Chapter IV EXECUTIVE POWERS AND DUTIES OF POLlCE.

It shall be duty of every Police officer-(a) promptly to serve every summons and execute every warrant or other order lawfully issued to him by any competent authority and to endeavour by every lawful means to give effect to the lawful commands of his superior; (b) as far as possible to obtain intelligence concerning the commission of cognizable offences, or designs to commit such offences, and to bring such information to the notice of his superior officers; and to take such action consistent with law and with the orders of his superiors, as shall be calculated to punish the offenders under law or prevent the commission of cognizable, and within his view of non-cognizable offences; (c) to prevent as far as possible the commission of public nuisance; (d) to apprehend persons whom he is legally authorised to apprehend and for whose apprehension there is sufficient reason; (e) to aid other Police officers when called on by them or if necessary in the discharge of their duties in such manner as would be lawful and reasonable; (f) to discharge every duty imposed upon him by any law for the time being in force; (g) to render every possible assistance within his power to any disabled or helpless person in the street, and to take charge of persons who being intoxicated or lunatics are, in his opinion, dangerous or incapable of protecting themselves; (h) to take prompt measures to procure necessary help for any person under arrest, or in custody who is wounded or sick, and whilst conducting or guarding the said person, to have due regard to his condition; (i) to make proper arrangement for the sustenance and shelter of every person who is under arrest or in custody; (j) in the course of search to refrain from needless rudeness or annoyance; (k) in dealing with women and children to have full regard to decency and act with gentleness; (l) to make all efforts in connection with the following matters:- (1) prevention of damage or loss by fire, and (2) protection of the public against any accident or danger; (m) to regulate the public traffic in the street, to prevent obstructions therein, and as far as possible, to prevent the infraction of any rule or order made under this Act or under any other law for the time being in force for observance by the public in or near a street; (n) to keep order in the street, or at such places of worship, passage, landing places and places of Urus or Jatra or other public places where public throng and in the vicinity of places of worship during the time of worship; (o) to make suitable arrangements for the use of places of worship and bathing and washing places set apart for public and to prevent overcrowding thereat and to prevent the infraction of any rule or order lawfully made for observance at such places; (p) (1) to perform all duties imposed on him by the rules for the time being in force under sections 13 and 21 of this Act in the manner and subject to the conditions therein prescribed. (2) Every person shall be bound to conform to every reasonable direction of a Police officer given by him in the discharge of the aforesaid duties. (3) A Police officer may remove or detain any person who fails to conform to or refuses to comply with or assists the aforesaid directions.

Any Police officer may without an order from a Magistrate and without a warrant arrest any person,- (a) who has been concerned in any cognizable offence before him under sub-section (1) of section 41 of the Code of Criminal Procedure, 1973; (b) who is liable to be punished for an offence before him under sections 59, 61, 63,64, 65 and sub-sections (e), (g) and (i) of section 66 and sections 67, 69, 70, 71 and sub-section (a) of section 73, section 75 and clauses first and second of section 76 and section 77 or who contravenes the rules made under clauses (b) and (gg) of sub-section (1) and sub-sections (4) and (5) or fails to conform to the prohibitory directions given under clause (b) of sub-section (1) and clauses (a) and (b) of sub-section (2) of section 22 or sections 3, 4 and 5 of the Prevention of Cruelty to Animals Act No.I of 1313 Fasli; (c) who has been concerned in an offence punishable under section 60 of this Act or against whom a complaint has been made on reasonable grounds or about whom credible information has been received or reasonable suspicion exists for believing that he is so concerned.

When a notification, or order in writing or public notice has been issued under sub-section (2) (3) or (4) of section 22 of this Act, or an order has been made under section 23 or 24, any Magistrate or Police officer may require any person who contravenes or is about to contravene the same, to desist or to abstain from so doing and in case of refusal or disobedience, may arrest such person. Any such Magistrate or Police officer may also seize any object or article used or about to be used in contravention of the aforesaid notification, order or notice and the object or articles seized shall be proceeded with according to the order of the Chief City Magistrate.

If on any emergency the available Police force is not sufficient to disperse an unlawful assembly or to quell a riot or any disturbance likely to disturb public peace, the Commissioner of City Police, Hyderabad or Magistrate of the highest rank who is present at the time, may apply to the officer of highest rank of the Regular forces who may be on the spot for military aid for such purpose.

(1) When the Commissioner of City Police, Hyderabad or a Magistrate determines to disperse any unlawful assembly by military aid, he may require any commissioned or non-commissioned officer commanding a battalion of the Regular Forces, or the volunteer corps, to disperse such assembly by military force and to arrest and confine such persons taking part in the said assembly as the Commissioner of City Police, Hyderabad or the Magistrate may direct, or as it may be necessary to arrest and confine for the purpose of dispersing the assembly or to have them punished according to law. (2) Every such officer shall obey such requisition in such manner as he thinks fit, but in so doing shall use as little force, and do as little injury to the life and property of persons as may be possible and as may be consistent with dispersing the assembly and arresting and detaining the persons taking part in it.

When the public peace is manifestly endangered by any such assembly and when it is impracticable to take instructions from the Commissioner of City Police, Hyderabad or a Magistrate, any Commissioned officer may disperse such assembly by Military, and may arrest and confine any person or persons taking part in it in order to disperse the assembly or that they may be punished according to law; but if while he is acting under this section, it becomes practicable to inform the Commissioner of City Police, Hyderabad or a Magistrate, he shall do so and shall thence forward obey the instructions of the Commissioner of City Police, Hyderabad or Magistrate as to whether he shall or shall not continue such action.

No prosecution against any person for any act done while acting under sections 33, 34 and 35 of this Act, or under section 37 of the Code of Criminal Procedure, 1973 shall be instituted in any Criminal Court, except with the sanction of the Government; and (a) no Magistrate or Police officer acting in good faith, (b) no officer acting under section 35 in good faith, (c) no person doing any act in good faith on being required under section 34 of this Act or under section 37 of the Code of Criminal Procedure, 1973, (d) no inferior officer, soldier or volunteer doing any act in obedience to any order which he is bound to obey, shall be deemed to have thereby committed any offence. (2) The provision of section 204 of the Greater Hyderabad Municipal Corporation Act, 1955 shall apply to any such addition as if it were part of the general tax levied under the said Act.

(1) The Chief City Magistrate may, with the sanction and subject to the orders of the Government which may have been issued in this behalf, and after such enquiry as he thinks necessary,- (a) determine the amount of compensation which, in his opinion, becomes payable to any person or persons in respect of any loss or damage caused to any property by any act connected with the common object of the unlawful assembly or in respect of death or grievous hurt caused to any person or persons by such act; and (b) require the Municipal Commissioner to recover such amounts by an addition to the general tax which shall be imposed and levied in those municipal wards or sub-wards or sections. (2) On the recommendation of the Chief City Magistrate the Government may, by order, exempt any person or persons from the payment of a portion of such compensation. (3) No compensation shall be awarded under this section unless a claim therefor is made within one month from the date of the loss or damage or death or grievous hurt and unless the Chief City Magistrate is satisfied that the person claiming, or where such claim is in respect of the death of any person, that person also had been free from blame in connection with the occurrences which lead to the aforesaid loss, damage, death or grievous hurt. (4) No suit shall be instituted in any Civil Court in respect of any loss or damage for which compensation has been awarded under this section.

(1) The addition in the general tax imposed under the preceding section shall be recovered by the Municipal Commissioner from the persons liable therefor in the same manner as the general taxes are recovered.

(1) The Police shall take temporary charge of the following property:- (a) all unclaimed property found by or made over to them; and (b) all property found lying in any street, if the owner or person in charge of such property, on being directed, refuses or fails to remove the same from the street; (2) Every property of which the Police have taken charge under sub-section (1) shall be produced before the Commissioner of City Police, Hyderabad.

(1) The Commissioner of City Police, Hyderabad shall issue a proclamation with the particulars of the property, requiring, any person who may have a claim in respect of such property, to appear before the Commissioner of City Police, Hyderabad or any other officer whom he appoints for the purpose within six months from the date of the proclamation and submit his claim. (2) If such property or any part thereof is subject to speedy decay or consists of live-stock and animals or if the value of such property is less than five rupees it may be forthwith sold by auction under the orders of the Commissioner of City Police, Hyderabad and the proceeds of sale shall be dealt with in the same manner as is hereinafter provided for the disposal of the said property.

(1) If the Commissioner of City Police, Hyderabad is of opinion that the claimant of any seized property is entitled to the said property, he shall order the same to be delivered to him after deducting or payment of the expenses incurred in the seizure and detention thereof. (2) The Commissioner of City Police, Hyderabad may, at his discretion, before the issue of an order under sub-section (1) demand reasonable security from the person to whom the said property is to be delivered, and the foregoing provisions shall not affect the right of any person to recover the whole property or any part thereof, from the person to whom such property has been delivered pursuant to such order. (3) If no person establishes his right within the prescribed time, such property shall be at the disposal of the Government and the said property or part thereof which has not been sold under sub-section (2) of section 40 may be sold by auction under the orders of the Commissioner of City Police, Hyderabad.

(1) The Commissioner of City Police, Hyderabad shall from time to time appoint such places as he thinks fit to be cattle pounds, and a Police officer of such rank shall be appointed as pound-keeper as the Government may approve. (2) Every pound-keeper so appointed shall discharge his duties subject to the orders of the Commissioner of City Police, Hyderabad.

It shall, be the duty of every Police officer, and shall be lawful for any other person, to seize and impound in any Government pound any cattle found straying in any street or tresspassing upon any private or Government property within the Hyderabad City Police limits.

(1) If the owner of the impounded cattle or his agent appears and claims delivery of such cattle, the pound-keeper shall deliver the said cattle to him on payment of the pound fees and the actual expenses in respect of such cattle fixed under sub-section (4). (2) If, within ten days from the date of impounding any animal, no person who is the owner of such animal appears and pays the fees and expenses specified in sub-section (4), such cattle shall be forthwith sold by auction, and the surplus remaining after deducting the fees and expenses aforesaid from the proceeds of the sale, shall be paid to any person who, within fifteen days from the date of sale, appears before the officer appointed by the Commissioner of City Police, Hyderabad for this purpose and proves to his satisfaction that he is the owner of the said animal. In other cases such proceeds of sale shall be appropriated by the Government. (3) No Police officer or pound-keeper shall directly or indirectly purchase any cattle at a sale under sub-section (2). (4) (a) Fines in respect of the following cattle impounded in accordance with the foregoing provisions shall be levied at the rates shown against each of them namely:— (1) Elephant and its young: Fifteen rupees; (2) Camel and its young: Seven rupees, eight annas; (3) Horse and its young: Three rupees; (4) He-buffalo, she-buffalo and its young: Two rupees, eight annas; (5) Bullock, cow and the young of cow: Two rupees; (6) Pony, gelding or mule: Two rupees; (7) Ass, pig and their young: One rupee, eight annas; (8) Goat, sheep, ram and their young: One rupee; Provided that the Government may, when satisfied that in any particular area cattle are allowed to go at large by their owners with intent to cause damage to the crops, by notification in the Official Gazette direct that in such area the fine shall be levied at double the rate specified above. Government may also, at any time, by a like notification modify or cancel the said notification. (b) The pound fees and expenses chargeable shall be at such rates for each day including any part of a day as may be fixed by the Commissioner of City Police, Hyderabad.

(1) Any Police officer generally or specially deputed for the purpose by the Commissioner of City Police, Hyderabad may without warrant enter any shop or premises for the purpose of inspecting or searching for any weights or measures or instruments weighing and measuring used or kept in such shop or premises. (2) If he finds in such shop or premises weights, measures or instruments for weighing or measuring which he has sufficient reason to believe to be false, he may seize the same and shall forthwith give information of such seizure to the Magistrate having jurisdiction. If such weights or measures or instruments shall be proved before the Magistrate to be false, they shall be destroyed. (3) Weights and measures purporting to be of the same denomination and standard as weights and measures prescribed by the Government under the Hyderabad Weights and Measures Act XIV of 1356 Fasli if they do not really correspond with those weights and measures shall be deemed to be false weights and measures for the purposes of this section.

Every Police officer of rank superior to that of a Constable may perform any duty assigned by any law or by a lawful order to any officer subordinate to him and where any duty has been imposed on any subordinate, every superior officer, when it shall appear to him necessary, may aid such subordinate or supplement his duties or may issue any other order in supersession of his order or may prevent him in the performance of his duties whenever it shall appear to him necessary or expedient so to do for giving convenient effect to the law or for avoiding an infringement thereof.

(1) The Commissioner of City Police, Hyderabad by virtue of his office, and any Deputy Commissioner of Police specially empowered in this behalf by the Government, shall have all the powers of a District Magistrate under sections 91, 93 (1), 93 (2) and 94 of the Code of Criminal Procedure, 1973. (2) The powers specified above may be exercised for the purposes of any investigation or any other proceeding under this Act or the Code of Criminal Procedure, 1973.