The Official Website of Law Department, Government Secretariat, Kerala

ORDINANCE NO. 16 OF 2010

THE KERALA POLICE (AMENDMENT) ORDINANCE, 2010

Promulgated by the Governor of Kerala in the Sixty-first Year of the Republic of India.

AN
ORDINANCE

further to amend the Kerala Police Act, 1960.

Preamble.—Whereas, the Kerala Police (Amendment) Ordinance, 2009 (12 of 2009) was promulgated by the Governor of Kerala on the 1st day of June, 2009;

And Whereas, a Bill to replace the said Ordinance could not be introduced in, and passed by the Legislative Assembly of the State of Kerala during its session which commenced on the 22nd day of June, 2009 and ended on the
24th day of July, 2009;

And Whereas, in order to keep alive the provisions of the said Ordinance, the Kerala Police (Amendment) Ordinance, 2009 (15 of 2009) was promulgated by the Governor of Kerala on the 1stday of August, 2009;

And Whereas, a Bill to replace the said Ordinance could not be introduced in, and passed by the Legislative Assembly of the State of Kerala during its session which commenced on the 8th day of September, 2009 and ended on the 17th day of September, 2009;

And Whereas, in order to keep alive the provisions of the said Ordinance, the Kerala Police (Amendment) Ordinance, 2009 (21 of 2009) was promulgated by the Governor of Kerala on the 16th day of October, 2009;

And Whereas, a Bill to replace the said Ordinance could not be introduced in, and passed by the Legislative Assembly of the State of Kerala held on the
29th day of December, 2009;

And Whereas, in order to keep alive the provisions of the said Ordinance, the Kerala Police (Amendment) Ordinance, 2010 (5 of 2010) was promulgated by the Governor of Kerala on the 22nd day of January, 2010;

And Whereas, a Bill to replace the said Ordinance could not be introduced in, and passed by the Legislative Assembly of the State of Kerala during its session which commenced on the 24th day of February, 2010 and ended on the 31st day of March, 2010;

And Whereas, under sub-clause (a) of clause (2) of Article 213 of the Constitution of India, the Kerala Police (Amendment) Ordinance, 2010 (5 of 2010) will cease to operate on the 7th day of April, 2010;

And Whereas, difficulties will arise if the provisions of the said Ordinance are not kept alive;

And Whereas, the Legislative Assembly of the State of Kerala is not in session and the Governor of Kerala is satisfied that circumstances exist which render it necessary for him to take immediate action;

Now, Therefore, in exercise of the powers conferred by clause (1) of Article 213 of the Constitution of India, the Governor of Kerala is pleased to promulgate the following Ordinance:—

1. Short title and commencement.—(1) This Ordinance may be called the Kerala Police (Amendment) Ordinance, 2010.

(2) It shall be deemed to have come into force on the 18th day of January, 1984.

2. Act 5 of 1961 to be temporarily amended.—During the period of operation of this Ordinance, the Kerala Police Act, 1960 (5 of 1961) (hereinafter referred to as the principal Act), shall have effect subject to the amendment specified in section 3.

3. Amendment of section 69.—In section 69 of the principal Act, in sub-section (1), after the words "make rules", the words "either prospectively or retrospectively" shall be inserted.

4. Repeal and saving.—(1)The Kerala Police (Amendment) Ordinance, 2010 (5 of 2010), is hereby repealed.

(2)Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act, as amended by this Ordinance.

R. S. Gavai,

Governor.