POLICE (SIKKIM AMENDMENT) ACT, 1980

Act No. 7 of 1980

An Act to amend the Police Act, 1861 (No V of 1861) in its application to the State of Sikkim. WHEREAS it is expedient to amend the Police Act, 1861 (No V of 1861), in its application the State of Sikkim for the purposes and in the manner hereinafter appearing: Be it enacted by the Legislature of Sikkim in the Thirty-first Year of the Republic of India as follows:--

Read full Act

S.1 Short title and commencement

(1) This Act may be called the Police (Sikkim Amendment) Act, 1980.

(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

S.3 Isertion of new sections 34 A. and 34 B

After section 34 of the said Act, the following sections shall be inserted namely:-

S.34A Power to prohibit, restrict, regulate or impose conditions on the use of microphones etc.

(1)-If, in the opinion of the Magistrate of the district or Superintendent of Police of the district or sub-divisional Police officer, it is necessary so to do for the purpose of preventing annoyance to, or injury to the health of, the public or any section thereof, or for the purpose of maintaining public peace and tranquility, he may, by order, prohibit, restrict, regulate or impose conditions on the use or operation, in any area within his jurisdiction or in any vehicle within such area, of microphones, loudspeakers or other apparatus for amplifying human voice or for amplifying music or other sounds.

(2) The State Government may, on its own motion or on the representation of any person or persons aggrieved, modify, alter or cancel any order made under sub-section (1).

(3) A Police-officer, not below the rank of Sub-Inspector, may take such steps or use such force as may be reasonably necessary for securing compliance with any order made under sub-section (1) or an

S.34B Power to prohibit sale of tickets for admission to an entertainment except under the orders and at the place provided and price fixed etc.

(1) Any person who sells or attempts to sell tickets for admission to a place of entertainment, except under the orders of, and at the place provided for and price fixed in this behalf, by the proprietor of the entertainment shall on conviction before a Magistrate, be liable to imprisonment for a term which may extend to three months or fine which may extend to one hundred rupees or with both.

(2) Any Police-officer not below the rank of Head-Constable may take into custody, without warrant, any person who, in his view, commits any offence punishable under sub-section (1) or seize any tickets in respect of which he is satisfied that any such offence has been committed

(3) A Court trying any offence punishable under sub-section (1) may, without prejudice to any order or further order or orders that may, in its opinion, be passed in the case, direct the forfeiture of any ticket which may have been seized under sub-section (2).

Explanation;-In this Section:--