1 APPENDIX 8 1THE BOMBAY POLICE ACT, 1951 [Bombay Act No. XXII of 1951]2 [11th June, 1951] An Act to consolidate and amend the law for the regulation of the Police Force in the State of Bombay Whereas it is expedient to amalgamate the District and Greater Bombay Police Forces 3[and the Police Forces of the Saurashtra, Kutch and Hyderabad areas, and of the Vidarbha regions], of the State of Bombay into one common Police Force and to introduce uniform methods regarding the working and control of the said Force throughout the State; And whereas it is necessary to consolidate and amend the law relating to the regulation of the said Force and the exercise of powers and performance of functions by the State Government and by the members of the said Force for the maintenance of public order. And whereas it is necessary to provide for certain other purposes hereinafter appearing. It is hereby enacted as follows:
CHAPTER I Preliminary
1. Short title, extent and commencement. (1) This Act may be called the Bombay Police Act, 1951.
4[(2) It extends to the whole of the State of 5[Maharashtra].]
6[(3) It shall come into force 7[in the pre-Re-organisation State of Bombay] on such date as the State Government may, by notification in the official Gazette, 8[specify in this behalf. and in that part of the State to which it is extended by the Bombay Police (Extension and Amendment) Act, 1959 (Bombay XXXIV of 1959), it shall come into force on such other date as that Government may, by like notification. specify).] .
Gujarat Amendment In sub- section (2) of Sec. 1 for "Bombay" substituted "Gujarat". 9 1 For Statement of Objects and Reasons. see Bombay Government Gazette, 1950, Part V, page 324 ; for Report of the Select Committee, see ibid, 1951, Part V, pages 34-88.
2 This Act was extended to that part of the State of Bombay to which immediately before the commencement of Bom 34 of 1959, it did not extend (Vide Bom 34 of 1959, Sec 2).
3 These words were substituted for the words “in the State of Bombay” by Bom 34 of 1959, Sec 3.
4 This sub-section was substituted for the original, ibid, See 4 (1).
5 This word was substituted for the word “Bombay” by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
6 Sub-section (3.) shall remain unmodified, vide ibid.
7 These words were inserted, ibid, Sec 4 (2).
8 These words were substituted for the words "specify in this behalf", ibid, See 4 (2).
9 Vide Gujarat Adaptation of laws (State and Concurrent Subjects) Order, 1960.
2
2. Definitions. In this Act, unless there is anything repugnant in the subject or context-
(1) "cattle" includes elephants, camels, horses, asses, mules, sheep, goats and swine;
(2) “Corporation” means a Corporation constituted under 1[* * *] (Bom. III of 1888) the Bombay Provincial Municipal Corporations Act, 1949 (Bom. LlX of 19-9), 2[* * *];
(3) the expression “competent authority” when used with the reference to the exercise of performance of any power, duty or function, under the provisions of this Act (C. P. & Berar II of 1950), means-
(a) in relation to 3[to any area] for which a Commissioner of Police is appointed under Sec. 7, the Commissioner;
(b) in relation to the areas other than those referred to in Cl. (a) the District Magistrate or the District Superintendent or the Additional Superintendent when especially empowered in that behalf by the State Government] ;
4[(c) in relation to a revenue division, the Revenue Commissioner;]
(4) “constable” means a police officer of the lowest grade;
(5) "district" means a territorial division constituting a district for the purposes of the Code of Criminal Procedure, 1898 (V of 1898), but does not include 5[any area for which a Commissioner of Police has been appointed under Sec. 7];
6[5-A "eating-house" means any place to which the public are admitted, and where any kind of food or drink is supplied for consumption on the premises by any person owning or having an interest in or managing such place, and includes a refreshment-room, boarding-house, coffee-house or a shop where any kind of food or drink is supplied to the public for consumption in or near such shop but does not inc1ude “a place of public entertainment.”]
(6)“Inspector-General, 7[Special Inspector-General], “Additional Inspector-General”, “Commissioner”, “Deputy Inspector-General”, “Deputy Commissioner”, “Assistant Commissioner”, ‘District Superintendent’, “Additional Superintendent”, “Assistant Superintendent” and “Deputy Superintendent” means respectively the Inspector-General of Police 8a Special Inspector-General of Police], 9[an Additional Inspector-General of Police], a Commissioner of Police including an Additional Commissioner of Police, a Deputy Inspector- General of Police,10[(including the Director of Police Wireless and Deputy Inspector-General of Police appointed under Sec. 8-A)] a Deputy Commissioner of Police an Assistant Commissioner of Police, a District Superintendent of Police 11[(including a Superintendent of Police appointed under Sec. 8-A or 22-A)], an Additional Superintendent of Police, an Assistant Superintendent of Police and a Deputy Superintendent of Police appointed or deemed to be appointed under this Act;
1 The words "the Bombay Municipal Corporation Act, or" were deleted by the Maharashtra Adaptation of Laws State and Concurrent Subjects), Order, 1960.
2 The words "or the City of Nagpur Corporation Act, 1948" were deleted, ibid.
3 These words were substituted for the words "Greater Bombay, and other areas", ibid .
4 Ins by Maharashtra Act II of 1960.
5 This portion was substituted for the words "Greater Bombay" by Bom 56 of 1959, Sec 3, Schedule.
6 Ins by Maharashtra Act No II of 1969.
7 Ins by Maharashtra Act XXIV of 1971.
8 Ins by Maharashtra Act XXIV of 1971.
9 Subs by Maharashtra Act 38 of 1961.
10 Ins by Mah Act XXIV of 1971 11 These words were substituted for the words "Greater Bombay, and other areas" by Mah Act 38 of 1961.
3 1[(7) "municipality" means a municipality or municipal borough established under any law for the time being in force in any part of the State, but does not include a Municipal corporation] ;
2[(7-A) "Municipal Corporation", in relation to the Municipal Corporation of the City of Nagpur, means the Chief Executive Officer by whatever name called ;)
(8) "place'" includes a building, a tent, a booth or other erection, whether permanent or temporary, or any area whether enclosed or open;
(9) "place of public amusement" means any place where music, singing dancing, or any diversion or game, or the means of carrying on the same, is provided and to which the public are admitted either on payment of money or with the intention that money may be collected from those admitted and includes a race course, circus, theatre, music hall, billiard room, bagatelle room, gymnasium, fencing school, swimming pool or dancing hall;
3[(10) "place of public entertainment" means a lodging-house. boarding and lodging-house or residential hotel, and includes any eating-house in which any kind of liquor or intoxicating drug is supplied (such as a tavern, a wine shop, a beer shop or spirit, arrack, toddy, ganja, bhang or opium shop) to the public for consumption in or near such place ;]
(11) "Police officer" means any member of the Police Force appointed or deemed to be appointed under this Act, and includes a special or an additional Police officer appointed under Sec. 21 or 22;
(12) “prescribed” means prescribed by rules:
(13) “public place” include the foreshore, the precincts of every public building or monument, and all places accessible to the public for drawing water, washing or bathing or for the purpose of recreation;
4[(13-A) “Revenue Commissioner” means the Commissioner of a division appointed under Sec. 6-A of the Bombay Land Revenue Code, 1879 (Bom. V of 1879):
(14) “rules” means made under this Act;
(15) “street” includes any highway, bridge, way over a causeway, viaduct arch, quay or wharf or any road, lane, footway, square, court, alley or passage accessible to the public, whether a thoroughfare or not;
(16) “Subordinate ranks” means members of the Police Force below the rank of the Inspector;
(17) “vehicle”means any carriage, cart, van, dray, truck, hand-cart or other conveyance of any description and includes a bicycle, a tricycle, a rickshaw, an automatic car, a vessel or an aeroplane.
1 This clause was substituted for the original, ibid, Sec 5 (4).
2 Clause (7A) was Ins by Bombay Act 34 of 1959.
3 Subs by Maharashtra Act II of 1969.
4 This clause was inserted by Bom 8 of 1958, Sec 3, Schedule.
4 Gujarat Amendment In Sec. 2 of Cl, (2), omit “the Bombay Municipal Corporation Act or” and “or the City of Nagpur Corporation Act, 1948”.
In Cl. 3, for “Greater Bombay, and other areas” substitute “to any area”.
In Cl (5), omit “ but does not include Greater Bombay”.
In Sec. 2, omit Cls. (5-A) and 7(7-A).1 In Sec. 2, Cl. (13-A) shall be deleted.2
CHAPTER II Superintendence, control and organization of the Police Force
3. One Police Force for the 3[whole of the 4[State of Maharashtra]. There shall be one police force for the 3[State of Maharashtra];
Provided that the members of the Police Forces constituted under any of the Acts mentioned in Schedule I, immediately before the coming into force of this Act 5[in the relevant part of the State] shall be deemed to be the members of the said police Force.
Gujarat Amendment In Sec. 3 for “State of Bombay” substitute “State of Gujarat.”6
4. Superintendence of Police Force to vest in the State Government. The Superintendence of the Police Force throughout 7[the 8State of Maharashtra] vests in and is exercisable by the State Government and any control, direction or supervision exercisable by any officer over any member of the Police Force shall be exercisable subject to such superintendence.
Gujarat Amendment:
In Sec. 4 for “State of Bombay” substitute “State of Gujarat.”9
5. Constitution of Police Force. Subject to the provisions of this Acta) The Police Force shall consist of such number in the several ranks and have such organization and such powers, functions and duties as the State Government may by general or special order determine;
b) The recruitment, pay, allowances and all other conditions of service of the Police Force shall be such as may from time to time be determined by the State Government may by general or special order;
Provided that – 1 Vide Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
2 Vide Gujarat Act 15 of 1964, Sec 4 and Sch.
3 These words were substituted for the words “whole of the State” by Bom 34 of 1959, Sec 6.
4 These words were substituted for the words “State of Bombay” by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
5 These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960, Sec. 6.
6 Vide Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
7 These words were substituted for the words “the State”, by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960, Sec. 7.
8 These words were substituted for the words “State of Bombay” by ibid.
9 Vide Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
5 1(i) the rules and orders governing the recruitment, pay, allowances and other conditions of service of the members of the Police Force constituted under any of the Acts mentioned in Part I or II of Sch. I and deemed to be the members of the Police Force under Sec. 3, shall continue in force until altered or cancelled under Cl. (b); but in the case of members of the Police Force constituted under any of the Acts mentioned in Part II or that Schedule such alteration or cancellation shall be subject to the proviso to sub-section (7) of Sec. 115 of the State Reorganisation Act, 1956 (XXXVII of 1956);
(ii) nothing in this clause shall apply to the recruitment, pay, allowances and other conditions of service of the members of the Indian Police and Indian Police Service.
6. Inspector-General, Additional and Deputy Inspector General. (1) For the Direction and supervision of the Police Force, the State Government shall appoint an Inspector-General of Police who shall exercise such powers and perform such functions and duties and shall have such responsibilities and such authority as may be provided by or under this Act or orders made by the State Government.
(2) (a) The State Government may appoint 2[one or more Special Inspector-General of Police] 3[one or more Additional Inspectors-General] and one or more Deputy Inspectors-General of Police.
(b) The State Government may direct that any one of the powers, functions, duties and responsibilities and the authority of the Inspector-General may be exercised, performed or discharged as the case, may be, by 4[a Special Inspector-General or] 5[an Additional Inspector-General] or a Deputy Inspector-General.
(c) The State Government may also by a general or special order direct that [a Special Inspector-General or] [an Additional Inspector–General] or Deputy Inspector–General shall assist and aid the Inspector-General in the performance, exercise and discharge of his powers, functions, duties, responsibilities and authority in such manner and to such extent as may be specified in the order.
6[N. B.- Retrospective effect to Secs. 2 to 6 and indemnity of officers, etc.
(1) The amendments made to the principal Act by Secs. 2 to 6 (both inclusive) of this Act shall be deemed to have been made and come into force on the 20the day of November, 1963.
(2) All acts done in good faith by any police officer, or Additional police officer, Veterinary Officer or Magistrate in pursuance or intended pursuance of the powers conferred on him by Secs. 73 to 77 (both inclusive) of the principal Act as amended by this Act during the period from the 20th November, 1963 to the date of commencement of Bombay Police (Amendment) Act, 1964 shall be deemed to be and always be deemed to have been validly done, and no such acts shall be deemed to be invalid or called in question on the ground only that the said powers in purported exercise of which the said acts were done were not at the time when the said acts were done lawfully vested in him, and all such officers and Magistrates are hereby indemnified and discharged from civil and criminal liability in respect of such acts.]
1 This sub-clause was substituted for the words “the State”, by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
2 Ins. By Mah Act XXIV of 1971.
3 Subs by Maharashtra Act 38 of 1961.
4 Ins by Mah Act XXIV of 1971.
5 Subs by Maharashtra Act 38 of 1961.
6 Ins by Maharashtra Act 24 of 1964.
6
7. Commissioner. (a) The State Government may appoint a police officer to be the Commissioner of Police of Greater Bombay for any area specified in a notification issued by the State Government in this behalf and published in the official gazette.
(b) The State Government 1[may also appoint an additional Commissioner of Police for the areas] specified in Cl. (a).
(c) 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 as may otherwise be directed by the State Government by general or special order:
Provided that the State Government may direct that any of the powers, functions, duties, responsibilities or authority exercisable or to be performed or discharged by the Commissioner, shall be exercised, performed or discharged subject to the control of the Inspector-General:
Provided further that the area for which a Commissioner has been appointed under the section shall not, unless otherwise provided by or under this Act, to be under the charge of the District Magistrate or the District Superintendent or any of the purpose of this Act, notwithstanding the fact that such area form part of a district within the territorial jurisdiction for which a District Magistrate or a 2[Superintendent] may have been appointed.
Gujarat Amendment:
In Sec. 7 in Cl. (a), for “Greater Bombay or any other” substitute “any”. 3
8. Appointment of [Superintendent and] Additional, Assistant and Deputy Superintendents. (1) The State Government may appoint for each District or for a part of a district or for one or more Districts [a Superintendent of Police] and one or more Additional, Assistant and Deputy Superintendents of Police, as it may think expedient.
(2) The State Government may by a general or special order, empower an Additional Superintendent to exercise and perform in the district for which he is appointed or in any part thereof, all or any of the powers, functions or duties to be exercised or performed by a [Superintendent] under this Act or under any law for the time being in force.
(3) The District Superintendent may, with the previous permission of the State Government delegate any of the powers and functions conferred on him by or under this Act to an Assistant or Deputy Superintendent;
4[Provided that, the powers, to be exercised by the Superintendent of making, altering or rescinding any rules under Sec. 33 shall not be delegated to an Assistant or Deputy Superintendent.]
Gujarat Amendment:
In Sec. 8 of the Bombay Police Act, 1951 in Sub-section (3), for the words “conferred on him by or under this Act to an Assistant or Deputy Superintendent”, the words “conferred on him by or under this Act, except the power to make, alter or rescind rules or orders under Sec. 33, to an Assistant or Deputy Superintendent” shall be substituted.5 1 Subs by Mah Act 61 of 1974 (wef 4-11-1974).
2 Subs by Mah Act 46 of 1962, Sec 3.
3 Vide Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
4 Added by Maharashtra Act No. XIII of 1965.
5 Vide Gujarat Act 16 of 1978, Sec 2 (wef 3-3-1978).
7 1[8-A.] 2(Appointment of Director of Police Wireless and Superintendent], Assistant and Deputy Superintendents for Wireless System, Motor Transport System or any specific duty. (1) The State Government may appoint for the whole of the State or for any part thereof- 3[(i) one or more Directors of Police Wireless and Deputy Inspector General of Police for the Police Wireless System (hereinafter referred to as “the Director of Police Wireless)as it thinks fit; and
(ii) one or more Superintendents of Police and Assistant and Deputy Superintendent of Police as it thinks fit].
a) For the Police Wireless System;
b) For Police Motor Transport System; or c) For the performance of such specified duties as the State Government may from time to time determine in this behalf.
(2) 4[Any Director of Police Wireless and Superintendent] appointed shall exercise such powers and perform such functions as the State Government may from time to time 5[assign to each of them]. [The Director may, with the previous permission of the State Government, delegate any of the powers and functions conferred on him by or under this Act to a Superintendent, or to an Assistant or deputy Superintendent and the Superintendent may, subject to the like previous permission, delegate such powers and functions to an Assistant or Deputy Superintendent:]
Provided that the powers and functions aforesaid shall be exercised or performed by 6[the District Superintendent or Assistant or Deputy Superintendent, subject to the control of Inspector-General.]
Gujarat Amendment:
In Sec. 8-A for “State of Bombay” substitute “State of Gujarat”. 7 8[9. Appointment of Principals of Police Training Institutions. (1) The State Government may appoint any Police officer not below the rank of Superintendent to be the Principal of the Police Training College, Nasik, or any other Police Training College established by it. The State Government may assign to each of the Principals aforesaid, such powers, functions and duties, as it may think fit.
(2) The State Government may appoint any Police Officer not below the rank of an Assistant or Deputy Superintendent to be the Principal of any Police Training School, established by it. An officer (not below the rank of a Deputy Inspector-General) authorized by the State Government in that behalf, may, subject to the control of the State Government, assign to each Principal so appointed such powers, functions and duties as he may think fit.]
Gujarat Amendment:
(1) In Sec. 9 for “the Central Police Training School, Nasik or any other” substitute “any”. 9
(2) In Sec. 9, for the words “Principal of any Police Training School”, the words “Principal of any Training College or School” shall be substituted.10 1 Subs by Maharashtra Act 28 of 1964.
2 Subs by Mah Act XXIV of 1973.
3 Subs by Mah Act XXIV of 1971.
4 Subs by Mah Act XXIV of 1971.
5 Subs by ibid.
6 Subs by ibid.
7 Vide Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
8 Subs by Maharashtra Act 28 of 1964.
9 Vide Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
10 Vide Gujarat Act 16 of 1978, Sec. 3 (wef 3-3-1978).
8
10. Deputies 1[* * *] to Commissioner. (1) The State Government may appoint one or more Deputy Commissioners and one or more Assistant Commissioners of Police 2[* * *] in any area in which a Commissioner has been appointed under Cl. (a) of Sec. 7.
(2) Every such Deputy or Assistant Commissioner shall, under the orders of the Commissioner, exercise and perform any of the powers, functions and duties of the Commissioner to be exercised or performed by him under the provision of this Act or any other law for the time being in force in accordance with general or special orders of the State Government made in this behalf:
Provided that the powers to be exercised by the Commissioner 3[of making, altering or rescinding rules under Sec. 33] shall not be exercisable by a Deputy 2[* * *] Commissioner.
Gujarat Amendment:
In Sec. 10 omit “in Greater Bombay or”. 4
11. 5[6[Assistant Commissioner within jurisdiction of Commissioners]. (1) The State Government may appoint 7[for any area for which a Commissioners of police has been appointed under Sec. 7) such number of Superintendents of Police as it may think expedient.
(2) 8[An Assistant Commissioner] appointed under sub-section (1) shall exercise such powers and perform such duties and functions as can be exercised or performed under the provisions of this Act or other law for the time being in force or as are assigned to him by the Commissioner under the general or special orders of the State Government:
Provided that the powers to be exercised by the Commissioner 9[of making, altering or rescinding rules under Sec. 33] shall not be exercisable by the [Assistant Commissioner].
12. Constitution of divisions and sections . (1) Subject to the control of the State Government, the Commissioner 10[for any area] shall, if he thinks fit-
(a) constitute 11[within the area under his charge], Police divisions,
(b) sub-divide the same into sections, and
(c) define the limits and extent of such divisions and sections.
(2) Officers-in-charge of divisions and sections. Each such division shall be in charge of an 12[Assistant Commissioner] and each section shall be in charge of an Inspector of Police.
13[12.A. Inspectors . Subject to the general or special orders of the State Government the Commissioner for the area for which he is appointed and the Inspector-General for other areas shall appoint 1 Omitted by Mah Act 46 of 1962, Sec 3 and Sch.
2 The words “in Greater Bombay or” were deleted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
3 These words and figures were substituted for the words and figures “under Sec 13 or 33” by Bom 57 of 1954, Sec 3.
4 Vide Gujarat Adaptation of Laws (State and Concurrent Subjects), Order, 1960.
5 This marginal note was substituted for the original by Bom Act 56 of 1959, Sec 3.
6 Subs by Mah Act 46 of 1962, See 3 and Sch.
7 The words were substituted for the words “for Greater Bombay” by Bom Act 56 of 1959, Sec 3, Schedule.
8 Subs by Mah Act 46 of 1962, Sec 3 and Sch.
9 These words and figures were substituted for the words and figures "under Sec 13 or 33" by Bom Act.1 of 1956, Sec. 2.
10 These words were substituted for the words "for Greater Bombay" by Bom 56 of 1959. Sec 3, Schedule.
11 These words were substituted for the words "within the Greater Bombay" ibid.
12 Subs by Mah Act 46 of 1962 Sec 3 and Sch.
13 Section 12-A was inserted by Bom 28 of 1954, Sec 2.
9 Inspectors].
13. Inspector-General and Commissioner to exercise the power of First Class Magistrate and Presidency Magistrate]. Deleted by Bom. XXI of 1954. Second Sch.
14. Certificate of appointment. (1) Every Police officer 1[* * *] 2[of the grade of Inspector or below], shall on appointment receive a certificate in form provided in Schedule II. The certificate shall be issued under the seal of such officer as the State Government may, by general or special order direct.
(2) A certificate of appointment shall become null and void whenever person named therein ceases to belong to the Police Force or shall remain inoperative during the period within which such person is suspended from such force.
15. Effect of suspension of Police officer. The powers, functions and privileges vested in a police shall remain suspended whilst such Police officer is under suspension from office:
Provided that notwithstanding such suspension, such person shall not cease to be a Police officer and shall continue to be subject to the control of the same authorities to which he would have been, if he was not under suspension.
16. General powers of Commissioner and [Superintendent]. The Commissioner, subject to the orders of the Inspector-General and the [Superintendent], subject to the orders of the Inspector-General and the District Magistrate, shall, within their respective spheres 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 or the fulfilment of their duties by the Police Force under him.
17. Control of District Magistrate over Police Force in district. (1) The 3[Superintendent] and the Police Force of a district shall be under the control of the District Magistrate.
(2) In exercising such control the District Magistrate shall be governed by such rules and orders as the State Government may make in this behalf 4[and shall be subject to the lawful orders of the Revenue Commissioner].
Gujarat Amendment :
In Sec. 17, in sub-section (2), the words “and shall be subject to the lawful orders of the Revenue Commissioner” shall be deleted.5
18. Power of District Magistrate to require reports from [Superintendent]. The District Magistrate may require from the [Superintendent] reports, either particular or general, or any matter connected with the crimes, habitual offenders, the prevent on of disorder, the regulation of a assemblies and amusements, the distribution of the Police Force, the conduct and character of any Police officer subordinate to the [Superintendent], the utilization of auxiliary means and al1 other matters in furtherance of his control of the Police Force and the maintenance of order.
1 The words “of and” were deleted by Bom 20 of 1953, Sec 3.
2 These words were substituted for the words “below the grade of Inspector” by Bom 28 of 1954, Sec. 3.
3 Subs by Mah Act 46 of 1962, Sec. 3, Sch.
4 These words were added by Bom Act 8 of 1958, Sec. 3, Schedule.
5 Vide Gujarat Act 15 of 1964. Sec. 4 and Sch.
10
19. Power of supervision by district Magistrates. If the District Magis trate observes any marked incompetence or unfitness for the locality or for his particular duties in any Police officer subordinate to the [Superintendent], he may require the [Superintendent] to substitute another officer for any officer whom he has power to transfer and the [Superintendent] shall be bound to comply with the requisition:
Provided that if the Police officer concerned is an officer 1[of a grade higher than that of an Inspector] the District Magistrate may report his conduct to the Inspector-General. The Inspector-General may, thereafter, determine the action to be taken and pass such orders as he thinks fit, and shall communicate such action or order to the District Magistrate.
20. Power of Inspector-General and Commissioner to investigate and regulate matters of Police accounts. The Inspector-General, throughout the 2[State] and the Commissioner in the area for which he is appointed, shall, subject to the orders of the State Government, have authority to investigate and regulate all matters of account connected with the Police in the [State] or in the area, as the case may be, and all persons concerned shall be bound to give him reasonable aid and facilities in conducting such investigations and to conform to his orders consequent thereto.
21. Special Police officers. (1) The Commissioner, the District Superintendent, or any Magistrate 3[* * * * * *] specially empowered in this behalf by the State Government, may, at any time by a written order signed by himself and sealed with his own seal, appoint any able bodied male person between the ages of 18 and 50, 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 within the limits of his charge and he is of opinion that the ordinary Police Force is not sufficient for the protection of the inhabitants and for the security of property.
(1) Every special Po1ice officer so appointed shall on appointment -
(a) receive a certificate in a form approved by the State Government in this behalf.
(b) have the same powers, privileges and immunities and be liable to the same duties and responsibilities and be subject to the same authorities as an ordinary Police officer.
22. Appointment of additional Police. (1) Additional Police officers of such rank or grade for such time and on such pay as the authority specified or under the provisions of this Act in that behalf may determine, may be employed or deputed for the purpose stated in such provisions.
(2) Every additional Police officer appointed shall, on appointment, -
(a) receive a certificate in a form approved by the Stale Government in this behalf,
(b) be vested with all or such of the powers, privileges and duties of a Police officer as are specially mentioned in the certificate, and
(c) be subject to the orders of the Commissioner or the 4[Superintendent,] as the case may be.
(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 be recovered in such matter as is provided by or under this Act of under any other law for the time being in force.
1 These words were substituted for the words “of the grade of the Inspector of a higher grade” by Bom Act 28 of 1954, Sec.
4.
2 These words were substituted for the words “pre-Reorganisation State of Bombay excluding the transferred territories” by Bom Act 34 of 1954, Sec. 11.
3 The words “not lower in rank than that of second class”, were deleted by Bom Act 21 of 1954, Sec. 3, Second Sch.
4 Subs by Mah Act 46 of 1962 Sec 3 and Sch.
11 1[22-A. Appointment of Railway Police. (1) The State Government may, by notification in the official Gazette, create one or more special police district embracing such railway areas in the State as it may specify, and appoint a Superintendent of Police, 2[one or more Assistant and Deputy Superintendent] and such other Police officers for each such special districts as it may think fit.
(2) Subject to the control of the Inspector-General, such police officers shall discharge police functions connected with the administration of railways situated within their respective charges, and such other functions as the State Government may from time to time assign to them.
(3) Any member of the said Police Force whom the State Government shall generally or specially empowered to act under this sub-section may, subject to any orders which the Government may make in this behalf, exercise within the special district or any part thereof, any of the powers of an officer in charge of a police station in that district, and when so exercising such powers shall, subject to any such order as aforesaid, be deemed to be an officer in charge of the police station discharging the functions of such officer within the limits of his station.
(4) Subject to any general or special orders which the State Government may make in this behalf, such police officers shall, in the discharge of their functions, be vested within every part of the State with the powers and privileges and be subject to the liabilities of police officers under this Act or any other law for the time being in force.
3(5) The Superintendent of Police may, with the previous permission of the State Government, delegate any of the powers and functions conferred on him by or under this Act to an Assistant or Deputy Superintendent].
CHAPTER III Regulation, Control and Discipline of the Police Force
23. Framing of rules for administration of the Police. Subject to the orders of the State Government the Commissioner in the case of the Police Force allocated to Greater Bombay and other areas for which he bas been appointed and the Inspector-General in the case of the Police Force allocated to other areas, may make rules or orders not inconsistent with this Act or with any other enactment for the time being in force-
(a) regulating the inspection 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 institution, management and regulation of any Police fund for any purpose connected with police administration;
(e) regulating, subject to the provisions of Sec. 17, 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 1 This section was inserted by Bom Act 34 of 1959, See 12.
2 Ins by Maharashtra Act 28 of 1964.
3 Ins by Maharashtra Act 28 of 1964.
12 duties:
(g) regulating the collection and communication by the Police of intelligence and information;
(h) generally, for the purpose of rendering the Police efficient and preventing abuse or neglect of their duties.
Gujarat Amendment:
In Sec. 23, omit “Greater Bombay and other”. 1
24. Inspector- General or Commissioner may call for returns. (l) The Inspector-General may, subject to the rules and orders of the State Government, call for such returns, reports and statements on subject connected with the suppression of crime, the maintenance of order and the performance of their duties as his subordinates may be able to furnish to him. The Inspector-General shall communicate to the District Magistrate 2[and the Revenue Commissioner] any general orders issued by him for the purposes aforesaid or in consequence of the information furnished to him, and also any orders which the State Government may direct.
(2) The Commissioner may subject as aforesaid with reference to the area under his charge, call for such reports, returns and statements as are provided for in sub-section (1).
1 Vide Gujarat Adaptation of Laws (State and Concurrent Subjects Order, 1960.
2 These words were inserted by Bom 8 of 1958, Sec 3. Schedule.
13 Gujarat Amendment:
In Sec. 24, in sub-section (1). the words “and the Revenue Commissioner” shall be deleted.1
25. Punishment of the members of the subordinate ranks of the Police Force departmentally for neglect of duty etc. (1) The State Government or any officer authorised by sub-section (2) in that behalf may suspend, reduce, dismiss or remove 2[an Inspector or] any member of the subordinate ranks of the Police Force whom he shall think cruel, perverse, remiss or negligent in the discharge of his duty or unfit for the same, and may fine in an amount not exceeding one month's pay, any member of the subordinate ranks of the Police Force, who is guilty of any breach of discipline or misconduct or any act rendering him unfit for the discharge of his duty, which does not require suspension or dismissal.
(2) Punitive powers of Inspector-General, Commissioner, Deputy Inspector-General 3[including Director of Police Wireless] and 4[Superintendent] and 5(Principal of Training Institute.)
(a) The Inspector-General, the Commissioner and the Deputy Inspector-General 6[(including the Director of Police Wireless) shall have authority to punish 7[an Inspector or] any member of the subordinate ranks under sub-section (1), A 5[Superintendent] shall have the like authority in respect of any Police officer subordinate to him below the grade of Inspector 8[and may suspend an Inspector who is subordinate to him pending inquiry into a complaint against such Inspector and until an order of the Inspector-General or Deputy Inspector-General 4[(inc1uding the Director of Police Wireless) can be obtained].
(b) The Principal of 9[a Police Training College] shall also have the like authority in respect of any member of the subordinate ranks of the Police Force below the grade of inspector 10[undergoing training at 11[such College] or] serving under him, and in respect of head constables and constables belonging to the Police Force of 12[the District in which [such college] is situate] or of any other district all attached to [such school] for duty under him, 13[He may also suspend an Inspector who is 14[undergoing training at [such college or] subordinate to him pending inquiry into a complaint against such Inspector and until an order of the Inspector-General or Deputy Inspector General can be obtained.]
15(ba) The Principal of a Police Training School shall have authority to impose a punishment of reduction and fine in the like circumstances and to the like extent, for the demeanors, mentioned in sub-section (1) on any head constable and constable undergoing training at such school or serving under him, or attached to such school for duty under him.]
1 Vide Gujarat Act 15 of 1964, Sec 4 and Sch.
2 The words “an Inspector or” were, inserted by Bom 28 of 1954, Sec 5(1).
3 Ins by Maharashtra Act XXIV of 1971.
4 Subs by Mah Act 46 of 1962, Sec. 3.
5 Added by Maharashtra Act 28 of 1964.
6 Ins by Maharashtra Act XXIV of 1971.
7 The words “an Inspector or” were inserted, Bom 28 of 1954. Sec. 5 (i).
8 These words were inserted by Bom 28 of 1954, Sec. 5 (2) (ii).
9 These words were substituted for the words “Police Training School” by Mah 28 of 1964 Sec. 5 (a).
10 These words were inserted by Bom 6 of 1955, Sec. 2 (1).
11 These words were substituted for the words “such school” by Maharashtra Act 28 of 1964.
12 These words were substituted for the words “the Nasik District” Bom 34 of 1959, Sec. 13 (i) (c).
13 These words were deleted by Bom 20 of 1953, Sec. 4 (2) and again inserted by Bom 28 of 1954. Sec. 5 (3).
14 These words were inserted by Bom 6 of 1955, Sec. 2 (2).
15 Ins by Maharashtra Act 28 of 1964.
14 1[x x x]
(c) The exercise of any power conferred by this sub-section shall be subject always to such rules and orders as may be made by the State Government in that behalf.
(3) Nothing in sub-sections (1) and (2)
(a) shall affect any Police officer's liability to a criminal prosecution for any offence with which be may be charged; or
(b) shall entitle any authority subordinate to that by which the Police officer was appointed to dismiss or remove him.
Gujarat Amendment:
In Sec. 25, in sub-section (2), in clause (b),-
(i) for the words “Police Training School”, the words “a Police Training College or School” shall be substituted;
(ii) for the words "school" whenever it occurs, the words “college or school” shall be substituted.2
26. Procedure to be observed in awarding punishment. When any officer passes an order for fining, suspending, reducing, removing or dismissing a Police officer, be shall record such order or cause the same to be recorded, together with the reasons therefore and a note of the inquiry made, in writing, under his signature.
Provided that 3[no order for reducing, removing or dismissing a Police officer] shall be passed without giving him a reasonable opportunity of showing cause against the action proposed to be taken against him except in cases referred to in the proviso (a) to CI. (2) of Art. 311 of the Constitution.
27. Appeals from orders of punishment. An appeal against any order passed against a Police officer under Sec. 25 or the rules or orders thereunder shall lie to the State Government itself or to such officer as the State Government may by general or special order specify.
Gujarat Amendment:
In Sec. 27, the following shall be added at the end, namely:
“such appeal shall be filed within a period of sixty days from the date of the order appealed against”. 4 After Sec. 27, the following new section shall be inserted, namely:
“27-A. Divisional powers of State Government, Inspector-General and Deputy Inspector-General. The State Government, the Inspector-General or a Deputy Inspector-General may, suo motu or on application made to him within the prescribed period in this behalf, call for and examine the record of any inquiry or proceeding of any subordinate police officer under this Chapter, for the purpose of 1 Deleted by Maharashtra Act XXIV of 1971.
2 Vide Gujarat Act 16 of 1978, Sec. 4, i.e. 3-3- 1978.
3 These words were substituted for the words "no such order" by Bom 57 of 1954, Sec. 4.
4 Vide Gujarat Act 16 of 1978, Sec. 5, w.e.f. 3.3.1978.
15 satisfying itself or himself, as the case may be, as to the legality or propriety of any decision or order passed by, and as to the regularity of the proceedings of such officer, and may, of any time,-
(a) confirm, modify or reverse any such order,
(b) impose any penalty or set aside, reduce, confirm or enhance penalty imposed by such order,
(c) direct that further inquiry may be held, or
(d) make such other order as. in circumstances of the case, it or be may deem fit:
Provided that an order in revision imposing or enhancing penalty shall not be passed unless the police officer affected thereby has been given a reason able opportunity of being heard:
Provided further that no order in revision shall be passed-
(i) in a case where an appeal against the decision or order passed in such inquiry or proceeding bas been filed, when such appeal is pending;
(ii) in a case where an appeal against such decision or order, has not been filed. before the expiry of the period provided for filing such appeal; and
(iii) in any case after the expiry of a period of three years from the date of the decision or order sought to be revised.1
28. Police officers to be deemed to be always on duty and to be liable to employment in any part of the State. (1) Every Police officer not on leave or under suspension shall for all purposes of this Act be deemed to be always on duty, and any Police officer or any number or body of Police officers allocated for duty in one part of the State may, if the State Government or the Inspector General so directs, at any time, be employed on Police duty in any other part of the State for so long as the services of the same may be there required.
(2) lntimation of proposed transfers to be given by the Inspector-General to the Commissioner and District Magistrate. Timely intimation shall, except in cases of extreme urgency, be given to the 2[Revenue Commissioner] and the District Magistrate by the Inspector-General, of any proposed transfer under this section, and, except, where secrecy is necessary the reasons for the transfer shall be explained; whereupon the officers aforesaid and their subordinates shall give all reasonable furtherance to such transfer.
Gujarat Amendment:
In Section 28, in sub-section (2), the words 'the Revenue Commissioner and' shall be deleted.3
29. Under what conditions Police officer may resign. 4(1) No Police officer 5[of the grade of Inspector or] of the subordinate rank shall resign his office or withdraw himself from the duties thereof except with the written permission of the Commissioner or the Deputy Inspector-General, Criminal Investigation Department, or of the Principal of 6[a Police 7[Training College] or of the District Superintendent or of some other Police officer empowered by the Inspector-General or the Commissioner to grant such permission:
Provided that subject to the provisions of sub-section (2), no such permission shall be granted to any 1 Vide Gujarat Act 16 of 1978, Sec. 6, w.e.f. 3-3-1978.
2 These words were substituted for the words “Commissioner” by Bom 8 of 1958, Sec. 3, Schedule.
3 Vide Gujarat Act 15 of 1964, Sec. 4 and Sch.
4 Sub-section (1) was substituted for the original by Bom 20 of 1953, Sec. 5.
5 These words were inserted by Bom 8 of 1954, Sec. 6.
6 Subs by Bom Act 34 of 1959 Sec. 15, 7 These words were substituted for the words “a Police Training School” by Maharashtra Act 28 of 1964.
16 such Police officer until he has fully discharged any debt due by him as such Police officer to Government or to any Police fund.
(2) If any such Police officer produces a certificate signed by the Police Surgeon or the Civil Surgeon declaring him to be unfit by reason of disease or mental or physical incapacity for further service in the Police, the necessary written permission to resign shall forthwith be granted to him on his discharging or giving satisfactory security for the payment of any debt due by him as such Police officer to Government or to any Police fund.
(3) Arear of pay of a Police officer contravening this section may be forfeited. If any such Police officer as aforesaid resigns or withdraws himself from the duties of his office in contravention of this section, be shall be liable on the order of the Commissioner, or the Deputy inspector-General, Criminal Investigation Department or of the Principal of 1[the Police 2[Training College] or of the 3[Superintendent] as the case may be, to forfeit all arrears of pay then due to him. This forfeiture shall be in addition to the penalty to which the said officer is liable under Sec. 145 of this Act or any other law in force.
Gujarat Amendment:
In Sec. 29,
(a) In sub-section (1), for the words "a Police Training School" the words "a Police Training College or School" shall be substituted;
(b) in sub-section (3), for the words “the Police Training School”, the words “the Police Training College or School” shall be substituted.4
30. Certificates, arms, etc. to be delivered up b, person ceasing to be a police officer. (l) Every person who for any reason ceases to be a police officer shall forthwith deliver up to some officer empowered by the Commissioner or the Deputy Inspector-General, Criminal Investigation Department, or the Principal of 5[the Police 6[Training College] or the District Superintendent to whom such Police officer is subordinate to receive the same, his certificate of appointment or of office and the arms, accoutrements, clothing and other necessaries which have been furnished to him for the performance of duties and functions connected with his office.
(2) If not delivered up may be seized under a search warrant. Any Magistrate and, for special reasons which shall be recorded in writing at the time the Commissioner or the Deputy Inspector- General, Criminal Investigation Department. or the Principal of 1[the Police 2[Training College]] or any 3[Superintendent] Assistant Superintendent or Deputy Superintendent may issue a warrant to search for and seize, wherever they be found, any certificate, arms, accoutrement, clothing or other necessaries not so delivered up. Every warrant so issued shall be executed in accordance with the provisions of the Code of Criminal Procedure, 1898 (V of 1898), by a Police officer or, if the Magistrate, the Commissioner, the Deputy Inspector-General, Criminal Investigation Department, the Principal of the Central Police Training School, Nasik, the District Superintendent, the Assistant Superintendent or the Deputy Superintendent issuing the warrant so directs, by any other person.
1 These words were substituted for the words "'the Central Police School, Nasik" by Bom 34 of 1959, Sec. 14 (2).
2 These words were substituted' for the words "Training School" by Maharashtra Act 28 of 1954.
3 Subs by Mah Act 46 of 1962 Sec. 3 and Sch.
4 Vide Gujarat Act 16 of 1978, Sec. 7, w.e. f. 3-3-1978.
5 These words were substituted for the words' 'The Central Police Training School, Nasik" by Born 34 of 1959 of Sec. 15.
6 These words were substituted for the words "Training School" by Maharashtra Act 28 of 1964.
17
(3) Saving of certain articles. Nothing in this section shall be deemed to apply to any article which, under the orders of the Inspector-General, or the Commissioner, as the case may be, has become the property of the person to whom the same was furnished.
18 Gujarat Amendment:
In Sec. 30,
(a) in sub-section (1), for the words “the Police Training School”, the words “the police Training College or School” shall be substituted;
(b) in sub-section (2) for the words “the Police Training School” at both the places where they occur, the words “the Police Training College or School” shall be substituted.1
31. Occupation of and liability to vacate premises provided Police officers. (1) Any police officer occupying any premises provided by the State Government for his residence -
(a) shall occupy the same subject to such conditions and terms as may generally or in special cases, be specified by the State Government, and
(b) shall, notwithstanding anything contained in any law for the time being in force vacate the same on his ceasing to be a Police officer or whenever the State Government or any officer authorized by the State Government in this behalf thinks it necessary and expedient to require him to do so.
(2) If any person who is bound or required under sub-section (1) to vacate any premises fails to do so, the State Government or the officer authorised in this behalf by the State Government may order such person to vacate the premises and may direct any Police officer with such assistance as may be necessary to enter upon the premises and remove therefrom any. person found therein and to take possession of the premises and deliver the same to any person specified in the direction.
2[32. State Government may make order under Sec. 144 of Act V of 1898. The State Government, whenever it shall seem necessary, may by notification in the Official Gazette make an order to such effect as any order if made by a Magistrate under Sec. 144 of the Code of Criminal Procedure, 1898 (V of 1898), could be continued in force by the State Government under the said Code].
CHAPTER IV Police Regulations
33. Power to make rules or regulation of traffic and for presentation of order in public place, etc.
3[The Commissioner with respect to any of the matters specified in this sub-section, the District Magistrate with respect to any of the said matters (except those falling under Cls. 4[(a), (b), (d). (db),
(e), (g), (r), (t) and (u)]) thereof and the Superintendent of Police with respect to the matters falling under the clauses aforementioned read with CI. (y) to this sub-section], in areas under their respective charges or any part thereof, may make, alter or rescind rules or orders not inconsistent with this Act for-
(a) licensing and controlling persons offering themselves for employment at quays, wharves and landing places, and outside Railway stations for the carriage of passenger's baggages and fixing and providing for the enforcement of a scale of charges for the labour of such persons so employed;
(b) regulating traffic of all kinds in streets and public places, and the use of streets and public places by persons riding, driving, Cycling, walking or leading or accompanying cattle, so as to prevent 1 Vide Gujarat Act 16 of 1978, Sec. 8, w.e.f. 3-3-1978.
2 This section was substituted for the original by Bom 34 of 1959, Sec. 16.
3 Subs by Maharashtra Act XIII of 1965.
4 Subs by Maharashtra Act 45 of 1967.
19 danger, obstruction or inconvenience to the public;
(c) regulating the conditions under which vehicles may remain stand ing in streets and public places, and the use of streets as halting places for vehicles or cattle;
(d) prescribing the number and position of lights to be used on vehicles in streets and the hours between such lights shall be used;
1[(da) licensing, controlling or prohibiting the display of any pictures, advertisements, news boards or public notices upon a vessel or boat in territorial waters or on inland waterways other than national waterways;
2[(db) 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 (regard being had 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) may be specified in the rule or order ;]
(e) prescribing certain hours of the day during which cattle shall not be driven along the streets, or along certain specified streets, except subject to such regulations as he may prescribe in that behalf;
(f) regulating the leading, driving, conducting or conveying of any elephant or wild or dangerous animal through or in any street;
(g) 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 ;
(h) licensing, controlling or, in order to prevent the obstruction, inconvenience, annoyance, risk, danger or damage of the residents or passengers in the vicinity, prohibiting the carrying in streets and public places of gunpowder or any other explosive substances;
(i) prohibiting except along certain specified streets and during specified hours and subject to such regulations as he may prescribe in that behalf, the exposure or movement in any street of persons or animals suffering from contagious or infectious diseases and the carcasses of animals or part thereof and the corpses of persons deceased;
(j) prescribing certain hours of the day during which odour or offensive matter or objects shall not be taken from or into houses or buildings in certain streets or conveyed through such streets except subject to such rules as he may make in that behalf;
(k) setting apart places for the slaughtering of animals, the cleaning of carcasses or hides, the deposit of noxious or offensive matter and for obeying calls of nature ;
(l) in cases of existing or apprehended epidemic or infectious disease of men or animals, the 1 Clause (da) was Inserted by Bom 20 of 1953, Sec. G (1).
2 Clause (db) was Inserted by Bom 37 of 1959, Sec. 2.
20 cleanliness and disinfection of premises by the occupier thereof and resident therein and the segregation and management of the persons or animals diseased or supposed to be diseased, as may have been directed or approve by the State Government, with a view to prevent the disease of to check the spreading thereof;
(m) 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;
(n) licensing, controlling or, in order to prevent the obstruction, inconvience, annoyance, risk, danger or damage of the residents or passengers in the vicinity, prohibiting the playing of music, the beating of drums, tom-toms of other instruments and the blowing or sounding of horns or other noisy instruments in or near streets or public places;
(o) regulating the conduct of and behaviour or action of persons constituting assemblies and processions on or along the streets and prescribing in the case of processions, the routes by which, the order in which and the times at which the same may pass;
(p) prohibiting the banging 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;
(q) prohibiting, except under such reasonable rules as he may make, the placing of building materials or other articles or the fastening or detention of any horse or other animals in any street or public places.
(r) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage of the residents or passengers in the vicinity, prohibiting-
(i) the illumination of streets and public places and the exteriors of building abutting thereon by persons other than servants of Government or Municipal officers duly authorized in that behalf;
(ii) the blasting of rock or making excavations in or near streets or public places;
(iii) the using of a loudspeaker in 1[or near any public place or in any] place of public entertainment;
(s) closing certain streets or places temporarily, in cases of danger from ruinous buildings or other cause, with such exceptions as shall appear reasonable;
(t) guarding against injury to person and property, in the construction, repair and demolition of building, platforms and other structures from which danger may arise to passengers, neighbours or the public;
(u) prohibiting the setting fire to or burning any straw or other matter, or lighting a bonfire or wantonly discharging a fire, arm or airgun, or letting off or throwing a fire- work or, sending up a fire balloon or rocket in or upon 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 subject to such reasonable rules, as he may make in that behalf;
(v) regulating the hours during which and the manner in which any place for the disposal of the dead, 1 These words were substituted for the words “any public place or” by Bom 28 of 1954, Sec. 7.
21 any dharamshala, village-gate or other place 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;
(w) (i) licensing or controlling places of public amusement or entertainment;
(ii) prohibiting the keeping. of places of public amusement or entertainment or assembly, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity;
(iii) regu1ating the means of entrance and exit at places of public amusement or entertainment or assembly, and providing for the maintenance of public safety and the prevention of disturbance thereat;
1[(wa) (i) licensing or controlling 2[in the interest of public order decency or morality or in the interest of the general public with such exceptions as may be specified, the musical, dancing, mimetic or theatrical or other performances for public amusement, including melas and tamashas ;
(ii) regulating in the interest of public order, decency or morality or in the interest of the general public, the employment of artists and the conduct of the artists and the audience at such performances;
(iii) prior scrutiny of such performances 2[and of the scripts in respect thereof, if any, and granting of suitability certificate therefore subject to conditions, if any], 3[ by the Board appointed by the State Government for the purpose, either for the whole State or the area concerned] 4[the members of the Board being persons who in the opinion of the State Government possess knowledge of, or experience in literature, the theatre and other matters relevant to such scrutiny, or by an Advisory Committee appointed by the Commissioner, or the District Magistrate in this behalf ;]
5[Provision for appeal against the order or decision of the Board to the prescribed authority, its appointment or constitution, its procedure and other matters ancillary thereto, and the fees (whether in the form of court-fee stamp 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;]
(iv) regulating the hours during which and the places at which such performances may be given;
(x) regulating or prohibiting the sale of any ticket or pass for admission, by whatever name called, to a place of public amusement;
6[(xa) registration of eating-hoses, included granting a certificate of registration in each case, which shall be deemed to be written permission required and obtained under this Act for keeping the eating-house, and annual renewal of such registration within prescribed period;
(y) prescribing the procedure in accordance with which any licence or permission sought to be 1 Clause ( wa) wasi inserted by Bom 20 of 1953. Sec. 6 (2).
2 Ins by Maharashtra Act XXXVII of 1973.
3 Sub, by Maharashtra Act XIII of 1965.
4 Ins by Maharashtra Act XXXVII of 1973.
5 Added by Maharashtra Act No. XXXVII of 1973.
6 Ins by Maharashtra Act II of 1969.
22 obtained or required under this Act should be applied for and fixing the fees to be charged for any such licence or permission:
Provided that nothing in this section and no licence 1[or certificate of registration] granted under any rule made thereunder shall authorize any person to import, export, transport, manufacture, sell or possess any liquor, or intoxicating drug, in respect of which a licence, permit. pass or authorization is required under the Bombay Prohibition Act, 1949.
2* * * * * or under any other law for the time being in force 3(relating to the Abkari revenue or to the prohibition of the manufacture, sale and consumption of liquor) or shall affect the liability of any person under any such law or shall in any way affect the provisions of the Arms Act. 1878 (XI of 1878), or of the Explosives Act, 1884 (IV of 1884), or of any rules made under either of those enactments, or the liability of any person thereunder:
Provided further that any action taken under the rules or orders made under this sub-section or the grant of a licence [or certificate of registration] made under such rules or orders shall be subject to the control and supervision of the State Government:
4[Provided also that, against any order granting or refusing to grant or renew or revoking 5[or refusing to grant or renew or revoking any certificate of registration for any eating-house] an appeal shall lie to the State Government itself or to such officer as the State Government may by general or special order specify, within thirty days from the date of receipt of such order by the aggrieved person).
6[(1. A) The power to make rules or order under Cls. (w), (wa) and (x) of sub-section (1) shall in the first instance have effect only in relation to 7[the Bombay area of the state of Maharashtra], but the State Government may by notification in the Official Gazette provide that such power under any or all of those clauses, shall also have effect. from such date as may be specified in the notification, in any other area of the State.]
[(1. B) The power to make rules, orders or appointment under Cls. (w), (wa). (x) and (xa) in so far as it relates to a licence or permission under any of these clauses, under CI. (y) of sub-section (1), may subject to the provisions of sub- section (1A) also be exercised by Revenue Commissioner in the revenue division under his charge.]
(2) (i) The power of making, altering or rescinding rules under Cls. (a), (b) and (c) of sub-section (1) shall be subject to the control of the State Government.
(ii) The power of making, altering, or rescinding rules under the remaining clauses of sub- section
(1) shall be subject to the previous sanction of that Government.
(3) Every rule made under Cl. (v) of sub-section (1) with respect to the use of a place for the disposal 1 Subs by Maharashtra Act II of 1969.
2 This portion was deleted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
3 These words were substituted for the word, “relating to the Abkari revenue” by ibid.
4 Added by Maharashtra Act 45 of 1967.
5 Ins by Maharashtra Act II of 1969.
6 This sub-section was inserted by Bom 34 of 1959, Sec 17 (2).
7 These words were substituted for the words “area of the pre-Reorganisation State of Bombay excluding the transferred territories” by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
23 of the dead shall be framed with due regard to ordinary and established usages and to the necessities of prompt disposal of the dead in individual cases.
(4) Every rule promulgated under the authority of Cl. (l) of sub-section (1) shall, if made in relation to 1[any area which is not under the charge of a Commissioner] be forthwith 2[reported to the Revenue Commissioner and the State Government].
(5) If any rule or order made or promulgated under this section relates to any matter with respect to which there is a provision in any law, rule or bye- law of any municipal or local authority in relation to the public health, convenience or safety of the locality, such rule or order shall be subject to such law, rule or bye-law of the municipal or local authority, as the case may be.
(6) The power of making, altering or rescinding rules under this section shall be subject to the condition of the rules being made, altered or rescinded after previous publication, and every rule made or alteration or rescission of a rule made under this section shall be published in the Official Gazette and in the locality affected thereby by affixing copies thereof in conspicuous places near to the building, structure, work or place, as the case may be, to which the same specially relates or by proclaiming the same by the beating of drum or by advertising the same in such local newspapers in English or in the local language, as the authority making, altering or rescinding the rule may deem lit or by any two or more of these means or by any other means it may think suitable:
Provided that any such rules may be made, altered or rescinded without previous pub lication if the 3[Revenue Commissioner], or the District Magistrate, as the case may be, is satisfied that circumstances exist which renders it necessary that such rules or alterations therein or rescission thereof should be brought into force at once.
(7) Notwithstanding anything hereinbefore contained in this section or which may be contained in any rule made thereunder, it shall always be lawful for the competent authority to refuse a licence for, or to prohibit the keeping of any place of public amusement or entertainment 4[or to refuse a certificate of registration for or to prohibit the keeping of any eating-house, as the case may be] by a person of notoriously bad character.
(8) It shall be the duty of all persons concerned to conform to any order duly made as aforesaid so long as the same shall be in operation, Gujarat Amendment:
In Section 33,-
(a) in sub-section (1), for the words beginning with the words “the Commissioner and the District Magistrate” and ending with the words “with this Act for” the following shall be substituted, namely:
“The Commissioner, with respect to all or any of the following matters specified in this subsection and the District Magistrate, with respect to all or any of the said matter except the 1 These words were substituted for the words “any area outside Greater Bombay” by Bom 56 of 1959, Sec. 3, Schedule.
2 These words were substituted for the words beginning with the words “reported to” and ending with “in this behalf” by Bom 8 of 1958. Sec. 3, Schedule.
3 Subs by Maharashtra Act II of 1960.
4 Ins by Maharashtra Act II of 1969.
24 matters referred to in sub-section (1-AA), may make, alter or rescind rules or orders not inconsistent with this Act, in areas under this respective charges or any part thereof, namely”-
(b) after sub-section (1), the following sub-section shall be inserted, namely :- “(I-AA) A District Superintendent may, in areas under his charge or any part thereof, make, alter or rescind rules or orders not inconsistent with this Act with respect to all or any of the matters specified in clauses (d), (db), (e) and (g) read with clause (y) of sub-section (1) :
Provided that the rules and orders made by a District Magistrate under sub-section (1) for any of the matters specified in the said clauses and in force in any area immediately before the commencement of the Bombay Police (Gujarat Amendment) Act, 1977 (Gujarat 16 of 1978) shall continue in force therein as if made by the District Superintendent under this sub-section, until altered or repealed or amended by a competent authority”;
(c) in sub section (6), in the proviso, for the words “the Commissioner or the District Magistrate”, the words “the commissioner, the District Magistrate, or as the case may be, the District Superintendent”, shall be substituted.1 In Section 33 in sub-section (1), in the proviso, omit “or that Act as in force in the Saurashtra area or the Kutch area of the State of Bombay, the Abkari Act, the Hyderabad Intoxicating Drugs Act, the Central Provinces and Berar Excise Act, 1915 or the Central Provinces and Berar Prohibition Act, 1938”. 2 In section 33 in sub-section (1), after clause (a) the following clauses shall be inserted, namely:
"(aa) licensing and controlling persons offering themselves for employment at hills, mountains or such other places for carrying pilgrims, tourists or other passengers and their baggages or goods on such bills, mountains or places, and fixing and providing for the enforcement of a scale of charges for the labour of such persons so employed”. 3 In section 33 in sub-section (1), in clause (da) for the words “upon a vessel” the words “in, or in the vicinity of, a street or any public place or upon a vessel” shall be substituted and the following proviso shall be added, namely :
“Provided that nothing in this clause shall apply to the display of any news-board or public notice by or on behalf of a political party, a public institution or a panchayat or municipality or municipal corporation or other local authority constituted under any law for the time being in force.”4 In sub section (1-A), for “area of the pre-Reorganisation State of Bombay, excluding the transferred territories” substitute “State of Gujarat”. 5 In sub-section (2), in clause (i), for the brackets and letters “(a), (b)” the brackets and letters “(a),
(aa), (b)” shall be substituted.6 1 Vide Gujarat Act 16 of 1978. Sec. 9, w.e. f. 3-3-1978.
2 Vide Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
3 Vide Gujarat Act 30 of 1962, Sec. 2, w.e.f. 30th August, 1962.
4 Vide Gujarat Act 4 of 1964, Sec. 2, w.e.f. 26th January, 1964.
5 Vide Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
6 Vide Gujarat Act 30 of 1962, Sec. 2, (w,e f. 30th August, 1962.)
25 In sub-section (4), omit “if made in relation to any area outside Greater Bombay”. 1 In Sec. 33. in sub-section (4), for the words “the Revenue Commissioner” the words “such authority as the State Government may appoint in this behalf” shall be substituted.2
34. Competent authority may authorise erection of barriers on streets. The Commissioner and the District Superintendent in areas under their respective charges may, whenever in his opinion such action is necessary, authorise such Police officer as he thinks fit to erect barriers on any street for the purpose of stopping temporarily vehicles driven on such street and satisfy himself that the provisions of any law for the time being in force have not been contravened in respect of any such vehicle or by the driver of or the person in charge of such vehicle. The said authority may also make such orders as it deems fit for regulating the use of such barriers.
35. Power to make rules prohibiting disposal of the dead except at places set apart. (1) A competent authority may from time to time, make rules prohibiting the disposal of the dead, whether by cremation, burial or otherwise at places other than those set apart for such purpose:
Provided that no such rules shall be made in respect of any such town or place in which places have not been so set apart:
Provided further that the competent authority or any officer authorized by it in this behalf may, in its or his discretion on an application made to it or 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 its or 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.
(2) Any rules made under sub-section (1) shall specify the places set apart for the disposal of the dead of different communities or sections of communities.
(3) All such rules shall be subject to the condition of previous publication and the date to be specified under Cl. (c) or Sec. 24 of the Bombay General Clauses Act, 1904 (Bom. I of 1904), shall not be earlier than two months from the date on which the draft of the proposed rules is published.
Explanation. For the purposes of this section, a place set apart for the disposal of the dead means a place set apart for such purpose under any cus tom, usage or law for the time being in force.
36. Power of Commissioner or the District Superintendent and of other officers to give direction to the public. In areas under their respective charges the Commissioner, and subject to his orders every Police officer not inferior in rank to an Inspector, and the District Superintendent and subject to his orders any Police officer of not lower than such rank as may be specified by the State Government in that behalf, may, from time to time as occasion may arise, but not so as to contravene any rule or order under Sec. 33 give all such orders either orally or in writing as may be necessary to-
(a) direct the conduct of, and behaviour or action of persons constituting processions or assemblies on or along the streets;
(b) prescribe the routes by which and the times at which any such processions mayor may not pass;
1 Vide Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
2 Vide Gujarat Act 15 of 1964, Sec. 4 and Sch.
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(c) prevent obstructions on the occasion of all processions and assemblies and in the neighbourhood of all places of worship during the time of worship and in all cases when any street or public place or place of public resort may be thronged or liable to be obstructed;
(d) keep order on and in all streets, quays, wharves, and at and within public bathing, washing and landing places, fairs, temples and all other places of public resort;
(e) regulate and control the playing of music or singing, or the beating of drums, tom-toms and other instruments and the blowing or sounding of horns or other noisy instruments, in or near any street or public place;
1[(ea) regulate and control the use of loudspeakers in or near any public place or in any place of public entertainment,]
(f) make reasonable orders subordinate to and in furtherance of any order made by a competent authority under Secs. 33, 35, 37 to 40, 42, 43 and 45 of this Act.
37. Power to prohibit certain for prevention of disorder. (1) The Commissioner and the District Magistrate in areas under their respective charges, may whenever and for such time as he shall consider necessary for the preservation of public peace or public safety by a notification publicly promulgated or addressed to individuals, prohibit at any town, village or place or in the vicinity of any such town, village or place-
(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 of explosives;
(c) the carrying, collection and preparation of stones or other missiles or instruments or means of a casting or impelling missiles;
(d) the exhibition of persons or corpses of figures or effigies thereof;
(e) the public utterance of cries, singing of songs, playing of musk;
(f) delivery of harangues, the use of gestures or mimetic representations, and the preparation, exhibition or dissemination of pictures, symbols, p1acards or any other object or thing which may in the opinion of such authority offend against decency of morality or undermine the security of or tend to overthrow the State.
(2) If any person goes armed with any such article or carries any corrosive substance or explosive or missile in contravention of such prohibition, he shall be liable to be disarmed or the corrosive substance or explosive missile shall be liable to be seized from him by any Police officer, and the article, corrosive substance, explosive or missile so seized shall be forfeited to the State Government.
(3) The authority empowered under sub-section (1) may also by order in writing prohibit any assembly or procession whenever and for so long as it considers such prohibition to be necessary for the preservation of the public order:
Provided that no such prohibition shall remain in force for more than fifteen days without the sanction of the State Government.
1 Clause (ea) was inserted by Bom 28 or 1954, Sec. 8.
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(4) The authority empowered under sub-section (1) may also by public notice temporarily reserve for any public purpose any sheet or public place and prohibit persons from entering the area so reserved, except under such conditions as may be prescribed by such authority.
Gujarat Amendment:
In Sec. 37 in sub-section (1), after clause (C), the following clause shall be inserted, namely:
“(cc) the carrying of burning or lighted torches in a procession”;1 In sub section (2), at each of the places where the words ‘corrosive substance or explosive or missile’ and the words “corrosive substance, explosive or missile” occur, the words “corrosive substance, explosive, missile, instrument, means of burning or lighted torch” shall be substituted.2
38. Power to prohibit, etc. continuance of music, sound or noise. (1) If the Commissioner or District superintendent is satisfied from the report of an officer in charge of a Police Station or other information received by him that it is necessary to do so in order to prevent annoyance, disturbance, discomfort or injury or risk or annoyance, disturbance, discomfort or injury to the public or to any persons who dwell or occupy property in the vicinity, be may, by a written order issue such directions as he may consider necessary to any person for preventing, prohibiting, controlling or regulating-
(a) the incidence or continuance in or upon any premises of-
(i) any vocal or instrumental music,
(ii) sounds caused by the playing, beating, clashing, blowing or use in any manner whatsoever of any instrument, appliance or apparatus or contrivance which is capable of 3[producing or reproducing sound], or
(b) the carrying on, in or upon, any premises or any trade, avocation or operation resulting in or attended with noise.
(2) The authority empowered under sub-section (1) may, either on its own motion or on the application of any person aggrieved by an order made under sub-section (1), either rescind, modify or alter any such order:
Provided that before any such application is disposed of, the said authority shall afford to the applicant an opportunity of appearing before it either in person or by pleader and showing cause against the order and shall, if it rejects any such application either wholly or in part, record its reasons for such rejection.
39. Issue of orders for prevention of riot, etc. (1) In order to prevent or suppress any riot or grave disturbance of peace, the Commissioner and the Superintendent, in areas under their respective charges, may temporarily close or take possession of any building or place, and may exclude all or any persons therefrom, or may allow access hereto to such persons only and on such terms as he shall deem expedient. All persons concerned shall be bound to conduct themselves in accordance with such orders as the authority making orders may make and notify in exercise of, he authority hereby vested in it.
(2) Compensation to lawful occupier of building or place closed or taken possession of. If the 1 Vide Gujarat Act 26 of 1972, Sec. 2, w.e.f. 6th December, 1972.
2 Vide Gujarat Act 26 of 1972, Sec. 2, (w.e.f. 6th December, 1972).
3 These words were substituted for the original words “producing sound” by Bom Act 28 of 1954, Sec. 9.
28 lawful occupier of such building or place suffers substantial loss or injury by reason of the action taken under sub-section (l) he shall be entitled, on application made to the authority concerned within one month from the date of such action, to receive reasonable compensation for such loss or injury, unless such action was in the opinion of such authority rendered necessary either by the use to which such building or place was put or intended to be put or by the misconduct of persons having access thereto.
(3) Disputes as to compensation to be settled. In the event of any dispute in any case under subsection (2) the decision of the Chief Presidency Magis trate or the District Magistrate, shall be conclusive as to the amount (if any) to be paid, and as to the person to whom it is hi be paid.
Gujarat Amendment:
In Sec. 39 in sub section (3), for “Chief Presidency Magistrate or the District Magistrate, as the case may be”, substitute “District Magistrate”. 1
40. Issue of orders for maintenance of order at religious ceremonials, etc. (1) In any case of an actual or intended religious or ceremonial or corporate display or exhibition or organised assemblage in any street or public place, as to which or the conduct of or participation in which it shall appear to a competent authority that a dispute or contention exists which is like1y to lead to grave disturbance of the peace, such authority may give such orders as to the conduct of the persons concerned towards each other and towards the public as it shall deem necessary and reasonable under the circumstances, regard being had to the apparent legal rights and to any established practice of the parties and of the persons interested. Every such order shall be published in the town or place wherein it is to operate, and all persons concerned shall be bound to conform to the same.
(2) Any order under sub-section (1) shall be subject to a decree, injunc tion or order made by a court having jurisdiction and, shall be recalled or altered on its being made to appear to the authority making the order that such order is inconsistent with a judgment, decree, injunction or order of such court, on the complaint, suit or an application of any person interested, as to the rights and duties of any persons affected by the order aforesaid.
41. Police to provide against disorder, etc. at places of amusement and public meetings. (1) For the purpose of preventing serious disorder or breach of the law or manifest and imminent danger to the persons assembled at any public place of amusement or at an assembly or meeting to which the public are invited or which is open to the public, the senior Police officer of highest rank superior to that of constable, present at such place of amusement or such assembly or meeting may, subject to such rules and orders as may have been lawfully made, give such reasonable directions as to the mode of admission of the public to, and for securing the peaceful and lawful conduct of the proceedings and the maintenance of the public safety at such place of amusement or such assembly or meeting, as he thinks necessary and all persons shall be bound to conform to every such reasonable direction.
(2) Police to have free access thereto- The Police shall have free access to every such place of amusement, assembly or meeting, for the purpose of giving effect to the provisions of sub-section
(1) and to any direction made thereunder.
2[* * * * *] 1 Vide Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
2 Section 42 of the Act has been deleted, vide Maharashtra Act 28 of 1964.
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43. District Magistrate may take special measures to prevent outbreak of epidemic disease at fair, etc.
(1) Whenever it shall appear to the Commissioner or District Magistrate that any place in the areas under their respective charges, at which, on account of a pilgrimage, fair or other such occurrence, large bodies of persons have assembled or are likely to assemble is visited or will probably be visited with an outbreak of any epidemic disease, he may take such special measures and may by public notice prescribe such regulations to be observed by the residents of the said place and by persons present thereat or repairing thereto or returning therefrom as he shall deem necessary to prevent the outbreak of such disease or they spread thereof.
(2) It shall be lawful for the District Magistrate or for the Collector or the Chief Presidency Magistrate on the requisition of the Commissioner or the District Magistrate to assess and levy such reasonable fees on persons falling under the provisions of sub-section (1) as will provide for the expenses of the arrangements for sanitation and the preservation of order at and. about the place of assemblage.
(3) When the place of assemblage is within the limits of a municipality or corporation such sums as shall be necessary for the purposes aforesaid may be recovered from the municipality or corporation.
Gujarat Amendment:
In the principal Act, Sec. 42 shall be deleted.1 In See, 43 in sub-section (2), omit "or the Chief Presidency Magistrate”. 2
44. Destruction of stray dogs. (1) The Commissioner and the District Superintendent in areas under their respective charges, may, from time to time, by public notice, proclaim that any stray dogs found, during such period as may be specified in the said notice, wandering in the streets or in any public place may be destroyed, and any dog so found within such period may be destroyed accordingly.
(2) The authority empowered under sub-section (1) may by public notice require that every dog, while in any street or public place and not led by some persons, shall be muzzled in such a manner as effectually to prevent it from biting, while not obstructing its breathing or drinking, and the Police may, so long as such notice remains in force, destroy, or take possession of and detain, any dog found loose without muzzle in any street or place beyond the premises of the owner thereof:
Provided that any dog so found, wearing a collar on which an apparently genuine name and address of an owner is inscribed, shall not, unless it is rabid, be forthwith destroyed, but information of the detention thereof shall forthwith be sent by post or otherwise to such owner.
(3) Any dog which has been detained under sub-section (2) for a period of three clear days without the owner providing a muzzle and paying all expenses connected with such detention may be destroyed or sold with the sanc tion and under the orders of the competent authority.
(4) The proceeds of the sale of any dog under sub-section (3) shall be applied, as far as may be, in discharge of the expenses incurred in connection with its detention, and the balance, if any, shall form part of the consolidated fund of the State.
1 Vide Gujarat Act J 6 of 1978, Sec. 10, w. e.f., 3.3-1978.
2 Vide Gujarat Adaptation of Laws (State and Concurrent Subjects, Order, 1960.
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(5) Any expenses incurred in connection with the destruction or detention of any dog under this section shall, subject to the provisions of sub-section (4), be recoverable from the owner thereof upon a warrant issued by the competent authority as if it were a warrant under Sec. 386 of the Code of Criminal Procedure, 1898 (V of 1898).
45. Destruction of suffering or unfit animals. (1) Any Police officer who in any street or public place other than a place of worship, finds any animal other than a bull or a cow so diseased, or so severely injured, and in such a physical condition, that in his opinion it cannot without cruelty be removed, shall, if the owner is absent or refuses to consent to the destruction of the animal at once summon the Veterinary Practitioner in charge of the area in which the animal is found and, if the Veterinary Practitioner certifies that the animal is mortally injured, or so severely injured, or so diseased, or in such a physical condition, that it is cruel to keep it alive, the Police officer may, without the consent of the owner, destroy the animal or cause it to be destroyed:
Provided that if in the opinion of the Veterinary Practitioner the animal can be removed from the place where it is found without causing it great suffering, and, if the owner or person in charge of the animal or in their absence any other person on the spot is willing and offers to remove the animal to a veterinary Hospital or Pinjrapole within such time as the Veterinary Practitioner considers reasonable, the Veterinary Practitioner shall allow the animal to be removed by such owner, person in charge of the animal or other person. If the owner or person in charge of the animal or such other person is unwilling or fails so to remove the animal, the Veterinary Practitioner may direct the Police officer to remove the animal before it is destroyed from the place where it is found to such other place as he may think fit ;
Provided further that when the animal is destroyed in any street or public place it shall, as far as possible, be screened from the public gaze while it is being destroyed.
(2) The State Government may appoint such persons as it thinks fit to be Vet_rinary Practitioners and may declare the areas of which they shall be in charge for the purposes of this Act.
46. Powers under this Chapter to be exercised by District Superintendent subject to the control of District Magistrate and Commissioner and by District Magistrates subject to the control of State Government. Every power conferred by this Chapter on a District Superintendent not specially empowered by the State Government to exercise that power or on any officer subordinate to him shall be exercised by him subject to the orders of the District Magistrate and all rules, regulations and orders made under this Chapter shall, if made by the 1[Revenue Commissioner] be governed by such rules and orders as the State Government may, from time to time, make in this behalf and, if made by the District Magistrate or the District Superintendent specially empowered in that behalf, shall be subject to the provisions of Sec. 17.
CHAPTER V Special measures for maintenance of public order and safety of State I. Employment of additional Police, recovery of cost thereof and of riot compensation-its assessment and recovery.
47. Employment of additional Police on application of a person. (l) The Commissioner or District Superintendent may, on the application of any person, depute any additional number of Police to keep the peace, to preserve order or to enforce any of the provisions of this or any other Act in respect of 1 Subs by Maharashtra Act 11 of 1960.
31 any particular class or classes of offences or to perform any other Police duties at any place in the area under his charge.
(2) Such additional Police shall be employed at the cost of the person making the application, but shall be subject to the orders of the Police authorities and shall be employed for such period as the appointing authority thinks fit.
(3) If the person upon whose application such additional Police are employed shall at any time make a written requisition to the appointing authority to which the application for the employment of addit ional Police was made, for the withdrawal of the said Police, he shall be relieved for the cost thereof at the expiration of such period not exceeding one month from the date of the delivery of such requisition, as the State Government or the appointing authority, as the case may be, shall determine.
48. Employment of additional police at large works and when apprehension regarding behaviour of employees exists. (l) Whenever it appears to the State Government or a competent authority that-
(a) any large work which is being carried on or any public amusement which is being conducted is likely to impede the traffic or to attract a large number of people, or
(b) that the behaviour or a reasonable apprehension of the behaviour, of the persons employed on any railway, canal or other public work, or in or upon any manufactory or other commercial concern under construction or in operation at any place, necessitates the employment of additional police at such place, the State Government or the competent authority may depute such additional Police to the said place as it shall think fit and keep the said Police employed at such place for so long as such necessity shall appear to it to continue.
(2) Such additional Police shall be employed at the cost of the person by whom the work, amusement, manufactory or concern is being constructed, conducted or carried on and the said person shall pay the costs therefore at such rates as the Stale Government or the competent authority, as the case may be, shall from time to time require.
49. Recovery of cost of additional police employed under Secs. 47 and 48. In case of any dispute under Sec. 47 or 48 the decision of Chief Presidency Magistrate in Greater Bombay and the District Magistrate, in the district shall be conclusive as to the amount to be paid and as to the person by whom it is to be paid and the sum, so ascertained may, on the requisition of the Chief Presidency Magistrate or the District Magistrate, be recovered by the Collector as if it were an arrear of land revenue due by the person found to be answerable therefore.
Gujarat Amendment:
In Sec 49, omit “the Chief Presidency Magistrate in Greater Bombay and”, “in the district”, and “the Chief Presidency Magistrate or". 1
50. Employment of additional police in cases of special danger public peace. (1) If in the opinion of the State Government any area is in a disturbed or dangerous condition or in which the conduct of the inhabitants or of any particular section of the inhabitants renders it expedient temporarily to emp1oy additional Police, it may by notification in the official Gazette specify- 1 Vide Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
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(a) the area (hereinafter called “the disturbance area”) in which the additional Police is to be employed;
(b) the period for which the additional Police is to be employed ;
Provided that the period fixed under Cl. (b) may be extended by the State Government from time to time, if in its opinion it is necessary to do so in the general interest o