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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 35] NEW DELHI, THURSDAY, AUGUST 3, 1918/SRAVANA 12, 1900

Separate paging is given to this Part in order that it may be filed

as a separate compilation

LOK SABHA

The following Bills were introduced in Lok Sabha on the 3rd August,

1978: —

BILL NO. 119 OF 1978 A Bill further to amend the Constitution of India.

BE it enacted by Parliament in the Twenty-ninth Year of the Republic

of India as follows: —

1. (1) This Act may be called the Constitution (Forty-sixth Amend-

ment) Act, 1978.

(2) It shall come into force on such date as the Central Government

Short title and commence- ment.

may, by notification in the Official Gazette, appoint.

2. For article 338 of the Constitution, the following articles shall be

substituted, namely:—

Substitu- tion of new arti- cles for article 338.

"338. (1) There shall be a Commission for the Scheduled Castes

and Scheduled Tribes.

Commis- sion for Scheduled Castes and Scheduled Tribes.

(2) Subject to the provisions of any law made in this behalf by Parliament, the Commission shall consist of such person or persons as the President may appoint and the conditions of service and tenure of office of the person or persons so appointed shall he such as the President may by rule determine.

(3) It shall be the duty of the Commission—

(a) to investigate all matters relating to the safeguards pro- vided for the Scheduled Castes and Scheduled Tribes under this Constitution;

(b) to submit to the President, at such intervals as he may

direct, reports upon the working of those safeguards;

(c) to make in such reports such recommendations as the Commission may deem fit as to the measures that should be taken

(971)

by the Union or any State for the effective implementation of those safeguards; and

(d) to discharge such other functions in relation to the pro- tection and advancement of the Scheduled Castes and Scheduled Tribes as the President may by rule specify. (4) The President shall cause all such reports to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relat- ing to the Union and the reasons for the non-acceptance, if any, of any such recommendation.

(5i) Where any such report, or any part thereof, relates to, any matter with which any State Government is concerned, a copy of such report shall be forwarded rto the Governor of the State who shall cause it to be laid before the Legislature! of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendation;, relating to the State and the reasons for the non-acceptance, if any, of any such recommendation.

(6) In this article, references to the Scheduled Castes and Sche- duled Tribes shall be consti'Ued as including references to such other backward classes as the President may, on receipt of the report of a Commission appointed under clause (1) of article 340, by order specify.

338A. (1) There shall be a Commission for the minorities to be known as the Minorities Commission.

Minorities Commis- sion

(2) Subject to the provisions of any law made in this behalf by Parliament, tho Commission shall consist of such person or persons as the President may appoint and the conditions of service and tenure of office of the person or persons so appointed shall be "uch as the President may by rule determine.

(3) It shall be the duty of the Commission—

(a) to investigate all matters relating to the safeguards pro- vided for the minorities under this Constitution;

(b) to submit to the President, at such intervals as he may direct, reports upon the working of those safeguards;

(c) to make in such reports such recommendations as the Commission may deem fit as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards; and

(d) to discharge such other functions in relation to the pro- tection of the minorities as the President may by rule specify. (4) The President shall cause all such reports to be laid before each House of Parliament along with, a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any such recommendation.

(5) Where any such report, or any part thereof, relates to any matter with which anv State Government is concerned, a copy of such report shall be forwarded to the Governor of the State who shall cause it to be laid before the Legislature q£ the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any such recommendation.".

3. Article 350B of the Constitution shall be omitted.

Omission of arti- cle 350B.

STATEMENT OF OBJECTS AND REASONS

Article 338 of the Constitution provides that there shall be a Special Officer for the Scheduled Castes and Scheduled Tribes whose duty it shall be to investigate all matters relating to the safeguards provided for the Scheduled Castes and Scheduled Tribes under the Constitution and to report upon the working of those safeguards at prescribed intervals. Ac- cordingly, the President has appointed a Special Officer designated as the Commissioner for the Scheduled Castes and Scheduled Tribes. However, considering the magnitude of the problem, it has been felt /that instead of having one officer reporting on the safeguards, it will inspire greater con- iidence if the matters relating to the Scheduled Castes and the Scheduled Tribes are entrusted to a Commission consisting of persons of eminence and status.

2. Similarly, the Constitution provides in article 350B for a Special Officer for Linguistic Minorities. The Government are of the view that appointment of a Commission to safeguard the interests of aU minorities, whether based on religion or language, would provide a more satisfactory institutional arrangement for achieving the desired objective. A Minorit- ies Commission was, therefore, set up by an executive order. Such a Commission would, if set up in pursuance of Constitutional provisions, inspire greater confidence among |th,e minorities.

3. It is, therefore, proposed to amend the Constitution to substitute for article 338 twoi new articles to provide for the aforementioned Com- missions and to omit article 350B.

4. The Bill seeks to achieve the above objects.

NEW DELHI;

The 20th July, 1&78. DHANIK LAL MANDAL.

FINANCIAL MEMORANDUM

Clause 3 of the Bill seeks to subsiti'tute for article 338 new articles 338

and 338A.

2. New article 338 provides for a Commission for the Scheduled Castes and Scheduled Tribes in place of the Special Officer for the Sche- duled Castes and Scheduled Tribes. It is proposed to merge the existing organisation of the Commissioner for the Scheduled Castes and Scheduled Tribes with the proposed new Commission. Even so, the provisions of new article 338 will involve additional expenditure as the Commission will be a multi-member Commission. Further, it will be necessary to augment the strength of the existing organisation of the Commissioner for the Scheduled Castes and Scheduled Tribes. The details of the addi- tional staff requirements and the organisational set up of the Commission for the Scheduled Castes and Scheduled Tribes would be settled after the Commission is set up. It is, therefore, not possible to give a precise estimate of the additional expenditure involved, at this stage. It is, how- ever', estimated that the non-recurring expenditure which may be involv- ed would be about Rs. 4.3 lakhs and the recurring expenditure would be about Rs. 5.7 lakhs per annum.

3. New article 338A provides for a Commission for the Minorities in place of the Special Officer for Linguistic Minorities under article 350B. Even now a Minorities Commission set up by an executive order is func- tioning. The office of the Commissioner for Linguistic Minorities, which came into existence in 1957 will stand abolished with the setting up of the Minorities Commission under new article 338A. It is estimated that the non-recurring expenditure in respect of the Minorities Commission is likely to be of the order of Rs. 6.3 lakhs while the recurring expenditure is likely to be Rs. 8.2 lakhs per annum.

4. The provisions of. the Bill do not involve any other expenditure

of a recurring or non-recurring nature.

BILL N O. 120 OF 1978

A Bill tv amend and conr,zhdcite the law relating to the regulation 0/ the

•police in tlie Union territory of Delhi.

BE it enacted by Parliament in the Twenty-ninth Year of th$ Republic

of India as follows: —

CHAPTER I

PRELIMINARY

1. (1) This Act may be called the Delhi Police Act, 1978.

(2) It extends to the whole of the Union territory of Delhi.

(3) It shall be deemed to have come into force on the 1st day of July,

Short title, extent and com- mence- ment.

1978.

2. In this Act, unless the context otherwise requires —

Deflni. tions.

(a) "Administrator" means the Administrator of Delhi appointed

under article 239 of the Constitution;

(b) "cattle" includes elephants, camels, horses, asses, mules, iheep, goats and swine;

(c) "competent authority", when used with reference to the exercise of any power or discharge of any duty under the provisions cf |thls Act, means the Commissioner of Police appointed under section 6 or any other police officer specially empowered in that be- half by the Central Gcvernmijni;

(rt) "constable" means a police officer of the lowest grade;

(c) "Corporation" means the Municipal Corporation of Delhi

66 ol 1957.

constituted under the Delhi Municipal Corporation Act, 1957;

(f) "Delhi" means the Union territory of Delhi;

(fir) "Delhi police" or "police force" means the police force referred to in section 3 and includes—

(i) all persons appointed as special police officers under sub-section (1) of section 17 and additional police officers appointed under section 18; and

(ii) all other persons, by whatever name known, who

exercise any police function in any part of Delhi;

(h) "eating house" means any place to which the public are admitted and where any kind of food or drink is supplied for con- sumption on the premises by any person owning, or having any Inte- rest In, or managing, such place and includes—

(1) a refreshment room, boarding house or coffee house, or

(ii) n shop where any kind of food or drink is supplied to

the public for consumption In or near such shop,

but does not include a place of public entertainment;

(i) "municipality" means the New Delhi Municipal Com- mittee, the Cantonment Board or any other municipal body, other than the Corporation, established by or under any law for the time being in force in or any part of Delhi;

(j) "place" includes—

(i) any building, tent, booth or other erection, whether

permanent or temporary; and

(ii) any area, whether enclosed or open;

(k) "place of public amusement" means any place where music, •inging, dancing or game or any other amusement, diversion, or recreation or the means of carrying on the same is provided, to which the public are admitted either on payment of money or with the intention that money may be collected from thmse admitted and includes a race course, circus, theatre, music hall, billiard or bagatelle room, gymnasium, fencing school, swimming pool or dancing hall;

(I) "place of public entertainment" means a lodging house, ooarding and lodging hiouse or residential hostel and includes any eating house or other Tilace In which any kind of liquor or Intoxi- cating drug is supplied (guch as a tavern or a shop where beer,

spirit, arrack, toddy, ganja, bhang or opium, is supplied) to the public for consumption in ior near such place;

(m) "police officer" means any member of the Delhi police;

(n) "prescribed" means prescribed by rules;

(0) "public place" means any place to which the public have access, whether as of right or not, and includes—

(i) a public building and monument and precincts thereof;

and

(ii) any place accessible to the public for drawing water, washing or bathing or for purposes of recreation;

(p) "regulations" means regulations made under this Act; (q) "rules," means rules made under this Act;

(r) "street" includes any highway, bridge, way over a cause- wny, viaduct or arch or any ;oad, lane, footway, square, court, alley or passage accessible to the public, whether or not it is a thoroughfare;

(s) "subordinate ranks" means members of the police force of and below the rank of the Inspector;

(t) "vehicle" means any carriage, cart, van, dray, truck, hand- cart or other conveyance of any description and includes a bicycle, tricycle, a rickshaw, a motor vehicle, a vessel or an aeroplane.

CHAPTER II

ORGANISATION, SUPERINTENDENCE AND CONTROL OF THE POLICE FORCE

3. There shall be one police force for the whole of Delhi and all offi- cers and subordinate ranks of the police force shall be liable for posting to any branch of the force including the Delhi Armed Police.

One poliitt

forcc for

the whols

of Dtlhi.

4. The superintendence of the Delhi police throughout Delhi shall vest in, and be exercisable by the Administrator and any control, direc- tion or supervision exercisable by any officer over any member of the police force shall be exercisable subject to such superintendence.

Superin- tendence of police force to vest in the Adml- nistrator.

5. Subject to the provisions of this Act,—

Constitu- tion, of police force.

(a) the Delhi police shall consist of such number in the several ranks and have such organisation and such powers, functions and duties as the Administrator may, by general or special order, deter- mine; and

(b) the recruitment to, and the pay, allowances and all other conditions of service of the members of, the Delhi police shall be such as may be prescribed:

Provided that nothing in clause (b) shall apply to the recruit- ment to, and the pay, allowances and other conditions of service of the members of the Indian Police Service or the Delhi, Andaman and Nicobar Islands Police Service.

Commis. •loner of Police.

6. For the direction and supervision of the police (force in Delhi, the Administrator shall appoint a Commissioner of Police who shall exercise and perform such powers and duties and perform such functions as are specified hy or under this Act.

7. (1) The Administrator may appoint one or more Additional Com-

missioners of Police for the purposes of this Act

Additional Commis- sioner of Police.

(2) The Additional Commissioner of Police shall—

(a) assist the Commissioner of Police in the exercise of his powers and the performance of his duties in such manner and to such extent, and

(b) exercise such powers and perform such duties of the Com-

missioner of Police and within such local limits,

as the Administrator may, by general or special order, specify.

8. (1) The Administrator may appoint one or more Deputy Commis- sioners of Police or Additional Deputy Commissioners of Police or Assistant Commissioners of Police for the purposes of this Act.

Deputy, Additional Deputy and Assistant Commis- sioners of Police.

(2) Without prejudice to the other provisions of this Act and subject to any general or special orders made by the Administrator in this behalf, every Deputy Commissioner of Police or Additional Deputy Commissioner of Police or Assistant Commissioner of Police shall, under the orders of the Commissioner of Police, exercise such of the powers (except the power to make regulations) and perform such of the duties of the Commissioner of Police and within such local limits as may be specified in such orders.

9. (1) (a) The Administrator shall appoint a police officer not below the rank of a Deputy Commissioner of Police to be the Principal of the Police Training School for Delhi.

Appoint- ment of Principals of Police training institu- tions.

(b) The Commissioner of Police may by general or special order assign to the Principal of the Police Training School such powers and duties as he may deem fit for the proper functioning of that School.

(2) (a) The Administrator may establish a Police Training College for Delhi and appoint a police officer of appropriate rank to be the Principal of such College.

(ib) The Commissioner of Police may by general or special order assign to the Principal of the Police Training College such powers and duties as he may deem fit for the proper administration of that College.

10. Subject to the control of the Administrator, the Commissioner of

Police shall—

(a) constitute police districts within Delhi;

(b) divide such police districts into police sub-divisions and specify the police stations comprised in each such sub-division; and

Consti- tution of police districts, sub-divi- sions and police stations.

(c) define the limits and extent of such police districts, police

sub-divisions and police stations.

11. (3) Each police district shall be under the charge of a Deputy Commissioner of Police who may be assisted in the discharge of his du- ties by one or more Additional Deputy Commissioners of Police.

(2) Each police sub-division shall be under the charge of an Assis- tant Commissioner of Police and each police station shall be under the charge of an Inspector of Police.

Officers in charge of police districts, police sub- divisions ana police stations.

12. Subject to such general or special orders in writing as the Admi-

nistrator may make in this behalf,—

(a) Inspectors of Police may be appointed by the Additional

Appoint- ment of subordi- nate ranks.

Commissioner of Police; and

(b) Sub-Inspectors of Police and other officers of subordinate rank may be appointed by the Deputy Commissioners of Police, Addi- tional Deputy Commissioners of Police, Principal qf the Police Training College or of th© Police Training School, or any other police officer of equivalent rank.

VS. (1) Every police officer of the rank of Inspector and below shall

on enrolment receive a certificate of appointment.

Certificate of ap- point- ment.

(2) The certificate shall be issued under the seal of such officer, and shall be in such form, as the Administrator may, by general or special order, specify.

(3) A certificate of appointment shall become null and void when the person named therein ceases to belong to the Delhi police or shall re- main inoperative during the period such person is suspended from the Delhi police.

14. The powers, functions and privilages vested in a police officer shall remain suspended while such police officer is under suspension from office:

Effect of suspension of police officer.

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 subject if he had not been under suspension.

General powers of Commis- sioner of Police.

15. The Commissioner of Police shall direct and regulate all matters of arms, drill, exercise, observation of persons and events, mutual rela- tions, 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.

16. The Commissioner of Police shall have the authority to investigate and regulate all matters of account connected with'the Delhi police and all persons concerned shall be bound to give him reasonable aid and faci- lities in conducting such investigations and to conform to his order3 con- sequent thereto.

Power of Commis- sioner of Police to investigate and regu- late mat- ters of police ac- counts.

Special police officers.

17. (1) The Commissioner of Police may, at any time, by a written order, signed by himself and sealed with his own seal, appoint any able bodied male person not less than eighteen years of age, whom he considers

fit, to be a special police officer to assist the Delhi police on any occasion, when he has re-ason to apprehend the occurrence of any riot or grave disturbance of the peace in any area and he is of opinion that the ordinary police force is not sufficient for the protection of persons residing, and for the security of property, within such area.

(2) The Commissioner of Police shall publish the names of special police officers appointed under this section in such manner as may be proscribed.

i-

(3) Any person objecting to the appointment of any person as such special police officer may send his reasons for such objection to the Com- missioner of Police within fifteen days of such appointment and the Com- missioner may accept such objection and cancel the appointment of such officer or, after giving to the objector an opportunity to be heard, reject the objection.

(4) Every special police officer appointed under this section shall, on appointment,—

(a) receive ai certificate of appointment in such form as may be specified by the Administrator in this behalf;

(fa) have the same powers, privileges and immunities and per- form the same duties and be subject to the same authorities as an ordinary police officer.

18. Whore additional police officers axe required to be deputed under section 38, section 39 or section 40 the Commissioner of Police may appoint such number of additional police officers as he considers neces- sary and every such additional police officer shall, on appointment,—

(a) receive a certificate of appointment in such form as may be specified by the Administrator in this behalf;

(fa) have such of the powers, privileges and immunities and per- form such of the duties of a police officer as are specifically mention- ed in the certificate; and

(c) be subject to the same authorities as an ordinary police offi- cer of the same or similar rank or grade.

CHAPTER III

REGULATION, CONTROL AND DISCIPLINE OF THE DELHI POLICE

19. Subject to the orders of the Administrator, the Commissioner of Police may make regulations not inconsistent with this Act or any other law for the time being in force—

(a) regulating the inspection of the police force by his subordi- nates;

Framing of regula- tions for adminis- tration of the police.

(fa) determining the description and quantity of arms, accoutre- ments, 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 the distribution, movements and location of the police;

(f) assigning duties to police officers of all ranks and grades, and prescribing the manner in which, and the conditions subject to which they shall exercise and perform their respective powers and duties;

(gl) 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.

20. The Commissioner of Police may call for such returns, roports and statements on any subject connected with the prevention and detection of crime, the maintenance of order and the performance of the duties of his subordinates as such subordinates may be able to furnish to him.

Commis- sioner of Police may- call for returns.

Powers of punish- ment.

21. (1) Subject to the provisions of article 311 of the Constitution and the rules, the Commissioner of Police, Additional Commissioner of Police, Deputy Commissionor of Police. Additional Depufv Commissioner of Police, Principal of the Police Training College or of the Police Train- ing School or any other officer of equivalent rank, may award to any police officer of subordinate rank any of the following punishments, namely: —

(a) dismissal;

(b) removal from service;

(c) reduction in rank;

(d) forfeiture of approved service;

(e) reduction in pay;

(f) withholding lof increment; and

(g) fine not exceeding one month's pay.

(2) Subject to the rules—

(a) anv police officer specified in sub-section (I) may award the punishment of censure to any police officer of subordinate rank;

(b) the Assistant Commissioner of Police may award the punish- ment (of censure to police officers of, or below, the rank of Sub- Inspectors of Police;

(c) any police officer of, and above, the rank of Inspector mav award punishment drill not exceeding fifteen days or fatigue duty or any other punitive duty to constables.

(3) Nothing in sub-section (1) or sub-section (2) shall affect any police officer's liability for prosecution and punishment for any offence committed by him.

(4) The Commissioner of Police, Additional Commissioner of Police, Deputy Commissioner of Police, Additional Deputy Commissioner of Police, Principal of the Police Training College or of the Police Training School, Assistant Commissioner of Police, or any other police officer of equivalent rank may suspend any police officer of subordinate rank who

is reasonably suspected to be guilty of misconduct, pending an investiga- tion or enquiry into such misconduct.

(5) An Inspector of Police may suspend any police officer below the rank of Sub-Inspector of Police, who is reasonably suspected to be guilty of misconduct, pending an investigation or enquiry into such misconduct.

Procedure for awarding punish- ments.

22. When any officer passes an order of awarding a punishment of dismissal, removal from service, reduction in rank, forfeiture of ser- vice, reduction in pay, withholding od: increments or fine, he shall record such order or cause the same to be recorded together with the reasons therefor, in accordance with the rules.

23. An appeal against any order of punishment passed against a police officer under section 21 or the rules thereunder [not being an order of punishment under clause (c) of sub-section (2) of that section] shall lie—

Appeal from orders of punish- ment.

(a) where the order is passed by the Commissioner of Police,

to the Administrator;

(b) where the order is passed by an Additional Commissioner

of Police, to the Commissioner of Police;

(c) where the order is passed by a Deputy Commissioner of Police, Additional Deputy Commissioner of Police, Principal of the Police Training College or School, Assistant Commissioner of Police or any other officer of equivalent rank, to the Additional Commis- sioner of Police.

24. 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 any part of Delhi may, If the Commissioner lof Police so directs, at any time, be employed on police duty in any other part of Delhi for so long as the services of the police officer or number or body of police officers may be required in such other part of Delhi.

25. (7) Resignation of any police officer of subordinate rank may be accepted only by the officer empowered to appoint (the officer so em- powered to appoint being hereafter in this section referred to as the appointing authority) officers of such subordinate rank.

Police offi- cers to be deemed to be always on duty and to be liable to employ- ment in any part of DelhL Circums- tances under which police officer of subordi- nate rank may resign.

(2) A police officer of subordinate rank who intends to resign from police service shall give to the appointing authority notice in writing to that effect and shall not be permitted to withdraw himself from dutv unless he has been granted permission to resign by such authority and two months have elapsed from the date on which he tendered his resig- nation:

Provided that the appointing authority may at his discretion, permit a Head Constable or a constable to withdraw himself from duty on his crediting to the Government two months' pay in lieu of notice.

(3) A Head Constable or a constable who has agreed to serve for any specific period may not be permitted to resign before the expiry of that period.

(4) Inspectors, Sub-Inspectors or Assistant Sub-Inspectors of Police, whose appointments involve training at any Police Training College or

Police Training School ma> n t be permitted to resign within three years from the date of then successfully completing the training.

(5> No police officer of subordinate rank whose resignation has been accented by tlu appointing authority shall be permitted to withdraw Kun duty until he has fully discharged all debts, due from him as such P->li?c officer to G'Dvernm^nt or to any police fund and has surrendered his certificate of appointment, arms, accoutrements, uniform and all other Government property in his possession and has also rendered a complete account of all Government money and property for which he ;o responsible.

(6) Notwithstanding anything contained in this section if any police officer of subordinate rank tenders his resignation on medical grounds and produces a certificate signed by the police surgeon or any other medical officer authorised by the Administrator in this behalf declaring him to be unfit by reason of disease or mental or physical incapacity for further service in the police, the appointing authority shall forthwith permit him to withdraw from duty on his discharging, or giving a satisfactory security for the payment of, any debt due from him as such police officer to Government or to any police fund:

Provided that he shall forthwith return the certificate of appoint- ment, arms, accoutrements, uniform and all other Government pro- perty in his possession before he is permitted to withdraw from duty.

(7) If any such police officer of subordinate rank resigns or withdraws himself from the duties of his office in contravention of this section, he shall be liable on the orders of the appointing authority to forfeit all arrears of pay then due to him in addition to the penalty to which he may be liable under section 22 or any other law for the time being in force.

(8) Every such police officer on leaving the service in the Delhi police as aforesaid shall be given by the appointing authority a Discharge Certificate in such form as may be prescribed.

Certifi- cate, arms, etc., to be deli- vered by person ceasing to be a police officer, 26. (1) Every person who for any reason ceases to be a police officer shall forthwith deliver to the officer empowered by the Commissioner of Police, the Additional Commissioner of Police, Deputy Commissioner of Police, Principal of the Police Training College or of the Police Training School, Additional Deputy Commissioner of Police or any other officer ol equivalent rank to whom such officer Is subordinate, to receive the same, his certificate of appointment and the arms, accoutrements, cloth- ing and other accessories which have been provided to him for the per- formance of duties and functions connected with his office.

(2) (a) Any Metropolitan Magistrate and, for special reasons which shall be recorded in writing at the time, the Commissioner of Police, Additional Commissioner of Police, Principal of the Police Training Col- lege or of the Police Training School or a Deputy Commissioner, Addi- tional Deputy Commissioner or an Assistant Commissioner of Police maj issue a warrant to search for and seize wherever they be found, an,v certificate, arms, accoutrements, clothing or other accessories not deli- vered under sub-section (1).

2 of 1974.

(£>) Every warrant so issued saall b > executed by a police officer or, if the Metropolitan Magistrate or the police officer issuing the warrant so directs, by any other person m the sa.i ° manner a^ if it were a warrant for a search issued under the Code of Criminal Procedure, 1973.

(3) Nothing in this section shall apply in relation to rnv article vhich under the orders of the Commissioner of Police has bee ~ni the property of the person to whom the same was provided,

27. (2) A police officer occupying any premises provided by the Com-

missioner of Police for his residence shall—

(a) occupy the same subiect to such terms and conditions as may, by general or special order, be specified by the Commissioner of Police; and

Occupa- tion of, and liability to vacate, premises provided for police officers.

(b) notwithstanding anvthing contained in any law for the time being in force, vacate the same on his ceasing to be i police officer or whenever the Commissioner of Police or any office¹' authorised by the Administrator in this behalf considers it, for reasons to be re- corded in writing, 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 f?ils to do so, the Administrator or the officer au- thorised in this behalf by the Administrator may order such person to vacate the premises and may direct ?ny police officer with such assist- ance as may be necessary to enter upon the premises and remove there- from any person found theiein and to take possession of the premises and deliver the same to any person specified in the direction.

CHAPTER TV

POLICE REGtaATioNS

28. (2) The Commissioner of Police m=>y, by notification in the Official Gazette, make regulations to provide foi all or any of the following mat- ters, namely: —

purpose of advertisement, which Ls visible against the sky from some point in any street and is hoisted or held aloft over any land, build- ing or structure at such height as may be specified in the regulations, having regard to the traffic in the vicinity, and the likelihood of such sign, device or representation at that height being a distraction, or causing obstruction, to such traffic;

(/) specnymg certain hums of the day during which cattle shall not be driven, or, as the case may be, driven only in accordance with such regulations, along tne streets, or along certain specified streets;

(g) regulating the leading, driving, conducting or conveying of any elephant or wild or dangerous animal through or in any street;

(h) regulating and controlling the manner and mode of convey- ing timber, scaffold poles, ladders, iron girders, beams or bars, boil- ers or other unwieldy articles through the streets, and the route and hours for such conveyance;

(i) licensing, controlling or, in order to prevent obstruction, in- convenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity, prohibiting the carrying in streets and public places of gunpowder or any other explosive substance;

(j) prohibiting, except along certain specified streets and during specified hoUi-s and subject to such conditions as may be specified in that behalf, the exposure or movement in any street of persons or animals suffering from contagious or infectious diseases, the carcasses of animals or parts of such carcasses or corpses of per- sons deceased;

(k) specifying certain hours of the day during which ordure or offensive matter or objects shall not be taken trorn or into houses or buildings in certain streets or conveyed through such streets except in accordance with such regulations;

(I) setting apart places ior slaughtering animals, the cleaning of carcasses or hides, the deposit of noxious or offensive matter and for obeying calls of nature;

(m) in cases of existing 01 apprehended epidemic or infectious disease of men or animals, the cleanliness and disinfection of premises by the occupier thereof and residents therein and the segregation and management of the persons or animals diseased or supposed to be diseased, as may have been directed or approved by the Admini* strator, with a view to prevent the disease or check the spread thereof;

(n) directing the closing or disuse, wholly or for certain pur- poses, 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;

(o) licensing, controlling or, in order to prevent obstruction, in- convenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity, prohibiting the playing of music, the beat- ing iof drums, tom-toms or other instruments and the blowing or sounding of hovnb or other noisy inVcuments in or near streets or other public places;

(P) regulating the conduct of or behaviour or action of per- sons constituting assemblies and processions on or along the streets and specifying in the case of processions, the routes by which, the order in which, and the limes at which, the same may pass;

(q) prohibiting the hanging or placing of any cord or pole across a street or part thereof, or the making of a projection or structure so as to obstruct traffic or the free access of light and air;

(r) prohibiting, except in accordance with such regulations, the placing of building materials or other articles or the fastening or detention of any horse or other animals in any street or public place;

(s) licensing, controlling or, in order to prevent obstruction, in- convenience, annoyance, risk, dangei or damage to the lesidents 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 ser- vants; of Government or Corporation or other Municipal officers duly authorised in that behalf, "

(ii) the blasting of rock or making excavations in or near

streets or public pjaces,

(in) ihe using of a loudspeaker in or near any public place

or in any place of public entertainment;

(t) closing certain streets or places temporarily, in caws of dan- ger fiom ruinous buildings or other cause, with such exceptions as snail appear reasonable;

(it) guarding against injury to person and property in the con- struction, repair and demolition of buildings, platforms and other structures from which danger may arise to passengers, neighbours or the public;

(v) prohibiting the setting oi lire to or burning oC any straw or

other matter, or lighting a bonfire or wantonly discharging a fire-arm or air-gun, or letting off or throwing a fire work or, sending up a fire baloon or rocket in or upon a street or within fifty feet ot a street or building or the putting up of any post or other thing on the aide of or across a street for the purpose of affixing thereto lamps or other contrivances for illumination except in accordance with regulations in this behalf;

(w) regulating the hours during which and the manner in which any place for the disposal of the dead, any dharniashala, 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;

(x) (i) licensing or controlling places of public amusement or

public entertainment;

(ii) prohibiting the keeping of places of public amusement or public entertainment or assembly, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the resident* or passengers in the vicinity; and

(Hi) regulating the means of entrance and exit at places of pub- lic amusement or public entertainment or assembly and providing for the maintenance of public order and the prevention of disturbance thereat;

(y) (i) licensing or controlling in the interest of public order, decency or morality or in the interest of the general public (with such exceptions as may be specified in-such regulations), musical, dancing, mimetic or theatrical or other performances for public am- usement, including melas;

(ii) regulating in the interest of public order, decency or mora- lity or in the interest of the general public, the employment of artists and the conduct of the artists and the audience at such performances;

(in) prior scrutiny of such performances and of the scripts in respect thereof, if any, and granting of suitability certificate there- for subject to conditions, if any, by a Board appointed by the Admi- nistrator for the purpose, either for the whole of Delhi or for the area concerned or by an Advisory Committee constituted by the Com- missioner of Police (the members of the Board or the Advisory Com- mittee being persons who in the opinion of the Administrator or, as the case may be. the Commissioner, possess knowledge of, or experi- ence an, literature, the theatre and other matters relevant to such scrutiny), provision for appeal against the order or decision of the Board or the Advisory Committee to an appellate autho- rity, its appointment or constitution, its procedure and other matters ancillary thereto, and the fees (whether in the form of court-fee stamps or otherwise) to be charged for the scrutiny of such perfor- mances or scripts, for applications for obtaining such certificates and foi issuing duplicates thereof and in respect of such appeals and any such performances and of the scripts in respect thereof granted buitabiliiy certificate by any State shall be exempted from this sec- tion;

(iv) regulating the hours during which and the places at which

such performances may be given;

(z) regulating or prohibiting the sale of any ticket or pass for admission, by whatever name called, to a place of public amuse- ment;

(za) registration of eating houses, including granting a certi- ficate iof registration in each case, which shall be deemed to be a written permission required and obtained under this Act for keeping the eating house, and annual renewal of such registration within a specified period;

(zb) prescribing the procedure in accordance with which any licence or permission sought to be obtained or required under this Act should be applied for and fixing the fees to be charged for any such licence or permiysion:

Provided that nothing in this section and no licence or certificate of registration granted under any regulation made thereunder shall autho- rise any person to import, export, transport, manufacture, sell or

possess any liquor, or intoxicating drug, in respect of which a licence, permit, pass or authorisation is required under any law relating to prohi- bition which is for the time being in force.

(2) The power to make regulations under clause (£>) of sub-section (1) shall be subject to the control of the Administrator and the power to make regulations under the other clauses of that sub-section shall be subject to the previous sanction of the Administrator.

10 of 18D7 (3) The power of making regulations under this section shall be subject to the condition of the regulations being made, after previous publication and for the purposes of section 23 of the General Clauses Act, 1807 such regulations shall be deemed to be rules; and every regulation made, under this section, shall also be pub- lished in the locality affected thereby \>y 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 Hindi, Urdu and English, or in two or more of these languages, as the Commissioner of Police may deem fit, or by any two or more of these means, or by any other means he may think suitable:

Provided that any such regulation may be made without previous publication if the Commissioner of Police is satisfied that circumstances exist which render it necessary that such regulation should be brought into force at once.

(4) If any regulation made under this section relates to any matter with respect to which there is a provision in any law, rule or bye-law of the Corporation or of any other municipal or local authority in rela- tion to public health, convenience or safety of the locality such regulation shall be subject to such law, rule or bye-law.

Power to give directions t0 the public.

29. The Commissioner of Police and, subject to the orders, if any, made by the Commissioner of Police, every police officer not inferior in rank to an Inspector, may from time to time as occasion may arise, but not so as to contravene any regulation made under section 28 or any law, rule, or bye-law referred to in sub-section (4) of that section, 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 streets;

(b) specify the routes by which and the times at which any

such processions may pass or shall not pass;

(c) prevent obstructions—

(i) on the occasion of all processions and assemblies; and

(ii) in the neighbourhood of all places of worship during

the time of worship; and

(Hi) 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, and at, and within, public bathing and washing places, fairs, temples, mosques, gurdwaras, churches and all other places of public resort or public worship;

(e) regulate and control the playing of music, singing or the beating of drums, tom-toms and other instruments and the blowing Or sounding of horns or other noisy instruments in, and ne"ar, any Street or public plac"i;

(f) regulate and control the use of loudspeakers in residential areas, streets, near any public places and places of public amuse- ment or public entertainment; or

(g) make reasonable orders consequential to, and in further- ance of, any order made under this section.

30. (1) The Commissioner of Police may, whenever and for such time as he shall consider necessary for the preservation of public peace or public safety, by notification publicly promulgated or addressed to individuals, prohibit, in relation to the whole of Delhi or any part thereof,—

Power tO prohibit fcertalft act3 for preven- tion of diaordet.

(a) the carrying of arms, cudgels, swords, spear3, bludgeons, guns, knives, sticks ov lathis, or any other article, which is capable of being used for causing physical violence;

(b) the carrying of any corrosive substance or explosives;

(c) the carrying, collection or preparation of stones or other missiles or instruments or means of casting or impelling missiles;

(d) the exhibition of persons or corpses;

(e) the public utterance of cries, singing of songs or playing of music; or

(f) the delivery of harangues, the use of gestures or mimetic re- presentations, and the preparation, exhibition or dissemination of pic- tures, symbols, placards or any other subject or thing which may, in the opinion of the Commissioner of Police, offend against decency or morality or undermine the security of the State.

(2) If any person goes armed with any such article as is referred to in clause (a) of sub-section (1) or carries any corrosive substance or explosive or missile or instrument in contravention of any prohibition under that sub-section, the article, corrosive substance or explosive or missile shall be liable to be seized from him by any police officer.

(3) The Commissioner of Police may, by notification publicly promul- gated prohibit any assembly or procession whenever and for such lime as he considers such prohibition to be necessary for the preservation of the public order.

(4) No notification promulgated under sub-section (.?) ^hall remain In force for more than fifteen days from the promulgation thereof:

Provided that if the Administrator considers it necessary so to do for the preservation of the public order he may, by order published in the Official Gazette, direct that such notification shall remain in force for such further period not exceeding six months from the date on which it would have, but for such order, expired as he may specify in the sai<3 order,

Pollce to provide against disorder, etc., at places of public amuse- ment or public assembly or meet-

ing

31. (1) For the purpose of preventing serious disorder or breach of the law or manifest and imminent danger to the persons assembled at any place of public amusement 'or at any assembly or meeting to which the public are invited or which is open to the public, any police officer of the rank of Assistant Sub-Inspector and above, present at such place of public amusement, or such assembly or meeting, may subject to such rules, regulations 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 tha" 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.

(£) Every police officer shall have free access to every place of public amusement, assembly or meeting for the purpose of giving effect to the provisions of sub-section (1) and to any direction made thereunder.

Power to prohibit, etc., con- tinuance of music, sound or noise.

St. (1) If the Commissioner of Police 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 of annoyance, disturbance, dis- comfort or injury, to the public or to any person who dwells, or occupies property, in the vicinity, he may, by 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 any street, open space or

any other premises of—-

(i) any vocal or instrumental music;

(ii.) sounds caused by the playing, beating, clashing, blow- ing or use in any manner whatsoever of any instrument, appli- ance or apparatus or contrivance which is capable of pro- ducing or reproducing sound; or

(in) use of loudspeaker or other apparatus for amplifying any musical or other sound at such pitch or volume as may cause disturbance to others, or

(b) the carrying on, in any premises, of any trade, avocation

or operation resulting in or attended with noise:

Provided that no directions shall be issued to any person under clause (b) without giving to such person an opportunity of being heard in the matter.

(2) The Commissioner 'of Police may, either on his 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 Com- missioner of Police shall afford to the applicant an opportunity of appearing before him either in person or by counsel and showing cause against the order and shall, if he rejects any such application cither wholly or m Pa r t, record the reasons for snnh rejection

Issue of order for preven- tion of riot, etc. 33. (I) In order to prevent or suppress any riot or grave distur- bance of peace, the Commissioner of Police may temporarily close or take possession of any building or other place and may exclude all or any persons therefrom, or may allow access thereto such persons only and on such terms as he shall deem expedient and all persons concerned shall be bound to conduct themselves in accordance with such orders as the Commissioner of Police may make and notUy In exer- cise of his powers under this section.

(2) If the lawful occupant of such building or place suffers any loss or Injury by reason of the action taken under sub-section (2), he shall be entitled, on an application made therefor to the competent authority 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 competent 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) In the event of any dispute In relation to the amount of com- pensation payable under sub-section (2) or the person to whom such amount shall be payable, the matter shall be referred by the competent authority to the District Collector whose decision thereon shall be final.

Mainten- ance of order at religiout or ceremo- nial display_ etc. 34. (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 the competent authority that a dispute or contention exists, which is likely to lead to grave disturbance of the peace, the competent authority may give such orders as to the con- duct of the persons concerned towards each other and towards the public as it shall deem necessary and reasonable under the circum- stances, regard being had to the apparent legal rights and to any established practice of the parties and of the persons interested and all persons concerned shall obey such orders.

(2) Every such order shall be published in the locality or place

wherein it is to operate.

(3) Every order under sub-section (1) shall be subject to any Judgment, decree, injunction or order made by a court having jurisdiction, ftnd shall be rescinded or altered on its being made to appear to the com- petent authority that such order is inconsistent with a judgment, decree, injunction or order of such court,

Commis- sioner of Police may take special measures to prevent outbreak of epide- mic disease at fairs, etc. 35. (1) Whenever it shall appear to the Commissioner of Police that any place in Delhi (being a place where on account of a pilgrimage, fair or other such occurrence, large bodies of persons have assembled or are likely to assemble) is visited or likely to be visited with an outbreak of any epidemic disease, he may In consultation with the Corporation or municipality within the local limits of the jurisdiction whereof such place is situated take such special measures and may by a public notice prescribe such regulations to be observed by residents of the said place and persons present thereat or repairing thereto or returning therefrom as he deems necessary to prevent the outbreak of •uch disease or the spread thereof.

(2) The expenses incurred by the Commissioner of Police in respect at the arrangements for sanitation and the preservation of order at or about the place of assembly referred to in sub-section (1) may be recovered from the Corporation or the municipality concerned.

36. (I) The Commissioner of Police may, by public notice, tempo- rarily reserve for any public purpose any street or other public place and prohibit persons from entering the area so reserved, except on such conditions as may be specified by him.

(2) The Commissioner of Police may, whenever in his opinion such

action is necessary,—

l'ower to reserve street or ©thei public place lor public purpose and power to authorise erecting of bar. riers in streets.

(a) 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 so as to satisfy himself that the pro- visions of any law for the time being in force have not been con- travened in respect of any such vehicle or by the driver or the person in charge of such vehicle; and

(b) make such orders as he deems fit for regulating the use

of such barriers.

37. (I) The Commissioner of Police may, from time to time, make regulations prohibiting the disposal of the dead, whether by cremation, burial or otherwise at places other than those set apart for such' purpose¹:

Provided that no such regulations shall be made in respect of any,

area for which places have not been so set apart:

Power to make regula- tions pro- hibiting disposal of the dead except at places set apart.

Provided further that the Commissioner of Police or any officer authorised by him in this behalf may, in his discretion, on an applica- tion made to, him by any person, grant to such person permission to dispose of 'the corpse of any deceased person at any place other than a place so set apart, if in his opinion such disposal is not likely to cause obstruction to traffic or disturbance of the public peace or is nort objec- tionable for any other reason.

(2) Any regulations made under 3ub-section (1) shall specify the places set apart for the disposal of the dead of different communities or sections of communities.

10 of 1897.

(3) All such regulations shall be deemed to be rules for the purposes of section 23 of the General Clauses Act, 1897 and shall be subject to the conditions of previous publication and the date to be specified under clause (3) of that section shall not be earlier than two months from the date on which the draft of the proposed regulations is published.

CHAPTER V

SPECIAL MEASUHES FOB MAINTENANCE or PUBLIC ORDER AND SECURITY OP

STATE

Employ- ment of additional police to keep peace.

38. (1) The Commissioner of Police may, on the application of any person, depute any additional number of police to keep the peace, to preserve order, to enforce any of the provisions of this Act or ot any other law in respect of any particular class or classes of offences or to perfom any other duties Imposed on the police at any place In Delhi,

ftsc. i>] Tfi£ OAZfiTl'E! OF itfDIA EXTRAORtilNARY' 9S>3

(?) Such additional police shall be employed at the cost (which

shall be determined by the Commissioner of Police in accordance with

the rules made in this behalf) of the person making the application,

but shall tie subject to the orders of the police authorities and shall be

employed for such period as the Commissioner of Police considers

necessary.

(3) If the person upon whose application such additional police are

employed shall at any time make a written requisition to the Commis-

sioner of Police for the withdrawal of the said police, he shall be

relieved from the cost thereof at the expiration of such period not

exceeding one week from the date of the delivery of such requisition

as the Commissioner of Police shall determine.

(4) Where there is any dispute as to the amount to be paid by way

of eost, the Commissioner of Police shall, on an application made in

that behalf by the aggrieved party, refer the matter to the District

Collector, whose decision thereon shall be final.

Employ, ment of additional police in cases of special danger to public peace.

39. (1) If In the opinion of the Administrator any area in Delhi is in a disturbed or dangerous condition or the conduct of the inhabitants or of any particular section or class of the inhabitants of such area renders it expedient to employ temporarily additional police in the area, he may, by notification in the Official Gazette, specify the area (hereafter in this section referred to as the disturbed area) in which, and the period for which, the additional police shall be employed and thereupon the Commissioner of Police shall depute such number of additional police officers as he considers necessary. In the disturbed area:

Provided that the period so specified may be extended by the

Administrator from time to time, If in his opinion it is necessary so

to do in the interests of the public.

{J) On the issue of notification under sub-section (I), the

Administrator may require the District Collector, or any other authority

specified by the Administrator, to recover, whether in whole or in

part the cost of such additional police generally from all persons who

are inhabitants of the disturbed area or specially from any particular

section or class of such persons, and In such proportion as the Adminis-

trator may direct.

(3) It shall be lawful for the Administrator to exempt, by oide*

tai writing, and for sufficient reasons, any person from liability to bear

any portion of the cost of such additional police.

Explanation.-ln this section and in section 41, the expression

"inhabitants", when used in relation to any disturbed area, includes

persons who themselves or by their agents or servants occupy or hold

land or other immovable property within such area and landlords who

themselves or by their agents or servants collect rent from holders or

occupants of land in such area notwithstanding that they do not actually

reidde therein.

40. {1) Whenever It appears to the Administrator qr to the compe-

tent authority that—

(a) Any large work which is being carried on or any public amusement which Is being conducted In any place Is likely to Impede the traffic or to attract a large number of people; or

(b) 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 employ- ment of additional police at such place,

Employ- ment of additional police at large work ^nd when apprehen- sion regarding behaviour of em. ployees exists.

the Administrator, or the competent authority, as the case may be, may depute such number of additional police to the said place for so long as the necessity to employ the additional police shall appear to the Adminis- trator or the competent authority to continue.

(2) Such additional police shall be employed at the cost of the person by whom the work, public amusement, manufactory or concern Is being constructed, conducted or carried on and the said person shall pay the costs therefor at such rates as the Administrator or the competent autho- rity, as the case may be, shall from time to time require.

Compen- sation for injury caused by- unlawful assembly how reco- verable.

41. (i) When any loss or damage is caused to any property or when death results or grievous hurt is caused to any person or persons, by anything done in th© prosecution of the common object of an unlawful assembly, the Administrator may, by notification in the Official Gazette, specify the area (hereafter in this section called the "disturbed area,") in which, and the date on which or the period during which, such un- lawful assembly was, in his opinion, held.

(2) On the issue of a notification under sub-section (I), the District, Collector may, after such inquiry as he deems necessary, determine the amount of the compensation which, in his opinion, should be paid to any person or persons in respect of the loss or damage or death or grievous hurt aforesaid.

(3) The amount of the compensation shall be deemed to be a fine imposed under this section, and shall be payable by the inhabitants of the disturbed area.

(4) It shall be lawful for the District Collector to exempt, by order in writing and for sufficient reasons, any person from liability to pay any portion of the compensation amount,

Dispute in regard to cost of deputing

additional

police or compensa- tion under section 41.

42. In the event of any dispute relating to the cost payable under section 39 or section 40 or the compensation determined under section 41 of the person or persons or the section or class of persons by whom or the proportion in which such cost or compensation should be paid, the matter shall be referred by the Collector, or the Administrator or the competent authority, as the case may be, on an application * made In that behalf by the aggrieved party, to the Chief Metropolttan Magistrate, whose decision thereof shall be final.

43. Any amount payable under section 38, section 39, section 40 or •action 41 shall be recovered in the same manner as if it were an arrear of land revenue.

RecovttiPy of amount payable under section 38, 39, 40 or 41

44. (I) Amounts payable under section 38, section 39, section 40 or

flection 41 shall, when recovered, be credited to the Government.

Collector to award compen- sation.

(2) The District Collector shall pay, from the amounts recovered by him as compensation payable under section 41, such amount as he deems just and proper by way of compensation to any person who has suffered loss or damage to property or grievous hurt or to the legal heirs of any person who died, by reason of anything done in the prosecution of the common object of the unlawful assembly.

(3) No compensation shall be paid under this section, except when a claim has been made therefor within forty-five days from the date of the notification referred to in sub-section (1) of section 41 and the District Collector is satisfied that the claimant, where the claim is by the person who suffered the loss, damage or grievous hurt, or the deceased, where the claim is by the legal heirs of such deceased, has been free from blame in connection with the occurrence which led to the loss, damage, grievous hurt or death.

(4) The compensation payable to any person under sub-section (2) shall not in any way be capable of being assigned or charged or be liable to attachment or to pass to any person other than the person entitled to it by operation of law, nor shall any claim be set off against the same.

(5) No civil suit shall be maintainable in respect of any loss, damage or grievous hurt for which compensation has been granted under this section.

3 ot 1974.

45. Without prejudice to the provisions contained in section 43, all amounts payable under section 39 or section 41 shall be recoverable in the manner provided in sections 421 and 422 of the Code of Criminal Procedure, 1973, as if each such amount were a fine imposed on an offen- dsr by a court.

Recovery of amounts payable under sections 39 and 41.

Dispersal of gangs and bodies of persons 46. Whenever It appears to the Commissioner of Police that the movement or encampment of any gang or body of persons in any part of Delhi is causing or is calculated to cause danger to person or property or alarm or reasonable suspicion that unlawful designs are entertained by such gang or body of persons or by members thereof, the Commis- sioner of Police may, by order addressed to the persons appearing to be the, leaders or chief men of such gang or body of persons and published by announcement or beat of drums, or otherwise as the Commissioner of Police thinks fit direct the members of such gang or body of persons—

(a) to so conduct themselves as shall seem necessary in order

to prevent violence and alarm; or

(b) to disperse and to remove themselves beyond the limits of Delhi, or any part thereof, within such time as the Commissioner

of Police shall specify and not to enter Delhi or the part thereof, as the case may be, ±rom which they were directed to remove them- selves.

47. Whenever it appears to the Commissioner of Police—

(a) that the movements or acts of any person a ie causing or are calculated to cause alarm, danger or h a rm to person or property; or

Removal of per- sona about to commit offences.

46 of 1860.

(b) that there are reasonable grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable u n d er Chapter XII, Chapter XVI, Chapter XVII or Chapter X X II of the Indian Penal Code or under section 290 or sections 489A to 489E (both inclusive) of that Code or in the abetment of any such offence; or

(c) that such person—

(i) is so desperate and dangerous as to render his being at large in Delhi or in any part thereof hazardous to the community;

Or

. l± ,>*Jt;k\ (ii) has been found habitually Intimidating other persons by acts of violence or by show of force; or

(Hi) habitually commits affray or breach of peace or riot, or habitually makes forcible collection of subscription or threatens people for illegal pecuniary gain for himself or for others; or

(iv) has been habitually passing indecent r e m a r ks on wo- m en and girls, or teasing them by overtures;

and that in the opinion of the Commissioner of Police witnesses are not willing to come forward to give evidence in public against such person by reason of apprehension on their part as regards t he safety of their person or property, the Commissioner of Police may, by order in writing duly served on such person, or by beat of drum or otherwise as he thinks tit, direct such person to so conduct himself as shall seem necessary in order to prevent violence and alarm or to remove himself outside Delhi or any part thereof, by such route and within such time as the Commla- sioner of Police may specify and not to enter or r e t u rn to Delhi or p a rt thereof, as the case may be, from which he was directed to remove himself.

Explanation.—A person who during a period within one year im- mediately preceding the commencement of an action under this section hag been found on not less than three occasions to have committed or to have been involved in any of the acts referred to in this section shall be deemed to have habitually committed that act.

48. If a person has been convicted—

(a) of an offence under Chapter XII, Chapter XVI or Chapter

45 of I860.

XVII of the Indian Penal Code; or

Removal of per- sons con- victed of certain offences.

Delhi Act 9 of 10Q& (b) of an offence under section 3 or section 4 of the Delhi Public Gambling Act, 1955, or under section 12 of that Act in so far as it relates to satta gambling or on two or more occasions under any other provision of that Act (including section 12 of that Act in so far as it does not relate to satta gambling); or

(c) of any offence under the Suppression of Immoral Traffic in

104 of 1956.

Women and Girls Act, 1956; or

(d) of any offence under section 25, section 26, section 27, section 54 of 1959.

28 or section 29 of the Arms Act, 1959; or

J>2 of 1962.

(e) of any offence under section 135 of the Customs Act, 1962; or

(f) of any offence under section 61, section 63 or section 66 of

the Punjab Excise Act, 1955^ as in force in Delhi; or

Punjab Act No. 18 of 1955.

(g) on two or more occasions of an offence under—

(i) the Opium Act, 1878; or

1 of 1878,

(ii) the Dangerous Drugs Act, 1930; or

2 of 1930,

23 of 1940.

(lit) the Drugs and Cosmetics Act, 1940; or

(iv) section 11 of the Bombay Prevention of Begging Act,

1959, as in force in Delhi; or

Bombay Act No. 10 of I960.

(h) on three or more occasions of an offence under section 105

or section 107 of this Act,

the Commissioner of Police may, if he has reason to believe that such person is likely again to engage himself in the commission of any of the offences referred to in this section, by order in writing, direct such per- son to remove himself beyond the limits of Delhi or any part thereof, by such route and within such time as the Commissioner of Police may specify and not to enter or return to Delhi or any part thereof, as the case may be, from which he was directed to remove himself,

40. Any direction made under section 46, section 47 or section 48 not to enter Delhi or any part thereof, shall be for such period as may be specified therein, and shall in no case exceed a period of two years from the date on which it was made.

Period of operation of orders under section 46, 47 or 48.

50- (I) Before an tfrder under section 46, section 47 or section 48 Is made against any person, the Commissioner of Police shall by notice in writing inform him of the general nature of the material allegations against him and give him a reasonable opportunity of tendering an ex- planation regarding them.

Hearing to bo given before order under section 46, 47 or 48 is passed.

(2) If such person makes ^an application for the examination of any witness to be produced by him, the Commissioner of Police shall grant such application and examine such witness, unless for reasons to be recorded in writing, the Commissioner of Police is of opinion that such application is made for the purpose of causing vexation or delay.

(3) Any written explanation put in by such person shall be filed

with the record of the case.

(4) Such person shall be entitled to be represented in the proceeding

before the Commissioner of Police by a counsel.

(5) (a) The Commissioner of Police may for the purpose of securing the attendance of any person against whom any order is propased to be made under section 46, section 47 or section 48 require such person, by order In writing, to appear before him and to furnish a security bond with or without sureties for attendance during the inquiry.

2 of 1874.

(b) The provisions of sections 119 to 124 (both Inclusive) of the Code of Criminal Procedure, 1973, shall, so far as may be, apply in relation to the order under clause (a) to furnish security bond.

(6) Without prejudice to the foregoing provisions, the Commissioner

2 of 1974.

of Police, while issuing notice to any person under sub-section (1) may issue a warrant for his arrest and the provisions of sections 70 to 89 (both inclusive) of the Code of Criminal Procedure, 1973, shall, so far as may be, apply in relation to such warrant.

2 of 1974.

(7) The provisions of section 445, section 446, section 447 or section 448 of the Code of Criminal Procedure, 1973, shall, so far as may be, apply in relation to all bonds executed under this section.

51. (1) Any person aggrieved by an order made under section 46, section 47 or section 48 may appeal to the Administrator within thirty days from the date of the service of such order on him.

Appeal againat orders under section 46, 47 or 48.

(2) An appeal under this section shall be preferred in duplicate In the form of a memorandum, setting forth concisely the grounds of ob- jection to the order appealed against, and shall be accompanied by that order or a certified copy thereof.

(3) On receipt of such appeal, the Administrator may, after givinj a reasonable opportunity to the appellant to be heard either personally or by a counsel and after such further inquiry, if any, as he may deem necessary, confirm, vary or set aside the order appealed against:

Provided that the order appealed against shall remain in force pend- ing the disposal of the appeal, unless the Administrator otherwise directs.

(4) The Administrator shall make every endeavour to dispose of an appeal under this section within a period of three months from the data of receipt of such appeal.

(5) In calculating the period of thirty days provided for an appeal under this section, the time taken for obtaining a certified copy of the order appealed against, shall be excluded.

52- An order p'assed by the Commissioner of Police under section 48, section 47 or section 48 or the Administrator under section 51 shall not be rolled in question in any court except on the grounds—

Finality uf order in certain cain.

(a) that the Commissioner of Police or the Administrator, as > the case may be, had not followed the procedure laid down In sub- section (1), sub-section (2) or sub-section (4) of section 50 or In section 51, as the case may be; or

(b) that there was no material before the Commissioner of Police or the Administrator, as the case may be, upon which he could have based his order; or

(c) in the case of an order made under section 47 or an order in appeal therefrom to the Administrator under section 51, the Commissioner of Police or the Administrator, as the case may be, was not of the opinion that witnesses were unwilling to come for- ward to give evidence in public against the person agalnBt whom "uch order ha3 been made.

53. If a person to whom a direction has been issued under section 46, section 47 or section 48 to remove himself from Delhi or any part there- of—

(a) fails to remove himself as directed; or

(b) having so removed himself enters Delhi or any part there- of within the period specified in the order, otherwise than with the permission in writing of the Commissioner of Police under section 54,

Procedure on failure of person to leave the area and his entry therein alter removal.

the Commissioner of Police may cause him to be arrested and removed in police custody to such place outside Delhi or any part thereof as the Commissioner of Police may in each case specify.

54. (1) The Commissioner of Police or any other police officer specially empowered by the Administrator in that behalf may, by order in writing, permit any person, in respect of whom an order under section 46, section 47 or section 48 has been made, to return to Delhi or any part thereof, from which he was directed to remove himself, for such temporary period and subject to such conditions as may be specified in such order and may require him to execute a bond with or without surety for the due observance of the conditions imposed.

(2) The Commissioner of Police may at any time revoke any such

permission.

Tempo- rary per. mission to enter and conse. quencea of non- obser. vance of conditions of such permis- sion.

(3) Any person who with such permission returns to Delhi or any part thereof shall observe the conditions imposed, and at the expiry of the temporary period for which he was permitted to return, or on the revocation of such permission before the expiry of such temporary period, shall remove himself outside Delhi or any part thereof, as the case may be, and shall not return thereto within the unexpired portion of the period specified in the original order made under section 46, section 47 or section 48 without a fresh permission.

(4) If such person fails to observe any of the conditions imposed, or to remove himself accordingly or having so removed himself enters or returns to Delhi or any part thereof, as the case may be, without fresh permission, the Commissioner of Police may cause him to be arrested and removed in police custody to such place outside Delhi or part thereof as the Commissioner of Police may in each case specify.

Taking 55. Every person against whom an order has been made under section 46, section 47 or section 48 shall, if so required by the Com- missioner of Police, allow his measurements and phonograph to be taken by a police officer in the prescribed manner.

56. (1) If any person as aforesaid when required to allow his measurements or photograph to be taken resists or refuses to allow the taking of such measurements or photograph, it shall be lawful to use all necessary means to secure the taking thereof.

measure- ments and photo- graphs, etc., oS persons against whom an order under section 46, 4? or 48 is made. Reriat- ance tu the taking of mea- surementf, etc. (2) Resistance to or refusal to allow the taking of measurement!!

45 of 1880.

or photographs under this Act shall be deemed to be an offence under section 186 of the Indian Penal Code.

(3) Where an order under section 46, section 47 or section 48 is set aside in appeal, all measurements and photographs (including nega- tives) taken under this section shall be destroyed or made over to the person against whom such order is made,

Banning of use of dress, etc., re- sembling uniform of armed forges.

57. (1) If the Administrator is satisfied that the wearing in public, toy any member of any body, or association or organisation, of any dress or article of apparel resembling any uniform required to be worn by a member of the Armed Forces of the Union or by a member of any police force or of any force constituted by or under any law for the time being in force, is likely to prejudice the security of the State or the maintenance of public order, he may, by a general or special order, prohibit or restrict the wearing, or display, in public of any such dress air article of apparel by any member of such body or association or organisation.

(2) Every general or special order under sub-section (1) shall be published in the manner prescribed for the publication of a public notice under section 142.

Explanation.—For the purposes of this section a dress or an article of apparel shall be deemed to be worn or displayed in public if it is worn or displayed in any place to which the public have access.

Constitu. tion of Defence Societies.

58. (1) For the protection of persons, the security of property and the public safety in any locality the Commissioner of Police majr constitute voluntary bodies (hereafter in this section referred to as Defenca Societies) in the prescribed manner.

(2) The Commissioner of Police or any officer of a Defence Society may at any time call up officers subordinate to him or any member of a Defence Society for training or to discharge any of the duties under this Act assigned to them.

(3) Every officer or member of a Defence Society shall—

(a) on appointment receive a certificate in such form as may be specified or approved by the Administrator in this behalf; and

(b) when called up for duty have the same powers, pri- vileges and protection as are vested in a police officer appointed under this Act.

(4) Notwithstanding anything contained in any law for the time being In force, an officer or member of a Defence Society shall not be disqualified for being chosen as, or for being, a member of—

(a) the Delhi Metropolitan Council or the Municipal Corporation of Delhi; or

(b) any other local authority,

by reason of the fact that he is a member or officer of such Society.

CHAPTER VI

EXECUTIVE DUTIES AND POWERS OF POLICE OFFICERS

59. (1) It shall be the duty of every police officer to ensure compliance with the provisions of ithis Act or any rule, regulation or order made thereunder and for that purpose such police officer may,—

Duty of police officer to enforce provisions of the Act. (a) warn persons who from ignorance fail to comply with any provision of this¹ Act or any rule, regulation or order made there^ under;

(b) require any person acting or about to act contrary to any provision of this Act or rule, regulation or order made thereunder, to desist from so doing;

(c) subject to the provisions of sub-secflons (2) and (3), arrest any person contravening any provision of this Act or any rule, regulation or order made thereunder, where such contravention la an offence punishable under this Act;

(d) seize any object used, or about to be used, in contravening, or in contravention of, the provisions of this Act or any rule, regulation or order made thereunder, where such contravention is an offence punishable under this Act.

(2) A police officer shall not arrest any person under clause (c) of sub-section (7) without a warrant issued by a Metropolitan Magistrate, unless such person—

(a) has contravened any regulation made under clause (b) of sob-section (1) of section 28;

(b) has contravened any order or notification made under soc- tion 29, suib-section (1) or sub-section (2) of section 30, section 32, section 47, section 48 or sub-section (1) of section 57;

(c) commits in the presence cf such police officer am offence punishable under section 97, sub-section (1) of section 108, clause (a), (b) or (c) of section Hfl or sub-section (2) of section, 113 in respect of 'the contravention of any ordef made under flection 33 or section 34;

(d) has committed, or is reasonably suspected to have committed, an offence punishable under section 100 in relation to any dwelling house, private premises or any other land or ground attached thereto:

Provided that the person in possession or having charge of that dwelling house, private premises or land or ground complains of the commission of such offence;

(e) has committed, or is reasonably suspected to have committed an offence punishable under section 101, section 102 or clause (c) of sub-scntion (2) of section 113;

(f) commits in his presence in any street or public place any non-cogniizable offence punishable under this Adt or any rule oT regulation made thereunder if such person—

(i) after being warned by the police officer persists in com- mitting such offence; or

(ii) refuses to accompany the police officer to a police station on being required so to do.

(3) The Commissioner of Police or any other police officer especially empowered in this behalf by the Commissioner of Police may arrest without a warrant issued by a Metropolitan Magistrate any person who has committed an offence punishable under section 92,

60. It shall be the duty of every police officer—

Other duties of a police officer.

(a) promptly to serve every summons and obey and execute every warrant or other order lawfully issued to him by the competent authority and to comply with all lawful commands of his superior;

(b) to the beat of his ability, to obtain intelligence concerning the commission of cognizable offences or designs to commit such offences and to lay such information and to take such other steps consistent with law and with the orders of his superiors as shall be best calculated to bring offenders to justice and to prevent the com- mission of cognizable and, within his view, of non-cognizaEle offences;

(c) to prevent to the best of his ability the commission of public

nuisances;

(d) to apprehend without unreasonable delay all persons whom he is legally authorised to apprehend and for whose apprehension there Is sufficient (reason;

(e) to aid any other police officer when called upon by such other police officer or In the case of need in the discharge of the duty of such other police officer, in such ways as would be lawful and reason- able on the part of the officer aided;

(f) to prevent the breach of the public peace; .

(g) to afford every assistance within his power to disabled or

helpless persons in the streets;

(h) (to take charge of intoxicated persons and of lunatics at large, who appear dangerous or incapabVof taking care of themselves;

(i) to take prompt measures to procure necessary help for any person under arrest or in custody, who is wounded or sick and whilst guarding or conducting any such person to have due regard to filg condition;

(j) to arrange for the proper sustenance and shelter of every person who is under arrest or in custody;

(k) in conducting searches, to refrain from needless rtideness and the causing of unnecessary annoyance;

(I) in dealing with women and children, to act with strict regard to decency and with reasonable pcntleness:

(m) to use his best endeavours to prevent any loss or damage by fire;

(n) to use hin best endeavours to avert any accident or danger to the public;

(o) to regulate and control the traffic in the streets, to prevent obstructions therein and to the best of his ability, to prevent the contravention of any rule, regulation or order made under this

Act or any other law in force for observance by the public in or near the streets;

(p) to ke.-p oidor in ihe streets and at and within public bathing and washing places, f aicrs, temples and all other places of public resort and in the neighbourhood of places of public worship;

(q) to regulate resort to public bathing and washing places and all other places of public resort, to prevent overcrowding there and to the best of his ability, ito prevent the contravention of any regula- tion or order lawfully made for observance by the public at such place; and

(r) to discharge such other duties as are imposed upon him by

any law for the time being in force.

Power to eiiter places of public resort.

61. Subject to the provisions of this Act and ithe rules, regulations) and orders made thereunder, every police officer may, for the purpose of discharging any of the duties referred to in section 59 or section 60 enter without a warrant and inspect any place of public resort which he has reason to believe is used as a place for the storing, sale or consumption of intoxicating drinks or narcotics or a place for resoft of loose and disorderly characters.

Power to search suspected persons in street, etc.

2 of 1974.

62. When in a street or a place of public resort a person is in possession or suspected to be in possession of any article which a police officer in good faith suspects to be stolen property, such police officer may search such person and may require an account in relation to any article found in his possession and should the account given by the possessor be mani- festly false or suspicious, may detain such article after giving to the possessor a receipt in the prescribed form and report the facts to a Metro- politan Magistrate who shall thereupon proceed according to the provi- sions of sections 457. 458 and 459 of the Code of Criminal Procedure, 1973.

63. (1) The Administrator may, by notification in the Official Gazette, declare any specified service to be an essential service to the community.

Emer- gency duties of police.

(2) A declaration made under sub-section (7) shall remain in force for

one month in the first instance, but may be extended from time to time by a like notification.

(3) Upon a declaration being made under sub-section (2) and so long as it remains in force, it shall be the duty of every police officer to obey any order given by any superior officer in relation to any employment in connection with the servioe specified in the declaration.

64. A police officer of a rank superior to that of a constable may perform any duty assigned by law or by a lawful order to any officer subordinate to him, and in the case of any duty imposed on such subordi- nate, a superior may aid, supplement, supersede, or prevent any action of such subordinate by his own action or that of any person lawfully acting under his command or authority, whrri^ver the s^mp shall apDear neces- surv or expedient for giving moi-e con^let^ or convenient effect to the law or for avoiding any infringement thereof.

Supe- rior police officer may hiTn- soJf per- form duties imposed on a subordi- nate officer.

G5. (i) All persons shall be bound to comply wi^h the reasonable directions given by a police officer in the discharge of his duties under this Act.

Persons bound to c omply •with the reasonable directions of police officer.

(2) Where any person resists, refuses or fails to comply with any direction referred to in sub-section (1), a police officer may, without pre- judice to any other action that he may take under any other provision of jthis Act or any other law for the time being in force, remove such person and either produce him before a Metropolitan Magistrate or, in trivial cases, release him when the occasion which necessitated the removal has ceased to exist:

Provided that the person so removed shall in all cases be produced before the Metropolitan Magistrate or released, as the case may be, within a period of twenty-four hours of such removal.

CHAPTER VII

POWERS IN RELATION TO UNCLAIMED PROPERTY

66. (1) It shall be the duty of every police officer to take temporary

charge—

(a) of all unclaimed property found by, or made over to, him; and

Follce to take charge of unclaim. ed pro- perty.

(b) of all property found lying in any public street, if the owner or person in charge of such property, on being directed to remove the same, refuses or fails to do so.

(2) The police officer taking charge of the property under sub-section

(1) shall furnish an inventory thereof to the Commissioner of Police.

67. (1) Where any property has been taken charge of under sub-section (1) of section 66, the Commissioner of Police shall issue a proclamation specifying the articles of which such property consists and requiring that any person who may have a claim thereto shall appear before him or some other officer whom he authorises in this behalf and establish his claim within six months from the date of guch proclamation.

Procedure for dis- posal of property- taken cliarge of inder section 60.

(2) If the property, or any part thereof, is subject to speedy and natural decay or'consists of livestock or if the property appears to be of the value of less than fifty rupees, it may forthwith be sold by auction under the orders of the Commis'sJoner of Police and the net proceeds of such sale shall be dealt with in the same manner as is hereinafter provided for the disposal of the said property.

(3) Where any person who has a claim to the property is required by the proclamation under sub-section (1) to appear before ^he other officer authorised by the Commissioner of Police in that behalf and establish his claim, such officer shall forward the record of the proceedings before him with his findings thereon to the Commissioner of Police,

Delivery of pro- perty to person entitled.

68 (1) The Commissioner of Police on being satisfied of the title of any claimant to the possession or administration of the property specified in the proclamation issued under sub-section (1) of section 67 order the same to be delivered to him, after deduction or payment of (the expenses incurred by the Delhi police in the seizure and detention thereof.

(2) The Commissioner of Police may, at his discretion, before making Kny order under sub-section (I), take such security as he may think proper from the person to whom the said property is to be delivered and nothing hereinbefore contained shall affect the right of any person to recover the whole or any part of the same from, the pterson to whom it may have been delivered pursuant to such order.

69. (1) If no person establishes his claim to such property within the period specified in the proclamation, the property, or such part thereof as has not already been sold under sub-section (2) of section 67, may be sold by auction under the orders of the Commissioner of Police and the pro- ceeds thereof shall be credited to the Government.

In default of claim, property to 1'e ot disposal of Go- vernment.

(2) If any claim is made to any proceeds credited under sub-section (I) to the Government and if such claim is established, whether wholly or to any extent, to the satisfaction of too prescribed authority, the Administrator anal] pay to the claimant the amount determined in that behalf by the prescribed authority.

(3) The form and manner in which claims may be made under sub- section (2) and the procedure for dealing with such claims and all other matters connected therewith shall be such as may be prescribed.

CHAPTER Vill

SPECIAL PROVISIONS RELATING TO EXERCISE OF POWERS UNDER THE CODE OF

CRIMINAL PROCEDURE, 1973

70. (/) The Central Government may, by notification in the Official

Gazette and subject to such conditions and limitations as may be specified

therein, empower—

(a) the Commissioner of Police to exercise and perform In rela-

tion to Delhi the powers and duties of an Executive Magistrate and

of a District Magistrate under such of the provisions of the Code of

Criminal Procedure, 1973, as may be specified in the notification;

2 of 1974.

(b) any officer subordinate to the Commissioner of Police (not

being an officer below the rank of an Assistant Commissioner of

Police) to exercise and perform in relation to such areas in Delhi as

may be specified in the notification the powers and duties of an

Executive Magistrate under such of the provisions of the said Code

as may be specified in the notification.

Power of Central Govern- ment to authorise Commia. sioner of Police and certain Other "•.•fficcrs to exercise powers of District Magis- trates and Executive Magis- trates under the Code of Criminal Proce- dure, 1973.

(2) Every officer subordinate to the Commissioner of Police shall, in

the exercise and performance of any powers and duties which he is

empowered to exercise or perform under sub-section (Z), be subject to

the general control of the Commissioner of Police in the same manner

and to the same extent as an Executive Magistrate appointed under sec-

tion 20 of the said Code would be subject to the general control of the

District Magistrate appointed under that section.

(o') The Commissioner of Police or any officer subordinate to him shall

not be subject In the exercise and performance of any powers and duties

which he is empowered to exercise and perform under sub-section (1), to

the general control of the District Magistrate appointed under section 20

of the said Code.

(4) The provisions of this section shall have effect notwithstanding

anything contained In the said Code.

Notifica- tions under section 70 to toe laid before Parlia- ment.

71. Every notification made by the Central Government under section 70 shall be laid, as soon as it is made, before each House of Parliament while it is in session for a total period of thirty days which may be com- prised In one session or in two or more successive sessions and ifj before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modifi- cation in the notification or both Houses agree that the notification should not be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.

2 of 1974.

72. (7) The notification of the Government of India In the Ministry of Home Affairs No. S.O. 224(E), dated the 30th March, 1974, under s ec tlon 478 of the Code of Criminal Procedure, 1973, shall cease to have effect and accordingly references to a Judicial Magistrate of the first class in section 108, 109 and 110 of the said Code shall cease to be construed In respect of Delhi as references to an Executive Magistrate.

(2) All proceedings, under the said sections, pending before any Executive Magistrate Immediately before the cesser of operation under sub-section (I) of the notification referred to therein shall, upon such cesser of operation, stand transferred to the Metropolitan Magistrate who would have jurisdiction if such proceedings had been Instituted after such cesser of operation.

10 of 1897.

(3) Subject to the provisions of sub-section (2), the provisions of sec- tion 6 of the General Clauses Act, 1897, shall apply to the cesser of operation of the notification referred to in sub-section (I) as If such cesser of operation of the notification were a repeal of an enactment by a Central Act.

Eeferen. cea to Judicial Magis- trate of the first class in sections 1C8,109 and 110 of the Code of Criminal Proce- dure, 1973 not to be construed as refe. rences to an Executive Magis- trate.

CHAPTER IX

SPECIAL POWERS UNDER THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960

73. (1) When in respect of an animal an offence punishable under sub- section (I) of section 11 or section 12 of the Prevention of Cruelty to Animals Act, 1960 has been committed, or when there is a reasonable ground for suspecting that such offence has been committed, a police officer may—

Powers with regard to offences under Act 59 of 1960.

(a) take the animal to the Metropolitan Magistrate, or

(b) if the accused person so requires, take the animal to a vete- rinary officer specified by general or special order by the Adminis- trator in this behalf:

Provided that the police officer may, instead of taking the animal to a veterinary officer, take the animal for detention in a dispensary, or In any suitable place approved by the Administrator by general or special order and the animal shall thereupon be detained there until Its production before a Metropolitan Magistrate, or

(c) take the animal to an inflirmary appointed under section 35 of the said Act for treatment and detention therein, pending direc- tion of a Magistrate under sub-section (2) of that section, or

(d) when the animal is in such physical condition that it cannot be taken to a veterinary officer or a Metropolitan Magistrate, draw

up a report of the condition of the animal in the presence of two or more respectable persons describing such wound, sores, fractures, bruises, or other marks of injury as may be found on the body of the animal:

Provided that the police officer may take the animal for detention in a dispensary or any suitable place approved by the Administrator by general or special order and the animal shall thereupon be detained there until its production before a Metropolitan Magistrate.

(2) Where an animal is detained in a dispensary, infirmary or other place under sub-section (J), the animal shall be produced before a Metropolitan Magistrate with the least possible delay and in any case within a period not exceeding three days from the date on which it was so detained.

B9 of 1900.

74. When the animal is brought before a Metropolitan Magistrate under section 73, the Magistrate may direct the animal to be returned to the person from whose possession it was taken on such person giving security to the satisfaction of the Metropolitan Magistrate binding him- self to produce the animal when required or may direct that the animal shall be sent for treatment and care to an infirmary and be detained there as provided in section 35 of the Prevention of Cruelty to Animals Act, I960 or may make such order as he thinks flt regarding the disposal or custody or production of the animal.

Powers of Metro- politan Magls. trate to return animal to person from whose possession it was tBken.

Veteri- nary officer to examine the animal.

75. The veterinary officer before whom an animal is brought under section 73 shall with all convenient speed examine the same and draw up a report of such examination and a copy of the report of such examina- tion shall be delivered free ofi charge to the accused person if he applies for it.

Animal to be dealt with under Act 59 of 1960.

78. When under section 73, a police officer takes an animal for deten- tion in a dispensary or infirmary or other place before its production before a Metropolitan Magistrate or a Metropolitan Magistrate directs its further detention in an Infirmary, subjections (3) to (7) (both inclu- sive) of section 35 of the Prevention of Cruelty to Animals Act, 1900 shall, as far as may be, apply in relation to the detention of the animal (including the cost of transport, maintenance and treatment of the animal) in the dispensary, infirmary or other place.

Power of police officer to unsaddle animal or t0 unload it.

77. When a police officer in good faith suspects that any animal being employed in any work or labour is, by reason of any sore, unfit to be so employed, he may require the person in charge of such animal to unsaddle or unload it for the purpose of ascertaining whether any sore exists and, if any person refuses to do so, such police officer may himself unsaddle or unload the animal or may cause the same to be unsaddled or unloaded.

78. Any police officer may arrest, without a warrant from a Magis- trate, any person committing in his presence any offence punishable under clauses (a) to (m) (both inclusive) of sub-section (J) of section 11 of the Prevention of Cruelty to Animals Act, I960.

Arrest without warrant in case of certain offence* under Act 69 of 1960.

7fl. The provisions of this Chapter shall be in addition to, and not in derogation of, the provisions of the Prevention of Cruelty to Animals Act, I960.

Provi- sions of Chapter to be in addition to 1 he pro. visions of Act 59 of 1960.

CHAPTEB X

OFFENCES AND PUNISHMENTS

80. No person shall—

Disre- garding the rules of the iond.

(a) when driving a vehicle along a street (except in -cases of actual necessity or of some other sufficient reason for deviation) Jail to keep on the left side of such street and when passing any other vehicle proceeding in the same direction fail to keep on the right Bide Of such vehicle; or

(b) leave in any street or public place insufficiently tended or

secured any animal or vehicle.

81. No person shall cause obstruction, damage, Injury, danger, alarm

or mischief in any street or public place—

(i) by misbehaviouri, negligence or ill-usage In the driving,

management, treatment or care of any animal or vehicle; or

Causing obstruc- tion or miflohiaf by animttL

(ti) by driving any vehicle or animal laden with timber, poles or other unwieldy articles through a street or puhlic iplace contrary to any regulation made in that behalf.

Exposing animal for hire, sale, flte-

82. No person shall in any street or public place expose for hire or sale any animal or vehicle, clean any furniture or vehicle, or clean or groom any horse or other animal except at such times and places m .the competent authority permits, or shall train or break in any horse or other animal or make any vehicle or any part of a vehicle or (except when as a result of any accident repairing on the spot is unavoidable) repair any vehicle or part of a vehicle, oc carry on therein any manu- facture or operation so as to be a serious impediment to traffic or serious annoyance to residents in the vicinity or to the public.

83. No person shall cause obstruction in any street or public place—

Causing any obs- truction In a street-

'(a) by allowing any animal or vehicle, which has to be loaded or unloaded, or take up or set down passengers, to remain or stand in the street or the public place longer than may be necessary for such purpose; or

(b) by leaving any vehicle standing or fastening any cattle in

the street or the oublic place; or

(c) by using any part of a street or public place as a halting

place for vehicles or cattle; or

{d) by leaving any box, bale, package or other things whatso- ever In or upon a street for an unreasonable length of time or con- trary to any regulation; or

(e) by exposing anything for sale or setting out anything for sale in or upon any stall, booth, board, caak? basket or in any other way whatsoever,

Obstruct- ing a

footway.

84. No person shall drive, ride, load, propel or leave on any footway any animal or vehicle other than a perambulator or fasten any animal In such a way that the animal can stand across or upon such footway.

85. No person shall, in contravention of any regulation made by the

Commissioner of Police,—

(a,) exhibit any mimetic, musical or other performances of such

a nature as may attract crowds; or

(b) carry or place bulky advertisements, pictures, figures or

Causing obstruc- tion and anno- yance by perfor_ mancesr etc. amblems in any street or public place,

whereby any obstruction to passengers or annoyance to the residents in the vicinity may be occasioned,

86. No person shall slaughter any animal, clean a carcass or hide, or bathe or wash his person in or near to and within sight of a street or public place, except at a place set apart for the purpose, so as to cause annoyance to the rieighbouring residents or to passers-by.

Doing offensive acts in or near a street or public place. :

87. No person shall in any street or public place—

(a) negligently let loose any horse or other animal, so as to

cause danger, injury, alarm or annoyance; or

(b) sniffer a ferocious dog to be at large without a muzzle; or

(c) set on or urge a dog or other animal to attack, worry or put

Letting loose horse, etc., and suffer, ing fero- cious dogs lo be at large.

in fear any person or horse or other animal.

88. No person shall bathe or wash in, or by the side of, a public well, tank or" reservoir not set apart for such purpose by order of the com- petent authority, or in, or by the side of, any pond, pool, aqueduct, part of a river, stream, nullah or other source or means of water" supply in which such bathing or washing is forbidden by order qf the competent authority.

Bathing or wash- ing in places not stt apart for those purposes.

Defiling water In public wells, etc. 89. No person shall defile or cause to be denied the water in any public well, tank, reservoir, pond, pool, aqueduct or part of a river, stream, nullah or other source or means of water supply, so as to render the same less fit for any purpose for which it is set apart by the order of the competent authority.

Obstruct- ing bathers.

90. No person shall obstruct or incommode a person bathing at a place set aparft for the purpose by the) order of the competent authority under section &8 by wilful intrusion or by using such place for any pur- pose for which it is not so set apart.

Behaving indecently in publia

92. No person shall wilfully push, press, hustle or obstruct any pas- senger in a street or public place or" by violent movements, menacing gestures, wanton personal annoyance, screaming, shouting, wilfully frightening horses or cattle or otherwise, disturb the public peace or order.

Obstruct- ing or annoying passen- gers in the street.

93. No person shall use In any street or public place any threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or whereby a breach of the peace may be occasioned.

Misbeha- viour with intent to provoke a breach of the peace.

94. No person shall fly a kite or any other thing so as to cause danger,

injury or alarm to persons, animals or property.

Prohibi- tion against flying kites, etc.

95. No person shall in or near to any street, public place or place of

public resort—

(a) commit a nuisance by easing himself; or

Commit- ting nuisance In or near street, etc.

(b) having the care or custody of any child under seven yearB

of age, suffer such child to commit a nuisance ag aforesaid; or

(c) spit or throw any dust, ashes, refuse or rubbish so as to

cause annoyance to any passer-by.

Disregard of notice In public building.

96. No person shall, in any court, police station, police office or build- ing occupied by Government or building occupied by any local body, smoke, or spjit in contravention of a notice, by the competent authority in charge of such place, displayed in such court, police station, police office or building.

97. Any person who contravenes any of the provisions of sections 80 to 96 (both Inclusive) shall, on conviction, be punished with fine which may extend to one hundred rupees, or, in default of payment of such fine, with Imprisonment for a term not exceeding eight days.

Penal- ties for offences under sections 80 to 96.

98. (1) Whoever allows¹ any cattle which are his property or in hia charge *o stray in any street or to trespass upon any public or private property shall on conviction be punished—

(a) for the first offence, with imprisonment for a term which may extend to one month, or with fine which may extend to three hundred rupees, or with bojth; and

Penalty for failure t0 keep in confine- ment cattle, etc.

(b) for the second or subsequent offence, with Imprisonment for a term which may extend to six months, or with fine which may ex- tend to flve hundred rupees, or with both.

(2) The Metropolitan Magistrate trying an offence under sub-section

(1) may order—

(a) thait the accused shall pay such compensation not exceeding two hundred and fifty rupees as such Magistrate considers reasonable

to any person for any damage proved to have been caused to his pro- perty or the produce of his land by the cattle under the control of the accused trespassing on his land; and

(b) that the cattle in respect of which the offence has been com-

mitted shall be forfeited to the Government.

(3) Any compensation awarded under sub-section (2) may be recover-

ed as if it were a, fine imposed under this section.

(4) It shall be the duty of every police officer and it shall bq lawful for any other person to seize and take to any cattle pound for confine- ment therein any cattle found straying in any street or trespassing upon any privajte or public property.

(5) Any fine imposed under this section may, without prejudice to any other¹ means of recovery provided by law, be recovered by sale of all or any of the cattle in respect of which the offence was committed, Whejther they are the property of the person convicted of the offence or were only in his charge when the offence was committed.

(6) Notwithstanding anything contained in the Code of Criminal Pro- cedure, 1973, the offence punishable under this section shall be cognizable.

2 of 1974.

Punish- ment f°r cruelty to animals.

99. Whoever in any place cruelly beats, goads, overworks, ill-treats or tortures or causes, or procures to be cruelly beaten, goaded, overworked, jll-treated or tortured, any animal shall, on conviction, be punished with imprisonment which may extend to one month, or with fine which may extend to one hundred rupees, or with both.

Wilful trespass.

100. Whoever without satisfactory excuse wilfully enters or remains in or upon any dwelling-house or premises or land or ground attached thereto, or on any ground, building, monument or structure belonging to Government or used for public purposes, or on any vehicle, shall, on con- vection, whether he causes any actual damage or not, be punished with imprisonment which may extend to seven days or with fine which) may extend to one hundred rupees, or with both.

False alarm of fire or damage to fire alaim.

101. Whoever knowingly gives or causes to bd given a false alarm) of fire to the fire brigade of the Government or the Corporation or a mu- nicipality or to any officer or fireman thereof, whether by means of a street fire alarm, statement, message or otherwise, or with intent to give such false alarm wilfully breaks the glass of, or otherwise damages, a street fire alarm, shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to one hundred rupees, or with both.

102. Whoever is found between sunaet and sunrise—

(a) armed with any dangerous instrument with intent to com-

mit an offence; or

(b) having his face covered, or otherwise disguised with in-

tent to commit an offence; or

Being found under sus- picious circums- tances between sunset and sun- rise.

(c) in any dwelling-house or other building, or on any vehicle, without being able satisfactorily to account for his presence there; or

(d) lying or loitering in any street, yard or other place, being a reputed thief and without being able to give a satisfactory account of himself; or

(e) having in his possession without lawful excuse (the burden of proving which excuse shall be on such person) any implement of house breaking,

shall, on conviction, be punished with imprisonment for a term which may extend to three months.

103. Whoever has in his possession or conveys in any manner, or offers for sale or pawn, anything which there is reason to believe is stolen property or property fraudulently obtained, shall, if he fails to account for such possession or act to the satisfaction of the Metropolitan Magis- trate, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to one hundred rupees, or with both.

Possession of pro- perty of which no satisfac- tory account can be given.

45 of I860.

Omission by pawn- brokers, etc., to report to police possession or tender of pro- perty sus- pected to be stolen.

104. Whoever being a pawn-broker, dealer in second hand property, or worker in metals, or reasonably believed by the Commissioner of Police to be such a person, and having received from a police officer writ- ten or printed information in relation to any property suspected to have been transferred by any offence men/Uoned in section 410 of the Indian Penal Code or by any offence punishable under section 417, section 418, section 419 or section 420 of the said Code, is found in possession, or, after (the receipt of such information, comes into possession otf lias an offer, either by way of sale, pawn, exchange, or for custody, alteration or other- wise howsoever, made to him, of property answering the description con- tadned in such information, shall, unless—

(i) he forthwith gives information to the Commissioner of Police, or aifc a police station of such possession or offers and takes all reasonable means to ascertain and to give information as afore- said of the name and address of the person from whom the posses- sion or offer was received, or

(ii) the property, being an article of common wearing apparel or otherwise, is incapable of identification from the written or print- ed information given and has been in no way concealed after the receipt of such information,

on conviction, be punished with fine which may extend to fifty rupees in respect of each such article of property so In his possession or offered to him.

4B of 186a Melting, etc., of property referred to In section 104.

105. Whoever having received such information as is referred) to in section 104 alters, melts, defaces or puts away or causes or suffers to be altered,, melted, defaced or put away, without the previ1 the meaning of section 410 of the Indian Penal Code or property in respect of which any offence punishable under section 417, section 418, section 419 or section 420 of trie said Code has been committed, be punished with Imprisonment for a term which may exitend to three years or with fine, or with both.

Taking pledge from child.

106. Whoever takes from any child, not appearing to be above the age of fourteen years, any article whatsoever as a pawn, pledge or security for any sum of money lent, advanced or delivered to such child or with- out the knowledge and consent of the owner of the article buys from such child any article whatsoever, shall, on conviction, be punished with fine which may extend to one hundred rupees.

107. Whoever, being the keeper of any place of public amusement or public entertainment, knowingly permits or suffers drunkenness or other disorderly behaviour or any gambling whatsoever, in such place, shall, on conviction, be punished with fine which may extend to one hundred rupees.

108. (1) Whoever by any fraud or unlawful device or malpractice .In

Suffering disorderly conduct at places of public amuse- ment, etc. Cheating at games and gam- bling in street.

40 of I860.

playing at or with cards, dice or other game or in taking part in the stakes or wagers, or in betting on the sides or hands of the players, or in wagering on the event of any game, sports, pastime or exercise, wins from any other person, for himself or any other or others, any sum of money or valuable thing, shall be deemed to have committed the offence of cheating within the meaning of section 415 of the Indian Penal Code, and be liable to punishment accordingly.

(2) Whoever assembles with others, or joins any assembly, in a street assembled for the purpose of gambling or wagering shall, on conviction, be punished with fine which may extend to fifty rupees or may he re- leased after a due admonition.

169. Whoever contravenes, disobeys, opposes, or fails to conform to an order under section. 27 requiring him to vacate any premises, shall, on conviction be punished with imprisonment which may extend to three months or with fine which may extend to five hundred rupees or with both.

Penalty lor di"- obcdieac* to or

110. Save as provided in section 112, whoever contravenes, or abets the contravention of, any regulation made under section 28 or any of the conditions of a licence issued under such regulation shall, on conviction, be punished—

Penalty for cofc- travening regula- tions, etc., un- der sec- tion 28.

(a) if the'regulation was made under clause (b) of sub-section (1) of section 2fl providing for the prohibition of the sale, or ex- posune for sale, of any goods on any street or portion thereof BO as to cause obstruction to traffic or inconvenience to the public—

(i) for the first offence, with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both, and

(U) for any subsequent offence, with imprisonment for a term which may extend to six months and with fine which may extend to five hundred rupees;

(b) if the regulation was made under clause (d), (h) t (i) pr (j),

sub-clause (i) or (W) of clause (s) or clause (v) of sub-section (J) of section 28, with imprisonment for a term which may extend to eight days, or-wife fine which may extend to fifty ruDees. or with both;

(c) if the regulation was made under clause (o) or (p) of sub- section (1) of section 28, with fine which may extend to two hund- red rupees; and

(d) if the regulation was made under any clause of sub-section (1) of section 28 and for the contravention of which no penalty is provided under clause (a), (b) or (c) of this section, with fine which may extend to fifty rupees.

111. The holder of a licence granted under > this Aot in respect of a

place of public amusement or public entertainmenjt shall be responsible, as well as the actual offender for any offence under section 110 committed by his servant or other agent acting with his express or implied permis- sion on his behailf as if he himself had committed the same, unless' he establishes that all due and reasonable precautions were taken by him to prevent the commission of sluch offence,

Liability of licen- see 01 place of public amuse- ment or entertain- ment lor acts of servants.

112. (1) Whoever fails to obtain a licence under this Act in respect of a place of public entertainment or a certificate of registration there- under in respecfj of any eating house, or to renew the licence) or the certificate, as the case may be, within the prescribed period shall, on con- viction, be punished with fine which may extend to fifty rupees.

(2) Any court trying any such offence shall in addition direct that the person keeping the place of public entertainment, or the eating house, in respect of which the offence has been committed shall close such place, or eating house until he obtains a licence or fresh licence, or a certificate of registration or fresh certificate of registration, as the case may be, in respect thereof and thereupon such person shall forthwith comply with such direction.

Penalty for not obtaining licence in res- pect of place of public entertain- ment or certificate of regis- tration In respect of eating house or for hot re- newing

(3) H the person fails to comply with any such direction, he shall, on conviction, be punished with imprisonment for a term which may ex- tend to one month or with fine which may extend to two hundred rupees or with both.

such licence or certi- ficate within prescrib- ed period.

(4) Without prejudice to any action taken under sub-section (3), on the failure of such person to comply with the direction of the court, any police officer authorised by the Commissioner of Police, by an order in writing, may take or cause to be taken such steps and use or cause to be used such force as may, in the opinion of such officer, be reasonably necessary for securing compliance with the court's direction.

113. (1) Whoever contravenes, disobeysf opposes or falls to conform to any order given by a police officer under section 29 shall, on convic- tion, be punished with fine which may extend to two hundred rupees.

(2) Whoever contravenes a notification or an order made under sec- tion 30, section 32, section 33 or section 34 or abets the contravention thereof shall, on conviction, be punished—

Penalties for contra- vention of orders, etc., un- der sec- tions 29, 30, 31, 32, 33 wnt\ 34.

(a) If the said notification or order was made under sub-section (I) of section SO or under section 33 or section 34f with imprlson-

ment for a term which shall not be less than four months but which may extend to one year, and shall also be liable to fine:

Provided that the court may, for adequate and sufficient reasons to be mentioned in the judgment, impose a sentence of imprison- ment for a term of less than four months;

(b) if the said order was made under sub-section (2) of section 30, with imprisonment for a term which may extend to one month, or with fine which may extend to one hundred rupees, or with both; (c) if the said notification was made under sub-section (3) of

section 30, with fine which may extend to one hundred rupees; or*

(d) if the said order was made under section 32, with imprison- ment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

(3) Whoever qpposes or fails to conform to any direction given by a police officer under section 31, shall, on conviction, be punished with fine which may extend to two hundred rupees,

114. Whoever contravenes, or abets the contravention of, any regula- tion, notice or order made under section 35, section 36 or section 37 shall, on conviction, be punished with imprisonment which may extend to three months, or with fine which may extend to two hundred rupees, or with both.

Penalty for con- travention of regula- tions, etc., made under section* 35,36 and 37,

115. Whoever opposes or fails to conform to any direction issued under section 46, section 47 or section 48 or abets the opposition to, or the failure to conform to, any such direction shall, on conviction, be punished with imprisonment which shall not be less than four months but which may extend to one year and shall also be liable to fine:

Penalty for con. travention of direc- tions under sections 48, 47 or 48.

Provided tha't the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than four months.

116. Without prejudice to the power to arrest and remove a person in the circumstances, and in the manner provided in section 53, any person who—

(a) in contravention of a direction issued to him under section

46, section 47 or section 4& enters or returns without permission to Delhi, or any part thereof, as the case may be, from which he was directed to remove himself; or

Penalty for enter- ing with, out per- mission area from which a person is directed to remove himself or over- staying, when per- mitted to return tempo- rarily.

(b) enters or returns to Delhi or any part thereof with per- mission granted under sub-section (I) of section 54, but fails, con- trary to the provisions thereof, to remove himself outside such area at the expiry of the temporary period for which he was permitted to enter or return or on the earlier revocation of such permission, or having removed himself at the expiry of such temporary period or on revocation of the permission, enters or returns thereafter, without fresh permission,

shall, on conviction, be punished with imprisonment for a term which shall not be less than six months but which may extend to two years and shall also be liable to fine:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months.

117. Whoever contravenes any order made under section 57 shall, on conviction, be punished with imprisonment for a term which may ex- tend to three years, or with fine, or with both.

Penalty lor c6ru travention of orders under section 67.

118. Whoever opposes or fails forthwith to comply with any reasona

Penalty for opposing or not

complying with direction

ble requisition made by a police officer under clause (b) of sub-section (1) of section 59, or abets the opposition thereto or failure to comply therewith, shall, on conviction, be punished with imprisonment for a term which shall not be less than four months but which may extend to one year and shall also be liable to fine:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than four months.

given under clause (b) of sub- section (1) of section 59.

119. Whoever opposes or fails to conform to any direction given by any police officer under section 65 or abets the opposition or failure to conform to such direction shall, on conviction, be punished with fine which may extend to fifty rupees.

Penalty for con- travening directions under section 65.

Dangerous perform- ances.

120. (I) No person shall without the previous permission of the Com- missioner of Police and except in accordance with any conditions subject to which such permission is granted, hold or give in any place which is likely to cause an assembly of persons, any performance in which or during which he buries himself under ground or seals himself in any room or receptacle or other thing, in such manner as to prevent all access of air to him and for such time as would ordinarily result in death by suffocation.

(2) l£ any person contravenes or attempts to contravene the provisions of sub-section (1), he shall, on conviction, be punished with imprison- ment for a term which may extend to one year or with fine, or with both.

2 of 197*.

(3) Notwithstanding anything contained in the Code of Criminal Pro- cedure, 1973, the offence punishable under this section shall be cognisa- ble.

Neglect or refusal to serve as special police officer.

121. Any person, who having been apointed to be a special police officer under section 17 shall without sufficient cause neglect or refuse to serve as such or to obey any lawful order or direction that may be given to him for the performance of his duties as such special police officer, shall, on conviction, be punished with fine which may extend to fifty rupees.

122. (a) Any person who makes a false statement or uses a false document for the purpose of obtaining employment or release from em- ployment as a police officer, or

(b) any police officer who—

(i) is guilty of cowardice, or

(u) being a police officer of subordinate rank, resigns his office or withdraws himself from duties thereof in contravention of section 25. or

Penalty for making false state- ment, etc., and for mis- conduct of police officers.

(m) is guilty of any wilful breach or neglect of any provision of law or of any rule or regulation or any order which he is bound to observe or obey, or

(iv) is guilty of any violation of duty for which no punishment

is expressly provided by any other law in force,

shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine which may extend to one hund- red rupees, or with both.

Explanation.-—A police officer who being absent on leave fails without reasonable cause to report himself for duty on the expiration of such leave shall, for the purpose of sub-clause (n) of clause (b), be deemed to withdraw himself from the duties of his office within the meaning of section 25.

123. Any police officer, who wilfully neglects or refuses to deliver up his certificate of appointment or of office or any other article, in accor- dance with the provisions of sub-section (I) of section 26 shall, on con- viction, be punished with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

Penalty for failure to deliver up certi- ficate of appoint, ment or other article.

124. Any police officer who—

(a) without lawful authority or reasonable cause enters or searches, or causes to be entered or searched, any building, vessel, tent or place; or

Vexatioiifl entry, search, arrest, etc, by polica officer.

(b) vexatiously and unnecessarily seizes the property ef< any

person; or

(c) vexatiously and unnecessarily detains, searches or arrests

any person; or

(d) offers any unnecessary personal violence to any person in

his custody; or

(e) holds out any threat or promise not warranted by law,

shall, for every such offence, on conviction, be punished with imprison- ment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

125. Any police officer who vexatiously and unnecessarily delays the forwarding of any person arrested to a Magistrate or to any other authority to whom he is legally bound to forward such person, shall, on conviction, be punished with imprisonment for a term which may ex- tend to six months, or with fine which may extend to five hundred rupees, or with both,

Penalty for vexa- tious delay in for- warding a person arrested.