POLICE ORDINANCE

Arrangement of Sections

PRELIMINARY

1. Short title.

2. Laws and customs repugnant to this Ordinance repealed.

GENERAL POLICE FORCE

3. Establishment of police force.

4. Police force may be established in certain places, though not maintained in the manner prescribed in this Ordinance.

5. Police in rural districts.

6. Quartering of police in disturbed or dangerous districts, or districts the inhabitants of which misconduct themselves.

7. Power to employ additional police force.

8. Meaning of "large work”.

9. Some of the provisions only of this Ordinance may be brought into operation in any place.

10. Definition of limits of town.

11. Repealed.

12. Repealed.

13. Repealed.

14. Repealed.

15. Repealed.

16. Repealed.

17. Repealed.

18. Repealed.

19. Repealed.

20. Officers in whom the administration of police is vested.

21. Appointment of officers for the purposes of this Ordinance.

22. Additional Police Officers to be employed at the cost of individuals.

23. Recovery of expense under sections 6, 7, and 22.

24. Establishment of police reserve.

25. Appointment of Commandant and Deputy Commandant.

26. Enrolling of reservists.

26A. Identity cards.

26B. Mobilisation.

26C. Officers to serve in any part of the Republic.

26D. Powers, responsibilities of officers.

26E. Penalty for refusal to serve when mobilised.

26F. Obligations of employers.

26G. Unauthorised use of uniforms.

26H. Framing of rules.

27. Police officers not to resign without leave or two month's notice.

28. Police force may be placed under the control of a public officer.

28A. Power to make regulations for the establishment and operation of a scheme for the grant of compensation in respect of the permanent total or partial disablement or death of Police Officers in the discharge of their duties.

MAINTENANCE OF GENERAL POLICE

29. Expenses of police.

30. Fixed rates at which recovery of cost of police shall be made.

31. Tax to be levied for maintenance of police.

32. Meaning of "bona fide annual value”.

33. Minimum rates may be reduced in certain places from one rupee to fifty cents.

34. Power to appoint three or more assessors to assess the town, acting separately or collectively.

35. Time for of assessors.

36. Mode of assessment.

37. Power to assessors to call for returns.

38. Tax to be payable quarterly by owner.

39. Notice of assessment and demand of payment of tax to be served.

40. Person dissatisfied with assessment may institute action in appropriate court.

41. Proceedings if tax not duly paid.

42. Property may not be seized for arrears of tax beyond two quarters except in certain cases.

43. Order to be observed in seizing and selling property for recovery of tax.

44. Movables of defaulter wherever found, and of any person in the premises for which tax is due may be seized and sold.

45. Sale of rents and profits.

46. Sale of building materials and timber.

47. Sale of premises on which tax is due or a portion thereof.

48. Officers not liable for failure to observe order of seizure and sale.

49. Property seized may be removed or a person placed in possession.

50. Costs of seizure.

51. Houses may be broken open.

52. Tenant paying tax to avoid seizure of his property may deduct it from his rent.

53. After to payment of the tax and charges, over plus accruing from sale be restored to the owner of the property.

54. Certificate of sale.

POLICE RULES

55. The Inspector-General of Police may-make rules for police.

DUTIES AND LIABILITIES OF POLICE OFFICERS

56. Duties of Police Officers.

57. Police officers to have authority to execute warrants in all parts of Sri Lanka.

58. Police officers to act in ports of Sri Lanka.

59. Minister may make rules.

60. Police officers to obey lawful orders of Ports Authority and customs officer.

61. Penalties.

62. Meaning of "port”.

63. Certain duties of Police Officers. Obstructions and nuisances on roads.

64. Power of police to seize straying cattle.

65. Persons arrested without warrant to be taken to police station until brought before Magistrate or bailed.

66. Officer in charge of police station may take recognizance for appearance of prosecutor or witness.

67. Condition of recognizance.

68. Police officer may enter drinking shops without a warrant.

69. Penalty on persons found drunk and incapable.

70. Police officer not to receive complaints of petty offences.

71. Police officers may lay information.

72. Court to direct payment of share of fine to Police Reward Fund.

73. Police Fund.

74. Execution of process beyond five miles.

75. In case of fire Police Officers to repair to the spot.

76. Householder to give lists of inmates when required.

77. Power to give directions prohibiting or regulating processions.

78. Regulation of public processions and of carriages and persons at places of public resort.

79. Possession of dangerous weapons at public meetings and processions and use of words or behaviour tending to cause breach of the peace.

80. Regulation of use in or near public places of instruments producing or reproducing sound.

81. Meaning of "public meeting” and "public place” in sections 77 to 80.

82. Penalties for neglect of duty.

83. Penalty for cowardice.

84. Unlawful assumption of police function, personation of police.

85. Penalty on traffic in Government property.

86. Nuisances removed and abated.

87. Plea act that was done under a warrant.

88. Limitation of action.

GENERAL PROVISIONS

89. Wells to be surrounded with wall two feet high.

90. No cart to remain in the street except for loading and unloading.

91. No carriage to obstruct any street.

92. Penalty on furious or careless riding or driving.

93. Elephants not to pass along the streets except at certain times.

94. Persons offending against sections 90, 91, 92 and 93 may be seized.

95. Penalty on persons forming part of procession or assemblies carrying sword or other offensive weapons.

96. Beating of tom-tom forbidden.

97. Appeal against refusal of, conditions in, or withdrawal of, licence.

98. False reports to alarm people and create a panic.

99. Persons to keep the space opposite their houses clean.

100. Common nuisance.

101. Houses to be surrounded with walls or fences and gardens kept clean.

102. Cases may be tried before Magistrates' Courts, though otherwise out of their jurisdiction.

103. Power to prosecute not affected.

104. Interpretation.

SCHEDULES

16 of 1865,

7 of 1866,

18 of 1871,

6 of 1873,

7 of 1873,

3 of 1875,

1 of 1878,

7 of 1880,

1 of 1883,

3 of 1883,

13 of 1884,

11 of 1886,

23 of 1891,

4 of 1897,

13 of 1905,

22 of 1906,

14 of 1907,

17 of 1908,

7 of 1910,

17 of 1912,

12 of 1914,

39 of 1916,

40 of 1921,

14 of 1924,

20 of 1927,

12 of 1933,

21 of 1939,

36 of 1945,

32 of 1947,

3 of 1974,

15 of 1949,

50 of 1954,

32 of 1956,

15 of 1962,

2 of 1968,

3 of 1972,

41 of 1984.

AN ORDINANCE to provide for the establishment and regulation of a police force in Sri Lanka.

[Date of Commencement: 1st January, 1866]

PRELIMINARY

1. Short title.

This Ordinance may be cited as the Police Ordinance.

2. Laws and customs repugnant to this Ordinance repealed.

So soon as any of the provisions of this Ordinance shall be brought into operation within any town, village, or limits, or part of any town or village, all laws, customs, and usages which may then be in force therein, so far as they are in anywise repugnant to or inconsistent with the provisions of this Ordinance, shall be revoked, abrogated, and repealed.

GENERAL POLICE FORCE

3. Establishment of police force.

It shall be lawful for the Minister, from time to time, as occasion may require, to establish, by Order published in the Gazette, a police force for the effectual protection of person and property within such towns as to him shall appear to require the same. Whenever such force shall be so established within any town this Ordinance shall come into operation therein:

Provided that no Order shall be necessary to establish the force in places where the same shall have been already established under the Ordinance No. 17 of 1844, to which this Ordinance shall apply.

4. Police force may be established in certain places, though not maintained in the manner prescribed in this Ordinance.

It shall be lawful for the Minister, by Order published in the Gazette, to establish a police force in any place other than large towns, though such force be not maintained in the manner prescribed by this Ordinance, and to declare that certain of the provisions of this Ordinance shall come into operation at such place, specifying the limits thereof, and such Order from time to time to revoke, alter, or amend.

5. Police in rural districts.

It shall be lawful for the Minister to establish a police force in any rural district, and to cause the same to be maintained in the manner hereinafter prescribed.

6. Quartering of police in disturbed or dangerous districts, or districts the inhabitants of which misconduct themselves.

It shall be lawful for the Minister, by Order published in the Gazette, to quarter police, or, should a police force have been already established there, to increase the same, in any part of Sri Lanka which shall be found to be in a disturbed or dangerous state, or in any part in which, from the misconduct of the inhabitants (whether in harboring offenders or suspected persons, refusing to aid in their apprehension, or otherwise), he may deem it expedient so to do; and the inhabitants of the parts of Sri Lanka in which the police or the additional number of men as aforesaid shall be so quartered, shall be charged with the cost of the men; and the (See section 4 of the Transfer of Powers (Divisional Secretaries) Act, No. 58 of 1992. (Section 4 is appended in page 343A)) Government Agent to whose district such part belongs, but not any (See section 4 of the Transfer of Powers (Divisional Secretaries) Act, No. 58 of 1992. (Section 4 is appended in page 343A)) Assistant Government Agent, shall assess the proportion in which such cost is to be paid by the inhabitants according to his judgment of their respective means.

7. Power to employ additional police force.

Whenever any large work shall be carried on or be in operation in any part of the country, and it shall appear to the Inspector-General of Police that the employment of an additional police force in the neighborhood of such large work is rendered necessary by the behaviour or reasonable apprehension of the behaviour of persons employed upon such large work, it shall be lawful for the Inspector-General of Police, with the approval of the Minister to direct the employment of such additional police force, and to maintain the same so long as the necessity shall continue, and to make orders from time to time upon the person having the control or custody of the funds of any company or person carrying on such large work for the payment of the extra force so rendered necessary as aforesaid.

8. Meaning of "large work”.

The term "large work” shall, unless the context otherwise requires, include any railway, tramway, manufactory, any plumbago mining or other commercial business or concern in which a considerable number of artisans, operatives, workmen, coolies, or persons are employed.

9. Some of the provisions only of this Ordinance may be brought into operation in any place.

It shall be lawful for the Minister, by Order published in the Gazette, from time to time to declare that such of the provisions of this Ordinance as to him may seem advisable shall come into operation throughout Sri Lanka, or in any province, district, town, or place as shall appear to him to require the same, though there be no police force established therein.

10. Definition of limits of town.

The Order establishing a police force in any town shall also specify and define the limits of such town, and it shall be lawful for the Minister, from time to time as occasion may require, by Order, to alter or vary such limits.

11. .

[Rep by s 2 of Act 2 of 1968.]

12. .

[Rep by s 2 of Act 2 of 1968.]

13. .

[Rep by s 2 of Act 2 of 1968.]

14. .

[Rep by s 2 of Act 2 of 1968.]

15. .

[Rep by s 2 of Act 2 of 1968.]

16. .

[Rep by s 2 of Act 2 of 1968.]

17. .

[Rep by s 2 of Act 2 of 1968.]

18. .

[Rep by s 2 of Act 2 of 1968.]

19. .

[Rep by s 2 of Act 2 of 1968.]

20. Officers in whom the administration of police is vested.

The administration of the police in Sri Lanka shall be vested in the Inspector-General of Police, Superintendents and Assistant Superintendents of Police, Inspectors, Sergeants, and constables.

21. Appointment of officers for the purposes of this Ordinance.

(1) There shall be appointed an Inspector-General of Police and such Deputy Inspectors-General of Police, Superintendents, Assistant Superintendents, Inspectors, and other officers as may be necessary for the purposes of this Ordinance.

(2) A Deputy Inspector-General of Police shall discharge such functions of the Inspector-General of Police as the Inspector-General of Police may from time to time assign to him.

(3) In this Ordinance or any other written law "Inspector-General of Police” shall be deemed to include a Deputy Inspector-General of Police.

22. Additional Police Officers to be employed at the cost of individuals.

It shall be lawful for the Inspector-General of Police or any Superintendent, if he shall think fit, on the application of any person showing the necessity thereof, to appoint any additional number of Police Officers to keep the peace, at the charge of the person making the application, but to be under the orders of tile Inspector-General of Police or Superintendent and for such time as they shall think fit:

Provided that it shall be lawful for the person on whose application such appointment shall have been made, on giving one month's notice in writing to such Inspector-General of Police or Superintendent to require that the officer so appointed shall be discontinued, and such person shall be relieved from the charge of such additional force from the expiration of such notice.

23. Recovery of expense under sections 6, 7, and 22.

If upon demand any person refuses or fails to pay the sum due by him for maintaining the force under sections 6, 7, and 22, the Inspector-General of Police or Superintended shall report such refusal or failure to the nearest Magistrate's Court, which shall proceed to recover such sum as if it were a fine imposed by that court.

24. Establishment of police reserve.

There shall be established a police reserve to assist the police force in the exercise of its powers and the performance of its duties.

[S 24 subs by s 2 of Law 3 of 1974.]

25. Appointment of Commandant and Deputy Commandant.

(1) For the purposes of this Ordinance, there shall be appointed a Commandant who shall be in command of the police reserve and be responsible for its general administration in accordance with the provisions of this Ordinance and the regulations made hereunder.

(2) There shall be appointed an officer of the police force not below the rank of Superintendent of Police to be Deputy Commandant who shall, in the absence of the Commandant, exercise and perform all his powers and duties.

[S 25 subs by s 2 of Law 3 of 1974.]

26. Enrolling of reservists.

(1) The Commandant shall, in accordance with the regulations made in that behalf, appoint to the police reserve such number of Reserve Superintendents, Reserve Assistant Superintendents, Reserve Chief Inspectors, Reserve Inspectors, Reserve Sub-Inspectors, Reserve Sergeants-Major, Reserve Sergeants and Reserve Constables as may be determined by the Inspector-General of Police.

(2) Every appointment to the rank of Reserve Superintending and Reserve Assistant Superintendent shall be made with the prior written approval of the Inspector-General of Police.

[S 26 subs by s 2 of Law 3 of 1974.]

26A. Identity cards.

An identity card issued to any person duly authenticated by the Commandant shall be conclusive proof of the appointment under this Ordinance of the holder thereof to the rank in the police reserve specified therein.

[S 26A ins by s 3 of Law 3 of 1974.]

26B. Mobilisation.

(1) The Commandant shall, on the directions of the Inspector-General of Police, mobilise such officers of the police reserve as are required to assists the police force in the exercise of its powers and performance of its duties. No such officer shall be de-mobilised by the Commandant except on the directions of the Inspector-General of Police.

(2) The notification of mobilisation may be conveyed to any member of the police reserve orally or in writing or by an announcement made over the radio or by publication in a newspaper.

[S 26B ins by s 3 of Law 3 of 1974.]

26C. Officers to serve in any part of the Republic.

An officer of the police reserve shall be required to serve in any part of the Republic and within its territorial waters.

[S 26C ins by s 3 of Law 3 of 1974.]

26D. Powers, responsibilities of officers.

On mobilisation an officer of any rank in the police reserve shall have the same powers, duties, obligations and responsibilities and enjoy the same immunities as an officer of that rank in the police force.

[S 26D ins by s 3 of Law 3 of 1974.]

26E. Penalty for refusal to serve when mobilised.

(1) Any officer of the police reserve who, having been mobilised for service, fails without reasonable cause to report for service, or neglects or refuses to serve as such, shall be guilty of an offence and shall be liable on conviction after trial before a Magistrate to a fine not exceeding one thousand rupees or to rigorous imprisonment for a term not exceeding six months, or to both such fine and imprisonment.

(2) Any officer of the police reserve who, having been mobilised for service, fails without reasonable cause to carry out any lawful order, instruction or direction given for the performance of his duties by the Commandant or an officer of the police reserve duly authorised by the Commandant or any officer of the police force duly authorised by the Inspector-General of Police, shall be guilty of an offence and be liable on conviction after trial before a Magistrate to a fine not exceeding five hundred rupees or to simple imprisonment for a term not exceeding three months, or to both such fine and imprisonment.

[S 26E ins by s 3 of Law 3 of 1974.]

26F. Obligations of employers.

(1) It shall be the duty of every employer to give all proper facilities for enabling any person in his employ to become or to be a member of the police reserve and any such person who is a member of that reserve to undergo and render such training and serve as he may be required to undergo and render by or under this Ordinance.

(2) Any employer who—

(a) fails to give the facilities referred to in subsection (1) of this section; or

(b) by dismissing an employee or by reducing his wages or in any other manner penalises him for undergoing or rendering any training or service referred to in that subsection, shall be guilty of an offence and shall, on conviction after trial before a Magistrate, be liable to a fine not exceeding one thousand rupees or to simple or rigorous imprisonment for a term not exceeding six months, or to both such fine and imprisonment.

(3) Where an employer guilty of an offence under this section—

(a) is a body corporate, every person who, at the time of the commission of the offence, was a director, manager or secretary of such body; and

(b) is a firm, every partner of such firm, shall be deemed to be guilty of such offence unless such director, manager, secretary or partner, as the case may be, proves that such offence was committed without his consent or connivance and that he exercised all such diligence to prevent the commission of such offence as he ought to have exercised having regard to the nature of his functions in such capacity and in all the circumstances.

[S 26F ins by s 3 of Law 3 of 1974.]

26G. Unauthorised use of uniforms.

Any officer of the police reserve who—

(a) when not mobilised and without lawful authority uses or wears the uniform or any part of the uniform of an officer of the police reserve or any imitation thereof which is calculated to deceive, or

(b) without lawful authority supplies to a person who is not an officer of the police reserve, any such uniform or part of such uniform, shall be guilty of an offence and shall of conviction after trial before a Magistrate be liable to a fine not exceeding two hundred rupees or to rigorous imprisonment for a term not exceeding three months, or to both such fine and imprisonment.

[S 26G ins by s 3 of Law 3 of 1974.]

26H. Framing of rules.

It shall be lawful for the Inspector-General of Police, with the approval of the Minister, to make rules in respect of all or any of the following matters relating to the police reserve:

(a) the personnel and cadre of the police reserve;

(b) the recruitment of officers and their conditions of serve;

(c) the duties and responsibilities of officers under mobilisation;

(d) the training of officers;

(e) the arming of the police reserve;

(f) the discipline of officers;

(g) the mobilisation and de-mobilisation of officers;

(h) the award of rewards or decorations in recognition of meritorious service;

(i) the establishment and administration of a Police Reserve Amenity Fund; and

(j) any other matter connected with the exercise of the powers and the performance of the duties by officers.

[S 26H ins by s 3 of Law 3 of 1974.]

27. Police officers not to resign without leave or two month's notice.

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PORTS AND AIRPORTS DEVELOPMENT LEVY (AMENDMENT) ACT, NO. 21 OF 2016


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