(1) The District Superintendent of Police may, by public notice, temporarily reserve for any public purpose any street or other place, and prohibit the public from entering the area so reserved, except on such conditions are may be specified.
(2) (a) The District Superintendent of Police may authorize any police officer to erect barriers and other necessary structures on public roads and streets, to check vehicles or occupants there of for violation of any legal provisions by them.
(b) In making such order, the District Superintendent of Police shall prescribe the necessary steps for ensuring the safety of passers-by.
(c) These temporary structures shall be remove once the purpose for which they were installed is over.
Saving and control of the Magistrate of the District
96.
Nothing in the preceding sections namely section 90,91,92,93 and 95 shall deem to interfere with the general control of the Magistrate of the District over the matters referred to therein.
Refusal to deliver up
97. Whoever, having ceased to be a police officer, does not forthwith deliver up his/her certificate of appointment, clothing.
38 certificate etc.
on ceasing to be police officer accoutrements and other wherewithal supplied to him for the execution of his duty, shall on conviction by a competent Court of Law, be liable to a fine which may extend to two thousand rupees Dereliction of duty by a police officer
98.
Whoever, being police officer ;
(a) willfully breaches or neglees to follow any legal provision, procedure, rules, regulations applicable to members of the Police Service ; or
(b) without lawful reason, fails to register a First Information Report as required by Section 154 or the Code of Criminal Procedure. 1973; or
(c) is found in a State of intoxication while on duty; or
(d) malingers or feigns illness or injury or voluntarily causes hurt to himself with a view to evading duty; or
(e) uses criminal force against another police officer, or indulges in gross insubordination; shall, on conviction, be punished with imprisonment for a term which may extend to three months or with a fine which may extend upto two thousand rupees or with both Arrest, search, seizure and violence
99.
Whoever, being a police officer,-
(1) without lawful authority or reasonable cause enters or searches, or causes to be entered or searched, any building, vessel, tent or place; or
(2) unlawfully and without reasonable cause seizes the property of any person; or
(3) unlawfully and without reasonable cause detains, searches, or arrests a person; or
(4) unlawfully and without reasonable cause delays the forwarding of any person arrested to a Magistrate or to any other authority to whom he is legally bound to forward such person; or
(5) subjects any person in her/his custody or with whom he may come into contact in the course of duty, to torture or to any kind of inhuman or unlawful personal violence or gross misbehavior; or
(6) holds out any threat or promise not warranted by law;
39 shall, on conviction, be punished with imprisonment for a term which may extend to six months or shall be liable to fine not exceeding two thousand rupees or with both.
Offences by the public
100.
(1) Any person who commits any of the following offences on any road, or street or thoroughfare, or any open place within the limits of any area to which this section has been specially extended by notification by the State Government or a Local Government, to the inconvenience, annoyance or danger of the residents or passers by shall, on conviction by a Court, be liable to a fine which may extend upto two thousand rupees:-
(a) allowing any cattle to stray, or keeping any cattle or conveyance of any kind standing longer than is required for loading or unloading or for taking up or setting down passengers, or leaving any conveyance in such a manner as to cause inconvenience or danger to the public;
(b) being found intoxicated and riotous;
(c) neglecting to fence in or duly protect any well, tank, hole or other dangerous place or structure under his charge or possession; or otherwise creating a hazardous situation in a public place;
(d) defacing, or affixing notices, or writing graffiti on walls, buildings or other structures without the prior permission of the custodian of the property;
(e) willfully entering or remaining without sufficient cause in or upon any building belonging to the Government or land or ground attached thereto, or on any vehicle belonging to Government;
(f) knowingly spreading rumours or causing a false alarm to mislead the police, fire brigade or any other essential service or;
(g) willfully damaging or sabotaging any public alarm system;
(h) knowingly and willfully causing damage to an essential service, in order to cause general panic among the public;
(i) acting in contravention of a notice publicly displayed by the competent authority in any Government building:
40
Provided that the police shall take cognizance of this offence only upon a complaint made by an authorized functionary of the concerned office.
(j) causing annoyance to a woman by making indecent overtures or calls or by stalking:
Provided that the police shall take cognizance of this offence only upon a complaint made by the victim.
(2) It shall be lawful for any police officer to take into custody, without a warrant, whoever commits any of the offences mentioned in sub-section (1).
(3) Whoever commits any offence under sub-section (1), on subsequent conviction shall be liable to enhanced punishment.
Procedure for posting directions and public notices
101.
(1) All general directions, regulations, and public notices issued under this Chapter shall be published by posting notices in the office of the District Magistrate, Revenue Circle, Municipality, . Police Station and Panchayat Office of the local area as well as in the locality affected, by affixing copies in conspicuous places near the building or place to which the notice specially relates, or by announcing it by the beating of drum or by advertising in local newspapers and other media, or by any other means as the Superintendent of Police may deem fit:
Provided that the Superintendent of Police may, on being satisfied that it is in public interest to bring any regulation into force with immediate effect, make such direction or regulation without previous publication.
(2) If any direction or regulation made under this Section relates to any matter with respect to which there is a provision in any law, rule or bylaw of the Corporation or of any other Municipal or Local Authority in relation to public health, convenience or safety of the locality, such regulation shall be subject to such law, rule bylaw.
Prosecution of police officers
102.
No Court shall take cognizance of any offence under this Act when the accused person is a police officer except on a report in writing of the facts constituting such offence by, or with the previous sanction of an officer authorized by the State Government in this behalf.
Prosecution for offences under
103. Subject to the provisions contained in section 300 of the Code of Criminal Procedure, 1973, nothing in this Act shall be construed 41 other laws as preventing any person from being prosecuted and punished under any other law for anything made punishable by this Act.
Summary disposal of certain cases
104.
(1) A Court taking cognizance of an offence punishable under sections 94 and 103 (1) may state, upon the summons to be served to the accused person, that he may, by a specified date prior to the hearing of the charge, plead guilty to the charge by registered letter, and remit to the Court such sum as the Court may specify.
(2) Where an accused person pleads guilty and remits the sum specified in the summons under sub-section (1), no further proceedings in respect of the offence shall be taken against that person.
Recovery of penalties and fines imposed by the Magistrate
105.
Provisions of sections 64 to 70 of the Indian Penal code, 1860 and sections 386 to 389 of the Code of Criminal Procedure. 1973 shall apply to penalties and fines imposed under this Act on conviction before a Magistrate:
Provided that notwithstanding anything contained in section 65 of the Indian Penal Code, 1860. any person sentenced to fine under Sections 94 and 100 (1) of this Chapter may be imprisoned in default of payment of such fine, for any period not exceeding eight days.
Central Act No.
45 of 1860 and Act no 2 of 1974 Limitation of actions
106.
No Court shall take cognizance of any offence under this Chapter after the expiry of the period of limitation provided for in Section 468 of the Code of Criminal Procedure, 1973. For computing the limitation period, provisions of Chapter XXXVI of the Code of Criminal Procedure shall apply.
CHAPTER X Miscellaneous Powers of District Superintendent of Police to be exercised by the Commissioner of Police
107.
All powers, functions and duties of the District Superintendent of Police described in this Act shall be exercised, in respect of areas notified under section 7 of Chapter II by the Commissioner of Police or any other officer authorized in this behalf.
Disposal of fees and rewards.
108.
All fees paid for licenses or written permission issued under this Act, and all sums paid for the service of processes by the police officers and all rewards, forfeitures mid penalties or shares thereof which are by law payable to police officers as informers 42 shall, save in so far as any such fees or sums belong under the provisions of any enactment in force to any local authority, be credited to the State Government.
Method of proving orders and notifications
109.
Any order or notification published or issued by the State Government or by a Magistrate or officer under any provision of this Act, and the due publication or issue thereof may be proved by the production of a copy thereof in the Official Gazette, or of a copy thereof signed by such Magistrate, or officer, and by him certified to be a true copy of an original published or issued according to the provisions of this section of the Act applicable thereto.
Validity of rules and orders
110. No rule, regulation, order, direction, or notification made or published and no adjudication, inquiry or act done under any provision of this Act, or under any rules made there under, which is substantial conformity with the same, shall be deemed illegal, void or invalid by reason of any defect of form.
Officers holding charge of or succeeding to vacancies competent to exercise powers
111.
Whenever in consequence of the office of a Commissioner, Magistrate or police officer becoming vacant, any officer holding charge of the post of such Commissioner, Magistrate, or police officer or succeeds, either temporarily or permanently, to his office, such officer shall be competent to exercise all the powers and perform all the duties respectively conferred and imposed by this Act on such Commissioner, Magistrate or police officer, as the case may be.
Licences and written permissions to specify conditions, and to be signed
112.
(1) Any licence or written permission granted under the provisions of this Act shall specify the period and locality for which and the conditions and restrictions subject to which, the same is granted, and shall be given under the signature of the competent authority and such fee shall be charged there on as may be prescribed by the rules under this Act in that behalf.
(2) Any licence or written permission granted under this Act may at any time be suspended or revoked by the competent authority, if any of its conditions or restrictions is infringed or evaded by the person to whom it has been granted, or if such person is convicted of any offence in any matter to which such licence or permission relates.
(3) When any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the person to whom the same was 43 granted shall for all purposes of this Act, be deemed to be without a licence or written permission until the order for suspending or revoking the same is cancelled, or until the same is renewed, as the case may be.
(4) Every person to whom any such licence or written permission has been granted, shall, while the same remains in force, at all reasonable time, produce the same, if so required by a police officer.
Explanation: For the purpose of this Section any such infringement or evasion by, or conviction of, a servant or other agent acting on behalf of the person to whom the licence or written permission has been granted shall be deemed to be infringement or evasion by, or as the case may be, conviction of the person to whom such licence or written permission has been granted.
Public notices how to be given
113.
Any public notice required to be given under any of the provisions of this Act shall be in writing under the signature of a competent authority and shall be published in the locality to be affected thereby, by affixing copies thereof in conspicuous public places, or by proclaiming the same with beat of drums, or by advertising 'the same in such local newspapers - English or regional language or Hindi - as the said authority may deem fit, or by any or more of these means and by any other means it may think suitable:
Provided that the competent authority may, on being satisfied that it is in public interest to bring any regulation into force with immediate effect, make such direction or regulation without previous publication.
Consent of a competent authority may be proved by writing under his signature
114.
Whenever under this Act, the doing or the omitting to do anything or the validity of anything depends upon the consent, approval, declaration, opinion or satisfaction of a competent authority, a written document signed by a competent authority purporting to conveyor set forth such consent, approva1, declaration, opinion or satisfaction shall be sufficient evidence thereof.
Power to make rules
115.
(1) The State Government may make rules for carrying out the purposes of this Act:
Provided that the Assam Police Manual for the time being in force in the State of Assam shall be treated as rules under this Act unless any provision thereof is found inconsistent with this Act, till replaced, modified or 44 amended as the case may be, by an another rules to be made under the provisions of this Act.
(2) All rules made by the State Government under this Act shall, as soon as may be after they are made, be laid before the Assam Legislative Assembly, while it is in session, for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions, and shall, unless some later date is appointed, take affect from the date of their publication in the Official Gazette subject to such modifications or annulments as the Assam Legislative Assembly may, during the said period agree to make, so however, that any such modifications or annulments shall be without prejudice to the validity of anything previously done there under.
Power to remove difficulties
116.
If any difficulty arises in giving effect to the provisions of this Act the State Government may, by notification in the Official Gazette, make such provisions as it deems necessary or expedient for removing the difficulty.
Repeal and Saving
117.
(1) The Police Act 1861 (Act V of 1861), in its application to the State of Assam, is hereby repealed.
(2) Notwithstanding such repeal, anything done or purported to be done or any action taken or instituted under the Act so repealed and the rules made there under shall, be deemed to have been validly done or taken under the corresponding provisions of this Act.
(3) All references in any enactments to any of the provisions of the Act so repealed shall be construed reference to the provisions of this Act.
.
ASSAM ACT NO. XX OF 2007 (Received the assent of the Governor on 30th August, 2007) THE ASSAM POLICE ACT, 2007 .