An Ordinance to provide for the constitution of a separate police-force for the Chittagong Metropolitan Area and for the regulation thereof. WHEREAS it is expedient to provide for the constitution of a separate police-force for the Chittagong Metropolitan Area and for the regulation thereof and for matters connected therewith or ancillary thereto; NOW, THEREFORE, in pursuance of the Proclamations of the 20th August, 1975 and 8th November, 1975, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:-
(1) This Ordinance may be called the Chittagong Metropolitan Police Ordinance, 1978.
(2) It extends to the Chittagong Metropolitan Area.
(3) It shall come into force on such date as the Government may, by notification in the official Gazette, appoint.
In this Ordinance, unless there is anything repugnant in the subject or context,-
The provisions of the Police Act, 1861 (V of 1861), so far only as they are not inconsistent with any provision of this Ordinance, shall apply to the Chittagong Metropolitan Area.
Notwithstanding anything contained in the Code, the Chittagong Metropolitan Area shall not, unless otherwise provided by or under this Ordinance, be under the charge of any District Magistrate for any of the purposes of this Ordinance.
(1) There shall be a separate police-force for the Chittagong Metropolitan Area to be called the Chittagong Metropolitan Police.
(2) The Force shall consist of such number of officers in the several ranks and shall be constituted in such manner and shall have such organisation as the Government may, from time to time, direct.
The Superintendence of the Force shall vest in the Government.
(1) The Government shall appoint a Police Commissioner who shall, subject to the control of the Inspector-General, exercise such powers and perform such duties as are or may be provided by or under this Ordinance.
(2) The Government may appoint one or more Additional Police Commissioners, Deputy Police Commissioners and Assistant Police Commissioners who shall assist the Police Commissioner in the exercise of his powers and performance of his duties and shall exercise such of the powers and perform such of the duties of the Police Commissioner as may be delegated to them by the Police Commissioner by general or special order in writing.
(3) The Police Commissioner, an Additional Police Commissioner, a Deputy Police Commissioner and an Assistant Police Commissioner shall be appointed in such manner and on such terms and conditions as the Government may, from time to time, determine.
(1) There shall be such number of Inspectors and other classes of subordinate officers of the Force as the Government may, from time to time, determine.
(2) The appointment of Inspectors shall be made by the Inspector-General of Police and the appointment of all other subordinate officers shall be made by such superior officer not below the rank of Deputy Police Commissioner as the Police Commissioner may, by order in writing, specify in this behalf.
(3) The appointment of subordinate officers shall be made in such manner and on such terms and conditions as may be prescribed.
(4) Every subordinate officer shall, on appointment, receive a certificate in the form set out in Schedule II under the seal and signature of the Police Commissioner or of the superior officer making the appointment.
(5) A certificate of appointment shall be cancelled whenever the person named therein ceases to belong to the Force and shall remain inoperative during the period of his suspension from the force.
Notwithstanding anything contained in this Ordinance or in the Police Act, 1861 (V of 1861), or in any other law for the time being in force, the Government or the Inspector-General may transfer a police-officer appointed under this Ordinance to the Police Force constituted under the Police Act, 1861 (V of 1861), and police-officer appointed under that Act to the police-force constituted under this Ordinance, and on such transfer such police-officer shall, for all purposes, be deemed to be a police-officer appointed under the law under which the police-force to which he is transferred is constituted.
(1) The Police Commissioner may appoint any person to be an auxiliary police-officer to assist the Force on any occasion when he is of opinion that the Force is in need of such assistance.
(2) Every auxiliary police-officer shall, on appointment,-
The Police Commissioner may, from time to time, make such orders, not inconsistent with any provision of this Ordinance and the rules made thereunder, as he deems expedient relating to-
(1) Subject to the provisions of Article 135 of the Constitution and such rules as may be made by the Government in this behalf, the Police Commissioner may, by order in writing stating reasons therefore, award any one or more of the following punishments to any subordinate officer whom he finds to be guilty of disobedience, breach of discipline, misconduct, corruption, neglect of duty or remissness in discharge of any duty, or of any act rendering him unfit for the discharge of his duty, namely:-
Explanation.- “misconduct” means conduct prejudicial to good order or service discipline or contrary to the Government Servants (Conduct) Rules, 1966 or unbecoming an officer or gentleman.
(2) The power of punishment conferred on the Police Commissioner by sub-section (1) may also be exercisable, in the case of any subordinate officer other than an Inspector, by any superior officer not below the rank of Deputy Police Commissioner.
(3) The Police Commissioner, or any other superior officer authorised by him in this behalf, may place under suspension any subordinate officer against whom action under sub-section (1) is required to be taken or against whom any enquiry is required to be made.
(4) Nothing in sub-section (1) shall affect any police-officer's liability to a criminal prosecution or any offence with which he may be charged.
(1) Every police-officer not on leave or under suspension shall be deemed to be always on duty.
(2) Notwithstanding anything contained in this Ordinance, every police-officer may, if the Inspector-General so directs, at any time, be employed on police duty in any place outside the Metropolitan Area.
No subordinate officer shall resign his office or withdraw himself from the duties thereof except with the written permission of an officer not below the rank of his appointing authority.
It shall be the duty of every police-officer-
It shall be the duty of every police-officer-
It shall be the duty of every police-officer-
All persons shall be bound to conform to the reasonable directions of a police-officer given in fulfilment of any of his duties under this Ordinance.
A police-officer may restrain or remove any person resisting or refusing or omitting to conform to any direction referred to in section 18 and may either take such person before a Magistrate or, in trivial cases, release him when the occasion is past.
A police-officer may lay any information before a Magistrate and apply for any legal process as may by law issue against any person committing an offence.
When in a street or a place of public resort a person has possession or apparent possession of any article which a police-officer in good faith suspects to be stolen property, such police-officer may search for and examine the same and may require an account thereof, and, should the account given by the possessor be manifestly false or suspicious, may detain such article and report the facts to a Magistrate, who shall thereon proceed according to sections 523 and 525 of the Code.
Whenever a direction under section 28 has been given, or a notification under section 29 has been promulgated, or an order under section 30, 32 or 33 has been made, or a public notice under section 31 has been issued, it shall be lawful for a police-officer to require any person acting or about to act contrary thereto to desist or to abstain from so doing, and, in case of refusal or disobedience, to arrest the person offending, and such police-officer may also seize any objection or thing used or about to be used in contravention of such direction, notification, order or public notice, and the thing seized shall be disposed of according to the order of the Magistrate.
(1) It shall be the duty of every police-officer to take temporary charge-
(2) A police-officer taking charge of any property under sub-section (1) shall hand over the property to the Officer-in-Charge of the police station concerned and report the matter to the Police Commissioner forthwith.
(3) If such property appears to have been left by a person who has died intestate, and not to be under five thousand Taka in value, the Police Commissioner shall communicate with the Administrator General, with a view to its being dealt with under the Administrator-General's Act, 1913 (III of 1913), or any other law for the time being in force.
(4) In every other case the Police Commissioner shall issue a proclamation specifying the articles of which such property consists, and requiring any person who may have a claim thereto to appear before him or some other officer whom he appoints in this behalf and establish his claim within three months from the date of such proclamation.
(5) If the property, or any part thereof, is subject to speedy and natural decay, or consists of livestock, or if the property appears to be of a value of less than five hundred Taka, it may forthwith be sold by auction under the orders of the Police Commissioner and the net proceeds of such sale shall be dealt with in the same manner as is hereinafter provided for the disposal of the said property.
(6) The Police Commissioner shall, on being satisfied of the title of the claimant to the possession of any property referred to in sub-section (4), order the same to be delivered to him, after deduction or payment of the expenses property incurred by the Police in the seizure and detention thereof.
(7) The Police Commissioner may at his discretion, before making any order under sub-section (6), take such security as he may think proper from the person to whom the said property is to be delivered; and nothing hereinbefore contained shall affect the right of any person to recover the whole or any part of such property from the person to whom it may have been delivered pursuant to such order.
(8) If no person establishes his claim to such property within the period prescribed in sub-section (4), it shall be at the disposal of the Government and the property, or such part thereof as has not already been sold under sub-section (5), may be sold by auction under orders of the Police Commissioner.
It shall be the duty of every police-officer to seize and take to any public pound for confinement therein any cattle found straying in any street or trespassing upon any public property.
(1) Notwithstanding anything contained in section 153 of the Code, any police-officer generally or specially authorised by the Police Commissioner in this behalf may without warrant enter any shop or premises for the purpose of inspecting or searching for any weights or measures or instruments for weighing or measuring used or kept therein.
(2) If such police-officer finds in such shop or premises weights, measures or instruments for weighing or measuring which he has reason to believe are false, he may seize the same and shall forthwith give information of such seizure to the Police Commissioner, and if such weights, measures or instruments are found by the Police Commissioner to be false, they shall be destroyed.
(3) Weights and measures purporting to be of the same denomination as weights and measures, the standards whereof are kept under any law for the time being in force, shall, if they do not correspond with the said standards, be deemed to be false within the meaning of this section.
(1) The Police Commissioner may, with the prior approval of the Government, make regulations, not inconsistent with any provision of this Ordinance or the rules made thereunder, for-
(2) The power of making regulations under this section shall be subject to the condition of the regulations being made after previous publication, and every regulation made under this section shall be published in the official Gazette and in the locality affected thereby by affixing copies thereof in conspicuous places near to the building, structure, work or place, as the case may be, to which the same specially relates or by advertising the same in such local newspapers as the Police Commissioner may deem fit:
Provided that any such regulation may be made without previous publication if the Government is satisfied that circumstances exist which renders it necessary that such regulation should be brought into force at once.
(1) The Police Commissioner may, whenever in his opinion such action is necessary, authorise such police-officer as he thinks fit to erect barriers on any street for the purpose of stopping temporarily vehicles driven on such street and satisfy himself that the provisions of any law for the time being in force have not been contravened in respect of any such vehicle or by the driver or person in charge of such vehicle.
(2) The Police Commissioner may make such orders as he deems fit for regulating the use of such barriers.
The Police Commissioner, or any police-officer authorised by him in this behalf, may, from time to time as occasion may arise, give all such directions, not inconsistent with any regulation made under section 26, either orally or in writing, as may be necessary to-
(1) The Police Commissioner may, whenever and for such time as he considers necessary for the preservation of public peace or safety, by notification publicly promulgated or addressed to individuals, prohibit at any place-
(2) If any person goes armed with any such article or carries any corrosive substance or explosive or missile in contravention of such prohibition, he may be disarmed of the corrosive substance or explosive or missile may be seized from him by any police-officer, and the article, corrosive substance, explosive or missile so seized shall be forfeited to the Government.
The Police Commissioner may, by order in writing, prohibit any assembly or procession whenever and for so long as he considers such prohibition to be necessary for the preservation of the public peace or safety:
Provided that no such prohibition shall remain in force for more than thirty days without the sanction of the Government.
The Police Commissioner, may, by public notice, temporarily reserve for any public purpose any street or public place and prohibit persons from entering the area so reserved except under such conditions as may be specified by him.
Notwithstanding anything contained in any other law for the time being in force, the Police Commissioner may, with the previous approval of, and subject to such directions as may be given by, the Government, requisition any vehicle for carrying on any operation by the Force:
Provided that if the Police Commissioner is satisfied that circumstances exist which render immediate action necessary, he may requisition any vehicle without the previous approval of the Government, but in that case he shall forthwith report the fact of such requisition to the Government.
If, in the opinion of the Police Commissioner, it is necessary so to do for the purpose of preventing annoyance, disturbance, discomfort or injury to the public or to any person who dwell or occupy property in the vicinity, he may, by order in writing, prohibit, restrict, regulate or impose conditions on-
(1) In order to prevent or suppress any riot or grave disturbance of peace, the Police Commissioner may, by order in writing, temporarily close or take possession of any building or place and exclude all or any persons therefrom, or allow access thereto to such persons only and on such terms as he may deem expedient.
(2) If the lawful occupier of such building or place suffers substantial loss or injury by reason of the action taken under sub-section (1), he shall be entitled, on application made to the Police Commissioner within one month from the date of such action, to receive reasonable compensation for such loss or injury unless such action was, in the opinion of the Police Commissioner, rendered necessary either by the use to which such building or place was put or intended to be put or by the misconduct of persons having access thereto.
(3) In the event of any dispute in any case under sub-section (2), the decision of the Government shall be final as to the amount, if any, to be paid, and as to the person whom it is to be paid.
(1) For the purpose of preventing serious disorder or breach of the law or manifest an imminent danger to the persons assembled at any place of public amusement or at any assembly or meeting to which the public are invited or which is open to the public, the police-officer of the highest rank present at such place, assembly or meeting may give such directions as to the mode of admission of the public to, and for securing the peaceful and orderly conduct of the proceedings and the maintenance of the public safety at such place, assembly or meeting as he thinks necessary.
(2) The police shall have free access to every such place, assembly or meeting for the purpose of giving effect to the provisions of sub-section (1) and to any direction given thereunder.
The Police Commissioner may, from time to time, by public notice, proclaim that any dog found, during such period as may be specified in the said notice, straying in the streets or in any public place may be destroyed, and any dog so found within such period may be destroyed accordingly.
Any police-officer who in any street or public place finds any animal so diseased, or so severely injured, and in such a physical condition, that, in his opinion, it should be destroyed, shall, if the owner is absent or refuses to consent to the destruction of the animal at once, summon the veterinary officer in charge of the area in which the animal is found and, if the veterinary officer certifies that the animal is so diseased or so severely injured, or in such a physical condition, that it is cruel to keep it alive, the police-officer may, without the consent of the owner, destroy the animal or cause it to be destroyed:
Provided that if in the opinion of the veterinary officer the animal can be removed from the place where it is found without causing it great suffering, he may direct the police-officer to remove the animal before it is destroyed from the place where it is found to such other place as he may think fit:
Provided further that when the animal is destroyed in any street or public place it shall, as far as possible, be screened from the public gaze while it is being destroyed.
(1) The Police Commissioner may, on the application of any person, depute any additional number of police to keep the peace, preserve order or enforce any of the provisions of this Ordinance or any other law in respect of any particular class or classes of offences or to perform any other police duties at any place.
(2) Such additional police shall be employed at the cost of the person making the application, but shall be subject to the orders of the Police Commissioner and shall be employed for such period as the Police Commissioner may think necessary.
(3) If the person upon whose application such additional police are employed makes, at any time, a written request to the Police Commissioner for their withdrawal, he shall be relieved from the cost thereof at the expiration of such period not exceeding one week from the date of such request as the Police Commissioner may determine.
(1) When it appears to the Police Commissioner that the behaviour of the persons employed on any public work or in any industrial or commercial concern under construction or in operation at any place necessitates the employment of additional police at such place, he may depute such additional police to such place as he thinks fit and keep such police employed at such place for so long as such necessity continues.
(2) The Police Commissioner may make order, from time to time, directing the person by whom the work or concern is being constructed or carried on to pay such amount as cost of employment of such additional police as he may specify therein, and such person shall thereupon make the payment accordingly.
(3) Any person aggrieved by an order of the Police Commissioner under sub-section (2), may appeal to the Government and the decision of the Government on such appeal shall be final.
Whenever it appears to the Police Commissioner that the movement or encampment of any gang or body of persons in any place is causing or is likely to cause danger or alarm or reasonable suspicion that unlawful designs are entertained by such gang or body or by members thereof, he may, by order in writing, direct the members of such gang or body so to conduct themselves as may seem necessary in order to prevent violence and alarm, or to disperse and remove themselves outside the Metropolitan Area within such time as he may specify and not to enter or return to the said Area.
Whenever it appears to the Police Commissioner-
the Police Commissioner may, by order in writing, direct such person so to conduct himself as may seem necessary in order to prevent violence and alarm, or to remove himself outside the Metropolitan Area within such time as he may specify and not to enter or return to the said Area.
If a person has been convicted of an offence-
the Police Commissioner may, if he has reason to believe that such person is likely again to commit the same offence or any other offence under the same law, by order in writing, direct such person to remove himself outside the Metropolitan Area within such time as he may specify and not to enter or return to the said Area.
An order made under section 40, 41 or 42 directing a person not to enter or return to the Metropolitan Area shall remain in force for such period, not exceeding two years, as may be specified therein.
(1) Before an order under section 40, 41 or 42 is made in respect of any person, the Police Commissioner shall inform the person in writing of the general nature of the material allegations against him and the order proposed to be made in respect of him and give him a reasonable opportunity of tendering an explanation regarding them.
(2) If such person makes an application for the examination of any witness, the Police Commissioner shall examine such witness, unless, for reasons to be recorded in writing, he is of opinion that such application is made for the purpose of vexation or delay.
(3) Such person shall be entitled to appear before the Police Commissioner by a lawyer for the purpose of tendering his explanation and examining the witnesses produced by him.
(4) The Police Commissioner may, for the purpose of securing the attendance of such person, require that person to appear before him and to execute a bond, with or without sureties, for such attendance during the inquiry.
(5) If such person fails to execute the bond as required under sub-section (4) or fails to appear before the Police Commissioner during the inquiry, the Police Commissioner may proceed with the inquiry and make the order proposed to be made against him.
(1) Any person aggrieved by an order made under section 40, 41 or 42 may appeal to the Government within thirty days from the date of such order.
(2) An appeal under this section shall be preferred in the form of a memorandum, setting forth concisely the grounds of objection to the order appealed against and shall be accompanied by that order or a certified copy thereof.
(3) On receipt of such appeal, the Government may, after giving a reasonable opportunity to the applicant to be heard either personally or by a lawyer and after such further inquiry, if any, as it may deem necessary, confirm, vary or set aside the order appealed against and make its order accordingly:
Provided that the order appealed against shall remain in force pending the disposal of the appeal, unless the Government otherwise directs.
(4) In calculating the period of thirty days provided for an appeal under this section, the time taken for granting a certified copy of the order appealed against shall be excluded.
An order passed by the Police Commissioner under section 40, 41 or 42 or by the Government under section 45 shall not be called in question in any Court.
(1) If a person who has been directed by an order made under section 40, 41 or 42 to remove himself outside the Metropolitan Area-
the Police Commissioner may cause him to be arrested and removed to such place outside the said Area as he may specify.
(2) The Police Commissioner may permit any person in respect of whom an order under section 40, 41 or 42 has been made to enter or return to the Metropolitan Area for such temporary period and subject to such conditions as may be specified in such permission and may require him to enter into a bond, with or without surety, for the due observance of the conditions imposed.
(3) The Police Commissioner may, at any time, revoke any such permission.
(4) Any person permitted under sub-section (2) to enter or return to the Metropolitan Area shall, at the expiry of the period specified in the permission or on the earlier revocation of such permission, remove himself outside the said Area, and shall not, without a fresh permission, enter therein or return thereto within the unexpired residue of the period specified in the order made under section 40, 41 or 42.
(5) If such person fails to observe any of the conditions imposed or to remove himself accordingly, or having so removed himself enters or returns to the Metropolitan Area without fresh permission, the Police Commissioner may cause him to be arrested and removed to such place outside the said Area as he may specify.
Any person who having been appointed as an auxiliary police-officer under section 10 without sufficient cause refuses to serve as such or to obey any lawful order or direction that may be given to him for the performance of his duties shall be punishable with fine which may extend to two hundred Taka.
Any person who makes a false statement or uses a false document for the purpose of obtaining employment or release from employment as a police-officer shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred Taka, or with both.
Any police-officer who is guilty of cowardice or of any wilful breach of any provision of law or of any rule, regulation or order which it is his duty as such police-officer to observe or obey, shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand Taka, or with both.
Any subordinate officer who resigns his office or withdraws himself from the duties thereof in contravention of section 14 shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand Taka, or with both.
Any police-officer who wilfully neglects or refuses to deliver up his certificate of appointment or the arms, accoutrements, clothing and other articles supplied to him for the performance of his duties immediately after he ceases to belong to the Force shall be punishable with imprisonment for a term which may extend to three months, or with fine, which may extend to five hundred Taka, or with both.
Any police-officer who without lawful authority or reasonable cause enters or searches or causes to be entered or searched any building, vessel or place shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand Taka, or with both.
Any police-officer who vexatiously or unnecessarily searches, detains or arrests any person or seizes the property of any person, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand Taka, or with both.
Any police-officer who offers any unnecessary personal violence to any person in his custody or holds out to an accused person any threat or provise not warranted by law shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand Taka, or with both.
Any police-officer who detains in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable or, in absence of a special order of a Magistrate under section 167 of the Code,
detains an arrested person in custody for a period exceeding twenty-four hours shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand Taka, or with both.
Any person who, not being a member of the Force, wears, without the permission of the Police Commissioner, the uniform of the Force or any dress having the appearance of that uniform shall be punishable with imprisonment for a term which may extend to one month, or with fine which may extend to two hundred Taka, or with both.
Whoever contravenes any regulation made under section 26 or any of the conditions of a licence or permission issued or granted under any such regulation shall be punishable with fine which may extend to two hundred Taka.
Whoever contravenes any direction given under section 28 shall be punishable with fine which may extend to five hundred Taka.
Whoever contravenes any prohibition made under section 29 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred Taka, or with both.
Whoever contravenes any order made under section 30 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred Taka, or with both.
Whoever contravenes any prohibition made under section 31 shall be punishable with fine which may extend to five hundred Taka.
Whoever contravenes any order made under section 33 shall be punishable with fine which may extend to five hundred Taka.
Whoever contravenes any order made under section 40, 41 or 42 shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand Taka, or with both.
Any person who in contravention of an order made under section 40, 41 or 42 enters or returns without permission to the Metropolitan Area or enters or returns to the said Area with permission granted under section 47(2) but fails, contrary to the provisions thereof, to remove himself outside the said Area at the expiry of the period specified in the permission shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand Taka, or with both.
Whoever fails to conform to any reasonable direction of a police-officer given in fulfilment of any of his duties under this Ordinance shall be punishable with fine which may extend to one hundred Taka.
Whoever, when driving a vehicle along the street, without sufficient reason fails to keep on the left side of such street and when passing any other vehicle proceeding on the same direction fails to keep on the right side of such vehicle or violates any traffic regulation made by the Police Commissioner shall be punishable with fine which may extend to two hundred Taka.
Whoever leaves or parks any vehicle in any part of a street or public place where parking is prohibited by the Police Commissioner shall be punishable with fine which may extend to one hundred Taka.
Whoever drives, rides, leads, propels, or leaves on any footway any vehicle, other than a perambulator, so that the same can stand across or upon such footway shall be punishable with fine which may extend to one hundred Taka.
Whoever causes obstruction in any street or public place-
shall be punishable with fine which may extend to one hundred Taka.
Whoever, contrary to any regulation made by the Police Commissioner, exposes or sets out anything for sale in or on any stall, bath, board, basket or in any other manner in any street or public place shall be punishable with fine which may extend to five hundred Taka.
Whoever in any street or public place-
shall be punishable with fine which may extend five hundred Taka.
Whoever in any street or public place exposes for hire or sale any animal or vehicle or cleans any animal or vehicle, except at such times and places as the Police Commissioner may permit, shall be punishable with fine which may extend to one hundred Taka.
Whoever in any street or public place makes any vehicle or part of a vehicle, or except when in the case of an accident repairing on the spot is unavoidable, repairs any vehicle or part of a vehicle, or carries on therein any manufacture or operation or work so as to be an impediment to traffic or annoyance to the public or neighbouring residents 1shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand Taka, or with both, and such vehicle shall be liable to be confiscated to the Government.
Whoever slaughters any animal or cleans a carcass or hide in or near to or within sight of a street or public place, except at a place set apart for the purpose by order of the Police Commissioner, shall be punishable with fine which may extend to five hundred Taka.
Any person who in any street or public place or within sight of, and in such manner as to be seen or heard from, any street or public place, whether from within any house or building or not-
shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred Taka, or with both.
Whoever wilfully and indecently exposes his person in any street or public place or within sight of, and in such manner as may be seen from any street or public place whether from within any house or building or not, or uses indecent language or behaves indecently or riotously, or in a disorderly manner in a street or public place or in any office, station or landing place shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred Taka, or with both.
Whoever wilfully and indecently exposes his person in any street or public place within sight of, and in such manner as may be seen by, any woman, whether from within any house or building or not, or wilfully presses or obstructs any woman in a street or public place or insults or annoys any woman by using indecent language or making indecent sounds, gestures, or remarks in any street or public place, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand Taka, or with both.
Whoever wilfully puts, presses, hustles or obstructs any passenger in any street or public place, or by violent movement, menacing gestures, screaming, shouting, wilfully frightening any animal or otherwise disturbs the public peace and order shall be punishable with fine which may extend to two hundred Taka.
Whoever uses in any street or public place any threatening, abusive or insulting words with intent to provoke a breach of the peace or whereby a breach of the peace may be occasioned shall be punishable with fine which may extend to two hundred Taka.
Whoever exhibits, contrary to any regulation made by the Police Commissioner, any mimetic, musical or other performance of a nature which may attract crowd, or carries or places bulky advertisements, pictures, figures or emblems in any street or public place whereby an obstruction to passengers or annoyance to the neighbouring residents may be occasioned shall be punishable with fine which may extend to two hundred Taka.
Whoever in or near to any street or public place commits a nuisance by casing himself, or suffers any child in his care or custody under seven years of age to commit such nuisance or spits or throws any litter, refuse or rubbish so as to cause annoyance to any passer-by shall be punishable with fine which may extend to two hundred Taka.
Whoever in any street or public place begs or applies for alms, or exposes or exhibits any sores, wounds, bodily ailment or deformity with the object of exciting charity or obtaining alms shall be punishable with imprisonment for a term which may extend to one month.
Whoever baths or washes in or by the side of a public well, tank, pond, pool or reservoir not set apart for such purpose by order of the Police Commissioner shall be punishable with fine which may extend to two hundred Taka.
Whoever in any building or place occupied by Government or by any local authority smokes or spits in contravention of a notice affixed to such building or place by the person in charge of such building or place, shall be punishable with fine which may extend to one hundred Taka.
Whoever without satisfactory excuse wilfully enters or remains in or upon any dwelling-house or premises or any land or ground attached thereto, or any ground, building, monument or structure belonging to Government or appropriated to public purposes, or any boat, vessel or vehicle, shall, whether he causes any damage or not, be punishable with fine which may extend to one hundred Taka.
Whoever knowingly gives or causes to be given a false alarm of fire to the fire-brigade or to any officer or firemen thereof, whether by means of a street fire-alarm, message or otherwise, or, with intent to give such false alarm, wilfully breaks the glass of, or otherwise damages, a street fire-alarm shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred Taka, or with both.
Whoever is found between sunset and sunrise-
shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand Taka, or with both.
Whoever, not being a police-officer or a member of any Defence Force or of the Bangladesh Rifles and acting as such, goes armed with sword, firearm or other offensive weapon or with any explosive or corrosive substance in any street or public place unless so authorised by lawful authority shall be liable to be disarmed by any police-officer and the weapon or substance so seized shall be forfeited to the Government, unless redeemed within one month on payment of such fine not exceeding one thousand Taka as the Police Commissioner may impose.
Whoever has in his possession, or conveys in any manner, or offers for sale or pawn, anything which there is reason to believe to have been stolen or fraudulently obtained, shall, if he fails to account for such possession, be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand Taka, or with both.
Whoever takes or attempts to take any spirituous or fermented liquor or intoxicating drugs or preparations into any public hospital or jail without the permission of the person in-charge of such hospital or jail, or into any barracks or buildings occupied by the members of any disciplined force or into any educational institution, shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred Taka, or with both; and such spirits, liquors, drugs or preparations shall be forfeited to the Government.
Whoever, being a pawn-broker, dealer in second-hand property or worker in metals, having received from any police-officer information regarding any property stolen or fraudulently obtained, comes into the possession of, or is offered in pawn or for sale, exchange or alteration, any property answering the description set forth in such information fails, without unnecessary delay, to give information to the effect at the nearest police-station and also to state the name and address of the person from whom the possession or offer was received shall be punishable with fine which may extend to two hundred Taka.
Whoever, having received such information as is referred to in section 92, alters, melts, defaces or puts away or causes or suffers to be altered, melted, defaced or put away, without the previous permission of the police, any such property, shall on proof that the same was stolen or fraudulently obtained, be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand Taka, or with both.
Whoever assembles with others in a street or public place for the purpose of gambling or wagering or joins any such assembly shall be punishable with fine which may extend to one hundred Taka.
Whoever, being the keeper of any place of public amusement or entertainment, knowingly permits drunkenness or other disorderly behaviour or any gaming whatsoever in such place shall be punishable with fine which may extend to two hundred Taka.
Whoever sells or offers for sale any ticket once issued for admission as spectator to any place of public amusement at a price higher than the price at which such ticket was originally issued shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred Taka, or with both.
Whoever allows any cattle, which are his property or in his charge, to stray in any street or to trespass upon any property shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred Taka, or with both.
Whoever without the consent of the owner or occupier, affixes any bill, notice or paper against or upon any building, wall, tree, fence, post, pole or other erection with chalk, ink or paint or in any manner whatsoever shall be punishable with fine which may extend to two hundred Taka.
Whoever sets fire to or burns any straw or other matter, or lights any bonfire, or wantonly discharges any fire-arm or airgun, lets off or throws any fire-work, in or near any street or public place, except at such times and places as may, from time to time, be allowed by the Police Commissioner shall be punishable with fine which may extend to one hundred Taka.
Any person who abets the commission of any offence punishable under this Ordinance shall be deemed to have committed that offence.
If the person committing an offence punishable under this Ordinance is a firm, company or other body corporate, every partner, director, manager, secretary or other officer or agent thereof shall, unless he proves that the commission took place without his knowledge or that he exercised all due diligence to prevent such commission, be deemed to be guilty of such commission.
(1) No Court shall take cognizance of an offence, other than an offence specified in sub-section (2), Punishable under this Ordinance except upon a report in writing made by a police-officer.
(2) A Court may take cognizance of an offence punishable under section 49, 50, 51, 52, 53, 54 or 55 either of its own motion or on a complaint made by any person or upon a report in writing made by a police-officer.
Any police-officer may arrest without warrant any person committing in his presence or within his views any offence punishable under this Ordinance or under any other law for the time being in force.
Explanation.- Nothing in this section shall be construed as restricting the exercise by any police-officer of any power of arrest conferred upon him by any other law.
(1) A Court taking cognizance of an offence punishable under section 58, 59, 62, 63, 66, 71, 72, 73, 74, 75, 79, 80, 81, 82, 84, 85, 86, 94, 95, 96, 98 or 99 may state in the summons to be served on the accused person that he may, by a specified date prior to the hearing of the charge, plead guilty to the charge by registered letter and remit to the Court such sum, not exceeding one-fourth of the amount of fine specified for such offence, as the Court may specify.
(2) Where an accused person pleads guilty and remits the sum specified, no further proceeding in respect of the offence shall be taken against him.
(1) If a police-officer, not below such rank as the Police Commissioner may by public notice specify, finds that an offence punishable under section 67, 68, 69 or 70 has been committed, he may give the person who has committed the offence or, when such person is not available, affix on the body of the vehicle in respect of which the offence has been committed, a notice in the prescribed form specifying-
(2) If such person appears before the Magistrate and pays the penalty on the specified date, no further proceeding in respect of the offence committed by him shall be taken against him.
(3) If such person fails to appear before the Magistrate and pay the penalty on the specified date or does not show any cause to the satisfaction of the Magistrate for such failure, the penalty shall be realised from him in the same manner in which a fine imposed by a Magistrate may be realised as if it were a fine imposed by a Magistrate under this Ordinance.
(4) If such person appears before the Magistrate on the specified date but denies to have committed the offence specified in the notice, the Magistrate shall take cognizance of the offence specified in the notice, treating the notice to be a report in writing made by the police-officer who wrote it, and proceed with the case in accordance with the other provisions of this Ordinance, and in the trial of the case the burden shall lie upon such person to prove that he has not committed such offence.
(5) The provisions of this section shall have effect notwithstanding anything contained in this Ordinance or in any other law for the time being in force.
Nothing in this Ordinance shall be construed to prevent any person from being prosecuted and punished under any other law for any offence made punishable by this Ordinance or from being prosecuted and punished under this Ordinance for an offence punishable under any other law:
Provided that all such cases shall be subject to the provisions of section 403 of the Code.
No regulation, order, direction, inquiry or notice made or published and no act done under any provision of this Ordinance or of any rule or regulation made thereunder shall be deemed illegal, void, invalid or insufficient by reason of any defect of form or any irregularity of procedure.
No police-officer shall be liable to any penalty or to payment of any damage on account of an act done in good faith in pursuance or intended pursuance of any duty imposed or any authority conferred on him by any provision of this Ordinance or any other law for the time being in force or any rule, regulation, order or direction made or given thereunder.
Notwithstanding anything contained in any other law for the time being in force, any legal proceeding, whether civil or criminal, which may lawfully be brought against any police-officer for anything done or intended to be done under any provision of this Ordinance or of the rules, regulations or orders made thereunder, shall be commenced within six months after the act complained of has been committed, and a notice, in writing, of such proceeding and of the cause thereof shall be given to the police-officer concerned and his superior officer at least one month before the commencement of such proceeding.
Any public notice required to be given under any of the provisions of this Ordinance shall be in writing, shall be signed by the Police Commissioner, and shall be published in the locality to be affected thereby by affixing copies thereof in conspicuous public places, or by proclaiming the same with beat of drums or by advertising the same in such local newspaper as the Police Commissioner may deem fit, or by any two or more of these means and by any other means he may think suitable.
Every licence, written permission, notice, or other document, not being a summons or warrant, required by this Ordinance or by any rule or regulation made thereunder to bear the signature of the Police Commissioner shall be deemed to be properly signed if it bears a facsimile of his signature stamped thereon.
The Government may, by notification in official Gazette, include within the limits of the Metropolitan Area any area adjacent thereto or exclude from the limits of the Metropolitan Area any area comprised therewith.
The Government may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.
The laws specified in column 3 of Schedule III shall be amended in the manner specified in column 4 of that Schedule.