Chapter V SPECIAL MEASURES FOR MAINTENANCE OF PUBLIC

(1) The Commissioner or the Superintendent may, on the application of any person, depute any additional number of Police to keep the peace, to preserve order or to enforce any of the provisions of this or any other Act in respect of any particular class or classes of offences or to perform any other Police duties at any place in the area under his charge. (2) Such additional Police shall be employed at the cost of the person making the application but shall be subject to the orders of the Police authorities and shall be employed for such period as the appointing authority thinks fit. (3) If the person upon whose application such additional police are employed shall at any time make a written requisition to the appointing authority to which the application for the employment of additional Police was made, for the withdrawal of the said Police, he shall be relieved from the cost thereof at the expiration of such period not exceeding one month from the date of the delivery of such requisition, as the Government or the appointing authority as the case may be, shall determine.

47. Employment of additional Police at large works and when apprehension regarding behaviour of employees exists. (1) Whenever it appears to the Government or a competent authority that,— (a) any large work which is being carried on or any public amusement which is being conducted is likely to impede the traffic or to attract a large number of people, or (b) that the behaviour or a reasonable apprehension of the behaviour of the persons employed on any railway, canal, or other public work, or in or upon any manufactory or other commercial concern under construction or in operation at any place necessitates the employment of additional Police at such place, the Government or the competent authority may depute such additional police to the said place as it shall think fit and keep the said Police employed at such place for so long as such necessity shall appear to it to continue. (2) Such additional Police shall be employed at the cost of the person by whom the work, amusement, manufactory or concern is being constructed, conducted or carried on and the said person shall pay the costs therefor at such rates and at such times as the Government or the competent authority, as the case may be, shall from time to time, require.

48. Recovery of cost of additional Police employed under sections 46 and 47. In case of any dispute under section 46 or 47, the decision of the District Magistrate 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 the District Magistrate be recovered by the

49. Employment of additional Police in cases of special danger to public peace. (1) If in the opinion of the Government any area is in a disturbed or dangerous condition or in which the conduct of the inhabitants or of any particular section of the inhabitants renders 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 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-sections. (2) The decision of the Government under clauses (a) and (b) of sub-section (1) shall be final. (3) On the issue of such notification, the Government may require,— (a) in any disturbance area which is within the jurisdiction of a municipal body, the municipal body, the Deputy Commissioner of the Revenue District or any other authority, (b) in any disturbance area which is outside the area specified in clause (a), the Deputy Commissioner of the Revenue District 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 Government may direct: Provided that where the municipal body is directed to recover such cost, an additional sum not exceeding three per cent of the amount of such cost shall also be recoverable. (4) (i) The Government may require the municipal body 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 divisions, sub-divisions or sections thereof, as the Government may direct. Every addition to the general or property tax imposed under this sub-section shall be recovered by the municipal body 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 divisions or sub-divisions or sections. (ii) The Government may also require the municipal body to recover such cost and the additional sum from each person liable therefor under sub-section (3) in such manner as the Government may direct. (iii) Where the municipal body makes default in imposing and levying any such tax or in making such recovery, the Government may direct the Deputy Commissioner of the Revenue District to impose and levy such tax or to make such recovery. (5) Every amount recoverable by the Deputy Commissioner of the Revenue District 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 Government by order to exempt any person from liability to bear any portion of the cost of such additional Police. (7) It shall be lawful for the Government to extend the period for the payment of the cost imposed under this section, for the term not exceeding five years beyond the period for which such additional Police are actually employed. (8) Out of the total amount recovered by the municipal body under sub-section (4) or (5) whether before or after the coming into force of this Act, the amount of the cost shall be paid to the 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 Government every three months. Explanation.—In this section, the expression “inhabitants” when used with reference to any area includes persons who themselves or by their agents or servants occupy or hold land or other immovable 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. Compensation for injury caused by unlawful assembly how recoverable. (1) When any loss or damage is caused to any property, or when death results or grievous hurt is caused to any person or persons, by anything done in the prosecution of the common object of an unlawful assembly, the Government may, by notification in the official Gazette, specify,— (a) the area (hereinafter called “the disturbance area”) in which in its opinion such unlawful assembly was held; and (b) the date on which or the period during which such unlawful assembly was held. (2) The decision of the Government under clauses (a) and (b) of sub-section (1) shall be final. (3) On the issue of a notification under sub-section (1), the District Magistrate may, after such inquiry as he deems necessary, determine the amount of the compensation which, in his opinion should be paid to any person or persons in respect of the loss or damage or death or grievous hurt aforesaid. The amount of compensation shall be a tax imposed under this section and shall be recovered in the manner prescribed in the succeeding sub-sections. (4) The District Magistrate may require,— (a) in any disturbance area, which is within the jurisdiction of a municipal body, the municipal body, the Deputy Commissioner of the Revenue District or any other authority; (b) in any disturbance area which is outside the area specified in clause (a), the Deputy Commissioner of the Revenue District or any other authority, to recover the amount (hereinafter called “the compensation amount”) as determined under sub-section (3) either in whole or in part, and where the municipal body is required to recover such amount, an additional sum not exceeding three per cent of the compensation amount (hereinafter referred to as “the municipal recovery cost”) generally from all persons who were inhabitants of the disturbance area or specially from any particular section or sections, or class or classes of such persons in the said area, and in such proportion as the District Magistrate may direct. (5) (i) The District Magistrate may require the municipal body concerned to recover the compensation amount and the municipal recovery cost by an addition to the general or property tax which shall be imposed and levied in the disturbance area. Every addition to the general or property tax imposed under this sub-section shall be recovered by the municipal body concerned 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 relevant municipal Act. Such addition shall be a charge along with the general or property tax on the properties in the area aforesaid. (ii) The District Magistrate may also require the municipal body concerned to recover the compensation amount and the municipal recovery cost from each person liable therefor under sub-section (4) in such manner as he may direct. (6) Where a municipal body makes a default in imposing and levying any such tax or in making any such recovery, the Government may direct the Deputy Commissioner of the Revenue District to impose and levy such tax or to make such recovery. (7) Every amount recoverable by the Deputy Commissioner of the Revenue District or other authority under this section, shall be recoverable as if it were an arrear of land revenue. (8) Out of the total amount recovered by the municipal body under sub-section (5) or (6), the proportionate amount of the municipal recovery cost shall be deducted from and the amount not exceeding the compensation amount determined by the District Magistrate under sub-section (3), shall be paid to him for the payment of compensation to the persons entitled thereto, and the balance, if any, shall be credited to the Municipal Fund constituted under the relevant municipal Act. Such amount shall be paid to the District Magistrate, every three months. (9) It shall be lawful for the District Magistrate, by order to exempt any person from liability to pay any portion of the compensation amount. (10) The Government may, (a) on its own motion, or (b) on an application made by a person within a period of thirty days from the date of the order of a District Magistrate, granting or refusing to grant an exemption thereunder, set aside or modify such order. Explanation.—In this section the expression “inhabitants” when used with reference to any disturbance area includes persons who themselves or by their agents or servants occupy or hold land or other immovable 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.

(1) It shall be lawful for the District Magistrate to award or apportion all or any moneys recovered as compensation under sub-sections (3) to (8) of section 50, 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 forty-five days from the date of the notification issued by the Government under sub-section (1) of section 50 and unless the District Magistrate is satisfied that the person (3) The compensation payable to any person under section 50 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, nor shall any claim be set off against the same. (4) Every direction and order made by the District Magistrate under this or the preceding section shall be subject to revision by the Government, but save as aforesaid shall be final. (5) No civil suit shall be maintainable against the Government or any officer of the Government in respect of any loss or injury for which compensation has been granted under this section.

The District Magistrate shall discharge his functions under sections 50 and 51 subject to any general or special orders of the Government in this behalf.

53. Proportionate recovery of the cost of additional Police and compensation for loss caused by unlawful assembly. (1) Notwithstanding anything contained in any law in force relating to house rent and accommodation control, where under the provisions of section 49 or 50, the municipal body or the Deputy Commissioner of the Revenue District, as the case may be, is required to recover the cost of the additional Police, including the additional sum referred to in sub-section (4) of section 49 (hereinafter called “the additional cost”) or the compensation amount and the municipal recovery cost (hereinafter called the “riot tax”) by an addition to the general or property tax, the landlord from whom any portion of the additional cost or the riot tax is recovered, in respect of any premises shall be entitled to recover seventy-five per cent of such portion from the tenant in the occupation of the premises during the period fixed under sub-section (1) of section 49 or on the date or during the greater part of the period specified under clause (b) of sub-section (1) of section 50, as the case may be, in the manner specified in sub-section (2). (2) The amount referred to in sub-section (1) and to be recovered from a tenant referred to therein shall bear the same proportion as the rent payable by him in respect of the premises in his occupation bears to the total amount of rent recoverable for the whole premises if let, and the same shall be recoverable in not less than four equal instalments.

54. Dispersal of gangs and bodies of persons. Whenever it shall appear in the City of Bangalore and other areas for which a Commissioner is appointed under section 7 to the Commissioner, and in a district to the District Magistrate, the Magistrate or the Superintendent specially empowered by the Government in this behalf, that the movement by encampment of any gang or body of persons in the area in his charge is causing or is calculated to cause danger or alarm or reasonable suspicion that unlawful designs are entertained by such gang or body or by members thereof, such officer may, by notification, addressed to the persons appearing to be the leaders or chief men of such gang or body and published by beat of drum or otherwise as such officer thinks fit, direct the members of such gang or body so to conduct themselves as shall seem necessary in order to prevent violence and alarm or to disperse and each of them 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 thereto within such time as such officer shall specify, and not to enter the area or the areas and such contiguous districts, or part thereof, as the case may be, or return to the place from which each of them was directed to remove himself.

55. Removal of persons about to commit offences. Whenever it shall appear in the City of Bangalore and other areas for which a Commissioner has been appointed under section 7 to the Commissioner, and in other area or areas to which the Government may, by notification in the official Gazette, extend the provision of this section, to the District Magistrate, or the Sub-Divisional Magistrate having jurisdiction and specially empowered by the Government in that behalf,— (a) that the movements or acts of any person are causing or calculated to cause alarm, danger or harm to person or property, or (b) that there are reasonable grounds for believing that such person 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 of 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 regards the safety of their person or property, or (c) that an outbreak of epidemic disease is 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 beat of drum or otherwise as he thinks fit, direct such person or immigrant so to conduct himself as shall seem necessary in order to prevent violence and alarm 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 thereto by such route and within such time as the said officer may specify and not to enter, or return to the said place from which he was directed to remove himself.

56. Removal of persons convicted of certain offences. If a person has been convicted at any time either before or after the commencement of this Act,— (a) of an offence under Chapter XII, XVI or XVII of the Indian Penal Code (Central Act 45 of 1860); or (b) of an offence under section 6 of 13 of the Mysore Mines Act, 1906 (Mysore Act 4 of 1906); or (c) of an offence under section 86 of the Karnataka Forest Act, 1963 (Karnataka Act 5 of 1964); or (d) twice of an offence under section 19 of the Mysore Prohibition of Beggary Act, 1944 (Mysore Act 33 of 1944) or any other corresponding law in force in any area of the State; or (e) twice of an offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956 (Central Act 104 of 1956); or (f) twice of an offence under the Untouchability (Offences) Act, 1955 (Central Act 22 of 1955); or (g) thrice of an offence within a period of three years under section 78, 79 or 80 of this Act; or (h) thrice of an offence within a period of three years under sections 32, 34, 37 or 38A of the Karnataka Excise Act 1965, (Karnataka Act 21 of 1966), the Commissioner, the District Magistrate, or any Sub-divisional Magistrate specially empowered by the Government in this behalf, if he has reason to believe that such person is likely again to engage himself in the commission 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 or such area or any district or districts or any part thereof contiguous thereto, by such route and within such time as the said officer may specify and not to enter or return to the place from which he was directed to remove himself. Explanation.—For the purpose of this section “an offence similar to that for which a person was convicted” shall mean,— (i) in the case of a person convicted of an offence mentioned in clause (a), an offence falling under any of the Chapters of the Indian Penal Code mentioned in that clause; and (ii) in the case of person convicted of an offence mentioned in clauses (e) and (f), an offence falling under the provisions of the Acts mentioned respectively in the said clauses.

57. Period of operation of orders under sections 54, 55 or 56. A direction made under section 54, 55 or 56 not to enter any particular area or such area and any district or districts or any part thereof, contiguous thereto 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.

(1) Before an order under section 54, 55 or 56 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 writing 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 of 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 a legal practitioner for the purposes of tendering his explanation and examining the witnesses 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 54, 55 or 56 require such person to appear before him and to furnish a security bond with or without sureties for such attendance during the inquiry. If the person fails to furnish 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 thereupon such order as was proposed to be passed against him may be passed.

Any person aggrieved by an order made under section 54, 55 or 56 may appeal to the Government within thirty days from the date of such order.

60. Finality of orders. Any order passed under section 54, 55 or 56 or by the Government under section 59 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 (1) of section 58 or that there was no material before the authority concerned upon which it 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 55.

61. Procedure on failure of person to leave the area and his entry therein after removal. If a person to whom a direction has been issued under section 54, 55 or 56 to remove himself from an area,— (i) fails to remove himself as directed; (ii) having so removed himself, except with the permission in writing of the authority making the order 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 direct.

(1) The Government may, by order, permit any person in respect of whom an order has been made under section 54, 55 or 56 to enter or return for a temporary period to the area or such area and any district or districts or any part thereof, contiguous thereto from which he was directed to remove himself subject to such conditions as it may by general or special order specify and which such person accepts, and may, at any time, revoke any such permission. (2) In permitting a person under sub-section (1) to enter or return to the area or such area and any district or districts or any part thereof, contiguous thereto from which he was directed to remove himself, the Government may require him to enter into a bond with or without surety for the observance of the conditions imposed. (3) Any person permitted under sub-section (1) to enter or return to the area or such area and any district or districts or any part thereof contiguous thereto, from which he was directed to remove himself, shall surrender himself at the time and place and to the authority specified in the order or in the order revoking the said order, as the case may be.

(1) The Government or any officer specially empowered by the Government in that behalf, may, in like circumstances and in like manner, exercise the powers exercisable, in the City of Bangalore by the Commissioner and in a district by the District Magistrate, Sub-divisional Magistrate or Superintendent of Police specially empowered by the Government in that behalf, as the case may be, under section 54, 55 or 56 with this modification that it shall be lawful for the Government or the officer specially empowered to direct the members of such gang or body or persons or immigrants or persons convicted, as the case may be, to remove themselves from and not to enter or return to, any local area, or any such area and any districts or part thereof, whether contiguous thereto or not. (2) The provisions of sections 57, 58, 59, 60, 61 and 62 shall mutatis mutandis apply to the exercise of any powers under this section, as they apply to the exercise of any powers under section 54, 55 or 56.

64. Control of camps, parades, etc., and banning use of uniform, etc. (1) If the Government is satisfied that it is necessary in the interest of the maintenance of public order so to do, it may by general or special order prohibit or restrict throughout the State of Karnataka or any part thereof all meetings and assemblies of persons for the purpose of training or drilling themselves or being trained or drilled to the use of arms, or for the purpose of practising military exercises, movements or evolutions, or for the purpose aforesaid of attending or holding or taking any part in any camp, parade or procession. (2) If the Government is satisfied that the wearing in public by any member of the body or association or organisation to be specified in the order to be issued hereunder of any dress or article of apparel resembling any uniform or part of uniform required to be worn by a member of the Armed Forces of the Union or by a member of the Police Force or of any force constituted under any law for the time being in force, would be likely to prejudice the security of the State or the maintenance of public order, the Government may, by general or special order, prohibit or restrict the wearing, or display in public, of any such dress or article of apparel by any member of such body or association or organisation. (3) Every general or special order under sub-sections (1) and (2) shall be published in the manner prescribed for the publication of a public notice under section 172. Explanation.—For the purposes of sub-section (2), a dress or an article of apparel shall be deemed to be worn or displayed in public, if it is worn or displayed in any place to which the public have access.