Chapter XI MISCELLANEOUS

Disposal of fees, rewards, etc. All fees paid for licences 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 shares thereof which are by law payable to Police Officers as informers, shall save in so far as 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.

(1) The Government may, after previous publication, by notification in the official Gazette make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (i) organisation and regulation of the Village Police such as (a) the relation of members of the Village Police Force to one another and to the regular Police, (b) the power or duties of Village Police Officers of different grades, (c) the manner of appointment of Police Patel and other Village Police Officers and the procedure to be followed in making such appointment; (ii) for the registration, surveillance, and control of gangs or classes or persons believed to be addicted to the systematic commission of crime and for the recording of finger impressions by the Police of any person who,— (a) is in custody for a non-bailable offence, or (b) has no settled abode and is suspected to (c) is a member of a gang or class of persons generally addicted to crime; (iii) (a) regulation of the number, classes and grades of the State Reserve Police force and its administration and inspection; (b) recruitment, organisation, classification, and discipline of the subordinate ranks of the State Reserve Police; and (c) description and quantity of arms, accoutrements, clothing and other necessaries to be furnished to the members of the Police. (d) disposal of property taken charge under section 75. (3) For every breach of any rule under clause (ii) of sub-section (2), the offender shall, on conviction, be punished with imprisonment not exceeding eight days or with fine not exceeding ten rupees. (4) All rules 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 successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule 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. (5) All rules made under this Act shall, subject to any modification made under sub-section (4), have effect as if enacted in this Act.

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.

Rules and orders not invalidated by defect in form or irregularity in procedure. 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.

Presumptions in prosecutions for contravention of directions issued under sections 54, 55, 56 or 63. Notwithstanding anything contained in any law for the time

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.

Forfeiture of bond entered into by person permitted to enter or return to the area from which he was directed to remove himself. If any person permitted under sub-section (1) of section 62 fails to observe any condition imposed under the said sub-section or in the bond entered into by him under sub-section (2) of the said section, his bond shall be forfeited and any person bound thereby shall pay the penalty thereof or show cause to the satisfaction of the court why such penalty should not be paid.

(1) No Magistrate or Police Officer shall be liable to any penalty or to payment of damage on account of any act done in good faith in pursuance or intended pursuance of any duty imposed on any authority conferred on him by any provision of this Act or of any other law for the time being in force or any rule, order or direction made or given therein. (2) No public servant or person duly authorised or appointed shall be liable to any penalty or to payment of any damages for giving effect in good faith to any such order or direction issued with apparent authority by the Government or by a person empowered in that behalf under this Act or any rule or order or direction made or given thereunder.

Suits or prosecutions in respect of acts done under colour of duty as aforesaid not to be entertained without sanction of Government. (1) In any case of alleged offence by the Commissioner, a Magistrate, Police Officer or Reserve Police Officer or other person, or of a wrong alleged to have been done by such Commissioner, Magistrate, Police Officer or Reserve Police Officer or other person, by any act done under colour or in excess of any such duty or authority as aforesaid, or wherein it shall appear to the court that the offence or wrong if committed or done was of the character aforesaid, the prosecution or suit shall not be entertained except with the previous sanction of the Government. (2) In the case of an intended suit on account of such a wrong as aforesaid, the person intending to sue shall be bound to give to the alleged wrongdoer one month’s notice at least of the intended suit with sufficient description of the wrong complained of, failing which such suit shall be dismissed. (3) The plaint shall set forth that a notice as aforesaid has been served on the defendant and the date of such service, and shall state whether any, and if so, what tender of amends has been made by the defendant. A copy of the said notice shall be annexed to the plaint endorsed or accompanied with a declaration by the plaintiff of the time and manner of service thereof.

Licences and permissions to specify conditions, etc., and to be signed. (1) Any licence or written permission granted under the provisions of this Act shall specify the period and locality for which, and the conditions and 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 therefor as is prescribed by any rule under this Act in that behalf. (2) Any licence 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 licence or permission relates. (3) When any such licence 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 licence or written permission, until the order for suspending or revoking the same is cancelled, or until the same is renewed, as the case may be. (4) Every person to whom any such licence 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 licence 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 licence or written permission has been granted.

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.

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 convey or set forth such consent, approval, declaration, opinion or satisfaction shall be sufficient evidence thereof.

Signature on notices, etc., may be stamped. Every licence, written permission, notice or other document, not being a summons or warrant or search warrant, required by this Act, or by any rule thereunder to bear the signature of the Commissioner, shall be deemed to be properly signed if it bears a facsimile of his signature stamped thereon.

Saving in respect of rescission of certain provisions. When,— (i) any rule or order is made under this Act for a limited period, or (ii) any rule or order made under this Act is rescinded, or (iii) any provision of sub-section (1) of section 92 is extended to any local area for a limited period, or (iv) the extension of any provision of sub-section (1) of section 92 to any local area is rescinded, the provisions of section 6 of the Karnataka General Clauses Act, 1899, shall be applicable as if the rule, order or provision in question were a permanent enactment and had been repealed immediately before its expiry or recession, as the case may be.

Saving of games of skill. For the removal of doubts it is hereby declared that the provisions of sections 79 and 80 shall not be applicable to the playing of any pure game of skill. In section 176 of the Principal Act, the words “and to wagering by persons taking part in such game of skill” shall be omitted.

(1) In the case of any rule or order made by the Government under an authority conferred by this Act and requiring the public or a particular class of persons to perform some duty or act, or to conduct or order themselves or those under their control in a manner therein described, it shall be competent to any person interested to apply to the Government, to annul, reverse or alter the rule or order aforesaid on the ground of its being unlawful, oppressive or unreasonable. (2) After such an application as aforesaid and the rejection thereof wholly or in part or after the lapse of six months without an answer to such application or a decision thereon published by the Government, it shall be competent to the person interested and deeming the rule or order contrary to law to institute a suit against the State for a declaration that the rule or order is unlawful either wholly or in part. The decision in such suit shall be subject to appeal; and a rule or order finally adjudged to be unlawful shall by the Government be annulled or reversed or so altered as to make it conformable to law.

The enactments mentioned in Schedule IV and any other laws or rules corresponding to any provision of this Act are hereby repealed: Provided that the provisions of section 6 of the Karnataka General Clauses Act, 1899, shall be applicable in respect of the repeal of the said enactments and laws and sections 8 and 24 of the said Act shall be applicable as if the said enactments and laws had been repealed and re-enacted by this Act.

Power to remove difficulties. If any difficulty arises in giving effect to the provisions of this Act in consequence of the transition to the said provisions from the provisions of the Acts in force immediately before the commencement of this Act, the Government may, by notification in the official Gazette, make such provisions as appear to it to be necessary or expedient for removing the difficulty.