Chapter III A

(Ill) STATE SECURITY COMMISSION, POLICE ESTABLISHMENT BOARD AND POLICE COMPLAINTS AUTHORITY.

Establishment and constitution of State security Conunission.

32B. The State Security Commission shall exercise the following powers and perform the following functions, namely:- (1) to advice the State Government on policy guidelines for promoting efficient, effective, responsive and accountable policing of Police Force in the State; (2) to assist the State Government in identifying performance indicators to evaluate the functioning of the Police Force. These indicators shall, inter alia, include the operational efficiency, public satisfaction, victim satisfaction vis-a-vis police investigation and response, accountability, optimum utilization of resourses and observance of human rights standards; (3) to review periodically, the performance of the Police Force; (4) to suggest for the performance of the preventive tasks and service oriented functions of the Police Force; (5) to review and evaluate organizational performance of the police against- (i) the performance indicators as identified and laid down by the Commission itself; (ii) the resources available with, and constraints of the police; (6) to suggest policy guidelines for gathering information and statistics related to police work; (7) to suggest ways and mens to improve the efficiency, effectiveness, accountability and responsiveness of the police; and (8) such other functions as may be assigned to it by the State Government.

32C. The State Security Commission shall, at the end of each year, Annual Report. prepare a report on its works during the preceding year as well as on the evaluation of performance of the Police Force and submit it to the State. Government for consideration and appropriate action.

32D. (1) The State Government shall, by an order, constitute a Police Constitution Establishment Board consisting of the following members, namely:- of Police Establishment (1) the Director General and Inspector General of Police, ex-officio, who shall be the Chairman; (2) the Additional Director General of Police (Administration),. ... ex-officio, (3) an officer not below the rank of the Deputy Secretary to Govern- ment of Gujarat, Home Department.. ... ex-officio; and ( 4) an officer not below the rank oflnspector General of Police to be nominated by the State Government, ex-officio, who shall be the Member Secretary. Board.

32F Establishment of State Police Complaints Authority.

32G. The State Police Complaints Authority shall exercise the following powers and perform following functions, namely:- (1) to look into the complaints against police officers of the rank of Deputy Superintendent of Police and above, in respect of serious misconduct, dereliction of duty, misuse of powers, or any other matter specified by the Government, not covered by the Vigilance Commission, National Human Rights Commission, State Human Rights Commission, Commission for Minorities, Commission for Scheduled Castes and Schedulted Tribes, Commission for Women and Commission for Backward Class Communities, or any other Commissions as may be appoited from time to time either by the Central Government or by the State Government; (2) to require any person to furnish information on such points or matters as, in the opinion of the Authority, may be useful for, or relevant to, the subject matter of the inquiry, and any person so required shall be deemed to be legally bound to funish such information within the meaning of sections 176 and 177 of the Indian Penal Code, 1860; (3) to enforce attendance of any person and take evidence on oath in the manner of a civil court; ( 4) to make appropriate recommendations to the State Government on any case enquired into by it, wherever required.

32!.

Providing funds to Conunission Board, etc. CHAPTER.IV. POLICE REGULATIONS.

Power to make rules for regulation of traffic and for preservation of order in public 22 place, etc.

34. The Commissioner and the District Superintendent in areas under their respective charges may, whenever in his opinion such action is necessary, authorise such Police Officer as he thinks fit to ereor barriers on any street for the purpose of stopping temporarily vehicles driven or such street and satisfy himself that the provisions of any law for the time being in force have not been contravened in respect of any such vehicle or by the driver of or the person in charge of such vehicle. The said authority may also make such orders as it deems fit for regulating the use of such barriers. Competent authority may authorise erection of barriers on streets.

35. (1) A competent authority may, from time to time, make rules Powerto~iake h'b" · h d" 1 f h d d h h b · b · l h · rules proh1b1ttng pro 1 1tmg t e 1sposa o t e ea , w et er y cremation, uria or ot erw1se at disposal of the places other than these set apart for such purpose: dead except at places set apart. Provided that no such rules shall be made in respect of any such town or place in which places have not been so set apart: Provided further that the competent authority or any officer authorised by it in this behalf may in its or his discretion on an application made to it or him by any person, grant to such person permission to dispose of the corpse of any deceased person at any place other than a place so set a part, if in its or his opinion such disposal is not likely to cause obstruction to traffic or disturbance of the public peace or is not objectionable for any other reasons. (2) Any rules made under sub-section (J) shall specify the places set apait for the disposal of the dead of different communities or sections of communities. (3) All such rules shall be subject to the condition of previous publication and the date to be specified under clause ( c) of section 25 of the Bombay General Clauses Act, 1904, shall not be earlier than two months from the date on which the draft of the proposed rules is published. 1. These \Vords were substituted for the words "the Con1missioner or the District Magistrate" by Guj. 16of1978. s. 9 (c). 2. These \\'ords \Vere inserted by Guj. 5of1989, s. 3 (3). Power of Commissioner or the District Superintendent and of other officers to give direction to the public. Polver to prohibit certain acts for prevention of disorder. Explanation.-For the purposes of this section, a place set apart for the disposal of the dead means a place set apart for such purpose under any custom, usage or law for the time being in force.

give direction to the public. 3 7. Power to prohibit certain acts for prevention of disorder. 28

38. (1) If the Commissioner or District Superintendent is satisfied from the report of an officer in charge of a police station or other information received by him that it is necessary to do so in order to prevent annoyance, distrurbance discomfort or injury or risk of annoyance, disturbance, discomfort or injury to the public or to any persons who dwell or occupy property in the vicinity, he may, by a written order issue such directions as he may consider necessary to any person for preventing, prohibiting, controlling or regulating- ( a) the incidence or continuance in or upon any premises of- (i) any vocal or instrumental music, (ii) sounds caused by the playing, beating, clashing, blowing or use in any manner whatsoever of any instrument, appliance or apparatus or contrivance which is capable of '[producing or reproducing sound], or (b) the carrying on, in or upon any premises of any trade, avocation, or operation resulting in or attended with noise. I. Clause (cc) was inserted by Guj. 26of1972, s. 2 (I). 2. These words \Vere substituted for the \vords "corrosive substance or explosive or missile", ibid., s.2 (2). 3. These \Vords \Vere substituted for the \Vords "producing sound" by Boin. 28of1954, s. 9. Power to prohibit, etc., continuance of music, sound or noise. Issue of orders for prevention of riot, etc. (2) The authority empowered under sub-section (1) may, either on its mvn motion or on the application of any person aggrieved by an order made under sub-section (1), either rescind, modify or alter any such order ; Provided that before any such applications disposed of, the said authority shall afford to the applicant an opportunity of appearing before it either in person or by pleader and showing cause against the order and shall, if it, rejects any such application either wholly or in part, record its reasons for such rejection.

Compensation to lawful occupier of building or place closed or taken possession of. 30 Disputes as to compensation to be settled. 30

40. (1) In any case of an actual or intended religious or ceremonial or corporate display or exhibition or organised assemblage in any street or public place, as to which or the conduct of or participation in which it shall appear to a competent authority that a dispute or contention exists which is likely to lead to grave disturbance of the peace, such authority may give such orders as to the conduct of the persons concerned towards each other and towards the public as it shall deem necessary and reasonable under the circumstances, regard being had to the apparent, legal rights and to any established practice of the parties and of the persons interested. Every such order shall be published in the town or place wherin it is to operate, and all persons concerned shall be bound to conform to the same. (2) Any order under sub-section (1) shall be subject to a decree, injunction or order made by a Court having jurisdiction and, shall be recalled or altered on its being made to appear to the authority making the order that such order is inconsistent with a judgment, decree, injunction or order of such court, on the complaint, suit or an application of any person interested, as to the right and duties of any persons affected by the order aforesaid. I. These words were substituted for the words "Chief presidency Magistrate or the District Magistrate, as the case may be" by the Gujarat Adaptation of Laws (State and Concurent Subjects) Order, 1960. 1951 : Born. XXII]

Police to have free access thereto. 42. [Deleted]. 31

disease at fair, etc.

44. (1) The Commissioner and the District Superintendent in areas under their respective charges, may from time to time, by public notice, proclaim that any stray dogs found, during such period as may be specified in the said notice, wandering in the streets or in any public place may be destroyed, and any dog so found within such period may be destroyed accordingly. (2) The authority empowered under sub-section (J) may be public notice require that every dog, within any street or public place and not led by some person, shall be muzzled in such a manner as effectually to prevent it from biting, while not obstructing its breathing or drinking and the Police may, so long as such notice remains if force, destroy or take possession of and detain any dog found loose without muzzle in any street or place beyond the premises of the owner thereof: 1. The \Vords "Chief Presidency Magistrate" \Vere deleted by the Gujarat Adaptation of La\vs (State and Concurrent Subjects) Order, 1960. Destruction of stray dogs. Destruction of sufferring or unfit animals. Provided that any dog so found, wearing a coller on which an apparently genuine name and address of an owner is inscribed, shall not, unless it is rebid be forthwith destroyed, butinformation of the detention thereof shall forthwith be sent by post or otherwise to such owner. (3) Any dog which has been detained under sub-section (2) for a period of three clear days without the owner providing a muzzle and paying all expenses connected with such detention may be destroyed or sold with the sanction and under the orders of the competent authority. (4) The proceeds of the sale of any dog under sub-section (3) shall be applied as far as may be, in discharge of the expenses incrurred in connection with its detention, and the balance, if any shall form part of the consolidated fund of the State. (5) Any expenses incurred in connection with the destruction or detention of any dog under this section shall subtect to the provision of sub-section (4), be recoverable from the owner thereof upon a warrant issued by the competent authority as if it were a warrant under section 386 of the Code of Criminal Procedure, 1898. V of 1898.

45. (I) Any Police officer who in any street or public place other than a place of worship finds any animal other than a bull or a cow so diseased or so severely injured, and in such a physicial condition that in his opinion it cannot without cruelty be removed shall if the owner is absent or refuses to consent to the destruction of the animal, at once summon the Veterinary Practitioner in charge of the area in which the animal is found and if the Veterinary Practitioner certifies that the animal is mortally injured or so severely injured or so diseased or in such a physical condition that it is cruel to keep it alive the Police officer may without the consent of the owner destroy the animal or cause it to be destroyed: Provided that if in the opinion of the Vetermary Practitioner the animal canbe removed from the place where it is found without causing it great suffering, and, if the owner or person in charge of the animal or in their absence any other person on the spot is willing and offers to remove the animal to a Veterinary Hospital or Panjarapole within such time as the Veterinary Practitioner considers reasonable, the Veterinary Practitioner shall allow the animal to be removed by such owner, person in charge of the animal or other person. If the owner or person incharge of the animal or such other person is unwilling or fails so to remove the animals, the Veterinary Practitioner may direct the Police officer to remove the animal before it is destroyed from the place where it is found to such other place as he may think fit : Provided further that when the animal is destroyed in any street or public place it shall, as for as possible be screened from the public gaze while it is being destroyed. (2) The State Government may appoint such persons as it thinks fit to be Veterinary Practitioners and may declare the areas of which they shall be in charge for the purposes of this Act. H-2057-{9)

control of District Magistrate and Commissioner and by District Magistrate subject to the control of State Government.

(IV) SECTIONS. Gujarat Police Act. 1951 [ 1951 : Born. XXII PAGE NO.