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THE POLICE (UTTAR PRADESH AMENDMENT) ACT, 1984
THE POLICE (UTTAR PRADESH AMENDMENT) ACT, 1984
Act No. 10 of 1984
(U.P. Act No. 10 of 1984)
An Act further to amend the Police Act, 1861 in its application to Uttar Pradesh.
It is hereby enacted in the Thirty-fifth Year of the Republic of India as follows:-
Short title
1. This Act may be called the Police (Uttar Pradesh Amendment) Act, 1984.
Amendment of section 1 of Act V of 1861
2. In the Police Act, 1861, hereinafter referred to as the principal Act, in section 1, for the existing fifth clause defining the words ‘District Superintendent’, the following clause shall be substituted, namely:-
“the words ‘District Superintendent’ and ‘District Superintendent of Police’ shall include an Additional District Superintendent or Joint District Superintendent or Assistant District Superintendent or other person appointed by general or special order of the State Government to perform all or any of the duties of a District Superintendent of Police under this Act in any district.”
Amendment of section 4
3. In the principal Act, in section 4, -
(i) for the words “Inspector General of Police, and in such, the words “Director General-cum-Inspector-General of Police and in such Inspectors-General”, shall be substituted;
(ii) for the words “Assistant District Superintendents”, the words “Additional District Superintendents, Joint District Superintendents and Assistant District Superintendents” shall be substituted.
4. Amendment of Section 5
In the principal Act, in section 5, for the words “Inspector General of Police”, the words “Director General-cum-Inspector General of Police” shall be substituted.
Amendment of Section 7
5. In the principal Act, in section 7, for the words “Inspector General”, the words “Director General-cum-Inspector-General, Inspectors General”, shall be substituted.
Amendment of section 8
6. In the principal Act, in section 8, for the words “Inspector General” wherever occurring the words “Director General-cum-Inspector General” shall be substituted.
Amendment of section 10
7. In the principal Act, in section 10, for the words “Inspector General” the words “Director General-cum-Inspector General” shall be substituted.
Amendment of section 12
8. In the principal Act, in section 12, for the words “Inspector General” wherever occurring, the words “Director General-cum-Inspector General” shall be substituted.
Amendment of section 13
9. In the principal Act, in section 13, for the words “Inspector General” wherever occurring, the words “Director General-cum-Inspector General or Inspector General”, shall be substituted.
Amendment of section 14
10. In the principal Act, in section 14, for the words, “Inspector General”, wherever occurring, the words “Director General-cum-Inspector General”, shall be substituted.
Amendment of section 15
11. In Section 15 of the principal Act in sub-section (2), for the words “Inspector General”, the words “Director General-cum-Inspector General” shall be substituted.
Amendment of section 30
12. In section 30 of the principal Act, in sub-section (1), for the words “Assistant District Superintendent”, the words “Additional District Superintendent or Joint District Superintendent or Assistant District Superintendent” shall be substituted.
Amendment of section 30-A
13. In section 30-A of the principal Act, in sub-section (1), for the words “Assistant District Superintendent”, the words “Additional District Superintendent or Joint District Superintendent or Assistant District Superintendent” shall be substituted.
Amendment of section 32
14. In the principal Act, in section 32, for the words “Assistant District Superintendent” the words “Additional District Superintendent or Joint District Superintendent or Assistant District Superintendent” shall be substituted.
Amendment of section 42
15. In the principal Act, in section 42, for the words, “an Assistant District Superintendent” the words “Additional District Superintendent or Joint District Superintendent or Assistant District Superintendent” shall be substituted.
Amendment of section 45
16. In the principal Act, in section 45 for the words “Inspector General” the words “Director General-cum-Inspector General” shall be substituted.
(U.P. Act No. 5 of 1985)
An Act further to amend the Police Act, 1861, in its application to Uttar Pradesh
It is hereby enacted in the Thirty-fifth Year of the Republic of India as follows:-
Short title and commencement
1. (1) This Act may be called the Police (Uttar Pradesh Amendment) Act, 1984.
(2) It shall come into force on such date as the State Government may, by notification appoint in this behalf.
In Section of new sections 32-A and 32-B in Act no. V of 1861
2. In the Police Act, 1861, as amended in its application to Uttar Pradesh, after section 32, the following sections shall be inserted, namely:-
Power to prohibit mass drill or mass training etc.
“32-A “(1) The Magistrate of the district may, whenever he consider it necessary so to do for preservation of the public peace or public safety or for the maintenance of public order, by public notice or by order directed to individuals in any place prohibit, in any area within his jurisdiction, the carrying of arms or the holding of or taking part in any mass drill or mass training with arms where it arouses reasonably apprehension that the participant in such drill or training are likely to cause fear or alarm or a felling of insecurity among the public or any section thereof.
Explanation – For the purpose of this section “arms” means any type of offensive weapon and includes lathi, danda, stick and balcha.
(2) No prohibition under this section shall remain in force for more than three months:
Provided that if the State Government considers it necessary so to do for the preservation of public peace or public safety or for the maintenance of public order, it may, by notification, direct that a public notice or order issued by Magistrate of the district under sub-section (1) shall remain in force for such further period, not exceeding six months from the date on which such notice or order would have, but for such direction, expired as it may specify in the said notification.
(3) The Magistrate of the district may, either on his own motion or on the application of any person aggrieved, rescind or alter any order made by him under sub-section (1).
(4) The State Government may, either on its own motion or on the application of any person aggrieved, rescind or alter any order made by it under the proviso to sub-section (2) or by the Magistrate of the District Under sub-section (1).
(5) Where an application under sub-section (3) or sub-section (4) is received, the Magistrate of the District or the State Government, as the case may be, shall afford to the applicant an opportunity of appearing before him or it either in person or by Pleader and showing cause against the order; and if the Magistrate of the District or the State Government, as the case may be, rejects the application wholly or in put, he or it shall record in writing the reasons for so doing.
Penalty for contravention of prohibition under section 32-A
32-B. (1) Whoever contravenes any prohibition made under section 32-A, shall be liable on conviction before a Magistrate, to imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees or with both.
(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence punishable under this section shall be cognizable.
