(1) This Act may be called the Delhi Police Act, 1978.

(2) It extends to the whole of the Union territory of Delhi.

(3) It shall be deemed to have come into force on the 1st day of July, 1978.

In this Act, unless the context otherwise requires,u2014

(a) "Administrator" means the Administrator of Delhi appointed under article 239 of theConstitution;

(b) "cattle" includes elephants, camels, horses, asses, mules, sheep, goats and swine;

(c) "competent authority", when used with reference to the exercise of any power or discharge ofany duty under the provisions of this Act, means the Commissioner of Police appointed undersection 6 or any other police officer specially empowered in that behalf by the Central Government;

(d) "constable" means a police officer of the lowest grade;

(e) "Corporation" means the Municipal Corporation of Delhi constituted under the DelhiMunicipal Corporation Act, 1957 (66 of 1957);

(f) "Delhi" means the Union territory of Delhi;

(g) "Delhi police" or "police force" means the police force referred to in section 3 and includesu2014

(i) all persons appointed as special police officers under sub-section (1) of section 17 andadditional police officers appointed under section 18; and

(ii) all other persons, by whatever name known, who exercise any police function in any partof Delhi;

(h) "eating house" means any place to which the public are admitted and where any kind of foodor drink is supplied for consumption on the premises by any person owning, or having any interest in,or managing, such place and includesu2014

(i) a refreshment room, boarding house or coffee house, or

(ii) a shop where any kind of food or drink is supplied to the public for consumption in ornear such shop,

but does not include a place of public entertainment;

(i) "municipality" means the New Delhi Municipal Committee, the Cantonment Board or anyother municipal body, other than the Corporation, established by or under any law for the time beingin force in or in any part of Delhi;

(j) "place" includesu2014

(i) any building, tent, booth or other erection, whether permanent or temporary; and

(ii) any area, whether enclosed or open;

(k) "place of public amusement" means any place where music, singing, dancing or game or anyother amusement, diversion, or recreation or the means of carrying on the same is provided, to whichthe public are admitted either on payment of money or with the intention that money may be collectedfrom those admitted and includes a race course, circus, theatre, music hall, billiard or bagatelle room,gymnasium, fencing school, swimming pool or dancing hall;

(l) "place of public entertainment" means a lodging house, boarding and lodging house orresidential hostel and includes any eating house or other place in which any kind of liquor orintoxicating drug is supplied (such as a tavern or a shop where beer, spirit, arrack, toddy, ganja, bhangor opium is supplied) to the public for consumption in or near such place;

(m) "police officer" means any member of the Delhi police;

(n) "prescribed" means prescribed by rules;

(o) "public place" means any place to which the public have access, whether as of right or not,and includesu2014

(i) a public building and monument and precincts thereof; and

(ii) any place accessible to the public for drawing water, washing or bathing or for purposesof recreation;

(p) "regulations" means regulations made under this Act;

(q) "rules" means rules made under this Act;

(r) "street" includes any highway, bridge, way over a causeway, viaduct or arch or any road, lane,footway, square, court, alley or passage accessible to the public, whether or not it is a thoroughfare;

(s) "subordinate ranks" means members of the police force of and below the rank of theInspector;

(t) "vehicle" means any carriage, cart, van, dray, truck, handcart or other conveyance of anydescription and includes a bicycle, tricycle, a rickshaw, a motor vehicle, a vessel or an aeroplane.

There shall be one police force for the whole of Delhiand all officers and subordinate ranks of the police force shall be liable for posting to any branch of theforce including the Delhi Armed Police.

The superintendence of theDelhi police throughout Delhi shall vest in, and be exercisable by the Administrator and any control,direction or supervision exercisable by any officer over any member of the police force shall beexercisable subject to such superintendence.

Subject to the provisions of this Act,u2014

(a) the Delhi police shall consist of such number in the several ranks and have such organisationand such powers, functions and duties as the Administrator may, by general or special order,determine; and

(b) the recruitment to, and the pay, allowances and all other conditions of service of the membersof, the Delhi police shall be such as may be prescribed:

Provided that nothing in clause (b) shall apply to the recruitment to, and the pay, allowances andother conditions of service of the members of the Indian Police Service or the Delhi, Andaman andNicobar Islands Police Service.

For the direction and supervision of the police force in Delhi, theAdministrator shall appoint a Commissioner of Police who shall exercise and perform such powers andduties and perform such functions as are specified by or under this Act.

(1) The Administrator may appoint one or more AdditionalCommissioners of Police for the purposes of this Act.

(2) The Additional Commissioner of Police shallu2014

(a) assist the Commissioner of Police in the exercise of his powers and the performance of hisduties in such manner and to such extent, and

(b) exercise such powers and perform such duties of the Commissioner of Police and within suchlocal limits,

as the Administrator may, by general or special order, specify.

(1) The Administratormay appoint one or more Deputy Commissioners of Police or Additional Deputy Commissioners ofPolice or Assistant Commissioners of Police for the purposes of this Act.

(2) Without prejudice to the other provisions of this Act and subject to any general or special ordersmade by the Administrator in this behalf, every Deputy Commissioner of Police or Additional DeputyCommissioner of Police or Assistant Commissioner of Police shall, under the orders of the Commissionerof Police, exercise such of the powers (except the power to make regulations) and perform such of theduties of the Commissioner of Police and within such local limits as may be specified in such orders.

(1) (a) The Administrator shallappoint a police officer not below the rank of a Deputy Commissioner of Police to be the Principal of thePolice Training School for Delhi.

(b) The Commissioner of Police may by general or special order assign to the Principal of the PoliceTraining School such powers and duties as he may deem fit for the proper functioning of that School.

(2) (a) The Administrator may establish a Police Training College for Delhi and appoint a policeofficer of appropriate rank to be the Principal of such College.

(b) The Commissioner of Police may by general or special order assign to the Principal of the PoliceTraining College such powers and duties as he may deem fit for the proper administration of that College.

Subject to the control ofthe Administrator, the Commissioner of Police shall

(a) constitute police districts within Delhi;

(b) divide such police districts into police sub-divisions and specify the police stations comprisedin each such sub-division; and

(c) define the limits and extent of such police districts, police sub-divisions and police stations.

(1) Eachpolice district shall be under the charge of a Deputy Commissioner of Police who may be assisted in thedischarge of his duties by one or more Additional Deputy Commissioners of Police.

(2) Each police sub-division shall be under the charge of an Assistant Commissioner of Police andeach police station shall be under the charge of an Inspector of Police.

Subject to such general or special orders in writing as theAdministrator may make in this behalf,u2014

(a) Inspectors of Police may be appointed by the Additional Commissioner of Police; and

(b) Sub-Inspectors of Police and other officers of subordinate rank may be appointed by theDeputy Commissioners of Police, Additional Deputy Commissioners of Police, Principal of thePolice Training College or of the Police Training School, or any other police officer of equivalentrank.

(1) Every police officer of the rank of Inspector and below shall onenrolment receive a certificate of appointment.

(2) The certificate shall be issued under the seal of such officer, and shall be in such form, as theAdministrator may, by general or special order, specify.

(3) A certificate of appointment shall become null and void when the person named therein ceases tobelong to the Delhi police or shall remain inoperative during the period such person is suspended from theDelhi police.

The powers, functions and privileges vested in a policeofficer shall remain suspended while such police officer is under suspension from office:

Provided that notwithstanding such suspension such person shall not cease to be a police officer andshall continue to be subject to the control of the same authorities to which he would have been subject ifhe had not been under suspension.

The Commissioner of Police shall direct andregulate all matters of arms, drill, exercise, observation of persons and events, mutual relations,distribution of duties, study of laws, orders and modes of proceedings and all matters of executive detailor the fulfilment of their duties by the police force under him.

The Commissioner of Police shall have the authority to investigate and regulate all matters of accountconnected with the Delhi police and all persons concerned shall be bound to give him reasonable aid andfacilities in conducting such investigations and to conform to his orders consequent thereto.

(1) The Commissioner of Police may, at any time, by a written order,signed by himself and sealed with his own seal, appoint any able bodied male person not less thaneighteen years of age, whom he considers fit, to be a special police officer to assist the Delhi police onany occasion, when he has reason to apprehend the occurrence of any riot or grave disturbance of thepeace in any area and he is of opinion that the ordinary police force is not sufficient for the protection ofpersons residing, and for the security of property, within such area.

(2) The Commissioner of Police shall publish the names of special police officers appointed underthis section in such manner as may be prescribed.

(3) Any person objecting to the appointment of any person as such special police officer may send hisreasons for such objection to the Commissioner of Police within fifteen days of such appointment and theCommissioner may accept such objection and cancel the appointment of such officer or, after giving tothe objector an opportunity to be heard, reject the objection.

(4) Every special police officer appointed under this section shall, on appointment,u2014

(a) receive a certificate of appointment in such form as may be specified by the Administrator inthis behalf;

(b) have the same powers, privileges and immunities and perform the same duties and be subjectto the same authorities as an ordinary police officer.

Where additional police officers are required to be deputed undersection 38, section 39 or section 40 the Commissioner of Police may appoint such number of additionalpolice officers as he considers necessary and every such additional police officer shall, on appointment,u2014

(a) receive a certificate of appointment in such form as may be specified by the Administrator inthis behalf;

(b) have such of the powers, privileges and immunities and perform such of the duties of a policeofficer as are specifically mentioned in the certificate; and

(c) be subject to the same authorities as an ordinary police officer of the same or similar rank orgrade.

Subject to the orders of theAdministrator, the Commissioner of Police may make regulations not inconsistent with this Act or anyother law for the time being in force

(a) regulating the inspection of the police force by his subordinates;

(b) determining the description and quantity of arms, accoutrements, clothing and othernecessaries to be furnished to the police;

(c) prescribing the places of residence of members of the police force;

(d) for institution, management and regulation of any police fund for any purpose connected withpolice administration;

(e) regulating the distribution, movements and location of the police;

(f) assigning duties to police officers of all ranks and grades, and prescribing the manner inwhich, and the conditions subject to which they shall exercise and perform their respective powersand duties;

(g) regulating the collection and communication by the police of intelligence and information;

(h) generally, for the purpose of rendering the police efficient and preventing abuse or neglect oftheir duties.

The Commissioner of Police may call for suchreturns, reports and statements on any subject connected with the prevention and detection of crime, themaintenance of order and the performance of the duties of his subordinates as such subordinates may beable to furnish to him.

(1) Subject to the provisions of article 311 of the Constitution and therules, the Commissioner of Police, Additional Commissioner of Police, Deputy Commissioner of Police,Additional Deputy Commissioner of Police, Principal of the Police Training College or of the PoliceTraining School or any other officer of equivalent rank, may award to any police officer of subordinaterank any of the following punishments, namely:u2014

(a) dismissal;

(b) removal from service;

(c) reduction in rank;

(d) forfeiture of approved service;

(e) reduction in pay;

(f) withholding of increment; and

(g) fine not exceeding one months pay.

(2) Subject to the rulesu2014

(a) any police officer specified in sub-section (1) may award the punishment of censure to anypolice officer of subordinate rank;

(b) the Assistant Commissioner of Police may award the punishment of censure to police officersof, or below, the rank of Sub-Inspectors of Police;

(c) any police officer of, and above, the rank of Inspector may award punishment drill notexceeding fifteen days or fatigue duty or any other punitive duty to constables.

(3) Nothing in sub-section (1) or sub-section (2) shall affect any police officers liability forprosecution and punishment for any offence committed by him.

(4) The Commissioner of Police, Additional Commissioner of Police, Deputy Commissioner ofPolice, Additional Deputy Commissioner of Police, Principal of the Police Training College or of thePolice Training School, Assistant Commissioner of Police, or any other police officer of equivalent rankmay suspend any police officer of subordinate rank who is reasonably suspected to be guilty ofmisconduct, pending an investigation or enquiry into such misconduct.

(5) An Inspector of Police may suspend any police officer below the rank of Sub-Inspector of Police,who is reasonably suspected to be guilty of misconduct, pending an investigation or enquiry into suchmisconduct.

When any officer passes an order of awarding apunishment of dismissal, removal from service, reduction in rank, forfeiture of service, reduction in pay,withholding of increments or fine, he shall record such order or cause the same to be recorded togetherwith the reasons therefor, in accordance with the rules.

An appeal against any order of punishment passed againsta police officer under section 21 or the rules thereunder not being an order of punishment underclause(c) of sub-section (2) of that section shall lieu2014

(a) where the order is passed by the Commissioner of Police, to the Administrator;

(b) where the order is passed by an Additional Commissioner of Police, to the Commissioner ofPolice;

(c) where the order is passed by a Deputy Commissioner of Police, Additional DeputyCommissioner of Police, Principal of the Police Training College or School, Assistant Commissionerof Police or any other officer of equivalent rank, to the Additional Commissioner of Police.

Every police officer not on leave or under suspension shall for all purposes of this Act bedeemed to be always on duty and any police officer or any number or body of police officers allocated forduty in any part of Delhi may, if the Commissioner of Police so directs, at any time, be employed onpolice duty in any other part of Delhi for so long as the services of the police officer or number or body ofpolice officers may be required in such other part of Delhi.

(1) Resignationof any police officer of subordinate rank may be accepted only by the officer empowered to appoint (theofficer so empowered to appoint being hereafter in this section referred to as the appointing authority)officers of such subordinate rank.

(2) A police officer of subordinate rank who intends to resign from police service shall give to theappointing authority notice in writing to that effect and shall not be permitted to withdraw himself fromduty unless he has been granted permission to resign by such authority and two months have elapsed fromthe date on which he tendered his resignation:

Provided that the appointing authority may at his discretion, permit a Head Constable or a constableto withdraw himself from duty on his crediting to the Government two months pay in lieu of notice.

(3) A Head Constable or a constable who has agreed to serve for any specific period may not bepermitted to resign before the expiry of that period.

(4) Inspectors, Sub-Inspectors or Assistant Sub-Inspectors of Police, whose appointments involvetraining at any Police Training College or Police Training School may not be permitted to resign withinthree years from the date of their successfully completing the training.

(5) No police officer of subordinate rank whose resignation has been accepted by the appointingauthority shall be permitted to withdraw from duty until he has fully discharged all debts, due from him assuch police officer to Government or to any police fund and has surrendered his certificate of appointment, arms, accoutrements, uniform and all other Government property in his possession and hasalso rendered a complete account of all Government money and property for which he is responsible.

(6) Notwithstanding anything contained in this section if any police officer of subordinate ranktenders his resignation on medical grounds and produces a certificate signed by the police surgeon or anyother medical officer authorised by the Administrator in this behalf declaring him to be unfit by reason ofdisease or mental or physical incapacity for further service in the police, the appointing authority shallforthwith permit him to withdraw from duty on his discharging, or giving a satisfactory security for thepayment of, any debt due from him as such police officer to Government or to any police fund:

Provided that he shall forthwith return the certificate of appointment, arms, accoutrements, uniformand all other Government property in his possession before he is permitted to withdraw from duty.

(7) If any such police officer of subordinate rank resigns or withdraws himself from the duties of hisoffice in contravention of this section, he shall be liable on the orders of the appointing authority to forfeitall arrears of pay then due to him in addition to the penalty to which he may be liable under section 22 orany other law for the time being in force.

(8) Every such police officer on leaving the service in the Delhi police as aforesaid shall be given bythe appointing authority a Discharge Certificate in such form as may be prescribed.

(1) Everyperson who for any reason ceases to be a police officer shall forthwith deliver to the officer empoweredby the Commissioner of Police, the Additional Commissioner of Police, Deputy Commissioner of Police,Principal of the Police Training College or of the Police Training School, Additional DeputyCommissioner of Police or any other officer of equivalent rank to whom such officer is subordinate, toreceive the same, his certificate of appointment and the arms, accoutrements, clothing and otheraccessories which have been provided to him for the performance of duties and functions connected withhis office.

(2) (a) Any Metropolitan Magistrate and, for special reasons which shall be recorded in writing at thetime, the Commissioner of Police, Additional Commissioner of Police, Principal of the Police TrainingCollege or of the Police Training School or a Deputy Commissioner, Additional Deputy Commissioner oran Assistant Commissioner of Police may issue a warrant to search for and seize wherever they be found,any certificate, arms, accoutrements, clothing or other accessories not delivered under sub-section (1).

(b) Every warrant so issued shall be executed by a police officer or, if the Metropolitan Magistrate orthe police officer issuing the warrant so directs, by any other person in the same manner as if it were awarrant for a search issued under the Code of Criminal Procedure, 1973 (2 of 1974).

(3) Nothing in this section shall apply in relation to any article which under the orders of theCommissioner of Police has become the property of the person to whom the same was provided.

(1) A policeofficer occupying any premises provided by the Commissioner of Police for his residence shallu2014

(a) occupy the same subject to such terms and conditions as may, by general or special order, bespecified by the Commissioner of Police; and

(b) notwithstanding anything contained in any law for the time being in force, vacate the same onhis ceasing to be a police officer or whenever the Commissioner of Police or any officer authorised bythe Administrator in this behalf considers it, for reasons to be recorded in writing, necessary andexpedient to require him to do so.

(2) If any person who is bound or required under sub-section (1) to vacate any premises fails to do so,the Administrator or the officer authorised in this behalf by the Administrator may order such person tovacate the premises and may direct any police officer with such assistance as may be necessary to enterupon the premises and remove therefrom any person found therein and to take possession of the premisesand deliver the same to any person specified in the direction.

(1) The Commissioner of Police may, by notification in the Official Gazette, makeregulations to provide for all or any of the following matters, namely:

(a) licensing and controlling persons offering themselves for employment, outside railwaystations and other places where passengers arrive, for the carriage of passengers baggages and fixingand providing for the enforcement of a scale of charges for the labour of such persons so employed;

(b) regulating traffic of all kinds in streets and other public places, and the use of streets and otherpublic places by persons riding, driving, cycling, walking or leading or accompanying cattle, so as toprevent danger, obstruction or inconvenience to the public;

(c) regulating the conditions under which vehicles may remain standing in streets and other publicplaces, and the use of streets as halting places for vehicles or cattle;

(d) specifying the number and position of lights to be used on vehicles in streets and the hoursbetween which such lights should be used;

(e) licensing, controlling or prohibiting the erection, exhibition, fixation or retention of any sign,device or representation for the purpose of advertisement, which is visible against the sky from somepoint in any street and is hoisted or held aloft over any land, building or structure at such height asmay be specified in the regulations, having regard to the traffic in the vicinity, and the likelihood ofsuch sign, device or representation at that height being a distraction, or causing obstruction, to suchtraffic;

(f) specifying certain hours of the day during which cattle shall not be driven, or, as the case maybe, driven only in accordance with such regulations, along the streets, or along certain specifiedstreets;

(g) regulating the leading, driving, conducting or conveying of any elephant or wild or dangerousanimal through or in any street;

(h) regulating and controlling the manner and mode of conveying timber, scaffold poles, ladders,iron girders, beams or bars, boilers or other unwieldy articles through the streets, and the route andhours for such conveyance;

(i) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk,danger or damage to the residents or passengers in the vicinity, prohibiting the carrying in streets andpublic places of gunpowder or any other explosive substance;

(j) prohibiting, except along certain specified streets and during specified hours and subject tosuch conditions as may be specified in that behalf, the exposure or movement in any street of personsor animals suffering from contagious or infectious diseases, the carcasses of animals or parts of suchcarcasses or corpses of persons deceased;

(k) specifying certain hours of the day during which ordure or offensive matter or objects shallnot be taken from or into houses or buildings in certain streets or conveyed through such streetsexcept in accordance with such regulations;

(l) setting apart places for slaughtering animals, the cleaning of carcasses or hides, the deposit ofnoxious or offensive matter and for obeying calls of nature;

(m) in cases of existing or apprehended epidemic or infectious disease of men or animals, thecleanliness and disinfection of premises by the occupier thereof and residents therein and thesegregation and management of the persons or animals diseased or supposed to be diseased, as mayhave been directed or approved by the Administrator, with a view to prevent the disease or check thespread thereof;

(n) directing the closing or disuse, wholly or for certain purposes, or limiting to certain purposesonly, the use of any source, supply or receptacle of water and providing against pollution of the sameor of the water therein;

(o) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk,danger or damage to the residents or passengers in the vicinity, prohibiting the playing of music, thebeating of drums, tom-toms or other instruments and the blowing or sounding of horns or other noisyinstruments in or near streets or other public places;

(p) regulating the conduct of or behaviour or action of persons constituting assemblies andprocessions on or along the streets and specifying in the case of processions, the routes by which, theorder in which, and the times at which, the same may pass;

(q) prohibiting the hanging or placing of any cord or pole across a street or part thereof, or themaking of a projection or structure so as to obstruct traffic or the free access of light and air;

(r) prohibiting, except in accordance with such regulations, the placing of building materials orother articles or the fastening or detention of any horse or other animals in any street or public place;

(s) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance, risk,danger or damage to the residents or passengers in the vicinity, prohibiting

(i) the illumination of streets and public places and the exteriors of building abutting thereonby persons other than servants of Government or Corporation or other Municipal officers dulyauthorised in that behalf,

(ii) the blasting of rock or making excavations in or near streets or public places,

(iii) the using of loudspeaker in or near any public place or in any place of publicentertainment;

(t) closing certain streets or places temporarily, in cases of danger from ruinous buildings or othercause, with such exceptions as shall appear reasonable;

(u) guarding against injury to person and property in the construction, repair and demolition ofbuildings, platforms and other structures from which danger may arise to passengers, neighbours orthe public;

(v) prohibiting the setting of fire to or burning of any straw or other matter, or lighting a bonfireor wantonly discharging a fire-arm or air-gun, or letting off or throwing a fire work or, sending up afire balloon or rocket in or upon a street or within fifty feet of a street or building or the putting up ofany post or other thing on the side of or across a street for the purpose of affixing thereto lamps orother contrivances for illumination except in accordance with regulations in this behalf;

(w) regulating the hours during which and the manner in which any place for the disposal of thedead, any dharmashala, village-gate or other place of public resort may be used, so as to secure theequal and appropriate application of its advantages and accommodation and to maintain orderlyconduct amongst those who resort thereto;

(x) (i) licensing or controlling places of public amusement or public entertainment;

(ii) prohibiting the keeping of places of public amusement or public entertainment or assembly, inorder to prevent obstruction, inconvenience, annoyance, risk, danger or damage to the residents orpassengers in the vicinity; and

(iii) regulating the means of entrance and exit at places of public amusement or publicentertainment or assembly and providing for the maintenance of public order and the prevention ofdisturbance thereat;

(y) (i) licensing or controlling in the interest of public order, decency or morality or in the interestof the general public (with such exceptions as may be specified in such regulations), musical,dancing, mimetic or theatrical or other performances for public amusement, including melas;

(ii) regulating in the interest of public order, decency or morality or in the interest of the generalpublic, the employment of artists and the conduct of the artists and the audience at suchperformances;

(iii) prior scrutiny of such performance and of the scripts in respect thereof, if any, and grantingof suitability certificate therefor subject to conditions, if any, by a Board appointed by theAdministrator for the purpose, either for the whole of Delhi or for the area concerned or by anAdvisory Committee constituted by the Commissioner of Police (the members of the Board or theAdvisory Committee being persons who in the opinion of the Administrator or, as the case may be,the Commissioner, possess knowledge of, or experience in, literature, the theatre and other mattersrelevant to such scrutiny), provision for appeal against the order or decision of the Board or theAdvisory Committee to an appellate authority, its appointment or constitution, its procedure and othermatters ancillary thereto, and the fees (whether in the form of court-fee stamps or otherwise) to becharged for the scrutiny of such performances or scripts, for applications for obtaining suchcertificates and for issuing duplicates thereof and in respect of such appeals and any suchperformances and of the scripts in respect thereof granted suitability certificate by any State shall beexempted from this section;

(iv) regulating the hours during which and the places at which such performances may be given;

(z) regulating or prohibiting the sale of any ticket or pass for admission, by whatever name called,to a place of public amusement;

(za) registration of eating houses, including granting a certificate of registration in each case,which shall be deemed to be a written permission required and obtained under this Act for keepingthe eating house, and annual renewal of such registration within a specified period;

(zb) prescribing the procedure in accordance with which any licence or permission sought to beobtained or required under this Act should be applied for and fixing the fees to be charged for anysuch licence or permission:

Provided that nothing in this section and no licence or certificate of registration granted under anyregulation made thereunder shall authorise any person to import, export, transport, manufacture, sell orpossess any liquor, or intoxicating drug, in respect of which a licence, permit, pass or authorisation isrequired under any law relating to prohibition which is for the time being in force.

(2) The power to make regulations under clause (b) of sub-section (1) shall be subject to the controlof the Administrator and the power to make regulations under the other clauses of that sub-section shallbe subject to the previous sanction of the Administrator.

(3) The power of making regulations under this section shall be subject to the condition of theregulations being made, after previous publication and for the purposes of section 23 of the GeneralClauses Act, 1897 (10 of 1897) such regulations shall be deemed to be rules; and every regulation made,under this section, shall also be published in the locality affected thereby by affixing copies thereof inconspicuous places near to the building, structure, work or place, as the case may be, to which the samespecially relates or by proclaiming the same by the beating of drum or by advertising the same in suchlocal newspapers in Hindi, Urdu and English, or in two or more of these languages, as the Commissionerof Police may deem fit, or by any two or more of these means, or by any other means he may thinksuitable:

Provided that any such regulation may be made without previous publication if the Commissioner ofPolice is satisfied that circumstances exist which render it necessary that such regulation should bebrought into force at once.

(4) If any regulation made under this section relates to any matter with respect to which there is aprovision in any law, rule or bye-law of the Corporation or of any other municipal or local authority inrelation to public health, convenience or safety of the locality such regulation shall be subject to such law,rule or bye-law.

The Commissioner of Police and, subject to the orders,if any, made by the Commissioner of Police, every police officer not inferior in rank to an Inspector, mayfrom time to time as occasion may arise, but not so as to contravene any regulation made under section 28or any law, rule, or bye-law referred to in sub-section (4) of that section, give all such orders either orallyor in writing as may be necessary tou2014

(a) direct the conduct of, and behaviour or action of persons constituting processions orassemblies on or along streets;

(b) specify the routes by which and the times at which any such processions may pass or shall notpass;

(c) prevent obstructionsu2014

(i) on the occasion of all processions and assemblies; and

(ii) in the neighbourhood of all places of worship during the time of worship; and

(iii) in all cases when any street or public place or place of public resort may be thronged orliable to be obstructed;

(d) keep order on, and in, all streets, and at, and within, public bathing and washing places, fairs,temples, mosques, gurdwaras, churches and all other places of public resort or public worship;

(e) regulate and control the playing of music, singing or the beating of drums, tom-toms and otherinstruments and the blowing or sounding of horns or other noisy instruments in, and near, any streetor public place;

(f) regulate and control the use of loudspeakers in residential areas, streets, near any public placesand places of public amusement or public entertainment; or

(g) make reasonable orders consequential to, and in furtherance of, any order made under thissection.

(1) The Commissioner of Policemay, whenever and for such time as he shall consider necessary for the preservation of public peace orpublic safety, by notification publicly promulgated or addressed to individuals, prohibit, in relation to thewhole of Delhi or any part thereof,u2014

(a) the carrying of arms, cudgels, swords, spears, bludgeons, guns, knives, sticks or lathis, or anyother article, which is capable of being used for causing physical violence;

(b) the carrying of any corrosive substance or explosives;

(c) the carrying, collection or preparation of stones or other missiles or instruments or means ofcasting or impelling missiles;

(d) the exhibition of persons or corpses;

(e) the public utterance of cries, singing of songs or playing of music; or

(f) the delivery of harangues, the use of gestures or mimetic representations, and the preparation,exhibition or dissemination of pictures, symbols, placards or any other subject or thing which may, inthe opinion of the Commissioner of Police, offend against decency or morality or undermine thesecurity of the State.

(2) If any person goes armed with any such article as is referred to in clause (a) of sub-section (1) orcarries any corrosive substance or explosive or missile or instrument in contravention of any prohibitionunder that sub-section, the article, corrosive substance or explosive or missile shall be liable to be seizedfrom him by any police officer.

(3) The Commissioner of Police may, by notification publicly promulgated, prohibit any assembly orprocession whenever and for such time as he considers such prohibition to be necessary for thepreservation of the public order.

(4) No notification promulgated under sub-section (3) shall remain in force for more than fifteen daysfrom the promulgation thereof:

Provided that if the Administrator considers it necessary so to do for the preservation of the publicorder, he may, by order published in the Official Gazette, direct that such notification shall remain inforce for such further period not exceeding six months from the date on which it would have, but for suchorder, expired as he may specify in the said order.

(1) For the purpose of preventing serious disorder or breach of the law or manifest andimminent danger to the persons assembled at any place of public amusement or at any assembly ormeeting to which the public are invited or which is open to the public, any police officer of the rank ofAssistant Sub-Inspector and above, present at such place of public amusement, or such assembly ormeeting, may subject to such rules, regulations and orders as may have been lawfully made, give suchreasonable directions as to the mode of admission of the public to, and for securing the peaceful andlawful conduct of the proceedings and the maintenance of the public safety at, such place of amusementor such assembly or meeting as he thinks necessary and all persons shall be bound to conform to everysuch reasonable direction.

(2) Every police officer shall have free access to every place of public amusement, assembly ormeeting for the purpose of giving effect to the provisions of sub-section (1) and to any direction madethereunder.

(1) If the Commissioner ofPolice is satisfied from the report of an officer in charge of a Police Station, or other information receivedby him, that it is necessary to do so in order to prevent annoyance, disturbance, discomfort or injury, orrisk of annoyance, disturbance, discomfort or injury, to the public or to any person who dwells, oroccupies property, in the vicinity, he may, by written order, issue such directions as he may considernecessary to any person for preventing, prohibiting, controlling or regulatingu2014

(a) the incidence or continuance in any street, open space or any other premises ofu2014

(i) any vocal or instrumental music;

(ii) sounds caused by the playing, beating, clashing, blowing or use in any mannerwhatsoever of any instrument, appliance or apparatus or contrivance which is capable ofproducing or reproducing sound; or

(iii) use of loudspeaker or other apparatus for amplifying any musical or other sound at suchpitch or volume as may cause disturbance to others, or

(b) the carrying on, in any premises, of any trade, avocation or operation resulting in or attendedwith noise:

Provided that no directions shall be issued to any person under clause (b) without giving to suchperson an opportunity of being heard in the matter.

(2) The Commissioner of Police may, either on his own motion or on the application of any personaggrieved by an order made under sub-section (1), either rescind, modify or alter any such order:

Provided that before any such application is disposed of, the Commissioner of Police shall afford tothe applicant an opportunity of appearing, before him either in person or by counsel and showing causeagainst the order and shall, if he rejects any such application either wholly or in part, record the reasonsfor such rejection.

(1) In order to prevent or suppress any riot or gravedisturbance of peace, the Commissioner of Police may temporarily close or take possession of anybuilding or other place and may exclude all or any persons therefrom, or may allow access thereto to suchpersons only and on such terms as he shall deem expedient and all persons concerned shall be bound toconduct themselves in accordance with such orders as the Commissioner of Police may make and notifyin exercise of his powers under this section.

(2) If the lawful occupant of such building or place suffers any loss or injury by reason of the actiontaken under sub-section (1), he shall be entitled, on an application made therefor to the competentauthority within one month from the date of such action, to receive reasonable compensation for such lossor injury, unless such action was in the opinion of such competent authority rendered necessary either bythe use to which such building or place was put, or intended to be put, or by the misconduct of personshaving access thereto.

(3) In the event of any dispute in relation to the amount of compensation payable undersub-section (2) or the person to whom such amount shall be payable, the matter shall be referred by thecompetent authority to the District Collector whose decision thereon shall be final.

(1) In any case of an actual orintended religious or ceremonial or corporate display or exhibition or organised assemblage in any streetor public place, as to which or the conduct of, or participation in, which, it shall appear to the competentauthority that a dispute or contention exists, which is likely to lead to grave disturbance of the peace, thecompetent authority may give such orders as to the conduct of the persons concerned towards each otherand towards the public as it shall deem necessary and reasonable under the circumstances, regard beinghad to the apparent legal rights and to any established practice of the parties and of the persons interestedand all persons concerned shall obey such orders.

(2) Every such order shall be published in the locality or place wherein it is to operate.

(3) Every order under sub-section (1) shall be subject to any judgment, decree, injunction or ordermade by a court having jurisdiction, and shall be rescinded or altered on its being made to appear to thecompetent authority that such order is inconsistent with a judgment, decree, injunction or order of suchcourt.

(1) Whenever it shall appear to the Commissioner of Police that any place in Delhi (beinga place where on account of a pilgrimage, fair or other such occurrence, large bodies of persons haveassembled or are likely to assemble) is visited or likely to be visited with an outbreak of any epidemicdisease, he may in consultation with the Corporation or municipality within the local limits of thejurisdiction whereof such place is situated take such special measures and may by a public noticeprescribe such regulations to be observed by residents of the said place and persons present thereat orrepairing thereto or returning therefrom as he deems necessary to prevent the outbreak of such disease orthe spread thereof.

(2) The expenses incurred by the Commissioner of Police in respect of the arrangements for sanitation and the preservation of order at or about the place of assembly referred to in sub-section (1) may be recovered from the Corporation or the municipality concerned.

(1) The Commissioner of Police may, by public notice, temporarilyreserve for any public purpose any street or other public place and prohibit persons from entering the areaso reserved, except on such conditions as may be specified by him.

(2) The Commissioner of Police may, whenever in his opinion such action is necessary,u2014

(a) authorise such police officer as he thinks fit to erect barriers on any street for the purpose ofstopping temporarily vehicles driven on such street so as to satisfy himself that the provisions of anylaw for the time being in force have not been contravened in respect of any such vehicle or by thedriver or the person in charge of such vehicle; and

(b) make such orders as he deems fit for regulating the use of such barriers.

(1)The Commissioner of Police may, from time to time, make regulations prohibiting the disposal of thedead, whether by cremation, burial or otherwise at places other than those set apart for such purpose:

Provided that no such regulations shall be made in respect of any area for which places have not beenso set apart:

Provided further that the Commissioner of Police or any officer authorised by him in this behalf may,in his discretion, on an application made to him by any person, grant to such person permission to disposeof the corpse of any deceased person at any place other than a place so set apart, if in his opinion suchdisposal is not likely to cause obstruction to traffic or disturbance of the public peace or is notobjectionable for any other reason.

(2) Any regulations made under sub-section (1) shall specify the places set apart for the disposal ofthe dead of different communities or sections of communities.

(3) All such regulations shall be deemed to be rules for the purposes of section 23 of the GeneralClauses Act, 1897 (10 of 1897) and shall be subject to the conditions of previous publication and the dateto be specified under clause (3) of that section shall not be earlier than two months from the date on whichthe draft of the proposed regulations is published.

(1) The Commissioner of Police may, on theapplication of any person, depute any additional number of police to keep the peace, to preserve order, toenforce any of the provisions of this Act or of any other law in respect of any particular class or classes ofoffences or to perform any other duties imposed on the police at any place in Delhi.

(2) Such additional police shall be employed at the cost (which shall be determined by theCommissioner of Police in accordance with the rules made in this behalf) of the person making theapplication, but shall be subject to the orders of the police authorities and shall be employed for suchperiod as the Commissioner of Police considers necessary.

(3) If the person upon whose application such additional police are employed shall at any time make awritten requisition to the Commissioner of Police for the withdrawal of the said police, he shall berelieved from the cost thereof at the expiration of such period not exceeding one week from the date ofthe delivery of such requisition as the Commissioner of Police shall determine.

(4) Where there is any dispute as to the amount to be paid by way of cost, the Commissioner of Policeshall, on an application made in that behalf by the aggrieved party, refer the matter to the DistrictCollector, whose decision thereon shall be final.

(1) If in theopinion of the Administrator any area in Delhi is in a disturbed or dangerous condition or the conduct ofthe inhabitants or of any particular section or the class of the inhabitants of such area renders it expedientto employ temporarily additional police in the area, he may, by notification in the Official Gazette,specify the area (hereafter in this section referred to as the disturbed area) in which, and the period forwhich, the additional police shall be employed and thereupon the Commissioner of Police shall deputesuch number of additional police officers as he considers necessary, in the disturbed area:

Provided that the period so specified may be extended by the Administrator from time to time, if inhis opinion it is necessary so to do in the interests of the public.

(2) On the issue of a notification under sub-section (1), the Administrator may require the DistrictCollector, or any other authority specified by the Administrator, to recover, whether in whole or in part,the cost of such additional police generally from all persons who are inhabitants of the disturbed area orspecially from any particular section or class of such persons, and in such proportion as the Administratormay direct.

(3) It shall be lawful for the Administrator to exempt, by order in writing, and for sufficient reasons,any person from liability to bear any portion of the cost of such additional police.

Explanation.u2014In this section and in section 41, the expression inhabitants, when used in relation toany disturbed area, includes persons who themselves or by their agents or servants occupy or hold land orother immovable property within such area and landlords who themselves or by their agents or servantscollect rent from holders or occupants of land in such area notwithstanding that they do not actually residetherein.

(1) Whenever it appears to the Administrator or to the competent authority thatu2014

(a) any large work which is being carried on or any public amusement which is being conductedin any place is likely to impede the traffic or to attract a large number of people; or

(b) the behaviour or a reasonable apprehension of the behaviour of the persons employed on anyrailway, canal or other public work, or in or upon any manufactory or other commercial concern,under construction or in operation at any place necessitates the employment of additional police atsuch place,

the Administrator, or the competent authority, as the case may be, may depute such number of additionalpolice to the said place for so long as the necessity to employ the additional police shall appear to theAdministrator or the competent authority to continue.

(2) Such additional police shall be employed at the cost of the person by whom the work, publicamusement, manufactory or concern is being constructed, conducted or carried on and the said personshall pay the costs therefor at such rates as the Administrator or the competent authority, as the case maybe, shall from time to time require.

(1) When any lossor damage is caused to any property or when death results or grievous hurt is caused to any person orpersons, by anything done in the prosecution of the common object of an unlawful assembly, theAdministrator may, by notification in the Official Gazette, specify the area (hereafter in this section calledthe "disturbed area") in which, and the date on which or the period during which, such unlawful assemblywas, in his opinion, held.

(2) On the issue of a notification under sub-section (1), the District Collector may, after such inquiryas he deems necessary, determine the amount of the compensation which, in his opinion, should be paidto any person or persons in respect of the loss or damage or death or grievous hurt aforesaid.

(3) The amount of the compensation shall be deemed to be a fine imposed under this section, andshall be payable by the inhabitants of the disturbed area.

(4) It shall be lawful for the District Collector to exempt, by order in writing and for sufficientreasons, any person from liability to pay any portion of the compensation amount.

In the event of any dispute relating to the cost payable under section 39 or section 40 or the compensationdetermined under section 41 or the person or persons or the section or class of persons by whom or theproportion in which such cost or compensation should be paid, the matter shall be referred by theCollector, or the Administrator or the competent authority, as the case may be, on an application made inthat behalf by the aggrieved party, to the Chief Metropolitan Magistrate, whose decision thereon shall befinal.

Any amount payable undersection 38, section 39, section 40 or section 41 shall be recovered in the same manner as if it were anarrear of land revenue.

(1) Amounts payable under section 38, section 39,section 40 or section 41 shall, when recovered, be credited to the Government.

(2) The District Collector shall pay, from the amounts recovered by him as compensation payableunder section 41, such amount as he deems just and proper by way of compensation to any person whohas suffered loss or damage to property or grievous hurt or to the legal heirs of any person who died, byreason of anything done in the prosecution of the common object of the unlawful assembly.

(3) No compensation shall be paid under this section, except when a claim has been made thereforwithin forty-five days from the date of the notification referred to in sub-section (1) of section 41 and theDistrict Collector is satisfied that the claimant, where the claim is by the person who suffered the loss,damage or grievous hurt, or the deceased, where the claim is by the legal heirs of such deceased, has beenfree from blame in connection with the occurrence which led to the loss, damage, grievous hurt or death.

(4) The compensation payable to any person under sub-section (2) shall not in any way be capable ofbeing assigned or charged or be liable to attachment or to pass to any person other than the person entitledto it by operation of law, nor shall any claim be set off against the same.

(5) No civil suit shall be maintainable in respect of any loss, damage or grievous hurt for whichcompensation has been granted under this section.

Without prejudice to the provisionscontained in section 43, all amounts payable under section 39 or section 41 shall be recoverable in themanner provided in sections 421 and 422 of the Code of Criminal Procedure, 1973 (2 of 1974), as if eachsuch amount were a fine imposed on an offender by a court.

Whenever it appears to the Commissioner of Policethat the movement or encampment of any gang or body of persons in any part of Delhi is causing or iscalculated to cause danger to person or property or alarm or reasonable suspicion that unlawful designsare entertained by such gang or body of persons or by members thereof, the Commissioner of Police may,by order addressed to the persons appearing to be the leaders or chief men of such gang or body ofpersons and published by announcement or beat of drums, or otherwise as the Commissioner of Policethinks fit direct the members of such gang or body of personsu2014

(a) to so conduct themselves as shall seem necessary in order to prevent violence and alarm; or

(b) to disperse and to remove themselves beyond the limits of Delhi, or any part thereof, withinsuch time as the Commissioner of Police shall specify and not to enter Delhi or the part thereof, as thecase may be, from which they were directed to remove themselves.

Whenever it appears to the Commissioner ofPoliceu2014

(a) that the movements or acts of any person are causing or are calculated to cause alarm, dangeror harm to person or property; or

(b) that there are reasonable grounds for believing that such person is engaged or is about to beengaged in the commission of an offence involving force or violence or an offence punishable underChapter XII, Chapter XVI, Chapter XVII or Chapter XXII of the Indian Penal Code (45 of 1860) orunder section 290 or sections 489A to 489E (both inclusive) of that Code or in the abetment of anysuch offence; or

(c) that such personu2014

(i) is so desperate and dangerous as to render his being at large in Delhi or in any part thereofhazardous to the community; or

(ii) has been found habitually intimidating other persons by acts of violence or by show offorce; or

(iii) habitually commits affray or breach of peace or riot, or habitually makes forciblecollection of subscription or threatens people for illegal pecuniary gain for himself or forothers; or

(iv) has been habitually passing indecent remarks on women and girls, or teasing them byovertures;

and that in the opinion of the Commissioner of Police witnesses are not willing to come forward to giveevidence in public against such person by reason of apprehension on their part as regards the safety oftheir person or property, the Commissioner of Police may, by order in writing duly served on such person,or by beat of drum or otherwise as he thinks fit, direct such person to so conduct himself as shall seemnecessary in order to prevent violence and alarm or to remove himself outside Delhi or any part thereof,by such route and within such time as the Commissioner of Police may specify and not to enter or returnto Delhi or part thereof, as the case may be, from which he was directed to remove himself.

Explanation.u2014A person who during a period within one year immediately preceding thecommencement of an action under this section has been found on not less than three occasions to havecommitted or to have been involved in any of the acts referred to in this section shall be deemed to havehabitually committed that act.

If a person has been convictedu2014

(a) of an offence under Chapter XII, Chapter XVI or Chapter XVII of the Indian PenalCode (45 of 1860); or

(b) of an offence under section 3 or section 4 of the Delhi Public GamblingAct, 1955 (Delhi Act 9 of 1955), or under section 12 of that Act in so far as it relates to sattagambling or on two or more occasions under any other provision of that Act (including section 12 ofthat Act in so far as it does not relate to satta gambling); or

(c) of any offence under the Suppression of Immoral Traffic in Women and GirlsAct, 1956 (104 of 1956); or

(d) of any offence under section 25, section 26, section 27, section 28 or section 29 of the ArmsAct, 1959 (54 of 1959); or

(e) of any offence under section 135 of the Customs Act, 1962 (52 of 1962); or

(f) of any offence under section 61, section 63 or section 66 of the Punjab ExciseAct, 1955 (Punjab Act No. 18 of 1955), as in force in Delhi; or

(g) on two or more occasions of an offence underu2014

(i) the Opium Act, 1878 (1 of 1878); or

(ii) the Dangerous Drugs Act, 1930 (2 of 1930); or

(iii) the Drugs and Cosmetics Act, 1940 (23 of 1940); or

(iv) section 11 of the Bombay Prevention of Begging Act, 1959 (Bombay ActNo. 10 of 1960), as in force in Delhi; or

(h) on three or more occasions of an offence under section 105 or section 107 of this Act,

the Commissioner of Police may, if he has reason to believe that such person is likely again to engagehimself in the commission of any of the offences referred to in this section, by order in writing, directsuch person to remove himself beyond the limits of Delhi or any part thereof, by such route and withinsuch time as the Commissioner of Police may specify and not to enter or return to Delhi or any partthereof, as the case may be, from which he was directed to remove himself.

Any direction made undersection 46, section 47 or seclion 48 not to enter Delhi or any part thereof, shall be for such period as maybe specified therein, and shall in no case exceed a period of two years from the date on which it wasmade.

(1) Before an orderunder section 46, section 47 or section 48 is made against any person, the Commissioner of Police shallby notice in writing inform him of the general nature of the material allegations against him and give hima reasonable opportunity of tendering an explanation regarding them.

(2) If such person makes an application for the examination of any witness to be produced by him, theCommissioner of Police shall grant such application and examine such witness, unless for reasons to berecorded in writing, the Commissioner of Police is of opinion that such application is made for thepurpose of causing vexation or delay.

(3) Any written explanation put in by such person shall be filed with the record of the case.

(4) Such person shall be entitled to be represented in the proceeding before the Commissioner ofPolice by a counsel.

(5) (a) The Commissioner of Police may for the purpose of securing the attendance of any personagainst whom any order is proposed to be made under section 46, section 47 or section 48 require suchperson, by order in writing, to appear before him and to furnish a security bond with or without suretiesfor attendance during the inquiry.

(b) The provisions of sections 119 to 124 (both inclusive) of the Code of CriminalProcedure, 1973 (2 of 1974), shall, so far as may be, apply in relation to the order under clause (a) tofurnish security bond.

(6) Without prejudice to the foregoing provisions, the Commissioner of Police, while issuing notice toany person under sub-section (1) may issue a warrant for his arrest and the provisions of sections 70 to 89(both inclusive) of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far as may be, apply inrelation to such warrant.

(7) The provisions of section 445, section 446, section 447 or section 448 of the Code of CriminalProcedure, 1973 (2 of 1974), shall, so far as may be, apply in relation to all bonds executed under thissection.

(1) Any person aggrieved by an order madeunder section 46, section 47 or section 48 may appeal to the Administrator within thirty days from thedate of the service of such order on him.

(2) An appeal under this section shall be preferred in duplicate in the form of a memorandum, settingforth concisely the grounds of objection to the order appealed against, and shall be accompanied by thatorder or a certified copy thereof.

(3) On receipt of such appeal, the Administrator may, after giving a reasonable opportunity to theappellant to be heard either personally or by a counsel and after such further inquiry, if any, as he maydeem necessary, confirm, vary or set aside the order appealed against:

Provided that the order appealed against shall remain in force pending the disposal of the appeal,unless the Administrator otherwise directs.

(4) The Administrator shall make every endeavour to dispose of an appeal under this section within aperiod of three months from the date of receipt of such appeal.

(5) In calculating the period of thirty days provided for an appeal under this section, the time taken forobtaining a certified copy of the order appealed against, shall be excluded.

An order passed by the Commissioner of Police undersection 46, section 47 or section 48 or the Administrator under section 51 shall not be called in questionin any court except on the groundu2014

(a) that the Commissioner of Police or the Administrator, as the case may be, had not followedthe procedure laid down in sub-section (1), sub-section (2) or sub-section (4) of section 50 or insection 51, as the case may be; or

(b) that there was no material before the Commissioner of Police or the Administrator, as the casemay be, upon which he could have based his order; or

(c) in the case of an order made under section 47 or an order in appeal therefrom to theAdministrator under section 51, the Commissioner of Police or the Administrator, as the case may be,was not of the opinion that witnesses were unwilling to come forward to give evidence in publicagainst the person against whom such order has been made.

If aperson to whom a direction has been issued under section 46, section 47 or section 48 to remove himselffrom Delhi or any part thereofu2014

(a) fails to remove himself as directed; or

(b) having so removed himself enters Delhi or any part thereof within the period specified in theorder, otherwise than with the permission in writing of the Commissioner of Police under section 54,

the Commissioner of Police may cause him to be arrested and removed in police custody to such placeoutside Delhi or any part thereof as the Commissioner of Police may in each case specify.

(1) The Commissioner of Police or any other police officer specially empowered by theAdministrator in that behalf may, by order in writing, permit any person, in respect of whom an orderunder section 46, section 47 or section 48 has been made, to return to Delhi or any part thereof, fromwhich he was directed to remove himself, for such temporary period and subject to such conditions asmay be specified in such order and may require him to execute a bond with or without surety for the dueobservance of the conditions imposed.

(2) The Commissioner of Police may at any time revoke any such permission.

(3) Any person who with such permission returns to Delhi or any part thereof shall observe theconditions imposed, and at the expiry of the temporary period for which he was permitted to return, or onthe revocation of such permission before the expiry of such temporary period, shall remove himselfoutside Delhi or any part thereof, as the case may be, and shall not return thereto within the unexpiredportion of the period specified in the original order made under section 46, section 47 or section 48without a fresh permission.

(4) If such person fails to observe any of the conditions imposed, or to remove himself accordingly orhaving so removed himself enters or returns to Delhi or any part thereof, as the case may be, without freshpermission, the Commissioner of Police may cause him to be arrested and removed in police custody tosuch place outside Delhi or part thereof as the Commissioner of Police may in each case specify.

Every person against whom an order has been made under section 46,section 47 or section 48 shall, if so required by the Commissioner of Police, allow his measurements andphotograph to be taken by a police officer in the prescribed manner.

(1) If any person as aforesaid when required toallow his measurements or photograph to be taken resists or refuses to allow the taking of suchmeasurements or photograph, it shall be lawful to use all necessary means to secure the taking thereof.

(2) Resistance to or refusal to allow the taking of measurements or photographs under this Act shallbe deemed to be an offence under section 186 of the Indian Penal Code (45 of 1860).

(3) Where an order under section 46, section 47 or section 48 is set aside in appeal, all measurementsand photographs (including negatives) taken under this section shall be destroyed or made over to theperson against whom such order is made.

(1) If the Administrator issatisfied that the wearing in public, by any member of any body, or association or organisation, of anydress or article of apparel resembling any uniform required to be worn by a member of the Armed Forcesof the Union or by a member of any police force or of any force constituted by or under any law for thetime being in force, is likely to prejudice the security of the State or the maintenance of public order, hemay, by a general or special order, prohibit or restrict the wearing, or display, in public of any such dressor article or apparel by any member of such body or association or organisation.

(2) Every general or special order under sub-section (1) shall be published in the manner prescribedfor the publication of a public notice under section 142.

Explanation.u2014For the purposes of this section a dress or an article of apparel shall be deemed to beworn or displayed in public if it is worn or displayed in any place to which the public have access.

(1) For the protection of persons, the security of propertyand the public safety in any locality the Commissioner of Police may constitute voluntary bodies(hereafter in this section referred to as Defence Societies) in the prescribed manner.

(2) The Commissioner of Police or any officer of a Defence Society may at any time call up officerssubordinate to him or any member of a Defence Society for training or to discharge any of the dutiesunder this Act assigned to them.

(3) Every officer or member of a Defence Society shallu2014

(a) on appointment receive a certificate in such form as may be specified or approved by theAdministrator in this behalf; and

(b) when called up for duty have the same powers, privileges and protection as are vested in apolice officer appointed under this Act.

(4) Notwithstanding anything contained in any law for the time being in force, an officer or memberof a Defence Society shall not be disqualified for being chosen as, or for being, a member ofu2014

(a) the Delhi Metropolitan Council or the Municipal Corporation of Delhi; or

(b) any other local authority,

by reason of the fact that he is a member or officer of such Society.

(1) It shall be the duty of every policeofficer to ensure compliance with the provisions of this Act or any rule, regulation or order madethereunder and for that purpose such police officer may,u2014

(a) warn persons who from ignorance fail to comply with any provision of this Act or any rule,regulation or order made thereunder;

(b) require any person acting or about to act contrary to any provision of this Act or rule,regulation or order made thereunder, to desist from so doing;

(c) subject to the provisions of sub-sections (2) and (3), arrest any person contravening anyprovision of this Act or any rule, regulation or order made threunder, where such contravention is anoffence punishable under this Act;

(d) seize any object used, or about to be used, in contravening, or in contravention of, theprovisions of this Act or any rule, regulation or order made thereunder, where such contravention isan offence punishable under this Act.

(2) A police officer shall not arrest any person under clause (c) of sub-section (1) without a warrantissued by a Metropolitan Magistrate, unless such person,u2014

(a) has contravened any regulation made under clause (b) of sub-section (1) of section 28;

(b) has contravened any order or notification made under section 29, sub-section (1) orsub-section (2) of section 30, section 32, section 47, section 48 or sub-section (1) of section 57;

(c) commits in the presence of such police officer an offence punishable under section 97,sub-section (1) of section 108, clause (a), (b) or (c) of section 110 or sub-section (2) of section 113 inrespect of the contravention of any order made under section 33 or section 34;

(d) has committed, or is reasonably suspected to have committed, an offence punishable undersection 100 in relation to any dwelling house, private premises or any other land or ground attachedthereto:

Provided that the person in possession or having charge of that dwelling house, private premisesor land or ground complains of the commission of such offence;

(e) has committed, or is reasonably suspected to have committed an offence punishable undersection 101, section 102 or clause (c) of sub-section (2) of section 113;

(f) commits in his presence in any street or public place any non-cognizable offence punishableunder this Act or any rule or regulation made thereunder if such personu2014

(i) after being warned by the police officer persists in committing such offence; or

(ii) refuses to accompany the police officer to a police station on being required so to do.

(3) The Commissioner of Police or any other police officer especially empowered in this behalf bythe Commissioner of Police may arrest without a warrant issued by a Metropolitan Magistrate any personwho has committed an offence punishable under section 92.

It shall be the duty of every police officeru2014

(a) promptly to serve every summons and obey and execute every warrant or other order lawfullyissued to him by the competent authority and to comply with all lawful commands of his superior;

(b) to the best of his ability, to obtain intelligence concerning the commission of cognizableoffences or designs to commit such offences and to lay such information and to take such other stepsconsistent with law and with the orders of his superiors as shall be best calculated to bring offendersto justice and to prevent the commission of cognizable and, within his view, of non-cognizableoffences;

(c) to prevent to the best of his ability the commission of public nuisances;

(d) to apprehend without unreasonable delay all persons whom he is legally authorised toapprehend and for whose apprehension there is sufficient reason;

(e) to aid any other police officer when called upon by such other police officer or in the case ofneed in the discharge of the duty of such other police officer, in such ways as would be lawful andreasonable on the part of the officer aided;

(f) to prevent the breach of the public peace;

(g) to afford every assistance within his power to disabled or helpless persons in the streets;

(h) to take charge of intoxicated persons and of lunatics at large, who appear dangerous orincapable or taking care of themselves;

(i) to take prompt measures to procure necessary help for any person under arrest or in custody,who is wounded or sick and whilst guarding or conducting any such person to have due regard to hiscondition;

(j) to arrange for the proper sustenance and shelter of every person who is under arrest or incustody;

(k) in conducting searches, to refrain from needless rudeness and the causing of unnecessaryannoyance;

(l) in dealing with women and children, to act with strict regard to decency and with reasonablegentleness;

(m) to use his best endeavours to prevent any loss or damage by fire;

(n) to use his best endeavours to avert any accident or danger to the public;

(o) to regulate and control the traffic in the streets, to prevent obstructions therein and to the bestof his ability, to prevent the contravention of any rule, regulation or order made under this Act or anyother law in force for observance by the public in or near the streets;

(p) to keep order in the streets and at and within public bathing and washing places, fairs, templesand all other places of public resort and in the neighbourhood of places of public worship;

(q) to regulate resort to public bathing and washing places and all other places of public resort, toprevent overcrowding there and to the best of his ability, to prevent the contravention of anyregulation or order lawfully made for observance by the public at such place; and

(r) to discharge such other duties as are imposed upon him by any law for the time being in force.

Subject to the provisions of this Act and the rules,regulations and orders made thereunder, every police officer may, for the purpose of discharging any ofthe duties referred to in section 59 or section 60 enter without a warrant and inspect any place of publicresort which he has reason to believe is used as a place for the storing, sale or consumption of intoxicatingdrinks or narcotics or a place for resort of loose and disorderly characters.

When in a street or a place of public resort aperson is in possession or suspected to be in possession of any article which a police officer in good faithsuspects to be stolen property, such police officer may search such person and may require an account inrelation to any article found in his possession and should the account given by the possessor be manifestlyfalse or suspicious, may detain such article after giving to the possessor a receipt in the prescribed formand report the facts to a Metropolitan Magistrate who shall thereupon proceed according to the provisionsof sections 457, 458 and 459 of the Code of Criminal Procedure, 1973 (2 of 1974).

(1) The Administrator may, by notification in the Official Gazette,declare any specified service to be an essential service to the community.

(2) A declaration made under sub-section (1) shall remain in force for one month in the first instance,but may be extended from time to time by a like notification.

(3) Upon a declaration being made under sub-section (1) and so long as it remains in force, it shall bethe duty of every police officer to obey any order given by any superior officer in relation to anyemployment in connection with the service specified in the declaration.

Apolice officer of a rank superior to that of a constable may perform any duty assigned by law or by alawful order to any officer subordinate to him, and in the case of any duty imposed on such subordinate, asuperior may aid, supplement, supersede, or prevent any action of such subordinate by his own action orthat of any person lawfully acting under his command or authority, whenever the same shall appearnecessary or expedient for giving more complete or convenient effect to the law or for avoiding anyinfringement thereof.

(1) All personsshall be bound to comply with the reasonable directions given by a police officer in the discharge of hisduties under this Act.

(2) Where any person resists, refuses or fails to comply with any direction referred to insub-section (1), a police officer may, without prejudice to any other action that he may take under anyother provision of this Act or any other law for the time being in force, remove such person and eitherproduce him before a Metropolitan Magistrate or, in trivial cases, release him when the occasion whichnecessitated the removal has ceased to exist:

Provided that the person so removed shall in all cases be produced before the Metropolitan Magistrateor released, as the case may be, within a period of twenty-four hours of such removal.

(1) It shall be the duty of every police officer totake temporary chargeu2014

(a) of all unclaimed property found by, or made over to, him; and

(b) of all property found lying in any public street, if the owner or person in charge of suchproperty, on being directed to remove the same, refuses or fails to do so.

(2) The police officer taking charge of the property under sub-section (1) shall furnish an inventorythereof to the Commissioner of Police.

(1) Where anyproperty has been taken charge of under sub-section (1) of section 66, the Commissioner of Police shallissue a proclamation specifying the articles of which such property consists and requiring that any person who may have a claim thereto shall appear before him or some other officer whom he authorises in thisbehalf and establish his claim within six months from the date of such proclamation.

(2) If the property, or any part thereof, is subject to speedy and natural decay or consists of livestockor if the property appears to be of the value of less than fifty rupees, it may forthwith be sold by auctionunder the orders of the Commissioner of Police and the net proceeds of such sale shall be dealt with in thesame manner as is hereinafter provided for the disposal of the said property.

(3) Where any person who has a claim to the property is required by the proclamation undersub-section (1) to appear before the other officer authorised by the Commissioner of Police in that behalfand establish his claim, such officer shall forward the record of the proceedings before him with hisfindings thereon to the Commissioner of Police.

(1) The Commissioner of Police on being satisfied ofthe title of any claimant to the possession or administration of the property specified in the proclamationissued under sub-section (1) of section 67 order the same to be delivered to him, after deduction orpayment of the expenses incurred by the Delhi police in the seizure and detention thereof.

(2) The Commissioner of Police may, at his discretion, before making any order undersub-section (1), take such security as he may think proper from the person to whom the said property is tobe delivered and nothing hereinbefore contained shall affect the right of any person to recover the wholeor any part of the same from the person to whom it may have been delivered pursuant to such order.

(1) If no person establisheshis claim to such property within the period specified in the proclamation, the property, or such partthereof as has not already been sold under sub-section (2) of section 67, may be sold by auction under theorders of the Commissioner of Police and the proceeds thereof shall be credited to the Government.

(2) If any claim is made to any proceeds credited under sub-section (1) to the Government and if suchclaim is established, whether wholly or to any extent, to the satisfaction of the prescribed authority, theAdministrator shall pay to the claimant the amount determined in that behalf by the prescribed authority.

(3) The form and manner in which claims may be made under sub-section (2) and the procedure fordealing with such claims and all other matters connected therewith shall be such as may be prescribed.

(1) The Central Government may, by notification in the Official Gazetteand subject to such conditions and limitations as may be specified therein, empoweru2014

(a) the Commissioner of Police to exercise and perform in relation to Delhi the powers and dutiesof an Executive Magistrate and of a District Magistrate under such of the provisions of the Code ofCriminal Procedure, 1973 (2 of 1974), as may be specified in the notification;

(b) any officer subordinate to the Commissioner of Police (not being an officer below the rank ofan Assistant Commissioner of Police) to exercise and perform in relation to such areas in Delhi asmay be specified in the notification the powers and duties of an Executive Magistrate under such ofthe provisions of the said Code as may be specified in the notification.

(2) Every officer subordinate to the Commissioner of Police shall, in the exercise and performance ofany powers and duties which he is empowered to exercise or perform under sub-section (1), be subject tothe general control of the Commissioner of Police in the same manner and to the same extent as anExecutive Magistrate appointed under section 20 of the said Code would be subject to the general controlof the District Magistrate appointed under that section.

(3) The Commissioner of Police or any officer subordinate to him shall not be subject in the exerciseand performance of any powers and duties which he is empowered to exercise and perform undersub-section (1), to the general control of the District Magistrate appointed under section 20 of the saidCode.

(4) The provisions of this section shall have effect notwithstanding anything contained in the saidCode.

Every notification made by theCentral Government under section 70 shall be laid, as soon as it is made, before each House of Parliamentwhile it is in session for a total period of thirty days which may be comprised in one session or in two ormore successive sessions and if, before the expiry of the session immediately following the session or thesuccessive sessions aforesaid, both Houses agree in making any modification in the notification or bothHouses agree that the notification should not be made, the notification shall thereafter have effect only insuch modified form or be of no effect, as the case may be; so, however, that any such modification orannulment shall be without prejudice to the validity of anything previously done under that notification.

[References to Judicial Magistrate of the first class in sections 108, 109 and 110 of the Code ofCriminal Procedure, 1973 not to be construed as references to an Executive Magistrate.] Omitted by theCode of Criminal Procedure (Amendment) Act, 1980 (63 of 1980), s. 9 (w.e.f. 23-9-1980).

(1) When in respect of an animal anoffence punishable under sub-section (1) of section 11 or section 12 of the Prevention of Cruelty toAnimals Act, 1960 has been committed, or when there is a reasonable ground for suspecting that suchoffence has been committed, a police officer mayu2014

(a) take the animal to the Metropolitan Magistrate, or

(b) if the accused person so requires, take the animal to a veterinary officer specified by generalor special order by the Administrator in this behalf:

Provided that the police officer may, instead of taking the animal to a veterinary officer, take theanimal for detention in a dispensary, or in any suitable place approved by the Administrator bygeneral or special order and the animal shall thereupon be detained there until its production before aMetropolitan Magistrate, or

(c) take the animal to an infirmary appointed under section 35 of the said Act for treatment anddetention therein, pending direction of a Magistrate under sub-section (2) of that section, or

(d) when the animal is in such physical condition that it cannot be taken to a veterinary officer ora Metropolitan Magistrate, draw up a report of the condition of the animal in the presence of two ormore respectable persons describing such wound, sores, fractures, bruises, or other marks of injury asmay be found on the body of the animal:

Provided that the police officer may take the animal for detention in a dispensary or any suitable placeapproved by the Administrator by general or special order and the animal shall thereupon be detainedthere until its production before a Metropolitan Magistrate.

(2) Where an animal is detained in a dispensary, infirmary or other place under sub-section (1), theanimal shall be produced before a Metropolitan Magistrate with the least possible delay and in any casewithin a period not exceeding three days from the date on which it was so detained.

When the animal is brought before a Metropolitan Magistrate under section 73, the Magistratemay direct the animal to be returned to the person from whose possession it was taken on such persongiving security to the satisfaction of the Metropolitan Magistrate binding himself to produce the animalwhen required or may direct that the animal shall be sent for treatment and care to an infirmary and bedetained there as provided in section 35 of the Prevention of Cruelty to Animals Act, 1960 (59 of 1960)or may make such order as he thinks fit regarding the disposal or custody or production of the animal.

The veterinary officer before whom an animal isbrought under section 73 shall with all convenient speed examine the same and draw up a report of suchexamination and a copy of the report of such examination shall be delivered free of charge to the accusedperson if he applies for it.

When under section 73, a police officer takesan animal for detention in a dispensary or infirmary or other place before its production before aMetropolitan Magistrate or a Metropolitan Magistrate directs its further detention in an infirmary,sub-sections (3) to (7) (both inclusive) of section 35 of the Prevention of Cruelty to AnimalsAct, 1960 shall, as far as may be, apply in relation to the detention of animal (including the cost oftransport, maintenance and treatment of the animal) in the dispensary, infirmary or other place.

When a police officer in goodfaith suspects that any animal being employed in any work or labour is, by reason of any sore, unfit to beso employed, he may require the person in charge of such animal to unsaddle or unload it for the purposeof ascertaining whether any sore exists and, if any person refuses to do so, such police officer mayhimself unsaddle or unload the animal or may cause the same to be unsaddled or unloaded.

Any police officermay arrest, without a warrant from a Magistrate, any person committing in his presence any offencepunishable under clauses (a) to (m) (both inclusive) of sub-section (1) of section 11 of the Prevention ofCruelly to Animals Act, 1960.

The provisionsof this Chapter shall be in addition to, and not in derogation of, the provisions of the Prevention ofCruelty to Animals Act, 1960.

No person shallu2014

(a) when driving a vehicle along a street (except in cases of actual necessity or of some othersufficient reason for deviation) fail to keep on the left side of such street and when passing any othervehicle proceeding in the same direction fail to keep on the right side of such vehicle; or

(b) leave in any street or public place insufficiently tended or secured any animal or vehicle.

No person shall cause obstruction, damage,injury, danger, alarm or mischief in any street or public placeu2014

(i) by misbehaviour, negligence or ill-usage in the driving, management, treatment or care of anyanimal or vehicle; or

(ii) by driving any vehicle or animal laden with timber, poles or other unwieldy articles through astreet or public place contrary to any regulation made in that behalf.

No person shall in any street or public place expose forhire or sale any animal or vehicle, clean any furniture or vehicle, or clean or groom any horse or otheranimal except at such times and places as the competent authority permits, or shall train or break in anyhorse or other animal or make any vehicle or any part of a vehicle or (except when as a result of anyaccident repairing on the spot is unavoidable) repair any vehicle or part of a vehicle, or carry on thereinany manufacture or operation so as to be a serious impediment to traffic or serious annoyance to residentsin the vicinity or to the public.

No person shall cause obstruction in any street orpublic placeu2014

(a) by allowing any animal or vehicle, which has to be loaded or unloaded, or take up or set downpassengers, to remain or stand in the street or the public place longer than may be necessary for suchpurpose; or

(b) by leaving any vehicle standing or fastening any cattle in the street or the public place; or

(c) by using any part of a street or public place as a halting place for vehicles or cattle; or

(d) by leaving any box, bale, package or other things whatsoever in or upon a street for anunreasonable length of time or contrary to any regulation; or

(e) by exposing anything for sale or setting out anything for sale in or upon any stall, booth,board, cask, basket or in any other way whatsoever.

No person shall drive, ride, load, propel or leave on any footway anyanimal or vehicle other than a perambulator or fasten any animal in such a way that the animal can standacross or upon such footway.

No person shall, in contraventionof any regulation made by the Commissioner of Police,u2014

(a) exhibit any mimetic, musical or other performances of such a nature as may attract crowds; or

(b) carry or place bulky advertisements, pictures, figures or emblems in any street or public place,

whereby any obstruction to passengers or annoyance to the residents in the vicinity may be occasioned.

No person shall slaughter any animal,clean a carcass or hide, or bathe or wash his person in or near to and within sight of a street or publicplace, except at a place set apart for the purpose, so as to cause annoyance to the neighbouring residentsor to passers-by.

No person shall in anystreet or public placeu2014

(a) negligently let loose any horse or other animal, so as to cause danger, injury, alarm orannoyance; or

(b) suffer a ferocious dog to be at large without a muzzle; or

(c) set on or urge a dog or other animal to attack, worry or put in fear any person or horse or otheranimal.

No person shall bathe or washin, or by the side of, a public well, tank or reservoir not set apart for such purpose by order of thecompetent authority, or in, or by the side of, any pond, pool, aqueduct, part of a river, stream, nullah orother source or means of water supply in which such bathing or washing is forbidden by order of thecompetent authority.

No person shall defile or cause to be defiled the water inany public well, tank, reservoir, pond, pool, aqueduct or part of a river, stream, nullah or other source ormeans of water supply, so as to render the same less fit for any purpose for which it is set apart by theorder of the competent authority.

No person shall obstruct or incommode a person bathing at a place setapart for the purpose by the order of the competent authority under section 88 by wilful intrusion or byusing such place for any purpose for which it is not so set apart.

No person shall wilfully and indecently expose his person inany street or public place or place of public resort or within sight of, and in such manner as to be seenfrom, any street or public place or place of public resort, whether from within any house or building ornot, or use indecent language or behave indecently or riotously or in a disorderly manner in a street orpublic place or place of public resort or in any office, police station or station house.

No person shall wilfully push, press, hustleor obstruct any passenger in a street or public place or by violent movements, menacing gestures, wantonpersonal annoyance, screaming, shouting, wilfully frightening horses or cattle or otherwise, disturb thepublic peace or order.

No person shall use in any streetor public place any threatening, abusive or insulting words or behaviour with intent to provoke a breachof the peace or whereby a breach of the peace may be occasioned.

No person shall fly a kite or any other thing so as to causedanger, injury or alarm to persons, animals or property.

No person shall in or near to any street, publicplace or place of public resortu2014

(a) commit a nuisance by easing himself; or

(b) having the care or custody of any child under seven years of age, suffer such child to commita nuisance as aforesaid; or

(c) spit or throw any dust, ashes, refuse or rubbish so as to cause annoyance to any passer-by.

No person shall, in any court, police station, policeoffice or building occupied by Government or building occupied by any local body, smoke, or spit incontravention of a notice, by the competent authority in charge of such place, displayed in such court,police station, police office or building.

Any person who contravenes any of theprovisions of sections 80 to 96 (both inclusive) shall, on conviction, be punished with fine which mayextend to one hundred rupees, or, in default of payment of such fine, with imprisonment for a term notexceeding eight days.

(1) Whoever allows any cattle whichare his property or in his charge to stray in any street or to trespass upon any public or private propertyshall on conviction be punished

(a) for the first offence, with imprisonment for a term which may extend to one month, or withfine which may extend to three hundred rupees, or with both; and

(b) for the second or subsequent offence, with imprisonment for a term which may extend to sixmonths, or with fine which may extend to five hundred rupees, or with both.

(2) The Metropolitan Magistrate trying an offence under sub-section (1) may order

(a) that the accused shall pay such compensation not exceeding two hundred and fifty rupees assuch Magistrate considers reasonable to any person for any damage proved to have been caused to hisproperty or the produce of his land by the cattle under the control of the accused trespassing on hisland; and

(b) that the cattle in respect of which the offence has been committed shall be forfeited to theGovernment.

(3) Any compensation awarded under sub-section (2) may be recovered as if it were a fine imposedunder this section.

(4) It shall be the duty of every police officer and it shall be lawful for any other person to seize andtake to any cattle pound for confinement therein any cattle found straying in any street or trespassingupon any private or public property.

(5) Any fine imposed under this section may, without prejudice to any other means of recoveryprovided by law, be recovered by sale of all or any of the cattle in respect of which the offence wascommitted, whether they are the property of the person convicted of the offence or were only in hischarge when the offence was committed.

(6) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), theoffence punishable under this section shall be cognizable.

Whoever in any place cruelly beats, goads, overworks,ill-treats or tortures or causes, or procures to be cruelly beaten, goaded, overworked, ill-treated ortortured, any animal shall, on conviction, be punished with imprisonment which may extend to onemonth, or with fine which may extend to one hundred rupees, or with both.

Whoever without satisfactory excuse wilfully enters or remains in or uponany dwelling-house or premises or land or ground attached thereto, or on any ground, building,monument or structure belonging to Government or used for public purposes, or on any vehicle, shall, onconviction, whether he causes any actual damage or not, be punished with imprisonment which mayextend to seven days or with fine which may extend to one hundred rupees, or with both.

Whoever knowingly gives or causes to be givena false alarm of fire to the fire brigade of the Government or the Corporation or a municipality or to anyofficer or fireman thereof, whether by means of a street fire alarm, statement, message or otherwise, orwith intent to give such false alarm wilfully breaks the glass of, or otherwise damages, a street fire alarm,shall, on conviction, be punished with imprisonment for a term which may extend to three months or withfine which may extend to one hundred rupees, or with both.

Whoever isfound between sunset and sunriseu2014

(a) armed with any dangerous instrument with intent to commit an offence; or

(b) having his face covered, or otherwise disguised with intent to commit an offence; or

(c) in any dwelling-house or other building, or on any vehicle, without being able satisfactorily toaccount for his presence there; or

(d) lying or loitering in any street, yard or other place, being a reputed thief and without beingable to give a satisfactory account of himself; or

(e) having in his possession without lawful excuse (the burden of proving which excuse shall beon such person) any implement of house breaking,

shall, on conviction, be punished with imprisonment for a term which may extend to three months.

Whoever has in hispossession or conveys in any manner, or offers for sale or pawn, anything which there is reason to believeis stolen property or property fraudulently obtained, shall, if he fails to account for such possession or actto the satisfaction of the Metropolitan Magistrate, on conviction, be punished with imprisonment for aterm which may extend to three months or with fine which may extend to one hundred rupees, or withboth.

Whoever being a pawn-broker, dealer in second hand property, or worker inmetals, or reasonably believed by the Commissioner of Police to be such a person, and having receivedfrom a police officer written or printed information in relation to any property suspected to have beentransferred by any offence mentioned in section 410 of the Indian Penal Code (45 of 1860) or by anyoffence punishable under section 417, section 418, section 419 or section 420 of the said Code, is foundin possession, or, after the receipt of such information, comes into possession or has an offer, either byway of sale, pawn, exchange, or for custody, alteration or otherwise, howsoever, made to him, of propertyanswering the description contained in such information, shall, unlessu2014

(i) he forthwith gives information to the Commissioner of Police, or at a police station of suchpossession or offers and takes all reasonable means to ascertain and to give information as aforesaidof the name and address of the person from whom the possession or offer was received, or

(ii) the property, being an article of common wearing apparel or otherwise, is incapable ofidentification from the written or printed information given and has been in no way concealed afterthe receipt of such information,

on conviction, be punished with fine which may extend to fifty rupees in respect of each such article ofproperty so in his possession or offered to him.

Whoever having received suchinformation as is referred to in section 104 alters, melts, defaces or puts away or causes or suffers to bealtered, melted, defaced or put away, without the previous permission of the police, any such property asis referred to in that section shall, on proof that the same was stolen property within the meaning ofsection 410 of the Indian Penal Code (45 of 1860) or property in respect of which any offence punishableunder section 417, section 418, section 419 or section 420 of the said Code has been committed, bepunished with imprisonment for a term which may extend to three years or with fine, or with both.

Whoever takes from any child, not appearing to be above the ageof fourteen years, any article whatsoever as a pawn, pledge or security for any sum of money lent,advanced or delivered to such child or without the knowledge and consent of the owner of the article buysfrom such child any article whatsoever, shall, on conviction, be punished with fine which may extend toone hundred rupees.

Whoever, being thekeeper of any place of public amusement or public entertainment, knowingly permits or suffersdrunkenness or other disorderly behaviour or any gambling whatsoever, in such place, shall, onconviction, be punished with fine which may extend to one hundred rupees.

(1) Whoever by any fraud or unlawful device ormalpractice in playing at or with cards, dice or other game or in taking part in the stakes or wagers, or inbetting on the sides or hands of the players, or in wagering on the event of any game, sports, pastime orexercise, wins from any other person, for himself or any other or others, any sum of money or valuablething, shall be deemed to have committed the offence of cheating within the meaning of section 415 ofthe Indian Penal Code (45 of 1860), and be liable to punishment accordingly.

(2) Whoever assembles with others, or joins any assembly, in a street assembled for the purpose ofgambling or wagering shall, on conviction, be punished with fine which may extend to fifty rupees ormay be released after a due admonition.

Whoever contravenes, disobeys,opposes, or fails to conform to an order under section 27 requiring him to vacate any premises, shall, onconviction be punished with imprisonment which may extend to three months or with fine which mayextend to five hundred rupees or with both.

Save as provided insection 112, whoever contravenes, or abets the contravention of, any regulation made under section 28 orany of the conditions of a licence issued under such regulation shall, on conviction, be punishedu2014

(a) if the regulation was made under clause (b) of sub-section (1) of section 28 providing for theprohibition of the sale, or exposure for sale, of any goods on any street or portion thereof so as tocause obstruction to traffic or inconvenience to the publicu2014

(i) for the first offence, with imprisonment for a term which may extend to one month, orwith fine which may extend to two hundred rupees, or with both, and

(ii) for any subsequent offence, with imprisonment for a term which may extend to sixmonths and with fine which may extend to five hundred rupees;

(b) if the regulation was made under clause (d), (h), (i), or (j), sub-clause (i) or (ii) of clause (s) orclause (v) of sub-section (1) of section 28, with imprisonment for a term which may extend to eightdays, or with fine which may extend to fifty rupees, or with both;

(c) if the regulation was made under clause (o) or (p) of sub-section (1) of section 28, with finewhich may extend to two hundred rupees; and

(d) if the regulation was made under any clause of sub-section (1) of section 28 and for thecontravention of which no penalty is provided under clause (a), (b) or (c) of this section, with finewhich may extend to fifty rupees.

The holder of a licence granted under this Act in respect of a place of public amusement or publicentertainment shall be responsible, as well as the actual offender for any offence under section 110committed by his servant or other agent acting with his express or implied permission on his behalf as ifhe himself had committed the same, unless he establishes that all due and reasonable precautions weretaken by him to prevent the commission of such offence.

(1) Whoever fails to obtain a licence under this Act in respect of a place of publicentertainment or a certificate of registration thereunder in respect of any eating house, or to renew thelicence or the certificate, as the case may be, within the prescribed period shall, on conviction, bepunished with fine which may extend to fifty rupees.

(2) Any court trying any such offence shall in addition direct that the person keeping the place ofpublic entertainment, or the eating house, in respect of which the offence has been committed shall closesuch place, or eating house until he obtains a licence or fresh licence, or a certificate of registration orfresh certificate of registration, as the case may be, in respect thereof and thereupon such person shallforthwith comply with such direction.

(3) If the person fails to comply with any such direction, he shall, on conviction, be punished withimprisonment for a term which may extend to one month or with fine which may extend to two hundredrupees or with both.

(4) Without prejudice to any action taken under sub-section (3), on the failure of such person tocomply with the direction of the court, any police officer authorised by the Commissioner of Police, by anorder in writing, may take or cause to be taken such steps and use or cause to be used such force as may,in the opinion of such officer, be reasonably necessary for securing compliance with the courts direction.

(1) Whoever contravenes, disobeys, opposes or fails to conform to any order given by a policeofficer under section 29 shall, on conviction, be punished with fine which may extend to two hundredrupees.

(2) Whoever contravenes a notification or an order made under section 30, section 32, section 33 orsection 34 or abets the contravention thereof shall, on conviction, be punishedu2014

(a) if the said notification or order was made under sub-section (1) of section 30 or undersection 33 or section 34, with imprisonment for a term which shall not be less than four months butwhich may extend to one year, and shall also be liable to fine:

Provided that the court may, for adequate and sufficient reasons to be mentioned in the judgment,impose a sentence of imprisonment for a term of less than four months;

(b) if the said order was made under sub-section (2) of section 30, with imprisonment for a termwhich may extend to one month, or with fine which may extend to one hundred rupees, or with both;

(c) if the said notification was made under sub-section (3) of section 30, with fine which mayextend to one hundred rupees; or

(d) if the said order was made under section 32, with imprisonment for a term which may extendto three months, or with fine which may extend to five hundred rupees, or with both.

(3) Whoever opposes or fails to conform to any direction given by a police officer under section 31,shall, on conviction, be punished with fine which may extend to two hundred rupees.

Whoever contravenes, or abets the contravention of, any regulation, notice or order made undersection 35, section 36 or section 37 shall, on conviction, be punished with imprisonment which mayextend to three months, or with fine which may extend to two hundred rupees, or with both.

Whoever opposes orfails to conform to any direction issued under section 46, section 47 or section 48 or abets the oppositionto, or the failure to conform to, any such direction shall, on conviction, be punished with imprisonmentwhich shall not be less than four months but which may extend to one year and shall also be liable to fine:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment,impose a sentence of imprisonment for a term of less than four months.

Without prejudice to the power toarrest and remove a person in the circumstances, and in the manner provided in section 53, any personwhou2014

(a) in contravention of a direction issued to him under section 46, section 47 or section 48 entersor returns without permission to Delhi, or any part thereof, as the case may be, from which he wasdirected to remove himself; or

(b) enters or returns to Delhi or any part thereof with permission granted under sub-section (1) ofsection 54, but fails, contrary to the provisions thereof, to remove himself outside such area at theexpiry of the temporary period for which he was permitted to enter or return or on the earlierrevocation of such permission, or having removed himself at the expiry of such temporary period oron revocation of the permission, enters or returns thereafter, without fresh permission,

shall, on conviction, be punished with imprisonment for a term which shall not be less than six monthsbut which may extend to two years and shall also be liable to fine:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment,impose a sentence of imprisonment for a term of less than six months.

Whoever contravenes any order madeunder section 57 shall, on conviction, be punished with imprisonment for a term which may extend tothree years, or with fine, or with both.

Whoever opposes or fails forthwith to comply with any reasonablerequisition made by a police officer under clause (b) of sub-section (1) of section 59, or abets theopposition thereto or failure to comply therewith, shall, on conviction, be punished with imprisonment fora term which shall not be less than four months but which may extend to one year and shall also be liableto fine:

Provided that the court may, for adequate and special reasons to be mentioned in the judgment,impose a sentence of imprisonment for a term of less than four months.

Whoever opposes or fails to conformto any direction given by any police officer under section 65 or abets the opposition or failure to conformto such direction shall, on conviction, be punished with fine which may extend to fifty rupees.

(1) No person shall without the previous permission of theCommissioner of Police and except in accordance with any conditions subject to which such permissionis granted, hold or give in any place which is likely to cause an assembly of persons, any performance inwhich or during which he buries himself under ground or seals himself in any room or receptacle or otherthing, in such manner as to prevent all access of air to him and for such time as would ordinarily result indeath by suffocation.

(2) If any person contravenes or attempts to contravene the provisions of sub-section (1), he shall, onconviction, be punished with imprisonment for a term which may extend to one year or with fine, or withboth.

(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), theoffence punishable under this section shall be cognizable.

(1) Any person, who having beenappointed to be a special police officer under section 17 shall without sufficient cause neglect or refuse toserve as such or to obey any lawful order or direction that may be given to him for the performance of hisduties as such special police officer, shall, on conviction, be punished with fine which may extend to fiftyrupees.

(2) Such punishment shall automatically cancel the certificate of appointment of such a special policeofficer.

(a) Anyperson who makes a false statement or uses a false document for the purpose of obtaining employment orrelease from employment as a police officer, or

(b) any police officer whou2014

(i) is guilty of cowardice, or

(ii) being a police officer of subordinate rank, resigns his office or withdraws himself from dutiethereof in contravention of section 25, or

(iii) is guilty of any wilful breach or neglect of any provision of law or of any rule or regulation orany order which he is bound to observe or obey, or

(iv) is guilty of any violation of duty for which no punishment is expressly provided by any otherlaw in force,

shall, on conviction, be punished with imprisonment for a term which may extend to three months, orwith fine which may extend to one hundred rupees, or with both.

Explanation.u2014A police Officer who being absent on leave fails without reasonable cause to reporthimself for duty on the expiration of such leave shall, for the purpose of sub-clause (ii) of clause (b), bedeemed to withdraw himself from the duties of his office within the meaning of section 25.

Any policeofficer, who wilfully neglects or refuses to deliver up his certificate of appointment or of office or anyother article, in accordance with the provisions of sub-section (1) of section 26 shall, on conviction, bepunished with imprisonment for a term which may extend to one month, or with fine which may extend totwo hundred rupees, or with both.

Any police officer who

(a) without lawful authority or reasonable cause enters or searches, or causes to be entered orsearched, any building, vessel, tent or place; or

(b) vexatiously and unnecessarily seizes the property of any person; or

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

(d) offers any unnecessary personal violence to any person in his custody; or

(e) holds out any threat or promise not warranted by law,

shall, for every such offence, on conviction, be punished with imprisonment for a term which may extendto six months, or with fine which may extend to five hundred rupees, or with both.

Any police officer whovexatiously and unnecessarily delays the forwarding of any person arrested to a Magistrate or to any otherauthority to whom he is legally bound to forward such person, shall, on conviction, be punished withimprisonment for a term which may extend to six months, or with fine which may extend to five hundredrupees, or with both.

If any persons not being a member of theDelhi police wears, without the permission of an officer authorised by the Administrator in this behalf bygeneral or special order, the uniform of the Delhi police or any dress having the appearance or bearing any of the distinctive marks of that uniform, he shall, on conviction, be punished with fine which mayextend to two hundred rupees.

(1) TheCommissioner of Police may, by notification in the Official Gazette, make regulations to provide that noperson, other than a member of the armed forces of the Union acting as such or a police officer, shall goarmed with any sword, spear, bludgeon, gun or other offensive weapon or with any explosive or corrosivesubstance in any street or public place unless so authorised by such authority as may be specified in suchregulations.

(2) Any regulation made under sub-section (1) may provide that any person who goes armed incontravention of such regulation shall be liable to be disarmed by any police officer and the weapon orsubstance so seized shall be forfeited to the Government, unless redeemed within two months by paymentof such fine, not exceeding five hundred rupees, as the Commissioner of Police imposes.

It shall not, except in obedience to a rule, regulation or order made by the Administrator or bythe Commissioner of Police, be incumbent on the Delhi police to prosecute for an offence punishableunder section 97, section 104, sub-section (1) of section 113, section 114, section 119 or section 121when such offence has not occasioned serious mischief and has been promptly desisted from on a warningbeing given.

(1) A court taking cognizance of an offence punishableunder section 97, or under clause (a), (b) or (c) of section 110 may state upon the summons to be servedon the accused person that he may, by a specified date, prior to the hearing of the charge plead guilty tothe charge by registered letter and remit to the court such sum not exceeding one hundred rupees in thecase of an offence punishable under section 97 and in any other case rupees fifty, as the court mayspecify.

(2) Where an accused person pleads guilty and remits the sum specified in the summons, undersub-section (1), no further proceedings in respect of the offence shall be taken against him.

Subject to the provisionscontained in section 300 of the Code of Criminal Procedure, 1973 (2 of 1974), nothing in this Act shall beconstrued to prevent any person from being prosecuted and punished under any other law for anythingmade punishable by this Act or from being prosecuted and punished under this Act for anything madepunishable under any other law.

(1) Where an offence under this Act has been committed by acompany, every person who at the time the offence was committed, was in charge of, and was responsibleto, the company for the conduct of the business of the company, as well as the company, shall be deemedto be guilty of the offence and shall be liable to be proceeded against and punished accordingly:

zProvided that nothing contained in this sub-section shall render any such person liable to anypunishment provided in this Act, if he proves that the offence was committed without his knowledge orthat he exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has beencommitted by a company and it is proved that the offence has been committed with the consent orconnivance of, or that the commission of the offence is attributable to, any neglect on the part of anydirector, manager, secretary or other officer of the company, such director, manager, secretary or otherofficer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against andpunished accordingly.

Explanation.u2014For the purposes of this section,u2014

(a) "company" means a body corporate, and includes a firm or other association ofindividuals; and

(b) "director", in relation to a firm, means a partner in the firm.

All fees paid for licences or permissions granted under thisAct, and all sums paid for the service of processes by police officers and all rewards, forfeitures andpenalties or shares thereof, which are by law payable to police officers as informers shall, save in so far asany such fees or sums belong under the provisions of any enactment for the time being in force to anylocal authority be credited to the Government:

Provided that with the sanction of the Administrator or under any rule made by the Administrator inthat behalf, the whole or any portion of any such reward, forfeiture or penalty may for special services, bepaid to a police officer or be divided amongst two or more police officers.

Any order or notification published or issuedby the Administrator or by the Commissioner of Police or any other police officer under any provision ofthis Act, and the due publication or issue thereof may be proved by the production of a copy thereof in theOfficial Gazette, or of a copy thereof signed by the Administrator or Commissioner of Police or otherpolice officer, as the case may be, and by him certified to be a true copy of an original published or issuedaccording to the provisions of this Act applicable thereto.

No rule, regulation, order, direction, adjudication, inquiry or notification made or publishedand no act done under any provision of this Act or any rule or regulation made under this Act, or insubstantial conformity with the same, shall be deemed illegal, void, invalid or insufficient by reason ofany defect of form or any irregularity of procedure.

Notwithstanding anything contained in any law for the time being in force, in a prosecution for an offencefor the contravention of an order made under section 46, section 47 or section 48 on the production of anauthentic copy of the order, it shall, until the contrary is proved by the accused, be presumedu2014

(a) that the order was made by the authority competent under this Act to make it;

(b) that the authority making the order was satisfied that the grounds on, or the purpose for, whichit was made existed, and that it was necessary to make the same; and

(c) that the order was otherwise valid and in conformity with the provisions of this Act.

Whenever in consequence of the office of the Commissioner of Police, Additional Commissioner ofPolice or any police officer becoming vacant, any officer holds charge of the post of such Commissionerof Police, Additional Commissioner of Police or other police officer or succeeds, either temporarily orpermanently, to that post, such officer shall be competent to exercise all the powers and perform all theduties respectively conferred and imposed by or under this Act on the Commissioner of Police or on suchAdditional Commissioner of Police or other police officer, as the case may be.

If anyperson permitted to enter or return to the area from which he was directed to remove himself undersub-section (1) of section 54, fails to observe any condition imposed under that sub-section or by the bondexecuted by him thereunder, his bond shall be forfeited and any person bound thereby shall pay thepenalty thereof or show cause to the satisfaction of the court why such penalty should not be paid.

No police officer shall be liable to any penalty or to payment of any damages on account of anact done in good faith in pursuance of or purported to be done in pursuance of any duty imposed or anyauthority conferred on him by any provision of this Act or any other law for the time being in force or anyrule, regulation, order or direction made or given thereunder.

No public servant or person duly appointed orauthorised shall be liable to any penalty or to payment of any damages for giving effect in good faith to--

(a) any order or direction issued with apparent authority by the Administrator or by a personempowered in that behalf under this Act; or

(b) any rule or regulation made under this Act.

Explanation.-- In this section, the expression "public servant" has the meaning assigned to it insection 21 of the Indian Penal Code (45 of 1860).

(1) In any case of alleged offence by a police officer or otherperson, or of a wrong alleged to have been done by such police officer or other person, by any act doneunder colour of duty or authority or in excess of any such duty or authority, or wherein it shall appear tothe court that the offence or wrong if committed or done was of the character aforesaid, the prosecution orsuit shall not be entertained and if entertained shall be dismissed if it is instituted, more than three monthsafter the date of the act complained of:

Provided that any such prosecution against a police officer or other person may be entertained by thecourt, if instituted with the previous sanction of the Administrator, within one year from the date of theoffence.

(2) In the case of an intended suit on account of such a wrong as aforesaid, the person intending to sueshall give to the alleged wrongdoer not less than one months notice of the intended suit with sufficientdescription of the wrong complained of, and if no such notice has been given before the institution of thesuit, it shall be dismissed.

(3) The plaint shall set forth that a notice as aforesaid has been served on the defendant and the dateof such service and shall state what tender or amends, if any, has been made by the defendant and a copyof the said notice shall be annexed to the plaint endorsed or accompanied with a declaration by theplaintiff of the time and manner of service thereof.

(1) Anylicence or written permission granted under the provisions of this Act shall specify the period and localityfor which, and the conditions and restrictions subject to which, the same is granted, and shall be givenunder the signature of the competent authority.

(2) Any licence or written permission granted under this Act may at any time be suspended orrevoked by the competent authority if any of its conditions or restrictions are infringed or evaded by theperson to whom it has been granted, or if such person is convicted of any offence with respect to anymatter to which such licence or permission relates.

(3) When any such licence or written permission is suspended or revoked, or when the period forwhich the same was granted has expired, the persons to whom the same was granted shall, for allpurposes of this Act, be deemed to be without a licence or written permission, until the order forsuspending or revoking the same is cancelled, or until the same is renewed, as the case may be.

(4) Every person to whom any such licence or written permission has been granted shall, while thesame remains in force, at all reasonable times, produce the same, if so required by a police officer.

Explanation.u2014For the purposes of this section any such infringement or evasion by, or conviction of,a servant or other agent acting on behalf of the person to whom the licence or written permission has beengranted shall be deemed to be infringement or evasion or, as the case may be, conviction of, the person towhom such licence or written permission has been granted.

Any notification which may be publicly promulgated, publicnotice required to be given, order required to be notified publicly or proclamation required to be issuedunder any of the provisions of this Act shall be in writing, under the signature of a competent authorityand shall be published in the locality to be affected thereby, by affixing copies thereof in conspicuouspublic places, or by proclaiming the same with beat of drums or by advertising, the same in such local newspapers in Hindi, Urdu and English, as the competent authority may deem fit, or by any two or moreof these means and by any other means it may think suitable.

Whenever under this Act, the doing or the omitting to do anything or the validity of anything dependsupon the consent, approval, declaration, opinion or satisfaction of the competent authority, a writtendocument signed by the competent authority, purporting to convey or set forth such consent, approval,declaration, opinion or satisfaction shall be sufficient evidence thereof.

Every licence, written permission, notice orother document, not being a summons or warrant or search warrant, required by this Act or by any rule orregulation made thereunder, to bear the signature of the Commissioner of Police, shall be deemed to beproperly signed if it bears a facsimile of his signature stamped thereon.

(1) In the case ofany rule or order made by the Administrator under an authority conferred by this Act and requiring thepublic or a particular class of persons to perform some duty or act, or to conduct or order themselves orthose under their control in a manner therein described, it shall be competent for any person interested toapply to the Administrator by a memorial to annul, reverse, or alter the rule or order aforesaid on theground of its being unlawful, oppressive or unreasonable.

(2) After such an application as aforesaid and rejection thereof wholly or in part or after the lapse offour months without an answer to such application or a decision thereon published by the Administrator,it shall be competent for the person interested and deeming the rule or order to be contrary to law toinstitute a suit in the principal civil court of original jurisdiction against the Administrator for adeclaration that the rule or order is unlawful either wholly or in part.

(3) Where in any suit instituted under sub-section (2) or on appeal therefrom, the court adjudges arule or order to be unlawful, the rule or order shall be annulled or so altered as to make it conformable tolaw.

(1) The Commissioner of Police shallexercise all powers and discharge all functions which may be exercised or discharged by a DistrictMagistrate under the Acts mentioned in Schedule I including the rules made thereunder.

(2) The Commissioner of Police may authorise any Additional Commissioner of Police, DeputyCommissioner of Police or Additional Deputy Commissioner of Police to exercise any of the powers ordischarge any of the functions of the Commissioner of Police mentioned in sub-section (1) in accordancewith the general or special orders of the Administrator.

(3) The powers and functions of a District Magistrate under the Sarais Act, 1867 (22 of 1867), shallbe exercised and discharged by the Administrator or such officer as the Administrator may, bynotification in the Official Gazette, authorise in this behalf.

(1) The Administrator may make rules for carrying out the purposes ofthis Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules mayprovide for all or any of the following matters, namely:u2014

(a) recruitment to, and the pay, allowance and all other conditions of service of the members of,the Delhi police under clause (b) of section 5;

(b) the manner of publication, under sub-section (2) of section 17, by the Commissioner of Police,of the names of special police officers appointed under that section;

(c) awarding of any of the punishments referred to in sub-section (1) or sub-section (2) ofsection 21 to any police officer of subordinate rank;

(d) procedure for awarding punishments under section 22;

(e) form of Discharge Certificate under sub-section (8) of section 25;

(f) determination of the cost of employing additional police under sub-section (2) of section 38;

(g) manner of taking measurements and photographs under section 55 of a person against whoman order has been made under section 46, section 47 or section 48;

(h) manner of constituting Defence Societies under sub-section (1) of section 58;

(i) form of receipt to be given in respect of any article detained under section 62;

(j) the authority to whose satisfaction claims are to be established under sub-section (2) ofsection 69 and the form and manner in which claims may be made under that sub-section, theprocedure for dealing with such claims and all other matters connected therewith undersub-section(3) of that section;

(k) payment to any police officer or division among two or more police officers the whole or anyportion of any reward, forfeiture or penalty, under the proviso to section 132;

(l) any other matter which has to be, or may be, prescribed, or provided for by rules, under thisAct.

(1) Every rule and regulation made under this Act shall be made by notification in theOfficial Gazette.

(2) Every rule and regulation made under this Act shall be laid, as soon as may be after it is made,before each House of Parliament, while it is in session, for a total period of thirty days which may becomprised in one session or in two or more successive sessions, and if, before the expiry of the sessionimmediately following the session or the successive sessions aforesaid, both Houses agree in making anymodification in the rule or regulation, as the case may be, or both Houses agree that the rule or regulationshould not be made, the rule or regulation shall thereafter have effect only in such modified form or be ofno effect, as the case may be; so, however, that any such modification or annulment shall be withoutprejudice to the validity of anything previously done under that rule or regulation.

(3) Every rule and regulation made under this Act shall also be laid before the Metropolitan Councilof Delhi.

(1) On the commencement of thisAct the enactments specified in Schedule II shall cease to be in force in Delhi;

Provided thatu2014

(i) all rules and standing orders made (including the Punjab Police Rules, as in force in Delhi),appointments made, powers conferred, orders made or passed, directions and certificates issued,consent, permit, permission or licence given, summons or warrants issued or served, persons arrestedor detained or discharged on bail or bond, search warrants issued, bonds forfeited and penaltiesincurred under any such enactment shall, in so far as they are consistent with this Act, be deemed tohave been respectively made, conferred, passed, given, issued, served, arrested, detained, discharged,forfeited or incurred under this Act;

(ii) all references in any enactment to any of the provisions of the enactments so ceasing to be inforce shall, in relation to Delhi, be construed as references to the corresponding provisions of this Act.

(2) The cesser of operation under sub-section (1) of an enactment specified in Schedule II shallnot affectu2014

(a) the validity, invalidity, effect or consequence of anything done or suffered to be donethereunder before the commencement of this Act;

(b) any right, privilege, obligation or liability already acquired, accrued or incurred thereunderbefore such commencement;

(c) any penalty, forfeiture or punishment incurred or inflicted in respect of any act thereunderbefore such commencement;

(d) any investigation, legal proceeding or remedy in respect of such right, privilege, obligation,liability, penalty, forfeiture or punishment; or

(e) any legal proceeding thereunder pending in any court or before any officer immediately beforesuch commencement or anything done or suffered to be done in the course of such proceedings, andany such proceeding or any appeal or revisional proceedings arising out of such proceeding shall,save as otherwise expressly provided in section 150 be instituted, continued or disposed of, as thecase may be, as if this Act had not been enacted.

Without prejudice to the provisions containedin section 149,

(a) the police force functioning in Delhi immediately before the commencement of this Act(hereafter in this section referred to as the existing police force) shall, on such commencement, bedeemed to be police force constituted under this Act and every member of the existing police forceholding the office mentioned in column (1) of Schedule III, immediately before such commencement,shall be deemed to be appointed, on such commencement, to the office mentioned in thecorresponding entry in column (2) of that Schedule;

(b) all proceedings (including proceedings by way of investigations) pending before any policeofficer of the existing police force, immediately before the commencement of this Act shall on suchcommencement be deemed to be proceedings pending before him in his capacity as the holder of theoffice to which he is deemed to be appointed under clause (a) and shall be dealt with accordingly;

(c) where any power or function which may be exercised or discharged under any law by aDistrict Magistrate or Executive Magistrate immediately before the commencement of this Act hasbeen conferred on the Commissioner of Police or any other police officer by or under this Act, allproceedings in relation to or arising from the exercise of such power or the discharge of such functionpending immediately before such conferment before the District Magistrate, or the ExecutiveMagistrate, as the case may be, shall, on the conferment of such power or function on theCommissioner of Police or other police officer stand transferred to the Commissioner of Police orother police officer, as the case may be, and the officer to whom such proceedings stand sotransferred shall either proceed de novo or from the stage of such transfer.

(1) If any difficulty arises in giving effect to the provisions ofthis Act in consequence of the transition to the said provisions from the provisions of the enactmentsmentioned in Schedule II, the Central Government may, by notification in the Official Gazette, make suchprovisions as appear to it to be necessary or expedient for removing the difficulty:

Provided that no such notification shall be issued after the expiry of two years from thecommencement of this Act.

(2) Every notification issued under this section shall, as soon as may be after it is issued, be laidbefore each House of Parliament.

(1) The Delhi Police Ordinance, 1978 (Ord. 2 of 1978) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealedshall be deemed to have been done or taken under the corresponding provisions of this Act.