REGISTERED No. D-(D) -72

The Gazette of India

EXTRAORDINARY

PART II—Section 1

PUBLISHED BY AUTHORITY

No. 35]

NEW DELHI, SUNDAY, AUGUST 27, 1978/BHADRA 5, 1900

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

as a separate compilation

MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS

(Legislative Department)

New Delhi, the 27th August, 1978/Bhadra 5, 1900 (Saka)

The following Act of Parliament received the assent of the President

on the 27th August, 1978, and is hereby published for general informa-

tion : —

THE DELHI POLICE ACT, 1978

No. 34 OF 1978

[27th August, 1978.]

An Act to amend and consolidate the law relating to the regulation

of the police in the Union territory of Delhi.

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

of India as follows: —

CHAPTER I

PRELIMINARY

1. (i) 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,

1978.

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

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

under article 239 of the Constitution;

Short title,

extent

and com-

mence-

ment.

Deini-.

tions.

(425)

426

THE GAZETTE OF INDIA EXTRAORDINARY

[PAHT II—

(b) "cattle" includes elephants, camels, horses, asses, mules,

«heep, goats and swine;

exercise of any power or discharge of any duty under the provisions

of this Act, means the Commissioner of Police appointed under

section 6 or any other police officer specially empowered in that be-

half by the Central Government;

(d) "constable" mieans a police officer of the lowest grade;

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

constituted under the Delhi Municipal Corporation Act, 1957;

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

(g) "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

subjection (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;

(7i) "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—

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

(ii) a 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;

(7) "place" includes—

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

permanent or temporary; and

(ii) any ama, whether enclosed or open;

(7c) "place of public amusement" means any place where music,

singing, 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 thiose 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,

Doarding and lodging house or residential hostel and includes any

eating house or other Dlace in which any kind of liquor or Intoxi-

cating drug is supplifd (such as a tavern or a shop where beer,

68 0* 1957,

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

427

spirit,

arrack, toddy, ganja, bhang or opium is supplied) to

the

public for consumption in lor 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-

way, viaduct or arch or any road, lane, footway,

square,

court,

alley or passage accessible to the public, whethjer

or not it is a

thoroughfare;

(3) "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, SUPERINTENDJENCE 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,

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.

5. Subject to the provisions of this Adt,—

(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

(h) the recruitment to, and the pay, allowances and all other con-

ditions 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 be recruitment

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.

One police

forco for

the whole

of Delhi.

Superin-

tendence

of police

force to

vest in

the Admi-

niatrator.

Constitu-

tion of

police

force.

428

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Commis.

•loner of

Police.

Additional

Commis-

sioner of

Police.

Deputy,

Additional

Deputy

and

Assistant

Commis-

sioners of

Police.

6. For the direction and supervision of the police "force in Delhi, tho

Administrator shall appoint a Commissioner of Police who shall exercise

and perform such powers and duties and perform such functions as are

specified by or under this Act.

1. (I) The Administrator may appoint one or more Additional

Com-

missioners of Police for the purposes of this Act.

(2) The Additional Commissioner of Police shall—

(o) 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. (J) The Administrator may appoint one or more Deputy Commission-

ers of Police or Additional Deputy Commissioners of Police or Assistant

Commissioners of Police for the purposes of this Act.

(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 Commisioncr 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. (/) (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,

(b) The Commission of Police may be 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 etablish a Police Training College for

Delhi and appoint a police officer of appropriate rank to be the Principal

of such College.

(b) The Commissioner of Police may be 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

sub-divisions and police stations.

Appoint-

ment of

Principals

of Police

training

institu-

tions.

Consti-

tution of

police

districts,

sub-divi-

sions and

police

stations.

'•LC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

429

11. (1) Er.uh police district shall be under the charge of a

Deputy

Commissioner of Police who may be assisted in the¹ 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 ea 'h police¹ station shall be under the

charge of an Inspector of Police.

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

trator may make in this behalf,—

(a) Inspector of Police may be appointed by the Additional Com-

missioner of Police; and

(b) Sub-Inspectors of Police and other Officers of subordinate rank

may be appointed hy the Deputy Commissioners of Police, Additional

Deputy Commissioners of Police, Principal of the Police Training Col-

lege or of the Police Training School, or ary ot!i;i

police officer of

equivalent rank

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

on enrolment receive a certificate of appointment.

(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 privileges vested in a police

officer

shall remain suspended while such police officer is under suspension from

office:

Provided that notwithstanding such suspension such person shall not

cease to be a police officer and shall continue to be subject to the control

of the same authorities to which he would have been subject if he had

not been under suspension.

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 masters 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 orders con-

sequent thereto.

17. (/) The Commissioner of Police may, at any time, by a written

order, signed by himself and sealed with his own eal, appoint any able

bodied male person not less than eighteen years of age, whom he considers

Officerg in

charge of

police

_ districts,

police

sub-

divisions

and police

stations.

Appoint-

ment of

subordi-

nate ranks.

Certificate

of ap.

point-

ment.

Effect of

suspension

of police

officer.

General

powers of

Commis-

sioner of

Police.

Power of

Commis-

sioner of

Police to

investigate

and regu-

late mat-

ters of

police ac-

counts.

Special

police

officers.

430

THE GAZETTE OF INDIA EXTBAORDINARY

[PART II—

fit, to be a special police oilier to assist the Delhi police on any occasion,

when he hat reason {o apprehend the occurrence of any riot oi grave dis-

turbance of the pear

in any area and he is of opinion that iho ordinary

police, foicc is not .suliicii-nt 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 prescribed.

(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, aftei 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 a certificate of appointment in such form as may be

specified by the Administrator in this behalf;

(b) have the same powers, privileges and immunities and perform

the same duties and be subject to the same authorities as an ordinary

police officer.

18. Where additional police officers are required to be deputed under

section 38, section 39 or sedion 40 the Commissioner of Police may appoint

such number of additional police officers as he considers necessary and

every such addtional police officer shall, on appointment,—

(a) receive a certificate of appointment in such form as may be

specified by the administrator in this behalf;

(h) have such of the powers, privileges and immunities and per-

form such of the duties of a police officer as are specifically mentioned

in the certificate; and

of the same or similar rank or grade.

CHAPTER III

REGULATION, CONTROL AND DISCIPLINE OF THE L>ELHI 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;

(b) determining the description and quantity of arms, accoutre-

ments, clothing and other necessaries to be furnished to the police;

force;

(d) for institution, management and regulation of any police

fund for any purpose connected with police administraiion;

Additional

police

officers.

Framing

of regula-

tions for

adminis-

tration of

the police.

SEC. 1J

THE GAZETTE OF INDIA EXTRAORDINARY

43!

(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;

(g) regulating the collection and communication by the police

of intelligence and information;

(h) generally, for the purpose of rendering the police efficient

and preventing abuse or neglect of their duties.

20, The Commissioner of Police may call for such returns, reports 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.

21. (1) Subject to the provisions of article 311 of the Constitution

and the rules, 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 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;

(d) forfeiture of approved service;

(e) reduction in pay;

(/) withholding lof increment; and

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

(2) Subject to the rules—

(a) any police officer specified in sub-section (1) may award the

punishment of censure to any police officer of subordinate rank;

(5) the Assistant Commissioner of Police may award the punish-

ment lof censure to police officers of, or below, the rank of Sub-

Inspectors of Police;

may

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

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

Commis-

sioner of

Foiice may

call for

returns.

Powers of

punish-

ment.

432

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Procedura

for

awarding

punish-

ments.

Appeal

from

orders of

punish-

ment,

Police offi-

cers to be

d coined to

be always

on duty

and

to be

liable

to employ-

ment in

any part at

Delhi.

Circums-

tances

under

which

police

officer of

subordi-

nate

rank may

resign.

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.

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 of 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-—

(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;

Police, Additional Deputy Commissioner of Polica, 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 ni 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. (0 Resignation of any police officer

of subordinate rank

may

be accepted only bv tV* 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.

(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 1o resign by such authority

and

two mnnths 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

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

433

Police Training School may not be permitted to resign within

three

years from the date of their successfully completing the training.

(5) No police officer of subordinate rank whose resignation has been

accepted by the appointing authority shall be permitted to withdraw

from duty until he has fully discharged all debts, due from him as such

police officer to Government 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

is responsible.

(fi) Notwithstanding mything 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, ior 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 wh'ch

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.

26. (1) Every person who for any reason ceases to be n poTlec officer

shall forthwith deliver to thp 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

of 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, thp 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 may

Issue a warrant to search for and seize wherever they be found,

anv

certificate, arms, accoutrements, clothing or other accessories not deli-

vered under sub-section (T).

Certifi-

cate,

arms, etc,

to be <f•Ha-

vered by

person

ceasing

to be a

police

gfficer.

434

THE GAZETTE OF INDIA EXTRAORDINARY

[PART IT—

(b) Every warrant so issued shall be executed by a police officer or,

if the Metropolitan Magistrate or the police officer issuing the warrant so

directs, by any other person in the same manner as 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 any article which

under the orders of the Commissioner of Police has become the property

of the person to whom the same was provided.

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

missioner of Police for his residence shall—

(a) occupy the same subject to such terms and conditions

may, by general or special order, be specified by the Commissioner

of Police; and

(b) notwithstanding anything contained in any law for the time

being in force, vacate the same on his ceasing to be a police officer

or whenever the Commissioner of Police or any officer 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 fails 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 any police officer with such assist-

ance as may be necessary to enter upon the premises and remove there-

from any person found therein and to take possession of the premises

and deliver the same to any person specified in the direction.

CHAPTER IV

POLICE HEGULATIONS

28. (1) The Commissioner of Police may, by notification in the Official

Gazette, make regulations to provide for all or any of the following mat-

ters, namely: —

(a) licensing and controlling persons offering themselves

for

employment, outside railway stations and other places where pas-

sengers arrive, for the carriage of passengers' baggages and

fixing

and providing for the enforcement of a scale of charges for

the

labour of such persons so employed;

(b) regulating traffic of all kinds in streets and other

public

places, and the use of streets and other public places by persons rid-

ing, driving, cycling, walking or leading or accompanying cattle, so

as to prevent danger, obstruction or inconvenience to the public;

(t) regulating the conditions under which vehicles may remain

standing m streets and other public places, and the use of streets as

halting places for vehicles or cattle;

(d) specifying the number and position of lights to be used on

vehicles in streets and the hours between which such lights should

be used;

(e) licensing, controlling or prohibiting the erection, exhibition,

fixation or retention of any sign, device or representation for the

2 of 1974.

Occupa-

Uon of, and

liability

to vacate7

premises

provided

for police

officers.

Power to

make

regula-

tions for

regulat-

ing

traffic

and for

preserva-

tion of

order in

public

places, etc.

SEC. 1]

THE GAZETTE Of INDIA EXTRAORDINARY

435

purpose of advertisement, which is 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

such sign, device or representation at that height being a distraction,

or causing obstruction, to such traffic;

(f) specifying certain hours of the day duiing which cattle shall

not be driven, or, as the case may be, driven only in accordance with

such regulations, along the 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 hours and subject to such conditions as may be specified in

that behalf, the exposure or movement in any street

persons

or animals suffering from contagious or- infectious diseases,

the

carcasses of animals or parts of such carcasses or corpses of per-

sons deceased;

(7c) specifying certain hours of the day during which ordure or

offensive matter or objects shall not be taken from or into houses or

buildings in certain streets or conveyed through such streets except

in accordance with such regulations;

(I) setting apart places for 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 or 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 or¹ 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;

(0) 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 of drums, tom-toms or other instruments and the blowing or

Bounding of horns or other noisy instruments in or near streets ox

other public places;

436

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

(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 times 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

BO 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

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, danger or damage to the lesidents or

passengers in the vicinity, prohibiting—

(i) the illumination of streets and public placesi 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 places,

(in) the 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 cases of dan-

ger from ruinous buildings or other cause, with such exceptions as

shall appear reasonable;

(u) 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 of fire to or burning of any straw oi

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 of a street

or building or the putting up of any post or other thing on the side

of or across a street for the purpose of affixing thereto lamps or other

contrivances for illumination, except in accordance with regulations

in this behalf;

(w) regulating ihe hours during which

and

the manner in

which any place for the disposal of the dead, any

dliarmashala,

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

reaort thereto;

(x) (;) 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

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

437

(iii) 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 drdef(

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;

(iii) prior sciutiny 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 1 in, 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

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 for issuing duplicates thereof and in respect of such appeals and

any such performances and of the scripts in respect thereof granted

suitability certificate by any State shall be exempted from this sec-

tion;

(iu) 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

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 permission:

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

438

TliE GA£ETT/S OS¹ INDIA EXTRAORDINARY

[I»Aitt il—

Power to

give

directions

to the

public.

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 (b) of siib-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.

(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, 1897 such regulations shall be deemed to be

rules; and every regulation made, under this section, shall also be pub-

dished in the locality affected thereby by affixing copies

thereof in

conspicuous places near to the building, structure, work or place, as the

case may be, to which the same specially relates or by proclaiming the

same by the beating of drum or by advertising the same in such local

newspapers in 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 autliority in rela-

tion to public health, convenience

or safety of the locality such

regulation shall be subject to such law, rule or bye-law.

2J>. 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 as¹ may be necessary to—

(a) direct the conduct of, and behaviour or action of persona

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;

(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

(in) 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;

10 of 1807.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

439

(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 near, any

street or public place;

(f) regulate and aontrol the use of loudspeakers in residential

areas, streets, near any public places and places of public amuse-

ment or public entertainment; or

(fil) 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,—

(a) the carrying of arms, cudgels, swords, spears, bludgeons,

guns, knives, sticks or lathis, or any other article, which is capable

of being used for causing physical violence;

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

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 promMl-

gatcd prohibit any assembly or procession whenever and for such time

as he considers such prohibition to be necessary for the preservation of

the public order.

(4) No notification promulgated under sub-section (3) shall rema'n 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 ag he may specify in the said

order.

Power to

prohibit

certain

act3 for

preven-

tion of

disorder.

440

THE GAZETTE OF INDIA EXTRAORDINARY

[PAST II—

Police 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

qfflcer 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 tht

public to, and for securing the peaceful and lawful

conduct of the

proceedings and the maintenance of the public safety at, such place

of amusement or such assembly or meeting as he thinks necessary and

all persons shall be bound to conform to every such reasonable

direction.

(2) 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.

32. (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 ior 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 ion, 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

subjection (2), 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 either

wholly or in part, record the reasons for such rejection.

Power to

prohibit,

etc., con-

tinuance

of music,

sound or

noise.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

441

33. (1) 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 to 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 notify 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 o£ the action taken under sub-section (1), he

shall be entitled, on an application made therefor to the competent

authority within 0112 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 wtuch 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.

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, ithe 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 subjection

(1) shall be subject

to any

judgment, decree, injunction or order made by a court having jurisdiction,

and 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.

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 iof 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

fuch disease or the spread thereof.

Issue of

order for

preven-

tion of

riot, etc.

Mainten-

ance of

order at

religiouf

ceremo-

nial

display^

etc.

Commis-

sioner of

Police

may take

special

measures

to prevent"

outbreak

of epide-

mic

disease at

fairs, etc.

442

THE GAZETTE OF INDIA EXTRAOHDINARY

[PAHT II—

Power to

reserve

Btreet or

•thei

public

place for

public

purpose

and

power to

authorise

erecting

of bar.

riera in

streets.

Power to

make

regula-

tions pro-

hibiting

disposal

of the

dead

except at

places

set apart.

(2) The expenses incurred by the Commissioner of Police in respect

of 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. (1) 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 Buch

action is necessary,—

(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. (1) 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

purpose:

- * -\ •'

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

area for which places have not been so 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 ai; 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 noit objec-

tionable for any other reason.

(2) Any regulations made under sub-section (1) shall specify the

places set apart for the disposal of the dead of different communities or

sections of communities.

(3) All such 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 MEASURES FOR MAINTENANCE or PUBUC ORDER AND SECURITY OP

STATE

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 of any

other law in respect of any particular class or classes of offences or to

perform any other duties imposed on the police at any place in Delhi.

10 of 1897.

Employ-

ment of

additional

police to

keep

peace.

SEC. 1J

THE GAZETTE OF INDIA EXTRAORDINARY

443

(2) Such additional police shall be employed at the coat

(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 be 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 cost, 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.

3ft. (i) 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.

(2) On the issue of a notification

under

sub-section

(2), 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 order

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

any portion of the cost of such additional police.

Explanation.—In 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

reside therein.

Employ-

ment of

additional

police in

cases of

special

danger

to public

peace.

444

THE GAZETTE OF INDIA EXTRAORDINARY

[PAR? II-

Employ,

ment of

additional

police at

large

work

and

when

apprehen-

sion

regarding

behaviour

of em.

ployees

exists.

Compen-

sation for

injury

caused by

unlawful

assembly

how reco-

verable

40. (J) Whenever it appears to the Administrator or 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 employment

or additional police at such place,

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 author.ty 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 ; aid 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 timi require.

41. (1) 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 the 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 whicn, 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 (1), 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 6r 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.

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

or the person or persons or thi- 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 Metropolitan

Magistrate, whose decision thereof shall be final.

Dispute

in regard

to cost of

deputing

additional

compensa-

tion under

section 41.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

445

2 of 1974.

43. Any amount payable under section 38, section 39, section 40 or

•ection. 41 shall be recovered in the same manner as If it were an arrear

of land revenue.

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

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

(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 (i) 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,

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.

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-

der by a court.

46. Whenever it appears to the Commissioner of Police that

the

movement or encampftient 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 p'ersons 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

Recovery

amount

payable

under

section

38, 39, 40

or 41

Collector

to award

compen-

sation.

Eecovery

amounts

payable

under

sections

39 and 41.

Dispersal

of gangs

and

bodies of

persons.

446

THE GAZETTE OF INDIA EXTRAORDINARY

[PABT II—

Removal

of per-

sona

about to

commit

offences.

Removal

of per.

sons con-

victed of

certain

offences.

of Police shall specify and not to enter Delhi or the part thereof,

as the case may be, trom 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 axe causing or

are calculated to cause alarm, danger or harm to person or property;

(b) that there are reasonable giounds 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 under

Chapter XII, Chapter XVI, Chapter XVII or Chapter XXII 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;

(i) is so desperate and dangerous as to render his being at

large in Delhi or in any part thereof hazardous to the community;

(ii) has been found habitually intimidating other persons

by acts of violence or by show of force; or

(in) habitually commits affray or breach of peace or riot, or

habitually makes forcible collection of subscription or threaten!

people for illegal pecuniary gain for himself or for others; or

(iu) has been habitually passing indecent remarks on wo-

men 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 the 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

fit, 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 Commis-

sioner of Police may specify and not to enter or return to Delhi or part

thereof, as the case may be, from which he was directed to remove

himself.

Eocplanation.—A person who during a period within one year im-

mediately preceding the commencement of an action under this section

has 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

XVII of the Indian Penal Code; or

(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

46 of I860,

"* of I860.

Delhi Act

9 of 1938.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

447

104 of 1956.

54 of 1959.

52 of 1982.

Punjab

Act No. 18

of 1055.

1 of 1878.

2 of 1930,

23 of 1940.

Bombay

Act No.

L0 of I960.

Women and Girls Act, 1956; or

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

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

(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

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

(i) the Opium Act, 1878; or

(ii) the Dangerous Drugs Act, 1930; or

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

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

1959, as in force in Delhi; or

(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.

49. 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,

50. (I) Before an order 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.

(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 proposed 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.

Period of

operation

of orders

under

section 48,

47 or 48.

Hearing

t 0 be

given

before

order

under

section

46, 47 or

48 is

passed.

448

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Appeal

against

orders

under

section

46, 47 or 48.

Finality

[J order

in certain

caae*.

(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

of Police, while issuing notice to any p'erson under sub-section (1) may

issue a warrant for his arrest and the provisions of sections 70 to 8&

(both inclusive) of the Code of Criminal Procedure, 1973, shall, so far as

may be, apply in relation to such warrant.

(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.

(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 giving

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 date

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 passed by the Commissioner of Police under section 46,

section 47 or section 48 or the Administrator under section 51 shall not

be tilled in question in any court except on the ground—

(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

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 against whom

•uch order has been made.

2 of 1974.

SEC. l]

THE GAZETTE OF INDIA EXTRAORDINARY

449

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,

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

Ccmmissioner of Police may in each case specify.

54. (1) The Commissioner of Police

any

other

police

officer

specially empowered by the

Administrator in

that behalf may,

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

Delhi

or any part thereof, from which he was directed to remove himself, for

such temporary period and

subject to

such conditions

as may

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.

(3) Any person who with such permission returns to Delhi or any

pavt thereof shall observe the conditions imposed, and at the expiry

of the tenrporary period for which he was permitted to return, or

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

arrested and removed in police custody to such place outside Delhi or

part thereof as the Commissioner of Police may in each case specify.

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 phoftograph to be taken

by a police officer in the prescribed manner.

56. (1) It any person as aforesaid when required

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.

(2) Resistance to or refusal to allow the taking of measurements'

Procedure

on failure

of person

to leave

the area

and his

entry

therein

alter

removal.

Tempo-

rary per.

mission to

enter and

conse.

quences

of non-

obser.

vance of

conditions

of such

permis-

sion.

Taking

measure-

ments and

photo-

graphs,

etc., ofl

persons

against,

whom an

order

under

section 46,

47 or 48

is made.

Resist-

ance to

the taking

of: mea-

surement*,

etc.

450

THE GAZETTE OF INDIA EXTRAORDINARY

[^ART it-

Banning

of use

of dress,

etc., re-

sembling

uniform

of armed

forces.

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,

57. (2) If the Administrator is satisfied that the wearing in public,

by 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

©r article of apparel by any member of such body or association

organisation.

(2) Every general or special order under sub-section (2) 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.

58. (1) For the protection of persons, the security of property and

the public safety in any locality

the

Commissioner

of Police

may

constitute voluntary bodies (hereafter in this section referred

to a*

Defence 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.

45 of I860.

Constitu-

tion of

Defence

Societies.

SEC, 1J

THE GAZETTE OF INDIA EXTRAORDINARY

4*1

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 this Act or any rule, regulation or order made

thereunder and for that purpose such police officer may,—

(a) warn persons who from ignorance fail to comply with any

provision of this 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;

any person contravening

any provision of this Act or any rule,

regulation or order made thereunder, where such contravention is

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 (1) without a warrant issued by a Metropolitan

Magistrate,

unless such person—

(a) has contravened any regulation made under clause (b) of

sub-section (1) of section 28;

(b) has contravened any order or notification made under sec-

tion 29, sub-section (I) or sub-section (2) of section 30, section 32,

section 47, section 48 or sub-section (1) of section 57;

punishable under section 97, sub-section (1) of section 108, clause

(a), (b) or (c) of sectHon 110 or sub-section (2) of section 113 in

respect of 'the contravention of any order made under section 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-section (2) of section 113;

(f) commits in his presence in any

street or public place any

non-cogirnizable offence

punishable

under this Adt or any rule or

regulation made thereunder if such person—

(i) after being warned by the police officer persists in com-

mitting such offence; or

(n) refuses to accompany the police officer to a police station

on being required so to do.

Duty of

police

officer to

enforce

provisions

of the

Act.

452

THE GAZETTE OF INDIA EXTRAORDINARY

[PAHT II—

Other

duties of

a police

officer.

(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—

(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;

nuisances;

(d) to apprehend without unreasonable delay all persons whom

he is legally authorised to apprehend and for whose apprefiengion

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 incapable of 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 His

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 rudeness

and the causing of unnecessary annoyance;

(I) in dealing with women and children, to act with strict regard

to decency and with reasonable gentleness:

(TO) to use his best endeavours to prevent any loss or damage bv

fire;

(n) to use his 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

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

453

Act or any other law in force lor observance by the public in or near

the streets;

(p) to keep orc'ir in the streets and at and within public bathing

and washing places, fairs, 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, to 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.

61. Subject to the provisions of this Act and ithe rules, regulations)

and orders made thereunder, every police officer may, for the purpose of

'i 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 resort of loose and disorderly

characters.

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 Hie

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, 197;"!.

63. (1) The Administrator may, by notification in the Official Gazette,

declare any specified service to be an essential service to the communiLy.

(2) A declaration made under sub-section (?) 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 (1) 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 service 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 autho-ity, whenever the same shall appear neces-

sary or expedient for giving more c-oropietp or convenient effect to the

law or for avoiding any infringement thereof.

Power to

editor

places of

public

resort.

? Qt i 974.

Power to

suspected

r'orrnns

ill StlTCt,

EtC.

Emer-

gency

duties of

police,

Supe-

rior police

officer

may him-

self per-

form

duties

imposed

on a

subordi-

nate

officer,

454

THE GAZETTE OF INDIA EXTEAORDINARY

[PART II—

Persons

bound to

comply

with the

reasonable

directions

of police

orficer.

65. (1) All persons shall be bound

to comply with the reasonable

directions given by a police officer in the discharge of his duties under this

Act.

(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

.this 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 removaJ

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

(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 such proclamation,

(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 rnay forthwith be sold by auction under the

orders of the Commissioner 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 the 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.

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.

Police to

take

charge of

unclaim.

ed pro-

perty.

Procedure

for dis.

posal of

property

taken

charge of

under

flection 66.

Delivery

ol pro-

perty to

person

entitled.

SEfc. 1]

TtlE GAZETTE OF INDIA EXTRAORDINARY

455

2 of 1974.

(2) The Commissioner of Police may, at his discretion, before making

ttny 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 person 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 speciflied 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.

(2) If any claim is made to any proceeds credited under sub-section

(1) to the Government

and if

such claim is established,

whether

wholly or to any extent, to the satisfaction of the prescribed authority, the

Administrator shall 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 PBOVISIONS RELATING TO EXERCISE OP POWERS UNDER THE CODE OF

CRIMINAL PROCEDURE,

1973

70. (7) 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;

(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,

(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 (2), 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,

(3) 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 (2), 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.

In default

of claim,

property

to be at

disposal

of Go-

vernment.

Power of

Central

Govern-

ment to

authorise

Commig^

sioner of

Police and

certain

Other

officers to

exercise

powers of

District

Magis-

trates and

Executive

Magis-

trates

under tha

Code of

Criminal

Proce-

dure,

1973.

45<5

THE GAZETTE OF INDIA EXTRAORDINARY

[PART H—

Notifica-

tions

under

pection 70

lo be laid

before

Parlia-

ment.

TvCferen.

eea 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.

Powers

with

regard to

offences

under

Act 59

of 1980.

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

if,

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.

72. (i) The notification of the Government of India in the Ministry of

Home Affairs No. S.O. 224(E), dated the 30th March, 1974, under sec-

tion 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

sections 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 (?) of the notification referred

to therein shall, upon such

cessor of operation, stand transferred to the Metropolitan Magistrate who

would have jurisdiction if such pioceedings had been instituted after such

cesser of operation.

(3) Subject to the provisions of sub-section (3), the provisions of sec-

tion 6 of the General Clauses Act, 1897, shall apply to the cesser of

operation of the notification refened to in hub-section (/) as if such cesser

of operation of the notification were a repeal of an enactment

by a

Central Act.

CHAPTER IX

SPECIAL POWEHS UNDER THE PREVENTION OF CRUELTY TO ANIMALS ACT, I960

73. (2) When In respect of an animal an offence punishable under sub-

section (1) of section 11 or section 12 of the Prevention of Cruelty

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—

(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

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

2 of 1974.

10 or 1897.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

457

up a report of th^ondition 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 (7), 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.

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, 1960 or may make such order as he thinks fit regarding the disposal or

custody or production of 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 of charge to the accused person if he applies

for it.

76. 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, sub-sections (3) to (7) (both inclu-

sive) of section 35 of the Prevention of Cruelty to Animals Act, 1960

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 dspensary, infirmary or other place.

77. When a police officer in good faith suspects that any animal being

employed in any woik or labour is, by reason of any sore, unfit to be

so employed, he may require the person in charge of such animal

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 (1) of section

11 of the Prevention of Cruelty to Animals Act, I960.

59 of 1960.

Powers of

Metro-

politan

Magis-

trate to

return

animal to

person

from

whose

possession

It was

token.

Veteri-

nary

officer to

examine

the

anfcnal.

Animal to

be dealt

with

under Act

59 of 1960.

Power of

police

officer to

unsaddle

animal

or t0

unload it-

Arrest

without

warra'nt

In case ot

certain

offences

under

Act 59 of

1960.

458

THE GAZETTE OK INDIA EXTRAORDINARY

[PART II—

Provi-

sions of

Chapter

to be in

addition

to 1 he pro-

visions of

Act 59 of

1BC0.

Disre-

garding

the rules

of the

road.

7tf. 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,

1960.

CHAPTER X

OFFENCES AND PUNISHMENTS

80. No person shall—

(a) when driving a vehicle along a street (except in cases

actual necessity or of some other sufficient reason for deviation) fail

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

aide of such vehicle; or

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

secured any animal or vehicle.

81. No person shall ca^.se obstruction damage, injury, danger, alarm

or mischief in any street or public place—•

(i) by misbehaviour, negligence or ill-usage

the

driving,

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

(ii) by driving any vehicle or animal laden with timber, poles

or other unwieldy articles through a street or public place contrary

to any regulation made in that behalf.

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 as 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, oi¹ 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—

(a) by allowing any animal or vehicle, which has to be loaded

or unloaded, or take up ae 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 Dublic place; or

place for vehicles or cattle; or

(d) by leaving any box, bale, package or other things whatso-

ever in nr upon a street for an unreasonable length of time or con-

irary to any regulation; or

(e) by exposing anything for sale or setting out anything for

sale in or upon any stall, booth, board, cask, basket or in any other

way whatsoever.

Causing

obstruc-

tion or

mischief

by animal-

Exposing

animal

(or hire,

saL*. «>*<•,

Causing

any obs-

' ruction

in a. street-

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

459

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

emblems 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,

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 neighbouring residents or to passers-by.

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

(h) siuffer a ferocious dog to be at large without a muzzle; or

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 menns of water¹ supply

which such bathing or washing is forbidden by order qf tne competent

authority.

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.

90. No person shall obstruct or incommode a person bathing

place set apart for the purpose by the order of the competent authority

under section 88 by wilful Intrusion or by using such place for any pur-

pose for which it is not so set apart,

91. No person shall wilfully and indecently expose his pefgon in any

street or public place or place of public resort or within sight of,

and

in su;h manner as to be seen from, any street or public place or place

of public resort, whether from within any house or building or not, or

use indecent language or behave indecently or riotously or in a disor-

derly manner in a street or public pbee or place of public resort or in

any office, police station or station house.

Obhtruci-

mg a

footway.

Causing

obstruc-

tion

and annd-

yance by

pcrlcr.

mances

etc

D oiii»

Often:-) ve

acts in

or near a

btrett or

public

place.

LeiUnfi

loose

horse, etc.,

and iufter.

ing fero-

uous dogs

(o be ut

large,

Bathing

or wash-

ing in

places

A'.'t S_t

apart for

ihose

purposes.

Defiling

water m

public

wells,

etc.

Obstruct-

ing

bathers.

Behaving

indecently

in public:.

46d

iUE GAZEi^Ttf OF INDIA EXTRAORDINARY

[PART 11—

Obstruct-

ing or

annoying

passen-

gers in

th<i

street.

Misbeha-

viour with

Intent to

provoke a

breach

or the¹

peacei

Prohibi-

tion

against

flying

kites, ate.

Commit-

ting

nuisance

in or

near

street, etc.

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

order.

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.

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

injury or alarm to persons, animals or property.

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

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

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

cause annoyance to any passer-by.

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 spfit 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.

98. (1) Whoever allows any cattle which are his property or in his

charge to stray in any street or to trespass upon any public or private

properly 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 bo,th; and

(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 five hundred rupees, or with both.

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

(1) may order—

(a) that the accused shall pay such compensation not exceeding

two hundred and fifty rupees as such Magistrate considers reasonable

Disregard

of notice

In public

building.

Penal-

ties for

offences

under

sections

80 to 96.

Penalty

for

failure

to keep

confine-

ment

cattle, etc.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

461

2 of 1974.

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 be* lawful

for any other person to seize and take to any cattle pound for confine-

ment therein any cattle found spraying in any street or trespassing upon

any privajle or public property.

(5) Any fine imposed under this section may, without prejudice to

any other means of recovery provided by law, be recovered by sale of

all or any of the cattle in respect of which the offence was comraitted,

whether 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 Ooide of Criminal Pro-

cedure, 1973, the offence punishable under this section shall be cognizable.

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.

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-

viction, 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.

101. Whoever knowingly gives or causes to bel given a false

alarmj

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

auch 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 sunset 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

without being able satisfactorily to account for his presence there; or

Punish-

ment for

cruelty to

animals.

Wilful

trespass.

False

alarm

of fire

or damage

to fire

alarm.

Being

found

under sus-

picious

circums-

tances

between

sunset

and sun-

rise.

462

THE GAZETTE OF INDIA EXTRAORDINARY

IP/»RT H—

Possession

of pro-

perty of

which no

satisfac-

tory

accoutit

can be

given.

Omission

by pawn-

brokers,

etc., to

report to

police

possession

or tender

of pro-

perty sus-

pected to

be stolen.

(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 hj'3 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 nundred

rupees, or with both.

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 mentioned in section 410 of ihe 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, conies into possession or* haa an offer,

either by way of sale, pawn, exchange, or for custody, alteration or other-

wise howsoever, made 10 him, of property answering the description con-

tained in such information, shall, unless—

(i) he forthwith gives information

to the

Commissioner

Police, or at 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.

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 previous permission

of the police, any such property as is referred to in that section shall,

on proof that the same was stolen property within 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

the said Code has been committed, be punished with imprisonment for a

term which may extend to three years or with fine, or with both.

45 of I860

Melting,

etc., of

property

referred

to in

section

104.

43 of 1860,

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINABY

463

4B of 1860.

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

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

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 be re-

leased after a due admonition,

109. 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.

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—

(a) if the regulation was made under clause (b) of sub-section

(1) of section 28 providing for the prohibition of the sale, or ex-

posure for sal", of any goods on any street or portion thereof so 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

two hundred rupees, or with bothi and

(ii) for any subsequent offence, with imprisonment for

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) _ (i) or (j),

sub-clause (i) or (ii) 01 clause (s) or clause (v) of sub-section

(1) of section 28, with imprisonment for a term which may extend to

eight days, or with fine which may extend to fifty rupees, or with

both;

Taking

pledge

from

child.

Suffering

disorderly

conduct

at places

of public

amuse-

ment, etc.

Cheating

at games

and gam-

bling

in street.

Penalty

for dis-

obedience

to order

under

section 27.

Penalty

for con-

travening

regula-

tions,

etc., un-

der sec-

tion 28.

464

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Liability

of licen-

see of

place of

public

amuse-

ment or

entertain-

ment for

acts of

servants.

section (2) 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

(I) 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 Act in respeot of a

place of public amusement or public entertainmen|t 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 such offence.

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 respect 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.

(3) If 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.

(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, disobeys, opposes or fails to conform

to any order piven 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—

(a) if the said notification or order was niade under sub-section

(I) of section 30 or under section 33 or section 34, with Imprlson-

Pehalty

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

Siot re-

newing

such

licence

or certi-

ficate

within

prescrib-

ed period.

Penalties

for contra-

vention of

orders,

etc., un-

der sec-

tions

29, 30, 31,

32, 33 and

34.

SEC, 1]

THE GAZETTE OF INDIA EXTRAORDINARY

465

merit 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:

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) Whoever¹ opposes 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, noitice 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.

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:

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.

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 48 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

(b) enters or returns to Delhi or any part thereof with per-

mission granted under sub-section (1) 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.

Penalty

for con-

travention

of regula-

tions, etc.,

made

under

sections

35, 36 and

37.

Penalty

for con-

travention

of direc-

tions

under

section 46,

47 or 48.

Penalty

for enter-

ing with,

out per-

mission

area from

which a

person ia

directed

to remove

himself

or over-

staying.

466

THE GAZETTE OF INDIA EXTRAORDINARY

[PART TI—

Penalty

for con-

travention

of orders

under

section 57.

Penalty for

opposing

or not

complying

with

direction

•»iven under

clause (b)

of sub-

section.

(1) of

section 59.

Penalty

for con-

travening

directions

under

section

65.

Dangerous

perform-

ances.

Neglect

or refusal

to serve

as special

police

officer.

Penalty

for

making

false

state-

ment,

ete., and

for mis-

conduct of

police

officers.

117. Whoever contravenes any order made under section 57 ahall, on

conviction, be punished with imprisonment for a term which may ex-

tend to three years, or with fine, or with both.

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

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.

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.

120. (1) 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

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) If any person contravenes or attempts to contravene the provisions

of sub-section (3), he shall, on conviction, be punished with imprison-

ment for a term which may extend to one year or with fine, or with both.

(3) Notwithstanding anything contained in the Code of Criminal Pro-

cedure, 1973, the offence punishable under this section shall be cogniza-

ble.

121. (1) Any person, who having been apppinted 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.

(2) Such punishment shall automatically cancel the

certificate

appointment of such a special police officer.

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

(6) any police officer who—

(i) is guilty of cowardice, or

(ii) being a police officer of subordinate rank, resigns his office

or withdraws himself from duties thereof in contravention of section

25, or

2 of 1074.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

467

(iii) 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 obseive 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.

Eacplanafton.—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 (ii) 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 (2) 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.

124. Any police officer who—

(a) without lawful authority or reasonable

cause

enters

searches, or causes to be entered or searched, any building, vessel, tent

or place; or

(b) vexatiously and unnecessarily seizes the

property of any

person; or

or arrests

any person; or

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

his custody; or

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

lor

failure to

deliver

up ceiti-.

flcate of

appoint,

ment or

other

articie.

Vexatious

entry,

search,

arrest,

etc., by

police

officer.

Penalty

for vexa-

tious

delay in

for-

warding

a person,

arrested.

468

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-

Penalty

for un-

authorised

use of

police

unifcrnia.

Power to

make re-

gulations

regarding

carrying

weapons

without

authority.

126. If any person not being a member of the Delhi police wears,

without the permission of an officer authorised by the Administrator in

this behalf by general or special order, the uniform of the Delhi police

or any dress having the appearance or bearing any of the distinctive

marks of that uniform, he shall, on conviction, be punished with fine

which may extend to two hundred rupees.

127. (1) The Commissioner of Police may, by notification

the

Official Gazette, make regulations to provide that no person, other than

a member of the armed forces of the Union acting as such or a police

officer, shall go armed with any sword, spear, bludgeon, gun or other

offensive weapon or with any explosive or corrosive substance in any

street or public place unless so authorised by such authority as may be

specified in such regulations.

(2) Any regulation made under sub-section (1) may provide that

any person who goes armed in contravention of such regulation shall

be liable to be disarmed by any police officer and the weapon or sub-

stance

so seized

shall

be forfeited

to the

Government,

unlesa

redeemed within two months by payment of such fine, not exceeding

five hundred rupees, as the Commissioner of Police imposes.

128. It shall not, except in obedience to a rule, regulation or order

made by the Administrator or by the

Commissioner

Police,

incumbent ion the Delhi police to prosecute for an offence punishable

under section 97, section 104, sub-section (1) of section 113, section 114,

stection 119 or section 121 when such offence has not occasioned serious

mischief and has been promptly desisted from on a warning being given.

129. (1)

A court

taking

cognizance

offence

punishable

under section 97, or under clause (a), (b) or (c) of section 110 may

state upon the summons to be served on the accused person that

may> by a specified date, prior to the hearing

of the

charge

plead

guilty to the charge by registered letter and remit

to the court such

sum not exceeding one hundred rupees in the case of an offence punish-

able under section 97 and in any other case rupees fifty, as the court may

specify,

(2) Where an accused person pleads

guilty

and remits the sum

specified in the summons, under sub-section (1), no further proceedings

in respect of the offence shall be taken against him.

130. Subject to the provisions contained in section 300 of the Code of

Criminal Procedure, 1973, nothing in this Act shall be consitrued/ to pre-

vent any person from being prosecuted and punished under any other

law for anything made punishable by this Act or from being prosecuted

and punished under this Act for anything made punishable under any

other law.

^ " ^ j ' ?

131. (1) Where an offence

under

this

Act has

been

committed

by a company, every person who at the time the offence

was

committed, was in charge of, and was responsible to, the company for

Prosecu-

tion for

certain

oflenceB

against

thia Act

to be in

the discre-

tion of

Delhi

police.

Summary

disposal of

certain

cases.

Prosecu-

tion for

offences

under

other

enact-

ments not

affected.

Offence

by com-

panies.

2 of 1974.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

469

the conduct of the business of the company, as well as the company,

shall be deemed to be guilty of the offence and shall be liable to be

proceeded against and punished accordingly:

Provided that nothing contained in this sub-section shall render any

such person liable to any

punishment

provided

this

Act,

he proves that the offence was committed without his knowledge

that he exercised all due diligence to prevent the commission of such

offence,

(2) Notwithstanding anything contained in sub-section (1), where

an offence under this Act has been committed

company

and

it is proved that the offence has been committed with the consent

connivance of, or that the commission of the offence is attributable to,

any neglect on the part of any director, manager, secretary or

other

officer of the company, such director, manager,

secretary

other

officer shall also be deemed to be guilty of that offence and shall be

liable to be proceeded against and punished accordingly.

Explanation.—For the purposes of this section,—

(a) "company" means a body corporate, and includes a firm

or other association of individuals; and

(b) "director", in relation to a firm, means a partner

in the

firm.

CHAPTER XI

MISCELLANEOUS

132. All fees paid for licences or permissions granted under this Act,

and all sums paid for the service

of processes

police

officers

and all rewards, forfeitures and penalties or shares thereof, which are by

law payable to police officers as informers shall, save in so far as

any

such fees or sums belong under the provisions of any enactment for the

time being in force to any local authority be credited to the Government:

Provided that with the sanction of the Administrator or under any

rule made by the Administrator in that behalf, the whole or any portion

of any such reward, forfeiture or penalty may for special services, be

paid to a police officer or be divided amongst two or more police officers.

133. Any order or notification published or issued by the

Adminis-

trator or by the Commissioner of Police or any other police officer under

any provision of this Act, and the due publication

issue

there-

of may be proved by the production of a copy thereof in the

Official

Gazette, or of a copy thereof signed by the Administrator¹ or Commissioner

of Police or other police officer, as the case may be, and by him certified

ta be a true copy of an original published or issued according to the pro-

visions of this Act applicable thereto.

Disposal

of fees,

rewards,

etc.

Method of

proving

orders and

notifica-

tions.

470

THE GAZETTE OF INDIA EXTRAORDINARY

|"^PAKT II—

Rules,

regula-

tions or

orders

not invali-

dated by

defect of

form or

irregula-

rity in

procedure.

Presump-

tion in

prosecu-

tions for

contraven-

tion of

order

made

under

section

46, 47 or

48.

134. No rule, regulation, order, direction, adjudication,

inquiry

notification made or published and no act done under any provision of

'this Act or any rule or regulation made under this Act, or in substan-

tial conformity with the same, shall be deemed illegal, void, invalid

or insufficient by reason of any defect of form or any

irregularity

of procedure.

135. Notwithstanding anything contained in any law for the time be-

ing in force, in a prosecution for an offence for the contravention of an

order made under section 46, section 47 or section 48 on the production of

an authentic copy of the order, it shall, until the contrary is proved by

the accused, be presumed—

(a) that the order was made by the authority compeftent under

this Act to make it;

(b) that the authority making the order was satisfied that

the

grounds on, or the purpose for, which It was made existed, and that

it was necessary to make the same; and

the provisions of this Act

136. Whenever In consequence of the office of the Commissioner of

Police, Additional Commissioner of Police or any other police officer be-

coming vacant, any officer holds charge of the post of such Commissioner

of Police, Additional Commissioner of Police or other police officer or

succeeds, either temporarily or permanently, to that post, such officer

shall be competent to exercise all the powers and perform all the duties

respectively conferred and imposed, by

or under

this Act

the

Commissioner of Police or on such Additional Commissioner of Police or

other police officer, as the case may be-

137. If any person permitted to enter or return to the area from which

he was directed to remove himself under sub-section (1) of section 54,

fails to observe any condition imposed under that sub-section or by the

bond executed by him thereunder, his bond shall be forfeited and any

person bound thereby shall pay the penalty thereof or show cause to the

satisfaction of the court why such penalty should not be paid.

138. No police officer shall be liable to any penalty or to payment of

any damages on account of an act done In good faith In pursuance of or

purported to be done in pursuance of any duty imposed or any authority

conferred on him by any provision of this

Act or

any other

law

for the time being in force or any rule, regulation, order or direction made

or given thereunder.

Officers

holding

charges

of, or suc-

ceeding to,

vacancies

competent

to exer-

Lise

powers.

Forfeiture

of bond

entered

into by

person

under

sub-sec-

tion (1)

of section

54.

No police

officer to

be liable

to penalty

or damage

for act

done In

good

faith in

pursuance

of duty.

SKC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

47 1

45 of 18S0.

139. No public servant or person duly appointed or authorised shall be

liable to any penalty or to payment of any damages for giving effect in

good faith to—

(a) any order or direction issued with apparent authority by the

Administrator tfr by a person empowered in that behalf under this

Act; or

_ iVJ^'.^i

(b) any rule or regulation made under ithis Act.

Eocplanation.—In this section, the expression "public servant" has the

meaning assigned to it in section 21 of the Indian Penal Code.

140. (1) In any case of alleged offence by a police officer or other per-

son, or of a wrong alleged to have been done by such police officer or

other person, by any act done under colour of duty or authority or in

excess of any such duty or authority, or wherein it shall appear to the

court that the offence or wrong if committed or done was of the charac-

ter aforesaid, the prosecution or suit shall not be entertained and if en-

tertained shall be dismissed if it is instituted, more than three months

after the date of the act complained of:

Provided that any such prosecution against a police officer or other

person may be entertained by the court, if instituted with the previous

s=m tion of the Administrator, within one year from the date of the

offence.

(2) In the case of an intended suit on account of such a wrong as

aforesaid, the person intending to sue shall give to the alleged wrongdoer

not less than one month's notice of the intended suit with sufficient des-

cription of the wrong complained of, and if no such notice has been given

before the institution of the suit, it shall be dismissed.

(3) The plaint shall set forth that a notice as afoiesaid has been serv-

ed on the defendant and the date of such service and shall sltate what

tender of amends, i[ any, has been made by the defendant and a copy

of the said notice shall be annexed to the plaint endorsed or accom-

panied with a declaration by the plaintiff of the time and manner of ser-

vice thereof.

141. (2) Any licence or written permission granted under the provi-

sions of -this Act shall specify the period and locality for which, and the

conditions and

restrictions subject to which, the same is granted, and

.shall ibe given under¹ the signature of the compe'tent authority.

(2) Any licence or wriHen permission granted under this Act may

at any time be suspended or revoked by the competent authority if any

of its conditions or restrictions are infringed or evaded by the person

to whom it has been granted, or if such person is convicted of any offence

with respect to any matter to which such licence or permission relates.

(3) When any such licence or written permission is suspended or re-

voked, or when the period for which the same was granted has expired,

the persons to whom the same was granted shall, for all purposes of this

N-o public

servant

liable as

aforesaid

for giving

effect in

good

faith to

any 1 ule,

regulation,

order or

direction

issued

with ap.

parent

authority.

Bar to

suits and

prosecu-

tions.

Licences

and

written

permis-

sions to

specify

conditions,

etc., and

to toe

signed.

472

THF GAZfJTTE OF INDIA EXTRAORDINARY

[PART II—

Public

notices

how to be

given.

Consent,

rt- , of a

competent

authority

may be

proved by

writing

under its

signature.

Signature

on notices,

etc , may

be stamp-

ed.

Persona

interested

may seek

to annul,

reverse

or alter

any rule

or order.

Act, be deemed to be without a licence or written permission, until the

order for suspending or revoking the same is cancelled, or until the same

is renewed, as the case may be.

(4) Every person to whom any such licence or written permission has

been granted shall, while the same remains in force, at all rcason?,bie

times, produce the same, if so required by a police officer.

Explanation.—For the purposes of this section any such infringement

or evasion by, or conviction of, a servant or other agent acting on behalf

of the person to whom the licence or written permission has been grant-

ed shall be deemed to be infringement or evasion or, as the case may be,

conviction of, the person to whom such licence or written permission has

been granted.

142. Any notification which may be

publicly

promulgated,

public

notice required to be given, order required to be notified publicly or

proclamation required to be issued under any of the provisions of this Act

shall be in writing, under the signature of a competent authority and

shall be published in the locality to be affected thereby, by affixing copies

thereof m conspicuous public places, or by proclaiming the same with

beat of drums or by advertising, the same in such local newspapers in

Hindi, Urdu and English, as the competent authority may deem fit, or by

any two or mo,re of these means and by any other means it may ihink

suitable.

143. Whenever under this Act, the doing or the omitting [0 do any-

thing or the validity of anything depends upon the consent, approval,

declaration, opinion or satisfaction oi the competent authority, a written

document signed by the competent authority, purporting to convey or set

forth such consent, approval, declaiaUon, opinion or satisfaction shall be

sufficient evidence thereof.

144. Every licence, written permission, notke or other document, not

being a summons or warrant or search warrant, required by this Act

or by any rule oi regulation made thereunder, to bear the signature of

the Commissioner oi Police, shall be deemed to be properly signed if it

bears a facsimile of his rignature stamped thereon.

145. (2) In the case of any rule or order made by the Administrator

under an authority conferred by this Act and requiring the) public or

a particular class of persons to perform some duty or act, or to conduct

or order themselves or those under their control in a manner

therein

described, it shall be competent for any person interested to apply to

the Administrator by a memorial to annul, reverse, or alter the rule or

order aforesaid on the ground of its being unlawful, oppressive or unrea-

sonable-

(2) After such an application as aforesaid

and the rejection thereof

wholly or in part or after the lapse of four months without an answer to

such application or a decision thereon published by the Administrator,

It shall be competent for the person interested and deeming the rule or

order to be contrary to law to institute a suit in the principal civil court

of original jurisdiction against the Administrator for a, declaration that

the rule or order is unlawful either wholly or in part.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

473

22 of 1867.

(3) Where in any suit instituted under sub-section (2) or on appeal

therefrom, the court adjudges a rule or order to be unlawful, the rule or

order shall be annulled or so altered as to make it conformable to law.

146. (1) The Commissioner of Police shall exercise all powers and

discharge all functions which may be exercised or discharged by a Dis-

trict Magistrate under the Acts mentioned in Schedule I including the

rules made thereunder.

(2) The Commissioner of Police may authorise any Additional Com-

missioner of Police, Deputy Commissioner of Police or Additional Deputy

Commissioner of Police to exercise any of the powers or discharge any of

the functions of the Commissioner of Police mentioned in sub-section (7)

in accordance with the general or special orders of the Administrator.

(3) The powers and functions of a District

Magistrate under

the

Harais Act, 1867, shall be exercised and discharged by the Administrator

or such officer as the Administrator may, by notification in the Official

Gazette, authorise in this behalf.

147. (1) The Administrator may make rules for carrying out the pur-

poses of this Act.

(2) In particular and without prejudice to the generality of the fore-

going power, such rules may provide for all or any of the following mat-

ters, namely: —

(a) recruitment to, and the pay, allowances and all other con-

ditions of service of the members of, the Delhi police under clause

(b) of section 5;

(b) the manner of publication, under sub-section (2) of section

17, by the Commissioner of Police, of the names of special police offi-

cers appointed under that section;

tion (1) or sub-section (2) of seel ion 21 to any police officer of sub-

ordinate rank;

(d) procedure for awarding punishments under section 22;

(e) form of Discharge Certificate under sub-section (S) of section

25;

(f) determination of the cost of employing

additional police

under sub-section (2) of section 38;

(g) manner of taking measuremenis and photographs under section

55 of a person against whom an order has been made under section

46, section 47 or section 48;

(h.) manner ot constituting Defence Societies

under sub-section

(!) of section 58;

(i) form of receipt to be given in respect of any article detained

under section 62;

(j) the authority to whose satisfaction claims are to be estab-

lished under sub-section (2) of section 69 and the form and manner

in which claims may be made under that sub-section, the procedure

for dealing with such claims and all other matters connected there-

with under sub-section (3) of that section;

(k) payment to any police officer or division among two or more

police officers the whole or any portion of any reward, forfeiture or

penalty, under the proviso to section 132;

Powers of

Commis.

oioner of

Police

under

other

Acts.

PljWtiJ

make

ru.'p-

474

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

Notifica-

tion ol

rules and

regu-

lations

in the

Official

Gazette

and laying

of rules

and regu-

lations.

Cesser of

operation

of certain

enact-

ments and

savings.

(1) any other matter which hos to be, or may be, prescribed,

or provided for by rules, under this Act.

148. (2) Every rule and regulation made under this Act shall

made by notification in the Official Gazette.

(2) Every rule and regulation made under

this Act shall be

laid, as soon as may be after 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 if, before

the expiry of the session immediately following the session or the succes-

sive sessions aforesaid, both Houses agree in making any modification in

the rule or regulation, as the case may be, or both Houses agree that the

rule or regulation should not be made, the rule or regulation shall there-

after have effect only in such modified form or be of no effect, asi 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 rule or regulation.

(3) Every rule and regulation made under this Act shall also

be laid before the Metropolitan Council of Delhi.

149. (1) On the commencement of this Act the enactments specified

in Schedule II shall cease to be in force in Delhi:

Provided that—

(i) all rules and standing orders made (including ihe Punjab

Police Rules, as in force in Delhi), appointments made, powers con-

ferred, orders made or passed, directions

and

certificates

issued,

consent, permit, permission or licence given, summons or warrants

issued or served, persons arrested or detained or discharged on bail

or bond, search warrants issued, bonds forfeited and penalties incur-

red under any such enactment shall, in so far as they are consistent

with this Act, be deemed to have been

respectively

made,

con-

ferred, passed, given, issued, served, arrested, detained, discharged,

forfeited or incurred under this Act;

(n) all references in any enactment to any of the provi-

sions of the enactments so ceasing to be in force shall, in relation to

Delhi, be construed as references to the corresponding provisions of

this Act.

(2) The cesser of operation under sub-seciion (I) of an enactment

specified in Schedule II shall not affect—

(a) the validity, invalidity, effect or consequence of anything

done or suffered to be done thereunder before the commencement

of this Act;

(b) any right, privilege, obligation or liability already acquired,

accrued or incurred thereunder before sfuch commencement;

in respect of any act thereunder before such commencement;

(d) any investigation, legal proceeding or remedy in

respect

of such right, privilege, obligation, liability, penalty, forfeiture or

punishment; or

before any officer immediately before such commencement or any-

thing done or suffered to be done in the course of such proceedings,

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

475

Police

Lorce func-

tioning in

Delhi im-

mediately

before

the iyjm-

vniirice.

merit o±

this Act

lo L>e

deemed

to be

police

force

constitut-

under

this Act.

and any such proceeding or any appeal or revisional proceedings

arising out of such proceeding shall, save as otherwise expressly

provided in section 150 be instituted,

continued or disposed of, as

the case may be, as if this Act had not been enacted.

150. Without prejudice to the provisions contained in section 149,—

(a) the police force functioning in Delhi immediately before

the commencement of this Act (hereafter in this section referred

to as the existing police force) shall, on such commencement, be

deemed to be police force constituted under this Act and every

member of the existing police force holding the office mentioned in

column (1) of Schedule III, immediately before

such

commence-

ment, shall be deemed to be appointed, on such commencement, to

the office mentioned m the corresponding entry in column (2) of

that Schedule;

(b) all proceedings

(including proceedings by way of investi-

gations) pending before any police officer of the existing

police

force,

immediately

before

the

commencement of this Act

shall on siuch commencement be deemed to be proceedings pending

before him in his capacity as the holder of the office to which he

is deemed to be appointed under clause (a) and shall be dealt with

accordingly;

discharged under any law by a District Magistrate or

Executive

Magistrate immediately before the commencement of this Act

has been conferred on the Commissioner of Police or any other

police officer by or under this Act, all proceedings in relation

to or arising from the exercise of such power or the discharge of

such function pending immediately before such conferment before

the District Magistrate, or the Executive Magistrate, as the case

may be, shall, on the conferment of such power or function on the

Commissioner of Police or other police officer stand transferred to

the

Commissioner of Police or other police officer, as the

c a s e

may be, and the officer to whom such proceedings stand so trans-

ferred shall either proceed de novo or from the stage of such trans-

fer.

151. (I) If any difficulty ar.ses in giving effect to the provisions of

this Act in consequence of the transition

to the said

provisions

from the provisions of the enactments mentioned in Schedule II, the

Central Government may, by notification in the Official Gazette, make

such provisions as appear to it to be necessary or expedient for removing

the difficulty:

Provided that no such notification shall be issued after the expiry

of two years from the commencement of this Act.

(2) Every notification issued under this section

shall, as soon as

may be after it is issued, be laid before each House of Parliament.

152. (1) The Delhi Police Ordinance, 1978 is hereby repealed.

(2) Notwithstanding such repeal, anything

done

or any action

taken under the Ordinance so repealed shall be deemed to have

been

done or taken under the corresponding provisions of this Act.

Power to

remove

difficul-

ties

Ord.

2 of 1978.

Repeal

and

saving.

476

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II-

SCHEDULE I

ISee section 146(1)]

PART I

CENTRAL ACTS

1. The Press and Registration of Books Act, 1867.

2. The Indian Explosives Act, 1884.

3. The Indian Lunacy Act, 1912.

4. The Poisons Act, 1919.

5. The Police (Incitement to Disaffection) Ac s 1922.

6. The Cinematograph Act, 1952.

7. The Suppression of Immoral Traffic in Women and Girls Act, 1956,

8. The Arms Act, 1959.

9. The Prevention of Cruelty to Animals Act, 1960.

PART II

DELHI ACT AND ACTS EXTENDED TO DELHI

1. The Madras Restriction of Habitual Offenders Act, 1948, as in force

in Delhi.

2. The Punjab Security of State Act, 1953, as in force in Delhi.

3. The Madras Dramatic Performances Act, 1954, as in force in Delhi.

4. The Delhi Public Gambling Act, 1955.

5. The Bombay Prevention of Begging Act, 1959, as in force in Delhi.

SCHEDULE II

(See section 149)

\ear

1861

1872

1951

No.

XXII

Short title

The Police Act, 1861.

Section 40 of the Punjab Laws Act, 1872, as in

force in Delhi.

The provisions of the Boir.bay Police Act, 1951, as in

force in Delhi.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

477

SCHEDULE III

{See section 150;

Designation of officer in the Delhi

police

1. Inspector General of Police.

2. Deputy Inspector General of Police.

3. Superintendent of Police.

4. Assistant Inspector General of Police.

5. Additio nal Superintendent 0 f Po lice.

6. Assistant Superintendent of Police.

7. Deputy Superintendent of Police.

Posts to v/1 -ch the officers of the

Delhi police shall be deemed to

be appointed

(2)

Commissioner of Police.

Additional Commissioner of Police.

Deputy Commissioner of Police.

Deputy Commissioner of Police,

Additional Deputy Commissioner of

Police.

Assistant Commissioner of Police.

S. HARIHARA IYER,

Secy, to the Govt. of India.

PRINTED BY THE OENERAL MANAGER, GOVERNMKNT OF INDIA PRESS, MINTO ROAD

NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 1978