liable to imprisonment with or without hard labour for any term not exceeding two years. Every such member of the Force may be placed under arrest, and, if necessary, detained by force by any officer under whose order he may then be until he shall have been tried for such offence. 34. If any Constable Begins, excites, causes, or joins in any mutiny or sedition offences. amongst the Police, or does not use his utmost endeavours to suppress the same, or conspires with any other person to cause a mutiny, or coming to the knowledge of any such mutiny or intended mutiny or sedition does not without delay give information thereof to his superior officer; or Strikes, or uses, or offers any violence against his superior officer; or Wilfully disobeys any lawful command of his superior; or Without leave from his superior officer absents himself from his quarters or station; or Being a guard or sentinel is found sleeping on his post, or leaves it before being regularly relieved; or Being employed on watch is found sleeping on his beat, or leaves it before being regularly relieved except in fresh pursuit of any offender whom he ought to apprehend; or Being under arrest or in confinement, leaves or escapes from his arrest or confinement before he is set at liberty by proper authority; or Neglects or refuses to assist in the apprehension of any member of the Police charged with any offence; or Protects any person not being a Constable from his creditor under pretence of his being a Constable, or protects any Constable in any manner otherwise than is allowed by this Ordinance, or fails to appear at any parade appointed by his superior officer; or Pawns, sells, loses by neglect, makes away with, or wilfully spoils his arms, accoutrements, clothing, or necessaries, or any medal or decoration granted him for service or for good conduct; or Steals any money or goods the property of any member of the Police or steals or embezzles any Government money or goods or receives any such money or goods knowing them to have been stolen or embezzled from any member of the Police or from the Government; or Commits any act of plunder or wanton destruction of property; Enumeration of certain or Is guilty of any other act, conduct, disorder, or neglect to the prejudice of good order and discipline, though not specified in the foregoing cases, he shall be deemed to have committed an offence against discipline, and such offence shall be inquired of, tried, and determined, and the offender in every case shall suffer such punish- Punishments. ment, according to the degree and nature of the offence as may be awarded in accordance with the following provisions. Punishments which the may award. 35.-(1) Where a Constable is charged with an offence under the Inspector, &c. preceding section or against the Regulations, the Inspector-General, or the Police Officer, or District Commissioner in charge of any detachment of Police, may examine into the truth of any such charge, and if his decision is against the accused, he may impose on him any one or more of the following punishments: Punishment for aggravated or repeated offences. (a) Imprisonment with or without hard labour for any period (c) Confinement to Barracks for any period not exceeding Punishments (2) The offence of drunkenness may be dealt with by the Inspecfor drunken- tor-General, or Police Officer, or District Commissioner in charge ness. of detachment as follows: (a) For the first and second offence the offender shall be admonished or confined to Barracks ; (b) For every subsequent offence the offender shall be fined any sum from one to five shillings to be levied by stoppages from the offender's pay; (c) If the offender was drunk on or for duty or parade the said fines shall be doubled; (d) Where the offender has been guilty of drunkenness on not less than four occasions in the preceding twelve months, or has been guilty of drunkenness on duty on not less than two occasions during the preceding twelve months he may be fined any sum not exceeding One pound and may be reduced to a lower rank or to that of a Constable or he may be sent for trial under the provisions of the next section; Provided that any punishment imposed by a Police Officer or District Commissioner may be mitigated or remitted by the Inspector-General. 36. In any case where it appears that the offence by reason of its gravity or by reason of previous offences would not be adequately punished under the preceding Section of this Ordinance the accused may be tried by a Police Magistrate or District Commissioner who may impose any one or more of the following punishments, that is to say (a) Fine not exceeding One pound to be levied by stoppages from the offender's pay; (b) Imprisonment with hard labour for any period not exceeding eighty-four days. 37. If any member of the Police pawns, sells, loses by neglect, Damage to or or wilfully spoils his arms, accoutrements, clothing or necessaries, losses of equipment. he may in addition to any other punishment be ordered to make good the amount of such loss or damage, to be recovered by stoppages out of the offender's pay. witnesses. 38. Every Officer of Police or District Commissioner herein- Power of before empowered to enquire concerning offences under this summoning Ordinance shall in any matter touching such enquiries have the power of summoning and examining witnesses on oath or affirmation and calling for documents in any matter before him and of adjourning any hearing from time to time. In every such enquiry the proceedings and evidence shall be recorded in writing. 39. Any person whether a member of the Police or not who False evidence shall wilfully give false evidence concerning the subject matter of perjury. any such enquiry shall be guilty of perjury and be liable to be prosecuted and punished accordingly. 40. Nothing in this Ordinance shall be construed to extend or Ordinary exempt any member of the Police from being proceeded against by the ordinary course of law when accused of felony or of any crime interfered or offence other than the offences herein before mentioned or with. referred to. course of law not to be victed by 41. No person having been acquitted by a Court of ordinary Persons jurisdiction of any crime or offence shall be tried on the same acquitted by charge or suffer any punishment on account thereof under this Court punishable on Ordinance. If any member of the Police has been convicted by a same charge Court of ordinary jurisdiction of any crime or offence he shall not nor if conbe liable to be punished for the same under this Ordinance other- Court punishwise than by loss of pay and by reduction to an inferior rank, or able except by to the rank of a Constable by order of the Governor in case of an reduction, &c. officer of or below the rank of Sergeant-Major or by dismissal from the Police or by the loss of the whole or any portion of his gratuity by order of the Governor. 42. No pay shall accrue or become due to any member of the Pay not to Police in respect of any period during which he is undergoing any accrue during sentence of imprisonment, imprisonment with hard labour, or penal under imprisonment servitude, or is detained in prison awaiting any trial which results sentence. in his conviction either for any offence against discipline, or for any felony or other offence of whatsoever nature. Where he is detained in prison awaiting any trial which results in his acquittal, there shall be deducted from his pay accruing during such detention a sufficient amount to defray the expense of his diet and maintenance in prison, but no other deduction shall be made. Fines to Le recovered from con. stables by stoppages. Where constable under more than one order of stoppages later orders may be postponed. Members not to resign without leave or notice. Delivery up of accoutrements on dismissal. 43. All fines imposed upon members of the Police for offences under this Ordinance or under any regulations under this Ordinance shall be recovered by stoppages from the offender's pay due at the time of committing such offence, and thereafter accruing due, and from any other source or in any other manner, and such stoppages shall be made by the Inspector-General, Police Officer, or District Commissioner in charge of a detachment. The amount of stoppages in respect of any fine shall be in the discretion of the officer authorised to impose fines, in no case exceeding one-third of the daily pay of the offender, and whenever more than one order of stoppages for any cause is in force against the same person, so much only of his pay shall be stopped as shall leave him a residue of at least two-thirds of his daily pay. Where more than one order of stoppage is made upon the same person, the order or orders later in date shall, if necessary, be postponed as to their enforcement until the earlier orders are discharged. Suspension, Dismissal and Withdrawal from the Force. 44. No member of the Force below the rank of Police Officer shall be at liberty to resign his office or to withdraw himself from the duties thereof, unless expressly allowed to by the InspectorGeneral in writing, or unless he shall have given due notice under Section 15 (2) hereof; and every member of the Force who shall so resign or withdraw himself without such leave or notice shall be liable, on being convicted thereof before any District Commissioner or Police Magistrate, to forfeit all arrears of pay then due to him, or to a fine of not more than five pounds, or to imprisonment for not more than two months, either with or without hard labour. The Inspector-General may from time to time suspend or, with the approval of the Governor, dismiss any Police Constable who is negligent in the discharge of his duty or otherwise unfit for the office of a Police Constable. 45. Every member of the Force who shall be dismissed from or shall cease to hold and exercise his office, and who shall not forthwith deliver over all the clothing, accoutrements, appointments and other necessaries which may have been supplied to him for the execution of his duty to the Inspector-General, or to such person and at such time or place as shall be decided by the Inspector-General, shall be liable on being convicted thereof before any District Commissioner or a Police Magistrate to imprisonment for any term not exceeding one month, either with or without hard labour; and it shall be lawful for any District Commissioner or Police Magistrate to issue a warrant to search for and seize all such clothing, accoutrements, appointments and other necessaries which shall not be so delivered over wherever the same may be found. Unlawful 46. Every person not being a member of the Force who shall possession of have in his possession any article being part of the clothing, accoutrements or appointments supplied to any such member of accoutrethe Force, and who shall not be able satisfactorily to account for ments. the possession thereof, shall be liable to a fine of not more than twenty-five pounds, or to imprisonment for not more than three months, either with or without hard labour. Powers of Search. 47. The Inspector-General or any Officer of Police may by Power to authority under his hand authorise any Police Constable to enter search. any house, shop, warehouse, store, yard or other premises in search of stolen property, and search and seize and secure any property he may believe to have been stolen, in the same manner as he would be authorised to do if he had a search warrant, and the property seized, if any, corresponded to the property described in such search warrant. In every case in which any property is seized in pursuance of this section, the person on whose premises it was at the time of seizure, or the person from whom it was taken if other than the person on whose premises it was, shall, unless previously charged with receiving the same knowing it to have been stolen, be summoned before a District Commissioner or Police Magistrate to account for his possession of such property, and such Court shall make such order respecting the disposal of such property and may award such costs as the justice of the case may require. when search 48. The Inspector-General or any Officer of Police may give Circumstances such authority as aforesaid in either of the following cases :(1.) When the premises to be searched are, or within the preced- may be made. ing twelve months have been, in the occupation of any person who has been convicted of receiving stolen pro- (2.) When the premises to be searched are in the occupation of It shall not be necessary on giving such authority to specify any particular property, but he may give such authority if he has reason to believe generally that such premises are being made a receptacle for stolen goods. Miscellaneous. 49. Any person who assaults or resists, or aids or incites any Assaulting or other person to assault or resist, any member of the Police Force resisting while in the execution of his duty shall be liable to a fine which police in their duty. may extend to twenty pounds, or may be tried and punished upon information for a misdemeanour. |