Chapter VII MISCELLANEOUS

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 signed by the officer issuing such notice and shall be published in the locality to be affected thereby, by affixing copies thereof in conspicuous public places or by proclaiming the same with beat of drum or by advertising the same in the Gazette or in any newspaper having circulation in the locality as such officer may deem fit.

Method of proving order and notification issued under the Act.-

1. (1) Any order or notification published or issued by the Government under any provision of this Act and the due publication and issue thereof may be provided by the production of a copy thereof in the Gazette.
2. (2) Any order or notification published or issued by a Magistrate or Police Officer, under any provision of this Act may be proved by the production of a copy thereof in the Gazette or of a copy thereof signed by such Magistrate or officer and certified by him to be a true copy.

Licences and written permission to specify conditions, etc., and to be signed.-

1. (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 officer issuing the same.
2. (2) Revocation of licences, etc.-Any licence or written permission granted under this Act may at any time be suspended or revoked by the officer issuing the same if any of its conditions or restrictions is infringed or evaded by the person to whom it has been granted, or if such person is convicted of any offence in any matter to which such licence or permission relates.
3. (3) Grantee to produce licence, etc., when required.-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.

Magistrate or Police Officer not liable for anything done in good faith .-No Magistrate or Police Officer shall be liable to any penalty or payment of damages on account of any act done or intended to be done in good faith in pursuance of any duty imposed or any authority conferred to him by any provision of this Act or of any other law for the time being in force conferring power on the Magistrate or Police Officer or of any rule, order or direction lawfully made or given there under.

1. (2) Person duly appointed or authorised not liable for anything done in good faith .-No person duly appointed or authorised shall be liable as aforesaid for giving effect in good faith to any such order or direction issued by the Government or by a person empowered in that behalf under this Act or any rule made under any provision thereof.
2. (3) Suit or prosecution not to be entertained if instituted more than six months after the date of the act complained of .-No court shall take cognizance of any suit or complaint, in respect of any offence or wrong alleged to be committed or done by a Magistrate, police officer or other person on account of any act done in pursuance of any duty imposed or authority conferred on him by this Act or any other law for the time being in force or of any rule, order or direction lawfully made or given thereunder unless the suit or complaint is filed within six months of the date on which the offence or wrong is alleged to have been committed or done. 94) Two month's notice before suit .-No suit as aforesaid shall be instituted against any Magistrate, police officer or other person until the expiration of two months next after notice in writing containing a sufficient description of the wrong complained of and the relief claimed has been given to him.
3. (5) Plaint to set forth service of notice and tender of amends.-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.
4. (6) Tender of amends made before suit .-Whenever it is proved to the satisfaction of the court, that, before the suit was instituted, tender of sufficient amends has been made to the plaintiff shall not get his costs nor any relief not included in such tender, and shall pay the cost of the defendant in the suit :

Plea that act was done under warrant Plea that act was done under warrant .-(1)When any action or prosecution is brought or any proceedings held against any police officer for any act done by him in such capacity, it is open to him to plead that such act was done by him under authority of a warrant issued by a Magistrate.

1. (2) Such plea may be proved by the production of the warrant directing the act, and purporting to be signed by such Magistrate; and the defendant shall threupon be entitled to a decree in his favour notwithstanding any defect of jurisdiction in such Magistrate. No proof of the signature of such Magistrate shall be necessary, unless the court think there is reason to doubt its genuineness.

Cognizance of offences Cognizance of offences.- Offences against this Act, when the accused person or any one of the accused persons is a police officer, shall not be cognizable by a Magistrate below the rank of a First Class Magistrate.

Police Officers to keep diary .-It shall be the duty of every officer in charge of a police station to keep a general diary in such form as shall, from time to time, be prescribed by the Government and to record therein all complaints and charges preferred, the names of the complaints, and the names of persons, if any, against whom complaints are made, the names of all persons arrested, the offences charged against them, the weapons or property that may have been taken from their possession or otherwise and the names of witnesses who may have been examined.

Government may prescribe form of returns Government may prescribe form of returns .-The Government may direct the submission of such returns by the Inspector General and other police officers as the Government may deem proper, and may prescribe the form in which such returns shall be made.

Power of Government to make rules .-(1) The Government may by notification in the Gazette, make rules consistent with this Act to-

1. (a) regulate the procedure to be followed by Magistrates and police officers in the discharge of any duty imposed upon them by or under the provisions of this Act ;
2. (b) regulate the recruitment and conditions of service of police officers other than the members of the Indian Police Service ;
3. (c) prescribe the procedure in accordance with which any licence or permission sought to be obtained or required under this Act should be applied for and fix the fees to be charged for any such licence or permission; and
4. (ca) prescribe the authority and the procedure for the grant of permit under section 18A, the terms and conditions of such permit and the fee to be levied for granting such permit;
5. (cb) prescribe the manner in which and the time within which an appeal under sub-section

1. (2) of section 18B may be filed and the procedure to be followed for the disposal of such appeal.)
   • (d) give effect to the provisions of this Act generally.
2. (2) All rules made under this section shall be laid before the Legislative Assembly for not less than fourteen days, as soon as possible after they are made and shall be subject to such modifications, whether by way of repeal or amendment as the Assembly may make during the session in which they are so laid or the session immediately following.

Repeal.-( 1) The Travancore-Cochin Police Act, 1951, and the Madras District Police Act, 1859, as applied to the Malabar District referred to in subsection

1. (2) of section 5 of the State Reorganisation Act, 1956 are hereby repealed and the provisions of the police Act 1861, and of the Madras City Police Act, 1888, which have been extended to the said Malabar District, shall cease to apply in that district.
2. (2) All references made in any enactment to the enactments mentioned in sub-section
3. (1) shall be read as if made to the corresponding provisions of this Act.
4. (3) All rules prescribed, appointments made, powers conferred and orders and certificates issued under the enactments referred to in sub-section
5. (1) shall so far as they are consistent with this Act be deemed to have been respectively prescribed, made, conferred and issued hereunder.