Central
Section 5 of The Police-Forces (Restriction of Rights) Act, 1966
- (1)The Central Government may, by notification in the Official Gazette, amend the Schedule by including therein any other enactment relating to a force charged with the maintenance of public order or by omitting there from any enactment already specified therein and on the publication of the notification such enactment shall be deemed to be specified in, or as the case may be, omitted from, the Schedule.
- (2)A copy of every notification issued under sub-section (1) shall be laid before each House of Parliament, as soon as may be, after it is issued.
Summary
- This section gives the Central Government the power to amend (change) the Schedule at the end of the Act.
- The Central Government can add a new law to the Schedule if that law relates to a force charged with keeping public order.
- The Central Government can remove (omit) any law that is already specified in the Schedule.
- These changes must be made by publishing a notification (official announcement) in the Official Gazette.
- Once the notice is published, the law is officially deemed to be specified in, or omitted from, the Schedule.
- The Central Government must present a copy of every such notification to each House of Parliament as soon as possible after it is issued.
Practical examples
1In 1968, the Central Government wants to apply this Act to a newly created security force. They publish a notification in the Official Gazette adding that force's governing law to the Schedule, which instantly brings them under the Act.
2In 1972, the Central Government decides that a state force listed in the Schedule should no longer be restricted. They publish a notification in the Official Gazette to omit that force's law from the Schedule.
FAQ
1. Who has the power to change the Schedule of this Act?
The Central Government of India has the power to amend it.
2. How does the Central Government add or remove a law from the Schedule?
By publishing a notification in the Official Gazette.
3. What kind of laws can be added to the Schedule?
Any enactment (law) relating to a force charged with the maintenance of public order.
4. When does a change to the Schedule take effect?
It takes effect upon the publication of the notification in the Official Gazette.
5. Does the Central Government have to report these changes to Parliament?
Yes, a copy of every notification must be laid before each House of Parliament as soon as possible after it is issued.
Test yourself
Q1.Who can amend the Schedule under Section 5?
Q2.What is the required method for amending the Schedule?
Q3.What types of laws can be added to the Schedule under Section 5?
Q4.What must the Central Government do after issuing a notification to change the Schedule?
Q5.When is an enactment officially considered added or removed from the Schedule?