Meghalaya act 007 of 2011 : The Meghalaya Police Act, 2010 (Act No. 7 of 2011)

(1) Besides the initial training of new recruits in the District Armed Branch and the Armed Police Battalions, it shall also be ensured that all ranks in these units undergo an annual refresher training programme, by rotation, over and above specialised training in different skills as needed by different categories. (2) The annual refresher training course shall be treated as mandatory, and under no circumstances the personnel undergoing such training shall be withdrawn for deployment on law and order, or any other duty except with the prior approval of the Director General of Police. (3) The curricular for the initial as well as the annual refresher training courses, besides physical skills and fitness, shall lay due emphasis on the knowledge of constitutional and legal rights of the citizens as well skills relating to individual and collective interaction with the public, with special emphasis on courteous and impartial behavior. (4) The content and methodology of the annual refresher training courses as well as the other specialized courses for the personnel of the District Armed Branch and the Armed Police Battalions shall be reviewed and revised from time to time by the officer heading the Armed Police Battalion set-up, in consultation with the Training Wing of the state police, and under the overall guidance of the Director General of Police.

(1) The deployment of units and sub-units of the District Armed Branch and the Armed Police Battalions shall be strictly restricted to only those situations where such deployment is considered absolutely necessary. (2) The District Superintendent of Police shall carefully scrutinize each request for deployment of District Armed Branch, received from the field officers. Similarly, the Director General of Police shall closely scrutinize each request for the deployment of any force from the Armed Police Battalions, received from any District Superintendent of Police, Range Deputy Inspector General of Police / Inspector General of Police, or any other field officer, before ordering such deployment. The scrutiny will include a realistic determination of the quantum of force required as also the duration for which the deployment is required. (3) The deployment shall be made for a fixed period, as specified in the order, and unless the same is extended by a specific order, the force shall return to its headquarters, on the expiry of the initial period. (4) It shall be the duty, in the case of District Armed Branch, of the District Superintendent of Police and that of the head of the Armed Police Battalion set-up of the State in respect of the Battalion personnel, to ensure that the personnel of these armed units are deployed in a manner that ensures their regular training and constant preparedness for their tasks, as also a fair rotation of duty between the various sub-units of the Armed Branch or a Battalion. (5) While ordering deployment of any armed police unit, due care will also be taken to ensure, as far as possible, that the personnel are able to take due rest and also avail a weekly off.

The adequacy of arms, equipment and accoutrement for each Battalion as well as the District Armed Branch shall be assessed regularly on an annual basis by the officer heading the Armed Police Battalions set-up, in terms of the type, quality and quantities of each such item needed for each unit, in consultation with the Commandants and the District Superintendent of Police concerned.

(1) It shall be the responsibility of the State Government to ensure an efficient, responsive, accountable, impartial, honest, citizen-friendly and professional Police Service for the entire State. For this purpose, the power of superintendence of the Police Service shall vest in and be exercised by the State Government in accordance with the provisions of this Act an any other law as applicable. (2) The State Government shall exercise its superintendence over the police in such manner and to such an extent as to promote the professional efficiency of the police and ensure that its performance is at all times in accordance with the law. This shall be achieved through laying down policies and guidelines, setting standards for quality policing, facilitating their implementation and ensuring that the police performs its task in a professional manner with functional autonomy.

(1) The State Government may - (a) in consultation with the State Security Commission established under Section 35 of this Chapter, draw up a Strategic Policing Plan for a five-year period (hereinafter referred to as the “Strategic Plan”), duly identifying the objectives of policing sought to be achieved during the period and setting out an action plan for their implementation; (b) place before the State Legislature, within six months of the coming into force of this Act, the Strategic Plan. Subsequent Strategic Plans shall, thereafter, be laid before the State Legislature every three years; (c) (place before the State Legislature, at the beginning of each financial year, a Progress Report on the implementation of the Strategic Plan that prioritizes the goals of the Strategic Plan for the year in question. (2) The Strategic and the Annual Plans shall be prepared after receiving inputs on the policing needs of the districts from the District Superintendents of Police who, in turn, shall formulate the same in consultation with the community and various district authorities. (3) The Strategic Plan, the Progress Report and the Annual Plan shall be made readily accessible to the public.

A State Security Commission shall be set up by the State Government which will function as a watchdog body and will exercise the functions assigned to it under the provisions of this Chapter. The recommendations of the Commission shall be to the extent feasible binding on the State Government.

(1) The State Security Commission (hereinafter referred to as Commission) shall consist of the following: (a) The Chief Minister as its Chairperson (b) The Home Minister as its Vice Chairperson (c) The Leader of the Opposition in the State Assembly (d) Chief Secretary (e) The Principal secretary/Secretary Home (P) as member. [(f) The Director General of Police. 1 omitted [ [2 (g) Member Secretary to the State Security Commission to be appointed by the State of Meghalaya from Officers at the level of Additional Director General of Police or above, preferably in the HAG + Scale of pay, and [ (h) Two non-political persons of proven reputation for integrity and competence, (hereinafter referred to as “Independent Members”) from the fields of academia, law, public administration, media or NGOs. (2) No serving Government employee shall be appointed as an Independent Member. (3) Any vacancy in the Commission shall be filled up as soon as practicable, but not later than three months after the seat has fallen vacant.

The role and functions of the police shall broadly be: (a) to uphold and enforce the law impartially, and to protect life, liberty, property, human rights, and dignity of the members of the public; (b) to promote and preserve public order; (c) to protect internal security, to prevent and control terrorist activities, breaches of communal harmony, militant activities and other situations affecting Internal Security; (d) to protect public properties including roads, railways, bridges, vital installations and establishments etc. against acts of vandalism, violence or any kind of attack; (e) to prevent crimes, and reduce the opportunities for the commission of crimes through their own preventive action and measures as well as by aiding and cooperating with other relevant agencies in implementing due measures for prevention of crimes; (f) to accurately register all complaints brought to them by a complainant or his representative, in person or received by post, e-mail or other means, and take prompt follow-up action thereon, after duly acknowledging the receipt of the complaint; (g) to register and investigate all cognizable offences coming to their notice through such complaints or otherwise, duly supplying a copy of the First Information Report to the complainant, and where appropriate, to apprehend the offenders, and extend requisite assistance in the prosecution of offenders; (h) to create and maintain a feeling of security in the community, and as far as possible, prevent conflicts and promote amity; (i) to provide, as first responders, all possible help to people in situations arising out of natural or man-made disasters, and to provide active assistance to other agencies in relief and rehabilitation measures; (j) to aid individuals, who are in danger of physical harm to their person or property, and to provide necessary help and afford relief to people in distress situations; (k) to facilitate orderly movement of people and vehicles, and to control and regulate traffic on roads and highways; (l) to collect intelligence relating to matters affecting public peace, and all kind of crimes including social offences, communalism, extremism, terrorism and other matters relating to national security, and disseminate the same to all concerned agencies, besides acting, as appropriate on it themselves; (m) To take charge, as a police officer on duty, of all unclaimed property and take action for their safe custody and disposal in accordance with the procedure prescribed.

Every police officer shall: (a) behave with the members of the public with due courtesy and decorum, particularly so in dealing with senior citizens, women, and children; (b) guide and assist members of the public, particularly senior citizens, women, children, the poor and indigent and the physically or mentally challenged individuals, who are found in helpless condition on the streets or other public places or otherwise need help and protection; (c) provide all requisite assistance to victims of crime and or road accidents, and in particular ensure that they are given prompt medical aid, irrespective of medico-legal formalities, and facilitate their compensation and other legal claims; (d) ensure that in all situations, especially during conflict between communities, classes, castes and political groups, the conduct of the police is always governed by the principles of impartiality and human rights norms, with special attention to protection of weaker sections including minorities; (e) prevent harassment of women and children in public places and public transport, including stalking, making objectionable gestures, signs, remarks or harassment caused in any way; (f) render all requisite assistance to the members of the public, particularly women, children, and the poor and indigent persons, against criminal exploitation by any person or organized group; and (g) inform every person in police custody about the free legal aid scheme of the Government.

(1) The State Government may, by notification in the official gazette, declare any specified service to be an essential service to the community, for a specified period, which may be extended from time to time, by a notification, as necessary. (2) Upon a declaration being made under sub-section (1) and so long as it remains in force, it shall be the duty of every police officer to obey any order given by any officer superior to him in connection with the service specified in the declaration.

A senior police officer may perform any duty assigned by law or by a lawful order to any officer subordinate to him, and may aid, supplement, supersede or prevent any action of the subordinate by his own action or that of any person lawfully acting under his command or authority whenever the same shall appear necessary or expedient for giving more complete or convenient effect to the law or for avoiding any infringement thereof. State Government may issue any instruction as may be necessary on this respect.

It shall be the duty of every officer in charge of police station to keep a general diary in such form as shall from time to time be prescribed by the State Government and to record therein all complaints and charges preferred, the names of all persons arrested, names of complainants, offences charges against them, weapons and property taken from their possession or otherwise and witnesses examined in connection with the case, detailment of personnel for patrolling and other duties, etc.

(1) Police Stations covering rural areas shall be so organized as to be self sufficient in matters of accommodation, for amenities as stipulated in Section 11 (5) of Chapter II as well as in communication facilities, transport and police housing. Each Police Station will also be equipped with adequate facilities of forensic science and scientific aids to investigation. (2) Special attention shall be paid to the security of each Police Station, particularly in areas prone to violence or mass disturbances. It shall also be ensured that the manpower posted in such Police Station is not diverted elsewhere except when specially authorized by the Director General of Police for a specific purpose and for a specified period.

(1) The Officer-in-Charge of Police Stations shall visit every village under his jurisdiction, as per the minimum frequency prescribed by the Superintendent of Police through a general or special order, and shall interact with as many local residents as possible so as to assess the level of public satisfaction with the police. (2) All supervisory officers including the Superintendent of Police shall visit every month as many villages in their jurisdiction as possible. The purpose of such visits shall be to review the general state of crime, the law and order situation and the activities, if any, of violent and militant individuals or groups in the area and to interact with as many local residents as possible so as to assess the level of public satisfaction with the police.

(1) Each village in the district shall have at least one Village Guard, enlisted by the District Superintendent of Police from amongst able-bodied persons of either gender, between the age of 21 and 50 years and with unimpeachable character and antecedents, who are permanent residents of that village, possessing the ability to read and write in the local language, who have not been convicted by a court of law or have not had charges framed against them by a court of law in criminal cases or dismissed, removed, discharged or compulsorily retired from any employment on grounds of corruption, moral turpitude or misconduct, and who are not active members of any political party, or organization allied to a political party or a militant outfit. (2) A person enlisted as a Village Guard will normally have a tenure of three years, which may be renewed, upon satisfactory performance. No renewal shall, however, be granted to a person after he crosses the age of fifty years or who has served for two consecutive terms or who incurs any other condition of ineligibility specified in Section 61(1). (3) A Village Guard shall be removed from the assignment at any time during the currency of his enlistment, if he incurs any condition of ineligibility stipulated in Section 61(1). (4) The Village Guard shall be a public servant as defined in the Indian Penal Code, 1860. (5) The Superintendent of Police shall ensure that every person, on his induction as a Village Guard, is administered a training course of a duration and as per the syllabus, prescribed by the Director General of Police. Periodical refresher training shall also be organized for those who are re-enlisted as Village Guards, for each renewed term. (6) Every person enlisted as a Village Guard shall take an oath or affirmation, as prescribed, before the officer-in-charge of the Police Station concerned. (7) Each Village Guard will be provided with an Identification Badge and a reasonable monthly honorarium and out-of-pocket expenses, as may be fixed by the Government from time to time. The honorarium so fixed shall not be less than that paid to a Home Guard in the State. (8) Any person who for any reason ceases to be a Village Guard shall forthwith deliver up to the Superintendent of Police or to any officer authorized by him, his Identification Badge and all records and documents maintained by him as the Village Guard.

The duties and responsibilities of the Village Guard shall include: - (a) reporting the occurrence of any crime or law and order situation in the village, at the earliest, to the police and assisting the police in bringing the offenders to book; (b) maintaining a general vigil in the village from the point of view of crime prevention or prevention of a law and order problem, and promptly informing the police about the same; (c) remaining alert and sensitive to any information about any suspicious activity, movement of suspicious persons or development of any conspiracy in the village that is likely to lead to a crime or breach of law and order, and promptly passing on such information to the police; (d) assisting any citizen in arresting or handing over to the Police Station any person or persons under section 43 of the Code of Criminal Procedure, 1973 along with the arms, ammunition, property or any objectionable or suspicious object, if any, seized from him, without delay. In case the arrested person is a woman, a male Village Guard shall be accompanied by a woman; (e) Securing and preserving the scene of any crime till the arrival of the police, duly ensuring that it is not disturbed by curious onlookers or anyone else; (f) meeting the Officer-in-Charge of the Police Station at a minimum frequency as prescribed by the Superintendent of Police through a general or special order, to report on such activities and incidents in the village as would have a bearing on crime, law and order or other policing concerns; (g) maintaining the prescribed records and registers; and (h) recording any public grievances or complaints in relation to policing.

(1) The Superintendent of Police shall organize a group of local respectable persons for each village for the purpose of carrying out preventive patrolling, promoting crime reduction measures and generally assisting the police in their functioning. The group shall be called the Village Defence Party and may not normally consist of more than 15 members, with provision for having more than one Village Defence Party if the size and population of the village so require. The composition of the Party shall reflect the diversity of local population including adequate gender representation. It shall work in cooperation and coordination with the Village Guard. (2) Members shall be inducted into the Village Defence Parties by the Superintendent of Police in consultation with the Community Liaison Group, from amongst able-bodied persons, and with good character and antecedents, who are permanent residents of the village, who have not been convicted by a court of law or have not had charges framed against them by a court of law in criminal case, or dismissed, removed, discharged or compulsorily retired from any employment on grounds of moral turpitude, corruption or misconduct, or are connected with any political party or any allied organization thereof. (3). The Village Defence Party shall normally be reconstituted every three years. Members may be re-inducted whenever the Village Defence Party is reconstituted. No renewal shall, however, be granted to a person after he crosses the age of fifty years or who incurs any other condition of ineligibility specified in Section 63 (2). However, any vacancy may be filled up as and when it occurs. (4). A person may also be removed from the membership of the Village Defence Party at any time during the currency of his tenure, if he incurs any condition of ineligibility specified in Section 63 (2). (5). In the event of any complaint against the Village Defence Party or its members, the Superintendent of Police shall take appropriate action, including, if necessary, removal of the concerned members. (6). Membership of the Village Defence Party shall be voluntary and honorary. However, to facilitate the proper functioning of the Village Defence Party, the Officer-in-Charge of Police Stations shall provide its members with the required equipment of day-to-day needs as well as reasonable out-of-pocket expenses, as prescribed from time to time. The District Superintendent of Police will make arrangements for necessary training of the members of each Village Defence Party. (7). The members of the Village Defence Party shall wear Identification Badge issued by the District Superintendent of Police. (8). Any person who for any reason ceases to be a member of a Village Defence Party shall forthwith deliver up to the Superintendent of Police or to an officer authorized by him, his Identification Badge and all records and documents maintained by him as a member of the Village Defence Party.

(1) The District Superintendent of Police shall constitute a Community Liaison Group for each Police Station, comprising respectable local residents of the area with unimpeachable character and antecedents, including retired public servants and heads of teaching institutions, if any, as representatives of the community, to generally advise the police in their functioning. The Community Liaison Group shall have a fair representation of gender, and all other segments and professions, of the society in villages falling in the Police Station area: Provided that no person convicted by a court of law or against whom charges have been framed by a court of law in a criminal case, or dismissed, removed, discharged or compulsorily retired from any employment on grounds of corruption, moral turpitude or misconduct shall be eligible to be inducted into the Community Liaison Group: Provided further that no person who is connected with any political party or an organization allied to a political party, shall be eligible to be inducted into the Community Liaison Group. (2) The Community Liaison Group shall identify the existing and emerging policing needs of the area, which shall be taken into consideration by the Officer-in-Charge of the Police Station while preparing the annual policing strategy and action plan for his jurisdiction, for submission to the District Superintendent of Police. The Community Liaison Group shall perform such other functions as prescribed. It shall meet as frequently as necessary, and at least once in each quarter of a year. The meetings of the Community Liaison Group shall be attended by the Sub-Divisional Police Officer as well as the officer in charge of the Police Station and the Circle Inspector. Occasionally, Superintendent of Police will also attend the meetings of the Community Liaison Group at different Police Stations. The meetings shall be open to public.

(1) The Director General of Police shall, with the approval of the State Government, draw up an Internal Security Scheme for the entire state as well as for each of the districts to deal with problems of Public Order and security of the State, as specific to the area. (2) The Internal Security Scheme so formulated shall be reviewed, and revised as necessary, at least once annually and more frequently, if required. (3) The Internal Security Scheme shall, as far as possible, cover all major problems the area is prone to or which can otherwise be anticipated in the whole or any part thereof, In preparing the scheme, the Director General of Police shall give special attention to likely disturbance of public order arising out of non-implementation of developmental programmes in the backward and not so easily accessible areas.(4) The schemes shall provide that officers deploying the police to deal with situations of conflict between communities, classes, castes, and political groups shall ensure that its composition, as far as possible, reflects social diversity of the area, including adequate representation of weaker sections and minorities. (5) The Internal Security Scheme shall, inter alia, cover the role of the police with regard to the security of any establishment or installation relating to critical infrastructure, if any, located in the area. (6) Any organization, while taking up any activity or programme which is otherwise unobjectionable but may have the potential for disturbing law and order, may inform the police, and thereupon, the police shall take such measures as deemed necessary to deal with the situation. (7) While preparing the Internal Security Scheme under Section 66 (1), the police shall take into consideration the contingencies of specific law and order problems, and security requirements that may arise in such situations. (8) The Internal Security Scheme shall incorporate regularly updated and comprehensive Standard Operating Procedures for the action to be taken by the police, independently or in coordination with other concerned agencies in the period preceding, during, and in the aftermath of problems of each kind.

(1) The Officers and Staff to be posted to the Criminal Investigation Department shall selected and specially trained. (2) The Criminal Investigation Department may have specialized units for investigation of cyber crime, organized crime, homicide cases, economic offences, and any other category of offences, as notified by the State Government and which require specialized investigation. In addition to regular staff, the Director General of Police may also higher services of any person qualified for this purpose on contract basis to assist in investigation, if and when so required. (3) The officers posted to the Criminal Investigation Department shall be selected on the basis of their aptitude, professional competence, experience in crime investigation and integrity. They shall undergo appropriate training upon induction, and their knowledge and skills shall be upgraded from time to time through appropriate refresher and specialized coursed. (4) Officers posted to the Criminal Investigation Department shall have a minimum tenure of three years and a maximum of five years, except that officers with proven ability in investigation of cases shall be considered for extended tenure by the Police Establishment Board on proposal to this effect being submitted by the Criminal Investigation Department. (5) The Criminal Investigation Department may be provided with an appropriate number of legal advisors and crime analysts to guide, advise and assist the investigating Officer. (6) The Criminal Investigation Department may be provided with adequate staff and funds. (7) The Criminal Investigation Department may be equipped with adequate facilities of scientific aids to investigation and forensic science including qualified and trained manpower, in accordance with the guidelines, if any, issued in this regard by the Directorate Forensic Science or the Bureau of Police Research and Development of the Government of India.

(1) The State Government shall evolve a Training Policy for the police, in accordance with the provisions of Section 52 of Chapter V, keeping in view the current and anticipated requirements of policing. The Policy will, as far as possible, take into account any guidelines in respect of police training as may be issued by the Union Government from time to time. The training policy shall aim at achieving the objectives of imparting knowledge in police subjects, developing of professional skills, inculcating the right attitudes, and promoting constitutional and ethical values among police personnel. (2) This Training Policy shall ensure that police personnel are adequately trained to efficiently perform their job. Successful participation in appropriate training programmes shall be linked, as far as possible, to the promotion of police personnel of different ranks, and to their postings to different assignments, in a structured manner, as notified by the State Government from time to time. (3) In evolving the training policy, optimum advantage shall be taken of the methodologies of distance learning, outsourcing and onthe-job training. (4) The State Government shall create and upgrade, from time to time, the infrastructure and capabilities of their training institutions in consonance with the holistic training needs of police personnel of different ranks, which shall include, besides all types of specialized training, refresher training courses of appropriate duration. For this purpose, the State Government shall also create a suitable training centre with the requisite infrastructure in each Police District or Armed Police Battalion, as the case may be. (5) The State Government shall ensure that full advantage is taken of the training facilities available in central and regional police training institutions, to adequately train police personnel of the State in specialized professional subjects, and to train the trainers of the State police training institutions. (6) In upgrading their training infrastructure as well as the content and methodologies of their training courses, the training institutions shall take maximum advantage of the standards and practices evolved or guidelines issued by organizations such as the Bureau of Police Research & Development of Government of India, and the National Police Academy. (7) For an objective periodical evaluation of the Training Policy of the State and its implementation, the State police may utilise the available assistance of organizations such as the Bureau of Police Research and Development of Government of India.

(1) The State Government may establish a State Bureau of Police Research & Development withprovision for appropriate staff, funds and other resources to regularly undertake research and analysis on all such subjects and issues which may lead to improvement in the standards of police functioning and performance. The State Government may also sponsor, in other reputed organizations and institutions, special studies and research in subjects having relevance to policing. (2) The State Government may also take appropriate measures to harness developing technology for scientific and technical assistance in the investigation and detection of crime, and other policing tasks. (3) The tasks of the State Bureau of Police Research & Development shall include: (a) preparation of five-year Perspective Plan to modernize and upgrade police infrastructure with the objective of enhancing the professional competence and efficient management of the Police Service. This Plan shall cover mobility, weaponry, communication, training, forensic infrastructure, equipments and protective gears, official and residential accommodation, and any other subject which may have a bearing on qualitative improvement in policing; (b) keeping abreast of the latest equipment and innovative technologies successfully introduced by other police organizations within the country or abroad, and assessing the adaptability or otherwise of such equipment and technologies by the State police. These may include new products, arms and ammunition, riot control equipment, traffic control equipment, police transport, and various scientific and electronic equipments useful for scientific aids to investigation or other policing tasks; (c) liaising and coordinating with the Bureau of Police Research and Development of Government of India, the academia, reputed scientific organizations, institutions and laboratories and private sector undertakings on relevant matters; (d) studying specific and developing problems of policing in the State with the objective of evolving solutions and remedial measures; (e) examining the prevalent system of policing and suggesting structural, institutional, and other changes that need to be introduced in the police to make its functioning more efficient and responsive; and (f) concurrently evaluating and documenting the impact of modernisation and training policies of the State police and reporting its findings to the Director General of Police and the State Government.

The State Government shall formulate a policy for career progression of police personnel in a manner that will ensure avenues for at least three promotions to meritorious police personnel in their career, through a transparent process in accordance with the provisions of Section 48 of Chapter V.

Subject to the approval of the State Government ,The Director General of Police shall be competent to issue orders, not inconsistent with this Act or with any other enactment for the time being in force for: (a) prevention and investigation of crime; (b) maintenance of law and order; (c) regulation and inspection of the police organization, and of the work performed by police officers; (d) regulating the issue and use of arms and ammunition. (e) prescribing the places of residence of members of the Police Service; (f) institution, management and regulation of any nongovernment fund for purposes connected with the police administration or welfare of police personnel; (g) regulation, deployment, movements and location of the police; (h) assigning duties to officers of all ranks and grades, and prescribing the manner and the conditions subject to which, they shall exercise and perform their respective powers and duties; (i) regulating the collection and communication of intelligence and information by the police; (j) prescribing the records registers and forms to be maintained and the returns to be submitted by different police units and officers; and (k) generally, for the purpose of administering this Act and rendering the police more efficient, effective, transparent, impartial, honest, courteous and accountable and preventing abuse of power and neglect of duties by them; (l) wearing of uniform; (m) community policing; (n) functioning of Police Stations and other units/wings; (o) training of the police personnel and management of training institutions; (p) or anything else relating to role, functions, duties and responsibilities of the police.

Police personnel in the State shall be governed by the existing relevant Discipline and Appeal Rules and other Service Conduct Rules in force, as applicable to the Indian Police Service, the State Police Service and others serving in the Police establishment.

(1) Police personnel who are not on leave or under suspension shall, for all purposes of this Act, be considered to be always on duty and may at any time be deployed in any part of the State. (2) The State Government shall, however, ensure the grant of at least one day off in a week to all police personnel or make provision of appropriate compensatory benefits in lieu of such weekly off, if under extraordinary situations the same cannot be granted to any of them. (3) No police officer shall abdicate his duties or withdraw himself from his place of posting or deployment, without proper authorisation. Explanation: An officer who, being absent on authorised leave, fails without reasonable cause to report for duty on the expiry of such leave, shall be deemed within the meaning of this Section to withdraw himself from the duties of his office. (4) No police officer shall engage in any other employment or office of profit whatsoever, other than his duties under this Act.

(1) In addition to the already existing mechanisms and functions, duties and responsibilities of the departmental authorities, accountability of the police shall be further ensured through the additional mechanisms detailed in this Chapter. (2) The State Government shall, within three months of the coming into effect of this Act, establish a State-level Police Accountability Commission herein to be called as Accountability Commission, consisting of a Chairperson, members and such other staff as may be necessary, to inquire into public complaints supported by sworn statement against the police personnel for serious misconduct and perform such other functions as stipulated in this Chapter.

(1) The Accountability Commission shall consist of Chairperson and members with a credible record of integrity and commitment to human rights who will be as follows: (a) a retired officer superannuated in the rank of not below the Principal Secretary to the State Government as Chairperson. (b) a retired police officer superannuated in the rank of not below IGP; and (c) a person with a minimum of 10 years of experience either as judicial officer, practicing advocate in High Court or a professor of law or a retired officer with experience in public administration. (2) The Chairperson and the members of the Accountability Commission shall be appointed out of a panel prepared by a Committee consisting of the following: (a) Home Minister as Chairperson (b) Chief Secretary. (c) Home Secretary. (d) Director General of Police. (3) Vacancies in the Accountability Commission shall be filled up as soon as practicable, and in no case later than three months after a seat has fallen vacant. (4) In selecting members of the Accountability Commission, the Panel shall adopt a transparent process.

A person shall be ineligible to be a member of the Accountability Commission, if he (a) is not a citizen of India; (b) is above 70 years of age; (c) is serving in any police, military or allied organization, or has so served in the twelve months preceding such appointment; (d) is employed as a public servant; (e) holds any elected office, including that of Member of Parliament or State Legislature or any local body; (f) is a member of, or is associated in any manner with, an organization declared as unlawful under an existing law; (g) is an officer-bearer or a member of any political party; (h) has been convicted for any criminal offence involving moral turpitude or for an offence punishable with imprisonment of one year or more; (i) is facing prosecution for any offence mentioned in Sub-section (h) above and against whom charges have been framed by a court of law; or (j) is of unsound mind and has been so declared by a competent court.

(1) The terms of office of a member, and the Chairperson, shall be three years unless: (a) he resigns at any time before the expiry of his terms; or (b) he is removed from the office on any of the grounds mentioned in Section 75. (2) Chairperson and members shall be eligible for reappointment on the expiry of term, provided that they shall not be eligible to hold office for more than two terms. (3)The remuneration, allowances and other terms and conditions of service of the Chairperson and members shall be as notified by the State Government from time to time and shall not be varied to their disadvantage after appointment.

Chairperson or any member of the Accountability Commission may be removed from office, by an order of the State Government on the grounds of: (a) Proven misconduct or misbehavior; (b) Persistent neglect to perform duties of the Accountability Commission; (c) Occurrence of any situation that would make a member ineligible for appointment to the Accountability Commission under Section 79;or (d) Engaging during their term of office in any paid employment outside the duties of office.

(1) The Accountability Commission shall be assisted by adequate staff with requisite skills, for efficient discharge of their function. (2) The strength of the staff may be prescribed by the State Government, keeping in view the size of the State, its population, and the average number of complaints against the police, and shall be periodically reviewed and revised. (3) The staff shall be selected by the Accountability Commission, inter alia, on contract basis, through a transparent process. (4) The remuneration and other terms and conditions of service of the staff shall be as prescribed by the Government from time to time.

The Accountability Commission shall devise its own rules for the conduct of its business. Decisions taken shall be by consensus and in case of difference of view, the majority view shall prevail.

(1) The Accountability Commission shall inquire into allegations of “serious misconduct” against police personnel, as detailed below, either suo motu or on a complaint received from any of the following: (a) a victim or any person on his behalf; (b) the National or the State Human Rights Committee (c) the police; or (e) any other source. Explanation : “Serious misconduct” for the purpose of this chapter shall mean any act or omission of a police officer that leads to or amounts to: (a) death in police custody; (b) grievous hurt, as defined in Section 320 of the Indian Penal Code, 1860; (c) rape or attempt to commit rape; or (d) arrest or detention without due process of law: Provided that the Accountability Commission shall inquire into a complaint of such arrest or detention, only if it is satisfied prima facie about the veracity of the complaint. (2) The Accountability Commission may also inquire into any other case referred to it by the State Government or Director General of Police if, in the opinion of the Commission, the nature of the case merits an independent inquiry. (3) The Accountability Commission may monitor the status of departmental inquiries or departmental action on the complaints of misconduct against gazetted officers of and above the rank of Deputy / Assistant Superintendent of Police through a quarterly report obtained from the Director General of Police, and issue appropriate advice to the police department for expeditious completion of inquiry, if in the Accountability Commission’s opinion the departmental inquiry or departmental action is getting unduly delayed in any such case: Explanation: “Misconduct” in this context shall mean any willful breach or neglect by a police officer of any law, rule, regulation applicable to the police that adversely affect the rights of any member of the public, excluding “serious misconduct” as defined in sub-section (1). (4) The Accountability Commission may also call for a report from, and issue appropriate advice for further action or, if necessary, a direction for a fresh inquiry by another officer, to the Director General of Police when a complainant, being dissatisfied by the outcome of, or inordinate delay in the process of departmental inquiry into his complaint of “misconduct” as defined above, by any police officer, brings such matter to the notice of the Accountability Commission; and (5) The Accountability Commission may lay down general guidelines for the state police to prevent misconduct on the part of the police personnel.

(1) In the cases directly enquired by it, the Accountability Commission shall have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, and in particular in respect of the following matters: (a) summoning and enforcing the attendance of witnesses and examining them on oath; (b) discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing authorities for the examination of witnesses or documents; and (f) any other matter as may be prescribed. (2) The Accountability Commission shall have the power to require any person, subject to legal privilege, to furnish information on such points or matters as, in the opinion of the Accountability Commission, may be useful for, or relevant to, the subject matter of the inquiry, and any person so required shall be deemed to be legally bound to furnish such information within the meaning of Sections 176 and 177 of the Indian Penal Code, 1860. (3) The Accountability Commission shall be deemed to be a civil court, and when any offence, as defined in Sections 175, 178, 179, 180 or 228 of the Indian Penal Code, 1860, is committed in the view or presence of the Accountability Commission, it may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973, forward the case to a Magistrate having jurisdiction to try the same. The Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under Section 346 of the Code of Criminal Procedure, 1973. (4) Every proceeding before the Accountability Commission shall be deemed to be a judicial proceeding within the meanings of Sections 193 and 228, and for the purposes of Section 196 of the Indian Penal Code, 1860, the Accountability Commission shall be deemed to be a civil court for all the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. (5) The Accountability Commission shall have the power to advise the State Government on measures to ensure protection of witnesses, victims, and their families who might face any threat or harassment for making the complaint or for furnishing evidence. (6) The Accountability Commission may visit any Police Station, lock-up, or any other place of detention used by the police and, if it thinks fit, it may be accompanied by a police officer.

No statement made by the person in the course of giving evidence before the Accountability Commission shall subject that person to a civil or criminal proceeding or be used against him in such proceeding, except a prosecution for giving false evidence: Provided that the statement (a) is made in reply to the question which he is required by the Accountability Commission to answer; or (b) is relevant to the subject matter of the inquiry Provided further that on conclusion of the inquiry into a complaint of serious misconduct against the police personnel, if the Accountability Commission is satisfied that the complaint was vexatious, frivolous or malafide, the Commission may impose such fine as considered appropriate, on the complainant.

If, at any stage of the inquiry, the Accountability Commission considers it necessary to inquire into the conduct of any person, or is of the opinion that the reputation of any person is likely to be prejudicially affected by the inquiry, it shall give that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his support: Provided that, nothing in this section shall apply where the credibility of a witness is being impeached.

(1) In the cases directly inquired into by the Accountability Commission, it may, upon completion of the inquiry, communicate its findings to the Director General of Police and the State Government with a direction to:- (a) register a First Information Report, and / or (b) initiate departmental action based on such findings, duly forwarding the evidence collected by it to the police. Such directions of the Accountability Commission shall be binding: Provided that the Accountability Commission, before finalizing its own opinion in all such cases shall give the Director General of Police an opportunity to present the department’s view and additional facts, if any, not already in the notice of the Commission: Provided further that, in such cases, the Accountability Commission may review its findings upon receipt of additional information from the Director General of Police that may have a material bearing on the case. (2) The Accountability Commission may also recommend to the State Government payment of monetary compensation by the Government to the victims of the subject matter of such an inquiry.

(1) The Accountability Commission shall prepare an Annual report at the end of each calendar year, inter alia, containing: (a) the number and type of cases of “serious misconduct” inquired into by it; (b) the number and type of cases of “misconduct” referred to it by the complainants upon being dissatisfied by the departmental inquiry into his complaint; (c) the number and type of cases including those referred to in (b) above in which advice or direction was issued by it to the police for further action; (d) the number of complaints received by the Range Accountability Authorities, and the manner in which they were dealt with; (e) the identifiable patterns of misconduct on the part of police personnel in the State; and (f) Recommendations on measures to enhance police accountability. (2) The annual report of the Accountability Commission shall be laid before the State Legislature in the budget session and shall be a public document, made easily accessible to the public. (3) The Accountability Commission may also prepare special reports with respect to specific cases directly inquired into by it. These reports shall also be made easily accessible to the public.

(1) The complainant may lodge his complaint relating to any “misconduct” or “serious misconduct” on the part of police personnel with either the departmental police authorities or with the Accountability Commission: Provided that no complaint shall be entertained by the Accountability Commission if the subject matter of the complaint is being examined by any other commission, or any court. (2) In cases where a complainant has lodged a complaint with the police authorities, he may inform the Accountability Commission at any stage of the departmental inquiry about any undue delay in the processing of the inquiry. (3) The complainant shall have a right to be informed of the progress of the inquiry from time to time by the Accountability Commission Upon completion of inquiry or departmental proceedings, the complainant shall be informed of the conclusions of the same as well as the final action in the case at the earliest. (4) The complainant may attend all hearings in an inquiry concerning his case. The complainant shall be informed of the date and place of each hearing. (5) All hearing shall be conducted in a language intelligible to the complainant. In a case where hearings cannot be conducted in such a language, the services of an interpreter shall be requisitioned if the complainant so desires. (6) Where upon the completion of the departmental inquiry, the complainant is dissatisfied with the outcome of the inquiry on the grounds that the said inquiry violated the principles of natural justice, he may approach the Accountability Commission for appropriate directions.

(1) All police officers and authorities shall refer all allegations of serious misconduct against police personnel, coming to their notice, to the Accountability Commission. (2) It shall be the duty of the heads of the district police and of the State police as well as of any other concerned State agency to provide to the Accountability Commission all information they may reasonably require to perform their duties provided for in this Chapter.

Whoever influences or interferes with the functioning of the Accountability Commission, except in the course of lawful duty, shall, on conviction by a court of law, be liable to a fine upto Rs. 10,000/- or to an imprisonment for a term not exceeding one year, or both. Explanation: Any threat, coercion or inducement offered to any witness or victim of police misconduct or serious misconduct, shall be deemed to be interference with the functioning of the Accountability Commission for the purpose of this Section.

It shall be the duty of the Accountability Commission to ensure that all its members, and other staff is regularly trained, inter alia, about: (a) technical and legal issues related to departmental inquiries; (b) specific forms of human rights violation; and (c) appropriate handling of victims of police abuse.

As mentioned earlier, the State Security Commission created under Section 35 of Chapter V shall regularly evaluate and review the performance of the Police Service in the state as a whole and also district-wise. For this purpose, the Commission shall: (a) identify performance indicators to evaluate the functioning of the Police Service, which shall, inter alia, include operational efficiency, public satisfaction, victim satisfaction vi-a-vis police investigation and response, accountability, impartiality, honest policing, courteous behavior, optimum utilization of resources, and observance of human rights standards, and suggest ways and means to improve the same; (b) review and evaluate organizational performance of the State police against: (i) the Annual Plan provided for in Section 34 of Chapter V of this Act, (ii) performance indicators as identified and laid down by the Board itself (iii) resources available with, and constraints of the police; and (c) lay down policy guidelines for gathering information and statistics related to police work.

No suit or other legal proceeding shall lie against the State Government, the State Security Commission, its members and staff, the Police Accountability Commission, its members, staff or any person acting under the direction of the State Security Commission, Police Accountability Commission in respect of anything which is in good faith done or intended to be done in pursuance of the provisions of this Chapter.

The State Government shall ensure that required funds are provided to the State Security Commission, Police Accountability Commission for effective performance of their functions and that the police shall not be required to provide them with any material or human resources for their smooth functioning.

(1) There shall be a Police Welfare Bureau, (hereinafter referred to as ‘Bureau’) headed by an officer not below the rank of Deputy Inspector General of Police, in the office of the Director General of Police to advise and assist him in the implementation of welfare measures for police personnel. (2) The functions and duties of the Bureau, shall, inter alia, include administration and monitoring of welfare measures for police personnel such as: (a) health care, particularly in respect of chronic and serious ailments, and including post-retirement health care schemes for police personnel and their dependents; (b) full and liberal medical assistance to police personnel suffering injury in the course of performance of duty; (c) financial security for the next of kin of those dying in harness; (d) post-retirement financial security; (e) group housing; (f) education and career counseling and training in appropriate skill for dependents of police officers; and (g) appropriate legal facilities for defence of police officers facing court proceedings in matters relating to bonafide discharge of duty. (3) The Bureau shall have as many members as prescribed, and shall comprise representatives from all police ranks. It may also include other members in an advisory capacity. The members of the Bureau shall be nominated by the Director General of Police. (4) The Bureau shall lay down norms and policies relating to police welfare, and monitor welfare activities undertaken by various police units in the State. (5) The Bureau shall interact with other government departments, public sector undertakings and other organizations to facilitate gainful employment for retired police officers, and for the dependents of police personnel who have laid down their lives in due discharge of their duties. (6) A Police Welfare Fund, under the administration and control of the Bureau, shall be created for the welfare activities and programmes for police personnel, which will have two components: (a) outright financial grant by the State; and (b) matching grant by the State to the contributions made by the police personnel, towards the welfare fund.

(1) There will be Staff Councils at District/Unit levels for timely and effective grievance redressal. The same shall meet at least twice in a year. (2) There shall also be a State-level Staff Council for redressal of grievances which cannot be remedied at the level of District/Unit level Staff Councils. (3) In addition to the above mechanism, SP level officers shall hold Grievance Redressal Day once in a week, DIGs once in a month, IGPs/ADGs once in two months and DGP once in a quarter in their office chambers when any member of the Police Department including the ministerial staff can meet them for redressal of grievances. (4) The grievances that cannot be redressed by the said mechanism shall be forwarded to the State Government for remedial measures. (6) An analysis of the grievances, their causes and their impact on the morale and efficiency of the Police Service shall be carried out annually.

The State Government may take effective steps to ensure that the average hours of duty of a police officer do not normally exceed eight hours a day: Provide that in exceptional situations, the duty hours of a police officer may extend up to 12 hours or beyond. In such cases adequate compensation and facilities shall be provided to the police personnel.

(1) The Director General of Police will constitute a Committee of senior officers headed by an Additional Director General of Police or Inspector General of Police which will go through citations received for Gallantry Medal, President’s Police Medal for Distinguished Service, Indian Police Medal for Meritorious Service, Governor’s Medal, Meghalaya Day Award or other medals/awards which may be instituted by Central or State Government from time to time. The Committee shall make its recommendations to the DGP on the basis of citations, ACRs, awards / rewards and appreciation letters received by the persons concerned and other relevant criteria as may be laid down by the DGP in this regard. (2) Officers of the ranks of Superintendent of Police and above shall sanction suitable money rewards to the police personnel of the rank of Inspector and below as an appreciation of good work done by them. The DGP, ADGP, IGP, DIG and Officers of the rank of SP will be authorized to sanction money rewards up to amounts as may be prescribed by the State Government. (3) Director General of Police shall, once in a year, award Commendation Certificates to police personnel who are found to have performed their duties with distinction or in an exemplary way. The Commendation Certificate will not exceed 50 in any year.

The State Government on the recommendation of the Director General of Police may approve bravery and meritorious and distinguish service to any police personnel.

(1) The District Superintendent of Police or an officer not below the rank of Assistant/Deputy Superintendent of Police, may where necessary, direct the conduct of all assemblies and processions on any public road, street or thoroughfare, and prescribe the routes by which and the time at which such procession may pass. (2) It shall be the duty of any person intending to organize a procession on any road, street or thoroughfare, or to convene an assembly at any public place, to give intimation in writing to the officer in charge of the concerned Police Station. (3) The District Superintendent of Police or any officer not below the rank of Assistant/Deputy Superintendent of Police, on receipt of such intimation or otherwise, and upon being satisfied that such an assembly or procession, if allowed without due control and regulation, is likely to cause a breach of peace, may prescribe necessary conditions including making provision for satisfactory regulatory arrangements, on which alone such assembly or procession may take place. Under special circumstances to be recorded in writing, the concerned officer may also prohibit the assembly or procession in public interest. All order and directions should be given within 48 hours of receipt of intimation, as far as possible.

(1) The District Superintendent of Police or any Police Officer not below the rank of Sub-Inspector, authorized in this behalf by the District Superintendent of Police, may stop any assembly or procession which violates the conditions set under sub-sections (1) and (3) of Section 107, and order such assembly or procession to disperse. (2)Any assembly or procession which neglects or refuses to obey any order given under sub-section (1) above shall be deemed to be an “unlawful assembly” under Chapter VIII of the Indian Penal Code 1860.

The District Superintendent or any officer not below the ranks of Assistant / Deputy Superintendent of Police may regulate the time and the volume at which music and other sound systems are used in connection with any performances and other activities in or near streets or any public place that cause annoyance to the residents of the neighbourhood.

(1) The District Superintendent of Police or any other Police Officer authorized by him in this behalf, through a general or special order, may give reasonable directions to the public to keep order on public roads and streets, thoroughfares, or any public place, in order to prevent obstruction, injury, or annoyance to passers by or pollution. (2) The District Superintendent of Police may issue general direction under sub-Section (1), in respect of the whole district or any part thereof, as per procedure laid down in Sanction 120.

Any person not obeying the lawful orders issued under Sections 98,99 and 101 may be arrested and on conviction by a court of law, shall be liable to a fine of Rs. 5,000/-.

(1)The District Superintendent of Police may, by public notice, temporarily reserve for any public purpose any street or other public place, and prohibit the public from entering the areas so reserved, except on such conditions as may be specified. (2) The District Superintendent of Police may authorise any police officer to erect barriers and other necessary structures on public roads and streets, to check vehicles or occupants thereof for violation of any legal provisions by them. (3) In making such order, the District Superintendent of Police shall prescribe the necessary steps for ensuring the safety of passersby. (4) The temporary structures shall be removed once the purpose for which they were installed is over.

Any person, who obstructs the discharge of duties and functions of a police officer, shall, on conviction, be liable to simple imprisonment not exceeding three months or fine of Rs. 5,000/- or both.

Whoever, not being a member of the Police Service, wears, without obtaining permission from an officer authorized in this behalf by the State Government by a general or special order, a police uniform or any dress having the appearance or bearing any of the distinctive marks of that uniform, shall, on conviction, be punished with imprisonment not exceeding three months or fine of Rs. 5,000/- or both.

Whoever, having ceased to be a police officer, does not forthwith deliver up his certificate of appointment, clothing, accoutrements and other wherewithal supplied to him for the execution of his duty, shall on conviction by a court of law, be liable to a fine of Rs. 3,000/-.

Whoever makes a false statement or a statement which is misleading in material particulars to police for the purpose of obtaining any benefit shall, on conviction, be punished with imprisonment for a term which may extend to three months or a fine of Rs. 5,000/- or both.

(1) Whoever, being a police officer: - (a) willfully breaches or neglects to follow any legal provision, procedure, rules, regulations applicable to members of the Police Service; or (b) without lawful reason, fails to register a First Information Report as required by Section 154 of the Code of Criminal Procedure, 1973; or (c) is found in a state of intoxication, while on duty; or (d) Malingers or feigns illness or injury or voluntarily causes hurt to himself with a view to evading duty; or (e) acts in any other manner unbecoming of a police officer, shall, on conviction, be punished with imprisonment for a term which may extend to three months or with a fine of Rs. 5,000/- or both. (2) Whoever, being a police officer: - (a) is guilty of cowardice; or (b) abdicates duties, with service weapons, (c) uses criminal force against another police officer, or indulges in gross insubordination; or (d) engages himself or participates in any demonstration, procession or strike, or resorts to, or in any way abets any form of strike, or coerces or uses physical force to compel any authority to concede anything; or (e) is guilty of sexual harassment in the course of duty, whether towards other police personnel or any member of the public; shall, on conviction, be punished with imprisonment for a term which may extend to one year or with a fine of Rs. 10,000/- or both.

(1) Any person who commits any of the following offences on any road, or street or thoroughfare, or any open place, within the limits of any areas specially notified by the State Government or a Local Government for the purpose of this Section, to the inconvenience, annoyance or danger of the residents or passers-by shall, on conviction by a court, be liable to a fine of Rs. 5,000/- and on subsequent conviction, fine of Rs. 10,000/-. (a) allowing any cattle to stray, or keeping any cattle or conveyance of any kind standing longer than is required for loading or unloading or for taking up or setting down passengers, or leaving any conveyance in such a manner as to cause inconvenience or danger to the public; (b) being found intoxicated and riotous; (c) neglecting to fence in or duly protect any well, tank, hole or other dangerous place or structure under his charge or possession; or otherwise creating a hazardous situation in a public place; (d) defacing, or affixing notices, or writing graffiti on walls, buildings or other structures without the prior permission of the custodian of the property; (e) willfully entering or remaining without sufficient cause in or upon any building belonging to the Government or land or ground attached thereto, or on any vehicle belonging to Government; (f) knowingly spreading rumours or causing a false alarm to mislead the police, fire brigade or any other essential service or; (g) willfully damaging or sabotaging any public alarm system; (h) knowingly and willfully causing damage to an essential service, in order to cause general panic among the public; (i) acting in contravention of a notice publicly displayed by the competent authority in any government building : Provided that the police shall take cognizance of this offence only upon a complaint made by an authorized functionary of the concerned office; (j) causing annoyance to a woman by making indecent overtures or call or by stalking. (2) It shall be lawful for any police officer to take into custody, without a warrant, whoever commits any of the offences mentioned in sub-Section (1).

(1) All general directions, regulation, and public notices issued under this Chapter shall be published by posting notices in the office of the District Magistrate of the local area as well as in the locality affected, by affixing copies in conspicuous places near the building or place to which the notice specially relates, or by announcing it by the beating of drum or by advertising in local newspapers and other media, or by any other means as the Superintendent of Police may deem fit: Provided that the Superintendent of Police may, on being satisfied that it is in public interest to bring any regulation into force with immediate effect, make such direction or regulation without previous publication. (2) If any direction or regulation made under this section relates to any matter with respect to which there is a provision in any law, rule or by law of the Corporation or of any other Municipal or Local Authority in relation to public health, convenience or safety of the locality, such regulation shall be subject to such law, rule or by law.

(1) No court shall take cognizance of any offence under this Act when the accused person is a police officer except with the previous sanction of an officer authorized by the State Government in this behalf. (2) No court shall take cognizance of any offence against the members of ACB/CID and Special Branch alleged to have been committed in course of performance of his duty in conducting trap/covert operation, in the interest of maintenance of Public order, internal and national security except with the previous sanction of the State Government.

Subject to the provision contained in Section 300 of the Code of Criminal Procedure, 1973, nothing in this Act shall be construed as preventing any person from being prosecuted and punished under any other law for anything made punishable by this Act.

(1) A court taking cognizance of an offence punishable under Sections 102 and 110 may state, upon the summons to be served to the accused person, that he may, by a specified date prior to the hearing of the charge, plead guilty to the charge by registered letter, and remit to the court such sum as the court may specify. (2) Where an accused person pleads guilty and remits the sum specified in the summons under sub-Section (1), no further proceedings in respect of the offence shall be taken against that person.

Provisions of Sections 64 to 70 of the Indian Penal Code, 1860 and Section 386 to 389 of the Code of Criminal Procedure, 1973 shall apply to penalties and fines imposed under this Act on conviction before a Magistrate : Provided that notwithstanding anything contained in Section 65 of the Indian Penal Code, 1860, any person sentenced to fine under Sections 102and 110 of this Chapter may be imprisoned in default of payment of such fine, for any period not exceeding eight days.

No court shall take cognizance of any offence under this Chapter after the expiry of the period of limitation provided for in Section 468 of the Code of Criminal Procedure, 1973. For computing the limitation period, provisions of Chapter XXXVI of the Code of Criminal Procedure shall apply.

All fees paid for licences or written permission issued under this Act, and all sums paid for the service of processes by police officers and all rewards, forfeitures and penalties or shares thereof which are by law payable to police officers as informers shall, save in so far as any such fees or sums belong under the provisions of any enactment in force to any local authority, be credited to the State Government: Provided that with the sanction of the State Government, or under any rule made by the State Government in that behalf, the whole or any portion of any such reward, forfeiture or penalty may for special services, be paid to a police officer, or be divided amongst two or more police officers.

Any order or notification published or issued by the State Government or by a Magistrate or officer under any provision of this Act, and the due publication or issue thereof may be proved by the production of a copy thereof in the Official Gazette, or of a copy thereof signed by such Magistrate, or officer, and by him certified to be a true copy of an original published or issued according to the provisions of the section of the Act applicable thereto.

No rule, regulation, order, direction, or notification made or published and no adjudication, inquiry or act done under any provision of this Act, or under any rules made thereunder, which is in substantial conformity with the same, shall be deemed illegal, void or invalid by reason of any defect of form.

Whenever in consequence of the office of a Magistrate or police officer becoming vacant, any officer holds charge of the post of such Magistrate, or police officer or succeeds, either temporarily or permanently, to his office, such officer shall be competent to exercise all the powers and perform all the duties respectively conferred and imposed by this Act on such Magistrate or police officer, as the case may be.

Any license or written permission granted under the provisions of this Act shall specify the period and locality for which and the conditions and restrictions subject to which, the same is granted, and shall be given under the signature of the competent authority and such fee then be charged thereof as may be prescribed by any rule under this Act in that behalf.

Any license or written permission granted under this Act may at any time be suspended or revoked by the competent authority, if any of its conditions or restriction are infringed or evaded by the person to whom it has been granted, or if such person is convicted of any offence in any matter to which such licence or permission relates.

When any such licence or written permission is suspended or revoked, or when the period for which the same was granted has expired, the person to whom the same was granted shall for all purposes of this Act, be deemed to be without a licence or written permission until the order for suspending or revoking the same is cancelled, or until the same is renewed, as the case may be.

Every person to whom any such licence or written permission has been granted, shall, while the same remains in force, at all reasonable time, produce the same, if so required by a police officer. Explanation: For the purpose of this section any such infringement or evasion by, or conviction of, a servant or other agent acting on behalf of the person to whom the licence or written permission has been granted shall be deemed to be infringement or evasion by, or as the case may be, conviction of the person to whom such licence or written permission has been granted.

Any public notice required to be given under any of the provisions of this Act shall be in writing under the signature of a competent authority and shall be published in the locality to be affected thereby, by affixing copies thereof in conspicuous public places, or by proclaiming the same with beat of drums, or by advertising the same in such local newspaper-English or regional language or Hindi as the said authority may deem fit, or by any two or more of these means and by any other means it may think suitable: Provided that the competent authority may, on being satisfied that it is in public interest to bring any regulation into force with immediate effect, make such direction or regulation without previous publication.

Whenever under this Act, the doing or the omitting to do anything or the validity of anything depends upon the consent, approval, declaration, opinion or satisfaction of a competent authority, a written document signed by a competent authority purporting to convey or set forth such consent, approval, declaration, opinion or satisfaction shall be sufficient evidence thereof.

Subject to any order which Central Government may make in this behalf, a member of the Meghalaya police may discharge functions as laid down in law, in any other State and shall, while discharging such functions, be deemed to be a member of the Police Service of that State and shall be vested with powers, functions and privileges and be subject to liabilities of a member of the Police Service of that State.

In the case of any rule or order made by the State Government under an authority conferred by this Act and requiring the public or a particular class of persons to perform some duty or act, or to conduct or order themselves or those under their control in a manner therein described, it shall be competent to any aggrieved person to make a representation to the State Government to annul, reverse, or alter the aforesaid rule or order.

Subject to any order which Central Government may make in this behalf, a member of the Meghalaya police may discharge functions as laid down in law, in any other State and shall, while discharging such functions, be deemed to be a member of the Police Service of that State and shall be vested with powers, functions and privileges and be subject to liabilities of a member of the Police Service of that State.

No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rules made there under.

The Government may make rules for carrying out the purposes of this Act.

(1)If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by notification in the Official Gazette, make such provisions as it deems necessary or expedient for removing the difficulty: Provided that no such removal shall be made after a period of two years from the commencement of this Act. (3) Every notification issued under this section shall, as soon as may be after it is issued, be laid before the legislative assembly.

(1) Every rule and regulation made under this Act shall be made by notification in the Official Gazette. (2) Every rule and regulation made under this Act shall be laid, as soon as may be after it is made, before the State Legislature, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the State Legislature agrees in making any modification in the rule or regulation, as the case may be, or agrees that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.

In furtherance of the objective and inconformity with the principle of this Act, the State Government may issue any direction; constitute any Committee, Commission and Advisory body to ensure security, public order and such related matter.

Any dispute with matters of interpretation in the Act or Rules to be framed herein after, the decision of the Government shall be final.

(1) The Police Act 1861 (Act V of 1861), in its application to the State of Meghalaya and the Meghalaya Village Defense Organization Act 1966 (Assam Act no. XXII of 1966 as adapted by the Govt. of Meghalaya) are hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the Acts so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act.