Section 43 Delhi Police Act: Recovery of Amounts Payable Under Sections 38, 39, 40 and 41
Section 43 prescribes how authorities may recover amounts due for additional police deployment or compensation under four specified provisions of the Delhi Police Act, 1978. It treats those amounts as recoverable in the same manner as arrears of land revenue.
Text of Section 43
Any amount payable under section 38, section 39, section 40 or section 41 shall be recovered in the same manner as if it were an arrear of land revenue.
Meaning and legal effect of Section 43
The section establishes a recovery mechanism. Where an amount is legally payable under any of Sections 38 to 41, the relevant authority can use the procedure applicable to the recovery of arrears of land revenue, subject to governing law and applicable procedural safeguards.
Arrears of land revenue refers to unpaid revenue recoverable through the statutory revenue-recovery machinery. Section 43 borrows that method of collection; it does not turn every police-related charge into land revenue or independently establish liability.
Importantly, Section 43 does not itself prescribe a fixed charge, identify every person liable, or dispense with the conditions in the underlying provisions.
Which amounts are covered?
| Provision | Subject | Connection to Section 43 |
|---|---|---|
| Section 38 | Additional police deputed on a person's application to keep the peace or perform specified duties. | Costs payable by the applicant may be recovered under Section 43. |
| Section 39 | Additional police in an area notified because of a special danger to public peace. | Amounts apportioned for the deployment may be recovered under Section 43. |
| Section 40 | Additional police at large works, public amusements, or certain workplaces. | Costs charged to the person carrying on the relevant activity may be recovered. |
| Section 41 | Compensation arising from specified loss, damage, death or grievous hurt connected with an unlawful assembly. | Compensation payable under that section is recoverable through the same mechanism. |
How does recovery work?
- Underlying liability: An amount must first be payable under Section 38, 39, 40 or 41 in accordance with that section.
- Identification of the amount and liable persons: The applicable statutory process determines the relevant demand, allocation or compensation.
- Recovery: Section 43 permits recovery as if the amount were an arrear of land revenue. The precise recovery steps depend on the applicable revenue-recovery law and official action.
Section 43 is not a standalone authority to impose an arbitrary charge. A person receiving a demand should check its statutory basis, calculation, the authority issuing it, and any available dispute mechanism.
Disputes and related protections
Section 42 provides a reference to the Chief Metropolitan Magistrate, on an aggrieved party's application, for specified disputes concerning costs under Sections 39 and 40 or compensation under Section 41, including who should pay and in what proportion. Section 38(4) separately provides for disputes about the amount of costs under Section 38 to be referred to the District Collector.
Section 44 and Section 45 should also be read where compensation or recovery under Sections 39 and 41 is involved. The application of these provisions depends on the facts and the current statutory text.
Illustrative example
If additional police are deployed for a qualifying large public event under Section 40 and a lawful amount becomes payable by the organiser, Section 43 supplies the method for recovering that unpaid amount. Whether the deployment, charge and recovery are valid must be assessed under the applicable provisions and official orders.
Frequently asked questions
What does Section 43 of the Delhi Police Act provide?
It provides that amounts payable under Sections 38, 39, 40 or 41 are recoverable in the same manner as arrears of land revenue.
Does Section 43 itself determine the amount due?
No. The underlying liability arises under Sections 38 to 41. Section 43 specifies the method of recovery.
Can a person dispute a demand for additional police costs?
The applicable route depends on the source of the demand. Section 38(4) addresses disputes about costs under Section 38; Section 42 addresses specified disputes under Sections 39 to 41.
Official legal references
- India Code - Government of India legislative database (search for the Delhi Police Act, 1978, Act 34 of 1978, and consult Sections 38 to 45).
- e-Gazette of India (for relevant notifications and amendments).
- Delhi Police official website (for departmental information).
This article explains the statutory wording reproduced above. For a particular demand or dispute, check the current consolidated legislation, relevant notifications and applicable recovery rules.