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Bihar Police Act, 2007

 

Introduction

That, promotion and respect of the human rights of individual and protection of their civil, political, social, economic- and cultural rights is the first responsibility of the law;

And ,that, it is the constitutional responsibility of the state to provide an
impartial and capable police services for the protection of the interests of the
weaker section of the society including the minorities and respect the
democratic sentiments of the citizens;

And, that, for such a purpose it is necessary that the police personnel are professionally organized, service oriented free from outside influences and
accountable to the law;

And, that, keeping in view the challenges emerging before the police and the
security of the state, administration of good governance and the respect of
the human rights ,it is necessary to redefine the role of the police, their
duties and responsibilities;

And, that, it is necessary to appropriately strengthen the police so that it is
capable of working as an efficient ,effective, people friendly and
accountable agency;

Therefore, to provide for the establishment and management of the police
service, now, it is necessary that a new law is enacted as follows.
Be it enacted by Bihar State Legislature in the Fifty-eighth year of the
Republic of India.


Chapter I : Preliminary


1. Short title, extent and commencement;

(a) This Act may be called The Bihar Police Act,2007
(b) It shall come into force on such date as the state government may, by
notification, appoint.
(c) It extend to the whole of the state of Bihar


2. Definitions.
(1) In this Act, unless the context otherwise requires,-
(a) “Act” means the Bihar Police Act, 2007.

(b)“Cattle” means cattle having horns, elephants, camels, horses, mares,
ponies, sheep, goats, and pigs.

(c) “Rebel” means armed struggle including any political design against
the state by a group or class of the population with a view to
disintegrate any part of India

(d)“Internal security” means protection of sovereignty and integrity of
the state from separatists and anti-national elements within the state;

(e) “Militant activity” includes violent activities by any group using
explosives ,inflammable materials, fire arms or other deadly weapons
or hazardous materials in order to achieve their political objectives;

(f) ‘Organized Crimes” includes any crime committed by any group or
network of individuals using violent methods or threats or violence
with a view to get illegal benefits;

(g) “Terrorist Activities” includes activities by any individual or any
group using explosives or inflammable materials, fire arms or other
deadly weapons or hazardous gases or other chemicals or other kinds
of hazardous materials with a view to spread terror in the society or in
any class of the society and to destabilize any legitimate government;

(h) “Cyber Crimes” includes offensive activities relating to information
technology ,illegal access ( unauthorized access).illegal obstruction
(illegal transfer of data to the computer system, there from or therein
through technical means)interception of data( illegal loss, deletion
change, hiding of computer data) interception in the system
(interference in the operation of a computer system through the act of
insertion, transfer, loss, deletion, change or hiding of computer data ),
misuse of instruments, fraud (theft of ID) and electronic offences.

(i) “Moral Turpitude” means involvement in any crime which includes
violence, fraud,deciet peddling of drugs or crime against the state or
any crime related to it, wherein a punishment of three years or more
has been specified.

(j) “Government” means the State Government of Bihar.

(k) “Chief Secretary” means the chief secretary of the Government.

(l) “Place of public amusement and public entertainment” means the
place where people can enter by paying a fee or without paying the
fee and this includes:
(1) Picture hall
(2)Theatre
(3)Banquet hall
(4)Stadium

(m) “Police district” means the tract notified under section 7 of chapter II
of this Act, which is different from revenue district.

(n)“Police officer” means member of Bihar police service constituted
under this Act.

(o) “Public place” means such place where people can enter which
include the following:
(i) Any public building and monument and their precincts; and
(ii) Any place accessible to the public for drawing water, washing or
bathing or for the purpose of recreation.

(p) “Regulation” means regulation made under this Act;

(q) “Rule” means rules made under this Act.

(r) “Magistrate” means such executive magistrate as defined in the
Code of Criminal Panel code.

(s) “District Magistrate” means District Magistrate appointed for one
or more districts by the Government.

(t) “Sub-Divisional Magistrate” means Sub divisional officer
appointed for one or more subdivisions by the government.

(u) “District superintendent of Police” includes any Assistant District
Superintendent or any person appointed to perform all or any duty
of district superintendent of police in any district including district
of railway, under this Act.

(v) “Property” means any movable or immovable property, bank
account, any kind of investment or valuable securities.

(w) “District” means revenue land notified as District under code of
civil procedure 1908.

(x) “Power of superintendence” means and includes power to direct,
guide and power of instruction in executive and administrative
matters relating to investigation and it also includes the power to
repeal, modify, repeal revision of any administrative order issued
in such cases by any officer granted power under provisions of the
Code of Criminal Procedure, 1973 (2 of Central Act, 1974)

(y) “Post” shall mean and include subordinate post and superintending
post.

(z) “Superintending Post” shall mean post of the rank of
Deputy/Assistant superintendent of police and above.

(za) “Subordinating Post” means post of the rank of Assistant
superintendent of police or deputy superintendent of police or
member of lower rank.

(zb) “Prescribed” means prescribed by the government through rule,
order, circular or notification etc.


(2)Words and expressions used in this Act shall have the same meaning as
defined in General Clauses Act, 1897, The Code of Criminal Procedure
1973 and The Indian Penal Code, 1860.

Chapter II : Constitutional and Organisation of Police Service

(3) Police Service of the State
For the purpose of this Act under the government the whole police
organisation shall be treated as one police service. The members of Police
Service may be posted in any branch, including special branches of the
Police Service in the state.


(4) Constitution of the Police Service
Under the provision of this Act:

(i) For the purpose of this Act, the whole police organisation shall be
treated as one Police Service under the government and shall be formally
nominated and shall contain such members of officers and police
personnel and police force for special purposes such as categories of
Bihar Armed Police or Anti-riot combined force as required necessary for
the control of Riots etc. and shall be constituted in such a manner as
ordered by the Government from time to time.

(ii)The salary, allowances, service conditions of police personnel shall be
such as determined from time to time by the government through
rule/notification/order etc.


(5)Appointment of Director General, Additional Director General,
Inspector General, Deputy and Assistant Inspector General;

(1)The Government shall appoint Director General of Police who shall
exercise such powers and perform such functions and duty and such
responsibilities and power shall be vested in him which shall be
determined.

(2)The government may appoint one or more than one Additional
Director Generals and such number of Inspector Generals, Deputy and
assistant Inspector Generals as it may deem fit.


(6)Selection and Tenure of Director General of Police;

(1)The Director General of Police shall be appointed from the panel of
officers, which include officers already working at the post of Director
General of Police or shall contain such officers who have been found
suitable for promotion to the post of Director General of police by the
Committee under the rule formed under All India service Act, 1951(61 of
The Central Act, 1951)

(2) The Tenure of the Director General of Police appointed in such manner
shall normally be of Two Years.
However, the Director General of Police may be transferred from his
post before the completion of his Tenure by the government on the reasons
which are as follows:

(a) He has been convicted by any court for any punishable crime or he
has been charge sheeted by any court for being involved in any case
of corruption, of moral turpitude; or,

(b) If he is incapable due to any physical or mental ailment or due to any
other reason and is not able to discharge the duty of the Director
General of Police; or,

(c) Such a posting shall be subject to the consent of the officer promoted
on any higher post under the State or the Union Government.

(d) Any other administrative reason, which is in favour of the effective
discharge of the duty.

(7) Police District

The government through notification may declare any area as a police
district. The police administration of such police district shall be vested in
the superintendent of police under the general control and superintendence
of the District magistrate, who shall be assisted by such Additional Assistant
or Deputy Superintendent of Police as deem fit and notified.


(8)Police Station

(1)The government, considering the area status of crime, duty in relation to
law and order and the distance being covered by the public in reaching the
police station may by notification setup as many police stations along with
required number of police posts, as it deem expedient.

(2)For the purpose of control and supervision two or more police station
may be placed under one police circle.

(3)The head of the police station shall be the Station House Officer, who
shall not be below the rank sub-inspector of police.
However, the large police station may be placed under the supervision
of the officer of the rank of Inspector of Police.

(4) The number of police personnel deputed in the police station shall be as
much as determined by the government from time to time through the
general or special order.

(5) For filing of complaint of crime committed against women and children
and for performing the duty related to the administration of special
legislation connected with women and children there shall be a women and
children protecting desk staff in each police station, wherein as far as
possible, women police personnel shall be deputed.

(6) Each police station shall clearly display the guidance issued by the
Supreme Court, departmental order connected with arrest and details of
persons arrested and put in lock up, along with relevant information which
are required to be made public.


(9) Police Station to prevent atrocities against Scheduled
Castes/Scheduled Tribes

(1)The Government, through notification, may constitute police stations to
prevent atrocities on scheduled castes/scheduled tribes, as required.

(2)Investigation of cases filed in such police station, shall be conducted by a
police officer not below the rank of Deputy Superintendent of Police.


(10)Transfer and Posting on Subordinate Posts

(1)Deputation of Police Officer, from the rank of Inspector to Constable on
any special post, shall be made by the District Superintendent of police
within their jurisdiction. Their tenure shall be 6 years in the district 8
years in range and 10 years in the zone. The transfer from one district to
another within the range shall be made by the committee constituting
Deputy Inspector General of Police and District Superintendent of Police
of the range. The transfer from one range to another shall be made by the
committee constituting Inspector General of Police of the zone and
Deputy Inspector General of Police of all the range of the zone. Transfer
from one zone to another zone shall be made by the committee consisting
of the Additional Director General of Police and the Inspector General of
Police of the zone.

(2)The tenure of officers posted as the Station House Officer in a Police
Station or in charge of police circle or Sub-Division or Superintendent of
Police of the district shall be of minimum two years.
However, any of such officers may be transferred from their posts before
expiry of the tenure of two years or more for the following reasons:

(a) On promotion to the higher post or,

(b) On being convicted or charge sheeted for any punishable crime by any
court or,

(c) On being incapable of discharging their duties due to incapability due
to physical or mental ailment or any other reason or,

(d) Requirement to fill vacancies arising as a result of promotion transfer
or retirement or,

(e) Other administrative reason which is in favour of effective
discharging of duties.


(11) Authority of District Superintendent of Police over Rural Police
It will be lawful for the Government to declare that for the purpose of the
police, any such authority or any rural watchman or other rural police, being
exercised or may be exercised by the District Magistrate, shall be exercised
by the District Superintendent of Police subject to the general control of the
District Magistrate.


(12) District Administration

(1). In addition to The Code of Criminal Procedure, 1973, and other relevant
Act, it shall be necessary for the District Magistrate to maintain
coordination between the functioning of the police and the District
Administration in the following matters:

(a) Maintaining law and order.

(b) Implementation of social security law.

(c) Control of natural calamities and land reforms.

(d) Situation arising as a result of any internal disturbance.

(e) To ensure maintenance of supply of essential items.

(f) Protection of people of lower and weaker sections.

(g) Prevention of atrocities on scheduled castes/tribes

(h) Protection of human right, completion of development project of the state and removal of complaint.


(2). For the purpose of such coordination, the District Magistrate may call for general or special information from the Superintendent of Police and
head of other departments, whenever required. The District Magistrate,
considering the situation may issue proper order or issue written general
instructions.


(3). The District Magistrate or the Sub-Divisional Magistrate, in order to
maintain law and order, to protect minorities or weaker section for the
purpose of election or other purposes, may order for the deputation of
sufficient number of police force. The District Magistrate shall also
ensure that all the department of the district, whose assistance is required
for the effective working of the police, provide full assistance to the
Superintendent of Police.


(13) Railway Police


(1). The Government, through notification in official gazette, covering such
areas of the state as specified by the State Government, may create one or
more special police district and for each such special police district, may
appoint one Superintendent of Police and one or more Assistant and
Deputy Superintendent of Police and other Police Officers in required
numbers.

(2). Such police officers shall perform the police work relating to the railway
administration under the jurisdiction of their duty and shall also perform
the duty assigned to them from time to time by the State Government.


(3). Any police officer, who has been assigned power to work under this subsection through general or special order, subject to any order issued by
the state government for this purpose, may exercise the power equivalent
to the power of the Station House Officer of any police station in the
concerned special district or in a part thereof. The Police Officer, while
exercising these powers, which shall be subject to any such order
mentioned above, shall perform duty equivalent to that of the Station
House Officer of any police station under the jurisdiction of his Police
Station.


(4). Subject to any general or special order passed by the State Government
for this purpose, such police officer shall have the powers and privilege
in each part of the state under this Act or other law in effect at that time,
and that shall be subject to the responsibilities of the Police Officer.


(5). With the prior permission of the Government, the Superintendent of
Police, through this Act or there under, may, delegate the powers and
duties vested in him to any Assistant or Deputy Superintendent of Police.


14. The State Intelligence and Crime Investigation Department

(1) In accordance with the provision of this act, to collect, collate
analyse and exchange intelligence there shall be a state Intelligence
department and to investigate the inter-state, inter-district and other
specified offences there shall be a Crime investigation department.

(2) The government, shall, appoint an officer equivalent or higher to the
rank of the Inspector General of Police as Head of the above
mentioned Departments.

(3) In order to dispose of various kinds of offences, on which special
attention is required to be given or special consultation is necessary,
there shall be a special wing in the Crime investigation department.
The Head of each wing shall be the officer of the rank of the
Superintendent of Police.

(4)The Government, keeping in view the quantum and the nature of
work may appoint sufficient number of officer of different rank to
serve in the Crime Investigation Department and The state
intelligence Department.


15. Technology and the assistance Services:-

(1)The Government shall, in order to augment the efficiency of the police
service, under the overall control of the Director General of Police, create
and maintain an auxilliary technical agency and service as required.

(2)(a) The services so created, shall include required number of Members of
the state level fully equipped forensic science laboratory, Regional
forensic science laboratory for each range and mobile forensic science
units equipped with manpower, as required.

(b)The Government shall take all steps to promote the use of science
and technology in all aspect of the police services.

(3)The Government ,may ,for the whole state or part there of appoint one or
more Director of police telecommunication, who shall not be an officer blow
the rank of Deputy Inspector General Of police and in order to assist him,
may appoint Superintendent of police and Deputy Superintendent of police
in required number.

(4)In the same manner , The Government ,may ,for the whole state or part
there of appoint one or more Director of police transport, who shall not be an
officer below the rank of Deputy Inspector General Of police and in order to
assist him, may appoint Superintendent of police and Deputy Superintendent
of police in required number.


(16) The communication department

The government shall setup a separate department of communication, which
shall have officers and personnel with required qualifications and experience
as decided by the government from time to time. This department shall be
equipped with all modern facilities of communication in order to update
generation, transmission, retrieval, collection and all types of digital,
analogue and other data.


(17) Appointment of Directors of State Police Academy and Police
Training Colleges and Schools

The state government shall setup a state police academy and other training
institutes at the state level which may be necessary for the training of police
personnel of different posts.


(18) The oath or Affirmation made by the Police Personnel

Each member of the police service registered under this Act, on appointment
and completion of training shall have to take oath or make affirmation in the
prescribed manner before the officer appointed by the superintendent of
police or the Director General of Police.

(19) Special Police Officer

(1). Any police officer not below the rank of Deputy superintendent of
police, may, at any time for the period specified in the appointment
order in order to assist the police force , request the district magistrate
to appoint any able bodied person between the age of eighteen and
fifty as special police officer.

(2). Every Special Police Officer on appointment

(a)Take specified training and receive a certificate in a proforma
approved by the state government in this regard; and

(b)Have the same power, privileges and immunities as an ordinary
Police officer and be liable to the same duties and responsibilities and
subject to the same authorities as an ordinary police officer.

(20) Employment of Additional Police Officer at the cost of person
making request

Subject to the general instruction of the district magistrate, it shall be
lawful for the Inspector General of Police or Deputy Inspector
General of Police or Assistant Inspector General of Police or the
District Superintendent of Police to depute on the application of any
person, such number of additional police officer to maintain peace at
any place in the general police district as deemed fit. Such a police
force shall be subject to the order of the District Superintendent of
Police and shall be employed at the cost of the person making the
application.


Provided such person upon whose application such a
deployment has been made, may, giving a written notice of one
month, request the Inspector General of Police, Deputy Inspector
General of Police or District superintendent of Police or Assistant
Inspector General of Police for the withdrawal of the police officer so
deployed and such person shall be relieved from the cost of such
additional police force at the expiration of such period of notice.

(21)Employment of additional police force at Railway and at large work
Whenever a work on railway, canal or ant other public work is carried
out or any manufacturing or other commercial business is conducted in
any part of the state and it appears to the Director General of Police that
the behaviour or a reasonable apprehension of the behaviour of the
persons employed on such work manufactory or commercial concern,
necessitates the employment of additional police force at such places it
shall be lawful for the director General of Police to deploy additional
police force at such place and to keep them employed at such place for
so long as its necessity appears to continue and it shall be legitimate for
the Director General of Police issue order from time to time for the
payment of the cost of such additional police force to the person on
whose control or custody lies the fund used for carrying out such work,
manufacturing or commercial business, and thereafter such person shall
make the payment accordingly.

Chapter III : Superintendence and Administration of Police Force


(22) The superintendence of the state police force to vest in the state
government.

The overall superintendence and control of the police force shall be vested
in the government.


(23)The state police Board
The government shall, within six months of the implementation of this Act,
to discharge the duties vested under the provisions of this chapter, establish
a state police board.


(24)Structure of the State Police Board

The state police board shall constitute of the following:
1. Chief Secretary- Chairman
2. Director General of Police- Member
3. In charge secretary of department of Home-Member Secretary


(25)Functions of the State Police Board

The State Police Board shall discharge the following duties:

(a) Formation of comprehensive Policy Guidelines, for making police
administration efficient, affective, sensitive and accountable according
to the law.

(b) Identification of Performance Indicator for Assessment of the working
of police service,

The Performance Indicator inter alia, shall contain the following:-
Police Research and Response, accountability, maximum utilisation of
amendments, operative efficiency, public satisfaction, and satisfaction
of the victims in comparison to the compliance of norms of human
rights.

(c) Review and assessment of organisational work of district wise police
service in the state in comparison to the Performance Indicator
identified and determined and the resources available to and under the
control of the police.


(26) Complaint of violation of human rights

Complaints against police personnel and officers in connection with the
following matter shall be investigated by the state human rights
commission constituted under clause 21 of The Human Rights Act, 1993,
according to the process determined therein:

(1) Violation or abetment for violation of human rights
(2) Negligence in prevention of such violations.


(27) Power and Responsibilities of the Director General of Police

As the Head of the State Police Service, The Director General of Police shall
have the following responsibilities:

(a) To implement policies, strategic schemes and the annual plan
formulated by the government.

(b) Operation control and supervision of the police service in order to
ensure its efficiency, effectiveness, sensitivity and responsibility.


(28) Magisterial power of the Director General of Police
The power of a Magistrate shall be vested in the Director General of Police
in all general police district, who shall exercise these powers subject to the
extent determined by the Government from time to time.


(29) Provisions of Punishment

Subject to the provision to the Article 311 of the constitution and such
rule as the government enact from time to time under this Act, The Director
General of Police, Inspector General of Police, Deputy Inspector General of
Police and The District Superintendent of Police ,may, any time dismiss,
suspend or reduce the rank of such police officers of subordinate class any
time, who in their opinion, has abused his duty, has neglected his duty or is
unfit for the duty or any such officer of the subordinate class, who is
negligent in discharging his duty or has made himself incapable of
performing his duty due to some work , may award one or more of the
following punishments:

(a) Fine, which shall not be more than the salary of a month.

(b) Punishment such as drill, extra guard duty, hard work or other work
with or without confinement in quarter, the period of which may not
be more than fifteen days.

(c) Deprivation of salary of good behaviour.

(d) Removal from any dignified post or deprivation of any special pay.


(30)Transfer and Posting

(1). Transfer and Posting of police officers and Police Personnel of the
supervisory grade shall be governed by the conduct rule and other
rule formulated by the government from time to time.

(2). The tenure of officers shall normally be of two years.
However, any of such officers may be transferred from their posts
before expiry of the tenure of two years or more for the following
reasons:

(a) On promotion to the higher post.

(b) On being convicted or charge sheeted for any punishable crime
by any court.

(c) On being incapable of performing their duties due to
incapability or due to physical or mental ailment or any other
reason.

(d) Requirement to fill vacancies arising as a result of promotion
transfer or retirement.

(e) Other administrative reason which is in favour of efficient
performance of duties.


Chapter IV : Role, Function Duties and Responsibilities of Police

(31) Role, Function and Duty of Police
Role and duty of police shall, mainly be the following:-

(a) To follow law and implement them in a fair manner and protect the
life ,liberty, property and the human rights along with the dignity of
the public.

(b) To maintain and promote public order.

(c) To protect the internal security, prevent and control terrorist activities,
activities breaching communal harmony, activities affecting internal
security and other subversive activities.

(d) To protect road, rail, bridges, important infrastructures and
establishments etc. along with public property from riot violence or
other kind of attacks.

(e) To prevent crime and reduce the chances of commission of offences
by their preventive activities and steps and assist and cooperate with
other relevant agencies in actions to be taken for preventing offences.

(f) To properly file all information sent personally or brought to them by
representative of the individual or received through email or other
medium and take immediate follow up action after giving
acknowledgment of the information.

(g) To file compoundable offence brought to their attention through
notice and other medium and investigate them and duly provide a
copy of the First Information Report to the person filing FIR and
arrest offender whenever deemed proper and provide required
assistance in prosecuting them.

(h) To develop sense of confidence in various societies and maintain them
and so far as possible prevent conflict and increase feeling of
brotherhood among them.

(i) Taking initiative in providing every possible help to the person
affected by man-made or natural calamities actively, assists other
agencies in relief and rehabilitation work.

(j) To help persons having apprehension of physical loss or loss of
property and provide necessary assistance and relief to the victims.

(k) To regulate orderly transportation of people and vehicle and control
and regulate traffic on highway.

(l) To gather information relating to the matter connected with public
peace and all kind of offence and national security and apart from
taking suo motto action, shares such information with other relevant
agencies.

(m) To take charge of all unclaimed property in their possession as police
officer discharging their duty and take action for their secured custody
and their disposal as per the prescribed procedure.

(n) To provide security to public servants.

(o) To perform all such duties and responsibilities, which have been
imposed upon them by any authority vested with the power to issue
such instructions by the government or by the law for the time being
in force.

(p) To keep record of habitual offenders and organised offences and
display them in the police station.


(32)Maintenance of Diary by the Police Officer

It shall be the duty of each Station House Officer to maintain the
General Diary in the form prescribed by the government from time to
time and record therein all the information and charges framed, name of
all the person arrested, name of informer and offence, details of arms,
property or other items taken in their possession and the name of
witness examined. The District Magistrate shall have the power to call
for such diary and inspect them.


(33)Social duties of the Police

It shall be the duty of each officer

(a) To conduct in a dignified and polite manner while dealing with the
member of the public, especially senior citizen, women and children.

(b) To guide and assist member of the public, especially senior citizen,
women, children, poor people and destitute, physically and mentally
challenged people, who find themselves helpless or otherwise require
assistance and protection.

(c) To provide all possible assistance to victims of offences and road
accidents and ensure that they get immediate medical assistance
without any medico-legal formalities and to assist them in their
compensation and other legal claim.

(d) To ensure that the conduct of police are in a fair manner and in
accordance with the principles of human rights while taking special
care of the security of minorities along with weaker sections in all
circumstances especially during clash between various communities,
classes, castes and political parties.

(e) To prevent torture of women and children from indecent and
objectionable behaviour, lewd remarks or sufferings along with
torture in public places and public transport.

(f) To provide all possible assistance to members of the public, especially
women, children and poor and the destitute, against any offence or
exploitation by any person or organised group.

(g) To provide legally prescribed food and shelter to each person placed
in custody and to provide information of provision of legal assistance
schemes being made available to all such persons and also give
intimation to the concerned authorities in this regard.

(h) To follow and discharge any other responsibilities and duties
determined by the government from time to time.

(34) Duties in emergent circumstances

(1). The government shall by publishing notification in the gazette for a
specified period declared any specified service as important service
for the community, which may be extended from time to time by
publishing notification as required.

(2). Till the declaration made under sub-section (1) remains in effect, it
shall be the duty of each police officer to follow order given by any of
his senior officer in connection with the service specified in the
declaration.


(35) Discharge of duty of any subordinate officer by the senior police
officer

The senior police officer may discharge the duties of any of his subordinate
officer vested through law or legal order and shall assist and support in
duties of his subordinate officer shall protect the duties of his subordinate
officer or other persons working under his legal command or authority,
whenever it seems urgent or important to make the law completely or
accessibly effective.


Chapter V : Effective investigation of offences by using science and technology in investigation.


(36) Constitution of special investigation unit.

The government shall, constitute special offence investigation unit in crime
infested areas, which shall be headed by police officer not below the rank of
police sub-inspector of the states cadre which shall have assistance by
required number of officers and staff for investigation of economic and
heinous offences, except with the written permission of the Director General
of Police except in extraordinary circumstances personnel deputed in this
unit shall not be engaged in other work.


(37) Selection of officers deputed in special crime investigation units.

Selection of officers deputed in special crime investigation units shall be
made on the basis of their interest professional efficiency and their
faithfulness. Their professional efficiency hall be upgraded on time to time
by providing them special training for using scientific instruments related to
investigation techniques specially investigation and forensic science.

(38) Tenure of officers posted in special crime investigation units.

The tenure of officers posted in special crime investigation units shall
normally be of three years thereafter by turn they shall be engaged in the law
and order and other kind of work.

(39) Functions of the officers posted in special crime investigation units.

(1). Officers posted in special crime investigation units shall in addition to
work assigned specially by the district superintendent of police
investigated cases connected with murder, kidnapping, rape, dacoity,
robbery, offence related to dowry, fraud, misappropriation and other
economic offences as notified by the director general of police.

(2). Investigation of all other officers shall be conducted by other staff
posted in such police station.


(40) Supervision of investigation of cases of special offence.

Under the supervision of concerned station house officer, the supervision of
investigation of cases initiated by personnel of special crime investigation
unit shall be made by such officer who shall not be below the rank of
additional superintendent of police and shall directly submit the report to the
district superintendent of police. The supervising officer shall be assisted by
sufficient number of officers of the rank of deputy superintendent of police,
who shall be specially appointed to ensure qualitative investigation in this
profession.

However in small districts, when the quantity of work does not justify
posting of an officer of the rank of additional superintendent of police,
officer of the grade of the deputy superintendent of police shall be posted for
this purpose.


(41) Creation of special investigation cell

In order to investigate economic offences along with offences of serious
and other complex nature one or more special investigation cell shall be
created in each district which shall have such number of officers and staff as
the government deems proper. Such cell shall be in control and supervision of Additional Superintendent Of police.

(42) Special selection of officers and staff for special investigation cell.

Officers and staff to be posted in this cell shall be specially selected and
trained also.

(43) Crime investigation department

The crime investigation department of the state shall initiate investigation of
inter state, inter district and other offences of serious nature as notified by the government from time to time or specially handed over to it by the director general of police in accordance with the prescribed process and norms.

(44) Special investigation skill.

In crime investigation department there shall be special unit to investigate
cyber crimes, organised crime, cases relating to killing of humans, economic
offences and other kind of offences as notified by the government and for
which special investigation skill is required.

(45) Selection of officers of crime investigation department.

Selection of officers posted in the crime investigation department shall be
made on the basis of their interest, professional skill, experience and their
sincerity. They shall be given proper training after their selection and their
knowledge and skill shall be upgraded from time to time through reorientation and special courses.


(46) Tenure of officers posted in crime investigation department.

The tenure of officers posted in crime investigation department shall
normally be of three years and shall not be removed unless it becomes
necessary to remove them on one or more of the reasons to be mentioned.

(47) Legal advisor and offence analysts.

In order to guide, suggest and assist investigation officer, sufficient number
of legal advisors and offence analysts shall be made available in the crime
investigation department.


Chapter VI : Training, research and development

(48) Training policy.

The government shall, keeping in mind the present and future requirements
of the police system, prepare training cum education policy for the police.
The objective of training policy shall be to provide information on
concerned subjects develop professional skills among police personnel,
create right attitude and promote constitutional and moral values among
police personnel.


(49) Efficiency and training of police personnel.

In such training it shall be ensured that the police personnel are sufficiently
trained to efficiently perform their duty. As far a possible the successful
participation in the above training program hall be linked with promotion of
police personnel of different rank and various posting by the government
from time to time, through infrastructural method ,as notified by the
government from time to time

(50)Creation of basic infrastructure and capacity development for
training.

The government shall create and upgrade basic infrastructure and capacity of
the training institute as per the requirement of overall training of police
personnel of various grades.

(51) Research and development.

The government shall set up Police Research and Development Bureau
along with provisions for above personnel, fund and other resources so that
research and investigation work is carried out regularly on those subjects and
issues to improve the working and performance of police. The government
may sponsor other famous organisations and institutions to conduct special
study and research on subjects relevant to the police system.

(52) The government shall take sufficient steps to develop technology to
investigate and detect offences and scientific and technological assistance in
other work relating to the police system.


(53) Functions of State Police Research and Development Bureau.

The functions of state police research and development bureau shall include
the following.

(a) To keep information of modern instruments and techniques
successfully used by other police organisations in the country or
abroad and carry out assessment in connection with the adoption of
instruments used by the state police. This shall include such modern
products, arms and ammunitions, riot control instruments, traffic
control instruments, police transport and various scientific and
electronic instruments which are useful for research and other work
related to the police systems.


(b) To develop liaison and assistance with police research and
development bureau of the government of India, academies, renowned
scientific organisation, institutions and laboratories and private sector
undertakings.

(c) To study the special and upcoming problems of the police system of
the state so that steps for their solution and remedial measures may be
taken.

(d) To investigate the existing system of police organisation and give
suggestion regarding infrastructural, institutional and other necessary
changes in the police to make their working more efficient and
responsible, and

(e) Concurrent assessment and recording of the effect of modernisation
and training policies of the state police and submit the report of the
findings to the Director General of Police and the government.


Chapter VII

(54) Regulation control and discipline.

Subject to the approval of the state government, The Director General of
Police shall enact such rule, regulation or issue order for the following which
shall not be contrary to this Act or any other Act in effect at any time:-

(a) Prevention and investigation of offence.

(b) Regulation and inspection of work performed by the police
organisation or Police officer.

(c) Distribution of arms, ammunition, accoutrements, uniforms and other
items and decides the quantity.

(d) To assign duties to officers of all ranks and grade and decide the
manner and condition subject to which they shall exercise their power
and discharge their duties.

(e) To regulate the collection and transmission of intelligence and
information.

(f) Determine the record, register and Performa to be maintained and
details to be prepared by various police units and officers.

(g) To make police more skilful and prevent abuse of power and neglect
of duty by them.

(55) Power to make Rules and Regulations.

The Government shall make rule for the regulation, control and discipline of
police.

Provided that by the time a new Police Law under this Act is enacted, the
existing Bihar and Orissa Arms Police Act, 1933 and Police Law and
existing articles, regulations, notifications order and circulars shall remain in
effect as if enacted in this Act.

(56) Police Officer always on duty.

Every officer, not on leave or under suspension, shall, for all purposes of this
Act, be deemed to be always on duty and may be posted to any part of the
state at any time.

(57) Posting of Police Officer

Any police officer, unless properly authorised, shall not leave his duty or
place of appointment or posting.

Explanation:-Any officer on being authorised leave does not report on his
duty without any valid reason after completion of such leave, shall, under
the meaning of this article, be deemed to have neglected himself from the
duties of his post.

(58) Police Officer not to engage in other employment

Under this Act, no police officer shall hold any other employment or office
of profit other than his duty.


Chapter VIII : Responsibility of Police

Accountability for conduct

(59)District Accountability Authority

The Government shall, for the purpose of functions mentioned in Section 60,
set up “District Accountability Authority”. The District Magistrate shall be
the head of the District Accountability Authority and the Superintendent of
Police shall be the member and the Senior Additional District Magistrate and
The Additional District Collector shall be the Member Secretary.

(60)Functions of the District Accountability Authority

(1) The District Accountability Authority shall perform the following
work:

(a) Shall monitor the departmental enquiry or actions related to the
complaints of “misbehaviour” against officers below the rank of
Assistant/Deputy Superintendent of Police on the basis of quarterly
report received from time to time from the District Superintendent
of police.

(b) If the authority is of the view that unnecessary delay is being made
in the conduct of enquiry in any case, it shall give proper advice to
the District Superintendent of Police to speedily complete the
enquiry.

(2) When a complainant, in case of undue relay in the process of
departmental enquiry in the matter of his complaint on being
dissatisfied by the result of the enquiry as a result of violation of
principles of natural justice in conducting disciplinary enquiry, brings
the matter in the knowledge of the Authority, it may call for the report
from the District Superintendent of Police in relation to the complaint
of the “misbehaviour” against any officer below the rank of
Assistant/Deputy Superintendent of Police and may give proper
advice for further action or if necessary, may give instruction to the
Superintendent of Police to get enquiry conducted by any other
officer.

Provided that provisions included in the above sub-section (1) and (2)
shall not be deemed to dilute disciplinary, supervisory or
administrative control of the District Superintendent of Police.


(61)Report of the District Accountability Authority

(1). Every District Accountability Authority shall, before the completion
of each calendar year, prepare an annual report and submit to the
Government which inter alia shall include the following:-

(a) The number and nature of cases of “misbehaviour” forwarded by it
respectively to the Government and the District Superintendent of
Police during the year.

(b) The number and nature of cases monitored by it during the year.

(c) The number and nature of cases of “misbehaviour” sent to them by the
complainants on being dissatisfied by the departmental enquiry of
their complaints.

(d) The number and nature of cases mentioned above in (c) wherein
advice or instructions for further actions have been issued to the
Police by them and,

(e) Recommendations relating to the steps to enhance the responsibility
of Police.


(62) Right of the complainant.

(1) The complainant may lodge his complaint in relation to any
“misbehaviour” of Police Personnel with the Departmental Police
Authority or the District Accountability Authority.

Provided that, if the content of the complaint is being enquired into by
any other commission or any court, no such complaint shall be
considered by the commission or the Authority.

(2) The complainant shall have the right to get information of the
development of the enquiry from time to time by the enquiry officer.
On completion of the enquiry or departmental proceedings, the
complainant shall be informed of the findings of the enquiry and the
final action taken on the matter, as soon as possible.


(63) Protection of action taken in good faith.

In accordance with the provisions of this Act, in connection with any act
performed or to be performed in good faith, no case or other legal action
against the state government, state police board, its members and staff, any
police officer/police accountability authority its member, staff or any person
working under the direction of the Board or Authority or member or staff of
District Accountability Authority, shall be admissible.

(64) Deputing additional police in disturbed or turbulent districts.

(1) Through proclamation to be notified in the Gazette and through other
manner as directed by the Government, it shall be lawful for the
Government to proclaim for any area under its jurisdiction, that the
situation of disturbance or turbulence has developed in that area as a
result of the conduct of the resident, or any of its class or community
of such area, it is expedient that the strength of the Police may be
increased.

(2) Thereupon, with the concurrence of the Government, it shall be lawful
for the Director General of Police or other officer authorised by the
Government for this purpose that in the area specified in the above
proclamation he depute additional police force from the strength
generally stipulated.

(3) Subject to the provisions of sub-clause (5) of this clause, the cost of
such police force shall be borne by the resident of the area mentioned
in the proclamation.

(4) The District Magistrate shall, on conducting such enquiry, if he deems
fit, apportion such cost among those resident, who according to above
are liable to bear thereof and who have not been granted relaxation
under subsequent clause. Such apportion shall be made on the basis of
the individual means of the residents of such area by the decision of
the District Magistrate.

(5) It shall be lawful for the government to grant exemption of any part of
such cost to any individual or class or community.

(6) In every proclamation issued under sub-section (1) of this section that
period shall be mentioned during which the proclamation shall remain
effective, however this may be withdrawn any time may be continued
for further period or periods or from time to time as the government
deem fit and directs in each case.

Explanation:-For purpose of this section, the resident shall include
such persons, self or their agents or servants, who is occupying or
holding land or other immovable property in such area such land
owner, self or their agent or servants, who are recovering rent direct
from subjects or occupants irrespective of whether they are really
living in that area or not.

“Resident” shall include real resident of that area irrespective of
whether they are land owner or not.


(65)Providing compensation to the persons suffering from the conduct
of the resident or persons having interest in land.

(1). In such area, in relation to which proclamation notified under
preceding section is given effect, if any death or grievous hurt or loss
or damage to property has taken place as a result of the misbehaviour
or due to the misbehaviour of the residents or any class of society of
the area, it shall be lawful for the resident of the area, who claims to
have suffered from such misbehaviour, to apply for compensation,
within one month of the date of such damage, or within a period less
than that as decided, to the District Magistrate or Sub-Divisional
Magistrate, under whose jurisdiction such area is situated.

(2). Thereafter, it shall be lawful for the District Magistrate after
conducting enquiry as required, with the permission of the
Government, to take the following actions, whether under preceding
sections additional police has been deputed or not in such area:

(a) Shall declare the name of persons who have suffered due to such
behaviour or as a result thereof,

(b) Shall determine the amount of compensation to be paid to such
persons and the manner of distribution among them.

(c) Shall, different from the application determine the proportion to be
paid by such residents of that area, who have not been granted
remission from the responsibility of payment under the next
succeeding sub-section.


Provided, that the District Magistrate/Sub-Divisional Magistrate
shall not make any announcements or shall not determine under
their sub-section, till he comes to the opinion that the above
damage has been caused due to riot or unlawful assembly in such
area and the person who has suffered damage has been absolved of
the incident as a result of which, such a damage has been caused.


(3). It shall be lawful for the Government to issue order to exempt any
person or class or society of such resident from the responsibility of
paying any part of such compensation.

(4). Subject to the revision by the commissioner of the Division or the
Government, every declaration or assessment made or order issued
under sub-section (2) except the aforesaid, shall be final.

(5). No civil suit, in relation to the compensation adjusted under this
section for any of the damage, shall be liable to be maintained.

Explanation:-The word “Resident” shall have the same meaning as
defined in the preceding section.


Chapter IX : Common offence, punishment and responsibilities.

Arrangements in lane and public places.

(66) Regulations of public meetings and processions

(1). It shall be the duty of the person intending to organise procession on
any road, lane or common road or convene meeting at public place, to
give written intimation to the Station House Officer of the concerned
Police Station in this regard.

(2). (a) Any officer, at least of the rank of Assistant/Deputy Superintendent
of Police, shall wherever necessary, give directions, for conduct of all
meeting, procession on all public street, lane or common road and
shall decide the route and time for the passage of any of such
processions.

(b) On being satisfied that any person intends or persons intend to
organise or convene public meeting or procession on any street, lane
or common road, which in the opinion of the District Magistrate or the
Sub-Divisional Magistrate may disturb peace, in case it goes out of
control, shall ,through a general or special notice also call upon the
person organising or convening such public meeting or leading or
encouraging such procession, to apply for the license thereof.

(c)After application is given, he shall issue a license, which shall
contain names of the concerned license holder and the conditions on
which convening such public meeting or procession, shall be allowed,
provided no fee shall be charged for granting such license.

(d) He shall also regulate the limit of the volume of the music to be
played in lane on the occasion of music concert or festivals or other
occasions.


(67) Assembly and procession violating certain conditions

(1). Police Officers at least of the rank of Sub inspector authorised for this
purpose by any magistrate or District Superintendent of Police shall
prevent or order for dispersal of the public meeting or procession
violating the conditions specified under sub-sections (1) and (2) of
section (66).


(2). Any public meeting or procession ignoring or denying to follow any
order specified in the above sub-section (1) shall be treated as illegal
meeting under chapter XIII of the Indian Penal Code, 1860.


(68)The power to forbid, impose ban, regulate or impose condition on
playing of microphone, etc.

(1). The District Magistrate or the District Superintendent of Police or
Sub-divisional Magistrate or Magistrate or Sub-Divisional Police
Officer or Station House Officer of the police station is of the opinion
that, in order to prevent annoyance of people or any of its class or to
prevent the injury to their health or to maintain peace or tranquillity,
it is necessary to do so, shall, in the area of its jurisdiction or in such
area, by order, be able to forbid, prohibit or regulate the playing of
microphone, loud speaker or sound amplifier or shall be able to
impose condition on their use and operation.


(2). The Government , suo motu or on the representation of any aggrieved
person or persons may modify or change or cancel any order issued
under sub-section (1)


(3). Police Officer, at least of the rank of Sub-inspector, in order to ensure
the compliance of any order issued under sub-section (1) or any order
modified or changed under sub-section (2) may take such measures or
use such force as proper and expedient and may confiscate any
microphone, loud speaker or other instrument being used or operated
to violate the order.


(4). The police officer impound the microphone, loud speakers, or other
instruments under sub-section (3) may also impound any such vehicle
on which such microphone, loud speaker, or other instrument is being
carried, or being taken or has been installed.

Provided , the Police Officer, at least of the rank of sub Inspector of
that police station under the jurisdiction of which the vehicle has been
impounded, may release such vehicle on the bond of an amount not
more than rupees five thousand, which he deems proper, executed in
favour of the Government by the owner of the vehicle with the
condition that the vehicle shall be presented at the time of
investigation or trial and that the person shall surrender the vehicle if
given instructions to surrender under sub-section (5).

(5). If any person, contravening the order of the District Magistrate,
District Superintendent of Police, or Sub-Divisional Magistrate or any
Magistrate or any Sub-Divisional Police Officer or Station House
Officer of any police station issued under sub-section (1) or modified
or changed by the Government under sub-section (2), is convicted,
shall be liable to a penalty of up to rupees One Thousand and the court
conducting trial of offence under this section, shall also issue the order
to surrender the microphone, loud speaker or other instrument
impounded under sub-section (3) or the vehicle impounded under subsection
(4) and released under the provision thereof.


(6). The provision of this section shall be in addition to the power vested
by any other section and shall not be a dilution thereof.


(69) Instructions to maintain order on public streets.

The District Superintendent of Police or any officer authorised by him in this
regard, shall, in order to prevent obstruction, injury or difficulty caused to a
person passing through the street, and control pollution, by general or special
order issue proper instructions to maintain order on public street and lane,
common road or any public place.

(70) Punishment for contravening orders or instructions.

The person not complying with the legal orders issued under sections (69)
and (71), may be arrested and on being convicted by the Magistrate, shall be
punished with fine which may extend to Ten Thousand Rupees.

(71) The power to resolve a public place and to raise barricades.

(1). The District Magistrate, through intimation may temporarily reserve any
public place for public purpose and may prohibit the passage of people
except under specified conditions.

(a) The District Magistrate for erecting barrier and other necessary
structure in street or lane may authorise any police officer so that
checking of vehicle could be conducted or violation of any provisions
by the vehicle owner could be prevented.

(b) At the time of issuing such orders, necessary measures for insuring
safety of commuter shall also be determined.

(c) Such temporary structures may be removed after completion of the
purpose of its erection.


(72) Obstruction in police duty.

Any person causing obstruction in discharge of duties or obstruction in
performance of work of police officer on conviction shall be punished with
fine which may extend to Five Thousand Rupees or with a simple
imprisonment, which may extend to a maximum of three months, or both.

(73) Unauthorised use of Police Uniform.

If any person, not being a member of the Police Force, wears, without the
permission of the office authorised by the Government in this behalf, the
Uniform of the Police Force or any dress having the appearance or bearing
any of the distinctive marks of the Police Uniform, shall, on conviction, be
punished with simple imprisonment which may extend to a maximum of
six months of simple imprisonment or fine, which may extend to a
maximum of a Thousand Rupees, or both.

(74) The charge of unclaimed property shall be taken over by the Police
Officer and shall be disposed off under the order of the Magistrate.

It shall be the duty of the Police Officer to take charge of the unclaimed
properties and submit a list thereof to the District Magistrate. The Police
Officer, in relation to the disposal of such property, shall be guided by the
orders received by the District Magistrate.

(75) The District Magistrate may keep the property in his charge and
issue proclamation.

(1). The District Magistrate may keep the property in his charge and issue
proclamation wherein he shall specify the item of the owner and shall
require the person making any claim in this regard to establish his
claim within Six Months of the date of proclamation in this regard.


(2). Provision of section 457 of The Code of Criminal Procedure, 1973, (2
of 1974) shall apply in relation to property specified in this section.

(76) Confiscation of property when no claimant comes forward.

(1). If no person within such period establishes his claim on such property
or if the same has not already been sold off under sub-section (2) of
previous preceding section and if it is sold, such a sale shall be made
under the order of the District magistrate.

(2). The proceeds of property sold under preceding section and the
proceeds of the property sold, whose claim could not be established,
shall be dealt with in such a manner as prescribed by the Government.


(77)Refusal to deliver certificate of appointment etc. on ceasing to be a
police officer.

If a person on ceasing to be a police officer does not deliver his certificate of
appointment, accoutrements, clothing and other necessaries, which have
been furnished to him for the performance of his duties, on conviction by the
Magistrate, shall be liable for a fine, which may extend to Ten Thousand
Rupees.

(78)Offences committed by police.

Every police officer, found guilty of dereliction of duty or guilty of
neglecting any rule or regulations of lawful order formulated by the
competent authority or withdraws himself from the duties of his office for a
period of two months without prior permission or prior information or on
being on leave fails to report on his duty on completion of such leave
without valid reason or is engaged in any other employment different from
his duty without permission or is guilty of cowardice or guilty of
unauthorised personal violence against any person under his custody, shall,
on conviction, be punished with a fine equal to the salary of three months or
three months with or without rigorous imprisonment or both.

(79)Offences committed by public.

(1). Any person, committing following offence, causing inconvenience,
annoyance to the residents or commuters on any street or lane or
common road within the border of the area specially notified by the
District Magistrate or on the open space in the vicinity, thereof shall, on
conviction, be liable to pay a fine, which may extend to a maximum of
Five Thousand Rupees:

(a) Negligently let loose any animal, or allow animal or vehicle, which
has to be loaded or unloaded, or has to take up or set down
passengers, to remain there for longer than may be necessary for
such purpose or leaving any vehicle standing in a disorderly
manner.

(b) Found drunk and creating disturbance.

(c) Neglects to fence in or duly protect any well, tank, pond, or other
dangerous place or structure in his control or occupation, or causes
obstruction in any other manner in public place.

(d) Without the prior consent of the owner defaces of affixes any bill
or writes slogan on walls, buildings or any other structure.

(e) Wilfully enter into any Government building, land or field
connected therewith without any sufficient reasons.

(f) Knowingly creates rumours, gives false alarms in order to create
confusion in police. Fire brigade or other necessary services.

(g) Knowingly destroys or damages any public alarm system.

(h) Knowingly and wilfully causes damage to spread terror in public.

(i) Contravenes notices displayed in the public by competent authority
in any Government building.

(j) Provided the police takes cognizance of the offence on the
complaint lodged by any authorised officer of the concerned office.

(k) Harassing any women by passing lewd remarks, indecent proposal,
or indication or by following her clandestinely.

Provided police takes cognizance of such an offence on complaints
made only by the victim.

(2). It shall be lawful for any police officer to arrest such person who
commits any of the offences mentioned under sub-section (1).
However, the person so arrested shall be released on bail of personal
bond.


(80) Process regarding affixing guidance and public notices.

(1). All the general guidelines, regulations or public notices issued under
this chapter hall be published, by affixing a copy thereof at the office of
the District Magistrate, Sub-Divisional, Divisional/Regional offices,
office of the Panchayat, and displaying at a distinctive place in building
and places connected therewith or by making a declaration of the notice
by beating drums or by giving advertisements thereof in the newspaper
and other media or through other means as the Superintendent of Police
deems fit, shall be published.

Provided that the Superintendent of Police on being satisfied that it is in
the public interest to implement any regulation with immediate affect
such a direction and regulation may be formulated without prior
publication.

(2). If any instruction or regulation formulated under this section is related
to any case in connection to which there is a provision in any
corporation or other town or local authority on public health or any law
or rule or sub-rule relating to facility or security of the area. Such a
regulation shall be subject to such law, rule or sub-rule.

(81) Prosecution of the police officer.

When an offender is a police officer, under this Act no court, except on
receiving written report by the Government on the facts of other offence or
on prior sanction of any officer authorised by the State Government, shall
take cognizance.


(82) Prosecution of offences under other laws.

Subject to the provisions included in section 300 of the Code of Criminal
Procedure, 1973, person from being prosecuted or tried under any other law
made punishable by this Act.

(83) Summary disposal of certain cases.

(1) Any Magistrate taking cognizance of an offence punishable under
section 72, 77 & 78 may state upon the summons to be served on the
accused person that he may, by a specified date prior to the hearing of the
charge, plead guilty to the charge by registered letter and remit to the court a
sum as the court may specify.

(2) Where an accused person pleads guilty and remits the sum specified in
sub-section (1), no further proceedings in respect of the offence shall be
taken against him.

(84)Recovery of penalties and fine imposed by the Magistrate.

On conviction by any Magistrate, the provisions of sections 64 to 70 of the
Indian Penal Code, 1860 and sections 386 to 389 of the Code of Criminal
Procedure, 1973, shall apply in recovery of penalties and fine imposed under
this Act.

Provided that any thing being mentioned in section 65 of the Indian Penal
Code, 1860, if a person does not pay the fine imposed under section 73, 78
& 79 of this chapter, he may be punished with imprisonment of any period
which shall not extend for more than eight days.

(85) Extent of the Action.

No court, after the end of the time period provided in section 468 of the
Code of Criminal Procedure, 1973, shall take cognizance of any of the
offence under this chapter. In order to calculate the time period, provisions
of chapter XXXVI of the Code of Criminal Procedure shall apply.


Chapter X : Miscellaneous

(86) Disposal of fees, rewards, etc.

All fees paid for licenses or written permissions issued under this Act, and
all sums paid for the service of processes by Police officers, and all rewards,
forfeiture and penalties or share thereof which are by law payable to police
officers as informers, shall, save in so far to any such fees or sums belong
under the provisions of any enactment in force to any local authority, be
credited to the Government.

Provided that with the sanction of the Government, or under any rule made
by the Government in that behalf the whole or any portion of such reward,
forfeiture or penalty may, for special services, be paid to a Police officer or
be divided amongst two or more Police officers.

(87) Method of proving orders and notifications.

Any order or notification published or issued by the Government or by a
Magistrate or officer under any provision of this Act, and the due publication
or issue thereof, may be proved by production of a copy thereof, in the
official Gazette or of a copy thereof signed by such Magistrate or officer,
and by him certified to be a true copy of the original published or issued
according to the provisions of the section of this Act applicable thereto.

(88). Procedure of providing certificate to rules and orders.

No rule, order, direction, adjudication, inquiry or notification made or
published, and no act done under any provision of this Act or of any rule
made under this Act, or in substantial conformity to the same, shall be
deemed illegal, void, invalid or insufficient by reason of any defect of form
or any irregularity of procedure.

(89) Officers holding charge of, or succeeding to vacancies competent to
exercise powers.

Whenever in consequence of the office of a Commissioner, or Police officer
becoming vacant, any officer holds charge or additional charge of the post of
such Commissioner, or Police officer or succeeds, either temporarily or
permanently to his office, such officer shall be competent to exercise all the
powers and perform all the duties respectively conferred and imposed by this
Act on such Commissioner, or Police officer, as the case may be.

(90) Licenses and permissions to specify conditions, etc., and to be
signed.

(1). Any license or written permission granted under the provisions of
this Act shall specify the period and locality for which, and the
conditions and the restrictions subject to which, the same is granted,
and shall be given under the signature of the competent authority and
such fee shall be charged therefore as is prescribed by any rule under
this Act in that behalf.

(2). License to be cancelled
Any license or written permission granted under this Act may at any
time be suspended or revoked by the competent authority if any of its
conditions or restrictions is infringed or evaded by the person to
whom it has been granted if such person is convicted of any offence in
any matter to which such license or permission relates.

(3). When license is cancelled the license holder is deemed to be
without license

When any such license or written permission is suspended or revoked,
or when the period for which the same was granted has expired, the
person to whom the same was granted, shall, for all purposes of this
Act, be deemed to be without a license or written permission, until the
order for suspending or revoking the same is cancelled, or until the
same is renewed, as the case maybe.

(4). License holder to produce license and permission when called
for.
Every person to whom any such license or written permission has
been granted, shall, while the same remains in force, at all reasonable
times produce the same, if so required by a Police officer

Explanation:- For the purpose of this section any such infringement
or evasion by, or conviction of, a servant or other agent acting on
behalf of the person to whom the license or written permission has
been granted shall be deemed to be infringement, or evasion by or, as
the case may be, conviction of, the person to whom such license or
written permission has been granted

(91) Public notices how to be given.

Any public notice required to be given under any of the provisions of this
Act shall be in writing under the signature of a competent authority and shall
be published in the locality to be affected thereby, affixing copies thereof in
conspicuous public places, or by proclaiming the same with beat of drums,
or by advertising the same in such local newspapers, as the said authority
may deem fit, or by any two or more of these means and by any other means
it may think suitable.

(92) Consent, etc., of a competent authority may be proved by writing
under his signature.

Whenever under this Act, the doing or the omitting to do anything or the
validity of anything depends upon the consent, approval, declaration,
opinion or satisfaction of a competent authority a written document signed
by a competent authority purporting to conveyor set forth such consent,
approval, declaration, opinion or satisfaction shall be sufficient evidence
thereof.

(93) Signature on notices, etc., may be stamped.

Every license, written permission, notice or other document, not being a
summons or warrant, or search-warrant, required by this Act, or by any rule
there under to bear the signature of the Commissioner, shall be deemed to be
properly signed if it bears a facsimile of his signature stamped thereon.

(94) Power to make rules.

The Government may make rules for carrying out the purposes of this Act.

(95) Power to remove difficulties.

If any difficulty arises in giving effect to the provision of this Act, the
government may, by notification in the official Gazette, make such
provisions as appear to it to be necessary or expedient to remove difficulty.


(96) Notification of rule and regulations and rule and regulations to be
published in the Gazette

(a) Every rule and regulation framed under this Act shall be published in
the Gazette.

(b) All rules and regulations made by the Government under this Act,
shall be laid as soon as may be after they are made, before each House
of the State Legislature while it is in session, for a total period of
thirty days, which may be comprised in one session or in two or more
successive sessions and if, before the expiry of any or first session of
successive session as the case may be, in which it is so laid , both
Houses agree in making any modification in the rule or regulation or
both Houses agree that the rule or regulation should not be made, the
rule shall thereafter have effect only in such modified form or be of no
effect, as the case may be;

So however that any such modification or annulment shall be
without prejudice to the validity of anything done under that rule or
regulation.

(97) Repeal and Saving

(1). The Police Act, 1861 so far as it relates to the State of Bihar is hereby
repealed.

(2). The Bengal Armed Police Act, 1892 (V of 1892), so far as it relates to
the State of Bihar is hereby repealed. However, in spite of such repeal,
the existing class and grade of Armed Police Officer under chapter V
of the Act, 1892, shall remain in existence till a new Bihar Armed
Police Act is not framed.

(3). In spite of such repeal, any act done or any action taken or any action
initiated under this rule shall be deemed to be the act done or action
taken or action initiated under this Act.


(4). All the context of any section of any of the provisions of this Act,
which may have been repealed, shall be deemed as the context of the
concerned provisions of this Act.

 

 
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