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THE OUDH LAWS ACT, 1876

Title : THE OUDH LAWS ACT, 1876

Year : 1876



CHAPTER IV

VILLAGE AND ROAD-POLICE


29.Right to nominate village-policemen.


29. Right to nominate village-policemen. The nomination to the post of village-policeman shall be made by the zamindar of the village, or, where there are more zamindars than one, by the lambardar as their representative; and, where there are more lambardars than one, the opinion of the majority (unless there is some special provision to the contrary in the village administration-paper) shall prevail.


30.

Obligation to nominate.


30. Obligation to nominate. Every person authorized to nominate to the office of village-policeman shall, within fifteen days after the occurrence of a vacancy in such office, nominate a proper person to the vacant post, and communicate the nomination to the Magistrate of the district.
---------------------------------------------------------------------
1. Subs. by the A. O. 1950, for "Chief Court".
2. See now the Code of Civil Procedure, 1908 (5 of 1908).
3. Ins. by the A. O. 1937.4. See now the Code of Civil Procedure, 1908 (5 of 1908), Sch. I, Order 26, rules 9 to 12.64.31.Discretion to appoint or reject nominee.


31. Discretion to appoint or reject nominee. The person so nominated shall, after due enquiry into his age, character and ability, be appointed or rejected by the State Government.


32.Power to Government to appoint.


32. Power to Government to appoint. In default of such nomination within the said fifteen days, the State Government shall appoint such person as it thinks fit to the vacancy.

Procedure in case of rejection of nominee.

If the nomination has been made within the said fifteen days, but the nominee is rejected, the person authorized to nominate shall, within fifteen days from the date of such rejection, nominate another person to the vacant post; and in default of such nomination, or if such nomination has been made but the nominee is again rejected, the
State Government shall appoint such person as it thinks fit to the vacancy.


33.Appointment of road-police.


33. Appointment of road-police. Subject to the rules to be framed under section 39 and for the time being in force, the State Government may from time to time appoint persons to be 1*[road-police].


34.Duties of village and road policemen.


34. Duties of village and road policemen. Every village-policeman and every road-policeman shall perform the following duties:--

(a) he shall give immediate information to the officer in charge of the police-station appointed for his village or beat--

(1) of every unnatural, suspicious or sudden death occurring in the village of which he is chaukidar, or within his beat;

(2) of each of the following offences occurring in such village or on such beat (that is to say), murder, culpable homicide, rape, dacoity, theft, robbery, mischief by fire, house-breaking, counterfeiting coin, causing grievous hurt, riot, harbouring a proclaimed offender, exposure of a child, concealment of birth, administering stupefying drugs, kidnapping, lurking house-
trespass; and

(3) of all attempts and preparations to commit, and abetments of, any of the said offences:

(b) he shall keep the police informed of all disputes which are likely to lead to any riot or serious affray:

(c) he shall arrest all proclaimed offenders, and all persons whom he may find in the act of committing any offence specified in paragraph (a), clause (2), of this section:
---------------------------------------------------------------------
1. Subs. by the A. O. 1937 for "the road-police of his district".

65.(d) he shall observe and from time to time report to the officer in charge of the police-station within the jurisdiction of which his village or beat may be situate, the movements of all bad characters in or on such village or beat:

(e) he shall report to the officer in charge of such police-
station the arrival of suspicious characters in the neighbourhood:

(f) he shall supply to the best of his ability any local information which a Magistrate or any officer of police may require, and shall promptly execute all orders issued to him by competent authority.


35.Procedure on arrest by village or roadpoliceman.


35. Procedure on arrest by village or roadpoliceman. Whenever a village-police-man or road-policeman arrests any person, he shall take him as soon as possible to the police-station within the jurisdiction of which his village or beat is situate.


36.Dismissal of village or roadpoliceman.


36. Dismissal of village or roadpoliceman. The Magistrate of the district may dismiss any village-police-man or road-policeman for any misconduct or neglect of duty.

Where any village-policeman is guilty of neglect of duty or other misconduct, the person authorized to nominate to his office may report him for dismissal to the Magistrate of the district; and such
Magistrate shall dismiss him accordingly, unless the Magistrate has reason to think that such dismissal would be improper.


37.Acts punishable.


37. Acts punishable. Every village-policeman and road-policeman guilty of any wilful misconduct in his office, or of neglect of duty, such misconduct or neglect not being an offence within the meaning of the Indian Penal Code (45 of 1860).

or withdrawing from the duties of his office without permission and without having given at least two months notice of his intention to withdraw from such duties to the persons authorized to nominate or appoint under sections 29, 32 and 33 (as the case may be),

or offering any unnecessary personal violence to any person in his custody,

Penalty.

shall be liable, on conviction before a Magistrate, to a penalty not exceeding three months pay, or to imprisonment for a period not exceeding three months, or to both.


38.Fines to be credited to such fund as Government appoints.


38. Fines to be credited to such fund as Government appoints. All fines levied under this Act on village-policemen or road-policemen shall be credited to such fund as the State Government from time to time appoints.

66.CHAP

SUBSIDIARY RULES
Last updated on May, 2015
Title : THE OUDH LAWS ACT, 1876

Year : 1876



CHAPTER IV

VILLAGE AND ROAD-POLICE


29.Right to nominate village-policemen.


29. Right to nominate village-policemen. The nomination to the post of village-policeman shall be made by the zamindar of the village, or, where there are more zamindars than one, by the lambardar as their representative; and, where there are more lambardars than one, the opinion of the majority (unless there is some special provision to the contrary in the village administration-paper) shall prevail.


30.

Obligation to nominate.


30. Obligation to nominate. Every person authorized to nominate to the office of village-policeman shall, within fifteen days after the occurrence of a vacancy in such office, nominate a proper person to the vacant post, and communicate the nomination to the Magistrate of the district.
---------------------------------------------------------------------
1. Subs. by the A. O. 1950, for "Chief Court".
2. See now the Code of Civil Procedure, 1908 (5 of 1908).
3. Ins. by the A. O. 1937.4. See now the Code of Civil Procedure, 1908 (5 of 1908), Sch. I, Order 26, rules 9 to 12.64.31.Discretion to appoint or reject nominee.


31. Discretion to appoint or reject nominee. The person so nominated shall, after due enquiry into his age, character and ability, be appointed or rejected by the State Government.


32.Power to Government to appoint.


32. Power to Government to appoint. In default of such nomination within the said fifteen days, the State Government shall appoint such person as it thinks fit to the vacancy.

Procedure in case of rejection of nominee.

If the nomination has been made within the said fifteen days, but the nominee is rejected, the person authorized to nominate shall, within fifteen days from the date of such rejection, nominate another person to the vacant post; and in default of such nomination, or if such nomination has been made but the nominee is again rejected, the
State Government shall appoint such person as it thinks fit to the vacancy.


33.Appointment of road-police.


33. Appointment of road-police. Subject to the rules to be framed under section 39 and for the time being in force, the State Government may from time to time appoint persons to be 1*[road-police].


34.Duties of village and road policemen.


34. Duties of village and road policemen. Every village-policeman and every road-policeman shall perform the following duties:--

(a) he shall give immediate information to the officer in charge of the police-station appointed for his village or beat--

(1) of every unnatural, suspicious or sudden death occurring in the village of which he is chaukidar, or within his beat;

(2) of each of the following offences occurring in such village or on such beat (that is to say), murder, culpable homicide, rape, dacoity, theft, robbery, mischief by fire, house-breaking, counterfeiting coin, causing grievous hurt, riot, harbouring a proclaimed offender, exposure of a child, concealment of birth, administering stupefying drugs, kidnapping, lurking house-
trespass; and

(3) of all attempts and preparations to commit, and abetments of, any of the said offences:

(b) he shall keep the police informed of all disputes which are likely to lead to any riot or serious affray:

(c) he shall arrest all proclaimed offenders, and all persons whom he may find in the act of committing any offence specified in paragraph (a), clause (2), of this section:
---------------------------------------------------------------------
1. Subs. by the A. O. 1937 for "the road-police of his district".

65.(d) he shall observe and from time to time report to the officer in charge of the police-station within the jurisdiction of which his village or beat may be situate, the movements of all bad characters in or on such village or beat:

(e) he shall report to the officer in charge of such police-
station the arrival of suspicious characters in the neighbourhood:

(f) he shall supply to the best of his ability any local information which a Magistrate or any officer of police may require, and shall promptly execute all orders issued to him by competent authority.


35.Procedure on arrest by village or roadpoliceman.


35. Procedure on arrest by village or roadpoliceman. Whenever a village-police-man or road-policeman arrests any person, he shall take him as soon as possible to the police-station within the jurisdiction of which his village or beat is situate.


36.Dismissal of village or roadpoliceman.


36. Dismissal of village or roadpoliceman. The Magistrate of the district may dismiss any village-police-man or road-policeman for any misconduct or neglect of duty.

Where any village-policeman is guilty of neglect of duty or other misconduct, the person authorized to nominate to his office may report him for dismissal to the Magistrate of the district; and such
Magistrate shall dismiss him accordingly, unless the Magistrate has reason to think that such dismissal would be improper.


37.Acts punishable.


37. Acts punishable. Every village-policeman and road-policeman guilty of any wilful misconduct in his office, or of neglect of duty, such misconduct or neglect not being an offence within the meaning of the Indian Penal Code (45 of 1860).

or withdrawing from the duties of his office without permission and without having given at least two months notice of his intention to withdraw from such duties to the persons authorized to nominate or appoint under sections 29, 32 and 33 (as the case may be),

or offering any unnecessary personal violence to any person in his custody,

Penalty.

shall be liable, on conviction before a Magistrate, to a penalty not exceeding three months pay, or to imprisonment for a period not exceeding three months, or to both.


38.Fines to be credited to such fund as Government appoints.


38. Fines to be credited to such fund as Government appoints. All fines levied under this Act on village-policemen or road-policemen shall be credited to such fund as the State Government from time to time appoints.

66.CHAP

SUBSIDIARY RULES
Last updated on May, 2015

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