16Functions of Village Authorities
(1) Every Village Authority constituted under this Act shall, within the local limits of its jurisdiction, perform the following functions, namely:--
(a) it shall, to the best of its ability maintain law and order and for there purpose exercise and perform the powers and duties generally conferred and imposed on the police by or under the Police Act, 1861 (5 of 1861):
Provided that a Village Authority shall not be deemed to be a police officer within the meaning of sections 25 and 16 of the Indian Evidence Act, 1872 (1 of 1872), or section 162 of the Code of Criminal Procedure, 1898 (5 of 1898);
(b) it shall cause to be arrested without any order from a magistrate and without a warrant--
(i) any person who is a vagrant or commits a heinous offence or who has been concerned in any such offence or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been so concerned,
(ii) any person against whom a hue and cry has been raised on the ground of his having been concerned in any heinous offence, whether such offence has been or is being committed within its jurisdiction or outside it,
(iii) any person for whose arrest a requisition has been received from a police officer; provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made or it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition,
(iv) any person designing to commit any heinous offence of which the Village Authority has knowledge, if the commission of offence cannot otherwise be prevented,
(v) any person who obstructs the Village Authority in the performance of its functions under this Act or rules made thereunder or a police officer while in the execution of his duty, and
(vi) any person who has escaped, or attempts to escape, from lawful custody:
Provided that where a Village Authority is unable to arrest an offender it shall forthwith report the matter to the sub-divisional magistrate who shall provide the Village Authority with such assistance as it requires:
Provided further that the Village Authority may pursue beyond the local limits of its jurisdiction any person who has committed a heinous offence or is a vagrant or of bad or suspicious character, and arrest such person outside the local limits of its jurisdiction with the consent of the Village Authority within the local limits of whose jurisdiction the person pursued is found;
(c) it shall give immediate information to the sub-divisional magistrate of every unnatural, suspicious or sudden death which may occur, and of any heinous offence which may be committed, within the local limits of its jurisdiction and shall keep the sub-divisional magistrate informed of all disputes which are likely to lead to a riot or serious affray; and
(d) it shall supply any information which any police officer or the sub-divisional magistrate or the Deputy commissioner may require from it.
(2) No person who is arrested under this section shall be detained in custody without being informed, as soon as may be, of the grounds of such arrest.
(3) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
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- 1 Short title, extent and commencement
- 2 Definitions
- 3 Constitution of Village Authorities
- 4 Qualifications for membership of Village Authorities
- 5 Disqualifications for membership of Village Authorities
- 6 Term of office of members of Village Authorities
- 7 Election of members of Village Authorities
- 8 Power to remove members of Village Authorities
- 9 Resignation of members
- 10 Filling of causal vacancies
- 11 Bar to interference by courts in election matters
- 12 Election disputes
- 13 Validation of acts and proceedings
- 14 Incorporation of Village Authorities
- 15 Control of Village Authorities by sub-divisional magistrate
- 16 Functions of Village Authorities
- 17 Obligation to assist Village Authorities
- 18 Power of Chief Commissioner to call for records of Village Authorities, sub-divisional magistrate or Deputy Commissioner
- 19 Constitution of village courts
- 20 Jurisdiction of village courts in criminal cases
- 21 How cases may be instituted
- 22 Power of village courts to dismiss or refuse to entertain complaint
- 23 Dismissal of case for default
- 24 Proceedings preliminary to trial
- 25 Bar to appeal from the order of village courts, but power to order retrial
- 26 Power of village courts to impose fine or to award compensation
- 27 Power of village to release certain offenders after admonition or on probation of good conduct
- 28 Power of village courts to permit compounding of offences
- 29 Power to transfer criminal cases
- 30 Jurisdiction of village courts in civil cases
- 31 Certain suits not to be tried by village courts
- 32 Local limits of jurisdiction of village courts
- 33 How suits may be instituted
- 34 Suits barred by limitation are not triable by village courts
- 35 Dismissal of suits for default
- 36 Summons to defendants to appear and answer
- 37 Ex parte decision
- 38 No order to be set aside without notice to opposite party
- 39 Power of village courts to determine necessary parties
- 40 Certain suits not to be tried by village courts
- 41 Decision of village courts
- 42 Instalments
- 43 Decision of village court to be final; but power to order retrial
- 44 Death of parties
- 45 Fees
- 46 Execution of decree
- 47 Limitation for execution of decree or order
- 48 Procedure before village courts
- 49 Persons who are to preside over village courts
- 50 Village courts not to try any case or suiting in which the Village authority or any member thereof is interested
- 51 Attendance of witnesses
- 52 Appearance of parties before village courts
- 53 Appearance of women
- 54 Realisation of fees, fines, etc
- 55 Registers and records
- 56 Language of village courts
- 57 Power to make rules
- 58 Repeal and savings