The Chota Nagpur Rural Police Act, 1914
Bihar and Orissa Act 1 of 1914
jhr067
[Dated 11th March, 1914]
For Statement of Objects and Reasons, see the Bihar and Orissa Gazette, 1913, Part II, pp. 450-452; for Report of the Select Committee, see ibid, part, VIII, pp. 3 and; for proceedings in council, see ibid, 1914, Part pp. 38 and 39.
An Act to amend the law relating to the regulation of the Rural Police in the Chota Nagpur Division
Whereas it expedient to amend the law relating to the appointment, dismissal, maintenance and duties of village policemen and road patrols in the Chota Nagpur Division:
It is hereby enacted as follows:-
Part I
Preliminary
- Short title and local extent.- (1) This Act may be called the Chota Nagpur Rural Police Act, 1914:
(2)(a) The whole Act extends to the Districts of Hazaribagh, Ranchi and Palamau.
(b) Parts, I, II and IV extend to the district of Singhbhum except the Kolhan Government Estate and the district of [Dhanbad].
[(c) Part III extends to the following Parganas of the Dhanbad district:- Domarkonda, Nagarkiari, Jainagar, Nawagarh, Katras and Pandra].
(3) The [State] Government may, by notification published in the [Official Gazette], extend the Act, or any portion thereof, to any district in the Chota Nagpur Division, or to any specified part of a district, from a date to be mentioned in such notification; and may by like notification, withdraw any district of any specified part of a district from the operation of this Act, or any portion thereof, from a date to be mentioned in such notification.
- Definitions.- In this Act, unless there is anything repugnant in the subject or context,-
(a) "road-patrol" includes a ghatwan, a digwar, and any other person, by whatever name he may be called who is engaged in the performance of the duties assigned by this Act to road-patrols;
(b) "proprietor" and "tenure" have the meaning respectively assigned to those expressions by the Chota Nagpur Tenancy Act, 1908;
(c) "village" includes group of villages;
(d) "village-policemen" includes a chaukidar, a gorait and kotwar.
Part II
Village-Police
[3. Determination of units and numbers of village-policemen and appointment of Units-tahsildar's. - The Deputy Commissioner shall determine-
(a) the number of units into which his district shall be divided for the purposes of this Act,
(b) the respective limits of such units, and
(c) the number of village-policemen to be appointed for each village within each units:
and [a unit-tahsildar shall be appointed by the [State] Government] for each unit:
[Provided as follows:-
(i) there shall not be more than one village-policemen for every seventy-five houses; and
(ii) the Deputy Commissioner may, and, on the application of two-thirds of adult inhabitants of any village, shall appoint in place of the unit-tahsildar a 'panchayat' consisting of not less than three or more than five persons; and such 'panchayat' shall as far as such village is concerned perform the duties of a Unit-tahsildar under this Act].
[4. Determination of salaries of village-policemen. - The Deputy Commissioner shall from time to time determine the monthly salaries of the village-policemen:
Provided as follows:-
(a) such salaries shall not be less than two, or [x x x] more than four, rupees 'per mensem for each village-policeman; and
(b) in determining such salaries the Deputy Commissioner shall take into consideration the village of the chakran lands (if any) held by a village-policeman.]
[5. Liability of certain proprietors and tenure-holders to pay the amount of the salaries of village-policemen. - Whenever any proprietor or tenure-holder holds subject to the condition expressed or implied, of maintaining the village police within his estate or tenure, he shall be liable to pay the amount of the salaries determined by the Deputy Commissioner under Section 4.]
[6. Assessment in other cases, to raise the amount required for salaries and equipment of village-policemen. - (1) In cases other than those referred to in Section 5, the amount required for the salaries and equipment of the village-policemen within any unit, together with a sum, not exceeding three-and-a-half annas in the rupee of such amount, to provide for payment of-
(a) the expenses of collection and of management,
(b) rewards to village-policemen, and
(c) losses from the non-realization of sums from defaulters shall be assessed on each unit.
(2) Every occupier of a house and every occupier of a vacant house in any village in a unit and every proprietor to tenure-holder who has a bhandar or cutchen for the collection of rent, or khas cultivation, within any village in a unit, shall be liable to assessment under sub-section (1).
[(3) For the purposes of sub-section (2) an owner, or manager of a mine or factory who maintains any house in any village in a unit for the accommodation of persons employed by him shall be deemed to be the occupier of such house].
[7. Fixing of such assessment. - (1) The amount payable in each unit in pursuance of Section 6 shall be fixed by the Deputy Commissioner, who shall cause a list to be prepared by the Unit-tahsildar or the Panchayat as the case may be, 2[or by some other person under his direction] showing the amount yearly by each person in each village within each unit who is liable to assessment.
(2) The list prepared under sub-section (1) for a village shall, when sanctioned by the Deputy Commissioner, be published at some conspicuous place within village, and shall remain in force until altered by the Deputy Commissioner.]
[8. Amount of Assessment and exemptions from assessment. - The amount at which each person is assessed under Section 7 shall be fixed according to the circumstances and the property to be protected of such person;
Provided as follows:-
(a) the amount to be assessed in the same village on any person [other than owner, agent or manager or mine or factory] shall not exceed one rupee 'per mensem' in the case of a proprietor, tenure-holder or trader, or eight annas 'Per mensem' in all other cases [x x x];
(b) all persons who, in the opinion of the Deputy Commissioner are too poor to pay half an anna per mensem shall be exempted from assessment, [and
(c) the owner, agent or manager of mine or factory shall, for every seventy-five houses maintained by him for the accommodation of persons employed by him, be assessed at an amount not exceeding the cost of maintaining one village-policeman and for any number of houses so maintained by him less than seventy-five, at an amount not exceeding half such cost].
[9. Alteration of assessment. - The Deputy Commissioner may from time to time alter the amount assessed on any village.]
[10. Revision or confirmation of assessment. - Any person who is dissatisfied with the amount at which he has been assessed may apply to the Deputy Commissioner, either orally or in writing, for a revision of the assessment;
and Deputy Commissioner may amend, remit or confirm the assessment.]
[11. Dues when payable. - Every sum due under Section 5, and every assessment made under Section 6, shall be payable on the first day of January in each year.]
[12. Collection and custody of sums assessed. - The unit-tahsildar shall collect from each village in his unit the amount payable by each of the persons assessed in such village and shall grant printed receipts for the same, and shall pay amount so collected to credit of the Chaukidari Fund:
[Provided that the amounts payable by the owners, agents or managers of mines or factories may be collected by the Deputy Commissioner in such a manner as the [State Government may direct.]
[13. Payment of village-policeman. - The Superintendent of Police shall, before the fifteenth day of each month, remit to the Sub-Inspector of Police of each thana the salaries due for the last preceding month to all village-policemen appointed under this Act for villages situated within the local area of such thana; and Sub-Inspector of Police shall on the parade-day next following his receipt thereof handover to each village-policeman at thana the salary so due to him, and shall take a receipt for the same.]
[14. List of defaulters, and application for distraint. - At the end of the first half of each year, the Unit-tahsildar [or such other person as may be authorized in this part] who have failed to pay the amounts due from them, and may then apply to the Deputy Commissioner for the attachment and sale of any movable property belonging to the defaulters.]
[15. Decision of objections to list, of defaulters. - If any person whose name has been included in a list of defaulters prepared under Section 14, disputes his liability to pay the amount mentioned in such list, or any portion thereof, he may apply to the Deputy Commissioner, either orally or in writing, stating the grounds of his objection; and the Deputy Commissioner, shall examine his objection and pass such order thereon as he may think proper.]
[16. Distress warrants. - (1) When the Deputy Commissioner receives a list of defaulters prepared under Section 14, he shall, subject to any orders passed under Section 15, issue warrant in the form prescribed under Section 37.
(2) Every warrant issued under sub-section (1) shall be signed by the Deputy Commissioner, and shall authorize the levy, by distraint and sale of a sufficient portion of the movable property of the defaulters, other than plough, cattle and implements of trade or agriculture, of each of the amount due from and tools with a penalty, not exceeding twenty-five percent of the amount due from him, to cover the costs of the distraint and sale.]
[17. Seizure and custody of property, and proclamation of sale. - (1) The person deputed to execute such warrant shall seize such portion of the movable property of the defaulters as he may think sufficient, and shall keep the same in his own custody or in the custody of some suitable person resident in the locality, and shall make proclamation, by beat of drum, of the time and where the property will be sold.
(2) The time of sale fixed under sub-section (1) shall be not less than five, or more than ten days from the date of the proclamations thereof.]
[18. Sale of property and application of proceeds. - If any defaulter does not within the time so proclaimed pay the amount due from, together with the penalty prescribed in sub-section (2) of Section 16 the movable property distrained or a sufficient portion thereof shall be sold by public auction at the time and place so proclaimed; and the proceed shall be applied in discharge of the said amount and costs, and the surplus (if any) shall be returned to the distrained property.]
[19. No distraint after three mouths from close of the year. - No arrear of any assessment payable under this Act shall be levied by distress after the expiration of three months from the close of the year on account of which it is due.]
[20. Irregularities not to avoid distress. - No distress levied under this Act shall be deemed unlawful or shall any person making the same be deemed a trespasser, on account of any defect or want of form in any list assessment-notices, summons, power, writing inventory or other proceeding relating thereto, nor shall such person be deemed a trespasser from the commencement on account of any irregularity after wards committed by him:
But all persons aggrieved by any such irregularity may subject to the provisions of Section 33 recover in any Court of competent jurisdiction full satisfaction for any special damage sustained by them.]
[21. Duties of village policeman. - (1) Every village-policeman appointed under this Act shall perform the following duties:-
(i) he shall give immediate information to the officer in charge of the police-station within the limits of which his village is situated, of every unnatural suspicious or sudden death which may occur and of every offence specified in the Schedule which may be committed within such village;
(ii) he shall keep the police informed of all disputes which are likely to lead to any riot or serious affray;
(iii) he shall arrest-
(a) all proclaimed offenders,
(b) all persons whom he may find in the act of committing any offence specified in the Schedule, and
(c) any person against whom a hue and cry has been raised of his having been concerned in any offence specified in the Schedule whether such offence has been or is being committed within or outside his village;
(iv) he shall to the best of his ability prevent and may interpose for the purpose of preventing the commission of any offence specified in the Schedule;
(v) he shall assist private persons in making such arrests as they may lawfully make, and shall without delay report such arrest to the officer incharge of the police-station within the limits of which his village is situated;
(vi) he shall receive into this custody persons who have been lawfully arrested;
(vii) he shall observe and from time to time report to the officer in-charge of the said police-station the movements of all bad characters in his village;
(viii) he shall report to the officer in charge of said police-station the arrival of suspicious characters in the neighbourhood;
(ix) he shall at such intervals as the Deputy Commissioner may determine, report to the officer in-charge of the said police-station the births and death (if any) which have occurred within his village;
(x) he shall present himself at the said police-station at such intervals as the Deputy Commissioner may determine;
(xi) he shall supply any local information which the Deputy Commissioner or is expedient to employ police enrolled under the Police Act 1861 instead of village-policemen in any mining area to be specified in such notification and may at time withdraw such notification.
(xii) he shall obey the orders of the Deputy Commissioner in regard to keeping watch in his village and to other matters connected with his duties as village-policeman.
(2) The expression."his village" as used in this section with reference to any village-policeman means village for which such village-policeman is appointed.]
[22. Procedure on arrest by village-policeman. - Whenever in a village into his custody, any person lawfully arrested he shall forthwith take the person so arrested to the police-station within the limits of which the village for which he is appointed is situated:
Provided that, if the arrest is made at night, such person shall be so taken as soon as convention on the following morning.]
[Part II]
A Special Provision for Mining Areas
22A. Employment of police enrolled under Police Act 1861. - The [State] Government may by notification direct that it is expedient to employ police enrolled under the Police Act 1861 instead of village-policemen in any mining area to be specified in such notification and may at time withdraw such notification.
22B. Crediting of sums assessed to provincial revenues. - On the issue of such a notification all amounts which may be collected under Sections 6,7 and 8 in respect of any area included in such notification shall be credited to the general provincial revenues in such manner as the [State]Government may by general order direct.
Part III
Road-patrols
- List of proprietors and tenure holders liable for maintenance of road-patrols and fixing of number and salary of patrols.- The Deputy Commissioner hold their estates and tenures subject to a conditions expressed or implied of protecting lines of roads of passes, and shall fix the number of road-patrols to be kept up for such roads of passes, and salary to be paid monthly to each road-patrol:
Provided that such salary shall in no case be less than three or more than five rupees per mensem.
- Copies of entries to be given to proprietors and tenure-holders.- A copy of the entry in such list affecting him shall be given to each proprietor or tenure-holder.
- Appeal from entries in list.- If any proprietor or tenure-holder is dissatisfied with such entry, he may within thirty days of the receipt of the copy of the entry, to the Commissioner who shall pass such order as seems to him proper.
- Proprietors and tenure-holders entitled to receive rent for land held by patrol in lien of or in addition to, his salary.- (1) When any land is held under any proprietor or tenure-holder by any road patrol in lieu of or in addition to, his salary, for the protection of any road or pass, the proprietor or tenure-holder who is responsible for the protection of such road or pass, shall, if assessed under Section 23, be entitled to receive rent for such land at the same rate as is paid for similar 'raiyatwari'land in the vicinity.
(2) The Deputy Commissioner shall send to each such proprietor or tenure-holder an order in the form prescribed under Section 37, specifying the land for which he is entitled to receive rent at the said rate.
- Payments of salaries to road-patrols.- All proprietors and tenure-holders specified in the list mentioned in Section 23 shall each month pay the same to the road-patrols to whom it is due.
- Recovery of sums due for such salaries.- (1) If the sum due from any proprietor or tenure-holder for any month is unpaid after the fifteenth day of the next succeeding month, the Deputy Commissioner shall issue a notice calling on the defaulter to pay the same together with the costs of serving the notice within fifteen days from the service of the notice.
(2) If the amount specified in any notice issued under sub-section (1) is not paid within fifteen days, the Deputy Commissioner may-
(a) realize the same by any process provided by any law for the time being in force for the recovery of a public demand, or
(b) attach the holding of such proprietor or tenure-holder, and retain possession of the same until such amount has been recovered out of the income derivable therefrom.
- Duties of road-patrol.- Every road-patrol appointed under this Act shall perform the following duties:-
(1) he shall patrol the roads within his beat, under instructions from the Superintendent of Police, and shall protect all travellers passing along his beat;
(2) he shall arrest-
(a) all proclaimed offenders,
(b) all persons whom he may find in the act of committing any offence specified in the Schedule, and
(c) any person against whom a hue and cry has raised of his having been concerned in any such offence.
(3) he shall forthwith take all persons so arrested to the police-station within the limits of which he acts as road-patrol;
(4) he shall report to the officer-in-charge of the police-station within the limits of which his beat is situated the movements of all bad or suspicious characters along his beat, as well as all unusual circumstances that come to his notice; and
(5) he shall supply any local information which the Commissioner or any officer of police may require.
Part IV
Miscellaneous
[30. Power to appoint and dismiss village Policeman or road-patrol. - [The [State] Government may appoint and may dismiss for misconduct or neglect of duty, any village-policeman or road-patrol].
[30. Power to appoint and dismiss road-patrol. - The [State] Government may appoint and may dismiss for misconduct or neglect of duty, any [x x x] Road-Patrol.
[31. Penalty on village policeman or road patrol for certain offences. - Every village policeman or road-patrol who-]
(a) withdraws himself from the duties of this office without the express permission of the Superintend of Police, or of some other duly authorized to grant such permission, or
(b) resigns his office without the permission of the Superintendent of Police, unless he has given to his superior officer, at least two months previously, a written notice of his intention to resign, or
(c) is guilty of cowardice, or
(d) offers any unwarrantable personal violence to any person in his custody,
shall be liable, on conviction before a Magistrate, to a fine not exceeding three 'months' pay, or to imprisonment for a period not exceeding three months or to both.
[31. Penalty on village policeman or road patrol for certain offences. - Every [xxx] road-patrol who-]
(a) withdraws himself from the duties of this office without the express permission of the Superintend of Police, or of some other duly authorized to grant such permission, or
(b) resigns his office without the permission of the Superintendent of Police, unless he has given to his superior officer, at least two months previously, a written notice of his intention to resign, or
(c) is guilty of cowardice, or
(d) offers any unwarrantable personal violence to any person in his custody,
shall be liable, on conviction before a Magistrate, to a fine not exceeding three 'months' pay, or to imprisonment for a period not exceeding three months, or to both.
[32. Power of Superintendent of Police to fine village policeman road-patrol. - Every village policeman or road-patrol who is guilty of any wilful misconduct in his office, or any neglect of his duty such misconduct or neglect not being an offence within the meaning of the Indian Penal Code and not being of so grave a character as, in the opinion of the Superintendent of Police, to require his dismissal from his office shall be liable, under the order of the Superintendent, to a fine not exceeding one month's salary.]
[32. Power of Superintendent of Police to fine road-patrol. - Every [xxx] road-patrol who is guilty of any wilful misconduct in his office, or any neglect of his duty such misconduct or neglect not being an offence within the meaning of the Indian Penal Code and not being of so grave a character as, in the opinion of the Superintendent of Police, to require his dismissal from his office shall be liable, under the order of the Superintendent, to a fine not exceeding one month's salary.]
- Limitation of suits.- Every suit brought against the Deputy Commissioner or any of his officers, or any person acting under his direction, for anything done or purporting to be done by the defendant under this Act, shall be commenced within six months next after the accrual of the cause of action, and not afterwards.
- Control by Commissioner, and delegation of powers and functions.- The Commissioner shall have a general power of control over the proceedings of all officers under this Act, and may appoint any Gazetted Officer to exercise and perform all or any of the powers and functions vested in and exercisable by the Deputy Commissioner or the Superintendent of Police under this Act.
- Service of notice.- Every notice under this Act shall be served either personally on the person to whom the notice is directed or by affixing a true copy thereof on some conspicuous part of his dwelling house of principal cutcherry, within the district.
- Saving of liability of proprietor or tenure-holder to report crimes.- Nothing contained in this Act shall diminish or in an way affect any liability, duty or obligation of any proprietor or tenure-holder under any law for the time being in force, to report crimes or offences occurring within his estate or tenure.
- Power to make rules.- [(1) The Commissioner, may, subject to to the Control of the [State]Government 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-
(a) prescribe the manner in which the assessment under Sections 6 and 7 is to be made;
(b) regulate the alteration of assessment under Section 9,
(c) [ x x x]
(d) regulate the duties and procedure of Panchayats;
(e) fix the penalty to be levied under Section 16;
(f) prescribe form for use under Section 16 or Section 26.
(3) All such rules shall be published in the [Official Gazette].
- Power to make rules.- [(1) The Commissioner, may, subject to the Control of the [State]Government 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 prescribe forms for use under Section 26.
(3) All such rules shall be published in the [Official Gazette].
- Repeal.- The Chota Nagpur Rural Police Act, 1887, is hereby repealed.
(2) Section 21 of the Bengal Police Regulation, 1817, shall be deemed to be repealed in any district or specified part of a district to which this Act or any portion thereof has been extended under sub-section (3) of Section 1.
[The Schedule]
(See sections 21 and 22)
Offence to be reported and for which village-policeman or road-patrol must arrest
Murder, culpable homicide, rape, dacoity, robbery, theft, mischief by fire, house-breaking, counterfeiting coin, causing grievous hurt, riot, administering stupefying drugs,kidnapping and all attempts and preparations to commit and abetments of,any the said offences.
