49. Employment of additional Police in cases of special danger to public peace.—
(1)If in the opinion of the Government any area is in a disturbed or dangerous condition or in which the conduct of the inhabitants or of any particular section of the inhabitants renders it expedient temporarily to employ additional Police, it may by notification, in the official Gazette, specify,—(a)the area (hereinafter called “the disturbance area”) in which the additional Police is to be employed,(b)the period for which the additional Police is to be employed:Provided that the period fixed under clause (b) may be extended by the Government from time to time, if in its opinion, it is necessary to do so in the general interest of the public. The cost of the additional Police shall be a tax imposed under this section and shall be recovered in the manner prescribed in the succeeding sub-sections.(2)The decision of the Government under clauses (a) and (b) of sub-section (1) shall be final.(3)On the issue of such notification, the Government may require,—(a)in any disturbance area which is within the jurisdiction of a municipal body, the municipal body, the Deputy Commissioner of the Revenue District or any other authority,(b)in any disturbance area which is outside the area specified in clause (a), the Deputy Commissioner of the Revenue District or any other authority, to recover, whether in whole or in part, the cost of such additional Police generally from all persons who are inhabitants of the disturbance area or specially from any particular section or sections, or class or classes of such persons, and in such proportion as the Government may direct:Provided that where the municipal body is directed to recover such cost, an additional sum not exceeding three per cent of the amount of such cost shall also be recoverable.(4)(i)The Government may require the municipal body to recover such cost and the additional sum by an addition to the general or property tax which shall be imposed and levied in all or such of the municipal divisions, sub-divisions or sections thereof, as the Government may direct. Every addition to the general or property tax imposed under this sub-section shall be recovered by the municipal body from each person liable therefor, in the same manner as the general or property tax due from him.The provisions of the relevant municipal Act shall apply to any such addition as if it were part of the general or property tax levied under the said Act. Such addition shall be a charge along with the general or property tax, on the properties, in such municipal divisions or sub-divisions or sections.(ii)The Government may also require the municipal body to recover such cost and the additional sum from each person liable therefor under sub-section (3) in such manner as the Government may direct.(iii)Where the municipal body makes default in imposing and levying any such tax or in making such recovery, the Government may direct the Deputy Commissioner of the Revenue District to impose and levy such tax or to make such recovery.(5)Every amount recoverable by the Deputy Commissioner of the Revenue District or other authority under this section shall be recoverable as if it were an arrear of land revenue due by the person liable therefor.(6)It shall be lawful for the Government by order to exempt any person from liability to bear any portion of the cost of such additional Police.(7)It shall be lawful for the Government to extend the period for the payment of the cost imposed under this section, for the term not exceeding five years beyond the period for which such additional Police are actually employed.(8)Out of the total amount recovered by the municipal body under sub-section (4) or (5) whether before or after the coming into force of this Act, the amount of the cost shall be paid to the Government and the balance, if any, shall be credited to the Municipal Fund constituted under the relevant municipal Act. Such amount of cost shall be paid to the Government every three months.Explanation.—In this section, the expression “inhabitants” when used with reference to any area includes persons who themselves or by their agents or servants occupy or hold land or other immovable property within such area and landlords who themselves or by their agents or servants collect rent from holders or occupiers of land in such area notwithstanding that they do not actually reside therein.
