LexThe ORISSA URBAN POLICE ACT, 2003
Odisha · state statute
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PRS or any persons connected with it shall not be in any way responsible for any loss, damage, or distress to any person on account of any action taken or not taken on the basis of this document. The Orissa Urban Police Act, 2003 Act 8 of 2007 Keyword(s): Commissionerate, Director General of Police, Eating House, Police, Subordinate Ranks, Urban Area TABLE OF CONTENTS PREAMBLE SECTIONS CHAPTER l PRELIMINARY Short title, extent and commencement. Cesser of operation of certain enactments and saving. Definilions. CHAPTER ll ORGANISATION, SUPERINTENDENCE AND CONTROL OF POLICE Creation of Police Cornmissionerate. Constitu!ion of Commissionerate. Commissioner and Additional Comt-ilisdoner 01 Police. Duties of Additional Commissioner of Police. Deputy, Additional Deputy and ~ssistant Commissioners of Police. Constitution of police district, subdivisions and police stations. 0 - Off~cer-in-charge of police districts. pdice subdivisions and police-stations. General powers of Commissioner. Power of commissioner to investigate and regulate matters of police accounts. Special Police OHicers. Additional Police Officers. . . Return of cedificate of appointment, etc. CHAPTER111 . DUTIES, POWERS AND RESPONSIBILITIES OF POLICE - 16. Duties of a Police Officer. 17. Duties of Poke Of icers towards weaker sections and the poor. 18.- Duties of Police Officers while regulating traltic. 19. Duties ot Police Officers to enforce provisions of this Act. 20. Power to search suspected persons in streets, etc. 21. Emergency duties of Police. 22. Superior Police Officer may perform duties of a subordinale Police Ollicer. 23. Persons bound lo comply with direclion of Police Officer. CHAPTER IV REGULATION, CONTROL AND DISCIPLINE OF POLICE 24. Framing of regulations for administration of police. 25. Discipline and penalties. 26. Police Officers when deemed always on duty. 27. Police Olficers noi to resign without leave or notice. CHAPTER V POLICE REGULATIONS Power to make regulations for regulating traffic and for preservation of order in public place, etc. Power to give directions to the public. Power to prohibit certain acls far preienlion of disorder. Police to provide against disorder, etc. at places of public amusement or public assembly or meeting. Power to prohibit, etc., continuance of music, sound or noise. Issue of order for prevention of riot, etc. Mainlenance of order at religious or ceremonial display, etc. Commissioner may lake special measures Lo prevenl outbreak of epidemic disease at fairs, etc. Power to reserve street or other public place lor public purpose and power Lo authorise erecting of ' barriers in streets. CHAPTERVI - SPECIAL MEASURES FOR MAINTENANCE OF PUBLIC ORDER ANDSECURITY Employment .of additional police lo keep peace. Employment of additional police in cases of special danger to public peace. Employment ol additional police at large work and when apprehension regarding behaviour of em- ployees exists. Compensation for injury caused by unlawful assembly how recoverable. Dispute in regard to cosl of decuting additional police and compensation. Recovery of amount payable under S6ctions 37 to 40. Governmen[ or any nominated authority to award compensation. Recovery of amounts payble under Sections 38 and 40. I Dispersal of gangs and bodies of persons. ern oval of persons about to commit oHences. Removal of persons convicted of certain offences. Period of operation of orders under Sections 45 to 47. Hearing to be given before order under Seclions 45 to 47 are passed. Appeal against orders under Sections 45 to 47. g Finality of order in certain cases. Procedure on failure ol person to leave the area and his entry therein after removal. A Temporary permission to enter and consequences of non-observance oi conditions of such perrnis- sion. Measurements and photagraphs of persons against whom order passed under Sections 45 lo 47. Resistance to the taking of measurements, etc. Banning of use of dress, etc, resembling uniform of armed forces. Constilulion of Defence Societies. CHAPTERVII POWERS OF COMMfSSlONER UNDER OTHER ACTS 58. Power of Government to ailthorise Commissioner and cerlain other oflicers.'lo exercise powers of Dislrict Magistrates and Executive Magistrates under the Code of Grirninal Procedure. 59. Powers of Commissioner under other Acts. 60. Laying of Notifications under Sections 58 and 59. . --- ,a$~--: . . 1 399-EX. GAZ. f (A) CHAPTER V11 t POWERS IN RELATIONTO UNCLAIMED PROPERN Police to take charge of unclaimed property. Procedure for disposal of properly taken charge of under Section 61. Delivery of properly lo person entitled. In default of claim property lo be at disposal of Government. CHAPTER IX OFFENCES AND PUNISHMENTS Disregarding the rules of the road. , Causing obstruction or mischief by animal. Exposing animal for hire, sale, etc. Causing any obstruction in a slreel. Obstructing a footway. Causing obstruction and annoyance by performances, etc. Doing offensive acls in or near a street or public place. Letting loose horse and suffering ferocious dogs, etc. , , . Bathing or washing in places not set apart for those purposes. Defiling water in public wells, etc. Obstrucling bathers. Behaving indecently in public. Obstructing or annoying passengers in Ihe street. Misbehaviour with intent to provoke a breach --- of the peace. Prohibition against flying kites, playing on the street, etc. Committing nuisance in or near street, etc. Drunkenness in a street, etc. Alfixing notice, etc. upon public property without consent of authority. ~isre~ard Lo notice in public building. Penalties for offences under Sections 65 to 83. PenalG for failure to keep in confinement cattle, etc. Punishmenl for cruelly Lo animals. Wilful Irespass. False alarm of bomb or fire or damage to fire brigade. Being found under suspicious circurnslances between sunset and sunrise. Possession of property of which no satisfactory account can be given. Omission to report to police possession, etc, of property suspected lo be stolen. Melting, etc. of property referred'to in Section 91. Taking pledge from child. Sulfering disorderly conduct at places of public amusement, elc. Chealing al games and gambling in slreel. Penally lor zontravening regulations, elc, under Section 28. Liability of licensee of place ol public amusement or enlertainment lor acts of servents. Penally for not oblaining licence in respacl of place of public entertainment or ceflificate of registration in respect of eating house or for not renewing such licence or certificate within prescribed period. Penalties forconlravention of orders. etc. under Sectio~s 29 to 34. Penalty for contravention of regulations, etc. mede under Sections 28 (2), 35 and 36. Penalty lor conlravenlion ol directions under Sections 45,46 and 47. Penalty lor entering without permission area Irom which a person is directed to remove himself or overstaying. Penalty lor contravention of orders under Section 56. Penalty for opposing or not complying wilh direslion given under clause (b) of sub-section (1) of Sect ion 1 9. Penalty lor contravening direclions under Section 23. Penalty for making false or misleading statement, etc. and for misconduct of Police Officer Vexatious enlry, search, arrest, stc, by Police Olficer. - Panalty for vexatious delays in Iorwarding a person arresled. Penalty for unauihorised use of police uniform. ~rtlsecution of Police Officers. Power lo make regulations regarding carrying weapons without authority. Proseculion for offences under other enaclments not alfected. Prosecution lor certain offences against this Acl to be in the discretion of police. Power to compound certain offences. Summary disposal of certain cases. Ollence by companies. CHAPTER X MISCELLANEOUS Disposal of fees, rewards, elc. Method of moving orders and notifications. Rules, regulations and orders not invalidated by defect of form or irregularity in procedure. Officers holding charges of, or succeeding to, vacancies competent to exercise powers. No Police Ollicer to be liable to penalty or damage for act done-in good faith in pursuance of duly. No public servant liable as aforesaid for giving effect in good failh to any rule, regulation, order or . direction issued with apparent aulhority. Bar to suits and prosecutions. Licences ind wrillen permission to specify conditions, etc. and to be signed. Public notices how to be given. Consent, etc. of a competent authority may be proved by writing under his signature. Signature on notices, etc, may be stamped. Regulations lo be made with previous sanction of Government. Power to make rules. Persons interested may seek to annul, reverse or alter any rule, regulalion or order. Power lo remove difficulties. SCHEDULE The Orissa Gazette EXTRAORDINARY PUBLISHED BY AUTHORITY - No. 1949 CUTTACK, MONDAY, OCTOBER 75, 20071ASWlNA 23, 1929 -- - LAW DEPARTMENT NOTIFICATION The 15 th October 2007 I No. 11 798-Legis.-The lollowing Act of the Orissa Legislative Assembly I having been assented to by the President on the 24th September 2007 is hereby published for general information. ORISSA ACT 8 OF 2007 THE ORISSA URBAN POLICE ACT, 2003 AN ACTTO PROVIDE FOR REORGANISATION AND REGULATI~N OF POLICE IN CERTAIN URBAN AREAS OF THE STATE. Be it enacted by the Legislature of the State of Orissa in the Fifty-fourfh Year of the Republic of India as follows :- CHAPTER I short Me, I. (1) This Act may be called the Orissa Urban Police Act, 2003. extenl and cornrnence- (2) It extends to the whole of the State of Orissa. (3) It shall come into force on such date as the Government may, by notification, appoint. Cesser of 2. (1 ) On and from the date on which a Commissionerate is created under ~p~~~~~*"S~ection 4 in respect of any area, any enactment in force in that area which is of certain . enactmen,s~n~~n~i~tmt with, or a repetition of. the provisions of this Act shall cease to be and saving.in force in such area: Provided that - (a) all rules prescribed, appointments made, powers conferred, orders made or passed, directions and certificates issued, consent, permit, permission or licences given, summons or warrants issued or served, persons arrested or detained or discharged on bail or bond, search warrants issued, bonds ° forfeited, penalty incurred under any such enactment shall, so far as they are consistent with this Act, be deemed to have been prescribed, made, conferred, passed, issued, given, served, arrested, detained, discharged, forfeited br incurred, as the case may be, under this Act ; and (b) all references, in any enactment to any of the provisions of the enactments so ceasing to be in force, shall in relation to that area be construed as references to the corresponding provisions of this Act. (2) The cesser of operation of any enactment in any area under sub- section (1 ) shall not affect- (a) the validity, invalidity, effect or consequence of anything done or suffered to be done thereunder in such area before the date of such cesser ; ,- (b) any right, privilege, obligation or liability already acquired, accrued or incurred before such date ; (c) any penalty, forfeiture or punishment incurred or inflicted in respect of any act before such date ; (d) any investigation, legal proceeding or iemedy in respect of such right, privilege,'obligation, liability, penalty, forfeiture or punishment ; or (e) any legal proceedings pending in any couri or before any officer on such date or anythi~g done or suffered to be done in the course of such proceedings, and any such proceedings or any appeal or revisional proceedings arising out of such proceedings shall be instituted, continued or disposed of, as the case may be, as if this Act had not been enacted. Definitions. 3. In this Act, unless the context otherwise requires - (a) "cattle" includes elephants, camels, horses, asses, mules, cows, bulls, buffaloes, goats,'sheep and swine ; (b) "Commissionerate" means a Police Commissionerate created under Section 4; (c) "Commissioner", "Additional Commissioner". "Deputy . : C~mmissioner", "Additional Deputy Commissioner" an,d "Assistant Commissioner" shall respectively mean Commissioner of Police, Additional Commissioner of Police, Deputy Commissioner of Police, Additional Deputy Commissioner of Police and Assistant Commissioner of Police appointed under this Act ; -. (d) ''competent authority" when used with reference to the exercise of any power or discharge of any duty under Ihe provisions of this Act, means the person specially empowered in that behalf by-the Government ; (e) "Director General of Police" means the lnspectbr-~eneral of Police appointed by the Government under Section 4 of the Police Act, 1861 ; 501 1861. (f) "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 lor consumption'in or near such shop ; (g) "Government" means the State ~ov'ernment of Orissa ; ' (h) "place" includes - (i) any building, tent, booth or other erection, whether permanent or temporary, and (ii) any area, whether enclosed or open ; (i) "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 ~ncludes a race course, circus, theatre, music hall, billiard or bagatelle room, gymnasium, video parlour, game parlour, beauty parlour, saloon, fencing school, swimming pool or dancing hall ; .- . (j) "place of public entertainment" means a lodging house, boarding and lodging house or re's-idential hostel, and includes any eating home or other place in which any kind of liquor or intoxicating drug is supplied (such as a tavern or a shop where beer, spirit, wine, arrack, toddy, ganja, bhang or opium is supplied) to the public for consumption in or near such place ; (k) "police" or "police force" means the police force referred to in Section 5 and includes- (i) all persons appointed as Special Police Officers under sub- section (1) of Section I3 and Additional Police Officers appointed under Section 14, and (ii) all other persons, by whatever name known, who exercise any police function in any area specified by. notification under Section 4; (I) "police officer" means any of the police personnel referred to in Section 5 and includes any Special Police Officers and Additional Police Officers appointed under this Act ; (m) "prescribed means prescribed by rules ; (n) "public place" means any place to which the public have access, whether as ot right or not, and includes- (i) a public building, monument and precincts or foreshore thereof, and (ii) any place accessible to thepublic far drawing water, washing or bathing or for purposes of recreation ;. , '4 (0) "regulation" means regulations made under this Act ; . (p) "rules" means rules made under this Act ; (q) "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 ; (r) "subordinate ranks" in the context of police force means the members of the Orissa police force below the rank of Deputy Superintendent ; (s) "urban area" means the territorial area of a Municipality Orissa Act constituted under the Orissa Municipal Act, 1950, and 23 of includes the territorial area of a Corporation constituted 1950, under the Orissa Municipal Corporation Act, 2003; Orissa ACI I1 ol 2003. (t) "vehicle" means any carriage, cart, van, dray, truck, handcart or other conveyance of any description and includes. a bicycle, a tricycle. a rickshaw, a motor vehicle, - a vessel or an aeroplane but does not include, a perambulator. CHAPTER II ORGANISATION, SUPERINTENDENCE AND CONTROL OF POLICE Creation of 4. The Government may, by notification, create a Police Commissionerate for any area comprising the territorial area of any one or more ~orpor.ations . Commi- ssionerate. constituted under the Orissa Municipal Corporation Ordinance, 2003 and may FT *" include any other contiguous area as may be specified in the notification. zoo3. Consri~ution 5. A Commissionerate created under Section 4 shall consist of such of Cornrni- ssionerale. number of police personnel of the Orissa Police Force constituted under Section 2 of the Police Act, 1861 in the several ranks and have such organisation and 5 of 1861. funelions and duties as the Government may, by general or special order published in the Gazette, determine. Cornmi- 6. (1) The Government may appoint a police officer to be the Commissioner ssioner and Additional for any area specified in the notification under Section 4. Commis- sioner of (2) The Government may also appoint one or more Additional Police. C~mmi~~ianer~ to assist the Commissioner in discharge of his duties under this Act. (3) Subject to the general control and supervision of the Director General of Police, the Commissioner shall exercise such powers, perform such functions and duties and shall have such responsibilities and authority as are provided by or under this Act or the rules. Duties of 7. The Government may, by general or special order, empower an Additional Addilional Commis- Commissioner to exercise and p~rforrn all or any of the powers, functions or sioner of Police, duties to be exercised or performed by the ~ornrnisiioner under Lhis Act, subject to the'control of the Commissioner. Deputy, 8. (1 ) The Government may appoint one or more Deputy Commissioners Addi'iana' or Additional Deputy Commissioners or Assistant Commissioners for the Deputy and Assistant purposes of this Act. Commi- ssioners of Police. (2) Without prejudice lo the other provisions of this Act and subject to any general or special orders made by the ~overnment in this behalf, every Deputy Commissioner or Additional Deputy ~ommiskioner or Assistant Commissianer shall, under the orders of Commissioner, exercise such powers and perform such of the duJies of the Commissioner and within such local limits as may be specified in such orders. Canstitu- 9. The Government may, by notification, - lion of Police (a) constitute districts within the ju'risdiction of 'a districl, subdivi- Commissionerate; sions and police (b) divide such police districts into police subdivisions and specify the stations. police stations comprised in each such subdivision; and (c) define the limits and extent of such police districts, police sub- divisions and police stations. Officer-in- 10. (1) Each police district shall be under the charge of a Oeputy charge of police Commissioner, who may be assisted in the discharge of his duties by one or districtsl mare Additional Deputy Commissioners and kssistant Commissioners. police subdivi- sions and (2) Each police subdivision shall be under the charge of an Assistant ' police stations. Commissioner and each police station shall be under the charge of an Inspector or Sub-Inspector of Police. . . General 11. The Commissioner shall, within his sphere of authority, direc! and powers d ommi regulate all matters of arms, drill, exercise. observation of persons and events, ssioner- mutual relations, distribution of duties, study of laws, orders and modes of proceedings and all matters of executive detail including the fulfilment of duties by the police force under him. Power of Commis- 52. The Commissioner shall have the authority .to investigate and regulate $one(. to all matters of account connected with the police force of the Cornmissionerate tnvestfgate and and all persons concerned shall be bound to give him a reasonable aid and reoulate -- - - rna!ters of facilities in conducting such investigations and to conform to his orders pol~ce accoun~s. cdsequent thereto. Special 13. (I) The Commissioner may, at any time by written order signed by Police Ofiic,ers. himself and sealed with his own seal, appoint, an.honouraty basis for not more than three months at a time, any able bodied person, not below the age of eighteen years and above the age of fifty years, whom he considers fit to be a Special Police Officer to assist the police force on any occasion, when he has reason to apprehend the occurrence of any riot or grave disturbance of the peace in any area of the ~ommissionemte~and he is of opinion that the police force is not sufficient for the protection of persons residing, and for the security of property within such area: Provided that no person shall be appointed as a Special Police Officer against his will. (2) The Commissioner shall publish the names of Special Police - Officers appointed 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 within fifteen days of suchappointment and the Commissioner may accept such abjection 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 so appointed shall, on appointment- (a) receive a certificate of apppintrnent, in a form approved by the Government in this behalf, the acceptance of which shall be the conclusive evidence of his conken t to the appointment; (b) have the same powers, privileges and immunities and be liable to the same duties and responsibilities and subject to the same authorities as an ordinary police officer. Addilional 14. (1) Additional police ORicers of such rank or grade for.such time Police and on such pay, as the Government may determine, may be employed or OWcers. deputed by the commissioner for the purposes of this Act. (2) Every Additional Police Officer so appointed shall, on appointment,- (a) receive a certificate of appointment in a form approved by the Government in this behalf; (b) be vested with all or such of the powers, privileges and immunities and perform such of the duties of a police officer as are specially mentioned in thexertificate; and (c) be subject to the orders of the Commissioner as an ordinary police officer of the same or similar rank or grade. (3) The employment or deputation of such Additional Police Officer may be made at the request of any person requiring such police and the cost of such employment shall, as far as feasible, be realised in advance, and the dues, not paid shall be recovered in such manner as is provided by or under . . this Act or the rules. Return 01 15. (1) Every' person, having ceased to be a Special Police Officer or certificate or appoinl- Additional Police Officer under this Act, shall forthwith deliver up his certificate, ment etc. clothing, accoutrements, arms, ammunition and other necessaries, which have been supplied to him for the execution of his duly. (2) If any person, being so appointed, employed or deputed as a Special Police Officer or Additional Police Officer, without sufficient excuse, neglects or refuses to obey such lawful order or direction as may be given to him for the performance of his duties or, on ceasing to be a Special Police Officer or Additional Pqlice Officer, fails to deliver up forthwith his certificate, clothing, accoutrements, arms, ammunition and other necessaries which have been supplied to him for execution of his duty, he shall be liable, upon conviction before a Magistrate, to a fine not exceeding five hundred rupeesfor such neglect, .refusal, disobedience or failure to deliver up: Provided that in case of failure to deliver up the arms and ammuniti,on he shall be deemed to be in illegal possession of such arms and ammunition and shall accordingly be liable under the relevant provisions of the Arms Act, 1959 and the rules made thereunder for such illegal possession of arm and 54 01 1959. ammunition. - CHAPTER Ill DUTIES, POWERS AND RESPONSlBlLlTlES OF POLICE Duties or a 16. It shall be duty of every police officer to - police oHicer. (i) promote and preserve public order; (ii) investigate crimes and, where appropriate, to apprehend the offenders and participate in subsequent legal proceedings connected therewith; (iii) identify problems and situations that are likely to result in commission of crimes; (iv) reduce the opportunities for the commission of crimes through preventive patrol and other prescribed poiice measures; (v) aid and co-operate with other relevant agencies in implementing the prescribed measures for prevention of crimes; (vi) aid individuals who are in danger of physical harm; (vii) create and maintain a feeling of security in the community; (viii) facilitate orderly movement of people and vehicles; (ix) counsel and endeavour to resolve contentious issues and promote amity; (x) provide necessary services as enjoined under law and afford relief to people in distress situations; (xi) collect intelligence relating to matters affecting public peace and crimes in general including soci'al'and economic offences, national integrity and security; (xii) perform such other duties as may be enjoined on them by any law for the time being in force; (xiii) promptly serve every summons and obey and execute every warrant or other order lawfully issued to him by the competent' authority and to comply with all lawful commands of his superiors; (xiv) to the best of his ability, obtain intelligence concerning the commission of congizable offences or designs to commit such offences and to lay such information and to take such other steps consistent with law and with the orders of his superiors as shall be best calculated to bring offenders to justice and to prevent the commission of cognizable and, within his view, of non-cognizable offences; (xv) to aid any other police officer when cailed upon by such other police officer or in case of need in discharge of the duty of such other police officer, in such ways as would be lawful and reasonable on the part of the officer aided; (xvi) take prompt measures to procure necessary help for any person, under arrest or in custody, who is wounded or sick and, whilst guarding or conducting any such person, to have due regard to his condition; (xvii) aid and co-operate with other agencies for the prevention of all offences and all wanton destruction of public property by violence, vandalism, fire and accidents; (xviii) prevent such conduct in public places as would prove to be dangerous for the persons indulging in such acls like, overloading of vehicle br driving dangerously and recklessly; (xix) refrain from causing needless inconvenience to the members of the public in the discharge of his duties; Duties of ! police ! officer I towards weaker sections and the poor. (xx) while taking a person into custody, ensure that he is not denied his rights and privileges and, in particular, to ensure that an arrested person in custody is able to inform a person of his choice the fact of his detention; (xxi) show, by#personal conduct, that it is in the general interest of society to abide by the law in operation; and (xxii) aid and rescue public authorities in due discharge of their duties and responsibilities during war, peace and natural calamities or othetwise. . 17. It shall be the duty of every police officer to - (i) register all cognizable offences brought to his notice by a complainant in person or by post or from his knowledge and take prompt steps to acknowledge registration of such offences where necessary and proceed with such investigation in accordance with law; (ii) guide and assist members of the public, particularly the poor and indigent, disabled or physically weak and children who are either - lost or find themselves helpless on the streets or other public places; (iii) take charge of intoxicated persons and lunatics at large, who in their ignorance may cause harm to themselves or other members of the public and their properly; (iv) assist in preventing the poor and indigent persons from exploitation by any organised group; (v) prevent eve-teasing and harassment of women in public places or otherwise; (vi) prevent harassment and help the children in need of care and protection; (vii) deal with juveniles in conflict with law by adopting child friendly approach for their ultimate rehabilitation; (viii) behave with all the members of the public with due decorum and courle~~,'~articularl~ so in dealing with women ahd children, where strict regard should be paid to decency and reasonable gentleness; (ix) arrange for legally permissible sustenance and shelter to every person in custody and making known to poor persons in custody the provisions of legal aid schemes being enforced in the State and also inform the authority concerned to provide such aid; Dulies ol police officers while regulaling traffic. Dulies of police , off ieers to enforce provisions ol lhis Acl. (x) provide every kind of assistance to victims of road accidents and in particular ensuring that they are given prompt medical aid without waiting for formalities; and (xi) assist accident victims ,or their heirs or their dependents, where applicable, with such information and documents as would facilitate fheir compensation claims and making the victims of accidents . aware of their rights and privileges. 18. It shall be duty of ebery police officer to - (i) regulate and control the traffic in the streets to prevent obstructions therein and, to the best of his ability, to prevent the contravention of any rule, regulation or order made under this Act or any other law in force for observance by the public in or near the streets; (ii) keep order in the streets, pavements and at and within public bathing and washing places, fairs, temples and all other places of public resort and in the neighbourhood of places of public worship; (iii) regulate public bathing and washing places anb all other places of public resort, to prevent over-crowding in such places and, to the ' best of his ability, to prevent the contravention of any regulation or order lawfully made for observance by the public at such places; (iv) prevent to the best of his ability the commission of public nuisance; and (v) prevent and remove or cause to be removed encroachments, littering and misuse of s'treets and pavements by hawkers and others. 19. (1) It shail be the duty of every police officer to ensure compliance with the provisions of this Act or any rule, regulation or order made thereunder and, for that purpose, such police officer may - (a) warn persons, who from ignorance fail to comply with any of the provisions of this Act or of the rules, regulations or orders made thereunder; (b) require any person, acting or about to act contrary to any of the provisions of this Act or of the rules, regulations or orders made thereunder, to desist from so doing; (c) subject to the provisions of sub-sections (2) and (31, arrest' any person contravening any of the provisions of this Act or of the rules, regulations or orders made thereunder, where such contravention is an offence punishable under this Act; (d) seize any object used, or about to be used, in contravening or in contravention of the provisions.of this Act or the rules, regulations or orders made thereunder, where such contravention is an offence punishable under this Act. (2) A police officer shall not arrest any person under clause (c) of sub-section (1) without a warrant issued by a Magistrate, unless such person- . . , . (a) has contravened any regulation made under Section 28 for regulating traff ic and for preservation of order in public places; (b) has contravened any order or notification made under Sections 29,30 or 32; (c) commits in the presence of suci police officer offences punishable under Section 84 or sub-section (I ) of Section 95 or clause (a), (b) or (c) of Section 96 or sub-section (2) of Section 99 only in respect of cor!travention of any order made under Section 33 or 34; (d) commits in his presence in any street or public place any non-congizable offence punishable under this Act or any of . - the rules or regulations made thereunder, if such person - (i) after being warned by the police officer, persists in commitiing such offence; or (ii) refuses to accompany the police officer to a police station on being required so to do. (3) The Commissioner or any other police officer, specially empowered in this behalf by the Director General of Police, may arrest without warrant by a Magistrate any person who has committed an offence under Section 77. Power 10 20. When in a street or a place of public resort a person is in possession search suspected or suspected lo be in possession of any article, which a police officer in good persons in faith suspects to be stolen property, such police officer may search such person streels etc. and may require an account in relation to any article found in his possession and if the account given by the possessor is manifestly false or suspic~ous, may detain such article after giving a receipt in the prescribed form and report the facts to a Magistrate having jurisdiction in t'he matter, who shall, thereupon, proceed according to the provisions of Sections 457,458 and 459 of the Code 2 of 1974. of Criminal Procedure, 1973. ' I L Emergency 21. (1) The Government may, bynotification, declare any specified service dulies of police. to be an essential service to the comniun~ty. (2) A declaration made under sub-section (1) shall remain in force for one month in the first instance, but may be extended from time to lime by a notification. (3) Upon a declaration being made under sub-section (1) and so long as it remains in farce, it shall be the duty of every police officer to obey . , any order given by any superior officer in relation to any employment in ., . ' connection with the service specified in the declaration. Superior 22. A police officer of a rank superior to that of a constable may perform Onicerany duty assigned by law or by-a lawful order to any officer subordinate to him may perlorm duties of a and in the case of any duty imposed on such subordinate, a superior may aid, sub- ordinate supplement, supersede or prevent any-action of such subordinate by his own p~lice action or that of any person lawfully acting under his command or authority, officer. whenever the same shall appear necessary or expedient for giving more complete or convenient effect to the law or for avoiding any infringement thereof. Persons 23. (1) All persons shall be bound to comply with the reasonable directions bound lo given by a police officer in the discharge of his duties under this Act. comply with direction of police (2) Where any person resists, refuses or fails to comply with any olf~cer. direction referred,to in sub-section (I), a police onicer may, without prejudice to any other action that he may take under any other provision of this Act or any other law for the time being in force, remove such person and either produce him before the nearest Maglstrate or, in trivial cases, release him when the occasion which necessitated the removal has ceased to exist: Provided that the person so removed shall, in all cases, be produced before the nearest Magistrate or released, as the case may be, within a period of twenty-four hours of such removal. CHAPTER IV REGULATION, CONTROL AND DISCIPLINE OF POLICE Framing af 24. Subject to previous sanction of the Government; the Commissioner reguletiOns may, by notification. make regulkions, not inconsistent wilh this Act or ap.y for adrnini- stration of other law for the time being in force, - police. (a) regulating the inspection and training 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 4he police force; jd) for the institution, management and operation of any police fund for 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 - (i) the manner in which, and I (ii) the conditions subject to which, they shall exercise and perform their respective powers and duties; (g) regulating the collection and communication by the police of intelligence and information; (h) prescribing the books and registers to be maintained and*the returns to be submitted by police officers; and (i) generally, for the purpose of rendering the-police efficient and preventing abuse or neglect of their duties. Discipline 25. (1) The Director General of Police, the Commissioner, the Additional and penalties. Commissioner, the Deputy Commissioner, the Additional Deputy Commissioner and the Assistant Commissioner shall have the same powers to suspend, discipline and penalise the police officers of subordinate ranks as may have been given to them or to police officers of their equivalent ranks in the State by or under the Police Act, 1861 and while doing so they shall follow the same procedure and award the same penalties as prescribed by or under the said Act. (2) An appeal against any order of punishment passed against a police officer of subordinate rank shall lie in the same manner and be subject to same conditions and limitations as prescribed by or under the Police Act, 1861. 5 01 1861. Police officers when deemed always on duly. Police ollicer not to resign wilhoul leave or notice. 26. Every police officer not on leave or under suspension shall, for all purposes of this Act, be considered to be always on du!y and may at any time be employed as police officer in any part of the State. 27. No police officer shall resign his office or withdraw himself from the duties thereof, unless expressly allowed to do so in writing by the Commissioner or by such other officer as may be authorised by the Commissioner to grant such permission or unless he has given to his superior officer, a notice in writing for a period not less than two months of his intention to do so. Explanation. - A police officer who, being absent on leave, fails without reasonable cause to report himself for duty on the expiration on such leave shall be deemed, within the meaning of this section, to withdraw himself from the duties of his office. CHAPTER V POLICE REGULATIONS Power 10 28. (I) he Commissioner may, with the previous sanction of Ihe make regulalions Government, make regulations to provide for all or any of the following matters, for regufa- namely-- ling tratlic and fo! preserva- (i) regulating traffic of all kind in streets and the use of streets and tion of other public places by persons riding, driving, cycling, walking, order in public leading or accompanying cattle, selling or exposing for sale any place, elc. goods, so as lo prevent danger, obstruction or inconvenience to the public; (ii)- 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; (iii] specifying the number, colour and position of lights to be used on vehicles in streets and the hours between which such lights should be used; (iv) 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 thdvicinity and the likelihood of such sign, device or representation at that height being a distraction, OF causing obstruclion, to such traffic; (v) 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 streels, or along certain specified streets; (vi] regulating the leading, driving, conducting or conveying of any elephant or wild or dangerous animal through or in any street; (vii) regulating and controlling the manner and mode of conveying timber, scaffold poles, ladders, iron girders, beams or bars, boilers or other unwieldy articles through the streets, and the route and hours for such conveyance; (viii) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in-the vicinity, prohibiting the carrying in streets and public places or storage of any hazardous or noxious substance; (ix) prohibiting, except along certain specified streets and during specified hours and subject to such conditions as may be , specified in that behalf, the exposure or movement in any street ' of persons or animals suffering from contagious or infectious disease, the carcasses of animals or parts of ,such carcasses or corpses of persons deceased; (x) specifying certain hours of the day during which ordure or offensive matter 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; (xi) setting apart places for slaughtering animals, sale of flesh, the clea'ning of carcasses or hides, the deposit of noxious or offensive matter and for obeying calls of nature; (xii) in case 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 Government with a view to prevent the disease or check the spread thereof; (xiii) directing the closing or disuse, whojly 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; (xiv) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity, prohibiting the use of loud speakers, the playing of music, the beating of drums, tomtoms or other instruments and the blowing or sounding of horns or other noisy instruments in or near streets or other public places; (xv) regulating the conduct of or behaviour or action of persons constituting assemblies and processions on or along the streets 16 and specifying in the case of processions, the routes by which the same may pass, in order 'to prevent annoyance, risk, danger ordamage to the residents or people in Ihe vicinity and prohibiting the carriage, of explosives, arms, swords, knives, sticks or any instrument which may be capable of being used to harm the people, except in accordance with the permission of police; (xvi) prohibiting the hanging or placing of any cord or pole across a street or part thereof, or the making of a projection or
Excerpt shown. Open the full act in Lexace.