UNITED PROVINCES PRADESHIK ARMED CONSTABULARY
ACT, 1948 THE UNITED PROVINCES PRADESHIK
ARMED CONSTABULARY ACT, 1948[1] [Act No. 40 of 1948] [13th December, 1948] Amended by-- U.P. Act No. XXVII of 1950. U.P. Act No. XXX of 1956. [Passed by the U.P. Legislative Assembly on October
18, 1948 and by the U.P. Legislative Council on November 5, 1948. An Act for the regulation of the (Pradeshik Armed Constabulary)[2]
Preamble - UNITED PROVINCES PRADESHIK ARMED
CONSTABULARY ACT, 1948PREAMBLE
Whereas it
is expedient to provide for the constitution and regulation of the United
Provinces Armed Constabulary; it is hereby enacted as follows:
Section 1 - Short title, extent and commencement
(1)
This Act may
be called the United Provinces Pradeshik Armed Constabulary Act, 1948.
(2)
It extends[3] to
the whole of [Uttar Pradesh].[4]
(3)
It shall
come into force at once.
Section 2 - Definitions
In
this Act, unless there is anything repugnant in the subject or context,--
(1) "Commandant", "Assistant
Commandant" and "Adjutant" mean persons appointed by the [State
Government][5] to those offices of
the [Pradeshik Armed Constabulary;][6]
(2) "Officer of the Pradeshik Armed
Constabulary" means a person appointed to the [Pradeshik Armed
Constabulary][7] under this Act, who has
in accordance with the provisions of this Act, signed a statement in the form
given in the Schedule;
(3) The expressions "reason to believe",
"criminal force" and "assault", have the meanings
respectively assigned to them in the Indian Penal Code (Act XLV of 1898);
(4) "Superior Officer" means in relation to
an officer of the [Pradeshik Armed Constabulary]2 any officer of a rank which
as prescribed is higher than that of such officer;
(5) [* * *][8]
(6) "Prescribed" means prescribed by rules
made under this Act.
Section 3 - Constitution of P.A.C
There
shall be raised and maintained by the [State Government][9] a
force to be called the [Pradeshik Armed Constabulary][10] and
it shall be constituted in one or more companies in such manner and for such
period as may be prescribed.
Section 4 - Enrolment and discharge of officers of the Pradeshik Armed Constabulary
Before
any person, whether already enrolled in [Uttar Pradesh][11] Police
Force under the Police Act, 1861 (Act V of 1861), or not so enrolled, is
appointed to be an officer of the [Pradeshik Armed Constabulary][12],
the statement in the schedule shall be read, and if necessary, explained to him
by a Magistrate, Commandant or Assistant Commandant, shall be signed by him in
acknowledgment of its having been so read and explained to him and shall be
attested by the Magistrate, Commandant or Assistant Commandant as the case may
be.
Section 5 - Members of P.A.C. to be deemed Police Officers
Subject
always to the provisions of sections 6 to 8 every member of the [Pradeshik
Armed Constabulary][13] shall,
upon his appointment and as long as he continues to be a member thereof, be
deemed to be a police officer and, subject to any terms, conditions, and
restrictions, as may be prescribed, to have and be subject to, in so far as they
are not inconsistent with this Act or any rules made thereunder, all the
powers, privileges, liabilities, penalties, punishments and protection as a
police officer duly enrolled has or is subject to by virtue of the Police Act,
1861 (Act V of 1861), or any other law for the time being in force, or any
rules or regulations made thereunder.
Section 6 - More heinous offences
An
officer of the [Pradeshik Armed Constabulary][14] who--
(a) begins, excites, causes or joins in any mutiny or
sedition, or being present at any mutiny or sedition does not use his utmost
endeavours to suppress it, or, knowing or having reason to believe in the
existence of any mutiny, or of any intention to mutiny, does not without delay
give information thereof to his commanding or other superior officer; or
(b) uses or attempts to use criminal force against or
commits an assault on his superior officer, whether on or off duty; or
(c) abandons or delivers up any post or guard which is
committed to his charge or which it is his duty to defend; or
(d) directly or indirectly holds correspondence with or
assists or relieves any person in arms against or hostile to [the Union][15],
or omits to disclose immediately to his commanding or other superior officer
any such correspondence coming to his knowledge; or
(e) deserts the service;
shall, on conviction, be punished with imprisonment
for life or with imprisonment for a term which may extend to fourteen years and
shall also be liable to fine.
Section 7 - Less heinous offences
An
officer of the [Pradeshik Armed Constabulary][16] who--
(a) strikes or assaults any sentry; or
(b) being under arrest or in confinement, escapes from
arrest or confinement; or
(c) is grossly insubordinate or insolent to his
superior officer in the execution of his office; or
(d) strikes or maliciously ill-treats any officer of
the [Pradeshik Armed Constabulary][17] subordinate
to him in rank or position; or
(e) malingers or feigns or produces disease or
infirmity in himself, or intentionally delays his cure, or aggravates his
disease or infirmity; or
(f) being a sentry, sleeps while upon his post; or
(g) quits his post, guard, picquet, party or patrol
without being regularly relieved or without leave, shall, on conviction, be
punished with imprisonment for a term which may extend to seven years or with
fine or with both.
Section 8 - Minor punishments
(1) The Commandant and subject to the control of the
Commandant, an Assistant Commandant or such other officer, as may be
prescribed, may, without formal trial, award to any officer of the [Pradeshik
Armed Constabulary][18] of
and below the rank of head constable, who is subject to his authority, any of
the following punishments for the commission of any offence against discipline
which is not otherwise provided for in this Act or which in the opinion of the
Commandant, Assistant Commandant or officer as the case may be, is not of a
sufficiently serious nature to call for prosecution before a criminal court,
that is to say?
(a) imprisonment in the quarter-guard, or such other
place, as may be considered suitable for a term which may extend to
twenty-eight days when the order is passed by a Commandant, or to seven days
when it is passed by any other officer. Such imprisonment shall involve the
forfeiture of all pay and allowances for the period of imprisonment.
(b) punishment drill, extra guard, fatigue or other
duty, not exceeding twenty-eight days in duration, with or without confinement
to the lines;
(c) fine not exceeding seven days' pay.
(2)
Any
of the punishments specified in sub-section (1) may be awarded separately or
with any one or more of the others; provided always that imprisonment and
confinement to the lines shall not exceed twenty-eight consecutive days, and
fine shall not be combined with imprisonment.
(3) No appeal shall lie from an order passed under this
section.
Section 9 - Discharge from [Pradeshik Armed Constabulary]1 Act V of 1861
Notwithstanding
anything contained in the Police Act, 1861, or in any other law, no officer of
the [Pradeshik Armed Constabulary][19] shall
be entitled to be discharged from the [Pradeshik Armed Constabulary][20].
Section 10 - Reversion
The
Commandant or an Assistant Commandant may, notwithstanding anything contained
in section 9, at any time revert to [Uttar Pradesh][21] Police
any Officer of the [Pradeshik Armed Constabulary][22] who
has been seconded from the Police Force.
Section 11 - Peace of imprisonment
(1) A person sentenced under this Act to imprisonment
for a period exceeding three months, shall, notwithstanding anything contained
in the Police Act, 1861 (Act V of 1861), be deemed to have been dismissed from
[Uttar Pradesh][23] Police Force and
from the [Pradeshik Armed Constabulary][24] and
shall be imprisoned in the nearest or such other jail as the [State Government][25] may,
by general or special order, direct.
(2) A person sentenced under this Act to imprisonment
for a period not exceeding three months may, if the Commandant, or subject to
his control, an Assistant Commandant, so directs, be confined in the
quarter-guard or such other place as the Commandant or Assistant Commandant may
consider suitable.
Section 12 - Saving of prosecution under other Laws
Nothing
in this Act shall prevent any person from being prosecuted under the Police
Act, 1861, or under any order, or rule made under that Act or any other
enactment for the time being in force, for any act or omission punishable
thereunder or from being liable, if so prosecuted, to any other or higher
penalty than is provided for that act or omission by this Act:
Provided
that no person shall be punished twice for the same offence.
Section 13 - Disciplinary and other powers of Commandant and 2nd in Command of Uttar Pradesh Armed Constabulary otherwise than in respect of the [Pradeshik Armed Constabulary] Act V of 1861
[Pradeshik
Armed Constabulary][26] Act
V of 1861
Subject
to such rules as the [State Government][27] may
make, in this behalf, a Commandant or Assistant Commandant shall have with
respect to Police Officers appointed to [Uttar Pradesh][28] Police
Force under the Police Act, 1861, who are not officers of the [Pradeshik Armed
Constabulary][29] the same
disciplinary powers as a Superintendent of Police of a District has with
respect to them under that Act.
Section 14 - Disbandment and reconstitution. Discharge of an officer on disbandment and reconstitution
(1) The [State Government][30] may
by notification in the official Gazette, disband or reconstitute the [Pradeshik
Armed Constabulary][31] or
any Company thereof.
(2) Whenever the [Pradeshik Armed Constabulary][32] or
any Company thereof is disbanded or reconstituted under sub-section (1) it
shall, notwithstanding anything contained in this Act or any other enactment
for the time being in force and subject to such conditions, as may be
prescribed, be lawful for the [State Government][33] with
a view to such disbandment or reconstitution, to discharge any officer from the
[Pradeshik Armed Constabulary][34] and
if he is enrolled under the Police Act, 1861 (Act V of 1861), and has not been
confirmed, from the Police force also.
Section 15 - Power to make rules
(1) The [State Government][35] may
make rules for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the
foregoing powers, the rules may provide for the following matters, that is to
say?
(i) The number of companies to be constituted;
(ii) The pay and other terms and conditions of service
of officers of the [Pradeshik Armed Constabulary][36];
(iii) The manner in which and the persons who may be
appointed to be officers of the [Pradeshik Armed Constabulary][37].
(iv) Any other matter which is to be or may be
prescribed.
Section 16 - Repeal
The
Special Armed Constabulary Act, 1942 (Act V of 1942), as amended from time to
time is hereby repealed:
Provided
that (without prejudice to the general application of sections 6 and 24 of the United
Provinces General Clauses Act, 1904 (U.P. Act 1 of 1904), with regard to the
effect or repeals):
(a) any form, order, rule or direction made, issued or
given under the said Act and in force immediately before the commencement of
this Act, shall in so far as it applies to the [Pradeshik Armed Constabulary][38] and
is not inconsistent with this Act continue in force as if it has been
prescribed, made, issued or given under this Act and may be replealed, revoked,
varied or amended accordingly;
(b) any officer or person appointed to act or enrolled
under or by virtue of the said Act in the Pradeshik Armed Constabulary][39] shall
continue and be deemed to have been appointed under or by virtue of this Act;
and
(c) any statement executed by any member of the Special
Armed Constabulary or the [Pradeshik Armed Constabulary][40] in
accordance with sections 3 and 13 of the said Act shall be so read and
construed as if it had been executed under the corresponding provisions of this
Act.
Schedule - SCHEDULE
SCHEDULE
STATEMENT
(See Sections 2, 3 and 4)
At
no time during the period of your service in the [Pradeshik Armed Constabulary][41] will
you be entitled to obtain your discharge at your own request. On the
liquidation of the force or of the company in which you may for the time being,
be posted, you will be discharged from the [Pradeshik Armed Constabulary][42] and,
unless you were already a confirmed member of [Uttar Pradesh][43] Police
Force before joining the [Pradeshik Armed Constabulary][44],
from [Uttar Pradesh][45] Police
also. [46][You will, however, be
eligible for re-enlistment in (Uttar Pradesh)[47] Police].
In the event of your continuing in [Uttar Pradesh][48] Police
or your re-enlistment therein, your services in the [Uttar Pradesh]1 [Pradeshik
Armed Constabulary][49] will
count for promotion and pension in [Uttar Pradesh][50] Police.
Signature
of Police officer in acknowledgement
of
the above having been read over to him.
________________________
Signed
in my presence, after I had ascertained that-------------------- understood the
purport of what he signed.
Magistrate,
Commandant or Assistant Commandant.
[1] For S.O.R. see Gaz. Extra. d. Oct. 9, 1948.
[2] Throughout the Act, the expression (Provincial
Armed Constabulary) shall stand amended as (Pradeshik Armed Constabulary) by
U.P. Act XXX of 1956.
[3] This Act has been extended to the areas mentioned
in column 1 of this table under the Act or Order mentioned in column 2 and
enforced in such areas under notification, if any, mentioned in column 3 with
effect from the date mentioned in column 4 against each such area:
|
|
Areas |
Act or
Order under which extended |
Notification,
if any, under which enforced |
Date from
which enforced |
|
|
1 |
2 |
3 |
4 |
|
1. |
Rampur
District .. |
Rampur
(Application of Laws) Act, 1950. |
.. |
Dec. 30,
1949. |
|
2. |
Banaras
District |
Banaras
(Application of Laws) Order, 1949. |
3261(1)
and (2) d. Nov. 30, 1949 |
Nov. 30,
1949 |
|
3. |
Tehri-Garhwal
District |
Tehri-Garhwal
(Application of Laws) Order, 1949. |
Ditto |
Ditto. |
|
4. |
Jaunsar-Bawar
Pargana in Dehra Dun District |
U.P. Act
No. XXVII of 1950 |
.. |
Sep. 2,
1950. |
|
5. |
Portion of
Mirzapur District south of the Kaimur range. |
Ditto .. |
.. |
Ditto. |
[4] Substituted by the A.O. 1950 for the (United
Provinces).
[5] Substituted by the A.O. 1950 for
(Provl. Govt.).
[6] See footnote no. 2 on the first page of
this Act.
[7] See footnote no. 2 on the first page of
this Act.
[8] The word ("Dominion" means
the Dominion of India.) omit. by the A.O. 1950.
[9] Substituted by the A.O. 1950 for
(Provl. Govt.).
[10] See footnote no. 2 on the first page of
this Act.
[11] Substituted ibid for (the United
Provinces).
[12] See footnote no. 2 on the first page of
this Act.
[13] See footnote no. 2 on the first page of
this Act.
[14] See footnote no. 2 on the first page of
this Act.
[15] Substituted by the A.O. 1950 for (the
Dominion).
[16] See foot-note no. 2 on the first page
of this Act.
[17] See foot-note no. 2 on the first page
of this Act.
[18] See foot-note no. 2 on the first page
of this Act.
[19] See footnote no. 2 on the first page of
this Act.
[20] See footnote no. 2 on the first page of
this Act.
[21] Substituted by the A.O. 1950.
[22] See footnote no. 2 on the first page of
this Act.
[23] Substituted by the A.O. 1950.
[24] See footnote no. 2 on the first page of
this Act.
[25] Substituted by the A.O. 1950.
[26] See footnote no. 2 on the first page of
this Act.
[27] Substituted by the A.O. 1950.
[28] Substituted by the A.O. 1950.
[29] See footnote no. 2 on the first page of
this Act.
[30] Substituted by the A.O. 1950.
[31] See footnote no. 2 on the first page of
this Act.
[32] See footnote no. 2 on the first page of
this Act.
[33] Substituted by the A.O. 1950.
[34] See footnote no. 2 on the first page of
this Act.
[35] Substituted by the A.O. 1950 for
(Provl. Govt.)
[36] See foot note no. 2 on the first page
of this Act.
[37] See foot note no. 2 on the first page
of this Act.
[38] See foot note no. 2 on the first page
of this Act.
[39] See foot note no. 2 on the first page
of this Act.
[40] See foot note no. 2 on the first page
of this Act.
[41] See foot note no. 2 on the first page
of this Act.
[42] See foot note no. 2 on the first page
of this Act.
[43] Substituted by the A.O. 1950 for (Provl.
Govt.)
[44] See foot note no. 2 on the first page
of this Act.
[45] Substituted by the A.O. 1950 for
(Provl. Govt.)
[46] The portion in brackets will be deleted
in the case of officers who were already members of Uttar Pradesh Police on
joining the Pradeshik Armed Constabulary.
[47] Substituted by the A.O. 1950 for
(Provl. Govt.)
[48] Substituted by the A.O. 1950 for
(Provl. Govt.)
[49] See foot note no. 2 on the first page
of this Act.
[50] Substituted by the A.O. 1950 for
(Provl. Govt.)