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west bengal act 001 of 1898 : Calcutta Police Act, 1898

Calcutta Police Act, 1898

WEST BENGAL ACT 001 OF 1898
25 May, 1898

Repealed in Part

.. Act I of 1903.

Repealed in Part and Amended.

.. Ben. Act I of 1939.

Adapted

(a) The Government of India (Adaptation of Indian Laws) Order, Adapted, 1937.

(b) The Adaptation of Laws Order, 1950.

An Act to extend certain portions of the Police Act, 1861 to the Town and Suburbs of Calcutta.

Whereas it is expedient to extend certain portions of the Police Act, 1861 (V of 1861) as amended by the Polite Act (1861) Amendment Act, 1895 (VIII of 1895), to the Town and Suburbs of Calcutta, subject to the modifications hereinafter appearing;

And whereas, the said Acts having been passed by the Governor General of India in Council, the previous sanction of the Governor General has been obtained, under section 5 of the Indian Councils Act, 1892 (55 & 56 Vict, c. 14), to the passing of this Act;

It is hereby enacted as follows:

Section 1. Short title

(1) This Act may be called the Calcutta Police Act, 1898;2[* * *]

(2) (Commencement.) 3[* * *]

Section 2. Extension of portions of the Police Act, 1861, to the town and suburbs of Calcutta

The portions or the Police Act, 1861 as amended by the Police Act (1861) Amendment Act, 1895, which are specified in the first column of the Schedule to this Act are hereby extended, subject to the modifications set forth in the second column of that Schedule, to

(1) the town of Calcutta, as defined in section 3 of the Calcutta Police Act, 1866, (Ben. Act IV of 1866) and

(2) the area to which 4[the Calcutta Suburban Police Act, 1866] (Ben. Act II of 1866) for the time being applies by virtue of any notification published under section 1 thereof.

THE SCHEDULE

Portions of the Police Act, 1861, extended.

1

Modification.

2

So much of section 1 as

(a) defines property.

person and month and 5[* * *]

Section 15 .. ..

In sub-section (1) after them insert or of any persons resorting to such area. .

In sub-section (2), for The Inspector-General of Police or other officer authorized by the 6[State Government] in this behalf read the Commissioner or Police. .

In sub-section (4) for The Magistrate of the district real Such officer as the 6[State Government] may appoint in this behalf or in the suburbs the Magistrate of the 24-Parganas, and for the Magistrate's read such officer's or Magistrate's. .

Section 15A .. ..

In sub-section (1), after them insert or or any persons resorting to such area: omit the words being an inhabitant of such area; and for the Magistrate of the district or of the sub-division of a district within which such area is situated refer the officer appointed under section 15, sub-section (4) or in the suburbs, the Magistrate of the 24-Parganas .

In sub-section (2), for the Magistrate of the district read the officer appointed as aforesaid, or, in the suburbs, the Magistrate of the 24-Parganas; and for clause (c) read:

(c) assess the proportion in which the same shall be paid

(i) by the inhabitants of the area specified in the proclamation (other than the applicant), or

(ii) by the inhabitants or the area of which the persons resorting as aforesaid are inhabitants, or

(iii) by the inhabitants of both the said areas.

who shall not have been exempted from liability to pay under the next succeeding sub-section.

In the proviso to sub-section (2), before Magistrate insert said officer or, and for such area read the area specified in the proclamation. .

In sub-section (4), for the Magistrate of the district read the officer appointed as aforesaid or the Magistrate of the 24-Parganas. .

Section 16 .. ..

In sub-section (1) for sections 13, 14, 15, and 15A read sections 15 and 15 A, .

In sub-sections (1) and for in the Magistrate of the district read the officer appointed under section 15, sub-section (4) or the Magistrate of the 24-Parganas, as the case may be. .

In sub-section (1), for in the manner provided by sections 386 and 387 of the Code of Criminal Procedure 1882, for the recovery of fines read under the provisions of the Code of Criminal Procedure for the time being in force in relation to the issue and execution warrants for the levy of fines. .

In sub-section (2), for All moneys paid or recovered under sections 13, 14 and 15 shall be credited to a fund to be called the General Police Fund and read All moneys paid or recovered under section 15. .

In sub-section (3), for that section read the said section 15A. .

Section 46, sub-sections (2) and (3)

In sub-section (2), omit the words When the whole or any part of this Act shall have been so extended. .

In clause (a) of sub-section (2) for Magistrate read the officer appointed under section 15, sub-section (4) the Magistrate.

1 Legislative Papers For Statement of Objects and Reasons, see the Calcutta Gazette at 1898. Part IV page 533 for Report of Select Committee, see ibid, page 537; and for Proceedings in Council, see ibid Supplement, pages 533, 689, 708, 1007, 1014 and 1025. Local Extent. This Act extends to the Town and Suburbs of Calcutta see section 2.

2 The word and was repealed by s. 4 or, and the Third Sch. to, the Amending Act, 1903 (Act I of 1903).

3 Rep. by s. 4 and the Third Sch. of the Amending Act, 1903 (1 of 1903).

4 These words and figures were substituted for the words, figures and brackets Bengal Act II of 1866 (an Act to provide for the better regulation of the Police within the suburbs of the Town of Calcutta) by s. 2 of and the First Sch. to, the Bengal Repealing and Amending Act, 1938 (Ben. Act I of 1939).

5 The entry (b) relates to number and gender was repealed by s. 3 of, and the Second Sch. to, the Bengal Repealring and Amending Act, 1938 (Ben. Act I of 1939).

6 The words Provincial Government were originally substituted for the words Local Government by paragraph 4(1) of the Government of India (Adaptation of Indian Laws) Order, 1937, and thereafter the word State was substituted for the word Provincial by paragraph 4(1) of the Adaptation of Laws Order 1950.