LexThe HIMACHAL PRADESH VILLAGE AND SMALL TOWNS PATROL ACT, 1964
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH VILLAGE AND SMALL TOWNS
PATROL ACT, 1964
ARRANGEMENT OF SECTIONS
Sections:
1. Short title, extent and commencement.
2. Definitions.
3. Order for performance of patrol duty.
4. Functions of Gram Panchayat
5. Substitutes.
6. Exemptions.
7. Deputy Commissioner's powers of general control .
8. Delegation.
9. Fine on defaulting persons.
10. Decision of majority to prevail.
11. Fine on defaulting village.
12. Appeal.
13. Powers and privileges of patrols.
14. Repeal.
15. Savings.
THE SCHEDULE
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THE HIMACHAL PRADESH VILLAGE AND SMALL TOWNS
PATROL ACT, 1964
(ACT NO. VI OF 1964)
1
(Received the assent of the President, on the 16 th May, 1964, and was
published in the Rajpatra, Himachal Pradesh (Extra- ordinary), dated the 17 th
June, 1964, pp. 257-261).
An Act to make provision for the performance of night patrol duty by the
inhabitants of villages and small towns in the Hima chal Pradesh
in case of emergency.
Amended, repealed or otherwise affected by ,-
The Himachal Pradesh Adoption of Laws (State and
1. For Statement of Objects and Reasons, see the Rajpa tra, Himachal Pradesh (Extra-
ordinary), dated the 16 th March, 1964. p. 72.
2 THE HIMACHAL PRADESH VILLAGE AND SMALL TOWNS PAT ROL ACT, 1964
Concurrent Subjects) Order, 1973, published in the Rajpatra,
Himachal Pradesh (Extra-ordinary), dated the 20 th January,
1973, pp. 91-112, effective from 25 th January, 1971.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Fifteenth Year of the Republic of India as follows-
l. Short title, extent and commencement.- ( 1) This Act may be
called the Himachal Pradesh Village and Small Towns Patrol Act, 1964.
(2) It extends 1 to the whole of the Himachal Pradesh.
(3) It shall come into force at once.
2. Definitions.- In this Act-
"Village" includes a town with a population not exc eeding ten
thousand inhabitants according to the last census; also any
recognised sub-division of a village or of such a town;
"Gram Panchayat" means,-
(a) in the case of municipality, the Municipal Com mittee;
(b) in the case of a notified area, the Notified A rea
Committee ;
(c) in the case of a small town, the Small Town Co mmittee;
and
(d) in the case of any other village, the Gram Pan chayat
constituted under the Himachal Pradesh Panchayati R aj
Act, 1968
2 (Act No. 19 of 1968) for such village.
3. Order for performance of patrol duty.- ( l) When the Deputy
Commissioner is satisfied on information received o r otherwise that in any
village in his District (a) special measures are re quired to secure the public
safety, and (b) the inhabitants have not either voluntarily, or on being required
so to do by the Deputy Commissioner, made sufficien t provision for watch
and ward, he may make an order in writing that from such date as he may fix
in the order, all able-bodied adult male inhabitant s of the village shall be
liable to patrol duty.
(2) An order under sub-section (1) shall remain in force for such
period not exceeding one year as the Deputy Commiss ioner may fix; but it
may be renewed from time to time as the Deputy Commissioner may direct.
(3) An order under sub-section (1) or (2) may be cancelled at any time
by the Deputy Commissioner.
4. Functions of Gram Panchayat - (1) The Gram Panchayat of any
1. Extended to the areas added to Himachal Pradesh under section 5 of the Punjab
Reorganisation Act. 1966 vide the Himachal Pradesh Extension of Laws Act, 1968
(Act No. 25 of 1969 ).
2. Substituted for " Panchayat Raj Act, 1952 (Act No.6 of 1953)" by A.O. 1973.
THE HIMACHAL PRADESH VILLAGE AND SMALL TOWNS PATROL ACT, 1964 3
village in respect of which an order under section 3 has been passed shall
report forthwith:-
(a) the number of able-bodied adult male inhabitants of the
village;
(b) the number of persons which, in their opinion, will be
required for patrol duty each night ;
(c) the method by which, in their opinion, such persons shall be
selected, that is, whether by rotation or by lot or otherwise.
(2) Upon receipt of the report of the Gram Panchaya t, the Deputy
Commissioner shall determine the number of persons required for patrol duty
and the method of their selection, and shall inform the Gram Panchayat of his
decision.
(3) Persons shall be selected by the Gram Panchayat for patrol duty in
such number and according to such methods as the De puty Commissioner
may determine.
(4) Where the selection is by lot, names once drawn shall not be
drawn again until all the remaining names on the list have been drawn.
(5) The Gram Panchayat shall by publication of list or otherwise
inform the persons liable to patrol duty of the dat e, time, area and nature of
such duty.
5. Substitutes.- Any person liable to patrol duty shall himself per
form such duty or shall provide an able-bodied subs titute approved by the
Gram Panchayat
6. Exemptions.- Exemptions from patrol duty may be granted-
(a) by the Deputy Commissioner, or
(b) by the Gram Panchayat, subject to confirmation by the
Deputy Commissioner.
7. Deputy Commissioner's powers of general control. - The Deputy
Commissioner shall have power to alter the number o f persons required for
patrol duty and the method of their selection, to d irect that patrolling may ex-
tend to the whole or any portion of the village are a, and generally to regulate
and control all matters relating to patrol duty :
Provided that before altering the method of selecti on, he shall consult
the Gram Panchayat.
8. Delegation.-The Deputy Commissioner may delegate to any Sub-
divisional Officer or any Magistrate of the 1 st Class all or any of his powers
under sections 4, 6 or 7 of this Act.
9. Fine on defaulting persons.- (1) The Gram Panchayat may impose
a fine not exceeding five rupees on any person who has failed without
sufficient cause to perform patrol duty personally or by substitute:
4 THE HIMACHAL PRADESH VILLAGE AND SMALL TOWNS PAT ROL ACT, 1964
Provided that the fine shall be imposed within 15 days of such failure.
(2) All fines imposed under sub-section (1) may, up on application by
the Gram Panchayat, be recovered by the Collector a s an arrear of land reve-
nue.
(3) No appeal shall lie from an order of fine passe d by a Gram
Panchayat.
(4) All fines recovered under this section shall be expended in such
manner as the Gram Panchayat may determine.
10. Decision of majority to prevail.- The decision of the majority of
the members of a Gram Panchayat at the time assembl ed shall be deemed to
be the decision of the Panchayat.
11. Fine on defaulting village.- (l) Where, in the opinion of the De-
puty Commissioner, any village or part thereof, in respect of which an order
under section 3(1) has been passed, fails to provid e for due performance of
patrol duties, the Deputy Commissioner may by writt en order impose a fine
which may extend to one hundred rupees in anyone ca se upon the village or
part thereof:
Provided that before imposing any fine under this s ection the Deputy
Commissioner shall give ten days' notice by beat of drum or otherwise to the
village, and shall consider any objections that may be received by him.
(2) The Deputy Commissioner, after such enquiry as he may deem
necessary, shall apportion the fine among the inhab itants according to his
judgement of their respective means.
(3) Any fine under this section shall be recovered as an arrear of land
revenue and shall be credited to the Tehsil Panchay at constituted under the
Himachal Pradesh 1[Panchayati Raj Act, 1968 (Act No. 19 of 1968)] and may
be expended on rewarding such individuals or villag es as have rendered
conspicuous service under this Act, or in such mann er as the said Panchayat
may direct.
12. Appeal.- An appeal from an order of the Deputy Commissioner
under section 3 or section 11 shall lie to the Fina ncial Commissioner within
60 days from the date of the order.
13. Powers and privileges of patrols.- (1) All persons on patrol duty
under this Act shall exercise the same powers and e njoy the same protection
and privileges as are exercised and enjoyed by vill age watch-men as provided
in section 39A of the Punjab Laws Act (IV of 1872) as applied to Himachal
Pradesh and the rules made thereunder.
(2) Every person is bound to render to a person on patrol duty all the
assistance which he is bound to render to a police officer.
1. Substituted for the words, sign, figure and bracket "Panchayati Raj Act, 1952 (Act
No. 6 of 1953)" by A.O. 1973.
THE HIMACHAL PRADESH VILLAGE AND SMALL TOWNS PATROL ACT, 1964 5
(3) Every person on patrol duty shall be deemed to be a public servant
for the purposes of the Indian Penal Code.
14. Repeal.- The enactments mentioned in the Schedule are repea led
to the extent specified in the third column thereof with effect from the coming
into force of this Act.
15. Savings.- The repeal of enactments mentioned in the Schedule by
section 14 shall not affect-
(a) the previous operation of these enactments or anyth ing duly
done or suffered thereunder,
(b) any right, privilege, obligation or liability acqui red, accrued
or incurred under these enactments,
(c) any penalty, forfeiture or punishment incurred in r espect of
any offence committed against these enactments, or
(d) any investigation, legal proceedings or remedy in r espect of
any such right, privilege, obligation, liability, p enalty,
forfeiture or punishment as aforesaid,
and any such investigation , legal proceedings or r emedy may be
instituted, continued or enforced and any such pena lty, forfeiture or
punishment may be imposed as if these enactments had not been repealed.
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THE SCHEDULE
(See section 14)
Enactments repealed
Number and
Year
Short title Extent of
repeal
Act 7 of 2004
(Sambat)
The Chamba State Village and Towns Patrol
Act 2004 (Sambat) as in force in Chamba
district
The whole
Act 8 of 1918
The Punjab Village and Small Towns Patrol
Act, 1918 as applied to Bilaspur vide Bilaspur
(Application of Laws) Order, 1949.
The whole
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