The
entire police-establishment
under a State Government shall for the purposes of this Act, be deemed to be one {See note to
section 8, infra, as to enrolment of the police force in certain places.} police force, and shall be formally enrolled; and shall
consist of such number of officers and men, and shall be constituted in such
manner, {The words " and the members of such force shall receive such pay
" omitted by the A.O.1937.} as shall from time to time be ordered by the
State Government {The words "subject in the case of officers of the
Indian Police of and
above the rank of Assistant Superintendent to the control of the Governor -
General of India in Council " as amended by Act 38 of 1920, s.2 and Sch.I, omitted, ibid.} {Inserted,
ibid.} [Subject to the provisions of this Act the pay and all other conditions of service of members of
the subordinate ranks of any police force
shall be such as may-be determined by the State Government. [STATE
AMENDMENTS [West Bengal [1] [After Section 2 The following
section shall be, and shall be deemed always to have been, inserted, namely:- "2A. Power
of State Government to make rules.- (1) Subject to the provisions of this Act, the State Government may make
rules relating to recruitment, conditions of service, disciplinary proceedings
and punishments in respect of members of the subordinate ranks of the police force. (2) Any rules, orders or regulations made before the
commencement of the Police (West
Bengal Amendment) Act,
1963, by any authority in respect of the aforesaid matters shall, in so far as
they are not inconsistent with the provisions of this Act, be deemed to have been validly
made and shall continue in force until other provisions are made in this
behalf.".] {Substitute by
the A.O.1937, for " The appointment of all police-officers other than those mentioned in section 4 of
this Act shall, under
such rules as the L.G. shall from time to time sanction, rest with the
Inspector-General, Deputy Inspectors-General, Assistant Inspectors-General and
District Superintendents of Police,
who may, under such rules as aforesaid, at any time dismiss, suspend, or reduce
any police-officer
"}[{Substitute by the A.O.1950 (as amended by C.O.29), for " Subject
to such rules"} [Subject to the provisions of article 311 of the Constitution, and to such rules] as the State Government
may from time to time make under this Act, the Inspector-General, Deputy Inspectors-General, Assistant
Inspector-General and District Superintendents of Police may at any time dismiss, suspend or reduce any police-officer of the subordinate
ranks] whom they shall think remiss or negligent in the discharge of his duty,
or unfit for the same; {Substitute
by Act 8 of 1895,
section 2, for " or fine any police-officer
to any amount not exceeding one month's pay who shall discharge his duty in a
careless or negligent manner, or who, by any act of his own, shall render himself unfit for the discharge
thereof,"} [or may award any one or more of the following punishments to
any police-officer
{Inserted by the A.O.1937} [of the subordinate ranks] who shall discharge his
duty in a careless or negligent manner, or who by any act of his own shall render
himself unfit for the discharge thereof, namely:- a) fine to any amount not exceeding one month's
pay; b) confinement to quarters for a term not
exceeding fifteen days, with or without punishment-drill, extra guard, fatigue
or other duty; c) deprivation of good-conduct pay; d) removal from any office of distinction
or special emolument.]{For clause (e), applicable to certain areas in the U.P.,
see U.P. Act 2 of 1944
} [STATE
AMENDMENTS [West Bengal [2] [In Section 7 The following
sections shall be, and shall be deemed always to have been substituted,
namely:- "7.
Punishment of subordinate ranks of the police force in disciplinary cases.- The appointing
authority, or an officer not lower in rank than the appointing authority, shall
be competent to inflict all punishments on the members of the subordinate ranks
of the police force in
disciplinary cases. 7A. Validity of
appointment, dismissal and punishment of subordinate ranks of the police force in certain cases.- Notwithstanding
anything contained elsewhere in this Act or in any rule, regulation or order made thereunder, all
appointments made by the Inspector-General or any other authority subordinate
to him, all orders of dismissal or removal from office passed by any such
authority, not being an authority subordinate to the authority by which the
respective appointments were made, and all orders inflicting any other
punishment passed by any authority, before the commencement of the Police (West Bengal
Amendment) Act, 1963, in
respect of the subordinate ranks of the police force shall be deemed to be, and to have always been,
validly passed.".] Any person who,
on any road or in any {Ins. by s.13, ibid.} [open place or] street or
thoroughfare within the limits of any town to which this section to shall be
specially extended by the State Government, commits any road of the following
offences, to the obstruction, inconvenience, annoyance, risk, danger or damage
of the { Subs by s.13, ibid., for " residents and passengers "}
[residents or passengers] shall, on conviction before a Magistrate, be liable
to a fine not exceeding fifty rupees, or to imprisonment [with or without hard
labour] { Ins. by Act 1
of 1903? s.3 and Sch.II } not exceeding eight days; and it shall be lawful for
any police-officer to take
into custody, without a warrant, any person who within his view commits any of
such offences, namely :-? (Powers of police-officers.) Slaughtering cattle ,furious riding, etc.- First.?Any person who
slaughters any cattle or cleans any carcass; any person who rides or drives any
cattle recklessly or furiously, or trains or breaks any house or other cattle: Cruelty to
animals.- Second--Any person who wantonly or cruelly beats, abuses or
tortures any animal: and Obstructing
passengers.- Third.?Any person who keeps any cattle or conveyance of any kind
standing longer than is required for loading or unloading or for taking up or
setting down passengers, or who leaves any conveyance in such a manner as to
cause inconvenience or danger to the public: Exposing goods
for sale.- Fourth.?Any person who exposes any goods of sale: Throwing dirt
into street.- Fifth.?Any person who throws or lays down any dirt, filth,
rubbish or any stones or building materials, or who constructs any cowshed,
stable or the like, or who cause any offensive matter to run from any house,
factory, dung incapable of taking care of himself: Being found
drunk or riotous.- Sixth.?Any person who is found drunk or riotous or who
incapable of taking care of himself: Indecent
exposure of person.- Seventh.?Any person who willfully and indecently exposes
his person, or any offensive deformity or disease, or commit nuisance by easing
himself, or by bathing or washing in any tank or reservoir not being a place
set apart for the purpose: Neglect to
protect dangerous places.- Eighth.?Any person who neglects to fence in or duly
to protect any well, tank or other dangerous place or structure. [STATE AMENDMENTS [West Bengal [3] [After Section 34 The following,
section shall be inserted, namely:- "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 any Sub-divisional Magistrate or Magistrate of the first class, 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 any such order as modified or altered by the State
Government under sub-section (2) and may seize any microphone, loudspeaker or
other apparatus used or operated in contravention of the order. (4) A police-officer,
who seizes any microphone, loudspeaker or other apparatus under sub-section
(3), may also at the same time seize any vehicle in which such microphone,
loudspeaker or other apparatus is being carried or conveyed or is being kept at
that time : Provided that
any police-officer of
the police-station within
the limits of which the vehicle is seized, not below the rank of Sub-Inspector,
may release such vehicle on a bond for such sum not exceeding five hundred
rupees as he deems reasonable being executed by the owner of the vehicle in
favour of the State Government to produce the vehicle at the time of the
investigation or the trial, and to surrender the vehicle, if directed to be
forfeited under sub-section (5). (5) Any person who contravenes any order made by the
Magistrate of the district or any Sub-divisional Magistrate or Magistrate of
the first class under sub-section (1) or any such order as modified or altered
by the State Government under sub-section (2) shall, on conviction before
a Magistrate, be liable to a fine which may extend to one hundred
rupees and the court trying an offence under this section may also direct the
forfeiture of any microphone, loudspeaker or other apparatus seized under
sub-section (3) or any vehicle seized under sub-section (4) or released under
the proviso to that sub-section. (6) The
provisions of this section shall be in addition to, and not in derogation of,
the powers conferred by any other section of this Act.".]]]POLICE ACT, 1861 (WEST BENGAL AMENDMENT)