The Jammu and Kashmir State Village and Town Patrol Act, 1959

[ILLEGIBLE] ...secure public safety, and the inhabitants of that town or village have not voluntarily made sufficient provision therefor, he may make an order in writing that from such date as he may fix the adult male inhabitants of the town or village shall be Provided that no person shall be called upon to discharge such patrol duty if he-

1. (a) is not a resident of the town or village in which the patrol duty is required;
2. (b) is under 18 years or above 50 years of age;
3. (c) is a person who has been convicted of any offence involving moral turpitude or has been bound under any of the preventive provisions of the Criminal Procedure Code; or
4. (d) is otherwise ill-reputed and of a bad character or is habitual offender or is a receiver of stolen property.

1. (2) An order under sub-section
2. (1) shall remain in force for such period not exceeding one year in the first instance as the District Magistrate may fix, but it may be renewed from time to time as the District Magistrate may direct.

Establishment of the committee.--

1. (1) When the District Magistrate has made an order under sub-section
2. (1) of section 3, he shall constitute a committee of not more than five members from amongst the residents of the town or village, as the case may be.
3. (2) The committee constituted under sub-section
4. (1) shall report forthwith--
   • (a) the number of able-bodied adult male inhabitants of the town or village;
   • (b) the number of persons which, in their opinion, will be required for patrol duty each night;
   • (c) the method by which, in their opinion, such persons may be selected, that is, whether by lot or otherwise.
5. (3) Upon receipt of the report of the committee, the District Magistrate shall determine the number of persons to be employed, the method of their selection, and shall inform the committee, or the town or village, as the case may be, of his decision.
6. (4) The committee shall select the persons for patrol duty in such number and according to such methods as the District Magistrate may direct.
7. (5) Where the selection is by lot, names once drawn shall not be drawn again until all remaining names on the list have been drawn.
8. (6) The committee shall, by publication of a list or otherwise, inform the persons liable to patrol duty of the date, time, area and nature of such duty.

Substitutes.--

Exemptions Exemptions.-- Exemptions from patrol duty may be granted--

1. (a) by the District Magistrate; or
2. (b) by the committee subject to confirmation by the District Magistrate.

District Magistrate's power of general control.-- The District Magistrate shall have power to add to or reduce the number of persons required for patrol duty and the method of their selection, to direct that patrolling may extend to the whole or any portion of the town or village and generally to regulate and control all matters relating to patrol duty.

Delegation.--

Fine on defaulting persons Fine on defaulting persons.--

1. (1) The committee may impose a fine not exceeding five rupees on any person who has failed without sufficient cause to perform patrol duty personally or by substitute.
2. (2) All fines imposed under sub-section
3. (1) may, upon applications by the committee, be recovered by the Collector as arrears of land revenue.
4. (3) No appeal shall lie from an order passed under sub-section
5. (1) by a committee; but the Collector may, for reasons to be recorded, waive the recovery of the fine.
6. (4) All fines recovered under this section shall be expended in such manner as the committee may determine.

Decision of majority to prevail.--

Fine on defaulting village Fine on defaulting village.--

1. (1) If the District Magistrate is satisfied that any town or village in respect of which an order under sub-section
2. (1) of section 3 has been made is failing in the performance of patrol duty, the District Magistrate may impose a fine which may be recovered from such town or village, as the case may be: Provided that before imposing any fine under this section, the District Magistrate shall give ten days notice by publication or otherwise to the inhabitants of the town or village, as the case may be, and shall consider any objection that may be received by him.
3. (2) The District Magistrate shall, after such enquiry as he may deem necessary to make, apportion the fine among the inhabitants of that town or village, and the order shall be rendered conspicuous by proclamation or otherwise.

Appeal.--

Powers and privileges of patrols -1

1. (1) All persons on patrol duty under this Act shall exercise the same powers and enjoy the same protection as is exercised and enjoyed by a chowkidar under the Chowkidari Act, 1956.
2. (2) Every person shall be bound to render to a person on patrol duty the assistance which he is required to render to a chowkidar.
3. (3) Every person on patrol duty shall be deemed to be a public servant within the meaning of section 21 of the Ranbir Penal Code, Samvat 1989.