Section 42 Delhi Police Act, 1978: Disputes Over Police Costs and Compensation
Section 42 provides a statutory mechanism for resolving disputes about the costs of additional police deployed under Sections 39 and 40, or compensation determined under Section 41. It identifies the authority responsible for referring an aggrieved party's application to the Chief Metropolitan Magistrate.
Text of Section 42
In the event of any dispute relating to the cost payable under section 39 or section 40 or the compensation determined under section 41 or the person or persons or the section or class of persons by whom or the proportion in which such cost or compensation should be paid, the matter shall be referred by the Collector, or the Administrator or the competent authority, as the case may be, on an application made in that behalf by the aggrieved party, to the Chief Metropolitan Magistrate, whose decision thereon shall be final.
Meaning and scope of Section 42
The provision is concerned with disputes about financial liability arising under specified provisions of the Delhi Police Act, 1978. It does not itself create a general power to deploy additional police or award compensation. Those matters are governed by the provisions to which it refers.
Disputes about additional police costs
Section 39 deals with additional police in areas considered disturbed or dangerous and the possible recovery of their costs. Section 40 concerns additional police at large works, public amusements and certain workplaces where the statutory conditions are met. Section 42 provides a route for disputes about costs payable under either provision.
Disputes about compensation
Section 41 addresses compensation where specified loss, damage, death or grievous hurt results from acts done in prosecution of the common object of an unlawful assembly. Section 42 covers disputes concerning compensation determined under that section, including the persons liable and allocation of liability.
Who may apply and who decides?
An aggrieved party must make an application. The Collector, Administrator or competent authority, as applicable, refers the dispute to the Chief Metropolitan Magistrate. Section 42 states that the Magistrate's decision on the referred matter is final. It does not prescribe a specific application form or a numerical filing deadline in its own text.
How a Section 42 dispute is handled
- Identify the underlying cost demand under Section 39 or 40, or compensation determination under Section 41.
- Identify the precise dispute: amount, liability, class of persons or apportionment.
- The aggrieved party makes an application to the appropriate authority for referral.
- The relevant authority refers the matter to the Chief Metropolitan Magistrate.
- The Chief Metropolitan Magistrate determines the referred dispute under Section 42.
This is a plain-language outline of the statutory mechanism, not a prescribed administrative application procedure. Applicable rules, orders and current judicial decisions should also be checked for an individual matter.
Related legal provisions
Read Section 39 (additional police in disturbed areas), Section 40 (additional police at large works), Section 41 (compensation following unlawful assemblies), and Section 43 (recovery of payable amounts) alongside Section 42.
Official legal sources
For the authoritative statute and subsequent amendments, consult the Government of India's India Code legislative database and search for Delhi Police Act, 1978 (Act 34 of 1978). Relevant Gazette notifications and rules should be verified separately where they affect a particular dispute.
Frequently asked questions
Does Section 42 cover the cost of police under Section 38?
Section 42 expressly mentions Sections 39 and 40, not Section 38. Section 38 has its own mechanism for disputes over costs.
Can Section 42 address who is liable to pay?
Yes. The statutory wording expressly includes disputes about the person or persons, section or class of persons, and proportion in which payment should be made.
Who gives the final decision under Section 42?
The Chief Metropolitan Magistrate gives the decision on the referred dispute, which Section 42 describes as final, subject to any remedies otherwise available under applicable law.