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The Khulna Metropolitan Police Ordinance, 1985

( Ordinance NO. LII OF 1985 )

Chapter VI

SPECIAL MEASURES FOR MAINTENANCE OF PUBLIC SAFETY AND ORDER

Employment of additional police on application
38. (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.
Employment of additional police at certain places
39. (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.
Dispersal of gangs
40. 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.
Removal of persons about to commit offence
41. Whenever it appears to the Police Commissioner-
 
 
 
 
(a) that the movements or acts of any person are causing or likely to cause alarm, danger or harm to any other person or to any property; or
 
 
 
 
(b) that there are reasonable grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under Chapter XII, XVI or XVII of the Penal Code (XLV of 1860), or in the abetment of any such offence;
 
 
 
 
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.
Removal of persons convicted of certain offences
42. If a person has been convicted of an offence-
 
 
 
 
(a) under Chapter XII, XVI or XVII of the Penal Code (XLV of 1860);
 
 
 
 
(b) under the Suppression of Immoral Traffic Act, 1933 (Ben. Act VI of 1933);
 
 
 
 
(c) under the Customs Act, 1969 (IV of 1969); or
 
 
 
 
(d) under sections 77, 78, 79, 84, 89 or 91 of this Ordinance thrice or more;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.
Period of operation of orders under sections 40, 41 or 42
43. An order made under sections 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.
Hearing to be given before order under sections 40, 41 or 42 is made
44. (1) Before an order under sections 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 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.
Appeal
45. (1) Any person aggrieved by an order made under sections 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.
Certain orders of Police Commissioner or Government not to be called in question
46. An order passed by the Police Commissioner under sections 40, 41 or 42 or by the Government under section 45 shall not be called in question in any Court.
Procedure on failure of person to leave Metropolitan Area and his entry therein after removal
47. (1) If a person who has been directed by an order made under sections 40, 41 or 42 to remove himself outside the Metropolitan Area -
 
 
 
 
(a) fails to remove himself as directed; or
 
 
 
 
(b) having so removed himself, except with the permission of the Police Commissioner under sub-section (2), enters the said Area within the period specified in the order;
 
 
 
 
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 sections 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 sections 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.
 
 
 
 

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