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State of Gujarat - Act

The Bombay State Commissioners of Police Act, 1959

GUJARAT
India

The Bombay State Commissioners of Police Act, 1959

Act 56 of 1959

  • Published on 14 October 1959
  • Commenced on 14 October 1959
  • [This is the version of this document from 14 October 1959.]
  • [Note: The original publication document is not available and this content could not be verified.]
The Bombay State Commissioners of Police Act, 1959Bombay Act No. 56 of 1959[Dated 14th October 1959]For Statement and Objects and Reasons, see Bombay Government Gazette, 1959, Part V, page 597.An Act to make provision for matters consequent on appointment of a Commissioner of Police for any area in the State of Bombay outside Greater Bombay.Whereas it is expedient to make provision for matters consequent on appointment of a Commissioner of Police for any area in the State of Bombay outside Greater Bombay; It is hereby enacted in the Tenth Year of the Republic of India as follows:-

1. Short title, extent and commencement.

(1)This Act may be called the Bombay State Commissioners of Police Act 1959.
(2)It extends to the whole of the [State of Gujarat] [Substituted by A.O., 1960.].
(3)It shall come into force on such date as the State Government may by notification in the Official Gazette, appoint.

2. Definitions.

- In this Act, unless the context otherwise requires,-
(a)"Commissioner of Police" means the Commissioner of Police appointed by the State Government for any area in the State of [Gujarat] [Substituted for 'Bombay outside Greater Bombay' by A.O., 1960.] under the Bombay Police Act 1951 (Bombay XXII of 1951) and includes an Additional Commissioner of Police and a Deputy Commissioner of Police or Assistant Commissioner of Police who under the orders of the Commissioner of Police exercises and performs any of his powers and duties;
(b)"existing law" means any enactment of a Legislature or other competent authority in relation to matters specified in Lists II and III in the Seventh Schedule to the Constitution of India in force in any part of the State of Bombay immediately before the commencement of this Act [and in force in any part of the State of Gujarat on the 1st day of May, 1960] [These words inserted by A.O., 1960.] and includes any rule by-law, regulation, order, notification, scheme, form or other instrument having the force of law made, prescribed or issued under any such enactment;
(c)"law for the time being in force" means any law relating to matters enumerated in Lists II and III in the Seventh Schedule to the Constitution of India and for the time being in force in any part of [State of Gujarat] [Substituted by A.O., 1960.];
(d)"Schedule" means the Schedule appended to this Act.

3. Amendment of enactments; power of State Government to confer powers and impose duties on Commissioner of Police under any law.

(1)For the purpose of conferring powers and imposing duties on a Commissioner of Police and for certain other purposes the enactments specified in column 1 of the Schedule shall be amended in the manner and to the extent specified in column 2 thereof.
(2)The Commissioner of Police appointed under the Bombay Police Act, 1951 (Bombay XXII of 1951), as amended by the Schedule shall exercise the powers and discharge the duties conferred and imposed on the Commissioner of Police for a presidency town of Greater Bombay by any law for the time being in force including the enactment referred to in sub-section (1) as amended by the Schedule.
(3)The State Government may by notification in the Official Gazette, amend or delete any entry in the Schedule for the purpose for the purpose of imposing any conditions or restrictions on the exercise of powers and discharge of duties conferred or imposed on the Commissioner of Police or withdraw them as the case may be and the Schedule shall be amended accordingly.
(4)The State Government may confer and impose on the Commissioner of Police powers and duties under any other enactment for the time being in force and for that purpose may by a notification in the Official Gazette, add to or specify in the Schedule the necessary adaptations and modifications in that enactment by way of amendment and thereupon-
(a)every such enactment shall accordingly be amended and have effect subject to the adaptations and modifications made and
(b)the Schedule shall be deemed to be amended by the inclusion therein of the said provision for amending the enactment.
(5)The State Government may at any time in like manner cancel a notification under sub-section (4) and thereupon the relevant enactment shall stand unamended by the cancelled notification and the Schedule shall be altered accordingly.

4. Existing appointments, notifications, etc. by District Superintendent of Police and, where District Magistrate's powers are conferred in substitution on Commissioner of Police, by District Magistrate, to be deemed to have been made by Commissioner of Police.

- On the appointment of the Commissioner of Police for any area any appointment, notification, order, rule, regulation, by-law, form, licence, instrument or, document made, prescribed, issued or executed or deemed to have been made, prescribed, issued or executed by the District Superintendent of Police and where any powers and duties of a District Magistrate are conferred in substitution on a Commissioner of Police by virtue of this Act or any enactment in the Schedule by the District Magistrate shall be deemed to have been made, prescribed, issued or executed by the Commissioner of Police and continue in operation unless and until it is superseded or modified by the Commissioner of Police.

5. Construction of references to District Superintendent of Police in existing laws.

- Subject to the provisions made in the Schedule when a Commissioner of Police is appointed for any area, all existing laws shall unless the context otherwise requires, for the purposes of that area be construed as if references therein to the District Superintendent of Police were references to the Commissioner of Police.

6. Construction of references to District Superintendent of Police and District Magistrate in instruments or documents.

- All instruments or documents executed or made before the appointment of a Commissioner of Police for any area under or with reference to any existing law or any enactment specified in the Schedule shall, unless the context otherwise requires, be construed as if references therein to the District Superintendent of Police or where any powers and duties of a District Magistrate are conferred in substitution on a Commissioner of Police by virtue of this Act or any enactment in the Schedule to the District Magistrate, were references to the Commissioner of Police for that area.

7. Pending proceedings before District Superintendent of Police and District Magistrate.

- All proceedings, including proceedings by way of appeals, revision or review pending under any existing law before the District Superintendent of Police or, where any powers and duties of a District Magistrate are conferred in substitution on a Commissioner of Police by virtue of this Act or any enactment in the Schedule before the date of appointment of the Commissioner of Police for any area shall be transferred to the Commissioner of Police for that area for disposal according to law.

8. Pending legal proceedings.

- If on the date of appointment of a Commissioner of Police for any area, any legal proceedings are pending to which a District Superintendent of Police is a party or, where any powers and duties of a District Magistrate are conferred in substitution on a Commissioner of Police by virtue of this Act or any enactment in the Schedule a District Magistrate for that area is a party the Commissioner of Police shall be substituted for the District Superintendent of Police or as the case may be for the District Magistrate in the said proceedings.

9. Power to remove difficulties.

- If any difficulty arises in giving effect to the provisions of this Act the State Government may by order do anything not inconsistent with such provisions which appears to it to be necessary or expedient for the purpose of removing the difficulty.

Schedule

(See Section 3)
1 2
The Bombay Police Act, 1951 (Bombay XXII of1951). 1. In Section 2 in clause (5) for the words"Greater Bombay" the words and figure "any areafor which a Commissioner of Police has been appointed underSection 7" shall be substituted.
  2. In Section 11,-
  (a) in sub-section (1) for the words "forGreater Bombay" the words and figure " for any areafor which a Commissioner of Police has been appointed underSection (7)" shall be substituted.
  (b) for the marginal note, the following shallbe substituted, namely:-
  "Superintendents within jurisdiction ofCommissioners."
  3. In Section 12, in sub-section (1),-
  (a) for the words "for Greater Bombay"the words "for any area" shall be substituted;
  (b) for the words "within the GreaterBombay" the words "within the area under his charge"shall be substituted.
  4. In Section 33, in sub-section (4) for thewords "any area outside Greater Bombay" the words "anyarea which is not under the charge of a Commissioner" shallbe substituted.
  5. In Section 63-AA in sub-section (1) for thewords "in Greater Bombay" the words "in any areafor which a Commissioner is appointed" shall besubstituted.
  6. In Section 82 in sub-section (2) for thewords "In Greater Bombay" the words " In any areafor which a Commissioner has been appointed shall besubstituted.
  7. In Section 83.-
  (a) in sub-section (1) for the words "InGreater Bombay" the words "In any area under thecharge of a Commissioner" shall be substituted;
  (b) in sub-section (2) for the words "Inareas outside Greater Bombay" the words "In areasoutside the charge of a Commissioner" shall be substituted.
  8. In Section 89 for the words "In anyarea outside Greater Bombay" the words "In any areaoutside the charge of a Commissioner" shall be substituted.
  9. In Section 90 in sub-section (1) for thewords "In Greater Bombay" the words "In any areaunder the Charge of a Commissioner" shall be substituted.
  10. In Section 90-A in sub-section (1) for thewords "Greater Bombay" the words "any area underthe charge of a Commissioner" shall be substituted.
  11. In Section 91 for the words "GreaterBombay" the words "any area under the charge of aCommissioner" shall be substituted.
  12. In Section 95 in sub-section (1) for thewords "Greater Bombay" the words "any area underthe charge of a Commissioner" shall be substituted.
  13. In Section 96,-
  (a) in sub-section (1) in clause (i) for thewords "Greater Bombay" the words "any area underthe charge of a Commissioner" shall be substituted.
  (b) in sub-section (2) for the words "GreaterBombay" the words "any area under the charge of aCommissioner" shall be substituted.
  (c) in sub-section (3), after the words"Greater Bombay" the words "and any other areafor which a Commissioner has been appointed" shall beinserted.
  14. In Section 119 for the words "outsideGreater Bombay" the words "in any area for which aCommissioner has not been appointed" shall be substituted.
  15. In Schedule II for the words "GreaterBombay" the following shall be substituted namely.-
  "Greater Bombay/Area under the charge ofthe Commissioner for.........".
The Code of Criminal Procedure, 1898 (V of1898). 1. In Section 83 in sub-section (1) the words"in a presidency-town" shall be deleted.
  2. In Section 85 the words "in apresidency - town" shall be deleted.
  3. To Section 373 the following proviso shallbe added, namely:-
  "Provided further that if the proceedingswere commenced in any area outside Greater Bombay for which aCommissioner of Police has been appointed the Court of Sessionshall send such copy to the Commissioner of Police for thatarea.
The Bombay Prevention of Gambling Act, 1887(Bombay IV of 1887). 1. In Section 6 in clause (i) for the words "inthe Greater Bombay" the words "in any area for whicha Commissioner of Police has been appointed" shall besubstituted.
  2. In Section 11 for the words "in theGreater Bombay" the words "in any area for which aCommissioner of Police has been appointed" shall besubstituted.
The Bombay Public Conveyances Act, 1920 (BombayVII of 1920). 1. In Section 2, for clause (a) the followingshall be substituted namely:-
  "(a) "Commissioner of Police"means-
  (i) the Commissioner of Police for GreaterBombay, and
  (ii) where the rest of the Act or any portionthereof has been extended to any other area and a Commissionerof Police has been appointed for that area, the Commissioner ofPolice for that area;
  and includes any person authorised by theCommissioner of Police concerned to exercise or perform anypower or duty imposed or conferred on him by this Act;
  2. In Section 36 in sub-section (2) in clause(a) after the word "shall" the words "where noCommissioner of Police has been appointed" shall beinserted.
The Bombay Entertainments Duty Act, 1923(Bombay 1 of 1923). 1. In Section 6 in sub-section (1) for thewords "the Greater Bombay" the words "any areafor which a Commissioner of Police has been appointed"shall be substituted.
  2. In Section 8 in sub-section (1) for thewords "in the Greater Bombay" the words "in anyarea for which a Commissioner of Police has been appointed"shall be substituted.
The Bombay Beggars Act, 1945 (Bombay XXIII of1945). In Section 28 in sub-section (1) for the words"in the Greater Bombay" the words" in any areafor which a Commissioner of Police has been appointed"shall be substituted.
The Bombay Provincial Municipal CorporationsAct, 1949 (Bombay LIX of 1949). In Section 234 for the portion beginning withthe words "With the concurrence" and ending with thewords "from time to time" the following shall besubstituted, namely:-
  "With the concurrence, in any area forwhich a Commissioner of Police has been appointed, of theCommissioner of Police or any officer nominated by him andelsewhere of the District Magistrate or any officer nominated byhim."
The Indian Lunacy Act, 1912 (IV of 1912). In Section 17,-
  (a) for the words "in thePresidency-towns" the words "in the areas for whichthe Commissioners of Police have been appointed" shall besubstituted;
  (b) for the words "any of thePresidency-towns" the words "any of the said areas"shall be substituted;
  (c) in the marginal note for the words "inthe Presidency-town" the words "in the area under hischarge" shall be substituted.
The Identification of Prisoners Act, 1920(XXXIII of 1920). In Section 7 for the words "in GreaterBombay" the words "any area for which a Commissionerof Police has been appointed" shall be substituted.
The Police (Incitement to Disaffection) Act,1922 (XXII of 1922). In Section 5, after the words "aPresidency-town" the words "or any other area underthe charge of a Commissioner of Police," shall be inserted.
The Prevention of Corruption Act, 1947 (II of1947). In Section 5-A in clause (b) after the words"presidency-town of Bombay" the words "and anyother area for which a Commissioner of Police has beenappointed" shall be inserted.