THE PUNJAB VILLAGE AND SMALL TOWNS PATROL ACT, 1918

1918 : Pb. Act VINT.) viuiace anp smaLL Towns 591 PATROL THE PUNJAB VILLAGE AND SMALL TOWNS PATROL ACT, 1918. CONTENTS SEcrIons. ]. Title and cxteht. 2. Definitions. 3. Order for performance of patrol duty. 4. Appointment of village panchayat. 5. Substitutes. 6. Exemptions. 7. Deputy Commissioner’s power of general control 8. Delegation. | 9. Fine on defaulting persons, 10. Decision of majority to prevail. 11, Fine on defulting village. 12. Appeal 13. Powers and privileges of patrols. 1918 : Pb. Act VOW.) vinuaGcr anp sMALL TOWNS 593 . PATROL THE PUNJAB VILLAGE AND SMALL TOWNS PATROL ACT, 1918. PunsaB Act VIII or 1918. [Received the assent of the Lieutenant-Governor of the Punjab on the 7th June, 1918, and that of the Gover- nor-General on the 21st June, 1918, and was first publish- ed’ in the Punjab Gazette of the 12th July, 1918.] 1 2 3 4 . . Wnether repealed otherwise Year | NO, Short title affected Seria los 1918 ..| VIIT | The Punjab Village and] Amended by Punjab Act It of Small Towns Patrol Act,} 1942* 1918 Amended by the Indian Indepen- dence (Adaptation of Bengal and Punjab Acts) Order, 1948 (G. G. Q. 40) ; Amende¢ by the Adaptation of Laws Order, 1950 . Amended by the Adaptation of Laws (Third Amendment) Order of 1951 Extended to the territories, which immediately before vhe Ist. Nov- ember, 1956, were comprised in the State of Patiala and East punjab States Union, by Punjab Act 30 of 1958*. Amended by punjab Act 25 of 1964° An act to make provision for the performance of nightly patrol duty by the inhabitants of villages and small towns in ‘Punjab in case of emergency. Wuereas it is expedient to make provision for the performance of nightly patrol duty by the inhabitants of villages and small towns in ‘Punjab in case of emergency; It is hereby enacted as follows:— 1; (1) This Act may be called the Punjab Village | Title and ex- and Small Towns Patrol Act, 1918 Vor Statement of Objects and Reasons, see Punjab Gazette, 1918, Part V, pages 172 and 173; for Report of Select Committee, see ibid, Part V, pages 336 and 337 and for proceedings in Council, see ibid, 1918, Part V, pages 276—96 and 415—34. 2See Punjab Gazette, 1918, Part V, pages 504 and 505. 8Kor Statement of Objects and Reasons, see Punjab Gazette. 1942, Part I, page 83 ; and for proceedings in the Assembly, see the Punjab Legislative Assembly Debates, Vol. XVIII, page 435. 4For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1958, page 1494. 6For Statement of Objects and Reasons, see Punjab Government Gazette (Extraordinary), 1964, pages 935—37, 6Substituted for the words “East Punjab” (which had been inserted for the word “the Punjab” by the Indian Independence (Adeptation of Bengal and Punjab Acts) Order, 1948) by the Adaptation of Laws (Third Amendment) Order, 1951, | 594 VILLAGE AND SMALL 'rowns [1918 >PboA PATROL ve Vi, (2) It extends to ‘[Union. territory of Chandigarh) Definitions, 2. In this Act— “Village” includes a town with a. population exceeding ten thousand inhabitants accordi to the last census; also any recognized sui? division of a village or of such a town; . “village headman” means the person only ayp,; to perform the duties of the village feat “village panchayat” means *[(a) in the case of . municipality, the municipal committee: (b) in the case of.a notified area, the notified area _ committee; (c) in the case of a smal] town the small town committee; and (d)] in the case of any other village, the whole body of the village headmen and such other persons as the Deputy-Commissioner may appoint on a report made, after consulting the village community - cencerned, by the zaildar or-other person denut- _ ed for the purpose by the Deputy Commis. _ sioner; provided that the number of persoas so appointed shall not be more than twice the number of the village headmen. Order aoe ne 3. (1) When the Deputy Commissioner is of ovinion oT duy. > that in any village in his district (a) special measures are required to secure the public safety, and (b) the inhabi- tants have not, either voluntarily, or on being required so to do by the Deputy Commissioner, made sufficient pro- : vision for watch and ward, he may make an order in writ: - ing that from such-date as he may fix in the order all able bodied adult male inhabitants of the village shall be liable to patrol duty. —— 6 (2) An order under sub-section (1) shall remain in order, eung : Deputy force for such period not exceeding one year as the Dep Commissioner may fix; but it may be renewed from time to time as the Deputy Commissioner may direct. —— 4 1Substituted for the word “Punjab” by the Punjab Reorganisay (Chandigarh) (Adaptation of Laws on State and Concurrent Subjecr Order, 1968 ty, tbe > _2Subsdtuteg for the words “in the case of a municipality, °. municipal committee and” by Punjab Act IT of 1942, section 2 1918 : Pb. Act VEIL] vVinLace AnD SMALL TOWNS 595 PATROL (3) An Order under sub-sectio ‘ n (J ) Ypneelintion of cancelled at any time by the Deputy Sciatic = be order " 4 (1) When the Deputy Commissio sioner ha Appointment of order under Section: 3 he shall, unless the ioe he village camel muunicipality la notified area or a small town], appoint a village panchayat” for the village. . (2) The village panchayat of any village in resoect of | Number and which an order under section 3 has been passed shall repurt — =__ forthwith— (a) the number of able-bodied adult male inhabi- tants of the village; (b) the number of persons which in their opinion will be required for patrol duty each night; (c) the method by which in their opinion such per- sons shall be selected, that is, whether by rota- tion or by lot or otherwise. | (3) Upon receipt of the report of the village pancha- yat the Deputy Commissioner shall determine the number of persons required for patrol duty and the method of their selection, and shall inform the village panchayat of his decision. ! . 2 (4) Persons shall ‘be selected by the village panchayat for patrol duty in such numbers and according to such ' ‘methods as the Deputy Commissioner may determine. is by lot, names once drawn (5) Where the selection nes the remaining names on shall not be drawn again until all the list have been drawn. ! plication of a 6) The village panchayat shall by pu “jist i wierwilee inform the persons liable to patrol duty of the date. time, area and nature of such duty. 5. Any person liable to patrol duty shall nigel Substitutes. perform such duty or shall provide an able-bodied subsu- ‘tute approved by the village panchayat ee ; pb Act II of 1942, section 3. i ‘Inserted by Fon Panchayat Act, 1953 (Punjeb Act No. IV of AND SMALL TOWNS (1918 : Ph. Act yyy q PATROD, . 506 VILLAGE Fremptions. 6. Exemptions from patrol duty may be granted. Commissioner, or panchayat, subject to confirma. puty Commissioner, (a) by the Deputy (b) by the village tion by the De Commissioner shall have power to ersons required for patrol duty anq selection, to direct that patrolling hole or any portion of the village area and control all matters relat. ey —" 7. The Deputy comer at genera) alter the number of p the method of their control may extend to the w and generally to regulate ing to patrol duty: Provided that before altering the method of selection, he shall consult the village panchayat. Detecution 8. The Deputy Commissioner may delegate to any sub-divisional officer or any 11Executive Magistrate] of the rst class all or any of his powers under sections 4, 6 or 7 of this Act. . Fine on de 9. (1) The village panchayat may impose a fine not faulting PeS02< ey oeeding five rupees on any person who has failed with- out sufficient cause to perform patrol duty personally or by substitute; provided that tke fine shall be imposed with- in fifteen days of such failure. (2) All fines imposed under sub-section (1), may, upon application by the village panchayat, be recovered by the Collector as an arrear of land revenue. (3) No appeal shall lie from an order of fine passed by a village panchayat; but the Collector may in his dis- eretion refuse to order the recovery of the fine. (4) All fines recovered under this section shall be eX- pended in such manner as the village panchayat may deter- mine, D ; oteete th se _ 10. The decision of the majority of the members of & vail. village panchayat at the time assembled shall be deeme Fine on de. to he the decision of the panchayat. faulting village . 11: (1) Where, in the opinion of the Deputy Com missioner, any village or part thereof, in respect of which an order under section 3 (1) has been passed, fails to pro- vide for the due performance of patrol duties, the Dept clpnigictipisccl acmrpparaeni ———. of 1Substituted for the word “Magistrate” by Punjab Act No. 3 RS A 1918 : Pb. Act VOL] vintace AND SMALL PATROL TOWNS 597 Commissioner may by written order j may extend to one hundred ru the village or part thereof : impose a fine which pees In any one case upori Provided that before imposing any fine under this section the Deputy Commissioner shall give ten days’ no- tice by beat of drums or otherwise to the village, and shall consider any objections that may be received by him. (2) The Deputy Commissioner, after such enquiry as he may deem necessary, shall apportion the fine among the inhabitants according to his judgment of their respec- tive means. (3) Any fine under this section shall be recovered as an arrear of land revenue and shall be credited to the Dis- trict Board, and may be expended on rewarding such individuals, or villages as have rendered conspicuous service under this Act, or in such manner as the said Board niay direct. 12. An appeal from an order of the Deputy Com- Appeal. missioner under section 3 or section 11 shall lie to the Commissioner. 13. (1) All persons on patrol duty under this Act oeenate i mae shall exercise the same power and enjoy the same protec- rots. tion and privilege as are exercised and enjoyed by _ vil- lage watchmen. (2) Every person is bound to render to a pefson on patrol duty all the assistance which he is bound to render to a Police Officer. (3) Every person on patrol duty shall be deemed to be a public servant for the purposes of the Indian Penal Code.