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THE DELHI POLICE (AMENDMENT) BILL, 2009

By Dale Matthews,2014-08-12 23:48
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THE DELHI POLICE (AMENDMENT) BILL, 2009 ...

    ANNEXURE-A(I)

    THE DELHI POLICE (AMENDMENT) BILL, 2009.

    A

    BILL

    To amend the Delhi Police Act, 1978

BE it enacted by Parliament in Fifty-ninth Year of the Republic of India as

    follows :

     (1) This Act may be called the Delhi Police (Amendment) Act, 2009.

     (2) It extends to the whole of the National Capital Territory of Delhi.

     (3) It shall be deemed to have come into force with effect from the date of

     issue of notification.

Sl. SECTION OF AMENDMENT/PROVISION

    No. D.P.ACT

    1. Section 1 (2) Short title, extent and commencement:-

    Section 1(2)

    It extends to the whole of the “National Capital

    Territory of Delhi‖.

    2. Section 2(h) (i) Definitions :- Section 2 (h) (i) a refreshment room,

    boarding house, banquet hall or any other

    open/enclosed premises where any kind of

    food/snacks/drinks are supplied/served for

    commercial purposes or coffee house, or”

    3. Section 2 (k) Definitions :- Section 2 (k) "place of public amusement"

    means any place where music, singing, dancing or game

    or food and drinks 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 or discotheque etc.;

    4. Section 2(o) (ii) Definitions :- Section 2(o) (ii) “any place accessible to

    the public for drawing water, washing or bathing or for

    purposes of recreation, amusement and

    entertainment‖

    5. Insertion of Section 2 (u) - ―Stalking‖ means when one or Section 2 (u), more persons follow, chase steathingly, apparently (v) and (w) a person or persons to create a sense of injury, (To be added) nuisance, harassment and fear of criminal

    intimidation in the person being followed.

    Section 2 (v) ―Crank telephone calls‖ means such

    telephone calls, whether made once or repeatedly,

    on the same day or over a period of time such that

    it amounts to harassment or criminal intimidation

    of the person receiving or responding to the call.

    Section 2 (w) ―Hoax Calls‖ means any such calls

    made to Police or any individual agency by means

    of telephone/E-mail or any other means of

    communication with the intent to cause false

    alarm, danger and disturbance of public peace

    regarding presence of a bomb or any other

    explosive device, or commission of crime.

    6. Section 3 In Section 3 of Delhi Police Act, 1978 (here-in-after

    (Deletion) referred to as the „Principal Act‟) the words ―including

     the Delhi Armed Police‖, shall be omitted.

     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.

    7. Section 7 Special Commissioner of Police/Joint

    Commissioner of Police/ Additional Commissioner

    of Police (1) The Administrator may appoint one or

    more ―Special Commissioner of Police/Joint

    Commissioner of Police‖ and Additional Commissioner

    of Police for the purposes of this Act.

    (2) ― The Special Commissioner of Police, Joint

    Commissioner of Police and 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.

    8. Section 13 (1) Certificate of appointment :-

    and (3) Section 13 (1) - Every Police personnel in the grade of

    Inspector and below shall on enrolment receive a certificate of appointment.

     Section 13(3) “A certificate of appointment shall

    become null and void whenever the person named

    therein ceases to belong to the Police Force or shall

    remain inoperative during the period within which such

    person is suspended from such force‖.

    9. Section 17 Special Police Officers The existing Section (1) &

     (4)(b) of the „Principal Act‟ may be deleted and in their places the following may be substituted: -

     (1) The Deputy Commissioner of Police

    (Headquarters) may at any time, with the approval of the Commissioner of Police, appoint any number

    of able-bodied male/female persons not less than eighteen years of age whom he considers fit to be Special Police Officers to assist the Delhi Police on any occasion, if it is felt that the ordinary Police force is not sufficient for the protection of persons

    residing, and for the security of property within the area of a police station.

    (4) (b) have the powers as laid down in Section 43

    of Cr.P.C., 1973.

    10. Section 19

    Framing of regulations for administration of the Police :-The Commissioner of Police may make

    regulations or Standing Orders or Circular Orders or any other Instructions of operational and

    administrative nature not inconsistent with this Act or

    any other law for the time being in force

    19(i) for the prevention and investigation of crime,

    19(j) for the maintenance of law and order,

    19(k) prescribing the books and registers to be maintained and the returns to be submitted by Police Officers.

    Section 21 11. Powers of Punishment -

     (1) Subject to the provisions of Article 311 of the

    Constitution and the rules, the Commissioner of Police,

    Special Commissioner of Police, Joint

    Commissioner of Police, Additional Commissioner of

    Police, Deputy Commissioner of Police, Addl. Deputy Commissioner of Police, Principal of the Police Training

    College or of the Police Training School, FRRO or any

    other officer of equivalent rank, may award to any Police Officer of subordinate rank, any of the following major

    punishments, namely: -

    (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 month‟s pay

    (h) Compulsory retirement;

(2) Subject to the rules

    (a) any police officer specified in sub-section (1) may

    award the minor punishment of censure to any police officer of subordinate rank;

(4) The Commissioner of Police, Special Commissioner

    of Police, Joint 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 Police Training School, Assistant Commissioner of Police, or any other police officer of equivalent rank may suspend any police officer of subordinate rank who is reasonably suspected to be

    guilty of misconduct, 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 such misconduct.

    (6) An order of suspension made may be at any time modified or revoked by any authority to which the authority which had passed the order of the suspension is subordinate. However, orders made by the Commissioner of Police may be at any time modified or revoked at any time only by him.

    12. Section 22 Procedure for awarding punishments-

     In the third line, after the words “ reduction in pay”, the

    word ―compulsory retirement‖ may be added. Procedure for awarding punishments When any officer

    passes an order of awarding a punishment of dismissal, removal from service, reduction in rank, forfeiture of service, reduction in pay or compulsory retirement, he

    shall record such order or cause the same to be recorded

    together with the reasons thereof, in accordance with the rules.

    Appeal from orders of punishment 13. Section 23 (a) An appeal against any order of punishment passed against a police officer under section 21 or the rules thereunder (not

    being an order of punishment under clause (c ) of sub-section

    (2) of that section) shall lie

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

    (ii) where the order is passed by a Special Commissioner of

    Police to the Commissioner of Police;

    (iii ) where an order is passed by a Joint Commissioner of

    Police or Additional Commissioner of Police having no intermediatory supervisory Special Commissioner of Police, to the Commissioner of Police.

    (iv) where an order is passed by an Additional

    Commissioner of Police or Joint Commissioner of Police to the Special Commissioner of Police concerned.

23(b) Revision-

    Administrator or any other officer may, at any time, either on his own motion or otherwise call for the records of any

    inquiry and revise, as prescribed, punishment order made under section 21 by a subordinate authority from which an appeal is allowed, but from which no appeal has been preferred or from which no appeal is allowed and may-

    (a) confirm, modify or set aside the order; or

    (b) confirm, reduce, enhance or set aside the penalty

    imposed by the order, or impose any penalty where

    no penalty has been imposed; or

    (c) remit the case to the authority which made the

    order to or any other authority directing such

    authority to make such further enquiry as it may

    consider proper in the circumstances of the case;

    or

    (d) pass such other orders as it may deem fit.

    Provided no proceeding for revision shall be commenced until after-

    (i) the expiry of the period of limitation of an appeal, as

    prescribed, or

    (ii) the disposal of the appeal, where any such appeal has been preferred.

23(c) Review

    Administrator may, at any time, either on his own motion or otherwise review, as prescribed, any order of

    punishment passed against a police officer under section

    21, when any new material or evidence which could not be produced or was not available at the time of passing the order under review and which has the effect of changing the nature of the case, has come or has been brought to his notice.

23(d) Notwithstanding anything contained in any

    judgment, decree or order of any court, tribunal or other authority, Section 23 (a), 23 (b) and 23 (c) shall be deemed to have come into the effect from the date of Delhi Police Act, 1978 came into effect.

    Provided that all action taken or deemed to have been taken under aforesaid rules shall be valid.

    14. Section 26 Certificate, arms etc. to be delivered by person

     ceasing to be a Police Officer-

(1) Every person who for any reason ceases to be a police

    officer shall forthwith deliver to the officer empowered by the Commissioner of Police, Special Commissioner of

    Police, Joint Commissioner of Police, Additional

    Commissioner of Police, Deputy Commissioner of Police, Principal of the Police Training College or of the Police

    Training School, Additional Deputy Commissioner of Police or any other officer of equivalent rank to whom such officer is subordinate, to receive the same, his certificate of appointment and the arms, accoutrements, clothing and other accessories which have been provided to him for the performance of duties and functions connected with his office.

    (2) (a) Any Metropolitan Magistrate and, for special reasons which shall be recorded in writing at the time, the Commissioner of Police, Special Commissioner of

    Police, Joint Commissioner of Police, Additional

    Commissioner of Police, Principal of the Police Training College or of the Police Training School or a Deputy Commissioner, Additional Deputy Commissioner or an

    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).

    15. Section 28 Power to make regulations for regulating traffic and for preservation of order in public places, etc. -

    In Section 28 of the Principal Act under head power to make regulation after clause (1), a new sub- clause

    28(1)(i) shall be inserted :-

    28(1)(i) ―Curbing the practice of slaughtering of animals in any place other than the slaughter

    house sanctioned by the competent authority‖.

    After sub-section (4) of Section 28 of the Principal Act, the following new sub-section shall be inserted namely: -

    ―28(5) Notwithstanding anything contained in this section, it shall be lawful for the competent

    authority to refuse a licence or prohibit the keeping of any place of public amusement or entertainment by any person whose activities, in the opinion of the Competent Authority are prejudicial to the maintenance of public order or

    against public policy, decency or morality;

    Provided that no licence/permission under this sub-section shall be refused to any such person unless he is afforded a reasonable opportunity.

    16. Section 33 Issue of order for prevention of riot etc. :-

    (1)In order to prevent or suppress any riot or grave disturbance of peace, the Commissioner of Police may temporarily close or take possession of any building or other place and may exclude all or any persons therefrom, or may allow access thereto to such persons

    only and on such terms as he shall deem expedient and all persons concerned shall be bound to conduct themselves in accordance with such orders as the Commissioner of Police may make and notify in exercise of his powers under this section.

    After section 33 (1) a new paragraph shall be inserted :-

    Provided that when excluding a person or when allowing access thereto to such person, the Commissioner of Police or any member of the force may issue a verbal order on the spot and it will have the same validity as if it had been notified.

    Deputy Commissioner to award compensation :- 17. Section 44

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

    (2) The District Deputy Commissioner shall pay, from the

    amounts recovered by him as compensation payable under section 41, such amount as he deems just and proper by way of compensation to any person who has suffered loss or damage to property or grievous hurt or to the legal heirs of any

    person who died, by reason of any thing 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 therefor within forty-five days

    from the date of the notification referred to in sub-section (1) of

    section 41 and the District Deputy Commissioner 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 been free from blame in connection with the occurrence which led to the loss, damage, grievous hurt or death.

    18. Section 48(f), 48. Removal of persons convicted of certain offences

    If a person has been convicted (f) of any offence under (g) and (h)

    section 61, section 63 or section 66 of the Punjab Excise Act,

    1914 (Act I of 1914) , as in force in Delhi; or

     Clause (g) of Section 48 of the Principal Act, sub-

    clause (i), (ii) and (iv) shall be deleted.

     A New Clause (i) shall be added after clause (h) under section 48 of the Principal Act, as follows: -

    48(i) ―of any offence under the Narcotics Drugs and Psychotropic Substance Act, 1985 (Act No. 61 of 1985)‖.

    19. Section 53 (b) Section 53 - Procedure on failure of person to leave the area and his entry therein after removal

    Section 53(b) ―any police officer above the rank of Sub-Inspector may cause him to be arrested and produce before the Judicial Magistrate having necessary jurisdiction for ordering detention of

    such person for the remaining period of his

    externment‖.

    20. Section 67 Procedure for disposal of property taken charge of under section 66 :-

    (2) If the property, or any part thereof, is subject to speedy and natural decay or consists of livestock or if the

    property appears to be of the value of less than one

    thousand rupees, it may forthwith be sold by auction under the orders of the Commissioner of Police or any

    other officer nominated by the Commissioner of Police and the net proceeds of such sale shall be dealt

    with in the same manner as is hereinafter provided for the disposal of the said property.

    21. Section 68 Delivery of property to person entitled :-

    (1) The Commissioner of Police or any other officer

    authorised by the Commissioner of Police on being

    satisfied of the title of any claimant to the possession or administration of the property specified in the proclamation issued under sub-section (1) of section 67,

    order the same to be delivered to him, after deduction or payment of the expenses incurred by the Delhi Police in the seizure and detention thereof.

    (2) The Commissioner of Police or any other officer

    authorised by the Commissioner of Police may, at

    his discretion, before making any order under sub-section

    (1), take such security as he may think proper from the person to whom the said property is to be delivered and nothing hereinbefore contained shall affect the right of any person to recover the whole or any part of the same from the person to whom it may have been delivered

    pursuant to such order.

    (3) If any person being registered owner of any unclaimed vehicle is identified and intimated about the seizure of the vehicle and he does not take delivery of the vehicle within three days of the receipt of such

    intimation then officer/categories of officers authorized by Commissioner of Police, Delhi may impose parking charges on the registered owner as prescribed by the

    concerned local authority (MCD/ NDMC/ PWD/

    Contonment Board).

    22. Section 70 Power of Central Government to authorize

    Commissioner of Police and certain other officers to exercise powers of District Magistrates and Executive Magistrates under the Code of Criminal Procedure, 1973.

    (1) The Central Government may, by notification in the Official Gazette and subject to such conditions

    and limitations as may be specified therein, empower

    (a) the Commissioner of Police or Special

    Commissioner of Police or Joint Commissioner of Police or an Additional Commissioner of Police, Deputy Commissioner of Police/Additional Deputy

    Commissioner of Police or Assistant Commissioner of Police Sub-Division to exercise and perform in

    relation to Delhi the powers and duties of an Executive Magistrate and of a District Magistrate under such of the provisions of the Code of Criminal Procedure, 1973, as

    may be specified in the notification ;

    23. Section 82 Exposing animal for hire, sale, etc. :-

    82 (b) No person shall expose animals in religious processions and other public gatherings. Any such violation be punished with fine of Rs.5000/- &

    imprisonment of one month.

    24. Section 84 Obstructing a footway:- No person shall drive, ride, load, propel or leave on any footway any animal or vehicle other than a perambulatory or fasten any animal in such away that the animal can stand across or upon

    such footway.

    25. Section 86 Doing offensive acts in or near any street or public place :-

    86(b) No person shall expose any human or animal dead body in a public place which may lead to a breach of peace. Any such violation be punished with fine of Rs.5000/- & imprisonment of three

    years.

    26. Section 92 Obstructing or annoying passer-by in the street :-

    No person shall willfully push, press, hustle or obstruct any passer-by in a street or public place, tease or pass

    indecent remarks or by violent movements, menacing or indecent gestures, wanton personal annoyance, screaming shouting, willfully frightening borses or cattle

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