Regd. No. NW/CH-22 Reged. No. CHD/0092/2018-2020 Price : Rs 2.70
EXTRAORDINARY
Published by Authority
CHANDIGARH, FRIDAY, SEPTEMBER 21, 2018
(BHADRA 30, 1940 SAKA)
LEGISLATIVE SUPPLEMENT
Contents Pages
Part - I Acts
The Punjab Police (Second Amendment) Act, 2018.
(Punjab Act No. 19 of 2018) ..93-95 Part - IT Ordinances
Nil
Part - II Delegated Legislation Nil
Part -IV Correction Slips, Republications and Replacements
Nil
( cviii )
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PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 21, 2018 93
(BHDR 30, 1940 SAKA)
PART I
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 21st September, 2018 No.20-Leg./2018.- The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 19th day of September, 2018, is hereby published for general information:-
THE PUNJAB POLICE (SECOND AMENMDENT) ACT, 2018
(Punjab Act No.19 of 2018)
AN
ACT
further to amend the Punjab Police Act, 2007. BE it enacted by the Legislature of the State of Punjab in the Sixty-ninth Year of the Republic of India as follows:-
1. (1) This Act may be called the Punjab Police (Second Amendment) Act, 2018.
(2) It shall come into force on and with effect from the date of its publication in the Official Gazette.
2. In the Punjab Police Act, 2007 (hereinafter referred to as the principal Act), for the words "State Police Board', wherever occurring except section 28, the words "State Security Commission" shall be substituted.
3. Inthe principal Act, for section 6, the following section shall be substituted, namely:-
"(1) The State Government shall select the Director General of Police from amongst the Indian Police Service officers
from a panel of at least three eligible officers borne on the cadre of the State of Punjab or any other State Selection and term
of office of
Director General
of Police. . .
cadre, who are in the rank of Director General or are eligible to hold this rank for appointment as Director General of Police, based on their service record and range of experience, having a reasonable period of remainder service left, which shall in no case be less than twelve (12) months as on the date of appointment:
Short title and
commencement.
Substitution of
words "State
Security
Commission" in
Punjab Act 10 of
2008.
Substitution of section 6 in
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PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 21, 2018 94
(BHDR 30, 1940 SAKA)
4.
Provided that such a panel shall be prepared by a committee comprising of the Chief Secretary, the Principal Secretary to Government of Punjab, Department of Home Affairs and Justice and outgoing Director General of Police, Punjab or an expert in internal security matters as may be set up by the State Government.
(2) The Director General of Police so appointed, shall have tenure of not less than two years irrespective of his date of superannuation.
(3) Notwithstanding anything contained in sub-section (2), the Director General of Police may be relieved of his responsibilities by the State Government acting in consultation with the State Security Commission consequent upon any action taken against him under the All India Services (Discipline and Appeal) Rules, 1969 or following his conviction in a court of law in a criminal offence or in a case of corruption, or if he is otherwise incapacitated from discharging his duties."
In the principal Act, in section 15, in sub-section (1), for the words and sign "one year against those posts, which shall be extendable to maximum period of three years", the words "two years against those posts" shall be substituted.
5. In the principal Act, in section 27, for sub-section (2), the following sub-section shall be substituted, namely:-
"(2) The State Security Commission shall consist of following persons, namely:-
(a) the Chief Minister, Punjab; ..Chairperson
(b) the Home Minister, Punjab (in case .. Vice-Chairperson the Chief Minister is also the
Home Minister, the Chief Minister
may nominate any other Minister as
Member of the Commission in
place of Home Minister);
(c) the Leader of the Opposition in the .. Member Punjab Legislative Assembly;
(d) aretired Judge of a High Court; ..Member
(e) the Chief Secretary, Punjab; ..Member
(f) the Principal Secretary to ..Member Government of Punjab,
Department of Home Affairs
and Justice;
Amendment in
section 15 of
Punjab Act 10 of
2008.
Amendment in section 27 of
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PUNJAB GOVT. GAZ. (EXTRA), SEPTEMBER 21, 2018 95
(BHDR 30, 1940 SAKA)
(g) the Advocate General, Punjab; ..Member
(h) not more than two eminent citizens ..Member of prominence and integrity in
in public services to be nominated by the State Government; and
(i) the Director General of Police ..Member Secretary ".
6. Inthe principal Act, in section 28,-
(i) for the existing heading "Functions of State Police Board", the heading "Functions of State Security Commission" shall be substituted; and
(ti) for the words and signs "The State Police Board shall perform the following functions, namely:-", the words and sign "The State Security Commission shall perform the following functions and make recommendations to the State Government and the recommendations so made shall be binding on the State Government, namely:-".
7. Inthe principal Act, in section 32,-
(i) for sub-section (2), the following sub-section shall be substituted, namely:-
"(2) The Establishment Committee shall decide with regard to transfers and postings of police officers of the rank of Deputy Superintendents of Police and make recommendations on postings/ transfers of officers of the rank of Superintendent of Police."; and
(ii) after sub-section (6), the following sub-section shall be added, namely:-
"(7) The Establishment Committee shall function as a forum to dispose of complaints/representations from the rank of Superintendent of Police and above ranks, regarding promotions/ transfers/disciplinary proceedings or their being subjected to illegal or irregular orders.".
VIVEK PURI,
Secretary to Government of Punjab, Department of Legal and Legislative Affairs. 1604/9-2018/Pb. Govt. Press, S.A.S. Nagar Amendment in
section 28 of
Punjab Act 10 of
2008.
Amendment in section 32 of
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