The Delhi Police Act, 1978 - Legislation - VLEX 29633939

The Delhi Police Act, 1978

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THE DELHI POLICE ACT, 1978 ACT NO. 34 OF 1978

[27th August, 1978.]

An Act to amend and consolidate the law relating to the regulation of the police in the Union territory of Delhi..

BE it enacted by Parliament in the Twenty-ninth Year of the Republic of India as follows:-

CHAP

PRELIMINARY.

CHAPTER I

PRELIMINARY

1.

Short title, extent and commencement.

1.Short title, extent and commencement. -(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, 978.

2.

Definitions.

2.Definitions. -In this Act, unless the context otherwise requires,-

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

(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 of any duty under the provisions of this Act, means the Commissioner of Police appointed under section 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 Delhi Municipal 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 includes-

(i) all persons appointed as special police officers under sub-section (1) of section 17 and additional police officers appointed under section 18; and 286 (ii) all other persons, by whatever name known, who exercise any police function in any part of Delhi;

(h) "eating house" means any place to which the public are admitted and where any kind of food or drink is supplied for con-

sumption on the premises by any person owning, or having any interest in, or managing, such place and includes-

(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 or near such shop, but does not include a place of public entertainment;

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

(j) "place" includes--

(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 any other amusement, diversion, or recreation or the means of carrying on the same is provided, to which the public are admitted either on payment of money or with the intention that money may be collected from 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 or residential hostel and includes any eating house or other place in which any kind of liquor or intoxi-

cating drug is supplied (such as a tavern or a shop where beer, spirit, arrack, toddy, ganja, bhang or 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 includes-

(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 purposes of 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 cause way, viaduct or arch or any road, lane, footway, square, court, 287 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 the Inspector;

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

CHAP

ORGANISATION, SUPERINTENDENCE AND CONTROL OF THE POLICE FORCE.

CHAPTER II

ORGANISATION, SUPERINTENDENCE AND CONTROL OF THE POLICE FORCE

3.

One police force for the whole of Delhi.

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

4.

Superintendence of police force to vest in the Administrator.

4.Superintendence of police force to vest in the Administrator.

-The superintendence of the Delhi 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 be exercisable subject to such superintendence.

5.

Constitution of police force.

5.Constitution of police force. -Subject to the provisions of this Act,-

(a)the Delhi police shall consist of such number in the several ranks and have such organisation and 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 members of, 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 and other conditions of service of the members of the Indian Police Service or the Delhi, Andaman and Nicobar Islands Police Service.

6.

Commissioner of Police.

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

7.

Additional Commissioner of Police.

7.Additional Commissioner of Police. -(1) The Administrator may appoint one or more Additional Commissioners of Police for the purposes of this Act.

(2) The Additional Commissioner of Police shall-

(a) assist the Commissioner of Police in the exercise of his powers and the performance of his duties in such manner and to such extent, and (b) exercise such powers and perform such duties of the Commissioner of Police and within such local limits, as the Administrator may, by general or special order, specify.

288 8.

Deputy, Additional Deputy and Assistant Commissioners of Police.

8.Deputy, Additional Deputy and Assistant Commissioners of Police. -(1) The Administrator may appoint one or more Deputy Commissioners of Police or Additional Deputy Commissioners of Police or Assistant Commissioners of Police for the pur-poses of this Act.

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

9.

Appointment of Principals of Police training institutions.

9.Appointment of Principals of Police training institutions. -(1)

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

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

10.

Constitution of police districts, sub-divisions and police stations.

10.Constitution of police districts, sub-divisions and police stations. -Subject to the control of the 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 comprised in each such sub-

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

11.

Officers in charge of police districts, police sub-divisions andpolice stations.

11.Officers in charge of police districts, police sub-divisions and police stations. -(1) Each police district shall be under the charge of a Deputy Commissioner of Police who may be assisted in the discharge 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 and each police station shall be under the charge of an Inspector of Police.

289 12.

Appointment of subordinate ranks.

12.Appointment of subordinate ranks. -Subject to such general or special orders in writing as 'the Administrator may make in this behalf,-

(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 the Deputy Commissioners of Police, Additional Deputy Commissioners of Police, Principal of the Police Training College or of the Police Training School, or any other police officer of equivalent rank.

13.

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