Section 132 of the Delhi Police Act, 1978: Disposal of Fees, Rewards and Penalties
Section 132 determines how specified fees, sums, rewards, forfeitures and penalties arising under the Delhi Police Act, 1978 are to be accounted for, and provides a limited exception for rewarding police officers for special services.
Section 132 - Statutory provision
All fees paid for licences or permissions granted under this Act, and all sums paid for the service of processes by police officers and all rewards, forfeitures and penalties or shares thereof, which are by law payable to police officers as informers shall, save in so far as any such fees or sums belong under the provisions of any enactment for the time being in force to any local authority be credited to the Government:
Provided that with the sanction of the Administrator or under any rule made by the Administrator in that behalf, the whole or any portion of any such reward, forfeiture or penalty may for special services, be paid to a police officer or be divided amongst two or more police officers.
Meaning and scope of Section 132
The general rule is that the amounts described in Section 132 are credited to the Government rather than retained personally by a police officer. The section deals with the destination of these amounts; it does not itself prescribe a new licence fee or create a separate offence.
1. Licence and permission fees
Fees collected for licences or permissions granted under the Delhi Police Act ordinarily must be credited to the Government, subject to the express exception for amounts belonging to a local authority under another law in force.
2. Fees for service of processes
Amounts paid for the service of legal processes by police officers are also covered by the statutory direction concerning credit to the Government.
3. Rewards, forfeitures and penalties
The section also addresses rewards, forfeitures, penalties and shares of those amounts that are legally payable to police officers in their capacity as informers. Their treatment is governed by the general crediting rule and the proviso.
4. Exception for local authorities
If another enactment in force provides that a relevant fee or sum belongs to a local authority, Section 132 preserves that entitlement. The statutory exception must be assessed against the applicable enactment.
Proviso: payments to police officers for special services
The proviso permits the whole or part of a qualifying reward, forfeiture or penalty to be paid to one police officer or distributed among two or more officers for special services, but only with the Administrator's sanction or under a rule made by the Administrator for that purpose. It is an enabling provision, not an automatic personal entitlement to money collected.
Important legal terms
- Administrator: The authority referred to in the Act for sanctioning or making rules concerning these special-service payments; its legal meaning and exercise of powers must be read with the Act and applicable constitutional arrangements.
- Local authority: A public local-government body entitled to specified amounts where an applicable enactment so provides.
- Forfeiture: Loss of a sum or property as a legal consequence under an applicable provision.
- Special services: The basis specified in the proviso for a sanctioned or rule-governed distribution; Section 132 does not independently define the expression.
Practical effect and compliance
Authorities handling receipts under the Act should identify the statutory basis of each collection, determine whether any local-authority exception applies, and follow the applicable Government accounting procedure. Any proposed payment to officers for special services should be supported by the required sanction or applicable rule and proper records.
Official law and further reading
For the primary legislative text, consult the Delhi Police Act, 1978 on India Code (official PDF) and the Delhi Police Acts and Rules directory. Always check any applicable rules, notifications and subsequent amendments when applying the provision to a particular transaction.
Frequently asked questions
Can a police officer keep a licence fee collected under the Act?
Section 132 ordinarily requires the specified fees to be credited to the Government, subject to the statutory exception concerning local authorities. The special-services proviso concerns rewards, forfeitures and penalties, not a general right to retain licence fees.
Can rewards or penalties be distributed among police officers?
Yes, where the requirements of the proviso are met: a special-service payment must have the Administrator's sanction or be made under a rule made for that purpose.
Does Section 132 itself set a fine or punishment?
No. It regulates the disposal of certain sums; penalties and their legal basis must be found in the relevant substantive provisions.