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The Calcutta Suburban Police Act, 1866

Act 2 of 1866

Keyword(s): Better Regulation of Police, Police for Suburbs

0 Bengal Act II of 1866

(THF, CALCUITA SUBURBAN POLICE ACT, 1866.) CONTENTS.

: Preamble. J .

- Section. 1. Suburbs may be excludcd from genenl policc-districl. 2. Policc for suburbs. 3. Police to be undcr control of Commissioner of Police, Calcuua.

3A. Powcr of Slale Govcmment to Frame rulcs. 3B. Appoinmenl dismissal and punishment of subordinate ranks of the Policc-force.

: 3C. Validity of appointmenl, dismissal and punishment of subordinate ranks in ccnain cases. 4. Suspension or dismissal or other punishment or subordinate ranks of police forcc by

Commissioner. 4A. Dulies of Policc-officers.

5. Commissioner may fine for lesser breaches of discipline. 6. (Repealed}. 7. Police nor io resign without notice. 8. On enrolment, Police-oficer to reccive certificate.

8A. Members of subordinale ranks ol rhe police-force prohibiled from olher employment. 8B. Offences by Police-ofliccrs. 8C. Vcxauous entry, scarch, seizure, arresl, dclention, erc., by Police-officers. 8D. False statemenr ID obtain ernploymcnl or release.

9. Penalty for dismissed members nor delivering up clothing, etc. 10, 1 1. (Repealed).

12. Appoinbnent of special cons~ables. 13. Porvcr of special conslablcs. 14. Penalry lor special consrable ncglcc~ng or refusing ro serve, etc.

1 CA. Spccial Police-officers and Traff~c Wardens. 15. Appointmenr of addj tional Police-officers on application of private persons.

1 SA. Coastiruljon of divisions and sections. 15B. Wrongfully enrering or remaining in or on building, land. vehicle, elc.

16. Apprehension and punishmen1 of reputed hieves, etc. 1 7. (Repealed].

1 ?A. (Repealed). I 17B. (Repealed}-

17C. Powcr lo order discontinuance of music in certain cases. 17D. Power to prohibit, rcslricl, regulale or impose conditions on the use of microphones, elc.

18. Penalty for kceping hotel, etc., without license. 19. Excise license noL to be granted wirhout cerlificale of Commissioner of Police. 20. Duradon and conditions of license. 21. Penalty ror kceping up sign-board or nouce after expiry of license. 22. Commissioner may grant license Tor pIaces for which no licenses are required under h e

Bengal Excise Act, 1909. 23. Penalty for breach of condition of licensc. 24. Fecs for cerliticates, licenses and passes.

25 to 32. (Repealed). 33. Pawn-brokers and money-changers lo repod slolen property undcr penalty for ncgiect.

33A. Possession of or dealing wih hing stolen or fraudulenlly oblaincd. 34. Manufacture or possession of gunpowder. 35. (Repealed). 36. Licenses for conveying and removing gunpowder. 37. Cornnlissioner may issue warranr l o search for explosive substance. 38. Acl no1 to appIy to explosive subslanccs belonging to thc Government.

The Calcir/(a Strbiirbat~ Police Acr. 1866.

[Ben. Act 11 of 1866.1 I

! Seclion.

38A. Power of Commissioner to prohibit Ihc use or the driving of cenain lypes of vehicles in i succts or public places. I

J: 39. Power o i Commissioncr to make rules for reguladon of 1nf5c. etc. 39A. Powcr of Cornrnissioncr and other officers to givc dircclions lo h e public. 398. Enforcemen[ of ordcs issucd under the la1 foregoing seclion. 39C. Power 10 give direclions to ptevenl disorder at places of public amusement, eic.

39CC. Prohibition of sale at a higher price of tickers once issued for admission lo an entcrlainmcnl. 39D. Powcr cornmi missioner lo cause repons to be taken of [he Proceedings of public metrings.

40. Pcnalty for committing in public sueels offcnccs of- ( 1 ) driving, ctc., elephant or camel; (2) driving vchiclc without suficienl light; (3) driving olhenvjsc than on Ich side of road; (4) exposing for show horscs, clcaning or repairing conveyances, or tnining horses in

places not allowed by Commissioncr; (4a) exposing or keeping articlcs so as to cause obsuuclion: (5) to (9) [Repealed);

(10) lighling fucs and discharging guns, fireworks, ctc.; ( I I ) driving cart with insuficiendy greased wheels; ( 1 2) (Repealed); (13) -xing bills or olhcnvisc defacing houses, elc.; (14) balhing, erc., in public succt or aqueduct; (15) obsmcbng persons ar bathing places; ( 1 6 ) (Repealed); ( 17) beggars; ( I 8 ) exposing pcrson, ctc.

40A. (Repealed). 4 1. Pcnally for drunkenness, or riolous or indcccnt bchaviour, in public.

4 1 A. (Repealed). 42. Suay dogs.

42A. Resuicuons as to bringing, keeping or possessing dangerous arumals. 43. Power lo arrest wilhoul warranr.

43A. (Repealed). 44. Arrest of person cornmilring offence with respecl to person or property of anolher. 45. Persons taken inlo cuslody by Police-officer without warrant may be detained in policc- '

stat ion until brough~ before Magisualc or bailed. 46. Pawcr to take recognizance a1 policc-stalion. 47. Conditian of recognizance.

47A. Powcr oTCommissioner of Police to require alrendance and obtain sla[erncnts of wi tnesses. 47B. Powcr to starch fotpcrsons wrongfully confined. 47C. Proccdurc in making searches.

48. Rccovcry and approprialion of fines. hnprisonmcnl in lieu of hne.

48A. Policc to take charge OF unclaimed movable properly. 48B. Disposal of such properly.

49. {Repealed). 49A. Public norice how to be given. 49B. Consent, elc., of Commissioner OF Police or Police-officer how to be proved. 49C. Stamping of signature.

50. Powers of Deputy Comrnissioncr. 51. Interpretation. 52. (Repealed).

Fonn of ccrtihcate. Schedulc of fees.

Bengal Act II of 1866 (THE CALCUTTA SUBURBAN POLICE ACT, 1866.')

R E P ~ L E D IN PART AND

AMENDED

An Act ro provide for tile better reg~rlarion o/ t11e police witltir~ rlie srrbrrrbs of [he rolvrr of Calciirta.

SHORT m~r: GIW . . Act I of 1903.

I Act I of 1903. Acl XXXVIII OF 1920. Ben. Act 11 of 1867. Berr. Act I of 1869. Ben. Act I of 1874.

REFEUID r~ PART . . Ben. Act I of 1890. Bcn. Act VI of 1905. Ben. Act 1V of 1913. Ben. Act XZLI or 1923. Bcn. Act VI of 1933. Bcn. Act VII of 1943.

WHEREAS it is expcdienr to exclude h e suburbs of the town of Calcutta P ~ P ~ ~ I C , from the gqncral police-distric~ of Bcngal, and 10 makc provision lor the

. .

beuer regulalion of the police within rhc limits so excluded;

Ben. Acr II of 1886. .

Ben. Acl I1 of 1895. Ben. Act V of 1915. Bcn. Act VII of 1919. Bcn. Act I of 1929. Bcn. Act I of 1939. Ben. Act XTV of 1939. Ben.ActIof1943. West Ben. Acr XXXV of 1948, Wesl Bcn. Act X U of 1952. Wesr Bcn. Act XXIV of 1955. West Ben. Act XX ~f 1957. West Bcn. Act XV or 1962. Wesl Bcn. Act XXVIl or 1969. West Ben. Acl XXXII of 1974. Wesl Ben. Act XLZIl or 1978.

- West Ben. Act XLVIlI or 1978.

' s H o R T T ~ I I E - T ~ _ ~ s s ~ o ~ tidcwas given by @ Ameniing An. 1903 ( I or 19031, Sch. 1. . . - . -. - . . .

Ben. ACL LII of 1907. Bcn. Act I of 1910. - - r

, I (a) The Government of India

(Adaptarion of Indian Laws) Order, 1937.

. . (b). The India (Adaptation of Existing Indian Laws) Ordcr, 1947.

(c) The. Adaptation of Laws Order, 1950.

[2 1 sf March, 1866.1

Suburbs m y kcxcludcd lm~n g e n c d plicc- disrrict.

Policc for suburbs.

P D I ~ c ~ [D k: under von~ml 0TCommis- sionct of Potia, m c u l r ~

The Calcsrra Svbwrbatl Police Acr. 1866.

[Ben. Act 1l

11 is cnactcd as follows:-

1. I1 shall be lawful for the [[State govern men^] of2West Bengal] to exclude the suburbs of the town of Calcutta, or any portion thcrcof, liom the general policc-district of he3[States] subject to"ik] control; and thc limits of the tract of counlry so cxcluded shalI be defined in a nolifjcalion lo be published in the qO'cial Gazerre], and he opcralion of this Act shall bc conlincd to such limits':

Provided that it shall be lawful for the saidl[Stale Governmenl] horn me lo lime lo aIter such limils by such bolificadon as aforesaid.

2. For the suburbs of the town of Calcutta so defined as aroresaid there shall be a police-force, which shall consisl of such number ofaficers '* *, and shall be otherwise constituted in such manncr, as shall be from ~imc [o lime ordcrcd by Ihc '[State Government] of ? W e s ~ Bengal].

3. The police-force of h e suburbs of he town of Calculla shall be under the exclusive direction and control of the Commissioner of Policc for the town of Calcutta, who may irom time to [imc, subjcc~ ro [he S~control] of Ihe said '[Sta!c Govcrnmcnt], framc such orders and rcguludons as hc shall deem expedienl reladve to h e general Government o r [he force, the places of residence, the classificadon, rank, dislribuuon and panicular service of the several members thereof, their inspection, and [he description of arms, accoutrements and olhcr necessaries lo be furnished to them, and all such olhcr ordcrs and regulauons relative lo the said policc-forcc as thc said Comrnissioncr shalI from lime to lime dccm expedienl for preventing neglec~ or abuse, and for rendering such force efficient in rhe discharge of all iu dutics.

'The wads "Provincid Govemrnen~" were first subs~itu~cd for thc words "Licutcnmr- Govcmor" by p w p h 4( 1) of rhc Government of India (Adnphtion of Indian Lnws) Ordcr. 1937. rhcmf1c.r thc word "S~alc" was subsurured Tor h e word 'Provincial" by pmgnph 4(1) 01hc Adoprarion o f h w s Order, 1950.

:Substituted for the word "Ecngd" by p ~ h 4 ( 2 ) o i r h c lndia(Adapralion ofExisliog I n d i m Laws) Ordcr, 1911.

lSubsti[u~cd luf h c word "Pmvinccs" by p ~ n g m p h 4( I ) olrhe Adnptnlion o i h w s Order. 1950.

'Subsrirutcd for h e ward "his" by p31ilgmph 5(2) OF h e Govcmmcn1 or India (Adaptmion of 1ndianhws)Order. 1937.

'The words wen: subsli~uted for h e words "Culcurfo Cazefre" by pmgr;lph4(1).ilrid.

4For norifinlion under section I defining Ihc limiLq of ~ h c suburbs oICdcut~, see the Cdcrrrrfl Gflzefte of rhc 12th Seprcmbcr. 1940. Pm I, pngc 2443.

'Thc words "and mcn" wcn: repdcd by s. 34 o f lhe Cnlcutra and Suburban Policc (Amendment) Act. 191O(Bcn. Act 1noT 19 10).

'Subsiirutd for the word "approbarion" by s. 2 of rhe Calcur~a and Suburban Police , t I ....-. 3 + -. ,n~n,n-- ~ - . % V I I - r hnqn*

The Calcrttta S~~brrrborr Police Acr, 1866.

'3A. ( 1 ) Subjeci lo Lhc provisions of h i s Act, the State Govcmmen~ Poweror Siae Govcm- '. may makc rules relating co recruirmenr, condilions of servicc, disciplinary ,, fm,

proceedings and punishmenls, in respecl of members of the subordinate rula.

n n k s of Lhc Policc-force.

(2) Any rules, orders or regulalions madc before the commcncemcnr WarBen. of ~ h c Calcu!ra and Suburban Policc (Amcndmen~) Acl, 1962 by any ACrXvof aulhority in nspecl of rhe aforesaid rnauers shalt, in so far as h c y arc

, 1962. not in consist en^ with ihe provisions of this Act, bc deemcd to have been

validly made and shall con~inuc in force un~i l othcr provisions arc rnadc in this behalf.

I3D. (1) Subjcc~ to such rulcs as the Stare Govcrnrnent may make in this behalr, h e Commissioner of Police shall have the power lo appoin~ all members of the subordinale ranks of h e Police-forcc:

Provided ttal h e Commissioner of PoIice may, wilh thc approval of thc State Govemmcn~, delcgare such power of appointment in respect of all subordinate ranks of the Police-force cxcepr Inspec~ors, '{LO any Addilional, Joint, Depu~y, Addiuonal Dcpuly or Assistanr Commissioner

h. Act IV of Policc] appoinled under section 5 of h e Calcuua PoIicc Act, 1866. 01 1866.

(2) Subject to Ihc provisions of sccrions 4 and 5, he appointing authority or an officer not lower in nnk than thc appointing authority, shall be cornpetem l o inflict all punishmenls on he members or ihe subordinate ranks of thc Policc-force in disciplinary cases.

'3C. Notwilhsranding anyihing contained ekewhere i n [his Aci or any decision of any court to h e comary, all appoin!menls made by the, Commissioner of Police or any o h r authority subordinalc to him, all orders of dismissal or r c m ~ v a l from office passcd by any such appoin~ing aulhorily or ohcr avthoricy not subordinale lo such appointing authority and all orders inflicting any orhcr punishment passed by any aulhority. before the commencement of Lhe Calcurra and Suburban Policc (Amendment) Act. 1962, in respcct of mcrnbers of he subordinatc ranks of the Policc-forcc shall be deemed 10 bc and lo have always been valid1 y passcd as if the said Act were in farce when such appoinlmerrls were madc or such orders were passed.

'Sccrions 3A. 3 8 and 3C wcrc insencd by s. 3(a) o l the Cdculln wd Suburban Police (Anirnd~nenl) AcC 1962 (West Bcn. Act XV ol19621, and deemed dwoys lo h ~ v e k n i ~ c d .

A p p i n m n t disnusd and punish~ncnr ofsubordi- nare mlis 01 !hc Police- r ~ r ~ e .

Validiry 01 appoint men^ dismissal md punishmcn~ d ~ u b r d i ~ l c nnkr in c e m n m .

-'lhc words wilhinhsquur: b n c k c ~ ~ ~ : s u t ~ C r u t c d f o r k wads 'comofhisdcpulifs" by s. 8 ofcheCdcuna Policeand IIW CnlcumSuburbvl Poliu(Anlendmcnr) ACL 1969(Wa;l Bin. ACI xxvn of I 969).

Suspension ord~s~nissd gl other punishmcn~ orsub- ordinalc m h or wlicc force by Coni~nis- rionrr.

The Calctdtla Strbtr rbatt Police Act. 1866.

pen. Act 11

'4. =(I) The Commissioner of Policc may, ar any rime, suspend or dismiss '[or inflicr any olhcr punishment on] any member of ~ h c subordinate ranks of rhe police force whom he shall think remiss or negligent in the discharge of his duty ar olhcrwise unfit for [he same.

"(2) A Police-oficer shall no1 by reason of being suspended from oFficc cease ro be a Police-oCficer, During the term of such suspension Lhc powef, privileges and duries conferred or imposed upon him as a Police-officer shall bc in abeyance, but he shaH continue subjcct l o thc samc responsibilirics, discipline and penalties, and lo the same aurhoriries. as if he had no1 been suspended,

54A. ( 1 ) It shall be the duty of evcry Police-oFficcr- (a) pmmp~ly 10 sewc cvcry summons and obey and execute

every warrant or other order lawfully issued to him by compclent authority, and to endeavour by all lawful means to give eIfcct 10 rhe lawful commands of his superinrs;

(b) to ~ h c best of his ability, lo obtain intelligence concerning ~ h c commission of cognizable offences, or dcsigns to

comrni~ such orfcnces, and ro lay such informalion and ro lakc such other steps. consistent with law and with the orders oi his superiors, as nrc best calculated to bring offenders to justice or lo prcvent the commission of cognizable offences, or rhc conunission of non-cognizable offenccs, within his view;

Ic) to the bcst of his ability, ro prcvenr the commission of public nuisances;

(dl to apprehend all persons whom he is Icgally authorised 10

apprchend, and for whose apprehension there is sufficient mason;

(el to old any other Policc-officer, when called on by him or i n case of need in the discharge of his duty, in such ways as would be lawful and rcosonabte on the p a of Ihc officcr aidcd;

(f j lo discharge such dulies as are imposed upon him by any law for the time bcing in force;

' ~ e d i o n d w s c,ournbercd zusub~rrion[I)uldrdr s c ~ l i o n b ~ 5.3( 1) oflhc G c u n a m d Suburbm Police (Ammdmcnt) Act. 1919 (Ben. Act VII 011919).

?This sub-section ( I ) w u subsriluted Iorthe lorn~er sub-scciion (I) by pmgmph 3 and Schrdulc IV ofthe Govcrnmenr of India(Adapl3lionaF Indian b w s ) Ordcr. 1937.

'Inxncd by s. 3Lb) olfhc Cd:ulta and S u h u h Police (Arncndmn~) Act, 1962 (Wcsi Ben.Ac1 XV of 1962) and dcclned nlways rohavebeen inscncd,

'Sub-sccrion (2) v x added by s. 312) 01 h e Calculm and Suburban Police (Awndmcni) Act, 1919 (Ben. Act VII 01 1919).

FSection 4A w s insencd by s. 5 of rhc Cd~lrIraand Suburban Pol ice(A~~ndn~cnrl Acr. 1910 (Belt. ACI 111 of 191U).

Tire Calcutta Svbtrrbutr Police Acr, 1866.

(g) lo afford cvcry assislance within his power to disabled or helpless persons in the sueets, and lo take charge of inroxicalcd persons and of lunatics at large who appear to bc dangerous or to be incapable of laking c m of fiemseIves;

(h) to take prornpl measures to procure necessw hclp for any person under arrest or in custody who is woundcd Dr sick and, while guarding or conducting any such person to have duc rcgard LO his condilion;

(i) to arrange for h e proper sustenance and shelter of evcry person who is under arrest or in custody;

(j) in conducting searches, to refrain from needless rudcness and [he causing of unnecessary annoyance;

(k) in dealing w i h women and children, to act with strict rcgard to decency and with reasonable gentleness;

(1) to use his besi endeavours- (i) lo prevent any loss or damage by fire, and

(ii) lo avert any accident or danger lo Ihc public;

(m) to regulate and control h e lrafic in the streets, to prevent obstrucrion [herein, and to rhe b e s ~ of his ability LO prevenL the infraction of any rule or order made under h i s Act or under any other law for thc lime being in force for obscrvnncc by Ihe public in or near h e sweets;

(n) lo keep ordcr in ~ h c succts, and at and within public bathing, washing and landing places, fairs and all other places of public resort, and in the neighbourhood of places of public worship during thc limc of public worship;

(0) to rcgulalc rcsorl lo public bahing, washing and landing places, to prevenl overcrowding thereal and in public ferry- boars, and, to h e besr of his abili~y, to prevenL thc infraction of any nrlc or ordcr IawCully madc for obscrvancc by the public at any such place or my such boa[; and

Ip) lo pcrforrn all dulics imposcd on him by rules for rhc umc being in force under lhis Act, in [he manner and subject ro the condiuons [herein prescribed.

(2) All pcrsons shall be bound to conform lo the reasonable direcdons of a Police-oEficer given in fulfilrncn~ of any or the said duties.

(3) A Policc-officcr may restrain or remove any person resisting, or refusing to conform to, any such direction as aforesaid.

Coniniis- jpner may linc iorlcsscr brcllchcsof discipline.

On enrol- mcnr, Policr o[Iivr to rcCelVC cr m fimc.

Mrmbcr OF subordinnlc ranksol the plice- form pmhibi~ed from orhcr crnploymn~.

The Ca/c~rria Sfrburbutr Police Act, 1866.

men. Act I1

5. For any lesser brcnch of discipline or othcr misconduct not requiring the suspension or dismissal of the offender, a mcmbcr '[of the subordinalc ranks ofthe police-forcc] may be fined by h e Commissioner any sum not cxceeding one-half of his monthly pay.

6. [Addftiu~~al penalties for lieglect of dirty, ere.]-Rep. by s. 34 of the CaIcrrrra arid S~rburban Poiice (Atrrendntenf) Aci, 1910 {Ben. Act III of 1910).

7. No member [[of the subordinale ranks of the police-lorce] to be enrolled undcr this Act shall be at liberty to resign his office, or r withdraw himself from thc duties thereor, unlcss expressly allowed so ro do in wr ihg by h c Commisdoner, or unlcss he shall have given to thc Commissioner six monlhs' notice of his inrcndon if a member of the mounled branch OF ~ h c said force, and two monlhs' nouce if a member or any other branch;

and cvcry member of thc said force who shall so resign or withdraw himself wilhoul such leave or nolice shal I be liable, on the order of the Commissioner, to forfeit all arrears of pay then due to him, and, on the scnunce of a Magisuatc, to pay n fine not cxceeding fifty rupecs, or to undcrgo imprisonment of cilher descrip~ion lor any term not exceeding two monlhs.

8. ~vei-y rnembcr of hc police-force shall reccive on his enrolment a certificate in the form hcrcunlo annexed, undcr the signature of h e Commissioner of Police, by virtue of which hc shall be vested wilh the powcrs, Functions and privileges of a Police-oficer.

Such certi6cate shall ccase to have effect whenever the person narncd in it is suspended or dismissed, or orherwise removcd from employmenl in the force.

%A. 3[A rnembcr ofrhe subordinare ranks of the policc-Force] shal I not, without the permission of the Comrnissioncr of Police, eihcr as principal or agent,-

(a) engage in any wade, or (b) be in any way concerned i n thc purchase or salc of any

imrnovablc,property within the [awn or suburbs of Calcut~a or of any intcrcst therein, or

(c) hold any afice or practise any profession or engage in any crnployment whalevcr orher rhan his officc or duties as such Police-officer.

7bcw words wen: subsiiiured ror the words "of~hepoli'ce-lorcen by p x L 3 and Schodule IY olrhcGavcmment oflndia(Ad~iafionof IndimLws) Order. 1937. .

'Scclion %A was inxned by s. 7 of h e Calcurtaand Suburbm Policc ( h n d m e n ~ ) Acr. 1910 (Bcn. Act Ill of 1910). ,- .

Thcsc words \VCR substi~u~cd for thc original words by p a n . 3 m d ~chcdulc IV o l k Govcrn~nenl of India (Adapruion oflodim Laws) Order, 1937.

Tlrr Calcirlta Srrbrrrhatr Police Act, 1866.

I8B. Any Police-officer whc- (a) contravenes any provision of [he lasl foregoing section, or (b) i s guil~y of cowardice, or (c) is guilcy of any wilful breach or neglect of any provision of

law or of any rulc or order which it is his duly as such Police. officer to observe or obey, or

(d) is guiIty of any violation of dury for which no punishmcnk is expressly provided by any olher law for the time being in forcc,

shall be liable 10 imprisonment, wilh or wilhout hard labour, for a ten11

which may exlend lo thrcc monrhs, or ro hnc which may extend LO one hundred rupees and which may be dedklcd from any salary due lo him, or ID bolh.

'8C. Any Police-oFficcr wh+ (a) without lawful authorily or reasonable causc, enters or

starches, or causcs 10 be cntered or searched, any building. vesscl, lent or place, or

(b) vexa~iously and unnecessarily seizes the property of any person, or

(c) vexatiously and unnecessarily deliins, searches or arrests any person, or

(d) vexauously and unnecessarily delays forwarding my person amsled to a Magistmre or to any other authority lo whom hc is Icgdly bound to forward such person, or

(e) oifers any unnecessary personal violence to any person in his custody, or

(0 holds oul 10 an accused person any hrea~ or promise not warranled by law,

shall be liable to imprisonmcnl, with or without hard labour, for a term which may extend 10 six monihs, or ID finc which may e x ~ c d to fivc hundred rupees, or to bolh.

?8D. Any person who knowingly makes a false starcment or uses a falsc documem, for the purpose of ob~aining for himself or any other person emplopent or release horn empIoyment as a PoIiceoKicer, shall be liablc ro imprisonment, with or wilhou~ hard labour, for a [crm which may extend to ~hree nionths. or to-fine which may cxtend to one hundred rupees, or to both.

'Seclioru 8B md gC\rere i d by S. 7 o T k Wcutm and Suburlnn Polia: (Amcndmn~) ACI, 1910 (Ben, Acr 111 or 1910).

lScaion 8D insericd by s. fl of h c Calcu~~a and Suburbm Police (Amndmcn~) Acr, 1910 (Bcn. Acl 111 or 1910).

Penally for spaid congablr ncgldng or arusin~ 10 MWC, elc.

Specid plice- oRilss and Tnflic \Vxdens.

i71e Calcrr~to S~rbrrrba~~ Police Acr. 1866..

[Ben. Act U

9. Every member of the police-forcc.who shall k dismissed from or shall cease to hold and cxercise his oFficc, and who shall not foatiwith deliver up his certificate, and all the clothing, accoutrements and appoinlmzn~s and orhcr necessaries which may have becn supplied to him for h e execution of his duty, to h e Commissioner or to such person and at such ume and place as shall be dircctcd by Ihc said Comrnissioncr, shall bc liable, on convicdon beforc a Magistrate, to imprisonment of either dcscriplion for any rcrm no1 exceeding one month.

And il shall bc lawful for the Commissioner, or for any Magistrate, to issue his wanant to semh for and seize all he clothing, accoutrements, appointmcnrs and othcr necessaries which shall not be delivered over, whercver h e same may be found.

10. [Srrperu~r~~r~oriori Ftind.1-Rep, by the Calcrirrn o11d S~rbrrrbart Police (Si~perorrnriation F~rrrd) Act, 1905 (Ben. Act Vf of 1905).

11. [Disposal of proceeds of certrrit~ files, erc.1-Rep. by s. 3 oJ rile Calcrrna and S~ib~rrbatl Police (Strpernni~rcario~~ Frrrld) Act, 1890 (Ben. Acr I of 1890).

12. Thc Commissioner ofPolice may, of his own authority, appoinl '[special consrablcs) lo assis1 on any temporary emergency.

13. €ve& ?[special consrablc] so appointed shall have the sarnc powers, privileges and prolcction, and shall bc liable to perform h e same dutics, and shall be amenable to the same penallies, and be subordinale lo [he sarnc aulhoritics, as h e ordinary officers of police.

14. If any person, being appointed a =[special constable] as aioresaid, shall, withoul suficient cxcuse, neglect or refuse lo serve as such, or 10 obey such lawful order or direction as may be given to him for the performance of his durics, he' shall be Iiable, upon conviction beforc a Magiwate, to a fine no1 exceeding fifty rupccs for evcry such ncgtect refusal or disobedience.

94A. (1) Subject to the conrrol of rhc State Governmeni, the Comrnissioncr of Police m a y raise a force of spccial police-officers and a force of Traffic Wardens for he suburbs of the town ofCalcutta and

'Subs~itu~cd for Ihc words "spcciat Policesllicrs" by s. 3(n) oilh Wcunamd Suburbm Paliw (Amendnlcn~) Acl, 1955 (l'csr Bcn. Acr XXIVoT 1955).

-Substiluted lor~hcwords "spcdal Policc-oficer" by s, 3(b),ilrid. %mly, wclion 14A wasin~ned by s.4orrhcCdcut1ayld Suburban Folice(Amcndrrrent)

Act, 1355 (Wcst Ben. Act XXIV of 1955). %n, Ihal muon w u subsl~ruted by s. 3 of h c Calcurm P o l i c e d Suburb Pnliw (Amendnwit) Act. 1974 (Wesr Bm. A d XX Xn of 1974). Thcrcar~er, sub-sedan (1)was subniluicd lorprcvioussub-scction (1) bys. 3of ihcCalcuua and Suburban Police (Amndrnent) Act, 1978 (Wcst Ben. Act XLlIIof 1970). Prior lo these subsritutions rhcrc were mo changes in h c inxded original seclion, n m t y : -

(i) in the proviso to sub-section (1). for thc words "to any Dcpury Commissioner of Police". thc words "10 any Addi~ional. Joint, Deputy. Additional Drputy or Assktm~ Commissioncr of Poice" wcm subsliturcd by s. 9(a) of ihc Calcutra Police and Ihc Calcurta Suburban Police (hcndrneni) Act. I969 (Wcs~ Ben.Acl XXVll of 19691, and

(ii) in sub-scc~ion ( S ) , Tor the words "the Depu~y Comrnissioncr or Police". thc words " ~ h c Additional, Joinr. Dzpuiy, Additional Depuly or Assisrant CornmissioncroFPolice" wtrcsubsti~utcd by s. 9(b).ibi4

The CaIcrrrta Srrbrlrhalt Police Act, 18666.

may also disband such a force without assigning any reason or scrving any notice and withoul payment of any compensalion or damages whalsoever to any member of the force.

(2) Thc slrcngth of the forces of speciaI policc officcr~ and Traffic Wardens shall bc such as may be delemined from lime lo time by rhc State govern men^.

(3) The Commissioncr of Police shall be [he appoinung authority in respect of the special police officers and Trdfic Wardens:

Provided t h a ~ the Commissioner of Policc may, in respect of special policc officcrs and Traffic Wardens, belonging to such class or holding such rank as may be spccificd by him, delegate his power of appointmcnl lo any Additional, Joint, Deputy, Additional D e p u ~ y or Assistan1 Cqmmissioner of Police aulhorised by him in this bchalf.

(4) Thc Commissioner of Police may, with hc prcvious approval of [he Smle Government, frame scparate reguladons for h e special policc officers and the Traffic Wardens rclating to the follolving rnalters, name1 y :-

(a) thc mcthod of recruilrnent and the Corm oi ccrtificatc oF appointment,

(b) classificatian and rank, (c) uniform. equipmcnl and badges, -

(J) mining, including auendance ar drills and parades, (e) allocation of dulics and hours of duty, (f) promotion, discipline and punishment, and

'

(g) all olhcr lerms and condirions of heir scrvice. ( 5 ) A special policc officcr or a Traffic Warden appoinlcd under

[his section shall, excepl in so rx as it is not inconsistent wilh the other sub-sections of this section and any regulations framed under sub-section (4 ) , have ~ h c same powers, privileges and prorcction and thc same duties and shall bc liablc lo \he same penalties as ordinmy officers of policc.

(6) A spccial police oficer or a Trdfic Warden appointed under [his secrion shall be a parl-time oficer who shall noL bc cntilled to any rcmunenrion for his scrviccs i such special police officcr or Traffic Wardcn and whose appointmcnl shall he liable to tennjnauon by thc appoinung authority any lime afier giving him onc monlh's notice but without payrncnl of any compensation or damages wharsoever.

15. Thc '[Stale Government] may also, if '[it] shall think fit, on Appoinmnl the application of any person, showing [he necessity of it, appoin~ any fi+diuond

additional nurnbcr of ~dlice-ofificers to keep h e pcacc a[ any within %Zion [he limirs of the operalion of this Act, at the charge of [he person applying, appti-mtim

ofpnrrart: 'Thcwords "RPvinvid Govcmmenl* wcrciirs~ subsliluled lor thr: words "Commissioncr F,,,

or Policc" by DUX 3 and Schcdulc W o r t k Governmen1 o lhd in [Adamlion oilndim Laws) Order, I 93j.ihcrcafrrr iht: ward "Slnic" was subsli~utcd for &word "Provincial" by 4(1) ofthr Adap~~t ion oTL3ws Ordcr. 1950.

This word war subs~itutcd lor thc word "k" by pmgnph S ( 1 ) of thc Govcm~neni or India (Adapl~~ ion of Indim L3w) Order 1937.

The Calctina Sriblrrbatr Police Act, 1866.

16. A Police-officer may arrcsl without a warrant- Apprehcmion '

any person found. b W c n run re^ and sunrise, armcd with ;ti5hmnl any dangerous or offensive insmment whnrsoever, wirh intent orrcpuicd to commit any offence againsl the person or property of fhicves.eic. anohcr;

any reputed rhieC found, belwecn sunset snd sunrise, on board any vesscl or boat, or lying or loilering in any bazar, street, * *' yard, rhoroughfare or other place, who shall no1 given satisfactory account of himsell;

any person found, betwccn sunsei and sunrisc, having his fact covered oro~henvisc disguised, with inrcnr ro commit any such offences as aroresaid;

any person found, bctween sunset and sunrise, in any dwelling-housc or other building whalsoever, wihout bcing able sarisiaclorily LO account Tor his presence therein; and

any pcrson having in his possession. without Iawrul excuse (the proof of which excuse shall bc on such person), any implement o f house-breaking;

and such pcrson shall be'liable to imprisonmenr, with or without hard labour, for a lerm not exceeding h e r : monrhs.

=17. [power ro orrlerdisconritrrrm~ce of rrse of hotrse, mon~ or place as bmtlre(. disorderly Iro~tse or place of assignori011 iirr certailr cares.]- Rep, by s. I I of rile Calcarto Srippressiml of lmmoral Truflc Acr, 1923 (Belt- Act XIII of 1923).

'17A. [Perloliy for breuclr of orde~l-Rep. by s. d1 of the Calcur~u Slrppres~io~r oj ln~nlorol Trafic Act, 1923 (Bar. Ac! XIII of 1923)-

I17B. [Power of owner of lessor fo deienlline lease or tet~ancy.]-- Rep, by s. I I oJ rlie Calcutta St~ppressio~r of Tirrr~~roral Trafic Act, 1923 (Bell. Act XI11 of 1923).

'17C. ( I ) The Commissioner OF Police may, upon complaint made power 1, to him in writing by any person, by written orderdirect Ihcdiscontinuance order in any place of music or singing, the bearing of drums or tomloms, and disconnnU. thc blowing or sounding at horns or oher noisy inrtrumcna if he is ys$n salisfied [hat the same is a nuisance and ought ro be summarily slopped = d ~ - , either on accounl of ~ h c dangerous illness of, or because if seriously interferes wi& the rcasonable occupation of, any person residcnr or lawfully engaged in h e neighbourhood:

Provided lhar i n any case wherc h e disconunuance of music, or other sounds as aforesaid, is so ordcrcd, i t shall be lawhi for a Magismte, upon [he complaint of any pcrson aggrieved and iC satisfied [hat the ordcr complained of is unreasonabIe undcr tie circumsrances, to al~er or rcverse such order as he dccms fit, and h e Commissioner of Police shall give efFccl to any such alteration or reversal:

'The word "road." was rcpcaled by s. 34 or the Calcutrn Suburbnn Policc (Amendment) ACI, 1910 (Ben. A a 111 oC 19 10).

:(Sec/ions 17. 17A and I7B~ir1ce rtpealed) and xclion 17C wcrc subairured ior rhc oigind seaion 17 by s. 2 drhe Czlcurra and Suburbm Police (Amrncndmcnl) Act. 1907 . . 3. . . r ,fin-,,

Powcr to prohibit, ~slriCL wgulat~: or imposr wndiuom on Ihr tw olmicm- phona.rtc.

The Calcrrrta Sitbrrrbarr Police Act, 1866.

[Ben. Act XI

Provided also t h a ~ nolhing in this section shall apply ro music or other sounds as afmaid in any place of public worship, or on Ihc occasion of any religious obsenrancc or ceremony.

(2) Any person who contravenes an order of h e Commissioner of Police passed under sub-sechi (1) shall bc punished with a fine which may extend to one hundred rupees.

lI7D. (1) (a) If, in the opinion of h e commissioner of Police, it is ncccssary so to do Tor the purpose of prcvcnting annoyance to, or injury to the healrh of, h c public or any section thcrcof, or For rhc purpose of mainlaining public peace and vanquillily, he may, by order prohibit, reslrict, rcgulate or impose conditions on. h e use or operarion in any area wj thin the suburbs of the town of Calculra o r in any vehiclc within such area, of microphones, Ioudspeakcrs, o r othcr apparatus far arnpli Fying human voice or ampliljring music or other sounds.

(b) The State Govemmcnt may, on irs own mouon or on the rcprcsentation of any person or persons aggrieved, modify, aI!cr or cancel any such order.

(2) A Police-officcr, not below the n n k of a Sub-Inspector or a serge an^, may take such steps or use such force as may be reasonably necessary for securing compliance wilh any order madc under clause (a) of sub-section (1) or any such order as modificd or altered by h e Stale Govcrnrnent undcr clause (b) of that sub-secdon and may seizc any microphone, loudspeaker or other apparatus used or opcrated in contravention of rhc order.

(3) A Police-officer reicrred to abovc, who seizes any microphone, loudspeaker or other apparalus under sub-scc~ion (21, may aIso at h e sarnc time seize any vehicle in which such microphone, loudspcaker or olher appararus is being carried or conveyed or is bcing kept a l [hat time:

Provided that any oficer of ~ h c police-srauon within h e limits of which the vehicle is sci7Rd no1 bclow the rank of a Sub-Inspector may releasc such vehiclc on a bond for such sum, no1 exceeding five hundred rupees, as he deems reasonable, being cxecuted by ~c owner of thc vehicle in favour of the Sratc Governmcnt lo produce Ihc vehicle at Ihe Lime of the investigation or h e trial, and to surrender the vehicle, if direcrcd to be forfeited under sub-scccion (4).

(4) Any person who contravencs any order of the Commissioner of Police madc under clause (a) of sub-section (1) or who convavenes any such ordcr as modjficd or altered by the Srate Government under clause (b) of t h a ~ sub-scction, shalI bc punished w i ~ h a fine which may extcnd to one hundred rupees and the courl hying an offence undcr this seclion may also direct rhe forfeilurc of any microphone, loudspeaker or othcr apparatus scized under sub+section (2) or any vehicle seized under sub-scction (3) or released under [he proviso to ha^ sub-seccion.

'Scclion 170wus M c d by s. 3of rhcCdcunamd S u b u h Policc(Amendmen~) Acr. 1g57 (Wesl Ben. Act XX of 1957).

Tile Calcrr fra Subvrbon %lice Act, 1866,

#. (5) Thc provisions or his scction shall bc in addition to and not in

derogadon of h c powcrs conferrcd by any othcr section of this Act.

18. Whoever has or keeps any holel, tavern, punch-house, alc- Penalty for

house, arrock or toddy shop, or place for [he sale or consurnprion of ~ ~ $ ~ ~ c ~ , garGu. clratrdrr or olher preparation of opium, hemp or orher intoxicaling wilhout

drug, pIant or substance, liccm.

'[or has or keeps any lodging-house wherher provisions, Iiquors or refreshments are sold or consumed therein or nor,

or has or keeps any coffcc-housc, boarding-house, eating-house, other place of pub1 ic rcsort and cntertainmcn~ whercin provisions. liquors or refreshments are sold or consumcd (whclhcr the sarnc bc kcpr or relaincd thcrcin OF procured elsewhere),]

without a license 10 be obtained in the manner hereinafter mentioned,

?[shall be liablc, on summary conviction bcforc a Magistrate, to imprisonmenr, w i ~ h or wilhou~ hard labour, for a term nol exceeding six months or lo a fine no1 e x c d i n g one lhousand rupees or to bolh and for a. second or subsequent offence also to Forfeiture of all movable properlies round in or on such hotel, iavern, house, shop or place:]

Provided t h a ~ norhing in this ACL shall apply to h e sale, in reasonabIc quantities, of any drug, plant or substance in any chemisi's or druggisl's shop For medicinal purposes only.

Ben. act^ 19. No license shall be granled under the provisions of 3[the o f 1909. Bengal Excise Acl, 19091, unless the person applying for such license

shall produce a cer~ficale from the Commissioner of Police, slaring lhar - a license may be granted lo him for h e sale of spiriluous liquors or inloxicaling drugs, as the case may be, wilhoul'risk or derrimenr lo ~ h c prcscrvation of peace and good order and containing a full slat ern en^ of such conditions as may havc been imposed and shall have remained in force, undcr [he provisions hcreinairer conlained, at h e date when such licensc shall bc granted.

'Thcsc two pmgraphr, within squnrc brackets wcre substiluted for rhc original pmgnph 2 by s. 3 ofhe Calcultaand Suburban Police (Amendment) Act, 1943 (Ben. Act 1 of 1943).

:Subsrituted for thc words "shall bc liable to a finc nor cxcccding filry rupccs Tor cvery day !ha! the snid house or plnce of enteaninment is kept open. or the sale of provisions. liquors or relrcshmcnts is continued, without [he necessary liccnsc:" by s. 3(c) o l the Calcur~n Suburbnn Police (Amendment) Act. 1962 (West Ben. Act XV of 1962).

.%me words and figures within s q u m bnckers wem substituted for the words, figures and bmckers "Act XXI of 1856 (ro cortsolidn~e and amend rlrc Iaiv relarir~g to the Abkari.rcvcnue itr rbc Prcsidc~rcy of Forr 1Villiart1 i n Betrgal)" by '5 . 2 ond thc Fmr Schdulc or thc B c n p l k w n g and Amcnding ACL 1938 (Bcn. Act I of 1939).

h c i s e licenx: not robe mtd without ccnificnre of Commis- sionwol Polilz.

Dur~lion md condition o f liccw.

Rndty Tor kaping up sign-hxd orno~icc afur empiry of liccnw.

Co& sionernuy gnu1 liccnse for placcs for which no Iiccnses arc required undcrthc Bcngd Eicisc: Acr. 1409.

[Ben. Act TI

No license so granted shall bc renewable wi~hout a fresh ccrtificale as aforesaid previously oblained rrom the Commissioner of Police.

'[Thc Commissioner of Policc shall, in granting or rcfusing certificaics under [his scctian, be subjcct lo the direclion and control of the 'Slate Govcrnmenr]

211. It shall be competent to h e Commissioner of Police, subjecl to the dircclion and control of the said '[S~ate Governmenfl, lo limit in such ccrlilicale as aforesaid, the period for which rhe license may be grantcd, and also to fix such conditions as he may dccm necessary for securing the good behaviour of the kecpers OF the houses and places of entenainmenl as aforesaid, and for [he prcvcndon of drunkenness and disorder among the persons frequenting thc same, and From lime to time ro vary such condi~ions, subjea to such direcion and c o n ~ o l as doresaid; and no liccnse granted under 'Ithe Bengal Excise Act, 1909,] Ben. Acr v shall be valid unless it shall conlain such conditions as shall have bccn 1909,

imposcd and shall remain in force for h e time being under his sec~ion.

21. Whcncver any licensc granled as aforesaid shall havc ceased to have effect, i t shall be lawful for the Commissioner of Police Lo order he person ro whom such licensc shall have been granted to removc or cause to bc removed any sign-board or othcr notice which such person might have been rhcrctofore bound, under [he [ems of his said licensc. to kccp arfixed on or near the housc or place of pubIic resort or en~enainmcnr for which such license had been granted; and any person who shall fail to obey any such order forlhwith shall be Ijablc, on conviction, to a fine of ten rupees lor every day thcrcallcr during which he shall so fail.

22. 5(1) The Commissioner of Police may, a1 his discretion, from time lo rimc, grant licenscs to [he keepers of such houses or places of public resort and entenainment as aforesaid for which no such license as is specified in '[the Bengal Excise Act, 1909,] is required, upon such conditions, lo be inserted in every such license as hc, wiih the sanction

'Thzsewords wi~hin s q w bnckcrs, in wclion 19 weresubsururcd roc k words *Subjeci to h c ordermd conunl ofhe said Lieurenull-Covcmor" by s. I I of drc C ~ C M U md S u b u h Police (Arncndmcnl) ACS 1910(Bcn. Act 111 of bJ10).

-The word "St~c'wassubsliluled f o r k word"Rovincid" by pam4(1) ofthe Adqmlion of Lnws Ordcr, 1950.

'The words 'Provincial Govemmenr" wcrc firs[ substilulcd Tor thc words "Lieurcnmi- Governor' by pn. 4(I) of hcGovcrnmen~ of lndia (Adaptation of hdinn h w s ) Ordcr. 1937. Thcrufrer IIE word "Sralc" was substiluted for h e word "Provincial' by pan. 4(1) of rhc Adaplmion of Laws Ordcr. 1950. '6 words and figups wirhin sqm b c k e l s wuesubs~ituted Tor Lhr xw& md fiw

"LhC~dAaXXIoi1856" b y s . : ! m d ~ F m ~ u l e o F r h c B c n d R c ~ n a ~ d A m e n d h p . - . - Act. 1938 (Bcn, Aci l of 1939).

- ¶Section 22 WJS renumbered os subset-don ( I) ofthat a d ~ n and dlfrkr such rrnurnbcring

a proviso was a d d d l o that subsecrion by s. Iqa) ollhc CslCulla Policc and Ihe Calculla Suburban Police (Amcndmenl) Acr, 1969 (WmlBen. ACI XXVlI of 1969). T h e d e r sub- scnion (2) was added to (ha1 seclion by s. 10(b).ibid.

TI! e Calcttrrt~ Srrbbrrrban Police Act, 1866.

of the said '[S mrc Govcmrnenu, from rime to lime shall order, for securing J.

the good behaviour of h e keepers of the said houses or places of public reson or entcrrainment, and [he prevenrion of drunkenness and disorder among the persons irequcndng or using the same; and the said licenses may be granted by h c said commissioner for any term no1 exceeding one year: ..

'Provided [hat ~ h c said Commissioner may, by order, refuse lo grant any licence under this sub-scclion, if, forreasons 10 be recorded in writing, he is of the opinion thal-

(i) Ihc chmcter or anlecedents of h e applicant for such 1 icencc or ihc nature of the trade or calling pursued by him, makc him unsuitable for grant of such liccncc; or

(ii) the location OF the house or place of public resort and enlcr- ~ainment in respect of which such licence' is rcquired is unsuitable for he grant OF such licence on ~hc ground of congcslion of uafic. wan1 of adequare space for parking vehicles or difficulty in maintaining public pcacc, ordcr or safc~y or on any other similar grounds. .

72) Any person nggriwed by an order refusing LO grant a licence undcr the proviso to sub-sec~ion (1) may, within M y days from the dale of such order, prcfcr an appcal against such order to h e Stale Governmcnr and the State Governmen[ may, aher giving the appellanr an opponunity of being heard. confirm, modify or sct aside such order.

23. Any pcrson commitling a brcach of any of the condilions of a license granted e ihe r under section 19 or section 22 of [his Act shall, on conviction before a Magistrate, be punishable by a fine not exceeding one hundred rupees, and such fine shall bc rccovcred from the person licensed, notwithstanding that such breach may have been owing lo the defaull or carelessness of [he scrvant or orher person in charge of the shop or placc of salc.

Any pcrson so convictcd shall also be liable lo rhe forfeiture of his license, ar h e discrelion of the Commissioner of Police, subject to the direction and c o n ~ o l of h e said [[State Governmenl].

'24. For every certificate. liccnsc or pass granted by the Commissioner of Police under this Act here shall be Ievjed a fee at the ra[c spccificd in thc Schedulc of fees annexed lo h i s Act.

Pcndty for breach of condition of liceme.

F€x5 for arti6ulcs. lirnnsesand P==

lSce Cool-nore 3 on page 48. unfc. 'Set roo[-oorc 5 on pagc 48. unte. 'Subsii~urcd For thc original scction by s. 3(a) of ihc Cdcutta and Subulbm Police

(Amendment) ACI. 1952 (\Val Ben. Act XIX of 1952).

k w n - brokcrs and mncy- c h g c r s lo rrwn slolen progeny under pcndly' rorncglecr.

P m s i o n ulor dcal- ing wilh rhing slolrn or tnudu- lcntly oblained.

The Calcrrfra Srrburbar~ Police Acr, 1866.

p e n . Act I1 ,

25-30. [Perialry for o~vrrbg or keeping, or havitig cfrarge of cortrrrrorr ga~lli~lg-hortse, etc.; pe~talv for be~~rgforrt~dplayi~~g it1 corsrtrotl gatllirrg-llowse; parver fo arrrltorise errfry ofcorrtrrtori gorrrirrg-lroirse for search atrd seizure; evider~ce oJ kozise b e i q C O I ) I I ~ I O I I garlri~lg-!~ou~e; or1 cot~viciiort forkeepitlg cotrrrrrotr gort~i~lg-house. i~~srnirtret~rs ofgarrri~rg ro be desrroyed, efc. ; proof of playirtg lor stokes rrtrtlecessaiy; ~vitrresses itrdetrur+ed.]-Rep. by s. 17 of [lie Betrgol Public Ganlblit~g Act, 1867 (Be~r. Acr 11 of 1867).

31. [Po~iorl offtre rrray be paid io ittontre~]-Rep. by s. 3 atid rlte Third Scl~ed~dle of the Repeal i~~g and Anleridirrg Acr. 1903 ( 1 of 1903), rlolv brolvrr as [he Atrtetzdillg Act, 1903-wide-Acr X of 1914, Sclr. 11.

32. ~Ga~llblirlg it1 rlre streets.]-Rep. by s. 17 of the Bargal Prrblic Gartrblitrg Acr, 1867 (Bes. Act II of 1867).

33. If any propcrly answering ihc descriplion set forth in any informalion which shall be given by any Police-officer to any pawn- broker or dealer in sccond-hand properly, or money-changcr, regarding properly stolcn or fraudulendy ob~ained. shall lhcn bc, or thereafler comc into the posscssion of, or be offcred in pawn or for sale or change lo, such pawn-broker, dealer or money-changer, hc shall, withoul unnccessary delay, givc informadon lo that cffecl a1 the nearcst '[police- station,] and shall also statc the name and address given by the party by whom che same was offcred, or From whom [he same was reccivcd:

Provided always that, in h c case of wearing apparel or other arliclcs which i t may be difficult for such pawn-broker or dealer to trace oul and iden~ify, no fine shall be exigiblc in respect of not rcporcing such articles, unless it shall appear 10 [he Magistrate that such articlcs had been knowingly concealcd by such pawn-broker or gcnler.

?33A. (1) Whoever has in his posscssion, or conveys in any manner, or offers for saIc or pawn, anything which here is rcason to believe to have been slolen or lraudulcntly obtained shall. iF he fails lo account for such posscssian or act lo the salisiaction of h e Magistrate, bc liable to fine which may exlend to one hindred rupees, or lo imprisonment, with or wiihoul hard labour, for a lcrm which may extend to t h e e rnonrhs.

(2) If any person charged undersub-seclion (I) in respect ofanylhing declares that he received such thing from some other person, or thar hc was cmpioyed as a carricc agenl or servant lo convey such Lhing lor somc other person,

'Thc word "police-starion," w x subs~iiuted for the word "police.omce" by s. 12 of hc Calcrn~a and Suburban Police(Amendmcnd Act, !910 (Ren. Acr nIoi 1910).

'Suc~inn 33A was inscncd by s, 13.ibid.

The Calclrrru S~rbirrbar~ Police Act. 1866.

J . the Magisuatc, after such furlher inquiry (if any) a=- he may deem ncccssary, may summon such olher pcrson, and any former or pretcnded purchaser or other person chrough whose possession such lhing is dlegcd to have pnsscd, lo appem beforc him. and may cxamine such pcrson and any wj~nesses who are produccd lo teslify ro such receipt, employmen1 or possession;

and, if it appcars ro the Magishale, thar any such person had possession of such hing and had reasonable cause lo bclieve thar i t was stolen or fraudulen~ly obraincd, the Magiswale may punish him with finc which may exlcnd lo one hundrcd rupees or with imprisonment, with or wihout hard labour, for a term which may extend ro hrce m o n k .

34. Whoever shall manufacturc gunpowder or, withou~ a Iicense from Ihe Con~missioner OF Police, shall have in his possession, in any house, shop, warehouse or o~her building, aL any one lime, a grcater quanticy of gunpowder Lhan ten pounds shall be IiabIe to a fine not exceeding ftvc hundred rupces, and also lo forfeil such gunpowder so manufactured or possessed, logether with h c vessel or recepracle in which i t may bc contained.

35. (Licenses by Commissiotrer for sale a11d deposit ofgrmpo~vder; crc.1-Rep. by s. 34 ojflre Culcrrtra und Srtblrrbatr Police (Ar~etrdnletrl) Act, 1190 (Berl. Act 111 of 1910).

36. The Commissioner of Police may gram to any person a license lor h e transit and carrying of gunpowder From one place to another, in such manner and in such quandry as he may dccm advisable; and any person, no[ being duly liccnsed in rhal bchalf, who shall carry or convey a greatcr quanu~y of gunpowder than onc pound from one place to anolher, shall be liable to a fine not exceeding fifty rupees.

37. The Commissioner of Police, on qcdible informadon laid before him on oatll, '[and reduced to writing,] may issue his warrant au thorising a Police-officerZ[nol bclow h e rank of Sub-Inspcc~or] 10 search '* * any house, shop, magazinc or other building or place in which he shall have reasonable ground 10 suspect that any J[explosive substanca] is manufactured. s d d or kept, or any boat, carriage, cart or other vehicle in which any '[explosive subslance] may be suspccled LO be carried, or any person suspected of carrying Ihc same, contmy to the provisions of t h i s Act 'lor any other law or any rule made thcreunder]; and all

~ a n u f ~ - tun: or w o n of gun- powder. I

I !

L i ~ m I

rorcunwzy- ing and rcmoving gunpwdcr.

Commir sioncrmy muc w m 1 1 0 w h lor exglosivc suklmce.

'[explosive subs!ance] found on such scarch shall, logether with the vessels or receplacles in which i t may be stored, be immediately scized and kept, pending fie judgmen~ of a Magisbare.

'Inscncd by s. 14(1) olthe Cnlcu~raand S u h h PoIifeIAmndrnent)Acr, 1910 (Ben. Acl In or 1910).

'Inscned by s. 1413, ibid. 'The words "in theday-time." wercrcpcnled by s. 14(3),ibid. 'Subslirured for he word "punpowdes" by s. 144) . ihid.

~ c i n o t lo apply to cxplosiw rubsr~ccs tclonging todhl: Covcrn- mnt .

Power of Commis- sioner lo pmhibitthc usc or rhe driving or c c m i i l w o r vchiclcs in S W l S or public plncls.

The Caicrr ~ta Subrrrbar~ Police Act, 1866.

[Ben. Act Il :

38. None of thc '[three] last preceding secdons shall exlend lo any =[magazine or store belonging to he Govcmment], or building for thc making or dcposit of '[explosive substanccs] under h e authority or for -'[the use of any Government,] or ro any '[explosive s~bsrance]~[belonging to the Government].

b3SA. (1) With thc previous sanction of thc Slate7 Government, [he Commissioner of Police may, rrom time to r ime, by notification in the Oficial Gazcrte, prescrik ~ h c typcs of vehicles which shall not be drivcn or used in skec& or public places within such limits as may be specified in [his bchalf by the Commissioner of Police in the said notificarion.

(2) Whocvcr uses or drives in a smcl or public place wilhin the limi~s spccilied under sub-section (11, a vehicle of a type the usc or driving of which has bcen prohibiled under that sub-section, shall be liable lo fine which may extend 10 five hundred rupccs, and the vehicle in respect of which thc offence h~ been committed shall be forfej~ed to the Govcmmcnta.

939. ( 1 ) With thc previous sanction of the State7 Government, the Comrnissioncr of Police may, after prcvious pi~blicalion, from timc to lime, make rules-

(a) for licensing and controlling persons offering themseIves for employment at quays, wharves or landing places for the carriage of passengers' baggage, and fixing and providing for the cnrorcemenl of a scale of charges for the labour of such pcrsons when so employed;

(b) regulating'traffic of all kinds in swccls and public places, and h e use of streets and public places by persons riding, or driving, lcading ar riding in vehicles, or leading or accompanying cattle, or walking, so as to prevent danger, obslruclion or inconvenience to thc public;

'Substi~uul Tor thc word "four" by s. 15(2) of thc Calcutta and Suburban Policc (Amcndmenr) ACI, 1910 (Bcn. Aa 111 of Ig.10).

'The words "figmint: or s~orc bclong~ng to h e Crown" were first subsuturcd Tor the words 'Gowmmenl magazinc. orslore" by p m 3 and Schcdulc 1V o51hc Corcmmnt of India (Adaptation o f Indian Laws) Ordcr. 1937. Thereafter Ihc word 'Govcmmccnt" was substitultd Tor Ihe word "Crown" by pm.4(1)or1he Adaplalian o f L w s Ordcr, 1950.

'Thc words "explosive subs~nnccs" wcrc substi~uted Tor the word "gunpowder," by s. 15(1) or !he C a l c u ~ ~ a and Suburban Police (Amcndmcnt) Act. 1910 (Ben. Act Ill of I 9 10).

'Subsutured Tor tk words "thc uscof hcGovernment" by p m . 3 md Schcdule IV of h e Governmnr of India (Adaprntion oCIndim Law) Order. 1937.

'The words "belongingto thcCmwn'were Fmrsrsubstitutrd forthcwords "kloog-ingro Governmcnl" by p 3 and ~ h c Fml Schedule ofthc Gnvcrnrncnt of lndin (Adoptarion or Indianhws) Order. 1937. Thcrcher the word 'Government" wassubstitu~cd for Lhc word "Crown" by pm.411) of~hc Adaptation ~ i k s Ordcr. 1950.

'Scclion 38A wrrs inscncd by s. 3 D T ~ Cdculramd Subu* Police(Amendnmr) Act, 1948 (Wesl Ben. Act XXXV 01 1948).

'See Coot-no~c 2 on plgc 48,ntrre. OSee fool-notc I0 on page 44, tulle.

. . uSrclions . - . 39,39A. . 39B - . . and 39C weresubs~iru~cd , . - ror . - - Ihcorigi@.cc!i,o~.~ . by s. 16oilhe

Tlle Culcrrrra S ~ ~ b t t r b a ~ ~ Police Act, 1866.

(c) regulating the condilions under which vehiclcs may rcrnain standing in streels and public places, and the use of srreels as halring placcs. ror vehiclcs or cartlc;

(d) prescribing [he numbcr and position of Iighls lo bc used on vehicles in streels and public places; .

(e) regulating and controlling the conveyance of timber, bamboos, scaffold-poles, ladders, iron girdcrs, beams or bars, boilers or olhcr unwieldy aniclcs, or coal or bricks, lirnc or orher building materials rhrough the sreels, and rhc route and hours for such convcyance;

(f) [or licensing, con!rolling, or in vicw LO preventing obstruction, inconvenience or annoyance to residents or passengers in the vicinity, prohibiling the playing of music in streets or in public placcs olher than public buildings and [he precincts IhcreoF;

(g) for Licensing, controlling, or, in view to preventing risk, danger or damage to residenls or passengcrs in [he vicinity, prohjbiiing h e carrying of any cxplosivc subslancc tn smets or public places;

(h) for conuoliing, in [he jn~crcs~s of rhc public convenience and safety, the illuminhtion of slrec!s and public places, and thc erection ~Fs~ructurcs on or over any strcc~ or public place, or against rhe cxterior of any building abutung [hereon, for the purposes of illuminalion;

(i) Tor authorising and regulating h e removal by [he police, of any slrucrures referred 10 in clause (h) of h s scchon, or any appliances for illumination placed on or over any sweet or pubiic place or againsl the exferior of any building abulling thereon, whcn the Commissioner of Police considers that the sarnc are likely LO causc obstrucrion, danger or damagc to residents or passengcrs i n thc vicinity; or

Ij) regula~ing the means of cnlrance and exit at places of public amusemen!, cnrerrainmeni and assembly, and h e lighling hereof when used by h e public, and providing for Lhc maintenance of public safety and Ihe prevention of dis~urbancc herein:

Provided h a t norhing in this section shall affect the provisions of 1hc Indian A r m s Acl, 1878, or h e Indian Explosives ACI, 1884. Xlaf 1878.

1V o f 1884. (2) Any rules made under this sccrion may, with Ihe like sanction,

bc alrered br rescinded by h e ~ommissioncrof Policc after previous publication of thc alteration or rescission.

Pnwcrol Commis- sioncrand 01 her 0RimrS to givc dircaion s to Ihe public.

The Colcrrtttt Sribtrrbatl Police Act, 1866.

[Ben. Act II

(Section 39A.I

(3) Every rulc and al~eraLion of a rule made under this section, and cvery rescission of any such rule, shall bc published in [he '[Oficial Gozetle] and in the manner prescribed by this Act for [he publication of public no~ices.

(4) Whoever conlravcnes any rule made under this section shall be liable,-

(i) if lhc rule werc made under clause (a], clause Ib), clause (c) or clausc (0 of sub-seclion ( I )--to fine which may extend lo fifty rupees, or

(ii) i f thc rule were madc under clause (d), clause (c) or clause (g) of snh-scctian ( I )-LO imprisonment with YC

wihout hard labour, for a term which many extend to eight days, or to fine which may exlend to fifty rupees, or ro both, or

(iii) i f the ru le were madc undcr clause (11). clause (i) or clause (i) of sub-sccrion ( I t l o finc which may exrcnd to one hundred rupees.

139A. (1) T h c Conunissi~ner of Police, and, subjecr to h e orders of the Commissioner of Police cvery Police-off~cer of a rank not inferior lo that of Sub-Inspeclor, may, with a view to securing h e public safely or convenience, but no1 so as 10 contravenc any ruIc made under thc last foregoing scction, or tk.e provisiuns oi any licensc granted under any such rule. give all such directions, either orally or in wriGng, as hc may consider necessary to-

(a) secure the orderly conduct of persons constituting prwessions and assemblies in streek;

(b) prescribe the routcs by which, and the times at which, any such procession may, or may not, pass;

(c) prevent obslructions on the occasion of all prctessions and - assemblies and in the neighbourhood ofall places ofworship

during h e time of public worship, and in all cases when any sueel or public place or place of public resort may be honged or liable to be obsmcted;

(d) keep order on and in all strects, quays, wharves and landing places, and all other public place or places of public reson; or

(e) rcgulate and control music, h e beating of drums, tomtoms and other ~nswmenls and be blowing or sounding of horns or other noisy insmrnents in any streel or any public plnce ohcr than public buildings and [he precincts hereof.

lSecfool.noit 5 on pngc36, ontr.

'Section 39A isnew-~ee rmr-nore 9 on page52,onte.

The Calcrrlta S~rbrrrborr Police Act, 1866.

(2) The Commissioner of Police may also. subject lo the conrral of J . the '[Slate] Govcmmzn~, whenever and for such time as he may consider

it necessary lo do so for the prcscrvalion of h e public peace or public safcty, by noufica~ion, publicly promulgalcd or addressed lo individuals, prohibit-

(i) the carrying of swords, spears, bludgeons, guns or other offensive weapons in any public placc:

(ii) [he carrying, collection and preparation of stones or other articlcs extended 10 be used as ,missiles, or of inslruments of means of casting or impelling missiIes;

(iii) [he cxhibilion of persans, carpscs, figures or efigies, in any public place; and

(iv) the public uticrance of cries, singing of songs or playing of music.

(3) Thc Commissioner of Police may also. subject lo h e conuol of thc '[Sratc] Government, whenever and for such limc as he may consider necessary, by nolification publicly promulgaled or ilddrcsscd 10

individuals, prohibil h e delivery of public harangues thc use of gestures or mimelic represcn~ations, and the preparation, exhibition or dissemination of pic~ures, symbols, placards or any other objcct or rhing, which-

(i) may be of a nature lo outrage mor;lli~y or dcccncy, or (ii) are likely, in the opinion of h c Commissioner of Police, to

inflame religious animosily or hosulily between different classes. or LO inc i~e lo he commission OF an offcncc. to a disturbance of [he public peace, or to resistancc to , or coniempt of, the law or lawful authority.

(4) The Commissioner of Police may also, by order in writing prohibi~ any procession or public asscmbly, whenever and for so long as he considers such prohibilion io be necessary for rhe preservation of thc public pcacc or public safety:

Provided [hat no such prohibition shall rcmain in force for more than seven days without hc sanction of h e '(State] Government. ,

(5) Thc Commissioner of Police may also. subject to rhc orders of h e '[State] Government, by public nolicc, lcrnporarily reserve for any public purpose any street or public placc. and prohibit persons from entering the area so rcscrvcd, save under such conditions as may bc prescribed by lhc Commissioner of Police.

(6) Whoever contravenes any direclion, order or prohibition lawfully given or ma& under this section shall be liable,-

( i ) if the direction, order or prohibilion wcre given or made under sub-seclion ( 1 ) or sub-scclion (5) lo fjne which may extend to one hundred rupees, or

(ii) if [ha prohibition were made under sub-section (Z), sub- section (3) or sub-seclion (4), lo imprisonment, wirh or wilhou~ hard labour, for a term which may extend LO one month, or to a fine which may extend to one hundred rupees, or to borh.

'See foot natc 1 on page 48, mrrc.

Enrum- mcnr of d&rs issucd under the I z t fcmgoing SCCUcm.

Power ro P'T dimions ro prtvcg disorderar places of public mli

mcnts.crc.

Rohbidon ofsalc a1 n higher pricc of tic kc^ once iss ucd for XI- mission to an cnler- r i n m n r .

77te Calcurta Ltbrrrba~l Police Act, 1866.

'39B. (I) W hencvcr a noMicauon, order in writing or public notice has been duly issued undcr sub-seclion {2), sub-scction (31, sub- section (4) or sub-section (5) of the lasl foregoing section, then,-

(a) in rhc case of a noulicuion issucd under clause (i), clause (ii) or clause (iii) of the said sub-sec~ion (2), or i n the case of a public no~ice issued under the said sub-scction (5) any Magistrate or any Police-officer, or

(b) in thc case of a notihcalion issued under clause (iv) of rhe said sub-scc~ion (2), or under [he said sub-sec~ion (3), or in rhc case of an order issued undcr [he said sub-section (4)- any Magisware or any Police-officer of or above the rank o i Su b-lnspcc tor,

may require any person ac~ing or about to acl contrary thcrcro lo desjsl or to abstain from such acdon, and, in caw of refusal or disobedience, may arrest such person.

(2) Any Magistrare or Police-oficer acting under sub-sccdon (1) may also seizc anylhing used or about ro be used in conuavcntion of such norification, order-or nouce as aroresaid, and anylhing so seized shall be disposed of E, any Magiswale having jurisdiclion may order.

=39C. (1) For ~ h c purpose of preventing scrims disordcr or manifcst and imminenr danger to the pcrsons assembled at any place of public amusemenr; or ar any asscmbIy or mce~ing 10 which the public are invilcd or which is open to the public,

the PoIice-officer OF highest rank, superior to that of Head Constable, who is present, may, subject to such rules, directioos and orders as may havc been lawfulIy made,

give such reasonable directions ns he may think n c c e s s q as to the mode ,of admission of ~ h c public LO, and for sccuring the peaceful and orderly conduct of persons artending at, such place. assembly or meeting;

and all persons shall be bound lo conform lo such directions. (2) Thc Police shall have free access to every such place of public

amuscmenr. asscmbly or mceting, for the purpose of giving effect to h e provisions of sub-seclion (1) and to any direcdon given thereunder.

(3) Whocver disobcys ox fails [oconfom lo any IawIul and reasonable direction givcn by any Police-officer under sub-secdon (1) shall be liablc to fine which may extend to one hundrcd rupees.

99CC. (1) For rhc purpose of preventing disorder or disturbance aL or near any place wherc any entertainmen1 is held, the Commissioner of Policc may, with [he previous sanction of rhe State govern men^, by order (of which public nolice shall be given). prohibir within a radius of one furlong from the place of entertainment, Ihc sale or h e offer for sale of uckels once issued for admission as spectators to such enrcrtainmenl at a pricc higher h a n the price at which such lickcts were originally issued.

[Ben. Act IT

'Section 398 is new-set rwt-nolc9 on pagc 52,arrrr. 'Scaion 39C is now-set fool-nole9 on page 52,anrc. 'Inscncd by s. 3(b) orthe Calcutw md Suburban Policc (Arnendmenl) ACI. 1952(Wcsr

Ben. A n XIX.oC 1952).

Tlre Cnlcrr/to Slrhrirbat~ Pdice Acr, 1866.

(2) Whoevcr contravenes any ordcr referrcd (o in sub-section ( 1 ) shall be liable ro impris~nmcnr for a lenn which may exlend 40 ~ h e e months or to f ine which may extened to one hundred rupees or to both.

(3) Any policc officer bclow the rank of Sub-Inspector may arresi without warrant any person cornmilling an offence punishable under. this section.

(4) In [his scclion the exprcssion 'entertainment' means any exhibition, perlormance. amusement, garnc or sport lo which persons arc admitted as specmlors on production of tickea.

'39D. Thc Commissioner of Pdicc may, by order in writing, depute one or more Police-officers, noL below [he rank of Hcad Cons~able, or othcr persons, to attcnd any public meeting lor the purpose of causing a report to bc [aken of the Proceedings of such meeting if in the opinion of thc Commissioner of Policc, to bc recordcd in writing, the meeting is likely to promorc sedition or disdFeclion or to cause disturbance of Ihe public peace and tranquility.

40. Whoever, within such limits as shall be from lime lo ~ i m e defincd by rhe Commissioner of Police, with thc sanction of the said 2[St~re] Govcmmenl, in any * *' suect, * * *' thoroughfare or place of public reson, shall cornmi[ any of the following offcnces shall be liable lo a fine no1 excceding fifty rupees:-

(1) whoever shall drive, ride or lead any clephant or camel wilhou~ 5[a pass] from [he Conunissioncr of Policc;

(2) whoever shall drive any vehiclc + * "6, a1 any time betwcen three-quarrers of an hour arter sunset and onc hour before sunrise, wjthout a suficicn~ lighl * * * 0 * * a * * *1

Power of Commi~ siancr l o cause repom to bt a c n of i h c Rr>- 1 d i n g or public d n g . i I

Pcnal~y for I

mmmitiing I

in public I

S t n x l 5 o m e m 0 r-

driving.crc., I elephant orcurwl;

(3) whoever, without rcasonablc cause, shall drivc a * *a driving 0lk& vetliclc otherwise lhan on he left or near side of the ,h,on

road; IcR side o f m d

' S d o n 39D \v;lr inscmd by s. 3 ofthc Caicuaamd Suburbm Police(Anrndmcnt) Acl, 1939 (liksl Bcn. Act XIV o f 1939).

'See root-note2 on page 48.nrlre. 'The word "public" uas r c p l c d hys..M of ~ ~ c u ~ m d S u b ~ P o l i u [ ~ n d m n r )

ACI, 1910(Bcn. Acr lnof 191Q). 'Thc ward "mad" was repcalcd by s. 34.ibid. 3Subsritu~cd for the word "permission" by s, 3(c) of the Calcuna and Suburbvl Police

1Arncndmcnt) Aa, 1952 ( W m Bcn. Act XTX 011952). The words "of any discriplion." rverc mpcaled by s. 34 oflhc C d c u ! ~ and S u L h

Pogice (Amendment) Act. 1910(Bcn. Act I l l ~ l l 9 1 0 ) . ?he wor& "crcepr when. in Lhc opinion oilhe Magistme. here nuy be sumcicnl rnoonliD

l o render such li& unnccessxy," scrcreptalcd by s. 34. ibid, T h e words "cmiriage. can or o~her." WCIC mrcpealcd by s. 34. ilrid.

exposing forshow h m m : c l c ~ i n g or rcpmnng conwy- ances. or mining hocit5, in pl~ccs no1 allowed by Comnus- sioncr: c s p i n g or kccping d c l r s so as 10 cause obmction;

lighing f i i md discharging guns. Ti- \vorl;s. ctc.:

driving cmwiih insl~lti. cienlly g l w 2 d w k k ;

aflixing bills or &wise dc(cing houses erc.;

hrhing, clc., in public 5UWt or aqucdun.

Tfle Calcnt~a S~rb~rrban Police Act. 1866.

[Ben. Act II

(4) whoever shall exposc ror show, hire or sale any horsc or orhcr animal, or any carriage, or shall clean or dress any horse or othcr animal. or shall clean any carriage or ohcr conveyance, or shall makc or repair any pan of any c m or curiage, cxcepr in cascs of accident where repair on the spot IS necessary, or shall [rain or brcak any horse, excep! in such place and at such tirncs as may be allowed by \he Comrnissioncr;

'(3a) whoever exposes or kmps any ar~icle so as ro cause obslructiofl in any public IhoroughFare;

( 5 ) 10 (9 ) [Negligertce itr driving turtle; leavittg caa. erc., wirhortl coatrot; obsrrrrctir~g road or rlrororrglfare by carriage erc.; ohsmrc~it~g footuwy; bearirrg dnrrrrs, tor~f.rot)ls, etc.J- Rep. b y s. 34 of the Calcrrrra arrd Srtberban Police {Atrrendrrrerrr) Act, 1910 (Berr. Acr 111 oJ 1910);

(10) whoever shall ser fire [o or bum any slraw or other matrer, or light any bonfue, or wantonly discharge any firearm or air-gun. or, ler off or brow any firc-work, or send up any fuc balloon, cxccpt at such times and ~llaces a shall from lime to time be allowed by Lhc Commissioner of Police;

(1 1) whoever, by driving a hackcry or cart with insuficiently greased wheels, shall creale a noisc which is rcasonably calculared to cause annoyance to persons frequcnring or rcsiding near t h e thoroughfare in which such hackcry or cart is drivcn;

(12) /l{lrtn~irrrriions.]-Rep. by s. 34 oJ rhe CaIclrrla nird Srtbrrrban Police (Amerrdn~e~tfJ Acr. f 910 (Ben. Act I11 of 1910);

( 1 3) whoever, wilhoul the consent ofthe owner or occupicr, shall affix any bill or nolicc, ar any paper, againsl or upon any building, wall, 2[lrce, fence, post, polc or othcr erection,] or shall wrire upon, dcface or mark any such building, wall, ?[tree, rence, post, pole or other erection,] with chalk or pain^, or in any way whalsoevcr;

( 1 4) whuevzr shall bahe or wash lumselrjn any *> slreet. or in, upon, or by the side or, any public tank, reservoir or aqucduci, not being a place set apari for such purpose;

'Clause (44 w z inscned by s, 17 offhe I51cunaand Suburban Police (Arrcndrnenr) Act, \SlO(Bcn. Act IU aC 19 10).

These words wcresubnjturcd Tor h e words 'or Dncc* by s.7ol~hcCalcutu and Suburbzn Police (Amendrncnl) Acr, 1907 (Hcn. Acr 1IloT 1907).

'The wod"public" wasrc@edbys. 3.4 nirk Cnln~ffamd Sub* P o l i c e ( h n d m n t ) AcI. 191D(Ben.Acl 1110T1910).

Tfre Colcrrtla Srrbrrrbarr Police Act 1866.

( I 5) whocvcr shall obstruct or incommode a person balhing a1 obsuuchg

anyplacesetaparrasabaUlingplacc, by wilfulintrusion, Ezia or by using such place as a landing placc, or by anchoring pla-: or othcrwisc fasrening or keeping boats, or by washing *'caltle or dogs, at or near such placc, or in any othcr way;

( 16) [Cruelty to anin~als. ]-Rep. by s. 8 of tlre Betrgal Crrrelg to Ar~i~~rals Acr, 1869 (Ben. Acr I of 1869);

( 17) whocver, in any public *?slrcer, rhoroughFare or place shall begpn: beg or apply for alms, or shall expose or cxhibit any sores, wounds, bodily ailment or deformily with thc objccl or cxciting charity or of obtaining alms, or shall seek for or obtain alms, by means of any CaIsc sraremcnt or prelences;

(18) whoever, wilfulIy and indecen~ly exposes his person or zxpwing comnuu a nuisance by casing himsclf. p~m, erc.

40A. [Refirges for receptiotl of cerraitr classes of corzvicted beggars.]-Repealed by s. 2 7 oj lire Be~igal Vagrorq Acr, 1943 (Bea. Acr VII of 1943).

?41. Whoever is found drunk and is incapablc oi taking care OF Pcnnlty for himself, or is guilty of any rio~ous or indeccnt bchaviour in any public

~ ~ ~ ~ ~ r e s s , street or thoroughfare, or in any place of public amuscmcnt or rcsari, i f i b f i t shall be liable, on summary convicdon before a Magistrate, to a fine not bfhaviour in

exceeding~wen~yrupees,or!oimprisonment,withorwi~ourhardlabour, pub'ic- for a Lerm not exceeding cighr days.

41B. [Perroliy for solicitation ill a prrblic place. ]-Rep. by s. 2 at~d the Sclredrrle ro ;lie Bellgal Slippressiotr of Inrnroral T r u - c Act, 1933 (Ben. Acr IV of 1933).

42. It shall be lawful for the Commissioncr of Police, by order in smydogs. writing to be affixed a1 Ihc principal police-sta~ions, and also LO be publishcd in some public newspaper, lo appoint, from timc to dmc, ccnain periods within which any dogs found straying in the srreets, or bcyond the enclosures OF the house of the owners of such dogs, may be destroyed.

'42A. ( 1 ) No pcrson shall bring, keep or possess in the suburbs of Rcslriclions !hc [own of Calculta any animal or class or classes o i animals which the asL0

bringing, Stale Government may, for the purposes or [his scclian by notification in kccplng,,r h e Oflcial Gazette, spcciiy as likely 10 cause danger lo human lifc or possessing properly excepr under, and in accordance wirh the terms and conditions %'YET of a liccncc obtained from such aulhority, in such manner and on payment of such fee, no1 cxcccding ten rupees, as !he Stale Government may spccify by rules madc in this behalf.

'The word "hona" was w@rd by s. 34 allhe Cdculia Suburbm Po[ice(hmndmenr) Acr. 1910(8en. ACI IIIoF 1910).

'The\r.ord "mad" w u rcpcalcd by s. 34, hid. 'Thissrclion rrrrnsubsliluled rorlhz u r i g i n d d u n 41 by s. 2 o f l h c C h l c u ~ ~ w d S u b u r b

Policc (Arncndmrnr) Act. 1886(Bcn. Act [lor 1886). 'Inscned by s. 31d) ollhc Cllculu and Suburbvl Policc {Amcndmcnl) Acr, 1962 (Wesr

Bcn. A C L X V O ~ 1962).

The Cakrirra Srrburbatl Police Acr, 1866.

. 44. Whocver commits an offence on or with rcspect to the pcrson or propcny oTanothcr, or, i n commi~ting an offencc under this ACI, injures or damages the person or property of anolher, may, if his name and address be unknown, b e apprehended by the person injured, or by any person who may bc using the property to which h e injury may be donc, or by [he scrvanl of eilhcr of such persons or by any pcrson authorjsed by or acting in aid of him, and may bc delained until hc gives his name and address, and satisljr such pcrson that the name and address so given are correcl, or until he can be delivered into h c custody of a Police-officer.

45. Every person taken i n ~ o cusiody wilhout a warrant by a Police- kaons officer under his Act shall be taken to thc nearcn t[police-s~ation] in ;$L;Fy order that such pcrson may be dcliined until hc can bc bmught beforc thc Magistrate or until hc shall cnler inlo recognizances, wilh or wi~hout without

surelics, for his appearance bcfore thc Magismale. w m r m y bcdri incd in Police-

Any pcrson so detained and no1 entering into recognizances, with or statitionuntil wilhout such surcties, shall be capied before theMagistra~c wilhin lwenly- k;$ four hours from the time of his being taken inlo custody. Magisrntc ar

bilcd.

46. Whcnever any person shall be brought 10 a l[policc-s~ation] Power!odc

charged wirh any oRcnce against [his Act, it shall bc lawful ror [he officer ~~~~~" in charge of such ?[police-slation], or any superior oFficer of Policc, if he sluion, sball dcem it prudent, to enlargc such pcrson on his own recognizancc, with or wi~hou! sureties, condiuoned as hereinafter mentioned.

47. Every recognizance so laken shall bc wilhoul fee or reward, CordirionoT and shall be condilioncd for Ihc appearance of the person hereby bound -p"i7d0n.

before a Magisuate at his next siting;

and all thc persons execuling the said recognizancc shall acknowledge lhemselves joinlly and severally bound in the sum- no^ exceeding'onc thousand rupees-lhcreby acknowledged;

and the time and placc of appearance shall bc specified in the said recognizance, or in the candilion thereof;

and he officer taking the rccogni7ance shall cnter in a book, to be kept for the purpose. thc name, rcsidencc and occupa~ion of the party, and his surcty or surcties (if any) entering inlo such reconizance, togefier with thc conditian hereof and the sum (hereby acknowledged, and shall return every such recognizance to Lhe Magislrale prcsent at h e ~ i m c and place when and where the p u ~ y is bound to appear.

The word "Police-swion" wrussubstitutcd Tor h e words "plice~s~lion h o w " by s. 24 or the Calcurra and Suburban Police (Amendmcn~) Acr. 1910(8en. Acr 111 of 1910).

'The word "policc-stnlion," was subs~i~urcd iorlhc word "s~alion-house" by S. 24 of lhc rllplllll ~ n r ( q ~ ~ h ~ ~ r h l n Pnlirr IArnendmcnt) Act. 191 OfBen. Acr IIIof 1910).

Powcror ~ h ~ r w r r orPolice ro hquln? wlcndulrr md obrain si3trmenrs of wimcsses.

The Calcrrrru Strblrrbat~ Police Acr, 1866.

[Ben. Act U

(Sectia~t 47A.J I - ! -.

'47A. ( I ) If, in Ihc course of any invcstigatian, the Commissioner of Policc has rtason to belicve that a cognizabIe nffcnce hns been cornmilted, he may, by order in wriling, require Lhc anendance, beforc himself or bciore any officer serving under him not below thc rank of Su b-Inspector, who is investigating a cognizable offencs of any person then being withill ~ h c U m i ~ of {he town or suburbs of Calcutta, ar within thiny miles of such limits, who, from the informalion given or orhenvisc, appears to be acquainled with the facts or circumslanccs of lhc case; and such pcrson shnll atrend as so required.

(2) The Commissioner of Palice, or any of€iccr aforesaid may examine orally any pcrson so allending, and may rcduce inlo writing any stalemcnt made by him; and si~ch person shnll be bound to answcr all question relating to the case put to him by Ihe Commissioner or such officcr, ~ t h c r than queslions thc answers to which would have a tendency to expose him ro a criminal charge or lo a p c n d ~ y or forfei~ure.

(3) The Commissioner of Policc may, in any case, forward to the Supcrinlendenr oiPolicc of Ihc disuict in which any person, from whom - any information is required rclating lo the facts or circumstances of lhc case under investiga~ion, is hclieved to bc, such questions and such statement as may bc necessary for [he purpose orobtaining h c information desired; and such Superintcndenl shall. on reccipl hcreof, cause such pErSOn ro be examined onlly, and his slaremcnl ro bc reduced into wriling, in [he samc manner and subjcct lo the same provisions as if an invesBgntion were being mndc inlo such oHcnce in such districl, and shall forward [he statement reduced into writing to ~ h c Cornmi.~sioncr of Police.

(4) Subject to any rules made by h e '[Slalc] Govcrnrnent.

rhe Conimissioner of Police may. if he thinks fit, order paymenl. on the par14[of the Stale Government], of h e reasonabIe expenses of any person residing in rhc town or suburbs or CaIculta who arlends Tor [he purposes of any inves~igation beforc himscl f or any othcr Police-officer undcr this scclion, and shall order paymenr, as aforesaid, of the reasonabIe expenses oT any puson not so residing who Mends as aforesaid.

'Sccuoa47A was irscrtd by s. 25 of& Glculk~ md Suburban Police (A~nendrncni)Acl, 1910IBen. Act111oI 19I0).

:See (OOI-norc? on page 48.n~rrr

'Tht words "subjccr tw rhc canrral of thc Governor-Gencml in Council" were mpdcd by rhc Fin1 Sch.. P m V, oithc kvotu~ion Acr. 1920(XXXVIlI oT1920).

'Thc words "df the Provincial Govcrnmznr" were F i r substituted for [he words "of h c Gnvernrnca~"by -3 and Schdult N of the Govemmcnl of Indi~((Adapwlion of Idiu h w s ) Ordcr. 1937. Thcwdrcr [he word "SWC" was substi~urcd for Lhc word "Plorincid" by nnn d(l l n f r h ~ A r l l n r . l r : m - n C 1 - . . - --n-A*+ lnrn

Ttte C~lcrrrra S~rbtrrban PoIice Act, 1866.

I47B. If infomarion is given on oath to the Commissioner of Police Porverro I- a m h Tor

[hat any pcrson is confincd undcr such circurns!ances that the confinemcn~ FrsonF amounls to an offence, and if i t is for any rcmon impracticilble lo make wmnghlly

confined. v or an application to a Magismale under section LOO or sccdon 552 of the

1898. Codc of Criminal Procedure, 1898, the Commissioner may issue a scarch- warram to any Police-officer not below the rank of Sub-Inspeclor; and the officer to whom such warrani is dircctcd may search for he person indicated in such warrant, in accordancc with such directions as may be givcn thercin; and the person, if found, shall irnrnedialcly bc lakcn before a Magislratc, who shall make such order as in rhc circumsrances of the cast sccms praper.

'47C. ( I ) Bcfort: any oRcer makes a search under his ACI, hc P d u r c i n

shall call upon two or more rcspcc~;lblc pcrsons to atlend and wilness the %&, search.

(2) Thc search shall be made in rhe presence of such pcrsons and a lisr of all things scizcd in the course of rhe search. and of thc placcs in which they arc rcspcclively round, shalI be prepared by the said omccr and signcd by thc said witnesses; but no person wirnessing a search under this sec~ion shaIl be required lo aucnd thc court as a wirness OF the search unless specially summoned by il.

(3) Thc occupant of [he place searched or somc pcrson in his bchal f, shall, in very instance, be permitred to attend during thc scarch; and n copy of [he list prepared under sub-section (21, signed by thc said witnesses, shall bc delivered to such occupant or person ar his request.

48. All fines imposed undcr thc authority of lhis ACI shall be Rtcovtrymd ., xxv rccovcrablc in h e manner prescribed by secuon 61 of h e C ~ d c of Criminal I . of1861. Procedure,' and h e amounl so levied shall be appropriared to any fund ha-

applicable lo Policc purposes:

Provided lhar il shall bc lawful ror [he Magistrate, when i~ shall appear Imprison- nlcnt in to him [hat the finc canna bc realised by recourse to rhe provisions hcuof

above menLioned, to sentence ~ h c offccndcr LO imprisonrnen~ in lieu of fine.

any fine to which such offender is liabIe undcr this Aci, and the term of Act XLv wch in~prisonmenl shall be fixed in accordmcc with hc scale laid down or 1 860. in scclion 67 of the Indian Penal Code.

'kc1ion47B was insend by s. 27 ollhr Wcut~amd S u b u h Policc(Amcndmcnt) ACL 1910 (Ben. ACI I1 I of I9 10).

'Secuon 47C wa- inscncd by s. 29,ihid. 'Act XXV of 1861 was rcpcalcd and re.enacird by Act X of 1872, s. 1. and

Sch, V. directed that this wrrrmcz shouldbcdcerned to be madc toscction 307 oFthc Acr of 1872, Acr X or 1872 w a rcpuled and ~ c n a c l e d by Act X of 1802. and the lanrr by Act V or 1898 (Iheprrseor CodeoiCriminal Prowdurc). In accordvlcc with Act V of 1898. sccrion 3, thc rclcrcncc in thc (cxi shou!d now k taken to be ~nadt: to rrclions 386.387 ,and 3Y9 oiihat Acr. 0. dso rhc Bcngal G c n c d Clauses Act. 1899 (Bcn. Acl 1 01 1899). section 16.

Police lo rakc chlrgc of unclaimed mo\*~blc PrnPc"Y-

Disposal of such P*WY.

The Calclrrta Sabltrbarr Police Act, 1866.

[Den. Act I1 , I

'4flA. ( I ) The Policc shall, ior the purpose of safe custody, take iemporary charge of-

(i) all unclairncd movable properly found by [hem, and

(b) all movable propcrty found lying in any public srreel, if [he owner or [he person in chargc or such properly on being directed to remove rhc s a c , rcruscs or omits lo do so wilhin a reasonable h e ;

and may, for the said purpose, lakc t c m p o r q charge of any unclaimed movable properly made over ro hem.

(2) Properly of which rhc Police have taken charge under sub- section (1) shall be handed over to the Commissioner of Police.

'48B. (1) If Ihc said propcrty appears to have been left by a person who has died inles~ale. and no[ to be under two hundred rupees in value. h e Commissioner of Police shall communicate wilh he Administrator- General, with a vicw to its being dealt with under h e Adrninisualor- General's Acl, 19 13, or any oher law for the time being in force. 11101 1913.

(2) In evcry othcr case the Commissioner of Police shall issuc a proclama~icln specifying lhc articles of which such property consisb, and requiring any person who may have a claim rhercto lo appear belore himself or some other officer whom he appoints in lhis bchaIrand establish his L-laim wilhin six months from the date of proclamation.

(3) If the properly, or any part thereof, is subject lo speedy and naturaI decay, or consisls of livc-stock, or if the propeny appears lo be of less value lhan five rupees, it may lonhwith be sold by auction under the orders OF [he Commissioner of Policc and the nci preceeds of such sale shall bc dcah with in the same manner as is hereinaricr provided for the disposal of the said propeny.

(4) The Commissioner of Police shall, on bcing satisfied of the titIe of any claimant to the possession or adminisuation ol any property referred lo in sub-scction (2), order the same to be delivered lo him, arm deduclion or payment of the expenses properly incurred by h e Policc i n he seizure and detention hereof.

(5) The Cornmissioncr of Police may, at his discretion, before m h n g any order under subsection (4), takc such sccurity as he may hink proper from the person to whom the said properly is to bc delivered; and nothing hereinbefore contained shall a f f e c ~ thc right of any person to recover h e wholc or any par[ of such property from the person lo whom il may havc been delivered pursuant to such order.

'Sccrions 44A md 488 were inscned by s. 2 of Ihc Cnlcum Suburban Policx: (Amcndmcn~) Act. 1919 (Ben. Act I or 1929).

TI1 e Calcritla S~rbrrrbmr f dice Act, 1866.

J (6) I1 no person establishes his claim lo such property within the period prescribed in sub-section (2), i l shall be ar thc disposal '[of the Stale Government]; and the propeny or such part thercof as has not already been soId under sub-section (3), may be sold by aucuon undcr orders of the Commissioner of Policc.

49. [Powers of Joinr orld other Magistrates.]-Rep, by Bell. Acr I OJ 18 74.

I49A. Any public notice required to be given under any of thc Public provisions of this Act shall be in writing, shall be signcd by the noticehow Cornrnjssioncr of Policc, and shall be published, in the locality ro bc 'nbCgivcn.

affected hereby, by f i x i n g copies thcrcorin conspicuous public places, or by proclaiming the same with bcat of drum or by adverlising the sarnc in such local newspapers, English or ueniacalar, a the Commissioner of Policc may deem fit, or by any [wo or more of hesc means and by any orhcr mcans he may think suitable.

?49B. Whenever under h s Act or any rule made hereunder the ConscntC1c,. doing or the omiuing lo do anything or Lhc validity of anything depends O~CO--

upon thc conrenr, approval, declaralion, opinion or salisfacljon of the ~ ~ ' ? ~ ~ ~ ~ Commissioner of Police or of any other Police-officer, a wrillcn document Poliw- signcd by the Commissioner of Police or by such oficcr, purporting to O ~ ~ ~ C Q ~ Q W

to bc convey or sct forlh such consent, approval, declaration, opinion or p,.,,vd. satisfaction shall be sufficient cvidence thereof.

I49C. Every license, written permission, nodce or olher documcnl [not bcing a summons af warran1 or search-warrant, or a no~ilicalion :rizof issued undcr sub-section (3) of secuon 39A or an order made under sub- sec~ion (4) of that section, or an order made under section 47AJ required by h i s Acl, or any rule made hereunder, lo bear the signature of the Commjssjoncr a€ Police shall be deemed to bc properly signed ir i t bears a facsimile of his signature stamped [hereon.

50. ?IThe Addilional. Join[, Dcpuly, Additional Deputy or Assistam Commissioner of Police] Tor the town of Calcurra may, under the orders . POWC'SOr

~ P U I Y of the Commissioner, '[perrom all or any of h e duucs, exercise all or Cornis- any of the powcrs or perform all or any of ~ h c runctions] vested in thc sioncr,

lalcr by the provisions of this Act.

'See fool-note4 on p a p 62, ante, 'Seclions 49A, 49B and 49C were inserted by 5 . 3 1 orlhcCdcuttd md Suburban Policc

(hcndlncnt) ACI, 1910 (Bcn. Act Ill or 19 10). 'Fmdy, the words "A Deputy Cornmissioncr or Policc" were suhstituttd for thc words

'The Dcputy Commissioner of Policc" by s. 3(e)(i) 01 the Cdcuna and Suburban Police (Amendment) ACL. 1962 (West Ben. Act XV or 196?). htcr. the words wilhin fhc squm brackets were substiturcd forthc words "A Depu~y C~rru~ssioncro~Polict" by s. 11 of the Cnlcutln Poliff: wid the (klcunn S u b h Policc (Amendment) Act. 1969 (WCSI Ben. ACL XXVII of 1969).

'Substituted for h e words "cxcrcist atlormy of thcpwen" by s. 3(e)(ii)of tkrlalcuna and Suburban Police (Amendrrunl) Am 1962 w e s t Ben. A a XV of 1962), md d e e d always . . . . .

Tlre Calcrrtta S~rblrrban Police Acr. 1866.

[Ben. Act U

hlcr- 51. Thc following words and expression in this Act shall have the pitalion. meanings hereby assigned lo [hem, unless ~hcrc be somelhing in the

subject or context repugnant to such consmucuon (that is to say):-

the word "properly" shalI include any chailel, money or valuable security;

h c word "person" shall include a corporadon;

the word "rnonlh" shall mean calendar month;

h e word "oah" shall include any affirmauon or dcclarauon lawfully substiluled lor an oalh;

thc word "catllc" shalI, bcsidcs homcd cattle, include horscs, asses, mules, sheep, goats and swine; ? * * * * * * * * '"cxplosive subsrancc" shalI bc dccmed to includc any ma~crials for making any explosive subslancc; also any apparatus, machine, implement or material used, or intended ro be used, or adap~cd for causing, or aiding in causing, any cxplosion in or w i ~ h any explosive substance; -also any p m of any such ' apparatus, machine or implement.

"'place of public amusement" shall mean any place, enclosure, building, tcnt, .booth or other erection, whelher permanent or temporary, whcrc music, singing, dancing or any diversion or game, or [he means of carrying on [he s m e is provided, and to which the public are adrniued, either on paymenl of money or with the intention that money may be collected from those adrniued, ohenvise than for a bot~a fide charitable purpose, and shall includc a race-course, circus, rhcaue, music-haI1, billiard-room, bagatelle-room, gymnpium and fencing-school;

-"'place of public enlenainment" shall mean any place, whelher enclosed or open, lo which the public are admilled, and where

'The delinilion of "colnlnon gmning-how." w u rep led by s. 5(1) of thc Bcngal Public Gmbling(Amcndmenr)Act, 1913 (Ben. Acl IV of 1913).

:Clauses as lo nurnkr md gcndcr, wcrc repcded by s. 4 and the W Schcdulc of the Amending Acr, 1903 (I of 1903). See now seclion 14 oft he Bcngal G e n e d Claws Acl, 1899 (Ben. ACI I or 1899).

'Thc.w detiniiions wcrc addcd by sec. 4 ofthe Cdcutm and S u b u r b Police (Amendment) Act, 1910 (Ben. Act I11 of 1910).

'Firslly. this "expression" was addcd by s. 4 of thc Calcu~ra and Suburban Policc (Arncndmcn~) Acr. 19 1 I) (&n. Acr 111 or 1910). h e r , lhe p n x n r "expression" WE substiruled f o r k originnl"~expression" by s. 3(l) o r t k k : ~ a l c md Suburban Police (Scfond Anrndnmr) ACI. 1978 (Wcst Ben. Acr XLVlII of 1978). Prior to h i s substitution. the words "and shall include a lodging.housr: wherhermy kind o i i - d . drink or drug is supplied Tor consumption thcrcin or not. and arclrcshrncnt-mom, enling-house. coIIcc-house. ta-shop, liquor-house, boYding:how" in theoriginal expression weresubsti~uled forrhc words "and sMl includc n refmluncnr-mrq &g-hour mffm-how tm-hop, liquor-how. bydi ,y -how lodging- housc" . . by s. 2 o i h c Cdcurla and Suburban Police (Amendment) Act. 1943 (Ben. AcL l o i

The Calcrrtto S~~burbalr Police A el, 1866.

any kind of food, drink, drug, betel or lobacco is supplied for consumption on or off the premises for h e profir or gain of any person owning or having an interes~ in or managing such place; and shall include a lodging-house where any kind of food, drink, drug, betel or lobacco is supplied for consumption therein or not and a rehshment-room. eating-house, coffee-house. Ica- shop, snack-shop, snack-bar, sweelmear-shop, liquor-house, boarding-house, hoteI, restaurant, lavern, wine-shop, beer-shop, spirit-shop, arrack-shop, loddy-shop, gat+-shop, bhang-shop, opium-shop, tobacco-shop, bidi-shop, cigaret te-shop. zarda- shop, bctcl-shop and betel leaf massalya-shop; L"Police-officcr" shall mean any member of the Calcutla Police force '[and shall include the Commissioner of Police, an Addiiional Commissioner of Police, a join^ Commissioncr of Police, a Deputy Cornmissioncr orPolice, an Additional Depury C~mmissioner of Police and an Assistant Commissioner of Police];

l"police-s~adon" shall mcan any post or place declared generally or specially, by the 3[Srarc] Govemmenl, to be a police-slalion, and shall include any local area specified by the '[Slate] Government in this behalf; '"public place" shall include h e banks of [he rivcr, the docks, ~ h c jetties, warehouses 10 which thc public have access, every public building and monument and the precincts thereof and all places accessible to Lhe public for drawing water, washing or bathing, or for purposes of recrealion;

'"street" shall mean any road, lane, foolway, square, coun, dley or passagc, whelher a thoroughfare or no[, to which [he public have, permancnlly or temporarily, a right of access;

4"sub~rdinatc ranks" shall mean the ranks below Assisranr Commissioner;

'"vehicle" shall include any locomo~vc, automobile, u-am-car, carriage, cart, vhn, dray, mck, hand-can, bicycle, tricycle, molor cycIe or ohcr wheeled conveyance of any descriplion capable OF being uscd on-the slreels.

52. [Act XXI of 1857 repealed i ~ r sribrirbs. ]-Rep. by s. 3 atrd he Tlrird Schedtrle of tlre A~rrerzditlg Acr. 1903 (1 of 1903).

'See foot-note 3 on pagc 66,orrfe. -The words within squm, brackets were subsurutd for lhe words "and shall includc the

Commissioner of Police nnd a Dcpu~Commissioner of Policc" by s. 12 of IheCalcutin Poficc and 1heCalcuaaSuburban ~ o l i c e ' ( ~ n d m c n r ) Act. 1969 ( ~ t s i 3 e n . Act XXVII of 1969).

'Sec Foot-natcl, on page48,a111e. 'This definition wos inscned by pm. 3 and Schcdulc N or the Govcrnmenr of India

The Calciitra Subvrbarr Police Acr, 1866.

[Ben. Act I1

(Fon~r of Certificate arrd Sclredrrle of Fees.)

'FORM OF CERTIFICATE (Referred to it1 secriorl 8.)

A B has bccn appointed a member of the Calcutta police-force, and is veslcd with Ihc powers, functions and privileges of a Police-officer.

CALCWA: Comttlission er of Police.

2SCHEDULE OF FEES. (See section 24.)

A. Fees for licenses.

Description of hems. For every lea shop, aerated water

shop, coId drink shop, soda founlain.

For every coffee housc, boarding house, e a ~ i n g house or swcetrncat shop.

For every hotel run in western slyle.

For every bclel shop or shops selling bidi or cigare[le or tobaccos or zarda or masalla for betel leaf.

For cvcry restauranl, snack shop, snack bar.

For cvcry lodging house for pilgrims.

For every Iodging house for seamen.

For every oher casc.

Fees. Rs. I00 per year and also an

addilional fee 'of Rs. 10 per month or facrion 01 a month if music is lo be pt'aycd in such place. -

Rs. 250 per year and also an additional fee of Rs. 15 per month or fncdon o i a month if music is to be played in such placc.

Rs. 1,000 per year for holel, Rs. 2,000 per year for hotel and restaurant.

Rs. 60 per year.

Rs. 250 per year.

Rs. 50 per year.

Rs. 100 pcr year.

Rs. 10 per year:

'This ram urcertificnte'was subsufu~cd ~orthcorigind forrnby s. 23 ofhcCnlculunnd Suburban Polia(Amcndmnt) Am I910 (Ben. A a 11101 1910).

'Frmly. h e 'Schalulcof fes.*vm irwnad by s. 3(e) o f ~ I ~ C d c u m ~ m d Suburban Polia (Anlcndrncnt) Act. 1952 {Wm Ben. Act XIX of 1951). Later, the present "Schedule o lrm." was subslituttd for LhC original by s. 3(2) oltk Calcurm and Suburban PoLicc (Sccond A m n d . m r n r l A r t In7P RVctr Rcn A n Yl I l I r l nFlOfWl

T11e Colcrrtra Srrbrrrbatl Police Act. 1866.

Provided that no fee shall bc payable in respcct of any establish men^ rhc keeper of which is required to lake out a liccnse under seclion 218 of (he Calcuua Municipal Act, 195 1, the fee lor which is not more than

i k s t Bcn. Act XXXIL Rs. I5 pcr year, or is required lo pay a tax under clause (f) of sub-section oi 1951. ( 1 ) of scclion 123 of h e Bengal Municipal Act, 1932 which is not morc t t ~ ~ $ ; ~ ~ ~ h a n ~ s . 4 p c r y e a r .

B. Fees for certilicate.

Description of hems. Fees. For evcry reslauranl wilh Rs. 350 per year.

permanent bar with a foreign liquor shop or wilh India-made foreign liquor shop or hole1 where spirituous liquor or foreign liquor or India-made rorcjgn liquor we sold.

For evcry foreign liquor shop or Rs. 300 per ycar. India-made foreign liquor shop.

For cvery gattja-shop, bharrg-shop Rs. 20 pcr year. or opium-shop.

For every vrnp~raq bar. Rs. 50 per day.

In every other case. Rs. 10 per year.

C. Fees for paises.

Description of item. Fees.

For every animal. Rs. 10.

Expla~latio~r.-If any question arises as lo whether any place or establishment or thing comes within any of he items described above, lhc matter shall be referred lo the Commissioner of Policc and the decision of h e Commissioner of Police shall be final.