Section 23 of The Bengal Village Self-Government Act, 1919 — Powers and duties of chaukidars and dafadars
Bare section text
Official Legislative Text
- (1)Every chaukidar shall exercise the following powers and perform the following duties:—
- (i)he shall give immediate information to the officer in charge of the police-station within the limits of which the union is situated and to the president of the union board, of every unnatural, suspicious or sudden death which may occur, and of any offence specified in schedule II which may be committed within the union, and he shall keep the police and the president of the union board informed of all disputes which are likely to lead to a riot or serious affray;
- (ii)he may, without an order from a Magistrate and without a warrant, arrest—
- (a)any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists of his having been so concerned;
- (b)any person having in his possession, without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking;
- (c)any person who has been proclaimed as an offender either under the Code of Criminal Procedure, 1898, or by order of the [State Government];
- (d)any person in whose possession anything is found which may reasonably be suspected to be stolen property, or who may reasonably be suspected of having committed an offence with reference to such thing;
- (e)any person who obstructs a police-officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody;
- (f)any person reasonably suspected of being a deserter from [the Indian] Army, Navy or Air Force; and
- (g)any released convict committing a breach of any rule made under section 565, sub-section (3), of the Code of Criminal Procedure, 1898;
- (iii)he shall, to the best of his ability, prevent, and he may interpose for the purpose of preventing, the commission of any offence specified in schedule II;
- (iv)he shall assist private persons in making such arrests as they may lawfully make, and he shall report such arrests without delay to the officer in charge of the aforesaid police-station;
- (v)he shall observe, and, from time to time, report to the said officer the movements of all bad characters within the union;
- (vi)he shall report to the said officer the arrival of suspicious characters in the neighbourhood;
- (vii)he shall report in such manner as may be prescribed by the District Magistrate the births and deaths which have occurred within the union; (viiia) he shall give immediate information to the union board of the outbreak of any epidemic disease among men or cattle;
- (viii)he shall supply any local information which the District Magistrate or any police-officer may require;
- (ix)he shall obey the orders of the union board in regard to keeping watch within the union and in regard to other matters connected with his duties as chaukidar;
- (x)he shall give immediate information to the union board of any offence under sub-section
- (4)of section 30 and of any encroachment on, or obstruction to, any road or waterway within the union and of any damage to any property under the control of the union board;
- (xi)he shall assist the person collecting the union rate in making such collection;
- (xii)he shall serve such processes upon persons resident within the union as may be prescribed by rules under section 101; and
- (xiii)he shall carry out such other duties as may be entrusted to him from time to time in accordance with the Act or any rules made hereunder.
- (2)Every dafadar shall exercise all the powers conferred on a chaukidar under sub-section
- (1)and shall perform such duties as may be imposed upon him by rules made under section 101.