Bare Acts Live

The Orissa Urban Police Act, 2003

Orissa Act 8 of 2007

or827

Law Department

Chapter-I

Preliminary

(a) all rules prescribed, appointments made, powers conferred, orders made or passed, directions and certificates issued, consent, permit, permission or licences given, summons or warrants issued or served, persons arrested or detained or discharged on bail or bond, search warrants issued, bonds forfeited, penalty incurred under any such enactment shall, so far as they are consistent with this Act, be deemed to have been prescribed, made, conferred, passed, issued, given, served, arrested, detained, discharged, forfeited or incurred, as the case may be, under this Act ; and

(b) all references, in any enactment to any of the provisions of the enactments so ceasing to be in force, shall in relation to that area be construed as references to the corresponding provisions of this Act.

(a) the validity, invalidity, effect or consequence of anything done or suffered to be done thereunder in such area before the date of such cesser;

(b) any right, privilege, obligation or liability already acquired, accrued or incurred before such date;

(c) any penalty, forfeiture or punishment incurred or inflicted in respect of any act before such date;

(d) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation, liability, penalty, forfeiture or punishment; or

(e) any legal proceedings pending in any Court or before any officer on such date or anything done or suffered to be done in the course of such proceedings, and any such proceedings or any appeal or revisional proceedings arising out of such proceedings shall be instituted, continued or disposed of, as the case may be, as if this Act had not been enacted.

(a) "cattle" includes elephants, camels, horses, asses, mules, cows, bulls, buffaloes, goats, sheep and swine;

(b) "Commissionerate" means a Police Commissionerate created under Section 4;

(c) "Commissioner", "Additional Commissioner", "Deputy Commissioner", "Additional Deputy Commissioner" and "Assistant Commissioner" shall respectively mean Commissioner of Police, Additional Commissioner of Police, Deputy Commissioner of Police, Additional Deputy Commissioner of Police and Assistant Commissioner of Police appointed under this Act;

(d) "competent authority" when used with reference to the exercise of any power or discharge of any duty under the provisions of this Act, means the person specially empowered in that behalf by the Government;

(e) "Director General of Police" means the Inspector-General of Police appointed by the Government under Section 4 of the Police Act, 1861;

(f) "eating house" means any place to which the public are admitted and where any kind of food or drink is supplied for consumption on the premises by any person owning or having any interest 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 ;

(g) "Government" means the State Government of Orissa ;

(h) "place" includes -

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

(ii) any area, whether enclosed or open;

(i) "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 those admitted, and includes a race course, circus, theatre, music hall, billiard or bagatelle room, gymnasium, video parlour, game parlour, beauty parlour, saloon, fencing school, swimming pool or dancing hall;

(j) "place of public entertainment" means a lodging house, boarding and lodging house or residential hostel, and includes any eating house or other place in which any kind of liquor or intoxicating drug is supplied (such as a tavern or a shop where beer, spirit, wine, arrack, toddy, ganja, bhang or opium is supplied) to the public for consumption in or near such place;

(k) "police" or "police force" means the police force referred to in Section 5 and includes -

(i) all persons appointed as Special Police Officers under Subsection (1) of Section 13 and Additional Police Officers appointed under Section 14, and

(ii) all other persons, by whatever name known, who exercise any police function in any area specified by notification under Section 4;

(l) "police officer" means any of the police personnel referred to in Section 5 and includes any Special Police Officers and Additional Police Officers appointed under this Act;

(m) "prescribed" means prescribed by rules;

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

(i) a public building, monument and precincts or foreshore thereof, and

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

(o) "regulation" means regulations made under this Act;

(p) "rules" means rules made under this Act;

(q) "street" includes any highway, bridge, way over a causeway, viaduct or arch or any road, lane, footway, square, court, alley or passage accessible to the public, whether or not it is a thoroughfare;

(r) "subordinate ranks" in the context of police force means the members of the Orissa police force below the rank of Deputy Superintendent;

(s) "urban area" means the territorial area of a Municipality constituted under the Orissa Municipal Act, 1950, and includes the territorial area of a Corporation constituted under the Orissa Municipal Corporation Act, 2003;

(t) "vehicle" means any carriage, cart, van, dray, truck, handcart or other conveyance of any description and includes a bicycle, a tricycle, a rickshaw, a motor vehicle, a vessel or an aeroplane but does not include a perambulator.

Chapter-II

Organisation, Superintendence and Control of Police

(a) constitute police districts within the jurisdiction of a Commissionerate;

(b) divide such police districts into police subdivisions and specify the police stations comprised in each such subdivision; and

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

(a) receive a certificate of appointment, in a form approved by the Government in this behalf, the acceptance of which shall be the conclusive evidence of his consent to the appointment;

(b) have the same powers, privileges and immunities and be liable to the same duties and responsibilities and subject to the same authorities as an ordinary police officer.

(a) receive a certificate of appointment in a form approved by the Government in this behalf;

(b) be vested with all or such of the powers, privileges and immunities and perform such of the duties of a police officer as are specially mentioned in the certificate; and

(c) be subject to the orders of the Commissioner as an ordinary police officer of the same or similar rank or grade.

Chapter-III

Duties, Powers and Responsibilities of Police

(i) promote and preserve public order;

(ii) investigate crimes and, where appropriate, to apprehend the offenders and participate in subsequent legal proceedings connected therewith;

(iii) identify problems and situations that are likely to result in commission of crimes;

(iv) reduce the opportunities for the commission of crimes through preventive patrol and other prescribed police measures;

(v) aid and co-operate with other relevant agencies in implementing the prescribed measures for prevention of crimes;

(vi) aid individuals who are in danger of physical harm;

(vii) create and maintain a feeling of security in the community;

(viii) facilitate orderly movement of people and vehicles;

(ix) counsel and endeavour to resolve contentious issues and promote amity;

(x) provide necessary services as enjoined under law and afford relief to people in distress situations;

(xi) collect intelligence relating to matters affecting public peace and crimes in general including social and economic offences, national integrity and security;

(xii) perform such other duties as may be enjoined on them by any law for the time being in force;

(xiii) promptly 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 superiors;

(xiv) to the best of his ability, obtain intelligence concerning the commission of congizable 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 commission of cognizable and, within his view, of non-cognizable offences;

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

(xvi) 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;

(xvii) aid and co-operate with other agencies for the prevention of all offences and all wanton destruction of public property by violence, vandalism, fire and accidents;

(xviii) prevent such conduct in public places as would prove to be dangerous for the persons indulging in such acts like, overloading of vehicle or driving dangerously and recklessly;

(xix) refrain from causing needless inconvenience to the members of the public in the discharge of his duties;

(xx) while taking a person into custody, ensure that he is not denied his rights and privileges and, in particular, to ensure that an arrested person in custody is able to inform a person of his choice the fact of his detention;

(xxi) show, by personal conduct, that it is in the general interest of society to abide by the law in operation; and

(xxii) aid and rescue public authorities in due discharge of their duties and responsibilities during war, peace and natural calamities or otherwise.

(i) register all cognizable offences brought to his notice by a complainant in person or by post or from his knowledge and take prompt steps to acknowledge registration of such offences where necessary and proceed with such investigation in accordance with law;

(ii) guide and assist members of the public, particularly the poor and indigent, disabled or physically weak and children who are either lost or find themselves helpless on the streets or other public places;

(iii) take charge of intoxicated persons and lunatics at large, who in their ignorance may cause harm to themselves or other members of the public and their property;

(iv) assist in preventing the poor and indigent persons from exploitation by any organised group;

(v) prevent eve-teasing and harassment of women in public places or otherwise;

(vi) prevent harassment and help the children in need of care and protection;

(vii) deal with juveniles in conflict with law by adopting child friendly approach for their ultimate rehabilitation;

(viii) behave with all the members of the public with due decorum and courtesy, particularly so in dealing with women and children, where strict regard should be paid to decency and reasonable gentleness;

(ix) arrange for legally permissible sustenance and shelter to every person in custody and making known to poor persons in custody the provisions of legal aid schemes being enforced in the State and also inform the authority concerned to provide such aid;

(x) provide every kind of assistance to victims of road accidents and in particular ensuring that they are given prompt medical aid without waiting for formalities; and

(xi) assist accident victims or their heirs or their dependents, where applicable, with such information and documents as would facilitate their compensation claims and making the victims of accidents aware of their rights and privileges.

(i) regulate and control the traffic in the streets to prevent obstructions therein and, to the best of his ability, to prevent the contravention of any rule, regulation or order made under this Act or any other law in force for observance by the public in or near the streets;

(ii) keep order in the streets, pavements 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;

(iii) regulate public bathing and washing places and all other places of public resort, to prevent over-crowding in such places and, to the best of his ability, to prevent the contravention of any regulation or order lawfully made for observance by the public at such places;

(iv) prevent to the best of his ability the commission of public nuisance; and

(v) prevent and remove or cause to be removed encroachments, littering and misuse of streets and pavements by hawkers and others.

(a) warn persons, who from ignorance fail to comply with any of the provisions of this Act or of the rules, regulations or orders made thereunder;

(b) require any person, acting or about to act contrary to any of the provisions of this Act or of the rules, regulations or orders made thereunder, to desist from so doing;

(c) subject to the provisions of Sub-sections (2) and (3), arrest any person contravening any of the provisions of this Act or of the rules, regulations or orders made thereunder, where such contravention is an offence punishable under this Act; and

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

(a) has contravened any regulation made under Section 28 for regulating traffic and for preservation of order in public places;

(b) has contravened any order or notification made under Sections 29, 30 or 32;

(c) commits in the presence of such police officer offences punishable under Section 84 or Sub-section (1) of Section 95 or Clause (a), (b) or (c) of Section 96 or Sub-section (2) of Section 99 only in respect of contravention of any order made under Section 33 or 34;

(d) commits in his presence in any street or public place any non-congizable offence punishable under this Act or any of the rules or regulations made thereunder, if such person-

(i) after being warned by the police officer, persists in committing such offence; or

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

Chapter-IV

Regulation, Control and Discipline of Police

(a) regulating the inspection and training of the police force by his subordinates;

(b) determining the description and quantity of arms, accoutrements, clothing and other necessaries to be furnished to the police;

(c) prescribing the places of residence of members of the police force;

(d) for the institution, management and operation of any police fund for any purpose connected with police administration;

(e) regulating the distribution, movements and location of the police;

(f) assigning duties to police officers of all ranks and grades and prescribing -

(i) the manner in which, and

(ii) 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) prescribing the books and registers to be maintained and the returns to be submitted by police officers; and

(i) generally, for the purpose of rendering the police efficient and preventing abuse or neglect of their duties.

Chapter-V

Police Regulations

(i) regulating traffic of all kind in streets and the use of streets and other public places by persons riding, driving, cycling, walking, leading or accompanying cattle, selling or exposing for sale any goods, so as to prevent danger, obstruction or inconvenience to the public;

(ii) regulating the conditions under which vehicles may remain standing in streets and other public places, and the use of streets as halting places for vehicles or cattle;

(iii) specifying the number, colour and position of lights to be used on vehicles in streets and the hours between which such lights should be used;

(iv) licensing, controlling or prohibiting the erection, exhibition, fixation or retention of any sign, device or representation for the purpose of advertisement, which is visible against the sky from some point in any street and is hoisted or held aloft over any land, building or structure at such height as may be specified in the regulations, having regard to the traffic in the vicinity and the likelihood of such sign, device or representation at that height being a distraction, or causing obstruction, to such traffic;

(v) specifying certain hours of the day during 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;

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

(vii) regulating and controlling the manner and mode of conveying timber, scaffold poles, ladders, iron girders, beams or bars, boilers or other unwieldy articles through the streets, and the route and hours for such conveyance;

(viii) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity, prohibiting the carrying in streets and public places or storage of any hazardous or noxious substance;

(ix) 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 of persons or animals suffering from contagious or infectious disease, the carcasses of animals or parts of such carcasses or corpses of persons deceased;

(x) 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;

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

(xii) in case 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 Government with a view to prevent the disease or check the spread thereof;

(xiii) directing the closing or disuse, wholly or for certain purposes, or limiting to certain purposes only the use of any source, supply or receptacle of water and providing against pollution of the same or of the water therein;

(xiv) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity, prohibiting the use of loud speakers, the playing of music, the beating of drums, tomtoms or other instruments and the blowing or sounding of horns or other noisy instruments in or near streets or other public places;

(xv) regulating the conduct of or behaviour or action of persons constituting assemblies and processions on or along the streets and specifying in the case of processions, the routes by which the same may pass, in order to prevent annoyance, risk, danger or damage to the residents or people in the vicinity and prohibiting the carriage of explosives, arms, swords, knives, sticks or any instrument which may be capable of being used to harm the people, except in accordance with the permission of police;

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

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

(xviii) regulating or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity, prohibiting, -

(a) the illumination of streets and public places and the exterior of buildings abutting thereon by persons other than servants of Government or Corporation or other Municipal Officers duly authorised in that behalf,

(b) the blasting of rocks, crushing of rocks and stones or making excavations in or near street or public places,

(c) the using of loudspeaker in or near any public place or in any place of public entertainment,

(d) sounding of vehicle horns or generating of noise otherwise,

(e) disposal of debris, rubbles, rubbish, refuge, waste, unusable articles, etc.,

(f) sale, exposure and consumption of food and drinks by stationary or moving shops and carts for maintenance of hygiene and cleanliness by them,

(g) exhibition, display and sale of articles by hawkers and street vendors, and

(h) erection of gates, puja pendals, tents, shamianas in public places for celebration of functions, festivals or otherwise;

(xix) closing certain streets or places temporarily, in cases of danger from ruinous buildings or other cause, with such exceptions as shall appear reasonable;

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

(xxi) prohibiting the setting of fire to or burning of any straw other matter, or lighting a bonfire or wantonly discharging a fire-arm or air-gun, or letting off or throwing a firework or sending up a fire balloon 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;

(xxii) regulating the hours during which and the manner in which any place for the disposal of the dead, dharmasala, village, gate or other places of public resort may be used, so as to secure the equal and appropriate application of its advantages and accommodation and to maintain orderly conduct amongst those who resort thereto;

(xxiii) (a) licensing or controlling places of public amusement or public entertainment;

(b) 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 residents or passengers in the vicinity; and

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

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

(b) regulating, in the interest of public order, decency or morality or, in the interest of general public, the employment of artists and the conduct of the artists and the audience at such performances;

(c) prior scrutiny, by a Board, appointed by Government for the purpose (consisting of members being persons who, in the opinion of the Government, possess knowledge of, or experience in, literature, theatre and other matters relevant to such scrutiny), of such performances and of the scripts in respect thereof, if any, and granting of suitability certificate therefor subject to conditions, if any, provision for appeal against the order or decision of the Board to an appellate authority, 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 performances or scripts, for applications for obtaining such certificates and for issuing duplicates thereof and in respect of such appeals; and the performances and the scripts, in respect of which suitability certificate has been granted by any other State or Union Territory, shall be exempted from purview of this provision;

(d) regulating the hours during which and the places at which such performances may be given;

(xxv) regulating or prohibiting the sale of any ticket or pass for admission, by whatever name called, to a place of public amusement;

(xxvi)registration of eating houses including granting a certificate of 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 renewal of such registration within a specified period ;

(a) direct the conduct and behaviour or action of persons constituting processions or assemblies on or along streets;

(b) specify the routes by which and the times at which any such processions may pass or shall not pass;

(c) prevent obstructions, -

(i) on the occasions of all processions and assemblies,

(ii) in the neighbourhood of all places »f worship during the time of worship, and

(iii) in all cases when any street or public place or place of public resort may be thronged or likely to be obstructed;

(d) keep order on, and in, all streets, and at, and within, public bathing and washing places, fairs, temples, mosques, gurudwaras, churches and all other places of public resort or public worship;

(e) regulate and control the playing of music, singing or the beating of drums, tomtoms and other instruments and the blowing or sounding horns or other noisy instruments in and near any street or public place;

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

(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;

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

(d) the exhibition of persons or corpses of persons or animals;

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

(f) the delivery of harangues, the use of gesture of mimetic representations, and the preparation, exhibition, distribution or dissemination of pictures, symbols, placards or any other object or subject which may, in the opinion of the Commissioner, offend against decency or morality or undermine the communal tranquillity or the security of the State.

(a) the event or its continuance in any street, open space or any other premises of, -

(i) any vocal or instrumental music,

(ii) sound caused by the playing, beating, clashing, blowing or use in any manner whatsoever of any instrument, appliance or apparatus or contrivance which is capable of producing or reproducing sound, or

(iii) use of loudspeaker or other apparatus for amplifying any musical or other sound at such pitch or volumes as may cause disturbance to others; or

(b) the carrying on, in any premises, of any trade, avocation or operation resulting in or attended with noise:

(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 provisions of any law for the time being in force have not been contravened 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.

Chapter-VI

Special Measures for Maintenance of Public Order and Security

(a) any large work, which is being carried on, or any public amusement, which is being conducted, in any place within the area of a Commissionerate, 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 within the area of a Commissionerate necessitates the employment of additional police at such place, the Government 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 Government or the competent authority to continue.

(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 the said area or any part thereof, within such time as the Commissioner shall specify and not to enter such area or the part thereof, as the case may be, from which they were directed to remove themselves.

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

(b) that there are reasonable grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under Chapter XII, Chapter XVI, Chapter XVII or Chapter XXII of the Indian Penal Code, 1860 or under Section 290 or under any of the Sections 489-A to 489-E (both inclusive) of that Code or in the abetment of any such offence; or

(c) that such person -

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

(ii) has been found habitually intimidating other persons by acts of violence or by show of force; or

(iii) habitually commits affray or breach of peace or riot; or

(iv) habitually makes forcible collection of subscription or threatens people for illegal pecuniary gains for himself or for others; or

(v) has been habitually passing indecent remarks on women and girls, or teasing them by overtures, and that, in the opinion of the Commissioner, 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 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 alarm, harm and violence or to remove himself outside the area of the Commissionerate or any part thereof, by such route and within such time as the Commissioner may specify and not to enter or return to such area or part thereof, as the case may be, from which he was directed to remove himself.

(a) of an offence under Chapter XII, Chapter XVI or Chapter XVII of the Indian Penal Code, 1860 or under Section 290 or under any of the Sections 489-A to 489-E (both inclusive) of that Code or in the abetment of any such offence; or

(b) of an offence under Section 3 or Section 4 of the Orissa Prevention of Gambling Act, 1954 or on two or more occasions under any other provisions of that Act; or

(c) of any offence under the Immoral Traffic (Prevention) 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 47 of the Bihar and Orissa Excise Act, 1915; or

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

(i) the Narcotic Drugs and Psychotropic Substances Act, 1985; or

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

(h) on three or more occasions of an offence under Section 92 or 94 of this Act, the Commissioner 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 person to remove himself beyond the limits of the area of the Commissionerate or any part thereof, by such route and within such time as the Commissioner may specify and not to enter or return to the said area of Commissionerate or any part thereof, as the case may be, from which he was directed to remove himself.

(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 order under clause (a) to furnish security bond.

(a) that the Commissioner or the Government, 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 49 or Section 50, as the case may be; or

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

(c) in the case of an order made under Section 46 or an order in appeal therefrom to the Government under Section 50, the Commissioner or the Government, as the case may be, was not of the opinion that witnesses were unwilling to come forward to give evidence in public against the persons against whom such order has been made.

(a) fails to remove himself as directed; or

(b) having so removed himself enters the area of the Commissionerate or any part thereof within the period specified in the order, otherwise than with the permission in writing of Commissioner under Section 53, the Commissioner may cause him to be arrested and removed in police custody to such place outside the said area or any part thereof as the Commissioner may in each case specify.

Chapter-VII

Powers of Commissioner Under Other Acts

(a) the Commissioner to exercise and perform in the area under his charge 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, not below the rank of an Assistant Commissioner, to exercise and perform in relation to such areas of the Commissionerate 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.

(a) the Commissioner to exercise and perform in the area under his charge the powers and duties of a District Magistrate under such of the provisions of the Acts specified in the schedule including rules made thereunder as may be specified in the notification, and

(b) any officer subordinate to the Commissioner, not below the rank of an Assistant Commissioner, to exercise and perform in relation to such areas of the Commissionerate as may be specified in the notification, the powers and duties of a District Magistrate or of an Executive Magistrate under such of the provisions of the Acts including rules made thereunder, referred to in clause (a), as may be specified in the notification.

Chapter-VIII

Powers in Relation to Unclaimed Property

(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.

Chapter-IX

Offences and Punishments

(a) when driving a vehicle along a street (except in cases of 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 side of such vehicle; or

(b) leave in any street or public place insufficiently tended or secured any animal or vehicle.

(a) by misbehaviour, negligence or ill-usage in the driving, management, treatment or care of any animal or vehicle; or

(b) 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.

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

(b) by leaving any vehicle standing or fastening any cattle in the street, pavement or the public place; or

(c) by using any part of a street, pavement or public place as a halting place for vehicles or cattle; or

(d) by leaving any box, bale, package or other things whatsoever in or upon a street or pavement for an unreasonable length of time or contrary 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.

(a) exhibit any mimetic, musical or other performances of such a nature as may attract crowds; or

(b) carry or place bulky advertisements, hoardings, pictures, figures or emblems in any street, pavement or public place, whereby any obstruction to passengers or pedestrians or annoyance to the residents in the vicinity may be occasioned.

(a) negligently let loose any horse or other animal, so as to cause danger, injury, alarm or annoyance; or

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

(c) set on or urge a dog or other animal to attack, worry or put in fear any person or horse or other animal.

(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

(c) spit or throw any dust, ashes, refuse or rubbish so as to cause annoyance to any passer-by.

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

(b) for the second or subsequent offence, with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.

(a) armed with any dangerous instrument with intent to commit an offence; or

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

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

(d) 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.

(i) he forthwith gives information to the Commissioner or at a police station of such possession or offers and takes all reasonable means to ascertain and to give information as aforesaid of the name and address of the person from whom the possession 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 printed 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 five hundred rupees in respect of each such article of property so in his possession or offered to him.

(a) if the regulation was made under Clause (i) or Sub-clause (e), (f), (g) or (h) of clause (xviii) of Sub-section (1) of Section 28 -

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

(ii) for any subsequent offence, with imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees;

(b) if the regulation was made under clause (iii), (vii), (viii) or (ix), Sub-clause (a) or (b) of clause (xviii) or clause (xxi) of Sub-section (1) of Section 28, with imprisonment for a term which may extend to seven days, or with fine which may extend to five hundred rupees, or with both;

(c) if the regulation was made under clause (xiv) or (xv) of Subsection (1) of Section 28, with fine which may extend to five hundred rupees; and

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

(a) if the said notification or order was made under Sub-section (1) of Section 30 or under Section 33 or Section 34, 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:

(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 thousand rupees, or with both;

(c) if the said notification was made under Sub-section (3) of Section 30, with fine which may extend to one thousand rupees; or

(d) if the said order was made under Section 32, with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

(a) in contravention of a direction issued to him under Section 45, Section 46 or Section 47 enters or returns without permission to the area of the Commissionerate or any part thereof, as the case may be, from which he was directed to remove himself; or

(b) enters or returns to the area of the commissionerate or any part thereof with permission granted under Sub-section (1) of Section 53 but fails, contrary 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 :

(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 27; or

(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 observe or obey; or

(iv) is guilty of any violation of duty for which no punishment is expressly provided by any other law in force; or

(v) being in a state of intoxication while on duty;

(vi) is malingering or feigning or voluntarily causing hurt to himself with the intention to render himself unfit for the service; or

(vii) being grossly insubordinate to his superior officers or using criminal force against any superior officer; or

(viii) engages himself or participates in any demonstration, procession or strike or resort to or in any way abets any form of strike or coercion or physical duress to force any authority to concede anything, shall, without prejudice to disciplinary action that may be taken against him, on conviction, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.

(a) without lawful authority or reasonable cause enters or 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

(c) vexatiously and unnecessarily detains, searches or arrests any person; or

(d) offers any unnecessary personal violence to any person in his custody; or

(e) holds out any threat or promise not warranted by law, shall, for every such offence, on conviction, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.

(a) "company" means any 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-X

Miscellaneous

(a) any order or direction issued with apparent authority by the Government or by a person empowered in that behalf under this Act; or

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

Schedule

[See Section 59]

Part-I

Central Acts

Part-II

State Acts