Jammu and Kashmir State Village and Town Patrol Act, 1959

No: 24 Dated: Nov, 28 1959

THE JAMMU AND KASHMIR STATE VILLAGE AND TOWN PATROL ACT, 1959

(Act No. XXIV of 1959)

    An Act to provide for the performance of night patrol duty by the inhabitants of villages and towns in the State in case of emergency.

Be it enacted by the Jammu and Kashmir State Legislature in the Tenth Year of the Republic of India as follows :-

1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir State Village and Town Patrol Act, 1959.

(2) It extends to the whole of the State.

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

2. Definitions. - In this Act, unless the context otherwise requires,-

(i) "committee" means a committee for a town or village constituted under section 4;

(ii) "town" means a town area as defined in the Jammu and Kashmir Town Area Act, Samvat 2011;

(iii) "village" means a parcel or parcels of land having a separate name in the revenue records and known limits and not included in the limits of a Municipality, Cantonment or town area; provided that the District Magistrate, wherever necessary, may treat a part of a village as a separate village for the purpose of this Act.

3. Power of District Magistrate to order for patrol duty. - (1) When the District Magistrate on the recommendation of an officer of the Police not below the rank of Inspector, or Company Commandant, as the case may be, posted on the Border having jurisdiction in that particular area, is of opinion that in any town or village in his district special measures are required to be taken to secure public safety, and the inhabitants of that town or village have not voluntarily made sufficient provision therefor, he may make an order in writing that from such date as he may fix in the order, all able-bodied adult male inhabitants of the town or village shall be liable to patrol duty :

    Provided that no person shall be called upon to discharge such patrol duty if he-

(a) is not a resident of the town or village in which the patrol duty is required;

(b) is under 18 years or above 50 years of age;

(c) is a person who has been convicted of any offence involving moral turpitude or has been bound under any of the preventive provisions of the Criminal Procedure Code; or

(d) is otherwise ill-reputed and of a bad character or is habitual offender or is a receiver of stolen property.

  (2) An order under sub-section (1) shall remain in force for such period not exceeding one year in the first instance as the District Magistrate may fix, but it may be renewed from time to time as the District Magistrate may direct.