Powers Of District Magistrates

							   POWERS OF DISTRICT MAGISTRATES,
              SDM, EM

CODE OF CRIMINAL PROCEDURE
 The Code of Criminal Procedure, 1973
defines the types of the Criminal Courts.
Powers of the Executive Magistrates and
also defines the relation between District
Magistrate and Executive Magistrates.

POWERS OF DISTRICT
MAGISTRATE

6.Classes of Criminal Courts.- Besides
the High Courts and the Courts constituted
under any law, other than this Code, there
shall be, in every State, the following
classes of Criminal Courts, namely:-

(i) Courts of Session;

(ii) Judicial Magistrates of the first class
and, in any metropolitan area,
Metropolitan Magistrates;

(iii) Judicial Magistrates of the second
class; and

(iv) Executive Magistrates.

20.Executive Magistrates.-(1) In every
district and in every metropolitan area, the
State Government may appoint as many
persons as it thinks fit to be Executive
Magistrates and shall appoint one of them
to be the District Magistrate.

(2) The State Government may appoint
any Executive Magistrate to be an
Additional district Magistrate, and such
Magistrate shall have all or any of the
powers of a District Magistrate under this
Code or under any other law for the time
being in force.

(3) Whenever, in consequence of the office
of a District Magistrate becoming vacant,
any officer succeeds temporarily to the
executive administration of the district,
such officer shall, pending the orders of
the State Government, exercise all the
powers and perform all the duties
respectively conferred and imposed by this
Code on the District Magistrate.

(4) The State Government may place an
Executive Magistrate in charge of a sub-
division and may relieve him of the charge
as occasion requires; and the Magistrate so
placed in charge of a sub-division shall be
called the Sub-divisional Magistrate.

(5) Nothing in this section shall preclude
the State Government from conferring,
under any law for the time being in force,
on a Commissioner of Police, all or any of
the powers of an Executive Magistrate in
relation to a metropolitan area.
21.Special Executive Magistrates.- The
State Government may appoint, for such
term as it may think fit, Executive
Magistrates, to be known as Special
Executive Magistrates for particular areas
or for the performance of particular
functions and confer on such Special
Executive Magistrates such of the powers
as are conferrable under this Code on
Executive Magistrates, as it may deem fit.

22.Local jurisdiction of Executive
Magistrates.- (1) Subject to the control of
the State Government, the District
Magistrate may, from time to time, define
the local limits of the areas within which
the Executive Magistrates may exercise all
or any of the powers with which they may
be invested under this Code.

(2) Except as otherwise provided by such
definition, the jurisdiction and powers of
every such Magistrate shall extend
throughout the district.

23.Subordination of Executive
Magistrates.- (1) All Executive
Magistrates, other than the Additional
District Magistrate, shall be subordinate to
the District Magistrate, and every
Executive Magistrate (other than the Sub-
divisional Magistrate) exercising powers in
a sub-division shall also be subordinate to
the Sub-divisional Magistrate, subject,
however, to the general control of the
District Magistrate.

(2) The District Magistrate may, from time
to time, make rules or give special orders,
consistent with this Code, as to the
distribution of business among the
Executive Magistrates subordinate to him
and as to the allocation of business to an
Additional District Magistrate.
24.Public Prosecutors.- (1)For every
High Court, the Central Government or the
State Government shall, after consultation
with the High Court, appoint a Public
Prosecutor for conducting, in such Court,
any prosecution, appeal or other
proceeding on behalf of the Central or
State Government, as the case may be.

(2) For every district the State Government
shall appoint a Public Prosecutor and may
also appoint one or more Additional Public
Prosecutors for the district.

(3) The District Magistrate shall, in
consultation with the Sessions Judge,
prepare a panel of names of persons who
are, in his opinion, fit to be appointed as
the Public Prosecutor or Additional Public
Prosecutor for the district.

(4) No person shall be appointed by the
State Government as the Public Prosecutor
or Additional Public Prosecutor for the
district unless his name appears on the
panel of names prepared by the District
Magistrate under sub-section (3).

(5) A person shall only be eligible to be
appointed as a Public Prosecutor or an
Additional Public Prosecutor under sub-
section (1) or sub-section (2), if he has
been in practice as an advocate for not less
than seven years.

(6) The Central Government or the State
Government may appoint, for the purposes
of any case or class of cases, an advocate
who has been in practice for not less than
ten years, as a Special Public Prosecutor.

25.Assistant Public Prosecutors.- (1) The
State Government shall appoint in every
district one or more Assistant Public
Prosecutors for conducting prosecutions in
the Courts of Magistrates.
(2) Save as otherwise provided in sub-
section (3), no police officer shall be
eligible to be appointed as an Assistant
Public Prosecutor.

(3) Where no Assistant Public Prosecutor
is available for the purposes of any
particular case,
the District Magistrate may appoint any
other person to be the Assistant Public
Prosecutor in charge of that case:

Provided that a police officer shall not be
so appointed-

(a) if he has taken any part in the
investigation into the offence with respect
to which the accused is being prosecuted;
or

(b) if he is below the rank of Inspector.
34.Withdrawal of powers.- (1) The High
Court or the State Government, as the case
may be, may withdraw all or any of the
powers conferred by it under this Code on
any person or by any officer subordinate to
it.

(2) Any powers conferred by the Chief
Judicial Magistrate or by the District
Magistrate may be
withdrawn by the respective Magistrate by
whom such powers were conferred.

44.Arrest by Magistrate.- (1) When any
offence is committed in the presence of a
Magistrate, whether Executive or Judicial,
within his local jurisdiction, he may
himself arrest or order any person to arrest
the offender, and may thereupon, subject
to the provisions herein contained as to
bail, commit the offender to custody.

(2) Any Magistrate, whether Executive or
Judicial, may at any time arrest or direct
the arrest, in his presence, within his local
jurisdiction, of any person for whose arrest
he is competent at the time and in the
circumstances to issue a warrant.

58.Police to report apprehensions.-
Officers in charge of police stations shall
report to the District Magistrate, or, if he
so directs, to the Sub-divisional
Magistrate, the cases of all persons
arrested without warrant, within the limits
of their respective stations, whether such
persons have been admitted to bail or
otherwise.

83.Attachment of property of person
absconding.- (1) The Court issuing a
proclamation under section 82 may, for
reasons to be recorded in writing, at any
time after the issue of the proclamation,
order the attachment of any property,
movable or immovable, or both, belonging
to the proclaimed person:

Provided that where at the time of the issue
of the proclamation the Court is satisfied,
by affidavit or otherwise that the person in
relation to whom the proclamation is to be
issued, -

(a) is about to dispose of the whole or any
part of his property, or

(b) is about to remove the whole or any
part of his property from the local
jurisdiction
of the Court,

it may order the attachment simultaneously
with the issue of the proclamation.

(2) Such order shall authorise the
attachment of any property belonging to
such person within the district in which it
is made; and it shall authorise the
attachment of any property belonging to
such person without such district when
endorsed by the District Magistrate within
whose district such property is situate.

(3) If the property ordered to be attached is
a debt or other movable property, the
attachment under this section shall be
made-

(a) by seizure; or

(b) by the appointment of a receiver; or

(c) by an order in writing prohibiting the
delivery of such property to the proclaimed
person or to any one on his behalf; on

(d) by all or any two of such methods, as
the Court thinks fit.

(4) If the property ordered to be attached is
immovable, the attachment under this
section shall, in the case of land paying
revenue to the State Government, be made
through the Collector of the district in
which the land is situate, and in all other
cases-

(a) by taking possession; or

(b) by the appointment of a receiver; or

(c) by an order in writing prohibiting the
payment of rent on delivery of property to
the proclaimed person or to any one on his
behalf; or

(d) by all or any two of such methods, as
the Court thinks fit.

(5) If the property ordered to be attached
consists of live-stock or is of a perishable
nature, the Court may, if it thinks it
expedient, order immediate sale thereof,
and in such case the proceeds of the sale
shall abide the order of the Court.

(6) The powers, duties and liabilities of a
receiver appointed under this section shall
be the same as those of a receiver
appointed under the Code of Civil
Procedure, 1908(5 of 1908).

94.Search of place suspected to contain
stolen property forged documents etc.-
(1) If a 'District Magistrate, Sub-divisional
Magistrate or Magistrate of the first class,
upon information and after such inquiry as
he thinks necessary, has reason to believe
that any place is used for the deposit or
sale of stolen property, or for the deposit,
sale or production of any objectionable
article to which this section applies, or that
any such objectionable article is deposited
in any place, he may by warrant authorise
any police officer above the rank of a
constable-
(a) to enter, with such assistance as may be
required, such place,

(b) to search the same in the manner
specified in the warrant,

(c) to take possession of any property or
article therein found which he reasonably
suspects to be stolen property or
objectionable article to which this section
applies,

(d) to convey such property or article
before a Magistrate, or to guard the same
on the
spot until the offender is taken before a
Magistrate, or otherwise to dispose of it in
some place of safety,

(e) to take into custody and carry before a
Magistrate every person found in such
place who appears to have been privy to
the deposit, sale or production of any such
property or article knowing or having
reasonable cause to suspect it to be stolen
property or, as the case may be,
objectionable article to which this section
applies.

(2) The objectionable articles to which this
section applies are -

(a) counterfeit coin;

(b) pieces of metal made in contravention
of the Metal Tokens Act, 1889,(1 of 1899)
or brought into India in contravention of
any notification for the time being in force
under section 11 of the Customs Act,
1962(52 of 1962);

(c) counterfeit currency note; counterfeit
stamps;

(d) forged documents;
(e) false seals;

(f) obscene objects referred to in section
292 of the Indian Penal Code(45 of 1860);


(g) instruments or materials used for the
production of any of the articles mentioned
in clauses (a) to (f).

97.Search for persons wrongfully
confined.- If any District Magistrate, Sub-
divisional Magistrate or Magistrate of the
first class has reason to believe that any
person is confined under such
circumstances that the confinement
amounts to an offence, he may issue la
search-warrant, and the person to whom
such warrant is directed may search for the
person so confined; and such search shall
be made in accordance therewith, and the
person, if found, shall be immediately
taken before a Magistrate, who shall make
such order as in the circumstances of the
case seems proper.

98.Power to compel restoration of
abducted females.- Upon complaint made
on oath of the abduction or unlawful
detention of a woman, or a female child
under the age of eighteen years, for any
unlawful purpose, a District Magistrate,
Sub-divisional Magistrate or Magistrate of
the first class may make an order for the
immediate restoration of such woman to
her liberty, or of such female child to her
husband, present, guardian or other person
having the lawful charge of such child, and
may compel compliance with such order,
using such force as may be necessary.
107.Security for keeping the peace in
other cases.- (1) When an Executive
Magistrate receives information that any
person is likely to commit a breach of the
peace or disturb the public tranquillity or
to do any wrongful act that may probably
occasion a breach of the peace or disturb
the public tranquillity and is of opinion
that there is sufficient ground for
proceeding, he may, in the manner
hereinafter provided, require such person
to show cause why he should not be
ordered to execute a bond, for keeping the
peace for such period, not exceeding one
year, as the Magistrate thinks fit.

(2) Proceeding under this section may be
taken before any Executive Magistrate
when either the place where the breach of
the peace or disturbance is apprehended is
within his local jurisdiction or there is
within such jurisdiction a person who is
likely to commit a breach of the peace or
disturb the public tranquillity or to do any
wrongful act as aforesaid beyond such
jurisdiction.

108.Security for good behaviour from
persons disseminating seditious
matters.- (1) When an Executive
Magistrate receives information that there
is within his local jurisdiction any person
who, within or without such jurisdiction, -

(i) either orally or in writing or in any
other manner, intentionally disseminates or
attempts to disseminate or abets the
dissemination of, -

(a) any matter the publication of which is
punishable under section 124A or section
153A or section 153B or section 295A of
the Indian Penal Code, (45 of 1860) or

(b) any matter concerning a Judge acting
or purporting to act in the discharge of his
official duties which amounts to criminal
intimidation or defamation under the
Indian Penal Code, (45 of 1860).

(ii)makes, produces, publishes or keeps for
sale, imports, exports, conveys, sells, lets
to hire, distributes, publicly exhibits or in
any other manner puts into circulation any
obscene matter such as is referred to in
section 292 of the Indian Penal Code, (45
of 1860)
(ii) and the Magistrate is of opinion that
there is sufficient ground for proceeding,
the Magistrate may, in the manner
hereinafter provided, require such person
to show cause why he should not be
ordered to execute a bond, with or without
sureties, for his good behaviour for such
period, not exceeding one year, as the
Magistrate thinks fit.

(2) No proceedings shall be taken under
this section against the editor, proprietor,
printer or publisher of any publication
registered under, and edited, printed and
published in conformity with, the rules laid
down in the Press and Registration of
Books Act, 1867, (25 of 1867) with
reference to any matter contained in such
publication except by the order or under
the authority of the State Government or
some officer empowered by the State
Government in this behalf.

109.Security for good behaviour from
suspected persons.- When an Executive
Magistrate receives information that there
is within his local jurisdiction a person
taking precautions to conceal his presence
and that there is reason to believe that he is
doing so with a view to committing a
cognizable offence, the Magistrate may, in
the manner hereinafter provided, require
such person to show cause why he should
no the ordered to execute a bond, with or
without sureties, for his good behaviour for
such period, not exceeding one year, as the
Magistrate thinks fit.

110.Security for good behaviour from
habitual offenders.- When a Executive
Magistrate receives information that there
is within his local jurisdiction a person
who -

(a) is by habit a robber, house-breaker,
thief, or forger, or

(b) is by habit a receiver of stolen property
knowing the same to have been stolen, or

(c) habitually protects or harbours thieves,
or aids in the concealment or disposal of
stolen property, or

(d) habitually commits, or attempts to
commit, or abets the commission of, the
offence of kidnapping, abduction,
extortion, cheating or mischief, or any
offence punishable under Chapter XII of
the Indian Penal Code, (45 of 1860) or
under section 489A, section 489B, section
489C or section 489D of that Code, or
(e) habitually commits, or attempts to
commit, or abets the commission of,
offences, involving a breach of the peace,
or

(f) habitually commits, or attempts to
commit, or abets the commission of -

(i) any offence under one or more of the
following Acts, namely:-

(a) the Drugs and Cosmetics Act, 1940 (23
of 1940);

(b) the Foreign Exchange Regulation Act,
1973 (7 of 1973);

(c) the Employees' Provident Funds and
Family Pension Fund Act, 1952 (19 of
1952);

(d) the Prevention of Food Adulteration
Act, 1954 (37 of 1954);

(e) the Essential Commodities Act,
1955(10 of 1955);

(f) the Untouchability (Offences ) Act,
1955 (22 of 1955);

(g) the Customs Act, 1962 (52 of 1962); or

(ii) any offence punishable under any other
law providing for the prevention of
hoarding or profiteering or of adulteration
of food or drugs or of corruption, or

(g) is so desperate and dangerous as to
render his being at large without security
hazardous to the community,

such Magistrate may, in the manner
hereinafter provided, require such person
to show cause why he should not be
ordered to execute a bond, with sureties,
for his good behaviour for such period, not
exceeding three years, as the Magistrate
thinks fit.
111.Order to be made.- When a
Magistrate acting under section 107,
section 108, section 109 or section 110,
deems it necessary to require any person to
show cause under such section, he shall
make an order in writing, setting forth the
substance of the information received, the
amount of the bond to be executed, the
term for which it is to be in force, and the
number, character and class of sureties (if
any) required.

112.Procedure in respect of person in
Court.- If the person in respect of whom
such order is made is present in Court, it
shall be read over to him, or, if he so
desires, the substance thereof shall be
explained to him.

113.Summons or warrant in case of
person not so present.- If such person is
not present in Court, the Magistrate shall
issue a summons requiring him to appear,
or, when such person is in custody, a
warrant directing the officer in whose
custody he is to bring him before the
Court;

Provided that whenever it appears to such
Magistrate, upon the report of a police
officer or upon other information (the
substance of which report or information
shall be recorded by the Magistrate), that
there is reason to fear the commission of a
breach of the peace, and that such breach
of the peace cannot be prevented otherwise
than by the immediate arrest of such
person, the Magistrate may at any time
issue a warrant for his arrest.

114.Copy of order to accompany
summons or warrant.- Every summons
or warrant issued under section 113, shall
be accompanied by a copy of the order
made under section 111, and such copy
shall be delivered by the officer serving or
executing such summons or warrant to the
person served with, or arrested under, the
same.

115.Power to dispense with personal
attendance.- The Magistrate may, if he
sees sufficient cause, dispense with the
personal attendance of any person called
upon to show cause why he should not be
ordered to execute a bond for keeping the
peace or for good behaviour and may
permit him to appear by a pleader.

116.Inquiry as to truth of information.-
(1) When an order under section 111 has
been read or explained under section 112
to a person present in Court, or when any
person appears or is brought before a
Magistrate in compliance with, or in
execution of, a summons or warrant,
issued under section 113, the Magistrate
shall proceed to inquire into the truth of
the information upon which action has
been taken, and to take such further
evidence as may appear necessary.

(2) Such inquiry shall be made, as nearly
as may be practicable, in the manner
hereinafter prescribed for conducting trial
and recording evidence in summons-cases.

(3) After the commencement, and before
the completion, of the inquiry under sub-
section (1), the Magistrate, if he considers
that immediate measures are necessary for
the prevention of a breach of the peace or
disturbance of the public tranquillity or the
commission of any offence or for the
public safety, may, for reasons to be
recorded in writing, direct the person in
respect of whom the order under section
111 has been made to execute a bond, with
or without sureties, for keeping the peace
or maintaining good behaviour until the
conclusion of the inquiry, and may detail
him in custody until such bond is executed
or, in default of execution, until the inquiry
is concluded:

Provided that-

(a) no person against whom proceedings
are not being taken under section 108,
section 109, or section 110 shall be
directed to execute a bond for maintaining
good behaviour;

(b) the conditions of such bond, whether as
to the amount thereof or as to the provision
of sureties or the number thereof or the
pecuniary extent of their liability, shall not
be more onerous than those specified in the
order under section 111.

(4) For the purpose of this section the fact
that a person is an habitual offender or is
so desperate and dangerous as to render his
being at large without security hazardous
to the community may be proved by
evidence of general repute or otherwise.

(5) Where two or more persons have been
associated together in the matter under
inquiry, they may be dealt with in the same
or separate inquiries as the Magistrate shall
think just.

(6) The inquiry under this section shall be
completed within a period of six months
from the date of its commencement, and if
such inquiry is not so completed, the
proceedings under this Chapter shall on the
expiry of the said period, stand terminated
unless, for special reasons to be recorded
in writing, the Magistrate otherwise
directs:

Provided that where any person has been
kept in detention pending such inquiry, the
proceeding against that person, unless
terminated earlier, shall stand terminated
on the expiry of a period of six months of
such detention.

(7) Where any direction is made under
sub-section (6) permitting the continuance
of proceedings, the Sessions Judge may,
on an application made to him by the
aggrieved party, vacate such direction if he
is satisfied that it was not based on any
special reason or was perverse.

117.Order to give security.- If, upon such
inquiry, it is proved that it is necessary for
keeping the peace or maintaining good
behaviour, as the case may be, that the
person in respect of whom the inquiry is
made should execute a bond, with or
without sureties, the Magistrate shall make
an order accordingly:

Provided that-

(a) no person shall be ordered to give
security of a nature different from, or of an
amount large than, or for a period longer
than, that specified in the order made
under section 111;

(b) the amount of every bond shall be fixed
with due regard to the circumstances of the
case and shall not be excessive;

(c) when the person in respect of whom the
inquiry is made is a minor, the bond shall
be executed only by his sureties.

118.Discharge of person informed
against.- If, on an inquiry under section
116, it is not proved that it is necessary for
keeping the peace or maintaining good
behaviour, as the case may be, that the
person in respect of whom the inquiry is
made, should execute a bond, the
Magistrate shall make an entry on the
record to that effect, and if such person is
in custody only for the purposes of the
inquiry, shall release him, or, if such
person is not in custody, shall discharge
him.

119.Commencement of period for which
security is required.-(1) If any person, in
respect of whom an order requiring
security is made under section 106 or
section 117, is, at the time such order is
made, sentenced to, or undergoing a
sentence of, imprisonment, the period for
which such security is required shall
commence on the expiration of such
sentence.

(2) In other cases such period shall
commence on the date of such order unless
the Magistrate, for sufficient reason, fixes
a later date.

120.Contents of bond.-The bond to be
executed by any such person shall bind
him to keep the peace or to be of good
behaviour, as the case may be, and in the
latter case the commission or attempt to
commit, or the abetment of, any offence
punishable with imprisonment, wherever it
may be committed, is a breach of the bond.

121.Power to reject sureties.- (1) A
Magistrate may refuse to accept any surety
offered, or may reject any surety
previously accepted by him or his
predecessor under this Chapter on the
ground that such surety is an unfit person
for the purposes of the bond:

Provided that, before so refusing to accept
or rejecting any such surety, he shall either
himself hold an inquiry on oath into the
fitness of the surety, or cause such inquiry
to be held and a report to be made thereon
by a Magistrate subordinate to him.

(2) Such Magistrate shall, before holding
the inquiry, give reasonable notice to the
surety and to the person by whom the
surety was offered and shall, in making the
inquiry, record the substance of the
evidence adduced before him.

(3) If the Magistrate is satisfied, after
considering the evidence so adduced either
before him or before a Magistrate deputed
under sub-section (1), and the report of
such Magistrate (if any), that the surety is
an unfit person for the purposes of the
bond, he shall make an order refusing to
accept or rejecting, as the case may be,
such surety and recording his reasons for
so doing:

Provided that, before making an order
rejecting any surety who has previously
been accepted, the Magistrate shall issue
his summons or warrant, as he thinks fit,
and cause the person for whom the surety
is bound to appear or to be brought before
him.
122.Imprisonment in default of
security.-(1) (a) If any person ordered to
give security under section 106 or section
117 does not give such security on or
before the date on which the period for
which such security is to be given
commences, he shall, except in the case
next hereinafter mentioned, be committed
to prison, or, if he is already in prison, be
detained in prison until such period expires
or until within such period he gives the
security to the Court or Magistrate who
made the order requiring it.

(b) If any person after having executed a
bond without sureties for keeping the
peace in pursuance of an order of a
Magistrate under section 117, is proved, to
the satisfaction of such Magistrate or his
successor-in-office, to have committed
breach of the bond, such Magistrate or
successor-in-office may, after recording
the grounds of such proof, order that the
person be arrested and detained in prison
until the expiry of the period of the bond
and such order shall be without prejudice
to any other punishment or forfeiture to
which the said person may be liable in
accordance with law.

(2) When such person has been ordered by
a Magistrate to give security for a period
exceeding one year, such Magistrate shall,
if such person does not give such security
as aforesaid, issue a warrant directing him
to be detained in prison pending the orders
of the Sessions Judge and the proceedings
shall be laid, as soon as conveniently may
be, before such Court.

(3) Such Court, after examining such
proceedings and requiring from the
Magistrate any further information or
evidence which it thinks necessary, and
after giving the concerned person a
reasonable opportunity of being heard,
may pass such order on the case as it
thinks fit:

Provided that the period (if any) for which
any person is imprisoned for failure to give
security shall not exceed three years.

(4) If security has been required in the
course of the same proceeding from two or
more persons in respect of any one of
whom the proceedings are referred to the
Sessions Judge under sub-section (2), such
reference shall also include the case of any
other of such persons who has been
ordered to give security, and the provisions
of sub-sections (2) and (3) shall, in that
event, apply to the case of such other
person also, except that the period (if any)
for which he may be imprisoned shall not
exceed the period for which he was
ordered to give security.
(5) A Sessions Judge may in his discretion
transfer any proceedings laid before him
under sub-section (2) or sub-section (4) to
an Additional Sessions Judge or Assistant
Sessions Judge and upon such transfer,
such Additional Sessions Judge or
Assistant Sessions Judge may exercise the
powers of a Sessions Judge under this
section in respect of such proceedings.

(6) If the security is tendered to the officer
in charge of the jail, he shall forthwith
refer the matter to the Court or Magistrate
who made the order, and shall await the
orders of such Court or Magistrate.

(7) Imprisonment for failure to give
security for keeping the peace shall be
simple.

(8) Imprisonment for failure to give
security for good behaviour shall, where
the proceedings have been taken under
section 108, be simple, and, where the
proceedings have been taken under section
109 or section 110, be rigorous or simple
as the Court or Magistrate in each case
directs.

123.Power to release persons imprisoned
for failing to give security.- (1) Whenever
the Chief Judicial Magistrate is of opinion
that any person imprisoned for failing to
give security under this Chapter may be
released without hazard to the community
or to any other person, he may order such
person to be discharged.

(2) Whenever any person has been
imprisoned for failing to give security
under this Chapter, the High Court or
Court of Session, or, where the order was
made by any other Court, the Chief
Judicial Magistrate, may make an order
reducing the amount of the security or the
number of sureties or the time for which
security has been required.

(3) An order under sub-section (1) may
direct the discharge of such person either
without conditions or upon any conditions
which such person accepts:

Provided that any condition imposed shall
cease to be operative when the period for
which such person was ordered to give
security has expired.

(4) The State Government may prescribe
the conditions upon which a conditional
discharge may be made.

(5) If any condition upon which any person
has been discharged it, in the opinion of
the Chief Judicial Magistrate by whom the
order of discharge was made or of his
successor, not fulfilled, he may cancel the
same.
(6) When a conditional order of discharge
has been cancelled under sub-section (5),
such person may be arrested by any police
officer without warrant, and shall
thereupon be produced before the Chief
Judicial Magistrate.

(7) Unless such person gives security in
accordance with the terms of the original
order for the unexpired portion of the term
for which he was in the first instance
committed or ordered to be detained (such
portion being deemed to be a period equal
to the period between the date of the
breach of the conditions of discharge and
the date on which, except for such
conditional discharge, he would have been
entitled to release), the Chief Judicial
Magistrate may remand such person to
prison to undergo such unexpired portion.

(8) A person remanded to prison under
sub-section (7) shall, subject to the
provisions of section 122, be released at
any time on giving security in accordance
with the terms of the original order for the
unexpired portion aforesaid to the Court or
Magistrate by whom such order was made,
or to its or his successor.

(9) The High Court or Court of Session
may at any time, for sufficient reasons to
be recorded in writing, cancel any bond for
keeping the peace or for good behaviour
executed under this Chapter by any order
made by it, and the Chief Judicial
Magistrate may make such cancellation
where such bond was executed under his
order or under the order of any other Court
in his direct.

(10) Any surety for the peaceable conduct
or good behaviour of another person
ordered to execute a bond under this
Chapter may at any time apply to the Court
making such order to cancel the bond and
on such application being made, the Court
shall issue a summons or warrant, as it
thinks fit, requiring the person for whom
such surety is bound to appear or to be
brought before it.

124.Security for unexpired period of
bond.-(1) When a person for whose
appearance a summons or warrant has
been issued under the proviso to sub-
section (3) of section 121 or under sub-
section (10) of section 123, appears or is
brought before the Magistrate or Court, the
Magistrate or Court shall cancel the bond
executed by such person and shall order
such person to give, for the unexpired
portion of the term of such bond, fresh
security of the same description as the
original security.

(2) Every such order shall, for the purposes
of sections 120 to 123 (both inclusive), be
deemed to be an order made under section
106 or section 117, as the case may be.

A.- Unlawful assemblies

129.Dispersal of assembly by use of civil
force.- (1) Any Executive Magistrate or
officer incharge of a police station or, in
the absence of such officer incharge, any
police officer, not below the rank of a sub-
inspector, may command any unlawful
assembly, or any assembly of five or more
persons likely to cause a disturbance of the
public peace, to disperse; and it shall
thereupon be the duty of the members of
such assembly to disperse accordingly.

(2) If, upon being so commanded, any such
assembly does not disperse, or if, without
being so commanded, it conducts itself in
such a manner as to show a determination
not to disperse, any Executive Magistrate
or police officer referred to in sub-section
(1), may proceed to disperse such
assembly by force, and may require the
assistance of any male person, not being an
officer or member of the armed forces and
acting as such, for the purpose of
dispersing such assembly, and, if
necessary, arresting and confining the
persons who form part of it, in order to
disperse such assembly or that they may be
punished according to law.

130.Use of armed forces to disperse
assembly.- (1) If any such assembly
cannot be otherwise dispersed, and if it is
necessary for the public security that it
should be dispersed, the Executive
Magistrate of the highest rank who is
present may cause it to be dispersed by the
armed forces.

(2) Such Magistrate may require any
officer in command of any group of
persons belonging to the armed forces to
disperse the assembly with the help of the
armed forces under his command, and to
arrest and confine such persons forming
part of it as the Magistrate may direct, or
as it may be necessary to arrest and
confine in order to disperse the assembly
or to have them punished according to law.

(3) Every such officer of the armed forces
shall obey such requisition in such manner
as he thinks fit, but in so doing he shall use
as little force, and do as little injury to
person and property, as may be consistent
with dispersing the assembly and arresting
and detaining such persons.

131.Power of certain armed force
officers to disperse assembly.-When the
public security is manifestly endangered
by any such assembly and no Executive
Magistrate can be communicated with, any
commissioned or gazetted officer of the
armed forces may disperse such assembly
with the help of the armed forces under his
command, and may arrest and confine any
persons forming part of it, in order to
disperse such assembly or that they may be
punished according to law; but if, while he
is acting under this section, it becomes
practicable for him to communicate with
an Executive Magistrate, he shall do so,
and shall thenceforward obey the
instructions of the Magistrate, as to
whether he shall or shall not continue such
action.

132.Protection against prosecution for
acts done under preceding sections.-
(1)No prosecution against any person for
any act purporting to be done under section
129, section 130 or section 131 shall be
instituted in any Criminal Court except -

(a) with the sanction of the Central
Government where such person is an
officer or member of the armed forces;
(b) with the sanction of the State
Government in any other case.

(2) (a) No Executive Magistrate or police
officer acting under any of the said
sections in good faith;

(b) no person doing any act in good faith in
compliance with a requisition under
section 129 or section 130;

(c) no officer of the armed forces acting
under section 131 in good faith;

(d) no member of the armed forces doing
any act in obedience to any order which he
was bound to obey,
shall be deed to have thereby committed an
offence.

(3) In this section and in the preceding
sections of this Chapter, -
(a) the expression "armed forces" means
the military, naval and air forces, operating
as land forces and includes any other
Armed Forces of the Union so operating;

(b)"officer", in relation to the armed
forces, means a person commissioned,
gazetted or in pay as an officer of the
armed forces and includes a junior
commissioned officer, a warrant officer, a
petty officer, a non-commissioned officer
and a non-gazetted officer;

(c)"member", in relation to the armed
forces, means a person in the armed forces
other than an officer.

B.- Public nuisances

133.Conditional order for removal of
nuisance.- (1) Whenever a District
Magistrate or a Sub-divisional Magistrate
or any other Executive Magistrate
specially empowered in this behalf by the
State Government, on receiving the report
of a police officer or other information and
on taking such evidence (if any) as he
thinks fit, considers -

(a) that any unlawful obstruction or
nuisance should be removed from any
public place or from any way, river or
channel which is or may be lawfully used
by the public; or

(b) that the conduct of any trade or
occupation, or the keeping of any goods or
merchandise, is injurious to the health or
physical comfort of the community , and
that in consequence such trade or
occupation should be prohibited or
regulated or such goods or merchandise
should be removed or the keeping thereof
regulated; or
(c) that the construction of any building,
or, the disposal of any substance , as is
likely to occasion conflagration or
explosion, should be prevented or stopped;
or

(d) that any building, tent or structure, or
any tree is in such a condition that it is
likely to fall and thereby cause injury to
persons living or carrying on business in
the neighbourhood or passing by, and that
in consequence the removal, repair or
support of such building, tent or structure,
or the removal or support of such tree, is
necessary; or

(e) that any tank, well or excavation
adjacent to any such way or public place
should be fenced in such manner as to
prevent danger arising to the public; or

(f) that any dangerous animal should be
destroyed, confined or otherwise disposed
of,

such Magistrate may make a conditional
order requiring the person causing such
obstruction or nuisance, or carrying on
such trade or occupation, or keeping any
such goods or merchandise, or owning,
possessing or controlling such building,
tent, structure, substance, tank, well or
excavation, or owning or possessing such
animal or tree, within a time to be fixed in
the order-

(i) to remove such obstruction or nuisance;
or

(ii) to desist from carrying on, or to
remove or regulate in such manner as may
be directed, such trade or occupation, or to
remove such goods or merchandise, or to
regulate the keeping thereof in such
manner as may be directed; or
(iii) to prevent or stop the construction of
such building, or to alter the disposal of
such substance; or

(iv) to remove, repair or support such
building, tent or structure, or to remove or
support such trees; or

(v) to fence such tank, well or excavation;
or

(vi) to destroy, confine or dispose of such
dangerous animal in the manner provided
in the said order;

or, if he objects so to do, to appear before
himself or some other Executive
Magistrate subordinate to him at a time
and place to be fixed by the order, and
show cause, in the manner hereinafter
provided, why the order should not be
made absolute.
(2) No order duly made by a Magistrate
under this section shall be called in
question in any Civil Court.

Explanation.- A "public place" includes
also property belonging to the State,
camping grounds and left unoccupied for
sanitary or recreative purposes.

134.Service or notification of order.-
(1)The order shall, if practicable, be served
on the person against whom it is made, in
the manner herein provided for service of a
summons.

(2) If such order cannot be so served, it
shall be notified by proclamation,
published in such manner as the State
Government may, by rules, direct, and a
copy thereof shall be stuck up at such
place or places as may be fittest for
conveying the information to such person.
135.Person to whom order is addressed
to obey or show cause.-The person
against whom such order is made shall -

(a) perform, within the time and in the
manner specified in the order, the act
directed thereby; or

(b) appear in accordance with such order
and show cause against the same.

136.Consequences of his failing to do
so.- If such person does not perform such
act or appear and show cause, he shall be
liable to the penalty prescribed in that
behalf in section 188 of the Indian Penal
Code, (45 of 1860)and the order shall be
made absolute.

137.Procedure where existence of public
right is denied.- (1) Where an order is
made under section 133 for the purpose of
preventing obstruction, nuisance or danger
to the public in the use of any way, river,
channel or place, the Magistrate shall, on
the appearance before him of the person
against whom the order was made,
question him as to whether he denies the
existence of any public right in respect of
the way, river, channel or place, and if he
does so, the Magistrate shall, before
proceeding under section 138, inquire into
the matter.

(2) If in such inquiry the Magistrate finds
that there is any reliable evidence in
support of such denial, he shall stay the
proceedings until the matter of the
existence of such right has been decided by
a competent Court; and, if he finds that
there is no such evidence, he shall proceed
as laid down in section 138.

(3) A person who has, on being questioned
by the Magistrate under sub-section (1),
failed to deny the existence of a public
right of the nature therein referred to, or
who, having made such denial, has failed
to adduce reliable evidence in support
thereof, shall not in the subsequent
proceedings be permitted to make any such
denial.

138.Procedure where he appears to
show cause.- (1) If the person against
whom an order under section 133 is made
appears and shows cause against the order,
the Magistrate shall take evidence in the
matter as in a summons-case.

(2) If the Magistrate is satisfied that the
order, either as originally made or subject
to such modification as he considers
necessary, is reasonable and proper, the
order shall be made absolute without
modification or, as the case may be, with
such modification.

(3) If the Magistrate is not so satisfied, no
further proceedings shall be taken in the
case.

139.Power of Magistrate to direct local
investigation and examination of an
expert.- The Magistrate may, for the
purposes of an inquiry under section 137
or section 138-

(a) direct a local investigation to be made
by such person as he thinks fit; or

(b) summon and examine an expert.

140.Power of Magistrate to furnish
written instructions, etc.- (1) Where the
Magistrate directs a local investigation by
any person under section 139, the
Magistrate may -

(a) furnish such person with such written
instructions as may seem necessary for his
guidance;
(b) declare by whom the whole or any part
of the necessary expenses of the local
investigation shall be paid.

(2) The report of such person may be read
as evidence in the case.

(3) Where the Magistrate summons and
examines an expert under section 139, the
Magistrate may direct by whom the costs
of such summoning and examination shall
be paid.

141.Procedure on order being made
absolute and consequences of
disobedience.- (1) When an order has been
made absolute under section 136 or section
138, the Magistrate shall give notice of the
same to the person against whom the order
was made, and shall further require him to
perform the act directed by the order
within a time to be fixed in the notice, and
inform him that, in case of disobedience,
he will be liable to the penalty provided by
section 188 of the Indian Penal Code(45 of
1860).

(2) If such act is not performed within the
time fixed, the Magistrate may cause it to
be performed, and may recover the costs of
performing it, either by the sale of any
building, goods or other property removed
by his order, or by the distress and sale of
any other movable property of such person
within or without such Magistrate's local
jurisdiction and if such other property is
without such jurisdiction, the order shall
authorise its attachment and sale when
endorsed by the Magistrate within whose
local jurisdiction the property to be
attached is found.

(3) No suit shall lie in respect of anything
done in good faith under this section.
142.Injunction pending inquiry.- (1) If a
Magistrate making an order under section
133 considers that immediate measures
should be taken to prevent imminent
danger or injury of a serious kind to the
public, he may issue such an injunction to
the person against whom the order was
made, as is required to obviate or prevent
such danger or injury pending the
determination of the matter.

(2) In default of such person forthwith
obeying such injunction, the Magistrate
may himself use, or cause to be used, such
means as he thinks fit to obviate such
danger or to prevent such injury.

(3) No suit shall lie in respect of anything
done in good faith by a Magistrate under
this section.

143.Magistrate may prohibit repetition
or continuance of public nuisance.- A
District Magistrate or Sub-divisional
Magistrate, or any other Executive
Magistrate empowered by the State
Government or the District Magistrate in
this behalf, may order any person not to
repeat or continue a public nuisance, as
defined in the Indian Penal Code, (45 of
1860) or any special or local law.

C.- Urgent cases of nuisance or
apprehended danger

144.Power to issue order in urgent cases
of nuisance or apprehended danger.- (1)
In cases where, in the opinion of a District
Magistrate, a Sub-divisional Magistrate or
any other Executive Magistrate specially
empowered by the State Government in
this behalf, there is sufficient ground for
proceeding under this section and
immediate prevention or speedy remedy is
desirable, such Magistrate may, by a
written order stating the material facts of
the case and served in the manner provided
by section 134, direct any person to abstain
from a certain act or to take certain order
with respect to certain property in his
possession or under his management, if
such Magistrate considers that such
direction is likely to prevent, or tends to
prevent, obstruction, annoyance or injury
to any person lawfully employed, or
danger to human life, health or safety, or a
disturbance of the public tranquillity, or a
riot, or an affray.

(2) An order under this section may, in
cases of emergency or in cases where the
circumstances do not admit of the serving
in due time of a notice upon the person
against whom the order is directed, be
passed ex parte.

(3) An order under this section may be
directed to a particular individual, or to
persons residing in a particular place or
area, or to the public generally when
frequenting or visiting a particular place or
area.

(4) No order under this section shall
remain in force for more than two months
from the making thereof:

Provided that, if the State Government
considers it necessary so to do for
preventing danger to human life, health or
safety or for preventing a riot or any
affray, it may, by notification, direct that
an order made by a Magistrate under this
section shall remain in force for such
further period not exceeding six months
from the date on which the order made by
the Magistrate would have, but for such
order, expired, as it may specify in the said
notification.

(5) Any Magistrate may, either on his own
motion or on the application of any person
aggrieved, rescind or alter any order made
under this section, by himself or any
Magistrate subordinate to him or by his
predecessor-in-office.

(6) The State Government may, either on
its own motion or on the application of any
person aggrieved, rescind or alter any
order made by it under the proviso to sub-
section (4).

(7) Where an application under sub-section
(5) or sub-section (6) is received, the
Magistrate, or the State Government, as
the case may be, shall afford to the
applicant an early opportunity of appearing
before him or it, either in person or by
pleader and showing cause against the
order; and if the Magistrate or the State
Government, as the case may be, rejects
the application wholly or in part, he or it
shall record in writing the reasons for so
doing.
D.- Disputes as to immovable property

145.Procedure where dispute
concerning land or water is likely to
cause breach of peace.- (1) Whenever an
Executive Magistrate is satisfied from a
report of a police or upon other
information that a dispute likely to cause a
breach of the peace exists concerning any
land or water or the boundaries thereof,
within his local jurisdiction, he shall make
an order in writing, stating the grounds of
his being so satisfied, and requiring the
parties concerned in such dispute to attend
his Court in person or by pleader on a
specified date and time, and to put in
written statements of their respective
claims as respects the fact of actual
possession of the subject of dispute.

(2) For the purposes of this section, the
expression "land or water" includes
buildings, markets, fisheries, crops or other
produce of land, and the rents or profits of
any such property.

(3) A copy of the order shall be served in
the manner provided by this Code for the
service of a summons upon such person or
persons as the Magistrate may direct, and
at least one copy shall be published by
being affixed to some conspicuous place at
or near the subject of dispute.

(4) The Magistrate shall then, without
reference to the merits or the claims of any
of the parties to a right to possess the
subject of dispute, peruse the statements so
put in, hear the parties, receive all such
evidence as may be produced by them,
take such further evidence, if any, as he
thinks necessary, and, if possible, decide
whether any and which of the parties was,
at the date of the order made by him under
sub-section (1), in possession of the
subject of dispute:

Provided that if it appears to the Magistrate
that any party has been forcibly and
wrongfully dispossessed within two
months next before the date on which the
report of a police officer or other
information was received by the
Magistrate, or after that date and before the
date of his order under sub-section (1), he
may treat the party so dispossessed as if
that party had been in possession on the
date of his order under sub-section (1).

(5) Nothing in this section shall preclude
any party so required to attend, or any
other person interested, from showing that
no such dispute as aforesaid exists or has
existed; and in such case the Magistrate
shall cancel his said order, and all further
proceedings thereon shall be stayed, but,
subject to such cancellation, the order of
the Magistrate under sub-section (1) shall
be final.

(6) (a) If the Magistrate decides that one of
the parties was, or should under the
proviso to sub-section (4) be treated as
being, in such possession of the said
subject, he shall issue an order declaring
such party to be entitled to possession
thereof until evicted therefrom in due
course of law, and forbidding all
disturbance of such possession until such
eviction; and when he proceeds under the
proviso to sub-section (4), may restore to
possession the party forcibly and
wrongfully dispossessed.

(b) The order made under this sub-section
shall be served and published in the
manner laid down in sub-section (3).

(7) When any party to any such proceeding
dies, the Magistrate may cause the legal
representative of the deceased party to be
made a party to the proceeding and shall
thereupon continue the inquiry, and if any
question arises as to who the legal
representative of a deceased party for the
purposes of such proceeding is, all persons
claiming to be representatives of the
deceased party shall be made parties
thereto.

(8) If the Magistrate is of opinion that any
crop or other produce of the property, the
subject of dispute in a proceeding under
this section pending before him, is subject
to speedy and natural decay, he may make
an order for the proper custody or sale of
such property, and, upon the completion of
the inquiry, shall make such order for the
disposal of such property, or the sale-
proceeds thereof, as he thinks fit.

(9) The Magistrate may, if he thinks fit, at
any stage of the proceedings under this
section, on the application of either party,
issue a summons to any witness directing
him to attend or to produce any document
or thing.

(10) Nothing in this section shall be
deemed to be in derogation of the powers
of the Magistrate to proceed under section
107.

146.Power to attach subject of dispute
and to appoint receiver.- (1) If the
Magistrate at any time after making the
order under sub-section (1) of section 145
considers the case to be one of emergency,
or if he decides that none of the parties was
then in such possession as is referred to in
section 145, or if he is unable to satisfy
himself as to which of them was then in
such possession of the subject of dispute,
he may attach the subject of dispute until a
competent Court has determined the rights
of the parties thereto with regard to the
person entitled to the possession thereof:
Provided that such Magistrate may
withdraw the attachment at any time if he
is satisfied that there is no longer any
likelihood of breach of the peace with
regard to the subject of dispute.

(2) When the Magistrate attaches the
subject of dispute, he may, if no receiver in
relation to such subject of dispute has been
appointed by any Civil Court, make such
arrangements as he considers proper for
looking after the property or if he thinks
fit, appoint a receiver thereof, who shall
have, subject to the control of the
Magistrate, all the powers of a receiver
appointed under the Code of Civil
Procedure, 1908:

Provided that in the event of a receiver
being subsequently appointed in relation to
the subject of dispute by any Civil Court,
the Magistrate-
(a) shall order the receiver appointed by
him to hand over the possession of the
subject of dispute to the receiver appointed
by the Civil Court and shall thereafter
discharge the receiver appointed by him;

(b) may make such other incidental or
consequential orders as may be just.

147.Dispute concerning right of use of
land or water.- (1) Whenever an
Executive Magistrate is satisfied from the
report of a police officer or upon other
information, that a dispute likely to cause a
breach of the peace exists regarding any
alleged right of user of any land or water
within his local jurisdiction, whether such
right be claimed as an easement or
otherwise, he shall make an order in
writing, stating the grounds of his being so
satisfied and requiring the parties
concerned in such dispute to attend his
Court in person or by pleader on a
specified date and time and to put in
written statements of their respective
claims.

Explanation.- The expression "land or
water" has the meaning given to it in sub-
section (2) of section 145.

(2) The Magistrate shall then peruse the
statements so put in, hear the parties,
receive all such evidence as may be
produced by them respectively, consider
the effect of such evidence, take such
further evidence, if any, as he thinks
necessary and, if possible, decide whether
such right exists; and the provisions of
section 145 shall, so far as may be, apply
in the case of such inquiry.

(3) If it appears to such Magistrate that
such rights exist, he may make an order
prohibiting any interference with the
exercise of such right, including, in a
proper case, an order for the removal of
any obstruction in the exercise of any such
right:

Provided that no such order shall be made
where the right is exercisable at all times
of the year, unless such right has been
exercised within three months next before
the receipt under sub-section (1) of the
report of a police officer or other
information leading to the institution of the
inquiry, or where the right is exercisable
only at particular seasons or on particular
occasions, unless the right has been
exercised during the last of such seasons or
on the last of such occasions before such
receipt.

(4) When in any proceedings commenced
under sub-section (1) of section 145 the
Magistrate finds that the dispute is as
regards an alleged right of user of land or
water, he may, after recording his reasons,
continue with the proceedings as if they
had been commenced under sub-section
(1);

and when in any proceedings commenced
under sub-section (1) the magistrate finds
that the dispute should be dealt with under
section 145, he may, after recording his
reasons, continue with the proceedings as
if they had been commenced under sub-
section (1) of section 145.

148.Local inquiry.- (1) Whenever a local
inquiry is necessary for the purposes of
section 145, section 146 or section 147, a
District Magistrate or Sub-divisional
Magistrate may depute any Magistrate
subordinate to him to make the inquiry,
and may furnish him with such written
instructions as may seem necessary for his
guidance, and may declare by whom the
whole or any part of the necessary
expenses of the inquiry shall be paid.

(2) The report of the person so deputed
may be read as evidence in the case.

(3) When any costs have been incurred by
any party to a proceeding under section
145, section 146 or section 147, the
Magistrate passing a decision may direct
by whom such costs shall be paid, whether
by such party or by any other party to the
proceeding, and whether in whole or in
part or proportion and such costs may
include any expenses incurred in respect of
witnesses and of pleaders' fees, which the
Court may consider reasonable.
174.Police to enquire and report on
suicide, etc.- (1) When the officer in
charge of a police station or some other
police officer specially empowered by the
State Government in that behalf receives
information that a person has committed
suicide, or has been killed by another or by
an animal or by machinery or by an
accident, or has died under circumstances
raising a reasonable suspicion that some
other person has committed an offence, he
shall immediately give intimation thereof
to the nearest Executive Magistrate
empowered to hold inquests, and, unless
otherwise directed by any rule prescribed
by the State Government, or by any
general or special order of the District or
Sub-divisional Magistrate, shall proceed to
the place where the body of such deceased
person is, and there, in the presence of two
or more respectable inhabitants of the
neighbourhood, shall make an
investigation, and draw up a report of the
apparent cause of death, describing such
wounds, fractures, bruises, and other
marks of injury as may be found on the
body, and stating in what manner, or by
what weapon or instrument (if any); such
marks appear to have been inflicted.
(2) The report shall be signed by such
police officer and other persons, or by so
many of them as concur therein, and shall
be forthwith forwarded to the District
Magistrate or the Sub-divisional
Magistrate.

(3) When there is any doubt regarding the
cause of death, or when for any other
reason the police officer considers it
expedient so to do, he shall, subject to such
rules as the State Government may
prescribe in this behalf, forward the body,
with a view to its being examined, to the
nearest Civil Surgeon, or other qualified
medical man appointed in this behalf by
the State Government, if the state of the
weather and the distance admit of its being
so forwarded without risk of such
putrefaction on the road as would render
such examination useless.

(4) The following Magistrates are
empowered to hold inquests, namely, any
District Magistrate or Sub-divisional
Magistrate and any other Executive
Magistrate specially empowered in this
behalf by the State Government or the
District Magistrate.

175.Power to summon persons.- (1) A
police officer proceeding under section
174 may, by order in writing, summon two
or more persons as aforesaid for the
purpose of the said investigation, and any
other person who appears to be acquainted
with the facts of the case and every person
so summoned shall be bound to attend and
to answer truly all questions other than
questions the answers to which would have
a tendency to expose him to a criminal
charge or to a penalty or forfeiture.

(2) If the facts do not disclose a cognizable
offence to which section 170 applies, such
persons shall not be required by the police
officer to attend a Magistrate's Court.

176.Inquiry by Magistrate into cause of
death.- (1) When any person dies while in
the custody of the police, the nearest
Magistrate empowered to hold inquests
shall, and in any other case mentioned in
sub-section (1) of section 174, any
Magistrate so empowered may hold an
inquiry into the cause of death either
instead of, or in addition to, the
investigation held by the police officer;
and if he does so, he shall have all the
powers in conducting it which he would
have in holding an inquiry into an offence.

(2) The Magistrate holding such an inquiry
shall record the evidence taken by him in
connection therewith in any manner
hereinafter prescribed according to the
circumstances of the case.

(3) Whenever such Magistrate considers it
expedient to make an examination of the
dead body of any person who has been
already interred, in order to discover the
cause of his death, the Magistrate may
cause the body to be disinterested and
examined.

(4) Where an inquiry is to be held under
this section, the Magistrate shall, wherever
practicable, inform the relatives of the
deceased whose names and addresses are
known, and shall allow them to remain
present at the inquiry.

Explanation.- In this section, the
expression "relative" means parents,
children, brothers, sisters and spouse.

196.Prosecution for offences against the
State and for criminal conspiracy to
commit such offence.- (1) No Court shall
take cognizance of -
(a) any offence punishable under Chapter
VI or under section 153A, section 153B,
section 295A or section 505 of the Indian
Penal Code, (45 of 1860) or

(b) a criminal conspiracy to commit such
offence, or

(c)any such abetment, as is described in
section 108A of the Indian Penal Code,
(45 of 1860)

except with the previous sanction of the
Central Government or of the State
Government.

(2) No Court shall take cognizance of the
offence of any criminal conspiracy
punishable under section 120B of the
Indian Penal Code, (45 of 1860) other than
a criminal conspiracy to commit a
cognizable offence punishable with death,
imprisonment for life or rigorous
imprisonment for a term of two years or
upwards, unless the State Government or
the District Magistrate has consented in
writing to the initiation of the proceedings:

Provided that where the criminal
conspiracy is one to which the provisions
of section 195 apply, no such consent shall
be necessary.

(3) The Central Government or the State
Government may, before according
sanction under sub-section (1) and the
State Government or the District
Magistrate may, before giving consent
under sub-section (2), order a preliminary
investigation by a police officer not being
below the rank of Inspector, in which case
such police officer shall have the powers
referred to in sub-section (3) of section
155.
365. Court of Session to send copy of
finding and sentence to District
Magistrate:- In cases tried by the Court of
Session or a Chief Judicial Magistrate, the
Court or such Magistrate, as the case may
be, shall forward a copy of its or his
finding and sentence (if any) to the District
Magistrate within whose local jurisdiction
the trial was held.


CrPC ON EXECUTIVE
MAGISTRATE

3(4) Where, under any law, other than this
Code, the function exercisable by a
Magistrate relate to matters-

(a) which involve the appreciation or
sifting of evidence or the formulation of
any decision which exposes any person to
any punishment or penalty or detention in
custody pending investigation, inquiry or
trial or would have the effect of sending
him for trial before any Court,they shall,
subject to the provisions of this Code, be
exercisable by a Judicial Magistrate; or

(b) which are administrative or executive
in nature, such as, the granting of a licence,
the suspension or cancellation of a licence,
sanctioning a prosecution or withdrawing
from a prosecution, they shall, subject as
aforesaid, be exercisable by an Executive
Magistrate.

6.Classes of Criminal Courts.- Besides
the High Courts and the Courts constituted
under any law, other than this Code, there
shall be, in every State, the following
classes of Criminal Courts, namely:-

(i) Courts of Session;

(ii) Judicial Magistrates of the first class
and, in any metropolitan area,
Metropolitan Magistrates;

(iii) Judicial Magistrates of the second
class; and

(iv) Executive Magistrates.

20.Executive Magistrates.-(1) In every
district and in every metropolitan area, the
State Government may appoint as many
persons as it thinks fit to be Executive
Magistrates and shall appoint one of them
to be the District Magistrate.

(2) The State Government may appoint
any Executive Magistrate to be an
Additional district Magistrate, and such
Magistrate shall have all or any of the
powers of a District Magistrate under this
Code or under any other law for the time
being in force.

(3) Whenever, in consequence of the office
of a District Magistrate becoming vacant,
any officer succeeds temporarily to the
executive administration of the district,
such officer shall, pending the orders of
the State Government, exercise all the
powers and perform all the duties
respectively conferred and imposed by this
Code on the District Magistrate.

(4) The State Government may place an
Executive Magistrate in charge of a sub-
division and may relieve him of the charge
as occasion requires; and the Magistrate so
placed in charge of a sub-division shall be
called the Sub-divisional Magistrate.

(5) Nothing in this section shall preclude
the State Government from conferring,
under any law for the time being in force,
on a Commissioner of Police, all or any of
the powers of an Executive Magistrate in
relation to a metropolitan area.
21.Special Executive Magistrates.- The
State Government may appoint, for such
term as it may think fit, Executive
Magistrates, to be known as Special
Executive Magistrates for particular areas
or for the performance of particular
functions and confer on such Special
Executive Magistrates such of the powers
as are conferrable under this Code on
Executive Magistrates, as it may deem fit.

22.Local jurisdiction of Executive
Magistrates.- (1) Subject to the control of
the State Government, the District
Magistrate may, from time to time, define
the local limits of the areas within which
the Executive Magistrates may exercise all
or any of the powers with which they may
be invested under this Code.

(2) Except as otherwise provided by such
definition, the jurisdiction and powers of
every such Magistrate shall extend
throughout the district.

23.Subordination of Executive
Magistrates.- (1) All Executive
Magistrates, other than the Additional
District Magistrate, shall be subordinate to
the District Magistrate, and every
Executive Magistrate (other than the Sub-
divisional Magistrate) exercising powers in
a sub-division shall also be subordinate to
the Sub-divisional Magistrate, subject,
however, to the general control of the
District Magistrate.

(2) The District Magistrate may, from time
to time, make rules or give special orders,
consistent with this Code, as to the
distribution of business among the
Executive Magistrates subordinate to him
and as to the allocation of business to an
Additional District Magistrate.
44.Arrest by Magistrate.- (1) When any
offence is committed in the presence of a
Magistrate, whether Executive or Judicial,
within his local jurisdiction, he may
himself arrest or order any person to arrest
the offender, and may thereupon, subject
to the provisions herein contained as to
bail, commit the offender to custody.

(2) Any Magistrate, whether Executive or
Judicial, may at any time arrest or direct
the arrest, in his presence, within his local
jurisdiction, of any person for whose arrest
he is competent at the time and in the
circumstances to issue a warrant.

78.Warrant forwarded for execution
outside jurisdiction.- (1) When a warrant
is to be executed outside the local
jurisdiction of the Court issuing it, such
Court may, instead of directing the warrant
to a police officer within its jurisdiction,
forward it by post or otherwise to any
Executive Magistrate or District
Superintendent of Police or Commissioner
of Police within the local limits of whose
jurisdiction it is to be executed; and the
Executive Magistrate or District
Superintendent or Commissioner shall
endorse his name thereon, and if
practicable, cause it to be executed in the
manner herein before provided.
(2) The Court issuing a warrant under sub-
section (1) shall forward, along with the
warrant, the substance of the information
against the person to be arrested together
with such documents, if any, as may be
sufficient to enable the Court acting under
section 81 to decide whether bail should or
should not be granted to the person.

79.Warrant directed to police officer for
execution outside jurisdiction.- (1) When
a warrant directed to a police officer is to
be executed beyond the local jurisdiction
of the Court issuing the same, he shall
ordinarily take it for endorsement either to
an Executive Magistrate or to a police
officer not below the rank of an officer in
charge of a police station, within the local
limits of whose jurisdiction the warrant is
to be executed.

(2) Such Magistrate or police officer shall
endorse his name thereon and such
endorsement shall be sufficient authority to
the police officer to whom the warrant is
directed to execute the same, and the local
police shall, if so required, assist such
officer in executing such warrant.

(3)Whenever there is reason to believe that
the delay occasioned by obtaining the
endorsement of the Magistrate or police
officer within whose local jurisdiction the
warrant is to be executed will prevent such
execution, the police officer to whom it is
directed may execute the same without
such endorsement in any place beyond the
local jurisdiction of the Court which issued
it.

80.Procedure on arrest of person against
whom warrant issued.- When a warrant
of arrest is executed outside the district in
which it was issued, the person arrested
shall, unless the Court which issued the
warrant is within thirty kilometres of the
place of arrest or is nearer than the
Executive Magistrate or District
Superintendent of Police or Commissioner
of Police within the local limits of whose
jurisdiction the arrest was made, or unless
security is taken under section 71, be taken
before such Magistrate or District
Superintendent or Commissioner.

81.Procedure by Magistrate before
whom such person arrested is brought.-
(1) The Executive Magistrate or District
Superintendent of Police or Commissioner
of Police shall, if the person arrested
appears to be the person intended by the
Court which issued the warrant, direct his
removal in custody to such Court:

Provided that, if the offence is bailable,
and such person is already and willing to
give bail to the satisfaction of such
Magistrate, District Superintendent or
Commissioner, or a direction has been
endorsed under section 71 on the warrant
and such person is ready and willing to
give the security required by such
direction, the Magistrate, District
Superintendent or Commissioner shall take
such bail or security, as the case may be,
and forward the bond, to the Court which
issued the warrant:

Provided further that if the offence is a
non-bailable one, it shall be lawful for the
Chief Judicial Magistrate (subject to the
provisions of section 437), or the Sessions
Judge, of the district in which the arrest is
made on consideration of the information
and the documents referred to in sub-
section (2) of section 78, to release such
person on bail.

(2) Nothing in this section shall be deemed
to prevent a police officer from taking
security under section 71.
107.Security for keeping the peace in
other cases.- (1) When an Executive
Magistrate receives information that any
person is likely to commit a breach of the
peace or disturb the public tranquillity or
to do any wrongful act that may probably
occasion a breach of the peace or disturb
the public tranquillity and is of opinion
that there is sufficient ground for
proceeding, he may, in the manner
hereinafter provided, require such person
to show cause why he should not be
ordered to execute a bond, for keeping the
peace for such period, not exceeding one
year, as the Magistrate thinks fit.
(2) Proceeding under this section may be
taken before any Executive Magistrate
when either the place where the breach of
the peace or disturbance is apprehended is
within his local jurisdiction or there is
within such jurisdiction a person who is
likely to commit a breach of the peace or
disturb the public tranquillity or to do any
wrongful act as aforesaid beyond such
jurisdiction.

108.Security for good behaviour from
persons disseminating seditious
matters.- (1) When an Executive
Magistrate receives information that there
is within his local jurisdiction any person
who, within or without such jurisdiction, -

(i) either orally or in writing or in any
other manner, intentionally disseminates or
attempts to disseminate or abets the
dissemination of, -
(a) any matter the publication of which is
punishable under section 124A or section
153A or section 153B or section 295A of
the Indian Penal Code, (45 of 1860) or

(b) any matter concerning a Judge acting
or purporting to act in the discharge of his
official duties which amounts to criminal
intimidation or defamation under the
Indian Penal Code, (45 of 1860).

(ii)makes, produces, publishes or keeps for
sale, imports, exports, conveys, sells, lets
to hire, distributes, publicly exhibits or in
any other manner puts into circulation any
obscene matter such as is referred to in
section 292 of the Indian Penal Code, (45
of 1860)
(ii) and the Magistrate is of opinion that
there is sufficient ground for proceeding,
the Magistrate may, in the manner
hereinafter provided, require such person
to show cause why he should not be
ordered to execute a bond, with or without
sureties, for his good behaviour for such
period, not exceeding one year, as the
Magistrate thinks fit.

(2) No proceedings shall be taken under
this section against the editor, proprietor,
printer or publisher of any publication
registered under, and edited, printed and
published in conformity with, the rules laid
down in the Press and Registration of
Books Act, 1867, (25 of 1867) with
reference to any matter contained in such
publication except by the order or under
the authority of the State Government or
some officer empowered by the State
Government in this behalf.

109.Security for good behaviour from
suspected persons.- When an Executive
MAgistratereceives information that there
is within his local jurisdiction a person
taking precautions to conceal his presence
and that there is reason to believe that he is
doing so with a view to committing a
cognizable offence, the Magistrate may, in
the manner hereinafter provided, require
such person to show cause why he should
no the ordered to execute a bond, with or
without sureties, for his good behaviour for
such period, not exceeding one year, as the
Magistrate thinks fit.

110.Security for good behaviour from
habitual offenders.- When an Executive
MAgistratereceives information that there
is within his local jurisdiction a person
who -

(a) is by habit a robber, house-breaker,
thief, or forger, or

(b) is by habit a receiver of stolen property
knowing the same to have been stolen, or
(c) habitually protects or harbours thieves,
or aids in the concealment or disposal of
stolen property, or

(d) habitually commits, or attempts to
commit, or abets the commission of, the
offence of kidnapping, abduction,
extortion, cheating or mischief, or any
offence punishable under Chapter XII of
the Indian Penal Code, (45 of 1860) or
under section 489A, section 489B, section
489C or section 489D of that Code, or
(e) habitually commits, or attempts to
commit, or abets the commission of,
offences, involving a breach of the peace,
or

(f) habitually commits, or attempts to
commit, or abets the commission of -

(i) any offence under one or more of the
following Acts, namely:-
(a) the Drugs and Cosmetics Act, 1940 (23
of 1940);

(b) the Foreign Exchange Regulation Act,
1973 (7 of 1973);

(c) the Employees' Provident Funds and
Family Pension Fund Act, 1952 (19 of
1952);

(d) the Prevention of Food Adulteration
Act, 1954 (37 of 1954);

(e) the Essential Commodities Act,
1955(10 of 1955);

(f) the Untouchability (Offences ) Act,
1955 (22 of 1955);

(g) the Customs Act, 1962 (52 of 1962); or

(ii) any offence punishable under any other
law providing for the prevention of
hoarding or profiteering or of adulteration
of food or drugs or of corruption, or

(g) is so desperate and dangerous as to
render his being at large without security
hazardous to the community,

such Magistrate may, in the manner
hereinafter provided, require such person
to show cause why he should not be
ordered to execute a bond, with sureties,
for his good behaviour for such period, not
exceeding three years, as the Magistrate
thinks fit.

111.Order to be made.- When a
Magistrate acting under section 107,
section 108, section 109 or section 110,
deems it necessary to require any person to
show cause under such section, he shall
make an order in writing, setting forth the
substance of the information received, the
amount of the bond to be executed, the
term for which it is to be in force, and the
number, character and class of sureties (if
any) required.

112.Procedure in respect of person in
Court.- If the person in respect of whom
such order is made is present in Court, it
shall be read over to him, or, if he so
desires, the substance thereof shall be
explained to him.

113.Summons or warrant in case of
person not so present.- If such person is
not present in Court, the Magistrate shall
issue a summons requiring him to appear,
or, when such person is in custody, a
warrant directing the officer in whose
custody he is to bring him before the
Court;

Provided that whenever it appears to such
Magistrate, upon the report of a police
officer or upon other information (the
substance of which report or information
shall be recorded by the Magistrate), that
there is reason to fear the commission of a
breach of the peace, and that such breach
of the peace cannot be prevented otherwise
than by the immediate arrest of such
person, the Magistrate may at any time
issue a warrant for his arrest.

114.Copy of order to accompany
summons or warrant.- Every summons
or warrant issued under section 113, shall
be accompanied by a copy of the order
made under section 111, and such copy
shall be delivered by the officer serving or
executing such summons or warrant to the
person served with, or arrested under, the
same.

115.Power to dispense with personal
attendance.- The Magistrate may, if he
sees sufficient cause, dispense with the
personal attendance of any person called
upon to show cause why he should not be
ordered to execute a bond for keeping the
peace or for good behaviour and may
permit him to appear by a pleader.

116.Inquiry as to truth of information.-
(1) When an order under section 111 has
been read or explained under section 112
to a person present in Court, or when any
person appears or is brought before a
Magistrate in compliance with, or in
execution of, a summons or warrant,
issued under section 113, the Magistrate
shall proceed to inquire into the truth of
the information upon which action has
been taken, and to take such further
evidence as may appear necessary.

(2) Such inquiry shall be made, as nearly
as may be practicable, in the manner
hereinafter prescribed for conducting trial
and recording evidence in summons-cases.
(3) After the commencement, and before
the completion, of the inquiry under sub-
section (1), the Magistrate, if he considers
that immediate measures are necessary for
the prevention of a breach of the peace or
disturbance of the public tranquillity or the
commission of any offence or for the
public safety, may, for reasons to be
recorded in writing, direct the person in
respect of whom the order under section
111 has been made to execute a bond, with
or without sureties, for keeping the peace
or maintaining good behaviour until the
conclusion of the inquiry, and may detail
him in custody until such bond is executed
or, in default of execution, until the inquiry
is concluded:

Provided that-

(a) no person against whom proceedings
are not being taken under section 108,
section 109, or section 110 shall be
directed to execute a bond for maintaining
good behaviour;

(b) the conditions of such bond, whether as
to the amount thereof or as to the provision
of sureties or the number thereof or the
pecuniary extent of their liability, shall not
be more onerous than those specified in the
order under section 111.

(4) For the purpose of this section the fact
that a person is an habitual offender or is
so desperate and dangerous as to render his
being at large without security hazardous
to the community may be proved by
evidence of general repute or otherwise.

(5) Where two or more persons have been
associated together in the matter under
inquiry, they may be dealt with in the same
or separate inquiries as the Magistrate shall
think just.
(6) The inquiry under this section shall be
completed within a period of six months
from the date of its commencement, and if
such inquiry is not so completed, the
proceedings under this Chapter shall on the
expiry of the said period, stand terminated
unless, for special reasons to be recorded
in writing, the Magistrate otherwise
directs:

Provided that where any person has been
kept in detention pending such inquiry, the
proceeding against that person, unless
terminated earlier, shall stand terminated
on the expiry of a period of six months of
such detention.

(7) Where any direction is made under
sub-section (6) permitting the continuance
of proceedings, the Sessions Judge may,
on an application made to him by the
aggrieved party, vacate such direction if he
is satisfied that it was not based on any
special reason or was perverse.

117.Order to give security.- If, upon such
inquiry, it is proved that it is necessary for
keeping the peace or maintaining good
behaviour, as the case may be, that the
person in respect of whom the inquiry is
made should execute a bond, with or
without sureties, the Magistrate shall make
an order accordingly:

Provided that-

(a) no person shall be ordered to give
security of a nature different from, or of an
amount large than, or for a period longer
than, that specified in the order made
under section 111;

(b) the amount of every bond shall be fixed
with due regard to the circumstances of the
case and shall not be excessive;
(c) when the person in respect of whom the
inquiry is made is a minor, the bond shall
be executed only by his sureties.

118.Discharge of person informed
against.- If, on an inquiry under section
116, it is not proved that it is necessary for
keeping the peace or maintaining good
behaviour, as the case may be, that the
person in respect of whom the inquiry is
made, should execute a bond, the
Magistrate shall make an entry on the
record to that effect, and if such person is
in custody only for the purposes of the
inquiry, shall release him, or, if such
person is not in custody, shall discharge
him.

119.Commencement of period for which
security is required.-(1) If any person, in
respect of whom an order requiring
security is made under section 106 or
section 117, is, at the time such order is
made, sentenced to, or undergoing a
sentence of, imprisonment, the period for
which such security is required shall
commence on the expiration of such
sentence.

(2) In other cases such period shall
commence on the date of such order unless
the Magistrate, for sufficient reason, fixes
a later date.

120.Contents of bond.-The bond to be
executed by any such person shall bind
him to keep the peace or to be of good
behaviour, as the case may be, and in the
latter case the commission or attempt to
commit, or the abetment of, any offence
punishable with imprisonment, wherever it
may be committed, is a breach of the bond.

121.Power to reject sureties.- (1) A
Magistrate may refuse to accept any surety
offered, or may reject any surety
previously accepted by him or his
predecessor under this Chapter on the
ground that such surety is an unfit person
for the purposes of the bond:

Provided that, before so refusing to accept
or rejecting any such surety, he shall either
himself hold an inquiry on oath into the
fitness of the surety, or cause such inquiry
to be held and a report to be made thereon
by a Magistrate subordinate to him.

(2) Such Magistrate shall, before holding
the inquiry, give reasonable notice to the
surety and to the person by whom the
surety was offered and shall, in making the
inquiry, record the substance of the
evidence adduced before him.

(3) If the Magistrate is satisfied, after
considering the evidence so adduced either
before him or before a Magistrate deputed
under sub-section (1), and the report of
such Magistrate (if any), that the surety is
an unfit person for the purposes of the
bond, he shall make an order refusing to
accept or rejecting, as the case may be,
such surety and recording his reasons for
so doing:

Provided that, before making an order
rejecting any surety who has previously
been accepted, the Magistrate shall issue
his summons or warrant, as he thinks fit,
and cause the person for whom the surety
is bound to appear or to be brought before
him.

122.Imprisonment in default of
security.-(1) (a) If any person ordered to
give security under section 106 or section
117 does not give such security on or
before the date on which the period for
which such security is to be given
commences, he shall, except in the case
next hereinafter mentioned, be committed
to prison, or, if he is already in prison, be
detained in prison until such period expires
or until within such period he gives the
security to the Court or Magistrate who
made the order requiring it.

(b) If any person after having executed a
bond without sureties for keeping the
peace in pursuance of an order of a
Magistrate under section 117, is proved, to
the satisfaction of such Magistrate or his
successor-in-office, to have committed
breach of the bond, such Magistrate or
successor-in-office may, after recording
the grounds of such proof, order that the
person be arrested and detained in prison
until the expiry of the period of the bond
and such order shall be without prejudice
to any other punishment or forfeiture to
which the said person may be liable in
accordance with law.

(2) When such person has been ordered by
a Magistrate to give security for a period
exceeding one year, such Magistrate shall,
if such person does not give such security
as aforesaid, issue a warrant directing him
to be detained in prison pending the orders
of the Sessions Judge and the proceedings
shall be laid, as soon as conveniently may
be, before such Court.

(3) Such Court, after examining such
proceedings and requiring from the
Magistrate any further information or
evidence which it thinks necessary, and
after giving the concerned person a
reasonable opportunity of being heard,
may pass such order on the case as it
thinks fit:

Provided that the period (if any) for which
any person is imprisoned for failure to give
security shall not exceed three years.

(4) If security has been required in the
course of the same proceeding from two or
more persons in respect of any one of
whom the proceedings are referred to the
Sessions Judge under sub-section (2), such
reference shall also include the case of any
other of such persons who has been
ordered to give security, and the provisions
of sub-sections (2) and (3) shall, in that
event, apply to the case of such other
person also, except that the period (if any)
for which he may be imprisoned shall not
exceed the period for which he was
ordered to give security.

(5) A Sessions Judge may in his discretion
transfer any proceedings laid before him
under sub-section (2) or sub-section (4) to
an Additional Sessions Judge or Assistant
Sessions Judge and upon such transfer,
such Additional Sessions Judge or
Assistant Sessions Judge may exercise the
powers of a Sessions Judge under this
section in respect of such proceedings.
(6) If the security is tendered to the officer
in charge of the jail, he shall forthwith
refer the matter to the Court or Magistrate
who made the order, and shall await the
orders of such Court or Magistrate.

(7) Imprisonment for failure to give
security for keeping the peace shall be
simple.

(8) Imprisonment for failure to give
security for good behaviour shall, where
the proceedings have been taken under
section 108, be simple, and, where the
proceedings have been taken under section
109 or section 110, be rigorous or simple
as the Court or Magistrate in each case
directs.

123.Power to release persons imprisoned
for failing to give security.- (1) Whenever
the Chief Judicial Magistrate is of opinion
that any person imprisoned for failing to
give security under this Chapter may be
released without hazard to the community
or to any other person, he may order such
person to be discharged.

(2) Whenever any person has been
imprisoned for failing to give security
under this Chapter, the High Court or
Court of Session, or, where the order was
made by any other Court, the Chief
Judicial Magistrate, may make an order
reducing the amount of the security or the
number of sureties or the time for which
security has been required.

(3) An order under sub-section (1) may
direct the discharge of such person either
without conditions or upon any conditions
which such person accepts:

Provided that any condition imposed shall
cease to be operative when the period for
which such person was ordered to give
security has expired.

(4) The State Government may prescribe
the conditions upon which a conditional
discharge may be made.

(5) If any condition upon which any person
has been discharged it, in the opinion of
the Chief Judicial Magistrate by whom the
order of discharge was made or of his
successor, not fulfilled, he may cancel the
same.

(6) When a conditional order of discharge
has been cancelled under sub-section (5),
such person may be arrested by any police
officer without warrant, and shall
thereupon be produced before the Chief
Judicial Magistrate.

(7) Unless such person gives security in
accordance with the terms of the original
order for the unexpired portion of the term
for which he was in the first instance
committed or ordered to be detained (such
portion being deemed to be a period equal
to the period between the date of the
breach of the conditions of discharge and
the date on which, except for such
conditional discharge, he would have been
entitled to release), the Chief Judicial
Magistrate may remand such person to
prison to undergo such unexpired portion.

(8) A person remanded to prison under
sub-section (7) shall, subject to the
provisions of section 122, be released at
any time on giving security in accordance
with the terms of the original order for the
unexpired portion aforesaid to the Court or
Magistrate by whom such order was made,
or to its or his successor.

(9) The High Court or Court of Session
may at any time, for sufficient reasons to
be recorded in writing, cancel any bond for
keeping the peace or for good behaviour
executed under this Chapter by any order
made by it, and the Chief Judicial
Magistrate may make such cancellation
where such bond was executed under his
order or under the order of any other Court
in his direct.

(10) Any surety for the peaceable conduct
or good behaviour of another person
ordered to execute a bond under this
Chapter may at any time apply to the Court
making such order to cancel the bond and
on such application being made, the Court
shall issue a summons or warrant, as it
thinks fit, requiring the person for whom
such surety is bound to appear or to be
brought before it.

124.Security for unexpired period of
bond.-(1) When a person for whose
appearance a summons or warrant has
been issued under the proviso to sub-
section (3) of section 121 or under sub-
section (10) of section 123, appears or is
brought before the Magistrate or Court, the
Magistrate or Court shall cancel the bond
executed by such person and shall order
such person to give, for the unexpired
portion of the term of such bond, fresh
security of the same description as the
original security.

(2) Every such order shall, for the purposes
of sections 120 to 123 (both inclusive), be
deemed to be an order made under section
106 or section 117, as the case may be.

A.- Unlawful assemblies

129.Dispersal of assembly by use of civil
force.- (1) Any Executive Magistrate or
officer incharge of a police station or, in
the absence of such officer incharge, any
police officer, not below the rank of a sub-
inspector, may command any unlawful
assembly, or any assembly of five or more
persons likely to cause a disturbance of the
public peace, to disperse; and it shall
thereupon be the duty of the members of
such assembly to disperse accordingly.

(2) If, upon being so commanded, any such
assembly does not disperse, or if, without
being so commanded, it conducts itself in
such a manner as to show a determination
not to disperse, any Executive Magistrate
or police officer referred to in sub-section
(1), may proceed to disperse such
assembly by force, and may require the
assistance of any male person, not being an
officer or member of the armed forces and
acting as such, for the purpose of
dispersing such assembly, and, if
necessary, arresting and confining the
persons who form part of it, in order to
disperse such assembly or that they may be
punished according to law.
130.Use of armed forces to disperse
assembly.- (1) If any such assembly
cannot be otherwise dispersed, and if it is
necessary for the public security that it
should be dispersed, the Executive
Magistrate of the highest rank who is
present may cause it to be dispersed by the
armed forces.

(2) Such Magistrate may require any
officer in command of any group of
persons belonging to the armed forces to
disperse the assembly with the help of the
armed forces under his command, and to
arrest and confine such persons forming
part of it as the Magistrate may direct, or
as it may be necessary to arrest and
confine in order to disperse the assembly
or to have them punished according to law.

(3) Every such officer of the armed forces
shall obey such requisition in such manner
as he thinks fit, but in so doing he shall use
as little force, and do as little injury to
person and property, as may be consistent
with dispersing the assembly and arresting
and detaining such persons.

131.Power of certain armed force
officers to disperse assembly.-When the
public security is manifestly endangered
by any such assembly and no Executive
Magistrate can be communicated with, any
commissioned or gazetted officer of the
armed forces may disperse such assembly
with the help of the armed forces under his
command, and may arrest and confine any
persons forming part of it, in order to
disperse such assembly or that they may be
punished according to law; but if, while he
is acting under this section, it becomes
practicable for him to communicate with
an Executive Magistrate, he shall do so,
and shall thenceforward obey the
instructions of the Magistrate, as to
whether he shall or shall not continue such
action.

132.Protection against prosecution for
acts done under preceding sections.-
(1)No prosecution against any person for
any act purporting to be done under section
129, section 130 or section 131 shall be
instituted in any Criminal Court except -

(a) with the sanction of the Central
Government where such person is an
officer or member of the armed forces;

(b) with the sanction of the State
Government in any other case.

(2) (a) No Executive Magistrate or police
officer acting under any of the said
sections in good faith;

(b) no person doing any act in good faith in
compliance with a requisition under
section 129 or section 130;

(c) no officer of the armed forces acting
under section 131 in good faith;

(d) no member of the armed forces doing
any act in obedience to any order which he
was bound to obey,
shall be deed to have thereby committed an
offence.

(3) In this section and in the preceding
sections of this Chapter, -

(a) the expression "armed forces" means
the military, naval and air forces, operating
as land forces and includes any other
Armed Forces of the Union so operating;

(b)"officer", in relation to the armed
forces, means a person commissioned,
gazetted or in pay as an officer of the
armed forces and includes a junior
commissioned officer, a warrant officer, a
petty officer, a non-commissioned officer
and a non-gazetted officer;

(c)"member", in relation to the armed
forces, means a person in the armed forces
other than an officer.

B.- Public nuisances

133.Conditional order for removal of
nuisance.- (1) Whenever a District
Magistrate or a Sub-divisional Magistrate
or any other Executive Magistrate
specially empowered in this behalf by the
State Government, on receiving the report
of a police officer or other information and
on taking such evidence (if any) as he
thinks fit, considers -

(a) that any unlawful obstruction or
nuisance should be removed from any
public place or from any way, river or
channel which is or may be lawfully used
by the public; or

(b) that the conduct of any trade or
occupation, or the keeping of any goods or
merchandise, is injurious to the health or
physical comfort of the community , and
that in consequence such trade or
occupation should be prohibited or
regulated or such goods or merchandise
should be removed or the keeping thereof
regulated; or

(c) that the construction of any building,
or, the disposal of any substance , as is
likely to occasion conflagration or
explosion, should be prevented or stopped;
or

(d) that any building, tent or structure, or
any tree is in such a condition that it is
likely to fall and thereby cause injury to
persons living or carrying on business in
the neighbourhood or passing by, and that
in consequence the removal, repair or
support of such building, tent or structure,
or the removal or support of such tree, is
necessary; or

(e) that any tank, well or excavation
adjacent to any such way or public place
should be fenced in such manner as to
prevent danger arising to the public; or

(f) that any dangerous animal should be
destroyed, confined or otherwise disposed
of,

such Magistrate may make a conditional
order requiring the person causing such
obstruction or nuisance, or carrying on
such trade or occupation, or keeping any
such goods or merchandise, or owning,
possessing or controlling such building,
tent, structure, substance, tank, well or
excavation, or owning or possessing such
animal or tree, within a time to be fixed in
the order-

(i) to remove such obstruction or nuisance;
or

(ii) to desist from carrying on, or to
remove or regulate in such manner as may
be directed, such trade or occupation, or to
remove such goods or merchandise, or to
regulate the keeping thereof in such
manner as may be directed; or

(iii) to prevent or stop the construction of
such building, or to alter the disposal of
such substance; or

(iv) to remove, repair or support such
building, tent or structure, or to remove or
support such trees; or

(v) to fence such tank, well or excavation;
or
(vi) to destroy, confine or dispose of such
dangerous animal in the manner provided
in the said order;

or, if he objects so to do, to appear before
himself or some other Executive
Magistrate subordinate to him at a time
and place to be fixed by the order, and
show cause, in the manner hereinafter
provided, why the order should not be
made absolute.

(2) No order duly made by a Magistrate
under this section shall be called in
question in any Civil Court.

Explanation.- A "public place" includes
also property belonging to the State,
camping grounds and left unoccupied for
sanitary or recreative purposes.

134.Service or notification of order.-
(1)The order shall, if practicable, be served
on the person against whom it is made, in
the manner herein provided for service of a
summons.

(2) If such order cannot be so served, it
shall be notified by proclamation,
published in such manner as the State
Government may, by rules, direct, and a
copy thereof shall be stuck up at such
place or places as may be fittest for
conveying the information to such person.

135.Person to whom order is addressed
to obey or show cause.-The person
against whom such order is made shall -

(a) perform, within the time and in the
manner specified in the order, the act
directed thereby; or

(b) appear in accordance with such order
and show cause against the same.
136.Consequences of his failing to do
so.- If such person does not perform such
act or appear and show cause, he shall be
liable to the penalty prescribed in that
behalf in section 188 of the Indian Penal
Code, (45 of 1860)and the order shall be
made absolute.

137.Procedure where existence of public
right is denied.- (1) Where an order is
made under section 133 for the purpose of
preventing obstruction, nuisance or danger
to the public in the use of any way, river,
channel or place, the Magistrate shall, on
the appearance before him of the person
against whom the order was made,
question him as to whether he denies the
existence of any public right in respect of
the way, river, channel or place, and if he
does so, the Magistrate shall, before
proceeding under section 138, inquire into
the matter.
(2) If in such inquiry the Magistrate finds
that there is any reliable evidence in
support of such denial, he shall stay the
proceedings until the matter of the
existence of such right has been decided by
a competent Court; and, if he finds that
there is no such evidence, he shall proceed
as laid down in section 138.

(3) A person who has, on being questioned
by the Magistrate under sub-section (1),
failed to deny the existence of a public
right of the nature therein referred to, or
who, having made such denial, has failed
to adduce reliable evidence in support
thereof, shall not in the subsequent
proceedings be permitted to make any such
denial.

138.Procedure where he appears to
show cause.- (1) If the person against
whom an order under section 133 is made
appears and shows cause against the order,
the Magistrate shall take evidence in the
matter as in a summons-case.

(2) If the Magistrate is satisfied that the
order, either as originally made or subject
to such modification as he considers
necessary, is reasonable and proper, the
order shall be made absolute without
modification or, as the case may be, with
such modification.

(3) If the Magistrate is not so satisfied, no
further proceedings shall be taken in the
case.

139.Power of Magistrate to direct local
investigation and examination of an
expert.- The Magistrate may, for the
purposes of an inquiry under section 137
or section 138-

(a) direct a local investigation to be made
by such person as he thinks fit; or

(b) summon and examine an expert.

140.Power of Magistrate to furnish
written instructions, etc.- (1) Where the
Magistrate directs a local investigation by
any person under section 139, the
Magistrate may -

(a) furnish such person with such written
instructions as may seem necessary for his
guidance;

(b) declare by whom the whole or any part
of the necessary expenses of the local
investigation shall be paid.

(2) The report of such person may be read
as evidence in the case.

(3) Where the Magistrate summons and
examines an expert under section 139, the
Magistrate may direct by whom the costs
of such summoning and examination shall
be paid.

141.Procedure on order being made
absolute and consequences of
disobedience.- (1) When an order has been
made absolute under section 136 or section
138, the Magistrate shall give notice of the
same to the person against whom the order
was made, and shall further require him to
perform the act directed by the order
within a time to be fixed in the notice, and
inform him that, in case of disobedience,
he will be liable to the penalty provided by
section 188 of the Indian Penal Code(45 of
1860).

(2) If such act is not performed within the
time fixed, the Magistrate may cause it to
be performed, and may recover the costs of
performing it, either by the sale of any
building, goods or other property removed
by his order, or by the distress and sale of
any other movable property of such person
within or without such Magistrate's local
jurisdiction and if such other property is
without such jurisdiction, the order shall
authorise its attachment and sale when
endorsed by the Magistrate within whose
local jurisdiction the property to be
attached is found.

(3) No suit shall lie in respect of anything
done in good faith under this section.

142.Injunction pending inquiry.- (1) If a
Magistrate making an order under section
133 considers that immediate measures
should be taken to prevent imminent
danger or injury of a serious kind to the
public, he may issue such an injunction to
the person against whom the order was
made, as is required to obviate or prevent
such danger or injury pending the
determination of the matter.
(2) In default of such person forthwith
obeying such injunction, the Magistrate
may himself use, or cause to be used, such
means as he thinks fit to obviate such
danger or to prevent such injury.

(3) No suit shall lie in respect of anything
done in good faith by a Magistrate under
this section.

143.Magistrate may prohibit repetition
or continuance of public nuisance.- A
District Magistrate or Sub-divisional
Magistrate, or any other Executive
Magistrate empowered by the State
Government or the District Magistrate in
this behalf, may order any person not to
repeat or continue a public nuisance, as
defined in the Indian Penal Code, (45 of
1860) or any special or local law.

C.- Urgent cases of nuisance or
apprehended danger

144.Power to issue order in urgent cases
of nuisance or apprehended danger.- (1)
In cases where, in the opinion of a District
Magistrate, a Sub-divisional Magistrate or
any other Executive Magistrate specially
empowered by the State Government in
this behalf, there is sufficient ground for
proceeding under this section and
immediate prevention or speedy remedy is
desirable, such Magistrate may, by a
written order stating the material facts of
the case and served in the manner provided
by section 134, direct any person to abstain
from a certain act or to take certain order
with respect to certain property in his
possession or under his management, if
such Magistrate considers that such
direction is likely to prevent, or tends to
prevent, obstruction, annoyance or injury
to any person lawfully employed, or
danger to human life, health or safety, or a
disturbance of the public tranquillity, or a
riot, or an affray.

(2) An order under this section may, in
cases of emergency or in cases where the
circumstances do not admit of the serving
in due time of a notice upon the person
against whom the order is directed, be
passed ex parte.

(3) An order under this section may be
directed to a particular individual, or to
persons residing in a particular place or
area, or to the public generally when
frequenting or visiting a particular place or
area.

(4) No order under this section shall
remain in force for more than two months
from the making thereof:

Provided that, if the State Government
considers it necessary so to do for
preventing danger to human life, health or
safety or for preventing a riot or any
affray, it may, by notification, direct that
an order made by a Magistrate under this
section shall remain in force for such
further period not exceeding six months
from the date on which the order made by
the Magistrate would have, but for such
order, expired, as it may specify in the said
notification.

(5) Any Magistrate may, either on his own
motion or on the application of any person
aggrieved, rescind or alter any order made
under this section, by himself or any
Magistrate subordinate to him or by his
predecessor-in-office.

(6) The State Government may, either on
its own motion or on the application of any
person aggrieved, rescind or alter any
order made by it under the proviso to sub-
section (4).
(7) Where an application under sub-section
(5) or sub-section (6) is received, the
Magistrate, or the State Government, as
the case may be, shall afford to the
applicant an early opportunity of appearing
before him or it, either in person or by
pleader and showing cause against the
order; and if the Magistrate or the State
Government, as the case may be, rejects
the application wholly or in part, he or it
shall record in writing the reasons for so
doing.

D.- Disputes as to immovable property

145.Procedure where dispute
concerning land or water is likely to
cause breach of peace.- (1) Whenever an
Executive Magistrate is satisfied from a
report of a police or upon other
information that a dispute likely to cause a
breach of the peace exists concerning any
land or water or the boundaries thereof,
within his local jurisdiction, he shall make
an order in writing, stating the grounds of
his being so satisfied, and requiring the
parties concerned in such dispute to attend
his Court in person or by pleader on a
specified date and time, and to put in
written statements of their respective
claims as respects the fact of actual
possession of the subject of dispute.

(2) For the purposes of this section, the
expression "land or water" includes
buildings, markets, fisheries, crops or other
produce of land, and the rents or profits of
any such property.

(3) A copy of the order shall be served in
the manner provided by this Code for the
service of a summons upon such person or
persons as the Magistrate may direct, and
at least one copy shall be published by
being affixed to some conspicuous place at
or near the subject of dispute.

(4) The Magistrate shall then, without
reference to the merits or the claims of any
of the parties to a right to possess the
subject of dispute, peruse the statements so
put in, hear the parties, receive all such
evidence as may be produced by them,
take such further evidence, if any, as he
thinks necessary, and, if possible, decide
whether any and which of the parties was,
at the date of the order made by him under
sub-section (1), in possession of the
subject of dispute:

Provided that if it appears to the Magistrate
that any party has been forcibly and
wrongfully dispossessed within two
months next before the date on which the
report of a police officer or other
information was received by the
Magistrate, or after that date and before the
date of his order under sub-section (1), he
may treat the party so dispossessed as if
that party had been in possession on the
date of his order under sub-section (1).

(5) Nothing in this section shall preclude
any party so required to attend, or any
other person interested, from showing that
no such dispute as aforesaid exists or has
existed; and in such case the Magistrate
shall cancel his said order, and all further
proceedings thereon shall be stayed, but,
subject to such cancellation, the order of
the Magistrate under sub-section (1) shall
be final.

(6) (a) If the Magistrate decides that one of
the parties was, or should under the
proviso to sub-section (4) be treated as
being, in such possession of the said
subject, he shall issue an order declaring
such party to be entitled to possession
thereof until evicted therefrom in due
course of law, and forbidding all
disturbance of such possession until such
eviction; and when he proceeds under the
proviso to sub-section (4), may restore to
possession the party forcibly and
wrongfully dispossessed.

(b) The order made under this sub-section
shall be served and published in the
manner laid down in sub-section (3).

(7) When any party to any such proceeding
dies, the Magistrate may cause the legal
representative of the deceased party to be
made a party to the proceeding and shall
thereupon continue the inquiry, and if any
question arises as to who the legal
representative of a deceased party for the
purposes of such proceeding is, all persons
claiming to be representatives of the
deceased party shall be made parties
thereto.

(8) If the Magistrate is of opinion that any
crop or other produce of the property, the
subject of dispute in a proceeding under
this section pending before him, is subject
to speedy and natural decay, he may make
an order for the proper custody or sale of
such property, and, upon the completion of
the inquiry, shall make such order for the
disposal of such property, or the sale-
proceeds thereof, as he thinks fit.

(9) The Magistrate may, if he thinks fit, at
any stage of the proceedings under this
section, on the application of either party,
issue a summons to any witness directing
him to attend or to produce any document
or thing.

(10) Nothing in this section shall be
deemed to be in derogation of the powers
of the Magistrate to proceed under section
107.

146.Power to attach subject of dispute
and to appoint receiver.- (1) If the
Magistrate at any time after making the
order under sub-section (1) of section 145
considers the case to be one of emergency,
or if he decides that none of the parties was
then in such possession as is referred to in
section 145, or if he is unable to satisfy
himself as to which of them was then in
such possession of the subject of dispute,
he may attach the subject of dispute until a
competent Court has determined the rights
of the parties thereto with regard to the
person entitled to the possession thereof:

Provided that such Magistrate may
withdraw the attachment at any time if he
is satisfied that there is no longer any
likelihood of breach of the peace with
regard to the subject of dispute.

(2) When the Magistrate attaches the
subject of dispute, he may, if no receiver in
relation to such subject of dispute has been
appointed by any Civil Court, make such
arrangements as he considers proper for
looking after the property or if he thinks
fit, appoint a receiver thereof, who shall
have, subject to the control of the
Magistrate, all the powers of a receiver
appointed under the Code of Civil
Procedure, 1908:

Provided that in the event of a receiver
being subsequently appointed in relation to
the subject of dispute by any Civil Court,
the Magistrate-

(a) shall order the receiver appointed by
him to hand over the possession of the
subject of dispute to the receiver appointed
by the Civil Court and shall thereafter
discharge the receiver appointed by him;

(b) may make such other incidental or
consequential orders as may be just.
147.Dispute concerning right of use of
land or water.- (1) Whenever an
Executive Magistrate is satisfied from the
report of a police officer or upon other
information, that a dispute likely to cause a
breach of the peace exists regarding any
alleged right of user of any land or water
within his local jurisdiction, whether such
right be claimed as an easement or
otherwise, he shall make an order in
writing, stating the grounds of his being so
satisfied and requiring the parties
concerned in such dispute to attend his
Court in person or by pleader on a
specified date and time and to put in
written statements of their respective
claims.

Explanation.- The expression "land or
water" has the meaning given to it in sub-
section (2) of section 145.

(2) The Magistrate shall then peruse the
statements so put in, hear the parties,
receive all such evidence as may be
produced by them respectively, consider
the effect of such evidence, take such
further evidence, if any, as he thinks
necessary and, if possible, decide whether
such right exists; and the provisions of
section 145 shall, so far as may be, apply
in the case of such inquiry.

(3) If it appears to such Magistrate that
such rights exist, he may make an order
prohibiting any interference with the
exercise of such right, including, in a
proper case, an order for the removal of
any obstruction in the exercise of any such
right:

Provided that no such order shall be made
where the right is exercisable at all times
of the year, unless such right has been
exercised within three months next before
the receipt under sub-section (1) of the
report of a police officer or other
information leading to the institution of the
inquiry, or where the right is exercisable
only at particular seasons or on particular
occasions, unless the right has been
exercised during the last of such seasons or
on the last of such occasions before such
receipt.

(4) When in any proceedings commenced
under sub-section (1) of section 145 the
Magistrate finds that the dispute is as
regards an alleged right of user of land or
water, he may, after recording his reasons,
continue with the proceedings as if they
had been commenced under sub-section
(1);

and when in any proceedings commenced
under sub-section (1) the magistrate finds
that the dispute should be dealt with under
section 145, he may, after recording his
reasons, continue with the proceedings as
if they had been commenced under sub-
section (1) of section 145.

148.Local inquiry.- (1) Whenever a local
inquiry is necessary for the purposes of
section 145, section 146 or section 147, a
District Magistrate or Sub-divisional
Magistrate may depute any Magistrate
subordinate to him to make the inquiry,
and may furnish him with such written
instructions as may seem necessary for his
guidance, and may declare by whom the
whole or any part of the necessary
expenses of the inquiry shall be paid.

(2) The report of the person so deputed
may be read as evidence in the case.

(3) When any costs have been incurred by
any party to a proceeding under section
145, section 146 or section 147, the
Magistrate passing a decision may direct
by whom such costs shall be paid, whether
by such party or by any other party to the
proceeding, and whether in whole or in
part or proportion and such costs may
include any expenses incurred in respect of
witnesses and of pleaders' fees, which the
Court may consider reasonable.

297. Authorities before whom affidavits
may be sworn:- (1) Affidavits to be used
before any Court under this Code may be
sworn or affirmed before,-

(a) any Judge or Judicial or Executive
Magistrate, or

(b) any commissioner of Oaths appointed
by a High Court or Court of Session, or

(c) any notary appointed under the
Notaries Act, 1952 (53 of 1952).

(2) Affidavits shall be confined to, and
shall state separately, such facts as the
deponent is able to prove from his own
knowledge and such facts as he has
reasonable ground to believe to be true,
and in the latter case, the deponent shall
clearly state the grounds of such belief.

(3) The Court may order any scandalous
and irrelevant matter in the affidavit to be
struck out or amended.
BONDED LABOUR SYSTEM
(ABOLITION) ACT, 1976

2. DEFINITIONS. - In this Act, unless
the context otherwise requires,- (a)
"advance" means an advance, whether in
cash or kind, or partly in cash or partly in
kind, made by one person (hereinafter
referred to as the creditor) to another
person (hereinafter referred to as the
debtor);
(b) "agreement" means an agreement
(whether written or oral, or partly written
and partly oral) between a debtor and
creditor, and includes an agreement
providing for forced labour, the existence
of which is presumed under any social
custom prevailing in the concerned
locality.
Explanation : The existence of an
agreement between the debtor and creditor
is ordinarily presumed, under the social
customs, in relation to the following forms
of forced labour, namely : Adiyamar,
Baramasia, Basahya, Bethu, Bhagela,
Cherumar, Garru- Galu, Hali, Hari,
Harwail, Holya, Jana, Jeetha, Kamiya,
Khundit- Mundit, Kuthia, Lakhari, Munjhi,
Mat, Munish system, Nit-Majoor, Paleru,
Padiyal, Pannayilal, Sagri, Sanji, Sanjawat,
Sewak, Sewakia, Seri, Vetti;
(c) "ascendant" or "descendant", in relation
to a person belonging to a matriarchal
society, means the person who corresponds
to such expression in accordance with the
law of succession in force in such society;
(d) "bonded debt" means an advance
obtained, or presumed to have been
obtained, by a bonded labourer under, or in
pursuance of, the bonded labour system;
(e) "bonded labour" means any labour or
service rendered under the bonded labour
system;
(f) "bonded labourer" means a labourer
who incurs, or has, or is presumed to have,
incurred, a bonded debt;
(g) "bonded labour system" means the
system of forced, or partly forced, labour
under which a debtor enters, or has, or is
presumed to have, entered, into an
agreement with the creditor to the effect
that - (i) in consideration of an advance
obtained by him or by any of his lineal
ascendants or descendants (whether or not
such advance is evidenced by the
document) and in consideration of the
interest, if any, due on such advance, or
(ii) in pursuance of any customary or
social obligation, or
(iii) in pursuance of any obligation
devolving on him by succession, or
(iv) for any economic consideration
received by him or by any of his lineal
ascendants or descendants, or
(v) by reason of his birth in any particular
caste or community, he would- (1) render,
by himself or through any member of his
family, or any person dependent on him,
labour or service, to the creditor, or for the
benefit of the creditor, for a specific period
or for an unspecified period, either without
wages or for nominal wages, or
(2) forfeit the freedom of employment or
other means of livelihood for an specified
period or for an unspecified period, or
(3) forfeit the right to move freely
throughout the territory of India, or
(4) forfeit the right to appropriate or sell at
market-value any of his property or
product of his labour or the labour of a
member of his family or any person
dependent on him. and includes the system
of forced, or partly forced, labour under
which a surety for a debtor enters, or has,
or is presumed to have, entered into an
agreement with the creditor to the effect
that in the event of the failure of the debtor
to repay the debt, he would render the
bonded labour on behalf of the debtor;
Explanation : For the removal of doubts, it
is hereby declared that any system of
forced, or partly forced labour under which
any workman being contract labour as
defined in clause (b) of sub-section (1) of
Section 2 of the Contract Labour
(Regulation and Abolition) Act, 1970 (37
of 1970), or an inter-State migrant
workman as defined in clause (e) of sub-
section (1) of Section 2 of the Inter-State
Migrant Workmen (Regulation of
Employment and Conditions of Service)
Act, 1979 (30 of 1979), is required to
render labour or service in circumstances
of the nature mentioned in sub-clause (1)
of this clause or is subjected to all or any
of the disabilities referred to in sub-clauses
(2) to (4), is 'bonded labour system' within
the meaning of this clause.
(h) "family", in relation to a person,
includes the ascendant and descendant of
such person;
(i) "nominal wages", in relation to any
labour, means a wage which is less than,-
(a) the minimum wages fixed by the
Government, in relation to the same or
similar labour, under any law for the time
being in force ; and
(b) where no such minimum wage has
been fixed in relation to any form of
labour, the wages that are normally paid,
for the same or similar labour, to the
labourers working in the same locality;
(j) "prescribed" means prescribed by rules
made under this Act.
8. FREED BONDED LABOURER NOT
TO BE EVICTED FROM
HOMESTEAD, ETC. - (1) No person
who has been freed and discharged under
this Act from any obligation to render any
bonded labour, shall be evicted from any
homestead or other residential premises
which he was occupying immediately
before the commencement of this Act as
part of the consideration for the bonded
labour.
(2) If, after the commencement of this Act,
any such person is evicted by the creditor
from any homestead or other residential
premises, referred to in sub-section (1), the
Executive Magistrate in charge of the Sub-
Division within which such homestead or
residential premises is situated shall, as
practicable, restore the bonded labourer to
the possession of such homestead or other
residential premises.
10. AUTHORITIES WHO MAY BE
SPECIFIED FOR IMPLEMENTING
THE PROVISIONS OF THIS ACT. -
 The State Government may confer such
powers and impose such duties on a
District Magistrate as may be necessary to
ensure that the provisions of this Act are
properly carried out and the District
Magistrate may specify the officer,
subordinate to him, who shall exercise all
or any of the powers, and perform all or
any of the duties, so conferred or imposed
and the local limits within which such
powers or duties shall be carried out by the
officer so specified.
11. DUTY OF DISTRICT
MAGISTRATE AND OTHER
OFFICERS TO ENSURE CREDIT. -
 The District Magistrate authorised by the
State Government under Section 10 and
the officer specified by the District
Magistrate under that section shall, as far
as practicable, try to promote the welfare
of the freed bonded labourer by securing
and protecting the economic interests of
such bonded labourer so that he may not
have any occasion or reason to contract
any further bonded debt.

12. DUTY OF DISTRICT
MAGISTRATE AND OFFICERS
AUTHORISED BY HIM. - It shall be the
duty of every District Magistrate and every
officer specified by him under Section 10
to inquire whether, after the
commencement of this Act, any bonded
labour system or any other form of forced
labour is being enforced by, or on behalf
of, any person resident within the local
limits of his jurisdiction and if, as a result
of such inquiry, any person is found to be
enforcing the bonded labour system or any
other system of forced labour, he shall
forthwith take such action as may be
necessary to eradicate of such forced
labour.
13. VIGILANCE COMMITTEE. - (1)
Every State Government shall, by
notification in the Official Gazette,
constitute such number of Vigilance
Committees in each district and each Sub-
Division as it may think fit.
(2) Each Vigilance Committee, constituted
for a district, shall consist of the following
members, namely- (a) the District
Magistrate, or a person nominated by him,
who shall be the Chairman;
(b) three persons belonging to the
Scheduled Castes or Scheduled Tribes and
residing in the District, to be nominated by
the District Magistrate;
(c) two social workers, resident in the
district, to be nominated by the District
Magistrate;
(d) not more than three persons to
represent the official or non- official
agencies in the district connected with
rural development, to be nominated by the
State Government;
(e) one person to represent the financial
and credit institutions in the district, to be
nominated by the District Magistrate;
(3) Each Vigilance Committee, constituted
for a Sub-Division, shall consist of the
following members, namely- (a) the Sub-
Divisional Magistrate, or a person
nominated by him, who shall be the
Chairman;
(b) three persons belonging to the
Scheduled Castes or Scheduled Tribes and
residing in the Sub-Division, to be
nominated by the Sub-Divisional
Magistrate;
(c) two social workers, resident in the Sub-
Division to be nominated by the Sub-
Divisional Magistrate;
(d) not more than three persons to
represent the official or non- official
agencies in the Sub-Division connected
with rural development to be nominated by
the District Magistrate.
(e) one person to represent the financial
and credit institutions in the Sub-Division,
to be nominated by the Sub-Divisional
Magistrate;
(f) one officer specified under Section 10
and functioning in the Sub-Division.
(4) Each Vigilance Committee shall
regulate its own procedure and secretarial
assistance, as may be necessary, shall be
provided by- (a) the District Magistrate, in
the case of a Vigilance Committee
constituted for the district;
(b) the Sub-Divisional Magistrate, in the
case of a Vigilance Committee constituted
for the Sub-Division.
(5) No proceeding of a Vigilance
Committee shall be invalid by reason of
any defect in the constitution, or in the
proceedings, of the Vigilance Committee.
14. FUNCTIONS OF VIGILANCE
COMMITTEE. - (1) The functions of
each Vigilance Committee shall be,- (a) to
advise the District Magistrate or any
officer authorised by him as to the efforts
made, and action taken, to ensure that the
provisions of this Act or of any rule made
there under are properly implemented.
(b) to provide for the economic and social
rehabilitation of the freed bonded
labourers;
(c) to co-ordinate the functions of rural
banks and co-operative societies with a
view to canalising adequate credit to the
freed bonded labourer;
(d) to keep an eye on the number of
offence of which cognizance has been
taken under this Act;
(e) to make a survey as to whether there is
any offence of which cognizance ought to
be taken under this Act;
(f) to defend any suit instituted against a
freed bonded labourer or a member of his
family or any other person dependent on
him for the recovery of the whole or part
of any bonded debt or any other debt
which is claimed by such person to be
bonded debt.
(2) A Vigilance Committee may authorise
one of its members to defend a suit against
a freed labourer and the member so
authorised shall be deemed, for the
purpose of such suit, to be the authorised
agent of the freed bonded labourer.
15. BURDEN OF PROOF. - Whenever
any debt is claimed by a bonded labourer,
or a Vigilance Committee, to be a bonded
debt, the burden of proof that such debt is
not a bonded debt shall lie on the creditor.

16. PUNISHMENT FOR
ENFORCEMENT OF BONDED
LABOUR. - Whoever, after the
commencement of this Act, compels any
person to render any bonded labour shall
be punishable with imprisonment for a
term which may extend to three years and
also with fine which may extend to two
thousand rupees.

17. PUNISHMENT FOR
ADVANCEMENT OF BONDED
DEBT. - Whoever advances, after the
commencement of this Act, any bonded
debt shall be punishable with
imprisonment for a term which may extend
to three years and also with fine which
may extend to two thousand rupees.
18. PUNISHMENT FOR
EXTRACTING BONDED LABOUR
UNDER THE BONDED LABOUR
SYSTEM. - Whoever enforces, after the
commencement of this Act, any custom,
tradition, contract, agreement or other
instrument, by virtue of which any person
or any member of the family of such
person or any dependent of such person is
required to render any service under the
bonded labour system, shall be punishable
with imprisonment for a term which may
extend to three years and also with fine
which may extend to two thousand rupees;
and, out of the fine, if recovered, payment
shall be made to the bonded labourer at the
rate of rupees five for each day for which
the bonded labour was extracted from him.

19. PUNISHMENT FOR OMISSION
OR FAILURE TO RESTORE
POSSESSION OF PROPERTY TO
BONDED LABOURERS. - Whoever,
being required by this Act to restore any
property to the possession of any bonded
labourer, omits or fails to do so, within a
period of thirty days from the
commencement of this Act, shall be
punishable with imprisonment for a term
which may extend to one year, or with fine
which may extend to one thousand rupees,
or with both; and, out of the fine, if
recovered, payment shall be made to the
bonded labourer at the rate of rupees five
for each day during which possession of
the property was not restored to him.

20. ABETMENT TO BE AN
OFFENCE. - Whoever abets any offence
punishable under this Act shall, whether or
not the offence abetted is committed, be
punishable with the same punishment as is
provided for the offence which has been
abetted.
Explanation : For the purpose of this Act,
"abetment" has the meaning assigned to it
in the Indian Penal Code (45 of 1860).
21. OFFENCES TO BE TRIED BY
EXECUTIVE MAGISTRATES. - (1)
The State Government may confer, on an
Executive Magistrate, the powers of a
Judicial Magistrate of the first class or of
the second class for the trial of offences
under this Act; and, on such conferment of
powers, the Executive Magistrate, on
whom the powers are so conferred, shall
be deemed, for the purposes of the Code of
Criminal Procedure, 1973 (2 of 1974), to
be a Judicial Magistrate of the first class,
or of the second class, as the case may be.
(2) An offence under this Act may be tried
summarily by a Magistrate.
22. COGNIZANCE OF OFFENCES. -
 Every offence under this Act shall be
cognizable and bailable.
     PUNJAB EXCISE ACT, 1914

With a view to involve SDMs in the
inspection of L-2 vends i.e. Retail outlets
of IMFL and Country Liquor within their
jurisdiction, various powers were
conferred on the Sub Divisional
Magistrates under the Punjab Excise Act,
1914, as extended to the Union Territory
of Delhi.

The following powers have been
specifically vested in the Sub Divisional
Magistrates :-

1. U/s. 10 Punjab Excise Act, they have
been vested with the powers of Excise
Officers 1st class.
2. By virtue as Excise Officers and as Sub
Divisional Magistrates they have:
  a. Powers U/s. 47 of the Punjab Excise
    Act to deal with cases involving
    unlawful activities as laid down U/s.
    61 & 63 of the Punjab Excise Act.

    b. Power to investigate cases U/s. 46
    of the Punjab Excise Act.

    c. Power to search without warrant as
    provided in Section 49 (1) and to
    seize, detain, search and arrest as
    provided in Section 49(2) of the
    Punjab Excise Act.

    d. Power to grant bail U/s. 73

    e. Power to assist in the enforcement
    Activities relating to liquor and
    discharge duties in
  IMMORAL TRAFFICKING
  PREVENTION ACT, 1956

   Sec 15(5), 16, 18, 19, 20 relates to
   SDM. Since in case of this Act by virtue
   of Sec 146(1) of the Delhi Police Act,
   1978 all the functions of the District
   Magistrate is exercised by the
   Commissioner of Police, so SDM can
   intervene in matters which relate to
   SDM.
2. Definitions.—In this Act. unless the
context otherwise requires—
(a) “brothel“ includes any house, room,
conveyance or place, or any portion of any
house, room, conveyance or place, which
is used for purposes of sexual exploitation
or abuse for the gain of another person or
for the mutual gain of two or more
prostitutes;
(aa) “child“ means a person who has not
completed the age of sixteen years;
(b) “corrective institution“ means an
institution, by whatever name called (being
an institution established or licenced as
such under Section 21), in which persons,
who are in need of correction, may be
detained under this Act, and includes a
shelter where under trials may be kept in
pursuance of this Act;
(c) “magistrate“ means a Magistrate
specified in the second column of the
Schedule as being competent to exercise
the powers conferred by the section in
which the expression occurs and which is
specified in the first column of the
Schedule;
(ca) “major“ means a person who has
completed the age of eighteen years;
(cb) “minor“ means a person who has
completed the age of sixteen years but has
not completed the age of eighteen years;
(d) “prescribed“ means prescribed by rules
made under this Act;
(e) i[i][1] [ * * * * * * ].
(f) “prostitution“ means the sexual
exploitation or abuse of persons for
commercial purposes, and the expression
“prostitute”       shall      be  construed
accordingly;
(g) “protective home“ means an institution,
by whatever name called (being an
institution established or licenced as such
under Section 21), in which persons who
are in need of care and protection, may be
kept under this Act and where appropriate
technically qualified persons, equipments
and other facilities have been provided but
does not include,—
   (i) a shelter where undertrials may be
kept in pursuance of this Act, or
   (ii) a corrective institution;
(h) “public place“ means any place
intended for use by, or accessible to, the
publicand includes any public conveyance;
(i) “special police officer”means a police
officer appointed by or on behalf of the
State Government to be in charge of police
duties within a specified area for the
purpose of this Act;
(j) “trafficking police officer“ means a
police officer appointed by the Central
Government under sub-section (4) of
Section 13.
Comments
Prostitution—Police raid—Nine girls
recovered—Enquiry conducted under Sec.
17—Medical examination report stating to
have had sexual intercourse within a week
before examination—Detention order—
Appeal—No evidence as to petitioners
living in or carrying on prostitution brothel
at time of raid—No evidence to prove that
petitioners were seducing any person for
the purpose of prostitution—Profession of
accused stated to be dancing & singing—
Held :—Sexual intercourse by itself is not
an offence—Prostitution by itself is not an
offence—Petition      al-lowed.    Kumari
Sangeeta v. State and another. 1996 Cr.R.
129 (Delhi)

15. Search without warrant .—(1)
Notwithstanding anything contained in any
other law for the time being in force,
whenever the special police officer or the
trafficking police officer as the case may
be, has reasonable grounds for believing
that an offence punishable under this Act
has been or is being committed in respect
of a person living in any premises, and that
search of the premises with warrant cannot
be made without undue delay, such officer
may, after recording the grounds of his
belief, enter and search such premises
without a warrant.
(2) Before making a search under sub-
section (1), the special police officer or the
trafficking police officer, as the case may
be shall call upon two or more respectable
inhabitants (at least one of whom shall be a
woman) of the locality in which the place
to be searched is situate, to attend and
witness the search and may issue an order
in writing to them or any of them so to do:
Provided that the requirement as to the
respectable inhabitants being from the
locality in which the place to be searched
is situate shall not apply to a woman
required to attend and witness the search.
(3) Any person who, without reasonable
cause, refuses or neglects, to attend and
witness a search under this section, when
called upon to do so by an order in writing
delivered or tendered to him, shall be
deemed to have committed an offence
under Section 187 of the Indian Penal
Code (45 of 1860).
(4) The special police officer or the
trafficking police officer, as the case may
be, entering any premises under sub-
section (1) shall be entitled to remove
therefrom all the persons found therein.
(5) The special police officer or the
trafficking police officer, as the case may
be, after removing person under sub-
section (4) shall forthwith produce her
before the appropriate Magistrate.
(5-A) Any person who is produced before
a Magistrate under sub-section (5), shall be
examined by a registered medical
practitioner for the purposes of
determination of the age of such person, or
for the detection of any injuries as a result
of sexual abuse or for the presence of any
sexually transmitted diseases.
Explanation.—In        this      sub-section,
“registered medical practitioner” has the
same meaning as in the Indian Medical
Council Act, 1956 (102 of 1956).
(6) The special police officer or the
trafficking police officer, as the case may
be, and other persons taking part in, or
attending, and witnessing a search shall not
be liable to any civil or criminal
proceeding against them in respect of
anything lawfully done in connection with,
or for the purpose of, the search.
(6-A) The special police officer or the
trafficking police officer, as the case may
be, making a search under this section
shall be accompanied by at least two
women police officers, and where any
woman or girl removed under sub-section
(4) is required to be interrogated it shall be
done by woman police officer and if no
woman police officer is available, the
interrogation shall be done only in the
presence of a lady member of a recognised
welfare institution or organization.
Explanation.—For the purposes of this
sub-section and Section 17-A, “recognised
welfare institution or organisation” means
such institution or organisation as may be
recognised in this behalf by the State
Government.
(7) The provisions of the Code of Criminal
Procedure, 1973 (2 of 1974) shall, so far as
may be, apply to any search under this
section as they apply to any search made
under the authority of a warrant issued
under 94 of the said Code.
16. Rescue of person—(1) Where a
Magistrate has reason to believe from
information received from the police or
from any other person authorised by State
Government in this behalf or otherwise,
that any person is living, or is carrying, or
is being made to carry on, prostitution in a
brothel, he may direct a police officer not
below the rank of a sub-inspector to enter
such brothel, and to remove therefrom
such person and produce her before him.
(2) The police officer, after removing the
person shall forthwith produce her before
the Magistrate issuing the order.
17. Intermediate custody, of persons
removed under Section 15 or rescued
under Section 16 .—(1) When the special
police officer removing a person under
sub-section (4) of Section 15 or a police
officer rescuing a person under sub-section
(1) of Section 16, is for any reason unable
to produce her before the appropriate
Magistrate as required by sub-section (5)
of Section 15, or before the Magistrate
issuing the order under sub-section (2) of
Section 16, he shall forthwith produce her
before the nearest Magistrate of any class,
who shall pass such orders as he deems
proper for her safe custody until she is
produced      before     the     appropriate
Magistrate, or, as the case may be, the
Magistrate issuing the order:
Provided that no person shall be,
(i) detained in custody under this sub-
section for a period exceeding ten days
from the date of the order under this sub-
section; or
(ii) restored to or placed in the custody of a
person who may exercise a harmful
influence over her.
(2) when the person is produced before the
appropriate Magistrate under sub-section
(5) of Section 15 or the Magistrate under
sub-section (2) of Section 16, he shall,
after giving her an opportunity of being
heard, cause an inquiry to be made as to
the correctness of the information received
under sub-section (1) of Section 16, the
age, character and antecedents of the
person and the suitability of her parents,
guardian or husband for taking charge of
her and the nature of the influence which
the conditions in her home are likely to
have on her if she is sent home, and, for
this purpose, he may direct a Probation
Officer appointed under the Probation of
Offenders Act, 1958, to inquire into the
above circumstances and into the
personality of the person and the prospects
of her rehabilitation.
(3) The Magistrate may, while an inquiry
is made into a case under sub-section (2),
pass such orders as he deems proper for
the safe custody of the person:
Provided that where a person rescued
under Section 16 is a child or minor, it
shall be open to the magistrate to place
such child or minor in any institution
established or recognised under any
Children Act for the time being in force in
any State for the safe custody of children:
Provided further that no person shall be
kept in custody for this purpose for a
period exceeding three weeks from the
date of such an order, and no person shall
be kept in the custody of a person likely to
have a harmful influence over her.
(4) Where the Magistrate is satisfied, after
making an inquiry as required under sub-
section (2),—
  (a) that the information received is
  correct; and
  (b) that she is in need of care and
  protection,
he may, subject to the provisions of sub-
section (5), make an order that such person
be detained for such period, being not less
than one year and not more than three, as
may be specified in the order, ina
protective home, or in such other custody,
as he shall, for reasons to be recorded in
writing, consider suitable:
Provided that such custody shall not be
that of a person or body of persons of a
religious persuasion different from that of
the person, and that those entrusted with
the custody of the person, including the
persons in charge of a protective home;
may be required to enter into a bond which
may, where necessary and feasible
contained undertaking based on directions
relating to the proper care, guardianship,
education, training and medical and
psychiatric treatment of the person as well
as supervision by a person appointed by
the Court, which will be in force for a
period not exceeding three years.
(5) In discharging his functions under sub-
section (2), a Magistrate may summon a
panel of five respectable persons, three of
whom shall, wherever practicable, be
women, to assist him; and may, for this
purpose, keep a list of experienced social
welfare workers, particularly women social
welfare workers, in the field of suppression
of immoral traffic in persons.
(6) An appeal against an order made under
sub-section (4) shall lie to the Court of
Session whose decision on such appeal
shall be final.
17-A. Conditions to be observed before
placing persons rescued under Section
16 to parents or guardians .—
Notwithstanding anything contained in
sub-section (2) of Section 17, the
magistrate making an inquiry under
Section 17, may, before passing an order
for handing over any person rescued under
Section 16 to the parents, guardian or
husband, satisfy himself about the capacity
or genuineness of the parents, guardian or
husband to keep such person by causing an
investigation to be made by a recognised
welfare institution or organisation.
18. Closure of brothel and eviction of
offenders from the premises .—(1) A
Magistrate may, on receipt of information
from the police or otherwise, that any
house, room, place or any portion thereof
within a distance of two hundred metres of
any public place referred to in sub-section
(1) of Section 7 is being run or used as a
brothel by any person, or is being used by
prostitutes for carrying on their trade, issue
notice on the owner, lessor or landlord or
such house, room, place or portion or the
agent of the owner, lessor or landlord or on
the tenant, lessee, occupier of, or any other
person in charge of such house, room,
place, or portion, to show cause within
seven days of the receipt of the notice why
the same should not be attached for
improper use thereof, and if, after hearing
the person concerned, the Magistrate is
satisfied that the house, room, place or
portion is being used as a brothel or for
carrying on prostitution, then the
Magistrate may pass orders,—
(a) directing eviction of the occupier
within seven days of the passing of the
order from the house, room, place, or
portion;
(b) directing that before letting it out
during the period of one year or in a case
where a child or minor has been found in
such house, room, place or portion during
a search under Section 15, during the
period of three years, immediately after the
passing of the order, the owner, lessor or
landlord or the agent of the owner, lessor
or landlord shall obtain the previous
approval of the Magistrate;
Provided that, if the Magistrate finds that
the owner, lessor or landlord as well as the
agent of the owner, lessor or landlord, was
innocent of the improper user of the house,
room, place, or portion, he may cause the
same to be restored to the owner, lessor or
landlord or the agent of the owner, lessor
landlord, with a direction that the house,
room, place or portion shall not be leased
out, or otherwise given possession of, to or
for the benefit of the person who was
allowing the improper use therein.
(2) A court convicting a person of any
offence under Section 3 or Section 7 may
pass orders under sub-section (1), without
further notice to such person to show cause
as required in that sub-section.
(3) Orders passed by the Magistrate or
court under sub-section (1) or sub-section
(2), shall not be subject to appeal and shall
not be stayed or set aside by the order of
any court, civil or criminal, and the said
orders shall cease to have validity after the
expiry of one year or three years, as the
case may be:
Provided that where a conviction under
Section 3 or Section 7 is set aside on an
appeal on the ground that such house,
room, place, or any portion thereof is not
being run or uses as a brothel or is
notbeing used by prostitutes for carrying
on their trade, any order passed by the trial
court under sub-section (1) shall also be set
aside.
(4) Notwithstanding anything contained in
any other law for the time being in force,
when a Magistrate passes an order under
sub-section (1), or a Court passes an order
under sub-section (2), any lease or a
agreement under which the house, room,
place or portion is occupied at the time
shall become void and inoperative.
(5) When an owner, lessor or landlord, or
the agent of such owner, lessor or landlord
fails to comply with a direction given
under clause (b) of sub-section (1) he shall
be punishable with fine which may extend
to five hundred rupees or when he fails to
comply with a direction under the proviso
to that sub-section, he shall be deemed to
have committed an offence under clause
(b) of sub-section (2), of Section 3 or
clause (c) of sub-section (2) of Section 7,
as the case may be, and punished
accordingly.
19. Application for being kept in a
protective home or provided care and
protection by court .—(1) A person who
is carrying on, or is being made to carry on
prostitution, may make an application, to
the Magistrate within the local limits of
whose jurisdiction she is carrying on, or is
being made to carry on prostitution, for an
order that she may be—
  (a) kept in a protective home, or
(b) provided care and protection by the
court in the manner specified in sub-
section (3).
(2) The Magistrate may pending inquiry
under sub-section (3) direct that the person
be kept in such custody as he may consider
proper, having regard to the circumstances
of the case.
(3) If the Magistrate after hearing the
applicant and making such inquiry as he
may consider necessary, including an
inquiry by a Probation Officer appointed
under the Probation of Offender Act, 1958,
(20 of 1958) into the personality,
conditions of home and prospects of
rehabilitation of the applicant, is satisfied
that an order should be made under this
section, he shall for reasons to be recorded,
make an order that the applicant to be kept:
(i) in a protective home, or
(ii) in a corrective institution, or
(iii) under the supervision of a person
appointed by the Magistrate for such
period as may be specified in the order.
20. Removal of prostitute from any
place .—(1) A Magistrate on receiving
information that any person residing in or
frequenting any place within the local
limits of his jurisdiction is a prostitute,
may record the substance of the
information received and issue a notice to
such person requiring her to appear before
the Magistrate and show cause why she
should not be required to remove herself
from the place and be prohibited form re-
entering it.
(2) Every notice issued under sub-section
(1) shall be accompanied by a copy of the
record aforesaid, and the copy shall be
served along with the notice on the person
against whom the notice is issued.
(3) The Magistrate shall, after the service
of the notice referred to in sub-section (2),
proceed to inquire into the truth of the
information received, and after giving the
person an opportunity of adducing
evidence; take such further evidence as he
thinks fit and if upon such inquiry it
appears to him that such person is a
prostitute and that it is necessary in the
interest of the general public that such
person should be required to remove
herself there from and be prohibited from
re-entering the same, the Magistrate shall,
by order in writing communicate to the
person in the manner specified therein,
require her after a date (to be specified in
the order) which shall not be less than
seven days from the date of the order, to
remove herself from the place to such
place whether within or without the local
limits of his jurisdiction, by such route or
routes and within such time as may be
specified in the order and also prohibit her
from re-entering the place without the
permission in writing of the Magistrate
having jurisdiction over such place.
(4) Whoever,—
(a) fails to comply with an order issued
under this section, within the period
specified therein, or whilst an order
prohibiting her from re-entering a place
without permission is in force, re-enters
the place without such permission, or
(b) knowing that any person has, under this
section, been required to remove herself
from the place and has not obtained the
requisite permission to re-enter it, harbours
or conceals such person in the place,
shall be punishable with fine which may
extend to two hundred rupees and in the
case of a continuing offence with an
additional fine which may extend to
twenty rupees for every day after the first
during which she or he has persisted in the
offence.
           WAKF ACT, 1995

68. Duties of mutawalli or committee to
deliver possession of records, etc. (1)
Where any mutawalli or committee of
management has been removed by the
Board in accordance with the provisions of
this
Act, or of any scheme made by the Board,
the mutawalli or the committee so
removed from the office (hereinafter in
this section referred to as the removed
mutawalli or committee) shall hand over
charge and deliver possession of the
records, accounts and all properties of the
wakf (including cash) to the successor
mutawalli or the successor committee,
within one month from the date specified
in the order.

(2) Where any removed mutawalli or
committee fails to deliver charge or deliver
possession of the records, accounts and
properties
(including cash) to the successor mutawalli
or committee within the time specified in
sub-section (1), or prevents or obstructs
such mutawalli or committee, from
obtaining possession thereof after the
expiry of the period aforesaid, the
successor mutawalli or any member of the
successor committee may make an
application, accompanied by a certified
copy of the order appointing such
successor mutawalli or committee, to any
Magistrate of the first class within the local
limits of whose jurisdiction any part of the
wakf property is situated and, thereupon,
such Magistrate may, after giving notice to
the removed mutawalli or members of the
removed committee, make an order
directing the delivery of charge and
possession of such records, accounts and
properties (including cash) of the wakf to
the successor mutawalli or the committee,
as the case may be, within such time as
may be specified in the order.

(3) Where the removed mutawalli or any
member of the removed committee, omits
or fails to deliver charge and possession of
the records, accounts and, properties
(including cash) within the time specified
by the Magistrate, under sub-section (2),
the removed mutawalli or every member
of the removed committee, as the case may
be, shall be punishable with imprisonment
for a term which may extend to six months
or with fine which may extend to eight
thousand rupees, or with both.


(4) Whenever any removed mutawalli or
any member of the removed committee
omits or fails to comply with the orders
made by the
Magistrate, under sub-section (2), the
Magistrate may authorise the successor
mutawalli or committee to take charge and
possession of such records, accounts,
properties (including cash) and may
authorise such person to take such police
assistance as may be necessary for the
purpose.

(5) No order of appointment of the
successor mutawalli or committee, shall be
called in question in the proceedings
before the
Magistrate under this section.

54.Removal of encroachment from wakf
property.


54. Removal of encroachment from wakf
property. (1) Whenever the Chief
Executive Officer considers whether on
receiving any complaint or on his own
motion that there has been an
encroachment on any land, building, space
or other property which is wakf property
and, which has been registered as such
under this Act, he shall cause to be served
upon the encroacher a notice specifying
the particulars of the encroachment and
calling upon him to show cause before a
date to be specified in such notice, as to
why an order requiring him to remove the
encroachment before the date so specified
should not be made and shall also send a
copy of such notice to the concerned
mutawalli.


27.(2) The notice referred to in sub-section
(1) shall be served in such manner as may
be prescribed.

(3) If, after considering the objections,
received during the period specified in the
notice, and after conducting an inquiry in
such manner as may prescribed, the Chief
Executive Officer is satisfied that the
property in is wakf property and that there
has been an encroachment on any such
wakf property, he may, by an order,
require the encroacher to remove such
encroachment and deliver possession of
the land, building, space or other property
encroached upon to the mutawalli of the
wakf.


(4) Nothing contained in sub-section (3)
shall prevent any person aggrieved by the
order made by the Chief Executive Officer
under that sub-section from instituting a
suit in a Tribunal to establish that he has
right, title or interest in the land, building,
space or other property:

Provided that no such suit shall be
instituted by a person who has been let into
possession of the land, building, space or
other property as a lessee, licensee or
mortgagee by the mutawalli of the wakf or
by any other person authorised by him in
this behalf.


55.Enforcement of orders made under
section 54.55. Enforcement of orders made
under section 54. Where the person,
ordered under sub-section (3) of section 54
to remove any encroachment, omits or fails
to remove such encroachment, within the
time specified in the order or, as the case
may be, fails to vacate the land, building,
space or other property to which the order
relates, within the time aforesaid, the Chief
Executive Officer may apply to the Sub-
divisional Magistrate within the local
limits of whose jurisdiction the land,
building, space or other property is situated
for evicting the encroacher, and,
thereupon, such Magistrate shall make an
order directing the encroacher to remove
the en-
croachment, or, as the case may be, vacate
the land, building, space or other property
and to deliver possession thereof to the
concerned mutawalli and in default of
compliance with the order, remove the
encroachment or, as the case may be, evict
the encroacher from the land, building,
space or other property and may, for this
purpose, take such police assistance as
may be necessary.
PNDT ACT
Deputy Commissioners have been
appointed as Appropriate authority
VIOLATIONS UNDER THE PNDT
ACT AND THE PENALTIES


VIOLATION SECTION/R PENALTI
S               ULE       ES
                OF
                THE PNDT
                ACT
Minor                     For Minor
Offences        Rule  No. Offences:
Non-            17(2)     Case may
availability of           be launched
copy of the               in the court
PNDT Act in Rule No. 6(2) of JMIC u/s
the registered            25 of the
centre          Rule  No. Act.
Non- Display 17(1)        Punishment
of registration           may extend
certificate in    to 3 months
the centre.       or with fine,
Non-Display       which may
of Board in       extend      to
the premises      Rs. 1,000/-
in English and    for      first
Local             offence.
Language that     Additional
‘Disclosure of    fine    upto
the sex of the    Rs.    500/-
foetus       is   per day for
prohibited        the period
under law’.       of
                  contraventio
                  n         for
                  subsequent
                  offence.
                  Or
                  Show cause
                  notice u/s
                  20(1),(2) for
                  temporary
                  suspension
                          of
                          registration.
                          Or
                          Under
                          Section
                          20(3)

2.             Section    U/s 22(3) of
Advertiseme 22(1), (2).   the PNDT
nt relating to            Amendment
pre-                      Act,
conception                imprisonme
and pre-natal             nt    which
determinatio              may extend
n of sex.                 to 3 years
                          and     with
                          fine which
                          may extend
                          to        Rs.
                          10,000/-.
                          Case is to
                          be launched
                          in the court
                              u/s 28 of the
                              Act
3.                Section 3   Any such
Unregistered                  equipment
centres. It                   has to be
includes      all             sealed and
such centres                  seized     by
where        any              the
portable                      Appropriate
equipment                     Authority
capable       of              concerned.
detecting sex                 He/She may
before or after               Launch the
conception is                 case in the
used.       The               court u/s 28
owner of such                 of the Act.
equipment                     Register
may be having                 such centre
a     registered              after
facility                      receiving 5
somewhere                     times     the
else.                         registration
                              fee        as
                                 penalty and
                                 after taking
                                 a
                                 undertaking
                                 as per the
                                 PNDT
                                 Rules-Rule
                                 11(2).
4.                               The
Irregularities                   Appropriate
in registered Section 3(2)       Authority or
centre          and              person
                Rule 3(b).       authorized
Owner/emplo                      thereupon
yee             Under Rule       may:
conducting      4.6 and as per   Issue show
the             Form ‘A’. Sr.    cause notice
ultrasonograp No. 8              u/s 20(1)(2)
hy                               of the Act
not qualifie                     and with the
d.                               endorsemen
                Under rule 9.    t of the
More      ultra                  Advisory
sound     Mac    Committee,
hines            may
/equipments      suspend (for
where            a reasonable
as less number   period) or
register.        cancel the
                 registration,
Minor            as per the
deficiency in    magnitude
record           of        the
Keeping.         violation.

                 May      take
                 Suo Moto
                 action u/s
                 20(3) and
                 suspend the
                 registration
                 without
                 issuing
                 show cause
                 notice.
Note:


1.During
the period
of
suspension
of
registration,
the
equipment
needs to be
sealed and
signed and
kept     with
the owner.
After
cancellation
of
the registra
tion,     the
equipment
has to be
sealed and
seized.
Any body
aggrieved
by        the
above
decision
may appeal
to        the
higher-level
Appropriate
Authority
within 30
days of the
action. The
appeal shall
be disposed
of by the
higher
authority
within 60
                                 days of its
                                 receipt.

Record                      Contraventi
                 Section 4, 29
Keeping          and Rule-9.on (a major
Irregularities              offence) of
in       record             provision of
keeping as per              section     5
revised form                and 6 of the
‘F’    are     a            Act      and
major offence.              punishable
                            U/s 23(1) of
                            the PNDT
                            Act.
6. Sex         Section 3A. Violation of
Selection      4(5). 6 read section     5
               with section and 6 of the
               2(0)         Act      and
                            punishable
                            u/s 23 of the
                            Act.
Note:-
1. All offences under the Act are
cognizable, non-bailable and non-
compoundable (Section 27).

Even a case has been registered by the
police, no court shall take cognizance
except the complaint has been filed by the
AA or by the person/group who had served
a legal notice of 15 days to the AA already
(section 28).
Action u/s 20 and filing of criminal
complaint u/s 28 can go simultaneously
(section 20).
       CABLE TV ACT 1995
IN NCT OF DELHI DEPUTY
COMMISSIONER, SUB DIVISIONAL
MAGISTRATE AND COMMISSIONER
OF POLICE ARE AUTHORISED
OFFICERS
REGISTERING AUTHORITY: HEAD
POST OFFICE

CHAPTER 1

PRELIMINARY


1.                              Short title
extent and commencement
 (I) This Act may be called the Cable
Television Networks (Regulation) Act,
1995
 (2) It extends to the whole of India
 (3) It shall be deemed to have come into
force on the 29th day of September, 1994.
2.                                In this Act,
unless the context otherwise requires -
Definitions
  [2] (a) “authorised officer” means, within
his local limits of jurisdiction;-
  (i) a District Magistrate, or
  (ii) a Sub-divisional Magistrate, or
  (iii) a Commissioner of Police,
  and includes any other officer notified in
the Official Gazette, by the Central
Government or the State Government, to
be an authorised officer for such local
limits of jurisdiction as may be determined
by that Government;
  [3] (aa)“cable operator” means any
person who provides cable service through
a cable television network or otherwise
controls or is responsible for the
management and operation of a cable
television network;
  (b) “cable service” means the
transmission by cables of programmes
including re-transmission by cables of any
broadcast television signals;
  (c) “ cable television network” means
any system consisting of a set of closed
transmission paths and associated signal
generation, control and distribution
equipment, designed to provide cable
service for reception by multiple
subscribers;
  (d) “company” means a company as
defined in section 3 of the companies Act,
1956;
  (e)“person” means – 1 of 1956
  (i)                            an
individual who is a citizen of India;
  (ii) an association of individuals or
body of individuals, whether incorporated
or not, whose members are citizens of
India;
  (iii) a company in which not less than
fifty-one per cent of the paid-up share
capital is held by the citizens of India;
  (f) “prescribed” means prescribed by
rules made under this Act;
  (g) “programme” means any television
broadcast and includes –
  (i) exhibition of films, features,
dramas, advertisements and serials through
video cassette recorders or video cassette
players;
  (ii)                           any audio
or visual or audio-visual live performance
or presentation,
  (iii)                          and the
expression “programming service” shall
be construed accordingly;
  (h) “registering authority” means such
authority as the Central Government may,
by notification in the Official Gazette,
specify to perform the functions of the
registering authority under this Act;
  (i) “subscriber” means a person who
receives the signals of cable television
network at a place indicated by him to the
cable operator, without further
transmitting it to any other person.



CHAPTER II

REGULATION OF CABLE
TELEVISION NETWORK


3.Cable television network not to be
operated except after registration.
  No person shall operate a cable
television network unless he is registered
as a cable operator under this Act:
  Provided that a person operating a cable
television network, immediately before the
commencement of this Act, may continue
to do so for a period of ninety days from
such commencement; and if he has made
an application forregistration as a cable
operator under section 4 within the said
period, till he is registered under that
section or the registering authority refuses
to grant registrationto him under that
section.
4.Registration as cable operator.
  (1) Any person who is operating or is
desirous of operating a cable television
network may apply for registration as
cable operator to the registering authority.
  (2) An application under sub-section (1)
shall be made in such form and be
accompanied by such fee as may be
prescribed.
  (3) On receipt of the application, the
registering authority shall satisfy itself that
the applicant has furnished all the required
information and on being so satisfied,
register the applicant as a cable operator
and grant to him a certificate of such
registration:
  Provided that the registering authority
may, for reasons to be recorded in writing
and communicated to the applicant, refuse
to grant registration to him if it is satisfied
that he does not fulfil the conditions
specified in clause (e) of section 2.
5.Programme code.
  No person shall transmit or re-transmit
through a cable service any programme
unless such programme is in conformity
with the prescribed programme code;
  [4] proviso omitted]
6.Advertisement Code.
  No person shall transmit or re-transmit
through a cable service any advertisement
unless such advertisement is in conformity
with the prescribed advertisement code:
  [5] [ proviso omitted ]
7.Maintenance of register.
  Every cable operator shall maintain a
register in the prescribed form indicating
therein in brief the programmes
transmitted or re-transmitted through the
cable service during a month and such
register shall be maintained by the cable
operator for a period of one year after the
actual transmission or re-transmission of
the said programmes.
8.36 of 2000
  [6] (I) Every cable operator shall, from
the commencement of the Cable
Television Networks (Regulation)
Amendment Act, 2000, re-transmit at least
two Doordarshan terrestrial channels and
one regional language channel of a State in
the prime band, in satellite mode on
frequencies other than those carrying
terrestrial frequencies.
  Compulsory transmission of
Doordarshan channels
  (2) The Doordarshan channels referred
to in sub-section (1) shall be re-transmitted
without any deletion or alteration of any
programme transmitted on such channels.
  (3) The Prasar Bharati (Broadcasting
Corporation of India) established under
sub-section (1) of section 3 of the Prasar
Bharati (Broadcasting Corporation of
India) Act, 1990 may, by notification in
the Official Gazette, specify the number
and name of every Doordarshan channel to
be re-transmitted by cable operators in
their cable service and the manner of
reception and re-transmission of such
channels.
9.25 of 1990
  No cable operator shall, on and from the
date of the expiry of a period of three
years from the date of the establishment
and publication of the Indian Standard by
the Bureau of Indian Standards in
accordance with the provisions of the
Bureau of Indian Standards Act, 1986, use
any equipment in his cable television
network unless such equipment conforms
to the said Indian Standard.
10.                             Use of
standard equipment in cable television
network
  Every cable operator shall ensure that
the cable television network being
operated by him does not interfere, in any
way, with the functioning of the authorised
telecommunication systems.
  63 of 1986
  Cable television network not to interfere
with any telecommunication system.


CHAPTER III
SEIZURE AND CONFISCATION OF
CERTAIN EQUIPMENT

11.                              Power to
seize equipment used for operating the
cable television network.
  [7] (I) If any authorised officer has
reason to believe that the provisions of
sections 3, 5, 6 or 8 have been or are being
contravened by any cable operator, he may
seize the equipment being used by such
cable operator for operating the cable
television network.
  (2) No such equipment shall be retained
by the authorised officer for a period
exceeding ten days from the date of its
seizure unless the approval of the District
Judge, within the local limits of whose
jurisdiction such seizure has been made,
has been obtained for such retention.
12.The equipment seized under sub-
section (1) of section 11 shall be liable to
confiscation unless the cable operator from
whom the equipment has been seized
registers himself as a cable operator under
section 4 within a period of thirty days
from the date of seizure of the said
equipment.
13.
  Confiscation
  No seizure or confiscation of equipment
referred to in section 11 or section 12 shall
prevent the infliction of any punishment to
which the person affected thereby is liable
under the provisions of this Act.
14.                             Seizure or
confiscation of equipment not to
interfere with other punishment.
  (I) No order adjudicating confiscation of
the equipment referred to in section 12
shall be made unless the cable operator has
been given a notice in writing, informing
him of the grounds on which it is proposed
to confiscate such equipment and giving
him a reasonable opportunity of making a
representation in writing, within such
reasonable time as may be specified in the
notice against the confiscation and if he so
desires of being heard in the matter :
  Giving of opportunity to the cable
operator of seized equipment.
  Provided that where no such notice is
given within a period of ten days from the
date of the seizure of the equipment, such
equipment shall be returned after the
expiry of that period to the cable operator
from whose possession it was seized.
  (2) Save as otherwise provided in sub-
section (1), the provisions of the Code of
Civil Procedure, 1908 shall, so far as may
be, apply to every proceeding referred to
in sub-section (1).
15.(I) Any person aggrieved by any
decision of the court adjudicating a
confiscation of the equipment may prefer
an appeal to the court to which an appeal
lies from the decision of such Court
   5 of 1908
   (2) The appellate court may. after giving
the appellant an opportunity of being
heard, pass such order as it thinks fit
confirming, modifying or revising the
decision appealed against or may send
back the case with such directions as it
may think fit for a fresh decision or
adjudication, as the case may be, after
taking additional evidence if necessary.
   Appeal.
   (3) No further appeal shall lie against the
order of the court made under sub-section
(2).
CHAPTER IV
OFFENCES AND PENALTIES

16.
  Punishment for contravention of the
provisions of this Ac
  Whoever contravenes any of the
provisions of this Act shall be
punishable, -
  (a) for the first offence, with
imprisonment for a term which may
extend to two years or with fine which
may extend to one thousand rupees or with
both;
  (b) for every subsequent offence, with
imprisonment for a term which may
extend to five years and with fine which
may extend to five thousand rupees.
17.                               Offences
by companies
  (I) Where an offence under this Act has
been committed by a company, every
person who, at the time the offence was
committed, was in charge of, and was
responsible to, the company for the
conduct of the business of the company, as
well as the company, shall be deemed to
be guilty of the offence and shall be liable
to be proceeded against and punished
accordingly;
   Provided that nothing contained in this
sub-section shall render any such person
liable to any punishment, if he proves that
the offence was committed without his
knowledge or that he had exercised all due
diligence to prevent the commission of
such offence.
   (2) Notwithstanding anything contained
in sub-section (1), where any offence
under this Act has been committed by a
company and it is proved that the offence
has been committed with the consent or
connivance of, or is attributable to any
negligence on the part of, any director,
manager, secretary or order officer of the
company, such director, manager,
secretary or other officer shall also be
deemed to be guilty of that offence and
shall be liable to be proceeded against and
punished accordingly.
  Explanation: For the purposes of this
section,-
  (a) “company” means any body
corporate and includes a firm or other
association of individuals; and
  (b) “director” in relation to a firm,
means a partner in the firm.
18.Cognizance of offences.
  No court shall take cognizance of any
offence punishable under this Act except
upon a complaint in writing made [8]“by
any authorised officer”.


CHAPTER - (V)
MISCELLANEOUS

19.Power to prohibit transmission of
certain programmes in public interest.
   Where [9]“any authorised officer” thinks
it necessary or expedient so to do in public
interest, he may, by order, prohibit any
cable operator from transmitting or re-
transmitting [10]“any programme or
channel if, it is not in conformity with the
prescribed programme code referred to in
section 5 and advertisement code referred
to in section 6 or if it is” likely to promote,
on grounds of religion, race, language,
caste or community or any other ground
whatsoever, disharmony or feelings of
enmity, hatred or ill-will between different
religious, racial, linguistic or regional
groups or castes or communities or which
is likely to disturb the public tranquillity.
20.Power to prohibit operation of cable
television network in public interest.
   [11] (I) Where the Central Government
thinks it necessary or expedient so to do in
public interest, it may prohibit the
operation of any cable television network
in such areas as it may, by notification in
the Official Gazette, specify in this behalf.
  [12] (2) Where the Central Government
thinks it necessary or expedient so to do in
the interest of the-
  (i) sovereignty or integrity of India; or
  (ii) security of India; or
  (iii) friendly relations of India with any
foreign State; or
  (iv) public order, decency or morality,
  it may, by order, regulate or prohibit the
transmission or re-transmission of any
channel or programme.
  [13] (3) Where the Central Government
considers that any programme of any
channel is not in conformity with the
prescribed programme code referred to in
section 5 or the prescribed advertisement
code referred to in section 6, it may by
order, regulate or prohibit the transmission
or re-transmission of such programme”.
21.Application of other laws not barred.
  23 of 1940, 8 of 1948, 12 of 1950, 26 of
1950, 37 of 1952, 21 of 1954, 37 of 1954,
42 of 1955, 14 of 1957, 43 of 1958, 60 of
1986, 68 of 1986
  The provisions of this Act shall be in
addition to, and not in derogation of, the
Drugs and Cosmetics Act, 1940, the
Pharmacy Act, 1948, the Emblems and
Names (Prevention of Improper Use) Act,
1950, the Drugs (Control) Act, 1950, the
Cinematograph Act, 1952, the Drugs and
Magic Remedies (Objectionable
Advertisements) Act, 1954, the Prevention
of Food Adulteration Act, 1954, the Prize
Competitions Act, 1955, the Copyright
Act, 1957, the Trade and Merchandise
Marks Act, 1958, the Indecent
Representation of Women (Prohibition)
Act, 1986 and the Consumer Protection
Act, 1986.
22.Power to make rules.
  (I) The Central Government may, by
notification in the official Gazette, make
rules to carry out the provisions of this
Act.
  (2) In particular, and without prejudice
to the generality of the foregoing power,
such rules may provide for all or any of
the following matters, namely:-
  (a) the form of application and the fee
payable under sub-section (2) of section 4;
  (b) the programme code under section 5;
  (c) the advertisement code under section
6;
  (d) the form of register to be maintained
by a cable operator under section 7;
  (e) any other matter which is required to
be, or may be, prescribed.
  (3) Every rule made under this Act shall
be laid, as soon as may be after it is made,
before each House of Parliament, while it
is in sessions, for a total period of thirty
days which may be comprised in one
session or in two or more successive
sessions, and if, before the expiry of the
session immediately following the session
or the successive sessions aforesaid, both
Houses agree in making any modification
in the rule or both Houses agree that the
rule should not be made, the rule shall
thereafter have effect only in such
modified form or be of no effect, as the
case may be; so, however, that any such
modification of annulment shall be
without prejudice to the validity of
anything previously done under that rule.
23.Ord .3 of 1995 Repeal and savings.
  (I) The Cable Television Networks
(Regulation) Ordinance, 1995 is hereby
repealed.
  (2) Notwithstanding such repeal,
anything done or any action taken under
the said Ordinance, shall be deemed to
have been done or taken under the
corresponding provision of this Act.
CABLE TELEVISION NETWORKS
RULES, 1994
(as amended upto 8.9.2000)


TO BE PUBLISHED IN THE
GAZETTE OF INDIA
(EXTRAORDINARY) PART II,
SECTION 3, SUB-SECTION

(i)
GOVERNMENT OF INDIA
MINISTRY OF INFORMATION AND
BROADCASTING

NOTIFICATION
New Delhi, the 29th September, 1994


G.S.R. 729 (E) – In exercise of the powers
conferred by sub-section (1) of section 22
of the Cable Television Networks
(Regulation) Ordinance, 1994 (Ordinance
No.9 of 1994) the Central Government
makes the following Rules namely:

G.S.R. 729 (E) – In exercise of the powers
conferred by sub-section (1) of section 22
of the Cable Television Networks
(Regulation) Ordinance, 1994 (Ordinance
No.9 of 1994) the Central Government
makes the following Rules namely:

1. Short title and commencement .- (1)
These rules may be called the Cable
Television Networks Rules, 1994.
 (2) They shall come into force on the
date of their publication in the Official
Gazette.
2. Definitions – In these rules unless the
context otherwise requires:-
 (a) “cable operator” means any person
who provides cable service through a
cable television network or otherwise
control or is responsible for the
management and operation of a cable
television network;
  (b) “cable service” means the
transmission by cables of programmes
including re-transmission by cables of any
broadcast television signals;
  (c) “cable television network” means any
system consisting of a set of closed
transmission paths and associated signals
generation, control and distribution
equipment, designed to provide cable
service for reception by multiple
subscribers;
  (d) “company” means a company defined
in section 3 of the Companies Act, 1956;
  (e) “form” means form appended to these
rules;
  (f) “person “ means –
  (i) an individual who is a citizen of India;
  (ii) an association of individuals or body
of individuals, whether incorporated or
not, whose members are citizens of India;
  (iii) a company in which not less fifty-
one percent of the paid-up share capital is
held by the citizens of India :
  (g) “programme” means any television
broadcast and includes;
  (i) exhibition of films, features, dramas,
advertisements and serials through video
cassette recorders or video cassette
players;
  (ii) any audio or visual or audio-visual
live performance or presentation; and the
expression “programming service” shall
be construed accordingly;
  (h) “registering authority” means the
registering authority notified under clause
(h) of section 2 of the Cable Television
Networks (Regulation) Ordinance 1994;
  (i) “subscriber” means a person who
receives the signal of cable television
network at a place indicated by him to the
cable operator, without further
transmitting it to any other person.
3. Application for registration as a
cable television network in India.
  (I) Every application for registration as a
cable television network in India shall be
made in writing in Form I and shall be
renewable after every twelve months.
  (2) The application shall be addressed to
the Registering Authority and delivered to
his office in Form 1.
  1 (3) (a) Every application for
registration or renewal of registration shall
be accompanied by –
    (i) a fee of rupees five hundred only;
and
    (ii) the requisite documents mentioned
in Form 1 and Form 2.
  1 (3) (b) Every application for issue of
duplicate certificate of registration shall be
accompanied by –
    (i) a fee of rupees two hundred and fifty
only; and
    (ii) the requisite documents mentioned
in Form 1.
  2 (4) The amount of fee shall be
deposited in the Head Post Office where
the application for registration or renewal
of registration or issue of duplicate
certificate of registration is being made.
  3 (5) The amount of the fees shall be
deposited under the Head ‘Un-Classified
Receipts (U.C.R.)’.
4. Examination of Applications:
  (I) On receipt of an application under
rule 3, the registering authority shall
examine the application having regard to
the provisions of section 4 of the
Ordinance.
5. Registration:-
  (I) On being satisfied that the applicant
fulfills the provisions of the Ordinance, the
registering authority shall issue a
registration certificate in Form 3.
  Provided that where the registering
authority is satisfied that the registration
cannot be granted to the applicant, he shall
inform the applicant in Form 4.
  4 (2) On receipt of an application under
clause (b) of sub-rule (3) of rule 3 for issue
of duplicate certificate the Registering
Authority shall examine the application
having regard to the provisions of rule 3
and shall issue a duplicate Registration
Certificate in Form 3 A.
6. Programme Code. –
  (I) No programme should be carried in
the cable service which:-
  (a) Offends against good taste or
decency:
  (b) Contains criticism of friendly
countries;
  (c) Contains attack on religions or
communities or visuals or words
contemptuous of religious groups or which
promote communal attitudes;
  (d) Contains anything obscene,
defamatory, deliberate, false and
suggestive innuendos and half truths;
  (e) Is likely to encourage or incite
violence or contains anything against
maintenance of law and order or which
promote-anti-national attitudes;
  (f) Contains anything amounting to
contempt of court;
  (g) Contains aspersions against the
integrity of the President and Judiciary;
  (h) Contains anything affecting the
integrity of the Nation;
  (i) Criticises, maligns or slanders any
individual in person or certain groups,
segments of social, public and moral life
of the country ;
  (j) Encourages superstition or blind
belief;
  (k) Denigrates women through the
depiction in any manner of the figure of a
women, her form or body or any part
thereof in such a way as to have the effect
of being indecent, or derogatory to
women, or is likely to deprave, corrupt or
injure the public morality or morals;
  (l) Denigrates children;
  (m) Contains visuals or words which
reflect a slandering, ironical and snobbish
attitude in the portrayal of certain ethnic,
linguistic and regional groups
  (n) Contravenes the provisions of the
Cinematograph Act, 1952.
  5 (o) is not suitable for unrestricted
public exhibition
  Explanation – For the purpose of this
clause, the expression “unrestricted public
exhibition” shall have the same meaning
as assigned to it in the Cinematograph Act,
1952 (37 of 1952);
  (2) The cable operator should strive to
carry programmes in his cable service
which project women in a positive,
leadership role of sobriety, moral and
character building qualities.
  (3) No cable operator shall carry or
include in his cable service any
programme in respect of which copyright
subsists under the Copyright Act, 1972 (14
of 1972) unless he has been granted a
licence by owners of copyright under the
Act in rest of such programme.
  (4) Care should be taken to ensure that
programmes meant for children do not
contain any bad language or explicit
scenes of violence.
  (5) Programmes unsuitable for children
must not be carried in the cable service at
times when the largest numbers of
children are viewing.
7. Advertising Code -
  (I) Advertising carried in the cable
service shall be so designed as to conform
to the laws of the country and should not
offend morality, decency and religious
susceptibilities of the subscribers.
  (2) No advertisement shall be permitted
which-
  (i) derides any race, caste, colour, creed
and nationality;
  (ii) is against any provision of the
Constitution of India.
  (iii) tends to incite people to crime, cause
disorder or violence, or breach of law or
glorifies violence or obscenity in any way
;
  (iv) presents criminality as desirable;
  (v) exploits the national emblem, or any
part of the Constitution or the person or
personality of a national leader or a State
dignitary;
  (vi) in its depiction of women violates
the constitutional guarantees to all
citizens. In particular, no advertisement
shall be permitted which projects a
derogatory image of women. Women must
not be portrayed in a manner that
emphasises passive, submissive qualities
and encourages them to play a
subordinate, secondary role in the family
and society. The cable operator shall
ensure that the portrayal of the female
form, in the programmes carried in his
cable service, is tasteful and aesthetic, and
is within the well established norms of
good taste and decency;
  (vii) exploits social evils like dowry,
child marriage.
  (viii) promotes directly or indirectly
production, sale or consumption of-
  (a) cigarettes, tobacco products, wine,
alcohol, liquor or other intoxicants;
  (b) infant milk substitutes, feeding bottle
or infant food.
  (3) No advertisement shall be permitted,
the objects whereof, are wholly or mainly
of a religious or political nature;
advertisements must not be directed
towards any religious or political end.
  (3A) No advertisement shall contain
references which hurt religious sentiments.
  (4) The goods or services advertised shall
not suffer from any defect or deficiency as
mentioned in Consumer Protection Act,
1986.
  (5) No advertisement shall contain
references which are likely to lead the
public to infer that the product advertised
or any of its ingredients has some special
or miraculous or super-natural property or
quality, which is difficult of being proved.
  (6) The picture and the audible matter of
the advertisement shall not be excessively
‘loud;
  (7) No advertisement which endangers
the safety of children or creates in them
any interest in unhealthy practices or
shows them begging or in an undignified
or indecent manner shall not be carried in
the cable service.
  (8) Indecent, vulgar, suggestive,
repulsive or offensive themes or treatment
shall be avoided in all advertisements.
  (9) No advertisement which violates the
standards of practice for advertising
agencies as approved by the Advertising
Agencies Association of India, Bombay,
from time to time shall be carried in the
cable service.
  (10) All advertisement should be clearly
distinguishable from the programme and
should not in any manner interfere with
the programme viz., use of lower part of
screen to carry captions, static or moving
alongside the programme.
8. Register -
  Each cable operator shall maintain a
register in Form 5 for each month of the
year for which the registration is granted.


TO BE DISPLAYED PROMINENTLY
ON THE PREMISES OF THE CABLE
OPERATOR.



* Tick whichever is appropriate.


10FORM 3A
(See Rule 5(2))
Government of India
Head Post Office

DUPLICATE REGISTERATION
CERTIFICATE

1.
Shri/Shrimati/M/s……….resident              of
…………………is registered as a cable
operator
*(individual/firm/company/association of
persons or body of individuals) for running
a cable television network at the following
address ………..in the city/town of
………for a period of twelve months with
effect from…………(date from which the
original Registration Certificate was valid).

His Registration number is ……………
2.
This Certificate is valid only for the
premises stated above.
3.
This Registration Certificate is not
transferable.
4.
The Certificate shall remain valid for the
period indicated above or till the holder
carries on the cable service or where the
surrender of the certificate is accepted by
the competent authority.



Head Post Master

Head Post Office

…..(town/city)



Place:
Date:



TO BE DISPLAYED PROMINENTLY
ON THE PREMISES OF THE CABLE
OPERATOR



* Tick whichever is appropriate


FORM 4
(See proviso to rule 5 (1))

To

Sir,

Reference your application dated -----------
-- for registration as a cable operator. The
necessary registration cannot be granted to
you                                     for
the following reason (s): -

1.
Application is incomplete.
2.
Registration fee has not been tendered.
3.
Applicant is not a citizen of India.
4.
Less than fifty one percent of the paid-up
share capital of the applicant company is
held by citizens of India.



Head Post Master

Head Post Office
Place:

-----------------



Date:




FORM 5
(See rule 8)

Form of register to be maintained by each
cable operator.

SI NO
S
I Encrypted Channel Dura Da Mo Ye
N / Programme       tion te nth ar
O
                     Fr T
                     om o
1 2                  3 4 5 6   7
Encrypted Channel/ Programme
Duration
Date
Month
Year


Signature of cable operator
DRUGS CONTROL ACT, 1950

Title : THE DRUGS (CONTROL) ACT,
1950

Year : 1950

Act :
THE DRUGS (CONTROL) ACT, 1950

ACT NO. 26 OF 1950

[7th April, 1950.]


An Act to provide for the control of the
sale, supply and distribution of drugs.

BE it enacted by Parliament as follows:--


1.Short title and extent.
1. Short title and extent. (1) This Act may
be called the Drugs
(Control) Act, 1950.

(2) It extends to 1*[the territories which,
immediately before the 1st November,
1956, were comprised in Part C States].


2.Interpretation.


2. Interpretation. (1) In this Act, unless the
context otherwise requires,--

(a) "dealer" means a person carrying on,
either personally or through any other
person, the business of selling any drugs,
whether wholesale or retail;

(b) "drug" means any drug as defined in
clause (b) of section 3 of the Drugs Act,
1940 (23 of 1940), in respect of which a
declaration has been made under section 3;

(c) "offer for sale" includes a reference to
an intimation by a person of the price
proposed by him for a sale of any drug,
made by the publication of a price list, by
exposing the drug for sale in association
with a mark indicating price, by the
furnishing of a quotation or otherwise
howsoever;

(d) "producer" includes a manufacturer.

2*[(1-A) As from the 1st November, 1956,
any reference in this
Act to the Central Government or the
Chief Commissioner shall, in relation to
the territories which, immediately before
the 1st
November, 1956, were comprised in the
Part C State of Ajmer or Bhopal and
Vindhya Pradesh or Coorg or Kutch, be
construed as a reference to the State
Government of Rajasthan or Madhya
Pradesh or Mysore or
Bombay, as the case may be.]

(2) A drug shall be deemed to be in the
possession of a person--

(i) when it is held on behalf of that person
by another person or when held by that
person on behalf of another person;

(ii) notwithstanding that it is mortgaged to
another person.
----------------------------------------------------
------------------
1. Subs. by the Adaptation of Laws (No. 3)
Order, 1956, for "all
Part C states".
Repealed in its application to Kutch Area
of Bombay by Bombay Act 11.of 1960.
2. Ins., ibid.
78.3.Drugs to which this Act applies.


3. Drugs to which this Act applies. The
Central Government may, by
1*notification in the Official Gazette,
declare any drug to be a drug to which this
Act applies.


4.Fixing of maximum prices and
maximum quantities which may be held
orsold.


4. Fixing of maximum prices and
maximum quantities which may be held or
sold. (1) The Chief Commissioner may, by
notification in the
Official Gazette, fix in respect of any drug-
-

(a) the maximum price or rate which may
be charged by a dealer or producer;

(b) the maximum quantity which may at
any one time be possessed by a dealer or
producer;

(c) the maximum quantity which may in
any one transaction be sold to any person.

(2) The prices or rates and the quantities
fixed in respect of any drug under this
section may be different in different
localities or for different classes of dealers
or producers.


5.Restrictions on sale, etc., where
maximum is fixed under section 4.5.
Restrictions on sale, etc., where maximum
is fixed under section 4. No dealer or
producer shall--

(a) sell, agree to sell, offer for sale or
otherwise dispose of, to any person any
drug for a price or at a rate exceeding the
maximum fixed by notification under
clause (a) of sub-section (1) of section 4;

(b) have in his possession at any one time a
quantity of any drug exceeding the
maximum fixed by notification under
clause (b) of sub-section (1) of section 4;
or

(c) sell, agree to sell or offer for sale to any
person in any one transaction a quantity of
any drug exceeding the maximum fixed by
notification under clause (c) of sub-section
(1) of section 4.6.General limitation on
quantity which may be possessed at any
one time.


6. General limitation on quantity which
may be possessed at any one time. (1) No
person shall have in his possession at any
one time a greater quantity of any drug to
which this section applies than the quantity
necessary for his reasonable needs.

(2) This section shall apply only to such
drugs as the Chief
Commissioner may, by order published in
the Official Gazette, specify for the
purpose:

Provided that nothing contained in this
section shall apply to a dealer or producer
in respect of any drug sold or produced by
him.


7.Duty to declare possession of excess
stocks.


7. Duty to declare possession of excess
stocks. Any person having in his
possession a quantity of any drug
exceeding that permitted by or under this
Act shall forthwith report the fact to the
Chief
Commissioner or other officer empowered
in this
----------------------------------------------------
------------------
1. For instance see S.R.O. 1379, dated the
4th August, 1952, Gazette of India, Pt. II,
Sec. 3, p. 1216.79.behalf by the Chief
Commissioner, and shall take such action
as to the storage, distribution or disposal of
the excess quantity as the Chief
Commissioner may direct.


8.Refusal to sell.


8. Refusal to sell. No dealer or producer
shall, unless previously authorized to do so
by the Chief Commissioner, without
sufficient cause refuse to sell to any person
any drug within the limits as to quantity, if
any, imposed by this Act.

Explanation.--The possibility or
expectation of obtaining a higher price for
a drug at a later date shall not be deemed
to be a sufficient cause for the purpose of
this section.


9.Cash memorandum to be given of certain
sales.


9. Cash memorandum to be given of
certain sales. (1) Every dealer or producer
when selling any drug for cash shall, if the
amount of the purchase is five rupees or
more, in all cases, and, if the amount of the
purchase is less than five rupees, when so
requested by the purchaser, give to the
purchaser a cash memorandum containing
particulars of the transaction.
(2) The Chief Commissioner may, by
notification in the Official
Gazette, prescribe the particulars to be
contained in any such cash memorandum.

(3) The Chief Commissioner may, by
notification in the Official
Gazette, exempt specified areas, classes of
dealers or producers, or classes of drugs
from the operation of this section.


10.Marking of prices and exhibiting list of
prices and stocks.


10. Marking of prices and exhibiting list of
prices and stocks.
(1) The Chief Commissioner may direct
dealers or producers in general, or any
dealer or producer in particular, to mark
any drug exposed or intended for sale with
the sale prices or to exhibit on the premises
a price list of drugs held for sale and the
quantities of such drugs in his possession,
and may further give directions as to the
manner in which any such direction as
aforesaid is to be carried out.

(2) No dealer shall destroy, efface or alter
or cause to be destroyed, effaced or altered
any label or mark affixed to a drug and
indicating the price marked by a producer.


11.Obligation to state price separately on
composite offer.


11. Obligation to state price separately on
composite offer.
Where a dealer or producer makes an offer
to enter into a transaction for a
consideration to be given as a whole in
respect both of a sale of any drug and of
some other matter, the dealer or producer
making the offer shall state in writing the
price which he assigns to that drug, if he is
required to do so by any person to whom
the offer is made, and the offer shall be
deemed for the purposes of this Act to be
an offer to sell that drug at the price so
stated.

80


12.Prohibition or regulation of the disposal
of drugs.



2.. Prohibition or regulation of the disposal
of drugs. If in the opinion of the Chief
Commissioner it is necessary or expedient
so to do, he may, by order in writing--

(a) prohibit the disposal of any drug except
in such circumstances and under such
conditions as may be specified in the
order;

(b) direct the sale of any drug to any such
dealer or class of dealers and in such
quantities as may be specified in the order;

and make such further orders as appear to
him to be necessary or expedient in
connection with any order issued under
this section.


13.Penalties.


13. Penalties. (1) Whoever contravenes
any of the provisions of this Act or fails to
comply with any direction made under
authority conferred by this Act shall be
punishable with imprisonment for a term
which may extend to three years, or with
fine, or with both.

(2) A Court convicting any person of an
offence punishable under this Act may
order that the whole or any part of the
stock of drugs in respect of which the
offence was committed shall be forfeited
to the
Government.

(3) It shall be a defence for a person
charged with a contravention of any of the
provisions of this section to prove that, in
relation to the matter in respect of which
he is charged, he acted in the course of his
employment as a servant or agent of
another person on the instructions of his
employer or of some other specified
person.


14.Offences by corporations.
14. Offences by corporations. Where a
person committing an offence punishable
under this Act is a company or an
association or a body of persons, whether
incorporated or not, every director,
manager, secretary, agent or other officer
or person concerned with the management
thereof, shall, unless he proves that the
offence was committed without his
knowledge or that he has exercised all due
diligence to prevent its commission, be
deemed to be guilty of such offence.


15.Procedure.


15. Procedure. (1) No person other than a
police-officer of or above the rank of an
Inspector of Police or an officer not below
the rank of an Inspector of Police
authorized in this behalf by the
Central Government by 1*notification in
the Official Gazette, shall investigate any
offence under this Act.

(2) No prosecution for any offence
punishable under this Act shall be
instituted except with the previous sanction
of the District
Magistrate.
----------------------------------------------------
------------------
1. For such notification see Gazette of
India, 1951, Pt. II, Sec. 3, p.
322.81.16.Power of search and seizure.


16. Power of search and seizure. Any
person competent to investigate any
offence under this Act may search any
place in which he has reason to believe
that an offence under this Act has been, or
is being committed, and take possession of
any stock of drugs in respect of which the
offence has been or is being committed
and the provisions of the Code of Criminal
Procedure, 1898 (5 of 1898), shall, so far
as may be applicable, apply to any search
or seizure under this
Act as they apply to any search or seizure
made under the authority of a warrant
issued under section 98 of that Code.


17.Power to make rules.


17. Power to make rules. (1) The Central
Government may make rules to carry out
the purposes of this Act.

(2) In particular, and without prejudice to
the generality of the foregoing power, such
rules may provide for all or any of the
following matters, namely,--

(a) the maintenance by dealers and
producers generally, or by any dealer or
producer in particular, of records of all sale
and purchase transactions made by them;

(b) the furnishing of any such information
as may be required with respect to the
business carried on by any dealer or
producer;

(c) the inspection of any books of account
or other documents belonging to or under
the control of any dealer or producer.


18.Protection of action taken in good faith.


18. Protection of action taken in good
faith. No suit, prosecution or other legal
proceeding shall lie against any person for
anything in good faith done or intended to
be done under this Act.
19.Saving of other laws.


19. Saving of other laws. The provisions of
this Act shall be in addition to, and not in
derogation of, any other law for the time
being in force regulating any of the matters
dealt with in this Act.


20.Repeal of Ordinance 26 of 1949.20.
[Repeal of Ordinance 26 of 1949.] Rep. by
the Repealing and
Amending Act, 1957 (36 of 1957), s. 2 and
Sch. I.
PREVENTION OF FOOD
ADULTERATION ACT


Sr. Under               Content
No. Section
1. 2 (i-a) a Food is declared adulterated
     to m under this Clause.
2. 2 (1x) Food is declared Misbranded
             under this Clause.
3.     5     Import of adulterated /
             Misbranded food articles
             prohibited.
4.     7     Manufacture, Sale etc of food
             articles     adulterated      /
             Misbranded or contravenes
             any of the provision of the
             act.
5.    14 Warranty must for sale of
             food Read with Rule- 12(A)
6.    15 Notification          of      food
             poisoning         (notification
          enclosed)
7.   16   Penalties
8.   17   Offences by companies. Read
          with Rule – 12(B)
9.   19   Defences provided under Act
 Prevention of Food Adulteration Act,
                 1954
              (37 OF 1954)
          [29th September, 1954
An Act to make provision for the
prevention of adulteration of food.
Be it enacted by Parliament in the Fifth
Year of the Republic of India as follows:
—
Short title, extent and commencement
—
(1) This Act may be called the Prevention
of Food Adulteration Act, 1954.
(2) It extends to the whole of India .
(3) It shall come into force on such date2
as the Central Government may, by
notification in the Official Gazette,
appoint.
2. Definitions —
In this Act unless the context otherwise
requires,—
(i) "adulterant" means any material which
is or could be employed for the purposes
of adulteration;
(ia) "adulterated"—an article of food
shall be deemed to be adulterated—
(a) if the article sold by a vendor is not of
the nature, substance or quality demanded
by the purchaser and is to his prejudice, or
is not of the nature, substance or quality
which it purports or is represented to be;
(b) if the article contains any other
substance which affects, or if the article is
so processed as to affect, injuriously the
nature, substance or quality thereof;
(c) if any inferior or cheaper substance has
been substituted wholly or in part for the
article so as to affect injuriously the nature,
substance or quality thereof;
(d) if any constituent of the article has
been wholly or in part abstracted so as to
affect injuriously the nature, substance or
quality thereof ;
(e) if the article had been prepared, packed
or kept under insanitary conditions
whereby it has become contaminated or
injurious to health;
(f) if the article consists wholly or in part
of any filthy, putrid, , rotten, decomposed
or diseased animal or vegetable substance
or is insect-infested or is otherwise unfit
for human consumption;
(g) if the article is obtained from a
diseased animal;
(h) if the article contains any poisonous or
other ingredient which renders it injurious
to health;
(i) if the container of the article is
composed, whether wholly or in part, of
any poisonous or deleterious substance
which renders its contents injurious to
health;
(j) if any colouring matter other than that
prescribed in respect thereof is present in
the article, or if the amounts of the
prescribed colouring matter which is
present in the article are not within the
prescribed limits of variability;
(k) if the article contains any prohibited
preservative or permitted preservative in
excess of the prescribed limits;
(l) if the quality or purity of the article falls
below the prescribed standard or its
constituents are present in quantities not
within the prescribed limits of variability,
but which renders it injurious to health;
(m) if the quality or purity of the article
falls below the prescribed standard or its
constituents are present in quantities not
within the prescribed limits of variability
but which does not render it injurious to
health:
    Provided that, where the quality or
purity of the article, being primary food,
has fallen below the prescribed standards
or its constituents are present in quantities
not within the prescribed limits of
variability in either case, solely due to
natural causes and beyond the control of
human agency, then, such article shall not
be deemed to be adulterated within the
meaning of this sub-clause.
Explanation — Where two or more
articles of primary food are mixed together
and the resultant article of food—
(a) is stored, sold or distributed under a
name which denotes the ingredients
thereof; and
(b) is not injurious to health, then, such
resultant article shall not be deemed to be
adulterated within the meaning of this
clause;
(ii) "Central Food Laboratory" means
any laboratory or institute established or
specified under section 4;
(iii) "Committee" means the Central
Committee for Food Standards constituted
under section 3;
(iv) "Director of the Central Food
Laboratory" means the person appointed
by the Central Government by notification
in the Official Gazette as the Director of
the Central Food Laboratory and includes
any person appointed by the Central
Government in like manner to perform all
or any of the functions of the Director
under this Act:
    Provided that no person who has any
financial interest in the manufacture,
import or sale of any article of food shall
be appointed to be a Director under this
clause ;
(v) "food" means any article used as food
or drink for human consumption other than
drugs and water and includes—
(a) any article which ordinarily enters into,
or is used in the composition or
preparation of, human food,
(b) any flavouring matter or condiments,
and
(c) any other article which the Central
Government may, having regard to its use,
nature, substance or quality, declare, by
notification in the Official Gazette, as food
for the purposes of this Act;
(vi) "Food (Health) Authority" means the
Director of Medical and Health Services or
the Chief Officer in-charge of Health
administration in a State, by whatever
designation he is known, and includes any
officer empowered by the Central
Government or the State Government, by
notification in the Official Gazette, to
exercise the powers and perform the duties
of the Food (Health) Authority under this
Act with respect to such local area as may
be specified in the notification;
(vii) "local area" means any area, whether
urban or rural, declared by the Central
Government or the State Government by
notification in the Official Gazette, to be a
local area for the purposes of this Act;
(viii) "local authority" means in the case
of :—
(1) a local area which is—
   (a) a municipality, the municipal board
or municipal corporation;
  (b) a cantonment, the cantonment
authority ;
  (c) a notified area, the notified area
committee;
(2) any other local area, such authority as
may be prescribed by the Central
Government or the State Government
under this Act;
(viiia) "Local (Health) Authority", in
relation to a local area, means the officer
appointed by the Central Government or
the State Government, by notification in
the Official Gazette, to be in-charge of
Health administration in such area with
such designation as may be specified
therein:
(viiib) "manufacture" includes any
process incidental or ancillary to the
manufacture of an article of food;
(ix) "misbranded"— an article of food
shall be deemed to be misbranded—
   (a) if it is an imitation of, or is a
substitute for, or resembles in a manner
likely to deceive, another article of food
under the name of which it is sold, and is
not plainly and conspicuously labelled so
as to indicate its true character;
   (b) if it is falsely stated to be the
product of any place or country;
   (c) if it is sold by a name which belongs
to another article of food;
    (d) if it is so coloured, flavoured or
coated, powdered or polished that the fact
that the article is damaged is concealed or
if the article is made to appear better or of
greater value than it really is;
  (e) if false claims are made for it upon
the label or otherwise;
   (f) if, when sold in packages which have
been sealed or prepared by or at the
instance of the manufacturer or producer
and which bear his name and address, the
contents of each package are not
conspicuously and correctly stated on the
outside thereof within the limits of
variability prescribed under this Act;
  (g) if the package containing it, or the
label on the package bears any statement,
design or device regarding the ingredients
or the substances contained therein, which
is false or misleading in any material
particular; or if the package is otherwise
deceptive with respect to its contents;
  (h) if the package containing it or the
label on the package bears the name of a
fictitious individual or company as the
manufacturer or producer of the article;
  (i) if it purports to be, or is represented as
being, for special dietary uses, unless its
label bears such information as may be
prescribed concerning its vitamin, mineral,
or other dietary properties in order
sufficiently to inform its purchaser as to its
value for such uses;
 (j) if it contains any artificial flavouring,
artificial colouring or chemical
preservative, without a declaratory label
stating that fact, or in contravention of the
requirements of this Act or rules made
thereunder;
 (k) if it is not labelled in accordance with
the requirements of this Act or rules made
thereunder;
(x) "package" means a box, bottle, casket,
tin, barrel, case, receptacle, sack, bag,
wrapper or other thing in which an article
of food is placed or packed;
(xi) "premises" include any shop, stall, or
place where any article of food is sold or
manufactured or stored for sale;
(xii) "prescribed" means prescribed by
rules made under this Act;
(xiia) "primary food" means any article of
food, being a produce of agriculture or
horticulture in its natural form;
(xiii) "sale" with its grammatical variations
and cognate expressions, means the sale of
any article of food, whether for cash or on
credit or by way of exchange and whether
by wholesale or retail, for human
consumption or use, or for analysis, and
includes an agreement for sale, an offer for
sale, the exposing for sale or having in
possession for sale of any such article, and
includes also an attempt to sell any such
article;
(xiv) "sample" means a sample of any
article of food taken under the provisions
of this Act or of any rules made
thereunder;
(xv) the word "unwholesome" and
"noxious" when used in relation to an
article of food mean respectively that the
article is harmful to health or repugnant to
human use.
COMMENTS
(i) Even mere addition of salt to chili
powder makes it injurious to health as it
was still considered adulterated within the
meaning of sub-clause (m) of clause (ia) of
section 2 of the Act on the ground that the
quantity and purity of the article falls
below the prescribed standard ; Gauranga
Aich v. State of Assam, 1990 (2) FAC 41.

(ii) Liquor (including country liquor) is an
article used as a drink and is meant for
human consumption and for the purposes
of the Prevention of Food Adulteration
Act, 1954 is included in the definition of
"food" under clause (v) of section 2; State
of Himachal Pradesh v. Raja Ram, 1990
(2) FAC 231.
   GENERAL PROVISIONS AS TO
            FOOD
5. Prohibition of import of certain
articles of food —
   No person shall import into India—
(i) any adulterated food;
(ii) any misbranded food;
(iii) any article of food for the import of
which a licence is prescribed, except in
accordance with the conditions of the
licence ; and
(iv) any article of food in contravention of
any other provision of this Act or of any
rule made thereunder.
7. Prohibitions of manufacture, sale,
etc., of certain articles of food —
   No person shall himself or by any
person on his behalf manufacture for sale,
or store, sell or distribute—
(i) any adulterated food;
(ii) any misbranded food;
(iii) any article of food for the sale of
which a licence is prescribed, except in
accordance with the conditions of the
licence;
(iv) any article of food the sale of which is
for the time being prohibited by the Food
(Health) Authority in the interest of public
health;
(v) any article of food in contravention of
any other provision of this Act or of any
rule made thereunder; or
(vi) any adulterant.
Explanation.—For the purposes of this
section, a person shall be deemed to store
any adulterated food or misbranded food
or any article of food referred to in clause
(iii) or clause (iv) or clause (v) if he stores
such food for the manufacture therefrom of
any article of food for sale.
9. Food Inspectors —
   (1) The Central Government or the State
Government may, by notification in the
Official Gazette, appoint such persons as it
thinks fit, having the prescribed
qualifications to be food inspectors for
such local areas as may be assigned to
them by the Central Government or the
State Government, as the case may be:
   Provided that no person who has any
financial interest in the manufacture,
import or sale of any article of food shall
be appointed to be a food inspector under
this section.
 (2) Every food inspector shall be deemed
to be a public servant within the meaning
of section 21 of the Indian Penal Code (45
of 1860) and shall be officially subordinate
to such authority as the Government
appointing him, may specify in this behalf.
10. Powers of food inspectors —
   (1) A food inspector shall have
power—
       (a) to take samples of any article of
food from—
            (i) any person selling such
article;
           (ii) any person who is in the
course of conveying, delivering or
preparing to deliver such article to a
purchaser or consignee;
          (iii) a consignee after delivery
of any such article to him; and
       (b) to send such sample for analysis
to the public analyst for the local area
within which       such sample has been
taken;
       (c) with the previous approval of the
Local (Health) Authority having
jurisdiction in the local area concerned, or
with the previous approval of the Food
(Health) Authority, to prohibit the sale of
any article of food in the interest of public
health.
Explanation — For the purposes of sub-
clause (iii) of clause (a), "consignee" does
not include a person who purchases or
receives any article of food for his own
consumption.
   (2) Any food inspector may enter and
inspect any place where any article of food
is manufactured, or stored for sale, or
stored for the manufacture of any other
article of food for sale, or exposed or
exhibited for sale or where any adulterant
is manufactured or kept, and take samples
of such article of food or adulterant for
analysis:
     Provided that no sample of any article
of food, being primary food, shall be taken
under this sub-section if it is not intended
for sale as such food.
  (3) Where any sample is taken under
clause (a) of sub-section (1) or sub-section
(2), its cost calculated at the rate at which
the article is usually sold to the public shall
be paid to the person from whom it is
taken.
  (4) If any article intended for food
appears to any food inspector to be
adulterated or misbranded, he may seize
and carry away or keep in the safe custody
of the vendor such article in order that it
may be dealt with as hereinafter provided:
and he shall, in either case, take a sample
of such article and submit the same for
analysis to a public analyst:
   Provided that where the food inspector
keeps such article in the safe custody of
the vendor he may require the vendor to
execute a bond for a sum of money equal
to the value of such article with one or
more sureties as the food inspector deems
fit and the vendor shall execute the bond
accordingly.
    (4A) Where any article of food seized
under sub-section (4) is of a perishable
nature and the Local (Health) Authority is
satisfied that such article of food is so
deteriorated that it is unfit for human
consumption, the said Authority may, after
giving notice in writing to the vendor,
cause the same to be destroyed.
 (5) The power conferred by this section
includes power to break open any package
in which any article of food may be
contained or to break open the door of any
premises where any article of food may be
kept for sale:
     Provided that the power to break open
the package or door shall be exercised only
after the owner or any other person in
charge of the package or, as the case may
be, in occupation of the premises, if he is
present therein, refuses to open the
package or door on being called upon to do
so, and in either case after recording the
reasons for doing so:
     Provided further that the food
inspector shall, in exercising the powers of
entry upon, and inspection of any place
under this section, follow, as far as may be,
the provisions of the Code of Criminal
Procedure, 1973 (2 of 1974) relating to the
search or inspection of a place by a police
officer executing a search warrant issued
under that Code.
 (6) Any adulterant found in the
possession of a manufacturer or distributor
of, or dealer in, any article of food or in
any of the premises occupied by him as
such and for the possession of which he is
unable to account to the satisfaction of the
food inspector, and any books of account
or other documents found in his possession
or control and which would be useful for,
or relevant to, any investigation or
proceeding under this Act, may be seized
by the food inspector and a sample of such
adulterant submitted for analysis to a
public analyst:
     Provided that no such books of
account or other documents shall be seized
by the food inspector except with the
previous approval of the authority to which
he is officially subordinate.
 (7) Where the food inspector takes any
action under clause (a) of sub-section (1),
sub-section (2), sub-section (4) or sub-
section (6), he shall call one or more
persons to be present at the time when
such action is taken and take his or their
signatures.
     (7A) Where any books of account or
other documents are seized under sub-
section (6), the food inspector shall within
a period not exceeding thirty days from the
date of seizure, return the same to the
person from whom they were seized after
copies thereof or extracts therefrom as
certified by that person in such manner as
may be prescribed have been taken:
    Provided that where such person
refuses to so certify, and a prosecution has
been instituted against him under this Act,
such books of account or other documents
shall be returned to him only after copies
thereof or extracts therefrom as certified
by the court have been taken.
    (7B) When any adulterant is seized
under sub-section (6), the burden of
proving that such adulterant is not meant
for purposes of adulteration shall be on the
person from whose possession such
adulterant was seized.
 (8) Any food inspector may exercise the
powers of a police officer under section 42
of the Code of Criminal Procedure, 1973
(2 of 1974) for the purpose of ascertaining
the true name and residence of the person
from whom a sample is taken or an article
of food is seized.
 (9) Any food inspector exercising powers
under this Act or under the rules made
thereunder who—
    (a) vexatiously and without any
reasonable grounds of suspicion seizes any
article of food or adulterant; or
    (b) commits any other act to the injury
of any person without having reason to
believe that such act is necessary for the
execution of his duty; shall be guilty of an
offence under this Act and shall be
punishable for such offence with fine
which shall not be less than five hundred
rupees but which may extend to one
thousand rupees.
COMMENTS
 (i) It is not the law that the evidence of a
Food Inspector must necessarily need
corroboration from independent witnesses.
The evidence of the Food Inspector is not
inherently suspected, nor should it be
rejected on that ground. He discharges the
public function in purchasing an article of
food for analysis and if the article of food
so purchased in the manner prescribed
under the Act is found adulterated, he is
required to take action as per the law. He
discharges the public duty. His evidence is
to be tested on its own merits and if found
acceptable, the court would be entitled to
accept and rely on to prove prosecution
case; State of U.P. v. Hanif, AIR 1992 SC
1121.
 (ii) Where sample was not sent by Food
Inspector or by the complainant without
following the procedure as laid down in
the Act, cognizance is bad and is in
contravention of the law; Yamuna Sah v.
State of Bihar, 1990 (2) FAC 16.
(iii) The Food Inspector shall call one or
more persons present at the time of taking
of a sample; State of Orissa v. K. Appa
Rao Subudhi, 1990 (2) FAC 189; State of
Assam v. Sumermal Jain, 1990 (2) FAC
223.
 (iv) The Food Inspector is a public
servant. There is no cogent reason to
disbelieve his evidence; Ram Gopal
Aggarwal v. S.M. Mitra, 1989 (2) FAC
339.
 (v) Where outsiders who were present at
the spot refused to be cited as witness and
went away, then the Food Inspector did not
fault in calling independent witnesses;
Laxmidhar Saha v. State of Orissa, 1989
(1) FAC 364.
14A. Vendor to disclose the name, etc.,
of the person from whom the article of
food was purchased —
      Every vendor of an article of food
shall, if so required, disclose to the food
inspector the name, address and other
particulars of the person from whom he
purchased the article of food.
15. Notification of food poisoning —
    The Central Government or the State
Government may, by notification in the
Official Gazette, require medical
practitioners carrying on their profession in
any local area specified in the notification
to report all occurrences of food poisoning
coming within their cognizance to such
officer as may be specified in the
notification.
16. Penalties —
(1) Subject to the provisions of sub-section
(1A) if any person—
(a) whether by himself or by any other
person on his behalf, imports into India or
manufactures for sales or stores, sells or
distributes any article of food—
    (i) which is adulterated within the
meaning of sub-clause (m) of clause (ia) of
section 2 or misbranded within the
meaning of clause (ix) of that section or
the sale of which is prohibited under any
provision of this Act or any rule made
thereunder or by an order of the Food
(Health) Authority;
   (ii) other than an article of food referred
to in sub-clause (i), in contravention of any
of the provisions of this Act or of any rule
made thereunder; or
(b) whether by himself or by any other
person on his behalf, imports into India or
manufactures for sales or stores, sells or
distributes any adulterant which is not
injurious to health; or
(c) prevents a food inspector from taking a
sample as authorised by this Act; or
(d) prevents a food inspector from
exercising any other power conferred on
him by or under this Act; or
(e) being a manufacturer of an article of
food, has in his possession, or in any of the
premises occupied by him, any adulterant
which is not injurious to health; or
(f) uses any report or certificate of a test or
analysis made by the Director of the
Central Food Laboratory or by a public
analyst or any extract thereof for the
purpose of advertising any article of food;
or
(g) whether by himself or by any other
person on his behalf, gives to the vendor a
false warranty in writing in respect of any
article of food sold by him, he shall, in
addition to the penalty to which he may be
liable under the provisions of section 6, be
punishable with imprisonment for a term
which shall not be less than six months but
which may extend to three years, and with
fine which shall not be less than one
thousand rupees:
Provided that—
(i) if the offence is under sub-clause (i) of
clause (a) and is with respect to an article
of food, being primary food, which is
adulterated due to human agency or is with
respect to an article of food which is
misbranded within the meaning of sub-
clause (k) of clause (ix) of section 2; or
(ii) if the offence is under sub-clause (ii) of
clause (a), but not being an offence with
respect to the contravention of any rule
made under clause (a) or clause (g) of sub-
section (1A) of section 23 or under clause
(b) of sub-section (2) of section 24. the
court may, for any adequate and special
reasons to be mentioned in the judgment,
impose a sentence of imprisonment for a
term which shall not be less than three
months but which may extend to two
years, and with fine which shall not be less
than five hundred rupees:
      Provided further that if the offence is
under sub-clause (ii) of clause (a) and is
with respect to the contravention of any
rule made under clause (a) or clause (g) of
sub-section (1A) of section 23 or under
clause (b) of sub-section (2) of section 24,
the court may, for any adequate and
special reasons to be mentioned in the
judgment, impose a sentence of
imprisonment for a term which may extend
to three months and with fine which may
extend to five hundred rupees.
(1A) If any person whether by himself or
by any other person on his behalf, imports
into India or manufactures for sale, or
stores, sells or distributes,—
   (i) any article of food which is
adulterated within the meaning of any of
the sub-clauses (e) to (l) (both inclusive) of
clause (ia) of section 2; or
  (ii) any adulterant which is injurious to
health, he shall, in addition to the penalty
to which he may be liable under the
provisions of section 6, be punishable with
imprisonment for a term which shall not be
less than one year but which may extend to
six years and with fine which shall not be
less than two thousand rupees:
      Provided that if such article of food
or adulterant when consumed by any
person is likely to cause his death or is
likely to cause such harm on his body as
would amount to grievous hurt within the
meaning of section 320 of the Indian Penal
Code (45 of 1860), he shall be punishable
with imprisonment for a term which shall
not be less than three years but which may
extend to term of life and with fine which
shall not be less than five thousand rupees.
(1AA) If any person in whose safe custody
any article of food has been kept under
sub-section (4) of section 10, tampers or in
any other manner interferes with such
article, he shall be punishable with
imprisonment for a term which shall not be
less than six months but which may extend
to two years and with fine which shall not
be less than one thousand rupees.
(1B) If any person in whose safe custody
any article of food has been kept under
sub-section (4) of section 10, sells or
distributes such article which is found by
the magistrate before whom it is produced
to be adulterated within the meaning of
sub-clause (h) of clause (ia) of section 2
and which, when consumed by any person,
is likely to cause his death or is likely to
cause such harm on his body as would
amount to grievous hurt within the
meaning of section 320 of the Indian Penal
Code (45 of 1860), then, notwithstanding
anything contained in sub-section (1AA),
he shall be punishable with imprisonment
for a term which shall not be less than
three years but which may extend to term
of life and with fine which shall not be less
than five thousand rupees.
(1C) If any person contravenes the
provisions of section 14 or section 14A, he
shall be punishable with imprisonment for
a term which may extend to six months
and with fine which shall not be less than
five hundred rupees.
(1D) If any person convicted of an offence
under this Act commits a like offence
afterwards, then, without prejudice to the
provisions of sub-section (2), the court,
before which the second or subsequent
conviction takes place, may order the
cancellation of the licence, if any, granted
to him under this Act and thereupon such
licence shall, notwithstanding anything
contained in this Act, or in the rules made
thereunder, stand cancelled.
(2) If any person convicted of an offence
under this Act commits a like offence
afterwards it shall be lawful for the court
before which the second or subsequent
conviction takes place to cause the
offender’s name and place of residence,
the offence and the penalty imposed to be
published at the offender’s expense in such
newspapers or in such other manner as the
court may direct. The expenses of such
publication shall be deemed to be part of
the cost attending the conviction and shall
be recoverable in the same manner as a
fine.
COMMENTS
(i) The sample of milk procured from the
accused (milk vendor) was declared to be
adulterated on the sole ground that there
was some deficiency in milk solids, non-
fats. Since the adulteration is of a minor
nature, the conviction of accused is
reduced from 3 months imprisonment to
fine; Khem Chand v. State of Himachal
Pradesh, AIR 1994 SC 226.
(ii) Where til oil was not commonly used
in the area for human consumption,
accused could not be found guilty and his
conviction was to be set aside; Laxmidhar
Sahu v. State of Orissa, 1989 (1) FAC 364
; 1989 FAJ 463.
16A. Power of court to try cases
summarily —
      Notwithstanding anything contained
in the Code of Criminal Procedure, 1973
(2 of 1974), all offences under sub-section
(1) of section 16 shall be tried in a
summary way by a Judicial Magistrate of
the first class specially empowered in this
behalf by the State Government or by a
Metropolitan Magistrate and the provisions
of sections 262 to 265 (both inclusive) of
the said Code shall, as far as may be, apply
to such trial:
     Provided that in the case of any
conviction in a summary trial under this
section, it shall be lawful for the magistrate
to pass a sentence of imprisonment for a
term not exceeding one year:
     Provided further that when at the
commencement of, or in the course of, a
summary trial under this section it appears
to the magistrate that the nature of the case
is such that a sentence of imprisonment for
a term exceeding one year may have to be
passed or that it is, for any other reason,
undesirable to try the case summarily, the
Magistrate shall after hearing the parties,
record an order to that effect and thereafter
recall any witness who may have been
examined and proceed to hear or rehear the
case in the manner provided by the said
Code.
COMMENTS
     This section is an exception to section
262(2) of the Code of Criminal Procedure,
1973 (2 of 1974). The word ‘shall’ may be
understood as ‘may’ when a case is tried in
a summary way. The procedure to be
followed is of a summons case; Chandak
v. Food Inspector, 1990 (1) FAC 76.


RELEVANT EXTRACTS FROM PFA
RULES
9. Duties of Food Inspector:- It shall be
the duty of the food inspector--


   (a) to inspect as frequently as may be
     prescribed by the Food (Health )
     Authority all establishments licensed
     for the manufacture, storage or sale of
     an article of food within the area
     assigned to him;
(b) to satisfy himself that the conditions
  of the licences are being observed;

(c) to procure and send for analysis; of
  necessary, samples of any articles of
  food which he has reason of suspect
  are being manufactured, stocked or
  sold or exhibited for sale in
  contravention of the provisions of the
  Act or rules thereunder;

(d) to investigate any complaint which
  may be made to him in writing in
  respect of any contravention of the
  provisions of the Act, or rules framed
  thereunder;

(e) to maintain a record of all
  inspections made and action taken by
  him in the performance of his duties,
 including the taking of sample and
 the seizure of stocks, and to submit
 copies of such record to the health
 officer or the Food (Health) Authority
 as directed in this behalf.

(f) To make such enquiries and
  inspections as may be necessary to
  detect the manufacture, storage or
  sale of articles of food in contra-
  vention of the Act or rules framed
  thereunder;

(g) To stop any vehicle suspected to
  contain any food intended for sale or
  delivery for human consumption;

(h) When so authorised by the health
  officer, having jurisdiction in the
  local area concerned or the Food
  (Health)   Authority,    to   detain
     imported packages which he has
     reasons to suspect contain food, the
     import or sale of which is prohibited.

   (i) To person such other duties as may
     be entrusted to him by the health
     officer having jurisdiction in the local
     area concerned or Local (Health)
     Authority or the Food (Health)
     Authority;

 Prevention of Food Adulteration Act :
           Important Rules

Sr. Rules              Content
No.
1. 5      Definitions and Standards of
          Quality (as per Appendix –B)
2. 12     Notice to take sample
 3 12-A Warranty Form –VI-A
4. 12(B) Nomination Form-VIII
5. 23     Unauthorised      addition    of
          colouring matter prohibited.
6. 24     Extraeous addition of colouring
          matter to me mentioned on the
          label.
7. 25     Use of Caramel permitted
8. 26     Permitted natural colours
9. 27     Addition of Inorganic matters
          and pigments prohibited
10. 28    Synthetic food colours which
          may be used.
11. 29    Food Articles to which synthetic
          food colours can be added as
          permitted by law.
12. 30    Maximum limit of permitted
          synthetic food colours.

        Packing & labelling of Foods
13. 32(a) Package of food to carry a label.
    to (i) Note : Recent Notification of
           Labelling     of    veg.   food
           (Notification enclosed)
14 33   Language required for labeling
        should be in English or Hindi
15 37   Labels not to contain false or
        misleading statement
16 43-A Restriction on advertisement

   Prohibition and Regulation of sales
17 44      Sales of certain admixtures
           prohibited
18 As per Prohibition of sale of Gutkha :
   section
   7(4) of Food (Health) Authority and
   the     Commissioner Food & Drugs
   act.    Control           Administration,
           Gandhinagar with order No.
           PFA/1097/545351/I           dated
           30/9/97 has taken a measure to
           prevent the children and a
           youngsters     from     becoming
           addict of tobacco mixed Guthka
           by prohibility the sale of Guthka
           within 100 m.c.k. from the
          periphery of any educational
          Indsitution by exercising powers
          under section 7(4) of the PFA
          Act, 1954.

19 44-A Prohibition       of    sale     of
         Kesaridal/Gram etc.
20 44-AA Prohibition of use of carbide gas
         in ripening of fruits
21 44-   Prohibition of use of mineral oil
   AAA
22 44-F Restriction on scale of irradiated
         Food
23 44-G Condition for scale of Favoured
        tea.
24 47   Restriction on use and sale of
        artificial sweetners.
25 48   Use of flesh of naturally dead
        animals or fowls prohibited
26 48-B Sale of insect damaged dry fruits
        & nuts
27 48-C Sale of Food Additives
28 49   Conditions for sale.
29 50   Food licence and conditions. As
        per Rule – 5 of the Gujrarat
        prevention of Food Adulteration
        Rules 1955. The person who
        wishes to obtain food licence has
        to apply in Form –A to the
        licensing authorities with below
        mentioned documents.
          Documents    :   Required   for
          licence :
          1) Application     Form     –A
          (enclosure)
          2)   Twp      photographs    of
          owner/Partners/Director/nominee
          3) Block Plan- 3 signed copies
          with measurements
          4) List of Food articles
          alongwith approximate daily
productioner sales and stock – 2
signed copies.
5) Proof of ownership of place.
6)                   Partnership
Deed/memorandum of article of
the company with present
complete        address       of
partners/Directors.
7) List of machinery & details of
processing.
8) Companies manufacturing
food articles should submit
copies of the labels alongwith
Brands used by them.

From whom food license can be
obtained :-
The State of Gujarat is divided
into different areas with separate
licensing authorieis. Food units
          under                   municipal
          corporation/Municipalities/nagar
          Palikas      having      licensing
          authorities has to apply to
          respective authorities for food
          licence. Food units in areas
          other than these notified areas
          has to apply to respective Local
          Health Authorities of Food &
          Drugs Control Administration
          allotted in almost all districts.
          The detailed notification of
          licensing authority is as under :
          (Notification)          Licensing
          Authorities.

30 As per Schedule of license fees
   section chargeable under section 24 (2)
   24(2). of PFA Act, 1954 for licencing
           certain Trades. Appendix A(1)
           and A(3).
31 50     Register to be maintained for
   (12)   manufacturer or whole sale
          dealer    in   butter,    ghee,
          hydrogenated vegitable oils,
          edible oils and other fats and
          also in spices (Performa
          enclosed)

32 51     Duration of licences
33        The Gujarat PFA rules 1961
          (Rule 5(3))
34 53     Class – I and Class –II
          preservatives
35 54     Use of more than one class –II
          preservative prohibited
36 55     Class –II preservatives can be
          used only those food articles as
          permitted by law.
37 56     Container of food which
          contains preservative not to be
          marked pure.
38 59    Restriction on use of anti-
         oxidants
39 60    Use      of   emulsifying     and
         stabilizing agent
40 61    Restriction on use of emulsifying
         and stabilizing agent
41 63-A Restriction on use of flavouring
         agents
42 64-BB Extraneous        addition     of
         flavouring     agents     to   be
         mentioned on the label
          Recent Amendments
Sr. Rules           Content
No.
43 A-32   Mineral                 water
          (Notification)
44 A-33   Packaged Drinking water
          (other than mineral water)
45 Rule   Best Before (As shown in
    32(i) rule 32 (i) as substituted by
             notification No. GSR 537
             (e) dated 13-6-2000 (w.e.f
             1-9-2000)

46           Complusory            BIS
             Certification    of Food
             products under PFA rules
             –    1955     (list given
             enclosed)

47           The edible oil packaging
             Regulation order – 1998.
48           Food, Civil supplies and
             consumer             affairs
             department,     saclivalary
             crandlunagar.

49 42 (ZZZ) Labelling       of      non-
   16       vegetarian            foods.
            (notifications enclosed)
50 42(ZZZ) Labelling of vegetarian
     17      foods        (notifications
             enclosed)


          Recent Amendments
Sr. Rules           Content
No.
43 A-32   Mineral                 water
          (Notification)
44 A-33   Packaged Drinking water
          (other than mineral water)
45 Rule   Best Before (As shown in
    32(i) rule 32 (i) as substituted by
          notification No. GSR 537
          (e) dated 13-6-2000 (w.e.f
          1-9-2000)

46           Complusory            BIS
             Certification    of Food
             products under PFA rules
             –    1955     (list given
              enclosed)

47            The edible oil packaging
              Regulation order – 1998.
48            Food, Civil supplies and
              consumer             affairs
              department,     saclivalary
              crandlunagar.

49 42 (ZZZ) Labelling       of       non-
   16       vegetarian             foods.
            (notifications enclosed)
50 42(ZZZ) Labelling of vegetarian
   17       foods          (notifications
            enclosed)
DELHI PREVENTION OF
DEFACEMENT OF PROPERTIES
ACT, 2007
Power of SDMs to Compound the offences
made under this Act.
NATIONAL TRUST FOR THE
WELFARE OF PERSONS WITH
AUTISM,   CEREBRAL      PALSY,
MENTAL    RETARDATION      AND
MULTIPLE DISABILITIES ACT, 1999
 MINISTRY OF SOCIAL JUSTICE
   AND COMPANY AFFAIRS
     (Legislative Department)
  New Delhi, the 30th December,
    1999/Pausa 9, 1921 (Saka)
The following Act of Parliament received
 the assent of the President on the 30th
December,1999, and is hereby published
        for general information:-
   NATIONAL TRUST FOR THE
  WELFARE OF PERSONS WITH
   AUTISM, CEREBRAL PALSY,
    MENTAL RETARDATION
  AND MULTIPLE DISABILITIES
           ACT, 1999
         No.44 of 1999
[30th December, 1999.]
An Act to provide for the constitution of a
body at the national level for the Welfare
of Persons with Autism, Cerebral Palsy,
Mental Retardation and Multiple
Disabilities and for matters connected
therewith or incidental thereto.
Be it enacted by parliament in the Fiftieth
year of the Republic of India as follows:-
               CHAPTER I


PRELIMINARY
(a) "autism" means a condition of uneven
skill development primarily affecting the
communication and social abilities of a
person, marked by repetitive and ritualistic
behaviour;
(b) "Board" means Board of trustees
constituted under section 3;
(c) "Cerebral Palsy" means a group of non-
progressive conditions of a person
characterized by abnormal motor control
posture resulting from brain insult or
injuries occurring in the pre-natal ,
perinatal or infant period of development;
"Chairperson" means the 1. (1) This Act
may be called the National Trust For the
Welfare of Persons with Autism, Cerebral
Palsy, Mental Retardation and Multiple
Disabilities Act, 1999.
(2) It extends to the whole of India except
the State of Jammu & Kashmir.
2. In this Act, unless the context otherwise
requires,--
(d) Chairperson of the Board appointed
under clause (a) of sun-section (4) of
section 3;
(e) "Chief Executive Officer" means the
Chief Executive Officer appointed under
sub-section (I) of section 8;
(f) "Member" means a Member of the
Board and includes the Chairperson;
(g) "Mental Retardation" means a
condition of arrested or incomplete
development of mind of person which is
specially characterised by sub-normality of
intelligence;
(h) "Multiple Disabilities" means a
combination of two or more disabilities as
defined in clause (i) of section 2 of the
Person with Disabilities (Equal
Opportunities, Protection of Rights and
Full Participation) Act, 1995;
(i) "notification" means a notification
published in the official Gazette;
(j) "persons with disability" means a
person suffering from any of the
conditions relating to autism, Cerebral
Palsy, Mental Retardation or a
combination of any two or more of such
conditions and includes a person suffering
from severe multiple disability;
(k) "prescribed" means prescribed by rules
made under this Act;
(l) "professional" means a person who is
having special expertise in a field which
would promote the welfare of persons with
disability;
(m) "registered organisation" means an
association of persons with disability or an
association of parents of person with
disability or a voluntary organisation, as
the case may be, registered under section
12;
(n) "regulations" means the regulations
made by the Board under this Act;
(o) "severe disability" means disability
with eighty per cent or more of one or
more of Multiple Disabilities;
(p) "Trust" means the National Trust for
the Welfare of Persons with Autism,
Cerebral Palsy, Mental Retardation and
Multiple Disability constituted under sub-
section (I) of section 3.
              CHAPTER II
THE NATIONAL TRUST FOR
WELFARE OF PERSONS WITH
AUTISM, CEREBRAL PALSY,
MENTAL RETARDATION AND
MULTIPLE DISABILITY
3. (1) With effect from such date as the
Central Government may, by notification,
appoint there shall be constituted, for the
purposes of this Act, a body by the name
of the National Trust for Welfare of
Persons with Autism, Cerebral Palsy,
Mental Retardation and Multiple
Disabilities, which shall be a body
corporate by the name aforesaid, having
perpetual succession and a common seal,
with power, subject to the provisions of
Autism, Cerebral Palsy, Mental
Retardation and Multiple Disability, etc
this Act, to acquire, hold and dispose of
property, both movable and immovable,
and to contract, and shall, by the said
name, sue or be sued.
(2) The general superintendence, direction
and management of the affairs and
business of the Trust shall vest in a Board
which may exercise all powers and do all
acts and things which may be exercised or
done by the Trust.
(3) The head office of the Trust shall be at
New Delhi and the Board may, with the
previous approval of the Central
Government, establishment offices at other
places in India.
(4) The Board shall consist of--
(a) a Chairperson to be appointed by the
Central Government form amongst the
persons having expertise and experience in
the field of Autism, Cerebral Palsy, Mental
Retardation and Multiple Disability;
(b) nine persons to be appointed in
accordance with such procedure as may be
prescribed from amongst the registered
organizations out of which three members
each shall be from voluntary organizations,
association of parents of persons with
Autism, Cerebral Palsy, Mental
Retardation and Multiple Disability and
from association of persons with disability,
Members:
Provided that initial appointment under
this clause shall be made by the Central
Government by nomination;
(c) eight persons not below the rank of
Joint Secretary to the Government of India
nominated by that Government to
represent the Ministries of Departments of
Social Justice and Empowerment, Women
and Child Development , Health and
Family Welfare, Finance, Labour,
Education, Urban Affairs and Employment
and Rural Employment and Poverty
Alleviation, Members, ex officio;
(d) three persons to be nominated by the
Board representing the associations of
trade, commerce and industry engaged in
philanthropic activities, members;
(e) The Chief Executive Officer, who,
shall be of the rank of Joint Secretary to
the Government of India, Member -
Secretary, ex officio.
(5) The Board may associate with itself, in
such manner and for such purposes as may
be determined by regulations, any person
whose assistance or advice it may desire
for carrying out the objects of the Trust:
Provided that such person shall have a
right to take part in the discussions
relevant to that purpose but shall not have
a right to vote at meeting of the Board and
shall not be a member for any other
purpose:
Provided further that the maximum
number of persons so associated shall not
exceed eight and so far as possible person
so associated shall belong to the registered
organization or form the professionals
4. (1) The Chairperson or a Member shall
hold office for a term of three years from
the date of his (Term of office of
Chairperson and Members meeting of
Board, etc.) appointment or until his
successor shall have been duly appointed,
whichever is longer:
Provided that no person shall hold office as
the Chairperson or other Member after he
has attained the age of sixty-five years.
(2)The conditions of service of the
Chairperson and other Members shall be
such as may be prescribed.
(3) A casual vacancy in the Board shall be
filled in accordance with the provisions of
section 3 and a person appointed shall hold
office only for the remainder of the term
for which the member, in whose place he
was appointed, would have held that
office.
(4) Before appointing any person as the
Chairperson or a Member, the Central
Government shall satisfy itself that the
person does not and will not, have any
such financial or other interest as is likely
to affect prejudicially his functions as such
member.
(5) No Member of the Board shall be
beneficiary of the Trust during the period
such Member holds office.
(6) The Board shall meet at least once in
three months at such time and place as
may be determined by the Board by
regulations and shall observe such rules of
procedure in the transaction of business at
a meeting as may be prescribed.
(7) The Chairperson, if for any reason is
unable to attend the meeting of the Board,
any Member elected by the Members
present from amongst themselves at the
meeting, shall preside at the meeting.
(8) All questions which come up before
any meeting of the Board shall decided by
a majority of votes of the Members present
and voting, and in the event of an equality
of votes, the Chairperson, or in his
absence, the person presiding shall have a
second or casting vote.
5. (1) The Chairperson may resign his
office by writing under his hand addressed
to the Central (Resignation of
Chairperson and Members)Government:
Provided that the Chairperson shall
continue in office until the appointment of
his successor is made by Central
Government.
(2) A Member may resign from office by
writing under his hand addressed to the
Chairperson.
6. (Disqualifications) No person shall be a
Member if he-
(a) is, or becomes, of unsound mind or is
so declared by competent court; or
(b) is, or has been, convicted of an offence,
which in the opinion of the Central
Government, involves moral turpitude; or
(c) is, or at any time has been, adjudicated
as an insolvent.
7. (Vacation of office by Members) If a
member-
(a) becomes subject to any of the
disqualifications mentioned in section 6; or
(b) is, without obtaining leave of absence,
absent from three consecutive meetings of
the Board; or
(c) tenders his resignation under section 5,
his seat shall thereupon become vacant.
8.(Chief Executive Officer and staff of
Trust.)
(1) The Central Government shall appoint
the Chief Executive Officer to exercise
such powers and perform such duties
under the direction of the Board as may be
prescribed or as may be delegated to him
by Chairperson.
(2) The Board shall, with the previous
approval of the Central Government,
appoint such other officers and employees
as it considers necessary to carry out the
objectives of the Trust.
(3) The salary and allowances payable to,
and the other terms and conditions of
service of, the Chief Executive Officer,
other officers and employees of the Trust
shall be such may be determined by
regulations.
9. (Vacancies in Board not to invalidate
acts, etc. ) No act or proceeding of the
Board shall be called in question on the
grounds merely of the existence of any
vacancy in, or any defect in the
constitution of , the Board.
             CHAPTER III
OBJECTS OF THE TRUST
10. The objects of the Trust shall be-
(a) to enable and empower persons with
disability to live as independently and as
fully as possible within and as close to the
community to which they belong;
(b) to strengthen facilities to provide
support to persons with disability to live
within their own families;
(c) to extend support to registered
organizations to provide need based
services during the period of crisis in the
family of persons with disability.
(d) to deal with problems of persons with
disability who do not have family support;
(e) to promote measures for the care and
protection of persons with disability in the
event of death of their parent or guardian.
(f) To evolve procedure for the
appointment of guardians and trustees for
persons with disability requiring such
protection;
(g) To facilitate the realization of equal
opportunities , protection of rights and full
participation of persons with disability;
and
(h) To do any other act which is incidental
to the aforesaid objects.
              CHAPTER IV


POWERS AND DUTIES OF THE
BOARD
11. (1) The Board shall-
(a) receive from the Central Government a
one-time contribution of rupees one
hundred crores for a corpus, the income
whereof shall be utilized to provide for
adequate standard of living for persons
with disability;
(b) receive bequest of movable property
from any person for the benefit of the
persons with disability in general and for
furtherance of the objectives of the Trust in
particular;
Provided that it shall be obligatory on the
part of the Board to make arrangement for
adequate standard of living for the
beneficiary name in the bequest, if any,
and to utilize the property bequeathed for
any other purpose for which the bequest
has been made:
Provided further that the Board shall not be
under any obligation to utilize the entire
amount mentioned in the bequest for the
exclusive benefit of the persons with
disability named as beneficiary in the
bequest;
(c) receive from the Central Government
such sums as may be considered necessary
in each financial year for providing
financial assistance to registered
organizations for carrying out any
approved progaramme.
(2) For the purposes for sub-section (1),
the expression " approved programme"
means-
(a) any programme which promotes
independent living in the community for
persons with disability by-
i. creating a conducive environment in the
community;
ii. Counseling and training of family
members of persons with disability;
iii. Setting up of adult training units,
individual and group homes;
(b) Any programme which promotes
respite care, foster family care or day care
service for persons with disability;
(c) Setting up of residential hostels and
residential homes for persons with
disability;
(d) Development of self -help groups of
persons with disability to pursue the
realization of their rights;
(e) Setting up Local Level Committee to
grant approval for guardianship;
(f) Such other programmes which promote
the objectives of the Trust.
3. While earmarking funds for the
purposes of clause(c) of sub section(2),
preference shall be given to women with
disability or to persons with severe
disability and to senor citizens with
disability.
Explanation-For the purposes of this sub-
section, the expression,--
(a) "persons with severe disability" shall
have the same meaning as is assigned to it
under sub-section(4) of section 56 of the
Persons with Disabilities(Equal
opportunities, Protection of Rights and
Full Participation) Act, 1995;
(b) "senior citizens" means a person who is
above the age of sixty-five years or more.
              CHAPTER V
PROCEDURE FOR REGISTRATION
12. (1) Any association of persons with
disability, or any association of parents of
persons with disability or a voluntary
organization whose main object is
promotion of welfare of persons with
disability may make an application for
registration to the Board.
(2) An application for registration shall be
made in such form and manner and at such
place as the Board my by regulation
provide and shall contain such particulars
and accompanied with such documents and
such fees as may be provided in the
regulations.
(3) On receipt of application for
registration, the Board may make such
enquiries as it thinks fit in respect of
genuineness of the application and
correctness of any particulars thereon.
(4) Upon receipt of such application the
Board shall either grant registration to the
applicant or reject such application for
reasons to be recorded in writing.:
Provided that where registration has been
refused to the applicant, the said applicant
may again make an application for
registration after removing defects, if any,
in its previous application.
              CHAPTER VI


LOCAL LEVEL COMMITTEE
(Constitution of Local Level Committees
)
13. (1) The Board shall constitute a Local
Level Committee for such area as may be
specified by it from time to time.
(2) A Local Level Committee shall consist
of-
(a) an officer of the civil service of the
Union of the State, not below the rank of a
District Magistrate or a District
Commissioner of a district.
(b) A representative of a registered
organization; and
(c) A person with disability as defined in
clause (t) of section 2 of the Persons with
Disabilities (Equal opportunities ,
Protection of Rights and full Participation)
Act,1995.
(3) A Local Level Committee shall
continue to work for a period of three
years form the date of its constitution or
till such time it is reconstituted by the
Board.
(4) A Local Level Committee shall meet at
least once in every three months or at such
interval as may be necessary.
14.(Appointment for guardianship)
(1)A parent of a person with disability or
his relative may make an application to the
local level committee for appointment of
any person of his choice to act as a
guardian of the persons with disability.

(2) Any registered organization may make
an application in the prescribed form to the
Local Level Committee for appointment of
a guardian for a person with disability

Provided that no such application shall be
entertained by the Local Level Committee,
unless the consent of the guardian of the
disabled person is also obtained.
(3)While considering the application for
appointment of a guardian, the Local Level
Committee shall consider:-
-Whether the person with disability needs
a guardian;
-The purposes for which the guardianship
is required for person with disability.
(4)The Local Level Committee shall
receive, process and decide application
received under sub-sections (1) and (2), in
such manner as may be determined by
regulations:
Provided that while making
recommendation for the appointment of a
guardian, the Local Level Committee shall
provide for the obligations, which are to be
fulfilled by the guardian.
(5) The Local Level Committee shall send
to the Board the particulars of the
applications received by it and orders
passed thereon at such interval as may be
determined by regulations.

15. Every person appointed as a guardian
of persons with disability under this
Chapter shall, wherever required, either
have the care of such persons of disability
and his property or be responsible for the
maintenance of the person with disability.
16. (1) Every person appointed as a
guardian under section 14 shall, within a
period of six months from the date of his
appointment, deliver to the authority which
appointed him, an inventory of immovable
property belonging to the person with
disability and all assets and other movable
property received on behalf of the person
with disability, together with a statement
of all claims due to and all debts and
liabilities due by such person with
disability.
(2) every guardian shall also furnish to the
said appointing authority within a period
of three months at the close of every
financial year, an account of the property
and assets in his charge, the sums received
and disbursed on account of the person
with disability and the balance remaining
with him.
17. (1) Whenever a parent or a relative of a
person with disability or a registered
organization finds that the guardian is -
(a) abusing or neglecting a person with
disability; or
(b) misappropriating or neglecting the
property,
it may in accordance with the prescribed
procedure apply to the committee for the
removal of such guardian.
(2) Upon receiving such application the
committee may, if it is satisfied that there
is a ground for removal and for reasons to
be recorded in writing, remove such
guardian and appoint a new guardian in his
place or if such a guardian is not available
make such other arrangements as may be
necessary for the care and protection of
person with disability.
(3) Any person removed under sub-section
(2) shall be bound to deliver the charge of
all property of the person with disability to
the new guardian, and to account for all
moneys received or disbursed by him.
Explanation-For the purposes of this
chapter, the expression "relative" includes
any person related to the person with
disability by blood, marriage and adoption.
              CHAPTER VII


ACCOUNTABILTY AND
MONITORING
18. (1) The books and documents in the
possession of the Board shall be open to
inspection by any registered organization.
(2)Any registered organization can submit
a written requisition to the Board for
getting a copy of any book or document
maintained by the Board.
(3) The Board shall frame such regulation
as it thinks necessary for allowing the
access of any book or document to
registered organization.
19. The Board shall determine by
regulations the procedure for evaluating
the prefunding status of registered
organizations seeking financial assistance
form it and such regulations may also
provide for the guidelines for monitoring
and evaluating the activities of the
registered organizations who are receiving
financial assistance from the Trust.
20. (1) The Board shall in each year hold
an annual general meeting of registered
organizations, and not more than six
months shall elapse between the date of
one annual general meeting and that of the
next.
(2) A notice of the annual general meeting
along with a statement of accounts and
records of its activities during the
preceding year shall be sent by the Board
to every registered organization at such
time as may be determined by regulations.
(3) The quorum of such meeting shall be
such number of person of the registered
organizations as may be determined by
regulations.

             CHAPTER VIII


FINANCE, ACCOUNTS AND AUDIT
21.(Grants by the Central Government)
The Central Government may, after due
appropriation made by Parliament by law
in this behalf, make to the Trust a one-time
contribution of rupees one hundred crores
for a corpus, the income whereof may be
utilized to achieve the objects of the Trust
under this Act.
22.(Fund)
(1) There shall be constituted a Fund to be
called National Trust for the Welfare of
Persons with Autism, Cerebral Palsy,
Mental Retardation and Multiple
Disabilities Fund and there shall be
credited thereto-
(a) all moneys received from the Central
Government
(b) all moneys received by the Trust by
way of grants, gifts, donations,
beneficiaries, bequests and transfers;
(c) all moneys received by the Trust in any
other manner or from any other source.
(2) All moneys belonging to the fund shall
be deposited in such banks or invested in
such manner as the Board my, subject to
the approval of the Central Government,
decide.
(3) The Funds shall be applied towards
meeting the administrative and other
expenses of the Trust including expenses
incurred in the exercise of its powers and
performance of duties by the Board in
relation to any of its activities a under
section 10 or for anything relatable thereto.
23.(Budget)
The Board shall prepare, in such form and
at such time in each financial year as may
be prescribed, the budget for the next
financial year showing the estimated
receipt and expenditure of the Trust and
shall forward the same to the Central
Government.
24.(Accounts and audit)
(1) The Board shall maintain proper
accounts and other relevant records and
prepare an annual statement of accounts of
the Trust including the income and
expenditure accounts in such form as the
Central Government may prescribe and in
accordance with such general direction as
may be issued by that Government in
consultation with the Comptroller and
Auditor-General of India.
(2) The accounts of the Trust shall be
audited by the Comptroller and Auditor
General of India at such intervals as my be
specified by him and any expenditure
incurred by his in connection with such
audit shall be payable by Board to the
Comptroller and Auditor General of India.
(3) The Comptroller and Auditor General
of India and any other person appointed by
him in connection with the audit of
accounts of the Trust shall have the same
rights, privileges and authority in
connection with such audit as the
Comptroller and Auditor General of India
generally has in connection with the audit
of the Government accounts and in
particular, shall have right to demand the
production of books of account, connected
vouchers and other documents and papers
and to inspect any of the offices of the
Trust.
(4) The accounts of the Trust as certified
by the Comptroller and Auditor General of
India or any other person appointed by him
in this behalf , together with the audit
report thereon, shall be forwarded annually
to the Central Government, and that
Government shall cause the same to be laid
before each House of Parliament.
25.(Annual report)
The Board shall prepare every year , in
such form and within such time as may be
prescribed an annual report giving a true
and full account of its activities during the
previous year and copies thereof shall be
forwarded to the Central Government and
that Government shall cause the same to be
laid before each Hose of Parliament.
26.(Authentication of orders, etc.)
All orders and decisions of the Board and
instruments issued in the name of the Trust
shall be authenticated by the signature of
Chairperson, the Chief Executive Officer
or any other officer authorized by the
Chairperson in this behalf.
27.(Returns and information)
The Board shall furnish to the Central
Government such reports, returns and
other information as that Government may
require from time to time.


              CHAPTER IX


MISCELLANEOUS
28.(Power of Central Government to
issue directions)
(1) without prejudice to the foregoing
provisions of this Act, the Board shall, in
exercise of its powers or the performance
of its duties under this Act, be Bound by
such direction s on question s of policy as
the Central Government may give in
writing to it from time to time:
Provided that the Board shall, as far as
practicable, be given an opportunity to
express it views before any direction is
given under this sub-section.
(2) The decision of the Central
Government whether a question is one of
policy or not shall be final.
29.(Power of Central Government to
supersede Board)
(1) If the Central Government on the
complaint of a registered organization or
otherwise has reason to believe that the
Board is unable to perform or has
persistently made default in the
performance of the duties imposed on it,
The Central Government may issue notice
to the Board asking why it should not be
superseded:
Provided that no order superseding the
Board shall made by the Central
Government, unless a notice affording
reasonable opportunity to the Board has
been given in writing that why its should
not be superseded.
(2) The Central Government after
recording reasons in writing and by issuing
a notification in the Official Gazette
supersede the Board for a period of not
more that six months:
Provided that on the expiration of the
period of supersession, the Central
Government may reconstitute the Board, in
accordance with section 3.
(3) Upon the publication of the notification
under subsection(2),--
(a) all the members of the Board shall
notwithstanding that their term of office
had not expired as on the date of
supersession , vacate their office as such
members;
(b) all the powers and duties which may,
by or under the provision of this Act, be
exercised or performed by or on behalf of
the Trust shall during the period of
supersession, be exercised and performed
by such person or persons as the Central
Government may direct.
(4) on the expiration of the period of
supersession specified in the notification
issue dunder sub-section (2) , the Central
Government may---
(a) extend the period of supersession for
such further period as it may consider
necessary so that the total period of
superssion does not exceed more that six
months;
(b) reconstitute the Board in the manner
provided in section 3.
30.(Exemption from tax on Income)
Notwithstanding anything contained in the
Income-tax Act, 1961, or any other law for
the time being in force relating to tax on
income profits or gains, the Trust shall not
be liable to pay Income-tax or any other
tax in respect of its income, profits or gains
derived.
31.(Protection of action taken in good
faith)
No suit, prosecution or other legal
proceeding shall lie against the Central
Government or the Trust or any member of
the Board or Chief Executive Officer or
any officer or other employee of the Trust
or any other person authorized by the
Board to perform duties under this Act for
any loss or damage caused or li9kely to be
caused by anything which is done in good
faith.
Explanation-for the purposes of this
section, the expression" good faith" shall
have the same meaning as is assigned to its
in the Indian Penal Code.
32.(Chairperson, Members and officers
of Trust to be public servants )
All Members, Chief Executive Officer,
other officers and employees of the Trust
shall be deemed, when acting or purposing
to act in pursuance of any of the provisions
of this Act, to be public servant within the
meaning of section 21 of the Indian Penal
Code.
33.(Delegation)
The Board may, by general or special
order in writing, delegate to the
Chairperson or any member or any officer
of the Trust or any other person subject to
such conditions and limitations, if any, as
may be specified in the order such of its
powers under this Act (except the power to
make regulations under section 35 as it
may deem necessary)
34.(Power to make rules)
(1) The Central Government may, by
notification in the Official Gazette, make
rules for carrying out the provisions of this
Act.
(2) In a particular, and without prejudice to
the generality of the foregoing powers,
such rules may provide for all of the
following matters, namely:-
(a) the procedure in accordance with which
the persons representing registered
organization shall be elected under clause
(b) of sub -section (4) of section 3.
(b) The conditions of service of the
Chairperson and Members under Sub-
section (2) of section 4.
(c) The rules of procedure in the
transaction of business at meetings of the
Board under sub-section (6) of section 4.
(d) The posers and duties of the Chief
Executive Officer under sub-section (1) of
section 8.
(e) The form in which an application for
guardianship may be made by a registered
organization under Sub-section (2) of
section 14.
(f) The procedure in accordance with
which a guardian may be removed under
section 17.
(g) The form in which, and the time within
which, the budget of the Trust shall be
forwarded to the Central Government
under section 23.
(h) The form in which, and the time within
which, the annual reports shall be prepared
and forwarded under section 25;
(i) Any other matter which is required to
be, or may be, prescribed.
35.(Power to make regulation)
(1) The Board may, with the previous
approval of the Central Government, by
notification in the official gazette, make
regulations consistent with this Act and
rules generally to carry out the purposes of
this Act.
(2) in particular, and without prejudice to
the generality of the foregoing power, such
regulation may provide for all or any of the
following matters, namely:--
(a) the manner and purpose for which
person may be associated under sub-
section (5) of section 3.
(b) The time and place at which the Board
shall meet under sub-section (6) of section
4;
(c) The terms and conditions of service of,
Chief Executive Officer , other officers
and employees of the Trust under sub-
section (3) of section 8;
(d) The form and manner in which the
application shall be made for registration
under sub-section (2) of section and the
particulars which such application shall
contain under that sub-section;
(e) The manner in which application for
guardianship shall be received, processed
and decided by Local Level Committee
under sub-section (4) of section 14;
(f) The particulars of applications and
orders passed thereon by the Local Level
Committee under sub-section (5) of section
14;
(g) The procedure for evaluating the pre-
funding status of the registered
organizations and framing of guidelines for
monitoring and evaluating the activities of
such registered organization under section
19;
(h) The time within which notice for
annual general meeting shall be sent and
quorum for such meeting under sub-
section (2) and (3) of section 20 and;
(i) Any other matter which is required to
be, or may be, provided by regulations.
36.(Rules and regulations to be laid
before Parliament)
Every rule and every regulation made
under this Act shall be laid, as soon as may
be after it is made, before each House of
Parliament, while it is in session, for a total
period of thirty days which may be
comprised in one session or in two or more
successive sessions, and if, before the
expiry of the session immediately
following the session or the successive
sessions aforesaid, both Houses agree in
making any modification in the rule or
regulation or both houses agree that the
rule or regulation should not be made, the
rule or regulation shall thereafter have
effect only in such modified form or be of
no effect, as the case may be, so, however,
that any such modification or annulment
shall be without prejudice to the validity of
anything previously done under that rule or
regulation
   The Consumer Protection Act, 1986
              (68 of 1986)
                    24th December; 1986


An Act to provide for better protection of
the interests of consumers and for that
purpose to make provision for the
establishment of consumer councils and
other authorities for the settlement of
consum ers' disputes and for matters
connected therewith.


    BE it enacted by Parliament in the
Thirty-seventh            Year      of
the Republic of India as follows:—


            PRELIMINARY
       CONSUMER PROTECTION
            COUNCILS
CONSUMER DISPUTES REDRESSAL
         AGENCIES
           MISCELLANEOUS




                CHAPTER I

              PRELIMINARY


1.       Short          title,      extent,
     commencement and application.—(1
     ) This Act may be called the Consumer
     Protection Act, 1986.
   (2) It extends to the whole
     of India except the State of Jammu
     and Kashmir.
   (3) It shall come into force on such
     date as the Central Government may,
     by notification, appoint and different
     dates may be appointed for different
     States and for different provisions of
     this Act.
   (4) Save as otherwise expressly
     provided by the Central Government
     by notification, this Act shall apply to
     all goods and services.
2.      Definitions. - (1) In this Act,
unless the context otherwise requires,—
   (a)     "appropriate laboratory" means
   a laboratory or organisation—
   (i)   recognised by the Central
   Government;
   (ii)         recognised by   a    State
          Government, subject to such
          guide lines as may be prescribed
          by the Central Government in
          this behalf; or
   (iii)     any      such     laboratory
        or organisation established by or
        under any law for the time being
        in force, which is maintained,
        financed or aided by the Central
        Government       or     a   State
        Government for carrying out
        analysis or test of any goods
        with a view to determining
        whether such goods suffer from
        any defect;
(aa)       "branch office" means—
      (i)         any establishment
             described as a branch by the
             opposite party; or
      (ii)         any establishment carrying
             on either the same or substan
             tially the same activity as that
             carried on by the head office of
             the establishment;
(b)          "complainant" means—
      (i)        a consumer; or
      (ii)         any voluntary     consumer
             association registered under the
             Companies Act, 1956 (1of
             1956)or under any other law for
             the time being in force; or
      (iii)     the Central Government or
           any State Government,
      (iv)     one or more consumers,
          where there are numerous
          consum ers having the same
          interest;
      (v)         in case of death of a
             consumer, his legal heir or
             representative; who or which
             makes a complaint;
    (c)     "complaint" means any
allegation in writing made by a complain
ant that—
      (i)          an unfair trade practice or a
             restrictive trade practice has
             been adopted by any trader or
             service provider;
      (ii)        the goods bought by him or
             agreed to be bought by him;
             suffer from one or more defects;
(iii)     the services    hired     or
     availed of or agreed to be hired
     or availed of by him suffer from
     deficiency in any respect;
(iv)    a trader      or   service
    provider, as the case may be,
    has charged for the goods or
    for the service mentioned in
    the com plaint a price in
    excess of the price –
   (a) fixed by or under any law
     for the time being in force
   (b) displayed on the goods or
     any package containing such
     goods ;
   (c) displayed on the price list
     exhibited by him by or under
     any law for the time being in
     force;
      (d) agreed between the
        parties;
(v)        goods which      will  be
      hazardous to life and safety
      when used or being offered for
      sale to the public,--
      (A) in contravention of any
        standards relating to safety of
        such goods as required to be
        complied with, by or under
        any law for the time being in
        force;
      (B) if the trader could have
        known with due diligence that
        the goods so offered are
        unsafe to the public;
(vi)     services     which     are
    hazardous or likely to be
    hazardous to life and safety of
 the public when used, are being
 offered by the service provider
 which such person could have
 known with due diligence to be
 injurious to life and safety;”;
 (d) "consumer" means any
   person who—
(i) buys any goods for a
  consideration which has been
  paid or promised or partly paid
  and partly promised, or under
  any system of deferred payment
  and includes any user of such
  goods other than the person who
  buys      such     goods     for
  consideration paid or promised
  or partly paid or partly
  promised, or under any system
  of deferred payment when such
 use is made with the approval of
 such person, but does not
 include a person who obtains
 such goods for resale or for any
 commercial purpose; or
(ii) hires or avails of any services
   for a consideration which has
   been paid or promised or partly
   paid and partly prom ised, or
   under any system of deferred
   payment and includes any
   beneficiary of such services
   other than the person who 'hires
   or avails of the services for
   consideration paid or promised,
   or partly paid and partly
   promised, or under any system
   of deferred payment, when such
   services are availed of with the
   approval of the first mentioned
   person but does not include a
   person who avails of such
   services for any commercial
   purposes;
       Explanation.—       For    the
   purposes     of    this    clause,
   “commercial purpose” does not
   include use by a person of goods
   bought and used by him and
   services    availed     by    him
   exclusively for the purposes of
   earning his livelihood by means
   of self-employment;
(e) "consumer dispute" means a
  dispute where the person against
  whom a complaint has been made,
  denies or disputes the allega tions
  contained in the complaint.
(f) "defect" means any fault,
 imperfection or shortcoming in
 the quality, quantity, potency,
 purity or standard which is
 required to be maintained by or
 under any law for the time being
 in force under any contract,
 express or implied or as is claimed
 by the trader in any manner
 whatsoever in relation to any
 goods;
(g) "deficiency" means any fault,
  imperfection, shortcoming or
  inade quacy in the quality, nature
  and manner of performance which
  is required to be maintained by or
  under any law for the time being
  in force or has been undertaken to
  be performed by a person in
  pursuance of a contract or
 otherwise in relation to any
 service;
(h) "District Forum" means a
  Consumer Disputes Redressal
  Forum established under clause
  (a) of section 9;
(i) "goods" means goods as
  defined in the Sale of Goods Act,
  1930 (3 of 1930);
(j) “manufacturer”      means    a
  person who—
 (i) makes or manufactures any
 goods or part thereof; or
 (ii) does not      make         or
    manufacture any goods but
    assembles parts thereof made
    or manufactured by others; or
 (iii) puts or causes to be put his
    own mark on any goods made or
    manufactured by any other
    manufacturer;
   Explanation. — Where           a
 manufacturer     dispatches   any
 goods or part thereof to any
 branch office maintained by him,
 such branch office shall not be
 deemed to be the manufacturer
 even though the parts so
 dispatched to it are assembled at
 such branch office and are sold or
 distributed from such branch
 office;
(jj) "member"     includes   the
  President and a member of the
  National Commission or a State
   Commission or a District Forum,
   as the case may be;
 (k) "National Commission" means
   the National Consumer Disputes
   Redressal Commission established
   under clause (c) of section 9;
 (l) "notification" means a
   notification published in the
   Official Gazette;
 (m) "person" includes,—
   (i) a firm whether registered or
not;
   (ii) a Hindu undivided family;
   (iii) a co-operative society;
   (iv) every other association of
     persons    whether    registered
     under the Societies Registration
     Act, 1860 (21 of 1860) or not;
(n) "prescribed" means prescribed
  by rules made by the State Gov
  ernment, or as the case may be, by
  the Central Government under this
  Act;
(nn)“regulation”    means      the
  regulations made by the National
  Commission under this Act;
(nnn) “restrictive trade practice”
  means a trade practice which
  tends       to      bring      about
  manipulation       of    price    or
  conditions of delivery or to affect
  flow of supplies in the market
  relating to goods or services in
  such a manner as to impose on
  the consumers unjustified costs
  or     restrictions     and     shall
  include—
 (a) delay beyond the period
 agreed to by a trader in supply of
 such goods or in providing the
 services which has led or is likely
 to lead to rise in the price;
 (b) any trade practice which
 requires a consumer to buy, hire
 or avail of any goods or, as the
 case may be, services as condition
 precedent to buying, hiring or
 availing of other goods or
 services;
(o) "service" means service of any
  description which is made avail
  able to potential users and
  includes, but not limited to, the
  provision     of      facilities in
  connection     with      banking,
  financing insurance, transport,
 processing, supply of electrical or
 other energy, board or lodging or
 both,    housing     construction,
 entertainment, amusement or the
 purveying of news or other
 information, but does not include
 the rendering of any service free
 of charge or under a contract of
 personal service;
(oo) “spurious goods and services”
  mean such goods and services
  which are claimed to be genuine
  but they are actually not so;
(p) "State Commission" means a
  Consumer Disputes Redressal
  Commission established in a State
  under clause (b) of section 9;
(q) "trader" in relation to any
  goods means a person who sells or
 distributes any goods for sale and
 includes the manufacturer thereof,
 and where such goods are sold or
 distributed in package form,
 includes the packer thereof;
(r) "unfair trade practice" means
  a trade practice which, for the
  purpose of promoting the sale, use
  or supply of any goods or for the
  provision of any service, adopts
  any unfair method or unfair or
  deceptive practice including any
  of the following practices,
  namely;—
 (1) the practice of making any
 statement, whether orally or in
 writing      or    by    visible
 representation which,—
(i) falsely represents   that the
  goods are of a         particular
  standard, quality,      quantity,
  grade, composition,     style or
  model;
(ii) falsely represents that the
  services are of a particular
  standard, quality or grade;
(iii) falsely represents any re-
  built, second-hand, reno vated,
  reconditioned or old goods as
  new goods;
(iv) represents that the goods or
  services have sponsor ship,
  approval,         performance,
  characteristics, accesso ries,
  uses or benefits which such
  goods or services do not have;
(v) represents that the seller or
  the supplier has a spon sorship
  or approval or affiliation
  which such seller or supplier
  does not have;
(vi) makes a false or misleading
  representation concern ing the
  need for, or the usefulness of,
  any goods or services;
(vii) gives to the public any
  warranty or guarantee of the
  performance,       efficacy    or
  length of life of a product or of
  any goods that is not based on
  an adequate or proper test
  thereof;
      Provided that where a
 defence is raised to the effect
 that    such    warranty     or
 guarantee is based on adequate
 or proper test, the burden of
 proof of such defence shall lie
 on the person raising such
 defence;
(viii)makes to the public a
  representation in a form that
  purports to be—
 (i) a warranty or guarantee of
   a product or of any goods or
   services; or
 (ii) a promise to replace,
   maintain or repair an article
   or any part thereof or to
   repeat or continue a service
   until it has achieved a
   specified result, if such
   purported warranty or
   guarantee or prom ise is
   materially misleading or if
   there is no reasonable
   prospect that such warranty,
   guaran tee or promise will be
   carried out;
(ix) materially misleads the
  public concerning the price at
  which a product or like
  products or goods or services,
  have been or are, ordinarily
  sold or provided, and, for this
  purpose, a representation as to
  price shall be deemed to refer
  to the price at which the
  product or goods or services
  has or have been sold by
  sellers   or    provided    by
  suppliers generally in the
  relevant market unless it is
  clearly specified to be the
 price at which the product has
 been sold or services have
 been provided by the person
 by whom or on whose behalf
 the representation is made;
(x) gives false or misleading
  facts disparaging the goods,
  services or trade of another
  person.
 Explanation. - For     the
 purposes of clause (1), a
 statement that is—
 (a) expressed on an article
   offered or displayed for sale,
   or on its wrapper or
   container; or
 (b) expressed on anything
   attached to, inserted in, or
   accompanying, an article
     offered or displayed for sale,
     or on anything on which the
     article is mounted for display
     or sale; or
   (c) contained in or on
     anything that is sold, sent,
     delivered, transmit ted or in
     any other manner whatsoever
     made available to a member
     of the public,
   shall be deemed to be a
   statement made to the public
   by, and only by, the person
   who had caused the statement
   to be so expressed, made or
   contained;
(2) permits the publication of any
advertisement whether in any
news paper or otherwise, for the
sale or supply at a bargain price,
of goods or services that are not
intended to be offered for sale or
supply at the bargain price, or for
a period that is, and in quantities
that are, reasonable, having regard
to the nature of the market in
which the business is carried on,
the nature and size of business,
and     the     nature    of    the
advertisement.
  Explanation .—For the purpose
of clause (2), "bargaining price"
means—
 (a) a price that is stated in any
   advertisement to be a bargain
   price, by reference to an
   ordinary price or otherwise, or
 (b) a price that a person who
   reads, hears or sees the
   advertisement,           would
   reasonably understand to be a
   bargain price having regard to
   the prices at which the product
   advertised or like products are
   ordinarily sold;
(3) permits—
 (a) the offering of gifts, prizes
   or other items with the
   intention of not providing
   them as offered or creating
   impression that something is
   being given or offered free of
   charge when it is fully or
   partly covered by the amount
   charged in the transaction as a
   whole;
 (b) the conduct of any contest,
   lottery, game of chance or
   skill, for the purpose of
   promoting,       directly or
   indirectly, the sale, use or
   supply of any product or any
   business interest;
(3A) withholding from the
participants of any scheme
offering gifts, prizes or other
items free of charge, on its
closure the information about
final results of the scheme.
  Explanation. —      For     the
purposes of this sub-clause, the
participants of a scheme shall be
deemed to have been informed of
the final results of the scheme
where such results are within a
reasonable     time,    published,
prominently      in   the    same
newspapers in which the scheme
was originally advertised;
(4) permits the sale or supply of
goods intended to be used, or are
of a kind likely to be used, by
consumers, knowing or having
reason to believe that the goods do
not comply with the standards
prescribed by competent authority
relating      to      performance,
composition, contents, design,
constructions, fin ishing or
packaging as are necessary to
prevent or reduce the risk of
injury to the person using the
goods;
       (5) permits the hoarding or
       destruction of goods, or refuses to
       sell the goods or to make them
       available for sale or to provide
       any service, if such hoarding or
       destruction or refusal raises or
       tends to raise or is intended to
       raise, the cost of those or other
       similar goods or services.
       (6) manufacture of      spurious
       goods or offering such goods for
       sale or adopts         deceptive
       practices in the provision of
       services.
(2)       Any reference in this Act to
      any other Act or provision thereof
      which is not in force in any area to
      which this Act applies shall be
      construed to have a reference to the
        corresponding Act or provision
        thereof in force in such area.
3.       Act not in derogation of any
     other law.—The provisions of this Act
     shall be in addition to and not in
     derogation of the provisions of any
     other law for the time being in force.




               CHAPTER II


CONSUMER PROTECTION COUNCILS


4.        The       Central      Consumer
     Protection Council.—(1) The Central
     Government shall, by notification,
     establish with effect from such date as
     it may specify in such notification, a
     Council to be known as the Central
     Consumer        Protection      Council
     (hereinafter referred to as the Central
     Council).
     (2) The Central Council shall consist
       of the following members, namely:—
       (a) the Minister in charge of the
         consumer affairs in the Central
         Government, who shall be its
         Chairman, and
       (b) such number of other official or
         non-official members represent ing
         such interests as may be
         prescribed.
5.       Procedure for meetings of
     the Central Council.—(1) The Central
     Council shall meet as and when
     necessary, but at least one meeting of
     the Council shall be held every year.
     (2) The Central Council shall meet at
       such time and place as the Chairman
       may think fit and shall observe such
       procedure in regard to the transaction
       of its business as may be prescribed.
6.       Objects of the Central Council.—
     The objects of the Central Council shall
     be to promote and protect the rights of
     the consumers such as,—
     (a) the right to be protected against
       the marketing of goods and services
       which are hazardous to life and
       property;
     (b) the right to be informed about the
       quality, quantity, potency, purity,
       standard and price of goods or
       services, as the case may be so as to
       protect the consumer against unfair
       trade practices;
     (c) the right to be assured, wherever
       possible, access to a variety of goods
       and services at competitive prices;
     (d) the right to be heard and to be
       assured that consumer's interests will
       receive    due    consideration    at
       appropriate forums;
     (e) the right to seek redressal against
       unfair trade practices or restrictive
       trade practices or unscrupulous
       exploitation of con sumers; and
     (f)    the right to consumer education.
7.       The State Consumer Protection
     Councils.- (1) The State Government
     shall, by notification, establish with
     effect from such date as it may specify
     in such notification, a Council to be
     known as the Consumer Protection
     Council                for.....................
(hereinafter referred to as the State
Council).
(2) The State Council shall consist of
  the following members, namely:—
 (a) the        Minister incharge of
   consumer affairs in the State
   Government who shall be its
   Chairman;
 (b) such number of other official or
   non-official members representing
   such interests as may be prescribed
   by the State Government.
 (c) such number of other official
   or non-official members, not
   exceeding ten, as may be
   nominated   by   the   Central
   Government.
     (3) The State Council shall meet as
       and when necessary but not less than
       two meetings shall be held every
       year.
     (4) The State Council shall meet at
       such time and place as the Chairman
       may think fit and shall observe such
       procedure in regard to the transaction
       of its business as may be prescribed
       by the State Government.
8.        Objects of the State Council. —
      The objects of every State Council
     shall be to promote and protect within
     the State the rights of the consumers
     laid down in clauses (a) to (f) of section
     6.
8A.     (1) The State Government shall
      establish for every district, by
      notification, a council to be known
 as the District Consumer Protection
 Council with effect from such date
 as it may specify in such
 notification.
(2) The District Consumer Protection
  Council (hereinafter referred to as
  the District Council) shall consist of
  the following members, namely:—
 (a) the Collector of the district (by
   whatever name called), who shall
   be its Chairman; and
 (b) such number of other official
   and      non-official     members
   representing such interests as may
   be prescribed by the State
   Government.
(3) The District Council shall meet as
  and when necessary but not less
     than two meetings shall be held
     every year.
   (4) The District Council shall meet at
     such time and place within the
     district as the Chairman may think
     fit and shall observe such procedure
     in regard to the transaction of its
     business as may be prescribed by the
     State Government.
8B.      The objects of every District
Council shall be to promote and protect
within the district the rights of the
consumers laid down in clauses (a) to (f)
of section 6.
MENTAL HEALTH ACT,1987
   Chapter VI - Judicial Inquisition
    Regarding Alleged Mentally Ill
                Person
  Possessing Property, Custody Of His
                Person
                 And
     Management Of His Property
  50. Application for judicial
  inquisition
   1. Where an alleged mentally ill
     person is possessed of property, an
     application for holding an
     inquisition into the mental condition
     of such person may be made either -

       a. by any of his relatives, or
       b. by a public curator appointed
         under the Indian Succession Act,
         1925 (39 of 1925) or
   c.     by the Advocate-General of
     the State in which the alleged
     mentally ill person resides, or
   d. where the property of the
     alleged mentally ill person
     comprises land or interest in
     land, or where the property or
     part thereof is of such a nature
     as can lawfully be entrusted for
     management to a Court of
     Wards established under any
     law for the time being in force in
     the State, by the Collector of the
     District in which such land is
     situate, to the District Court
     within the local limits of whose
     jurisdiction the alleged mentally
     ill person resides.


2. On receipt of an application
  under sub-section (1), the District
  Court shall, by personal service or
by such other mode of service as it
may deem fit, serve a notice on the
alleged mentally ill person to attend
at such place and at such time as
may be specified in the notice or
shall, in like manner, serve a notice
on the person having the custody of
the alleged mentally person to
produce such person at the said
place and at the said time, for being
examined by the District Court or
by any other person from whom the
District Court may call for a report
concerning the mentally ill person:
Provided that, if the alleged
mentally ill person is a woman, who
according to the custom prevailing
in the area where she resides or
according to the religion to which
she belongs, ought not to be
compelled to appear in public, the
District Court may cause her to be
   examined by issuing a commission
   as provided in the Code of Civil
   Procedure, 1908 ( 5 of 1908).


 3. A copy of the notice under sub-
   section (2) shall also be served upon
   the applicant and upon any relative
   of the alleged mentally ill person or
   other person who, in the opinion of
   the District Court, shall have notice
   of judicial inquisition to be held by
   it.
 4. For the purpose of holding the
   inquisition applied for, the District
   Court may appoint two or more
   persons to act as assessors.


           COMMENTS
JURISDICTION - The Lunacy
(Supreme Courts) Act, 1958, gives
power to those Courts to direct an
inquiry as to "any person subject to the
jurisdiction of the Court". The
preamble of the Lunacy (Districts
Courts) Act of the same year states that
it is expedient to make better
provisions for the case of the states of
lunatics "not subject to the jurisdiction
of the Supreme Courts of
adJudicature". In 1981 the Allahabad
high court decided that, under its own
letters patent, it had no original
jurisdiction in respect of the persons
and estates of lunatics who were
natives of India. In the course of that
case, the Court ascertained from the
Registrar of the original side of the
Calcutta High Court that at that date its
powers in the matters of lunacy as the
successor and inheritor of the powers
of the old Supreme Court were, as
regards natives of India, only exercised
within the limits of the town of
Calcutta itself, and that in other
respects the procedure directed by the
Lunacy (District Court) Act, 1958,was
followed in Lower Bengal. The Court
expressed the view that this practice
was correct. The Lunacy Act, 19121
repealed both the Acts of 1958, but
made no alteration in the law with
regard to the matter now under
consideration.

For a person to come under that chapter
he must be not subject to the
jurisdiction of a High Court, and must
be resident within the jurisdiction of a
District Court. The question of
jurisdiction was considered in Anila
Bala Chowdhurani V. Dhirendra Nath
Saha2 where it was held that the
jurisdiction of the Pabna District Court
was ousted because the alleged lunatic
(an Indian) resided both at Pabna and at
Calcutta, but it is clear from that case
that, but for his residence at Calcutta,
the Pabna District Court would have
had jurisdiction and the original side of
the Calcutta High Court would not. In
in re Taruchandra Ghosh,3 the Court
held that, under Cl. 17 of the Charter,
the Court had power to appoint a
guardian of an Indian infant resident
outside the original jurisdiction. The
order was made ex parte on the father's
application, it being stated there was no
opposition.The attention of the Court
was not drawn to 13 Geo. 3, c. 63, nor
to the cases referred to above.
Moreover, the language of Cl.25 of the
Charter of 1774 as regards infants,
differs from its language as regards
lunatics. The original side of the
Calcutta High Court has no jurisdiction
to direct an inquisition or appoint a
guardian of person or property in the
case of an Indian not resident in
Calcutta4.
WHAT HAS TO BE FOUND UNDER
THE ACT - What has to be found
under the Act is that the person is of
unsound mind and that the unsoundness
of mind is such as to make him
incapable of managing his affairs. A
person who is incapable of managing
his affairs is not necessarily of unsound
mind and a person of unsound mind
may not be incapable of managing his
affairs. The Court must hold that both
unsoundness of mind and incapacity to
manage his affairs are present and that
the latter is due to the former5.
DUTY OF THE COURT - It has, at the
very outset to be realized that an order
declaring a person to be of unsound
mind and incapable on that account of
managing his affairs is an order of a
very serious character. It has the effect
of disqualifying him from using his
own property in the manner he desires
and placing a drastic check on his
rights and privileges which as a normal
individual, he would be entitled to
enjoy. In Teka Devi V. Gopal Das6, it
was observed that: b.
"It is, therefore, the duty of the Court
before proceeding further, the
determine judicially whether the person
alleged to be incapable of managing
himself or his affairs, is really a lunatic
in this sense. Secondly, it must be
remembered that this finding has got
very far-reaching consequences and
must be given after very great care and
deliberation. It may have the immediate
effect of putting a human being Being
under restraint. It might deprive him for
a time, or forever of the possession and
management of his property. It will be
prima facie evidence of his lunacy, and
may be read in proof of it in other
proceedings. The Legislature has,
therefore, laid down an elaborate
procedure for conducting an enquiry
into this matter, and this procedure
must be strictly followed. The Court
cannot and ought not to deal
lightheartedely with this important
question, and it should not consider
itself relieved of its responsibility by
the mere circumstance that some or all
the relatives of the person concerned
have declared that he is lunatic".
The above is undoubtedly an accurate
statement of the policy underlying the
precaution enjoined by the Legislature
in the various provisions of the Act as a
preliminary condition to the final
exercise of jurisdiction by the Court in
declaring a person as a lunatic1.
The smallest attention to the words of
the Indian Lunacy Act2 whether they
be the words of Sec. 62 or the words of
Sec. 38 shows this that the Legislature
appreciates that to have an inquisition
into the state of health, the state of
mind, the state of property and general
capacity of a person is a thing which
affects that person so prejudicially that
it ought not to be taken except it be first
ordered upon a careful consideration of
evidence3. It was said in a case
reported in Muhammad Yaqub V.
Nazir Ahmad4: "It is true that nothing
is contained in the Act itself to direct or
guide a Judge as to how he shall
consider applications for an inquisition
and probably no rules exist for dealing
with the matter; but ordinary
commonsense would appear to dictate
to a tribunal before whom such an
application comes that care should be
exercised in a painful matter of this
kind, namely, an enquiry into a man's
or woman's state of mind; specially in
the case of people in conformable
circumstances who merely wish to lead
a quiet life care should be exercised
that they are not suddenly flung
without sufficient reason into an
elaborate inquisition which after all is
nothing more or less than a trial
involving sometimes the history of a
person's life back for many years,
medical evidence, and all sorts of
family witnesses".
INQUISITION - The Lunacy Act does
not contain any procedure or permit
any procedure by which a man today
can be declared to be a lunatic ten years
ago in the past5.
JURISDICTION OF THE LUNACY
COURT - The jurisdiction of the
Lunacy Court depends on normal
residence of the alleged lunatic and not
on his temporary residence except in
the cases of the High Courts of
Calcutta, Madras and Bombay where
different rules are applicable under the
Charters and Letter Patent. The
principles of residence are clearly laid
down by a Bench of three learned
Judges consisting of Sir Ashutosh
Mookerjee, Acting Chief Justice, and
Fletcher and Richardson, JJ. In Anila
Bala Choudhurani V. Dhirendra Natha
Saha1. That decision is an authority on
the proposition that Sec. 38 of the
Lunacy Act does not define the test to
be applied to determine whether a
person is or is not subject to the
jurisdiction of the High Court for the
purpose of judicial inquisition as to
lunacy. But the proceedings are
directed primarily against the person
and only secondarily against his
property. Such authority over the
person may, unless otherwise directed
by statute, be ordinarily exercised in
the case of residents within the local
limits of the jurisdiction of the Court.
No doubt it may also be exercised over
non-residents, if there is statutory
provision to that effect.

The third proposition laid down by this
decision is that before a District Court
can institute inquisition of a person
possessed of property and alleged to be
a lunatic it must be established not
merely that such person is residing
within the jurisdiction of that Court but
also that he is not subject to the
jurisdiction of any of the High Courts
mentioned in Sec. 37 of the Lunacy
Act. Therefore, in a case where an
alleged lunatic is subject to the
jurisdiction of a High Court under Sec.
37, the District Court has no
jurisdiction under Sec. 62, even though
the person may reside within the local
limits of the jurisdiction of the District
Court. In other words, the jurisdiction
of the High Court and District Court
are not concurrent, but the jurisdiction
of the High Court excludes that of the
District Court; although if the alleged
lunatic resides in two districts, the
jurisdiction of the two Courts are
concurrent and not mutually
exclusive2.
PROOF OF INSANITY- The question
of insanity requires a most careful
examination and it is difficult to think
that bare assertion by witnesses
unsupported by any details of the
cause, the course and the treatment of
the malady ought to be accepted as
satisfactory proof3.
NOTICE - DIRECTING AN
INQUISITION - The notice
contemplated by Sec. 40 is a notice to
be drawn up after there has been an
order directing an inquisition. It is
notice of such order and of the time and
place at which the inquisition is to be
held. It is notice of the petition. The
notice prescribed is a notice that the
Court has determined to hold an
inquisition. So far as the alleged lunatic
concerned, it is a most important
notice. It is a notice which tells him
that he is in such a serious position that
Court has determined to enquire into
his state of mind and that his liberty
and his right to manage his own affairs
is now in peril by virtue of a considered
judgement of a District Judge. There is
nothing in the Lunacy Act about
general notices. There is a definite
provision in the Lunacy Act for notice
to he lunatics and to such relatives or
other persons as the District Judge may
think it desirable to give notice to.
Under the Guardians and Wards Act
the provision for notice to the minor is
a provision about general notice, that is
to say, the notice has to be affixed in
the Court-house and a copy has to be
 affixed to the permanent place of
 residence of the minor4.


 51. Issues on which finding should be
 given by District Court after
 inquisition


 On completion of the inquisition, the
 District Court shall record its findings
 on -


v. Whether the alleged mentally ill
  person is in fact mentally ill or not,
  and
 vi. Where such person is mentally ill,
     whether he is incapable of taking
     care of himself and managing his
     property, or incapable of managing
     his property only.
               COMMENT
 This section empowers District Court
 to record its findings on certain issues.


 52. Provision for appointing
 guardian of mentally ill person and
 for manager of property


7. Where the District Court records a
  finding that the alleged mentally ill
  person is in fact mentally ill and is
  incapable of taking care of himself and
  of managing his property, it shall make
  an order for the appointment of a
  guarding under Sec. 53 to take care of
  his person and of a manager under Sec.
  54 for the management of his property.
  8. Where the District Court records a
      finding that the alleged mentally ill
      person is in fact mentally ill and is
    incapable of managing his property
    but capable of taking care of
    himself, it shall make an order
    under Sec.54 regarding the
    management of his property.
 9. Where the District Court records a
    finding that the alleged mentally ill
    person is not mentally ill, it shall
    dismiss the application.
10. Where the District Court deems fit,
    it may appoint under sub-section (1)
    the same person to be the guardian
    and manager.
              COMMENT
 This section makes provision for
 appointment of guardian of mentally ill
 person and for manager or property.


 53. Appointment of guardian of
 mentally ill person
11. Where the mentally ill person is
   incapable of taking care of himself, the
   District Court or, where a direction has
   been issued under sub-section (2) of
   Sec.54, the Collector of the District,
   may appoint any suitable person to be
   his guardian.
 12. In the discharge of his functions
       under sub-section (1), the Collector
       shall be subject to the supervision
       and control of the State Government
       or of any authority appointed by it
       in that behalf
                COMMENT
   This section empowers the District
   Court or the Collector to appoint
   guardian of mentally ill person.


   54. Appointment of manager for
   management of property of mentally
   ill person
   13. Where the property of the mentally
       ill person who is incapable of
       managing it is such as can be taken
       charge of by a Court of Wards under
       any law for the time being in force, the
       District Court shall authorise the Court
       of Wards to take charge of such
       property, and thereupon
       notwithstanding anything contained in
       such law, the Court of Wards shall
       assume the management of such
       property in accordance with that law.
14. Where the property of the mentally ill
   person consists in whole or in part of land
   or of any interest in land which cannot be
   taken charge of by the Court of Wards, the
   District Court may, after obtaining the
   consent of the Collector of the District in
   which the land is situate, direct the
   Collector to take charge of the person and
   such part of the property or interest therein
   of the mentally ill person as cannot be
   taken charge of by the Court of Wards.
15. Where the management of the property
   of the mentally ill person cannot be
   entrusted to the Court of Wards or to the
   Collector under sub-section (1) or sub-
   Section (2), as the case may be, the District
   Court shall appoint any suitable person to
   be the manager of such property.


                    COMMENT
      APPOINTMENT OF MANAGER -
      There is no prohibition in the Gwalior
      law and the Indian Lunacy Act (since
      repealed by this Act), against
      appointment or re-appointment of
      persons already acting as managers of
      the estate of a person during his
      minority who later on became a
      lunatic/mentally ill person either before
      or after attainment of majority1.
Since the vendor did not obtain any
order from the competent Court under
the Lunacy Act (since repealed by this
Act), to have him appointed as
Manager of the joint family to alienate
the property, the sale is per se illegal.
The sale, therefore, appears to be to
defeat the statutory right of the
appellant2.


55. Appointment of manager by
Collector
Where the property of a mentally ill
person has been entrusted to the
Collector by the District Court under
sub-section (2) of Sec. 54, he may,
subject to the control of the State
Government or of any authority
appointed by it in that behalf, appoint
any suitable person for the management
of the property of the mentally ill
person.
             COMMENT
This section empowers the Collector to
appoint manager of the property of a
mentally ill person.


56. Manager of property to execute
bond


Every person who is appointed as the
manager of the property of a mentally
ill person by the District Court or by
the Collector shall, if so required by the
appointing authority, enter into a bond
for such sum, in such form and with
such sureties as that authority may
specify, to account for all receipts from
the property of the mentally ill person.
                COMMENT
   This section requires the manager of
   property to execute bond.


   57. Appointment and remuneration
   of guardians and managers


16. No person, who is the legal heir of a
   mentally ill person shall be appointed
   under Sec. 53, 54 or 55 to be the
   guardian of such mentally ill person or,
   as the case may be, the manager of his
   property unless the District Court or, as
   the case may be, the Collector, for
   reasons to be recorded in writing,
   considers that such appointment is for
   the benefit of the mentally ill person.
 17. The guardian of a mentally ill
       person or the manager of the
       property or both appointed under
          this Act shall be paid, from out of
          the property of the mentally ill
          person, such allowance as the
          appointing authority may
          determine.


                    COMMENT
      This section deals with appointment
      and remuneration of guardians and
      managers.


      58. Duties of guardian and manager
18. Every person appointed as a guardian
   of a mentally ill person or manager of his
   property, or of both, under this Act shall
   have the care of the mentally ill person or
   his property or of both , and be responsible
   for the maintenance of the mentally ill
   person and of such members of his family
   as are dependent on him.
19. Where the person appointed as
    guardian of a mentally ill person is
    different from the person appointed
    as the manager of his property, the
    manager of his property shall pay to
    the guardian of the mentally ill
    person such allowance as may be
    fixed by the authority appointing
    the guardian for the maintenance of
    the mentally ill person and of such
    members of his family as are
    dependent on him.


              COMMENT
 "FAMILY" - A married daughter living
 with her husband and separate from her
 father is not entitled to a separate
 maintenance being allowed to her
 against her father's estate, when that
 estate is taken charge of by the Court
   under the provisions of Lunatic Act
   (since repealed by this Act).
   The word "family" includes persons
   living with the lunatic/mentally ill
   person as members of his family, that is
   to say, persons actually depending
   upon him for their maintenance1.
   In the instant case, under the relevant
   Medical Rules, the father was a
   member of the family of his son and
   was wholly dependent on him and the
   2nd respondent was thus fully entitled
   to reimbursement for the expenses
   incurred on the treatment of his father
   and other travelling expenses2.


   59. Powers of manager


20. Every manager under this Act shall,
   subject to the provisions of this Act,
exercise the same powers in regard to
the management of the property of the
mentally ill person in respect of which
he is appointed as manager, as the
mentally ill person would have
exercised as owner of the property had
he not been mentally ill and shall
realise all claims due to the estate of
the mentally ill person and pay all debts
and discharge all liabilities legally due
from that estate:
   Provided that the manager shall not
   mortgage, create any charge on, or ,
   transfer by sale, gift, exchange or
   otherwise, any immoveable
   property of the mentally ill person
   or lease out any such property for a
   period exceeding five years, unless
   he obtains the permission of the
   District Court in that behalf.
 21. The District Court may, on an
    application made by the manager,
    grant him permission to mortgage,.
    Create a charge on, or, transfer by
    sale, gift, exchange or otherwise,
    any immoveable property of the
    mentally ill person or to lease out
    any such property for a period
    exceeding five years, subject to
    such conditions or restrictions as
    that Court may think fit to impose.
22. The District Court shall cause
    notice of every application for
    permission to be served on any
    relative or friend of the mentally ill
    person and after considering
    objections, if any, received from the
    relative or friend and after making
    such inquiries as it may deem
    necessary, grant or refuse
    permission having regard to the
    interests of the mentally ill person.
                COMMENT
   A manager is empowered to exercise
   the same powers in regard to the
   management of the property of the
   mentally ill person as the mentally ill
   person would have exercised as owner
   of the property had he not been ill.
   The manager shall, however, not
   mortgage, create any charge on, or,
   transfer by sale, gift etc. any
   immoveable property without the prior
   permission of the District Court.


   60. Manager to furnish inventory
   and annual accounts


23. Every manager appointed under this
   Act shall, within a period of six months
 from the date of his appointment,
 deliver to the authority, which
 appointed him, an inventory of the
 immoveable property belonging to the
 mentally ill person and of all assets and
 other moveable property received on
 behalf of the mentally ill person,
 together with a statement of all claims
 due to and all debts and liabilities due
 by, such mentally ill person.
24. Every such manager shall also
    furnish to the said appointing
    authority within a period of three
    months of the close of every
    financial year, an account of the
    property and assets in his charge,
    the sums received and disbursed on
    account of the mentally ill person
    and the balance remaining with
    him.
                COMMENT


   Under this section manager has to
   furnish inventory and annual accounts
   in respect of the property of the
   mentally ill person to the appointing
   authority.


   61. Manager's power to execute
   conveyances under orders of District
   Court
   Every manager appointed under this
   Act, may, in the name and on behalf of
   the mentally ill person -


25. execute all such conveyance and
   instruments of transfers by way of sale,
   mortgage or otherwise of property of
 the mentally ill person as may be
 permitted by the District Court; and
26. Subject to the orders of the District
    Court, exercise all powers vested in
    that behalf in the mentally ill
    person, in his individual capacity or
    in his capacity as a trustee or as a
    guardian.


              COMMENT
 This section empowers the manager to
 execute conveyances in the name and
 on behalf of the mentally ill person,
 under the orders of the District Court.




 62. Manager to perform contracts
 directed by District Court
Where the mentally ill person had,
before his mental illness, contracted to
sell or otherwise dispose of his
property or any portion thereof, and if
such contract is, in the opinion of the
District Court, of such a nature as
ought to be performed, the District
Court may direct the manager
appointed under this Act to perform
such contract and to do such other acts
in fulfilment of the contract as the
Court considers necessary and
thereupon the manager shall be bound
to act accordingly.
             COMMENT
This section empowers the manager to
perform contracts on behalf of the
mentally ill person as per directions of
the District Court.


63. Disposal of business premises
Where a mentally ill person had been
engaged in business before he became
mentally ill, the District Court may, if it
appears to be for the benefit of the
mentally ill person to dispose of his
business premises, direct the manager
appointed under this Act in relation to
the property of such person to sell and
dispose of such premises and to apply
the sale proceeds thereof in such
manner as the District Court may direct
and thereupon the manager shall be
bound to act accordingly.
              COMMENT
The District Court is empowered to
direct disposal of business premises of
a mentally ill person, who was engaged
in business prior to becoming mentally
ill, for the benefit of the said ill person.


64. Manager may dispose of leases
Where a mentally ill person is entitled
to a lease or under lease, and it appears
to the manager appointed under this
Act in relation to the property of such
person that it would be for the benefit
of the mentally ill person to dispose of
such leas or under lease, such manager
may, after obtaining the orders of the
District Court, surrender, assign or
otherwise dispose of such lease or
under lease to such person for such
consideration and upon such terms and
conditions as the Court may direct.
             COMMENT
This section empowers manager of a
mentally ill person to dispose of lease
for the benefit of the mentally ill
person, after obtaining the orders of the
District Court.
65. Power to make order concerning
any matter connected with mentally
ill person
The District Court may, on an
application made to mentally ill person
or his property, make such order,
subject to the provisions of this
Chapter, in relation to that matter as in
the circumstances it thinks fit.


             COMMENT
This section empowers the District
Court to pass order concerning any
matter connected with mentally ill
person.
66. Proceeding if accuracy of
inventory or accounts is impugned
If any relative of the mentally ill person
or the collector impugns, by a petition
to the District Court, the accuracy of
the inventory or statement referred to in
sub-section (1), or, as the case may be,
any annual account referred to in sub-
section (2) of Sec.60, the Court may
summon the manager and summarily
inquire into the matter and make such
order thereon as it thinks fit.
Provided that the District Court may, in
its discretion, refer such petition to any
Court subordinate to it, or to the
Collector in any case where the
manager was appointed by the
Collector and the petition is not
presented by the Collector.
             COMMENT
This section lays down the procedure
for disposal of petition challenging
accuracy of inventory or account.