POLICE ADMINISTRATION IN THE CONTEXT OF PUBLIC ORDER
AND INTERNAL SECURITY
Internal security 62- (1) The Director General of Police shall, with the approval of the State Schemes Government, form an Internal Security Scheme to deal with the problems of Public order and security of the entire State. The Internal Security Schemes for the District shall be prepared jointly by the concerned District Magistrate and Superintendent of Police.
(2) The Internal Security Schemes shall be reviewed and revised as necessary at least once in three years, provided that the work of revision may be completed before the expiry of three years from the date of preceding review/ revision.
(3) The Internal Security Schemes shall, inter alia, cover the role of the civil administration and the police with regard to the security of any establishment or installation, relating to important infrastructure, if any, located in the area.
(4) While preparing the Internal Security Schemes, the Director General of Police, the District Magistrates and the Superintendents of Police, as the case may be, shall take into consideration the contingencies of specific law and order problems and security requirements that may arise in such situations.
(5) The Internal Security Schemes shall incorporate, regularly updated and comprehensive Standard Operating Procedures for the action to be taken by the civil administration and the police and other State Government Departments.
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CHAPTER VIII
POLICE ACCOUNTABILITY
Additional 63- In addition to the existing mechanisms, functions, duties and responsibilities of the departmental authorities, accountability of the police shall be further
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mechanism for insured through the additional mechanism detailed in this chapter. police
accountability
1 {State and 64- (1) The State Government shall constitute a State Police Complaint Authority, District Police (hereinafter referred to as the 'Authority') for discharge the functions given complaints in section 71, consisting of a Chairperson and maximum four other Authority Members.
(2) (a) In view to the prevalent revenue police provision and regular police provision in the State for the District of the Kumauon region a District Complaint Authority shall be constituted. The jurisdiction of this Authority shall be all the districts of the Kumaun region means Nainital, Uddhamsingh Nagar, Almora, Bagehswar, Champawat and Pithoragarh.
(b) In the said continuation for the districts of the Garhwal region a District Complaint Authority in Dehradun for the district Dehradun shall be constituted. The jurisdiction of this Authority shall be all the districts of the Garhwal region means Dehradun, Haridwar, Pouri, Chamoli, Rudrapryag, Tehri and Uttarkashi.}
2 {Compositio 65- The State Police Complaint Authority shall have one Chairperson and maximum
n of the State four other Members.}
Police Complaint Authority 3 {Compositio 65.A The District Police Complaint Authority shall have one Chairperson and two
n of the other Members.}
District Police Complaint
Authority
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1-Subs. by section 3 of UK Act no.27 of 2018. 2- Subs. by section 4(i) of UK Act no. 27 of 2018. 3- Ins. by section 4(ii) of UK Act no. 27 of 2018.
1 {Ineligibility 66- (1) A person shall not be eligible to be a member of the State/District Police
for member-
Complaint Authority, if he/she-
ship of the State/District (a) is not a citizen of India;
Police
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Complaint (b) is above 70 years of age;
Authority
(c) is serving in any police, military or allied organization;
(d) is employed as a public servant;
(e) holds any elected office, which include Member of Parliament or Member of State Legislature or of 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 office bearer or a member of any political party;
(h) has been convicted for any offence or against whom charges have been framed by any court of law; or
(i) is a person of unsound mind and has been so declared by a competent court.
(2) Appointment: (a) The Chairperson of the State Police Complaint Authority shall be retired judge of the Hon'ble Supreme Court / Hon'ble High Court. The appointment of the Chairperson of the State Police Complaint Authority may be made by the State Government only amongst from the panel of retired judges suggested by the Hon'ble Chief Justice of the High Court.
(b) The appointment of the members of the State Police Complaint Authority shall be made by the State Government from the panel of the names prepared by the State Human Right Commission / Lokayukta/ State Public Service Commission and the panel of names for the selection of members of State Human Right Commission/ Lokayukta/ State Public Service Commission shall be prepared from amongst the retired civil servants/ police officers/ retired officers of other department and civil society.
(3) (a) The retired District Judge shall be appointed as the Chairperson of the District Police Complaint Authority and the appointment of Chairperson of District Police Complaint Authority may be made by the State Government, amongst from the panel of names suggested by the Chief Justice of Hon'ble High Court or justice of Hon'ble High Court nominated by him;
(b) The appointment of the members of the District Police Complaint Authority shall be made by the State Government, amongst from the panel of the names prepared by the State Human Rights Commission/ Lokayukta / State Public Service Commission and the panel of names for the selection of members of State Human Rights Commission / Lokayukta/ State Public Service Commission may be prepared from amongst the retired civil servants/ police officers/ retired officers of other departments and civil society.}
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1-Subs. by section 5 of UK Act no.27 of 2018.
1 {Term of 67- (1) The term of office of a member and the Chairperson shall be three years office and unless--
conditions of
service of (a) he resigns at any time before the expiry of his term; or Chairperson
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and Members (b) he is removed from the office on any of the grounds, mentioned under of the State section 68.
and District
Police (2) The Chairperson and the members shall be eligible for reappointment. Complaint (3) The remuneration, allowances and other terms and conditions of service of the Authority} members shall be such, as may be notified by the State Government from time to time.
2 { Removal of 68- The Chairperson or any member of the State and District Police Complaint Chairperson Authority may be removed from his office by an order of the Governor on the and Members
of the State following grounds-
and District (a) Proven misconduct or misbehavior;
Police
Complaint (b) Persistent negligence to perform duties of the Authority; Authority (c) Occurrence of any such situation, that would make a member ineligible for appointment to the Authority under sub-section (1) of Section 66; or
(d) Any member engaging himself, during his term of office, in any paid employment outside the duties of his office.}
3 {Staff of the 69- (1) The State Government shall provide staff to the members of the Authority. State and
District Police (2) The strength of the staff shall be prescribed by the State Government. Complaint (3) The staff shall be selected by the Authority in accordance with the procedure, Authority} prescribed by the Government.
(4) The remuneration and other terms and conditions of service of the staff shall be a notified from time to time by the State Government.
(5) {For field inquiries in the State/District Police Complaint Authority, the retired officers may be attached as per necessity from the CID/ Intelligence / vigilance and other inquiry Agencies.}4 Conduct of 70-5{The State Police Complaint Authority shall frame rules for the conduct business of business on its own for itself and for District Police Complaint Authority with the approval of the Government.}
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1-Subs. by section 6 of UK Act no.27 of 2018.
2-Subs. by section 7 of UK Act no.27 of 2018.
3-Subs. by section 8(i) of UK Act no.27 of 2018.
4-Ins. by section 8(ii) of UK Act no.27 of 2018.
3-Subs. by section 9 of UK Act no.27 of 2018.
1 {Functions of 71- (1) (a) The State Police Complaint Authority shall inquire into the the State/
complaints against the police officers of the Additional Police District Police
Complaint Superintendent and higher status to them.
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Authority (b) The Authority shall forward the complaint of misconduct received directly by it to the Home Department of the State Government for further proceeding;
Provided that no cognizance shall be taken in anonymous complaints.
(c) The Authority may inquire into allegations of "serious misconduct"
against police personnel, on a complaint received by it.
Explanation: "Serious misconduct" for the purpose of this Chapter, means any act of a police officer, due to which charges may be framed for the following:-
(a) death in police custody;
(b) grievous hurt, as defined under Section 320 of the Indian Penal Code, 1860;
(c) rape or attempt to commit rape;
(d) arrest or detention without due process of law;
(e) violation of human rights; or
(f) Corruption.
(d) The Authority may also inquire into any other case, referred to it by the State Government or the Director General of Police if, in the opinion of the Authority, the nature of the case is fit for independent inquiry.
(e) The Authority may monitor the status of departmental inquiries or departmental action on the complaints of "misconduct" against gazetted officers, through quarterly reports, obtained periodically from the Director General of Police, and may give appropriate advice to the State Government for completion of action in such cases.
(f) The Authority may also call for a report from the Director General of Police and may issue appropriate advice for further action or a direction for a fresh inquiry by another officer, when a complainant, on 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 Authority.
(g) The Authority may suggest general guidelines for the State Police to prevent misconduct on the part of police personnel's.
(2) Functions of the District Police Complaint Authority :
(a) The District Police Complaint Authority shall proceed on the complaint against the police officers of the Deputy Superintendent of Police and lower status police officers / personnel's.
(b) The District Police Complaint Authority shall enquire and shall recommend departmental /criminal proceeding in the matter of serious misconduct which is death in police custody, grievous hurt or cases of rape and in addition to it forcefully recovery by the police personnel's,
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the illegal possession on the lands and buildings etc. and other serious incidents which shows misuse of the post.}
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1-Subs. by section 10 of UK Act no.27 of 2018.
1 {Powers of 72- (1) The State and District Police Complaint Authority shall have the power to the State and require any person, subject to legal privilege, to furnish information on such District Police points or matters as, in the opinion of the Authority, may be useful for, or Complaint relevant to, the subject matter of the inquiry and any person so required, shall
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Authority be deemed to be legally bound to furnish such information within the meaning of Section 176 and 177 of the Indian Penal Code, 1860.
(2) The State and District Police Complaint Authority, for discharging its duties under this Chapter, shall have the power of a Civil Court.
(3) In the cases enquired directly by it, the State and District Police Complaint Authority may, upon the completion of the enquiry, communicate its finding to the State Government and recommend suitable action. The recommendations regarding the disciplinary proceeding against any misconduct police personnel by the aforesaid constituted State/ District Police Complaint Authority, it shall be binding on the State Government by means in continuation of recommendation made by the said authorities to initiate proceeding against the misconduct police personnel according to the principle of natural justice by giving sufficient opportunity of being heard by giving notice according law, the proceeding shall be execute by the State Government. If the recommendation made for disciplinary action against of any misconduct police personnel by the State Police Complaint Authority then in such condition it may be challenged by the concerning misconduct personnel in the appropriate court according to the constitutional rights conferred him by the Constitution of India.}
2 {Reports of 73- {(1) The State Police Complaint Authority shall prepare an annual report at the the State end of each calendar year, inter alia, containing the following, with such /District Police
Complaint other things -
Authority } (a) the number and type of cases of "serious misconduct", which have been inquired into by it;
(b) the number and type of cases of "serious misconduct", which have been 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 patterns of 'misconduct' committed by the police personnel in the State, which has been identified; and
(e) recommendations relating to measures to enhance police accountability.}3
(2) The annual report of the Authority shall be laid before the State Assembly. The report shall be a public document, which shall be accessible to the public.
(3) The Authority may also prepare special report with respect to specific cases, directly inquired into by it. These reports shall also be made accessible to the Public.
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2-Subs. by section 12(i) of UK Act no.27 of 2018. 3-Subs. by section 12(ii) of UK Act no.27 of 2018. Rights of the 74- (1) Any person may lodge his complaint, relating to any "misconduct" or Complainant "serious misconduct" on the part of police personnel, with the1{related
49
Authority}; Provided that no complaint shall be entertained by the1{related Authority}, if the subject matter of the complaint is being examined by any other Authority or any court established by law,
(2) In cases, where a person has lodged a complaint with the police authorities, he may inform the Authority, 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 Inquiring Authority (the concerned police Authority or the Authority), Upon completion of inquiry or departmental proceeding, the complainant shall, as soon as may be, informed of the conclusions of the same.
Protection of 75- No suit or other legal proceeding shall lie against the State Government, the action taken in State Police Board, its members and staff, the Police Complaints Authority, its good faith Member and staff or any person acting under the direction of the Board or the Authority, in respect of anything, which is done or intended to be done in good faith in pursuance of the provisions of this Act.
Funding 76- For the efficient performance of duties, a separate component in appropriate major head of the State budget, as the State Government may determine,, shall be provided,
CHAPTER IX
WELFARE AND GRIEVANCE REDRESSAL
Welfare of 77- (1) The Director General of Police shall be responsible for the implementation of Police the welfare measures for the police officers and other personnel under his Officers supervision and control.
(2) The State Government may, in this regard, appoint one or more police officers to advise and assist the Director General of Police. Police Welfare 78- (1) There shall be a Police Welfare Bureau (hereinafter referred to as the Bureau), Bureau which shall be headed by an officer, who shall not be below the rank of Deputy Inspector General of Police.
(2) The function 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, which include the post-retirement health care schemes for police officers and other personnel and their dependents, as are applicable to the employees of State Government;
(b) Medical assistance to police officers and other personnel, suffering injury in the course of the performance of duty, as determined by the State Government;
(c) Financial assistance to the next of kin of those dying in action, as determined by the State Government;
(d) Education and career counseling and training in appropriate skills for dependents of police officers and other personnel, as determined by the State Government; and
(e) Appropriate legal facilities, relating to bona fide discharge of duties, as determined by the State Government.
(3) The composition of the Bureau and its powers and functions shall be such, as may be prescribed by the State Government.
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1-Subs. by section 13 of UK Act no.27 of 2018. Insurance and 79- (1) The State Government shall prescribe an Insurance Coverage for all police Risk officers against injury, disability, or death caused while on duty. Allowance (2) The State Government may also prescribe an allowance for Police Officers, posted in special wings carrying aggravated risks, as per State Government rules.
Grievance 80- (1) The Director General of Police, with the approval of the State Government, redressal shall put in place a fair, transparent, and participatory grievance redressal mechanism, by way of Regulations, for looking into individual as well as collective grievances of the police personnel. The grievances shall be liberally entertained.
(2) This mechanism shall ensure a right of appeal to the aggrieved party, if he is not satisfied with the disposal of his grievance at the first level.
CHAPTER X
GENERAL OFFENCES, PENALTIES AND RESPONSILITIES
Offences of 81- (l) Any person, who commits any of the following offences, on any road, or disorderly street, thoroughfare, or any open place, which may cause inconvenience, conduct annoyance or danger to the residents or passers-by, shall, on being found guilty by a court, be punished with a fine minimum Rs. Five Hundred and maximum Rs. One Thousand, such as -
(a) being found intoxicated and riotous or found to be committing a nuisance in public;
(b) knowingly spreading rumors or causing a false alarm to mislead the police, fire brigade, or any other essential service.
(2) It shall be lawful for any police officer to take into custody without a warrant, any individual, who commits any of the offences mentioned under sub- section (1) and fails to compound that offence on the spot.
(3) The offences mentioned under this section, may be compounded on the spot, on depositing half of the minimum prescribed amount with the police officers, specially empowered in this behalf.
(4) A person, detained in custody under sub-section (1), shall be released as soon as the offence has been compounded, otherwise such person shall be produced before the Magistrate, having jurisdiction within 24 hours of being taken into custody.
Coordination 82- (1) For effective management of law and order in a Division, wherever required, coordination among various other agencies and State Government shall be made by the Divisional Commissioner.
(2) For effective management of law and order in a District, wherever required, coordination among various other agencies and State Government shall be made by the District Magistrate.
(3) For the purpose of coordination, the District Magistrate, may call for information of a general or special nature, as and when required, from the Superintendent of Police of a district and heads of other departments of the district. Where the situation so demands, the District Magistrate shall pass
51
appropriate written orders and issue directions to achieve the objective coordination.
(4) For the purpose of coordination, on receiving directions from the District Magistrate, heads of all concerned departments shall ensure that full assistance is rendered to the Superintendent of Police of the district. Penalty for 83- (1) Any person, not complying the lawful orders, issued under section 51, 52, 53 disobeying and sub-section (3) and (4) of section 81, shall be prosecuted in a court of orders or competent jurisdiction and on conviction, shall be liable to a fine, which may directions extend upto rupees ten thousand.
(2) However, the offence under section 51, 52 and 53 maybe compounded on the spot, if a fine, amounting to half of the maximum prescribed, is deposited with the Officer-in- charge of the concerned Police Station. Unauthorized 84- Whoever, not being a police officer, wears a police uniform or any dress use of police having the appearance or bearing - any of the distinctive marks of that uniform uniform, without being authorized by the State Government or as the case may be, by an officer authorized by the State Government, shall, on conviction, be punished with imprisonment, which may extend up to six months or fine, which may extend up to rupees five thousand or with both. . Penalties for 85- Every Police officer -
neglect of duty
(a) who is guilty of violation of any duty or of willful breach or of neglect of any by police
officer etc. rule or regulation of lawful order by a competent authority; or
(b) who has withdrawn from the duties of his office without permission or without having given prior notice; or
(c) who, being absent on leave, has failed, without reasonable cause, to report himself / herself to duty on the expiration of such leave; or
(d) who has engaged him self her self, without authority, in any employment other than his police duty; or
(e) who is found guilty of cowardice; or
(f) who has been found inflicting any unwarranted personal violence to any person in his custody; or
(g) who, without lawful reasons, fails to register a First Information Report, as required by section 154 of the Code of Criminal Procedure, 1973; or
(h) who is found in a state of intoxication, while on duty; or
(i) who acts in any other manner, unbecoming of a Police Officer; shall be punished with a fine, which may extend to an amount equal to three month salary, or with imprisonment of either description which may extend to three months, or with both.
(j) (i) Any proceeding under this section shall be instituted by the Appointing Authority or District Superintendent of Police.
(ii) The finding of the legal proceedings, instituted under this section, shall be entered in the personal service records of the concerned Police personnel.
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enactments so repealed and anything done or action taken or deemed to have been done or taken earlier (including any appointment or delegation made or notification, order, direction or notice issued). Rules or Regulations made under the provisions of the said Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been made under the corresponding provisions of this Act, and shall continue to be in force unless and until superseded by anything done or action taken under this Act. Power to make 87- (1) The State Government may make Rules for carrying out the purposes of this Rules and Act.
Regulations
(2) All rules, made under this Act shall be laid, as soon as may be, before the House of the state Legislature.
(3) The Director General of Police may frame Regulations, with the approval of the State Government, in respect of matters, specified in this Act.
(4) State Government may direct the Director General of Police to amend any Regulation made by him in such manner, as it may direct and thereupon, the Director General of Police shall amend the Regulation in the manner as directed.
(5) Every Rule and Regulation made this Act shall be notified by the State Government in the Official Gazette.
Power to 88- (1) If any difficulty arises in giving effect to the provisions of this Act, the State remove Government may, by order, in the Official Gazette, make such provisions, difficulties within three years from the commencement of this Act, which are not inconsistent with this Act, as it deems necessary or expedient for removing the difficulty.
(2) Every order, issued under the section, shall, as soon as may be, be laid before the State Legislature.
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