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THE POLICE (PONDICHERIRY AMENDMENT)

ACT, 1966
{No. 6 of 1966)

A!3HANGE&lENT OF SECTIONS

SECTION
1. Short title, extent and commencement.
2.

Amendment of section 1.

3. Insertion of new sections 8-A and 8-B.

4.

Insertion of new sections 29-A to 29-C.

6.

Insertion of new sections 35-A to 35-C.

THE POLICE (PONDICHEERY AMENDMENT)

ACT, 1966.
(Act No. 6 of 1966)
18th February, 1966.
AN ACT

to further amend the Police Act, 1861 in its application to the

Uniqn territory of Poadicherry.

BE it enacted by the Legislative Asseinbly of Pondicherry

in the Sixteenth Year of the Republic of India as fo1Iows :1. Short title, extent and

commencement.-(1)

This Act

(2) It shall extend to the whole of the Union territory of

Pondicherry.
(3) It shall come into force at once.
2. Amendment of section 1.-Section

1 of the Police Act,

1861 (5 of 1861) (hereinafter referred to as the principal Act)
shall be renumbered as sub-section (1) thereof and after subsection (1) as so re-numbered, the following sub-section shall
be inserted, namely :"(2) Unless the context otherwise requires,-

(a) 'public place' means a place

(including a road,

ing place) to which the public are granted

or have
- access
.
a right to resort, or o i e r khidh th& have a rig<t to-pass;
(b) 'State Government' means the Central Government and inc!udes tile Adm:nistrator of the Union territory of Pondicherry appointed by the President under
article 239 of the Constitution ;".

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...

3. lhsertfoh
i$&&&d&S*g-s'&' P - B . L ~ ~&on
~&~8
of the principal 'A&, 'the-fdllowing {ections shall be i n s e h d ,
I
..
namely :-

>

"8-A. Unlawful assemption of police functions, personation etc.-Any person wha(a) unlawfully assumes any function assigned to, or
power conferred on, a police officer, or
(b) has in his possession, without any lawful excuse,
any distinctive article of any dress required to be worn
exclusively by a police officer, or
(c) puts on any dress with the intention of being taken
as a police officer, or
id) personates a 2olice officer,
shall, in addition to any other punishment to which h e may
be liable for any ol'fence committed by him under such assumed character, be punishable with imprisonment for a term
which may extend- to six months or with fine or with both.

8-B. Penalty for offences against police o5cers.-If

any
person maliciously or without reasonable and probable
c a w prefers any- false , o r f~ivolouscharge . .again$, any
poqw officer., in b y eoyrt. of lgw,, he2sh4
. - , b- -g- p ~ a e e
with imprisonment for a term whikh may extendito three
months or with fine or with both.".
i

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4. Insertion of new sections 29-A to 29-C.-After

section 29 of the principal Act, the following sections shall be
inserted, namely :- ,.*

97-

"29-A. Prohibition of.. .pmo&ing

".
in places of
merits.-(1) If any entertainment (including

entertaincinematograph exhibition, dance or drama) to which members of the

public are admitted, whether on payment or not, is held in
an enclosed place or building, then, no person shall during
the prohibited period, as defined in sub-seetion (2), smoke
either(a) on the stage except in so far as smoking may be
any part of the entertainment, or
(b) in the auditorium, that is to say, in that portion of
the enclosed place or building in which accommodation is
provided for members of the public:

Provided that the State Government may, by notification

in the OfEcial Gazette, exempt any class of entertainments
from the provisions of this sub-section.

(2) For the purposes of sub-section (I)* 'prohibited

period' means so much of the period commencing thirty
minutes before the beginning of the entertainment and
ending with the termination thereof, as may f a l l within the
hours which the State Government may, by notification in
the Off~cialGazette. specify in this behalf for entertainments
generally or any class of entertainments.

'

(3) Any person who contravenes the provisions of this

section shall be liable to be. ejected summarily , from, the
e%bsed 'pl& or building 'ljy & p o ~ =6fficer
e
a6d shall also
be punisha't;~ewith fine &hi&-may extend to fifty rupCes.
(4) A person ejected under sub-section (3) shall not be

entitled to the refund of any payment made by him for

admission to the entertainment or to any other compensation.

2-

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2%-B. ~ o G e i ibf " ~ o l i c on

i the 'de$rr&cg
'of fire..
(1) On the occurrende of a fire, anjr p o ~ c ~ i 8 c & ~ ' a b the
dve
rank of a constable, or any member of the ~ i k&vices
above the rank of a fireman, may(a) remove or crder the removal of any persons who
by their presence, interfere with or impede the operations for extinguishing the fire or for saving life or property ;
(b) close any street or p m a g e in or near which any
fire is burning ;
(c) by himself or those acting under his orders, break
into or through; cr pull dcwn, or use for the passage of
hoses, or other appliances, any premises for the purpose of
extinguishing the fire, doing as little damage as possible;
!d) cause the mains and pipes in any area to be shut
off so as to give greater pressure of water in the place
where the Eire has occurred ;
(e) call on the persons in charge of any fire-engine
io render such assistance as may be possible ; and
(f) generally, take such measures as may appear
necessary for the preservation of life and property.
(2) Any dcmage done on the accurrence of fires by
members of Fire Services or any fire-brigade or by police
officers or their assistants in the due execution of their duties
shall be deemed to be ddaged by-f i r t i - k t bk ~ 'm6aning
k
of
any pc.licy of insurance against fire.

Explanation.-Nothing
in this section shall exempt any
police officer or any member of Fire Services or fire-brigade
from liability to damages on account of any acts done by him
without reasonable cause.

.29-C. Penalty for false alarm of fire;Woevq

-gives or
, : I $ : ;I
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.I"d*
.**
- * 26 .
.
causes to be. given to any fire-brigade or to any , m e m k r
.,. . .
or
. to
. any +ember of the F i r e ~ e r v i c c qwhether by
.\hereof
&sans' of i i t r e i t fire alarm, statekent, message or otherwise, any alarm of fire which lie knows to be false, shall be
punishable for the first offence with fine which may extend
to fifty rupees and for a second or subsequent offence with
imprisonment which may extend to six months and with
fine.".
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5. Jnsertion of new sections 34-A to 34-F.-After

section 34 of the principal Act the following sections shall be
inserted, namely :-

"34-A. Penalty for being found armed between sunset

is
and sunrise intending to commit an offence.-Whoever
found between sunset and s u n r i s e
(i) armed with any dangerous instrument with intent

to commit an offence, or
(ii) having his face covered or otherwise
with tntent to commit an ofience, or

disguised

(iii) lying or loitering or squatting in any bazaar yard

or public place and without being able to give a satisfactory account of himself, or

(iv) in any dv~elling house, or other building, or on

board any vessel or boat, without being able to account
satis&$t~$ly~,forhis, p r- e s e @,ere, or 1
. , Ihr
,

(v) having in his possession, without lawful

any implement of house breaking,

excuse

shall be punishable with imprisonment for a term

may extend to three months.

whicb

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34-B; PenaTty for certln'offehc.es fp p u 6 ~ ~place.-Whoc

'.
'
\?$..
'ever,' iri a n y fiblic' biabe,, - ',t
- -.*,*.. 9,
(i) Driving without lights.-Drives,
drags or pushes any
vehicle at any time between half-an-hour after sunset and
half-an-hour before sunrise without a sufficient light ;
'

) r,

(ii) Driving etc., otherwise than in accordance with rules

of the road.-Without
reasonable cause, drives, drags or
pushes eny v e h i ~ l e otherwise than in accordance with the
rules of the road notified from time to time by the State
Government, or fails to obey the directions of a police
officer for the time being in charge of the regulation of
traffic ;
(iii) Driving etc., animal or vehicle on a foot-way.-Leads
or rides any animal or drives, drags or pushes any vehicle
upon any foot-way, or fastens any animal so that it can stand
across or upon any foot-way ;
(iv) Permittiag cattle or vehicle to be under control of
child.-Permits
any cattle or vehicle to be under the control of a. child under the age of twelve years;
(v) Conveying article which projects more than five
feet.-Conveys
through the streets any article which
projects more than five feet in front or behind the vehicle
or vehikles on which it is placed;

-t)c

2,

,.-*,*,

. -..'

-1

(*4.

(vi) PlfayipeLmhsiq beating, fom~tom;

- . ete.-Beats
a arum
or tom-tom, or blows a horn or trumpet or beats or sounds
any brass or other instrument o r utensil or plays any music
or uses any sound amplifier except at such time and place
and subject to such conditions as may be specified in a licence
_ issued in. this behalf by the Inspector-General of Police or
by any authofity authorised h %hisbehalf by him;
* - 3

$01

Affixing
bills or<defacing walls.-Without the con. (vii)
'
sent of the o ~ & ror occupier, 'in any manner affixes or
causes to be affixed any bill, notice, document, paper OT other
thing upon any public place or upon any building, monument, statue, effigy, post, wall, fence, tree or other erection
therein or in any manner disfigures, writes upon or otherwise
marks, or causes to be defaced, disfigured, written upon or
otherwise marked any such public place or any such building, monument, statue, effigy, wall, fence, post, tree or
(viii) Begging.-Begs or applies for alms, or exposes or
exhibits any sore, wound, bodily ailment or deformity with
the object of exciting charity or extorting alms;
(ix) Using indecent or threatening languages.-Uses any
indecent, threatening, abusive or insulting words or behaves
in a threatening or insulting manner or posts up or affixes
or exhibits any indecent, threatening, abusive or insulting
paper or drawing with intent to provoke a breach of peace
or whereby a breach of the peace may be occasioned ;

shall be punishable with fine which may extend to fifty

rupees or with imprisonment for a term which may extend
to one month.

[34-BB. Penalty for annoying females in public place or

office.-Whoever,
with a view to annoying any female,
wilfully and indecently, exposes his person or any portion
thereof, makes' any gesture, utters &nj word, ' 0;-makes any
sound, intending that such person or portion thereof or
gesture shall be seen or that such word or sound shall be
heard by such female in any public place or office, whether
such exposure, gesture, word or sound is made or uttered
1.

Ins. by Act

of

lQF,section
. . 2,. w.
. e.L

6--5-19%,

from .within .any:house on building o~ not, shall be. punishable with imprisonment for a term wbicb may extend to one
month, or with fine which may extend to fifty rupees, or
with both.]
34-C!. Penalty for committing nuisance in public placeWhoever in or by the side of or near to any public
place, commits a nuisance by easing himself or passing
urine, and whoever having the care or custody of any child
~ n d e rseven years of age omits to prevent such child cominitting a nuisance by eesing himself or passing urine, shall
be punishable with fine which may extend to fifty rupees.

34-D. Penalty for lighting bonfire, burning straw, discharging fire-arm etc., in or near any public place.- (I) Whoever except at such times and places as the Inspector-General
of Police or any person authorised in this behalf by him may
allow, in or near any public place lights any bonfire, sets
fire to or burns anx, straw or other matter, discharges any
fire-arm or air-gun, lets off or discharges any fire-work, or
sends up any fire-balloon or permits such act to be done in
premises over which he has control, shall be punishable with
fine which may extend to fifty rupees.

(2) In the a e n t ol any such act is referred to in subsection (I), being done within any private premises, the
person having the immediate control of such premises shall
be deemed to have permitted the act, unless he can prove
that the act- w& eornmitted: Citkou'L: his knowledge.

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34-E. Penalty for drunkenness or riotous or indecent

behaviour in public place.-(1)
Whower is found drunk and
incapable of taking care d himself or is guilty oEf any riotous,
disorderly or indecent behaviour in any public place, in ,any
place of public amusement, or on board any passenger boat

".
-or vessel, shall be punishable with imprisonmeilt for a term
which may extend to one month or with. fine which may
extend to fifty rupees or with both.

(2) Whcever is guilty of any violent, disorderly or

indecent behaviour in any police office or station shall be
punishable with imprisonment for a term which may extend
to one month or with fine which may extend to fifty rupees
or with both.
34-F. Pawnbrokers etc., to report stolen property if
tendered for pawn or sale.-(1) Any officer of police may
deliver to any pawnbroker. dealer in section hand propertv
or worker in metals, a list of any property believed to have
been stolen, and thereupon it shall be the duty of such pawnbroker, dealer or worker as aforesaid? upon any article
answering the description of any of the property set forth
in any such list being offered him in pawn, for sale, or otherwise, to enquire the name and address of the party offering
such article, to seize and detain the article, and forthwith to
communicate to the nearest police station, the fact of such
article having been offered and such name and address as
may be given by the party offering it.

of sub-section
,
(I), shall be punishable Wth fine which may
extend to fifty rupees for every such offence.
(3) A pawnbroker, dealer or worker to whom any such
article as is referred to in sub-seetion (1) is offered may
of the- palice.".

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' [ 34:G.

Prohibition of sale of .tickets. for admfssioh to an

entertainment except under the orders of; and at the'lplaee~
provided and price fixed by the proprietor of ' t h e eniertainz
rnent.-(1)
Whoever sells or attempts to sep tickets for
admissidn l o a place of entertainment, 'except 'under the
orders of, and at the place provided and price fixed in this
behalf by, the proprietor of the entertainment shall be
punishable with imprisonment for a term which may extend
to three months or with fine which may extend to one
hundred rupees or both.
(2) Any Police Officer who takes cognizance of any
offence under sub-section (1) may seize any ticket in respect of which he is satisfied that any such offence has been
committed.

(3) A court trying any offence punishable under subsection (1) may, without prejudice to any other or further
order or orders that may, in its opinion, be passed in the
case, direct the forfeiture of any ticket which may have
been seized under sub-section (2).
-

Explanation.-In

this section,-

(a) "entertainment" means any exhibition, performance, amusement, game or spog to which- persons are
admitted on production of tickets ; and
(b) "proprietor" in relation to any entertainment,
includes any person responsible for the management of
such entertainment".]

- --- - -- 1.

---- - ------Ins. by .Regu!atiun 2 oS 1979,,.sqtion 2( w. e . f. 9-t-1979.'

;.tar.

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section -35 of the principal Act, the fdllwing sections shd3 be

inserted, namely :..

5. m r t i o n of"new"sections 35-A to 35-C.-After

"35-A. Fee for licence.-For every licence or permission

granted under this Act the hspecto~-General of Pdice may
levy such fee not exceeding two rupees as may, from time
to time, be fixed by the State Government.
35-B. Police Officer may arrest without a warrant on
Police Officer may arrest without a
view of offence.-Any
warrant any person committing in his view any offence made
punishable under Sections 29-A, 34-A, 34-B, 34-Cq 34-D,
I E34-E or 34-G.1

breach of conditions of licences.(1) For any breach of any of the conditions of a licence
granted under this Act, the offender shall be liable on conviction to fine, not exceeding one hundred rupees and such
fine may be recovered from the person licensed, notwithstanding that such breach may have been owing to the
default or carelessness of his servant or agent i n charge of
the shop or place.
35-C. Penalty for

(2) Any licence granted to a person who is convicted

for any breach of 2ny of the conditions of a licence g r ~ n t e d
r~nderthis Act, shall also be liable to be cancelled at the
-&scr&ion of the Inspeetor-General of Police."
i- -g3;

1.

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,+

Subs. by ReguMien 2 d 1979, eedtion 3, w. e . f . 9--4-t979.

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