46 Police Act - Scope of Act

Section 46 of Indian Police Act 1861 - Scope of Act

(1) This Act shall not by its own operation take effect in any 3presidency, 4[State] or place. But the 1[State Government] by an order to be published in the Official Gazette may extend the whole or any part of this Act to any presidency, 4[State] or place, and the whole or such portion of this Act as shall be specified in such order shall thereupon take effect in such presidency, 4[State] or place.

(2) When the whole or any part of this Act shall have been extended, the 1[State Government] may, from time to time, by notification in the Official Gazette, make rules consistent with this Act

(a) to regulate the procedure to be followed by Magistrates and police-officers in the discharge of any duty imposed upon them by or under this Act;

(b) to prescribe the time, manner and conditions within and under which claims for compensation under section 15A are to be made, the particulars to be stated in such claims, the manner in which the same are to be verified, and the proceedings (including local enquiries if necessary) which are to be taken consequent thereon; and

(3) All rules made under this Act may from time to time be amended, added to or cancelled by the 1[State Government].]

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1. Subs. by the A.O. 1950, for "Provincial Government" which had been subs. by the A.O. 1937, for "L.G.".

2. Subs. by Act 8 of 1895, s. 15, for section 46.

3. In the States of Madras and Bombay there are special Police Acts, see the Madras District Police Act, 1859 (24 of 1859) and the Bombay District Police Act, 1867 (Born. 7 of 1867). In the Lower Provinces of Bengal, Bengal Act 7 of 1869 is to be read and taken as part of Act 5 of 1861, see s. 6 of the former Act.

This Act has been extended under the power conferred by the original section to (1) the U. P. including Ajmer-Merwara then under that Government, see Notification No. 964 in the North-Western Provinces Gazette, 1861, p. 634:

[The orders as to enforcement of the Act in 27 districts in the U. P., in Hamirpur, Jalaun, Jhansi, Lalitpur, Naini Tal (including the Tarai Parganas) and Almora and Garhwal, issued under the original s. 46, paragraph 2 (after the Act had been extended under paragraph 1 of that section to the whole province) are kept in force by s. 16 of Act 8 of 1895.]

(2) Oudh, see Notification No. 34 in the North-Western Provinces Gazette, 1861, p. 1758 ;

(3) the tract of land between Allahabad and Jubbulpore ceded in full sovereignty by certain Native States ;

(4) the C. P., Districts of Nagpur, Raipur, Bhandara, Chanda and Chhindwara, Sironcha, Nimsar;

(5) Bengal and Assam;

(6) several districts in the Punjab, see Notification No. 971, dated 15th May, 1861, Calcutta Gazette, 18th May1861, p. 1302.

Under the power conferred by the section as it stood before the 1st April 1937, it has been extended as follows to--

(1) Madras: ss. 15, 15A, 16, 30, 30A, 31 and 32 of the Act have been extended to the whole of the Madras Presidency, see Notification No. 728, dated 31st October 1895, Gazette of India, 1895, Pt. I., p. 876.

(2) Eastern Dooars in the Goalpara District, see Notification No. 230, Gazette of India, 1897, Pt. 1, p. 198.

(3) the North and South Lushai Hills and the tract known as Rutton Puiya's villages including Demagri (now known as the Lushai Hills) see Gazette of India, 1898, Pt. 1, p. 370.

4. Subs. by the A.O. 1950, for "Province".