The Delhi Police Act, 1978
Administered Ministry: Ministry of Home Affairs / Department of Internal Security
Section
Section 141 Licences and written permissions to specify conditions, etc., and to be signed.
(1) Any licence or written permission granted under the provisions of this Act shall specify the period and locality for which, and the conditions and restrictions subject to which, the same is granted, and shall be given under the signature of the competent authority.
(2) Any licence or written permission granted under this Act may at any time be suspended or revoked by the competent authority if any of its conditions or restrictions are infringed or evaded by the person to whom it has been granted, or if such person is convicted of any offence with respect to any matter to which such licence or permission relates.
(3) When any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the persons to whom the same was granted shall, for all purposes of this Act, be deemed to be without a licence or written permission, until the order for suspending 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 the same remains in force, at all reasonable times, produce the same, if so required by a police officer.
Explanation.—For 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 been granted shall be deemed to be infringement or evasion or, as the case may be, conviction of, the person to whom such licence or written permission has been granted.
(2) Any licence or written permission granted under this Act may at any time be suspended or revoked by the competent authority if any of its conditions or restrictions are infringed or evaded by the person to whom it has been granted, or if such person is convicted of any offence with respect to any matter to which such licence or permission relates.
(3) When any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the persons to whom the same was granted shall, for all purposes of this Act, be deemed to be without a licence or written permission, until the order for suspending 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 the same remains in force, at all reasonable times, produce the same, if so required by a police officer.
Explanation.—For 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 been granted shall be deemed to be infringement or evasion or, as the case may be, conviction of, the person to whom such licence or written permission has been granted.
Section 142 Public notices how to be given.
Any notification which may be publicly promulgated, public notice required to be given, order required to be notified publicly or proclamation required to be issued under any of the provisions of this Act shall be in writing, under the signature of a competent authority and shall be published in the locality to be affected thereby, by affixing copies thereof in conspicuous public 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 more of these means and by any other means it may think suitable.
Section 143 Consent, etc., of a competent authority may be proved by writing under its signature.
Whenever under this Act, the doing or the omitting to do anything or the validity of anything depends upon the consent, approval, declaration, opinion or satisfaction of the competent authority, a written document signed by the competent authority, purporting to convey or set forth such consent, approval, declaration, opinion or satisfaction shall be sufficient evidence thereof.
Section 144 Signature on notices, etc., may be stamped.
Every licence, written permission, notice or other document, not being a summons or warrant or search warrant, required by this Act or by any rule or regulation made thereunder, to bear the signature of the Commissioner of Police, shall be deemed to be properly signed if it bears a facsimile of his signature stamped thereon.
Section 145 Persons interested may seek to annul, reverse or alter any rule or order.
(1) In the case of any rule or order made by the Administrator under an authority conferred by this Act and requiring the public or a particular class of persons to perform some duty or act, or to conduct or order themselves or those under their control in a manner therein described, it shall be competent for any person interested to apply to the Administrator by a memorial to annul, reverse, or alter the rule or order aforesaid on the ground 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 of four 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 to institute a suit in the principal civil court of original jurisdiction against the Administrator for a declaration 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 a rule or order to be unlawful, the rule or order shall be annulled or so altered as to make it conformable to law.
(2) After such an application as aforesaid and rejection thereof wholly or in part or after the lapse of four 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 to institute a suit in the principal civil court of original jurisdiction against the Administrator for a declaration 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 a rule or order to be unlawful, the rule or order shall be annulled or so altered as to make it conformable to law.
Section 146 Powers of Commissioner of Police under other Acts.
(1) The Commissioner of Police shall exercise all powers and discharge all functions which may be exercised or discharged by a District Magistrate under the Acts mentioned in Schedule I including the rules made thereunder.
(2) The Commissioner of Police may authorise any Additional Commissioner of Police, Deputy Commissioner of Police or Additional Deputy Commissioner of Police to exercise any of the powers or discharge any of the functions of the Commissioner of Police mentioned in sub-section (1) in accordance with 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), shall be exercised and discharged by the Administrator or such officer as the Administrator may, by notification in the Official Gazette, authorise in this behalf.
(2) The Commissioner of Police may authorise any Additional Commissioner of Police, Deputy Commissioner of Police or Additional Deputy Commissioner of Police to exercise any of the powers or discharge any of the functions of the Commissioner of Police mentioned in sub-section (1) in accordance with 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), shall be exercised and discharged by the Administrator or such officer as the Administrator may, by notification in the Official Gazette, authorise in this behalf.
Section 147 Power to make rules. 10 docs
(1) The Administrator may make rules for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(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) of section 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 whom an 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) of section 69 and the form and manner in which claims may be made under that sub-section, the procedure for dealing with such claims and all other matters connected therewith under sub-section(3) of that section;
(k) payment to any police officer or division among two or more police officers the whole or any portion 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 this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(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) of section 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 whom an 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) of section 69 and the form and manner in which claims may be made under that sub-section, the procedure for dealing with such claims and all other matters connected therewith under sub-section(3) of that section;
(k) payment to any police officer or division among two or more police officers the whole or any portion 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 this Act.
Section 148 Notification of rules and regulations in the Official Gazette and laying of rules and regulations.
(1) Every rule and regulation made under this Act shall be made by notification in the Official 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 be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, as the case may be, or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice 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 Council of Delhi.
(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 be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, as the case may be, or both Houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice 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 Council of Delhi.
Section 149 Cesser of operation of certain enactments and savings.
(1) On the commencement of this Act the enactments specified in Schedule II shall cease to be in force in Delhi;
Provided that—
(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 arrested or detained or discharged on bail or bond, search warrants issued, bonds forfeited and penalties incurred under any such enactment shall, in so far as they are consistent with this Act, be deemed to have 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 in force 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 shall not affect—
(a) the validity, invalidity, effect or consequence of anything done or suffered to be done thereunder before the commencement of this Act;
(b) any right, privilege, obligation or liability already acquired, accrued or incurred thereunder before such commencement;
(c) any penalty, forfeiture or punishment incurred or inflicted in respect of any act thereunder before 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 before such commencement or anything done or suffered to be done in the course of such proceedings, and any 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 the case may be, as if this Act had not been enacted.
Provided that—
(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 arrested or detained or discharged on bail or bond, search warrants issued, bonds forfeited and penalties incurred under any such enactment shall, in so far as they are consistent with this Act, be deemed to have 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 in force 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 shall not affect—
(a) the validity, invalidity, effect or consequence of anything done or suffered to be done thereunder before the commencement of this Act;
(b) any right, privilege, obligation or liability already acquired, accrued or incurred thereunder before such commencement;
(c) any penalty, forfeiture or punishment incurred or inflicted in respect of any act thereunder before 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 before such commencement or anything done or suffered to be done in the course of such proceedings, and any 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 the case may be, as if this Act had not been enacted.
Section 150 Police force functioning in Delhi immediately before the commencement of this Act to be deemed to be police force constituted under this Act.
Without prejudice to the provisions contained in 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, be deemed to be police force constituted under this Act and every member of the existing police force holding 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 the corresponding entry in column (2) of that Schedule;
(b) all proceedings (including proceedings by way of investigations) pending before any police officer of the existing police force, immediately before the commencement of this Act shall on such commencement be deemed to be proceedings pending before him in his capacity as the holder of the office 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 a District Magistrate or Executive Magistrate immediately before the commencement of this Act has been conferred on the Commissioner of Police or any other police officer by or under this Act, all proceedings in relation to or arising from the exercise of such power or the discharge of such function pending immediately before such conferment before the District Magistrate, or the Executive Magistrate, as the case may be, shall, on the conferment of such power or function on the Commissioner of Police or other police officer stand transferred to the Commissioner of Police or other police officer, as the case may be, and the officer to whom such proceedings stand so transferred shall either proceed de novo or from the stage of such transfer.
(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, be deemed to be police force constituted under this Act and every member of the existing police force holding 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 the corresponding entry in column (2) of that Schedule;
(b) all proceedings (including proceedings by way of investigations) pending before any police officer of the existing police force, immediately before the commencement of this Act shall on such commencement be deemed to be proceedings pending before him in his capacity as the holder of the office 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 a District Magistrate or Executive Magistrate immediately before the commencement of this Act has been conferred on the Commissioner of Police or any other police officer by or under this Act, all proceedings in relation to or arising from the exercise of such power or the discharge of such function pending immediately before such conferment before the District Magistrate, or the Executive Magistrate, as the case may be, shall, on the conferment of such power or function on the Commissioner of Police or other police officer stand transferred to the Commissioner of Police or other police officer, as the case may be, and the officer to whom such proceedings stand so transferred shall either proceed de novo or from the stage of such transfer.
Section 151 Power to remove difficulties.
(1) If any difficulty arises in giving effect to the provisions of this Act in consequence of the transition to the said provisions from the provisions of the enactments mentioned in Schedule II, the Central Government may, by notification in the Official Gazette, make such provisions 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 the commencement of this Act.
(2) Every notification issued under this section shall, as soon as may be after it is issued, be laid before each House of Parliament.
Provided that no such notification shall be issued after the expiry of two years from the commencement of this Act.
(2) Every notification issued under this section shall, as soon as may be after it is issued, be laid before each House of Parliament.
Section 152 Repeal and saving.
(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 repealed shall be deemed to have been done or taken under the corresponding provisions of this Act.
(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act.