Odisha Police rapped for overstepping its limit

BHUBANESWAR: Odisha Police have been caught in the wrong foot executing the motor vehicles (MV) Act, 1988 in the state. While the cops are empowered to invoke only three out of total 33 penalty sections of the Act, involving compoundable offences, they have been spotted illegally exercising their authority by imposing fine under other sections of the Act.

Sources said the police officers are empowered to make use of the sections of 177, 179 and 183 (1), (2) of the MV Act. Section 177 covers the most common violations of road rules like not possessing driving licence, failure to produce vehicle documents and use of modified gadgets in vehicles. Certain minor offences that are not mentioned in the MV Act are also covered under the section 177. MV Act’s section 179 entails disobedience of orders. Section 183 (1), (2), attracts penalty for over-speeding. In all the three sections, the police are empowered to impose fine of Rs 100 only.

“We found that police officers in some districts imposed fine against violators under different sections of the MV Act that they are not empowered to do. Police officers are empowered to compound offences only under sections of 177, 179 and 183 (1) and (2) of the MV Act. I have written to the deputy commissioners of police (DCPs) in Bhubaneswar and Cuttack and superintendents of police (SPs) in districts to sensitise their officers to invoke the three sections only,” state transport commissioner Sanjeeb Panda told TOI.

Sources said the transport department found that some police officers illegally imposed fine on some commercial vehicles for overloading, invalid fitness documents and unauthorised permit routes. Transport officials said the police have no right to impose fine towards such offences. The officials said the police have the right to initiate legal action against such violators by sending a prosecution report (PR) to court.

The transport department empowered police personnel of and above the rank of sub-inspector in urban police stations and traffic stations to compound offences under sections of 177, 179 and 183 (1), (2) of the MV Act. In rural police stations, officers of and above the rank of assistant sub-inspector are empowered to execute the three sections. While the police personnel have been delegated the power to realize only Rs 100 fine under the MV Act, the commissionerate police in Bhubaneswar and Cuttack are additionally empowered to collect Rs 500 fine under Odisha urban police (OUP) Act.