Chapter V SPECIAL MEASURES FOR MAINTENANCE OF PUBLIC ORDER AND SAFETY OF STATE

I. Employment of additional Police, recovery of cost thereof and of riot compensation- its assessment and recovery

behaviour of employees exists.

49. In case ofanydisputeundersection47or48thedecisionof 1[* * * * * *] the District Magistrate, 2[* * *] shall be conclusive as to the amount to be paid and as to the person by whom it is to be paid and the sum, so ascertained may, on the requisition of 3[* * *] the District Magistrate, be recovered by the Collector as if it were an arrear of land revenue due by the person found to be answerable therefor. 50. (1) Ifin the opinion of the State Government any area is in a disturbed or dengerous condition or in which the conduct of the inhabitants or of any particular section of the inhabibitants render it expedient temporarily to employ additional Police, it may by notification in the Official Gazette specify- (a) the area (hereinafter called "the disturbance area") in which the additional Police is to be employed. {b) the period for which the additional Police is to be employed : Provided that the period fixed under clause (b) may be extended by the State Government from time to time, if in its opinion it is necessary to do so in the general interest of the public. The cost of the additional Police shall be a tax imposed under this section and shall be recovered in the manner prescribed in the succeeding sub- section. (2) The decision of the State Government under clauses (a) and {b) of sub- section (1) shall be final. (3) On the issue of such notification, the State Government may require,- (a) in any disturbance area which is within the limits of a Corporation the Municipal Commissioner, the Collector or any other authority. (b) in any disturbance area which is within the limits of a municipality, the municipality, the Collector or any other authority, (c) in any distrubance area which is outside the areas specified in clauses (a) and (b), the Collector or any other authority, to recover, whether in whole or in part, the cost of such additional Police generally from all persons who are inhabitants of the disturbance area or specially from any particular section or sections, or class or classes of such persons, and in such proportion as the State Government may direct : Provided that where the Municipal Commissioner or the Municipality is directed to recover such cost, an additional sum not exceeding 3 per cent. of the amount of such cost shall also be recoverable. 1. The words "the Chief Presideney Magistrate, in Greater Bombay, and" were deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 2. The Words "in the district" were deleted, ibid. 3. The words "the Chief Presidency Magistrate of' were deleted, ibid 1951 : Born. XXIIJ Gujarat Police Act. 1951 (4) (i) The State Government may require the Municipal Commissioner or the Municipality to recover such cost and the additional sum by an addition to the general or property tax which shall be imposed and levied in all or such of the municipal wards, sub-wards or sections thereof, as the State Government may direct. Every addition to the general or property tax imposed under this sub-section shall be recovered by Municipal Commissioner or the Municipality from each person liable therefor in the same manner as the general or property tax due from him. The provisions of the relevant Municipal Act shall apply to any such addition as if it were part of the general or property tax levied under the said Act. Such addition shall be a charge along with the general or property tax, on the properties in such municipal wards or sub-wards or sections. (ii) The State Government may also require the Municipal Commissioner or the Municipality to recover such cost and the additional sum from each person liable therefore under sub-section (3) in such manner as the State Government may direct. (iii) Where the Municipal Commissioner or a Municipality makes default in imposing and levying any such tax or in making such recovery, the State Government may direct the Collector to impose and levy such tax or to make such recovery. (5) Every amount recoverable by the Collector or other authority under this section shall be recoverable as if it were an arrear of land revenue due by the person liable therefor. (6) It shall be lawful for the State Government by order to exempt any person from liability to bear any portion of the cost of such additional Police. (7) Out of the total amount by the Municipal Connnissioner or by a municipality under sub-section ( 4) or (5) whether befor or after the coming into operation of this Act the amount of the cost shall be paid to the State Government and the balance, if any, shall be credited to the municipal fund constituted under the relevant Municipal Act. Such amount of cost shall be paid to the State Government every three months. Explanation-In this section the expression of "inhabitants" when used with reference to any area includes persons who themselves or by their agents or servants occupy or hold land or other immoveble property within such area and landlords who themselves or by their agents or servants collect rent from holders or occupiers of land in such area notwithstanding that they do not actually reside therein.

50, whom he considers fit to be a special Police Officer to assist the Police Force on any occasion, when he has reason to apprehend the occurrence of any riot or grave disturbance of the pease within the limits of his charge and he is of opinion that the ordinary Police Force is not sufficient for the protection of the inhabitants and for the security of property. (2) Every special Police officer so appointed shall on appointment- ( a) receive a certificate in a form approved by the State Government in this behalf, (b) have the same powers, privileges and immunities and be liable to the same duties and responsibilities and be subject to the same authorities as an ordinary Police officer. Power of Inspector General and Commissioner to investigate and regulate matters of Police accounts. Special Police officers.

fixed for liability.

52. (I) It shall be lawful for 1[the District Magistrate] '[with the previous sanction of the '[State Government]] to award or apportion all or any moneys recovered as compensation amount under sub-sections (3) to (8) of section 51 to any person or among all or any persons whom he considers entitled to compensation in respect of the loss or damage or death or grievous hurt aforesaid. (2) No compensation shall be awarded under this section except upon a claim made within 45 days from the date of the notification issued by the State Government under sub-section (I) of section 51 and unless 4[the District Magistrate], is satisfied that the person claiming compensation or where such claim is made in respect of the death of any person, that person also has himself been free, from blame in connection with the occurrences which led to the loss, damage, death or grievous hurt as aforesaid. I. These words were substituted for that words "the Chief Presidency Magistrate or the District Magistrate, as the case may be" by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. 2. These words were inserted by Born. 8of1958, s. 3, Schedule. 3. These words were substituted for the words "Revenue Commissioner" by Guj. 15 1964, s. 4 Sch. 4. The words "Chief Presidency Magistrate or" were deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960. ~[***)District Magistrate to award or apportion compensation. (3) The compensation payable to any person under section 51 in respect of death or grievous hurt shall not in any way be capable of being assigned or charged or be liable to attachment or to pass to any person other than the person entitled to it by operation of law, or shall any claim be set off against the same, (4) Every direction and order made by 1 [the District Magistrate] nuder this or the preceding section shall be subject to revision by the State Government but save as aforesaid, shall be final. (5) No civil suit shall be maintainable in respect of any loss or injury for which compensation has been granted under this section, '(* * *J District

53. 1(The District Magistrate] shall discharge his functions under sections Magistrate to discharge 51 and 52 subject to any general or special orders of the State Government in this functions under behalf. order of State Government. Proportionate recovery of the cost of additional Police and compensation for loss caused by unla"ful assembly.

II.

Dispersal of gangs and bodies of persons. 39

56. \Vhenever it shall appear 5[* * *]areas for which a Commissioner has been appointed under section to the Commissioner and in other area or areas to which State Government may, by notification in the Official Gazette extend the provisions of this section to the District Magistrate, or the Sub-Divisional Magistrate 6[ * *]empowered by the State Government in that behalf (a) that the movements or acts of any person are causing or calculated to cause alaram, danger or harm to person property, or (b) that there are reasonable grounds for believing that such personls is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under Chapter XII, XVI or XVII the Indian Penal Code, or in the abetment of any such offence, and when in the opinion of such officer witnesses are not willing to come forward to give evidence in public against such person by reason of apprehension on their part as regard the safety of their person or property, or (c) that an out break epidemic diseaseis likely to result from the continued residence of an immigrant, the said officer may, by an order in writing duly served on him or by heat of drum or otherwise as he thinks fit, direct such person or immigrantion to conduct himself as shall seem necessary in order to prevent violence and from or the outbreak or spread of such disease or to remove himself outside the area within the local limits of his jurisdiction '[or such area and any district or districts, or any part thereof, contiguous thereof! by such route and with such time as the said officer may prescribe and not to enter or return to the said area 8[ or the area and such contiguous districts, or part thereof as the case may be,] from which he was directed to remove himself. I. Sub-section (3) was deleted by the GujaratAdaptation of Laws (State and Concurrent Subjects) Order, 1960. 2. The words "Greater Bombay and in other" were deleted, ibid. 3. These words were inserted by Born. l of 1956, s. 3 (/). 4. These words were inserted, ibid., s. 3 (2). 5. The words "Greater Bombay and other" were deleted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, l 960, 6. The word "specially" was deleted by Guj. 16of1978, s.11. 7. These words were inserted by Born. I of 1956, s. 4 (I). 8. These words were inserted, ibid., s.4 (2). Dispersal of gangs and bodies of persons. Removal of persons about to commit offence. Removal of persons convicted of certain offences. If a person has been convicted-

57. (a) of an offence under Chapter XII, XVI or XVII of the Indian Penal Code, XLVof or 1860. 1 [(b) twice, of an offence- (i) under section 9 of the Bombay Beggars Act, 1945 or under the Bombay Born. xxm Prevention of Prostitution Act, 1923, or the Saurashtra Prevention of Prostitution Act, 1952, the Hyderabad Suppression of Immoral Traffic Act, 1952, the Madhya Pradesh Suppression ofimmoral Traffic Act, 1953, or the Suppression or Immoral Traffic in Women and Girls Act, 1956, or (ii) within a period of three years, under section 65 or 68 of the Bombay Prohibition Act, 1949, 2* [ * * * * * ,] or (c) thrice of an offence within a period of three years, under any of the provisions of the 3[Bombay Prohibition Act, 1949] or under section 4 or 12A of the ofl945. Born.XI of 1923. Sau. Vlll of 1952. Hyd. XLlXof 1952.M.P. Ill ofl953 C!Vof 1956. Born. XXVof 1949. Bont. XXVof 1949. Bombay Prevention of Gambling Act, 1887, or under section 4 or 12AofthatAct as Bom. IV in force in the Saurashtra area or the Kutch area of the 4[State of Bombay], or under section 4 of the Gambling Act, or section 3 of the Public Gambling Act, 1867 as in force in the Vidarbha region of the State of Bombay.] the Commissioner, the District Magistrate or the Sub-Divisional Magistrate 5[*] empowered by the State Government in this behalf, if he has reason to belive that such person is likely again to engage himself in the conunission of an offence similar to that for which he was convicted, may direct such person to remove himself outside the area within the local limits of his jurisdiction 6[ or such area and any district of districts, or any part thereof, contiguous thereto J by such route and within such time as the said officer may prescribe and not to enter or return to the area 7[ or the area and such contiguous district or part thereof, as the case may be] from which he was directed to remove himself. I. Clauses (b) and (c) were substituted for the original by Born. 34 of 1959, s. 19. 2. The portion beginning with the words and figures "under section 65 or

58. A direction made under section 55, 56 or 57 not to enter any particular area 1 [or such area and any district or districts, or any part thereof, continuous thereto, as the case may be,] shall be for such period as may be specified therein and shall in no case exceed a period of two years from the date on which it was made.

59. (1) Before an order under section 55, 56 or 57 is passed against any person the officer acting under any of the said sections or any officer above the rank of an Inspector authorised by that officer shall inform the person in V.'fiting of the general nature of the material allegations against him and give him a reasonable opportunity of tendering an explanation regarding them. If such person makes an application for the examination of any witness produced by him, the authority or officer concerned shall grant such application; and examine such witness, unless for reasons to be recorded in writing, the authority or officer is if opinion that such application is made for the purpose of vexation or delay. Any written statement put in by such person shall be filed with the record of the case. Such person shall be entitled to appear before the officer proceeding under this section by an advocate or attorney for the prupose of tendering his explanation and examining the witness produced by him. (2) The authority or officer proceeding under sub-section (1) may, for the purpose of securing the attendance of any person against whom any order is proposed to be made under section 55, 56, or 57, require such person to appear before him and to pass a security bond with or without sureties for such attendance during the inquiry. If the person fails to pass the security bond as required or fails to appear before the officer or authority during the inquiry, it shall be lawful to the officer or authority to proceed with the inquiry and there upon such order as was proposed to be passed against him may be passed. Period of operation of orders under sections 55, 56 and 57. Hearing to be given be(ore order under sections 55, 56or57is passed.

60. 2[(1)] Any person aggrieved by an order made under section 55, 56, Appeal. or 57 may appeal to the State Government within thirty days from the date of such H-2057~(11) order. 3[(2) An appeal under this section shall be preferred in duplicate in the form of a memorandum, setting forth concisely the grounds of objection to the order appealed against, and shall be accompanied by that order or a certified copy thereof. !. These words were inserted by Born. I of 1956, s.5 (2). 2. This section was renumbered as sub-section(!) of that section by Born. 34 of 1959, s. 20. 3. Sub-section (2), (3) and (4) were added, ibid. Finality of order passed by State Government in certain cases. Procedure on failure of person to leave the area and his entry therein after removal. (3) On receipt of such appeal, the State Government may, after giving a reasonable opportunity to the appellant to be heard either personally or by a pleader, advocate or attorney and after such further inquiry if any, as it may deem necessary, confirm, vary or cancel or set a side the order appealed against, and make its order accordingly : Provided that the order appealed agains shall remain in forre pending the disposal of the appeal unless the State Government other wise directs. ( 4) In calculating the period of thirty days provided for an appeal under this section, the time taken for granting a certified copy of the order appealed against, shall be excluded.]

61. Any order passed under section 55, 56 or 57 or by the State Government under section 60 shall not be called in question in any Court except on the ground that the authority making the order or any officer authorised by it had not followed the procedure laid down in sub-section (J) of section 59 or that there was no mate- rial before the authority concerned upon which is could have based its order or on the ground that the said authority was not of opinion that witnesses were unwilling to come forward to give evidence in public against the person in respect of whom an order was made under section 56.

62. 1((1)] If a person to whom a direction has been issued under section 55, 56 or 57 to remove himself from an area-. (i) fails to remove himself as directed, or (ii) having so removed himself, except with the permission in writing of the authority making the order '[as provided in sub-section (2)], enters the area within the period specified in the order, the authority concerned may cause him to be arrested and removed in police custody to such place outside the area as the said authority may in each case prescribe. 3[(2) The authority making an order under section 55 ,56 or 57 may in writing permit any person in respect of whom such order has been made to enter or return to the area, including any contiguous districts or part thereof, from which he was directed to remove himself, for such temporrary period and subject to such condi- tions as may be specified in such permission and may require him to enter into a bond with or without surety for the due observance of the conditions imposed. The authority aforesaid may at any time revoke any such permission. Any person who with such permission enters or returns to such area shall observe the conditions imposed, and at the expiry of the temporary period for which he was permitted to enter or return, or on the earlier revocation of such permission, shall remove himself outside such area or the area and any contiguous districts or part thereof, and shall not enter therein or return thereto within the unexpired residue of the period specified in the original order made under sections 55, 56 or 57 without a fresh permission. If such person fails to observe any of the conditions imposed, or to remove himself accordingly, or having so removed himself enters or returns to the area, or the area and any contiguous districts or part thereof, without fresh permission, the authority concerned may cause him to be arrested and removed in police custody to such place outside the area as that authority may in each case prescribe.]. L This section was renumbered as sub-section (J) of that section by Born. 37 of 1959, s. 3. 2. These words, brackets and figures were inserted, ibid. 3. This sub-section was added, ibid., s. 3 (2).

to remove himself.

Constitution of village defence parties. '

1951: Born. XXII] SECTIONS Gujarat Police Act, 1951

III. Control of camps, etc. and uniforms. 63A Control of camps, parades, etc. and banning use of uniforms, etc. IV.