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The Assam Police Act, 2007 (Single Document)
The Assam Police Act, 2007 (Single Document)
Sections
Section 1. (1) This Act may be called the Assam Police Act, 2007.
Section 1Section 2. (1) In this Act, unless the context otherwise requires,--
Section 2Section 3. (1) There shall be one Police Force for the State, Members of the
Section 3Section 4. Subject to the provisions of this Act ,--
Section 4Section 5. (1) For the overall direction and supervision of the Police Force,
Section 5Section 6. (1) The State Government shall appoint the Director General of
Section 6Section 7. The State Government may, by notification in the Official
Section 7Section 8. (1) The State Government in consultation with the Director
Section 8Section 9. The State Government may in consultation with the Director
Section 9Section 10. (1) For the purpose of dealing with a particular category of
Section 10Section 12. (1) The State Government shall appoint and transfer officers
Section 12Section 13. A senior police officer may perform any duty assigned by law or
Section 13Section 14. (1) The administration of the Police throughout the local
Section 14Section 15. (1) For the purpose of efficiency in the general administration
Section 15Section 17. (1) The State Police Organization shall have a State
Section 17Section 18. (1) The State Government shall create and maintain such
Section 18Section 19. (1) The State Government may establish a full -fledged Police
Section 19Section 20. The State Government may set up such bodies and take up such
Section 20Section 21. Every member of the Police Service enrolled under this Act
Section 21Section 22. (1) Every police officer of or below the rank of Inspector shall
Section 22Section 23. (1) When it shall appear that any unlawful assembly, or riot or
Section 23Section 24. No police-officer shall he at liberty to withdraw himself from the
Section 24Section 25. No police officer shall engage in an employment or office
Section 25Section 26. It shall be lawful for the Director General of Police or any
Section 26Section 27. The service shall have such ranks and post as may be prescribed
Section 27Section 28. To assist the civil police promptly and efficiently in dealing with
Section 28Section 29. The Armed Police Battalion will be state -level rese rve, to be
Section 29Section 30. The District Armed Reserve, which will function under the
Section 30Section 31. A Commandant, equivalent in rank to Superintendent of Police,
Section 31Section 32. The Armed Police Branches setup of the State shall be headed by
Section 32Section 33. The superintendence of State Police shall Vest in and be
Section 33Section 34. The State Government shall, within six months of the coming
Section 34Section 35. (1) The State Security Commission shall have as its members:
Section 35Section 37. No person shall be appointed as an Independent Member of the
Section 37Section 38. The Retired High Court Judge and the Independent Members
Section 38Section 39. (1) An Independent Member may be removed from the State
Section 39Section 40. The State Security Commission shall perform the following
Section 40Section 41. The expenses on account of remuneration, allowances and travel
Section 41Section 42. (1) The administration of the Police Force throughout the State
Section 42Section 43. As head of the State Police Force, it shall be the responsibility of
Section 43Section 44. The State Government shall constitute a Police Establishment
Section 44Section 45. The Police Establishment Board shall perform the following
Section 45Section 46. Postings and transfers of non -gazetted police officers within a
Section 46Section 47. The role and functions of the police shall broadly be,-
Section 47Section 48. Every Police officer shall ,-
Section 48Section 49. (1) The State Government may, by notification in the Official
Section 49Section 51. The Internal Security Schemes so formulated shall be reviewed,
Section 51Section 52. The Internal Security Scheme shall, inter alia, cover the role of
Section 52Section 53. (1) Any organization, while taking up any activity or
Section 53Section 54. The Internal Security Schemes shall incorporate regularly
Section 54Section 55. The State Government shall ensure that in all Metropolitan
Section 55Section 56. The officers posted in the Special Crime Investigation Unit shall
Section 56Section 57. The officer posted to the Special Crime Investigation Units shall
Section 57Section 59. The investigations of cases taken up by the Special Crime
Section 59Section 60. At the headquarters of each Police District, one or more Special
Section 60Section 61. The Criminal Investigation Department of the State, shall take
Section 61Section 62. The Criminal Investigation Department shall have specialized
Section 62Section 63. The officers posted to the Criminal Investigation Department
Section 63Section 64. Subject to the approval of the State Government, the Director
Section 64Section 65. Police personnel in the State shall be governed by the existing
Section 65Section 66. Every officer not on leave or under suspension shal, for all
Section 66Section 67. No police officer shall abdicate his duties or withdraw himself or
Section 67Section 68. No police officer shall engage in any other employment or office
Section 68Section 69. In addition to the already existing mechanisms, and functions,
Section 69Section 70. The State Government shall, within three months of the coming
Section 70Section 71. The Commission shall have a Chairperson end three members
Section 71Section 72. The Chairperson and the Members of the Commission shall be
Section 72Section 73. A person shall be ineligible to be a Member of the Commission.
Section 73Section 74. (1) The term of office of a Member, and the Chairperson, shall
Section 74Section 75. (1) Any Member of the Commission may be removed from
Section 75Section 76. (1) Members of the Commission shall be assisted by adequate
Section 76Section 77. The Commission shall devise its own rules for the conduct of its
Section 77Section 78. (1) The Commission shall enquire into allegations of "serious
Section 78Section 79. In the cases directly enquired by it, the Commission shall have
Section 79Section 80. No statement made by a person in the course of giving evidence
Section 80Section 81. If, at any stage of the inquiry, the Commission considers it
Section 81Section 82. In the cases directly inquired by the Commission, it may, upon
Section 82Section 83. (1) The Commission shall prepare an annual report at the end
Section 83Section 84. (1) The State Government may establish in each Police
Section 84Section 85. (1) The District Accountability Authority may perform the
Section 85Section 86. (1) Each District Accountability Authority shall prepare and
Section 86Section 87. (1) The Commission shall control and supervise, and issue
Section 87Section 88. (1) The complainant may lodge his complaint relating to any
Section 88Section 89. No suit or other legal proceedings shall lie against the State
Section 89Section 90. (1) The District Superintendent of Police or an officer not
Section 90Section 91. (1) The District Superintendent of Police or any Police Officer
Section 91Section 92. The District Superintendent or any officer not below the rank of
Section 92Section 93. (1) The District Superintendent of Police or any other Police
Section 93Section 94. Any person not obeying the lawful orders issued under section
Section 94Section 95. (1) The District Superintendent of Police may, by public
Section 95Section 96. Nothing in the preceding sections namely section 90,91,92,93
Section 96Section 97. Whoever, having ceased to be a police officer, does not forthwith
Section 97Section 98. Whoever, being police officer ;
Section 98Section 99. Whoever, being a police officer,-
Section 99Section 100. (1) Any person who commits any of the following offences on
Section 100Section 101. (1) All general directions, regulations, and public notices
Section 101Section 102. No Court shall take cognizance of any offence under this Act
Section 102Section 103. Subject to the provisions contained in section 300 of the C ode of
Section 103Section 104. (1) A Court taking cognizance of an offence punishable under
Section 104Section 105. Provisions of sections 64 to 70 of the Indian Penal code, 1860
Section 105Section 106. No Court shall take cognizance of any offence under this
Section 106Section 107. All powers, functions and duties of the District Superintendent
Section 107Section 108. All fees paid for licenses or written permission issued under this
Section 108Section 109. Any order or notification published or issued by the State
Section 109Section 110. No rule, regulation, order, direction, or notification made or
Section 110Section 111. Whenever in consequence of the office of a Commissioner,
Section 111Section 112. (1) Any licence or written permission granted under the
Section 112Section 113. Any public notice required to be given under any of the
Section 113Section 114. Whenever under this Act, the doing or the omitting to do
Section 114Section 115. (1) The State Government may make rules for carrying out the
Section 115Section 116. If any difficulty arises in giving effect to the provisions of this
Section 116Section 117. (1) The Police Act 1861 (Act V of 1861), in its application to
Section 117
assam-police-act-2007-single-document.json
•
112 Sections
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Assam
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"slug": "assam-police-act-2007-single-document",
"title": "The Assam Police Act, 2007 (Single Document)",
"short_title": "The Assam Police Act, 2007 (Single Document)",
"act_number": "20",
"act_year": 2007,
"act_type": "STATE",
"location": "Assam",
"law_status": "valid",
"enactment_date": "2007-08-31",
"description": "The Assam Police Act, 2007 (Single Document)",
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"number": "1",
"title": "Section 1. (1) This Act may be called the Assam Police Act, 2007.",
"chapter": null,
"content": "(2) It shall come into force on such date as the State Government \nmay, by notification in the Official Gazette, specify in this \nbehalf. \n \n(3) It extends to the whole of the State of Assam. \n \n\n2 \n \nDefinitions",
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"number": "2",
"title": "Section 2. (1) In this Act, unless the context otherwise requires,--",
"chapter": null,
"content": "(a) \"Act\" means the Assam Police Act, 2007; \n \n(b) the words \"Magistrate or the District\" shall mean the \nChief Officer charged with the executive administration \nof Magistrate and exercising the powers of the Magistrate, \nby whatever designation the chief officer charged with \nsuch executive administration is styled ; the word \n\"Magistrate\" shall include all persons within the general \nPolice District, exercising all or any of the powers of a \nMagistrate; \n \n(c) \"cattle\" include cows, buffaloes, elephants, camels, \nhorses, asses, mules, sheep, goats and swine; \n \n(d) \"insurgency\" includes waging of a rmed struggle by a \ngroup or a section of population against the state with a \npolitical objective including the separation of a part from \nthe territory of India; \n \n(e) \"organized crime\" includes any crime committed by a \ngroup or network of persons in pursuance o f its common \nintention of unlawful gain by using violent means or \nthreat of violence; \n \n(f) \"internal security\" means preservation of sovereignty and \nintegrity of the State from disruptive and anti -national \nforces from within the State; \n \n(g) \"militant\" activities shall include any violent activity of a \ngroup using explosives, inflammable substances, firearms \nor other lethal weapons or any hazardous substance in \norder to achieve its political objectives; \n \n(h) \"property\" shall include any movable property, money or \nvaluable security; \n \n(i) \"person\" shall include a company or corporation; \n \n(j) \"State Government\" means the Government of Assam; \n \n(k) \"Police District\" means the territorial area notified under \nsection 9 of Chapter II of this Act; \n \n(l) \"Police Officer\" means any member of Assam Police \nForce constituted under this Act; \n \n(m) \"prescribed\" means prescribed by rules made under this \nAct; \n(n) \"public place\" means any place to which the public have \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n3 \n \naccess and includes,- \n \n(i) a public building and monument and precincts \nthereof; and \n \n(ii) any place access ible to the public for drawing water, \nwashing or bathing or for purposes of recreation; \n \n(o) \"regulations\" mean regulations made under this Act; \n \n(p) \"rules\" mean rules made under this Act; \n \n(q) \"service companies\" mean units of State Armed Police \nBranches and District Armed Reserve which are deployed \nfor law and order and other duties in support of civil \npolice; \n \n(r) \"service\" means the Police Service constituted under this \nAct; \n \n(s) \"subordinate rank\" means all ranks below the rank of \nInspector of Police; \n \n(t) \"terrorist activity\" shall include any activity or a person or \na group using explosives or inflammable substances or \nfirearms or other lethal weapons or noxious gases or other \nchemicals or any other substance of a hazardous nature \nwith the aim to strike terror in the society or any section \nthereof, and with an intent to overawe the Government \nestablished by law: \nProvided that any publication, document or \ncommunication to promote terrorist activities shall be \ndeemed as terrorist activity. \n(2) Words and expressions use d in this Act but not defined \nspecifically shall have the same meaning as provided in the \nGeneral Clauses Act, 1897, Code of Criminal Procedure, 1973, \nand the Indian Penal Code, 1860 and Assam General Clauses \nAct, 1915. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nCentral Act No. \n10 of 1897. \nCentral Act No. \n2 of 1974; \nCentral Act No. \n45 of 1860; \nAssam Act 2 \nof 1915 \n \n Chapter II \nConstitution and organization of the Police Force \n \n\n4 \n \n \nOne Police \nForce for the \nState",
"footnote": "",
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"number": "3",
"title": "Section 3. (1) There shall be one Police Force for the State, Members of the",
"chapter": null,
"content": "Police Force shall be liable for posting to any branch of the \nForce in the State, including any of its specialized wings. \n \n(2) The entire police establishment under the State Government \nshall, for the purpose of this Act, be deemed to be one Police \nForce and shall be formally enrolled and shall consist of such \nmembers of officers and men, and shall be constituted in \nsuch manner, as shall from time to time be ordered by the \nState Government. \n \n \n \n \n \nConstitution \nand composition \nof the Police \nForce",
"footnote": "",
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{
"number": "4",
"title": "Section 4. Subject to the provisions of this Act ,--",
"chapter": null,
"content": "(1) the Police Force shall consist of such numbers in various \nranks and have such organization as the State Government \nmay by general or special orders determine; \n \n(2) the direct recruitments to non -gazetted ranks in the Police \nForce shall be made through a state-level Police Recruitment \nBoard by a transparent process, adopting well -codified and \nscientific systems and procedures which shall be notified \nthrough appropriate ru les to be framed by the State \nGovernment; \n \n(3) the recruitment to the Indian Police Service and to the rank \nof Deputy Superintendent of Police shall be made through \nthe Union Public Service Commission and the State Public \nService Commission respectively; \n \n(4) the composition of the Police Force shall, as far as possible, \nreflect adequate representation of all sections of society, \nincluding gender representation; \n \n(5) the pay, allowances, service and working conditions of \npolice personnel shall be as prescribed by rules, from time to \ntime. These shall always be commensurate with the arduous \nand hazardous nature of their duties; \n \n(6) police personnel shall at all times remain accountable to the \nlaw and responsible for protection of rights of the people and \nshall observe codes of ethical conduct and integrity, as may \nbe prescribed. \n \n \n \n \nAppointment of \nDirector \nGeneral, \nAdditional \nDirectors",
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{
"number": "5",
"title": "Section 5. (1) For the overall direction and supervision of the Police Force,",
"chapter": null,
"content": "the State Government shall appoint a Director General of \nPolice of the State who shall exercise such powers, perform \nsuch functions and duties, and have such responsibilities and \nsuch authority, as may be prescribed: \n \n \n \n \n \n\n5 \n \nGeneral, \nInspector \nGeneral, Deputy \nand Assistant \nInspectors \nGeneral \n \n \nProvided that the State Government may also appoint one \nor more Director General of Police as in -charge of various \nPolice Organisations under the overall superintendence and \ncontrol of the Director General of Police of the State. \n \n \n(2) The post of the Director General of Police of the State shall \nbe the senior -most position in the hierarchy of the Police \nForce of the State. \n \n(3) The State Government may, appoint one or more Additional \nDirector General, and as many Inspectors General, Deputy \nand Assistant Inspectors General as necessary. \n \n(4) The State Government may, by a general or special order and \nin consultation with the Director General of Police, direct in \nwhat manner and to what extent an Additional Director \nGeneral or an Inspector General or a Deputy or Assistan t \nInspector General shall assist and aid the Director General of \nPolice in the performance, exercise and discharge of his \nfunctions, Powers, duties, and responsibilities. \n \n \n \n \n \n \n \nSelections and \nterm of office of \nthe Director \nGeneral of \nPolice",
"footnote": "",
"is_definition": false,
"sort_order": 4
},
{
"number": "6",
"title": "Section 6. (1) The State Government shall appoint the Director General of",
"chapter": null,
"content": "Police from amongst the five eligible senior most officers of \nthe State, empanelled for the rank. \n \n(2) The empanelment for the rank of Director General of Police \nshall be done by the State Security Commis sion considering \ninter alia following criteria:- \n \n(a) length of service and fitness of health, standard as \nprescribed by the State Government; \n \n(b) assessment of the performance appraisal reports of \nthe previous fifteen years of service by assigning \nweightages to different grading namely, \n‘outstanding’ ‘Very Good’, ‘Good’ and \n‘Satisfactory’. \n \n(c) range of relevant experience including experience \nof work in central police organizations, and training \ncourses undergone; \n \n(d) indictment in any criminal or disciplinary \nproceedings or on the counts of corruption or moral \nturpitude or charges having been framed by a court \nof law in such cases; \n \n(e) due weightage to award of medals for gallantry, \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n6 \n \ndistinguished and meritorious service. \n \n(3) The Director General of Police so appointe d shall have a \nminimum tenure of one year subject to his normal date of \nsuperannuation: \n \nProvided that the Director Genera! of Police may be \ntransferred from the post before the expiry of his tenure by \nthe State Government consequent upon:- \n \n(a) conviction by a court of law in criminal offence or \nwhere charges have been framed by a court in a \ncase involving corruption or moral turpitude; or \n \n(b) punishment of dismissal, removal, or compulsory \nretirement from service or of reduction to a lower \npost or imposition of any other penalty other than \ncensure awarded under the provisions of relevant \nActs and Rules; or \n \n(c) suspension from service in accordance with the \nprovisions of the rules; or \n \n(d) incapacitation by physical or mental illness or \notherwise becoming unable to disch arge his \nfunctions as the Director General of Police; or \n \n(e) promotion to a higher post under either the State or \nthe Central Government, subject to the officers \nconsent to such a posting. \n \n(f) inefficiency or negligence or misdemeanour prima \nfacie establish after preliminary enquiry : \n \nProvided that in public interest the Stale Government may \ntransfer the Director General of Police as may be deemed \nappropriate to meet any contingency. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nAdministration \nof Police in \nMetropolitan \nAreas, Major \nUrban Areas",
"footnote": "",
"is_definition": false,
"sort_order": 5
},
{
"number": "7",
"title": "Section 7. The State Government may, by notification in the Official",
"chapter": null,
"content": "Gazette establish for each urban areas with a population of 10 \nlakhs or more as may he notified for t he purpose from time to \ntime, a police system which is capable of handling the typical \ncomplex problems or crime, public order and internal security in \n \n \n \n \n \n \n \n\n7 \n \nand other \nnotified Areas \n \nurban areas, which call for quick and comprehensive response \nspringing from purposeful direction unitary chain of command , \nprofessional competence, functional specialization and legal \nauthority coupled with accountability as follows :- \n \n(i) The State Government may appoint a police officer not \nbelow the rank of Inspector General of Police to be the \nCommissioner for any area specified in a notification \nissued by the State Government in this behalf and \npublished in the Official Gazette; \n \n(ii) The commissioner shall exercise such powers, perform \nsuch functions and duties and shall have such \nresponsibilities and authorit y as are provided by this Act, \nor as may otherwise be directed by the State Government \nby general or special order: \n \nProvided that in any area for which a Commissioner is \nappointed and is empowered to exercise to any power or \nperform any function or duty under this Act or any other Act, the \nDistrict Magistrate shall not exercise the same power or perform \nthe same function or duty not withstanding the fact that such \narea forms part of a District within the territorial jurisdiction of \nthe District Magistrate. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nCreation of \nPolice Zones \nand Range",
"footnote": "",
"is_definition": false,
"sort_order": 6
},
{
"number": "8",
"title": "Section 8. (1) The State Government in consultation with the Director",
"chapter": null,
"content": "General of Police, may by notification divide the entire \ngeographical area of the State into one or more Police \nZones each Zone comprising two or more Police Ranges, \nshall he headed by an Officer of the rank of Inspector \nGeneral who shall supervise the police administration of \nthe Zone and report directly to the Director General of \nPolice. \n \n(2) The State Go vernment, in consultation with the Director \nGeneral of Police of the State, may by notification create \nas many Police Ranges as deemed necessary. Each Range, \nconsisting of two or more Police Districts, shall be headed \nby an officer of the rank of Deputy In spector General who \nshall supervise the police administration of the Range and \nreport directly to the Inspector General in charge of the \nZone in the jurisdiction of which the Range falls. \n \n \nPolice Districts",
"footnote": "",
"is_definition": false,
"sort_order": 7
},
{
"number": "9",
"title": "Section 9. The State Government may in consultation with the Director",
"chapter": null,
"content": "General of Police of the State, may by notification declare any \narea within the State to be a Police District. The administration \nof the Police throughout such district shall vest in the \n \n\n8 \n \nSuperintendent of Police who may be assisted by as many \nAdditional, Assistant or Deputy Superintendents, as deemed \nnecessary and are notified. \n \nDistrict level \nSpecial Cells, \nSub Divisions \nand Circles",
"footnote": "",
"is_definition": false,
"sort_order": 8
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{
"number": "10",
"title": "Section 10. (1) For the purpose of dealing with a particular category of",
"chapter": null,
"content": "crime or providing better service to the community at large \nincluding victims of crime, the State Government may, in \nconsultation with the Director General of Police of the \nState and by Notification, create one or more Special Cells \nin each Police District, to be headed by an officer of the \nrank of Assistant / Deputy Superintendent of Police. \n \n(2) The State Government may by notification divide each \nPolice District into as many Sub -Divisions as deemed \nnecessary, to be headed by an officer of the rank of \nAssistant/Deputy Superintendent of Police. \n \n(3) The State Government may by notification divide each \nPolice Sub-Division into two or more Circles, each to be \nheaded by an Officer of the rank of Inspector or Deputy \nSuperintendent of Police. \n \n \n \n \n \n \n \n \n \nPolice Station 11. \n \n(1) The State Government may, in consultation with the \nDirector General of Police of the State and by notification, \ncreate as many Police Stations with as many outposts as \nnecessary, in a Police District as deemed necessary, duly \nkeeping in view the population, the area, the crime \nsituation, the work load in terms of law and order and the \ndistances to be travelled by the inhabitants to reach the \nPolice Station. \n \n(2) Two or more Police Stations may be assigned to a Police \nCircle for the purpose of control and supervision. \n \n(3) A Police Station shall he headed by an Officer in Charge \nnot below the rank of Sub-Inspector of Police: \n \nProvided that larger Police Stations may be placed under \nthe supervision of officers of the rank of Inspector of \nPolice. \n \n(4) There shall be a crime inves tigation unit of appropriate \nstrength in each Police Station. \n \n(5) The Superintendent of Police of a district may constitute a \ncommunity liaison group as may be prescribed for each \npolice station comprising respectable local residents of the \narea including the representatives of the weaker sections \nand women with unimpeachable character antecedents and \naptitude for community service to aid and advise the police \nin its functioning. \n \n \n\n9 \n \n(6) Each Police Station shall prominently display all the \nrelevant information required to be made public, as may be \nrequired. \n \nAppointment \nand terms of key \nfunctionaries.",
"footnote": "",
"is_definition": false,
"sort_order": 9
},
{
"number": "12",
"title": "Section 12. (1) The State Government shall appoint and transfer officers",
"chapter": null,
"content": "of the rank of Assistant/Deputy Superintendent of Police \nand above. \n(2) The Government may when deemed necessary post of a \nSenior Superintendent of Police in a district who will \ndischarge all the functions of a Superintendent of Police in \ncharge of a district: \n \nProvided that the State Government may appoint one or \nmore Superi ntendents of Police in a district under the \ncontrol and supervision of Senior Superintendent of \nPolice. \n \n(3) Following police officers on operational duties in the field \nshall have a term of minimum one year:- \n \n(i) Superintendent of Police in charge of District; \n(ii) Officer in charge of Police Station: \n \nProvided that any such officer may be transferred from his \npost before the expiry of the minimum tenure of one year \nconsequent upon, - \n \n(a) promotion to a higher post; or \n \n(b) conviction, or charges having been framed, by a \ncourt of law in a criminal offence; or \n \n(c) punishment of dismissal, removal, discharge or \ncompulsory retirement from service or of reduction \nto a lower rank, or imposition of any other penalty \nother than censure awarded under the relevant Acts \nand Rules ;or \n(d) suspension from service in accordance with the \nprovisions of the Rules; or \n \n(e) incapacitation by physical or mental illness or \notherwise becoming unable to discharge his \nfunctions and duties; or \n \n(f) the need to fill up a vacancy caused by promotion, \ntransfer, or retirement; or \n \n(g) on deputation with the consent of the officer \nconcerned ; or \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n10 \n \n(h) inefficiency or negligence or misdemeanor prima \nfacie established after preliminary enquiry : \n \nProvided that in the public interest the State Government \nmay transfer the Superintendent of Police of the District as \nmay be deemed appropriate to meet any contingency: \n \nProvided further that in the public interest the Director \nGeneral of Police of the S tate may transfer Officers in \nCharge of Police Station of the rank of Inspector and \nDistrict Superintendent of Police may transfer the Officer \nin Charge of Police Station of the rank of Sub -Inspector of \nPolice within the district as may be deemed appropria te to \nmeet any contingency. \n \nSenior Police \nofficer \nperforming \nduties of a \nsubordinate \nofficer.",
"footnote": "",
"is_definition": false,
"sort_order": 10
},
{
"number": "13",
"title": "Section 13. A senior police officer may perform any duty assigned by law or",
"chapter": null,
"content": "by a lawful order to any officer subordinate to him, and may aid \nsupplement, supersede or prevent any action of the subordinate \nby his own action or that of any person lawfully acting under his \ncommand or authority, whenever the same shall appear \nnecessary or expedient for giving more complete or conven ient \neffect to the \nlaw or for avoiding any infringement thereof. \n \n \nRelationship of \nsuperintendent \nof Police with \nDistrict \nMagistrates.",
"footnote": "",
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"sort_order": 11
},
{
"number": "14",
"title": "Section 14. (1) The administration of the Police throughout the local",
"chapter": null,
"content": "jurisdiction of the Magistrate is vested in the \nSuperintendent of Police under the general control and \ndirection of the Deputy Commissioner as District \nMagistrate. The latter is responsible for keeping peace and \nmaintenance of law and order in a district and may employ \nthe police as he thinks best for the purpose. \n \n(2) The Deputy Commissioner as District Magistrate has \nhowever, no authority to interfere in the internal \norganization and discipline of the Police force, but it is his \nduty to bring to the notice of the Superintendent of Police, \nall cases in which the conduct of and qualifications of \nPolice Officer affect the general administration of a \ndistrict. \n \n\n11 \n \nCoordination \nwith the District \nAdministration",
"footnote": "",
"is_definition": false,
"sort_order": 12
},
{
"number": "15",
"title": "Section 15. (1) For the purpose of efficiency in the general administration",
"chapter": null,
"content": "of the district, it shall be lawful for the District Magistrate, \nin addition to the provisions of the Code of Criminal \nProcedure, 1973 and other relevant Acts, to coordinate and \ndirect the functioning of the police, with other agencies of \ndistrict administration in respect of matters relating to the \nfollowing:- \n(a) the promotion of land reforms and the settlement of \nland disputes; \n \n(b) extensive disturbance of the public peace and \ntranquility in the district; \n \n(c) the conduct of elections to any public body; \n \n(d) the handling of natural calamities and rehabilitation \nof the persons affected thereby; \n \n(e) situations arising out of any external aggression or \ninternal disturbances; \n \n(f) any similar matter, not within the purview of any \none department and affecting the general welfare of \nthe public of the district; and \n \n(g) removal of any persistent public grievance. \n \n(2) For the purpose of such coordination, the District \nMagistrate may call for information of a general or special \nnature, as and when required, from the Superintendent of \nPolice and heads of other departments of the district. \nWhere the situation so demands, the District. Magistrate \nshall pass appropriate orders and issue directions in \nwriting, to achieve the objective of coordination. \nCentral Act 2 \nof 1974 \n \n \n \n \n \n \n \n \nRailway Police 16. (1) The State Government may, by notification in the Official \nGazette, create one or more special police districts \nembracing such railway areas in the State as it may \nspecify, and appoint a Superintendent of Police, one or \nmore Assistant and Deputy Superintendent and such other \npolice officers for each such special district as it may deem \nfit. The State Government may also appoint for the whole \nState an officer not below the rank of Deputy Inspector \nGeneral of Police to supervise the functions of the Railway \nPolice. \n(2) Subject to the control of the Direct or General of Police, \nsuch police officers shall discharge police functions \nconnected with the administration of railways situated \nwithin their respective charges, and such other functions as \nthe State Government may from time to time assign to \n \n\n12 \n \nthem. \n(3) Any p olice officer whom the State Government may by \ngeneral or special order empower to act under this sub -\nsection, may, subject to any orders which the government \nmay make in this behalf, exercise within the special district \nor any part thereof any of the powe rs of an Officer -in-\nCharge of a Police Station in that district. While exercising \nsuch powers he shall, subject to any such order as \naforesaid, be deemed to be an Officer -in-Charge of the \nPolice Station discharging the functions of such officer \nwithin the limits of his Station. \n \n(4) Subject to any general or special orders which the State \nGovernment may make in this behalf, such police officers \nshall, in the discharge of their functions, be vested within \nevery part of the State, with the powers and privileges a nd \nbe subject to the liabilities of police officers under this Act \nor any other law for the time being in force. \nState \nintelligence and \nCriminal \nInvestigation \nDepartment",
"footnote": "",
"is_definition": false,
"sort_order": 13
},
{
"number": "17",
"title": "Section 17. (1) The State Police Organization shall have a State",
"chapter": null,
"content": "Intelligence Department for collection, collation, analysis \nand dissemination of intelligence, and a Criminal \nInvestigation Department for investigating inter -state, \ninter-district crimes and other specified offences, in \naccordance with the provisions of this Act. \n \n(2) The State Governme nt shall appoint a police officer of or \nabove the rank of Inspector General of Police to head each \nof the aforesaid departments. \n \n(3) The Criminal Investigation Department shall have \nspecialized wings to deal with different types of crime \nrequiring focused att ention or special expertise for \ninvestigation. Each of these wings shall be headed by an \nofficer not below the rank of a Superintendent of Police. \n \n(4) The State Intelligence Department shall have specialized \nwings, to deal with and coordinate specialized task s such \nas measures for counter terrorism, counter militancy and \nVIP Security. \n \n(5) The State Government shall appoint as may be prescribed \nin the rules an appropriate number of officers from \ndifferent ranks to serve in the Criminal Investigation \nDepartment, an d the State Intelligence Department, as \ndeemed appropriate with due regard to the volume and \nvariety of tasks to be handled. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nTechnical and \nSupport Service",
"footnote": "",
"is_definition": false,
"sort_order": 14
},
{
"number": "18",
"title": "Section 18. (1) The State Government shall create and maintain such",
"chapter": null,
"content": "ancillary technical agencies and services, under the overall \n \n\n13 \n \ncontrol of the Director General of Police, as considered \nnecessary or expedient for promoting efficiency of the \nPolice Service. \n \n(2) The State Government shall take measures in encourage \nand promote the use of science and technology in all \naspects of policing. \nAppointment of \nDirectors of \nState Police \nAcademics and \nPrincipals of \nPolice Training \nColleges and \nSchools.",
"footnote": "",
"is_definition": false,
"sort_order": 15
},
{
"number": "19",
"title": "Section 19. (1) The State Government may establish a full -fledged Police",
"chapter": null,
"content": "Training Academy at the State level and as many fully -\nequipped Police Training College, and Schools as deemed \nnecessary for ensuring efficient post - induction training of \nall directly - recruited police personnel in various ranks, \npre-promotion training for all those promoted to higher \nlevels and such thematic and specialized in-service training \ncourses for police personnel of different ranks and \ncategories as deemed necessary from time to time. \n \n(2) The State Government shall also provide for appointment, \nby rules, of appropriate number of officers from the police \nservice or paramilitary forces or armed forces or other \nprofessional organizations, in such Police Training \nAcademy, College and School, after careful selection \nhaving due regard to aptitude, academic qualifications, \nprofessional c ompetence, experience and integrity. The \nState Government shall evolve a scheme of monetary and \nother incentives to attract and retain the best of the \navailable talent in the service to faculties of such training \ninstitutions. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nOrganisation of \nResearch",
"footnote": "",
"is_definition": false,
"sort_order": 16
},
{
"number": "20",
"title": "Section 20. The State Government may set up such bodies and take up such",
"chapter": null,
"content": "other steps as considered necessary or expedient for the purpose \nof undertaking research into matters relating to the efficiency of \nthe Police Service. \n \n \n \nOath and \nAffirmation by \nPolice \nPersonnels",
"footnote": "",
"is_definition": false,
"sort_order": 17
},
{
"number": "21",
"title": "Section 21. Every member of the Police Service enrolled under this Act",
"chapter": null,
"content": "shall, on appointment and completion of training, make and \nsubscribe before the Superintendent of Police or Commissioner, \nas the case may be or another officer appointed in this behalf by \nhim as the case may be, an oath or affirmation , as prescribed. \n \nCertificate of \nappointment",
"footnote": "",
"is_definition": false,
"sort_order": 18
},
{
"number": "22",
"title": "Section 22. (1) Every police officer of or below the rank of Inspector shall",
"chapter": null,
"content": "on appointment receive an insignia and a certificate in the \nform as prescribed. The certificate shall he issued under \nthe hand and Director General of Police or such officer as \nmay be authorized by the Director General of Police. \n \n \n(2) The certificate of appointment shall become null and void, \nand the insignia shall be deemed to be withdr awn \nwhenever the person named therein Ceases to belong to the \n \n\n14 \n \nPolice Force or shall remain imperative during the period \nsuch person is suspended from the service. \n \n(3) Such certification shall cease to have effect whenever the \nperson named in it ceases for any reason to be a police -\nofficer, and on his ceasing to be such an officer, shall be \nforthwith surrendered by him to any officer empowered to \nreceive the same. \n \nA po lice officer shall not by reason of being suspended \nfrom office, cease to be a police-officer. During the term of \nsuch suspension, the powers, functions and privileges \nvested in him as a police -officer shall be in abeyance, but \nhe shall continue subject to the same responsibilities, \ndiscipline and penalties and to the same authorities, as if he \nhad not been suspended. \nSpecial Police \nOfficer.",
"footnote": "",
"is_definition": false,
"sort_order": 19
},
{
"number": "23",
"title": "Section 23. (1) When it shall appear that any unlawful assembly, or riot or",
"chapter": null,
"content": "disturbance of the peace has taken place, or maybe \nreasonably apprehended, and that police force ordinarily \nemployed for preserving the peace is not sufficient for its \npreservation and protection of the inhabitants and the \nsecurity of the property in the place where such unlawful \nassembly or riot or distur bance of the peace has occurred \nor is apprehended, the Superintendent of Police or any \nofficer specially empowered in this behalf by the State \nGovernment may, at any time by a written order issued \nunder the hand and seal of such officer appoint for a period \nas specified in the appointment order any able bodied and \nwilling person between the age of 18 and 50 years, whom \nbe considers fit to be Special Police Officer to assist the \nPolice force, with prior approval of the State Government. \n \n(2) Every Special Police Officer so appointed shall have the \nsame powers, privileges and immunities and be liable to \nthe same duties and responsibilities and be subject to the \nsame authorities as an ordinary police officer. \n \n(3) Every Special Police Office so appointed shall he honorary \nin nature. However, the State Government, may by special \norder prescribe the honorarium to be paid to such Special \nPolice officers in the manner prescribed. \n \n \n \n \n \n \n \n \n \n \n \n \n \nPolice Officers \nnot to resign \nwithout leave or \ntwo months \nnotice",
"footnote": "",
"is_definition": false,
"sort_order": 20
},
{
"number": "24",
"title": "Section 24. No police-officer shall he at liberty to withdraw himself from the",
"chapter": null,
"content": "duties of his office unless expressly allowed to do so by the \nDistrict Superintendent or by some other officer authorized to \ngrant such permission, or without the leave of the District \nSuperintendent, to resign his office, unless he shall have given to \nhis superior officer notice in writing, for a period of not \"less \nthan two months, of his intention to resign\". \n \n\n15 \n \nPolice Officer \nnot to engage in \nother \nemployment",
"footnote": "",
"is_definition": false,
"sort_order": 21
},
{
"number": "25",
"title": "Section 25. No police officer shall engage in an employment or office",
"chapter": null,
"content": "whatever other then his duties under this Act, unless expressly \npermitted to do so in writing by the Director General of Police. \n \n \nAdditional \nPolice officer \nemployed at cost \nof individuals",
"footnote": "",
"is_definition": false,
"sort_order": 22
},
{
"number": "26",
"title": "Section 26. It shall be lawful for the Director General of Police or any",
"chapter": null,
"content": "Additional Director General of Police or Inspector General of \nPolice or Deputy Inspector General of Police, or for the District \nSuperintendent of Police, subject to the general direction of the \nMagistrate of the district, on the applications of any person \nshowing the necessity thereof, to depute any additional number \nof police -officers lo keep the peace at any place within the \ngeneral police -district and for such time as shall be deemed \nproper. \n \n \nRanks \nstructures in \nCivil Police",
"footnote": "",
"is_definition": false,
"sort_order": 23
},
{
"number": "27",
"title": "Section 27. The service shall have such ranks and post as may be prescribed",
"chapter": null,
"content": "or as may be notified by the State Government. The recruitment, \ntraining, posting, deputation, promotion, code of conduct, \ndiscipline, punishment and appeal and to other service conditions \nof various ranks of service shall be as per rules. \n \nDistrict Armed \nReserved and \nState Armed \nPolice \nBattalions.",
"footnote": "",
"is_definition": false,
"sort_order": 24
},
{
"number": "28",
"title": "Section 28. To assist the civil police promptly and efficiently in dealing with",
"chapter": null,
"content": "group protests and violent disturbances involving breaches of \npeace or law and order, and in disaster management functions, as \nwell as to discharge such duties as require the presence of armed \npolice, the State Government shall create Armed Police units \nwith appropriate manpower strengths in the form of an Armed \nPolice Reserve for each Police District, and appropriate number \nof Armed Police Battalions for the State, including provision of \nwomen units. \n \n \n \n \n \n \n \nRole and \nfunctions of \nState Armed \nPolice Battalions",
"footnote": "",
"is_definition": false,
"sort_order": 25
},
{
"number": "29",
"title": "Section 29. The Armed Police Battalion will be state -level rese rve, to be",
"chapter": null,
"content": "deployed under specific orders of the Director General of Police, \nto aid and assist the civil police in dealing with virulent and \nwidespread problems of public disorder or other forms of \nviolence, needing deployment of armed police beyond the \nresources of the District Police. \n \n \nDistrict Armed \nReserve",
"footnote": "",
"is_definition": false,
"sort_order": 26
},
{
"number": "30",
"title": "Section 30. The District Armed Reserve, which will function under the",
"chapter": null,
"content": "control, direction and supervision of the District Superintendent \nof Police shall be the armed wing of the District Police to deal \nwith an emergent law and order problem or any violent situation \nin the district, and for providing security guards or escort of \nviolent prisoners, or such other duties as may be prescribed. \n \nOrganisational \nstructure of the \nArmed Police \nBattalions set up.",
"footnote": "",
"is_definition": false,
"sort_order": 27
},
{
"number": "31",
"title": "Section 31. A Commandant, equivalent in rank to Superintendent of Police,",
"chapter": null,
"content": "shall head each Armed Police Battalion. The Commandant shall \nbe assisted by a Deputy Commandant, equivalent in rank to \nAdditional Superintendent of Police, who will also be the \nSecond-in-Command of the Battalion. Each Battalion shall be \ndivided into appropriate number of Service Companies and a \n \n\n16 \n \nHeadquarters Company, each of which will be headed by an \nAssistant Commandant, equivalent in rank to Deputy \nSuperintendent of Police. \nAdministration, \nTraining etc. of \nArmed Police \nBranches",
"footnote": "",
"is_definition": false,
"sort_order": 28
},
{
"number": "32",
"title": "Section 32. The Armed Police Branches setup of the State shall be headed by",
"chapter": null,
"content": "an officer of or above the rank of Inspector General of Police, \nwho shall be responsible for the administration, training, \noperational preparedness and welfare of personnel of all the \narmed police units in the State, under the overall guidance and \nsupervision of the Director General of Police. \n \n Chapter III \nSuperintendence and Administration of Police \n \nSuperintendence \nof State Police to \nvest in the State \nGovernment.",
"footnote": "",
"is_definition": false,
"sort_order": 29
},
{
"number": "33",
"title": "Section 33. The superintendence of State Police shall Vest in and be",
"chapter": null,
"content": "exercised by the State Government in accordance with the \nprovisions of this Act, and any other law for the time being in \nforce. \n \nState Security \nCommission",
"footnote": "",
"is_definition": false,
"sort_order": 30
},
{
"number": "34",
"title": "Section 34. The State Government shall, within six months of the coming",
"chapter": null,
"content": "into force of this Act, establish a State Security Commission to \nexercise the functions assigned to it under the provisions of this \nChapter. \n \nComposition of \nthe State \nSecurity \nCommission",
"footnote": "",
"is_definition": false,
"sort_order": 31
},
{
"number": "35",
"title": "Section 35. (1) The State Security Commission shall have as its members:",
"chapter": null,
"content": "(a) the Chief Minister as the Chairperson, \n \n(b) a retired High Court Judge; \n \n(c) the Chief Secretary; \n \n(d) the Secretary in charge of the Home Department as \nits Member Secretary; \n \n(e) the Director General of Police of the State; and \n \n(f) three non-political persons (hereinafter referred to as \n\"Independent Members\") of high integrity, expertise \nand competence in administration, law enforcement \nand security related matters nominated by the State \nGovernment. Out of these one shall be police officer \nsuperannuated in the rank not below Director \nGeneral of Police, another a retired civil service \nofficer not below the rank of Commissioner and \nSecretary to the State Government with experience \nin public administratio n. and the third member will \nbe from the fields of public service, legal profession \nor social organization with at least fifteen years \nexperience in the field . \n \n\n17 \n \n \n(2) No serving Government employee shall be appointed as an \nIndependent Member. \n \n(3) Any vacancy in th e State Security Commission shall be \nfilled up as soon as practicable, but not later than three \nmonths after the seat has fallen vacant: \n \nProvided that when the Chief Minister is not the Minister \nin charge of Home Department then the Minister in charge \nof Home shall be the vice chairperson of the Commission: \n \nQuorum 36. \n \nHalf of the members present shall constitute the quorum for the \nmeeting. \n \nGrounds of \nineligibility for \nIndependent \nMembers",
"footnote": "",
"is_definition": false,
"sort_order": 32
},
{
"number": "37",
"title": "Section 37. No person shall be appointed as an Independent Member of the",
"chapter": null,
"content": "State Security Commission if he ; \n(a) is not a citizen of India; or \n(b) has been convicted by a court of law or against whom \ncharges have been framed in a court of law; or \n(c) has been dismissed or removed from service or \ncompulsorily retired on the g rounds of corruption or \nmisconduct; or \n(d) holds an elected office, including that of Members of \nParliament or State Legislature or a local body, or is an \noffice-bearer of any political party or any organization \nconnected with a political party; or \n(e) is of unsound mind. \n \n \n \n \n \n \n \n \n \nTerm of office of \nthe Retired High \nCourt Judge \nand \nIndependent \nMembers.",
"footnote": "",
"is_definition": false,
"sort_order": 33
},
{
"number": "38",
"title": "Section 38. The Retired High Court Judge and the Independent Members",
"chapter": null,
"content": "shall he appointed for a period of three years. The same persons \nshall not be appointed for more than two consecutive terms. \n \n \n \n \nRemoval of \nIndependent \nMembers.",
"footnote": "",
"is_definition": false,
"sort_order": 34
},
{
"number": "39",
"title": "Section 39. (1) An Independent Member may be removed from the State",
"chapter": null,
"content": "Security Commission by a two-thirds majority of members \nof the Board on any of the following grounds: \n \n(a) proven incompetence; or \n \n(b) proven misbehavior; or \n \n(c) failure to attend three consecutive meetings of the State \nSecurity Commission without sufficient cause; or \n \n\n18 \n \n \n(d) incapacitation by reasons of physical or mental \ninfirmity or otherwise becoming unable to discharge \nhis functions as a Member. \n \n(2) In addition, an Independent Member shall be removed \nfrom the State Security Commission if he incurs any of the \ngrounds of ineligibility specified under section 37 \n \n(3) The State Security Commission shall explicitly state in \nwriting the grounds for such removal. \n \nFunctions of the \nState Security \nCommission",
"footnote": "",
"is_definition": false,
"sort_order": 35
},
{
"number": "40",
"title": "Section 40. The State Security Commission shall perform the following",
"chapter": null,
"content": "functions :- \n(a) frame broad policy guidelines; for promoting \nefficient. effective, responsive and accountable \npolicing, in accordance with the law; \n \n(b) prepare panel of five police officers for the rank of \nDirector General of Police against prescribed criteria \nin accordance with the provisions of Section 6 of \nChapter- II. \n \n(c) identify performance indicators to evaluate the \nfunctioning of the Police Service. These indicators \nshall, inter alia. include: operational efficiency, public \nsatisfaction, victim satisfaction vis -a-vis police \ninvestigation and response. accountability, optimum \nutilization of resources and observance of human \nrights standards. \n \n \n \n \n \n \n \n \n \n \nExpenses of the \nState Security \nCommission",
"footnote": "",
"is_definition": false,
"sort_order": 36
},
{
"number": "41",
"title": "Section 41. The expenses on account of remuneration, allowances and travel",
"chapter": null,
"content": "in connection with official business of the State Security \nCommission, in respect of the Independent Members of the \nCommission shall be borne by the State Government \"in \naccordance with prescribed rules and procedures\". \n \n \n \n \n \n \n \n \n \n \n \nAdministration \nof Police Force",
"footnote": "",
"is_definition": false,
"sort_order": 37
},
{
"number": "42",
"title": "Section 42. (1) The administration of the Police Force throughout the State",
"chapter": null,
"content": "shall be vested in the Director General of Police of the \nState and in such Additional Directors General, Inspectors \nGeneral, Deputy Inspectors General and other officers as \nappointed under this Act. \n \n(2) The administration of Police in a district shall vest in the \nDistrict Superintendent of Police: \n \nProvided that the State Government may intervene in the \nexercise of the powers of administration by the Director \n \n\n19 \n \nGeneral of Police of the State or any other authorized \nofficer, in accordance with the prescribed rules, regulation \nor in exceptional circumstances involving urgent pu blic \ninterest, reasons for which shall be recorded in writing. \nPowers and \nResponsibilities \nof the Director \nGeneral of \nPolice",
"footnote": "",
"is_definition": false,
"sort_order": 38
},
{
"number": "43",
"title": "Section 43. As head of the State Police Force, it shall be the responsibility of",
"chapter": null,
"content": "the Director General of Police of the State to,- \n \n(a) make operational the Government policies and any \naction plans approved by the State Government; and \n \n(b) administer, control and supervise the Police Force to \nensure its efficiency, effectiveness, responsiveness \nand accountability. \n \nPolice \nEstablishment \nBoard",
"footnote": "",
"is_definition": false,
"sort_order": 39
},
{
"number": "44",
"title": "Section 44. The State Government shall constitute a Police Establishment",
"chapter": null,
"content": "Board (hereinafter referred to as the 'Establishment Board') with \nthe Director General of Police of the State as its Chairperson and \ntwo other senior officers not below the rank of Inspector General \nof Police within the police organization of the State as members. \n \n \nFunctions of the \nPolice \nEstablishment \nBoard",
"footnote": "",
"is_definition": false,
"sort_order": 40
},
{
"number": "45",
"title": "Section 45. The Police Establishment Board shall perform the following",
"chapter": null,
"content": "functions: \n \n(a) accept and examine complaints from police officers \nabout being subjected to illegal orders. The \nEstablishment Board shall make appropriate \nrecommendation to the Director General of Police of \nthe State for necessary action: \nProvided that if the matter under report involves any \nauthority of or above the ranks of the members of the \nPolice Establishment Board, it shall forward such \nreport to the State Security Commission for further \naction. \n \n(b) recommend annually a panel of names of suitable \nofficers to the State Government for posting in the \nrank of Assistant/Deputy Superintendent of Police . \n \n(c) recommend to the Director General of Police of the \nState the names of officers upto the rank of Sub -\nInspector for posting to a Police District on initial \nappointment or for transfer from one Police District to \nanother, where such transfer is considered expedient \nfor the Police Force. \n \n(d) recommend posting and transfer of officers in the \nrank of Inspector to the Director General of Police of \nthe State: \nProvided that on the spec ific authorization of the \nDirector General of Police of the State, the Range \nDeputy Inspector General of Police may effect inter \n \n \n \n \n \n \n \n\n20 \n \ndistrict transfer of officers upto the rank of Sub -\nInspector within the range on recommendation of \nconcerned District Superintendent of Police. \nProvided further that in the public interest the \nDirector General of Police of the State may transfer \nany officer up to the rank Inspector as deemed \nappropriate to meet any contingency. \nTransfer and \nposting of non-\ngazette ranks \nwithin a police \nrange or Police \ndistrict",
"footnote": "",
"is_definition": false,
"sort_order": 41
},
{
"number": "46",
"title": "Section 46. Postings and transfers of non -gazetted police officers within a",
"chapter": null,
"content": "Police District shall be decided by the District Superintendent of \nPolice. \n \n \n \nChapter -IV \n \nRole, Function, Duties and Responsibilities of the \nPolice. \n \n \nRole and \nFunctions of the \nPolice",
"footnote": "",
"is_definition": false,
"sort_order": 42
},
{
"number": "47",
"title": "Section 47. The role and functions of the police shall broadly be,-",
"chapter": null,
"content": "(a) to uphold and enforce the law impartially, and to \nprotect life, liberty, property, human rights, and \ndignity of the members of the public; \n \n(b) to promote and preserve public order; \n \n(c) to protect internal security, to prevent and control \nterrorist activities, breach of communal harmony, \nmilitant activities and other situations affecting \nInternal Security. \n \n(d) to protect public properties including roads, railways , \nbridges, vital installations and establishments etc. \nagainst acts of vandalism, violence or any kind of \nattack; \n \n \n(e) to prevent crimes, and reduce the opportunities for the \ncommission of crimes through their own preventive \naction and measures as well as by aiding and \ncooperating with other relevant agencies in \nimplementing due measures for prevention of crimes; \n \n(f) to accurately register all complaints brought to them \nby a complainant or his representative, in person or \nreceived by post, e -mail or other means, and take \nprompt follow -up action thereon, after duly \nacknowledging the receipt of the complaint; \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n21 \n \n(g) to register and investigate all cognizable offences \ncoming to their notice through such complaints or \notherwise, duly supplying a copy of the First \nInformation Report to the complainant, and where \nappropriate, to apprehend the offenders, and extend \nrequisite assistance in the prosecution of offenders; \n \n(h) to create and maintain a feeling of security in the \ncommunity, and as far as possible prevent conflicts \nand promote amity; \n \n(i) to provide ,as first responders, all possible help to \npeople in situations arising out of natural or man -\nmade disasters, and to provide active assistance to \nother agencies in relief and rehabilitation measures; \n \n(j) to aid individuals who are in danger of physical harm \nto their person or property, and to provide necessary \nhelp and afford relief to people in distress situations; \n \n(k) to facilitate orderly movement of people and vehicles, \nand to control and regulate traffic on roads and \nhighways; \n \n(l) to co llect intelligence relating to matters affecting \npublic peace, and all kind of crimes including social \noffences, communalism, extremism, terrorism and \nother matters relating to national security, and \ndisseminate the same to all concerned agencies, \nbesides acting, as appropriate on it themselves \n \n(m) to take charge, as a police officer on duty, of all \nunclaimed property and take action for their safe \ncustody and disposal in accordance with the \nprocedure prescribed. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nSocial \nResponsibilities \nof the Police",
"footnote": "",
"is_definition": false,
"sort_order": 43
},
{
"number": "48",
"title": "Section 48. Every Police officer shall ,-",
"chapter": null,
"content": "(a) behave with the member of the public with due \ncourtesy and decorum, particularly so in dealing with \nsenior citizens, women, and children ; \n \n(b) guide and assist members of the public, particularly \nsenior citizens, women, children, the poor and \nindigent and the physically or mentally challenged \nindividuals, who are found in helpless condition on \nthe streets or other public places or otherwise need \nhelp and protection; \n \n \n \n \n \n \n \n \n \n\n22 \n \n(c) provide all requis ite assistance to victims of crime \nand of road accidents, and in particular ensure that \nthey are given prompt medical aid; \n \n(d) ensure that in all situations, especially during conflict \nbetween communities, classes, castes and political \ngroups, the conduct of the police is always governed \nby the principles of impartiality and human rights \nnorms, with special attention to protection of weaker \nsections including minorities; \n \n(e) prevent harassment of women and children in public \nplaces and public transport, including stalking, \nmaking objectionable gestures, signs, remarks or \nharassment caused in any way; \n \n(f) render all requisite assistance to the members of the \npublic , particularly women, children, and the poor \nand indigent persons. against criminal exploitation by \nany person or organized group; and \n \n(g) arrange for legally permissible sustenance and shelter \nto every person in custody and making known to all \nsuch persons provisions of legal aid schemes \navailable from the Government and also inform the \nauthorities concerned in this regard. \n \nDuties in \nemergency \nsituation",
"footnote": "",
"is_definition": false,
"sort_order": 44
},
{
"number": "49",
"title": "Section 49. (1) The State Government may, by notification in the Official",
"chapter": null,
"content": "Gazette, declare a specified service to be an essential \nservice to the community, for a specified period, which \nmay be further extended from time to time, by a \nnotification, as may be necessary. \n \n(2) Upon a declaration being made under sub -section (1) and \nso long it remains in force, it shall be the duty of every \npolice officer to obey any order given by any officer \nsuperior to him in connecti on with the service specified in \nthe declaration. \n \n \n(3) assist the physically handicapped, senior citizens, women \nand children in public places and public transport and \ncitizens during national calamities and natural disasters; \n \n \nChapter V \n \nPolicing in the Context of Public Order and \nInternal Security Challenges \n \n \nDrawing up of 50. The Director General of Police of the State shall, with the \n\n23 \n \ninternal \nSecurityScheme. \n \n approval of the State Government, draw up an Internal Security \nScheme for the entire State as well as for each of the districts and \nurban areas notified, to deal with problems of Public Order and \nSecurity of State, as specific to the area. \n \n \nReview and \nRevise of the \nScheme.",
"footnote": "",
"is_definition": false,
"sort_order": 45
},
{
"number": "51",
"title": "Section 51. The Internal Security Schemes so formulated shall be reviewed,",
"chapter": null,
"content": "and revised as necessary, at least once annually and more \nfrequently if required. \n \n \n \nMatters to be \ncovered under \nthe Scheme",
"footnote": "",
"is_definition": false,
"sort_order": 46
},
{
"number": "52",
"title": "Section 52. The Internal Security Scheme shall, inter alia, cover the role of",
"chapter": null,
"content": "the police with regard to the security of any establishment or \ninstallation relating to critical infrastructure, if any located in the \narea. \n \n \n \nMeasures to be \ntaken in certain \nsituations",
"footnote": "",
"is_definition": false,
"sort_order": 47
},
{
"number": "53",
"title": "Section 53. (1) Any organization, while taking up any activity or",
"chapter": null,
"content": "programme which is otherwise unobjectionable but may \nhave the potential for disturbing law and order may inform \nthe police, and thereupon, the police shall take such \nmeasures as deemed necessary to deal with the situation. \n \n(2) While preparing the Internal Security Scheme under \nsection 50, the police shall take into consideration the \ncontingencies of specific law and order problems, and \nsecurity requirements that may arise in such situations. \n \n \nRegular \nUpdation of the \nScheme",
"footnote": "",
"is_definition": false,
"sort_order": 48
},
{
"number": "54",
"title": "Section 54. The Internal Security Schemes shall incorporate regularly",
"chapter": null,
"content": "updated and comprehensive Standard Operating Procedures for \nthe action to be taken by the police, independently or in \ncoordination with other concerned agencies in the period \npreceding, during, and in the aftermath of problems of each kind. \n \n \n \n \n Chapter VI \n \nEffective Crime Investigation, Including Use of Science \nAnd Technology in Investigation \n \n \n \nInvestigation by \nspecial crime \ninvestigation \nunit",
"footnote": "",
"is_definition": false,
"sort_order": 49
},
{
"number": "55",
"title": "Section 55. The State Government shall ensure that in all Metropolitan",
"chapter": null,
"content": "Police Stations having a population of l0 (ten) lakhs or more, a \nSpecial Crime Investigation Unit, headed by an officer not below \nthe rank of Inspector of Police, is created with an appropriate \nstrength of officers and staff, for investigating organized, \neconomic, and heinous crimes. The personnel posted to this unit \n \n\n24 \n \nshall not be diverted to any other duty, except under very special \ncircumstances with the written permission of the Director \nGeneral of Police. The State Government may, however, \ngradually extend this scheme to other urban Police Stations. \n \nSelection of \nOfficers for \nSpecial Crime \nInvestigation \nUnit",
"footnote": "",
"is_definition": false,
"sort_order": 50
},
{
"number": "56",
"title": "Section 56. The officers posted in the Special Crime Investigation Unit shall",
"chapter": null,
"content": "be selected on the basis of their aptitude, professional \ncompetence and integrity. Their professional skills shall be \nupgraded, from time to time, through specialized training in \ninvestigative techniques, particularly in the application of \nscientific aids to investigation and forensic science techniques. \n \nOfficers of the \nUnit",
"footnote": "",
"is_definition": false,
"sort_order": 51
},
{
"number": "57",
"title": "Section 57. The officer posted to the Special Crime Investigation Units shall",
"chapter": null,
"content": "investigate crimes entrusted to the Unit by the District \nSuperintendent of Police. \n \nForensic advise 58. \n \nNecessary legal and forensic advice shall be made available to \ninvestigating officers during investigations. \n \nSupervision of \ninvestigation by \nSpecial Crime \nInvestigation \nUnit",
"footnote": "",
"is_definition": false,
"sort_order": 52
},
{
"number": "59",
"title": "Section 59. The investigations of cases taken up by the Special Crime",
"chapter": null,
"content": "Investigation Unit personnel, over and above the supervision of \nthe Officer in Charge concerned, shall be supervised at the \ndistrict level by an officer not below the rank of Additional \nSuperintendent of Police who shall report directly to the District \nSuperintendent of Police: \nProvided that in smaller districts where the volume of work does \nnot justify posting of an Additional Superintendent o f Police, an \nofficer of the rank of Deputy Superintendent of Police shall be \nposted for this purpose. \n \n \n \n \nOne or More \nSpecial \nInvestigation \nCell in each \nDistrict",
"footnote": "",
"is_definition": false,
"sort_order": 53
},
{
"number": "60",
"title": "Section 60. At the headquarters of each Police District, one or more Special",
"chapter": null,
"content": "Investigation Cells shall be created, with the requisite strength of \nofficers and staff, to take up investigation of offences of a more \nserious nature and other complex crimes, including economic \ncrimes. \n \n \n \n \n \nCriminal \nInvestigation \nDepartment",
"footnote": "",
"is_definition": false,
"sort_order": 54
},
{
"number": "61",
"title": "Section 61. The Criminal Investigation Department of the State, shall take",
"chapter": null,
"content": "up investigation of such crimes of inter -state, inter-district or of \notherwise serious nature, as notified by the State Government \nfrom time to time, and as may be specifically entrusted to it by \nthe Director General of Police of the State in accordance with the \nprescribed procedures and norms. \n \n\n25 \n \nSpecialized \nUnits",
"footnote": "",
"is_definition": false,
"sort_order": 55
},
{
"number": "62",
"title": "Section 62. The Criminal Investigation Department shall have specialized",
"chapter": null,
"content": "units for investigation of cyber crime, organized crime, homicide \ncases, economic offences, and any other category of offences, as \nnotified by the State Government and which require specialized \ninvestigative skills. \n \nSelection of \nOfficers.",
"footnote": "",
"is_definition": false,
"sort_order": 56
},
{
"number": "63",
"title": "Section 63. The officers posted to the Criminal Investigation Department",
"chapter": null,
"content": "shall be selec ted on the basis of their aptitude, professional \ncompetence, experience and integrity. They will undergo \nappropriate training upon induction, and their knowledge and \nskills will be upgraded from time to time through appropriate \nrefresher and specialized courses. \n \n Chapter VII \nRegulation, Control and Discipline \n \nFraming of rules \nfor \nadministration \nof Police",
"footnote": "",
"is_definition": false,
"sort_order": 57
},
{
"number": "64",
"title": "Section 64. Subject to the approval of the State Government, the Director",
"chapter": null,
"content": "General of Police of the State shall make, regulations or issue \norders, not inconsistent with this Act or with any other \nenactment for the time being in force for , - \n(a) prevention and investigation of crime; \n \n(b) maintenance of law and order; \n \n(c) regulation and inspection of the police organization, \nand of the work performed by police officers; \n \n(d) determining the description and quantity of arms, \naccoutrements, clothing and other wherewithal to be \nprovided to the Police Service; \n \n(e) prescribing the places of residence of members of the \nPolice Services; \n \n(f) institution, management and regulation of any non -\nGovernment fund for purposes connected with the \npolice administration or welfare of police personnel; \n \n(g) regulation, deployment, movements and location of \nthe police; \n \n(h) assigning duties of officers of all ranks and grades, \nand prescribing the manner and the conditions subject \nto which, they shall exercise and perform their \nrespective powers and duties; \n \n(i) regulating the collection and communication of \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n26 \n \nintelligence and information by the police; \n \n(j) prescribing the records, registers and forms to be \nmaintained and the returns to be submitted by \ndifferent police units and officers; and \n \n(k) generally, for the purpose of r endering the police \nmore efficient, and preventing abuse of power and \nneglect of duties by them. \nRules for Police \npersonnel",
"footnote": "",
"is_definition": false,
"sort_order": 58
},
{
"number": "65",
"title": "Section 65. Police personnel in the State shall be governed by the existing",
"chapter": null,
"content": "relevant Discipline and Appeal Rules and other Service Conduct \nRules in force, as applicable to the Indian Police Service, State \nPolice Service and others serving in the State Police \nestablishment. \n \nPolice Officers \nalways on duty",
"footnote": "",
"is_definition": false,
"sort_order": 59
},
{
"number": "66",
"title": "Section 66. Every officer not on leave or under suspension shal, for all",
"chapter": null,
"content": "purposes of this Act, be considered to be always on duty and \nmay at any time be deployed in any part of the State. \n \nNo abdication or \nwithdrawal \nwithout \nAuthority",
"footnote": "",
"is_definition": false,
"sort_order": 60
},
{
"number": "67",
"title": "Section 67. No police officer shall abdicate his duties or withdraw himself or",
"chapter": null,
"content": "from his pla ce of posting or deployment, without proper \nauthorization. \nExplanation: An officer who, being absent on authorized leave, \nfails without reasonable cause to report for duty at the expiration \nof such leave, shall be deemed within the meaning of this \nSection to withdraw himself from the duties of his office. \n \n \n \nPolice officer \nbarred from \nother \nemployment",
"footnote": "",
"is_definition": false,
"sort_order": 61
},
{
"number": "68",
"title": "Section 68. No police officer shall engage in any other employment or office",
"chapter": null,
"content": "of profit whatsoever, other than his duties under this Act. \n \n \n Chapter VIII \nPOLICE ACCOUNTABILITY \n \nAccountability \nof Police",
"footnote": "",
"is_definition": false,
"sort_order": 62
},
{
"number": "69",
"title": "Section 69. In addition to the already existing mechanisms, and functions,",
"chapter": null,
"content": "duties and responsibilities of the departmental authorities, \naccountability of the police shall be further ensured through the \nadditional mechanisms detailed in this Chapter. \n \nPolice \nAccountability \nCommission",
"footnote": "",
"is_definition": false,
"sort_order": 63
},
{
"number": "70",
"title": "Section 70. The State Government shall, within three months of the coming",
"chapter": null,
"content": "into effect of this Act, establish a State -level Police \nAccountability Commission (\"the Commission\"), consisting of a \n \n\n27 \n \nChairperson, Members and such other staff as may be necessary, \nto enquire into public complaints supported by sworn statement \nagainst the police personnel for serious misconduct and perform \nsuch other functions as stipulated in this Chapter. \nComposition of \nthe Commission",
"footnote": "",
"is_definition": false,
"sort_order": 64
},
{
"number": "71",
"title": "Section 71. The Commission shall have a Chairperson end three members",
"chapter": null,
"content": "with a credible record of integrity and commitment to human \nrights and shall consist of , \n(a) a retired High Court Judge, who shall be the \nChairperson of the Commission; \n \n(b) a retired police officer superannuated in the rank of \nDirector General of Police or Additional Director \nGeneral of Police; \n \n(c) a person with a minimum of 10 years of experience \neither as a judicial officer. public prosecutor, \npracticing advocate, or a professor of law; or a person \nof repute and standing from the civil society; and \n \n(d) a retired officer with experience in public \nadministration, not below the rank of Commissioner \nand Secretary to the State Government: \n \nProvided that at least one member of the Commiss ion \nshall be a woman and not more than one member \nshall be a retired police officer. \n \n \n \nAppointment of \nChairperson \nand Members",
"footnote": "",
"is_definition": false,
"sort_order": 65
},
{
"number": "72",
"title": "Section 72. The Chairperson and the Members of the Commission shall be",
"chapter": null,
"content": "appointed by the State Government. \n \n \nlneligibility for \nmembership",
"footnote": "",
"is_definition": false,
"sort_order": 66
},
{
"number": "73",
"title": "Section 73. A person shall be ineligible to be a Member of the Commission.",
"chapter": null,
"content": "if he,- \n(a) is not a citizen of India; \n \n(b) is serving in any police, military or allied \norganizations, or has so served in the twelve months \npreceding such appointment; \n \n(c) is employed as a public servant; \n \n(d) holds any elected office, including that of Member of \nParliament or State Legislature or any local body; \n \n \n\n28 \n \n(e) is a member of or is associated in any manner with, \nan organization declared as unlawful under an \nexisting law; \n \n(f) is an office-bearer or a member of any political party; \n \n(g) has been convicted for any criminal offence involving \nmoral turpitude or for an offence punishable with \nimprisonment of one year or more; \n \n(h) is facing prosecution for any offence mentioned in \nClause (g) abov e and against whom charges have \nbeen framed by a Court of Law; or \n \n(i) is of unsound mind and has been so declared by a \ncompetent Court. \n \nTerm of office \nand conditions \nof service of \nmembers and \nChairperson",
"footnote": "",
"is_definition": false,
"sort_order": 67
},
{
"number": "74",
"title": "Section 74. (1) The term of office of a Member, and the Chairperson, shall",
"chapter": null,
"content": "be three years unless,- \n \n(a) he resigns at any time before the expiry of his term, or \n \n(b) he is removed from the office on any of the grounds \nmentioned in section 75. \n(2) Members shall be eligible for reappointment on the expiry \nof term, provided t hat no Member shall be eligible to hold \noffice for more than two terms. \n \n \n \n(3) The remuneration, allowances and other terms and \nconditions of service of the Members shall be as notified \nby the State Government from time to time and shall not be \nvaried to their disadvantage after appointment \n \n \nRemoval of \nMembers",
"footnote": "",
"is_definition": false,
"sort_order": 68
},
{
"number": "75",
"title": "Section 75. (1) Any Member of the Commission may be removed from",
"chapter": null,
"content": "office, on the recommendation of the Commission, by an \norder of the State Government on the grounds of, \n \n(a) proven misconduct or misbehaviour or incompetence; \n \n(b) persistent neglect to perform duties of the \nCommission; \n \n(c) occurrence of any situation that would make a \nMember ineligible for appointment to the \nCommission under section 73; \n \n(d) any Member engaging himself during his term of \noffice in any pa id employment outside the duties of \n \n\n29 \n \nhis office; or \n \n(e) incapacitation by reasons of physical or menta1 \ninfirmity or otherwise becoming unable to discharge \nhis functions as a Member. \nThe staff of the \nCommission",
"footnote": "",
"is_definition": false,
"sort_order": 69
},
{
"number": "76",
"title": "Section 76. (1) Members of the Commission shall be assisted by adequate",
"chapter": null,
"content": "staff with requisite skill, for efficient discharge of their \nfunctions of the Commission; \n \n(2) The strength of the staff may be prescribed by the State \nGovernment, keeping in view the size of the State, its \npopulation, and the average number of co mplaints against \nthe police, and shall be periodically reviewed and revised. \n \n(3) The staff shall be selected by the Commission, inter alia, \non a contractual basis, through a transparent process; and \n \n(4) The remuneration and other terms and condi tions of \nservice of the staff shall be prescribed by the State \nGovernment from time to time. \n \n \nConduct of \nbusiness",
"footnote": "",
"is_definition": false,
"sort_order": 70
},
{
"number": "77",
"title": "Section 77. The Commission shall devise its own rules for the conduct of its",
"chapter": null,
"content": "business. \n \n \nFunctions of the \nCommission",
"footnote": "",
"is_definition": false,
"sort_order": 71
},
{
"number": "78",
"title": "Section 78. (1) The Commission shall enquire into allegations of \"serious",
"chapter": null,
"content": "misconduct\" against police personnel, as detailed below, \neither suo moto or on a complaint received from any of the \nfollowing: \n \n(a) a victim or any person on his behalf; \n \n(b) the National or the State Human Rights Commission; \n \n(c) the police; or \n \n(d) any other source \nExplanation: \"Serious misconduct\" for the purpose of this \nChapter shall mean any act or omission of a police officer that \nleads to or amounts to: \n(a) death in police custody; \n \n(b) grievous hurt, as defined in section 320 of the Indian \nPenal Code, 1860; \n \n(c) molestation, rape or attempt to committing rape; or \n \n(d) arrest or detention without due process of law; \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n30 \n \n(e) forceful deprivation of a person of his rightful \nownership or possession of property; \n \n(f) blackmail or extortion; \n \n(g) Non registration of First Information Report: \n \nProvided that the Commission shall enquire into a \ncomplaint of such arrest or detention, only if it is satisfied \nprima facie about the veracity of the complaint. \n \n(2) The Commission may also enquire into any other case \nreferred to it by the Government or Director General of \nPolice of the State if, in the opinion of the Commission, the \nnature of the case merits an independent enquiry. \n \n(3) The Commission may monitor the status of departmental \ninquiries or departmen tal action on the complaints of \n\"misconduct\" against Gazetted Officer of and above the \nrank of Deputy/ Assistant Superintendent of Police through \na quarterly report obtained periodically from the Director \nGeneral of Police of the State, and issue appropriate advice \nto the police department for expeditious completion of \ninquiry, if in the Commission's opinion the departmental \ninquiry or departmental action is getting unduly delayed in \nany such case; \n \n \nExplanation: \"Misconduct\" in this context shall mean \nany will-full breach or neglect by a police officer of any \nlaw, rule, regulation applicable to the police that adversely \naffects the rights of any member of the public, excluding \n\"serious misconduct\" as defined in sub-section (1). \n \n(4) The Commission may also call for a report from, and issue \nappropriate advice for further action or, if necessary, a \ndirection for a fresh inquiry by another officer, to the \nDirector General of Police of the State when a \ncomplainant, being dissatisfied by the outcome of, or \ninordinate delay in the process of departmental inquiry into \nhis complaint of \"misconduct\" as defined above, by any \npolice officer, brings such matter to the notice of the \nCommission; and \n \n(5) The Commission may lay down general guidelines for the \nstate police to preve nt misconduct on the part of police \npersonnel. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nPowers of the \nCommission",
"footnote": "",
"is_definition": false,
"sort_order": 72
},
{
"number": "79",
"title": "Section 79. In the cases directly enquired by it, the Commission shall have",
"chapter": null,
"content": "all the powers of a Civil Court trying a suit under the Code of \n \n\n31 \n \nCivil Procedure, 1908, and in particular in respect of the \nfollowing matters:- \n(a) summoning and enforcing the attendance of witnesses \nand examining them on oath; \n \n(b) discovery and production of any document; \n \n(c) receiving evidence on affidavit; \n \n(d) requisitioning any public record or copy thereof from \nany office; \n \n(e) issuing authorities for the examination of witnesses or \ndocuments; and \n \n(f) any other matter as may be prescribed. \nStatements \nmade to the \nCommission",
"footnote": "",
"is_definition": false,
"sort_order": 73
},
{
"number": "80",
"title": "Section 80. No statement made by a person in the course of giving evidence",
"chapter": null,
"content": "before the Commission shall subject that person to a civil or \ncriminal proceeding or be used against him in such proceeding, \nexcept a prosecution for giving false evidence: \nProvided that the statement,- \n(a) is made in reply to the question which he is required \nby the Commission to answer; or \n \n(b) is relevant to the subject matter of the inquiry: \n \nProvided further that on conclusion of the inquiry into a \ncomplaint of 'serious misconduct· against the police personnel, if \nthe Commission is satisfied that the complaint was vexatious, \nfrivolous or malafide, the Commission may impose such fine as \nconsidered appropriate on the complainant. \n \n \nPersons likely to \nbe prejudicially \naffected to be \nheard",
"footnote": "",
"is_definition": false,
"sort_order": 74
},
{
"number": "81",
"title": "Section 81. If, at any stage of the inquiry, the Commission considers it",
"chapter": null,
"content": "necessary to inquire into the conduct of any person, or is of the \nopinion that the reputation of any person is likely to be \nprejudicially affected by the inquiry. it shall give that person a \nreasonable opportunity of being heard in the inquiry and to \nproduce evidence in his support: \nProvided that nothing in this section shall apply where the \ncredibility of a witness is being impeached. \n \nDecisions and \nDirections of the \nCommission",
"footnote": "",
"is_definition": false,
"sort_order": 75
},
{
"number": "82",
"title": "Section 82. In the cases directly inquired by the Commission, it may, upon",
"chapter": null,
"content": "completion of the inquiry, communicate its findings to the \nDirector General of Police of the State and the State Government \n \n\n32 \n \nwith a direction to: \n(a) register a First Information Report; and/or \n \n(b) initiate departmental action based on such findings, \nduly forwardi ng the evidence collected by it to the \nPolice. Such directions of the Commission shall be \nbinding: \n \nProvided that the Commission, before finalizing its \nown opinion in all such cases shall give the Director \nGeneral of Police of the State an opportunity to \npresent the Department's view and additional facts, if \nany, not already in the notice of the Commission: \n \nProvided further that, in such cases, the Commission \nmay review its findings upon receipt of additional \ninformation from the Director General of Police of \nthe State that may have a material bearing on the \ncase. \n \nReports of the \nCommission",
"footnote": "",
"is_definition": false,
"sort_order": 76
},
{
"number": "83",
"title": "Section 83. (1) The Commission shall prepare an annual report at the end",
"chapter": null,
"content": "of each calendar year, inter alia, containing,- \n \n(a) the number and type of cases of \"serious misconduct\" \ninquired into by it; \n \n(b) the number and type of cases of \"misconduct\" \nreferred to it by the complainants upon being \ndissatisfied by the departmental inquiry into his \ncomplaint; \n \n(c) the number and type of cases including those referred \nto in (b) above in which advice or direction was \nissued by it to the police for further action; \n \n(d) the number of complaints received by the District \nAccountability Authorities, and the manner in which \nthey were dealt with; \n \n(e) the identifiable patterns of misconduct on the part of \npolice personnel in the State; and \n \n(f) recommendations on measures to enhance police \naccountability. \n \n(2) The annual report of the Commission shall be laid before \nthe State Legislature and shall be a public document, made \neasily accessible to the public. \n \n(3) The Commission may also prepare special reports with \n \n \n \n \n \n \n \n \n \n \n \n\n33 \n \nrespect to specify cases directly inquired into by it. These \nreports shall also be made easily accessible to the public. \n \nDistrict \nAccountability \nAuthority",
"footnote": "",
"is_definition": false,
"sort_order": 77
},
{
"number": "84",
"title": "Section 84. (1) The State Government may establish in each Police",
"chapter": null,
"content": "Districts or a group of districts in a police range, a District \nPolice Accountability Authority to enquire into cases of \ncomplaints of serious misconduct against police \npersonnels, as defined in subsection (l) of section 78. \n \n(2) The District Accountability Authority shall have one \nChairperson and three Members with a credible record of \nintegrity and commitment to human rights and shall be \nselected from amongst retired persons with judicial \nexperience in the ran k of District Judge or person having \nlegal background having experience and qualification to be \nappointed as District Judge, a retired senior police officer, \na retired senior civil servant and an eminent person from \ncivil society. \n \n(3) The chairperson and othe r members of the District \nAccountability Authority will be appointed by the \nGovernment. \n \n(4) Condition of ineligibility, terms of office, terms and \nconditions of service, and condition of removal from office \nfor the Chairperson and members of the District \nAccountability Authority will be same as provided in \nrespect of Police Accountability Commission under \nchapter VIII. \n \nFunctions of \nDistrict \nAccountability \nAuthority",
"footnote": "",
"is_definition": false,
"sort_order": 78
},
{
"number": "85",
"title": "Section 85. (1) The District Accountability Authority may perform the",
"chapter": null,
"content": "following functions as may be notified by the Government: \n \n \n(a) forward the complaints of \"serious misconduct\", \nreceived directly by it, to the Commission for further \naction; \n \n(b) forward for further action, the complaints of \n\"misconduct\" received directly by it, to the District \nSuperintendent of Police: \n \nProvided that if the complaint contains allegations \nagainst any police officer of or above the rank of \nAssistant/Deputy Superintendent of Police, the \nDistrict Accountability Authority shall forward the \nsame to the Director General of Police of the State \nunder intimation to the Commission, for further \naction. \n \n \n\n34 \n \n(c) issue appropriate advice to the District Superintendent \nof Police for expeditious completion of inquiry, if in \nthe Authority's opinion, the inquiry is getting unduly \ndelayed in any such case; \n \n(d) report cases to the Commission where departmental \nenquiry into \"misconduct\" is not concluded in time by \nthe police department in spite of the Authority's \nadvice(s) to the District Superintendent of Police. \n \n(2) The Authority may also, in respe ct of a complaint of \n\"misconduct\" against an officer below the rank of \nAssistant /Deputy Superintendent of Police, call for a \nreport from, and issue appropriate advice for further action \nor, if necessary, a direction for fresh inquiry by another \nofficer, t o the District Superintendent of Police when a \ncomplainant, being dissatisfied by an inordinate delay in \nthe process of departmental inquiry into his complaint of \n\"misconduct\" or outcome of the inquiry if the principles of \nnatural justice have been violate d in the conduct of the \ndisciplinary inquiry, brings such matter to its notice. \nReport of the \nDistrict \nAccountability \nAuthority",
"footnote": "",
"is_definition": false,
"sort_order": 79
},
{
"number": "86",
"title": "Section 86. (1) Each District Accountability Authority shall prepare and",
"chapter": null,
"content": "submit to the Commission an annual report before the end \nof each calendar year, inter alia, containing,- \n \n(a) the numbers and types of cases of \"serious \nmisconduct\" and \"misconduct\" forwarded by it to the \nCommission and the District Superintendents of \nPolice respectively, during the year; \n \n(b) the number and types of cases monitored by it during \nthe year; \n \n(c) number and types of cases of \"misconduct'' referred to \nit by the complainants upon being dissatisfied by the \ndepartmental inquiry into his complaint; \n \n(d) the number and types of cases referred to in (c) above \nin which advice or direction was issued by it to the \npolice for further action; and \n \n(e) recommendation on measures to enhance police \naccountability. \n \n \n \n \n \n \n \n \nRelationship \nbetween the \nCommission and \nthe District \nAccountability \nAuthority",
"footnote": "",
"is_definition": false,
"sort_order": 80
},
{
"number": "87",
"title": "Section 87. (1) The Commission shall control and supervise, and issue",
"chapter": null,
"content": "suitable directions to the District Accountability \nAuthorities for their proper functioning. \n \n(2) The District Accountability Authorities will assist the \nCommission in everyway for the proper discharge of the \n \n\n35 \n \nCommission's functions. \n \n(3) Where the Commission considers that any of the \nconditions laid down in Section 75 read with Section 84( 4 \n}of this Chapter for the removal of a member has been \nfulfilled, it shal1 be competent to request the State \nGovernment to initiate appropriate proceedings against that \nmember of the District Authority. \nRights of the \ncomplainant",
"footnote": "",
"is_definition": false,
"sort_order": 81
},
{
"number": "88",
"title": "Section 88. (1) The complainant may lodge his complaint relating to any",
"chapter": null,
"content": "\"misconduct\" on the part of police personnel with either \nthe departmental police authorities or with the Commission \nor the District Accountability Authority: \n \nProvided that no complaint shall be entertained by the \nCommission or the District Authority if the subject matter \nof the complaint is being examined by any other \nCommission, or any Court. \n \n(2) In cases where a complainant, had lodged a complaint with \nthe police authorities, he may inform the Commission or \nthe District Accountability Authority at any stage of the \ndepartmental inquiry about any undue delay in the \nprocessing of the inquiry. \n \n \n(3) The complainant shall have a right to be informed of the \nprogress of the inquiry from time to time by the inquiring \nauthority (the concerned police authority Commission or \nthe District Accountability Authority. Upon completion of \ninquiry or departmental proceedings, the complainant shall \nbe informed of the conclusions of the same as well as the \nfinal action in the case at the earliest. \n \n(4) The complainant may attend all hearings in an inquiry \nconcerning his case. The complainant shall be informed of \nthe date and place of each hearing. \n \n(5) All hearings shall be conducted in a language intelligible to \nthe complainant. In a case where hearings cannot be \nconducted in such a language, the services of an interpreter \nshall be requisitioned if the complainant so desires. \n \n(6) Where upon the comple tion of the departmental inquiry, \nthe complainant is dissatisfied with the outcome of the \ninquiry on the, grounds that the said inquiry violated the \nprinciples of natural justice, he may approach the \nCommission or the Authority for appropriate directions. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nProtection of \naction taken in",
"footnote": "",
"is_definition": false,
"sort_order": 82
},
{
"number": "89",
"title": "Section 89. No suit or other legal proceedings shall lie against the State",
"chapter": null,
"content": "Government, the State Police Security Commission, its members \n \n\n36 \n \ngood faith and staff, the Police Accountability Commission, its members, · \nstaff or any person acting under the direction of the State \nGovernment or Board or the Commission, or members or staff of \nthe District Accountability Au thorities, in respect of anything \nwhich is in good faith done or intended to be done in pursuance \nof the provisions of this Chapter. \n \n Chapter IX \nGeneral Offences, Penalties, and \nResponsibilities \nOrder in streets and public places \n \n \nRegulation of \npublic \nassemblies and \nprocessions",
"footnote": "",
"is_definition": false,
"sort_order": 83
},
{
"number": "90",
"title": "Section 90. (1) The District Superintendent of Police or an officer not",
"chapter": null,
"content": "below the rank of Assistant/Deputy Superintendent of \nPolice may, where necessary, direct the conduct of all \nassemblies and processions on any public road, stree t or \nthoroughfare, and prescribe the routes by which and the \ntime at which such a procession may pass. \n \n(2) It shall be duty of any person intending to organize a \nprocession on any road, street or thoroughfare, or to \nconvene an assembly at any public place, to give \nintimation in writing to the Officer in Charge of the \nconcerned Police Station. \n \n(3) The District Superintendent or any officer not below the \nrank of Assistant/Deputy Superintendent of Police, on \nreceipt of such intimation or otherwise, and upon being \nsatisfied that such an assembly or procession, if allowed \nwithout due control and regulation, is likely to cause a \nbreach of peace, may prescribe necessary conditions \nincluding making provisions for satisfactory regulatory \narrangements, on which alone such assembly or procession \nmay take place. Under special circumstances to be \nrecorded in writing, the concerned officer may also \nprohibit the assembly or procession in public interest. \n \n \n \n \n \n \n \n \n \n \n \n \n \n \nAssemblies and \nprocessions \nviolating \nprescribed \nconditions",
"footnote": "",
"is_definition": false,
"sort_order": 84
},
{
"number": "91",
"title": "Section 91. (1) The District Superintendent of Police or any Police Officer",
"chapter": null,
"content": "not below the rank of Sub -Inspector, authorized in this \nbehalf by the District Superintendent of Police , may stop \nany assembly or procession which violates the conditions \nset under sub-sections (1), (2) and (3) of Section 90 and \norder such assembly or procession to disperse. \n \n(2) Any assembly or procession which neglects or refuses to \nobey any order given under sub -section (1) above shall be \ndeemed to be an \"unlawful assembly\" under Chap ter VIII \nor the Indian Penal Code 1860 \n \nRegulation of",
"footnote": "",
"is_definition": false,
"sort_order": 85
},
{
"number": "92",
"title": "Section 92. The District Superintendent or any officer not below the rank of",
"chapter": null,
"content": "37 \n \nthe use of music \nand other sound \nsystems in \npublic places \nAssistant/Deputy Superintendent of Police may regulate the time \nand the volume at which music and other sound systems are used \nin connection with any performances and other activities in or \nnear streets or any public place that cause annoyance to the \nresidents of the neighborhood. \n \nDirections to \nkeep order on \npublic roads",
"footnote": "",
"is_definition": false,
"sort_order": 86
},
{
"number": "93",
"title": "Section 93. (1) The District Superintendent of Police or any other Police",
"chapter": null,
"content": "Officer authorized by him in this behalf, through a general \nor special order, may give reasonable directions to the \npublic to keep order on public roads and streets, \nthoroughfares, or any public p lace, in order to prevent \nobstruction, injury, or annoyance to passers by or \npollution. \n \n(2) The District Superintendent of Police may issue general \ndirections under sub -section (1), in respect of the whole \ndistrict or any part thereof, as per procedure laid down in \nSection l04. \n \nPenalty for \ndisobeying \norders or \ndirections",
"footnote": "",
"is_definition": false,
"sort_order": 87
},
{
"number": "94",
"title": "Section 94. Any person not obeying the lawful orders issued under section",
"chapter": null,
"content": "90,91 and 93 may be arrested and on conviction by a Court Law, \nshall be liable to a fine which may be extended upto rupe es two \nthousand. \n \n \nPower to reserve \npublic places \nand erect \nbarriers",
"footnote": "",
"is_definition": false,
"sort_order": 88
},
{
"number": "95",
"title": "Section 95. (1) The District Superintendent of Police may, by public",
"chapter": null,
"content": "notice, temporarily reserve for any public purpose any \nstreet or other place, and prohibit the public from entering \nthe area so reserved, except on such conditions are may be \nspecified. \n \n(2) (a) The District Superintendent of Police may authorize any \npolice officer to erect barriers and other necessary \nstructures on public roads and streets, to check vehicles \nor occupants there of for violation of any legal \nprovisions by them. \n(b) In making such order, the District Superintendent of Police \nshall prescribe the necessary steps for ensuring the \nsafety of passers-by. \n(c) These temporary structures shall be remove once the \npurpose for which they were installed is over. \n \n \n \n \nSaving and \ncontrol of the \nMagistrate of \nthe District",
"footnote": "",
"is_definition": false,
"sort_order": 89
},
{
"number": "96",
"title": "Section 96. Nothing in the preceding sections namely section 90,91,92,93",
"chapter": null,
"content": "and 95 shall deem to interfere with the general control of the \nMagistrate of the District over the matters referred to therein. \n \n \n \nRefusal to \ndeliver up",
"footnote": "",
"is_definition": false,
"sort_order": 90
},
{
"number": "97",
"title": "Section 97. Whoever, having ceased to be a police officer, does not forthwith",
"chapter": null,
"content": "deliver up his/her certificate of appointment, clothing. \n \n\n38 \n \ncertificate etc. \non ceasing to be \npolice officer \naccoutrements and oth er wherewithal supplied to him for the \nexecution of his duty, shall on conviction by a competent Court \nof Law, be liable to a fine which may extend to two thousand \nrupees \n \nDereliction of \nduty by a police \nofficer",
"footnote": "",
"is_definition": false,
"sort_order": 91
},
{
"number": "98",
"title": "Section 98. Whoever, being police officer ;",
"chapter": null,
"content": "(a) willfully breaches or neglees to follow any legal \nprovision, procedure, rules, regulations applicable to \nmembers of the Police Service ; or \n \n(b) without lawful reason, fails to register a First \nInformation Report as required by Section 154 or the \nCode of Criminal Procedure. 1973; or \n \n(c) is found in a State of intoxication while on duty; or \n \n(d) malingers or feigns illness or injury or voluntarily \ncauses hurt to himself with a view to evading duty; or \n \n(e) uses criminal force against another police officer, or \nindulges in gross insubordination; shall, on \nconviction, be punished with imprisonment for a term \nwhich may extend to three months or with a fine \nwhich may extend upto two thousand rupees or with \nboth \n \nArrest, search, \nseizure and \nviolence",
"footnote": "",
"is_definition": false,
"sort_order": 92
},
{
"number": "99",
"title": "Section 99. Whoever, being a police officer,-",
"chapter": null,
"content": "(1) without lawful authority or reasonable cause enters or \nsearches, or causes to be entered or searched, any \nbuilding, vessel, tent or place; or \n \n \n(2) unlawfully and without reasonable cause seizes the \nproperty of any person; or \n \n(3) unlawfully and w ithout reasonable cause detains, \nsearches, or arrests a person; or \n \n(4) unlawfully and without reasonable cause delays the \nforwarding of any person arrested to a Magistrate or \nto any other authority to whom he is legally bound to \nforward such person; or \n \n(5) subjects any person in her/his custody or with whom \nhe may come into contact in the course of duty, to \ntorture or to any kind of inhuman or unlawful \npersonal violence or gross misbehavior; or \n \n(6) holds out any threat or promise not warranted by law; \n \n \n \n \n\n39 \n \nshall, on con viction, be punished with imprisonment \nfor a term which may extend to six months or shall be \nliable to fine not exceeding two thousand rupees or \nwith both. \nOffences by the \npublic",
"footnote": "",
"is_definition": false,
"sort_order": 93
},
{
"number": "100",
"title": "Section 100. (1) Any person who commits any of the following offences on",
"chapter": null,
"content": "any road, or street or thoroughfare, or any open place \nwithin the limits of any area to which this section has been \nspecially extended by notification by the State Government \nor a Local Government, to the inconvenience, annoyance \nor danger of the residents or passers by shall, on conviction \nby a Court, be liable to a fine which may extend upto two \nthousand rupees:- \n \n(a) allowing any cattle to stray, or keeping any cattle or \nconveyance of any kind standing longer than is \nrequired for loading or unloading or for taking up or \nsetting down passengers, or leaving any conveyance \nin such a manner as to cause inconvenience or \ndanger to the public; \n \n(b) being found intoxicated and riotous; \n \n(c) neglecting to fence in or duly protect any well, tank, \nhole or other dangerous place or structu re under his \ncharge or possession; or otherwise creating a \nhazardous situation in a public place; \n \n(d) defacing, or affixing notices, or writing graffiti on \nwalls, buildings or other structures without the prior \npermission of the custodian of the property; \n \n(e) willfully entering or remaining without sufficient \ncause in or upon any building belonging to the \nGovernment or land or ground attached thereto, or \non any vehicle belonging to Government; \n \n(f) knowingly spreading rumours or causing a false \nalarm to mislead the p olice, fire brigade or any \nother essential service or; \n \n(g) willfully damaging or sabotaging any public alarm \nsystem; \n \n(h) knowingly and willfully causing damage to an \nessential service, in order to cause general panic \namong the public; \n \n(i) acting in contravention of a notice publicly \ndisplayed by the competent authority in any \nGovernment building: \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n \n\n40 \n \n \nProvided that the police shall take cognizance of \nthis offence only upon a complaint made by an \nauthorized functionary of the concerned office. \n \n(j) causing annoyance to a woman by making indecent \novertures or calls or by stalking: \n \nProvided that the police shall take cognizance of \nthis offence only upon a complaint made by the \nvictim. \n \n(2) It shall be lawful for any police officer to take into custody, \nwithout a warrant, whoever commits any of the offences \nmentioned in sub-section (1). \n \n(3) Whoever commits any offence under sub -section (1), on \nsubsequent conviction shall be liable to enhanced \npunishment. \nProcedure for \nposting \ndirections and \npublic notices",
"footnote": "",
"is_definition": false,
"sort_order": 94
},
{
"number": "101",
"title": "Section 101. (1) All general directions, regulations, and public notices",
"chapter": null,
"content": "issued under this Chapter shall be published by posting \nnotices in the office of the District Magistrate, Revenue \nCircle, Municipality, . Police Station and Panchayat Office \nof the local area as well as in the locality affected, by \naffixing copies in conspicuous places near the building or \nplace to which the notice specially relates, or by \nannouncing it by the beating of drum or by advertising in \nlocal newspapers and other media, or by any other means \nas the Superintendent of Police may deem fit: \n \nProvided that the Superintendent of Police may, on being \nsatisfied that it is in public interest to bring any regulation \ninto force with immediate effect, make such direction or \nregulation without previous publication. \n \n(2) If any direction or regulation made under this Section \nrelates to any matter with respect to which there is a \nprovision in any law, rule or bylaw of the Corporation or of \nany other Municipal or Local Authority in relation to \npublic health, convenience or safety of the locality, such \nregulation shall be subject to such law, rule bylaw. \n \n \n \n \n \nProsecution of \npolice officers",
"footnote": "",
"is_definition": false,
"sort_order": 95
},
{
"number": "102",
"title": "Section 102. No Court shall take cognizance of any offence under this Act",
"chapter": null,
"content": "when the accused person is a police officer except on a report in \nwriting of the facts constituting such offence by, or with the \nprevious sanction of an officer authorized by the State \nGovernment in this behalf. \n \n \nProsecution for \noffences under",
"footnote": "",
"is_definition": false,
"sort_order": 96
},
{
"number": "103",
"title": "Section 103. Subject to the provisions contained in section 300 of the C ode of",
"chapter": null,
"content": "Criminal Procedure, 1973, nothing in this Act shall be construed \n \n\n41 \n \nother laws \n \nas preventing any person from being prosecuted and punish ed \nunder any other law for anything made punishable by this Act. \n \nSummary \ndisposal of \ncertain cases",
"footnote": "",
"is_definition": false,
"sort_order": 97
},
{
"number": "104",
"title": "Section 104. (1) A Court taking cognizance of an offence punishable under",
"chapter": null,
"content": "sections 94 and 103 (1) may state, upon the summons to be \nserved to the accused person, that he may, by a specified \ndate prior to the hearing of the charge, plead guilty to the \ncharge by registered letter, and remit to the Court such sum \nas the Court may specify. \n \n(2) Where an accused person pleads guilty and remits the sum \nspecified in the summons under sub -section (1), no further \nproceedings in respect of the offence shall be taken against \nthat person. \n \n \nRecovery of \npenalties and \nfines imposed by \nthe Magistrate",
"footnote": "",
"is_definition": false,
"sort_order": 98
},
{
"number": "105",
"title": "Section 105. Provisions of sections 64 to 70 of the Indian Penal code, 1860",
"chapter": null,
"content": "and sections 386 to 389 of the Code of Criminal Procedure. 1973 \nshall apply to penalties and fines imposed under this Act on \nconviction before a Magistrate: \n Provided that notwithstanding anything contained in \nsection 65 of the Indian Penal Code, 1860. any person sentenced \nto fine under Sections 94 and 100 (1) of this Chapter may be \nimprisoned in default of payment of such fine, for any period not \nexceeding eight days. \n \nCentral Act No. \n45 of 1860 and \nAct no 2 of 1974 \n \n \n \n \n \nLimitation of \nactions",
"footnote": "",
"is_definition": false,
"sort_order": 99
},
{
"number": "106",
"title": "Section 106. No Court shall take cognizance of any offence under this",
"chapter": null,
"content": "Chapter after the expiry of the period of limitation provided for \nin Section 468 of the Code of Criminal Procedure, 1973. For \ncomputing the limitation period, provisions of Chapter XXXVI \nof the Code of Criminal Procedure shall apply. \n \n \n CHAPTER X \nMiscellaneous \n \nPowers of \nDistrict \nSuperintendent \nof Police to be \nexercised by the \nCommissioner \nof Police",
"footnote": "",
"is_definition": false,
"sort_order": 100
},
{
"number": "107",
"title": "Section 107. All powers, functions and duties of the District Superintendent",
"chapter": null,
"content": "of Police described in this Act shall be exercised, in respect of \nareas notified under section 7 of Chapter II by the Commissioner \nof Police or any other officer authorized in this behalf. \n \n \nDisposal of fees \nand rewards.",
"footnote": "",
"is_definition": false,
"sort_order": 101
},
{
"number": "108",
"title": "Section 108. All fees paid for licenses or written permission issued under this",
"chapter": null,
"content": "Act, and all sums paid for the service of processes by the police \nofficers and all rewards, forfeitures mid penalties or shares \nthereof which are by law payable to police officers as informers \n \n\n42 \n \nshall, save in so far as any such fees or sums belong under the \nprovisions of any enactment in force to any local authority, be \ncredited to the State Government. \nMethod of \nproving orders \nand notifications",
"footnote": "",
"is_definition": false,
"sort_order": 102
},
{
"number": "109",
"title": "Section 109. Any order or notification published or issued by the State",
"chapter": null,
"content": "Government or by a Magistrate or officer under any provision of \nthis Act, and the due publication or issue thereof may be proved \nby the production of a copy thereof in the Official Gazette, or of \na copy thereof signed by such Magistrate, or officer, and by him \ncertified to be a true copy of an original published or issued \naccording to the provisions of this section of the Act applicable \nthereto. \n \nValidity of rules \nand orders",
"footnote": "",
"is_definition": false,
"sort_order": 103
},
{
"number": "110",
"title": "Section 110. No rule, regulation, order, direction, or notification made or",
"chapter": null,
"content": "published and no adjudication, inquiry or act done under any \nprovision of this Act, or under any rules made there under, which \nis substantial conformity with the same, shall be deemed illegal, \nvoid or invalid by reason of any defect of form. \n \nOfficers holding \ncharge of or \nsucceeding to \nvacancies \ncompetent to \nexercise powers",
"footnote": "",
"is_definition": false,
"sort_order": 104
},
{
"number": "111",
"title": "Section 111. Whenever in consequence of the office of a Commissioner,",
"chapter": null,
"content": "Magistrate or police officer becoming vacan t, any officer \nholding charge of the post of such Commissioner, Magistrate, or \npolice officer or succeeds, either temporarily or permanently, to \nhis office, such officer shall be competent to exercise all the \npowers and perform all the duties respectively conferred and \nimposed by this Act on such Commissioner, Magistrate or police \nofficer, as the case may be. \n \n \nLicences and \nwritten \npermissions to \nspecify \nconditions, and \nto be signed",
"footnote": "",
"is_definition": false,
"sort_order": 105
},
{
"number": "112",
"title": "Section 112. (1) Any licence or written permission granted under the",
"chapter": null,
"content": "provisions of this Act shall specify the period and locality \nfor which and the conditions and restrictions subject to \nwhich, the same is granted, and shall be given under the \nsignature of the competent authority and such fee shall be \ncharged there on as may be prescribe d by the rules under \nthis Act in that behalf. \n \n(2) Any licence or written permission granted under this Act \nmay at any time be suspended or revoked by the competent \nauthority, if any of its conditions or restrictions is infringed \nor evaded by the person to who m it has been granted, or if \nsuch person is convicted of any offence in any matter to \nwhich such licence or permission relates. \n \n(3) When any such licence or written permission is suspended \nor revoked, or when the period for which the same was \ngranted has expi red, the person to whom the same was \n \n\n43 \n \ngranted shall for all purposes of this Act, be deemed to be \nwithout a licence or written permission until the order for \nsuspending or revoking the same is cancelled, or until the \nsame is renewed, as the case may be. \n \n(4) Every person to whom any such licence or written \npermission has been granted, shall, while the same remains \nin force, at all reasonable time, produce the same, if so \nrequired by a police officer. \n \nExplanation: For the purpose of this Section any such \ninfringement or evasion by, or conviction of, a servant or \nother agent acting on behalf of the person to whom the \nlicence or written permission has been granted shall be \ndeemed to be infringement or evasion by, or as the case \nmay be, conviction of the person to w hom such licence or \nwritten permission has been granted. \n \nPublic notices \nhow to be given",
"footnote": "",
"is_definition": false,
"sort_order": 106
},
{
"number": "113",
"title": "Section 113. Any public notice required to be given under any of the",
"chapter": null,
"content": "provisions of this Act shall be in writing under the signature of a \ncompetent authority and shall be published in the locality to be \naffected thereby, by affixing copies thereof in conspicuous \npublic places, or by proclaiming the same with beat of drums, or \nby advertising 'the same in such local newspapers - English or \nregional language or Hindi - as the said authority may deem fit, \nor by any or more of these means and by any other means it may \nthink suitable: \n \nProvided that the competent authority may, on being satisfied \nthat it is in public interest to bring any regulation into force with \nimmediate effec t, make such direction or regulation without \nprevious publication. \n \n \nConsent of a \ncompetent \nauthority may \nbe proved by \nwriting under \nhis signature",
"footnote": "",
"is_definition": false,
"sort_order": 107
},
{
"number": "114",
"title": "Section 114. Whenever under this Act, the doing or the omitting to do",
"chapter": null,
"content": "anything or the validity of anything depends upon the consent, \napproval, declaration, opinion or satisfaction of a competent \nauthority, a written document signed by a competent authority \npurporting to conveyor set forth such consent, approva1, \ndeclaration, opinion or satisfaction shall be suf ficient evidence \nthereof. \n \n \nPower to make \nrules",
"footnote": "",
"is_definition": false,
"sort_order": 108
},
{
"number": "115",
"title": "Section 115. (1) The State Government may make rules for carrying out the",
"chapter": null,
"content": "purposes of this Act: \n \nProvided that the Assam Police Manual for the time being \nin force in the State of Assam shall be treated as rules \nunder this Act unless any provision thereof is found \ninconsistent with this Act, till replaced, modified or \n \n\n44 \n \namended as the case may be, by an another rules to be \nmade under the provisions of this Act. \n \n(2) All rules made by the State Government under this Act \nshall, as soon as may be after they are made, be laid before \nthe Assam Legislative Assembly, while it is in session, for \na total period of not less than fourteen days which may be \ncomprised in one session or in two or more successive \nsessions, and shall, unless some later date is appointed, \ntake affect from the date of their publication in the Official \nGazette subject to such modifications or annulments as the \nAssam Legislative Assembly may, during the said period \nagree to make, so however, that any such modifica tions or \nannulments shall be without prejudice to the validity of \nanything previously done there under. \n \nPower to \nremove \ndifficulties",
"footnote": "",
"is_definition": false,
"sort_order": 109
},
{
"number": "116",
"title": "Section 116. If any difficulty arises in giving effect to the provisions of this",
"chapter": null,
"content": "Act the State Government may, by notification in the Official \nGazette, make such provisions as it deems necessary or \nexpedient for removing the difficulty. \n \n \nRepeal and \nSaving",
"footnote": "",
"is_definition": false,
"sort_order": 110
},
{
"number": "117",
"title": "Section 117. (1) The Police Act 1861 (Act V of 1861), in its application to",
"chapter": null,
"content": "the State of Assam, is hereby repealed. \r\n \r\n(2) Notwithstanding such repeal, anything done or purported \r\nto be done or any action taken or instituted under the Act \r\nso repealed and the rules made there under shall, be \r\ndeemed to have been validly done or taken under the \r\ncorresponding provisions of this Act. \r\n \r\n(3) All references in any enactments to any of the provisions \r\nof the Act so repealed shall be construed reference to the \r\nprovisions of this Act. \r\n \r\n \r\n \r\n \r\n \r\n \r\n.",
"footnote": "",
"is_definition": false,
"sort_order": 111
}
],
"metadata": {
"Act Number": "20",
"Enactment Date": "2007-08-31",
"Act Year": "2007",
"Short Title": "The Assam Police Act, 2007 (Single Document)",
"Department": "Home Department",
"Type": "STATE",
"Location": "Assam"
},
"updated_at": "2026-09-29 21:52:17"
}