Chapter V of the document outlines special measures for maintaining public order
and the safety of the state.
Section 47 - Employment of Additional Police:
- Allows the Commissioner or Superintendent to assign more police officers on request.
- The person requesting must cover the cost.
- Police are under the authority of the police department.
- The person can request their withdrawal after a month.
Section 48 - Employment of Additional Police at Large Works and for Employee Behavior:
- Police can be assigned to places with large gatherings or where employee behavior is concerning.
- The cost is the responsibility of the entity running the place.
- Costs are determined by the government.
Section 49 - Recovery of Costs of Additional Police:
- Disputes about costs are resolved by the Chief Presidency Magistrate or District Magistrate.
- The Collector can recover the amount like land revenue if necessary.
Section 50 - Employment of Additional Police in Cases of Special Danger:
- Allows the State Government to assign extra police if an area is disturbed or dangerous.
- Costs are recovered as taxes imposed on residents or specific groups.
- Municipalities may collect this tax with a small additional fee.
- The State Government can extend the assignment period if needed.
Section 51 - Compensation for Injury by Unlawful Assembly:
- Covers compensation for property damage, death, or grievous harm by an unlawful assembly.
- The District Magistrate specifies the affected area and date.
- Compensation amounts are taxed and collected from residents or specific groups.
- Municipalities may collect this tax with a small additional fee.
- The District Magistrate can exempt some individuals from paying.
- The State Government can review and modify orders.
- No civil lawsuits for compensated losses.
Section 52 - District Magistrate to Award Compensation:
- The District Magistrate decides who gets compensation.
- Claims must be made within 45 days and individuals should be blameless in the incident.
- Compensation cannot be assigned or seized and is not subject to setoff.
- Orders can be revised by the State Government.
Section 53 - District Magistrate's Role Under State Government Orders:
The District Magistrate acts based on State Government orders.
Section 54 - Proportionate Recovery of Costs and Compensation:
- Explains how landlords can recover a portion of costs from tenants.
- The amount is proportional to the rent.
- Recovery can't be done in Greater Bombay during the application of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.
Sections 55 and 56: Dispersal and Removal
- Section 55 allows authorities to disperse groups or gangs causing danger or alarm in their area.
- Section 56 permits the removal of individuals causing alarm, engaged in criminal activities, or involved in offenses against public order.
Section 57: Removal of Convicted Persons
Section 57 enables the removal of individuals convicted of specific offenses, if they are likely to reoffend.
Section 57A: Removal of Beggars
Section 57A authorizes the removal of individuals declared as beggars in areas where the relevant act is enforced.
Sections 58 and 59: Duration and Due Process
- Section 58 specifies the maximum duration for removal orders (up to two years).
- Section 59 outlines the due process before issuing removal orders, including providing the person a chance to explain their situation.
Sections 60 to 63: Enforcement and Appeals
- Sections 60 and 62 detail the enforcement measures if individuals do not comply with removal orders.
- Section 61 establishes the finality of orders, except on specific grounds.
- Section 63 allows for temporary permissions for re-entry.
Section 63A: Control of Assemblies and Uniforms
Section 63A permits the prohibition or restriction of meetings, drills, and the wearing of specific uniforms for public order and security reasons.
Section 63B: Village Defense Parties
- Section 63B authorizes the formation of voluntary Village Defense Parties for protecting villages.
- Members are chosen based on suitability and age criteria.
- Officers oversee these parties at different levels.
- Members and officers receive training and have specific powers while on duty.
- They are not disqualified from political roles based on their membership or service in these parties.
Written By: Harshavardhan Prakash Deshmukh, 4th Year Of B.A.LL.B. - Modern Law College, Pune
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