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DELHI SPECIAL POLICE ESTABLISHMENT ACT.1946
25 of 1946
An Act to make provision for the constitution of a special police force
1[in Delhi for the investigation of certain offences in2[the Union territories]], for the superintendence and administration of the said force and for the extension to other3[* * *] of the powers and jurisdiction of members of the said force in reward to the investigation of the said offences. Whereas it is necessary to constitute a special police force1[in Delhi for the investigation of certain offences in2[the Union territories ]] and lo make provision for the superintendence and administration of the said force and for the extension lo other areas3[* * *] of the powers and jurisdiction of the members of the said force in regard lo the investigation of the said offences; II is hereby enacted as follows:-
1952 - The objects and reasons for the amendments made by Act 26 of 1952 are stated as follows: - "The Delhi Special Establishment is a Central Police Force constituted under the Delhi Special Police Establishment Act to investigate offences of bribery and corruption committed by officers or others in departments of Central Government. It does not confer any power to deal with cases concerning - (a) corporation and other bodies set up and financed by the Government of India: and (b) departments of the administrations in centrally administered States. It is considered necessary that the Delhi Special Police Establishment should be empowered to investigate such offences. The amending Bill seeks to give authority to the Central Government to confer this jurisdiction." - S.C.R... Gazette of India, 1951 Part II. .Sec. 2, p. 632.
SECTION 01: SHORT TITLE AND EXTENT
(1) This Act may be called the Delhi Special Police Establishment Act, 1946.
(2) It extends to4[the whole of India],5'[* * *].
SECTION 02: CONSTITUTION AND POWERS OF SPECIAL POLICE ESTABLISHMENT
(1) Notwithstanding anything in the Police Act, 1861-, the Central Government may constitute a special police force to be called the Delhi Special Police Establishment6[* * *] for the investigation7[in any8[Union territory]] of offences notified under section 3-.
(2) Subject to any orders which the central Government may make in this behalf, members of the said police establishment shall have throughout 9(any8[Union territory]] in relation to the investigation of such offences and arrest of persons concerned in such offences, all the powers duties, privileges and liabilities which police officers of10[that Union territory] have in connection with the investigation of offences committed therein.
(3) Any member of the said police establishment of or above the rank of Sub-Inspector may, subject lo any orders which the Central Government may make in this behalf, exercise in9[any8 [ Union territory]] any of the powers of the officer in charge of a police station in the area in which he is for the lime being and when so exercising such powers shall, subject to any such orders as aforesaid, be deemed lo be an officer in charge of a police station discharging the functions of such an officer within the limits of his station.
SECTION 03: OFFENCES TO BE INVESTIGATED BY SPECIAL POLICE ESTABLISHMENT
The Central Government may, by notification11in the Official Gazette, specify the offences or classes of offences12[* * *] which are lo be investigated by the Delhi Special Police Establishment.
SECTION 04: SUPERINTENDENCE AND ADMINISTRATION OF SPECIAL POLICE ESTABLISHMENT
(l)The Superintendence of the Delhi Special Police Establishment shall vest in the Central Government.
(2) The administration of the said police establishment shall vest in an officer appointed in this behalf by the Central Government who shall exercise in respect of that police establishment such of the powers exercisable by an Inspector- General of Police in respect of the police force in a13 [State], as the Central Government may specify14 in this behalf.
SECTION 05: EXTENSION OF POWERS AND JURISDICTION OF SPECIAL POLICE ESTABLISHMENT TO OTHER AREAS
(1) The Central Government may by order18extend to any area (including Railway areas),15[in16 [a State, not being a Union territory]] the powers and jurisdiction of members of the Delhi Special Police Establishment for thc investigation of any offences or classes of offences specified in a notification under section 3-.
(2) When by an order under sub-section (1) the powers and jurisdiction of members of the said police establishment are extended lo any such area, a member there of may, subject to any orders which the Central Government may make in this behalf, discharge the functions of a police officer in that area and shall, while so discharging such functions, be deemed to be a member of a police force of that area and be vested with the powers, functions and privileges and be subject lo the liabilities of a police officer belonging lo that police force. 17[(3) where any such order under sub-section (1) is made in relation lo any area, then, without prejudice to the provisions of sub-section (2) any member of the Delhi Special Police Establishment of or above the rank of Sub-Inspector may subject to any orders which the Central Government may make in this behalf, exercise the powers of the officer in charge of a police station in that area and when so exercising such powers, shall be deemed lo be an officer in charge of a police station discharging the functions of such an officer within the limits of his station.]
SECTION 06: CONSENT OF STATE GOVERNMENT TO EXERCISE OF POWERS AND JURISDICATION
Nothing contained in section 5-shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction21in any area in20[a State, not being a Union territory or railway area], without the consent of the Government of that State.]
SECTION 07: REPEAL OF' ORDINANCE 22 OF 1946
[Repealed by the Repealing and Amending Act, 1950 (35 of 1950), S. 2 and Sch. I.]
Footnotes:
4. Substituted for the words "all the Provinces of India" by A.L.O., 1950.
5. Words "except the State of Jammu and Kashmir" which were substituted for the words "except Part B States" by the Pan B States (Laws) Act. 1951 (3 of 1951), were omitted by the Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1956). Section 2 and Schedule. The Act has been extended to the new Provinces and Merged States by the Merged States (I .aws) Act. 1949 (59 of 1949). S. 3(1-1- 1950) and to the Union Territories of Manipur. Tripura by the Union Territories Cl .aws) Act, 1950 ("V) of 1950). S.3 (16-4-1950). Vindhya Pradesh. to which this Act was extended, now forms part of the State of Madhva Pradesh - SecAct37ofl956.S. 9 (l) (e) (l-l-]956). Manipur and Tripura are also States now - See Act 81 of 1971. This Act has now been extended to the Union Territories of - (i) Goa. Daman and Diu. by Reg. 12 of 1962 (27-12-1962): Goa is now a State. (ii) Dadra and Nagar Haveli. by Reg. 6 of 1963 (1-7-1965): (iii) Pondicherry. by Reg. 7 of 1963 (1-10-1963). (iv) Laccadive. Minicoy and Amindivi Islands, by Reg. 8 of 1965. Now known as Lakshdweep Islands - See Act M of 1973. The Act has been applied to the Union Territory of Himachal Pradesh with effect from 25-12-1948-See the Himachal Pradesh (Application of Laws) Order. 1948, published in Gazette of India. 1949. Pt. 1. .see. 1, p. 87: H.P. is now a State - See Act 53 of 1970. Before 1950. the Act was applied to - (i) Darjeeling district - See Calcutta Gazette. 20-3-1947. Pt. 1. p. 470; (ii) Chhota Nagpur Division and Santhal Parganas - See Bihar Gazet, 8-1-1947. Pi. II. p. 66: both these areas form part of Bihar State - See Act 37 of 1956. (iii) Khasi Stales inccluding Shillong administered areas - See Assam Gazette, 7-12-1949. Pt. II. p. 1761. Now forming pail of' Meglialaya State - See Act 55 of 1969. S. 3 (2-1-1970).
6. Words "for the State of Delhi" were omitted by the Delhi Special Police Establishment (Amendment) Acl. 1952 (26 of 1952). S. 3 (6-3-1952).
7. Substituted for the words "in that State", the Delhi Special Police Establishment (Amendment) Acl. 1952 (26 of 1952). S. 3 (6-3-1952).
8. Substituted for the words "Part C State " by 3 A.L.O.. 1956.
9. substituted for the words "the Slate of Delhi", A.L.O.. 1956.
10. Substituted for the words "that State", A.L.O.. 1956.
11. For some spccifications of offences specified, see S.R.O. 2571. date 6-11-1956. published in Gazette of India. 19S6.Parl II. See. 3. p.l863: G.S.R. 305. Gazette of India, 23-2-l963, Pt. II. See. 3 (i). p. 2S2: G.S.R.. 577. A.L.O.. 1956. 1964 Pt. II Section 3 (i), p. 616: S.0.2062. A.L.O.. Pt. II. Sec. 3 (ii), p.2262: G.S.R. 358 A.L.O.. Pi. II, section* 3 (i). p.390: S.O. 3026, A.L.O.. Pt. II. Sec. 3 (ii), Extraordinary. p. 1439. S.0. 3977. A.L.O.. Pt. II, Sec. 3 (ii). p. 3629: S.O. 4501. A.L.O.. Pt. II. Sec. 3 (ii), p.4745: S.O. 160 A.L.O.. Pt II . S. 3 (ii). p. 235; S.O. 2448. A.L.O.. 1956 1970 Pt. II S. 3 (ii) p.3140 and S.Os. 2449.2453, A.L.O.. 1956. pp. 3141.3145' S.O. 2976. A.L.O.. Pt. II, S. 3 (ii). Ext. p. 1459 S.O. 160. A.L.O.. pt. U.S. 3 (ii) p 235: S.Os. A.L.O.. Pt. II S. 3 (ii) pp. 3140.3141. 3146. S.O. 1465. A.L.O.. Pt. US. 3 (ii) p. 1763: S.O.s 682. 1663. A.L.O.. Pt. U.S. 3 (ii)pp. 1076.2127: S.Os. 18 (e). 495 (K). 496(E). A.L.O.. Pt. II. S.3 (ii) Ext.. pp. 157. 1553. 1554: S.O. 225(E). A.L.O.. 1956-1976 Pt. II, S. 3 (ii) Ext. p.661: S.Os. 3007, A.L.O.. Pt. II. S. 3 (ii) pp. 3916. 2479: S.Os. 442 (E.) A.L.O.. 1956 1978. Pt. II, S. 3 (ii) l;xl.. p. 856: S.O. 1284/85. S.O. 3520/87. S.O. 2301/89. S.Os. 1316.1317.1318.711.241)4.2405.2406.2407,2479,3274/90. S.O. 593. 2594/92 and S.O. 252/93.
12. Words "commited in connection with matters concerning Departments of the Central Government" were omitted by the Delhi Special Police Establishment (Amendment) Act, 1952 (26 of 1952 ). S. 5 (6-3-1952).
13. Subsituted for the word 'Province' by A.L.O., 1950.
14. See S.R.0.2570. dated 31-10-1956. published in Gazette of India. 1956, Pt. II. Sec. 3, p. 1862.
15. Substituted for the words "in India outside the Slate of Delhi" by the Delhi Special Police Establishment (Amendment) Act. 1952 (26 of 1952). Section 5 (6-3-1952).
16. substituted lor the words "a Pail A Slate oi-a Part B Slate" by 3 A.L.O., 1956.
17. Inserted by the Anti-Corruption Laws (Amendment) Act. 1964 ( 40 of 1964). Section 5 (18-12-1964).
18. For some of the orders under this section, see O.S.R. 306, Gazette of India. 28-2-1963. p. 283: G.S.R. 578. dt. 11-4-1964. p. 617: S.O. 1183dt. 17-4-1965. p.l320: S.0.2063.dl. 3-7-1965. p. 2262: S.0.2557dt. 21-8-1965. p. 2799: S.O. 2393. dt. 6-S- 1966. p. 2321: S.O. 3978. dt. 31-12-1966. p. .3629: S.O. 2146. dt, dt. 1-7-1967. p. 2183. which substitutes -Punjab and Haryana' for -Punjab' in G.S.R. 306: S.O. 1183, S.O. 2063. S.O. 2393, S.O. 760. dt. 4-3-1967. p. 588: S.Os. 3786.3787. dt. 28-10-1967, p. 4010: S.O. 4502. dt. 23-12-1967. P. 4745: S.0.1442. dt. p. 1960: S.O. 3825, dt. 2-11-1968. p. 4872: S.O. 178, dt 18-1-1969, p. 296: S.Os. 2450.2456.2453, dt. 25-7-1970. pp. 3142. 3146: S.O. 2977. dt. 7-9-1970. p. 1460: S.O. 2261. dt. 4-7.1970: p. 2907; S.O. 1466. dl. 3-4-1971. p. 1763: S.O. 19 (E). dt. 7-1-1975. p. 158: S.O. 226 (K) dt. 23-3-1976 p. 662: S.O. 1369. dt. 17-5-1980. p. 1398. S.O. 1748, 1749, 2295, 2296, 2297, 2298, 2299 and 2300/89. S.0.1026. 1456/90.S.O..521/91.S.O, 910(10/92.
20. Substituted for the words "a Part A Slate or a Part U State not being a railway area " by 3 A.L.O, 1956.
21. See S.O. II, Gax. of India. 1971. Pt. II. S. 3 (ii) p. 18 for such a notification.
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