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Section 5

The Gujarat Village Police Act, 1867State Act of Gujarat · Act 8 of 1967

(1) The village-police in each village shall be under the charge of such person as the 9[ 10[State] Government] shall 11* *, appoint in writing to be Policepatel, and unless the 12[ 10[ State] Government, 8* *, owing to the size of the village or other good cause, see fit to separate the appointments, the 9[10[State] Government] shall appoint the person conducting the duties of Revenue-patel to be Police patel.

(2) In making the appointment, the 13[ 14[State] Government] shall have due regard to the provisions 15* * * in force for regulating the services of Preamble.

Interpretation clause.

V of 1898.

Guj. Extent XXXIV of 1961.

Administration, control and direction of villagepolice, in whom vested.

Power to depute to District Superintendent authority over village-policeofficer.

Village-police in villages under charge of Policepatel.

Appointment of Police-patel.

The Bombay Village Police Act, 1867 5 of 9 hereditary officers, so far as the same may be applicable; but, when the Revenue patel is not appointed Police-patel, and more persons than one claim by reason of hereditary right to perform the duties, in rotation or otherwise, it shall be lawful for the 16[14[State] Government] to appoint the most fit from among their number.

(3) In any town or place in which the duties cannot be in rotation or otherwise, it shall be lawful for the 13[14[State] Government] may,[17 ******] to 18 * * * *, appoint a sufficient number of Police-patel for the different divisions of the town or place.

19[(4) The powers of the State Government under this section may also be exorcised by the Magistrate of a district.]

6. The Police-patel shall, subject to the orders of the Magistrate of the district act under the orders of 20[any other Executive Magistrate] within whose local jurisdiction his village is situated, whom he shall furnish with any returns of information called for, and keep constantly informed as to the state of crime and all matters connected with the village police the health and general condition of the community in his village.

He shall also afford all Police-officers every assistance in his power when called upon by them for assistance in the performance of their duty.

He shall further promptly obey and execute all orders and warrants issued to him by a Magistrate or Police-officer, shall collect and communicate to 21[the Policeofficer in charge of the District Police-Station within the limits of which the village is situated,] intelligence affecting the public peace, shall prevent within the limits of his village the commission of offences and public nuisances, and shall detect and bring offenders therein to justice.

7. The Police-patel shall have authority to require all village-servants, in whatever capacity ordinarily employed, to aid him in performing the duties entrusted to him;

and it shall be the duty of the village-revenue-accountant whether hereditary or stipendiary, to frame all written returns and proceedings for the Police-patel.

8. The Police-patel shall dispose of the village-establishment so as to afford the utmost possible security against robbery, breach of the peace and acts injurious to the public and to the village-community, and shall report to 22[the Executive Magistrate] to whose jurisdiction he is immediately subordinate all instances of misconduct or neglect committed by any members of the said establishment.

23[9. Any Police-patel or member of a village-establishment liable to be called on for the performance of Police- duties who shall be careless or negligent in the discharge thereof shall be liable to be fined under the order of 24[the Magistrate of the District] to any amount not exceeding the fourth part of the annual emoluments of his office.

If he shall be accused of any violation of duty or breach of rule, or of other misconduct which shall seem to such Magistrate to require a heavier punishment, he may suspend him from office during inquiry into such accusation, and at the close of such inquiry, if the said Magistrate shall consider him guilty of misconduct meriting such punishment, he may suspend him from office for a further period not exceeding six months, or 25[dismiss him:]

Provided that, in the case of a Police-patel appointed by the State Government or of a Police-patel who holds his office under the provisions in force for regulating the services of hereditary officers, the Magistrate shall, if he is of the opinion that the Police-patel should be dismissed, refer his case to the State Government which may pass such orders thereon as it may think fit. ].]

Police-patels may be appointed for different divisions of town or place.

Duties of Policepatel.

Authority over village servants.

Precautions against robbery, etc.

Penalties for neglect of duty, etc.

The Bombay Village Police Act, 1867 6 of 9 26[9A. Nothing in the last preceding section shall affect the liability of any Policepatel or other member of a village- establishment to a criminal prosecution for any offence with which he may be charged with.

27[The Magistrate of the District] may suspend any person subjected to any such prosecution pending the inquiry and trial].

10. If a crime shall have been committed within the limits of the village, and the perpetrator of the crime has escaped or is not known, the Police-patel shall forward immediate information to the Police-officer in charge of the District Police-station within the limits of which his village is situated, and shall himself proceed to investigate the matter, obtaining all procurable evidence relating to it which he shall forward to the said officer.

Where this provision sits

ActThe Gujarat Village Police Act, 1867
Section5
JurisdictionState of Gujarat
StatusIn force as published by the source

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