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POLICE ACT, 1888
3 of 1888
[17th February, 1888.]
STATEMENT OF OBJECTS AND REASONS "Under the provisions of the various Police Acts in force in British India, namely. Acts 24 of 1859 and 5 of 1861 and Bombay Act 7 of 1867, the employment of police officers is restricted to the presidency, province or place of the police establishment of which they are members. These provisions cause much inconvenience. In the case of a railway system passing through territories under the administration of different Local Governments, they necessitate the employment of a different police force under the control of a different authority for each portion of the line which is within the limits of the territories of a different Local Government. On the North Western Railway, for example, there are at present no less than seven different forces of police under the control of various authorities. Again these provisions prevent even the temporary employment, on an emergency, of police officers of one province in any part of another province. With the object of removing these inconveniences this Bill has been prepared. In order to provide for the employment, under the control of one police authority, of one police force within limits which are not conterminous with the limits of a Local Administration, the Bill empowers the Governor-General in Council to create general police districts embracing parts of two or more provinces and to enroll for service therein a special police force under special police authorities, and it further authorises the temporary employment of police officers in places beyond the presidency or general police district to which they belong."-Gaz. of Ind., 1888, Part V, page 130.
An Act to amend the law relating to the Regulation of Police. WHEREAS it is expedient to relax those provisions of Acts for the regulation of police which restrict the employment of police officers to the presidency, province or place of the police establishment of which they are members; It is hereby enacted as follows :- The Act has been declared, by notification under section 3(a) of the Scheduled Districts Act, 1874 (14 of 1874), to be in force in the Districts of Hazaribagh, Lohardaga (now called the Ranchi District, see Calcutta Gaz., 1899, Pt. I, p. 44), Manbhum and Palamau, and in Pargana Dhalbhum and the Kolhan in the Singbhum District, see Gazette of India, 1895, Pt. I, page 130; and by notification under the Sonthal Parganas Settlement Regulation (3 of 1872), section 3(3)(a) to be in force in the sonthal Parganas, see Bihar and Orissa Gazette, 1930, Pt. II, page 880. It has been extended to Berar by Berar Laws Act, 1941 (4 of 1941). The Act has been extended to the new Provinces and Merged States bythe Merged States (Laws) Act, 1949 (59 of 1949), s.3 (1-1-1950) and to the States of Manipur, Tripura and Vindhya Pradesh by the Union Territories (Laws) Act, 1950 (30 of 1950). s. 3 (16-4-1950). Manipur and Tripura are States now (see Act 81 of 1971). but Vindhya Pradesh is a part of the State of M.P. (see Act 37 of 1956, s. 9). It has also been extended lo States merged in the States of- Bombay : see Bom. Act 4 of 1950, s. 3 (30-3-1950). Punjab : see Punj. Act 5 of 1950, s. 3 (15-4-1950). The Act has also been extended to the Union Territories of- (1) Goa, Daman and Diu, by Regn. 12 of 1962 (15-12-1963); (2) Dadra and Nagar Haveli, by Regn. 6 of 1963; (3) Pondicherry, by Regn. 7 of 1963 (1-10-1963); (4) Laccadive, Minicoy and Amindivi Islands, by Regn. 8 of 1965
(1-10-1967). The Act has been extended to Sikkim by S.O. 208(E), dated 16-5-1975, see Gaz. of India, 16-5-1975, Pt. II. S. 3(ii), Ext.,p. 1213.
SECTION 01: TITLE AND EXTENT
(1) This Act may be called The Police Act, 1888.
2[(2) It extends to the whole of India.]3[*].3[* * * * * * * * *].
SECTION 1A- 11A
4[* * * * * * * * *]
SECTION 02: CONSTITUTION OF POLICE FORCES FOR SPECIAL PURPOSES
(1) Notwithstanding anything in the Madras District Police Act, 1859,the Indian Police Act, 1861-,the Bombay District Police Act, 1890 , or any Act relating to the police in any Presidency-town, the Central Government may. by notification, in the Official Gazette, create a special police district embracing parts of two or more6[States], and extend to every part of the said district the powers and jurisdiction of members of a police force belonging to 7[a State] specified in the notification.
(2) Subject to any orders which the Central Government may make in this behalf, members of the said police force shall have within every part of any6[State] of which any part is included in the said district, the powers, duties, privileges and liabilities which, as police officers, they have in their own6[State].
(3) Any member of the said police force whom the Central Government shall generally or specially empowers to act under this sub-section may, subject to any orders which the Central Government may make in this behalf, exercise within any6[State] any part of which is included in the said district any of the powers of the officer in charge of a police station in the6[State], and when so exercising any such powers, shall, subject to any such order as aforesaid, be deemed to be an officer in charge of a police station discharging the functions of such an officer within the limits of his station.
(4) A part of a6[ State] included in the said district shall not by reason of that inclusion cease for the purposes of any enactment relating to police to be part of that6[State].]
SECTION 03: EMPLOYMENT OF POLICE OFFICERS BEYOND THE STATE TO WHICH THEY BELONG
Notwithstanding anything in any of the Acts mentioned or referred to in the last foregoing section, but subject to any orders which the8[Central Government] may make in this behalf, a member of the9[police force] of any10[State I may discharge the functions of a police officer in any part of11[any other State] and shall, while so discharging such functions, be deemed to be a member of the 9 [police force] of that part and be vested with the powers, functions and privileges, and be subject to the liabilities, of a police officer belonging to12[that police force].
SECTION 04: CONSENT OF STATE GOVERNMENT TO EXERCISE OF POWERS AND JURISDICTION
Nothing in this Act shall be deemed to enable the police of one14[State] to exercise powers and jurisdiction in any area within another14[State ], not being a railway area without the consent15of the Government of that other14[State ].]
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