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The Calcutta Police Act, 1866

Act 4 of 1866

Keyword(s): Town of Calcutta, Magistrate, Property, Oath, Cattle, Investigation, Officer in Charge of a Police-Station, Explosive Substance, Place of Public Amusement, Place of Public Entertainment, Police Officer, Police Station, Public Place, Street, Subordinate Ranks, Vehicle

Bengal Act N of 1866 (THIE CALCUITA POLICE ACT, 1866.)

CONTENTS. : Preamble. 'Scclion. "

1 . Shori litle. 2. (Repealed). 3. Interprclalion . 4. Con~missioncr of Policc. 5. Appoin~ment of dcpulies lo Commissioner. 6. Cornmissioncr shall not ordinarily bc n Magistratc. 7. Cornmissioncr lo be ]uslice of [he Peacc, but to act only in cerlain cascs. 8. ConsBtulion of Policc-force, 9. Policc lo be undcr conlml oTCommissioncr. Rules for government of policc lo be madc

by Commissioncr and approved by the Smle Government. 9A. Power of Statc Governrnen~ lo iramc rules. 9B. Appoin~ment, dismissal and punishment of subordinate ranks of h e Police-force. 9C. Validi~y of appoinunent, dismissal and punishmenloisubordinate ranks in certain cascs. 10. Power of Commissioner 10 suspend or dismiss or inflict any other punishment on any

member of the subordinate ranks of h c Police-force. 1,

! 1OA. Durics of Policc-officers.

I 1 . Power lo fine members of subordinate ranks of [he Police-force. 12. (Repealed). 13. Members of thc Police-force to receivc ccruficate vesting [hem with powers of Policc-

i ofliccr.

13A. Membcrs of subordinate ranks of thc Police-forcc prohibited from other emp1oymen1. I

13B. Offcnces by Police-oficets. I

13C. Vcxauous entry, search, seizure, arrest, dctcnlion, elc., by Police-officers. 14. Members of subordinate ranks of h e Police-force no! to resign wilhout leavc or nolice.

L4A. Falsc starernent to oblain ernplaymen1 or relcasc. 15. Penally for dismissed members OF the Police-forcc nor delivering up dolhing, accounve-

mcnts, ecc. : 1 6. 17. (Repealed).

18. Powcr lo appoint special constables. 19. Powers of special constables. 20. Penally for spccial constable ncglecling or refusing lo serve, CIC.

20A. Special Police-orficcrs. 21. Appointmcnl of additional constables on applicalion of privatc individuals.

2 IA. Constitution oldivisions and sccdons. 22 lo 24. (Repealed).

25. Execution of warrants. 26 to 28. (Repealed).

29. Wrongfully entering or rcmainjng in or on building, land, vehicle, etc. 30,3 1. (Repealed).

32. Apprehension and punishment of rcpured thievcs, ctc. 33. Pcnalty for taking spirits into b m c k s or on board vessels of war. 34. Penalty for laking spirirs, etc., i n ~ o jail. 35. Penally for keeping hotel, elc., withoul license.

The Calctrrra Police Act, f866.

Section. 6SB. (Repealed).

69. (Repealed). 70. Beggars.

%A. (Repeoled). 71. Suay animals to bc impounded and sold unless redeemed within Len days.

I 7 1A. Restrictions as to bringing, keeping or possessing dangerous animals. 72. Power to arrest without warram.

72A. (Repealed). 73. {Repealed). 74. Apprcherlsion oC offenders by private individuals. 75. Pcnalty for assaulting or resisting person apprehending under seclion 74. 76. Dctcntion O F persons taken into custody by police withou~ warrant. 77. Power to takc recognizances at police-station. 78. Condidon of rccognizance.

78A. Power of Commissioncr of Policc to require attendance and oblain shlemenb of wirnesses. 79. On suspicion of goods being stolen or unlawfully obtained, Commissioner may grant

search warrant. 80. Power to search houscs for stolen propcrty wirhoul warrant.

BOA. Power ID search for persons wrongfully confined. I

SOB. When oFFicer in charge of police-station may rcquirc mothcr to issue search warrant. 80C. Procedure in making searches.

8 1. Seizure of slolen propcrty. 82 to 94. (Repealed).

95. IT Magisvatc certifies non-appearance of person pursuant to rccognizancc, sum ach~owlcdged may be recovered as fine.

96 lo 98. (Repeoled). 99. CIarrse I.-Limitarion of acuons.

No~icc of actions. Clause 2 P l c a .

Tender of mcnds. Coso.

100. Police lo take charge of unclaimed rnovablc properly. 101. Disposal of such propem. 102. Stay dogs to be killed at certain appoinled periods.

102A. Public noliccs how to be given. 1026. Conscn~, etc., of Commissioncr of Police or Police-officer how to be proved. 102C. Stamping of signamre.

103. (Rcpeuled).

Form A. Form B . (Repealed). Schedule of fees.

Bengal Act N of 1866 (THE CALCUTTA POLICE ACT, 1866.)'

&PEALED IN PART

'LEGISUTI\T Phr~~~ . -ForS la l rmrnt ofObjecrsand Rmons-sceIhc Cnlc~rfra Guzerfe. 1865, page 2092.

L m Emm.~.-This Act cxlcnrls only to ~ h c iown ol Calcu~ct--~cc rhc prcamblc md ss. I . 3 md 4.

h e n En~mevrs.-For other cnaclmcnls ~ f ~ l i n g to tk Cdcutra Policr. see- (1) r h Cslculta Pon ACI, 1890 (Bm. Acl Ill 01 18901, ss, 129 to 134 and 140: (1) he \Vest Bcngal Fir* Servicw Act, 1950 ( ~ c s l k c n . Act XVIlI of 1950). s. 35:

I Ben. Act II of 1867. Ben. Act I of 1869. Ben. Acl XII of 1873. Ben. Act XU of 1875. Ben. Act TV of 1877.

. . Bcn. Acl W of 1879. Ben. Acl I of 1890. Ben. Acr VI of 1905. Ben. Act XliI of 1923. Ben. ACI VLI of 1943.

. .

Ben. Acr 11 o i I 876. Ben. Acr I1 of 1886. Bcn. Acr I t of 1 895. Ben. Act I l l of 1897. Bcn. Act IV of 1913. Bcn. ActV o i 1915. Ben. ACL VII or 1919. Ben. Acr V or 1922. Ben. Acl I or 1939. Ben. Act VlIl of 1939. Ben. Act XIV of 1939. Ben. Act I of 1943. West Ben. Acr XXXV of 1948. West Ben. Acr XIX-of 1952. W c s ~ Ben. Act XXIV of 1955. West Ben. Act XX of 1957. Wcst Ben. Act XXXll of 1957.

.West Ben. Act XV of 1962. West Ben. Acl XXW of 1969. West Bcn. Acr XXXlI of 1974. W e s ~ Ben. Acl XLIII of 1978.

+ Wesr Ben. Act XLVIII of 1978.

[ Act 1 of 1903. Act XXXVIII of 1920.

REPEALED M PART AND Ben. Act f l I 01 1907. -

AMENDED. Ben. Act III of 1910. Ben. Act VI of 1933. (a) Thc Government of India (Adapta-

lion of Indian Laws) Order, 1937. (b) The Indian Indcpendence (Adapta-

ADAFEU tion of Bengal and Punjab Acts) Ordcr 1948.

(c) The Adaplation of Laws Order, 1950.

Tlre Colcrrtra Police Act, 1866.

[Ben. Act IV !

(Secriotrs I-3.) (28rlr Marcll. 1866.1

Atr Acr ro ar~relrd urrd corrsolidare the provisions of Act XIIl of 1856 (for A. regulatitrg rlr e Police of the fo~mu of Calcrrtra, Madras arr d Bombay)

arid of Acr XLVIII of 1860 (to arrrerfd Acr XIII of 1856).

~ r r ~ m b l c . WHERMS i~ is expedienl 10 amend and consolidalc thc provisions of Acl XlII of 1856 and of Act XLVIII of 1860, so lar as h e said Acts arc applicablc to the town of CalcuUa;

It i s enacted as follows:-

Shon tille. 1. This Acl may bc citcd as the Calcutta Police Act, 1866.

2. [Repeal ofAcrs Xlll oflM6 and XLVIIIof I860 in Ca1crtt1a.j- Rep. by r f~e Repealittg Act, 1873 (XII of 1873).

In~crpreta- 3. The following words and cxprcssions in [his Act shall have Ihc tion. meanings hcrcby assigned lo them, unless here be somctking in he

subjcc~ or contexl repugnant lo such construc~ion (Ihar is to say):-

the words "town of CaIcu~~a" shall includc all places within the local Iimiu of the jurisdiction of '[lhe High Courtal Calcutta];

the word 'Wagistratea shall mean any Magislrate of Police2 acung for the said [own;

the word "property" shall include any chatrel, money or valuablc security;

the word "month" shall mcan calcndar month;

the word "oath" shall include any aflirmacion or declarauon lawfully subsliruted for an oath;

(3) rhe Pru!cc~ion of Muh-adm Pilgrim Act, 1896 (Bcn. Act I or 18%):

(dl Lhc Calcutta Police Act, 1898 (Ben. Act 1 or 1898); (5) Ihc C d c u ~ a Improvement Act. 191 1 (Ben. Act V of 191 1). s. 157; (6) rhcCnlcumHackney-c~age Acr, 1919(Bcn.Act 1 oi1919);

(7) the Goondm Act, 1923 (Bcn. ACI 1 of 1923); (8) the Presidency Area (Emrgcncy) Security Act. 1926 (Ben. Act III or 1926); (9) the Calculla Municipal Act, 1951 (West Bcn. Act XXXlIl oi 1951), ss. 596

and 597;

(10) the W a t Ben@ Gambling md Prize Cornperi!ions Ad, 1957 (Wesl Bcn. ACI XXXII or 1957),5. 5 .

lSubstiturcd for lhc words "Her Mnjesly's High Coun of Judicatwc ar Fon William in Bengal" by pars 3 and lhe Eltvcnlh Schedule of the Adnptntion o f Laws Order. 1950.

'Now "Prcsidcncy Mngisrmid'-xcc s. 3(2) of the Code of Criminal ~ k c d u r c . 1898 (Aci V of 1898).

T f ~ e CaIcrrfta Police Act. 1866.

the word "ca[tle" shall, besides homed cattle, includc horses asses, mules, sheep, goals and swine;

%he phrases "invcstigauon", "offence", "cognizable offencc" and

Act v of "non-cognizable offcnce" shall respectively have the mcanings 1898. assigned thereto by thc Codc of Criminal Procedure, 1898;

?"oficere in chargeof a police-siation" shall include, when h e oficer i n charge of the policc-slation is abscn~ irom h e station-house or unable irom illness or olher cause to perrorm his durics, Ihe Police- officcr present at [he slation-house who is next in rank to such officcr and is above the rank ~Fconslablc;

'"explosire substancc" shall bc dcemed to include any marerials for making any explosive substance; also any apparatus, machinc, implement or materia1 used or intended to be uscd, or adapted for causing or aiding in causing, any explosion in or with any explosive substance;alsoany part of any suchapparams,machine or implement;

'"place of public amusement" shall mean any placc, cnclosurc, building, tent, booth or orhererec~ion. whetherpcrmanenror temporary, where music, singing, dancing or any diversion or game, or thc mcans of carrying on the same, is provided, and to which the public are admitted, either on payrnenL of money or with the intenlion that money may bc collected from [hose adrniued, oherwise lhan for a bot~afide chari-table purpose; and shall include a mce-course, circus, theatre, music-hall, billiard-room, bagetelle-room, gymnasium and fcncing-school;

' T I C definirionsof"gming", "insuummrs olgming" MJ "cornmongaming-houx"in sccrion 3 were r e p l e d by s. 18(b) oilhe Wesf Bengf Gambline md Prizt Competirions Act, 1957 (West Ben. Acr XXXLI of 1957).

'Clausm as 10 number md gender were repdcd by s. 4 and [he Third Schedule OF the AmendmgAcl. 1903 (IoT1903).Secnow s. 14o~~heBrngalGtned C l u m ACL 1899(Ben. ACI I of 1#99),

'These dcfinirions in seclion 3 were added by s. 3 or the Cillcurtn and Subur&n Policc (Amendmenr) Acr, 1910 (Ben. Act 111 or 19 10).

1-n-..,- .,-c-:.:--.. :- .... : - - I ) -.,.,-A L.. - , ' t . '>

The Calctrtta Police Acr, 1866.

[Ben. Act IV

'"place of public cnicrninment" shall mean any place, whether encloscd or opcn, to which the public are admiued, and where any kind of food, drink, drug, belel or lobacco is supplied forconsumplion on or off the premises for the profir or gain of any person owning or having an interesl in or managing such placc; and shall include a lodging-house where any kind of food, ddnk, drug, bctcl or tobacco is supplied for consumption therein or nor and a rcfrcshrncnt room, cating-house, cofcc-housc, ~cashop,snackshop,snack bar,sweetmeal- shop, liquor-house, boding-house, horcl, rcslauranl, tavern, wine- shop, beer-shop. spirit-shop, arrack-shop, toddy-shop gar.+-shop. hl~af~g-shop, opium-shop, tobacco-shop, bidi-shop, cigarctic-shop, zxda-shop, belel-shop and betel leaf massalla shop; ="police-ofhcer" shall mean any mcmbcr of the CalcutlaPolice-force, '[and shall include the Commissioner or Policc, an Addilional

Cornmissioncr of Police, a Joint Commissioner of Policc, a Dcpu~y Cornmissioncr 01 Police, an Additional Depuly Commissioner of Police and an Assisli~nt Commissioner of Police;] 2"police-sralion" shall mean any post or place declared, generally or specially, by rhe '[State] Govcmmcnt to be a police-stalion, and shall include any local area specified by [he '[Starc] Governmenr in this behalf; ?"public placc" shall include the banks of the river, the docks. thc jellies, warehouses lo which the public have access, every public

building and monument and [he precincls hereof, and all places accessible to rhc public for drawing warer, washing or bathing or for purposes of recreation; "'sweet" shall mean any road, lanc, footway, square, court, alley or passagc, whcther a thoroughfare or no[, lo which ~ h c public have, prrmancntly or temporarily, a right of access: 5"subordinate ranks" means ~ h c ranks below I hat of Assistant Cornmissioncr;

'Firs!ly rhis cxpmshn wns added by s. 3 or Ihc Cdcuna and Suburban Police (Amendrncn~) Acl. 1910 (Ben. Acr 111 or 19 10). Therc~ficr [his cxprcssion was substituled by 5. 2 of the Catcutla and Suburban Police (Second Amcndmcnt) Acr. 1978 (West Bcn. Act XLVIIl of 1978). Prior 10 this suhsii1uiion the words "and shall include a lodging-house whcthcr any kind of food, drink or drug i s supplicd lor consumplion herein or nor, and a rcfrcshmeni-room, eating-housc, cotrcc-busc, la-shop. liquor-house, boarding-house" wcrc subsrirured lor h e words "mdshdl include 3 tci~shrnmt-mom, caring-house, colice- house. lea-shop, liquor-housc, barding-houx. Iodging-house." in Ihc original ccprcssion by s. 2 o f [he Calcu~ra and Suburban PoIicc (Amrndmcnl) Act. 1913 (Ben. Aci I of 1943).

'A'ce foot-no~e 4 on page 77, utile. lThcsc words were subsri!uted for ~ h c words "and shall include the Cornmiaioncr of

Police ~d n Deputy Comrnissroncr of Police" by S. 3- of thc &!cdca Police md the Calcutta Suburbm police (hcndnicnt) ACI, 1969 ( ~ & t Ben. Act XXVII d 1969),

'Subs~iiurcd for the word "Pmvincial" by p a n 4(1) orthe Adaplaliun OF L w s Ordcr. 1950.

'This definition was inxncd by p m . 3 and Schedule 1V of h c Govcm~ncnr or India

The Calcrifra Police Act, 1866.

'"vehiclz"shallincludeany lmomolivc, automobile, uam-car,camage, cart, van, dray, truck, handcart, bicycle, tricycle, maror-cycle or othcr whcclcd convcyancc of any descriplion capable of being used on thc slreets.

4. The adminisuauon of thc police in the town of Calculla shall be vesled in an officer to be skyled the Commissioner of Police for such [own. ?* * * * * *

5 . (1) The4[S~ate] Government may, horn timc lo time, appoint one or more Additional, Joint, Deputy, Addiuonal Deputy- or Assistant Commissioners of Police, who shall be compelent ta pcrform, exercise and discharge such of the duties, powers and funclions of thc Commissioner OF Police as are assigned under his ordcrs to any such Addilional, Joint, Dcputy, Additional Deputy or Assislant Cornmissioncr of Police.

(2) An Additional Coinmissioner of Police shall bc subordinate to the Commissioncr ofPolice, aJoint CommissionerofPoliccshall besubordinate lo Ihc Additional Comm_issioner of Police, a Depury Commissioner OF Police shall bc subordinalc to the Joint Commissioner of PoIicc, an Addilional Dcputy Commissioner of Police shall bc subordinale lo the Depury Cornmissioncr of Police and an Assistant Commissioner orPolice shall be subardinatc to the Deputy Commissioner of Police and where there is an Additional Dcpuly Commissioner of Police, also lo [he Additional Depu~y Commissioncr of Police.

6. The Commissioncr of Police shall not ordinarily be a Mngistrale of Policc under his Act, but 5* * * * * may be appointed lo thal office when [he said '[Stare] govern men^ for special rcasons may deem il expedien~.

' 5ce fool-nole 4 page 77. flrtfc.

? Thcwords, figuremd let~er'hhoshall Imrn ~imcro~imc k appinrcd by thcLieurenmr Govcrnor of Bengal and may beernovcd by rhc s m ~ c auihorily, m d who shall rcccivcsuch sal~~thcLicutenantGo~~emor.subjec1rorutcsnudcundcfsrciion45AaCt~Govcmmenr of lndia Acr, shall alloiv" were ornilred by p w . 3 and Sch. IV afrhc Government of lndia (Adaplalion or Indim Lnws) Ordcr, 1937.

"his sec~ion dong wirh i ~ s muginal noles was substituted for rhc original section by s. 3 or h e Cdcut~a Policc and the Calculra Suburban Policc [Amendmrnr) Act. 1969 (Wc.1 Ben. Act XXVlI of 1969). Prior to his substiiution ihc words "to perlorm such oithe dulies, exccrcisc such of !he powers or dischmgc such or the functions of !he Conunis- sioncr or PoIicc rus are migncd undcr his odem ro such dcputy or dcpulier" wen: subslirulcd lor the words "to perform my of the dulics =signed ro h n l orfifcr undcr his ordcrs" in rhc original section by s. 2(a) olrhc Cdculra and Suburban Police (Amcndmcni) ACI. 1962 (Wcst Bcn. Acr XV or 1962) and the second pmgmph of h c original w c ~ i ~ n a

w- omiitcd by p a n 3 m d Schcdulc 1V of ~hc Government o f India (Adapuiion of Indian h w s ) Order. 1931.

'The words "Provincial Govrrnment" were fimr subsrirufcd for lhe words "Lieurcn~nr- Governor" by para 4(1) of Lhc Corenuncnr of lndia (Adaptation of Indim Laws) Ordcr, 1937. ThercaHcrlhc word "State" wassubslitulcd Torthe word "Provincial" by p m . 4(1) or the Adapra~ion of Laws Ordcr. 1950.

?The word.<. "with \he smc~ion of the Governor Gened of India in Council" werr: rcpalrd by Pm I1 oiihc Schedule olthe Bengnl Dcccnv;lliwiion Act. 1915 (Ben. AclV oi ....

Commis. sioncr of Police.

Appoint- mcnt of Additionnl, Joint. kpu1y. Addirional Ikpu ly and Assisrnnr Commis- sionca of Police.

Commis- sionershdl not ordinarily be a Mngistnie. :

The Calcrrttu Police Act, 1866.

men. Act IV

Cornmi* sioncr to bc Justice of thc Pace. bu110 act only in crnin cases.

Consriru- tion of Police- rorcc.

Police to k under conrrol or- Commis- sioner. Rules (or govcnuncnt o f policc to be m ~ d c by Commis- sioner nnd appmvcd by the Sralc Govcmmcnt.

7. The Commjssioncr of Police shall be appoinied a Justice of the Peacc1 but unless he is vested with thc jurisdiclion of a Magiswale of Policc.' hc shall act as a Jus~ice only so far as may be nccessary for thc preservarion of the peace, thc prcvenlion of crimes, and [he detection, apprehension and delenlion of offenders in order to their being brought before a Magisralc of Police,' and so far as may be necessary for the performance of lhe dutics assigncd to the Commissioner by this Act.

J[Any Addirional, Joinr, Deputy or Additional Deputy Commissioner of Police may be appointed as a Juslice of the Pcacel] and, if so appojnled, shall act in t h a ~ capacity subject lo the above restriction.

8. For thc said town of Calcutta there shall be a Police-rorce, which shall consist nurnbcr of such'nurnber of officers J* * * and shall be otherwise constituted in such manner as shall be from time to time ordcred by h e said 3[Srate] Government.

9. The Police-iorceshall be under Iheexclusivedirection andcontrol of h e Commissioner of Police, who may From rime to time, subject lo the '[conlrol] of thesaid5[Srate] Government fmcsuchordersandrcgulations as he shall deem expedient relative to the general govcrnmcnt of thc force, the places of residence, h e classification, rank, distribu!ion and pmicular service oilhe sevcral membcrs ~hcrcof, [heir inspection, the description of arms, accounuemenls and olher necessaries to be furnished to them, and all such other orders and reguIations rclativc to (hc said Police-force as the said Commissioner shall from Bme to time deem expedient for preventing ncglect ar abusc, and for rendering such force eficient in he discharge of all its duties.

'Jusriccs of r h c k c e oSrhcPmidcncy townsare nowappoinrcd unders. 23 of t h e a d e or Criminal Procedure 1898 (ACI V 1898).

'Now "Prcsidcncy Magisrrn~c"-see s. 3(2) of Ihc Code of Crirninnl Pmcdure, 189 (Acr V of 1898).

"Thcsc words wihinsqum bnckca wcrcsubsii~u~ed lor h e words'TheDepulies lothe CommissionerolPolicemaybeoppointed JumicesoithePace"by s.4ofihe~lcur1aPolice and the Cnlculrn Su burbnn Police [Arnendmenl) ACI. 1969 (West Ben. Ac t XXVII of 1969).

'ihe words .'and men" were repcaled by 5. 34 of lhc Cdcuna and Suburban Police (Alncndmenr) Act 19 10 (Ben. Act 111 of 1910).

"Thc words "with rhc sanction of lhc Govcrnor G c n e d 01 India in Council," wcn: rcpealed by s. 34 of rhcCdcutraaod Suburban Policc (Amfndmcnr)Acr. 1910 (Ben. Acr DI of 1910).

This word was subs~i~ulcd Tor h c word "approbation" by s. 2 of ihc Cdcuna and " - 1 ... 1 . . n . , , . . r . .... .,......I . .. .n,n r n . . . .r.. * . n . m

The Calcrrna Police Act, 1866.

(Sections PA-9C.)

'9A. (1) Subjecr lo thc provisions of Ibis ACI, lhc Slate Government 2: or ' may make mlesrelating to rccruitmenl, conditions of scrvice, d i sc ip l in~y Covcrnmcnt

i to frame

! proceedings md punishments, in respccl of members of [he subordinare ranks of h e Police-force.

West Bcn. (2) Any rules. orders or rcgulations made before the commencemenr ACI XV of 1962. of h e Calculla and Suburban Police (Amcndment) Act, 1962 by any

authority in rcspect of ~ h c aforesaid matters shall, in so far as h e y arc not inconsistent wilh thepiovisiansofthis Act, bedeemed to have been valjdiy madc and shall conrinue in force unlil &cr provisions arc made in this behalf.

'9B. (1) Subject lo such rules as the Slare Govcrnrnenr may makc i n this behalf, the Commissioner of Police shall have Ihc power to appojn~ all members OF rhe subordinate ranks of the Police-force:

, Provided thar h e Commissioner of Police may. with Ihe approval of rhc State Government, delegatc such powcr of appointment in respect of all subordinalc ranks of tho Police-force cxcepc Inspectors, '[to any Additional, Joinr, Deputy, Additional Depury or Assisunt Comrnissioncr of Police] appointed undcr section 5.

(2) Subjcc~ to the provisions of sccuons 10 and 11, ihe appointing aurhoriiy or an officer noL lower in rank than [he appointing auhoricy, shall be compelent to innicr all punishmcnrs on the mcmbers OF the subordinate ranks of the Police-force in disciplinary cases.

'9C. Nocwihstanding anyding contained elsewherc in h s Act or any decision of any couri lo the c o n w , all appoinuncnrs made by thc Commissioner of Police or any olher authorily subordinate to him, all orders of dismissal or removal From office passcd by any such appointing authority or other authority noL subordinate to such appointing authority and all ordcrs inflicting any olher punishmcn~ passed by any aurhoriry, before the comrnenccment of thc Calcutta and Suburban Police

West Ben. (Amendment) Act, 1962, in respeci of members of the subordinate ranks Act XV or 1967,. of [he Police-force shall bc deemed to bc and lo have al ways bcen validly

passcd as if h e said Act werc in force when such appointments wcre made a t such orders were.passed.

'Sections 9A. 9B and 9C were insencd by s. 2(b) of he Calcurta and Suburban Poliu (Amcndmcnr) Act, 1961, (Wcsr Ben. Acr XV of 19621, and dcemcd l o have always bccn inscntd.

T h e words within s q u m bhckels wercsub~i~uled forrhe words '?ooncoChis depuiies" bv s. 5olhcCPlcunaPoli~c:ndthc CalcunaSuburban Pdicc(AmcndmentlAct. 1969lWest

Appoinl. rncnt, . dismksd and punish- mcnr of subordinate

or I ~ C Policc-force.

Validity o l appoinunent. dismissal and punish- ment of subordinate mkr. in ccnain CILses.

. - - - . &n, Acl XXVll or 1969).

Powcr of Conirnis- si8ncr to suspend or dismiss or inflict m y or hcr punishment on my rncmbcr of 1hc subordinarc ranks or t hc Police r0r.c~.

Du~ics or Policc- orficcrs.

l71e CaIcrrrta Police Act, 1866.

[Ben. Act TV

(Sectiolrs 10, I OA.)

'10. 2(1) Thc Commissioner of Police may ar any umc suspend or disniiss3[orinniclany o~herpunishmcnton] any member ofthosubordinate ranks of the Police-force whom hc shall lhink remiss or ncgligenr in the discharge of his duly or otherwise unfit For [he same.

'(2) A Police-officcr shall not by rcuon of being suspended iron] office ceasc lo be aPolice-officer. During fhe tcrm ofsuch suspension he powers, privileges and duties conferred or imposed upon him as a Police- oificer shall be in abeyance, but he shall continue subject to ~ h c same responsibilities, discipline and penalties and to the same authori~ies, as if he had noL been suspended.

'lOA. ( 1 ) It shall be the duty of every Police-officer- (a) promptly lo serve every summons and obey and cxecute

evcry warrant or olhcr order lawfully issued lo him by competent authorily, and toendcavourby all lawfil means to give effec~ 10 the lawful commands of his superiors;

(b) to the besl of his ability, to obtain inrelligence concerning Lhecomnlission ofcognizableoffcnces ordcsigns tocommit such offences, and lo lay such informalion and to lake such other sleps, consis~cnt with law and wilh the ordcrs of his superiors as arc best calculated id bringoffcnders ro jusGce or lo prcvent thecornmission ofcognimble offences, or the commission of non-cognizabIe offenccs within his view;

(c) lo hebesl of his ability to prevenl the commission of public nuisances;

(d) to apprehend alI persons whom he is legally aulhorized to apprehend, and for whose apprehension there is sufFicient reason;

(e) to aid any other Policeofficer, when callcd on by him or in case of nccd in the discharge of his duly, in such ways as wouId be lawful and rmqnable on h e part of the officer aided;

(f) to discharge such duties as are imposed upon him by any law for (he lime being in force;

(g) lo afford every assisrance wilhin his ppwcr to disabled or helpless persons in the streeu, and to lake chargc of intoxicated persons and of lunatics at large who appear to be dangerous or lo be incapabIeof rakirlgcare ofthemselves;

'Scction 10 w s .r-numbcrcd ar sub-secrion (1) of t h a ~ secuon and sub-scclion (2) wu added by r . 3 o f ~ h c Caleunn md Suburbrm Police (Amendmtnl) ACI, 1919 (Ben. Act VII of 1919).

'Thissub-xcuon (1) was substicured for Ihe original sub-sccuon by para. 3 mdSchcdulc TV of rhc Govtrnmcnr or India (Adapurion of lndim h w s ) Order, 1937. .

'These words were inscnrd by s. 2(c) olthr Calcuuamd Suburban Policc (Amendment) Acr, 1%2 (\Vest Bcn. Acr XV af 1962), nud dccmd ro hnvc always bccn ~nxncd.

The Ca/crrrra Police Acr. 1866.

(h) lo iakc prompt measures to procure necessary help for any person undcr arresl or i n cuslody who is wounded or sick, and, while guarding orconducung any such person, lo have due regard ro his condiuon;

(i) to arrange for h e proper sustenance and shelter of every person who is under arresl or in custody;

(j) in conducting searches, to rehain from need~ess rudeness and h e causing of unnecessary annoyance;

(k) in dealing with women and children, lo acL wilh slr ic~ regard to decency and with reasonable gendeness;

(1) to use his best c n d e a v o u w (i) to prcvcnr any loss or damage by fire, and (ii) lo avert any accidenr or danger to the public;

(m) to regulate and control the lraflic i n rhc sweets, to prevenl obslruclion therein and lo thc bxl of his abiliry to prevent the infraction of any rule or order made under [his Act, or under any olherlaw for helime being in force lor observance by h e public in or near h e streers;

(n) lo keep order in the suecrs, and at and wirhin public bathing, washing and landing places, Fairs and all other places of pu blic rcson, and in [he neighbourhood of places of public worship during the timc of public worship;

(o) to regulate resort to public ba~hing, washing and landing places, toprevent overcrowding lhcrea~and ih public ferry- boals, and, to [he best of his ability, lo prevent theinfraction of any rule or order lawfully made for observance by the public at any such place or on any such boat; and

(p) LO perform all dulies imposed on him by rules for [he time being in force under this Acl, in the manner and subject to h e conditions therein prescribed.

(2) All persons shall be bound to conform lo [he reasonable directions of a Police-officer given in fulfilment of any of the said duties.

(3) A Police-officer may resuain or remove any person resisting or refusing or omitting to conform lo, any such direction as aforesaid.

11. For any lesser breach of discipline, or other misconduct not P ~ w c r t o

requiring h e suspension or dismissal of the orfendcr. a member of Emkrsof '[subordinate ranks of the Police-force] may be fincd by h e Commissioner subordinore in any sum not exceeding one-half of his monrhly pay. ranks or che

Police- farm.

12. [Addiriot~alpetlalties for neglect ojd111y, ersl-Rep. by s. 34 ofthe Calcrrtta arid Subrrrbatl Police (Amendnlerr!) Act, 1910 (Betl. Act 111 of 191 0).

'These words were substituted forthe words "lhc$a:oliocfom" by p m . 3 and Sc,kdule 1V of ~ h t Govcmmtnt of Indin (Abpwtion of Indian Lnwsl Ordw. 1937.

The Calcirtra Police Act, 1866.

[Ben. Act IV

Mcntbcs of the Policc- forcc to rcccivc ccnificacs vcsting thcm w i ~ h powcrs or Police- orficer.

Mr~nkrs QI subordina~e mks 01 lhc Police-force pmhibilcd rmm other cmploymcnt.

Offcnccs by Police. orfices.

Ve~atious cnlry. scarch, seizure. mesl. drrenrion. crc,. by Police. officers.

13. Every mcmberof he Policeforcc shall receive on his cnrolmenl a certificare (A), undcr the signature of the Commissioner of Policc, by virtue of which he shall bc ves~ed wilh the powers, functions and privileges of a '[Police-officer.]

Such certificate shall cease lo have effect whenever Ihc pcrson named in i t is suspended or dismissed, or o~hcnvisc removed from employment in the force.

?13A. '[A membcr of the subordinate ranks oilhe Police-forcc] shall not, without the pcrmission of the Commissioner of Police, ciber as principal or' agent,-

(a) engage in any wade, or (b) be in any way concerned in he purchasc or sale of any

immovable properly within the [own or suburbs of Calcutta or of any interes~ thcrcin, or

(c) hold any office or practise any profession or engage in any employment whalcver other than his officc or duties as such Policc-oficer.

)13B. Any Police-oFficer wh- (a) conrravcnes any provision of he-last foregoing section, or (b) i s guilty of cowardice, or (c) is guilty of any wilful brcach or neglect of any provision

of law or of-any rule or order which i t i s his duty as such Police-officer lo observe or obey, or

(d) is guilly of any violalion of duty for which no punishment is expressly provided by any o~hcr law for the rime being in forcc,

shall be liable to imprisonment, with or withoul hard labour, for a term which may extend lo lhrcc months, or lo fine which may extend ID one hundrcd rupees and which may be deducled h m any salary due to him, or ro bolh.

'13C. Any Police-officer who- (a) without lawful aurhority or reasonable cause, cntcrs or

searchcs or causes to be entered or searched, any buiIding, vessel, ten1 or placc, or

'

(b) vexatiously and unnecessarily seizes the propcrty of any pcrson, or

'The word "Policc-oficcf' war subs~iluled Tor the word "Conswble" by s. 6 of the Glculta and Suburban Policc (Amendment) Act, 1910 (Bcn. Act 111 of 1910).

?Sections 13A, 13B and 13C were insfried by s, 7 or the Calcutta md Suburban Police (Arnendmcnt) ACL 1910 (Ben. A n 1U of 1910).

These words were subsli~ulcd far the words 'The Commissioner or a Deputy Commissioner of Police shall not. rvihour thc pcrmission of h e Lieu~cnmr Governor and a Police-o€li~eroTlowcr rank than rhm of Depuly Comrnissionc~' by para 3 and Schedule 1V o i ~ h c Govenmenr QF hdia (Adoplmion o f Indim h w s ) Order, 1937.

The ~alcurta Police ACI, 1866.

(c) vexatiously and unnecessarily derains, searches, or arrests any person, or

(d) vexatiously and unnecessarily dclays forwarding any person arres~ed ro a Magismale or to any orher authority to whom he is legally bound lo forward such person, or

(e) offers any unnecessary personal vioIcncc to any person in his custody, or

(f) holds out 10 an accused person any h e a t or promisc not warranled by law,

shall bc liablc ro imprisonmcnl. with or without hard labour, for a [ e m which may cxtend lo six months, or to fine which may extend lo fivc hundrcd rupees, or 10 both.

14. No member '[of he su bordinare ranks] or the PoIice-force, to be enmlled under [his Act, shall be at libcny to resign his olLce, or to withdraw himsclf from thc dutics thcrcof, unless expressly allowed so to do in wriling by the Commissioner, or unlcss he shall have given lo rhc Commissioncr six monrhs' notice of his intention, if a rnembcr of [he mounted branch of the said force, and two months' notice if a mcmbcr of any olher branch;

and every member '[of the subordinate ranks] of thc said lone who shall so resign or wirhdraw himself wilhou~ such leave or nolicc shall be liable, on [he ordcr of the Commissioner, ro forfeii all arrears of pay then due lo him, and on thc scntence of a Magismate, if such Magiskate shall think fit, lo pay a fine no1 cxcccding fifty rupees, or lo be imprisoned, w i ~ h or withoul hard labour, for any term not exceeding !wo months.

Membcrs of subordinarc m b of (hc Policc . lu!cc no1 10 ICSI&R wilhout Icavc or notice.

'14A. Any person who knowingly makes a false statement or uses ~ a l s c a false documenl, for the purpose of obtaining for himself or any o h e r S1"rcmenr ID

obrain person employment or release from ernploymenl as a Police-officer, employment shall be liable to irnprisonmcnt, with or without hard labour, for a term O ' t - ~ ' ~ e .

which may cxlcnd to lhree months, or lo fine which may cxtend lo one hundred rupees, or lo bob.

15. Every member of the Police-force who shall be dismissed from, or shall teak lo hold and excrcisc, his office and who shall not forlhwirh deliver up his ccrtificatc, and all the clothing, accoutremenls and olher necessaries which may have h e n supplied lo him for the execution of his dury, to thc Commissioner, or LO such person, and al such time and place, as shall be directed by the said Commissioncr shall be liable on summary conviction before a Magistrate, to imprisonmcnl, w i h or wilhoul hard labour, for any lcrm not cxcccding one rnonh.

'Thcsc words were inscncd by w, 3 and Schedule IV ni the Govcrnmcnr of India (Adaptation of Indian h w s ) Order, 1937.

:Section 14A was inscrlcd by 5. 8 of [he Cdculra nnd Suburban Policf (Ainendltlrnl) ACI. 1910 (Bcn. Acc I11 of 1910).

Pcnafi y for disn~isscd members of the Police- iorcc not deliverinp: up clothing, PCCOUIrc-

rncnkq. ctc.

The Colcurro Police Act, 1866.

[Ben. Act W

And it shall be Iawlul for the Commissioner, or for any Magistrate, to issue his warrant to search for and seize all h e clolhing, accoutremenb, appointmenu and olher necessaries which shall not be so delivered over, wherever the same may be found.

16. [Police Sripemrrtr~ratiotr Fluid.]-- Rep. by 11~e Calctrr!~ mid Srrburbar~ Police (S~~perottniratiotl Ftald) Acr. 1905 (Bnl. Act VI of 1905).

17. [Dixposal of proceeds of cerraitr fines, etc.1-Rep. by s. 3 of the Calcrirra atld S~rbrrrbat~ Police (Superannuatio~~ Ftrtt) Act, I890 {Betr. Act I o j 1890).

Power to appoint IS. The Cornmjssioner of Police may, of his own authority. appoint specid special constables to assist the Policc-forcc on any temporary comlablcs- emergency.

Powers of 19. Every special consrable so appointed shall havc thc same power, special fonsrablcs, privileges and prorecrion, and shall be liable to perform the same dulies,

and shall bc menablc to h c samc penalties, and be subordinate to the same aurhori~ies, as h e ordinary officcrs of Police.

penalty for 20. U any pcrson, bcing appointcd a special constable as aforesaid. spccid consth!e shall, wilhout suficident excusc, ncglccl or refusc to serve as such, or n c g l c c t b ~ or lo obey such lawful order or direction as may be givcn to him for Lhc rchsing to performance of his duties, he shall be liable, upon convicdon before a

. Magistrate, to a fine not exceeding fifty rupees for every such neglect, refusal or disobedience.

Special police- '20A. (1) Subject to the control of the Slate govern men^, the

,d Commissioner of PoIicc may raise a Force of special police-ofhers and Tmlli c iVurde n s . a force of T&IC Wardens for h e [own oTCalculla and may also disband

such a force withoul assigning any reason or serving any nolicc and wihoul payment of any compensalion or damages whalsoever to any member of ihe force.

' ' ~ d y this saction wns h e r l e d by s, 2 o f h (Slculmand ~uburbm ~ o l i ~ ( A m n d m e n t )

Act, 1955 (\Vest Ben. ACI XXIV of 1955). Thercaficr this scclion was subsiituted for the original scclion 20A by s. 2 of lhc Glcur ia and Suburban PoIice ( h x n d m e n t ) Act. 1974 (West Ben. Act X M I of 1974).

Prior to this subsritution:- (i) Ihc words "lo any Addi~ional, Joint. Deputy, Addiljond Depury or &S~S!M~

Commissioner of Police" were substi~ured for the words "to nny Dcputy Commissioner of Policc" in Ihc proviso to sub-section (2) or ~ h c original section by s.6(a) of fhc C d c u ~ r n Police and h e Calcutta Suburban Policc (Amendment) Act. 1969 (Wcsr Bcn, Act XXVll of 1969), and

( i i ) the words "the Addiriond, Joint, Dcputy, Additional Deputy or Assistant Commissioner olPolice" were substirutod for h e words 'VleDeputy Commkioner of Police" in sub-sec~ion ( 5 ) of h c original scction by s. 6@), ibid.

The Cakrrtta Police Act 1866.

(2) Thc slrength of the forces OF special police-ofFicers and TraFFic Wardens shall be such as may be determined from time to time by thc Slale Government.

(3) Thc Commissioner of Police shall be the appointing aulhoriry i n respect of the special police-officers and Traffic Wardcns:

Provided h a t the Commissioner or Policc may, in respcct of spccial police-officers and Traffic Wardens, belonging lo such class or holding such rank as may be specified by him, delegate his power of appointment to any Addirional, Joint, Dcputy, Additional Dcputy or Assistant Cornmissioncr of Policc aulhorised by him in this behalf.

(4) The Cornmissioncr of Polike may, wilh h e prcvious approval or Lhc Shlc Government, frame separale reguladons for [he special police-officers and [he Traffic Wardens relaling to rhe following marters, namely:-

(a) the merhod or recruitmen1 and thc form- of ccrli Fcarc of appoinrment ,

(b) classjfication and rank,

(c) uniform, equiprnen~ and badges,

(d) mining, including auendance a1 drills and paradcs,

(e) dlocalian of duties and hours or duly,

(f) pmmouon, discipline and punishrnenl, and f

(g) all othcr tcrrns and condilions or rhcir scrvice.

( 5 ) A special police-officer or a Traffic Warden appointed under this sec~ion shall, except in so far as it is not inconsistent with the oher sub-sections of this section and any regulations framed under sub- scclion (4), have the same powers, privilcgcs and protection and the same duties and shall bc IiabIe ro h e same penaIlies as ordinary orficers of police.

(6) A special police-officer or a Traffic Warden appointed under this section shall be a pan-time officer who shall nor be entitled lo

any remuneration for his services as such special poke-officer or Traffic Warden and whose appointment shall be liable ro ~ e m i n a - lion by thc appointing authority any time aftcr giving him onc month's nolice but without payment of any compensation ,or damages wharsocvcr.

The Calcitnu Police Act, 1866.

[Bcn. Act IV

Appoint- ~ncn~ of additional conslablcs on application of privmc individuals,

Cons~ilulion of divisions u d scciinns.

21. The I[Slale Government] may also, if 2[it] shall think fit, on thc appplicahon of any person showing h e necessity of i t , appoint any additional number of constables lo keep thc pence at any place within

3[its] jurisdiction, at [he charge of the person applying but subjcct to thc orders of the 'l[Commissioner of Police], and for such Lime asl[jt] shall think fit; and every such constable shall receive a certificate, by virtue of which hc shall bc vcsrcd with all thc powers, privileges and dulies

of the constables belonging to [he Policc-forcc:

Provided [hat the person upon whose applicalion such app.oinlmenl

shdI havc becn made may, upon giving onc month's notice in writing

to the Commissioner of Police, require h a t the conslables so appojnrcd

at his expense shall be discontinued, and thereupon ~ h c SISlale

Govcrnmcnt] shall discontinue such additional constables; and all moneys

rcccivcd '[by Ihc Slatc Govcmmcnt] [or the paymenl o i any such addilional constables shall bc accounted for by ?[it].

'21A. (1) Subjec~ LO h e control of h e g[State] Govcmmcnl Ihc Commissioner of Police shall, by order,-

(a) consuturc such and so many Police divisions as he thinks fil,

and (b) subldivide such divisions inlo such and so many scclions as

he thinks fit, and (c) dcfinc the limiu and cxlcnt of such divisions and section.

(2) Evcry such order shall be published in [he 10[Ofi~ial Gazette] and in thc rnanncr picscribed by this Act for [he publication of public notices.

'Thc words "Provincial Govcmmcn~" wcrc first subsuiuidfor ~ h c words "Commissioner oC Police" by pan. 3 md Schedule IV of the Government o l Indin (Adapmuon of Indian Laws) Ordcr. 1937.-ncrder, [he word "Suuc" wns subsuturcd for h e word "Provinciq by p m . 411) of iht Adnpmnon of l a w s Order, 1959.

T h c word "it" w x substiiu~cd for h c word "hc" by pmgnph 5(2) orthe Govemmcnt OF lndia (Ahplation of Indian Laws) O~der, 1937.

'Thc word "ia" was subsrirutcd lor rhc word "his" by paragraph 5(2), ibid. 'The words "Commissioner of Police" werc subsri~urcd for thc words "said

Conunissionef' by p m . 3 and Schcdulc IV. ibid. 'The words "Pmvincial Governrncnt" werc firs1 subs~itutcd Tor thc words "wid

CornmissiontY by pan. 3 and Schcdulc N or the Government of lndia (Adaptation of I n d i ~ Laws) Oder. 1937. Themncr the word "Smle" w m subs~tuled for the word "Provincial" by p m 4 ( 1 ) of thc Adaptmion of L w s Order, 1950.

T h e wo& "by the Rovincial Govemrnenl" werc i i t substitu~cd for the words "by Ihe Cornmissioncf' by p m 3 and Schcdulc IV of thc Govcrnmcnt of lndia (Adaptation of Indian Laws) Order, 1937. ThercAer Ihc word "Smic" w a subsumtcd Tor Ihc word "Provincial" by p m , 4(1) of thc Adap~arion or Laws Order, 1950.

The word "it' was subsu~urcd lor IJX word "him.' by paragraph 5(2) ofthe Governmen1 of India (Adapkntion of Indim Lnws) Ordcr. 1937.

'Seclion 21A wm insened by s . 9 of h e Cdcurra and S u b h Police (Amcndmenr) Act, I910 (Ben. Acr 111 of 1910).

gSubsritu~ed [or rhc word "Provincial" by pan. 4(1) of the Adapimion or hws Ordcr, 1950.

lDSubs~itured for rhe words "Calcrrrra Gaierrr" by py;l. 4(1) of rhc Government OF India (Adaplalion or Indian Laws) Order, 1937.

The Calc~~fra Police Acr, 1866.

22 to 24. [Poiice districts; oppoitrfnr er~t of Police Mag istrares: >

afretldatrce of Police-ofleers at Police-Corms; sentice ~Jcrin~itralprocess by Police-0flcers.l-Rep. by rjle Preside~~cy Magis~rares Act. 1877 (1V of 1877).

25. When any warrant shall be direc~ed or dcIivcrcd to any '[officer Erecution of w m t s .

of [he Police-forcc], unless the authori~y issuing i t shall order [hat it be exccutcd wilhou~ delay, such Police-officer shall deliver Ihc same lo the

superior officer in chmgc of h e division to which he belongs, who shall I - I - .

appoint, by cndorsement thereon, one or more Police-officers lo execute ! the same; and every Police-officer whose name shall be so endorscd [hereon shall have the same powcrs, privileges and proleclion, as if the !

same had hcen originally direcled ro him by name. I

I I

26 to 28. [Oflerlces srrn~n~arily rriable by Migisfrares; srrr?/tjlary jrrrisdictio~l of hvo Magistrates; restirrriiorl of s to l e t t p ropeq:kRep . by rile Presidetrq Magistrates Act, 1877 (IV of 1877).

>29. Whoever wihout satisrac~ory excuse, wilfully enters or remains Wrongfully cntering or !

in or upon any dwelling-house or priva~e premises or any land or ground remaining in I or on I

attached thereto, or any ground, building, rnonumcnt or smcmre belonging building, to '[Government] or approprialed to public purposes, or any vehicle, boat k ~ ~ n vehiclc-

or vessel. shall. whether hc causcs any actual damage or no[, be liable to fine which may extend to iwenty rupees.

30, 31. [Order oJ rrtairrte~~orrce for wife or cl~ild: resrorurio~r of aolsan or child deraitledfor rmla~vjrl prirpose.]-Rep. hy the Presidency Magistrares A cr, 1877 (IV oJ 1877).

[These words were subs~iluicd Tor ~ h c words "such officer" by s. 3 and the Sccond Schedule of [he Amending Act. 1903 (1 ol 1903).

:This senion w u subslilulrd ror the original scclion 29 by s. 10 of the Cdcuna and Suburban Police (Amcndmen~) Acl. 1910 (Ben. ACI 111 01 1910).

'Thc word "Cmwn" was firs! subsiituicd Tor the word "Govemmcnt" by p m . 3 md Schedulc I V OF hc Govcmmnr of India (Adaptation or Indian Laws) Order. 1937. Thcmhcr thc word "Govcmn~cn~' w x substitu~ed for the word "Crown" by pan. 4 1 ) of l11c Adapra~ion of h w s Order. 1950.

Tlre Calciitra Police Acf, 1866.

[Ben. Act IV

Apprchcn- sion y d punishinem of repu~cd tliicvcs. cic,

Pendry far raking spirits inra b m c k s or on baud vcssels of war.

32. Any person found bcr wccn sunset and sunrise armed wirh any dangerous or offcnsivc ins[rumenl whatsoever, wirh intcnt 10 cornmil any criminal acl;

any repulcd thief found between sunsel and sunrisc on board any vessel or boat, or lying or loilcring in any bazar, steel, I * * yard, ~horoughfare, or other place who shall not givc a satisfactory account of himself; any person round between sunsel and sunrisc having his facc covered or ohenvise disguised, with inrent ro commit any- offence; any pcrson found between sunsel and sunrisc i n any dwelling- house or other building whatsoever, rvithou~ being able satisfactorily 10 account for his presence \herein; and any person having in his possession, wilhour lawful excuse (rhe proof of which excuse shalI be on such pcrson), any implement of housc-breaking;

may be takcn into custody by any Police-officer without a warram, and shall be liable on summary conviclion before a Magistrate, lo imprisonment, with or without hard labour, for any lerrn not exceeding three months.

33. Whoevcr, not being amenable lo '[the Naval Discipline Act or 29 & 30, I he Indian Navy (Discipline) ACI. 1934 or] the Army ACL or '[[he Indian Zk~;;? !

Army Act. 191 I ] rakes, or al~cmpts to take, into Fon William at Calculla, 1934. or into any military barracks, guard-rooms or encampments within the 4-1 45

Vict, C. 5R. town of Calcutta, or on board or alongside of any vessel of war belonging ~ [ I I or 10 "Government] i n the port of the said [own, any spirih or spiriruous 191 1.

or fermented liquors. or intoxicaling drugs or preparations, wirhour h e licence in writing of [he Commanding Officer (unless such anicles arc intended far some person above the rank of non-commissioned orficcr), shall be liable, on summary conviction before a Magiskale, to a line not exceeding onc hundred rupees, or imprisonmenl for any term not exceeding ~ w o monhs, wirh or withou~ hard labour; and such liquors, drugs or preparations, and the vessels conmining the same, shall be forfeited.

lTk word "mJ" wl lsrcdcd by s. % u f h Cdcu~mmd S u b u h Policc (Amcndrncnt) ACI, 1910 (Bcn. Act 111 or 1910).

'The words "[he Naval Discipline Act. the Army ACI OF the Indim Articles or Wm" wcrc car subs~iiuted Tor the words "thc Aniclcs DI WY for Her h4aj~1ily.s Army or Hcr Majesty's Nnvy or for the nalivc oCfi~crs or soldiers in Her M~jcsly's Indim Army," by s. 3 and h e Sccond Sckdule ol the Amending Acl, I903 (1 of 1903). Thrrrlner the words "or that Acr ns modified by ihc lndian Nnvy (Djsciplinc) Acr. 1944 or" weir: inserted after thc words 'Ihc Naval Discipline Acl" by s. 2 01 h Calcutta Yolicc (Arncndrnent) Aci, I939 (Ben. Act Vl l l of 1999)). and linally Ihe words "that Act as ~nndificdby" wzrc ornilred by pan. 3 and rhc Elcvcn~h Schcdulc or the Adnptatinn of Laws Order. 1950.

'Thuc words and figurn we= subs~irued for ~ h c words '>he Indian Aniclu or w d ' by s. 2 and the Fisr Schcdulc of the Bengd R e p l i n g and An~cnding Act. 1938 (Bcn. Act I of 1939).

'Subslitutcd for the tvods "Her Majcsry" by p a n , 4(1) or rhe Adnprnrion of h w s Ordcr. 1450,

The Calcrrrta Police Act, 1866.

(Secriotrs 34, 35.)

34. Whoever takes, or allempts to take, without due permission, or lhrows or artempis ro throw, inlo any jail or house of corrcciion, or into

any public hospital, any spirits or spirituous or fermented liquors, or inroxicaung drugs or preparations, shall be liable, on summary conviclion before a Magistra~e, ro a finc nor exceeding fifty rupcss, or lo jmprisonmenl, with or without hard labour, for any term not exceeding ~ w o monlhs.

35. Whoever, in h e town of Calcuna,

has or kccps any hotel, tavern, punch-house, ale-house, arrack or loddy-shop, or place for the sale or consumption of gal*. cl~andtr or other preparahn of opium, hemp or other inloxicating drug, plant or substoncc,

'[or has or keeps any lodging-house whether provisions, liquors or rcircshrncnts are &1d or consumed herein, or not,

or has or keeps any coffee-house, boarding-house, earjng-house or other place of public resort and entertainment, wherein provisions,

liquors or refieshrnenls are sold or consurncd (whether h e same be kept or retaincd thcrein or procured elsewhere)),

w i h o u ~ a liccncc, to be obtained in the manner hereinaher mcntioncd,

shall bc liable, on summary conviction before a Magistrate, ?[to imprisonment, with or wi~hout hard labour, for a t e n noL cxceeding six months or LO a fine nor exceeding one [housand rupees or to both, and for a second or subsequent offence also 10 forfei~ure of all movablc properties found in or on such ho~cl, tavern, house, shop or place:]

Provided hat nothing in this Act shall apply to the salc in reasonable quanlilics or any drug, plant or substance in any chemist's or druggist's shop for medical purposes only.

'Thcsc words and bnckcs wcrc subsulu~cd Tor rhc words and brnckets "or hos or keeps m y colfcc-house. hiuding-house. eming-how, lodging-housf or othcr placc of public rcson mdcnicnainment, wherein provisions. liquors or rcrrtshmcnrs arcsold or consurncd, (whzrher rhc same bc kepr or relined therein or procurrd elsewhere)" by s. 3 or thc Culculm and Suburban Police (Ammdmenl) Act. 1943 (Ben. ACI 1 of 1943).

Penalty for 1 [ l i n g spirils. etc., inro j i l .

Penalty for keeping holel, etc., wilhout liccncc.

'Subsriluted for tk words "ID a fine no1 exceeding f i f ~ y I U ~ lor cvcry day h a i rhc said house or placc of cnlcnainmcn~ is kept opcn, or the sale of pruvisions. Iiquors or refreshments is continued, without h e necessary liccncc:" by s. 2(d) of rhc G l c u ~ m and Suburbm Police (Amendment) Act, 1962 (West Bcn. Act XV of 1962). md dccrncd (0

h v c always been subsritutcd.

The Caicrrrra Police Act, 1866.

[Ben. Act IV

EXC~K- 36. No licence shall bc granted under lhc provisions of '[hc Bengal Ben. AFI v liccnccjot , .

lo bcsnntcd Excise Acl, 19091, unless h e pcrson applying for such licence shall Of19D9.

without produce a certificale From the Commissioner of Policc staling that a ccnificarcor licence may be granled ro him for rhe sale of spirituous liquors or Commis- stoner. inloxica~ing drugs, as thc case may be, without risk or detrimen~ 10 rhc

preservalion of peacc and good order, and containing a full slatemcnt of such conditions as may have becn imposed and shall have remained in force, under the provisions hereinafter containcd. at the date when such licence shall be granred.

No licence so gran~cd shall be renewable without a fresh cercificarc as aforcsaid previously oblained rrom he Commissioner of Police.

=[The Cornmissioncr of Police shall, in granting or refusing cerlificues under [his section, be subjecl lo the direction and control nf h c '[State Governmcn~].

D u d o n and 37. It shall be cornpalent lo ~ h c Commissioner of Policc, subject lo conditions Or rhc direction and control oChc said >[Stale Government], to limit, in such liccncc,

cerlificatc u- aforesaid, the period for which the licence may bc granted, and also to fix such conditions' as he may deem necessary for securing the good bchaviour of he keepers of hc houses and places of enlcminment as aforcsaid, and for the preyenlion of drunkenness and disordcr among the persons frequenling or using the same, and from timc lo lime to vary such condilions, subject to such direction and control as aforcsaid; and no liccnce granted under 5[~hc Bcngal Excise Act, 1909], shall be valid Bcn. Acr V

unless i~ shall contain such condi~ions as shall hwc bccn imposed and 1909-

shall remain in forcc for the lime being undcr this seclion.

Pcnalt~ Tor 38. Whenever any licence granted as aroresaid shall have ccascd to kccping up

or have effect. it shall be lawful for the Commissioner o r Police lo order nolice aher h e pcrson to whom such liccncc shall have been granled to rcmovc or expiry of liccncc. cause to be rernovcd any signboard or o h e r nolicc which such person

might have been theretofore bound, under the conditions of his snid licence, LO affix on or near the house or place of public resorl or entcnainmcnr for which such licence had bccn granted; and any pcrson who shall iait to obey any such ordcr fofihwilh shall bc liablc, on summary convicrion before a Magislralc, to a fine of ten rupees for cvery day thereafier during which hc shall so fail.

These words and figures W C ~ C subsriluled Tor Ihe words. figurns and bnckers "Act XI o f 1949 (ror securing Ihe Abkari rcvcnuc of Calcunu)" by s. 2 md thc Fist Sch. of the Bcngd Rcpcaling and Amending Acr, 1938 (Bcn. ACI I of 1939).

mcsc words were subsurured for thc words "subjcct to rhc ordcr ~d conlml of the Lieurenull Governor oTBcngal" by s. 1 1 ofrhe (klcuna and Suburbm Police (Arncndmenr) Ac{. 1910 (Bcn. Act 111 of 1910).

'Str foot-note on page 79. mrre. 'For conditions prescrikd under sec~ions 37 md 39. sca the Bcngal Excise Manual,

191%. VOI. nr. pp. 5 to 13. $Tksc words wd ligures were subsriturcd for the words and figures "he soid Act XI

of 1849" by s. 2 and the Fnr Sch. o i h c Bcngal Repmling md Amending Act. 1938 (Ben, ACI I of 1939).

The Calcrrrra Police Act, 1866.

(Secrio~ts 39. 40.)

39. l(1) The Commissioner of Police may, at his discrelion, fiom J .

brne io timc, gram licenses to the keepers of such houses or placcs of public reson and enlerlainment zs aforesaid for which no liccncc as is specified in ? [~hc Bengal Excisc ACI, 19091 is required upon such candilions', to be inserted in every such Iicence, as hc with the sanction of rhc said qSrate] Govcmmcnl fiom time to time shall order, for securing tbc good behaviour of the keepers of the said houses or places of public resorl or entenainment, and thc prevention of drunkenness and disorder among the persons frequenting or using the samc; and the said licenses may bc granted by h c said Cornmissioncr, for any timc not exceeding onc ycm:

'Provided r h a ~ Ihc said Commissioner may, by or&r, refuse to gram any licence undcr h i s sub-sechon, if, for reasons to be recorded in writing, he is of Ihc opinion thal-

(i) the characrcr or antecedents of ihe appIicant for such licencc or the nalurc oi the mde or calling pursued by him, make him unsuitable for thc grant of such licence; or

(ii) the location of the house or placc of public resorl and entertainment in rcspecl nf which such licencc is required is unsuitable for [he pan1 of such licence on rhc ground of congesuon ollraffic, wan1 of adcquare space for parking vehicles or difficulty i n mainlining pub1 ic peace, order or safety Dr on any oher similar grounds.

'(2) Any pcrson aggrieved by an order refusing to grant a liccncc under thc proviso 10 sub-sccBon (1) may, within thiny days from the date of such order, prefer an appeal against such order to thc State Govcmmeni may, dter giving Lhc appelIan~ an opportunity of bcjng heard, cofirrrt, modify or set aside such order.

'40. Any person commilting a breach of any of theconditions which, in accordance with secrion 37 of this Act. are included In a licence granted under '[the Wesl Bcngal Excise Act, 19091, or of any of [he

Ben. Act V conditions subject to which a licencc is given under section 39 of this OF Act, shall, on summary conviction bclbn: a Magislralc, be Liable ro a

fine no1 cxceeding onc hundred rupecs; and such finc shall be recovered from thc person licensed, no~withsranding that such brcach may havc been caused by the defaull or carclcssness of h e scrvanl or olher pcrson in chargc of h e shop or place of sale.

'Scclion 39 was renumbered as sub.sec!ion (1) hcrcof and ro sub-scclion ( I ) os so renumbered Ihc proviso was addcd by s. 7(n) of rhc Calcurra Pclice and rhc Calculta Suburban Policc (Amendmcni) Act. 1969 (Wcsr Bcn. Act XXVll of 1969) and sub-section (2) was insenrd by s. 7(b), ;bid.

:Thew w o k and figures were subs~irurcd Ior rhc words and figures "the said Acr X I of 1849" by s. 2 and the Firsr Sch. olrhe Bengnl Rcpwling md Amending Acr. 1938 (Ben. Act 1 or 1939).

'Set Coot-notc 4 on page 92. ntlre. 'See root-no~e 4 on pagc 79, unre. This seclion was subs!ilu~ed for ihc original sec~ion 40 by s. I2 of ihe Calcutta Policc

IAmrnrlmvnrl Acr I R l f i 1Rpn hrr 11 nT 1q7hl

Colnmis- sioner or Police may grmr liccnscs Tor p h c u for which no licrnces arc rcquirrd under h c Bcngal Excisc Act.

, .

PcnJly for bmch of conditions o f license.

The Calcurta Police Act. 1866.

[Ben. Act IV

il: Any person so convicled shall also bc IiabIe lo [he forfeilure of his

liccnsc, at he discrcdon of h e Commissioner of Police, subjecl to the direction and conuol of the said '[Starc] Government.

FCCS for l41. For every cerlificare, liccnse or pass gnnted by the Commissioner ccnificarcs- of Police under his Act there shall bc Icvied a fee at the rate specified licenses and passes. in he Schedule of fcts annexed to this Act.

PcnaIry for 42. Whocver. in any place within the said town wilfully harbours haduring or conceals any seaman or apprenlicc bclonging lo any vessel other rhan and concaling a vcssel oCJ[the Indian Navy], knowing or having reason to believe. such dcseflcrs seaman or apprentice to be a deserter, shall be liable, on summary Ira m merchwl conviction berorc a Magismate, ra a finc no1 exceeding one hundred vessels. rupCCS.

543, 43A and 43B. [Power ro order discorr~irr~ror~ce of use of lrorrse, rooai or place as brothel. disorderly ho~rse or place of assignariotr irt certairr cases; pet~alry for breach of order, power of owtrer or lessor lo

detemlirie lease or tenancy.]-Rep, by rhe Calcutta Srippressiorl of Inlmar~I Trafic Act, 1923 (Bes. Acr Mil oj 1923).

Powcr lo ordcr disconlinu- mcc of music in ccnun CXCS.

443C. ( 1 ) Thc Commissioner OF Police may. upon complaint made lo him in wriling by any person, by wriucn order direct h e disconBnuance in any place of music or singing, h e bea~ing of drums or torn-~oms, and he blowing or sounding of horns or orher noisy inskurncnu, if he is sausfied that the samc is a nuisance and ought ro be summarily stopped either on account of the dangerous illness of, or bccause i~ seriously inrerferes wilh h e reasonable occupation of, any person resident or lawrully cngaged in the neighbourhood:

Provided h a t in any case wherc h c discondnuance of music or orher sounds as aforesaid, is so ordered, il shall be lawful for a Magistrate. upon the complaint of any person aggrieved, and if saristied that (he order complained of is unreasonable under the circumstances, 10 alter or reverse such ordcr as he deems f i t , and h e Commissioner of Police shall givc effect to any such aherauon or reversal:

Provided also l ha~ nohing in his scclion shall apply 10 music or other sounds as aforesaid in any place of public worship or on the occasion or any religious obsemance or ceremony.

(2) Any person who conmavencs an order of the Commissioner of Police passed under sub-secuon (1) shall- be punished wilh a fine which may extend to one hundrcd rupees.

'See lea note 4 on p g c 79. anre. :Subslirulcd lor fhc existing scc~ion by 5. 3 0 ) OF h e C d c u t ~ nnd Suburban Police

(Amcndrnent) Act. 1952 (Wesl Bcn. ACI XD( 01 1952). - JSubsri~u!ed far Qc words "he Navy of rhc Quccn" by p m . 3 md !he Ucvenlh

Schedulc of cht Ahpution of Laws Ordtr. 1950. 'Sections 43, 43A. 43B md 43C were sub5lilu1ed for the originnl section 43 by s. 32

nT rh- r5lr1i lrn nntl Siihrlrhnn Pnlirp r~mrndrncnll A n . 1907 (Bcn. Acr 111 of 19011.

771 e Calc~r rra Police Acf, 1866.

I43D ( I ) (a) If, in rhc apinion of h e Commissioner of Police, i t is ?. necessary so lo do for the purpose of preventing annoyance to, or injury

lo [he heallh or, the public or of any seclion thereof, or for rhe purposc of maintaining public peacc and tranquillity, he may by order prohibit, resuicl, regulale or impose conditions on,

thc usc or operation in any area within [he town of Calcutta or in any vehiclc wiltin such m 3 ,

ofmicrophones, loudspeakers, or ohcr apparalus for amplifying music or orhcr sounds.

(b) The State Govc~l~rnenl may, un its own motion or on [hc representarion of any person or persons aggrieved, modie, alter or cancel any such order.

(2) A Police-olficcr, no1 bclow rhc rank bf a Sub-Inspector or a Sergeant. may take such sleps or use such force as may be reasonably necessary for securing compliance wilh any ordcr made under cIausc (a) of sub-section ( I ) or any such order as modified or allered by he Srate Govemrnenl under clause (b) of [hat sub-section and may seize any microphone, loudspeaker or other apparatus used or operated in conrravention of [he order.

(3) A Police-officer refemd to above. who seizes my micraphone, loudspeaker or o ~ h e r appnntus under sub-section (21, may ofso a[ thc same time seize any vehicle in which such microphone, loudspeaker or other apparatus is being carried or conveyed or is being kept at that Lirnc:

Provided that any officer of the police-station within the limits of which Lhc vchiclc is scized no l below bc rank of a Sub-Inspector may rcIease such vehjclc on a bond fur such sum, not exceeding fivc hundred rupces, as hc deems reasonable, being e~ecutcd by the owner of the vehicle in favour of the State Government to produce Ihc vehiclc at the ~ i m c 01 the invcdgaGon or the uial, and to sumendtr h e vehicle, if di recled ro be for leiled under sub-sec~ion (4).

(4) Any person who contravenes any order of rhe Commissioner of Police made under clause (a) of sub-section ( I ) or who conwavenes any such order as modified or altered by h e Slate Governmenl under clause (6) of that sub-sec~on, shall bc punishcd with a fine which may cxtend to one hundred rupees and the court hying an offence under this section may also direct h e forfcirure of any microphone, loudspeaker or other apparalus scized under sub-section (2) or my vehicle szizcd under sub- seclion (3) or relcased under h e proviso lo that sub-seclion.

( 5 ) The provisions of h i s secrion shall be in addition to and not in derogation of the powcrs conferred by any ochcr sccfion of !his Acr.

Pmvcr ro prohibit. rrslrict. rcgulalc or i q a c conditions on I he use 01 rnicm- phones, elc.

'lnseded by s. 2 of [he Cdcuna and Suburban ~olicc (Amendment) A c l 1957 (iVcq1

Ben. Acl XX OF 1957).

n i e Calcrr;tu Police Acr, 1866.

pen. Act IV

Pawvn- bmlics and Inoncy- changers ro rcpn srolcn ProPcnY undcr pmdly Ior ncglcct.

Tdiing plcd~c From child under 1k.c age of founccn.

Possession or dealing with thing stolen or ~mudulcnrly obrininrd.

44,50,50A and 51. [Penalr)lfor olvr~irrg orkeepirzg or being e~lrployed ' i~r a gat~zitlg-house, err.; per~alry for beity fouxrd p lq i l~g irr gw~lirrg-l~orlse; Corr lxnissioner or Magisim~e may grurrl warrutits to Police -ofleers to er rfer gmzirrg-homeJor searclr arid seiztlre; Co~~rrrron gatr~i~~g-llo~rse; on corr victiotr for keepirrg conrttioll gar~iirig-horue, itrsrntn~errrs of gal~lij~g 10 bedesrroyed, etc.; prmf 01 playit~g jar srakes rurnecessaqt: wirrresses itrdetml$ed: exeelptiorl of gorwesof rrrere skill; portiotr oJJine rriuy bepaid to ir$onrrer.]- Rep- by s. 18(6} aof the West Berlgal Garrrblir~g arrd Prize Corlrperitior~s Acr, 1951 (WEN Bell. Act XXXII of 1957).

52. [Ganrblir~g it1 the streets.]-Rep. by s. 17 of rile Betigal Pribiic Ganlbling Acr, 1867 bet^. Acr II of 1867).

53. If any property answering thc description set for~h in any information which shall bc given by any Policc-officer to any pawn- broker or dealer in second-hand property, or moncy-changer, regarding properly slolen or fraudulently obtained, shall then bc or thered!cr come into ~ h c possession of, or bc offered in pawn or for sale or change lo, such pawn-broker, dedcror money-changer, he shall, wiUtout unnecessary delay, givc information to that effect a1 the nearest police-sta~ion. and also state the narnc and address given by [he pmy by whom h e same was offered. or from whom the same was rcccived, undcr a penalty, 10 be imposcd by a Magistrate on summary conviction, no1 exceeding fihy rupees for each and every such neglect or offencc:

Provided always that, in the case of wcaring-apparel or other articles which it may be di f icul~ for such pawn-broker or dealer ro trace out and idcnufy, no fine shall bc cxigible in respect of noL reponing such arliclcs, unless it shall appear to the Magisrate thar such micles had becn knowingly concealed by such pawn-broker or dealer.

54. Whoevcr takes From any child, appearently apparendy under rhe age of fourleen ycars, any anicle wha~soever as a pawn, pledgc or security for any sum of money lent or advanced to such child, or without the knowlzdgc and conscnr of the owner of the article, buys from any child any articlc whatsoever, shall bc Iiable, on summary conviclion bcfare a Magiskate, lo a penally not exceeding one hundred rupees.

'54A. (1) Whoever has in his possession, or conveys in any manner, or offers for sale orpawn, anything which therc is reason to bclieve 10 havc been stolen or fraudulently oblaincd, shall, if hc rails to accounr for such possession or act to h e sarisfaction of the Magistrate, bc liable to fine which may extend to one hundred rupees, or lo inlprisonment wilh or withour hard labour, for a [em whlch may extend to three months.

-

'Section S4A wns insmcd by s. 13 of thc Calculw. and Suburbon Polict (Amendment) ACI. I910 (Ben. Act I l l or 1910).

Tlre Calcwrta Police Acr, 1866.

(2) If any person charged undcr sub-section (1) in respect of anyhing declares that he received such thing from some othcr pcrson, or that he was employed as a carrier. agent or servant lo convey such Ihing for some orher person,

h e Magiskale, after such funher inquiry (if any) as he may deem necessary. may summon such other person, and any formcr or prelended purchascr or other person through whose possession such Lhing is allegcd to havc passed, to appcar before him, and may examine such pcrson and any wilness who arc produced to testify to such receipt, employmenr or possession; and if ii appears to h c Magisrrare thar any such person had possession of such hing and had reasonable cause to bclicve hat it was stolcn or fraudulently obtained, h e Magistrate may punish him with fine which may extend to one hundred rupecs, or with imprisonrnen~, with or wilhout hard labour, for a t e n which extend to three monlhs.

55. Thc Commjssioncr of Police shall keep in his office standard S~mdwd wcighrs and measures; and weights and rneasurcs shalt be held ro be false Ezkrd whcn h e y do nor agree with such standards.

56. Any Inspeclor or superior officer of police may cnlcr any shop powers or or premises for the purpose of inspecting the weights and measures, and

~ ~ ~ ~ ~ ~ , c r inslrumen~s for weighing, kepr or used lhercin, and may seize any shopsto weigh[, measure or instrument for weighing which hc may have reason :${$id to believe is False. mcaum.

57. Whoever manufaaures gunpowder, or, withaul a licence from M ~ ~ U ~ J C ~ U ~ C

the Commissioner of Policc, has in his possession in any house, shop, ~ ~ ~ $ e s ' warehouse or other building, at any one dmc, a greater quanlicy of gunpowder. gunpowder rhan ten pounds shall be liable, on a surnmary conviction before a Magistrate, lo a fine nor exceeding fivc hundred rupees. and also lo forfeil such gunpowder so manufactured or possessed, togefier with [he vesscl or receplacle in which il may be contained.

58. [Licetrees by Conlslissio~rerfor sale otld deposil of grrt~po wder. etc.1-Rep. by s. 34 ojtlre Calcrrrta arid Srrlrlirb~lr Police (Atrrerrdnrent) ACI, 1910 (Bell. Acr IrI of 1910).

59. The Commissioner of Policc may gram to any person a licencc Licen* Tor for h e transi~ and carrying of gunpowder from one place to another, in' ~ ~ Y ' n g

such manner and in such quna~ily as he may deem advisable; and any removing person, not being duly licensed in lhat bcholi who carries or conveys flnpowdr'.

a greater quantity of gunpowder than onc pound from one place to anorher, shall bc liable, on summary conviclion before a Magistrate, to a finc no[ exceeding fifty rupees.

Commis. siynrr may i s s i r : w-I lo S C U C ~ rot cxplosivc subslmcr.

Acl not to apply 10 cxplosivc subsrances belonging lo ihc Govcmmnt.

Powcr of Commis- sioner to prohibit the u x or Ihc driving of c c n i n 1ypz.s or rehicis in srrccls or public plnccs.

The Calcurta Police Act, 1866.

[Ben. Act IV

60. Thc Commissioner of Police, on crcdi blc inrormalion laid beforc him on oalhl, 2[and rcduced to writing] may jssuc his warrant authorizing a Police-officer '[not beIow the rank of Sub-lnspeclor] ID search '* * any house, shop, magazine or olhcr building or place in which he has rcasonabIc ground lo suspecr [hat any '[explosive substance] is manufactured, sold or kept, or any boat, carriage, cart or other vehiclc in which any 5[cxplosive substance] may be suspccted to be carried, or any person suspcctcd of carrying rhe same, conkary to the provisions of this Acl &[or any othcr law or any rule madc thcrcunder]; and all S[cxplosi~c substance] found in such search shall, togelher with the vesscls or rcccptacles in which it may be slorcd. be immediately seized and kepl, pcnding the judgment of a Magismlc.

61. None of [he '[~hrec] last prcccding seclions shall extcnd to any '[magazine or srore belonging to Lhz Govcmment], or building for Lhc making or deposit of g[explosivc substances] under h e aulhorily or for l0[lhe use oFany Government] or to any glcxplosive substances] bclonging lo lk[Govcmmcnt].

' W A . ( I ) With the previous sanclion orthc "[State] Government, rhc Commissioner of Police may, from ~imc ro time, by notification in h c '"Official Gozetre], prescribe the cypes of vchiclcs which shall no1 be driven or used in steels or public places.

(2) Whoever uses or drives in a slrect or public place a vehicle of a lypc the use or driving of which has been prohibircd under sub-section ( 1 ) shall bc liable lo line which may extend to five hundred rupees, and the vehiclc in rcspcct of which the offence has been committed shall be forfeited lo h e lSIGo~ernmenl].

'As to oaths-~ce the Indian Oalhs Act, 1873 (X of 1873). 'Thcscwordr,wen:insened by s. 14(1) o f h Cdcutwmd S u b u h Police (Amendment)

Act, I910 (Ben. Act Ill of 1910). '

'These words were inscncd by's. 14(2), ibid. 'The words "in rhc day dmc" wcrr: rcpdcd by s. 14(3), ibid. 'Subslitutcd for the word "gunpowdet' by s. I4(4), ilrid, %cwor& "ormy other law ormy rule nuderhcmunder"wcrcinscnedby s.14(5), ibid. 'Substi~uled for the word "FouI" by stc. 15(2). ;bid. T h e words "magazine or store belonging 10 h c Cmwn" wcrc first subs~ituled Tor the

words "Governmen! nugazint: or s l o ~ ' ' by p m . 3 md Schcdulc IV o f the Governmen! of India (Adaphlion o5Indi;m Laws1 Ordcr, 1937. T h r d ~ e r the word "Govemmenr" was subsliluted for h e word "Cmwn" by p m 4(1) of the Adqpmtion of h w s Ordcr. 1950.

9 S u b s t i r ~ ~ ~ d fo: lhe word "gunpowdd'by s. 15(1) of the Cdcuira m d Suburban Police (Amcndrncnt) ACI, 1910 (8cn. Act 111 of 19 10).

ioSubstituted rnr Ihc words "hc u~ of h c Government" by p m . 3 and Schcdule IV of lhc Covcrnmcnt of Indu (Adapiauon of Indian ~ W S ) Order. 1937.

"Subslirutcd for thc words "Hcr Majcsty" by p m 4(1) of the Adapmuon of L w s Ordcr. 1450.

ITScction 6lA was inscncd by s. 2 of fhc Cdcutfii and ~ubvhm Police (Amcndrneat) Aci. 1448 (Wcst Bcn. Act XXXV of 1948).

"Srr foot-notc 9 on pagc 88. wte. "Set loot-note 10 on page 88, atrte. "See foot-note 3 on page 89, atrte.

77ie Cukrrtta Police Act, 1866.

(Sect ion 62. ,J

'62. ( 1 ) With the previous sanclion of thc2[State] Government, he Powcr or "~ommissioncr or Police may. af~cr prcvious publica~ion, from time to 2::::- time makc rules- make ruler,

(a) far liccnsing and con~rolling persons offering themselves for fO~ulnlion of

employment at quays, wharves or landing-places [or the tdfic,c,c. camazc of passengers' baggagc, and fixing and providing for the enforcement of a scalc of charges for the labour of such persons when so employed;

(b) regulating uaffic of all kinds in strects and public places, and [he use of succts and public places by persons riding, or driving, leading or riding i n vehicles, or Ieading or accompanying cat~le, or walking so as to prevent danger, obsmction or inconvenience to he public;

(c) regulating the conditions under which vehicles may remain s~anding in strccu and public places, and the use of swccls as halting places for vehlcles or cattle;

(d) prcscribing the number and posilion of lighk 10 be used on iehicles in suecls and public places;

(e) regulating and controlling the conveyance of limber, bamboos, scaffold-poles, laddcrs, iron girders, beams or bars, boilcrs, or oher unwicldy arlicles, or coal, or bricks; limc, or olher building rnalerials, rhmugh the svcers, and ihe route and hours ror such conveyance;

(f) for licensing. conkolling, or, in view lopreventing obsmclion, inconvenience or annoyance to residents or passengers in the vicini~y, prohibiung the playing of music in slreels or in public places olher than public buildings and the precincts thereof;

(g) for liccnsing, controlling, or, in vicw to preventing risk, danger or damage to residents or passengers in [he vicini~y, prohibiting the carrying of any explosive subslancc in succts or public placcs;

(h) for controlling. in h e intercsl of he public convenience and safety, the illurninadon of sueels and public placcs and h e erection of struclures on or over any slrcct or public place, or againsl rhc exlerior of any building abulung thereon, for thc purposes of illumination;

. . '

(i) [or authorizing and regularing the removal, by ~ h z Police, of any structures referred to in clause (h) of h i s section, or any applianccs for illumination placcd on or over any skeet or public place or against the cxrcrior of any building abutting thereon, when h e Commissioner of Police considers that the same are likely 10 cause obslmction, danger or damage lo residenrs or passcngers in the vicinily; or

'%a sccdons 62, 62A. 628 ~d 62C wen: substiiuicd lor rhc originnl section 62 by s. 16 oFrhe Calcu~ia md Suburban Police (Amendmcnl) ACI, 191 0 (Bcn, Act I11 or 1910).

ISrr loot-no~e 9 on pwe 88, unre.

Tlre Calcutru Police Acr, 1866.

[Ben. Act lV

Power of Corn~nis- sioncr md o~licr ofticcrs lo give direclions ro the public.

ti) regulating h e means of cnmncc and exit at places of public amusement, enlertainment and assembly, and the lighting thereof when used by the public, and providing for the rnainlenancc of public safcry and h e prevention of disturbance herein:

Provided thal norhing in h i s sccljon shall affect the provisions of [he Indian Arms Acl, 1878, or [he Indian Explosjvcs Act, 1884.

(2) Any rules made under this secbon may, with rhc likc sanclion, be allcred or rescinded by the Commissioner of Police after prcvious publicauon of lhe alreralion or rescission.

(3) Every rule and alteration of a rule madc undcr thjs scction and cvcry rescission of any such rulc shall be published in the ' [ O f i i a l Gazerte] and in the manner prescribed by this Act Tor thc publica~ion of public no~iccs.

(4) Whocvcr conlravcncs any rule made under tliis section shall be liablel-

(i) if h e .rule were made under clausc (a), clausc (b), clause (c) or clause (f) of sub-secuon (1)-10 l int which may extend lo fifty rupees, or

(ii) if the rule were made under clause (d), clause (e) or clause (g) of sub-seclion (1)-10 imprison men^, with or wi~houi hard labour, for a term which may e ~ t e n d to eight days or Lo fine, which may exlend 10 f i l y rupces, or to both, or

(iii) iT rhc rulc wcrc madc undcr clause (h), clause (i) or clause (i) of sub-seclion (1)-10 fine which may exlend to one hundrcd rupees.

I62A. (I) The Commissioner of Police, and, subject ro Ihe orders of [he Commissioner of Police, every Police-officer of a rank not inferior 10 thal of Sub-Inspcclor, may with a view to securing the public safety or convenience, bur nor so as to conuavenc any rulc madc under the last foregoing section or the provisions of any liccnsc grantd undcr any such rule give all such directions, either orally or i n wriling, as he may consider necessary I*

(a) sccurc the orderly conduct af pcrsons constituting processions and assemblies in streets;

(b) prcscribe the roulcs by which and the rimes at which any such procession may, or may nol, pass;

(c) prevent obs~ruc~ions on the occasion of all processions and ass~mblics and in the neighbourhood of all places of worship during thc timc of public worship, and in all cqcs when any sweet or public place or place of public resort may bc lhrongcd or liable lo be obsmcted;

The Cafcitrra Police Acr, 1866.

(d) kecp order on and in all streets, quays, w h m e s and landing- ). places, and all other public places or places of public resorl;

or (c) regulatc and control music. [he bearing of drums, tom-[oms

and other inskumen&, and rhc blowing or sounding oFhorns or other noisy instrumen~s, in any street or any public place olher than public buildings and thc prccincls thereof.

(2) The Commissioner of Policc may also, subjccl lo [he control of ~ h c '[Stale] Governmenl, rvhcnever and for such time as hc may consider i t ncccssary lo do so for tbc prcservalion of Lhc public peacc or public safety, by norification, publicly promulgarcd or addressed 10 individuals, prohibit-

(i) [he c q i n g of swords. spears, bludgeons, guns or othct offensive weapons in any public place;

(ii) [he carrying, collec~ion and preparation of stones or orhcr adicles inrendcd to be used as missiles, or of ins~urnents or means of casting or impelling missiles;

(iii) the exhibition of persons, corpses, figures or effigies in any public place; and

(iv) the public uucrance of crics, singing of songs or playing OF music.

(3) The Commissioner of Policc may also, subject [o the control o i the '[Stare] Governmen!, whcnever and for such lime as he may consider necessary, by notiFicarion publicly promulga~ed or adresscd lo individuals, prohibi~ thc delivery of public harangues, rhc use of gestures, or mimetic represenlations, and the prcparalion, exhibiljon or dissemination of pictures, symbols, placards or any other objcct or thing which-

(i) may be of a nature to oulnge morality or dcccncy, or (ii) are likely, in tho opinion of the Commissioner of Policc, to

inflame religious animosity or hosrilily beween diffcrcnt classes, or to jncilc ro the commission of an offence, to a djscurbance of thc public peace or to resistance to, or conlcmpl OF, the law or lawiul authority.

(4) The Commissioner of Police may also, by ordcr in wriling, prohibit any procession or public assembly, whenever and for so long as he considers such prohibiuon lo be necessary for h e preservation of [he public safcty:

Provided hat no such prohibiuon shall rcmain in force for morc lhan seven days wilhout [he sanc~ion of h e '[State] Government.

(5) The Comrnjssioner of Police may also, subjccl to [he orders of the '[Slate] Govemn~ent. by public notice, temporarily reserve for any public purpose any skeet or public place, and prohibit persons from entering h e area so reserved save under such conditions as may bc prescribed by [he Commissioner of Policc.

'See Cool-nole 9 on page 88. ur~fe.

The Calcurra Police Acr, 1866.

Enlorccnlcnk of orders issucd undcr the l a 1 fortgoing scrlion.

Power to give dirccrians ro prcvcnr disordcr ar places of public .unuwmznt. CIC.

[Ben. Act IV

(6) Whoever contrnvcnes any direction, order or prohibition lawfully given or mndc under [his scclion shall be Iiable,-

(i) if thc direction, order or prohibition were given or made under sub-seclion (1) or sub-section (5)-to fine which may extend 10 one hundred rupees; or

(ii) if lhc prohibition were made undcr sub-section (2), sub- section (3) or sub-section (4)-10 imprisonment, wjrh or withoul hard lahour, for a tcrm which may extend lo one monlb, or ro finc which may cx~cnd lo one hundred rupees, or 10 bob.

'62B. (1) Whcnever a nolilicaiion, order in writing or public notice has been duly issued under sub-seclion (2), sub-scction (3), sub-sec~ion (4) or sub-secuon (5) OF [he lan foregoing seclion, then-

(a) in (he casc of a norificarion issued undcr clause (j), clause (ii) or clause (iii) of the said sub-section (2), or in rhe casc of a public notice issued under the said sub-section (51,- any Magismare or any Police-officer, or

(b) in rhe case of a no~ificalion issucd under clause (iv) of the said sub-scction (2), or undcr the said sub-scction {3), or, in the case of an order issued undcr the said sub-sccrion (41,- any Magistralc or any Police-officer of or abovc rhe rank of Sub-lnspec~or,

may require any person acting or about to aci contrary herelo lo desist or ro absrain from such action, and in case of refusal or disobedience, m a y arresl such person.

(2) Any Magiswale or Police-officer acling under sub-section (1) may also seize anything used or about to be used in conrravenlion of such notification, ordcr or nodce as aforesaid, and anything so scized shall be disposed of a any Magisualc having jurisdiction may ordcr.

'62C. (1) For the purpose of prevenling serious disorder ormanifesl and imminent danger lo rhe persons assembled at any placc of public amuserncot or at any asscmbly or mecting lo which thc public are invircd or which is open lo the public, the Policc-officer of highest rank superior lo thar of Hcad Conslable, who is prescnt may, subjcct ot such rules, directions and orders as may have been lawfully rnadc,

give such reasonable direclions as he may think necessary as lo the mode of admission of the public lo, and for securing the peaceful and orderly conduct of persons mending at, such place, assernbIy or meeting;

and all pcrsons shall bc bound to conform to such direc~ions.

'See fool-note 1 on p g c 99, mrte.

The Calcrrtta Police Acr, 1866.

(2) The Police shall have free acccss lo every such place of public " amuscmcnt, asscrnbly or meeting, for thc purpose of giving effect to h c

provisions of sub-secrion ( I ) and to any direclion given thereunder.

(3) Whoevcr disobeys or fails lo conform lo any lawrul and reasonable direction given by any Policc-officer under sub-sec~ion (1) shall be liablc to fine which may cxtend lo ooc hundred rupccs.

'62CC. (1) For the purpose of preventing disorder or disturbance at or near any place where any entcrtainmenl is held, the Commissioner of Police may, with the prcvious sanction of rhe Statc Government, by ordcr (of which public notice shall bc given). prohibit within a radius of onc furlong from [he place of enlertainrncnt, the sale or thc offer for sale of tickcls once issued for admission as spectalon ro such entcnainment a1 a price higher than the price at which such lickets were originally i ssucd.

Prohibition olsslc nl-a highcr price oi l ickets once issucd lor admis- sion ro m cn~cnin- I

(2) Whoever contravenes any order referred to in sub-section ( 1 ) shall be liabIe to imprisonmen1 for a [em which may extend to ~hree rnonrhs or to fine which may extend to onc hundred mpccs or 10 both.

(3) Any Police-officer not bclow h e rank of Sub-Inspeclor may arrest withoul warranl any person commitring an offence punishablc under this sec~ion.

(4) In this sccrion the expression 'entcrrainment' mcans any ' exhibirion, performance, amusement, game or span to which persons arc

admitled as spcctalors on produclion of tickcw.

=62D. The Commissioner of Police may, by order in wriljng, depute Power or one or more Police-offcers, noi being below ihc rank of Head Constable. ::zz- or othcr pcrsons lo aitend any public meeting for the purposc of causing cause repons

to k ~akcn a repon to be takcn of [he procccdings of such meeung if in thc opinion of thc Commissioner of Police to bc rccorded in writing, the meeting p m d i n g s

of public is likely ro promole sedition or disaffection or to cause a disturbance of nlmrings, the public pcace and manquillity.

63 to 65. [Passenger-boals ro be regisrered; power ro re8rse or cmlcel registrarion: perral~ for rregfecri~lg, or delayirrg lo reportacciderrt arretldcd 1r*i111 loss of I@.]-Rep. by Betr. Act IV of 1879.

' I n ~ f l ~ d by s. 2(b) o11he Cnlcutta and S u b u h Policc (Arnendmenr) Acl. I952 (West Ben. Act XIX of 1952).

?his scction w;ls insened by s. 2 of h c Cnlcul~j, md Suburban Police (A~ncndrncnr) Acl, 1939 (Btn. Acr XIV OF 1939).

driving. ctc.. clcphmr or camel:

driving i*chiclr without sufficient lighl;

driving. oihcr Ihm Icll sidc OT road ;

cxpsing for show or inin~ng horses. or clcaning conveyances in places nor dowcd;

cxposing or keeping arliclcs so as I0 WUSC

obslruction;

Tlre Calcrrrra Poiice Act, 1866.

pen. Act IV

(Secrion 66.)

66. Whmvcr, within such limits' as shall be From time to time dclincd by the Commissioner of Police, w i h [he sanction of the said stat^] Governmen1 in any -'* * slree!, '* * thoroughfare or place of pubIic rcsorl, commirs any of he following offenccs, shall be liable, on summary conviction before a Magismate. to a fine not exceeding fifty rupees:-

( I ) whoever drives, rides or leads any elephant or camel wilhou~ S[a pas] from the Commissioner of Police;

(2) whocvcr drives any vehicle 6* * at any lime between hee-qumcrs of an hour after sunset and one hour before sunrise, without a sufficicnt light 7* * * *;

(3) whocver without rcsonable cause, shall drive a '* * * vehicle otherwise than on che Ieft or ncar side of [he road:

(4) whoeirer exposes for show, hire or saIe. any horse or othcr animal, or any carriage, or cIeans or dresses any horse, or othcc animal. or clcms any carriage or other conveyance, or makes or repairs any part of any can or carriage. exccpt in cases d accidcnt where repair on the spot i s necessary, or trains or breaks any horse cxcept in such place and at such times as may bc allowd by the Cornmissioncr;

Y(4a) whoever cxposes or keeps any d c l e so as to cause obsmc tion in any public rhoroughfare;

'Thest hnvc k n defined ro bc ''the L i l s of thc iown 01 Cdcuna s dcclved by Ihc Proclmalion olthc Governor-Gcncnl in Council on hc 1W Septernkr. 1194, by vinuc of the S~a~u lc 33 Gwrgc 3, Chap. 52, scction 159"-~ee ~hc Calcuiro Gozerre. or the 18h April 1866, pagc 832.

=See fool-norc 9 on page 88, anre.

'& word "public" was repeald by s. 34 or h e Oleulta and Suburban Police (Amtndment) A c l 19 10 (Bcn. Act In of 19 LO).

'The word "mad" was repealed by s. 34. ibid.

'Subslitured Ior lhc word "permission" by s, 2(c) o f thl: CaIcurra ~d Suburban Policc (Amendment) Act, 1952 (Wcs~ Ben. A a XIx or 1952).

The words "of m y dcscriprion" werc re@ed by s. 34 ofthe C d c u t ~ and Suburbm Policc (Amcndmcnr) ACI, 1910 (Ben. ACI I11 of 1910).

'The words "cxccpt when, in Ihc opinion OC fhc Magisrrmc. them m y be suficient moonlight ro render such Light unnecessary" wen repcald by s. 34. ibid.

T h e words "caiage. can or olher" wetc xpwled by s. 34, ibid.

'Clause (4a) was instned by s. 17 o f thc Calcutta ~ n d Suburban Policc [Amendment) Acr, 1910 (Ben. ACI 111 of 1910).

The C~lcrrtta Police Acr, 1866.

(5) 10 (9) [negligetree ill drivirlg cat~le; leavirrg can: elc., ~virl~ost corltral; absrnicti~lg road or tl~ororiglrJare by carriage, erc., obstnrctit~gfoot-lvay; beatirig dritsr, tot~i-IOIH, erc.1-Rep. by s. 34 ojthe Colcz~rta atld S~rbrr rbon Police (Anrald~~lnit) Act, 1910 (Bes. Act 111 of 1910).

( I 0) whoever, by driving hackcry or car1 wirh insufficiendy- driving c a

greased wheels, shall crcar a ooisc which is reasonably Ei:ffi- calcula[ed to cause annoyance 10 pcrsons Frequenting or cienr~y- residing ncar the thoroughlare in which such hackery or can st is driven;

( 1 I ) whoever sets fue LO or bums any slraw or other marler, or lighting fires Iighls any bon-f~e, or wanlonly discharges any fire-arm, or 2thwing air-gun, or leb off or throws any fire-work, or sends up any guns. fm-

fire-balloon. in or ncar any I * * * sueet I* * * or W0rk5CrC-'

rhoroughfare except at such limes and places as shall from lime ro time be allowed by ~ h c Commissioner of Police;

(12) [illrrnrina~iorrs.]-Rep. by s. 34 of the Calcrrrra ar~d Srrbrrrbarl Police (Aatendt~rent) Act, 1910 (Betr. Act 111 of 1910);

(13) whoever withoul [he consent of h e owner or occupier affixes dfixiflgbills or otherwise

any bill or nolice, or any paper againsr or upon any building, defacing wall, J[uce, fence, post, pole or other erection], or writes houses,crc.; I upon, defaces or marks any such building, wall, '[lree, fence I post, pole or orher ereclion] with chalk or paint. or in any I

way wharsocver;

(14) whoever bathes or washes himself in any I * street or bathing,erc.. in, upon or by h c side of any public, tank, reservoir or FgpI: aqucducl, nor being a placc set apart for such purpose; ngueducr;

(15) whocvcr obslructs or incommodes a person barhing a1 any obstructing

place set aparl as a b a h n g place, by wilful inmsion, or by F$;;-'' using such place as a landing-plncc or by anchoring or p1~c-e~.

otherwise faslening or keeping boats, or by washing '* callle or dogs, at or ncar such place, or in any othcr way.

'The ward "public" wm rcpcdcd by s. 34 of h e Calcuila md Suburban Police (Amendment) Act. 1910 (Bcn. ACI I11 o f 1910).

'Tk word 'I-oJd" wm rrpesled by s. 34, ilrid,

'These words were subs~irur@ Tor the words "or fcncc" by s. 7 or h e Cnlcub and Suburban Poiice (Anxndrncnr) ACL 1967 (Bcn. Acr 111 of 1907).

'Thc word "hoscs" w u rtmcd by s. 34 of the Cdcurln and Suburban PoIice (Arncndmenr) Act, 1910 (Ben. ACI I11 of 1910).

T ~ I e L'olcrrtra Police Acr, 1866.

[Ben. Act TV

' Pmally far Jrunkenncss or riotous ar indcccnt bchaviour, in public.

67. [Crrrel~ lo arrirrtals.]-Rep. by s. 8 of tlre Berlgal Cnrelry ro Anitirob Act, 1869 (Beti. Acr I o i 1869).

'68. Whoever is found drunk and is incapable oi taking carc of himsclf, or is guilty 01 any riolous or indecent behaviour, in any public street or thoroughfare, or in any place of public amusement or resort, shall be liable, on summary conviction beforc a Magisuatc, lo a fine no1 cxceeding twenty rupccs, or 10 imprisonment, with or withou~ hard labour, for a tcrm no1 exceeding eight ddys.

%8A. Whocver wjllully and indecently cxposes his person, or commits a nuisance by casing himself, in, or by the side OK or near to, any public stretl or rhoroughfare or place, shall bc liable, on summary conviction belore a Magiwale, to a fine not exceeding tcn rupees, or, in default thereof, to imprisonment, wilh or without hard labow, for a term not exceeding three days.

68B. [Perialty for solici~atioa b a prrblic place. ]-Rep. by s. 2 at~d rile Schedrr/e ooJ the Betrgal Srrppressior~ of Ir~r~aorai Trafic ACI, 1933 (Betr. Acl VI of 1933).

69. [Pet lalo for conmrirtirtg a rriri~or~ce irr streets.]-Rep, by the Presidetrcy Magisfrates Act, 1877 ( I V of 1877).

70. Whoever in any public >* * street, thoroughfare, or placc begs or applies for alms, or exposes or exhibirs any sores, wounds, bodily ailment or deromiry, with the object olexciring charity or of obtaining alms;

or whoever seeks for or obtains alms by means of any false slatemen1 or prercnccs,

shall be liablc, on summary convic~ion before o Magistntc, to itnprisonmenr, wih or withoul hard labour for any term no1 exceeding one nlanth.

70A. [ R e f ~ ~ g g e for receptioa of certaitr c las~es of cor~victed beggars..]-Rep. by s. 27 of tlre Berrgal Vograttcy Act, 19-13 (Hetr. Act VII of 1943).

'This section ws subsliluled for Ihc original sccuon 68 by s. 2 or h e Cdcuna and Suburban Police (Amendrncnt) ACL 1886 (Bcn. Acr 11 of 1886).

lSeclion h8A was nddcd by s. 3, ibid.

'The word "mad" w a rrpukd by s. 34 of rtre Cnlcunaand Suburban Police (Amndmenf) Acl, 19 10 (Ben. Acr 111 of 1910).

llte Calctirm Police Act, 1866.

71. 1i shall be lawful for all persons, and it is hereby declared lo be S W animals ro

he special duty of all Police-officers, lo seize all cattle or other animals be i~npounded found straying upon thc l* * sueets or thoroughfares, or wespassing

on any of ihe grounds or property of the jnhabitanls, or of the ::zrned =[Government,] and to confine such animals in any public pound which within tcn

days. shall for such purpose be from time lo lime appointcd by rhc commissioner of Police;

and if such animals shall nor bc rcspcctivcly redccmed by the owners of h c same within ten days arlcr bcing so irnpoundcd, by paying to [he person to bc appoinled by the said Cornn~issioner to havc chargc of such

pound the rce orcight arltrus for every goat, sheep or hog, and one rupee for every other animal, logcher wj th the expenses of Feeding rhc same

while impounded, according to a daily rare to be settled by the said Cornmissioncr,

such animals impounded shall bc publicly sold, and he produce OF such sale afier paying the said Tee and also rhe cxpcnscs of fceding. shall bc paid 10 rhc owners of such animal, or in defaul~ o ~ l h c i r claiming such

produce for the spacc of lifiecn days afier suct~ sale shall be retained by thc said Commission~r and credited to any fund applicabIc l o police purposes.

>71A. ( I ) No person shall bring, keep or possess in thc town of Rcslrictions ss to bring-

Calcutla any animal or class or classes of animals which the State ing-keping govern men^ may, for the purposes of this sec~ion by nolificauon in the ~ , , , , i n g Oficiul Gazene. specify as likely to causc dangcr to human Iife or ~ Y ~ C ' O U S

m1ds. propcrty cxccpt undcr, and in accordance with the lerms and condilion or, a licencc oblaincd horn such aulhorily, in such manncr and on payment OF such fee, not exceeding ten rupecs, as [he State Government may specify by rules made in this behalf.

(2) Whoever conlravcnes thc provisions of sub-section ( 1 ) shalt bc liable on conviction before a Magislrarc, to a fine not exceeding rwo

hundred rupecs.

'Thc word "roads" was repaled by s. 34 or thc Colcut~a and Suburbm Policc [Anicndmenr) Acl. 1910 (Ben. Act 111 of 1910),

:See I oo~ -no~c 3 on page 89, nrlre.

"nscncd by 5. ?(c) of thc Calcutra wd Suburban Police (Amendment) Act. 1962 (Wcst Bcn. ACI X V or 1962) and rlEc~icd ro have dwways ken insened.

The Calcrrtra Police Act, 1866.

[Ben. Act TV

Power ID a m t V,

'72. ( I ) Subject to he restrictions imposed by clause (b) OF sub- withou~ secuon (1) of seclion 628 in the case of offences there referred to, any \ v m ~ . Police-officer may arrest without a warrant any person cornmilling in

his presencc in any slrcel or public place any oficncc punishablc undcr- (a) any sec~ion of (his Acl, 2* * * * or

(b) any rule made under h i s Acl, or

(c) any orher law for the dme being in force, i f such person,- (i) after being warned by a Police-officer, persists in

committing such offence, or (ii) is unknown to such Police-officer and, when asked by

such Police-officer to give his name and address, refuses to give he same, or gives a name or address which such PoIice-officer has reason 10 believe to be False or cannot then and there ascedain lo be true, or

(iii) is unknown 10 such Police-officer and his name and address cannol be ascertained [hen and there, and he rebscs 10 accompany the Police-oFficer, to a policc- station on being required so lo do.

{Explat~arion.-This sub-section does not restrict the exercise by any Police-officer of any power of m s l confcrred upon him by '[sub-section (3) of scccion 62CC or by] any other law.)

'[(2) Should Ihc h e namc and residence of any such person no! bc ascenained wirhin twenty-four hours from h e time of arrcst, or should hc fail lo executc a recognizance for his appearance bcforc a Magislrate, or if so required, to furnish suredes, he shall fonhwilh be forwarded 10

a Magislrate, having jurisdiclion.]

72A. [Arrest witl~olrt ~vurranl for solicitation,]-Rep. by s. 2 ar~d tlie Sched~rle of the Bengai S~rppression of In~nioral Traflc Acr. 1933 bet^. Act VI of 1933).

73. [Power lo take irrro custody witlrout warrant.]-Rep. by the Presidency Magisrrates Acr, 1877 (IV of 1877).

'This seelion 72(1) wns subs~itu~ed for the original seclion 71 by s. 21 orthe Calcutta and Suburban Police (Amendmcnl) Act, 1910 (Bcn. ACL It1 of 1910).

- m e words, l i p md lener 'bfher lhan sccuon 68B" wcrc rcpealcd by s. 2 and thc Scttcdulc of Ihe Bcngd Suppression of Immod Trnllic Acr, 1933 (Bcn. Acl V I of 1933).

'Insened by s. 2(d) ofthc Calcutumd Suburban Police (Amendment) Act. 1952 (Wert Bcn. Act XIX of 1951).

'This sub-sedion (1) was insencd by s. 23 or h e Catculrn md S u b u M Police (Arnendrnenr) Act. 1910 (Ben. A d 111 of 1910).

The Calcrrlfo Police Act. 1866. 109 ,

74. Whoever commiu an offence on or wilh respect of the person Appwhcmion j or property of another, or, in cornmi~ting any of the ofFences described E L ; * " or referred lo in this Act, injures or damagcs [he person or propcrly of indikduds.

anolher, may, if his name and address bc unknown, bc apprehended by the person injured, or by an; person who may bc using Ihc properly to which he injury may bo donc, or by thc scrvant of eirher of such persons, or by any person aulhorized by or a c h g in aid of him, and may bc delained until hc gives his name and address and sadsiies such person that the name and address so given arc corrccl, or until he can be delivcrcd into the custody of a Policc-orficcr.

75. If any person lawfully apprchended under the last preceding Penalry lor

section shall arsauli ar forcibly resist the person by whom hc shall be ~ ~ ~ ~ ! f l r so apprehended. or any person acung in his aid, he shall be liable to a person fine not cxcccding two hundred rupees. apprcknding

under scc~ion 74.

76. Every person taken into custody without a warrant by a Police- Dcicniion or { officer shall be taken lo the '[police-sialion] in order that such peaan may be detained until hc can be brought before a Magismre, or until custody by 1 he shall entcr into recognizances. with or wilhoul surelies, far his ${Tu, appearance before a Magistrate. W-1. i

i 77. Whenever any person is brought to a l[policc-station] charged Power 10

rdce I wirh any offence against this Act, I* * * * * or whenever a person -em I is in the custody of any Police-oFfictr w i h u t a warrant, i~shal l be lawful nl police- !

s~mion. lor the officer in charge of such '[police-station], or any superior officer of police, if he shall dccm 11 prudenl, to enlarge such person on his own rccognizancc, with or without sureties, conditioncd as hcreinafer menuoned.

78. Every recognizance so takcn shall be wilhoul fee or reward, and Condition of

shall be conditioned Ibr Ihc appearance of the person [hereby bound. recognimct,

bcforc h e Magislratc at his nexl situng; and all persons execuung h e said recognizance shall acknowledge tl~ernselves jointly and severally bound in the sum (nor cxcccding one thousand rupees) thereby acknowledged; and rhe lime and place of appcarancc shall be specifjed in he said recognizance or in the condition [hercot

'The word "polic~-s~nlion" in setlions 76 and 77 werc suhdrutcd Tor ~ h c word "sralion- house" by s. 24 of he Calculln and Suburban Policc (Amendmni) Act. 19 10 (Ben. ACI 111 of 1910).

' Tk words and Rgurcs "or w i h m y of the offences nurnbcrrd 1 , 1. 3. d. 5.6. 1.9. 10. 1 1 . 12, 13, 14, 20, 21, 22, 23.24 and 25 in senion 26 of this Act" werc rcpclcd by s. 4 and B e Third Schcdulc of rhe Amending Act. 1903 (1 of 1403).

The Colcrrt~a Police Act. 1866.

[Ben. Act IV

(Section 78A.)

Powcr or Collunissiocrr or Police ro rcqulrc altcndmcc and oblain s[arcrnenrs of wirnesses.

and lhc officer taking the rccognizancc shall enter in a book, lo be kept for h e purposc, the name, residence and accuparion of the party, and his surety or sureties (if any) entering inlo such rccogoizancc, togclher wirh condition rhcrcof and rhc2um hereby acknowledged. and shall return every such recognizance 10 Ihe Magismte present at Ihe time and place when and where the party is bound lo appear.

I78A. (1) If, in the course of any investigarion, [he Commissioner of Police has reason to believc thal a cognizable offence has been committed, he may. by order in wiling require rhc attcndnnce, berore himself or bcforc any officer serving undcr him, not below [he rank or Sub-Tnspeclor, who is investigating a cognizable offence, of any person then being within the limits of h e town or suburbs oFCalcuua, or wihin thirty miles of such lirnirs, who, from the informarion givcn or othcnvisc, appears to bc acquainted with the facts or circumstances of the case; and such person shall anend as so required.

(2) Thc Comrnissioncr of Police, or any officer aforesaid, may examine orally any person so anending, and may reduce inro writing any srarcmcnt madc by him; and such person shall be bound to answer all questions reladng to the case pur lo him by h e Comrnis- sioner. or such officer, other than questions the answers to which would have a lendency lo expose him lo a criminal charge or to a penalty or forfeirure.

(3) The Commissioner of Police may, in any case, forward lo h e Superinlcndent of Police of thc dislrici in which any person kom whom any informa~ion is required relating to the facls or circumslances of he case under invesligalion. is believed to be, such qucstions and such slarcmcnt as may bc necessary for he purpose of obtaining he information desired; and such Superintendent shall, on rcccipt thcrcof, cause such person ro be examined oraIIy, and his slatcmcnt to be reduced inlo wriljng, in the same mnnncr and subject to the same provisions as if any invcs~igarion were being made into such offence in such district, and shall forward the smrement, reduced into writing to h e Cornrnissioncr of Policc.

(4) Subjcct lo any rules made by the ?(State] Government '* * * the Commissioner of Police may, if he hnks fi~, order

IScci i~n 78A was inserted by s. 25 oilhe C3lcult~ md Suburban Police (Amendmcnr) Act, 1910 (Ben. A d 1lI of 1910).

?,See four-norc 4 on page 78. anre.

'The words "subjccr ro IIW conml oithc Govcmor-Gcnenl in Council" were repealed by PI, V or the first Schedule o i rhe Devolulion Act, 1920 (XXXVIU of 1920).

The Calcfrtta Polim Act. 1866.

payrncnl on the part [ [ o f the Stale Government], of [he reasonable >.

expcnses of any person residing in the Iown or suburbs of Calcutta who attends for [he purposes of any investigation before himself or any olher Police-officer under this section, and shall order payment as aforesaid of ~ h c reasonable expenses of any person not so rcsiding who altcnds as aforesaid.

79. If information shall be given on oath to Ihc Commissioner of Policc ?* * [hat [here is reasonable cause for suspecting that anylhing stolen or unlawfully oblained is conceated or lodged in any dwelling- house, building or olher place, or any ship or vessel,

chc Commissioner '* * by special warrant undcr his hand dircctcd lo any Police-officer, may cause such dwelling-house, building or olher place, or ship or vessel, to be eniered and searched a[ any lime of the day, or by night, if power for thnl purpose be given by such warrant:

4[Providcd bat no such warrant shall authorize any Police-officer bclow the rank or Sub-Inspector lo make any enrry or search at night;].

and the said Commissioner 5+ ', if it shall appear to him necessary, may empower such Police-officer, wih such assistants as may be found necessary (such officer having previously made known his authority), to usc iorcc for ~ h c crfcc~ing or such cnrry, whether by breaking open doors or olherwisc, and if upon search rhcrcupon made, such thing shall be found, then lo convey the same before a Magisuatc, or to go guard h e samc on h c spol undl h e orfenden me laken before a Mngismte, or oherwise djsposc hcrcof i n somc place or safety; and morc-over lo lake into custody, and carry before rhc said Magistmtc, cvcry pcrson found in such house or place, or ship or vessel, who shall appear lo have bccn privy to the deposit of any such thing, knowing or having reasonable causc lo suspect the same to have been stolen or otherwise unlawfully obtained.

On suspicion of goods being slolen

commis- sioner may gmt search- wILmt.

80. I f information shall be given to any officer of police not below Power[* scarch

the rank o16[SubInspeclor], thal there is reasonable cause for suspecting hOu,, for cfnlrn ".".....

'The words 'bf thc Provincial Govcmrncnl" wcrc firs1 subslituled roc the words "of pypeny the Govcmicnr" by p m 3 md Schcdulc IV of rhc Govcmment of India (Adaptxion of WII~OUL lodim LAWS) Order, 1937. T h e d i e r the word "Slntc" w z subsliluted for the word w-I. "Rnvincis ' by pan. 4 ( 1 ) of h c Adapmtion of L w s Ordcr. 1950.

'The words "or ro a Magishtc." wcre rcpcded by Ihc Prcsidcncy Magisrnlcs (Coun- fees) Act, 1677 (1V o f j877).

'Thc words "or the Magism~e" wcrc repealed by the Presidency Magistnles (Coun- I c e ) Acl, 1877 (W of 1877).

'Thcsc words were insened by s. 26 of the Calcuna and Suburban Police (Amendmen!) Acl. I910 (Ben. ACL 111 of 1910).

T h e words "or Magismtc" wcre rcpcaled by thc Prcsidcncy Magismfcs (Coun-iccs) Act. 1877 (IV of 1877).

r h c word "S~b~bspeclor" wrus substitufed for the word "Inspector" by s. 6 or [he Calcutta md Suburbm Police (Amcndmcnr) ACI, 1907 (Bcn. Act 111 of 1907).

The Calcvna Police Acr, 1866.

Feu. Act W

Power to s ~ m h for pfsons wrongCully confined.

\Vhcn oificrr in charge of policc- srnuon may rcqulrc analher to issue scmh- warnnl.

Praccdure in making scmhcs,

[hat any srolcn properly is concealed or lodged in any dwelling-house or other place, and hc shall have good grounds for believing that by reason for [he delay in obtaining a search-warranr he proptrly is likely to be removed, the said oCficcr. in virtue of his officc, may search for specific articles alleged ro have been stolen in the houses and places specified:

Provided always that a list or articles stolen or missing bc dclivercd or laken down in writing, wirh a declmuon staring hat h e robbery has bcen committed, and that the informant has good ground to belicve rha~ thc properly is dcposited i n such house or place; and provided, Furher, [ha1 the person who lost thc goods. or his represcn~ative, accompany he officer in h c search.

'80A. . If information is given on oath ro h e Cornmissioncr of Police [hat any person is confined under such circumstances lhat the confinement amounts to an offcncc, and if it is for any reason impnclicable 10 make an application l o a Magistrate under scclion 100 or section 552 of the Codc of Criminal Procedure, 1898, the Commissioncr may issue a search- ACI v of w m a h 10 any Police-officer not below the rank of Sub-Inspcclor; and [he oficcr to whom such warranr is direcled may search Tor the person indicaled in such warrant in accordance wilh such directions as may be givcn Ihcrcin; and the person, if found, shall immediately be taken bcrore a Magisiratc, who shall make such order as in the circumstances of rhc case seems proper.

'80B. (1) An officer in charge of a police-station in hc [own of Calcum may require any officcr in chargc of a police-station in any pari of )[West Bengal], whether wilhin or without the town of Calcuua, to cause a search to be made in any place, in any case in which the Comer officer might causc such scarch ro be made wihin the limils of his own stalion.

(2) Such oficer, on being so required, shall proceed in accordance with the provisions of scction 80 of rhis Act or seclion 165 of the Code of Criminal Procedure, 1898, whichcvcr i s applicable, and shall forward the ~ h n g found (if any) to the officer al whose request h e search was rnadc.

480C. (1) Before any officcr makes a search under (his Acl, he shall call upon rwo or more respectable persons to auend and witness thc scarch.

'Scc~ion 80A was inscncd by s. 27 of h e Cdcuna md Suburban Police (Amcndrncn~) Aci. I 9 10 (Ben. Act I11 or 19 10).

:Sccrion SOB was inscned by s. 28, ilrid. 'The words "Wesl Bengd" were subslitutcd for ~ h c word "Bcnpl" by pam. 3(2) of

rhc Indian independence (Adaptalion or 8 c n g d and Punjab Acls) Order, 1948. 'Scc~ion ROC wm insened by s. 29 oilhe Calcurtamd Suburban Poiice (Amcndmenr)

ACI. 1910 (Bcn. Act I11 of 1910).

The Cnlcttrra Police A cr. 1866.

(2) The search shall bc madc in the presence of such persons, and "a list of all lhings scizcd in the coursc of [he search, and of the places

in which [hey arc respectively found, shalt be prepared by the said officcr and signed by thc said witness; but no person witnessing a scarch under this scclion shall bc required ro attend thc Coun as n wilness of the search unless specially summoncd by it.

(3) The mcupanr n l thc,ptacc searched. or some person i n his behalf, shall, in every insrancc, bc pern~iued ro artend during the search; and a copy of ~ h c list prcpared under sub-sectinn (2) signed by thc said wi~nesses, shall be delivercd to such oocupanr or pcrson at his requew.

81. It shall be lawful Tor any Police-officer to seize any property Scizure of

or things which may be found in the posscssion of any pcrson, whcrc 5'01"n

propew. h c posscssion by such person of such propcny or thing crcalcs a rcasonabIe suspicion of [he committal or an officcr: and such scizurc shall be Iorthwilh reponcd lo ~ h c Con~missioncr or Police, who shall thereupon make such order respecting thc custody or production of thc property as tle shall think proper.

82 lo 94. /Dispo.sul of srolen property in crrsrody of police; ~Mngistmre's polvet- ro srr~t~~trorr persotis clrarged; srrnrrrons /low senled; puuqer- lo issrre \r.armrutrt; polrdcr m erlforce a1re1ldat1ce of lvirtlesses; fees: power ro orderpriso~iers ro be bro~rghr I I ~ ; g i v i ~ ~ g f01.w evidence; power ro adjovr-r; Iieorirrg; power lo olrorri cosa arld orrre~rds; levy ofji,res: disrre.~s /tor ~ollan$ll for nJallt of funti.]-Rep. rhe Preside~iqt Magistratc.~ Act, 1877 (IV o j 1877).

95. If any person, upon entering inlo such recognizance as is by [his Act aurhorized lo be taken, do not aftenvards appcar pursuant lo such recognizance, the Magistrare before whom he ought to have appcarcd shall ccrlify the fact of such non-appearance on the back of [he recognizance, and hereupon the sum thereby acknowledged shall be recoverable in [he manner provided by '[sections 64 and 67 to 70 of thc

xct XLV of Indian Pcnal Cnde and sections 386,387 and 389 or thc Codc of Criminal ! 860.

of Proccdurc, I 8981, for levying lincs. 1598.

96 to 98. ~Recognizr~rrccs; for111 ofjrrdgrlrerrt; grourrds for qrraslrirrg

IT Magistnic ccniLus non- appmmcc or person pursumt 10

recogni- 7 m ~ , sum acknow- ledged may k rcwvcrcd as iinc.

'Thcsc words and h g u w wcrc subsritutcd for h c words '%his Acr," by s. 3 md thc Second Sch. or the Amcnding Act. 1933 ( 1 or 1903).

The Calcrr fra Police Acr, 1866.

[Ben. Act 1%

(Sections 99, 100.)

Li~nitarion 99. Clarise I.--A11 actions and prosecutions againsl any pcrson or acrion. which may be lawfully brought for anything done, Or intended to be

done, under the provisions of h i s Acl, shall be commenced wjrhjn k c rnonlhs afier the act complained OF shall have been committed, and no1 olherwisc;

No!ice of and nouce in wiling of such action, and of the causes hereof shall a c ~ ~ o n s . be given to (hc dcfcndant one month a1 least bcforc h c commencemenr

of [he aclion; and in every such action it shall be expressly alleged in the plaint

ha^ the act complaincd of w z done maliciousty and without reasonable or probable cause;

and if a[ rhc uial of any such acuon, upon he general issue being pleaded as hereinafter provided, the plaintiff shall rail to prove such allcgahon, he shall be non-suiled. and a verdict shall be given for hc deiendant.

PICA. CIalrse 2.-The defendant i n any such action may plead he general issue and give this ACL and the special matter in evidence at any r i a l lo be had thereupon;

Tcndcr o f and no plaintiff shall recover in any such action. if tender of suficient amends. amends shall have been made before such aciion brought, or if a suficient

. sum of money shall have been paid into Court after such action brought, by or on behalf of rhc dcfcndant;

Costs. and if a verdicl shall pass for [he defendanl, or h e plainliff shall become non-suit, or discontinue any such acrion aftcr issue joined, or if upon demurrer or olherwise, judgment shall, be given against the plaintirk Ihe derendant shall recover his Cull costs as betwccn auorney and client, and have the like remedy for h e same as any defendan1 halh by law in ohcr cases;

and, though a verdict shall be given For the plaintifF in any such ac~ion, such plainGff shall nor have costs a g ~ n s t h e defendanr unless h e judge, before whom [he trial shall be. shall cerlify his approbation of Ihc acuon and of h e verdict ob~ained thereupon.

Police to '100. ( I ) The Police shalI, For h e purpose of safe custody, take lakt temporary charge of- of unvlhmcd

(a) all unclaimed movable properly found by them, and (b) all movable property found lying in any public street. if the

owner or the person in charge of such property on being direcicd to remove Ihc same, rcfuscs or omils to do so wilhin a reasonable time;

and may. for thc said purpose, takc temporary charge of any unclaimed movable properly made over to them.

'Section la0 was subsli~uled Tor he original seclion 100 by s. 30 of lhe Cdcum and Suburban Police (Amendment) ACI, 1910 (Bcn, Aci 111 of 1910).

The Calcuna Police Act, 1866.

(2) Property of which the Poljcc, havc rakcn chargc under sub- '

section (1) shall be handed ovcr to the Commissioner of Police.

'101. (I) If the said pmpcrty appears to have been left by a person DispsJ 01

who has died in~estate, and nor to be under IWO hundred rupees in vduc, PmFrrY-

h e Commissioner of Police shall communicate w ilh rhc Adminjsrraror- General, w i h a view to ils being dealt with under the Adminjsrraror-

I11 of 1913. General's Act, 19 1 32, or any other law for h e Lime being in Iorce.

'(2) In every other case the Commissioner of Police shall issue a proclamation specifying he arlicles of which such property consists, and requiring any person who may have a claim thcrcto to appcar before himself or some other officer whom hc appoints in this kha l f and es~ablish his claim wirhin six months from h e date of such proclamalion.

(3) If the property, or any pan thereof, is subjecl to speedy and natural decay, or consisb of live-stock, or if the propeny appcars lo be of less value than five rupees, ir may fonhwjth be sold by auction under h e orders of the commissioner of Police; and h e net-proceeds of such sale shall bc deal1 w i h in h e same manner as is hereinaher provided for ihe disposal of the said property.

(4) The Commissioner of Police shall, on being sadsfied of the title of any claimant to h e possession or administration of any propeny referred to in sub-section (2). order he samc to bc dclivcrcd to him, aficr deduction or payment of [hc expenses properly incurred by the Police in the seizure and detention thereof.

(5) The Commissioner of Police may, at his discretion. before making any order under subsection (4), take such security as he may think proper from he person to whom thc said properly is to be delivered; and norhing hercinbcfore conrained shall affect the r igh~ of any person to rccovcr the whole or any part d such property from Ihe person lo whom it may have been delivered pursuanL to s ~ c h order.

(6) If no person esrabljshcs his claim to such property wiLhihin he period prescribed in sub-secuon (2), it shall be at the disposal 4[of the Slare Governmenr]; and the property, or such part thereof as has not alrcady bccn sold under sub-section (3), may bc soId by auction under orders of the Commissioner of Police.

'Scclion 10I was substilutcd for Ihe original section 101 by 5. 30 of the Cnlcutta and Suburban Policc (Amendment) A ~ L 1910 (Ben. Act III of I910).

T h i s figurc wjs subsiiluml Tor !he figurc "1874" by s. 2 md'thc first Schedulc of the Bengnl Repxhng md Amcnding Act, 1938 (Ben. Act I of 1939).

'As l o the saving or rhcsc provisions from the opedon or the General S u m i o n Law-see sec~ion 55(1) of the Administmtor~GenenI's Act. 1913 (TIl of 1913).

The Calctrrfa Police Acr, 1866.

[Ben. Act IV

stny do;^ IOL It shall bc lawful for he Commissioner of Police, by order to h: k~l lcd ,, <,,,,, in wriring, ro be affixed at the principl policc-sladons and also lo be a~p31mcd published in some public newspaper. lo appoinl, from lime lo time, pcrids. ccrtain pcriods within which any dogs found straying i n rhc sucers or

beyond the enclosures of he houscs of ~ h c owner of such dogs may be dw~rclycd.

~ u b ~ i c '102h. Any public noucc rcquircd lo bc givcn undcr any of h e how provisions of his Acl shall hc in writing, shall bc signed by ~ h c

ro bc given. Commissioner nf Police, and shall be published, in lhc localiry lo bc affcc~cd ihcrcby, by affixing copies hcrcof in conspicuous public placcs, or by prociainling rhc samc with bcal oidrum or by advcrlising Lhc samr in such Iocal ncwspapers. English or Vernacular, as ihe Commissioner of Police may dccm fir. or by nny rum or more of L ~ C S C mcans and by nny orhcr mcans hc may ~ h i n k suirahlc.

Consenr. '102B. W~eneuzr under this Act or my mlc made hercunder Lhc CIC.. or Cornmi>- doing or ~ h c o m i ~ ~ i n g to do anyillin& or ihe validily of anyhing depends sjoncr nf upon lhc conscnL approval, declaration, opinion or sausfacnon of the PdiCc or Cornmissinncr oTPrllicc or orany olher Police-ofiiccr, a wvrilten documenl Policc- oificcr how s i p d by f i e Commissioner of Police or by such oifjccr. purponing ro lobP" \cd - convey or SCI Ibrh such consent. approval, decIaration, opinion or

satisfaction, shall, hc sufficicni cvidcncc lhcrcob

Stamping of '102C. Every liccnsc, w i ~ l c n ~rcrrnission, noliw, or orhcr douumcnl sigmrurc. [no1 bdng 3 summons or warrant or search-warrant, or a nolification

issued under sub-section (31 of scction 62A, or an wdcr madc under sub- section (4) OF r h a ~ section, or an order made undcr section 78A] rcquired .hy his Act, or any rule made hereunder, to bear he signarm of be %mimissioner orPolicc, shall bc decmcd ro be properly signed if ir bears a racsirnilc of his signature slampcd ~hercun.

103. [Foreign dcser-1ers.I-Rep. by the Irrdic~n Porfs Acr, 1875 (XI1 of 1875).

SCHEDULE OF FORMS.

'FORM A-(Kejerred ro ill secriorl 13).

A B has bcen qpoinred a mcmbcr of lhc Calcuna Police force and is vencd with thc powers, funcrions and privileges of a Police-oficer.

'.Ccclions IOlA and 102B were inencd by 5. 3 I or the Calculo and Suburban Police (.4mcndmenr) Act. 1910 (Bcn. Acr IIl or 1910).

'Stx~iun lO?C waq inwncd by s. 32(1), ibid. 'This Form A w x suhsli~ulcd lor thc original Form A hy s. 33. ihid.

Tlrc Cakrrrtit Police A d . 1866.

Co~rrrrrissio~ier- of Policc.

FORM B-Rep. by s. 4 a~zd he Tt~ircl Scllcd~rle of rhc Rrprrrlirrg n11dAn1e1idit1.g Act. 1903 (Iof I903), ~zonl A-,zon8rl ns llrr Anrerrrlir~g Act, 1903-ride Act X of 1914, Sc l~ . 11.

'SCHEDULE OF FEES

(See scction 4 1 .)

A. Fees for licenses.

Dcscrip~ion of ircms. FCCS.

For every tea shop, aenled waler shop, Rs. 100 pcr year and also an cold drink shop, soda fountain. additional Tce of Rs. 10 per

~nonrh or lrnction ofu month if music is [o bc played in such place.

For cvcry coffce-how, boarding-how, Rs. 250 pcr ycar and also an eating-house or srveeunear-shop. addi~iunal fce of Rs. 15 per

~nonlh or rcncr ion ofa nionlh i f music is to br playcd in such place.

For cvcry hole1 run in wesrcrn slylc. Rs. 1.000 per yenr for halcl. Rs. 2,000 per year ior hotel and restaurant.

For every bc~el shop or shop sclling Rs. 60 per year. bidi or cigaret~e or lobaccos or zarda or lnasalla [or bcrcl Icai.

For exrcry resrauranr. snack shop, snack Rs. 250 per yew, bar.

For cvery lodging house for pilgrims. Rs. 50 per ycar.

For evcry lodging house for scamcn. Rs, t 00 per ycar.

For cvcry nthcr casc. Rs. 10 per ycar:

'Fislly [his Schcdulr or refs wa< addcd by s. ?Ic) or lhc Calcur~a and Suburban Policu (A~iicndlucnl) ACI. 1952 (Wcs~ Ben. Acr XIX or 1952). ThcrcaTler rhc Schtdulc of ftcs wa subs~ilurcd ror ~ h c oriein~l Schcdulc of fccs by s. 212) of rhc Calcurra wd Suburbm Policc (Sccond Amendment) ACI. 1978 (West Bcn. Act XLi'III 01 1978).

Vie Calcurta Police Act, 1866.

pen. Act lV of 1866.1

Provided thar no fec shall be payable in respect of any esiablish- menL the keeper of which is required to take out a licensc undcr section 218 of Lhe Calculla Municipal Act, 1951, Ihc fec for which is naL more wed Ren.

rhan Rs. I $ per year. AC t XXXIII of 1951.

B. Fees for cermcale.

Descrip~ion of items. Fees.

For every reslaurant with permaqcnt Rs. 350 per year. bar with a forcign liquor shop or wilh a India-madc foreign liquor shop or hotel where spiriluous liquor or forcign liquor or India-made foreign liquor are sold.

For evcry foreign liquor shop or India- Rs- 300 pcr year. made foreign liquor shop.

For every arrack or toddy-shop. Rs. 200 per year.

For every gat* shop, bllang shop or Rs. 20 per year. opium shop.

For every temporary bar. Rs. 50 per year.

I n every other case. Rs. 10 per year.

C. Fees for passes.

Description of itcm. Fees.

For every animal. Rs. 10.

.Explariarion.--If any qucstion arises as 10 whether any placc or establishment or thing comes widin any of h e ilems described above, the rnatler shall bc referred to he Commissioner of Policc and the decision of h e Commissioner of Police shall be final.