General.]
9. The State Government may appoint any Police Officer not below the rank
of a District Superintendent to be the '[Principal of 5[ any] Police Training College or
School] 6[established by the State Government] any may assign to him such powers,
functions and duties as it may think fit.
I 0. (I) 111e State Government may appoint one or more Deputy Commissioners
and one or more Assistant Commissioners of Police 8[* * *]in any area in
which a Commissioner has been appointed under clause (a) of section 7.
(2) Every such, Deputy or Assistant Commissioner shall, under the orders
of the Commissioner, exercise and perform any of the powers, functions and duties
of the Commissioner to be exercised or performed by him under the provisions
of this Act or any other law for the time being in force in accordance with
the general or special orders of the State Government made on this behalf:
Provided that the powers to be excerised by the Commissioners 9 [ofmaking,
altering or rescinding rules under section 33] shall not be exercisable by a Deputy
or Assistant Commissioner.
I. Section 8A was inserted by Born 20. of 1953, s. 2.
2. These words were substituted for the words "Pre-Reorganisation State ofBombay excluding
the transferred territories" by Born. 34of1959, s. 9.
3. These words were substituted for the words "State of Bombay" by the Gujarat Adaptation
of Laws (State and Concarrent Subjets) Order, 1960.
4. These words were substituted for the words "Principal of any Police Traing School" by Guj.
16of1978, s. 3.
5. These words were inserted by Born. 34of1959, s. 10(/).
6. This word was substituted for the words "the Central Police Training School, Nasik or any
other" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
7. This marginal note was substituted for the original by Born. 34of1959, s. 10(2).
8. The words "in Greater Bombay or" were deleted by the Gujarat Adaptation of Laws (State
and Concurrent Subjects) Order, 1960.
9. These words and figures were substituted for the words and figures "under section 18 or
33" by Born. 57of1954, s. 3.
1951: Born. XXII] Gujarat Police Act, 1951 9
H-2057-(3)
11. (J) The State Government may appoint 1 [ for any area for
which a Commissioner of Police has been appointed under section 7] such
number of Superintendents of Police as it may think expedient.
(2) A Superintendent appointed under sub-section (1) shall exercise
such powers and perform such duties and functions as can be exercised or
performed under the provisions of this Act or any other law for the time being
in force or as are assigned to him by the Commissioner under the general or
special orders of the State Government :
Provided that the powers to be exercised by the Commissioner '[of
making altering or rescinding rules under section 33] shall not be exercisable
by the Superintendent.
2 [Superintendents
within
Jurisdiction of
Commissioner.}
12. (J) Subject to the control of the State Government, the Commissioner Constitution of
'[fi J h 11 ·fh h.nk fi divisions and or any area s a , 1 et I s t- sections.
(a) constitute 5[within the area under his charge], Police divisions,
(b) sub-divide the same into sections, and
( c) define the limits and extent of such divisions and sections.
(2) Each such division shall be in charge of a Superintendent of Police and Officers incharge
. . . of divisions and
each sect10n shall be m charge of an Inspector of Police, sections.
6[12A. Subject to the general or special orders of the State Government the Inspectors.
Commisioner for the area for which he is appointed and the Inspector General for
other areas shall appoint Inspectors.]
13. [Inspector General and Commissioner to exercise the powers of First
Class Magistrate and Presidency Magistrate.} Deleted by Born. XX! of 1954, Second
Sch.
14. (J) Every Police Officer 7 [* *] '[of the grade of Inspector or below],
shall on appointment receive a certificate in form provided in Schedule IL The
certificate shall be issued under the seal of such officer as the State Government
may by general or special order direct.
1. These words were substituted for the words "for Greater Bombay" by Born. 56of1959,
s. 3, Schedule.
2. This marginal note was substituted for the orignal, ibid.
3. These words and figures were substituted for the words and figures "under section 13 or
33" by Born. l of 1956, s. 2.
4. These words, were substituted for the words "for Greater Bombay" by Born. 56 of 1959,
s. 3, Schedule.
5. These words were substituted for the words "within the Greater Bombay", ibid.
6. Section 12A was inserted by Born. 28of1954, s. 2.
7. The words "of and" were deleted by Born 20of1953, s. 3.
8. These words were substituted for the words "below the grade oflnspector" by Born. 28
of 1954, s. 3.
Certificate of
appointment.
JO
Effect of
suspension of
Police Officer.
Gujarat Police Act, 1951 ( 1951 : Born. XXII
(2) A certificate of appointment shall become null and void whenever the
person named therein ceases to belong to the Police Force or shall remain inoperative
during the period within which such person is suspended from such force.
15. The powers, functions and privileges vested in a police shall remain suspened
whilst such Police officer under suspension from office :
Provided that not withstanding such suspension such person shall not cease
to be a Police officer and shall continue to be subject to the control of the same
authorities to which he would have been, if he was not under suspension.
General powers 16. The Commissioner, subject to the orders of the Inspector General, and of Commissioner
and District District Superintendent, subject to the order of the Inspector General and the
Superintendent. District Magistrate, shall within their respective spheres of authority direct and
Control of
District
l\lagistrate O\'er
Police Force in
District.
regulate relation, distribution of duties, study of laws, orders and modes of
proceedings and all matters of executive detail of the fulfilment of their duties by
the Police Force under him.
17. (I) The District Superintendent and the Police Force of a district shall
be under the control of the District Magistrate.
(2) In exerc1smg such control the District Magistrate shall be governed
by such rules and orders as the State Government may make in this behalf
l[* * * * * * *].
Power ofDistrict 18. The District Magistrate may require from the District Superitendent
Magistrate to
require reports reports, either particular or genreal, on any matter conneExcerpt shown. Open the full act in Lexace.