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Bengal Presidency - Act

The Bengal Police Act, 1869

BENGAL PRESIDENCY
India

The Bengal Police Act, 1869

Act 7 of 1869

  • Published on 29 September 1869
  • Commenced on 29 September 1869
  • [This is the version of this document from 29 September 1869.]
  • [Note: The original publication document is not available and this content could not be verified.]
The Bengal Police Act, 1869Bengal Act 7 of 1869[29th September, 1869.]An Act to amend the constitution of the Police-force in Bengal.Preamble. - Whereas it is expedient that the entire police-establishment in the provinces under the control of the Lieutenant-Governor of Bengal should cease to be one police-force, and that the said provinces should cease to be one general police-district under one Inspector-General;It is enacted as follows:-

1. Repeal of section 2, Act 5 of 1861.

- Repealed by Act 1 of 1903.

2. Power to divide the States into police-districts.

- It shall be lawful for the [State Government] [Words 'Provincial Government' first substituted for the words 'Lieutenant-Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter, the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.], [* * * * *] [Words 'of Bengal' omitted by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.] from time to time, to divide the said [States] [Word substituted for the word 'Provinces' by the Adaptation of Laws Order, 1950.] into as many general police-districts as [it] [Word substituted for the word 'he' by the Government of India (Adaptation of Indian Laws) Order, 1937.] may think fit, and from time to time to vary and alter any of such general police-districts, or to consolidate two or more of such general police-districts into one district, as [it] [Word substituted for the word 'he' by the Government of India (Adaptation of Indian Laws) Order, 1937.] may think fit.

3. Power to appoint in districts persons to execute duties of Inspector-General.

- It shall be lawful for the said [State Government] [Words 'Provincial Government' first substituted for the words 'Lieutenant-Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter, the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] in each such general police-district to appoint some person or exercise in such district the powers of an Inspector-General of Police, whether such person shall or shall not hold any other office under the [Government] [Word 'Crown' first substituted for the words 'said Lieutenant-Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter, the 'Government' substituted for the word 'Crown' by the Adaptation of Laws Order, 1950.]; and the administration of the police throughout such general police-district, and all powers and authorities by [the Police Act, 1861] [Words and figures substituted for the words, figures and letter 'the said Act V of 1861' by Bengal Act 1 of 1939.] or any other Act conferred on an Inspector-General of Police, shall be vested in such person.

4. Police establishment in each district to be considered one police-force.

- The entire police-establishment in every such district shall, for the purposes of the [Police Act, 1861] [Words and figures substituted for the words, figures and letter 'the said Act V of 1861' by Bengal Act 1 of 1939.], be deemed to be one police-force, and shall be formally enrolled, and shall consist of such number of officers and men, and shall be constituted in such manner, [* * * * *] [Words 'and the members of such force shall receive such pay' omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.] as shall from time to time be ordered by the said [State Government] [Words 'Provincial Government' first substituted for the words 'Lieutenant-Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter, the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] [* * * *] [Words 'subject to sanction of the Governor-General of India In Council' omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.].[The pay and all other conditions of service of the members of such force below the rank of Deputy Superintendent shall subject to the provisions of the said Act of 1861, be such as may be determined by the [State] [This portion inserted by the Government of India (Adaptation of Indian Laws) Order, 1937.] Government.]

5. Power to employ police out of district.

- It shall be lawful for the [State Government] [Words 'Provincial Government' first-substituted for the words 'Lieutenant-Governor' by the Government of India (Adaptation of Indian Laws) Order, 1937 and, thereafter, the word 'State' substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] to employ members of the police-force who have been enrolled in, or appointed to, any one general police-district, in any other general police-district within the [States] [Word substituted for the word 'Provinces' by the Adaptation of Laws Order, 1950.] subject [* * * *] [Words 'in the case of officers of the Indian Police of and above the rank of Assistant Superintendent' omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.] to [its] [Word substituted for the word 'his' by the Government of India (Adaptation of Indian Laws) Order, 1937.] control; and the powers conferred on police-officers by the Code of Criminal Procedure, [1898] [Figures inserted by Bengal Act 1 of 1939.], may be by them exercised in any portion of the said [States] [Word substituted for the word 'Provinces' by the Adaptation of Laws Order, 1950.] without reference to the local limits of the general police-district to which they may respectively belong.

6. Construction.

- This Act shall be read and taken, in the [territories to which it extends] [Words substituted for the words 'provinces under the control of the Provincial Government of Bengal' by the Indian Independence (Adaptation of Bengal and Punjab Acts) Order, 1948.] as part of [the Police Act, 1861] [Words and figures substituted for the words, figures and letter 'the said Act V of 1861' by Bengal Act 1 of 1939.].