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Orissa Urban Police Act, 2003
(1) This Act may be called the Orissa Urban Police Act, 2003.
(2) It extends to the whole of the State of Orissa.
(3) It shall come into force on such date as the Government may, by notification, appoint.
(1) On and from the date on which a Commissionerate is created under Section 4 in respect of any area, any enactment in force in that area which is inconsistent with, or a repetition of, the provisions of this Act shall cease to be in force in such area:
Provided that -
(a) all rules prescribed, appointments made, powers conferred, orders made or passed, directions and certificates issued, consent, permit, permission or licences given, summons or warrants issued or served, persons arrested or detained or discharged on bail or bond, search warrants issued, bonds forfeited, penalty incurred under any such enactment shall, so far as they are consistent with this Act, be deemed to have been prescribed, made, conferred, passed, issued, given, served, arrested, detained, discharged, forfeited or incurred, as the case may be, under this Act ;
In this Act, unless the context otherwise requires-
(a) "cattle" includes elephants, camels, horses, asses, mules, cows, bulls, buffaloes, goats, sheep and swine;
(b) "Commissionerate" means a Police Commissionerate created under Section 4;
(c) "Commissioner", "Additional Commissioner", "Deputy Commissioner", "Additional Deputy Commissioner" and "Assistant Commissioner" shall respectively mean Commissioner of Police, Additional Commissioner of Police, Deputy Commissioner of Police, Additional Deputy Commissioner of Police and Assistant Commissioner of Police appointed under this Act;
(d) "competent authority" when used with reference to the exercise of any power or discharge of any duty under the provisions of this Act, means the person specially em
The Government may, by notification, create a Police Commissionerate for any area comprising the territorial area of any one or more Corporations constituted under the Orissa Municipal Corporation Ordinance, 2003 and may include any other contiguous area as may be specified in the notification.
A Commissionerate created under Section 4 shall consist of such number of police personnel of the Orissa Police Force constituted under Section 2 of the Police Act, 1861 in the several ranks and have such organisation and functions and duties as the Government may, by general or special order published in the Gazette, determine.
(1) The Government may appoint a police officer to be the Commissioner for any area specified in the notification under Section 4.
(2) The Government may also appoint one or more Additional Commissioners to assist the Commissioner in discharge of his duties under this Act.
(3) Subject to the general control and supervision of the Director General of Police, 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 the rules.
The Government may, by general or special order, empower an Additional Commissioner to exercise and perform all or any of the powers, functions or duties to be exercised or performed by the Commissioner under this Act, subject to the control of the Commissioner.
(1) The Government may appoint one or more Deputy Commissioners or Additional Deputy Commissioners or Assistant Commissioners for the purposes of this Act.
(2) Without prejudice to the other provisions of this Act and subject to any general or special orders made by the Government in this behalf, every Deputy Commissioner or Additional Deputy Commissioner or Assistant Commissioner shall, under the orders of Commissioner, exercise such powers and perform such of the duties of the Commissioner and within such local limits as may be specified in such orders.
The Government may, by notification, -
(a) constitute police districts within the jurisdiction of a Commissionerate;
(b) divide such police districts into police subdivisions and specify the police stations comprised in each such subdivision; and
(c) define the limits and extent of such police districts, police subdivisions and police stations.
(1) Each police district shall be under the charge of a Deputy Commissioner, who may be assisted in the discharge of his duties by one or more Additional Deputy Commissioners and Assistant Commissioners.
(2) Each police subdivision shall be under the charge of an Assistant Commissioner and each police station shall be under the charge of an Inspector or Sub-Inspector of Police.
The Commissioner shall, within his sphere 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 including the fulfilment of duties by the police force under him.
The Commissioner shall have the authority to investigate and regulate all matters of account connected with the police force of the Commissionerate and all persons concerned shall be bound to give him a reasonable aid and facilities in conducting such investigations and to conform to his orders consequent thereto.
(1) The Commissioner may, at any time by written order signed by himself and sealed with his own seal, appoint, on honourary basis for not more than three months at a time, any able bodied person, not below the age of eighteen years and above the age of fifty years, 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 in any area of the Commissionerate and he is of opinion that the police force is not sufficient for the protection of persons residing, and for the security of property within such area:
Provided that no person shall be appointed as a Special Police Officer against his will.
(2) The Commissioner shall publish the names of Special Police Officers appointed under this section in such manne
(1) Additional Police Officers of such rank or grade for such time and on such pay, as the Government may determine, may be employed or deputed by the Commissioner for the purposes of this Act.
(2) Every Additional Police Officer so appointed shall, on appointment,-
(a) receive a certificate of appointment in a form approved by the Government in this behalf;
(b) be vested with all or such of the powers, privileges and immunities and perform such of the duties of a police officer as are specially mentioned in the certificate; and
(c) be subject to the orders of the Commissioner as an ordinary police officer of the same or similar rank or grade.
(3) The employment or deputation of such Additional Police O
(1) Every person, having ceased to be a Special Police Officer or Additional Police Officer under this Act, shall forthwith deliver up his certificate, clothing, accoutrements, arms, ammunition and other necessaries, which have been supplied to him for the execution of his duty.
(2) If any person, being so appointed, employed or deputed as a Special Police Officer or Additional Police Officer, without sufficient excuse, neglects or refuses to obey such lawful order or direction as may be given to him for the performance of his duties or, on ceasing to be a Special Police Officer or Additional Police Officer, fails to deliver up forthwith his certificate, clothing, accoutrements, arms, ammunition and other necessaries which have been supplied to him for execution of his duty, he shall be liable, upon conviction before a Magistrate, to a fine not exceeding five hundred rupees for su
It shall be duty of every police officer to -
(i) promote and preserve public order;
(ii) investigate crimes and, where appropriate, to apprehend the offenders and participate in subsequent legal proceedings connected therewith;
(iii) identify problems and situations that are likely to result in commission of crimes;
(iv) reduce the opportunities for the commission of crimes through preventive patrol and other prescribed police measures;
(v) aid and co-operate with other relevant agencies in implementing the prescribed measures for prevention of crimes;
(vi) aid individuals who are in danger of physical harm;
(vii)
It shall be the duty of every police officer to -
(i) register all cognizable offences brought to his notice by a complainant in person or by post or from his knowledge and take prompt steps to acknowledge registration of such offences where necessary and proceed with such investigation in accordance with law;
(ii) guide and assist members of the public, particularly the poor and indigent, disabled or physically weak and children who are either lost or find themselves helpless on the streets or other public places;
(iii) take charge of intoxicated persons and lunatics at large, who in their ignorance may cause harm to themselves or other members of the public and their property;
(iv) assist in preventing the poor and indigent persons from exploitat
It shall be duty of every police officer to -
(i) regulate and control the traffic in the streets to prevent obstructions therein and, to the best of his ability, to prevent the contravention of any rule, regulation or order made under this Act or any other law in force for observance by the public in or near the streets;
(ii) keep order in the streets, pavements and at and within public bathing and washing places, fairs, temples and all other places of public resort and in the neighbourhood of places of public worship;
(iii) regulate public bathing and washing places and all other places of public resort, to prevent over-crowding in such places and, to the best of his ability, to prevent the contravention of any regulation or order lawfully made for observance by the public at such places;
(1) It shall be the duty of every police officer to ensure compliance with the provisions of this Act or any rule, regulation or order made thereunder and, for that purpose, such police officer may -
(a) warn persons, who from ignorance fail to comply with any of the provisions of this Act or of the rules, regulations or orders made thereunder;
(b) require any person, acting or about to act contrary to any of the provisions of this Act or of the rules, regulations or orders made thereunder, to desist from so doing;
(c) subject to the provisions of Sub-sections (2) and (3), arrest any person contravening any of the provisions of this Act or of the rules, regulations or orders made thereunder, where such contravention is an offence punishable under this Act; and
When in a street or a place of public resort a person is in possession or suspected to be in possession of any article, which a police officer in good faith suspects to be stolen property, such police officer may search such person and may require an account in relation to any article found in his possession and if the account given by the possessor is manifestly false or suspicious, may detain such article after giving a receipt in the prescribed form and report the facts to a Magistrate having jurisdiction in the matter, who shall, thereupon, proceed according to the provisions of Sections 457, 458 and 459 of the Code of Criminal Procedure, 1973.
(1) The Government may, by notification, declare any specified service to be an essential service to the community.
(2) A declaration made under Sub-section (1) shall remain in force for one month in the first instance, but may be extended from time to time by a notification.
(3) Upon a declaration being made under Sub-section (1) and so long as it remains in force, it shall be the duty of every police officer to obey any order given by any superior officer in relation to any employment in connection with the service specified in the declaration.
A police officer of a rank superior to that of a constable may perform any duty assigned by law or by a lawful order to any officer subordinate to him and in the case of any duty imposed on such subordinate, a superior may aid, supplement, supersede or prevent any action of such subordinate by his own action or that of any person lawfully acting under his command or authority, whenever the same shall appear necessary or expedient for giving more complete or convenient effect to the law or for avoiding any infringement thereof.
(1) All persons shall be bound to comply with the reasonable directions given by a police officer in the discharge of his duties under this Act.
(2) Where any person resists, refuses or fails to comply with any direction referred to in Sub-section (1), a police officer may, without prejudice to any other action that he may take under any other provision of this Act or any other law for the time being in force, remove such person and either produce him before the nearest Magistrate or, in trivial cases, release him when the occasion which necessitated the removal has ceased to exist:
Provided that the person so removed shall, in all cases, be produced before the nearest Magistrate or released, as the case may be, within a period of twenty-four hours of such removal.
Subject to previous sanction of the Government, the Commissioner may, by notification, make regulations, not inconsistent with this Act or any other law for the time being in force, -
(a) regulating the inspection and training of the police force by his subordinates;
(b) determining the description and quantity of arms, accoutrements, clothing and other necessaries to be furnished to the police;
(c) prescribing the places of residence of members of the police force;
(d) for the institution, management and operation of any police fund for any purpose connected with police administration;
(e) regulating the distribution, movements and location of the police;
(f)
(1) The Director General of Police, the Commissioner, the Additional Commissioner, the Deputy Commissioner, the Additional Deputy Commissioner and the Assistant Commissioner shall have the same powers to suspend, discipline and penalise the police officers of subordinate ranks as may have been given to them or to police officers of their equivalent ranks in the State by or under the Police Act, 1861 and while doing so they shall follow the same procedure and award the same penalties as prescribed by or under the said Act.
(2) An appeal against any order of punishment passed against a police officer of subordinate rank shall lie in the same manner and be subject to same conditions and limitations as prescribed by or under the Police Act, 1861.
Every police officer not on leave or under suspension shall, for all purposes of this Act, be considered to be always on duty and may at any time be employed as police officer in any part of the State.
No police officer shall resign his office or withdraw himself from the duties thereof, unless expressly allowed to do so in writing by the Commissioner or by such other officer as may be authorised by the Commissioner to grant such permission or unless he has given to his superior officer, a notice in writing for a period not less than two months of his intention to do so.
Explanation. - A police officer who, being absent on leave, fails without reasonable cause to report himself for duty on the expiration on such leave shall be deemed, within the meaning of this section, to withdraw himself from the duties of his office.
(1) The Commissioner may, with the previous sanction of the Government, make regulations to provide for all or any of the following matters, namely:-
(i) regulating traffic of all kind in streets and the use of streets and other public places by persons riding, driving, cycling, walking, leading or accompanying cattle, selling or exposing for sale any goods, so as to prevent danger, obstruction or inconvenience to the public;
(ii) regulating the conditions under which vehicles may remain standing in streets and other public places, and the use of streets as halting places for vehicles or cattle;
(iii) specifying the number, colour and position of lights to be used on vehicles in streets and the hours between which such lights should be used;
(iv) li
The Commissioner, and subject to his orders, every police officer not below the rank of an Inspector may, as occasion may demand, but not so as to contravene any regulation made under this Act or any law, rule or byelaw referred to in Sub-section (4) of Section 129, give all such orders, either orally or in writing, as may be necessary to,-
(a) direct the conduct and behaviour or action of persons constituting processions or assemblies on or along streets;
(b) specify the routes by which and the times at which any such processions may pass or shall not pass;
(c) prevent obstructions, -
(i) on the occasions of all processions and assemblies,
(ii) in the neighbourhood of all places of worship during the tim
(1) The Commissioner may, in the area under his charge, whenever and for such time as he shall consider necessary for the preservation of public peace or public safety, by notification publicly promulgated or addressed to individuals, prohibit within such area or any part thereof,-
(a) the carrying of arms, cudgels, swords, spears, bludgeons, guns, knives, sticks or lathis, or any other article which is capable of being used for causing physical violence;
(b) the carrying of any corrosive substance or explosives;
(c) the carrying, collection or preparation of stones or other missiles or instruments or means of casting or impelling missiles;
(d) the exhibition of persons or corpses of persons or animals;
(1) For the purpose of preventing serious disorder or breach of law or manifest and imminent danger to the persons assembled at any place of public amusement or at any assembly or meeting to which the public are invited or which is open to the public, any police officer of the rank of Assistant Sub-Inspector and above, present at such place of public amusement, or such assembly or meeting, may, subject to such rules, regulations and orders as may have been lawfully made, give such reasonable directions as to the mode of admission of the public to, and for securing the peaceful and lawful conduct of the proceedings and the maintenance of public safety at, such place of amusement or assembly or meeting as he thinks necessary, and all persons shall be bound to conform to every such reasonable direction.
(2) Every police officer shall have free access to every place of public amuseme
(1) If the Commissioner, for an area under his charge, is satisfied from the report of an officer-in-charge of a police station, or another 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 person who dwells, or occupies property, in the vicinity, he may, by written order, issue such directions as he may consider necessary to any person for preventing, prohibiting, controlling or regulating,-
(a) the event or its continuance in any street, open space or any other premises of, -
(i) any vocal or instrumental music,
(ii) sound caused by the playing, beating, clashing, blowing or use in any manner whatsoever of any instrument, appliance or app
(1) In order to prevent or suppress any riot or grave disturbance of peace, the Commissioner may temporarily close or take possession of any building or other place and may exclude all or any persons therefrom, or may allow access thereto to such persons only and on such terms as he shall deem expedient and all persons concerned shall be bound to conduct themselves in accordance with such orders as the Commissioner may make and notify in exercise of his powers under this section.
(2) If the lawful occupant of such building or place suffers any loss or injury by reason of the action taken under Sub-section (1), he shall be entitled, on an application made therefor to the competent authority within one month from the date of such action, to receive reasonable compensation for such loss or injury, unless such action was in the opinion of such competent authority rendered necessary ei
(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 of the conduct of, or participation in, it shall appear to the competent authority that a dispute or contention exists which is likely to lead to grave disturbance of peace, the competent 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 and all persons concerned shall obey such orders.
(2) Every such order shall be published in the locality or place wherein it is to operate.
(3) Every order under Sub-section (1) shall b
(1) Whenever it shall appear to the Commissioner that any place in the area under his charge (being a place where on account of a pilgrimage, fair or other such occurrence, large bodies of persons have assembled or are likely to assemble) is visited or likely to be visited with an outbreak of any epidemic disease, he may, in consultation with the Municipal Corporation or Municipality or other local authority within the local limits of the jurisdiction whereof such place is situated, take such special measures and may, by a public notice, prescribe such regulations to be observed by residents of the said place and persons present thereat or repairing thereto or returning therefrom as he deems necessary to prevent the outbreak of such disease or the spread thereof.
(2) The expenses incurred by the Commissioner in respect of the arrangements for sanitation and the preservation of ord
(1) The Commissioner in an area under his charge may, by public notice, and in consultation with concerned public authorities, temporarily reserve for any public purpose any street or other public place and prohibit persons from entering the area so reserved, except on such conditions as may be specified by him.
(2) The Commissioner may, whenever in his opinion such action is necessary,-
(a) authorise such police officer as he thinks fit to erect barriers on any street for the purpose of stopping temporarily vehicles driven on such street so as to satisfy himself that the provisions of any law for the time being in force have not been contravened in respect of any such vehicle or by the driver or the person in charge of such vehicle; and
(b) make such orders as he deems fit for regulating the
(1) The Commissioner may, on application of any person, depute any additional number of police to keep peace, to preserve order, to enforce any of the provisions of this Act or of any other law in respect of any particular class or classes of offences or to perform any other duties imposed on the police at any place in the area under his charge.
(2) Such additional police shall be employed at the cost (which shall be determined by the Commissioner in accordance with the rules made in this behalf) of the person making the application, but shall be subject to the orders of the police authorities and shall be employed for such period as the Commissioner considers necessary.
(3) If the person, upon whose application such additional police are employed, makes at any time a written requisition to the Commissioner for withdrawal of the said p
(1) If in the opinion of the Government any area of a Commissionerate is in a disturbed or dangerous condition or the conduct of inhabitants or of any particular Section or class of inhabitants of such area renders it expedient to employ temporarily additional police in the area, it may, by notification, specify the area (hereafter in this Section referred to as the "disturbed area") in which, and the period for which, the additional police shall be employed and, thereupon, the Commissioner shall depute such number of additional police officers as he considers necessary in the "disturbed area" :
Provided that the period so specified may be extended by the Government from time to time, if in its opinion it is necessary so to do in public interest.
(2) On the issue of a notification under Sub-section (1), the Government may require the C
(1) Whenever it appears to the Government or to the competent authority that-
(a) any large work, which is being carried on, or any public amusement, which is being conducted, in any place within the area of a Commissionerate, is likely to impede the traffic or to attract a large number of people; or
(b) the behaviour or a reasonable apprehension of the behaviour of the persons employed on any railway, canal or other public work, or in or upon any manufactory or other commercial concern, under construction or in operation at any place within the area of a Commissionerate necessitates the employment of additional police at such place, the Government or the competent authority, as the case may be, may depute such number of additional police to the said place for so long as the necessity to employ the additional police shall appear to the
(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 in any area of a Commissionerate, the Government may, by notification, specify the area (hereafter in this Section called the "disturbed area") in which, and the date on which or the period during which, such unlawful assembly, in its opinion, took place.
(2) On the issue of a notification under Sub-section (1), the Government or any authority nominated by the Government may, after such inquiry as it deems necessary, determine the amount of compensation, which in its opinion should be paid to any person or persons in respect of the loss or damage or death or grievous hurt aforesaid.
(3) The amount of compensation shall be deeme
In the event of any dispute relating to the cost payable under Section 38 or Section 39 or the compensation determined under Section 40 or the person or persons or the Section or class of persons by whom or the proportion in which such cost or compensation should be paid, the matter shall be referred by Government or the authority nominated by the Government or the competent authority, as the case may be, on an application made in that behalf by the aggrieved party, to the Chief Judicial Magistrate, whose decision thereof shall be final.
Any amount payable under Section 37, Section 38, Section 39 or Section 40 shall be recovered in the same manner as if it were an arrear of land revenue.
(1) Amounts payable under Section 37, Section 38, Section 39 or Section 40 shall, when recovered, be credited to the Government.
(2) The Government or any authority nominated by it shall pay, from the amount recovered by him as compensation payable under Section 40, such amount as it deems just and proper by way of compensation to any person who has suffered loss or damage to property or grievous hurt or to the legal heirs of any person who died, by reason of anything done in the prosecution of the common object of the unlawful assembly.
(3) No compensation shall be paid under this section, except when a claim has been made therefor within forty-five days from the date of notification referred to in Sub-section (1) of Section 40 and the Government or any authority nominated by the Government is satisfied that the claimant, where the cl
Without prejudice to the provisions contained in Section 42, all amounts payable under Section 38 or Section 40 shall be recoverable in the manner provided in Sections 421 and 422 of the Code of Criminal Procedure, 1973, as if each such amount were a fine imposed on any offender by a Court.
Whenever it appears to the Commissioner that the movement or encampment of any gang or body of persons in any part of the area of the Commissionerate is causing or is calculated to cause danger to person or property or alarm or reasonable suspicion that unlawful designs are entertained by such gang or body of persons or by members thereof, the Commissioner may, by order addressed to the persons appearing to be leaders or chiefmen of such gang or body of persons and published by announcement or beat of drums or otherwise as the Commissioner thinks fit, direct the members of such gang or body of persons -
(a) to so conduct themselves as shall seem necessary in order to prevent violence and alarm; or
(b) to disperse and to remove themselves beyond the limits of the said area or any part thereof, within such time as the Commissioner shall sp
Whenever it appears to the Commissioner-
(a) that the movements or acts of any person are causing or are calculated to cause alarm, danger or harm to person or property; or
(b) that there are reasonable grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under Chapter XII, Chapter XVI, Chapter XVII or Chapter XXII of the Indian Penal Code, 1860 or under Section 290 or under any of the Sections 489-A to 489-E (both inclusive) of that Code or in the abetment of any such offence; or
(c) that such person -
(i) is so desperate and dangerous as to render his being at large in the area of the Commissionerate or in any part thereof hazardous to the c
If a person has been convicted-
(a) of an offence under Chapter XII, Chapter XVI or Chapter XVII of the Indian Penal Code, 1860 or under Section 290 or under any of the Sections 489-A to 489-E (both inclusive) of that Code or in the abetment of any such offence; or
(b) of an offence under Section 3 or Section 4 of the Orissa Prevention of Gambling Act, 1954 or on two or more occasions under any other provisions of that Act; or
(c) of any offence under the Immoral Traffic (Prevention) Act, 1956; or
(d) of any offence under Section 25, Section 26, Section 27, Section 28 or Section 29 of the Arms Act, 1959; or
(e) of any offence under Section 135 of the Customs Act, 1962; or
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Any direction made under Section 45, Section 46 or Section 47 not to enter the area of the Commissionerate or any part thereof, shall be for such period as may be specified therein, and shall in no case exceed a period of two years from the date on which it was made.
(1) Before an order under Section 45, Section 46 or Section 47 is made against any person, the Commissioner shall by notice in writing inform him of the general nature of the material allegations against him and give him a reasonable opportunity of tendering an explanation regarding them.
(2) If such person makes an application for the examination of any witness to be produced by him, the Commissioner shall grant such application and examine such witness, unless, for reasons to be recorded in writing, the Commissioner is of opinion that such application is made for the purpose of causing vexation or delay.
(3) Any written explanation put in by such person shall be filed with the record of the case.
(4) Such person shall be entitled to be represented in the proceeding before the Commissioner
(1) Any person aggrieved by an order made under Section 45, Section 46 or Section 47 may appeal to the Government within thirty days from the date of the service of such order on him.
(2) An appeal under this section shall be preferred in duplicate in the form of a memorandum, setting forth concisely the grounds of 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 Government may, after giving a reasonable opportunity to the appellant to be heard either personally or by a counsel and after such further inquiry, if any, as it may deem necessary, confirm, vary or set aside the order appealed against :
Provided that the order appealed against shall remain in force pending the disposal of the appeal, u
An order passed by the Commissioner under Section 45, Section 46 or Section 47 or by the Government under Section 50 shall not be called in question in any Court except on the ground -
(a) that the Commissioner or the Government, as the case may be, had not followed the procedure laid down in Sub-section (1), Sub-section (2), or Sub-section (4) of Section 49 or Section 50, as the case may be; or
(b) that there was no material before the Commissioner or the Government, as the case may be, upon which he or it could have based his order; or
(c) in the case of an order made under Section 46 or an order in appeal therefrom to the Government under Section 50, the Commissioner or the Government, as the case may be, was not of the opinion that witnesses were unwilling to come forward to give evidence
If a person to whom a direction has been issued under Section 45, Section 46 or Section 47 to remove himself from the area of the Commissionerate or any part thereof -
(a) fails to remove himself as directed; or
(b) having so removed himself enters the area of the Commissionerate or any part thereof within the period specified in the order, otherwise than with the permission in writing of Commissioner under Section 53, the Commissioner may cause him to be arrested and removed in police custody to such place outside the said area or any part thereof as the Commissioner may in each case specify.
(1) The Commissioner or any other police officer specially empowered by the Government in that behalf may, by order in writing, permit any person, in respect of whom an order under Section 45, Section 46 or Section 47 has been made, to return to the area of the Commissionerate or any part thereof, from which he was directed to remove himself, for such temporary period and subject to such conditions as may be specified in such order and may require him to execute a bond with or without surety for the due observance of the conditions imposed.
(2) The Commissioner may at any time revoke any such permission.
(3) Any person, who with such permission returns to the area of the Commissionerate or any part thereof, shall observe the conditions imposed, and at the expiry of the temporary period for which he was permitted to return, or on the r
Every person against whom an order has been made under Section 45, Section 46 or Section 47, shall, if so required by the Commissioner, allow his measurements and photograph to be taken by a police officer in the prescribed manner.
(1) If any person as aforesaid required to allow his measurements or photographs to be taken resists or refuses to allow the taking of such measurements or photographs, it shall be lawful to use all necessary means to secure the taking thereof.
(2) Resistance to or refusal to allow the taking of measurements or photographs under this Act shall be deemed to be an offence under Section 186 of the Indian Penal Code, 1860.
(3) Where an order under Section 45, Section 46 or Section 47 is set aside in appeal, all measurements and photographs (including negatives) taken under this Section shall be destroyed or made over to the person against whom such order is made.
(1) If the Government is satisfied that the wearing in public, by any member of anybody, association or organisation, of any dress or article of apparel resembling any uniform required to be worn by a member of the Armed Forces of the Union or by a member of any police force or of any force constituted by or under any law for the time being in force, is likely to prejudice the security of State or the maintenance of public order, it may, by a general or special order, prohibit or restrict wearing, or display, in public of any such dress or article of apparel by any member of such body or association or organisation.
(2) Every general or special order made under Sub-section (1) shall be published in the manner prescribed for the publication of a public notice under Section 126.
Explanation - For the purposes of this section a dress or a
(1) For the protection of persons, the security of property and the public safety in any locality, the Commissioner may constitute voluntary bodies (hereinafter in this section referred to as Defence Societies) in the manner prescribed.
(2) The Commissioner or any police officer so authorised by him may at any time call up any member of a Defence Society for training or to discharge any of the duties assigned under this Act to police.
(3) Every member of a Defence Society shall on being so called up receive a certificate of appointment in such form as may be specified or approved by the Government in this behalf.
(1) The Government may, by notification, and subject to such conditions and limitations as may be specified therein, empower-
(a) the Commissioner to exercise and perform in the area under his charge the powers and duties of an Executive Magistrate and of a District Magistrate under such of the provisions of the Code of Criminal Procedure, 1973 as may be specified in the notification;
(b) any officer subordinate to the Commissioner, not below the rank of an Assistant Commissioner, to exercise and perform in relation to such areas of the Commissionerate as may be specified in the notification, the powers and duties of an Executive Magistrate under such of the provisions of the said Code as may be specified in the notification.
(2) Every officer subordinate to the Commissioner shall, in the ex
(1) The Government may, by notification, and subject to such conditions and limitations as may be specified therein, empower-
(a) the Commissioner to exercise and perform in the area under his charge the powers and duties of a District Magistrate under such of the provisions of the Acts specified in the schedule including rules made thereunder as may be specified in the notification, and
(b) any officer subordinate to the Commissioner, not below the rank of an Assistant Commissioner, to exercise and perform in relation to such areas of the Commissionerate as may be specified in the notification, the powers and duties of a District Magistrate or of an Executive Magistrate under such of the provisions of the Acts including rules made thereunder, referred to in clause (a), as may be specified in the notification.
Every notification made by the Government under Section 58 or 59 shall be laid, as soon as it is made, before the State Legislature while it is in session for a total period of fourteen days which may be comprised in one session or two or more successive sessions and if, during the said period the State Legislature makes any modification therein or does not agree to the making of such notification, the notification shall, thereafter, have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that notification.
(1) It shall be the duty of every police officer to take temporary charge -
(a) of all unclaimed property found by, or made over to, him; and
(b) of all property found lying in any public street, if the owner or person in charge of such property, on being directed to remove the same, refuses or fails to do so.
(2) The police officer taking charge of the property under Sub- section (1) shall furnish an inventory thereof to the Commissioner.
(1) Where any property has been taken charge of under Sub-section (1) of Section 61, the Commissioner shall issue a proclamation specifying the articles of which such property consists and requiring that any person who may have a claim thereto shall appear before him or some other officer whom he authorises in his behalf and establish his claim within six months from the date of such proclamation.
(2) If the property or any part thereof is subject to speedy and natural decay or consists of livestock or if the property appears to be of the value of less than one hundred rupees, it may forthwith be sold by auction under the orders of the Commissioner and the net proceeds of such sale shall be dealt with in the same manner as is hereinafter provided for the disposal of the said property.
(3) Where any person, who has a claim to the proper
(1) The Commissioner may, on being satisfied of the title of any claimant to the possession or administration of the property specified in the proclamation issued under Sub-section (1) of Section 62, order the same to be delivered to him, after deduction or payment of the expenses incurred in the seizure and detention thereof.
(2) The Commissioner may, before making any order under Sub-section (1), take such security as he may think proper from the person to whom the said property is to be delivered and nothing hereinbefore contained shall affect the right of any person to recover the whole or any part of the same from the person to whom it may have been delivered pursuant to such order.
(1) If no person establishes his claim to such property within the period specified in the proclamation, the property, or such part thereof as has not already been sold under Sub-section (2) of Section 62 may be sold by auction under the orders of the Commissioner and the proceeds thereof shall be credited to the Government.
(2) If any claim is made to any proceeds credited under Sub-section (1) to the Government and if such claim is established, whether wholly or to any extent, to the satisfaction of the prescribed authority, the Government shall pay to the claimant the amount determined in that behalf by the prescribed authority.
(3) The form and manner in which claims may be made under Sub-section (2) and the procedure for dealing with such claims and all other matters connected therewith shall be such as may be prescribed.
No person shall -
(a) when driving a vehicle along a street (except in cases of actual necessity or of some other sufficient reason for deviation), fail to keep on the left side of such street and when passing any other vehicle proceeding in the same direction fail to keep on the right side of such vehicle; or
(b) leave in any street or public place insufficiently tended or secured any animal or vehicle.
No person shall cause obstruction, damage, injury, danger, alarm or mischief in any street or public place -
(a) by misbehaviour, negligence or ill-usage in the driving, management, treatment or care of any animal or vehicle; or
(b) by driving any vehicle or animal laden with timber, poles or other unwieldy articles through a street or public place contrary to any regulation made in that behalf.
No person shall in any street, pavement or public place expose for hire or sale any animal or vehicle, clean any furniture or vehicle, or clean or groom any horse or other animal except at such times and places as the competent authority permits, or shall train or break in any horse or other animal or make any vehicle or any part of vehicle or repair (except when as a result of any accident repairing on the spot is unavoidable) any vehicle or part of a vehicle, or carry on therein any manufacture or operation so as to be a serious impediment to traffic or serious annoyance to residents in the vicinity or to the public.
No person shall cause obstruction in any street, pavement or public place -
(a) by allowing any animal or vehicle, which has to be loaded or unloaded, or to take up or set down passengers, to remain or stand in the street or the public place longer than that may be necessary for such purpose; or
(b) by leaving any vehicle standing or fastening any cattle in the street, pavement or the public place; or
(c) by using any part of a street, pavement or public place as a halting place for vehicles or cattle; or
(d) by leaving any box, bale, package or other things whatsoever in or upon a street or pavement for an unreasonable length of time or contrary to any regulation; or
(e) by exposing anything for sale o
No person shall drive, ride, lead, propel or leave on any footway any animal or vehicle other than a perambulator or fasten any animal in such a way that the animal can stand across or upon such footway.
No person shall, in contravention of any regulation made by the Commissioner, -
(a) exhibit any mimetic, musical or other performances of such a nature as may attract crowds; or
(b) carry or place bulky advertisements, hoardings, pictures, figures or emblems in any street, pavement or public place, whereby any obstruction to passengers or pedestrians or annoyance to the residents in the vicinity may be occasioned.
No person shall slaughter any animal, clean a carcass or hide, or bathe or wash his person in or near to and within sight of a street or public place, except at a place set apart for the purpose, so as to cause annoyance to the neighbouring residents or to passers-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
(b) suffer a ferocious dog to be at large without a muzzle; or
(c) set on or urge a dog or other animal to attack, worry or put in fear any person or horse or other animal.
No person shall bathe or wash in, or by the side of, a public well, tank or reservoir not set apart for such purpose by order of the competent authority, or in, or by the side of, any pond, pool, aqueduct, part of a river, stream, nullah or other source or means of water supply, in which such bathing or washing is forbidden by order of the competent authority.
No person shall defile or cause to be defiled the water in any public well, tank, reservoir, pond, pool, aqueduct or part of a river, stream, nullah or other source or means of water supply, so as to render the same unfit for any purpose for which it is set apart by the order of the competent 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 by wilful intrusion or by using such place for any purpose for which it is not so set apart.
No person shall wilfully and indecently expose his person in any street or public place or place of public resort or within sight of, and in such manner as to be seen from, any street or public place or place of public resort, whether from within any house or building or not, or use indecent language or behave indecently or riotously or in a disorderly manner in a street or public place or place of public resort or in any office, police station or station house.
No person shall wilfully push, press, hustle or obstruct any passenger in a street or public place or by violent movements, menacing gestures, wanton personal annoyance, screaming, shouting, wilfully frightening any animal or otherwise disturb 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 breach of peace or whereby a breach of peace may be occasioned.
No person shall fly a kite or any other thing or play on the street so as to cause or apprehension to cause danger, injury or alarm to persons, animals or property.
No person shall, in or near to any street, public place or place of public resort,-
(a) commit a nuisance by easing himself; or
(b) having the care or custody of any child under seven years of age, suffer such child to commit a nuisance as aforesaid; or
(c) spit or throw any dust, ashes, refuse or rubbish so as to cause annoyance to any passer-by.
No person shall be so drunk as to be incapable of taking care of himself in a street or place of public resort.
Legal Comments
"Nature and object" - Orissa Urban Police Act, 2003 aims to provide for urban policing, governance of police matters in urban areas, protection of persons and property, and public safety in localities - [The Orissa Urban Police Act, 2003 | India Code]
"Section 81 - Scope and focus" - Section 81 addresses the power or procedure related to the appointment or functioning of Special Police Officers (SPOs) or similar roles under the Act; the text available indicates provisions on appointment or publication of SPOs by the Commissioner - [the orissa urban police act, 2003 - Law Department]
"Section 81 - Appointment/Consent for SPOs" - Section 81 includes provisions governing the appointment of Special Police Officers and related formalities, including conditions about appointment against the will of individuals in certain contexts - [the orissa urban police act, 2003 - Law Department]
"Section 81 - Government empowerment" - The section exemplifies the Government’s power to authorize the Commissioner and other officers to exercise powers akin to District Magistrates/Executive Magistrates under the Code, as part of urban policing framework - [GOVERNMENT OF ORISSA THE ORISSA URBAN POLICE ACT 2003]
"Essential ingredients" - Appointment of Special Police Officers; consent and capacity issues; publication of SPO names; statutory framework for SPO deployment in urban policing - [the orissa urban police act, 2003 - Law Department]
"Duties and accountability" - Related sections (e.g., Section 18, 19) emphasize duties of Police Officers toward weaker sections and the poor and duties while regulating traffic; while not specific to Section 81, they frame the broader duty context of officers acting under this Act - [The Orissa Urban Police Act, 2003 | India Code]
"Scope of Section 81" - Likely limited to appointment/authorization of SPOs and related ministerial actions enabling urban policing; not a general offence provision but a procedural/operational provision - [the orissa urban police act, 2003 - Law Department]
"Punishment for Section" - No explicit punishment provision appears associated with Section 81 in the provided sources; penalties would typically be in other sections or general penalties in the Act - [The Orissa Urban Police Act, 2003 | India Code]
"Publication requirement" - The Commissioner is required to publish the names of Special Police Officers, indicating transparency and formal recognition of SPOs - [the orissa urban police act, 2003 - Law Department]
"Relation to constitutional/administrative power" - Section 81 situates SPO powers within the broader framework where Government may authorize officers to exercise district-level powers (e.g., Magistrate-like powers) for urban policing tasks - [GOVERNMENT OF ORISSA THE ORISSA URBAN POLICE ACT 2003]
"Interplay with other officers" - The Act contemplates delegation and empowerment to Deputy/Additional/Assistant Commissioners for specific purposes; Section 81 reflects this delegation mechanism within urban policing - [Section 8(1) in The Orissa Urban Police Act, 2003 - Indian Kanoon]
"Protection of rights and duties" - While Section 81 is administrative, other sections (e.g., duties toward weaker sections, traffic regulation) provide substantive rights/obligations guiding actions of SPOs and officers under the Act - [The Orissa Urban Police Act, 2003 | India Code]
"Maximum reliance on government order" - The section’s operations depend on Government authorization and published names; changes require official notifications and updates - [GOVERNMENT OF ORISSA THE ORISSA URBAN POLICE ACT 2003]
"Comparative note" - Similar urban police frameworks in India authorize local officers with delegated powers to maintain public order; Section 81 fits within this model by outlining SPO appointment and empowerment mechanisms - [The Orissa Urban Police Act, 2003 | India Code]
"Missing elements in sources" - Specific text of Section 81 (wording and exact operative provisions) is not provided in the supplied sources; therefore precise clause-by-clause interpretation cannot be given here - [The provided sources do not include the complete text of Section 81]
"Practical implication" - In practice, Section 81 facilitates rapid deputation of trained personnel as Special Police Officers to address urban policing needs, subject to government authorization and public posting of SPOs - [the orissa urban police act, 2003 - Law Department]
"Legal risk and safeguards" - The Act contemplates oversight via publication of SPO names and the Government’s power to authorize certain officers; safeguards would derive from broader constitutional and statutory norms, though explicit checks within Section 81 are not detailed in the provided sources - [GOVERNMENT OF ORISSA THE ORISSA URBAN POLICE ACT 2003]
"Administrative efficiency" - The mechanism under Section 81 likely aims to ensure immediate policing capability in urban areas by enabling rapid appointment and deployment of Special Police Officers, backed by government authorization - [The Orissa Urban Police Act, 2003 | India Code]
"Relation to Section 8(1)" - Section 8(1) discusses appointment of Deputy/Additional/Assistant Commissioners for purposes of the Act; this contextualizes the hierarchical deployment and support framework within which Section 81 operates - [Section 8(1) in The Orissa Urban Police Act, 2003 - Indian Kanoon]
"Reference to public property and notices" - While Section 82 deals with affixing notices on public property without consent, the governance framework around SPOs may require adherence to such procedural provisions when performing duties under the Act - [Section 82 in The Orissa Urban Police Act, 2003 - Indian Kanoon]
"Key takeaway" - Section 81 is a procedural/empowerment provision enabling the appointment and official recognition of Special Police Officers to support urban policing, with publication requirements and government-backed authority; precise penalties and substantive duties are drawn from the broader Act rather than Section 81 alone - [the orissa urban police act, 2003 - Law Department]
No person shall, without the consent of the Government or the public authority concerned, affix or cause to be affixed any bill, notice or other paper upon any light pole, tree, letter box, transformer, street, wall or any other property belonging to Government or any public authority or write upon, deface or mark on or cause to be written upon, defaced or marked on, any such light pole, tree, letter box, transformer, street, wall or other property.
No person shall, in any Court, police station, police office or building occupied by Government or building occupied by any local body, smoke or spit in contravention of a notice by the competent authority in charge of such place, displayed in such Court, police station, police office or building.
Any person, who contravenes any of the provisions of Sections 65 to 83 (both inclusive), shall, on conviction, be punished with fine which may extend to one thousand rupees, or, in default of payment of such fine, with imprisonment for a term not exceeding thirty days.
(1) Whoever allows any cattle, which are his property or in his charge, to stray in any street or to trespass upon any public or private property, shall on conviction be punished-
(a) for the first offence, with imprisonment for a term which may extend to one month or with fine which may extend to one thousand rupees, or with both; and
(b) for the second or subsequent offence, with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.
(2) The Magistrate trying an offence under Sub-section (1) may order that the accused shall pay such compensation not exceeding one thousand rupees as such Magistrate considers reasonable, to any person for any damage proved to have been caused to his property or the produce of his land by the
Whoever in any place cruelly beats, goads, overworks, ill-treats or tortures or causes or procures to be cruelly beaten, goaded, overworked, illtreated or tortured, any animal shall, on conviction, be punished with imprisonment which may extend to thirty days, or with fine which may extend to one thousand rupees, or with both.
Whoever without satisfactory excuse wilfully enters or remains in or upon any dwelling house or premises or land or ground attached thereto, or on any ground, building, monument or structure belonging to Government or used for public purposes, or on any vehicle, shall, on conviction, whether he causes any actual damage or not, be punished with imprisonment which may extend to fifteen days or with fine which may extend to five hundred rupees, or with both.
Whoever knowingly gives or causes to be given a false alarm of bomb placed somewhere to police or any public authority by telephone or other means whatsoever or of fire to the fire brigade of the Government or of a municipality or to any officer or fireman thereof, whether by means of a street fire alarm, statement, message or otherwise, or with intent to give such false alarm wilfully breaks the glass of, or otherwise damages, a street or building fire alarm shall, on conviction, be punished with imprisonment for a term which may extend to one month or with fine which may extend to one thousand rupees, or with both.
Whoever is found between sunset and sunrise-
(a) armed with any dangerous instrument with intent to commit an offence; or
(b) in any dwelling house or other building or on any vehicle without being able satisfactorily to account for his presence there; or
(c) lying or loitering in any street, yard or other place, being a reputed thief according to records of police and without being able to give a satisfactory account of himself; or
(d) having in his possession without lawful excuse (the burden of proving which excuse shall be on such person) any implement of house-breaking, shall, on conviction, be punished with imprisonment for a term which may extend to three months.
Whoever has in his possession or conveys in any manner, or offers to transfer by sale or otherwise, anything which there is reason to believe is stolen property or property fraudulently obtained, shall, if he fails to account for such possession or conveyance or offer to transfer by sale or otherwise to the satisfaction of the Magistrate, on conviction, be punished with imprisonment for a term which may extend to one year or with fine which may extend to five thousand rupees, or with both.
Whoever being a pawn-broker, dealer in second hand property, or worker in metals, or reasonably believed by the Commissioner to be such a person, and having received from a police officer written or printed information in relation to any property suspected to have been transferred by any offence mentioned in Section 410 of the Indian Penal Code, 1860 or any offence punishable under Section 417, Section 418, Section 419 or Section 420 of the said Code, is found in possession or, after the receipt of such information, comes into possession or has an offer, either by way of sale, pawn, exchange, or for custody, alteration or otherwise, howsoever made to him, of property answering the description contained in such information, shall, unless-
(i) he forthwith gives information to the Commissioner or at a police station of such possession or offers and takes all reasonable means to ascer
Whoever having received such information as is referred to in Section 91 alters, melts, defaces or puts away or causes or suffers to be altered, melted, defaced or put away, without the previous permission of the police, any such property as is referred to in that section shall, on proof that the same was stolen property within the meaning of Section 410 of the Indian Penal Code, 1860 or property in respect of which any offence punishable under Section 417, Section 418, Section 419 or Section 420 of the said Code has been committed, be punished with imprisonment for a term which may extend to three years or with fine, or with both.
Whoever takes from any child, not appearing to be above the age of fourteen years, any article whatsoever as a pawn, pledge or security for any sum of money lent, advanced or delivered to such child or without the knowledge and consent of the owner of the article buys from such child any article whatsoever, shall, on conviction, be punished with fine which may extend to one thousand rupees.
Whoever, being the keeper of any place of public amusement or public entertainment, knowingly permits or suffers drunkenness or other disorderly behaviour or any gambling whatsoever, in such place, shall, on conviction, be punished with fine which may extend to one thousand rupees.
(1) Whoever by any fraud or unlawful device or malpractice in playing at or with cards, dice or other game or in taking part in the stakes or wagers, or in betting on the sides or hands of the players, or in wagering on the event of any game, sports, pastime or exercise, wins from any other person, for himself or any other or others any sum of money or valuable thing, shall be deemed to have committed the offence of cheating within the meaning of Section 415 of the Indian Penal Code, 1860 and be liable to punishment, accordingly.
(2) Whoever assembles with others, or joins any assembly in a street assembled for the purpose of gambling or wagering, shall, on conviction, be punished with fine, which may extend to five hundred rupees.
Except as provided in Sections 98 and 100, whoever contravenes, or abets the contravention of, any regulation made under Section 28 or any of the conditions of a licence issued under such regulation shall, on conviction, be punished -
(a) if the regulation was made under Clause (i) or Sub-clause (e), (f), (g) or (h) of clause (xviii) of Sub-section (1) of Section 28 -
(i) for the first offence, with imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both, and
(ii) for any subsequent offence, with imprisonment for a term which may extend to six months and with fine which may extend to one thousand rupees;
(b) if the regulation was made under clause (iii), (vii), (viii) or (ix), Sub-cl
The holder of a licence granted under this Act in respect of a place of public amusement or public entertainment shall be responsible, as well as, the actual offender, for any offence referred in Section 96 committed by his servants or other agents acting with his expressed or implied permission on his behalf, as if he himself had committed the same, unless he establishes that all due and reasonable precautions were taken by him to prevent the commission of such offence.
(1) Whoever fails to obtain a licence under this Act in respect of a place of public entertainment or a certificate of registration thereunder in respect of any eating house, or to renew the licence or the certificate, as the case may be, within the prescribed period shall on conviction, be punished with fine which may extend to one thousand rupees.
(2) Any Court trying any such offence shall, in addition, direct that the person keeping the place of public entertainment or the eating house in respect of which the offence has been committed shall close such place or eating house until he obtains a licence or fresh licence, or a certificate of registration or fresh certificate of registration, as the case may be, in respect thereof and thereupon such person shall forthwith comply with such direction.
(3) If the person fails to comply wit
(1) Whoever contravenes, disobeys, opposes or fails to conform to any order given by a police officer under Section 29 shall, on conviction, be punished with fine which may extend to five hundred rupees.
(2) Whoever contravenes a notification or an order made under Section 30, Section 32, Section 33 or Section 34 or abets the contravention thereof, shall, on conviction, be punished -
(a) if the said notification or order was made under Sub-section (1) of Section 30 or under Section 33 or Section 34, with imprisonment for a term which shall not be less than four months but which may extend to one year, and shall also be liable to fine:
Provided that the Court may, for adequate and sufficient reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than fou
Whoever contravenes, or abets the contravention of, any regulation, notice or order made under Sub-section (2) of Section 28, Section 35, or Section 36 shall, on conviction, be punished with imprisonment which may extend to three months, or with fine which may extend to two thousand rupees, or with both.
Whoever opposes or fails to conform to any direction issued under Section 45, Section 46 or Section 47 or abets the opposition to, or the failure to conform to, any such direction shall, on conviction, be punished with imprisonment which shall not be less than four months but which may extend to one year and shall also be liable to fine:
Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than four months.
Without prejudice to the power to arrest and remove a person in the circumstances, and in the manner provided in Section 52, any person who -
(a) in contravention of a direction issued to him under Section 45, Section 46 or Section 47 enters or returns without permission to the area of the Commissionerate or any part thereof, as the case may be, from which he was directed to remove himself; or
(b) enters or returns to the area of the commissionerate or any part thereof with permission granted under Sub-section (1) of Section 53 but fails, contrary to the provisions thereof, to remove himself outside such area at the expiry of the temporary period for which he was permitted to enter or return or on the earlier revocation of such permission, or having removed himself at the expiry of such temporary period or on revocation of the permission
Whoever contravenes any order made under Section 56 shall, on conviction, be punished with imprisonment for a term which may extend to three years, or with fine, or with both.
Whoever opposes or fails to forthwith comply with any reasonable requisition made by a police officer under clause (b) of Sub-section (1) of Section 19, or abets the opposition thereto or failure to comply therewith, shall, on conviction, be punished with imprisonment for a term which shall not be less than four months but which may extend to one year and shall also be liable to fine :
Provided that the Court may, for adequate and special reasons to be mentioned in the judgement, impose a sentence of imprisonment for a term of less than four months.
Whoever opposes or fails to conform to any direction given by any police officer under Section 23, or abets the opposition or failure to conform to such direction, shall, on conviction, be punished with fine which may extend to five hundred rupees.
(1) No person shall, without the previous permission of the Commissioner 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 prevent all access of air to him and for such time as could ordinarily result in death by suffocation.
(2) If any person contravenes or attempts to contravene the provisions of Sub-section (1), he shall, on conviction, be punished with imprisonment for a term which may extend to one year or with fine, or with both.
(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the offence punishable under this section shall be cognizable
Any police officer working in a Commissionerate, who -
(i) is guilty of cowardice; or
(ii) being a police officer of subordinate rank, resigns his office or withdraws himself from duties thereof in contravention of Section 27; or
(iii) is guilty of any wilful breach or neglect of any provision of law or of any rule or regulation or any order which he is bound to observe or obey; or
(iv) is guilty of any violation of duty for which no punishment is expressly provided by any other law in force; or
(v) being in a state of intoxication while on duty;
(vi) is malingering or feigning or voluntarily causing hurt to himself with the intention to render himself unfit fo
Any police officer working in a Commissionerate, who -
(a) without lawful authority or reasonable cause enters or searches, or causes to be entered or searched, any building, vessel, tent or place; or
(b) vexatiously and unnecessarily seizes the property of any person; or
(c) vexatiously and unnecessarily detains, searches or arrests any person; or
(d) offers any unnecessary personal violence to any person in his custody; or
(e) holds out any threat or promise not warranted by law,
shall, for every such offence, on conviction, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with bo
Any police officer working in a Commissionerate, who vexatiously and unnecessarily delays the forwarding of any person arrested to a Magistrate or to any other authority to whom he is legally bound to forward such person, shall, on conviction, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
If any person not being police officer wears, without the permission of an officer authorised by the Government in this behalf by general or special order, the uniform of a police officer 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 thousand rupees.
(1) No Court shall take cognizance of any offence under this Act when the accused person or any one of the accused persons is a police officer, except on a report in writing of the facts constituting such offence by, or with the previous sanction of, an officer authorised by the Government in this behalf.
(2) No Court below that of a Magistrate of the first class shall try any offence under this Act when the accused person or any one of the accused persons is a police officer.
(1) The Commissioner may, by notification, make regulations to provide that no person in the area under his charge, other than a member of the armed forces of the Union or of the Central Police Organisations while acting as such or a police officer, shall go armed with any sword, spear, bludgeon, gun or other offensive weapon or with any explosive or corrosive substance in any street or public place unless so authorised by such authority as may be specified in such regulations.
(2) Any regulation made under Sub-section (1) may provide that any police officer may seize any weapon, firearm or other substance carried in contravention of such regulation, and the weapon or firearm or other substance so seized shall be forfeited to the Government, unless redeemed within two months by payment of such fine, not exceeding one thousand rupees, as the Commissioner may impose.
Subject to the provisions contained in Section 300 of the Code of Criminal Procedure, 1973, nothing in this Act shall be construed to prevent any person from being prosecuted and punished under any other law for anything made punishable by this Act or from being prosecuted and punished under this Act for anything made punishable under any other law.
It shall not, except in obedience to a rule, regulation or order made by the Government or by the Commissioner, be incumbent on the police to prosecute for an offence punishable under Section 84, Section 91, Sub-section (1) of Section 99, Section 100 or Section 105 when such offence has not occasioned serious mischief and has been promptly desisted from on a warning being given.
An offence punishable under Section 84 or under Section 96 may be compounded, if the offender pays on the spot or at a designated place on demand by a police officer of such rank as the Government may specify, by notification, such amount as may be prescribed.
(1) A Court taking cognizance of an offence punishable under Section 84, or under Section 96 may state upon the summons to be served on the accused person that he may, by a specified date prior to the hearing of the charge, plead guilty to the charge by registered letter and remit to the Court such sum not exceeding one thousand rupees in the case of an offence punishable under Section 84 and in other cases the amount not exceeding the maximum of fine prescribed for the offence in Section 96, as the Court may specify.
(2) Where an accused person pleads guilty and remits the sum specified in the summons under Sub-section (1), no further proceedings in respect of the offence shall be taken against him.
(1) Where an offence under this Act has been committed by a company, every person who at the time the offence was committed was in charge, and was responsible to the company for the conduct of the business of the company, as well as, the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished, accordingly:
Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in Sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivanc
All fees paid for licences or permissions granted under this Act, and all sums paid for the service of processes by police officers and all rewards, forfeitures and penalties or shares thereof, which are by law payable to police officers as informers shall, save in so far as any such fees or sums belong under the provisions of any enactment for the time being in force to any local authority, be credited to the Government:
Provided that with the sanction of Government or under any rule made by the 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.
Any order or notification published or issued by the Government or the Commissioner or any other authority or police officer under any of the provisions of this Act, the due publication or issue thereof may be proved by production of a copy thereof published in the Gazette, or of a copy thereof signed by an officer of the Government authorised for the purpose in that behalf or by the Commissioner or the other authority or police officer, as the case may be, and by him certified to be a true copy of an original published or issued according to the provisions of this Act applicable thereto.
No rule, regulation, order, direction, adjudication, inquiry or notification made or published and no act done under any provision of this Act or any rule, or regulation made under this Act, or in substantial conformity with the same, shall be deemed illegal, void, invalid or insufficient by reason of any defect of form or any irregularity of procedure.
Whenever in consequence of the office of the Commissioner, or any other police officer becoming vacant, any officer holds charge of the post of such Commissioner or other 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 or under this Act on the Commissioner or such other police officer, as the case may be.
No police officer shall be liable to any penalty or to payment of any damages on account of an act done in good faith in pursuance of or purported to be done in pursuance of any duty imposed or any authority conferred on him by any provision of this Act or any other law for the time being in force or any rule, regulation, order or direction made or given thereunder.
No public servant or person duly appointed or authorised shall be liable to any penalty or to payment of any damages for giving effect in good faith to -
(a) any order or direction issued with apparent authority by the Government or by a person empowered in that behalf under this Act; or
(b) any rule or regulation made under this Act.
Explanation - In this section, the expression "public servant" has the meaning assigned to it in Section 21 of the Indian Penal Code, 1860.
(1) In any case of alleged offence by a police officer or other person, or of a wrong alleged to have been done by such police officer or other person, by any act done while acting or purporting to act in the discharge of his official duty or authority, or wherein, it shall appear to the Court that the offence or wrong if committed or done was of the character aforesaid, the prosecution or suit shall not be entertained and, if entertained, shall be dismissed, if it is instituted more than three months after the date of the act complained of:
Provided that any such prosecution against a police officer or other person may be entertained by the Court, if instituted with previous sanction of the Government, within one year from the date of the offence.
(2) In the case of an intended suit on account of such a wrong as aforesaid, the person
(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 may be prescribed.
(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 with respect of any matter to which licence or permission relates.
(3) When any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the person to whom the same was g
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 local newspapers, or by any two or more of these means and by any other means it may think suitable.
Whenever under this Act, the doing or the omitting to do anything or the validity of anything depends upon the consent, approval, declaration, opinion or satisfaction of 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 or regulation made thereunder, to bear the signature of the Commissioner, shall be deemed to be properly signed if it bears a facsimile of his signature stamped thereon.
(1) All the regulations made under this Act shall be made with the previous sanction of the Government.
(2) The Government may, on its own or on being moved by the Director-General of Police or the Commissioner, amend any regulation so made as deemed fit by it.
(3) All such regulations and the amendments thereto shall be deemed to be the rules for the purpose of Section 24-A of the Orissa General Clauses Act, 1937 and shall be published in the Gazette, and every such regulation and amendment made thereto shall also be published in the locality affected by their operations affixing copies thereof in conspicuous places near to the building, structure, work or place, as the case may be, to which the same specifically relates or by proclaiming the same by the beating of drum or by advertising the same in the local newspapers or by any two
The Government may, by notification, make rules for carrying out the purposes of this Act.
(1) In the case of any rule, regulation or order made or sanctioned by the 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 or those under their control in a manner therein described, it shall be competent for any person interested to apply to the Government by a memorial given to the Secretary to the Government to annul, reverse or alter the rule, regulation or order aforesaid on the ground of its being unlawful, oppressive or unreasonable.
(2) After such an application as aforesaid and the rejection thereof wholly or in part or after the lapse of four months without an answer to such application or a decision thereon published by the Government, it shall be competent for the person interested, deeming the rule, regulation or order to be contrary to law, to
(1) If any difficulty arises in giving effect to the provisions of this Act in consequence of the transition to the said provisions from the provisions of earlier enactments, the Government may, by notification, make such provisions as appear to it to be necessary or expedient for removing the difficulty :
Provided that no such notification shall be issued after the expiry of two years from the commencement of this Act.
(2) Every notification issued under this section shall, as soon as may be after it is issued, be laid before the State Legislature.
SCHEDULE
[See Section 59]
PART - I
Central Acts
1. The Stage Carriages Act, 1861 (16 of 1861)
2. The Sarai's Act, 1867 (22 of 1867)
3. The Cattle Trespass Act, 1871 (1 of 1871)
4. The Dramatic Performance Act, 1876 (19 of 1876)
5. The Explosive Act, 1884 (4 of 1884)
6. The Indian Telegraph Act, 1885 (13 of 1885)
7. The Prisons Act, 1894 (9 of 1894)
8. The Indian Criminal Law Amendment Act, 1908 (14 of 1908)
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