The Odisha Urban Police Act, 2003

LAW DEPARTMENT
NOTIFICATION
The 15th October 2007
No. 11798-Legis.–  The following Act of the Orissa Legislative Assembly
having been assented to by the President on the 24th September 2007 is hereby
published for general information.
*ORISSA ACT 8 OF 2007
AN ACT TO PROVIDE FOR REORGANISATION AND REGULATION OF
POLICE IN CERTAIN URBAN AREAS OF THE STATE.
Be it enacted by the Legislature of the State of Orissa in the Fifty-fourth
Year of the Republic of India as follows :–
CHAPTER - I
PRELIMINAR Y
1. Short title, extent and commencement:– (1) This Act may be called
the Orissa Urban Police Act, 2003.
(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.
2. Cesser of operation of certain enactments and saving :– (1) On
and from the date on which a Commissionerate is created under Section 4 in
respect of any area, any enactment in force in that area which is inconsistent
with, or a repetition of, the provisions of this Act shall cease to be 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 or incurred,
as the case may be, under this Act; and
*  Pblished vide Orissa Gazette Ext. No. 1949 dated 15.10.2007
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 1949 Dated 15 October, 2007
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(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 sub­section
(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 remedy in respect of such
right, privilege, obligation, liability, penalty, forfeiture or punishment;
or
(e) any legal proceedings pending in any court or before any officer on
such date or anything 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.
3. Definitions :– 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
Commissioner”, “Additional Deputy Commissioner” and “Assistant
Commissioner” shall respectively mean Commissioner of Police,
Additional Commissioner of Police, Deputy Commissioner of Police,
Additional Deputy Commissioner of Police and Assist ant
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 the provisions of this Act,
means the person specially empowered in that behalf by the
Government;
(e) “Director General of Police” means the Inspector-General of Police
appointed by the Government under Section 4 of the Police Act,
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
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the premises by any person owning or having any interest in, or
managing, such place and includes–
(i) a refreshment room, boarding house or coffee house, or
(ii) a shop where any kind of food or drink is supplied to the
public for consumption in or near such shop;
(g) “Government” means the State Government 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 includes 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 residential hostel, and includes any eating
house or other place in which any kind of liquor or intoxicating drug
is supplied (such as a t avern 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 S pecial Police Of ficers under
sub­section (1) of Section 13 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 of right or not, and includes-
(i) a public building, monument and precincts or foreshore
thereof, and
(ii) any place accessible to the public for drawing water, washing
or bathing or for purposes of recreation;
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(o) “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 constituted
under the Orissa Municipal Act, 1950, and includes the territorial
area of a Corporation constituted under the Orissa Municipal
Corporation Act, 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
4. Creation of Police Commissionerate :– The Government may, by
notification, create a Police Commissionerate for any area comprising the territorial
area of anyone or more Corporations constituted under the Orissa Municipal
Corporation Ordinance, 2003 and may Orissa Act include any other contiguous
area as may be specified in the notification.
5. Constitution of Commissionerate :– A Commissionerate created
under Section 4 shall consist of such 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. functions and duties as the
Government may, by general or special order published in the Gazette, determine.
6. Commissioner and Additional Commissioner of Police:– (1) The
Government may appoint a police officer to be the Commissioner for any area
specified in the notification, under Section 4.
(2) The Government may also appoint one or more Additional
Commissioners 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.
 7. Duties of Additional Commissioner of Police:– The Government
may, by general or special order, empower an Additional Commissioner to exercise
and perform all or any of the powers, functions or duties to be exercised or
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performed by the Commissioner under this Act, subject to the control of the
Commissioner.
8. Deputy Additional Deputy and Assistant Commissioners of
Police :– (1) The Government may appoint one or more Deputy Commissioners
or Additional Deputy Commissioners or Assistant Commissioners for the
purposes of this Act.
(2) Without prejudice to the other provisions of this Act and subject to
any general or special orders made by the Government in this behalf, every
Deputy Commissioner or Additional Deputy Commissioner or Assist ant
Commissioner shall, under the orders of Commissioner, exercise such powers
and perform such of the duties of the Commissioner and within such local limits
as may be specified in such orders.
9. Constitution of Police district, subdivisions and police stations:–
The Government may, by notification,-
(a) constitute police districts within the jurisdiction of a
Commissionerate;
(b) divide such police districts into police subdivisions and specify the
police stations comprised in each such subdivision; and
(c) define the limits and extent of such police districts, police
sub­divisions and police stations.
10. Officer-in-charge of police districts, police subdivisions and
police stations:– (1) Each police district shall be under the charge of a Deputy
Commissioner, who may be assisted in the discharge of his duties by one or
more Additional Deputy Commissioners and Assistant Commissioners.
(2) Each police subdivision shall be under the charge of an Assistant
Commissioner and each police station shall be under the charge of an Inspector
or Sub-Inspector of Police.
11. General powers of Commissioner:– The Commissioner shall, within
his sphere of authority, direct and regulate all matters of arms, drill, exercise,
observation of persons and events, mutual relations, distribution of duties, study
of laws, orders and modes of proceedings and all matters of executive detail
including the fulfilment of duties by the police force under him.
12. Power of Commissioner to investigate and regulate matters of
police accounts :– The Commissioner shall have the authority to investigate
and regulate all matters of account connected with the police force of the
Commissionerate and all persons concerned shall be bound to give him a
reasonable aid and facilities in conducting such investigations and to conform
to his orders consequent thereto.
13. Special Police Officers :– (1) The Commissioner may, at any time
by written order signed by himself and sealed with his own seal, appoint, on
honourary 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,
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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 Commissionerate 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 S pecial 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 such appointment and the Commissioner may accept
such objection and cancel the appointment of such officer or, after giving to the
objector an opportunity to be heard, reject the objection.
(4) Every Special Police Officer so appointed shall, on appointment–
(a) receive a certificate of appointment, in a form approved by the
Government in this behalf, the acceptance of which shall be the
conclusive evidence of his consent 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.
14. Additional Police Officers :– (1) Additional Police Officers of such
rank or grade for such time and on such pay, as the Government may determine,
may be employed or 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 the certificate; 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.
15. Return of certificate of appointment etc.:– (1) Every person, having
ceased to be a Special Police Officer or Additional Police Officer under this Act,
shall forthwith deliver up his certificate, clothing, accoutrements, arms,
ammunition and other necessaries, which have been supplied to him for the
execution of his duty.
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(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 rupees for such neglect, refusal, disobedience
or failure to deliver up:
Provided that in case of failure to deliver up the arms and ammunition 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 ammunition.
CHAPTER - III
DUTIES, POWERS AND RESPONSIBILITIES OF POLICE
16. Duties of a police officer:– It shall be duty of every police officerto–
(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 police 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) facilitat.e 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 sociatand 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/awful commands of his superiors;
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(xiv) to the best of his ability , obt ain 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 called 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 acts like, overloading
of vehicle or driving dangerously and recklessly;
(xix) refrain from causing needless inconvenience to the members of the
public in the discharge of his duties;
(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
otherwise.
17. Duties of police officer towards weaker sections and the poor:–
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;
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(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 property;
(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
courtesy, particularly so in dealing with women and 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;
(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
their compensation claims and making the victims of accidents .
aware of their rights and privileges.
18. Duties of police officers while regulating traffic:– It shall be duty
of every 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 and 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 streets and pavements by hawkers and others.
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19. Duties of police officers to enforce provisions of this Act:– (1) It
shall 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 (3), 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; and
(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
traffic 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 such police officer offences punishable
under Section 84 or sub-section (1) 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 committing
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.
20. Power to search suspected persons in streets etc.:– When in a
street or a place of public resort a person is in possession  or suspected to 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 and
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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 suspicious, may
detain such article after giving a ~eceipt in the prescribed form and report the
facts to a Magistrate having jurisdiction in the matter , who st;tall, thereupon,
proceed according to the provisions of Sections 457,458 and 459 of the Code of
Criminal Procedure, 1973.
21. Emergency duties of police :–  (1) The Government may , by
notification, declare any specified service to be an essential service to the
community.
(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 time by a notificatton.
(3) Upon a declaration being made under sub-section (1 ) and so long as
it remains in force, 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.
22. Superior police officer may perform duties of a sub-ordinate
police officer :– A police officer of a rank superior to that of a constable may
perform any duty assigned by law or by a lawful order to any officer subordinate
to him and in the case of any duty imposed on such subordinate, a superior
may aid, supplement, supersede or prevent any action of such subordinate by
his own action or that of any person lawfully acting under his command or
authority, whenever the same shall appear necessary or expedient for giving
more complete or convenient effect to the law or for avoiding any infringement
thereof.
23. Persons bound to comply with direction of police officer :– (1)
All persons shall be bound to comply with the reasonable directions given by a
police officer in the discharge of his duties under this Act.
(2) Where any person resists, refuses or fails to comply with any direction
referred to in sub-section (1), a police officer 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 Magistrate 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
24. Framing of regulations for administration of police:– Subject to
previous sanction of the Government, the Commissioner may, by notification,
make regulations, not inconsistent with this Act or any other law for the time
being in force–
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(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 the police force;
(d) 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
(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 ef ficient and
preventing abuse qr neglect of their duties.
25. Discipline and penalties :– (1) The Director General of Police, the
Commissioner, the Additional 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.
26. Police officers when deemed always on duty :– Every police
officer not on leave or under suspension shall, for all purposes of this Act, be
considered to be always on duty and may at any time be employed as police
officer in any part of the State.
27. Police officer not to resign without leave or notice :– 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 of ficer, a notice in writing for a period not
less than two months of his intention to do so.
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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
28. Power to make regulations for regulating traffic and for
preservation of order in public place, etc. :– (1) The Commissioner may,
with the previous sanction of the Government, make regulations to provide for all
or any of the following matters, namely:–
(i) regulating traffic of all kind in streets and the use of streets and
other public places by persons riding, driving, cycling, walking,
leading or accompanying cattle; selling or exposing for sale any
goods, so as to 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 streetand is hoisted or held aloft over any land, building or
structure at such height as may be specified in the regulations,
having regard to the traffic in the vicinity and the likelihood of such
sign, device or representation at that height being a distraction, or
causing obstruction, to such traffic;
(v) specifying certain hour.s of the day during which cattle shall not be
driven, or, as the case may be, driven only in accordance with such
regulations, along the streets, or along certain specified streets;
(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
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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
cleaning 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, wholly or for certain purposes, or
limiting to certain purposes only the use of any source, supply or
receptacle of water and providing against pollution of the same or of
the water therein;
(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 and specifying
in the case of processions, the routes by which the same may
pass, ill order to prevent annoyance, risk, danger or damage to the
residents or people in the 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 structure so as to
obstruct traffic or the free access of light and air;
15
(xvii) prohibiting, except in accordance with such regulations, the placing
of building materials or other articles or the fastening or detention of
any horse or other animals in any street or public place;
(xviii) regulating or , in order to prevent obstruction, inconvenience,
annoyance, risk, danger or damage to the residents or passengers
in the vicinity, prohibiting, -
(a) the illumination of streets and public places and the exterior
of buildings abutting thereon by persons other than servants
of Government or Corporation or other Municipal Officers .
duly authorised in that behalf,
(b) the blasting of rocks, crushing of rocks and stones or making
excavations in or near street or public places,
(c) the using of loudspeaker in or near any public place or in any
place of public entertainment,
(d) sounding of vehicle horns or generating of noise otherwise,
(e) disposal of debris, rubbles, rubbish, refuge, waste, unusable
articles, etc.,
(f) sale, exposure and consumption of food and drinks by
stationary or moving shops and carts for maintenance of
hygiene and cleanliness by them,
(g) exhibition, display and sale of articles by hawkers and street
vendors, and
(h) erection of gates, puja pandals, tents, shamianas in public
places for celebration of functions, festivals or otherwise;
(xix) closing certain streets or places temporarily, in cases of danger
from ruinous buildings or other cause, with such exceptions as
shall appear reasonable;
(xx) guarding against injury to person and property in the construction,
repair and demolition of buildings, platforms and other structures
from which danger may arise to passengers, neighbours or the
public;
(xxi) prohibiting the setting of fire to or burning of any straw other matter,
or lighting a bonfire or wantonly discharging a fire-arm or air-gun, or
letting off or throwing a firework or sending up a fire balloon or rocket
in or upon a street or within fifty feet of a street or building or the
putting up of any post or other thing on the side of or across a street
for the purpose of affixing thereto lamps or other contrivances for
illumination except in accordance with regulations in this behalf;
(xxii) regulating the hours during which and the manner in which any
place for the disposal of the dead, dharmasala, village, gate or other
places of public resort may be used, so as to secure the equal and
appropriate application of its advantages and accommodation and
to maintain orderly conduct amongst those who resort thereto;
16
(xxiii) (a) licensing or controlling places of public amusement or public
entertainment;
(b) prohibiting the keeping of places of public amusement or
public entert ainment or assembly , in order to prevent
obstruction, inconvenience, annoyance, risk, danger or
damage to the residents or passengers in the vicinity; and
(c) regulating the means of entrance and exit at places of public
amusement or public entertainment or assembly and providing
for the maintenance of public order and the prevention of
disturbance thereat;
(xxiv) (a) licensing or controlling, in the interest of public order, decency
or morality or, in the interest of general public (with such
exceptions as may be specified in such regulations), musical,
dancing, mimetic or theatrical or other performances for public
amusement including melas;
(b) regulating, in the interest of public order, decency or morality
or, in the interest of general public, the employment of artists
and the conduct of the artists and the audience at such
performances’;
(c) prior scrutiny, by a Board, appointed by Government for the
purpose (consisting of members being persons who, in the
opinion of the Government, possess knowledge of, or
experience in, literature, theatre and other matters relevant
to such scrutiny), of such performances and of the scripts in
respect thereof, if any, and granting of suitability certificate
therefor subject to conditions, if any , provision for appeal
against the order or decision of the Board to an appellate
authority, its appointment or constitution, its procedure and
other matters ancillary thereto and the fees (whether in the
form of court fee stamps or otherwise) to be charged for the
scrutiny of such performances or scripts, for applications for
obtaining such certificates and for issuing duplicates thereof
and in respect of such appeals, and the performances and
the scripts, in respect of which suitability certificate has been
granted by any other S tate or Union Territory, shall be
exempted from purview of this provision;
(d) regulating the hours during which and the places at which
such performances may be given;
(xxv) regulating or prohibiting the sale of any ticket or pass for admission,
by whatever name called, to a place of public amusement;
(xxvi) registration of eating houses including granting a certificate of
registration in each case, which shall be deemed to be a written
permission required and obtained under this Act for keeping the
17
eating house, and renewal of such registration within a specified
period:
Provided that nothing in this sub-section and no licence or certificate of
registration granted under any regulation made thereunder shall authorise any
person to import, export, transport, manufacture, sell or possess any liquor, or
intoxicating drug in respect of which a licence, permit, pass or authorisation is
required under any law relating to prohibition, which is for the time being in
force.
(2) The Commissioner in an area under his charge may , from time to
time, make regulations prohibiting the disposal of the dead, whether by cremation,
burial or otherwise at places other than those set apart for such purpose and the
regulations so made shall specify the places set apart for disposal of the dead
of different communities or section of communities:
Provided that no such regulations shall be made in respect of any area
for which places have not been so set apart:
Provided further that the Commissioner or any officer authorised by him
in this behalf may, on an application made to him by any person, grant to such
person permission to dispose of the corpse of any deceased person at any
place other than a place so set apart, if in his opinion such disposal is not likely
to cause obstruction to traffic or disturbance of the public peace or is not
objectionable for any other reason.
(3) The Commissioner may also make regulations prescribing the
procedure in accordance with which any license or permission sought to be
obtained or required under this Act shall be applied for and for fixing the fees to
be charged for any such license or permission or renewal thereof.
29. Power to give directions to the public:–  The Commissioner, and
subject to his orders, every police officer not below the rank of an Inspector
may, as occasion may demand, but not so as to contravene any regulation
made under this Act or any law, rule or byelaw referred to in sub-section (4) of
Section 129, give all such orders, either orally or in writing, as may be necessary
to,–
(a) direct the conduct and behaviour or action of persons constituting
processions or assemblies on or along streets;
(b) specify the routes by which and the times at which any such
processions may pass or shall not pass;
(c) prevent obstructions,–
(i) on the occasions of all processions and assemblies,
(ii) in the neighbourhood of all places of worship during the time
of worship, and
(iii) in all cases when any street or public place or place of public
resort may be thronged or likely to be obstructed;
18
(d) keep order on, and in, all streets, and at, and within, public bathing
and washing places, fairs, temples, mosques, gurudwaras, churches
and all other places of public resort or public worship;
(e) regulate and control the playing of music, singing or the beating of
drums, tomtoms and other instruments and the blowing or sounding
horns or other noisy instruments in and near any street or public
place;
(f) regulate and control the use of loudspeakers in residential areas,
streets, near public places and places of public amusement or public
entertainment; and
make reasonable orders consequential to, and in furtherance of,
any orders made under this section.
30. Power to prohibit certain acts for prevention of disorder:– (1) The
Commissioner’ may, in the area under his charge, whenever and for such time
as he shall consider necessary for the preservation of public peace or public
safety, by notification publicly promulgated or addressed to individuals, prohibit
within such area or any part thereof,–
(a) the carrying of arms, cudgels, swords, spears, bludgeons, guns,
knives, sticks or lathis, or any other article which is capable of
being used for causing physical violence;
(b) the carrying of any corrosive substance or explosives;
(c) the carrying, collection or preparation of stones or other missiles or
instruments or means of casting or impelling missiles;
(d) the exhibition of persons or corpses of persons or animals;
(e) the public utterance of cries, singing of songs, or playing of music;
and
(f) the delivery of harangues, the use of gesture of mimetic
representations, and the preparation, exhibition, distribution or
dissemination of pictures, symbols, placards or any other object or
subject which may, in the opinion of the Commissioner, offend against
decency or morality or undermine the communal tranquillity or the
security of the State.
(2) If any person goes armed with any such articles as is referred to in
clause (a) of sub-section (1) or carries any corrosive substance or explosive or
missile or instrument or prepares, exhibits, distributes, disseminates any object
or subject in contravention of any prohibition under that sub-section, the article,
corrosive substance, explosive, missile or object shall be liable to be seized
from him by any police officer.
(3) The Commissioner may, by notification publicly promulgated, prohibit
any assembly or procession whenever and for such time as he considers to be
necessary for the preservation of public order.
(4) No notification promulgated under sub-section (3) shall remain in force
for more than fifteen days from the promulgation thereof:
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Provided that if the Government consider it necessary so to do for the
preservation of public order, it may, by order published in the Gazette, direct
that such notification shall remain in force for such further period, not exceeding
six months from the date on which the notification would have, but for such
order, expired, as it may

Excerpt shown. Open the full act in Lexace.

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