Lawgist46Scope of Act
2[46. Scope of Act.(1) This Act shall not by its own operation take effect in any 3presidency, 4[State] or place. But the 1[State Government] by an order to be published in the Official Gazette may extend the whole or any part of this Act to any presidency, 4[State] or place, and the whole or such portion of this Act as shall be specified in such order shall thereupon take effect in such presidency, 4[State] or place.
(2) When the whole or any part of this Act shall have been extended, the 1[State Government] may, from time to time, by notification in the Official Gazette, make rules consistent with this Act
(a) to regulate the procedure to be followed by Magistrates and police-officers in the discharge of any duty imposed upon them by or under this Act;
(b) to prescribe the time, manner and conditions within and under which claims for compensation under section 15A are to be made, the particulars to be stated in such claims, the manner in which the same are to be verified, and the proceedings (including local enquiries if necessary) which are to be taken consequent thereon; and
(c) generally, for giving effect to the provisions of this Act.
(3) All rules made under this Act may from time to time be amended, added to or cancelled by the 1[State Government].]
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1. Subs. by the A.O. 1950, for "Provincial Government" which had been subs. by the A.O. 1937, for "L.G.".
2. Subs. by Act 8 of 1895, s. 15, for section 46.
3. In the States of Madras and Bombay there are special Police Acts, see the Madras District Police Act, 1859 (24 of 1859) and the Bombay District Police Act, 1867 (Born. 7 of 1867). In the Lower Provinces of Bengal, Bengal Act 7 of 1869 is to be read and taken as part of Act 5 of 1861, see s. 6 of the former Act.
This Act has been extended under the power conferred by the original section to
(1) the U. P. including Ajmer-Merwara then under that Government, see Notification No. 964 in the North-Western Provinces Gazette, 1861, p. 634:
[The orders as to enforcement of the Act in 27 districts in the U. P., in Hamirpur, Jalaun, Jhansi, Lalitpur, Naini Tal (including the Tarai Parganas) and Almora and Garhwal, issued under the original s. 46, paragraph 2 (after the Act had been extended under paragraph 1 of that section to the whole province) are kept in force by s. 16 of Act 8 of 1895.]
(2) Oudh, see Notification No. 34 in the North-Western Provinces Gazette, 1861, p. 1758 ;
(3) the tract of land between Allahabad and Jubbulpore ceded in full sovereignty by certain Native States ;
(4) the C. P., Districts of Nagpur, Raipur, Bhandara, Chanda and Chhindwara, Sironcha, Nimsar;
(5) Bengal and Assam;
(6) several districts in the Punjab, see Notification No. 971, dated 15th May, 1861, Calcutta Gazette, 18th May1861, p. 1302.
Under the power conferred by the section as it stood before the 1st April 1937, it has been extended as follows to--
(1) Madras: ss. 15, 15A, 16, 30, 30A, 31 and 32 of the Act have been extended to the whole of the Madras Presidency, see Notification No. 728, dated 31st October 1895, Gazette of India, 1895, Pt. I., p. 876.
(2) Eastern Dooars in the Goalpara District, see Notification No. 230, Gazette of India, 1897, Pt. 1, p. 198.
(3) the North and South Lushai Hills and the tract known as Rutton Puiya's villages including Demagri (now known as the Lushai Hills) see Gazette of India, 1898, Pt. 1, p. 370.
4. Subs. by the A.O. 1950, for "Province".
- 1 Interpretation clause
- 2 Constitution of the force
- 3 Superintendence in the State Government
- 4 Inspector-General of Police, etc
- 5 Powers of Inspector General Exercise of power
- 6 [Repealed.]
- 7 Appointment, dismissal, etc., of inferior officers
- 8 Certificates to police officers
- 9 Police-officers not to resign without leave or two months’ notice
- 10 Police-officers not to engage in other employment
- 11 [Repealed.]
- 12 Power of Inspector-General to make rules
- 13 Additional police-officer employed at cost of individuals
- 14 Appointment of additional force in the neighbourhood of railway and other works
- 15 Quartering of additional police in disturbed or dangerous districts
- 15A Awarding compensation to sufferers from misconduct of inhabitants or persons interested in land
- 16 Recovery of moneys payable under sections 13, 14, 15 and 15A, and disposal of same when recovered
- 17 Special police-officers
- 18 Powers of special police-officers
- 19 Refusal to serve as special police-officers
- 20 Authority to be exercised by police-officers
- 21 Village police-officers
- 22 Police-officers always on duty and may be employed in, any part of district
- 23 Duties of police-officers
- 24 Police-officers may lay information, etc
- 25 Police-officers to take charge of unclaimed property, and be subject to Magistrates orders as to disposal
- 26 Magistrate may detain property and issue proclamation
- 27 Confiscation of property if no claimant appears
- 28 Persons refusing to deliver up certificate, etc., on ceasing to be police-officers
- 29 Penalties for neglect of duty, etc
- 30 Regulation of public assemblies and processions and licensing of the same
- 30A Powers with regard to assemblies and processions violating conditions of license
- 31 Police to keep order in public roads, etc
- 32 Penalty for disobeying orders issued under last three sections, etc
- 33 Saving of control of Magistrate of district
- 34 Punishment for certain offences on roads, etc
- 35 Jurisdiction
- 36 Power to prosecute under other law not affected
- 37 Recovery of penalties and fines imposed by Magistrates
- 41 [Repealed.]
- 42 Limitation of actions
- 43 Plea that act was done under warrant
- 44 Police-officers to keep diary
- 45 State Government may prescribe form of returns
- 46 Scope of Act
- 47 Authority of District Superintendent of Police over village police
