section 353
Power of police to arrest offenders.
The Sikkim Municipalities Act, 2007(1) Any police officer may arrest any person who commits, in his view, any offence under this Act or the rules or the regulations made thereunder, provided such person declines to give, on demand, his name and address or gives a name or address which the police officer has reason to believe to be false. (2) No person so arrested shall be detained in custody after his correct name and address are ascertained or without the order of a Municipal Court for a period longer than twenty-four hours from the time of arrest, exclusive of the period necessary for the journey from the place of arrest to the court of such Municipal Court. (3) On an application, in writing, of the Chief Municipal Officer or any other officer authorized by him in this behalf, any police officer above the rank of a constable shall arrest any person who obstructs the Chief Municipal Officer or any other officer or other employee of the Municipality in the exercise of any power or performance of any function, or discharge of any duty, under this Act or the rules or the regulations made thereunder. (4) On an application, in writing, of the Chief Municipal Officer or any other officer, not below the rank of an officer authorized in this behalf by the Chief Municipal Officer under sub-section (3), any police officer above the rank of a constable shall arrest any person who, in violation of the order referred to in section 282, commences the erection of a building, or execution of any work, referred to in that sub-section or carries on such erection or such execution.
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