Uttar Pradesh act 011 of 1948 : The U.P. PRADESHIK ARMED CONSTABULARY ACT, 1948

The U.P. PRADESHIK ARMED CONSTABULARY ACT,

1948

(U.P. Act No. XI of 1948) Adapted and modified by the Adaptation of Laws order, 1950

Passed by the U.P. legislative Assembly on October 18, 1948 and by the U.P. Legislative Council on November

5, 1948.

An act for the regulation of the Pradeshik Armed Constabulary

INDEX

1. Short title, extent and Commencement.

2. Definitions.

3. Constitution of P.A.C.

4. Enrolement and discharge of officers of the Pradeshik Armed Constabulary (Act V of 1861).

5. Members of P.A.C. to be deemed Police Officers.

6. More heinous offences.

7. Less heinous offences.

8. Minor punishments.

9. Discharge from Pradeshik Armed Constabulary.

10. Reversion.-

11. Place of imprisonment.

12. Saving of prosecution under other laws.

13. Disciplinary and other powers of Commandant and 2nd-inCommand of Uttar Pradesh Armed Constabulary otherwise than in respect of the Pradeshik Armed Constabulary.

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Police Regulations

THE SCHEDULE

1. The Madras District Police Act, 1859 (25 of 1859).

2. The Andhra Pradesh (Andhra Area) District Police Act, 1859 (24 of 1859).

3. The Police Act, 1861 (5 of 1861).

4. The Calcutta Suburban Police Act, 1866 (Bengal Act 2 of 1866).

5. The Calcutta Police Act 1866 (Bengal Act 4 of 1866)

6. The Bengal Police Act, 1869 (Bengal Act 7 of 1869)

7. The Police Act 1888 ( 3 of 1888)

8. The Madras City Police Act, 1888 (Madras Act 3 of 1888).

9. The Bengal military Police Act, 1892 (5 of 1892).

10. The Andhra Pradesh (Telangana Area) District Police Act, 1329 Fasli (10 of 1329

F).

11. The Eastern Rifles (West Bengal Battalion) Act, 1920 (Bengal Act 2 of 1920)

12. The Police Act, 1983 (A.D. 1927) (J&K. Act 2 of 1983)

13. The Hyderabad City Police Act 1348 Fasli (9 of 1348 F).

14. The Assam Rifles Act, 1941 (5 of 1941).

15. The Orissa Military Police Act, 1946 (Orissa Act 7 of 1946).

16. The Delhi Special Police Establishment Act, 1946 (25 of 1946).

17. The U.P. Pradeshik Armed Constabulary Act, 1948 (U.P. Act 40 of 1948)

18. The Central Reserve Police Act, 1949 (66 of 1949).

19. The Rajasthan Armed Constabulary Act, 1950 (Rajasthan Act 12 of 1920).

20. The Bombay Police Act, 1951 (Bombay Act 22 of 1951).

21. The Bombay State Reserve Police Force Act, 1951 (Bombay Act 38 of 1951).

22. The Kerala Police Act, 1960 (Kerala Act 5 of 1961).

23. The Mysore Police Act, 1963 (Mysore Act ¡ of 1964).

24. The Nagaland Armed Police Act, 1966 (Nagaland Act No. 6 of 1966) _______

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The U.P. PRADESHIK ARMED CONSTABULARY ACT, 1948² (U.P. Act No. XI of 1948)

Adapted and modified by the Adaptation of Laws order, 1950 Passed by the U.P. legislative Assembly on October 18, 1948 and by the U.P. Legislative Council on November 5, 1948.

An act for the regulation of the Pradeshik Armed Constabulary Preamble- Whereas it is expedient to provide for the constitution and regulation of the United Provinces Armed Constabulary; it is hereby enacted as follows:-

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1. Ins. by Not. No. GSR 1720, dated 6^thNov, 1967.

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Prefactory note.- For S.O.L.R. see Gazette Extraordinary, dated October 9, 1948, pages 1-4; for discussion see L.A. Provision, dated October 18, 1948, in Vol. 1, pages 39 and 40-49, dated February 26, 1949, in Vol. LIV., pages 32 and L.C. Provision, dated November 5, 1948, and January 17. 1949, in Vol. XII pages 67 and 82, 83 and 402, dated January 17, 1949, in Vol. XII, page 402.

1. Short title, extent and Commencement.- (1) This Act army be called the United Provinces Pradeshik Armed Constabulary Act, 1948.

2. It extends¹to the whole of Uttar Pradesh.²

(3) It shall come into force at once.

2. Definitions.- In this Act, unless there is anything repugnant in the subject or context,-

(1) "Commandant", " Assistant Commandant" and "Adjutant" mean _____________________________________________________________________

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persons appointed by the¹(State Government) to those offices of the Pradeshik Armed Constabulary

(2) "Officer of the Pradeshik Armed Constabulary" means a person appointed to the Pradeshik Armed Constabulary under this Act, who has, in accordance with the provisions of this Act, signed a statement in the form given in the Schedule.

(3) The expressions "reason to believe", "Criminal force" and "assault", have the meanings respectively assigned to them in the Indian Penal Code.

(4) "Superior Officer" means in relation to an officer of the Pradeshik Armed Constabulary any officer of a rank which as prescribed is higher than that of such officer.

(5) [ ***].³

(6) "Prescribed" means prescribed by rules made under this Act.

3. Constitution of P.A.C.- There shall be raised and maintained by the¹[State Government a force to be called the Pradeshik Armed Constabulary and it shall be constituted in one or more companies in such manner and for such period as may be prescribed.

4 . Enrolement and discharge of officers of the Pradeshik Armed Constabulary (Act V of 1861).- Before any person, whether already enrolled in [Uttar Pradesh]⁴Police force under Police Act, 1861, or not so enrolled, is appointed to be an officer of the Pradeshik Armed Constabulary, the statement in the Schedule shall be read, and if necessary, explained to him by a Magistrate, Commandant or Assistant Commandant, shall be signed by him in acknowledgment of its having been so read and explained to him and shall be attested by the Magistrate, Commandant or Assistant Commandant as the case may be.

5. Members of P.A.C. to be deemed Police Officers.- Subject always to the provisions of Sections 6 to 8 every member of the Pradeshik Armed Constabulary shall upon his appointment and as long as he continues to be a member thereof, be deemed to be a Police officer, and, subject to any terms, conditions and restrictions, as may be prescribed, to have and be subject to, in so far as they are not inconsistent with this Act or any rules made thereunder, all the powers, privileges, liabilities, penalties, punishments and protection as a police officer duly enrolled has or is subject to by virtue of the Police Act, 1861, or any other law for the time being in force, or any rules or regulations made thereunder.

6. More heinous offences.- An officer of the Pradeshik Armed Constabulary who-

(a) begins, excites causes or joins in any mutiny or sedition, or being present at any mutiny or sedition does not his utmost endeavours to suppress it, or, knowing or having reason to believe

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1. Subs, by the A.O. 1950 for "Provincial Government"

2. The words "The Pradeshik Armed Constabulary" have been substituted for the words, "Provincial Armed Constabulary" by U.P. Act XXX of 1956.

3. The word "Dominion" means the Dominion of India omitted by the A.O.

1950.

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4. Subs. by ibid "United Provices". in the existence of any mutiny, or any intention to mutiny does not without delay give information thereof to his commanding or other superior officer; or

(b) uses or attempts to use criminal force against or commits an assault on his other superior officer, whether on or off duty; or

(c) abandons or delivers up any post or guard which is committed to his charge or which it is his duty to defend; or

(d) directly or indirectly holds correspondence with or assists or relieves any person in arms against or hostile to [the Union]¹or omits to disclose immediately to his commanding or other superior officer any such correspondence to his knowledge:

(e) deserts the service: shall, on convictions be punished with imprisonment for life or with imprisonment for a term which may extend to fourteen years and shall also be liable to fine.

7.Less heinous offences- An officer of Pradeshik Armed constabulary who-

(a) strikes or assaults any sentry; or

(b) being under arrest or in confinement, escape from arrest or confinement; or

(c) is grossly insubordinate or insolent to his superior officer in the execution of his office ; or

(d) strikes or maliciously ill-treats any officer of the Pradeshik Armed Constabulary subordinate to him in rank or position; or

(e) malingers or feigns or produce disease or infirmity in himself, or intentionally delays his cure, or aggravates his disease or infirmity; or

(f) being a sentry sleeps while upon his post; or

(g) quits his post guard, piquet, party or patrol without being regularly relieved or without leave;

shall, on conviction, be punished with imprisonment for term which may extend which may extend to seven years or with fine or with both.

8. Minor punishments- (1) The Commandant and subject to the control of the Commandant, an Assistant Commandant or such other officer as may be prescribed, may, without formal trail, award to any officer of the Pradeshik Armed Constabulary of and below the rank of head constable, who is subject to authority, any of the following punishments for the commission of any offence against discipline which is not otherwise provided for in this Act or which, in the opinion of the Commandant, Assistant Commandant or officer, as the case may be, is not of sufficiently serious nature to call for prosecution before a criminal court, that is to say.-

(a) Imprisonment in the quarter-guard, or such other place, as may be considered suitable for a term which may extend to twenty-eight days when the order is passed by a commandant, or, to seven days when it is passed any other officer. Such imprisonment shall involve the forfeiture of

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all pay and allowances for the period of imprisonment.

(b) Punishment-drill extra guard, fatigue or other duty, not exceeding twenty-eight days, in duration, with or without confinement to the lines.

(c) Fine-not exceeding seven days's pay.

(2) Any of the Punishments specified in sub-section (1) may be awarded separately or with any one or more of the orders; provided always that imprisonment and confinement to the lines shall not exceed twenty-eight consecutive days, and fine shall not be combined with imprisonment.

(3) No appeal shall lie from an order passed under this section. 9.Discharge from Pradeshik Armed Constabulary.- Notwithstanding anything contained in the Police Act, 1861, or in any other law, no officer of the Pradeshik Armed Constabulary shall be entitled to be discharged from the Pradeshik Armed constabulary.

10. Reversion.- Commandant or an Assistant Commandant may notwithstanding anything contained in section 9, at any time revert to¹[Uttar Pradesh] Police and officer of the Pradeshik armed Constbulary who has been seconded from the Police Force.

11. Place of imprisonment.- (1) A person sentence under this Act to impriosonment for a period exceeding three months, shall notwithstanding anything contained in the Police Act, 1861, be deemed to have been dismissed from¹[Uttar Pradesh] Police Force and from the Pradeshik Armed Constabulary and shall be imprisoned in the nearest or such other jail as the²[State Governent] may, by general or special order direct.

(2) A person sentenced under this Act to imprisonment for a period not exceeding three months may if the Commandant, or subject to the control, An Assistant Commandant, so directs, be confined in the quarter-guard or such other place as the commandant, or Assistant Commandant may consider suitable.

12. Saving of prosecution under other laws.- Nothing in this Act shall prevent any person from being prosecuted under the Police Act, 1861 or under any order, or rule made under that Act or any other enactment for the time being in force, for any act or omission publishable thereunder, or from being liable, if so prosecuted, to any other or higher penalty than is provided for that act or omission by this Act:

Provided that no person shall be punished twice for the same offence.

13. Disciplinary and other powers of Commandant and 2nd-in- Command of Uttar Pradesh Armed Constabulary otherwise than in respect of the Pradeshik Armed Constabulary- Subject to such rules as the²[State Government] may make in this behalf a commandant or Assistant Commandant shall have with respect to police officers, appointed to¹Uttar

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1 . Subs. by the A.O. 1 950 for "the United Provinces".

2. Subs. by the A.O. 1950 for "Provincial Government".

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Pradesh Police Force under Police Act, 1861,l who are not officers of the Pradeshik Armed Constabulary the same disciplinary powers as superintendent of Police of a district has with respect to them under that act.

1.Disbandment and reconstitution-Discharge of an officer, disbandment and reconstitution.-

(1) The²[State Government] may, by notification in the official Gazette disband or reconstitute the Pradeshik Armed Constabulary or any Company thereof.

(2) Whenever the Pradeshik Armed Constabulary or any Company thereof is disbanded or reconstituted under sub-section (1) it shall notwithstanding anything contained in this Act or any other enactment for the time being in force and subject to such conditions as may be prescribed, be lawful for the [State Government] with a view to such disbandment or reconstitution, to discharge any officer from the Pradeshik Armed Constabulary and if he is enrolled under the Police Act, 1861 and has not been confirmed, from the Police Force also.

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c. Any statement executed by any member of the Special Armed Constabulary or the Pradeshik Armed Constabulary in accordance with Sections 3 and 13 of the said Act shall be so read and construed as if it had executed under the corresponding provisions of this Act,

SCHEDULE STATEMENT

(See Sections 2, 3 and 4) At no time during the period of your service in the Pradeshik Armed constabulary you will be entitled to obtain you discharge at your own request. On the liquidation of the force or of the company in which you may, for the time being, be posted you will be discharged from the Pradeshik Armed Constabulary and unless you were already a confirmed member of¹[Uttar Pradesh] Police Force before joining the Pradeshik Armed Constabulary from

1 [Uttar Pradesh] Police also, 2 [you will, however, be eligible for re-enlistment in 1 [Uttar Pradesh] Police in the event of your continuing in¹[Uttar Pradesh] Police for your re- enlistment therein, your services in the¹[Uttar Pradesh] Pradeshik Armed Constabulary will count for promotion and pension in¹[Uttar Pradesh] Police. Signature of Police

officer in

acknowledgment of

the above having been

read over to him.

Signed in my presence, after I had ascertained that……………………………………….. understood the purport of what he assigned.

Magistrate, Commandant or Assistant Commandant. ………………………………………

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