No: 2 Dated: Mar, 22 1983

THE POLICE ACT, 1983 (1927 A.D.)

(Act No. II of Samvat 1983)

    Whereas it is expedient to re-organize the police and to make it a more efficient instrument for the prevention and detection of crime;

It is hereby enacted as follows

1. Short title. - This Act may be called the Police Act, 1983.

2. Commencement. - This Act shall come into force on and from the date of its third publication in the Jammu and Kashmir Government Gazette.

3. Repeal. - The Police Ain No. 1 of 1905 is hereby repealed.

4. Interpretation clause. - The following words and expressions in this Act shall have the meaning assigned to them, unless there be something in the subject or context repugnant to such construction, that is to say,-

the words "District Magistrate" shall mean the chief officer charged with executive administration of a district and exercising the powers of an Executive Magistrate, by whatever designation the chief officer charged with such executive administration is styled;

the word "Magistrate" shall include all persons within the general police district, exercising all or any of the powers of a Magistrate;

the word "police" shall include all persons who shall be enrolled under this Act;

the words "general police district" shall embrace the local area within the State, in which this Act shall be ordered to take effect;

The words "Superintendent" and "Superintendent of Police" shall include any Assistant Superintendent or other person appointed by general or special order of the Government to perform all or any of the duties of a Superintendent of Police under this Act in any district or part of a district;

the word "property" shall include any movable property, money or valuable security;

words importing the singular number shall include the plural number and words importing the plural number shall include the singular number:

words importing the masculine gender shall include females;

the word "person" shall include a company or corporation;

the word "month" shall mean a Hindi calendar month;

the word "cattle" shall, besides horned cattle, include elephants, camels, horses, asses, mules, sheep, goats and swine.

5. Constitution of the force. - The entire police establishment under the general police district, shall, for the purposes of this Act, be and deemed to be one police force, and shall be formally enrolled; and shall consist of such number of officers and men, and shall be constituted in such manner, and the members of such force shall receive such pay, as shall from time to time be ordered by the Government.

6. Superintendence in the Government. - No person. Court or officer shall have authority to appoint, supersede, or control any police functionary except as authorised by this Act:

Provided that, nothing herein contained shall be deemed to affect in any way the powers of superintendence and control vested in the Government,