(1) Any person who commits any of the following offences on any public road, or street or thoroughfare, or in any municipal council or corporation or notified area for the purpose of this section, to the inconvenience, annoyance or danger of the residents or passers by, shall on conviction by a court, be liable to imprisonment not exceeding one month or with fine of not less than one thousand rupees or with both-
(a) allowing intentionally any cattle to stray, or keeping any cattle or conveyance of any kind standing longer than is required for loading or unloading or for taking up or getting down passengers, or leaving any conveyance in such a manner as to cause inconvenience or danger to the public or uses the public road or thoroughfare or footpath for sale or storage of goods;
(b) indulges in a drunken brawl or affray or assaults any person or indulges in any indecent exposure of the body;
(c) neglecting to fence in or duly protect any well, tank, hole or other dangerous place or structure under his charge or possession; or otherwise creating a hazardous situation in a public place;
(d) defacing, or affixing notices, or writing graffiti on walls, buildings, road signs or other structures without the prior permission of the custodian of the property;
(e) willfully damaging or sabotaging any public alarm system;
(f ) knowingly and willfully causing damage to an essential service, in order to cause general panic among the public;
(g) acting in contravention of a notice publicly displayed by the competent authority in any Government building:
Provided that the police shall take cognizance of this offence only upon a complaint made by an authorized functionary of the concerned office;
(h) Causing annoyance to a woman by making indecent overtures or calls or by stalking:
Provided that the police shall take cognizance of this offence only upon a complaint made by the victim, or any person authorized by her;
(i) releases any obnoxious gas or fluid which causes annoyance or inconvenience or likely injury to anyone.
(2) Whoever commits any offence under sub-section (1), on subsequent conviction shall be liable to enhanced punishment, including imprisonment not exceeding three months.
Prosecution of police 80. No court shall take cognizance of any offence under this Act when the accused officer.
person is a police officer except on a report in writing of the facts constituting such offence by, or with the previous sanction of an officer authorized by the State Government in this behalf.
Prosecution for offences 81. Subject to the provisions as contained in section 300 of the Code of Criminal under other laws.
Procedure, 1973 (Act 2 of 1974), nothing in this Act shall be construed as preventing any person from being prosecuted and punished under any other law for anything done or made punishable by this Act.
Limitation of actions. 82. No court shall take cognizance of any offence under this Chapter after the expiry of the period of limitation as provided for in section 468 of the Code of Criminal Procedure, 1973 (Act 2 of 1974). For computing the limitation period, provisions of Chapter XXXVI of the code of Criminal Procedure, 1973 (Act 2 of 1974), shall apply.
Chapter X Miscellaneous Powers of 83. All powers, functions and duties of the Superintendent of Police of a district Superintendent of Police to be exercised by described in this Act shall be exercised, in respect of areas notified under section 9 of Commissioner.
this Act, by the Commissioner or any other officer authorized in this behalf.
Disposal of fees and 84. All fees paid for licenses or written permission issued under this Act, and all sums rewards.
paid for the service of processes by police officers and all rewards, forfeitures and penalties or shares thereof which are by law payable to police officers as informers shall, save in so far as any such fees or sums belongs under the provisions of any enactment in force to any local authority, be credited to the State Government:
Provided that with the sanction of the State Government or under any rule made by the State Government in this behalf, the whole or any portion of any such reward, forfeiture or penalty may for special services, be paid to a police officer, or be divided amongst two or more police officers.
Method of proving orders 85. Any order or notification published or issued by the State Government or any and notifications.
officer under any provision of this Act, and the due publication or issue thereof may be proved by the production of a copy thereof in the Official Gazette, or of a copy thereof signed by such officer, and certified by him to be true of an original published or issued according to the provisions of the section of the Act applicable thereto.
Validity of rules and 86. No rule, regulation, order, direction, or notification made or published and no orders.
adjudication, inquiry or act done under any provision of this Act, or under any rules made thereunder, which is in substantial conformity with the same, shall be deemed illegal, void or invalid merely by reason of any defect or form.
officers holding charge 87. Whenever in consequence of the office of a Commissioner or police officer of or succeeding to vacancies competent to becoming vacant, any officer holding charge of the post of such Commissioner or exercise powers.
police officer or succeeds, either temporarily or permanently, to his office, such officer shall be competent to exercise all the powers and perform all the duties respectively conferred and imposed by this Act on such Commissioner or police officer, as the case may be.
Licenses and 88. (1) Any license or written permission granted under the provisions of this Act shall permissions.
specify the period and locality for which and the conditions and restrictions subject to which, the same is granted, and shall be given under the signature of the competent authority and such fee shall be charged therefor, as may be prescribed.
(2) Any license or written permission granted under this Act may at any time be suspended or revoked by the competent authority, if any of the conditions or restrictions is infringed or evaded by the person to whom it has been granted, or if such person is convicted of any offence in any matter to which such license or permission relates.
(3) When any such license or written permission is suspended or revoked, or when the period for which the same was granted has expired, the person to whom the same was granted shall for all purposes of this Act, be deemed to be without a license or written permission until the order for suspending or revoking the same is cancelled, or until the same is renewed, as the case may be.
(4) Every person to whom any such license or written permission has been granted, shall, while the same remains in force, at all reasonable times, produce the same, if so required by a police officer.
Explanation. - For the purpose of this section any such infringement or evasion by, or conviction of, a servant or other agent acting on behalf of the person to whom the license or written permission has been granted, shall be deemed to be infringement or evasion by, or as the case may be, conviction of the person to whom such license or written permission has been granted.
Public notices. 89. Any public notice required to be given under any of the provisions of this Act shall be in writing under the signature of a competent authority and shall be published in the locality to be affected thereby, by affixing copies thereof in conspicuous public places, or by proclaiming the same with beat of drums, or by advertising the same in such local newspapers of English or regional language or Hindi as the said authority may deem fit, or by any two or more of these more of these means or by any other Consent of competent authority.
Signature on notices.
Power to make rules Power to remove difficulties.
means as it may think suitable:
Provided that the competent authority may, on being satisfied that it is in public interest to bring any regulation into force with immediate effect, make such direction or regulation without previous publication.
90. Whenever under this Act, the doing or the omission to do anything or the validity of anything depends upon the consent, approval, declaration, opinion or satisfaction of a competent authority, a written document signed by a competent authority purporting to convey or set forth, such consent, approval, declaration, opinion or satisfaction, shall be sufficient evidence thereof.
91. Every license, written permission, notice, or other document, not being a summons or warrant or search warrant, required by this Act, or by any rule made thereunder, to bear the signature of the competent authority, shall be deemed to be properly signed if it bears a facsimile of his signature stamped thereon.