5. Village police in villages under charge of Police-patel.
(1)The village-police in each village shall be under the charge of such person as the [ [State] [The words 'Provincial Government' were substituted for the words 'Magistrate of the district' by the Adaptation of Indian Laws Order in Council.] Government] shall [*] [The words 'subject to the approval of the Commissioner' were omitted by the Bombay Decentralization Act, 1915 (Bombay 3 of 1915).], app0int in writing to be Police-patel, and unless the [[State] [The words Provincial Government' were substituted for the word 'Commissioner' by the Adaptation of Indian Laws Order in Council.] Government], [*] [The words 'of Police' were repealed by the Bombay General Clauses Act, 1886 (Bombay 3 of 1886). Schedule B. This Schedule has been printed as an Appendix to the Bombay General Clauses Act, 1904 (Bombay I of 1904).], owing to the size of the village or other good cause, see fit to separate the appointments, the [[State] [The words 'Provincial Government' were substituted for the words 'Magistrate of the district' by the Adaptation of Indian Laws Order in Council.] Government] shall appoint the person conducting the duties of Revenue-patel to be Police patel.(2)Appointment of Police-patel. - In making the appointment, the [[State] [The words 'Provincial Government' were substituted for the words 'said Magistrate' by the Adaptation of Indian Laws Order in Council.] Government] shall have due regard to the provisions [***] [The words and figures 'of Act XI of 1843, (an Act for regulating the Service of Hereditary Officers under the Presidency of Bombay), or other Act' were repealed by the Repeal Act, 1876 (12 of 1876).] in force for regulating the services of hereditary officers, so far as the same may be applicable; but, when the Revenue patel is not appointed Police-patel, and more persons than one claim by reason of hereditary right to perform the duties, in rotation or otherwise, it shall be lawful for the [[State] [The words 'Provincial Government' were substituted for the words 'Magistrate of the district' by the Adaptation of Indian Laws Order in Council.] Government] to appoint the most fit from among their number.(3)Police-Patels may be appointed for different divisions of town or place. - In any town or place in which the duties cannot be in rotation or otherwise, it shall be lawful for the [[State] [The words 'Provincial Government' were substituted for the words 'Magistrate of the district' by the Adaptation of Indian Laws Order in Council.] Government] may, [**] [The words 'with the consent of the Commissioner' Were omitted by the Adaptation of Indian Laws Order in Council.] [**] [The words 'of Police' were repealed by the Bombay General Clauses Act, 1886 (Bombay 3 of 1886), Schedule, B. this Schedule has been printed as gin Appendix to the Bombay General Clauses Act, 1904 (Bombay II of 1904).]; appoint a sufficient number of Police-patel for the different divisions of the town or place.(4)[ The powers of the State Government under this section may also be exercised by the Magistrate of a district.] [Sub-section (4) was inserted by Gujarat 34 of 1961. section 4.]
