DELHI POLICE ACT 1978
No: 34 Dated: Aug, 27 1978
THE DELHI POLICE ACT 1978 ACT NO. 34 OF 1978 [27th August, 1978.] An Act to amend and consolidate the law relating to the regulation of the police in the Union territory of Delhi.. BE it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows:- CHAP PRELIMINARY. CHAPTER I PRELIMINARY 1. Short title, extent and commencement. 1.Short title, extent and commencement. -(1) This Act may be called the Delhi Police Act, 1978. (2) It extends to the whole of the Union territory of Delhi. (3) It shall be deemed to have come into force on the 1st day of July, 978. 2. Definitions. 2.Definitions. -In this Act, unless the context otherwise requires,- (a) "Administrator" means the Administrator of Delhi appointed under article 239 of the Constitution; (b) "cattle" includes 'elephants, camels, horses, asses, mules, sheep, goats and swine; (c) "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 Commissioner of Police appointed under section 6 or any other police officer specially empowered in that behalf by the Central Government; (d) "constable" means a police officer of the lowest grade; (e)"Corporation" means the Municipal Corporation of Delhi constituted under the Delhi Municipal Corporation Act, 1957 (66 of 1957), (f) "Delhi" means the Union territory of Delhi; (g) "Delhi police" or "police force" means the police force referred to in section 3 and includes- (i) all persons appointed as special police officers under sub-section (1) of section 17 and additional police officers appointed under section 18; and 286 (ii) all other persons, by whatever name known, who exercise any police function in any part of Delhi; (h) "eating house" means any place to which the public are admitted and where any kind of food or drink is supplied for con- sumption on the premises by any person owning, or having any interest in, or managing, such place and includes- (i) a refreshment room, boarding house or coffee house, or (ii) a shop where any kind of food or drink is supplied to the public for consumption in or near such shop, but does not include a place of public entertainment; (i) "municipality" means the New Delhi Municipal Committee, the Cantonment Board or any other municipal body, other than the Corporation, established by or under any law for the time being in force in or in any part of Delhi; (j) "place" includes-- (i) any building, tent, booth or other erection, whether permanent or temporary; and (ii) any area, whether enclosed or open; (k) "place of public amusement" means any place where music, singing, dancing or game or any other amusement, diversion, or recreation or the means of carrying on the same is provided, to which the public are admitted either on payment of money or with the intention that money may be collected from those admitted and includes a race course, circus, theatre, music hall, billiard or bagatelle room, gymnasium, fencing school, swimming pool or dancing hall; (l) "place of public entertainment" means a lodging house, boarding and lodging house or residential hostel and includes any eating house or other place in which any kind of liquor or intoxi- cating drug is supplied (such as a tavern or a shop where beer, spirit, arrack, toddy, ganja, bhang or opium is supplied) to the public for consumption in or near such place; (m) "police officer" means any member of the Delhi police; (n) "prescribed" means prescribed by rules; (o) "public place" means any place to which the public have access, whether as of right or not, and includes- (i) a public building and monument and precincts thereof; and (ii) any place accessible to the public for drawing water, washing or bathing or for purposes of recreation; (p) "regulations" means regulations made under this Act; (q) "rules" means rules made under this Act; (r) "street" includes any highway, bridge, way over a cause way, viaduct or arch or any road, lane, footway, square, court, 287 alley or, passage accessible to the public, whether or not it is a thoroughfare, (s) "subordinate ranks" means members of the police force of and below the rank of the Inspector; (t) "vehicle" means any carriage, cart, van, dray, truck, handcart or other. conveyance of any description and includes a bicycle, tricycle, a rickshaw, a motor vehicle, a vessel or an aeroplane. CHAP ORGANISATION, SUPERINTENDENCE AND CONTROL OF THE POLICE FORCE. CHAPTER II ORGANISATION, SUPERINTENDENCE AND CONTROL OF THE POLICE FORCE 3. One police force for the whole of Delhi. 3.One police force for the whole of Delhi. -There shall be one police force for the whole of Delhi and all officers and subordinate ranks of the police force shall be liable for posting to any branch of the force including the Delhi Armed Police. 4. Superintendence of police force to vest in the Administrator. 4.Superintendence of police force to vest in the Administrator. -The superintendence of the Delhi police throughout Delhi shall vest in, and be exercisable by the Administrator and any control, direction or supervision exercisable by any officer over any member of the police force shall be exercisable subject to such superintendence. 5. Constitution of police force. 5.Constitution of police force. -Subject to the provisions of this Act,- (a)the Delhi police shall consist of such number in the several ranks and have such organisation and such powers, functions and duties as the Administrator may, by general or special order, determine; and (b) the recruitment to, and the pay, allowances and all other conditions of service of the members of, the Delhi police shall be such as may be prescribed: Provided that nothing in clause (b) shall apply to the recruitment to, and the pay, allowances and other conditions of service of the members of the Indian Police Service or the Delhi, Andaman and Nicobar Islands Police Service. 6. Commissioner of Police. 6.Commissioner of Police. -For the direction and supervision of the police force in Delhi, the Administrator shall appoint a Commissioner of Police who shall exercise and perform such powers and duties and perform such functions as are specified by or under this Act. 7. Additional Commissioner of Police. 7.Additional Commissioner of Police. -(1) The Administrator may appoint one or more Additional Commissioners of Police for the purposes of this Act. (2) The Additional Commissioner of Police shall- (a) assist the Commissioner of Police in the exercise of his powers and the performance of his duties in such manner and to such extent, and (b) exercise such powers and perform such duties of the Commissioner of Police and within such local limits, as the Administrator may, by general or special order, specify. 288 8. Deputy, Additional Deputy and Assistant Commissioners of Police. 8.Deputy, Additional Deputy and Assistant Commissioners of Police. -(1) The Administrator may appoint one or more Deputy Commissioners of Police or Additional Deputy Commissioners of Police or Assistant Commissioners of Police for the pur-poses of this Act. (2) Without prejudice to the other provisions of this Act and subject to any general or special orders made by the Administrator in this behalf, every Deputy Commissioner of Police or Additional Deputy Commissioner of Police or Assistant Commissioner of Police shall, under the orders of the Commissioner of Police, exercise such of the powers (except the power to make regulations and perform such of the dudes of the Commissioner of Police and within such local limits as may be specified in such orders. 9. Appointment of Principals of Police training institutions. 9.Appointment of Principals of Police training institutions. -(1) (a) The Administrator shall appoint a police officer not below the rank of a Deputy Commissioner of Police to be the Principal of the Police Training School for Delhi. (b) The Commissioner of Police may by general or special order assign to the Principal of the Police Training School such powers and duties as he may deem fit for the proper functioning of that School. (2) (a) The Administrator may establish a Police Training College for Delhi and appoint a police officer of appropriate rank to be the Principal of such College. (b) The Commissioner of Police may by general or special order assign to the Principal of the Police Training College such powers and duties as he may deem fit for the proper administration of that College. 10. Constitution of police districts, sub-divisions and police stations. 10.Constitution of police districts, sub-divisions and police stations. -Subject to the control of the Administrator, the Commissioner of Police shall- (a) constitute police districts within Delhi; (b) divide such police districts into police sub-divisions and specify the police stations comprised in each such sub- division; and (c) define the limits and extent of such police districts, police sub-divisions and police stations. 11. Officers in charge of police districts, police sub-divisions andpolice stations. 11.Officers in charge of police districts, police sub-divisions and police stations. -(1) Each police district shall be under the charge of a Deputy Commissioner of Police who may be assisted in the discharge of his duties by one or more Additional Deputy Commissioners of Police. (2) Each police sub-division shall be under the charge of an Assistant Commissioner of Police and each police station shall be under the charge of an Inspector of Police. 289 12. Appointment of subordinate ranks. 12.Appointment of subordinate ranks. -Subject to such general or special orders in writing as 'the Administrator may make in this behalf,- (a) Inspectors of Police may be appointed by the Additional Commissioner of Police; and (b) Sub-Inspectors of Police and other officers of subordinate rank may be appointed by the Deputy Commissioners of Police, Additional Deputy Commissioners of Police, Principal of the Police Training College or of the Police Training School, or any other police officer of equivalent rank. 13. Certificate of appointment. 13. Certificate of appointment. -(1) Every police officer of the rank of Inspector and below shall on enrolment receive a certificate of appointment. (2) The certificate shall be issued under the seal of such officer, and shall be in such form, as the Administrator may, by general or special order, specify. (3) A certificate of appointment shall become null and void when the person named therein ceases to belong to the Delhi police or shall remain inoperative during the period such person is suspended from the Delhi police. 14. Effect of suspension of police officer. 14.Effect of suspension of police officer. The powers, functions and privileges vested in a police officer shall remain suspended while such police officer is under suspension from office: Provided that notwithstanding such suspension such person shall not cease to be a police officer and shall continue to be subject to the control of the same authorities to which he would have been subject if he had not been under suspension, 15. General powers of Commissioner of Police. 15.General powers of Commissioner of Police. -The Commissioner of Police shall direct and regulate all matters of arms. drill, exercise, observation of persons and events, mutual relations, distribution of duties, study of laws, orders and modes of proceedings and all matters of executive detail or the fulfilment of their duties by the police force under him. 16. Power of Commissioner of Police to investigate and regulate matters ofpolice accounts. 16.Power of Commissioner of Police to investigate and regulate matters of police accounts. -The Commissioner of Police shall have the authority to investigate and regulate all matters of account connected with the Delhi police and all persons concerned shall be bound to give him reasonable aid and facilities in conducting such investigations and to conform to his orders consequent thereto. 17. Special Police Officers. 17. Special Police Officers. (1) The Commissioner of Police may, at any time, by a written order, signed by himself and sealed with his own seal, appoint any able bodied male person not less than eighteen years of age, whom he considers fit, to be a special police officer to assist the Delhi police on any occasion, when he has reason to apprehend the occurrence of any riot or grave disturbance of the peace in any area and he is of opinion that the ordinary police force is not sufficient for the protection of persons residing, and for the security of property, within such area. 290 (2) The Commissioner of Police shall publish the names of special police officers appointed under this section in such manner as may be prescribed (3) Any person objecting to the appointment of any person as such special police officer may send his reasons for such objection to the Commissioner of Police within fifteen days of such appointment and the Commissioner may accept such objection and cancel the appointment of such ,officer or, after giving to the objector an opportunity to be heard, reject the objection. (4) Every special police officer appointed under this section shall, on appointment,- (a) receive a certificate of appointment in such form as may be specified by the Administrator in this behalf; (b) have the same powers, privileges and immunities and perform the same duties and be subject to the same authorities as an ordinary police officer. 18. Additional police officers. 18.Additional police officers. Where additional police officers are required to be deputed under section 38, section 39 or section 40 the Commissioner of Police may appoint such number of additional police officers as he considers necessary and every such additional police officer, shall, on appointment,- (a) receive a certificate of appointment in such form as may be specified by the Administrator in this behalf; (b) have such of the powers, privileges and immunities and perform such of the duties of a police officer as are specifically mentioned in the certificate; and (c) be subject to the same authorities as an ordinary police officer of the same or similar rank or grade. CHAP REGULATION, CONTROL AND DISCIPLINE OF THE DELHI POLICE. CHAPTER III REGULATION, CONTROL AND DISCIPLINE OF THE DELHI POLICE 19. Framing of regulations for administration of the police. 19.Framing of regulations for administration of the police. -Subject to the orders of the Administrator, the Commissioner of Police may make regulations not inconsistent with this Act or any other law for the time being in force- (a) regulating the inspection of the police force by his subordinates; (b) determining the description and quantity of arms, 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 institution, management and regulation of any police dfund for any purpose connected with police administration; (e) relating the distribution, movements and location of the police; 291 (f) assigning duties to police officers of all ranks and grades, and prescribing the manner in which, and the conditions subject to which they shall exercise and perform their respective powers and duties; (g) regulating the collection and communication by the police of intelligence and information; (h) generally, for the purpose of rendering the police efficient and preventing abuse or neglect of their duties. 20. Commissioner of Police may call for returns. 20.Commissioner of Police may call for returns. -The Commissioner of Police may call for such returns, reports and statements on any subject connected with the prevention and detection of crime, the maintenance of order and the performance of the duties of his subordinates as such subordinates may be able to furnish to him. 21. Powers of punishment. 21.Powers of punishment. -(1) Subject to the provisions of article 311 of the Constitution and the rules, the Commissioner of Police, Additional Commissioner of Police, Deputy Commissioner of Police, Additional Deputy Commissioner of Police, Principal of the Police Training College or of the Police TrainIng School or any other officer of equivalent rank, may award to any police officer of subordinate rank any of the following punishments, namely: (a) dismissal; (b) removal from service; (c) reduction in rank; (d) forfeiture of approved service; (e) reduction in pay; (f) withholding of increment; and (g) fine not exceeding one month's pay. (2) Subject to the rules- (a) any police officer specified in sub-section (1) may award the punishment of censure to any police officer of subordinate rank; (b) the Assistant Commissioner of Police may award the punishment of censure to police officers of, or below, the rank of Sub-Inspectors of Police; (c) any police officer of, and above, the rank of Inspector may award punishment drill not exceeding fifteen days or fatigue duty or any other punitive duty to constables. (3) Nothing in sub-section (1) or sub-section (2) shall affect any police officer's liability for prosecution and punishment for any offence committed by him. (4) The Commissioner of Police, Additional Commissioner of Police, Deputy Commissioner of Police, Additional Deputy Commissioner of Police, Principal of the Police Training College or of the Police Training School Assistant Commissioner of Police, or any other police officer, of equivalent rank may suspend any police officer of subordinate rank who is reasonably suspected to be guilty of misconduct, pending an investigation or enquiry into such misconduct. 292 (5) An Inspector of Police may suspend any police officer below the rank of Sub-Inspector of Police, who is reasonably suspected to be guilty of misconduct, pending an investigation or enquiry into such misconduct. 22. Procedure for awarding punishments. 22.Procedure for awarding punishments. -When any officer passes an order of awarding a punishment of dismissal, removal from service, reduction in rank, forfeiture of service, reduction in pay, withholding of increments or fine, he shall record such order or cause the same to be recorded together with the reasons therefor, in accordance with the rules. 23. Appeal from orders of punishment. 23.Appeal from orders of punishment. -An appeal against any order of punishment passed against a police officer under section 21 or the rules thereunder [not being an order of punishment under clause (c) of sub-section (2) of that section] shall lie-- (a) where the order is passed by the Commissioner of Police, to the Administrator; (b) where the order is passed by an Additional Commissioner of Police, to the Commissioner of Police; (c) where the order is passed by a Deputy Commissioner of Police, Additional Deputy Commissioner of Police, Principal of the Police Training College or School, Assistant Commissioner of Police or any other officer of equivalent rank, to the Additional Commissioner of Police. 24. Police officers to be deemed to be always on duty and to be liable toemployment in any part of Delhi. 24.Police officers to be deemed to be always on duty and to be liable to employment in any part of Delhi. -Every police officer not on leave or under suspension shall for all purposes of this Act be deemed to be always on duty and any police officer or any number or body of police officers allocated for duty in any part of Delhi may, if the Commissioner of Police so directs. at any time, be employed on police duty in any other part of Delhi for so long as the services of the police officer or number or body of police officers may be required in such other part of Delhi. 25. Circumstances under which Police officer of subordinate rank mayresign. 25.Circumstances under which Police officer of subordinate rank may resign. -(1) Resignation of any police officer of subordinate rank may be accepted only by the officer empowered to appoint (the officer so empowered to appoint being hereafter in this section referred to as the appointing authority) officers of such subordinate rank. (2) A police officer of subordinate rank who intends to resign from police service shall give to the appointing authority notice in Writing to that effect and shall not be permitted to withdraw himself from duty unless he has been granted permission to resign by such authority and two months have elapsed from the date on which he tendered his resignation: Provided that the appointing authority may at his discretion, permit a Head Constable or a constable to withdraw himself from duty on his crediting to the Government two months' pay in lieu of notice. (3) A Head Constable or a constable who has agreed to serve for any specific period may not be permitted to resign before the expiry of that period. (4) Inspectors, Sub-Inspectors or Assistant Sub-Inspectors of Police, whose appointments involve training at any Police Training College or 293 Police Training School may not be permitted to resign within three years from the date of their successfully completing the training. (5) No police officer of subordinate rank whose resignation has been accepted by the appointing authority shall be permitted to withdraw from duty until he has fully discharged all debts, due from him, as such police officer to Government or to any police fund and has surrendered his certificate of appointment, arms, accoutrements, uniform and all other Government property in his possession and has also rendered a complete account of all Government money and property for which he is responsible. (6) Notwithstanding anything contained in this section if any police officer of subordinate rank tenders his resignation on medical grounds and produces a certificate signed by the police surgeon or any other medical officer authorized by the Administrator in this behalf declaring him to be unfit by reason of disease or mental or physical incapacity for further service in the police, the appointing authority shall forthwith permit him to withdraw from duty on his discharging, or giving a satisfactory security for the payment of, any debt due from him as such police officer to Government or to any police fund: Provided that he shall forthwith return the certificate of appointment, arms, accoutrements, uniform and all other Government property in his possession before he is permitted to withdraw from duty. (7) If any such police officer of subordinate rank resigns or withdraws himself from the duties of his office in contravention of this section, he shall be liable on the orders of the appointing authority to forfeit all arrears of pay then due to him in addition to the penalty to which he may be liable under section 22 or any other law for the time being in force. (8) Every such police officer on leaving the service in the Delhi police as aforesaid shall be given by the appointing authority a Discharge Certificate in such form as may be prescribed. 26. Certificate, arms, etc, to be delivered by person ceasing to be apolice officer. 26.Certificate, arms, etc, to be delivered by person ceasing to be a police officer. -(1) Every person who for any reason ceases to be a police officer shall forthwith deliver to the officer empowered by the Commissioner of Police, the Additional Commissioner of Police, Deputy Commissioner of Police, Principal of the Police Training College or of the Police Training School, Additional Deputy Commissioner of Police or any other officer of equivalent rank to whom such officer is subordinate, to receive the same, his certificate of appointment and the arms, accoutrements, clothing and other accessories which have been provided to him for the performance of duties and functions connected with his office. (2) (a) Any Metropolitan Magistrate and, for special reasons which shall be recorded in writing at the time, the Commissioner of Police, Additional Commissioner of Police, Principal of the Police Training College or of the Police Training School or a Deputy Commissioner, Additional Deputy Commissioner or an Assistant Commissioner of Police may issue a warrant to search for and seize wherever they be found, any certificate, arms, accoutrements, clothing or other accessories not delivered under sub-section (1). 294 (b) Every warrant so issued shall be executed by a police officer or, if the Metropolitan Magistrate or the police officer issuing the warrant so directs, by any other person in the same manner as if it were a warrant for a search issued under the Code of Criminal Procedure, 1973 (2 of 1974). (3) Nothing in this section shall apply in relation to any article which under the orders of the Commissioner of Police has become the property of the person to whom the same was provided. 27. Occupation of, and liability to vacate, premises provided for policeofficers. 27.Occupation of, and liability to vacate, premises provided for police officers. -(1) A police officer occupying any premises provided by the Commissioner of Police for his residence shall- (a) occupy the same subject to such terms and conditions as may, by general or special order, be specified by the Commissioner of Police; and (b) Notwithstanding anything contained in any law for the time being in force, vacate the same on his ceasing to be a police officer or whenever the Commissioner of Police or any officer authorised by the Administrator in this behalf considers it, for reasons to be recorded in writing, necessary end expedient to require him to do so. (2) If any person who is bound or required under sub-section (1) to vacate any premises fails to do so, the Administrator or the officer authorised in this behalf by the Administrator may order such person to vacate the premises and may direct any police officer with such assistance as may be necessary to enter upon the premises and remove therefrom any person found therein and to take possession of the premises and deliver the same to any person specified in the direction. CHAP POLICE REGULATIONS. CHAPTER IV POLICE REGULATIONS 28. Power to make regulations for regulating traffic and for preservationof order in public places, etc. 28.Power to make regulations for regulating traffic and for preservation of order in public places, etc. -(1) The Commissioner of Police may, by notification in the Official Gazette, make regulations to provide for all or any of the following matters, namely: - (a) licensing and controlling persons offering themselves for employment, outside railway stations and other places where passengers arrive, for the carriage of passengers, baggage and fixing and providing for the enforcement of a scale of charges for the labour of such persons so employed; (b) regulating traffic of all kinds in streets and other public places, and the use of streets and other public places by persons riding, driving, cycling, walking or leading or accompanying cattle, so as to prevent danger, obstruction or inconvenience to the public; (c) 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; (d) specifying the number and position of lights to be used on vehicles in streets and the hours between which such lights should be used; (e) licensing, controlling or prohibiting the erection, exhibition, fixation or retention of any sign, device or representation for the 295 purpose of advertisement, which is visible against the sky from some point in any street and is hoisted or held aloft over any land, building or structure at such height as may be specified in the regulations, having regard to the traffic in the vicinity, and the likelihood of such sign, device or representation at that height being a distraction, or causing obstruction, to such traffic; (f) specifying certain hours of the day during which cattle shall not be driven, or, as the care may be, driven only in accordance with such regulations, along the streets, or along certain specified streets; (g) regulating the leading, driving, conducting or conveying of any elephant or wild or dangerous animal through or in any street; (h) regulating and controlling the manner and mode of conveying timber, scaffold poles, ladders, iron girders, beams or bars, boilers, or other unwieldy articles through the streets, and the route and hours for such conveyance; (i) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity, prohibiting the carrying in streets and public places of gunpowder or any other explosive substance; (j) prohibiting, except along certain specified streets and during specified hours and subject to such conditions as may be specified in that behalf, the exposure or movement in any street of persons or animals suffering from contagious or infectious diseases, the carcasses of animals or parts of such carcasses or corpses of persons deceased; (k) specifying certain hours of the day during which ordure or offensive matter or objects shall not be taken from or into, houses or buildings,in certain streets or conveyed through such streets except in accordance with such regulations; (l) setting apart places for slaughtering animals, the cleaning of carcasses or hides, the deposit of noxious or offensive matter and for obeying calls of nature; (m) in cases of existing or apprehended epidemic or infectious disease of men or animals, the cleanliness and disinfection of premises by the occupierhereof and residents therein and the segregation and management of the persons or animals diseased or supposed to be diseased as may have been directed or approved by the Administrator, with a view to prevent the disease or check the spread thereof; (n) directing the closing or disuse, wholly or for certain purposes, or limiting to certain purposes only, the use of any source, supply or receptacle of water and providing against pollution of the same or at the water therein; (a) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity, prohibiting the playing of music, the beating of drums, tom-toms or other instruments and the blowing or sounding of horns or other noisy Instruments in or near streets or other public places; 296 (p) regulating the conduct of or behaviour or action of persons constituting assemblies and processions on or along the streets and specifying in the case of processions, the routes by which, the order in which, and the times at which, the same may pass; (q) prohibiting the hanging or placing of any cord or pole across a street or part thereof, or the making of a projection or structure so as to obstruct traffic or the free access of light and air; (r) prohibiting, except in accordance with such regulations, the placing of building materials or other articles or the fastening or detention of any horse or other animals, in any street or public place, (s) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity, prohibiting- (i) the illumination of streets and public places and the exteriors of building abutting thereon by persons other than servants of Government or Corporation or other Municipal officers duly authorised in that behalf, (ii) the blasting of rock or making excavations in, or near streets or public places, (iii) the using of a loudspeaker in or near any public place or in any place of public entertainment; (t) closing certain streets or places temporarily, in cases of danger from ruinous buildings or other cause, with such exceptions as shall appear reasonable; (u) guarding against injury to person and property in the con- struction, repair and demolition of buildings, platforms and other structures from which danger may arise to passengers, neighbours or the public; (v) prohibiting the setting of fire to or burning of any straw or other matter, or lighting a bonfire or wantonly discharging a fire- arm or air-gun, or letting off or throwing a fire work or, sending up a fire balloon or rocket in or upon a street or within fifty feet of a street or building or the putting up of any post or other thing on the side of or across a street for the purpose of affixing thereto lamps or other contrivances for illumination except in accordance with regulations in this behalf; (w) regulating the hours during which and the manner in which any place for the disposal of the dead, any dharmashala, village-gate or other place of public resort may be used, so as to secure the equal and appropriate application of its advantages and accommodation and to maintain orderly conduct amongst those who resort thereto; (x) (i) licensing or controlling places of public amusement or public entertainments; (ii) prohibiting the keeping of places of public amusement or public entertainment or assembly, in order to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents or passengers in the vicinity; and 297 (iii) regulating the means of entrance and exit at places of public amusement or public entertainment or assembly and providing for the maintenance of public order and the prevention of disturbance thereat; (y) (i) licensing or controlling in the interest of public order, decency or morality or in the interest of the general public (with such exceptions as may be specified in such regulations), musical, dancing, mimetic or theatrical or other performances for public amusement, including melas; (ii) regulating in the interest of public order, decency or mora- lity or in the interest of the general public, the employment of artists and the conduct of the artists and the audience at such performances; (iii)prior scrutiny of such performances and of the scripts in respect thereof, if any, and granting of suitability certificate therefor subject to conditions, if any, by a Board appointed by the Administrator for the purpose, either for the whole of Delhi or for the area concerned or by an Advisory Committee constituted by the Commissioner of Police (the members of the Board or the Advisory Com- mittee being persons who in the opinion of the Administrator or, as the case may be, the Commissioner, possess knowledge of, or experience in literature, the theatre and other matters relevant to such scrutiny), provision for appeal against the order or decision of the Board or the Advisory Committee to an appellate authority, its appointment or constitution, its procedure and other matters ancillary thereto, and the fees (whether in the form of court-fee stamps or otherwise) to be charged for the scrutiny of such performances or scripts, for applications for obtaining such certificates and for issuing duplicates thereof and in respect of such appeals and any such performances and of the scripts in respect thereof granted suitability certificate by any State shall be exempted from this section. (iv) regulating the hours during which and the places at which such performances may be given; (z) regulating or prohibiting the sale of any ticket or, pass for admission, by whatever name called, to a place of public amuse- ment; (za) registration of eating houses, including granting, a certi- ficate of registration in each case, which shall be deemed to be a written permission required and obtained under this Act for keeping the eating house, and annual renewal of such registration within a specified period; (zb) prescribing the procedure in accordance with which any licence or permission sought to be obtained or required under this Act should be applied for and fixing the fees to be charged for any such licence or permission: Provided that nothing in this section and no licence or certificate of registration granted under any regulation made thereunder shall authorise any person to import, export, transport, manufacture, sell or 298 possess any liquor, or intoxicating drug, in respect of which a licence, permit, pass or authorisation is required under any law relating to prohibition which is for the time being in force. (2) The power to make regulations under clause (b) of sub- section (1) shall be subject to the control of the Administrator and the power to make regulations under the other clauses of that sub- section shall be subject to the previous sanction of the Administrator. (3) The power of making regulations under this section shall be subject to the condition of the regulations being made, after previous publication and for the purposes of section 23 of the General Clauses Act, 1897 (10 of 1897) such regulations shall be deemed to be rules; and every regulation made, under this section, shall also be published in the locality affected thereby by affixing copies thereof in conspicuous places near to the building, structure, work or place, as the case may be, to which the same specially relates or by proclaiming the same by the beating of drum or by advertising the same in such local newspapers in Hindi, Urdu and English, or in two or more of these languages, as the Commissioner of Police may deem fit, or by any two or more of these means, or by any other means he may think suitable: Provided that any such regulation may be made without previous publication if the Commissioner of Police is satisfied that circumstances exist which render it necessary that such regulation should be brought into force at once. (4) If any regulation made under this section relates to any matter with respect to which there is a provision in any law, rule or bye-law of the Corporation or of any other municipal or local authority in relation to public health, convenience or safety of the locality such regulation shall be subject to such law, rule or bye- law. 29. Power to give directions to the public. 29.Power to give directions to the public. -The Commissioner of Police and, subject to the orders, if any, made by the Commissioner of Police, every police officer not inferior in rank to an Inspector, may from time to time as occasion may arise, but not so as to contravene any regulation made under section 28 or any law, rule or bye-law referred to in sub-section (4) of that section, give all such orders either orally or in writing as may be necessary to- (a) direct the conduct of, and behaviour or action of persons constituting processions or assemblies on or along 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 occasion of all processions and assemblies; and (ii) in the neighbourhood of all places of worship during the time of worship; and (iii) in all cases when any street or public place or place of public resort may be thronged or liable to be obstructed; (d) keep, order on, and in, all streets, and at, and within, public bathing and washing places, fairs, temples, mosques, gurdwaras, churches and all other places of public resort or public worship; 299 (e) regulate and control the playing of music, singing or the beating of drums, tom-toms and other instruments and the blowing or sounding of horns or other noisy instruments in, and near, any street or public place; (f) regulate and control the use of loudspeakers in residential areas, streets, near any public places and places of public amusement or public entertainment; or (g) make reasonable orders consequential to, and in furtherance of, any order made under this section. 30. Power to prohibit certain acts for prevention of disorder. 30.Power to prohibit certain acts for prevention of disorder.-(1) The Commissioner of Police may, 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, in relation to the whole of Delhi 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; (e) the public utterance of cries, singing of songs or playing of music; or (f) the delivery of harangues, the use of gestures or mimetic representations, and the preparation, exhibition or dissemination of pictures, symbols, placards or any other subject or thing which may, in the opinion of the Commissioner of Police, offend against decency or, morality or undermine the security of the State. (2) If any person goes armed with any such article as is referred to in clause (a) of sub-section (1) or carries any corrosive substance or explosive or missile or instrument in contravention of any prohibition under that sub-section, the article, corrosive substance or explosive or missile shall be liable to be seized from him by any police officer. (3) The Commissioner of Police may, by notification publicly promulgated, prohibit any assembly or procession. whenever and for such time as he considers such prohibition to be necessary for the preservation of the public order. (4) No notification promulgated under sub-section (3) shall remain in force for more than fifteen days from the promulgation thereof: Provided that if the Administrator considers it necessary so to do for the preservation of the public order, he may, by order published in the Official Gazette, direct that such notification shall remain in force for such further period not exceeding six months, from the date on which it would have, but for such order, expired as he may specify in the said order. 300 31. Police to provide against dis-order, etc., at places of publicamusement or public assembly or meeting. 31.Police to provide against disorder, etc., at places of public amusement or public assembly or meeting. -(1) For the purpose of preventing serious disorder or breach of the 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 the public safety at, such place of amusement or such 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 amusement, assembly or meeting for the purpose of giving effect to the provisions of sub-section (1) and to any direction made thereunder. 32. Power to prohibit, etc., continuance of music, sound or noise. 32.Power to prohibit, etc., continuance of music, sound or noise. -(1) If the Commissioner of Police is satisfied from the report of an officer in charge of a Police Station, or other information received by him, that it is necessary to do so in order to prevent annoyance, disturbance, discomfort or injury, or risk of annoyance, disturbance, discomfort or Injury, to the public or to any 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 incidence or continuance in any street, open space or any other premises of- (i) any vocal or instrumental music; (ii) sounds caused by the playing, beating, clashing, blow- ing or use in any manner whatsoever of any instrument, appli- ance or apparatus or contrivance which is capable of pro- ducing or reproducing sound; or (iii) use of loudspeaker or other apparatus for amplifying any musical or other sound at such pitch or volume as may cause disturbance to others, or (b) the carrying on, in any premises, of any trade, avocation or operation resulting in or attended with noise: Provided that no directions shall be issued to any person under clause (b) without giving to such person an opportunity of being heard in the matter. (2) The Commissioner of Police may, either on his own motion or on the application of any person aggrieved by an order made under sub-section (1), either rescind, modify or alter any such order: Provided that before any such application is disposed of, the Commissioner of Police shall afford to the applicant an opportunity of appearing before him either in person or by counsel and showing cause against the order and shall, if he rejects any such application either wholly or in part, record the reasons for such rejection. 301 33. Issue of order for prevention of riot, etc. 33.Issue of order for prevention of riot, etc. -(1) In order to prevent or suppress any riot or grave disturbance of peace, the Commissioner of Police 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 of Police 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 either by the use to which such building or place was put, or intended to be put, or by the misconduct of persons having access thereto. (3) In the event of any dispute in relation to the amount of compensation payable under sub-section (2) or the person to whom such amount shall be payable, the matter shall be referred by the competent authority to the District Collector whose decision thereon shall be final. 34. Maintenance of order at religious or ceremonial display, etc. 34.Maintenance of order at religious or ceremonial display, etc. -(1) In any case of an actual or intended religious or ceremonial or corporate display or exhibition or organised assemblage in any street or public place, as to which or the conduct of, or participation in, which, it shall appear to the competent authority that a dispute or contention exists, which is likely to lead to grave disturbance of the peace, the competent authority may give such orders as to the I con- duct of the persons concerned towards each other and towards, the public as it shall deem necessary and reasonable under the circum- stances, 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 be subject to any judgment, decree, injunction or order made by a court having jurisdiction, and shall be rescinded or altered on its being made to appear to the competent authority that such order is inconsistent with a judgment, decree, injunction or order of such court. 35. Commissioner of Police may take special measures to prevent outbreakof epidemic disease at fairs, etc. 35.Commissioner of Police may take special measures to prevent outbreak of epidemic disease at fairs, etc. -(1) Whenever it shall appear to the Commissioner of Police that any place in Delhi (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 Corporation or municipality 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. 302 (2) The expenses incurred by the Commissioner of Police in respect of the arrangements for sanitation and the preservation of order at or about the place of assembly referred to in sub-section (1) may be recovered from the Corporation or the municipality concerned. 36. Power to reserve street or other public place for public purpose andpower to authorise erecting of barriers in streets. 36.Power to reserve street or other public place for public purpose and power to authorise erecting of barriers in streets.- (1) The Commissioner of Police may, by public notice, 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 of Police 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 use of such barriers. 37. Power to make regulations prohibiting disposal of the dead except atplaces set apart. 37.Power to make regulations prohibiting disposal of the dead except at places set apart.- (1) The Commissioner of Police may, from time to time, make regulations prohibiting the disposal of the dead, whether by cremation, burial or otherwise at places other than those set apart for such purpose: Provided that no such regulations shall be made in respect of any area for Which places have not been so set apart: Provided further that the Commissioner of Police or any officer authorised by him in this behalf may, in his discretion, on an application made to him by any person, grant to such person permission to dispose of the corpse of any deceased person at any place other than a place so set apart, if in his opinion such disposal is not likely to cause obstruction to traffic or disturbance of the public peace or is not objectionable for any other reason. (2) Any regulations made under sub-section (1) shall specify the places set apart for the disposal of the dead of different communities or sections of communities. (3) All such regulations shall be deemed to be rules for the purposes of section 23 of the General Clauses Act, 1897 (10 of 1897) and shall be subject to the conditions of previous publication and the date to be specified under clause (3) of that section shall not be earlier than two months from the date on which the draft of the proposed regulations is published. CHAP SPECIAL MEASURES FOR MAINTENANCE OF PUBLIC ORDER AND SECURITY OFSTATE. CHAPTER V SPECIAL MEASURES FOR MAINTENANCE OF PUBLIC ORDER AND SECURITY OF STATE 38. Employment of additional police to keep peace. 38.Employment of additional police to keep peace.- (1) The Commissioner of Police may, on the application of any person, depute any additional number of police to keep the 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 Delhi. 303 (2) Such additional police shall be employed at the cost (which shall be determined by the Commissioner of Police 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 of Police considers necessary. (3) If the person upon whose application such additional police are employed shall at any time make a written requisition to the Commissioner of Police for the withdrawal of the said police, he shall be relieved from the cost thereof at the expiration of such period not exceeding one week from the date of the delivery of such requisition as the Commissioner of Police shall determine. (4) Where there is any dispute as to the amount to be paid by way of cost, the Commissioner of Police shall, on an application made in that behalf by the aggrieved party, refer the matter to the District Collector, whose decision thereon shall be final. 39. Employment of additional police in cases of special danger to publicpeace. 39.Employment of additional police in cases of special danger to public peace.- (1) If in the opinion of the Administrator any area in Delhi is in a disturbed or dangerous condition or the conduct of the inhabitants or of any particular section or class of the inhabitants of such area renders it expedient to employ temporarily additional police in the area, he may, by notification in the Official Gazette, 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 of Police 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 Administrator from time to time, if in his opinion it is necessary so to do in the interests of the public. (2) On the issue of a notification under sub-section (1), the Administrator may require the District Collector, or any other authority specified by the Administrator, to recover, whether in whole or in part, the cost of such additional police generally from all persons who are inhabitants of the disturbed area or specially from any particular section or class of such persons, and in such proportion as the Administrator may direct. (3)It shall be lawful for the Administrator to exempt, by order in writing, and for sufficient reasons, any person from liability to bear any portion of the cost of such additional police. Explanation.--In this section and in section 41, the expression "inhabitants", when used in relation to any disturbed area includes persons who themselves or by their agents or servants occupy or hold land or immovable property, within such area and landlords who themselves or by their agents or servants collect rent from holders of occupants of land in such area notwithstanding that they do not actually reside therein. 304 40. Employment of additional police at large work and when apprehensionregarding behaviour of employees exists. 40.Employment of additional police at large work and when apprehension regarding behaviour of employees exists.-(1) Whenever it appears to the Administrator 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 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 necessitates the employment of additional police at such place, the Administrator, 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 Administrator or the competent authority to continue. (2) Such additional police shall be employed at the cost of the person by whom the work, public amusement, manufactory or concern is being constructed, conducted or carried on and the said person shall pay the costs therefor at such rates as the Administrator or the competent authority, as the case may be, shall from time to time require. 41. Compensation for injury caused by unlawful assembly how recoverable. 41.Compensation for injury caused by unlawful assembly how recoverable.- (1) When any loss or damage is caused to any property or when death results or grievous hurt is caused to any person or persons, by anything done in the prosecution of the common object of an unlawful assembly, the Administrator may, by notification in the Official Gazette, 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 was, in his opinion, held. (2) On the issue of a notification under sub-section (1), the District Collector may, after such inquiry as he deems necessary, determine the amount of the compensation which, in his 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 the compensation shall be deemed to be a fine imposed under this section, and shall be payable by the inhabitants of the disturbed area. (4) It shall be lawful for the District Collector to exempt, by order in writing and for sufficient reasons, any person from liability to pay any portion of the compensation amount. 42. Dispute in regard to cost of deputing additional police orcompensation under section 41. 42.Dispute in regard to cost of deputing additional police or compensation under section 41.-In the event of any dispute relating to the cost payable under section 39 or section 40 or the compensation determined under section 41 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 the Collector, or the Administrator or the competent authority, as the case may be, on an application made in that behalf by the aggrieved party, to the Chief Metropolitan Magistrate, whose decision thereon shall be final. 305 43. Recovery of amount payable under section 38, 39, 40 or 41. 43.Recovery of amount payable under section 38, 39, 40 or 41.- Any amount payable under section 38, section 39, section 40 or section 41 shall be recovered in the same manner as if it were an arrear of land revenue. 44. Collector to award compensation. 44.Collector to award compensation.- (1) Amounts payable under section 38, section 39, section 40 or section 41 shall, when recovered, be credited to the Government. (2) The District Collector shall pay, from the amounts recovered by him as compensation payable under section 41, such amount as he 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 any thing 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 the notification referred to in sub-section (1) of section 41 and the District Collector is satisfied that the claimant, where the claim is by the person who suffered the loss, damage or grievous hurt, or the deceased, where the claim is. by the legal heirs of such deceased, has been free from blame in connection with the occurrence which led to the loss, damage, grievous hurt or death. (4) The compensation payable to any person under sub-section (2) shall not in any way be capable of being assigned or charged or be liable to attachment or to pass to any person other than the person entitled to it by operation of law, nor shall any claim be set off against the same. (5) No civil suit shall be maintainable in respect of any loss, damage or grievous hurt for which compensation has been granted under this section. 45. Recovery of amounts payable under sections 39 and 41. 45.Recovery of amounts payable under sections 39 and 41.- Without prejudice to the provisions contained in section 43, all amounts payable under section 39 or section 41 shall be recoverable in the manner provided in sections 421 and 422 of the Code of Criminal Procedure, 1973 (2 of 1974) as if each such amount were a fine imposed on an offender by a court. 46. Dispersal of gangs and bodies of persons. 46.Dispersal of gangs and bodies of persons.- Whenever it appears to the Commissioner of Police that the movement or encampment of any gang or body of persons in any part of Delhi 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 of Police may, by order addressed to the persons appearing to be the leaders or chief men of such gang or body of persons and published by announcement or beat of drums, or otherwise as the Commissioner of Police 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 Delhi, or any part thereof, within such time as the Commissioner 306 of Police shall specify and not to enter Delhi or the part thereof, as the case may be, from which they were directed to remove themselves. 47. Removal of persons about to commit offences. 47.Removal of persons about to commit offences.- Whenever it appears to the Commissioner of Police- (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 (45 of 1860) or under section 290 or sections 489A to 489E (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 Delhi or in any part thereof hazardous to the community; or (ii) has been found habitually intimidating other persons by acts of violence or by show of force; or (iii) habitually commits affray or breach of peace or riot, or habitually makes forcible collection of subscription or threatens people for illegal pecuniary gain for himself or for others; or (iv) has been habitually passing indecent remarks on women and girls, or teasing them by overtures; and that in the opinion of the Commissioner of Police witnesses are not willing to come forward to give evidence in public against such person by reason of apprehension on their part as regards the Safety of their person or property, the Commissioner of Police may by order in writing duly served on such person, or by beat of drum or otherwise as he thinks fit, direct such person to so conduct himself as shall seem necessary in order to prevent violence and alarm or to remove himself outside Delhi or any part thereof, by such route and within such time as the Commissioner of Police may specify and not to enter or return to Delhi or part thereof, as the case may be, from which he was directed to remove himself. Explanation.-A person who during a period within one year im- mediately preceding the commencement of an action under this section has been found on not less than three occasions to have committed or to have been involved in any of the acts referred to in this section shall be deemed to have habitually committed that act. 48. Removal of persons convicted or certain offences. 48.Removal of persons convicted or certain offences.- If a person has been convicted-- (a) of Ian offence under Chapter XII, Chapter XVI or Chapter XVII of the Indian Penal Code or (45 of 1860); (b) of an offence under section 3 or section 4 of the Delhi Public Gambling Act, 1955 (Delhi Act 9 of 1955), or under section 12 of that Act in so far as it relates to satta gambling or on two or more occasions under any other provision of that Act (including section 12 of that Act in so far as it does not relate to satta gambling); or 307 (c) of any offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (104 of 1956); or (d) of any offence under section 25, section 26, section 27, section 28 or section 29 of the Arms Act, 1959 (54 of 1959); or (e) of any offence under section