338. A list of Acts or portion of Acts should be kept in police office and S.P. office.-

There should be in the office of the Superintendent of Police and at each police station a list of the Acts or portions of Acts which concern the police and extend to the whole or part of the district or station, but are not in force throughout the province. The boundaries of the place to which any Act or portion of an Act extends should be stated in the list, if the Act or portion of the Act does not apply to the whole of the district or station.

339. If European deserter is arrested, he must be taken before a Justice of the peace.-

When an European deserter from the Army, Navy, Air Force or Indian Marine Service is arrested, he must be taken before a Justice of the Peace, who should be asked to prepare and sign the descriptive return in the form laid down in Fourth Schedule of the Army Act, as required by Section 163 (i) thereof. The descriptive return should be sent to the Officer Commanding the Military district or station in which the Court is situated. An Indian deserter must be taken before a first class Magistrate. 

If the corps from which the man is believed to have deserted be quartered at the place of capture, or in the immediate vicinity of it, he shall not sent by the Magistrate direct to that corps. If the corps be quartered at a distance, he shall be made over to the nearest Officer Commanding a station.

340. When a person subject to military law deserts the officer commanding will immediately inform to local and railway police.-

When a person subject to military law deserts the Officer Commanding the corps to which he belongs will immediately inform the local and railway police. On receipt of such information the Superintendent will take such action as may be expedient.

341. Reward for apprehension of deserter.-

A reward of Rs.5 will be granted for the apprehension of any of the following classes who is a deserter or is absent without leave (other than an individual who surrenders himself).

Combatants including reservists.

Non-combatant (enrolled) personnel.

Men of the Indian Hospital Corps.

(See Pay and Allowance Regulations for the Army in India, 1938 edition, Part II, paragraph 233).

If the deserter is apprehended as a result of information given by a third party, one-half the sanctioned reward shall be paid to the individual who furnished the information.

342. Procedure, when a deserter is apprehended by the police.-

When a deserter is apprehended by the police, the Superintendent of Police should notify his Commanding Officer of his apprehension, and at the same time furnish the Commanding Officer with the name and address in full of the persons to whom the reward is payable. As soon as the deserter reaches his unit in charge of the escort the Commanding Officer will at once remit the reward by money order direct to the person entitled to it, whose money order acknowledgement will be accepted by the audit authorities as sufficient voucher for the amount paid as a reward and for the money order fee.

The police officer or man to whom the reward is due should inform the officer of the Superintendent of Police when he receives the amount of the reward in order that any delay in payment be referred to the Officer Commanding the Unit concerned. Officer Commanding Units, etc. will ensure that there is no delay in remitting amounts due on account of rewards for the apprehension of Army deserters and that such amounts are remitted immediately a deserter rejoins the unit.

Officer Commanding Units, operating an imprest amount will pay such amounts from their imprest. In case where, owning to non-availability of ready money, the necessary remittances cannot be made immediately a deserter rejoins the unit, Officer Commanding Units may authorize the police authority concerned to make payment from the police funds according to Indian Army Order No. 2095/44, published under Notification No. VI/56-43, dated December 8, 1944 at pages 253 and 254 of the Police Gazette, dated December 13, 1944. The amounts so paid from the police funds should subsequently be debited to the Controller of Military Accounts concerned.

343. When deserter is made over to military authorities by police a form of certificate u/s 91-A is sent to the police for completion.-

When, after a deserter has been arrested by the police and made over to the military authorities, a form of certificate under Section 91-A of the Indian Army Act of 1911 is sent to the police for completion, it must be completed and signed by an officer not below the rank of an officer-in-charge of a police station. If signed by an officer of lower rank, it will be wholly invalid in evidence at the courtmartial which tries the deserter.

344. Deserters from the forces should not be surrendered to the Durbar.-

Deserters from the forces, or from any unit of the forces, of an Indian State should not be surrendered to the Durbar, unless desertion from the forces of such State or from the particular unit concerned has been specified by notification in the Gazette of India as an extraditable offence under the First Schedule of the Indian Extradition Act (XV of 1903). Un-extraditable deserters, if enlisted in the police should be dismissed unless their retention in the force is sanctioned by the Deputy Inspector-General of Police.

345. Rules regarding emigration.-

The rules regarding emigration beyond the limits of British India re contained in the Manual of Government Orders.

346. Under Indian Factories Act, notice of an accident resulting in death must be sent by the factory authorities to S.O.-

The rules under the Indian Factories Act, 1948 (LXIII of 1948) will be found in the Manual of Government Orders. Under these rules, notice of an accident resulting in death must be sent by the factory authorities by telegraph, telephone or special messenger, to the officer-in-charge of the station of the area in which the factory is situated, within one hour of the death occurring on the premises or being known to have occurred elsewhere. If the notice is sent by telegraph or telephone, it must be confirmed by written report in the prescribed Form E. On receiving such notice the station officer should act as laid down in Chapter XII of these Regulations. Notices of accidents not resulting in death need not be sent to the police. If any such notice is received, no action should be taken by the police without a Magistrate’s order unless there is reason to suspect that a cognizable offence has been committed. In such cases, the report should be forwarded through the Superintendent of Police to the Magistrate.

347. Commissioner of the division empowered to make rules under the Ferries Act.-

The Commissioner of the division is the authority empowered to make rules under the Ferries Act (XVII of 1878). The Superintendent should study rules, and bring to the notice of officer-in-charge of police station the provisions requiring attention of the police. Sufficient police should always be stationed at ferries throughout the period during which large crowds may be expected on the occasions of fairs, in order to prevent overcrowding of boats.

348. Rules made under the Fisheries Act.-

The rules made under the Fisheries Act (IV of 1897) are contained in the Manual of Government Orders.

349. S.P. should bring to the notice of S.O. about local forest rules.-

The Superintendent of Police should bring to the notice of officers-in-charge of stations any local forest rules requiring their attention.

350. Execution of warrants u/s 5 of the Public Gambling Act.-

Under Section 5 of the Public Gambling Act (III of 1867), the Local Government has authorized inspectors and officer-in-charge of police station not below the rank of sub-inspector to execute warrants issued under that section.

351. Permission to play games in public.-

Permission to play games in public should never be granted (see Manual of Government Orders),

352. Application of Glanders and Farcy Act.-

The Glanders and Farcy Act (XIII of 1899) has been applied to the whole of Uttar Pradesh. Superintendent of Police have been empowered under Section 4 of the Act to exercise and perform within their district the powers conferred and the duties imposed by the Act on inspectors appointed under the Act (see Manual of Government Orders).

353. Police are required to give information to Municipal boards of offence against the Act.-

Under Section 317 of the U.P. Municipalities Act of 1916, the Police are required to give information to municipal boards of offence against the Act or against any of the Acts referred to in Clause (b) of sub-section (1) of Section 144 of the Act or against any rule made under any of the said Acts, and are also bound to assist all members, officers and servants of boards in the exercise of their lawful authority. Superintendent of Police should see that all police stations having jurisdiction within municipal limits are supplied with copies of all Acts and rules with reference to which the police have duties under this section.

The information which the police are required to furnish under Section 317 is to enable municipalities to take action for realization of fines under Section 114, and the fact that the police are required to furnish this information does not imply that any action which they are legally empowered to take independently under any of the Acts in question, should be taken through the municipal authorities.

354. The register of persons resorting to sarai.-

The register of persons resorting to a sarai prescribed by Section 8 of the Sarais Act (XXII of 1867) need be prepared only if the District Magistrate directs. If such a register is ordered to be maintained, a book of blank Forms (No. 265) must be furnished to the sarai-keeper by the Superintendent.

355. Rules regarding stage carriages.-

The rules regarding stage carriages are contained in the Manual of Government Orders.

356. Rules regarding treasure trove.-

The rules regarding treasures trove are contained in the Manual of Government Orders.

357. S.P. required to give immediate information to D.M. of any case of a serious nature in which soldiers are believed to have been concerned.-

According to rules contained in the Manual of Government Orders, Superintendent of Police are required to give immediate information to the District Magistrate of any case of a serious nature in which soldiers are believed to have been concerned. Such cases must be specially reported under paragraph 101 of these Regulations and paragraph 67 of the Office Manual. For the orders regarding the prosecution, trial and investigation of cases in which soldiers are concerned, (see the Manual of Government Orders) and paragraph 125 of these Regulations. The procedure prescribed in the Manual of Government Orders should be followed so far as possible in all cases in which conflicts between Europeans and Indians occur or in which Indins are shot or wounded by Europeans.

358. Rules prescribing the duties of police at fairs.-

The rules prescribing the duties of police at fairs are contained in the Manual of Government Orders.

359. Police have no authority to make formal inspections of cattle pounds.-

The police have no authority to make formal inspections of cattle pounds though they may visit them for purely police purposes.

360. Record of all the great trigonometrical survey stations in districts shall be kept in the office of S.P.-

A record of all the Great Trigonometrical Survey stations in districts shall be kept in the office of Superintendent of Police. Village policemen are bound to prevent wilful injury to the stations; they must report any damage to the officer-in-charge of the police station. A police officer should visit the stations periodically to examine their condition, and report any urgent need of repairs. (See also Manual of Government Orders).

361. Duty of village police to protect ancient structures and preventing unauthorized excavations.-

For the duties of village police in protecting ancient structures and preventing unauthorized excavations, see the Manual of Government Orders. The village police are responsible for reporting any attempt at spoilation or the occurrence of anything which is likely to endanger the stability of antiquarian remains above ground and for giving information of any attempt to make unauthorized excavations on the sites of ruined cities or buildings. Valuable archaeological remains should be promptly dealt with under the Treasure Trove Act (VI of 1878) whenever applicable.

362. Rules regarding the escape of prisoners from district or central Jails.-

The rules regarding the action to be taken on the escape of prisoners from district or central jails are contained in the U.P. Jail Manual.

Whenever a prisoner escapes from jail, the superintendent of the jail must give immediate notice to the District Magistrate and send descriptive roll of the prisoner, with all information available including the prisoner’s place of residence and the reward offered for his re-apprehension, to the following authorities : The Superintendent of Police of the district in which the escape occurs ; The Superintendent of Police of the district in which the prisoner’s home is situated ; the police authorities of districts adjoining the above and the Railway Police. He must also at once forward a descriptive roll of the prisoner to the Deputy Inspector-General of Police, Criminal Investigation Department, Lucknow, for publication in the Criminal Intelligence Gazette with information of the reward. All these authorities are again informed by him if the prisoner is recaptured.

It is of greatest importance that the police should immediately watch the prisoner’s home to intercept him on his way to see his family.

According to the Jail Manual, the District Magistrate is required to make an investigation into the circumstances of every escape immediately on receiving information of it, but no investigation inside the jail may be made by the police except under the orders of the District Magistrate. District Magistrates are required to allow Superintendents to see the papers of the magisterial inquiries made under this paragraph as thee inquiries progress. Superintendents should ask to see these papers and should examine them or have them examined by a gazetted officer with a view to ascertaining immediately any particulars which may be of assistance to the police in effecting re-arrest.

363. The duties of police in respect of excise offences.-

The duties of the police in respect of excise offences are referred to in the U.P. Excise Act (IV of 1910), and in the rules contained in the Excise Sections 49, 50, 53 and 54 of the U.P. Excise Act as amended (see page 2 of Superintendent to Excise Manual).

364. The powers and duties of police regarding opium and morphia offences.-

In regard to opium and morphia offences, the powers and duties of the police are referred to in Sections 23 and 24 of the Opium Act (XIII of 1857) and Sections 14 to 22 of the Opium Act (I of 1878) to be found in the Excise Opium Manual and in Chapter II of that Manual.

365. Excise Inspector and Police Officers both responsible for excise offence.-

The appointment of Excise Inspectors has not relieved the police of the duties of detection and prosecution of excise offence. Excise inspectors and police officers are both responsible for the execution of these duties. The former are required not only to make their own inquiries and detect cases themselves, but also to assist and co-operate with the police in cases detected by the police. The police are required to assist excise inspectors in important and difficult cases and in making searches when assistance is asked for.

366. The offence of illicit distillation of spirit cannot be carried on for any length of time.-

As a rule, the offence of illicit distillation of spirit cannot be carried on for any length of time without coming to the notice of village headmen, land-holders and chaukidars. In all cases of illicit manufacture of spirit in which the chaukidar within whose beat the illicit spirit or implements have been found, is not himself the informer an inquiry should be made into the conduct of the chaukidar by the Superintendent of Police, and, if there is any reason to believe him guilty of connivance, his dismissal should be recommended to the District Magistrate. If he is found guilty of negligence, he should be severely punished.

367. The Village headman should promptly report to D.M. about the illicit manufacture of any excisable article.-

A village headman who fails to give notice of the illicit manufacture of any excisable article or of the illicit cultivation of plants producing intoxicating drugs, immediately such illicit manufacture or cultivation has come to his notice, should be promptly reported to the District Magistrate for prosecution under Section 68 of the Excises Act.

368. Appointment of special police officers.-

The appointment of special police officers is regulated by Section 17 to 19 of the Police Act (V of 1861). Such appointments should, as far as possible, be made by voluntary and not compulsory enrolment to meet cases of grave and sudden emergency, and should be cancelled as soon as the emergency ceases to exist. It is justifiable to apply for the appointment of special police officers when an unlawful assembly, serious riot or breach of the peace has taken place or may reasonably be apprehended, and the senior police officer present (not being below the rank of inspector) considers that the police force ordinarily employed for preserving peace and order is not sufficient for its preservation or for the protection of the life and property of the inhabitants of the locality.

Special care should be taken in selecting the persons to be appointed. Influential persons of superior social standing who would be likely to be of real assistance in preserving or restoring order should be chosen in preference to men of unruly temperament or reputed bad character, and care should be taken to guard against all appearance of making selections with a view to humiliate the persons appointed. In times of excitement, it might occasionally be advisable, however, to enroll the ring-leaders of contentious factions in order to bring them under the restraint which their appointment as special police officers would involve. Every effort should be made to prevent avoidable inconvenience or hardship to special police officers. The law requires that they should do their duty in preserving peace and order and in protecting the persons and property of law-abiding inhabitants of the locality, but they should not be required to do more than is necessary to enable them to perform these duties efficiently. Persons so appointed should be employed in the manner best suited to enable them to exercise their personal influence, and in no circumstances should menial or unreasonable duties be assigned to them. They should, as a rule, be employed on staff and supervising duties and given relative higher rank than others of lower status similarly enrolled.

The requirements in respect of discipline should usually be light, any conditions of the officer which might be regarded by local residents as offensive and unnecessarily irksome should not be insisted on. Special police officers should not ordinarily be required to take part in parades or to salute petty officers, and their attendance at police stations, when necessary, should be so regulated as to avoid causing hardship. As regards uniform, all that is required is that special police officers should wear some distinctive badge, e.g.. a coloured armlet, and should be provided with a baton or spear as a token of authority and for protection in case of need.

369. Appointment of traffic police.-

In certain districts traffic police have been appointed.

In some areas, police mobile squads have been formed to deal with offences under the Motor Vehicle Act. Each of these mobile squads is in charge of an Inspector under the direct control of the Range Deputy Inspector-General of Police.

Certain police officers are appointed as ex officio members of Transport Authorities under the Motor Vehicles Act, 1939. For details of police duties under Motor Vehicles Act, see separate pamphlet.