The Bihar Police Act, 2007
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86. Disposal of fees, rewards, etc
All fees paid for licenses or written permissions issued under this Act, and all sums paid for the service of processes by Police officers, and all rewards, forfeiture and penalties or share thereof which are by law payable to police officers as informers, shall, save in so far to any such fees or sums belong under the provisions of any enactment in force to any local authority, be credited to the Government. Provided that with the sanction of the Government, or under any rule made by the Government in that behalf the whole or any portion of such reward, forfeiture or penalty may, for special services, be paid to a Police officer or be divided amongst two or more Police officers.
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87. Method of proving orders and notifications
Any order or notification published or issued by the Government or by a Magistrate or officer under any provision of this Act, and the due publication or issue thereof, may be proved by production of a copy thereof, in the official Gazette or of a copy thereof signed by such Magistrate or officer, and by him certified to be a true copy of the original published or issued according to the provisions of the section of this Act applicable thereto.
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88. Procedure of providing certificate to rules and orders
No rule, order, direction, adjudication, inquiry or notification made or published, and no act done under any provision of this Act or of any rule made under this Act, or in substantial conformity to the same, shall be deemed illegal, void, invalid or insufficient by reason of any defect of form or any irregularity of procedure.
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89. Officers holding charge of, or succeeding to vacancies competent to exercise powers
Whenever in consequence of the office of a Commissioner, or Police officer becoming vacant, any officer holds charge or additional charge of the post of such Commissioner, or Police officer or succeeds, either temporarily or permanently to his office, such officer shall be competent to exercise all the powers and perform all the duties respectively conferred and imposed by this Act on such Commissioner, or Police officer, as the case may be.
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90. Licenses and permissions to specify conditions, etc., and to be signed
1. Any license or written permission granted under the provisions of this Act shall specify the period and locality for which, and the conditions and the restrictions subject to which, the same is granted, and shall be given under the signature of the competent authority and such fee shall be charged therefore as is prescribed by any rule under this Act in that behalf. 2. License to be cancelled. Any license or written permission granted under this Act may at any time be suspended or revoked by the competent authority if any of its conditions or restrictions is infringed or evaded by the person to whom it has been granted if such person is convicted of any offence in any matter to which such license or permission relates. 3. When license is cancelled the license holder is deemed to be without license. When any such license or written permission is suspended or revoked, or when the period for which the same was granted has expired, the person to whom the same was granted, shall, for all purposes of this Act, be deemed to be without a license or written permission, until the order for suspending or revoking the same is cancelled, or until the same is renewed, as the case maybe. 4. License holder to produce license and permission when called for. Every person to whom any such license or written permission has been granted, shall, while the same remains in force, at all reasonable times produce the same, if so required by a Police officer. Explanation:- For the purpose of this section any such infringement or evasion by, or conviction of, a servant or other agent acting on behalf of the person to whom the license or written permission has been granted shall be deemed to be infringement, or evasion by or, as the case may be, conviction of, the person to whom such license or written permission has been granted
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91. Public notices how to be given
Any public notice required to be given under any of the provisions of this Act shall be in writing under the signature of a competent authority and shall be published in the locality to be affected thereby, affixing copies thereof in conspicuous public places, or by proclaiming the same with beat of drums, or by advertising the same in such local newspapers, as the said authority may deem fit, or by any two or more of these means and by any other means it may think suitable.
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92. Consent, etc., of a competent authority may be proved by writing under his signature
Whenever under this Act, the doing or the omitting to do anything or the validity of anything depends upon the consent, approval, declaration, opinion or satisfaction of a competent authority a written document signed by a competent authority purporting to conveyor set forth such consent, approval, declaration, opinion or satisfaction shall be sufficient evidence thereof.
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93. Signature on notices, etc., may be stamped
Every license, written permission, notice or other document, not being a summons or warrant, or search-warrant, required by this Act, or by any rule there under to bear the signature of the Commissioner, shall be deemed to be properly signed if it bears a facsimile of his signature stamped thereon.
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94. Power to make rules
The Government may make rules for carrying out the purposes of this Act.
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95. Power to remove difficulties
If any difficulty arises in giving effect to the provision of this Act, the government may, by notification in the official Gazette, make such provisions as appear to it to be necessary or expedient to remove difficulty.
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96. Notification of rule and regulations and rule and regulations to be published in the Gazette
a) Every rule and regulation framed under this Act shall be published in the Gazette. b) All rules and regulations made by the Government under this Act, shall be laid as soon as may be after they are made, before each House of the State Legislature while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions and if, before the expiry of any or first session of successive session as the case may be, in which it is so laid , both Houses agree in making any modification in the rule or regulation or both Houses agree that the rule or regulation should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; So however that any such modification or annulment shall be without prejudice to the validity of anything done under that rule or regulation.
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97. Repeal and Saving
1. The Police Act, 1861 so far as it relates to the State of Bihar is hereby repealed. 2. The Bengal Armed Police Act, 1892 (V of 1892), so far as it relates to the State of Bihar is hereby repealed. However, in spite of such repeal, the existing class and grade of Armed Police Officer under chapter V of the Act, 1892, shall remain in existence till a new Bihar Armed Police Act is not framed. 3. In spite of such repeal, any act done or any action taken or any action initiated under this rule shall be deemed to be the act done or action taken or action initiated under this Act. 4. All the context of any section of any of the provisions of this Act, which may have been repealed, shall be deemed as the context of the concerned provisions of this Act.
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