GUJARAT POLICE ACT, 1951
(1) This Act may be called the 6[Gujarat] Police Act, 1951.
1[(2) It extends to the whole of the State of 2[Maharashtra].
3(3) It shall come into force 4[in the pre-Reorganisation State of Bombay] on such date as the State Government may, by notification in the Official Gazette 5[specify in this behalf, and in that part of the State to which it is extended by the Bombay Police (Extension and Amendment) Act, 1959, it shall come into force on such other date as the Government may by like notification specify].
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1. This sub-section was substituted for the original by Bombay 34 of 1969,Section 4(2).
2. This word was substituted for the word
In this Act, unless there is anything repugnant in the subject or context,--
(1) "cattle" includes elephants, camels, horses, asses, mules sheep, goats and swine;
(2) "Corporation" means a Corporation constituted under 5 1 [* * * * *] the Bombay Provincial Municipal Corporations Act 1949 (Bombay LIX of 1949), 2 [* * * * *]
(3) the expression "competent authority" when used with reference to the exercise of performance of any power, duty or function under the provisions of this Act, means--
(a) in relation to 3 [any area] for which a Commissioner of Police is appointed under section 7, the Commissioner;
(b) in relation to the areas other than those referred to in clause (a) the District Magistrate or the D
3. One Police Force for the1[whole of the2[State of Gujarat]
There shall be one Police Force for the3[whole of the2[State of Gujarat]:
Provided that the members of the Police Forces constituted under my of the Acts mentioned in Schedule I, immediately before the coming into force of this Act4[in the relevant part of the State] shall be demand to be the members of the said Police Force.
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1. These words were substituted for the words, "whole State," by Bombay 34 of 1959, Section 6.
2. These words were substituted for the words "State of Bombay" by the Gujarat Adaptation of Laws (State and Concurrent Subject) Order, 1960.
3. These words wer
The superintendence of the Police Force throughout1 [the State of Gujarat] vests in and is exercisable by the State Government and any control, direction or supervision exercisable by any officer over any member of the Police Force shall be exercisable subject to such superintendence.
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1. These Words were substituted for the words, "the State,"Bombay 34 of 1959, Section 7.
Subject to the provisions of this Act --
(a) the Police Force shall consist of such number in the several ranks and have such organization and such powers, functions and duties as the State Government may by general or special order determine ;
(b) the recruitment, pay, allowances and all other conditions of service of the Police Force shall Le such as may from time to time be determined by the State Government by general or special order :
Provided that --
1[(i) the rules and orders governing the recruitment, pay, allowances and other conditions of service of the members of the Police Force constituted under any of the Acts mentioned in Part I or II of Schedule I and deemed to be the members of the Police Force under section 3, shall continue in fo
(1) For the direction and supervision of the 'Police Force, the State Government shall appoint an Inspector General of Police who shall exercise such powers and perform such functions and duties and shall have such responsibilities and such authority as may be provided by or under this Act or orders made by the StateGovernment.
(2) (a) The State Government may appoint an Additional Inspector General and one or more Deputy Inspector General of Police.
(b) The State Government may direct that any of the powers, functions, duties, and responsibilities and the authority of the Inspector General may be exercised, performed or discharged, as the case may be, by the Additional Inspector General or a Deputy InspectorGeneral.
(c) The State Government may also by a general or special order direct that
(a) The State Government may appoint a Police officer to be the Commissioner of Police for1 [any] area specified in a notification issued by the State Government in this behalf and published in the Official Gazette.
(b) The State Government may also appoint an Additional Commissioner of Police for the areas specified in clause (a).
(c) The Commissioner shall exercise such powers, perform such functions and duties and shall have such responsibilities and authority as are provided by or under this Act or as may otherwise be directed by the state Government by a general or special order :
Provided that the State Government may direct that any of the powers, functions, duties, responsibilities or authority exercisable or to be performed or discharged by the Commissioner shall be exercised, perform
(1) The State Government may appoint for each District or for a part of a District or for one or more Districts a Superintendent and one or more Additional Assistant and Deputy Superintendents of Police, as it may think expedient.
(2) The State Government may by a general or special order, empower an Additional Superintendent to exercise and perform in the district for which he is appointed or in any part there of, all or any of the powers, functions or duties to be exercised or performed by a District Superintendent under this Act or under any law for the time being in force.
(3) The District Superintendent may, with the previous permission of the State Government, delegate any of the powers and functions1 [conferred on him by or under this Act, except the powers to make, alter or rescinds rules or orders under section 33, to an Assista
1 [8A. Appointment of Superintendents for wireless System and Motor Transport System or for any specific duty
The State Government may appoint for the 2 [whole of the 3 [State of Gujarat] or for any part thereof one or more Superintendent of Police as it may think fit--
(1) for the Police Wireless System ;
(2) for the Police Motor Transport System; or
(3) for the performance of such specific duties as the State Government may from time to time determine in this behalf and the Superintendent so appointed shall exercise such powers and perform such functions as the State Government may from time to tune assign to him :
Provided that such powers and functions shall be exercised or performed subject to the c
9.1 [Appointment of Principals of Police Training Schools
The State Government may appoint any Police Officer not below the rank of a District Superintendent to be the2 [Principal of 3 [any] Police Training College or School] established by the State Government], and may assign to him such powers, functions and duties as it may think fit.
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1.This marginal note was substituted for the original by Bombay 34 of 1959 Section10(2).
2.These words were substituted for the words "Principal of any PoliceTraining School" by Guj. 16 of 1978, Section 3.
3.This word was substituted for the words "the Central Police Training School, Nasik or any other" by the Gujarat Adaptation of Laws (State an
(1) The State Government may appoint one or more Deputy Commissioners and one or more Assistant Commissioners of Polices1[***] in any area in which a Commissioner has been appointed under clause (a) of section 7.
(2) Every such Deputy or Assistant Commissioner shall, under the orders of the Commissioner exercise and perform any of the powers, functions and duties of the Commissioner to be exercised or performed by him under the provisions of this Act or any other law for the time being in force in accordance with the general or special orders of the State Government made in this behalf :
Provided that the powers to be exercised by the commissioners2[of making, altering or rescinding rules under section 33] shall not be exercisable by a Deputy or Assistant Commissioner.
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11. 1 [Superintendents within Jurisdiction of Commissioners
(1) The State Government may appoint 2 [for any area for which a Commissioner of Police has been appointed under section 7] such number of Superintendents of Police as it may think expedient.
(2) A Superintendent appointed under sub-section (1) shall exercise such powers and perform such duties and functions as can be exercised or performed under the provisions of this Act or any other law for the time being in force or as are assigned to him by the Commissioner under the general or special orders of the State Government :
Provided that the powers to be exercised by the Commissioner 3 [of making altering or rescinding rules under section 33] shall not be exercisable by the Superintendent.
(1) Subject to the control of the State Government, the Commissioner 1 [for any area] shall, if he thinks fit--
(a) constitute 2 [within the area under his charge], Police divisions,
(b) sub-divide the same into sections, and
(c) define the limits and extent of such divisions and sections.
(2) Each such division shall be in charge of a Superintendent of Police and each section shall be in charge of an Inspector of Police.
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1. These words were substituted for the words "for Greater Bombay" by Bombay 56 of 1959, Section 3, Schedule.
2. These words were substituted for the words "within the Great
1[12-A. Inspectors
In Subject to the general or special orders of the State Government the Commissioner for the area for which he is appointed and the Inspector-General for other areas shall appoint Inspectors.]
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1. Section 12-A was inserted by Bombay 28 of 1954, Section 2.
[Inspector General and Commissioner to exercise the powers of First Class Magistrate and Presidency" Magistrate.] Deleted by Bombay XXI of 1954. Second Schedule.
(1) Every Police Officer1 [* *] 2 [of the grade of Inspector or below], shall on appointment receive a certificate in form provided in Schedule II. The certificate shall be issued under the seal of such officer as the State Government may by general or special order direct.
(2) A certificate of appointment shall become null and void whenever the person named therein ceases to belong to the Police Force or shall remain inoperative during the period within which such person is suspended from such force.
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1.The words "of and" were deleted by Bombay 20 of 1953, Section 3.
2.These words were substituted for the words "below the grade of Inspector" by Bombay28 of 1954, Section 3.
The powers, functions and privileges vested in a police shall remain suspended whilst such Police officer is under suspension from office :
Provided that notwithstanding such suspension such person shall not cease to be a Police officer and shall continue to be subject to the control of the same authorities to which he would have, if he was not under suspension.
The Commissioner, subject to the orders of the Inspector-General, and District Superintendent, subject to the orders of the Inspector-General and the District Magistrate, shall within their respective spheres of authority direct and regulate all matters of arms, drill, exercise, observation of persons and events mutual relations, distribution of duties, study of laws, orders and modes of proceedings and all matters of executive detail or the fulfilment of their duties by the Police Force under him.
(1) The District Superintendent and the Police Force of a district shall be under the control of the District Magistrate.
(2) In exercising such control the District Magistrate shall be governed by such rules and orders as the State Government may make in this behalf 1 [*******].
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1. The words "and shall the subject to the lawful orders of the Revenue Commissioner" were deleted by Guj. 15 of 1964, Section 4 Schedule.
The District Magistrate may require from the District Superintendent reports, either particular or general, on any matter connected with the crimes, habitual offenders, the prevention of disorder, the regulation of assemblies and amusements, the distribution of the Police Force, the conduct and character of any Police officer subordinate to the District Superintendent, the utilization of auxiliary means and all other matters in furtherance of his control of the police Force and the maintenance of order.
If the District Magistrate observes any marked incompetence or unfitness for the locality or for his particular duties in any Police officer subordinate to the District Superintendent he may require the District Superintendent to Substitute another officer for any officer whom he has power to transfer and the District Superintendent shall to bound to comply with the requisition:
Provided that if the Police officer concerned is an officer1 [of a grade higher than that of an Inspector] the District Magistrate may report his conduct to the Inspector General. The Inspector-General may, thereafter, determine the action to be taken and pass such orders as he thinks fit, and shall communicate such action or order to the District Magistrate.
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1.These words were substituted for
The Inspector-General, throughout the1[State] and the Commissioner in the area for which he is appointed shall, subject to the orders of the State Government, have authority to investigate and regulate all matters of account connected with the Police in the1[State] or in the area, as the case may be, and all persons concerned shall be bound to give him reasonable aid and facilities in conducting such investigations and to conform to his orders consequent thereto.
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1. These words were substituted for the words "pre-Reorganisation State of Bombay excluding the transferred territories" by Bombay 34 of 1959, Section 11.
(1) The Commissioner, the District Superintendent, or any Magistrate 1 [****] specially empowered in this behalf by the State Government, may, at any time by a written order signed by himself and sealed with his own seal appoint any able-bodied male person between the ages of 18 and 50, whom he considers fit to be a special Police Officer to assist the Police Force on any occasion, when he has reason to apprehend the occurrence of any riot or grave disturbance of the peace within the limits of his charge and he is of opinion that the ordinary Police Force is not sufficient for the protection of the inhabitants and for the security of property.
(2) Every special Police officer so appointed shall on appointment--
(a) receive a certificate in a form approved by the State Government in this behalf,
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(1) Additional Police officers of such rank or grade for such time and on such pay as the authority specified by or under the provisions of this Act in that behalf may determine, may be employed or deputed for the purpose stated in such provisions.
(2) Every additional Police officer appointed shall on appointment--
(a) receive a certificate in a form approved by the State Government in this behalf,
(b) be vested with all or such of the powers, privileges and duties of a Police officer as are specially mentioned in the certificate, and
(c) be subject to the orders of the Commissioner or the District Superintendent as the case may be.
(3) The employment or deputation of such additional Police officer may b
1 [22-A.Appointment of Railway Police
(1) The State Government may, by notification in the Official Gazette create one or more special police district embracing and such railway areas in the State as it may specify, and appoint a Superintendent of Police and such other Police officers for each such special districts as it may think fit.
(2) Subject to the control of the Inspector General, such police officers shall discharge police functions connected with the administration of railways situated within their respective charges, and such other functions as the State Government may from time to time assign to them.
(3) Any member of the said Police Force whom the State Government shall generally or specially empower to act under this sub-section may, subject to any orders which that Government m
Subject to the orders of the State Government the Commissioner in the case of the Police Force allocated to1[***] areas for which he has been appointed and the Inspector-General in the case of the Police Force allocated to other areas may make rules or orders not inconsistent with this Act or with any other enactment for the time being in force--
(a) regulating the inspection of the Police Force by his subordinates ;
(b) determining the description and quantity of arms, accountrements, clothing and other necessaries to be furnished to the Police ;
(c) prescribing the places of residence of member's of the Police Force ;
(d) for institution, management and regulation of any Police fund for any purpose connected with police administration ;
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(1) The Inspector-General may, subject to the rules find orders of the State Government, call for such returns, reports and statements on subject connected with the suppression of crime, the maintenance of order and the performance of their duties as his subordinates may be able to furnish 1o him. The Inspector- General shall communicate to the District Magistrate 1 [*****] any general orders issued by him for the purposes aforesaid or in consequence of the information furnished to him, and also any orders which the State Government may direct.
(2) The Commissioner may subject to as aforesaid with reference to the area under his charge call for such reports, returns and statements as are provided for in sub-section (1).
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1. The words "and the Revenue Commissioner" were
(1) The State Government or any officer authorised by sub-section (2) in that behalf may suspend, reduce, dismiss or remove 1 [ an Inspector or] any member of the subordinate ranks of the Police Force whom he shall think cruel, perverse, remiss or negligent in the discharge of his duty or unfit for the same, and may fine to an amount not exceeding one month's pay, any member of the subordinate ranks of the Police Force, who is guilty of any breach of discipline or misconduct or any act rendering him unfit for the discharge of his duty which does not require his suspension or dismissal.
(2) (a) The Inspector-General the Commissioner and the Deputy Inspector-General shall have authority to punish 2 [an Inspector or] any member of the subordinate ranks under sub section (1). A District Superintendent shall have the like authority in respect of any Police officer subordinate to him bel
When any officer passes an order for fining, suspending, reducing, removing or dismissing a Police officer, he shall record such order or cause the same to be recorded, together with the reasons therefor and a note of the inquiry made in writing, under his signature:
Provided that1[no order for reducing, removing or dismissing a Police officer] shall be passed without giving him a reasonable opportunity of showing cause against the action proposed to be taken against him except in cases referred to in the proviso (a) to clause (2) of Article 311 of the Constitution.
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1. These words were substituted for the Words "no such order" by Bombay 57 of 1954, Section 4.
An appeal against any order passed against a Police officer under section 25 or the rules or orders thereunder shall be to the State Government itself or to such officer as the State Government may by general or special order specify.1[Such appeal shall be filed within a period of sixty days from the date of the order appealed against.]
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1. These words were added by Gujarat 16 of 1978, Section 5.
1[27A. Revisional powers of State Government, Inspector General and Deputy Inspector General
The State Government, the Inspector General or a Deputy Inspector General may, suo motu or on an application made to him within the prescribed period in this behalf, call for and examine the record of any inquiry or proceeding of any subordinate police officer under this Chapter, for the purpose of satisfying itself or himself, as the case may be, as to the legality or propriety of any decision or order passed by, and as to the regularity of the proceeding of such officer, and may, at any time, --
(a) confirm, modify or reverse any such order,
(b) impose any penalty or set aside, reduce, confirm or enhance the penalty imposed by such order,
(c) direct that f
(1) Every Police officer not on leave or under suspension shall for all purposes of this Act be deemed to be always on duty, and any Police officer or any number or body of Police officers allocated for duty in one part of the State may, if the State Government or the Inspector-General so directs, at any time, be employed on Police duty in any other part of the State for so long as the services of the same may be there required.
Intimation of proposed transfers to be given by the Inspector General to the Commissioner and District Magistrate.
(2) Timely intimation shall, except in cases of extreme urgency, be given to1[*****] the District Magistrate by the Inspector General of any proposed transfer under this section, and except, where secrecy is necessary the reasons for the transfer shall be explained; whereupon the officers aforesaid a
1 [(1) No Police officer 2 [of the grade of Inspector or] of the subordinate ranks shall resign his office or withdraw himself from the duties thereof except with the written permission of the Commissioner or the Deputy Inspector-General Criminal Investigation Department or of the Principal of 3 [4 [a Police Training College or School],] or of the District Superintendent or of some other Police officer empowered by the Inspector-General or the Commissioner to grant such permission:
Provided that subject to the provisions of sub-section (2), no such permission shall be granted to any such Police officer until he has fully discharged any debt due by him as such Police officer to Government or to any Police fund].
(2) If any such Police officer produces a certificate signed by the Police Surgeon or the Civil Surgeon declaring him to be unfi
(1) Every person who for any reason ceases to be a Police officer shall forthwith deliver up to some officer empowered by the Commissioner or the Deputy Inspector-General, Criminal Investigation Department, or the Principal of 1 [2 [the Police Training College or School] or the District Superintendent to whom such Police officer is subordinate to receive the same, his certificate of appointment or of office and the arms, accoutrements, clothing and other necessaries which have been furnished to him for the performance of duties and functions connected with his office.
If not delivered up may be sized under a seasrch warrant.
(2) Any Magistrate and, for special reasons which shall be recorded in writing at the time, the Commissioner or the Deputy Inspector-General, Criminal Investigation Department, or the Principal of 3 [the Police Train
(1) Any Police officer occupying any premises provided by the State Government for his residence--
(a) shall occupy the same subject to such conditions and terms as may generally or in special cases, be specified by the State Government, and
(b) shall notwithstanding anything contained in any law for the time being in force, vacate the same on his ceasing to be a Police officer or whenever the State Government or any officer authorised by the State Government in this behalf thinks it necessary and expedient to require him to do so. (2) If any person who is bound or required under sub-section (1) to vacate any premises fails to do so, the State Government or the officer authorised in this behalf by the State Government may order such person to vacate the premises and may direct any Police officer with such assistance as may be necessary t
1[32. State Government may make order undersection 14 of Act V of 1898
The State Government, whenever it shall seem necessary may by notification in the Official Gazette make an order to such effect as any order if made by a Magistrate under section 144 of the Code of Criminal Procedure, 1898 (V of 1898), could be continued in force by the State Government under the said Code.]
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1. This section was substituted for the original by Bombay 34 of 1959, Section 16.
(1) 1 [The Commissioner, with respect to all or any of the following matters specified in this sub-section and the District Magistrate, with respect to all or any of the said matters except the matters referred to in sub-section (1AA), may make, alter or rescind rules or orders not inconsistent with this Act, in areas under their respective charges or any part thereof namely:--]
(a) licensing and controlling persons offering themselves for employment at quays, wharves and landing places, and outside Railway stations for the carriage of passengers baggages and fixing and providing for the enforcement of a scale of charges for the labour of such person so employed;
2 [(aa) licensing and controlling persons offering themselves for employment at hills, mountains or such other places for carrying pilgrims, tourists or other passengers and the
The Commissioner and the District Superintendent in areas under their respective charges may, whenever in his opinion such action is necessary, authorise such Police Officer as he thinks fit to erect barriers on any for the purpose of stopping temporarily vehicles driven or such street and 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 of or the person in charge of such vehicle. The said authority may also make such orders as it deems fit for regulating the use of such barriers.
(1) A competent authority may, from time to time, make rules prohibiting the disposal of the dead, whether by cremation, burial or otherwise at places other than those set apart for such purpose:
Provided that no such rules shall be made in respect of any such town or place in which places have not been so set apart:
Provided further that the competent authority or any officer authorised by it in this behalf may, in its or his discretion on an application made to it or him by any person, grant to such person permission to dispose of the corpse of any deceased person at any place other than a place so set apart, if in its or his opinion such disposal is not likely to cause obstruction to traffic or disturbance of the public peace or is not objectionable for any other reasons.
(2) Any rules made
In areas under their respective charges the Commissioner, and subject to his orders every Police officer not inferior in rank to an Inspector, and the District Superintendent and subject to his orders any Police Officer of not lower than such rank as may be specified by the State Government in that behalf, may, from time to time as occasion may arise, but not so as to contravene any rule or order under section 33 give all such orders either orally or in writing as may be necessary to--
(a) direct the conduct of, and behaviour or action of persons constituting processions or assemblies on or along the streets;
(b) prescribe the routes by which and the times at which any such processions may or may not pass;
(c) prevent obstructions on the occasion of all processions and assemblies and in the ne
The Commissioner and the District Magistrate in areas under their respective charges may, whenever and for such time as he shall consider necessary for the preservation of public peace or public safety by a notification publicly promulgated or addressed to individuals, prohibit at any town, village or place or in the vicinity of any such town, village or place--
(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 of explosives,
(c) the carrying collection and preparation of stones or other missiles or instruments or means of a casting or impelling missiles,
1[(cc) the carrying of
(1) If the Commissioner or District Superintendent is satisfied from the report of an officer in charge of a police station or other information received by him that it is necessary to do so in order to prevent annoyance, disturbance discomfort or injury or risk of annoyance, disturbance, discomfort or injury to the public or to any persons who dwell or occupy property in the vicinity, he may, by a written order issue such directions as he may consider necessary to any person for preventing, prohibiting, controlling or regulating--
(a) the incidence or continuance in or upon any premises of--
(i) any vocal or instrumental music,
(ii) sounds caused by the playing, beating, clashing, blowing or use in any manner whatsoever of any instrument, appliance or apparatus or contrivance which is capable
(1) In order to prevent or suppress any riot or grave disturbance of peace, the Commissioner and the District Superintendent, in areas under their respective charges, may temporarily close or take possession of any building or place, and may exclude all or any persons therefrom, or may allow access hereto to such persons only and on such terms as he shall deem expedient. All persons concerned shall be bound to conduct themselves in accordance with such orders as the authority making orders may make and notify in exercise of the authority hereby vested in it.
Compensation to lawful occupier of building or place closed or taken possession of.
(2) If the lawful occupier of such building or place suffers substantial loss or injury by reason of the action taken under sub-section (1) he shall be entitled, on application made the authority conc
(1) In any case of an actual or intended religious or ceremonial or corporate display or exhibition or organised assemblage in any street or public place, as to which or the conduct of or participation in which it shall appear to a competent authority that a dispute or contention exists which is likely to lead to grave disturbance of the peace, such authority may give such orders as to the conduct of the persons concerned towards each other and towards the public as it shall deem necessary and reasonable under the circumstances, regard being had to the apparent, legal rights and to any established practice of the parties and of the persons interested. Every such order shall be published in the town or place wherein it is to operate, and all persons concerned shall be bound to conform to the same.
(2) Any order under sub-section (1) shall be subject to a decree, injunction or order
(1) For the purpose of preventing serious disorder or breach of the law or manifest and imminent danger to the persons assembled at any public place of amusement or at an assembly or meeting to which the public are invited of which is open to the public the senior Police Officer of highest rank or to that of constable, present at such place of amusement or such assembly or meeting may, subject to such, rules and orders as may have been lawfully made, give such reasonable directions as to the mode of admission of the public to and for securing the peaceful and lawful conduct of the proceeding and the maintenance of the public safety at such place of amusement for such assembly or meeting, as he thinks necessary and all persons shall be bound to conform every such reasonable direction.
Police to have free access thereteo
(2) The Police sha
[Discontinuance of brothels.] Deleted by Gujarat 16 of 1978, Section 10.
(1) Whenever it shall appear to the Commissioner or District Magistrate that any place in the areas under their respective charges, at which on account of a pilgrimage fair or other such Occurrence large bodies of persons have assembled or are likely to assemble is visited or will probably be visited with an out break of any epidemic disease, ho may take such special measures and may by public notice prescribe such regulations to be observed by the residents of the said place and by persons present thereat or repairing thereto or returning therefrom as he shall deem necessary to prevent the outbreak of such disease or the pread thereof.
(2) It shall be lawful for the District Magistrate or for the Collector1[***] on the requisition of the Commissioner or the District Magistrate to assess and levy such reasonable fees on persons falling under the provisions of sub-section (1) as wil
(1) The Commissioner and the District Superintendent in areas under their respective charges, may from time to time, by public notice, proclaim that any stray dogs found, during such 'period as may be specified in the said notice, wandering in the streets or in any public place may be destroyed, and any dog so found within such period may be destroyed accordingly.
(2) The authority empowered under sub-section (1) may by public notice require that every dog, while in any street or public place and not led by some person, shall be muzzled in ouch a manner as effectually to prevent it from biting, while not obstructing its breathing or drinking and the Police may, so long as such notice remains if force, destroy or take possession of and detain any dog found loose without muzzle in any street or place beyond the premises of the owner thereof:
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(1) Any Police officer who in any street or public place other than a place of worship finds any animal other than a bull or a cow so diseased or so severely injured, and in such a physical condition that in his opinion it cannot without cruelty be removed shall if the owner is absent or refuses to consent to the destruction of the animal, at once summon the Veterinary Practitioner in charge of the area in which the animal is found and if the Veterinary Practitioner certifies that the animal is mortally injured or so severely injured or so diseased or in such a physical condition, that it is cruel to keep it alive the Police Officer may without the consent of the owner destroy the animal or cause it to be destroyed:
Provided that if in the opinion of the Veterinary Practitioner the animal can be removed from the place where it is found without causing it great suffering, and, if th
Every power conferred by this Chapter on a District Superintendent not specially empowered by the State Government to exercise that power or on any officer subordinate to him shall be exercised by him subject to the orders of the District Magistrate and all rules, regulations and orders made under this Chapter shall, if made by the Commissioner, be governed by such rules and orders as the State Government may from time to time make in this behalf and, if made by the District Magistrate or the District Superintendent specially empowered in that behalf, shall be subject to the provisions of section 17.
(1) The Commissioner or District Superintendent may, on the application of any person, depute any additional number of Police to keep the peace to preserve order or to enforce any of the provisions of this or any other Act in respect of any particular class or classes of offences or to perform any other Police duties at any place in the area under his charge.
(2) Such additional Police shall be employed at the cost of the person making the application, but shall be subject to the orders of the Police authorities and shall be employed for such period as the appointing authority thinks fit.
(3) If the person upon whose application such additional Police are employed shall at any time make a written requisition to the appointing authority to which the application for the employment of additional Police was made for the withdrawal of the sai
(1) Whenever it appears to the State Government or a competent authority that--
(a) any large work which is being carried on or any public amusement which is being conducted is likely to impede the traffic or to attract a large number of people, or
(b) that the behaviour or a reasonable apprehension of the behaviour of the persons employed on any railway, canal or other public work or in or upon any manufactory or other commercial concern under construction or in operation at any place necessitates the employment of additional Police at such place, the State Government or the competent authority may depute such additional Police to the said place as it shall think fit and keep the said Police employed at such place for so long as such necessity shall appear to it to continue.
(2) Such addition
In case of any dispute under section 47 or 48 the decision of1[*** * ***] the District Magistrate,2[**] shall be conclusive as to the amount to be paid and as to the person by whom it is to be paid and the sum, so ascertained may, on the requisition of3[***] the District Magistrate, be recovered by the Collector as if it were an arrear of land revenue due by the person found to be answerable therefor.
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1. The words "the Chief Presidency Magistrate, in Greater Bombay, and" were deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
2. The words "in the district", were deleted, the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
3. The Words "the Chief Presidency Magistrat
(1) If in the opinion of the State Government any area is in a disturbed or dangerous condition or in which the conduct of the inhabitants or of any particular section of the inhabitants renders it expedient temporarily to employ additional Police, it may by notification in the Official Gazette specify--
(a) the area (hereinafter called "the disturbance area") in which the additional Police is to be employed.
(b) the period for which the additional Police is to be employed:
Provided that the period fixed under clause (b) may be extended by the State Government from time to time, if in its opinion it is necessary to do so in the general interest of the public. The cost of the additional Police shall be a tax imposed under this section and shall be recovered in the manner prescribed in the succe
(1) When any loss or damage is caused to any property or when death results or grievous hurt is caused to any person or persons, by anything done in the prosecution of the common object of an unlawful assembly, the State Government may, by notification in the Official Gazette, specify --
(a) the area, (hereinafter called "the disturbance area" ), in which in its opinion such unlawful assembly was held;
(b) the date on which or the period during which such unlawful assembly was held.
(2) The decision of the State Government under clauses (a) and (b) of sub-section (1) shall be final.
(3) On the issue of a notification under sub-section (1), 1 [********] and the District Magistrate, 2 [****] 3 [with the previous sanction of the 4 [State Government] ma
Legal Comments
Section Title - Gujarat Police Act, 1951 - Section 51 - [Source: "SAHDEVSINH J. GOHIL VS R. C. DIMRI"]
Core Purpose - Section 51 governs externment (externment/removal from district or adjoining districts) to maintain public order; it empowers externing authorities to remove a person from specified areas for a period. [SAHDEVSINH J. GOHIL VS R. C. DIMRI]
Essential Ingredient - Show-cause/notice under Section 56(B) or 59 with grounds that the person is a dangerous person or a threat to public order; decision must be anchored in material indicating danger to public order. [SAHDEVSINH J. GOHIL VS R. C. DIMRI], [RAFIK AHEMAD PALIVALA VS STATE OF GUJARAT], [Nana @ Raju Totaram Dusane (Sonara) VS State of Gujarat]
Authority and Jurisdiction - Externment orders under 56(B)/59 are issued by externing authorities (e.g., Deputy Commissioner of Police or Police Commissioner) within Gujarat; orders may extern beyond the district to contiguous districts if justified by circumstances. [SAHDEVSINH J. GOHIL VS R. C. DIMRI], [RAFIK AHEMAD PALIVALA VS STATE OF GUJARAT], [Nana @ Raju Totaram Dusane (Sonara) VS State of Gujarat]
Due Process - Show-cause notice must be meaningful, specifying particulars; defective notices render externment orders vulnerable to challenge and may be quashed. [RAKESHBHAI SURESHBHAI MACHHI VS STATE OF GUJARAT-NOTICE MAY BE SERVED THROUGH THE SECRETARY], [ISMAIL AHMED KALA @ FEKARA VO. PATEL VS STATE OF GUJARAT], [Nana @ Raju Totaram Dusane (Sonara) VS State of Gujarat]
Proportionality/Reasonableness - Externment must be proportionate to the risk to public order; mere proximity of area is insufficient; risk factors must exist in extended area as well. [Umesh Bhagwan Patil VS Deputy Commissioner]
Scope of Section 51 (Relation with 56/59) - Section 51 provides the framework for externment in the context of public order; cross-references to 56/59 clarify procedural steps for externment actions. [SAHDEVSINH J. GOHIL VS R. C. DIMRI], [RAFIK AHEMAD PALIVALA VS STATE OF GUJARAT]
Contiguity Principle - Externment can extend to contiguous districts when the order demonstrates necessity to prevent threats to public order; show-cause order must indicate such necessity. [SAHDEVSINH J. GOHIL VS R. C. DIMRI], [RAFIK AHEMAD PALIVALA VS STATE OF GUJARAT]
Penalty/Punishment - Externment is an administrative restraint; not a criminal punishment but restrictive order affecting movement; breach may attract further legal consequences or contempt if defied. (General principle reflected in externment jurisprudence) [STATE OF GUJARAT VS LUHAR MITHU @ HARUN ISMAIL], [Govindbhai Hirabhai Parmar VS State Of Gujarat]
Remedies/Judicial Review - Orders are subject to writ petitions under Article 226/227; Courts scrutinize the sufficiency of material, notice validity, and whether the externing authority applied mind. [RAFIK AHEMAD PALIVALA VS STATE OF GUJARAT], [Nana @ Raju Totaram Dusane (Sonara) VS State of Gujarat], [Govindbhai Hirabhai Parmar VS State Of Gujarat]
Notable Trend - Gujarat High Court consistently emphasizes the necessity of proper reasoning, range of districts covered, and factual basis for externment; invalid notices or overbroad orders are quashed. [RAKESHBHAI SURESHBHAI MACHHI VS STATE OF GUJARAT-NOTICE MAY BE SERVED THROUGH THE SECRETARY], [RAFIK AHEMAD PALIVALA VS STATE OF GUJARAT], [Manorama VS State of Maharashtra]
Contested Issue - In cases where externment orders relied on past incidents, Courts require a current risk assessment and contemporaneous material; stale incidents may not suffice. [Ajimkhan VS State of Gujarat]
Contested Issue - Interplay with Section 59 (the ground for externment) requires explicit indication that the person’s behavior threatens public order within the externed area; mere criminal history may be insufficient. [Nana @ Raju Totaram Dusane (Sonara) VS State of Gujarat], [Ajimkhan VS State of Gujarat]
Recruitment/Eligibility Context - Several related cases discuss recruitment rules, promotions, or rules under Gujarat Police Act; while not the focus of Section 51, these decisions illustrate how Gujarat courts treat police discipline and service rules in analogous contexts. [Ajra Himmatkumar Naranbhai VS State of Gujarat], [Mohsin Inayat Dipoti Through Uncle Hanif Abdulla Dipoti VS State of Gujarat], [Pragneshkumar Jayantibhai Patel VS State Of Gujarat]
External Reference - Externment under Bombay Police Act provisions adopted or applied in Gujarat context; decisions explain how earlier Bombay Act provisions inform modern externment practice in Gujarat. [State Of Gujarat VS Mehbubkhan Usmankhan Ahmed Noormohamad], [Umesh Bhagwan Patil VS Deputy Commissioner]
Procedural Safeguard - Courts require that externment orders contain clear justification and that the grounds match the cited statutory criteria (dangerous person/public order threat). [BHAILALBHAI MAGANBHAI MALI VS STATE OF GUJARAT], [ASWINBHAI PRABHUBHAI VASAVA VS STATE OF GUJARAT]
Contested Ground - In some judgments, if the externing authority relies on confidential or in-camera statements, sufficient procedural safeguards and opportunity to explain must be ensured; failure may invalidate the order. [Shivaji Shikshan Sanstha VS Rajiv], [CRICKET CLUB OF INDIA LTD. , MUMBAI VS STATE OF MAHARASHTRA]
Contested Ground - In decisions involving 59(1) externment notices, deficiencies in notice content or failure to connect grounds to public order can cause quashing of show-cause notices. [RAFIK AHEMAD PALIVALA VS STATE OF GUJARAT], [STATE OF GUJARAT VS LUHAR MITHU @ HARUN ISMAIL]
Interpretation Note - Article-level constitutional provisions (Articles 14, 21, 22) intersect with police externment when constitutional rights are implicated; courts strike balance between liberty and public order. [STATE OF GUJARAT VS HADAMATSINH NAHARSINH SISODIYA], [SWATI RAJIV GOSWAMI VS COMMISSIONER OF POLICE, AHMEDABAD]
Practical Effect - When externment is quashed, the person may be restored to normal rights; authorities may need to issue updated, compliant notices if they pursue further action. [BHAILALBHAI MAGANBHAI MALI VS STATE OF GUJARAT], [ASWINBHAI PRABHUBHAI VASAVA VS STATE OF GUJARAT]
Related Case Highlight - In some matters, externment orders under 56(B) or 59 have been upheld where grounds were properly connected to public order and properly reasoned; in other matters, similar orders were quashed for lack of proper substantiation. [Nana @ Raju Totaram Dusane (Sonara) VS State of Gujarat], [Bharatsinh Himmatsinh Champavat VS State of Gujarat]
Transfer/Disciplinary Context - The Gujarat Police Act interacts with transfer and disciplinary provisions; while not Section 51 directly, these decisions underscore the disciplined force framework in which externment powers operate. [STATE OF GUJARAT VS HADAMATSINH NAHARSINH SISODIYA], [A. C. BAROT VS DISTRICT SUPERINTENDENT OF POLICE PANCHMAHALS]
Public Access to Rules - Recent RTI-related ruling mandates publishing rules and orders framed under Section 33 of Gujarat Police Act; transparency in rules governing externment processes is publicly mandated. [SWATI RAJIV GOSWAMI VS COMMISSIONER OF POLICE, AHMEDABAD]
Practitioner Tip - For challenging externment, focus on (i) validity of the show-cause notice; (ii) sufficiency and relevance of material; (iii) whether grounds align with public order threats in the externed area; (iv) whether the order is proportionate and within jurisdiction. [RAFIK AHEMAD PALIVALA VS STATE OF GUJARAT], [Nana @ Raju Totaram Dusane (Sonara) VS State of Gujarat], [Manorama VS State of Maharashtra]
Citation Primer - For background on externment under Gujarat Police Act 1951, see leading Gujarat High Court decisions cited above addressing Section 56, 59 and Section 51 interactions. [SAHDEVSINH J. GOHIL VS R. C. DIMRI], [RAFIK AHEMAD PALIVALA VS STATE OF GUJARAT], [Nana @ Raju Totaram Dusane (Sonara) VS State of Gujarat]
52.1[ ***] District Magistrate to award or apportion compensation
(1) It shall be lawful for2[the District Magistrate]3[with the previous sanction of the4[State Government]] to award or apportion all or any moneys recovered as compensation amount under sub-sections (SIC) to (8) of section 51 to any person or among all or any persons whom he considers entitled to compensation in respect of the loss or damage or death or grievous hurt aforesaid.
(2) No compensation shall be awarded under this section except upon a claim made within 45 days from the date of the notification issued by the State Government under sub-section (1) of section 51 and unless2[the District Magistrate], is satisfied that the person claiming compensation or where such claim is made in respect of the death of any person, that that person also has himself been free, fro
53.1[ ****] District Magistrate to discharge functions under order of State Government
The District Magistrate shall discharge his functions under sections 51 and 52 subject to any general or special orders of the State Government in this behalf.
________________________
1. The words "The Chief Presidency Magistrate or", were omitted, the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.
54. Proportionate recovery of the cost of additional Police and compensation for loss caused by unlawful assembly
(1) Notwithstanding anything contained in the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947,(Bombay LVII of 1947),1[or any law corresponding thereto in force in any area of the2[State of Gujarat], where under the provisions of section 50 or 51 the Municipal Commissioner, the Municipality or the Collector, as the case may be, is required to recover the cost of the additional police including the additional sum referred to in sub-section (3) of section 50 (hereinafter called "the additional cost") or the compensation amount and the municipal recovery cost (hereinafter called "the riot tax") by an addition to the general or property tax, the landlord from whom any portion of the additional cost or the riot tax is recovered, in respect of any premises shall
Whenever it shall appear in 1 [***] areas in which a Commissioner is appointed under section 7 to the Commissioner and in a district to the District Magistrate, the Sub-Divisional Magistrate or the District Superintendent specially empowered by the State Government in that behalf, that the movement or encampment of any gang or body of persons in the area in his charge is causing or is calculated to cause danger or alarm or reasonable suspicion that unlawful designs are entertained by such gang or body or by members thereof, such officer may, by notification addressed to the persons appearing to be the leaders or chief men of such gang or body and published by beat of drum or otherwise as such officer thinks fit, direct the members of such gang or body so to conduct themselves as shall seem necessary in order to prevent violence and alarm, or disperse and each of them to remove himself outside the area within the local limits
Whenever it shall appear in1[***] areas for which a Commissioner has been appointed under section 7 to the Commissioner and in other area or areas to which State Government may, by notification in the Official Gazette extend the provisions of this section, to the District Magistrate, or the Sub-Divisional Magistrate2[**] empowered by the State Government in that behalf (a) that the movements or acts of any person are causing or 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, XVI or XVII of the Indian Penal Code, (XLV OF 1860), or in the abetment o any such offence, and when in the opinion of such officer witnesses are not willing to come forward to give evidence in public against such person by reaso
Legal Comments
Section context - Gujarat Police Act, 1951 Section 56 empowers externment from local limits to another district or contiguous districts; Section 59 requires show-cause notice and informs general material allegations; Section 60 provides appellate review. [RAFIK @ TAMETO SATTARBHAI CHAUHAN PATNI VS STATE OF GUJARAT] [Aslam Ajij Shaikh VS State of Gujarat]
Externment purpose - Externment is an extraordinary preventive measure aimed at public order and safety, not punitive; relied upon subjective satisfaction of the externing authority, with safeguards of notice and opportunity. [00400064674] [KASAM @ BATAT ISMAILBHAI PATEL (TURAK) VS STATE OF GUJARAT - NOTICE TO BE SERVED THROUGH THE SECRETARY]
Power to extern beyond district - Externing authority under 56(B) can extern a person from his district and contiguous districts if circumstances justify; show-cause must indicate why contiguous districts are affected. [Pravin @ Paliya Premjibhai Baraiya VS State of Gujarat] [RAFIK @ TAMETO SATTARBHAI CHAUHAN PATNI VS STATE OF GUJARAT]
Application of mind requirement - Courts consistently require the externing authority to demonstrate application of mind with material before it; mere vague or extraneous grounds render orders vulnerable. [Nadeem Hanif Khan @ Nadeem Chada VS Dy. Commissioner of Police, Zone-VIII] [Amit Arjun Phale VS Dy. Commissioner of Police, Zone IV]
Ground categories - Clause (a) concerns alarm, danger or harm to public; Clause (b) concerns offences involving force/violence; evidence of witnesses not willing to depose must be part of the materials. [State of Gujarat VS Luhar Mithu @ Harun Ismail] [Kishore Baliram Balu VS Dy Comr of Police, Zone-I]
Notice content – The show-cause under Section 59 must convey the general nature of material allegations; not every specific detail is required, but vague or incomplete notices render externment invalid. [013000274 Caldwell (Mehbub Khan line) - Mehbub Khan v. State of Gujarat, cited in Mehbub Khan lineage] [Nasir Ahmed Noorahmed Shuikh VS P. M. Raichaudhari]
Hearing and natural justice - While externment involves restricted process, the Supreme Court and Gujarat High Court emphasize audi alteram partem to the extent possible; but full adversarial trial is not required given the preventive aim. [Suraj S/o Balbhim Shelke VS State of Maharashtra, Through Principal Secretary, Home Department, Mantralaya, Mumbai] [Nana @ Raju Totaram Dusane (Sonara) VS State of Gujarat]
Area and nexus adequacy - Externment must be targeted to area where activities occur; excessive externment without nexus to alleged activities constitutes illegality. [Satish Sagun Korgaonkar VS State of Maharashtra] [Akram Ajij Shaikh VS State of Maharashtra]
Time and urgency - Delays in passing externment orders may be cited; however, delay must be explained or justified; undue delay could vitiate the order. [01300027412] [KASAM @ BATAT ISMAILBHAI PATEL (TURAK) VS STATE OF GUJARAT - NOTICE TO BE SERVED THROUGH THE SECRETARY]
Compliance with amendments - Post-amendment deletions (e.g., removal of the word "specially" from Section 56) expanded Delegation to Sub-Divisional Magistrates; validating retroactive effects discussed in amendments. [Afjalkhan Sulemankhan Pathan VS State of Maharashtra and another] [State of Gujarat VS Luhar Mithu @ Harun Ismail]
Separate Acts interplay - Gujarat externment framework parallels Bombay/Maharashtra regimes; decisions often cite those precedents for admissibility of evidence, notice sufficiency, and the nature of Externment as administrative rather than quasi-judicial. [Balu Shivling Dombe VS Divisional Magistrate, Pandharpur] [Nana @ Raju Totaram Dusane (Sonara) VS State of Gujarat]
Contiguity and jurisdictional reach - Several decisions hold that externing authority may extern across contiguous districts if circumstances in the order justify the reach; notices must reflect rationale for such cross-district externment. [Aslam Ajij Shaikh VS State of Gujarat] [AKSHAY @ AKKI VIJAYBHAI JADAV VS STATE OF GUJARAT]
Handling of multiple districts - Orders extending externment to multiple districts require explicit showing of necessity for each district; mere blanket extension can be struck down for lack of connection to grounds. [Sudhakar s/o. Mahadeorao Khelkar VS State of Maharashtra] [AKSHAY @ AKKI VIJAYBHAI JADAV VS STATE OF GUJARAT]
Validation of authority under amendments - Gujarat amendment to Bombay Police Act and subsequent validation provisions address retrospective validity of orders by empowered officers; court examines whether authority properly empowered. [Afjalkhan Sulemankhan Pathan VS State of Maharashtra and another] [Imran Abdul Wahid Hasmi VS Dy. Commissioner of Police]
In-camera witness statements - Courts require that externing authority show satisfaction regarding witnesses not willing to depose; in-camera statements must be properly relied upon with disclosure limitations acknowledged. [Kishore Baliram Balu VS Dy Comr of Police, Zone-I] [Gulammahomad Noormahomad Qureshi VS State of Gujarat]
Order format defects - Orders containing blank months/years or missing period indications are illegal; precise temporal specification is part of valid externment. [Nadeem Hanif Khan @ Nadeem Chada VS Dy. Commissioner of Police, Zone-VIII]
Sufficiency vs. sufficiency of material - Courts distinguish between lack of material and mere possibility of alternative views; interference occurs where there is no material or relevant material not considered. [KASAM @ BATAT ISMAILBHAI PATEL (TURAK) VS STATE OF GUJARAT - NOTICE TO BE SERVED THROUGH THE SECRETARY] [State of Gujarat VS Luhar Mithu @ Harun Ismail]
Appellate review stance - State Government's Section 60 appeals are treated variably as quasi-judicial or administrative; Gujarat Full Bench and High Court jurisprudence discusses when such orders constitute proper appellate review. [Suraj S/o Balbhim Shelke VS State of Maharashtra, Through Principal Secretary, Home Department, Mantralaya, Mumbai] [Imran Abdul Wahid Hasmi VS Dy. Commissioner of Police]
Grounds for quashing - Consistently, externment orders are quashed for (i) non-application of mind, (ii) lack of nexus to area/activity, (iii) vagueness or misstatement in notice, (iv) improper cross-district externment without justification, (v) delays without explanation. [Amit Arjun Phale VS Dy. Commissioner of Police, Zone IV] [SAIYED SHABBIR MUNIR SASIYED VS STATE OF GUJARAT]
Gender-specific stay - In some Gujarat cases, externment orders against women have been stayed or suspended pending further orders, reflecting equity concerns; courts caution on applying externment where safety of dependents or livelihood concerns are at stake. [Hashumatiben Wd/o Shravanbhai Amjibhai Makwana VS State of Gujarat]
Constitutional framing – Articles 14, 21, and 226 challenges emphasize the right to movement and liberty; externment is a qualified restriction subject to reasoned satisfaction and procedural safeguards. [ABDUL AHAD HAFIZ SHAIKH VS STATE OF GUJARAT] [Nana @ Raju Totaram Dusane (Sonara) VS State of Gujarat]
Practical guidance for practitioners - When challenging externment:
Assess whether the appropriate sections (56(a) vs 56(b)) were properly invoked in relation to the asserted grounds. [ABDUL AHAD HAFIZ SHAIKH VS STATE OF GUJARAT] [Balu Shivling Dombe VS Divisional Magistrate, Pandharpur]
Notable adverse precedent - Nawab Khan v. State of Gujarat and Pandharinath Rangnekar line illustrate the high court and Supreme Court orientation toward ensuring hearing and general nature of material allegations, while acknowledging the preventive character and limited disclosure of evidence. [State of Gujarat VS Luhar Mithu @ Harun Ismail] [Aniuddin Shamsuddin Solanki VS Superintendent of Police, Yavatmal, District Yavatmal]
Final synthesis - Section 56 is an extraordinary instrument balancing individual liberty and public order; its validity hinges on a demonstrable material basis and proper notice, with a cautious, narrowly tailored externment that withstands judicial scrutiny. [RAFIK @ TAMETO SATTARBHAI CHAUHAN PATNI VS STATE OF GUJARAT] [Akram Ajij Shaikh VS State of Maharashtra]
If a person, has been convicted--
(a) of an offence under Chapter XII, XVI or XVII of the Indian Penal Code, (XLV of 1860) or
1 [(b) twice, of an offence--
(i) under section 9 of the Bombay Beggars Act, 1945, (Bombay XXIII of 1945), or under the Bombay Prevention of Prostitution Act 1923, (Bombay XI of 1923), or the Saurashtra Prevention of Prostitution Act, 1952, (Sau. VIII of 1952), the Hyderabad Suppression of Immoral Traffic Act, 1952, (Hyd. XLIX of 1952), the Madhya Pradesh Suppression of Immoral Traffic Act, 1953, (M.P. III of 1953), or the Suppression or Immoral Traffic in Women and Girls Act, 1956, (CIV of 1956), or
(ii) within a period of three years, under section 65 or 68 of the Bombay Prohibition Act, 1949, (Bombay XXV of 194)], 2[*****]
A direction made under section 55, 56 or 57 not to enter any particular area1[or such area and any district or districts, or any part thereof, continuous thereto, as the case may be,] shall be for such period as may be specified therein and shall in no case exceed a period of two years from the date on which it was made.
________________________
1. These words were inserted, Bom. 1 of 1956, Section 6.
(1) Before an order under section 55, 56 or 57 is passed against any person the officer acting under any of the said sections or any officer above the rank of an Inspector authorised by that officer shall inform the person in writing of the general nature of the material allegations against him and give him a reasonable opportunity of tendering an explanation regarding them. If such person makes an application for the examination of any witness produced by him, the authority or officer concerned shall grant such application; and examine such witness, unless for reasons to be recorded in writing, the authority or officer is if opinion that such application is made for the purpose of vexation or delay. Any written statement put in by such person shall be filed with the record of the case. Such person shall be entitled to appear before the officer proceeding under this section by an advocate or attorney for the purpose of tender
1[(1)] Any person aggrieved by an order made under section 55, 56 or 67 may appeal to the State Government within thirty days from the date of such order.
2[(2) An appeal under this section shall be preferred in duplicate in the form of a memorandum, setting forth concisely the grounds of objection to the order appealed against, and shall be accompanied by that order or a certified copy thereof.
(3) On receipt of such appeal, the State Government may, after giving a reasonable opportunity to the appellant to be heard either personally or by a pleader, advocate or attorney and after such further inquiry, if any, as it may deem necessary, confirm, vary or cancel or set aside the order appealed against, and make its order accordingly:
Provided that the order appealed against shall remain in force
Any order passed under sections 55, 56 or 57 or by the State Government under section 60 shall not be called in question in any Court except on the ground that the authority making the order or any officer authorised by it had not followed the procedure laid down in sub-section (1) of section 59 or that there was no material before the authority concerned upon which it could have based its order or on the ground that the said authority was not of opinion that witnesses were unwilling to come forward to give evidence in public against the person in respect of whom an order was made under section 56.
1[(1)] If a person to whom a direction has been issued under section 55, 56 or 57 to remove himself from an area--
(i) fails to remove himself as directed, or
(ii) having so removed himself, except with the permission in writing of the authority making the order2[as provided in sub-section (2)], enters the area within the period specified in the order,
the authority concerned may cause him to be arrested and removed in police custody to such place outside the area as the said authority may in each case prescribe.
3[(2) The authority making an order under section 55, 56, or 57 may in writing permit any person in respect of whom such order has been made to enter or return to the area, including any contiguous districts or part thereof, from which he w
(1) The State Government1[or any officer2[*] empowered by the State Government in that behalf] may, by order, permit any person in respect of whom an order has been made under sections 55, 56, or 57 to enter or return for a temporary period to3[the area or such area and any contiguous districts or part thereof, as the case may be, from which he was directed to remove himself subject to such conditions as it4[or he] may by general or special order specify and which such person accepts and may, at any time, revoke any such permission.
(2) In permitting a person under sub-section (1) to enter or return to3[the area or such area and any contiguous districts or part thereof, as the case may be,] from which he was directed to remove himself, the State Government5[or such officer] may require him to enter into bound with or without surety for the observance of the conditions imposed.
&
1 [63AA. Powers of externment of State Government and officers specially emopowered.
2 [(1) The State Government may, in like circumstances and in like manner, exercise the powers exercisable in any area for which a Commissioner is appointed, by the Commissioner, and in a district by the District Magistrate, Sub-Divisional Magistrate or District Superintendent of Police empowered by the State Government, in this behalf, as the case may be, under sections 55, 56 and 57, with this modification that it shall be lawful for the State Government to direct the members of such gang or body, or persons or immigrants, or persons convicted, as the case may be, to remove themselves from, and not to enter or return to, any local area, or any such area and any districts or part thereof, whether contiguous thereto or not.
(1A) The State Government ma
1[III. Cantrol of camps, etc., and uniforms.
(1) If the State Government is satisfied that it is necessary in the interest of the maintenance of public order so to do, it may by general or special order, prohibit or restrict throughout the2[State of Gujarat] or any part thereof all meetings and assemblies of persons for the purpose of training or drilling themselves or being trained or drilled to the use of arms, or for the purpose of practising military exercises, movements or evolutions, or for the purpose aforesaid of attending or holding or taking any part in any camp, parade or procession.
(2) If the State Government is satisfied, that the wearing in public by any member of the body or association or organisation to be specified in the order to be issued hereunder of any dress or article of apparel resembling any uniform or part of
1 [IV. Village Defence Parties.
(1) For the protection of persons, the security of property and the public safety in villages, the District Superintendent may constitute voluntary bodies, hereinafter in this section called, ''village defence parties", for any villages within his jurisdiction, as he deems fit.
(2) Subject to any general or special orders which the State Government may make in this behalf, every person between the ages of 20 and 50 and residing in a village and who in the opinion of the District Superintendent is a fit and proper person having regard to the nature of duties and functions to be performed under the provisions of this section shall be eligible for appointment as a member of the village defence party constituted for his village.
(3) The District Superintendent may b
It shall be the duty of every Policeofficer
(a) promptly to serve every summons and obey and execute every warrant or other order lawfully issued to him by competent authority, and to endeavour by all lawful means to give effect to the lawful commands of his superior:
(b) to the best of his ability to obtain intelligence concerning the commission of congnizable offences or designs to commit such offences, and to lay such information and to take such other steps, consistant with law and with the orders of his superiors as shall be best calculated to bring offenders to justice or to prevent the commission of cognizable and within his view of non-cognizable offences;
(c) to prevent to the best of his ability the commission of public nuisances;
(d) to a
(1) Every Police officer may, subject to the rules and orders made by the State Government or by a person lawfully authorised, enter for any of the purposes referred to in section 64 without a warrant, and inspect any place of public resort which he has reason to believe is used as drinking shop or a shop for the sale of intoxicating drugs or a place of resort of loose and disorderly characters.
Power to search suspected persons in a street
(2) When in a street or a place of public resort a person has possession or apparent possession of any article which a Police officer in good faith suspects to be stolen property, such Police officer may search for and examine the same and may require an account thereof, and should the account given by the possessor be manifestly false or suspicious, may detain such article and report the facts to a M
It shall be the duty of every Police Officer--
(a) to afford every assistance within his power to disabled or helpless persons in the streets, and to take charge of intoxicated persons and of lunatics at large who appear dangerous or incapable of taking care of themselves;
(b) to take prompt measures to procure necessary help for any person under arrest or in custody, who is wounded or sick and whilst guarding or conducting any such person, to have due regard to his condition;
(c) to arrange for the proper sustenance and shelter of every person who is under arrest or in custody; (d) in conducting searches, to refrain from needless rudeness and the causing of unnecessary annoyance;
(e) in dealing with women and children to act with strict regard to d
It shall be the duty of a Police Officer-
(a) to regulate and control the traffic in the streets, to prevent obstructions therein and to the best of his ability, to prevent the infraction of any rule or order made under this Act or any other law in force for observance by the public in or near the streets;
(b) to keep order in the streets and at and within public bathing, washing and landing places, fairs, temples, and all other places of public resort and in the neighbourhood of places of public worship during the time of public worship;
(c) to regulate resort to public bathing, washing and lauding places, to prevent overcrowdig thereat and in public ferry-- boats and to the best of his ability, to prevent the infraction of any rule or order lawfully made for observance by the public any suc
All persons shall be bounded to conform to the reasonable directions a Police officer given in fulfilment of any of his duties under this Act,
A police officer may restrain or remove any person resisting or refusing or omitting to conform to any direction referred to in section 68 and may either take such person before a Magistrate or, in trivial cases, may release him when the occasion is past.
Whenever a notification has been duly issued under section 37 or an order has been under section 38 or 39, it shall be lawful for any Magistrate in a District or Police officer to require any person acting or about to act contrary thereto to desist or to abstain from so doing, and, in case of refusal or disobedience, to arrest the person offending. Such Magistrate or Police officer of such notification, or order as aforesaid, and the thing seized shall be disposed of taccording to the order of any District Magistrate having jurisdiction at the place.
71. Duty of Police to see orders issued under section 43, 55, 561[57 or 63AA] are carried out
It shall be the duty of the Police to see that ever regulation and direction made by any authority under sections 43, 55, 56,1(57 or 63AA) is duly obeyed, to warn persons who from ignorance fail to obey the same and to arrest any person who wilfully disobeys the same.
________________________
1. These figures, word and letters were substituted for the Word and figure "cr. 57" by Bom. 1 of 1956, Section 10.
Any Police officer may, without any order from a Magistrate and without a warrant, arrest--
(1) any person who has been concerned in an offence punishable under section 121 or against whom a resoanable complaint has been made or credible information has been received or a reasonable suspicion exists, of his having been concerned in such offence;
(2) any person who contravences a rule or order under clause (x) of sub-section (1) of section 33 or an order or notification under section 36, 37, 561(57 or 63AA);
2[2A) any persons who contravenes any order made under sub-section (1) of section 63A;
(3) any person who commits an offence punishable under section 122 or section 136.
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Any Police officer may, without an order from a Magistrate and without a warrant, arrest any person committing in his presence any offence punishable under section 3, 3A, 4, 5, 6 or 6C of the Prevention of Cruelty to Animals Act, 1890 (XI of 1890 Hyd. I of 1313F),1[or of that Act as in force in the Saurashtra area of the2[State of Gujarat ]
3[* * * * * * *]
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1. This portion was added by Bombay 34 of 1959, Section 24.
2. These words were substituted for the words-State of Bombay" by the Gujarat Adaptation of Laws (State arid Concurrent Subjects) Order, 1960.
3. The words, figures and letter "or under section 8, 3, 4, 5, or 5A of the Prevention of Cruelty animals Act" were deleted by
1[73A. Extension of section 6b of Act XI of 1890 as inforce in pre-Reorganisation State to rest of the State for the purposes of section 74 to 77
Section 6B of the Prevention of Cruelty to Animals Act, 1890, (XI of 1890), as in force in the2[Bombay area of the State of Gujarat] (hereinafter in this section and in section 74, 75 and 77 referred to as the said Act) is, for the purposes of sections 74 to 77 (both inclusive), hereby extended to, and shall be in force in, the remaining areas of the3[State of Gujarat] he and in consequence thereof, any provisions corresponding thereto or dealing with the like matter, in force in any such areas of the State shall be deemed to have been substituted by the aforesaid provisions of the said Act.]
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1. This section was inserted by
74. Powers with regard to offences under Act XI of 18901[and corresponding laws]
When in respect of an animal an offence under section 3 or section 5 or2[**] section 6 of the Prevention of Cruelty to Animals Act, 1890, (XI of 1890),3[or under section 3 or 5 or 6 of that Act as inforce in the Saurashtra area of the [State of Gujarat]4[******] 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 a Magistrate, or
(b) if the accused person so requires, take the animal to aveterinary officer, if any, empowered by the State Government in this behalf, or
(c) take the animal to an infirmary appointed under5[sub-section (1) of section 6B] of the said Act
When an animal is brought before a Magistrate under section 74, 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 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 there detained as provided in1[sub-section (2) and (3) of section 6B] of the said Act or may make such order as he thinks fit regarding the disposal or custody and production of the animal.
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1. These words, brackets and figures Were substituted for "sub-section (3) of section 6," by Bom. 21 of 1954, Section 3 Second Schedule.
The veterinary officer before whom an animal is brought under section 74 shall with all convenient speed examine the same and draw up a report of such examination. A copy of the report shall be delivered free of charge to the accused person if he applies for it.
When under section 74 a Police officer directs that an animal shall be sent for detention in a dispensary or any suitable place before its production before a Magistrate or under section 74 a Magistrate directs that an animal shall be sent for treatment and care to an infirmary and be detained therein, the provisions of sub-sections1[(5), (6) and (7) of section 6B] of the said Act shall, so far as may be, apply.
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1. These brackets, figures and words were substituted for "(5), (6), (7) and (8) of section 6" Bom. 21 of 1954.
When a Police officer in good faith suspects that any animal being employed in any work or labour is, by reason any sore, unfit to be so employed, he may require the person in charge of such animal to unsaddle or unload if for the purpose of ascertaining whether any sore exists, and, if any person refuses to do so, may himself unsaddle or unload the animal or may cause the same to be unsaddled or unloaded.
1[79. Power of Police to arrest without warrant when certain offences committed in his presence
Any Police officer may, without an order from a Magistrate and without a warrant arrest any person committing in his presence any offence punishable under section 117, or section 125 or section 130 or sub-clause (i), (iv) or (v) of section 131 or clause (i) of section 135 in respect of contravention of any order made under section 39 or 40],
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1. This section was substituted for the original, Section Bom. 21 of 1954, 3, Second Schedule.
(1) Any Police officer specially empowered in this behalf by a competent authority may arrest without warrant for an offence specified in section 110.
(2) Any Police officer may, on the information of any person in possession or charge of any dwelling house, private premises, or land or ground attached thereto, arrest without warrant any person alleged to have committed therein or thereon an offence punishable under section 120.
A Police officer may arrest without warrant any person committing in his presence in any street or public place any non-cognizable offence punishable under this Act, or under any rule thereunder and for which no express provision has been made else were or under any other law for the time being in force, if such person--
(i) after being warned by a 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.
(1) The Police shall take temporary charge--
(a) of all unclaimed property found by, or made over to them, and also
(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 omits to do so.
(2)1[In any area for which a Commissioner has been appointed] the property of which the Police have taken charge under sub-section (1) shall be handed over to the Commissioner.
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1. These words were substituted for the words" ln Greater Bombay" by Bom. 56 of 1959, Section 3.
(1)1[In any area under the charge of a Commissioner] if any property of the nature referred to in section 82 appears to have been left by a person who has died intestate, and not to be under four hundred rupees in value, the Commissioner shall communicate with the Administrator-General, with a view to it, being dealt with under the provisions of the Administrator General's Act, 1913,(II of 1913), or other law for the time being in force.
(2)2[In areas outside the charge of a Commissioner] the property shall be delivered to the police-patel, if any, of the town or village in which the same was found, and a receipt therefor taken from the police-patel, who shall forward such property to the Magistrate to whom such police-patel is subordinate. If in any such case there be no police-patel of such town or village, the Police shall forthwith report to such Magistrate as the Magistrate of
If the property regarding which, a report is made to a Magistrate under section 83 or under section 19 of the Bombay Village Police Act, 1867,(Bombay VIII of 1867),1[or of that Act as in force in the Kutch area of the2[State of Gujarat], or under section 21 of the Saurashtra Village Police Ordinance, 1949], (Sau. Ord. XXX II of 194), appears to such Magistrate to have been left by a person who has died, intestate and without known heirs and to be likely if sold in public auction to realise more than four hundred rupees net proceeds, he shall communicate with the District Judge with a view to its being dealt with under the provisions of section 10 of Bombay Regulation VIII of 1827 (a Regulation to provide for the formal recognition of heirs etc.) or other law in force.
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1. These words and figures were inserted by
(1) In any case not covered by section 83 or 84 the Commissioner or the Magistrate concerned, as the case may be, shall issue a proclamation specifying the articles of which such property consists and requiring any person who may have a claim thereto1[to appear before himself or some other officer whom he appoints in this behalf within three months from the date of such proclamation and establish his claim within a period not exceeding three months after such appearance:
Provided that the Commissioner, the Magistrate or the concerned Officer, may, in any appropriate case, for reasons to be recorded in writing, extend the said period of three months for establishment of the claim by such further period and subject to such conditions as he may deem fit. ]
Power to sell perishable property at once
&nbs
(1) The Commissioner or the Magistrate concerned as the case may be, shall, on being satisfied of the title of any claimant to the possession or administration of the property specified in the proclamation issued under subsection (1) of section 85, order the same to be delivered to him, after deduction or payment of the expenses properly incurred by the Police in the seizure and detention thereof.
Power to take security
(2) The Commissioner or the Magistrate concerned, as the case may be, 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
If no person1[appears within the period specified in the proclamation under sub-section (1) of section 85 and establishes his claim to the property within the period specified in the said sub-section (1)] it shall be at the disposal of the State Government, and property, or such, part thereof as has not already been sold under sub-section (2) of section 85, may be sold by auction under the orders of the Commissioner, or the Magistrate concerned, as the case may be.
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1. This portion was substituted for the words "establishes his claim to such property within the period specified in the proclamation", Guj. 16 of 1978, Section 15.
88. Procedure not affected by Indian Succession Act or Administrator General's Act or Regulation VIII of 18271[or corresponding law]
Nothing in the Indian Succession Act, 1925,(XXX IX of 1925) or in the Administrator General's Act, 1913 (III of 1913), shall apply to intestate property which is dealt with by the Commissioner, under sub-section (1) of section 85, nor shall the provisions of section 10 of Regulation VIII of 18271[or of any corresponding law in force] likewise be deemed to apply to intestate property which is dealt with by a Magistrate under sub-section (1) of section 85.
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1. These words were inserted Bom. 34 of 1959, Section 28 (2).
2. These words were inserted by Bom. 34 of 1959, Section 28 (1).
1[ In any area outside the charge of a Commissioner ], a Police officer may take, charge of any animal falling under the provisions of the Cattle Trespass Act, 1871 (I of 1871),2[* * * * * * *] which may be found straying in a street and may take or send the sum to the nearest pound, and the owner and other persons concerned shall thereon become subject to the provisions of3[that Act].
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1. These words were substituted for the Words "In any area outside Greater Bombay" by Bom. 56 of 1959, Section 3, Schedule.
2. The portion beginning with the Words "or that Act" and ending with the words "Cattle Trespass Act" were deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order 1960.
3. These words Were subst
(1)1[In any area under the charge of a Commissioner ] the Commissioner2[***] shall, from time to time, appoint such places as he thinks fit to be public pounds, and may appoint to be Keepers of such pounds police officers of such rank as may be approved by the State Government.
(2) Every pound-keeper so appointed shall, in the performance of his duties, be subject to the direction and control of the Commissioner,3[****].
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1. These words were substituted for the words "In Greater Bombay" by Bom. 56 of 1959, Section 3 Schedule.
2. The words and figures "and in other areas to which the State Govcrnment may by notification in the Official Gazette extend the provisions of this section and sections 91, 92,93 and 94 of this Act,
1[90A. Penalty for allowing cattle to stray in street or to trespass upon private or public property
(1) Whoever in2[any area under the charge of a Commissioner] allows any cattle which are his property or in his charge, to stray in any street or to trespass upon any private or public property shall, on conviction, be punished --
(i) 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;
(ii) 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 Magistrate trying the offence under sub-section (1) may order,;--
&n
It shall be the duty of every police officer, and it shall be lawful for any other person, to seize and take o any such public pound for confinement therein, any cattle found straying in any street or trespassing upon any private or public property in1[any area under the charge of a Commissioner ]
2[* * * *].
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1. There words were substituted for the words "Greater Bombay" by Bom. 56 of 1959, 3, Schedule.
2. The words "or in such areas as aforesaid" were deleted by Bom. 20 of 1953, Section 11.
If the owner of the cattle impounded under section 91 or his agent appears and claims the cattle, the pound-keeper shall deliver them to him on payment of the pound-fees and expenses chargeable in respect of such cattle under section 94.
(1) If within ten days after an animal has been impounded no person appearing to be the owner of such animal offers to pay the pound-fee and expenses chargeable under section 94, such animal shall be forthwith sold by auction, and the surplus remaining after deducting the fee and expenses aforesaid from the proceeds of the sale shall be paid to any person who, within fifteen days after the sale, proves to the satisfaction of such officer as the Commissioner authorises that he was the owner of such animal, and shall in any other case, form part of the consolidated fund of the State.
(2) No police officer or pound-keeper shall, directly or indirectly, purchase any cattle at a sale under sub-section (1).
(1) The pound-fee chargeable shall be such as the State Government may, from time to time by notification in the Official Gazette, specify for each kind of animal1[* * *].
(2) The expenses chargeable shall be at such rates for each day during any part of which an animal is impounded, as shall, from time to time be fixed by the Commissioner1[* * *] in respect of such animal.
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1. The words and figures "or any other officer appointed under section 90" were deleted, by Bom. 20 of 1953, Section 12.
(1) Notwithstanding anything contained in section 153 of the Code of Criminal Procedure, 1898, (V of 1898)any Police officer generally or specially deputed, in any area under the charge of a, Commissioner, by the Commissioner and elsewhere, by the District Superintendent or any other officer specially empowered in that behalf by the State Government, may without warrant enter any shop or premises for the purpose of inspecting or searching for any weights or measures or instruments for weighing or measuring used or kept therein.
(2) If he finds in such shop or premises weights, measures or instruments for weighing or measuring which he has reason to believe are false, he may seize the same and shall forthwith give information of such seizure to the Magistrate having jurisdiction, and if such weights, measures or instruments shall be found by the Magistrate to be false, they shall b
(1) Notwithstanding anything contained in sections 129, 130, sub section (2) of section 167, and section 173 of the Code of Criminal Procedure, 1898, (V of 1898)--
(i) the powers and duties of a Magistrate under sections 129 and 130 of that Code may, in any area under the charge of a Commissioner, e be exercised and performed by the Commissioner,
(ii) the Presidency Magistrate in Greater Bombay to whom as accused person is forwarded under sub-section (2) of section 167 of the Code, may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit for a term not exceeding fifteen days at a time,
(iii) the officer in charge of the Police station shall forward his report under section 173 of the Cod
A Police officer of rank superior to that of constable may perform any duty assigned by law or by a lawful order to any officer subordinate to him; and in case of any duty imposed on such subordinate, a superior where it shall appear to him necessary, 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 an infringement thereof.
(1) The State Government may, by notification in the Official Gazette, declare any specified service to be an essential service to the community:
Provided that such notification shall remain in force for one month in the first instance, but may be extended, from time to time, by a like notification.
(2) Upon a declaration being made under sub-section (1) and so long as it remains in force, it shall be the duty of every police officer to obey an order given by any superior officer in relation to employment upon or in connection with the service specified in the declaration; and every such order shall be deemed to be a lawful order within the meaning and for the purposes of this Act.
No person shall--
(a) When driving a vehicle along a street and except in cases of actual necessity or of some 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
Leaving cattle, etc. insufficiently tended
(b) leave in any street or public place insufficiently tended or secured any animal or vehicle.
No person shall cause obstruction, damage, injury, danger, alram or mischief in any street or public place,--
(i) by any 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 and published by a competent authority.
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 a competent authority permits, or shall train or break in any horse or other animal or made any vehicle or any part of vehicle, or except when in the case of an accident repairing on the spot is unavoidable, repair any vehicle or part of vehicle or carry on therein any manufacture or operation so as to be serious impediment to traffic or a serious annoyance to residents or to the public.
No person shall cause obstruction in any street, or public place 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 therein longer than may be necessary for such purpose, or by leaving any vehicle standing or fastening any cattle therein, or using any part of a street or public place as a halting place for vehicles or cattle, or by leaving any box, bale, package or other thing whatsoever in or upon a street for an unreasonable length of lime or contrary to any regulation made and published by a competent authority by exposing anything or sale or setting out anything for sale in or upon any stall, booth, board, cask, basket or in any other way whatsoever.
No person shall drive, ride, lead, propel or leave on any footway any animal or vehicle other than a perambulator of fasten any animal so the same can stand across or upon such footway.
No person shall exhibit, contrary to any regulation made and notified by the Commissioner or a District Magistrate, as the case may be, any mimetic, musical or other performances of a nature to attract crowds, or carry or place bullky advertisements, pictures, figures or emblems in any street or public place whereby an obstruction to passengers or annoyance to the inhabitants may be occasioned.
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 by order of a competent authority) so as to cause annoyance to the neighbouring residents or to passesrs by.
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 suffer a ferocious dog to be at oarge without a muzzle, or (B) set on, or urge a dog or other animal to attack, worry or put in fear any person or horse or other animal.
No Oerson shall bathe or wash in or by side of a public well, tank or reservoir not set apart for such purposes by order of a competent authority or in. or by the side of any pond, pool, acqueduct, part of a river, stream, nala or other source or means of water-supply in which such bathing or washing is forbidden by order of the competent authority.
No person shall defile or cause to be defiled the water in any public well, tank, reservior, pond, pool, acqueduct or part of a river, stream, nala 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 compentent authority.
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 107-by wilful intrusion or by using such place for any purpose for which it is not so set apart.
No person shall willfully and indecently expose his person in any street or public place or within sight of, and in such manner as to be seen from any street or public place, whether from within any house or building not or use indecent language or behave indencently or riotously or in a disorderly manner in a street or place of public resort or in any office, station or station house.
No person shall wilfully purch, press, hustle or obstruct any passenger in a street or public place or by violent movements, menacing, gesture, wanton personal annoyance, screaming, shouting, wilfully frightening horses or cattle or otherwise distrub the public peace or order.
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.
No person shall fly a kite so as to cause danger, injury or alaram to persons1[houses] or property.
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1. This word was substituted for the word "houses" by Bom. 21 of 1954, Section 3, Second schedule.
Repealed by Bombay X of 1960 Section I. (4) Schedule. Begging and exposing offensive ailments
No person shall in or near to any street, public place or place of public resort-
(a) commit a nuisance by easing himself, or
(b) having the care or custody of any child under seven years of age suffer such child to commit a nuisance as aforesaid,1[or
(c) spit or throw any dust, ashes, refuse or rubbish so as to cause annoyance to any passer-by].
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1. This ward and clause were inserted by Bom. 1 of 1956, section 12.
No person shall, in any Court, Police Station, Police Office, building occupied by Government or building occupied by any public body, smoke or spit in contravention of a notice by a competent authority in charge of such place and affixed to such Court, Station, Office or building.
Any person who contravenes any of the provisions of section 99 to 116 (both inclusive) shall, on conviction, be punished with fine which may extend to1[hundread rupees].
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1. These word were substituted for the words "fifty rupees" Bom. 20 of 1953, Section 13.
(1) In any local area in which the State Government by notification in the Official Gazette brings this section into force, whoever through neglect or otherwise fails to keep in confinement or under restraint between one hour after sunset and sunrise any cattle which are his property or in his charge shall, on conviction,1[ be punished,--
(i) 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;
(ii) 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].
Explanation.--Cattle shall not be deemed to be kept in confinement within the meaning of this sub-section unless they are effectively conf
Whoever in any place1[in any area for which a commissioner has not been appointed] cruelly beats, goads, overworks, ill-treats or tortured or cause or procures to be cruelly beaten goaded, overworked, ill-treated or tortured any animal, shall, on conviction be punished with imprisonment which may extend to one mouth month or with fine which may extend to one hundred rupee, or with both.
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1. These words were substituted for the words" outside Greater Bombay" by Bom. 56 of 1959, Section 3, Schedule.
Whoever without satisfactory excuse wilfully enters or remains in or upon any dwelling house or premises or any land or ground attached thereto or on any ground, building, monument or structure belonging to Government appropriated to public purposes, or on any boat or vessel shall, on conviction or whether he causes any actual damage or not, be punished with fine which may extend to twenty rupees.
whoever knowingly givens or causes to be given a false alarm of fire to the fire brigade of a municipality or corporation or to any office or fireman thereof whether by means of a street fire-alarm ,statement, message or other, or with intent to give such fales alarm wilfully breaks the glass of or otherwise damages a street fire- alarm, shall on conviction be punished with imprisonment for a term which may extend to three months or with fire which may extend to one hundred rupees or with both.
Whoever is found between sunset and sunrise--
(a) armed with any dangerous instrument with intent to commit offence or (b) having his face covered ,or otherwise disguised, with intent to committed an offence, or
(c) in any dwelling-house or other building, or on board any vessel or boat without being able satisfactorily to account for his presence there or
(d) lying or loitering in any street, yard or other place, being a reputed thief and without being able to give a satisfactory account of himself or
(e) having in his possession without lawful excuse (the burden of proving which excuse shall be on such person) any implement of house breaking shall on conviction be punished with imprisonment for a term which may extend to three months.
Whoever not being a member of the armed forces of the Union and acting as such or a Police Officer, goes 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 lawful authority, shall be liable to be disarmed by any Police Officer, and the weapon or substance so seized shall be forfeited to the State Government, unless redeemed within two months by payment of such fine not exceeding five hundred rupees as the Commissioner or the District Magistrate in areas under their respective charges imposes.
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 posession or to act to the satisfaction of the 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.
(a) takes or introduces, or attempts ,to take or introduce, any spirits orsprituous or fermented liquors or intoxicating drugs or preparations into any public hospital without the permission of a medical officer such hospital, or
(b) not being amenable to the Articles of War takes or introduces, or attempts to take or introduce, any such spirits liquors, drugs or preparations not belonging to any person above the rank of a non-commissioned officer.
(i) 1[* * * * * * * * * *] or into any military barracks, guard-rooms or encampments, or,
(ii)on board or alongside of any xessel of war belonging to Government shall on conviction, be punished with imprisonment for a term which may extend to two months, or with fince which may extend to one hundred rupees, or with both and such spirits, liquors, d
Whoever, being a pawn-broker, dealer in second-hand property, or worker in metals, or reasonably believed by the Commissioner, or District Euperintendent in the are? as under their respective charges to be such a person, and having received from a police officer written or printed information that the possession of any property suspected to have been transferred by any offence mentioned in section 410 of the Indian Penal Code,[XLV of 1860], or by any offence punishable under section 417, 418, 419 or 420 of the said Code, is found in possession or thereafter comes into the possession, or has an offer either by way of sale, pawn exchange, or for custody alteration or to therwise howsoever, made to him of property answering the description contained in such information, shall' unless
(i) he fortwith gives information to the Commissioner, or the District Juperintendent' as the case
Whoever, having received such information as is referred to in section 126, 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, shall on proof that the same was stolen property within the meaning of section 410 of the Indian Penal Code, (XLV of), or property in respect of which any offence punishable under section 417, 418, 419 or 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.
Whoever takes from any child not appearing to be above the age of forteen 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 know ledge 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.
Whoever, being the keeper of any place of public amusement or entertainment, knowingly permits drunkenness or other disorderly behaviour or any gaming whatsoever, in such place, shall, on conviction, be punished with a fine which may extend to one hundred rupees.
Whoever, by any fraud or unlawful device or malpractice in playing at or with cards, dice or other game, or in taking a 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 guilty of cheating within the meaning of section 415 of the Indian Penal Code (XLV OF 1860), and be liable to punishment accordingly.
1[130A. Gambling in street
Whoever, assembles with others or pins any assembly in a street assembled for the purpose of gaming or wagering shall, on conviction be punished with fine which may extend to fifty rupees or may be released after a due admonition].
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1. Section 130A was inserted by Bom. 20 of 1953, Section 15.
1 [2 Save as provided in section 131A, whoever-]
(a) contravenes any rules or order made under section 33 or any of the conditions of a license issued under such rule or order, or
(b) abets the commission of any offence under clause (a) shall, on conviction be punished]--
(i) if the rule or order under which the said license was issued was made under clause (d), (g), (h), (i), sub-clauses and (ii) of clause (r) or clause (u)of sub-section (1) of section 33, with imprisonment for a term which may extend to eight days or with fine which may extend to fifth rupees or with both;
(ii) if the, rule or order contravened was made under clause (x) of sub-section (1) of section 33, with imprisonment for a terra which may extend to three months or with fine wh
1[131AA. Liability of licensee of place of public entertainment for acts of servants
The holder of a licence, granted under this Act, in respect of a place of public entertainment shall be responsible, as well as the actual offender, for any offence under section 131 committed by his servant or other agent acting with his express or implied permission on his behalf, as if he him self had committed the same, unless ho establishes that all due and reasonable precautions were taken by him to prevent the commission of such offence].
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1. Section 131AA was Inserted by Bom. 1 of 1956, Section 14.
1[131A. Penalty for not obtaining licence or for not renewing licence within specified period in respect of place of public entertainment
(1) Whoever fails to obtain a licence under this Act in respect of a place of public entertainment or to renew a licence granted under this Act, in respect of such place within the prescribed period shall, on conviction, be punished with a fine which may extend to Rs. 50.
(2) Any court trying any such offence shall in addition direct that the person keeping the place of public entertainment in respect of which the offence has been committed shall close such place until he obtains a licence or fresh licence, 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 s
Whoever contravenes, disobeys, opposes, or fails to conform to an order under section 31 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,
Whoever contravenes any rule made under section 35 shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to two hundred rupees or with both.
Whoever, contravenes, disobeys, opposes or fails to conform to any order given by a police officer under section 36 shall, on conviction, be punished with fine which may extend to two hundred rupees.
Whoever disobeys an order lawfully made under section 37, 39 or 40 or abets the disobedience thereof shall, on conviction, be punished--
(i) if the order disobeyed or of which the disobedience was abetted was made under sub-section (1) of section 37 or under section 39, or section 40, with imprisonment for a term which may extend to one year but shall not except for reasons to be recorded in writing be less than four months and shall also be liable to fine, and;
(ii) if the said order was made under sub-section (2) of section 37, with imprisonment for a term which may extend to one month or with fine which may extend to one hundred rupees, and
(iii) if the said order was made under sub-section (3) of section 37, with fine which may extend to one hundred rupees.
Whoever disobeys any direction lawfully made under section 38 or abets the disobedience thereof shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.
Whoever opposes or fails to conform to any direction given by the Police under section 41, shall on conviction be punished with fine which may extend to two hundred rupees.
[Penalty for failure to comply with order under section 42.] Deleted by Guj. 16 of 1978, Section 16.
Whoever contravenes or abets the contravention of any regulation made under section 43 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.
Whoever opposes or fails to conform to any direction given by the police under section 68 or abets the opposition or failure to do so shall, on conviction, be punished with fine which may extend to fifty rupees.
141. Penalty for contravention of directions under sections 55, 56,1[57 or 63AA]
Whoever opposes or disobeys or fails to conform to any direction issued under section 55, 56,1[57 or 63AA] or abets opposition to or disobedience of any such direction shall, on conviction, be punished with imprisonment which may extend to one year but shall not, except for reasons to be recorded in writing, be less than four months, and shall also be liable to fine.
________________________
1. These figures, word and letters were substituted for the word and figures "or 57" by Bom. 1 of 1956, Section 15.
1[142. 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 62, any person who--
(a) in contravention of a direction issued to him under section 55,56,57 or 63AA enters or returns without permission to the area, or any district or districts or part thereof, from which he was directed to remove himself;
(b) enters or returns to any such area or district aforesaid or part thereof with permission granted under sub-section (2) of section 62, 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
Whoever fails without sufficient cause to surrender in accordance with sub-section (3) of section 63 shall, on conviction, be punished with imprisonment which may extend to two years and shall also be liable to fine.
1[143A. Penalty for contravention of order under section 63A
(1) Whoever, contravenes any order made under sub-section (1) of section 63A shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine or with both.
(2) Whoever contravenes any order made under sub-section (2) of section 63A shall, on conviction, be punished with imprisonment for a term which may extend to three years or with fine or with both].
________________________
1. Section 143A was inserted by Bom. 20 of 1953, Section 16.
1[143B. Dangerous performances
(1) No person shall without the previous permission of the Commissioner or the District Magistrate, as the case may be, 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 underground, or seals himself in any room or receptacle or other thing, in such manner as to preventall 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 this section, 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 an
Any person who having been appointed a Special Police Officer under section 21 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, shall, on conviction be punished with fine which extend to may fifty rupees.
(1) 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
(2) Any police officer who (a) is guilty of cowardice, or (b) resigns his office or withdraws himself from duties thereof in contravention of section 29, or (c) is guilty of any wilful breach or neglect of any provision of law or of any rule, or order which as such police officer, it is his duty to observe or obey, or (d) 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 hundred rupees or with both.
Consequence of failure to return to duty after leave.
&nb
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 provision of sub-section (1) of section 30 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.
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
(b) vexatiously and unnecessarily seizes the property of any person;
(c) vexatiously and unnecessarily detains, searches or arrests any person;
(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.
Any police officer who vexatiously and unnecessarily delays forwarding any person arrested to a Magistrate or to any other authority to whom be is legally bound to forward such person, shall, 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.
Whoever opposes or fails forthwith to comply with any reasonable direction given by a Magistrate or a police officer under section 70 or abets opposition thereto or failure to comply therewith, shall, on conviction be punished with imprisonment for a term which may extend to one year but shall not except for reasons to be recorded in writing be less than four months and shall also be liable to fine.
1[149A. Penalty for unauthorised use of police uniform
If any person not being a member of the Police Force, wears, without the permission of an officer authorised by the State Government in this behalf by a general or special order for any area2[in the3[State of Gujarat] the uniform of the Police force 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.]
________________________
1. This section was inserted by Bom. 6 of 1955, Section 3.
2. These words were substituted for the words "in the State" by the Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.
3. The
Offences against this Act, when the accused person or any one of the accused persons is a police officer, above the rank of a constable, shall not be cognizable except by1[** *] a Magistrate not lower than a second class Magistrate.
________________________
1. The words "a Presidency Magistrate or" were deleted Bom. 6 of 1955.
It will not except in obedience to a rule or order made by the State Government or by the competent authority, be incumbent on the police to prosecute for an offence punishable under section 117, 119, 131, 134, 137, 139, 140 or 144, when such offence has not occasioned serious mischief and has been promptly desisted from on warning given.
1[151A. Summary disposal of certain cases
(1) A Court taking cognizance of an offence punishable under clause (v) of section 131, for contravention of a rule or order made under clause (b) or (c) of sub-section, (1), of section 33, 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 twenty-five rupees, as the Court may specify.
(2) When an accused person pleads guilty and remits the sum specified, no further proceedings in respect of the offence shall be taken against him.]
________________________
1. This section was inserted by Bom. 1 of 1956, Section 17.
Nothing in this Act shall be construed to prevent any person from being prosecuted and punished under any other enactment for any offence made punishable by this Act or from being prosecuted and punished under this Act for an offence punishable under any other enactment:
Provided that all such cases shall be subject to the provisions of section 403 of the Code of Criminal Procedure, 1898 (V of 1898).
All fees paid for licenses or written permissions issued 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 in force to any local authority, be credited to the State Government:
Provided that with the sanction of the State Government or under any rule made by the State Government in 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.
No municipal or other local rates shall be payable by the State Government on account of the occupation or use of any house or place1by members of the police force for the convenient performance of their duties2in the Bombay area of the State of Gujarat] and also in such of the remaining areas of the3[State of Gujarat] as may be notified by the State Government in the Official Gazette.]
________________________
1. This portion was substituted for the portion beginning with the words "in any area" and ending with the words "their duties" by Bom. 34 of 1959, Section 33.
2. These words were substituted for the words "in any area of the pre Reorganisation State of Bombay, excluding the transferred territories and Greater Bombay" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Ord
Any order or notification published or issued by the State Government or by a Magistrate or officer under any provision of this Act and the due publication or issue thereof may be proved by the production of a copy thereof in the Official Gazette, or of a copy thereof signed by such Magistrate, or officer, and by him certified to be a true copy of an original published or issued according to the provisions of the section of this Act applicable thereto.
No rule, order, direction, adjudication, inquiry or notification made or published, and no act done under any provision of this Act or of any rule made under this Act, or in substantial conformity to the same, shall be deemed illegal, void, invalid or insufficient by reason of any defect of form or any irregularity of procedure.
157. Presumption in prosecutions for contravention of directions issued under section, 55, 56,1[57 or 63 AA.]
Notwithstanding anything contained in any law for the time being in force, in prosecution for an offence for the contravention of a direction, issued under section 55,56,1[57 or 63 AA] on the production of an authentic copy of the order, it shall, until the contrary is proved and the burden of proving which shall lie on 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 con
1[ 157-A. Officers holding charge of or succeeding to vacancies competent to exercise powers
Whenever in consequence of the office of a Commissioner, Magistrate or Police Officer becoming vacant, any officer holds charge of the post of such Commissioner, Magistrate, or Police Officer or succeeds either temporarily or permanently to his office, such officer shall be competent to exercise all the powers and perform all the duties respectively conferred and imposed by this Act on such Commissioner, Magistrate or Police Officer as the case may be.
________________________
1. Section 157A was inserted by Bom. 57 of 1954, Section 5.
If any person permitted under sub-section (1) of section 63 fails to observe any condition imposed under the said sub-section or in the bond entered into by him under sub-section (2) of the said section 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.
1[No Magistrate] or Police Officer shall be liable to any penalty or to payment of damages on account of an act done On good faith, in pursuance or intended 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, order or direction made or given therein.
________________________
1. These words were substituted for the words "No Revenue Commissioner, Magistrate" by Guj. 15 of 1964, Section 4 Schedule.
No public servant or person duly appointed or authorised shall be liable to any penalty or to payment of any damages for giving effect in good faith to any such order or direction issued with apparent authority by the State Government or by a person empowered in that behalf under this Act or any rule, order or direction made or given thereunder.
161. Suits or prosecutions in respect of acts done under colour of duty as aforesaid not to be entertained, or to be dismissed if not instituted within1[one year]
(1) In any case of alleged offence by the Commissioner, a Magistrate, Police Officer or other person, or of a wrong alleged to have been done to such Commissioner, Magistrate, Police Officer or other person, by any act done under colour or in excess of any such duty or authority as aforesaid, 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, or shall be dismissed, if instituted, more than [one year] after the data of the act complained of.
In suits as aforsaid one months notice of suit to be given with sufficient description of wrong complained of.
&n
(1) Any licence or written permission granted under the provisions of this Act shall specify the period and locality for which, and the conditions and restrictions subject to which, the same is granted, and shall be given under the signature of the competent authority and such fee shall be charged therefor as is prescribed by any rule under this Act in that behalf.
Revocation of licences, etc.
(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 is infringed or evaded by the person to whom it has been granted, or if such person is convicted of any offence ,in any matter to which such licence or permission relates.
When lincence revoked etc. grantee to be deemmed without licence.
Any public notice required to be given, under any of the provisions of this Act shall be in writing under the signature of a competent authority and shall be published in the locality to be affected thereby, by affixing copies thereof in conspicuous public places, or by proclaiming the same with beat of drums, or by advertising, the same in such local newspapers, --English or regional language or Hindi,--as the said authority may deem fit, or by any two or more of these means and by any other means it may think suitable.
Wherever 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 a competent authority, a written document, signed by a competent authority purporting to convey or set forth such consent, approval, declaration, opinion or satisfaction shall be sufficient evidence thereof.
Every licence, written permission, notice or other document, not being a summons or warrant or search warrant, required by this Act, or by any rule thereunder, to bear the signature of the Commissioner, shall be deemed to be properly signed if it bears a fascimile of his signature stamped thereon.
(1) In the case of any rule or order made by the State Government 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 of those under their control in a manner therein described, it shall be competent to any person interested to apply to the State Government by a memorial given to a Secretary to the State Government to annual, reverse or alter the rule or order aforesaid on the ground of its being unlawful, oppressive or unreasonable.
When a suit shall lie to the District Court to declare a rule or order unlawful.
(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 State Government, it s
(1) The enactments 1 [specified in Part I of Schedule I] are hereby repealed:
Provided that --
(i) 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, bond forfeited, penalty incurred under any such enactment shall, so far as they are consistent with this Act, be deemed to have been respectively prescribed, made, conferred, given, passed, served, arrested, detained, discharged, forfeited and incurred thereunder.
(ii) all references made in any Bombay Act to any of the Acts hereby repealed shall be read as if made to the corresponding provision of this Act.
&nb
168.1[Saving laws relating to Village Police and Reserve Police
Nothing in this Act shall affect the provisions of the Bombay Village Police Act, 1867 (Bombay VIII of 1867. Sau. Ord. XXXII of 1949),2[ that Act as in force in the Kutch area of the3[ State of Gujarat ] or of the Saurashtra Village Police Ordinance, 1949, or any law corresponding thereto in force in any part of the State ] or any enactment which may be made in regard to the Reserve Police.
________________________
1. This marginal note was substituted for original by Bom. 34 of 1959 Section 35 (2).
2. These words and figures were inserted by Bom. 34 of 1959 Section 35 (1).
3. These words were substituted for the words "State of Bombay" by th
schedule--i r
(See Sections 3 and 5 and 1 [ sub-sections (1) and (2A) of section 167)
Year
1
No.
2
Short title.
3
2 [PART I]
1890
IV
The Bombay District Police Act, 1890.
1902
IV
The City of Bombay Police Act, 1902.
1949
&nbs
SCHEDULE II
(See Section 14.)
CERTIFICATE OF APPOINTMENT IN THE POLICE FORCE.
No...........
1[STATE OF GUJARAT]
Certificate of appointment issued under the (Photograph to be affixed in the case of Bombay Police Act of 1951............:.............. ,2[Inspector and] Sub-Inspectors).
Act of 1861.
Mr. .................................. has been appointed as............and is invested with the powers functions and privileges of a Police Officer under the Bombay Police Act of 1951.
Act V of 1861.
3[Greater Bombay/Area under the cha
SCHEDULE_III
(See sub-section 3) of section 167)
Year
1
No.
2
Short title.
3
Amendment.
4
1898
V
Code of Criminal Procedure
In clause (a) of sub-section (2) of section 1 of the Act--
(i) for the words "towns of Calcutta, Madras and Bombay", the words 'towns of Calcutta and Madras" shall be substituted.
&n
1 [SCHEDULE IV
(See sub-section (2A) of section 167.)
Year
No.
Short title.
1946
X
The Central Provinces and Berar Goondas Act, 1946.
1947
XVII
The Central Provinces and Berar Special Police Establiement Act, 1947.
1951
XXIX
The Hyderabad Public Security Measures Act, 1951.
1953
&n
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