THE DELHI POLICE ACT, 1978[PART II]

CHAPTER VIEXECUTIVE DUTIES AND POWERS OF POLICE OFFICERS

59.Duty of Police officer to enforce provisions of the Act.- (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;

(c) subject to the provisions of sub-sections (2) and (3), arrest 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 section 29, sub-section (1) or sub-section (2) of section 30, section 32, section 47, section 48 or sub-section (1) of section 57;

(c) commits in the presence of such police officer an offence punishable under section 97, sub-section (1) of section 108, clause (a), (b) or (c) of section 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 of 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-cognizable offence punishable under this Act or any rule, or regulation 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.

312.(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.

Other duties of a police officers. 60.Other duties of a police officers.- It shall be the duty of everypolice officer- (a) promptly to serve every summons and obey and execute ev

61.Power to enter places of public resort.

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

62.Powers to search suspected persons in street, etc.

62.Powers to search suspected persons in street, etc.- 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 manifestly false or suspicious, may detain such article after giving to the possessor a receipt in the prescribed form and report the facts to a Metropolitan Magistrate who shall thereupon proceed according to the provisions of sections 457, 458 and 459 of the Code of Criminal Procedure, 1973 (2 of 1974).

63.Emergency duties of police.

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

(2) A declaration made under sub-section (1) 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 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.Superior police officer may himself perform duties imposed on asubordinate officer.

64.Superior police officer may himself perform duties imposed on a subordinate officer.- 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 subordinate, a superior may aid, supplement, supersede, or prevent any action of such subordinate by his own action or that of any person lawfully acting under his command or authority whenever the same shall appear necessary or expedient for giving more complete or convenient effect to the law or for avoiding any infringement thereof.

314.65.Persons bound to comply with the reasonable directions of policeofficer.

65.Persons bound to comply with the reasonable directions of police officer.- (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 prejudice 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 removal has ceased to exist:

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

CHAPTER VII

POWERS IN RELATION TO UNCLAIMED PROPERTY

66.Police to take charge of unclaimed property.- (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.Procedure for disposal of property taken charge of under section 66.67.Procedure for disposal of property taken charge of under section 66.- (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 both 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 may 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.Delivery of property to person entitled.

68.Delivery of property to person entitled.- (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.

315.(2) The Commissioner of Police may, at his discretion, before making any order under sub-section (1), 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.In default of claim, property to be at disposal of Government.

69.In default of claim, property to be at disposal of Government.
– (1) If no person establishes his claim to such property within the period specified in the proclamation, the property, or such part thereof as has not already been sold under sub-section (2) of section
67, may be sold by auction under the orders of the Commissioner of
Police and the proceeds 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 VIIISPECIAL PROVISIONS RELATING TO EXERCISE OF POWERS UNDER THE CODE OFCRIMINAL
PROCEDURE, 1973.

 

Power of Central Government to authorise Commissioner of Police andcertain other officers to exercise powers of District Magistrates andExecutive
Magistrates under the Code of Criminal Procedure,

 

70.Power of Central Government to authorise Commissioner of
Police and certain other officers to exercise powers of District
Magistrates and Executive Magistrates under the Code of Criminal
Procedure, 1973.- (1) 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 relation 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 (2 of
1974), 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 (1), 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 section 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
(1), to the general control of the District Magistrate appointed under section 20 of the said Code.

(4) The provisions of this section shall have effect notwithstanding anything contained in the said Code.

316.71.Notifications under section 70 to be laid before Parliament.

71.Notifications under section 70 to be laid before Parliament.
– 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 comprised in one session or in two or more successive sessions and if before the expiry of session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the notification or both House 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. [Repealed]

72. [References to Judicial Magistrate of the First elass in sect-
ions 108,109 and 110 of the Code of Criminal Procedure, 1973 not to be construed as references to an Executive Magistrate] Rep. by the Code of Criminal Procedure, (Amendment) Act, 1980 (63 of 1980), s. 9.(w.e.f. 23. 9. 1980).

CHAPTER IXSPECIAL POWERS UNDER THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960.

 

Title : THE DELHI POLICE ACT, 1978Year : 1978

Act :

CHAPTER IX

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

 

73.Powers with regard to offences under Act 50 of 1960.

 

73.Powers with regard to offences under Act 50 of 1960.- (1) When in respect of an animal an offence punishable under sub-section (1) of section 11 or section 12 of the Prevention of Cruelty to Animals Act,
1960 has been committed, or when there is a reasonable ground for suspecting that such offence has been committed, a police officer may—

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

(b) if the accused person so requires, take the animal to a veterinary officer specified by general or special order by the Administrator in this behalf:

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

(c) take the animal to an infirmary appointed under section 35 of the said Act for treatment and detention therein, pending direction 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

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

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

(2) Where an animal is detained in a dispensary, infirmary or other place under sub-section (1), 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.Powers of Metropolitan Magistrate to return animal to person fromwhose possession it was taken.

74.Powers of Metropolitan Magistrate to return animal to person from whose possession it was taken.- 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 himself 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 (59 of 1960) or may make such order as he thinks fit regarding the disposal or custody or production of the animal.

75.Veterinary officer to examine the animal.

75.Veterinary officer to examine the animal.- 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 examination shall be delivered free of charge to the accused person if he applies for it.

76.Animal to be dealt with under Act 59 of 1960.

76.Animal to be dealt with under Act 59 of 1960.- When under section 73, a police officer takes an animal for detention 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 inclusive) 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 dispensary, infirmary or other place.

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

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

78.Arrest without warrant in case of certain offences under Act 59 of1960.

78.Arrest without warrant in case of certain offences under Act
59 of 1960.- Any police officer may arrest, without a warrant from a Magistrate, 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, 1960.

318.79.Provisions of Chapter to be in addition to the provisions of Act 59 of1960.

79.Provisions of Chapter to be in addition to the provisions of
Act 59 of 1960.- 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 XOFFICES AND PUNISHMENTS.

 

80.Disregarding the rules of the road.- No person shall-

 

(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.

81.Causing obstruction or mischief by animal.

81.Causing obstruction or mischief by animal.- No person shall cause obstruction, damage, injury, danger, alarm or mischief in any street or public place-

(i) by misbehaviour, negligence or ill-usage in 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.Exposing animal for hire, sale, etc.

82.Exposing animal for hire, sale, etc.- 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, or carry on therein any manufacture or operation so as to be a serious impediment to traffic or serious annoyance to residents in the vicinity or to the public.

83.Causing any obstruction in a street.

83.Causing any obstruction in a street.- 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 or set down passengers, to remain or stand in the street or the public place longer than may be necessary for such purpose; or

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

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

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

319.84.Obstructing a footway.

84.Obstructing a footway.- 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.Causing obstruction and annoyance by performances, etc.

85.Causing obstruction and annoyance by performances, etc.- No person shall, in contravention of any regulation made by the
Commissioner of Police,-

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

(b) carry or place bulky advertisements, pictures, figures or emblems in any street or public place,

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

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

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

87.Letting loose horse, etc., and suffering ferocious dogs to be atlarge.

87.Letting loose horse, etc., and suffering ferocious dogs to be at large.- No person shall in any street or public place-

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

(b) 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.

88.Bathing or washing in places not set apart for those purposes.

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

89.Defiling water in public wells, etc.

89.Defiling water in public wells, etc.- No person shall defile or cause to be defiled 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.

Obstructing bathers.

90.Obstructing bathers.- No person shall obstruct or incommode a person bathing at a 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 purpose for which It is not so set apart.

91.Behaving indecently in public.

91.Behaving indecently in public.- No person shall wilfully and indecently expose his person in any street or public place or place of public resort or within sight of, and in such 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 disorderly manner in a street or public place or place of public resort or in any office, police station or station house.

320.92.Obstructing or annoying passengers in the street.

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

93.Misbehaviour with intent to provoke a breach of the peace.

93.Misbehaviour with intent to provoke a breach of the peace.- 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.Prohibition against flying kites, etc.

94.Prohibition against flying kites, etc.- No person shall fly a kite or any other thing so as to cause danger, injury or alarm to persons, animals or property.

95.Committing nuisance in or near street, etc. 95.Committing nuisance in or near street, etc.- No person shall inor near to any street, public place or place of public resort- (a) commit a n

96.Disregard of notice in public building.

96.Disregard of notice in public building.- No person shall, in any court, police station, police office or building occupied by
Government or building occupied by any local body, smoke, or spit 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.Penalties for offences under sections 80 to 96.97.Penalties for offences under sections 80 to 96.- 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.Penalty for failure to keep in confinement cattle, etc.

98.Penalty for failure to keep in confinement cattle, etc.- (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 property shall on conviction be punished-

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

321.to any person or any damage proved to have been caused to his property 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 committed shall be forfeited to the Government.

(3) Any compensation awarded under sub-section (2) may be recovered 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 confinement therein any cattle found straying in any street or trespassing upon any private 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 committed, 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 Code of Criminal
Procedure, 1973 (2 of 1974), the offence punishable under this section shall be cognizable.

99.Punishment for cruelty to animals.

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

100.

Wilful trespass.

100.Wilful trespass.- 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 conviction, whether he causes any actual damage or not, be punished with imprisonment which may extend to seven days or with fine which may extent to one hundred rupees, or with both.

101.False alarm of fire or damage to fire alarm.

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

102.Being found under suspicious circumstances between sunset and sunrise.

102.Being found under suspicious circumstances between sunset and sunrise.- Whoever is found between sunset and sunrise–

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

(b) having his face covered, or otherwise disguised with intent to commit an offence; or

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

322.(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.Possession of property of which no satisfactory account can be given.

103.Possession of property of which no satisfactory account can be given.- Whoever has in his possession or conveys in any manner, or offers for sale or pawn, anything which there is reason to believe is stolen property or property fraudulently obtained, shall, if he fails to account for such possession or act to the satisfaction of the
Metropolitan Magistrate, 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.

104.Omission by pawn-brokers, etc., to report to police possession ortender of property suspected to be stolen.

104.Omission by pawn-brokers, etc., to report to police possession or tender of property suspected to be stolen.-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 written or printed information in relation to any property suspected to have been transferred by any offence mentioned in section 410 of the Indian
Penal Code (45 of 1860) or by any offence punishable under section
417, section 418, section 419 or section 420 of the said Code, is found in possession, or, after the receipt of such information, comes into possession or has an offer, either by way of sale, pawn, exchange, or for custody, alteration or otherwise howsoever, made to him, of property answering the description contained in such information, shall, unless.

(i) he forthwith gives information to the Commissioner of
Police, 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 fifty rupees in respect of each such article of property so in his possession or offered to him.

105.Melting etc., of property referred to in section 104.105.Melting etc., of property referred to in section 104.- 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 (45 of 1860) 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.

323.106.Taking pledge from child.

106.Taking pledge from child. 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 without 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.Suffering disorderly conduct at places of public amusement, etc.

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

108.Cheating at games and gambling in street.

108.Cheating at games and gambling in street.- (1) 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
(45 of 1860),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 released after a due admonition.

109.Penalty for disobedience to order under section 27.109.Penalty for disobedience to order under section 27.- 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.Penalty for contravening regulations, etc., under section 28.110.Penalty for contravening regulations, etc., under section 28.- 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 subsection (1) of section 28 providing for the prohibition of the sale, or exposure for sale, 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 to two 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 five hundred rupees;

(b) if the regulation was made under clause (d), (h), (i)
or (j), sub-clause (i) or (ii) of 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;

324.(c) if the regulation was made under clause (0) or (p) of sub-section (1) of section 28, with fine which may extend to two 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 clause (a), (b) or (c) of this section, with fine which may extend to fifty rupees.

111.Liability of licensee of place of public amusement or entertainmentfor acts of servants.

111.Liability of licensee of place of public amusement or entertainment for acts of servants.- The holder of a licence granted under this Act in respect of a place of public amusement or public entertainment 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 permission on his behalf 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.Penalty for not obtaining licence in respect of place of publicentertainment or certificate of registration in respect of eatinghouse or for not renewing such licence or certificat

112.Penalty for not obtaining licence in respect of place of public entertainment or certificate of registration in respect of eating house or for not renewing such licence or certificate within prescribed period.- (1) Whoever fails to obtain a licence under this
Act in respect of a place of public entertainment or a certificate of registration thereunder 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 conviction, 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 extend 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 courts direction.

113.Penalties for contravention of orders etc. under sections 29, 30, 31,32, 33.and 34.113.Penalties for contravention of orders, etc., under sections 29,
30, 31, 32, 33 and 34.- (1) Whoever contravenes, disobeys, opposes or fails to conform to any order given by a police officer under section
29 shall, on conviction, be punished with fine which may extend to two hundred rupees.

(2) Whoever contravenes a notification or an order made under section 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 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:

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

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

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

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

(3) Whoever 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.Penalty for contravention of regulations, etc, made under sections 35,36 and 37.114.Penalty for contravention of regulations, etc, made under sections 35, 36 and 37.- Whoever contravenes, or abets the contravention of, any regulation, notice or order made under section
35, section 36 or section 37 shall, on conviction, be punished with imprisonment which may extend to three months, or with fine which may extend to two hundred rupees, or with both.

115.Penalty for contravention of directions under section 46, 47, or 48.115.Penalty for contravention of directions under section 46, 47, or 48.- 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.Penalty for entering without permission area from which a person isdirected to remove himself or overstaying when permitted to returntemporarily.

116.Penalty for entering without permission area from which a person is directed to remove himself or overstaying when permitted to return temporarily.- 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 permission granted under sub-section (1) of section 54, 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:

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.

326.117.Penalty for contravention of orders under section 57.117.Penalty for contravention of orders under section 57.- Whoever contravenes any order made under section 57 shall, on conviction, be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

118.Penalty for opposing or not complying with direction given underclause
(b) of sub-section (1) of section 59.118.Penalty for opposing or not complying with direction given under clause (b) of sub-section (1) of section 59.- Whoever opposes or fails forthwith to comply with any reasonable 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.Penalty for contravening, directions under section 65.119.Penalty for contravening, directions under section 65.- 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.Dangerous performances.

120.Dangerous performances.- (1) No person shall without the previous permission of the Commissioner of Police and except in accordance with any conditions subject to which such permission is granted, hold or give in any place which is likely to cause an assembly of persons, any performance in which or during which he buries himself under ground or seals himself in any room or receptacle or other thing, in such manner as to prevent all access of air to him and for such time as would ordinarily result in death by suffocation.

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

(3) Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (22 of 1974), the offence punishable under this section shall be cognizable. (2 of 1974).

121.Neglect or refusal to serve as special police officer.

121.Neglect or refusal to serve as special police officer.- (1)
Any person, who having been appointed 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 of appointment of such a special police officer.

122.Penalty for making false statement, etc., and for misconduct of policeofficers.

122.Penalty for making false statement, etc., and for misconduct of police officers.- (a) Any person who makes a false statement or uses a false document for the purpose of obtaining employment or release from employment as a police officer, or

(b) 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

327.(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,

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

Explanation.-A police Officer who being absent on leave fails without reasonable cause to report himself for duty, on the expiration of such leave shall, for the purpose of sub-clause (ii) of clause (b), be deemed to withdraw himself from the duties of his office within the meaning of section 25.123.Penalty for failure to deliver up certificate of appointment or otherarticle.

123.Penalty for failure to deliver up certificate of appointment or other article.- Any police officer, who wilfully neglects or refuses to deliver up his certificate of appointment or of office or any other article, in accordance with the provisions of sub-section (1) of section 26 shall, on conviction, 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.Vexatious entry, search, arrest, etc., by police officer.

124.Vexatious entry, search, arrest, etc., by police officer.- Any police officer who-

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

(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 six months, or with fine which may extend to five hundred rupees, or with both.

125.Penalty for vexatious delay in forwarding a person arrested.

125.Penalty for vexatious delay in forwarding a person arrested.
– 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.

328.126.Penalty for unauthorised use of police uniforms.

126.Penalty for unauthorised use of police uniforms.- 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.Power to make regulations regarding carrying weapons withoutauthority.

127.Power to make regulations regarding carrying weapons without authority.- (1) The Commissioner of Police may, by notification in 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, unless redeemed within two months by payment of such fine, not exceeding five hundred rupees, as the Commissioner of Police imposes.

128.Prosecution for certain offences against this Act to be in thediscretion of Delhi police.

128.Prosecution for certain offences against this Act to be in the discretion of Delhi police.- It shall not, except in obedience to a rule, regulation or order made by the Administrator or by the
Commissioner of Police, be incumbent on the Delhi police to prosecute for an offence punishable under section 97, section 104, sub-section
(1) of section 113, section 114, section 119 or section 121 when such offence has not occasioned serious mischief and has been promptly desisted from on a warning being given.

129.Summary disposal of certain cases.

129.Summary disposal of certain cases.- (1) A court taking cognizance of an 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 he 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 punishable 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.

Prosecution for offences under other enactments not affected.

130.Prosecution for offences under other enactments not affected.
– Subject to the provisions contained in section 300 of the Code of
Criminal Procedure, 1973 (2 of 1974), nothing in this Act shall be construed to prevent 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.

131.Offences by companies.

131.Offences by companies.- (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

329.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 in this Act, if he proves that the offence was committed without his knowledge or 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 by a company and it is proved that the offence has been committed with the consent or 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 or 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 XIMISCELLANEOUS.

 

132.Disposal of fees, rewards, etc.- All fees paid for licences or permissions granted under this Act, and all sums paid for the service of processes by police officers and all rewards, forfeitures and penalties or shares thereof, which are by law payable to police officers as informers shall, save in so far as any such fees or sums 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.Method of proving orders and notifications.

133.Method of proving orders and notifications.- Any order or notification published or issued by the Administrator or by the
Commissioner of Police or any other police Officer under any provision of this Act, and the due publication or issue thereof may be proved by the production of a copy thereof in the Official Gazette, or of a copy thereof signed by the Administrator or Commissioner of Police or other police officer, as the case may be, and by him certified to be a true copy of an original published or issued according to the pro-
visions of this Act applicable thereto,

330

134.Rules, regulations or orders not invalidated by defect of form orirregularity in procedure.

134.Rules, regulations or orders not invalidated by defect of form or irregularity in procedure.- No rule, regulation, order, direction, adjudication, inquiry or 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 substantial 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.Presumption in prosecutions for contravention of order made undersection
46, 47 or 48.135.Presumption in prosecutions for contravention of order made under section 46, 47 or 48.- Notwithstanding anything contained in any law for the time being 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 competent 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

(c) that the order was otherwise valid and in conformity with the provisions of this Act.

136.Officers holding charges of, or succeeding to , vacancies competent toexercise powers.

136.Officers holding charges of, or succeeding to , vacancies competent to exercise powers.- Whenever in consequence of the office of the Commissioner of Police, Additional Commissioner of Police or any other police officer becoming 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 on the Commissioner of Police or on such
Additional Commissioner of Police or other police officer, as the case may be.

137.Forfeiture of bond entered into by person under sub-section (1) ofsection
54.137.Forfeiture of bond entered into by person under sub-section
(1) of section 54.- 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 to be liable to penalty or damage for act done ingood faith in pursuance of duty.

138.No police officer to be liable to penalty or damage for act done in good faith in pursuance of duty.- 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.

331.139.No public servant liable as aforesaid for giving effect in good faithto any rule, regulation, order of direction issued with apparentauthority.

139.No public servant liable as aforesaid for giving effect in good faith to any rule, regulation, order of direction issued with apparent authority.- No public servant or person duly appointed or authorised shall 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 or by a person empowered in that behalf under this Act; or

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

Explanation.-In this section, the expression “public servant”
has the meaning assigned to it in section 21 of the Indian Penal
Code (45 of 1860)

140.

Bar to suits and prosecutions.

140.Bar to suits and prosecutions.- (1) In any case of alleged offence by a police officer or other person, 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 an such duty or authority, or wherein it shall appear to the court that the offence or wrong if committed or done was of the character aforesaid, the prosecution or suit shall not be entertained and if entertained 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 sanction 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 months notice of the intended suit with sufficient description 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 aforesaid has been served on the defendant and the date of such service and shall state what tender of amends, if any, has been made by the defendant and a copy of the said notice shall be annexed to the plaint endorsed or accompanied with a declaration by the plaintiff of the time and manner of service thereof,

141.Licences and written permissions to specify conditions, etc., and tobe signed.

141.Licences and written permissions to specify conditions, etc., and to be signed.- (1) Any licence or written permission granted under the provisions of this Apt shall specify the period and locality for which, and the conditions and restrictions subject to which, the same is granted, and shall be given under the signature of the competent authority.

(2) Any licence or written 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 revoked, 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

332.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 reasonable 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 granted 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.Public notices how to be given.

142.Public notices how to be given.- 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 in 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 more of these means and by any other means it may think suitable.

143.Consent, etc., of a competent authority may be proved by writing underits signature.

143.Consent, etc., of a competent authority may be proved by writing under its signature.- Whenever under this Act, the doing or the omitting to do anything or the validity of anything depends upon the consent, approval, declaration, opinion or satisfaction of the competent authority, a written document signed by the competent authority, purporting to convey or set forth such consent, approval, declaration. opinion or satisfaction shall be sufficient evidence thereof.

144.Signature on notices, etc., may be stamped.

144.Signature on notices, etc., may be stamped.- Every licence, written permission, notice or other document, not being a summons or warrant or search warrant, require by this Act or by any rule or regulation made thereunder, to bear the signature of the Commissioner of Police, shall be deemed to be properly signed if it bears a facsimile of his signature stamped thereon.

145.Persons interested may seek to annul, reverse or alter any rule ororder.

145.Persons interested may seek to annul, reverse or alter any rule or order.- (1) 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 unreasonable.

(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.

333.(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.Powers of Commissioner of Police under other Acts.

146.Powers of Commissioner of Police under other Acts.- (1) The
Commissioner of Police shall exercise all powers and discharge all functions which may be exercised or discharged by a District
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 (1) in accordance with the general or special orders of the Administrator.

(3) The powers and functions of a District Magistrate under the
Sarais Act, 1867 (22 of 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.Power to make rules.

147.Power to make rules.- (1) The Administrator may make rules for carrying out the purposes of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: –

(a) recruitment to, and the pay, allowances and all other conditions 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 officers appointed under that section;

(c) awarding of any of the punishments referred to in sub-
section (1) or sub-section (2) of section 21 to any police officer of subordinate rank;

(d) procedure for awarding punishments under section 22;

(e) form of Discharge Certificate under sub-section (8) of section 25;

(f) determination of the cost of employing additional police under sub-section (2) of section 38;

(g) manner of taking measurements 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 of constituting Defence Societies under sub-
section (1) 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 established 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 therewith 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;

334.(1) any other matter which has to be, or may be, prescribed, or, provided for by rules, under this Act.

148.Notification of rules and regulations in the Official Gazette andlaying of rules and regulations.

148.Notification of rules and regulations in the Official Gazette and laying of rules and regulations.- (1) Every rule and regulation made under this Act shall be 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 comprised 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 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 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 rule or regulation.

(3) Every rule and regulation made under this Act shall also be laid before the Metropolitan Council of Delhi.

149.Cesser of operation of certain enactments and savings.

149.Cesser of operation of certain enactments and savings.- (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 the
Punjab Police Rules, as in force in Delhi), appointments made, powers conferred, 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 incurred under any such enactment shall, in so far as they are consistent with this
Act, be deemed to have been respectively made, conferred, passed, given, issued, served, arrested, detained, discharged, forfeited or incurred under this Act;

(ii) 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-section (1) of an enactment specified irk 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 such commencement;

(c) any penalty, forfeiture or punishment incurred or inflicted 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

(e) any legal proceeding thereunder pending in any court or before any officer immediately before such commencement or anything done or suffered to be done in the course of such proceedings,

335.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.

Police force functioning in Delhi immediately before the commencementof this
Act to be deemed to be police force constituted under thisAct.

150.Police force functioning in Delhi immediately before the commencement of this Act to be deemed to be police force constituted under this Act.- 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 commencement, shall be deemed to be appointed, on such commencement, to the office mentioned in the corresponding entry in column (2) of that Schedule;

(b) all proceedings (including proceedings by way of investigations) pending before any police officer of the existing police force, immediately before the commencement of this Act shall on such. 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;

(c) where any power or function which may be exercised or 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 case may be, and the officer to Whom such proceedings stand so transferred shall either proceed de novo or from the stage of such transfer.

151.Power to remove difficulties.

151.Power to remove difficulties.- (1) If any difficulty arises 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.Repeal and saving.

152.Repeal and saving.- (1) The Delhi Police Ordinance, 1978.( Ord 2 of 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 taken under the corresponding provisions of this Act.

336.SCHE

[See Section 146 (1)]

SCHEDULE I

[See Section 146(1)]

PART ICENTRAL 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) Act, 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 IIDELHI 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.

SCHE

(See section 149)

SCHEDULE II

(See section 149)
———————————————————————

Year NO. Short title
———————————————————————
1861 V The Police Act, 1861.1872 IV Section 40 of the Punjab Laws Act, 1872, as in force in Delhi.

1951 XXII The provisions of the Bombay Police Act,
1951, as in force in Delhi.

337.SCHE

(See section 150)

SCHEDULE III

(See section 150)

———————————————————————
Designation of officer in the Posts to which the officers of the
Delhi police Delhi police shall be deemed to be appointed
———————————————————————
(1) (2)
———————————————————————

1. Inspector General of Police. Commissioner of Police.

2. Deputy Inspector General of Police. Additional Commissioner of Police.

3. Superintendent of Police. Deputy Commissioner of
Police.

4. Assistant Inspector General of Police. Deputy Commissioner of
Police,

5. Additional Superintendent of Additional Deputy police. Commissioner of Police.

6. Assistant Superintendent of Police. Assistant Commissioner of
Police.

7. Deputy Superintendent of Police. Assistant Commissioner of
Police.