Kerala act 021 of 2007 : Kerala Police (Amendment) Act, 2007

Section 1. Short title and commencement

1. Short title and commencement.- (1) This Act may be called the Kerala Police (Amendment) Act, 2007.

(2) It shall be deemed to have come into force on the 7th day of April, 2007.

Section 2. Amendment of section 2

2. Amendment of section 2.- In the Kerala Police Act, 1960 (5 of 1961) (hereinafter referred to as the principal Act) in sub-section (1) of section 2,-

(1) the existing clause (i) shall be renumbered as clause (ib) and before the clause as so renumbered, the following clauses shall be inserted, namely:-

"(i) "Authority" or "Authorities" shall mean the Police Complaints Authority established at the State level and at the District level, respectively, under section 17E;

(ia) "Board" means the Police Establishment Board constituted under section 17C;";

(2) after the existing clause (i) renumbered as clause (ib), the following clause shall be inserted, namely:-

"(ic) "Commission" means the State Security Commission constituted under section 17A;";

(3) after clause (ii), the following clause shall be inserted, namely:-

"(iia) "Government" means the Government of Kerala;";

(4) after clause (iv), the following clause shall be inserted, namely:-

"(iva) "prescribed" means prescribed by rules made under the Act;".

Section 3. Insertion of new section 3A

3. Insertion of new section 3A.- After section 3 of the principal Act, the following section shall be inserted, namely:-

"3A. Separation of Investigation from Law and Order.- (1) The Government may, having regard to the population in an area or the circumstances prevailing in such area, by order, separate the investigating police from the law and order police in such area as may be specified in order to ensure speedier investigation, better expertise and improved rapport with people.

(2) The Superintendent of Police shall ensure the full co-ordination between the two wings of the police force separated under sub-section (1).".

Section 4. Substitution of section 4

4. Substitution of section 4.- For section 4 of the principal Act, the following sections shall be substituted, namely:-

"4. Director General of Police.- (1) The administration of the police throughout the State shall, subject to the control of the Government, be vested in the Director General of Police.

(2) The Director General of Police shall be appointed by the Government from amongst those officers of the State cadre of the Indian Police service who have either already been promoted to such rank or are eligible to be promoted to such rank, considering his overall record of service and experience for leading the police force of the State:

Provided that the officer selected as the Director General of Police must not have a charge pending against him in any Court or Tribunal or Departmental agency on a charge filed on behalf of the State.

Section 4-A. Minimum Tenure of Police Officers

4-A. Minimum Tenure of Police Officers.- (1) The Government may ensure a normal tenure of two years from the date of assuming charge of the post to the Director General of Police and to all Inspector Generals of Police in charge of Ranges, Superintendents of Police in charge of Districts and Station House Officers in charge of Police Stations:

Provided that the normal tenure shall not be applicable in cases of superannuation, promotion, reversion, suspension and leave.

(2) The Government or the appointing authority may, without prejudice to any other legal or departmental action, transfer any police officer before completing the normal tenure of two years, on being satisfied prima facie that it is necessary to do so on any of the following grounds, namely:-

(a) if he is found incompetent and inefficient in the discharge of duties so as to affect the functioning of the police force;

(b) if he is accused in a criminal case involving moral turpitude;

(c) initiation of departmental proceedings against him;

(d) if he exhibits a palpable bias in the discharge of duties;

(e) misuse or abuse of powers vested in him;

(f) incapacity in the discharge of official duties;

(g) initiation for an enquiry against him by competent authority on a grave allegation of corruption or indifference in the discharge of duty;

(h) if his conduct has been adversely commented upon by any judicial authority;

(i) disorder or rampant crime on his area of jurisdiction.

(j) public dissatisfaction with the effectiveness of policing in the jurisdiction; and

(K) if he request to be transferred from the post;"

Section 5. Insertion of new Chapter IIIA

5. Insertion of new Chapter IIIA.- After chapter III of the principal Act, the following chapter shall be inserted, namely:-

Section 6. Repeal and Saving

6. Repeal and Saving.- (1) The Kerala Police (Amendment) Ordinance, 2007 (45 of 2007), is hereby repealed.

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