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The Khulna Metropolitan Police Ordinance, 1985

( Ordinance NO. LII OF 1985 )

Chapter IV

POWERS AND DUTIES OF POLICE-OFFICERS

General duties of police-officers
15. It shall be the duty of every police-officer-
 
 
 
 
(a) promptly to serve every summons and obey and execute every warrant or other order lawfully issued to him by competent authority, and to endeavour by all lawful means to give effect to the lawful commands of his superiors;
 
 
 
 
(b) to the best of his ability to obtain intelligence concerning the commission of cognizable offences or designs to commit such offences, and to lay such information and to take such other steps, consistent with law and the orders of his superiors, as are best calculated to bring offenders to justice or to prevent the commission of cognizable offences, or the commission of non-cognizable offences within his view;
 
 
 
 
(c) to the best of his ability to prevent the commission of public nuisances;
 
 
 
 
(d) to apprehend without unreasonable delay all persons whom he is legally authorised to apprehend and for whose apprehension there is sufficient reason;
 
 
 
 
(e) to aid another police-officer, when called on by him or in case of need in the discharge of his duty, in such ways as would be lawful and reasonable on the part of the officer aided;
 
 
(f) to discharge such duties as are imposed upon him by any law for the time being in force.
Duties of police-officers towards the public and arrested persons
16. It shall be the duty of every police-officer-
 
 
 
 
(a) to afford every assistance within his power to disabled or helpless persons in the streets, and to take charge of intoxicated persons and of lunatics at large who appear to be dangerous or incapable of taking care of themselves;
 
 
(b) to take prompt measures to procure necessary help for any person under arrest or in custody who is wounded or sick, and, while guarding or conducting any such person, to have due regard to his condition;
 
 
 
 
(c) to arrange for the proper sustenance and shelter of every person who is under arrest or in custody;
 
 
 
 
(d) in conducting searches, to refrain from needless rudeness and the causing of unnecessary annoyance;
 
 
 
 
(e) in dealing with women and children, to act with strict regard to decency and with reasonable gentleness;
 
 
 
 
(f) to use his best endeavours to prevent any loss or damage by fire;
 
 
 
 
(g) to use his endeavours to avert any accident or danger to the public.
Duties of police-officers to keep order in streets, etc.
17. It shall be the duty of every police-officer-
 
 
 
 
(a) to regulate and control the traffic in the streets;
 
 
 
 
(b) to prevent constructions in the streets;
 
 
 
 
(c) to the best of his ability to prevent the infraction of any rule, regulation or order made under this Ordinance or any other law for the time being in force, for observance by the public in or near the streets;
 
 
 
 
(d) to keep order in the streets, and at and within public-bathing, washing and landing places, fairs and all other places of public resort, and in the neighbourhood of places of public worship during the time of public worship;
 
 
 
 
(e) to regulate resort to public-bathing, washing and landing places, to prevent overcrowding thereat and in public ferry-boats and, to the best of his ability, to prevent the infraction of any rule, regulation or order lawfully made for observance by the public at any such place or on any such boat.
Persons bound to conform to reasonable directions given by police-officers
18. 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.
Power of police-officers to enforce their directives
19. 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.
Power of police-officers to lay information, etc.
20. A police-officer may lay any information before a Magistrate and apply for any legal process as may by law be issued against any person committing an offence.
Power of police-officers to search suspected persons in streets, etc.
21. 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.
Enforcement of directions, notifications, public notices and orders given, issued or made under sections 28, 29, 30, 31, 32 or 33
22. Whenever a direction under section 28 has been given, or a notification under section 29 has been promulgated, or an order under sections 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 object 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.
Charge of unclaimed property and disposal thereof
23. (1) It shall be the duty of every police-officer to take temporary charge-
 
 
 
 
(a) of all unclaimed movable property found by, or made over to, him;
 
 
 
 
(b) of all movable property found lying in any public place or street, if the owner or person in charge of such property, on being directed to remove the same, refuses or omits to do so.
 
 
 
 
(2) A police-officer taking charge of any property under sub-section (1) shall hand over the property to the office-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 properly 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.
Impounding of cattle
24. 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.
Powers as to inspection, search and seizure of false weights and measures
25. (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.

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