46.Scope of Act.
2[46.Scope of Act. (1) This Act shall not by its own operation take effect in any 2presidency, State or place. But the 3 [State
Government] by an
1 Subs. by Act 8 of 1895, s. 15, for the original section.
2 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 (Bom. 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, Nimar;
(5) Bengal and Assam;
(6) several districts in the Punjab, see Notification No.
971, dated 15th May 1861, Calcutta Gazette, 18th May 1861, 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. I, 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.
Subs, by the A. O. 1937, for " G. G. in C.".
21.order to be published in the Official Gazette may extend the whole or any part of this Act to any presidency, 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, State or place.
(2) When the whole or any part of this Act shall have been so extended, the 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,
(c) generally, for giving effect to the provisions of this
(3) All rules made under this Act may from time to time be amended, added to or cancelled by the State Government.]
47.Authority of District superintendent of Police over village police.
47.Authority of District superintendent of Police over village police. It shall be lawful for the State Government in carrying this
Act into effect in any part of the territories subject to such State
Government, to declare that any authority which now is or may be exercised by the Magistrate of the district over any village-watchman or other village police-officer for the purposes of police, shall be exercised, subject to the general control of the Magistrate of the district, by the District Superintendent of Police.
(See section 8.)
A. B. has been appointed a member of the police-force under Act of 1861, and is vested with the powers, functions and privileges of police-officer.
Last updated date on 1.10.2006