Keywords : Cattle, City of Bangalore, Common Gaming-House, District, Gaming, Wagering or Betting, Game of Chance, Head Constable, Inspector-General, Commissioner, Deputy Inspector- General, Assistant Commissioner, Superintendent, Additional Superintendent, Instruments of Gaming, Municipality, Place of Public Amusement, Place of Public Entertainment, Police officer, Public Place, Rules, Street, Subordinate Police, Superior Police, Vehicle
Amendments appended: 30 of 2012, 49 of 2013
F OBJECTS AND REASONS
I
Act 4 of 1964.- At present in the different Areas of the State there are different laws for
the regulation of police force, the maintenance of public order and allied matters and also for
the prevention of gambling. It is proposed to have one uniform law on these subjects for the
entire State. Hence this Bill.
The following are the important provisions of the Bill, namely:—
(1) provision is made for the appointment of a police officer not below the rank of a
Deputy Inspector-General of Police to be the Commissioner of Police for the City of
Bangalore or any other area specified in a notification;
(2) the administration of the police in a district or part of a district will, under the general
control and direction of the District Magistrate, be vested in the Superintendent of Police;
7
(3) the Divisional Commissioner is empowered—
(a) to issue directions with respect to the police force in any district within his division
which the District Magistrate might issue;
(b) to invite the attention of the Inspector-General to defects in the police
administration of his division; and
(c) to call upon the District Magistrate for reports on the state of crime, the distribution
of the police force therein and the arrangements for suppression of crime and disorder and
to issue orders thereon;
(4) the Commissioner, the Superintendent, the Assistant Superintendent, the Deputy
Superintendent, or any magistrate of the first class having jurisdiction in the area, have been
empowered to prohibit the continuance of music, sound or noise, for preventing annoyance,
disturbance, discomfort, or injury or risk to the public or any persons who dwell or occupy
property in the vicinity;
(5) the Superintendent or other authorised officer is empower to license the use of
loudspeakers, etc.;
(6) provision is made for the dispersal from an area, of gangs and bodies of persons,
whose movements are likely to cause danger or alarm; for removal from any area of persons
about to commit certain offences; and for removal from any area of persons convicted of
certain offences;
(7) provisions for the prevention of gambling;
(8) provisions regarding village police and provisions for the constitution,
superintendence, direction and control, etc., of the State Reserve Police Force.
(Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 26th July, 1962, at
page. 481-482.
II
Amending Act 13 of 1965.— [By this Act amendments were made to the Code of
Criminal Procedure to give effect to the separation of judicial and executive functions of the
State. While doing so certain consequential amendments were made to this Act]
III
Amending Act 7 of 1974.—Government of Karnataka have permitted the Bangalore Turf
Club Limited, to introduce the system of “Off-course Betting” through a reciprocal
arrangement with the Royal Western India Turf Club Limited, Bombay, from 19th May, 1973.
Off-course Betting would help to:
(a) eliminate illegal betting;
(b) increase the revenue of the State Government as well as that of the Bangalore Turf
Club;
(c) create employment opportunities and encourage other indirect economic activity; and
(d) develop horse breeding in the State.
- Betting Tax will be collected by the Government of the State in which the bets are
accepted. The Club will earn revenue by way of Book-makers’ stall fees and commission on
book bets. - It is expected that Government will get an additional revenues of Rupees 5 lakhs a
year. - Introduction of ‘Off-course Betting’ requires amendment of the Mysore Race Courses
Licensing Act, 1952 and the Mysore Betting Tax Act, 1932.
8 - As the races commenced at Bombay on 18th November 1973 and the State Legislative
Council was not in Session at that time, an Ordinance viz., Karnataka Ordinance No. 9 of
1973 had to be promulgated to meet this contingency. - The present Bill seeks to replace the said Ordinance.
Hence the Bill.
(Published in Karnataka Gazette (Extraordinary) Part IV-2A, dated 2nd March, 1974, as
No. 426, at page. 4.)
IV
Amending Act of 18 of 1975.—Orders to be made by the Commissioner of Police and
the District Magistrate under clauses (a) and (b) of sub-section (1) of section 31 of the
Mysore Police Act, 1963 are subject to the control of the Government, but orders under other
clauses are subject to the previous sanction of Government. It is considered sufficient if
orders other than those under clauses (d), (v), (w), (x) and (y) are subject to the control of
Government. It is therefore proposed to amend sub-section (2).
Since it will be necessary to extend under section 92 the provisions relating to street
offences and nuisance permanently to certain places, it is proposed to amend sub-section
(2) of this section.
The other amendments proposed are of a minor nature.—
(Obtained from Notification No. 9902-LA, dated 17th July 1967 (File LAW 56 LGN 72))
V
Amending Act 41 of 1981.—In the Karnataka Municipal Corporations Act, 1976, section
489 spells out clearly that it shall be the duty of every Police Officer to assist the lawful
authority of the Corporation in exercising its powers. However, no similar provision exists in
the other enactments dealing with other local authorities such as Slum Clearance and
Improvement Board, Bangalore Development Authority, Improvement Boards, etc. All these
institutions have to exercise power in demolishing the unauthorised constructions which take
place either within their jurisdiction or on the planned lay-outs or areas declared for Slum
Clearance etc. The Police Department however finds it difficult to help the officers of these
Boards and Authorities by sending police force in the absence of clear provisions in the
enactments to the effect that police shall help these authorities.
There is thus need to incorporate a provision similar to section 489 of the said Act, 1976
in all the relevant enactments governing the other local bodies. As this involves amendment
to a number of enactments, it is considered appropriate to amend only the Karnataka Police
Act, 1963 by incorporating a provision in it, defining the term ‘local authority’ to cover all
types of local bodies and also a provision similar to section 489 of the said Act.
Hence the Bill.
(Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 24th June, 1981,
as No. 478, p. 4.)
VI
Amending Act 14 of 1990.— [By this Act State Civil Services Act, 1978 was enacted and
certain minor consequential amendments were made to this Act]
VII
Amending Act 6 of 1998.—The Hon’ble High Court in the Case No. CCC (Crl) 9\97 has
directed all the concerned departments of State Government to take necessary steps to
preserve and maintain Cubbon Park at Bangalore City, which is having rich cultural and
historical heritage. It has also directed the Horticulture Department to put up prominent
9
boards in the Park that the persons who indulged in activities like parking of the vehicles
wherever they like, damaging the trees and plants, plucking flowers and fruits, driving the
vehicles at abnormal speed, littering etc., in contravention of the regulations will be liable to
fine of Rs. 500/-.
Under section 34(d) of the Karnataka Police Act, 1963, the Commissioner of Police,
Superintendent of Police and other Police Officers have power to issue orders from time to
time to keep order in all streets and other places of public resort.
Contravention of any order made under section 34(d) is punishable under section 107
with fine up to Rs. 200/-. In view of the direction of the High Court in the aforesaid case the
maximum limit of fine is required to be enhanced to Rs. 500/-.
Therefore, it is considered necessary to amend the Karnataka Police Act, 1963 to
enhance the maximum amount of fine from Rupees 200/- to Rupees 500/- by amending
section 107 of the said Act.
As the matter was urgent and the Karnataka Legislative Council was not in session the
Karnataka Police (Amendment) Ordinance, 1997 (Karnataka Ordinance 5 of 1997) was
promulgated to achieve the above object.
This Bill seeks to replace the said Ordinance.
(Published in the Karnataka Gazette (Extraordinary), Part IV-2A, dated 19th March, 1998,
as No. 305, p. 2.)
VIII
Amending Act 2 of 2003.- In order to protect the non-smoking public from the hazards
of passive smoking it is considered necessary to prohibit tobacco smoking, to start with at
least in a few selected places, like places of public work or use and in public service
vehicles, where large number of people are present for prolonged periods.
Promotion of smoking through advertisements needs to be discouraged and the health of
the younger generation. Particularly children, also needs to be protected from the ill-effects
of tobacco smoking by prohibiting sale of cigarettes, etc., to persons below 18 years and
sale, distribution or storing of such products within the premises of any Hospital, Health
Institution, Public Office, court, Library, Place of worship, College, School or other Institution.
Hence the Bill.
(Obtained from file No. Samvyashaye 34 Shasana 2001)
IX
Amending Act 26 of 2011.- The Government has constituted a One Man
Committee headed by Sri.K.R.Chamayya, Retd Law Secretary and Retd Vice Chairman of
Karnataka Administrative Tribunal to suggest repeal of all absolute regional Acts inforce in
the different Areas of the State i.e. Belgaum Area, Coorg District, Gulburga Area, Mangalore
and Kollegal Area and Mysore Area and to prepare volumes of such of those Acts which are
considered to be necessary.
The Committee has recommended,- - to repeal 153 Acts of Belgaum Area Regional Laws, 23 Acts of Coorg District Area
Regional Laws, 96 Acts of Gulbarga Area Regional Laws, 175 Acts of Mangalore
and Kollegal Area, 92 Acts of Old Mysore Area.
10 - to amend 12 Acts of different Regions and extend the provisions to throughout the
State for the reasons specified below namely,-
xxx xxx xxx
- The Karnataka Police Act 1964 (Karnataka Act 4 of 1964). In Gulburga Area of
the State a Hyderabad Act called the Hyderabad Eunuchs Act XVI 1329F is in force. It
provides for registration and control of eunuchs. One-Man Committee has suggested that
instead of having a separate law on the subject it is better to repeal that Hyderabad Act and
to amend the Police Act empowering the Police Commissioners to make orders for
registration and control of eunuchs etc., within their jurisdiction, if it is considered necessary.
xxx xxx xxx
Hence the Bill. (Obtained from File No. Samvyashaye 19 Shasana 2009)
11
1
[KARNATAKA ACT]1
No. 4 OF 1964
(First published in the 1
[Karnataka Gazette11
on the Thirteenth
day of February, 1964.)
THE 1
[KARNATAKA]1
POLICE ACT, 1963.
(Received the assent of the President on the Eighteenth day of
January, 1964)
(As Amended by Karnataka Acts 13 of 1965, 7 of 1974, 18 of 1975,
41 of 1981, 14 of 1990, 6 of 1998, 2 of 2003 and 26 of 2011)
An Act to provide for a uniform law for the regulation of the Police Force, the maintenance
of public order and other matters in the 1
[State of Karnataka]1
.
WHEREAS it is expedient to provide for a uniform law for the regulation of the Police Force
in the 1
[State of Karnataka]1
, for the exercise of powers and performance of functions by the
State Government and by the members of the said force, for the maintenance of public
order, for the prevention of gaming, and for certain other purposes hereinafter appearing;
BE it enacted by the 1
[Karnataka]1
State Legislature in the Fourteenth Year of the
Republic of India as follows:—
- Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
CHAPTER I
PRELIMINARY - Short title, extent and commencement.—(1) This Act may be called the 1
[Karnataka]1
Police Act, 1963.
(2) It extends to the whole of the 1
[State of Karnataka]1
.
(3) It shall come into force on such 2
[date]2
as the State Government may, by notification
in the Official Gazette, appoint. - Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
- Act came into force w.e.f. 2.4.1965 vide Notification No. HD 21 PEG 65 dt. 1965
- Definitions.—In this Act, unless the context otherwise requires,—
(1) “cattle” means cows, bullocks, bulls, calves, buffaloes, elephants, camels, horses,
mares, geldings, ponies, colts, fillies, asses, mules, pigs, rams, ewes, sheep, lambs, goats
and kids;
(2) “City of Bangalore” means the area within the limits of the City of Bangalore as
defined for the time being in the City of Bangalore Municipal Corporation Act, 1949 (Mysore
Act LXIX of 1949) and includes such other areas adjacent to such limits 1
[x x x]1
as the
Government may from time to time by notification in the Official Gazette specify;
(3) “common gaming-house” means a building, room, tent, enclosure, vehicle, vessel or
place in which any instruments of gaming are kept or used for the profit or gain of the person
owning, occupying, or keeping such building, room, tent, enclosure, vehicle, vessel or place,
or of the person using such building, room, tent, enclosure, vehicle, vessel or place, whether
he has a right to use the same or not, such profit or gain being either by way of a charge for
the use of the instruments of gaming or of the building, room, tent, enclosure, vehicle, vessel
or place, or otherwise howsoever or as subscription or other payment for the use of facilities
along with the use of the instruments of gaming or of the building, room, tent, enclosure,
vehicle, vessel or place for purposes of gaming;
Explanation.—In this clause “person” includes a company, association, club or other
body of persons whether incorporated or not.
12
(4) the expression “competent authority” when used with reference to the exercise or
performance of any power, duty or function under the provisions of this Act, means,—
(a) in relation to the City of Bangalore and other areas for which a Commissioner of
Police is appointed under section 7, the Commissioner;
(b) in relation to the areas other than those referred to in clause (a), the District
Magistrate or the Superintendent or the Additional Superintendent, or, the Assistant or
Deputy Superintendent when specially empowered in that behalf by the Government;
1
[(5) ‘district’ means any area which the Government may by notification specify to be a
district for the purpose of this Act and where no such-area has been so specified, a territorial
division constituting the district for the purposes of the Code of Criminal Procedure 1973, but
does not include the City of Bangalore or any area specified under sub-section (1) of section
7;]1 - Substituted by Act 18 of 1975 w.e.f. 15.5.1975
1
[(6) x x x]1
1.Omitted by Act 18 of 1995 w.e.f. 15.5.1975
(7) “gaming” does not include a lottery but includes all forms of wagering or betting in
connection with any game of chance, except wagering or betting on a horse-race 1
[run on
any race course within or outside the State]1
, when such wagering or betting takes place,— - Inserted by Act 7 of 1974 w.e.f. 29.11.1973
(i) on the day on which such race is run; and
1[(ii) in an enclosure set apart for the purpose in a race course by the licensee of such
race course under the terms of the licence issued under section 4 of the Mysore Race
Courses Licensing Act, 1952 (Mysore Act VIII of 1952); and]1 - Substituted by Act 7 of 1974 w.e.f. 29.11.1973
(iii) between any person being present in such enclosure, on the one hand and such
licensee or other person licensed by such licensee in terms of the aforesaid licence on the
other in such manner and by such contrivance as may be permitted by such licence.
Explanation.—In this clause,—
(i) ‘wagering or betting,’ includes the collection or soliciting of bets, the receipt or
distribution of winnings or prizes, in money or otherwise, in respect of any act which is
intended to aid or facilitate wagering or betting or such collection, soliciting, receipt or
distribution;
(ii) ‘game of chance’ includes a game of chance and skill combined and a pretended
game of chance or of chance and skill combined, but does not include any athletic game or
sport;
(8) “Government” means the State Government;
(9) “Head Constable” means an officer of and above the rank of a Constable and a
“Constable” means a Police Officer of the lowest grade;
(10) “Inspector-General”, “Commissioner”, “Deputy Inspector-General”, “Deputy
Commissioner”, “Assistant Commissioner”, “Superintendent”, “Additional Superintendent”,
“Assistant Superintendent”, and “Deputy Superintendent” mean respectively, the InspectorGeneral of Police, a Commissioner of Police, a Deputy Inspector-General of Police, a
Deputy Commissioner of Police, an Assistant Commissioner of Police, a Superintendent of
Police, an Additional Superintendent of Police, an Assistant Superintendent of Police and a
Deputy Superintendent of Police appointed or deemed to be appointed under this Act;
(11) “instruments of gaming” includes any article used or intended to be used as a
subject, or means of gaming, any document used or intended to be used as a register or
13
record or evidence of any gaming, the proceeds of any gaming and any winnings or prizes in
money or otherwise distributed or intended to be distributed in respect of any gaming;
1
[(11-A) ‘local authority’ means a corporation established or continued under the
Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977), a municipal
council, or a notified area committee or a sanitary board established or deemed to have
been established or continued under the Karnataka Municipalities Act, 1964 (Karnataka Act
22 of 1964) or under any other law, the Bangalore Development Authority constituted under
the Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976), the City
Improvement Board, Mysore constituted under the City of Mysore Improvement Act, 1903
(Mysore Act 3 of 1903), an Improvement Board constituted under the Karnataka
Improvement Boards Act, 1976 (Karnataka Act 11 of 1976), a planning authority constituted
under the Karnataka Town and Country Planning Act, 1961 (Karnataka Act 11 of 1963), the
Karnataka Slum Clearance Board constituted under the Karnataka Slum Area (Improvement
and Clearance) Act, 1973 (Karnataka Act 33 of 1974) and such other authority as the State
Government may from time to time by notification declare.]1
1.Clause (11A) Inserted by Act 41 of 1981 w.e.f. 6.6.1981
(12) “municipality” means a municipality constituted or deemed to be constituted under
any law relating to municipalities for the time being in force in the 1
[State of Karnataka]1
or
any part thereof; - Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
(13) “place” includes a building, a tent, a booth or other erection, whether permanent or
temporary, or any area whether enclosed or open;
(14) “place of public amusement” means any place, where music, singing, dancing, or
any diversion, or game, or the means of carrying on the same is provided and to which the
public are admitted and includes a race course, circus, theatre, music hall, billiard room,
bagatelle room, gymnasium, fencing school, swimming pool or dancing hall;
(15) “place of public entertainment” means any place to which the public are admitted and
where any kind of food or drink is supplied for consumption on the premises by any person
owning or having an interest in or managing such place and includes a refreshment room,
eating house, coffee house, liquor house, boarding house, lodging house, hotel, tavern, or a
shop where wine, beer, spirit, arrack, toddy, ganja, or other kind of liquor or intoxicant or any
kind of food or drink is supplied to the public for consumption in or near such shop;
(16) “police officer” means any member of the police force appointed or deemed to be
appointed under this Act and includes a special or an additional police officer appointed
under section 19 or 20;
(17) “prescribed” means prescribed by rules;
(18) “public place” includes the foreshore, the precincts of every public building or
monument, and all places accessible to the public for drawing water, washing or bathing or
for the purpose of recreation;
(19) “rules” means rules made under this Act;
(20) “street” includes any highway, bridge, way over a causeway, viaduct, arch, quay or
wharf or any road, lane, footway, square, court, alley or passage accessible to the public,
whether a thoroughfare or not;
(21) “Subordinate Police” means members of the Police Force of and below the rank of
Inspector;
(22) “Superior Police” means members of the Police Force above the rank of Inspector;
(23) “vehicle” means any carriage, cart, van, dray, truck, hand-cart or other conveyance of
any description and includes a bicycle, tricycle, a rickshaw, an automatic car, a vessel or an
aeroplane.
14
(24) Words and expressions not defined in this Act and which are defined in the Code of
Criminal Procedure, 1898 (Central Act V of 1898), shall have the same meaning as in that
Code.
CHAPTER II
SUPERINTENDENCE, CONTROL AND ORGANISATION OF THE POLICE FORCE - One Police Force for the whole State.—There shall be one Police Force 1
[including
the State Reserve Police Force established under section 145]1
for the whole of the State:
State Provided that the members of the Police Forces constituted under any of the Acts
mentioned in Schedule I, immediately before coming into force of this Act, shall be deemed
to be the members of the said Police Force. - Inserted by Act 18 of 1975 w.e.f. 15.5.1975
- Superintendence of Police Force to vest in the Government.—The
superintendence of the Police Force throughout the State vests in and is exercisable by the
Government and any control, direction or supervision exercisable by any officer over any
member of the Police Force shall be exercisable subject to such superintendence. - Constitution of Police Force.—Subject to 1
[x x x]1
the provisions of this Act,—
(a) the Police Force shall consist of such number in the several ranks and have such
organisation and such powers, functions and duties as the Government may by general or
special order determine;
1
[(b) and proviso x x x]1 - Omitted by Act 14 of 1990 w.e.f. 2.4.1992
- Inspector-General and Deputy Inspector-General.—(1) For the direction and
supervision of the Police Force, the Government shall appoint an Inspector-General of
Police who shall subject to the control of the State Government exercise such powers and
perform such functions and duties and shall have such responsibilities and such authority as
may be provided by or under this Act.
(2) (a) The Government may appoint such number of Deputy Inspectors-General as it
may deem fit.
(b) The Government may direct that any of the powers, functions, duties and
responsibilities and authority of the Inspector-General may be exercised, performed or
discharged, by a Deputy Inspector-General.
(c) The Government may also by a general or special order direct that the Deputy
Inspector-General shall assist and aid the Inspector-General in the performance, exercise
and discharge of his powers, functions, duties, responsibilities and authority in such manner
and to such extent as may be specified in the order. - Commissioner.—(1) The Government may appoint a Police Officer not below the rank
of a Deputy Inspector-General of Police to be the Commissioner of Police for the City of
Bangalore or any other area specified in a notification issued by the Government in this
behalf and published in the official Gazette.
(2) The Commissioner shall exercise such powers, perform such functions and duties and
shall have such responsibilities and authority as are provided by or under this Act or as may
otherwise be directed by the Government by a general or special order:
Provided that the Government may direct that any of the powers, functions, duties,
responsibilities or authority exercisable or to be performed or discharged by the
Commissioner shall be exercised, performed or discharged subject to the control of the
Inspector-General:
15
Provided also that in any area for which a Commissioner is appointed and is empowered
to exercise any power or perform any function or duty under this Act, the District Magistrate
shall not exercise the same power or perform the same function or duty notwithstanding the
fact that such area forms part of a District within the territorial jurisdiction of the District
Magistrate:
Provided further that the area for which a Commissioner has been appointed, under this
section shall not, unless otherwise provided by or under this Act, be under the charge of a
Superintendent for any of the purposes of this Act, notwithstanding the fact that such, area
forms part of a district within the territorial jurisdiction for which a Superintendent may have
been appointed. - Appointment of Superintendent, Additional, Assistant and Deputy
Superintendents.—(1) The Government may appoint for each district or for a part of a
district or for one or more districts a Superintendent and one or more Additional
Superintendents and such Assistant and Deputy Superintendents of Police, as it may think
expedient.
(2) The Government may, by a general or special order, empower an Additional
Superintendent to exercise and perform in the district for which he is appointed or in any
parts thereof, all or any of the powers, functions or duties to be exercised or performed by a
Superintendent under this Act or under any law for the time being in force.
(3) The Superintendent may, with the previous sanction of the Government, delegate any
of the powers and functions conferred on him by or under this Act to an Assistant or Deputy
Superintendent. - Appointment of Superintendents for wireless system and motor transport
system or for any special duty.—The Government may appoint for the whole of the 1
[State
of Karnataka]1 or any part thereof one or more Superintendents of Police as it may think fit,—
(1) for the police wireless system;
(2) for the police Motor Transport system; or
(3) for the Railway Police; or
(4) for the performance of such specific duties as the Government may from time to time
determine in this behalf,
and the Superintendent so appointed shall exercise such powers and perform such functions
as the Government may from time to time assign to him provided that such powers and
functions shall be exercised or performed subject to the control of the Inspector-General. - Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973
- Principal, Police Training School or College.—The Government may appoint any
Police Officer not below the rank of a Superintendent to be the Principal of a Police Training
School, or College, and may assign to him such powers, functions and duties as it may think
fit. - Deputies and Assistants to the Commissioner.—(1) The Government may appoint
one or more Deputy Commissioners not below the rank of a Superintendent and one or
more Assistant Commissioners of Police not below the rank of an Assistant Superintendent
or Deputy Superintendent in the City of Bangalore or in any area in which a Commissioner
has been appointed under sub-section (1) of section 7.
(2) Every such Deputy or Assistant Commissioner shall, under the orders of the
Commissioner, exercise and perform any of the powers, functions and duties of the
Commissioner to be exercised or performed by him under the provisions of this Act or any
other law for the time being in force, in accordance with the general or special orders of the
Government made in this behalf:
16
Provided that the powers to be exercised by the Commissioner of making, altering or
rescinding rules under section 31 shall not be exercisable by a Deputy or Assistant
Commissioner. - Appointment of subordinate police.—Subject to such rules as the Government may
from time to time make, the appointment of Police Officers of and below the rank of
Inspectors shall be made by the prescribed authority. - Certificates of appointment.—(1) Every Police Officer of and below the grade of
Inspector shall, on appointment receive a certificate in the form provided in Schedule I. The
certificate shall be issued under the seal of such officer as the Government may by general
or special order direct.
(2) 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. - Effect of suspension of Police Officer.—The powers, functions and privileges
vested in a Police Officer shall remain suspended whilst such Police Officer is under
suspension from office:
Provided that notwithstanding such suspension such person shall not cease to be a
Police Officer and shall continue to be subject to the control of the same authorities to which
he would have been, if he was not under suspension. - General powers of Commissioner and Superintendent.—The Commissioner,
subject to the orders of the Inspector-General of Police and the Superintendent, subject to
the orders of the Inspector-General and the Deputy Inspector-General of Police, shall within
their respective spheres of authority, direct and regulate all matters of arms, drill, exercise,
observation of persons and events, mutual relations, distribution of duties, study of laws,
orders and modes of proceedings and all matters of executive detail or the fulfilment of their
duties by the Police Force under him. - Superintendent of Police to be the head of the Police in the district, subject to
the general control of the District Magistrate.—(1) The Superintendent of Police shall be
the head of the police in the district or part of the district for which he is appointed as
Superintendent.
(2) The administration of the Police in a district or part of a district by the Superintendent
of Police shall be subject to the general control of the District Magistrate of the District.
(3) In exercising such control, the District Magistrate shall be governed by such rules and
orders as the Government may make in this behalf. - Power of District Magistrate to require reports from Superintendent.—The
District Magistrate may require from the Superintendent reports, either particular or general,
on any matter connected with the crimes, habitual offenders, the prevention of disorder, the
regulation of assemblies and amusements, the distribution of the Police Force, the conduct
and character of any Police Officer subordinate to the Superintendent, the utilization of
auxiliary means and all other matters in furtherance of his control of the Police Force and the
maintenance of order. - Power of supervision by District Magistrates.—If the District Magistrate observes
any marked incompetence or unfitness for the locality or for his particular duties, in any
Police Officer subordinate to the Superintendent, he may require the Superintendent to
substitute another officer for any officer whom he has power to transfer and the
Superintendent shall be bound to comply with the requisition:
Provided that if the Police Officer concerned is an officer of the grade not below that of an
Inspector, the District Magistrate may report his conduct to the Inspector-General. The
17
Inspector-General may, thereafter, determine the action to be taken and pass such orders as
he thinks fit, and shall communicate such action or order to the District Magistrate. - Special Police Officers.—(1) Whenever it shall appear on an application of any
Police Officer not below the rank of Sub-Inspector, that any unlawful assembly or riot or
disturbance of the peace has taken place or may be reasonably apprehended in any place
and that the Police force ordinarily employed in the place is not sufficient for its preservation
and for the protection of the inhabitants and the security of property in the place, the
Commissioner, the Superintendent or any First Class Magistrate, or any other Magistrate
specially empowered in this behalf by Government, may by a written order signed by himself
and sealed with his own seal appoint any able-bodied male person, whom he considers fit
and who is between the ages of eighteen and fifty and resident in any neighbourhood to be a
Special Police Officer to assist the Police Force, during such time and within such limits as
the Commissioner, the Superintendent or Magistrate shall deem necessary.
(2) Every Special Police Officer so appointed shall on appointment,—
(a) receive a certificate in a form approved by the Government in this behalf.
(b) have the same powers, privileges and immunities and be liable to the same duties
and responsibilities and subject to the same authorities as an ordinary Police Officer. - Appointment of additional Police.—(1) Additional Police Officers of such rank or
grade for such time and on such pay as the authority specified by or under the provisions of
this Act in that behalf may determine may be employed or deputed for the purpose stated in
such provisions.
(2) Every additional Police Officer appointed, shall on appointment,—
(a) receive a certificate in a form approved by the Government in this behalf;
(b) be vested with all or such of the powers, privileges and duties of a Police Officer,
as are specially mentioned in the certificate; and
(c) be subject to the orders of the Commissioner or the Superintendent, as the case
may be.
(3) The employment or deputation of such additional Police Officer may be made at the
request of any person requiring such Police and the cost of such employment shall be
recovered in such manner as is provided by or under this Act or under any other law for the
time being in force.
CHAPTER III
REGULATION, CONTROL AND DISCIPLINE OF THE POLICE FORCE - Framing of rules for administration of the Police.—Subject to the orders of the
Government, the Inspector-General may make rules or orders not inconsistent with this Act
or with any other enactment for the time being in force,—
(a) regulating the inspection of the Police Force by his subordinates;
(b) determining the description and quantity of arms, accoutrements, clothing and other
necessaries to be furnished to the Police;
(c) prescribing the places of residence of members of the Police Force;
(d) for the institution, management and regulation of any Police fund for any purpose
connected with Police administration;
(e) regulating, subject to the provisions of section 16, the distribution, movements and
location of the Police;
(f) assigning duties to Police Officers of all ranks and grades and prescribing,—
18
(i) the manner in which, and
(ii) the conditions subject to which,
they shall exercise and perform their respective powers and duties;
(g) regulating the collection and communication by the Police of intelligence and
information;
(h) generally, for the purpose of rendering the Police efficient and preventing abuse or
neglect of their duties;
(i) prescribing the books and registers to be maintained and the returns to be submitted
by the several Police Officers. - Inspector-General may call for returns.—The Inspector-General may, subject to the
rules and orders of the Government, call for such returns, reports and statements on
subjects connected with the suppression of crime, the maintenance of order and
performance of their duties as his subordinates may be able to furnish to him. The InspectorGeneral shall communicate to the District Magistrate any general orders issued by him for
the purpose aforesaid or in consequence of the information furnished to him and also any
orders, which the Government may direct.
1
[23. x x x - x x x
- x x x]1
- Omitted by Act 14 of 1990 w.e.f. 2.4.1992
- Police Officers to be deemed to be on duty and to be liable to employment in
any part of the State.—(1) Every Police Officer, not on leave or under suspension, shall for
all purposes of this Act, be deemed to be always on duty and any Police Officer or any
member or body of Police Officers allocated for duty in one part of the State may, if the
Government or the Inspector-General so directs at any time, be employed on police duty in
any other part of the State, for so long as the services of the same may be there required.
(2) Timely intimation shall, except in cases of extreme urgency, be given to the
Commissioner, the District Magistrate and the Deputy Inspector-General by the InspectorGeneral of any proposed direction to any number or body of Police Officers under subsection (1) and except, where secrecy is necessary, the reasons for such direction shall be
explained; whereupon the officers aforesaid and their subordinates shall give all reasonable
furtherance to such direction. - Under what conditions Police Officer may resign.—(1) Except with the written
permission of the Commissioner, the Deputy Inspector-General or of some other Police
Officer empowered by the Inspector-General in this behalf, no Police Officer of or below the
rank of Inspector shall resign his office or withdraw himself from the duties thereof:
Provided that subject to the provisions of sub-section (2) no such permission shall be
granted to any such Police Officer until he has fully discharged any debt due by him as such
Police Officer to Government or to any Police Fund.
(2) If any such Police Officer produces a certificate signed by the prescribed Medical
Officer in the district declaring him to be unfit by reason of disease, or mental or physical
incapacity for further service in the Police, the necessary written permission to resign shall
forthwith be granted to him on his discharging or giving satisfactory security for the payment
of any debt due by him as such Police Officer to the Government or to any Police Fund.
(3) If any such Police Officer, as aforesaid, resigns or withdraws himself from the duties of
his office in contravention of this section, he shall be liable on the order of the InspectorGeneral of Police or of the Commissioner to forfeit all arrears of pay then due to him. This
19
forfeiture shall be in addition to the penalty to which the said officer is liable under section
118 of this Act, or any other law in force. - Police Officer not to engage in trade, etc.—(1) Without the permission of the
Commissioner, or the Inspector-General or Deputy Inspector-General or of Government, as
the case may be, no Police Officer shall engage in trade or be in any way concerned either
as principal or as agent in any dealing in land or in any commercial transaction whatever or
bid for property sold by order of a criminal court, or have money transactions with any other
Police Officer.
(2) No Police Officer shall, unless with the written permission of the Inspector-General, hold
any office or practice in any profession or engage in any employment whatever other than his
office or duties as such Police Officer.
Explanation.—The prohibitions in sub-sections (1) and (2) shall apply when a Police
Officer is on leave or under suspension as well as when he is on duty. - Certificate, arms, etc., to be delivered up by person ceasing to be a Police
Officer.—(1) Every person who for any reason ceases to be a Police Officer shall forthwith
deliver up to the officer empowered by the Commissioner or the Deputy Inspector-General,
or the Principal of the Police Training School, or College, or the Superintendent, to whom
such Police Officer is subordinate, to receive the same, his certificate of appointment or of
office and the arms, accoutrements clothing and other necessaries which have been
furnished to him for the performance of duties and functions connected with his office.
(2) Any Magistrate, and, for special reasons, which shall be recorded in writing at the
time, the Commissioner or the Deputy Inspector-General, or the Principal of the Police
Training School, or College, any Superintendent, Assistant Superintendent, or Deputy
Superintendent may issue a warrant to search for and seize, wherever they may be found,
any certificate, arms, accoutrements, clothing or other necessaries not so delivered up.
Every warrant issued shall be executed in accordance with the provisions of the Code of
Criminal Procedure, 1898, by a Police Officer, or if the Magistrate, the Commissioner, the
Deputy Inspector-General, the Principal of the Police Training School, or College, the
Superintendent, or the Assistant Superintendent, or Deputy Superintendent, issuing the
warrant so directs, by any other person.
(3) Nothing in this section shall be deemed to apply to any article, which, under the orders
of the Inspector-General, or the Commissioner, as the case may be, has become the
property of the person to whom the same was furnished. - Occupation of and liability to vacate premises provided for Police Officers.—(1)
Any Police Officer occupying any premises provided by the Government for his residence,—
(a) shall occupy the same subject to such conditions and terms as may, generally or in
special cases, be specified by the Government, and
(b) shall, notwithstanding anything contained in any law for the time being in force,
vacate the same on his ceasing to be a Police Officer, or whenever the Government in this
behalf thinks it necessary and expedient to require him to do so.
(2) If any person who is bound or required under sub-section (1), to vacate any premises
fails to do so, the Government or any officer authorised by it in this behalf may order such
person to vacate the premises and may direct any Police Officer with such assistance as
may be necessary to enter upon the premises and remove therefrom any person found
therein and to take possession of the premises and deliver the same to any person specified
in the direction.
CHAPTER IV
20
POLICE REGULATIONS - Power to make orders for regulation of traffic and for preservation of order in
public places, etc.—(1) The Commissioner and the District Magistrate, in areas under their
respective charges or any part thereof, may make, alter or rescind orders not inconsistent
with this Act, for,—
(a) licensing and controlling persons offering themselves for employment at quays,
wharves and landing places, bus stands and outside railway stations, for the carriage of
passengers’ baggages, and fixing and providing for the enforcement of a scale of charges
for the labour of such persons so employed;
(b) regulating the conditions under which vehicles may remain standing in streets and
public places, and the use of streets as halting places for vehicles or cattle;
(c) prescribing the number and position of lights to be used on vehicles in streets and
the hours between which such lights shall be used;
(d) licensing, controlling or prohibiting the display of any pictures, advertisements,
news boards, or public notices upon a vessel or boat in territorial waters or on inland
waterways other than national waterways;
(e) prescribing certain hours of the day during which animals shall not be driven along
the streets or along certain specified streets, except subject to such regulations as he may
prescribe in that behalf;
(f) regulating the leading, driving, conducting or conveying of any elephant or wild or
dangerous animal through or in any street or public place;
(g) regulating and controlling the manner and mode of conveying timber, scaffold
poles, ladders, iron girders, beams or bars, boilers or other unwieldy articles through the
streets, and the route and hours for such conveyance;
(h) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance,
risk, danger or damage to the residents or passengers in the vicinity, prohibiting the carrying
in streets and public places of gunpowder or any other explosive substance;
(i) prohibiting, except along certain specified streets and during specified hours and
subject to such regulations as he may prescribe in that behalf, the exposure or movement in
any street of persons or animals suffering from contagious or infectious diseases and the
carcasses of animals or parts thereof and the corpses of persons deceased;
(j) prescribing certain hours of the day during which ordure or offensive matter or
objects shall not be taken from or into houses or buildings in certain streets or conveyed
through such streets except subject to such rules as he may make in that behalf;
(k) setting apart places for the slaughtering of animals, the cleaning of carcases or
hides, the deposit of noxious or offensive matter and for obeying calls of nature;
(l) in cases of existing or apprehended epidemic or infectious diseases of men or
animals or birds, the cleanliness and disinfections of premises by the occupier thereof and
residents therein and the segregation and management of the persons or animals deceased
or supposed to be deceased, as may have been directed or approved by the Government
with a view to prevent the disease or to check the spreading thereof;
(m) directing the closing or disuse, wholly or for certain purposes, or limiting to certain
purposes only the use of any source, supply or receptacle of water, and providing against
pollution of the same or of the water therein;
(n) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance,
risk, danger or damage to the residents or passengers in the vicinity, prohibiting the playing
21
of music, the beating of drums, tom-toms or other instruments and blowing or sounding of
horns or other noisy instruments in or near streets or public places;
(o) regulating the conduct of and behaviour or action of persons, constituting
assemblies and processions on or along the streets and prescribing in the case of
processions, the routes by which, the order in which and the times at which the same may
pass;
(p) prohibiting the hanging or placing of any cord or pole across a street or part
thereof, or the making of a projection or structure so as to obstruct the traffic or the free
access of light and air;
(q) prohibiting, except under such reasonable rules as he may make, the placing of
building materials or other articles or the fastening or detention of any horse or other animals
in any street or public place;
(r) licensing, controlling or, in order to prevent obstruction, inconvenience, annoyance,
risk, danger or damage to the residents or passengers in the vicinity, prohibiting,—
(i) the illumination of streets and public places and the exteriors of buildings
abutting thereon by persons other than servants of Government or Municipal Officers duly
authorised in that behalf;
(ii) the blasting of rock or making excavations in or near streets or public places;
(iii) the using of a loudspeaker in or near any public place or in any place of public
entertainment;
(s) closing certain streets or places temporarily in cases of danger from ruinous
buildings or other cause, with such exceptions as shall appear reasonable;
(t) guarding against injury to person and property in the construction, repair and
demolition of buildings, platforms and other structures from which danger may arise to
passengers, neighbours or the public;
(u) prohibiting the setting fire to or burning any straw or other matter, or lighting a
bonfire or wantonly discharging a fire-arm or air gun, or letting off, or throwing a fire-work, or
sending up a fire balloon or rocket in or upon or within fifty feet of a street or building or the
putting up of any post or other thing on the side of or across a street for the purpose of
affixing thereto lamps or other contrivances for illumination, except subject to such
reasonable rules, as he may make in that behalf;
(v) regulating the hours during which and the manner in which any place for the
disposal of the dead, any Dharmashala, or village-gate or other place of public resort may be
used so as to secure the equal and appropriate application of its advantages and
accommodation and to maintain orderly conduct amongst those who resort thereto;
(w) (i) licensing or controlling places of public amusement or entertainment;
(ii) prohibiting the keeping of places of public amusement or entertainment or
assembly, in order to prevent obstruction, inconvenience, annoyance, risk, danger or
damage to the residents or passengers in the vicinity;
(iii) regulating the means of entrance and exit at places of public amusement or
entertainment or assembly and providing for the maintenance of public safety and the
prevention of disturbance thereat;
(x) (i) licensing or controlling with such exceptions as may be specified, the musical,
dancing, mimetic, or theatrical or other performances for public amusement, including melas
and tamashas;
22
(ii) regulating in the interest of public order, decency or morality or in the interest
of general public, the employment of artists, and the conduct of the artists and the audience
at such performances;
(iii) prior scrutiny of such performance by a Board appointed by the Government
or by an Advisory Committee appointed by the Commissioner or the District Magistrate in
this behalf;
(iv) regulating the hours during which and the places at which such performances
may be given;
(y) regulating or prohibiting the sale of any ticket or pass for admission, by whatever
name called, to a place of public amusement;
(z) prescribing the procedure in accordance with which any licence or permission
sought to be obtained or required under this Act should be applied for, and fixing the fees to
be charged for any such licence or permission:
Provided that any action taken under the orders made under this sub-section or the grant
of a licence under such orders shall be subject to the control and supervision of the
Government.
(2) (i) The power of making, altering or rescinding orders under clauses 1
[(a), (b), (c), (e),
(f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p), (q), (r), (s), (t) and (u) and in so far as it relates to
any of the aforesaid matters under clause (z)]1
of sub-section (1) shall be subject to the
control of the Government. - Substituted by Act 18 of 1975 w.e.f. 15.5.1975
(ii) The power of making, altering or rescinding orders under the remaining clauses of
sub-section (1) shall be subject to the previous sanction of the Government.
(3) Every order made under clause (v) of sub-section (1) with respect to the use of a
place for the disposal of the dead shall be framed with due regard to ordinary and
established usages and to the necessities of prompt disposal of the dead in individual cases.
(4) Every order promulgated under the authority of clause (l) of sub-section (1) shall be
forthwith reported to the Government or such authority as the Government may appoint in
this behalf.
(5) Any order made under this section in so far as it relates to public health, convenience
or safety of any locality, shall be subject to the provisions of any law relating to municipalities
or other local authorities in force in such locality and any rule, regulation or bye-law made
under such law.
(6) The power of making, altering or rescinding orders under this section shall be subject
to the condition of the orders being made, altered or rescinded after previous publication, in
accordance with the provisions of section 23 of the 1
[Karnataka]1
General clauses Act 1899
and every orders made or alteration or rescission of an order made under this section shall
be published in the Official Gazette and in the locality affected thereby by affixing copies
thereof in conspicuous places near to the building, structure, work or place, as the case may
be, to which the same specifically relates or by proclaiming the same by the beating of
drums or by advertising the same in such local newspapers in English or in the local
language, as the authority making, altering or rescinding the order rule may deem fit, or by
any two or more of these means or by any other means it may think suitable:
Provided that any such orders may be made, altered or rescinded without previous
publication if the Commissioner or the District Magistrate, as the case may be, is satisfied
that circumstances exist which render it necessary that such orders or alterations therein or
rescission thereof should be brought into force at once.
