PUNJAB GOVT. GAZ. (EXTRA), AUGUST 29.2014 129
(BIDR 7,1936 SAK A)
PART | oo
GOVERNMENT OF PUNJAT
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 29™ August, 2014 No.23-Leg.22014.-The following Act of the Legislature of the State of Punjab received the assent of the Governor of Punjab on the 20™ Day of August, 2014, is hereby published for general information:-
THE PUNJAB POLICE (AMENDMENT) ACT, 2014
(Punjab Act No. 22 of 2014)
AN
ACT
further to amend the Punjab Police Act, 2007. BE it enacted by the Legislature of the State of Punjab in the Sixty- fifth Year of the Republic of India, as follows:-
1. (I) This Act may be called the Punjab Police (Amendm ent) Shortuitle and
Act. 2014
commencement
Ct, :
(2) It shall come into force on and with ef fect from the date of its
publication in the Oficial Gazette. 07, for section 54, the following Substitution of section 34 of
Punjab Act 10 ot
bu
| by notification in the Official ~
3. In the Punjab Police Act, 20
sections shall be substituted, namely:—
"54, (1) The State Gove rnment shal
Gazette, constitute a State Police
Constitution of the State Police Complaints Compla ints Authority for the Stat e of
Alay Tig Pu
njab and the Divisional Po lice Complaints
Complaints Authority A uthority for each, or a group of disteiets
or police commissio
nerate, to exercise
the poters and pe
t fo
the functions confer
red upon, © gne
d to the State Author ity
and the Divisiona
l Authority under
this Act.
r assi
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PUNIJ ) 7. (EXT AB GOVT. GAZ (EXTRA), AUGUST 29,2014
(BHDR 7,1936 SAKA)
130
g
E
.
(2) ed Sint consist of the | ppointed by the State Government by notification in the Official Gazette,- |
(i) a Chairperson, who is or a retired Civil Services Officer not below the rank of Chief Secretary of the State Government or a Secretary to the Government of India or a retired Director General of Police
of the State
Government;
(ii) two members from amongst the following:-
(a) a civil service officer who has retire d from a post
not below the rank of Principal Secretary t o the
State Government; or
(b) a police officer who has retired from a post not
below the rank of Additional Dir ector General of
Police of the State Governme nt; or
(c) persons belonging to t he State of Punjab with repute and contribution in the field of academia, social work, public affair s or law:
Provided that the St ate Police Complaints Authority shall have at least one woman as a
member in case the C hairperson is not a w oman.
(3) The Division al Police Complain ts Authority shall consist of
the following who shall be a ppointed by the State
Government, by notification in th e Official Gazette and shall
have the juris dict
Government,—
ion in the area as specified by the State
who was a civi l service office r retired
t below the ran k of Secretary 10 the
olice officer who has retir ed
(a) a Chairper son,
from a post no
State Govern ment or a p elow the rank of Deputy Ins pector
from a post n ot b
of the State Government ;
General of Police
(b) two me mbers from amongst the following:— (i)
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}
PUN : IX JAB GOVT. GAZ. (E TRA), AUGUST 29,2014 131
(BHDR 7, 1936 SAKA)
54-A.
54-B.
below the rank of Senior Superintendent of Police of the State Government: or
(ii) Persons belonging to the State of Punjab with i and contribution in the field of academia, social work, public affairs or law:
Provided that the Divisional Police Complaints Authority shall have at least one woman as a
member in case the Chairperson is not a woman. A person appointed as Chairperson or Member of the State Term of office of the d .
Clemson and iis Police Complaints Authoirty or the Members. Divisional Police Complaints Autho rity shall
hold office for a term of three years from the date on which he enters upon his office or till he attains the age o f seventy
years whichever is earlier.
A person shall be eligible to be appo
inted as Chairperson or
Eligibility of Member of the Sta
te Police Complaints
Chairperson and
Members. Auth
ority or the Divisi
onal Police
Complaints Authority if he-
(a) is a citizen of I ndia;
(b) 1s not holding an office of profit under the Central or
State Government ;
(c) does not hold an y elected office, inclu ding that of a
Member of parliam ent or of a Member of State
Legislature or of an y local body under t he Government,
mber of or is associat ed in any manner with
,
(d) is nota me awful under any law; an organizati
on declared un
l
(e) has not been convicted for any criminal offence in volving
moral turpitude ; of for any oth er criminal offe nce;
for any offence m entioned in
(fH) is not fac ing prosecution ot been framed clause (e) and against whom
charges have
n
by a court o
f law; and
(g) 1s not of an unsou nd mind.
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PUNJAB 7 ' GOVT. GAZ. (EXTRA), AUGUST 29,2014 ———————
(BHDR 7,1936 SAKA) 2
54-C.
54-D.
54-E.
(I) The Chai 1airperson or § any Membe :
Resignation and y
Member of the State Police
——— Complaints Authority or the Divisional Police Chairperson and Complaints Authority may, by notice in writing Members. hi n ges his hand addressed to the State overnment, resign from his office
2 ( ) The State Government may remove the Chairperson or any Member, on the following grounds, if he-
(i) is adjudged an insolvent; or
(ii) has been convicted by a criminal court at any time for an offence which, in the opinion of the State Government, involves moral turpitude; or
(iii) is persistantly negligent to perfor m his duties; Or
(iv) has acquired such financial or other interest which is likely to affect prejudiciall y his functions as a
Chairperson or a Member; or
(v) isina situation that would make him ineligibl e for
appointment as per the conditions of eligibilit y
given in section 54-B
:
Provided that the St ate Government may remove
the Chairperson or any Member of the State Police
Complaints Author ity or the Divisi onal Police
Complaints Autho rity for any ot her reasons to b e
recorded in w
riting.
Complaints Au
thority shall i nquire nto
ious misconduct ' against
The State
Police
: '
Functions of S tate alleg
ations of 'ser Police Complain 's police o
fficers of th
e rank of Se
nior
pitwny d
ty Commissio
ner of Police and rintend€
or by ta
king cogniza
nce on receipt of a complain
t from a
ove
i" Tot
. i. ' an y person dul y authorized on his behal f through a victim or ttested decla ration:
oo
selfs
ings OC omplain ts Authority sha ll inquire into s of 'serious misconduct'
and below, the nt of police/Dep y
the allegation i :
i
.onnel of;
Divisional Pol ce agai
nst pol ce p ers
4
E
m
PUNJAB GOVT. GAZ. (EXTRA), AUGUST 29,2014 133
(BHDR 7, 1936 SAKA)
—
rank of Superintende — i of Superintendent of Police/Assistant Commissioner of olice . Ce ¢ on a complaint received from a victim or any person, duly authorized on his behalf, through a self-attested declarati on.
seplanation:— Serious mise
.
Ex Serious misconduct', for the purpose of sections 54-D and 54-, shall mean any act or omission on the part of a police officer that leads to or amounts to —
(a) grievous hurt in police custody;
(b) illegal detention;
(c) extortion;
(d) land/house grabbing;
(e) sexual harassment; and
(f) any complaint referred by the State Government:
Provided that the State Police Complaints Authority or the
Divisional Police Complaints Authority shall not inquire i nto any matter
which is already being inquired by National Huma n Rights Commission
or State Human Rights Commission, or any ot her body duly constituted
under any law for the time being in force:
Provided further that the State Police Co mplaints Authority or
the Divisional Police Complaints Au
thority shall not inquire into any
complaint pertaining to any mat
ter older than a year:
Provided further that no anonymo
us, synonymous, pseudonymous
and non-specific complaint(s)
shall be entertained by the S
tate Police
Complaints Authority or the
Divisional Police Complaints
Authority.
54-F. The State Police
Complaints Authority sh
all make rules for
Rules for conduct the co
nduct of its business, and
that of the
y Eg
-
Yak
of business. Divis
ional Police Complaints
Authorities,
with the approva
l of the State Go
vernment.
and allowances pay
able to, and other t
erms
54-G. The remune
ration
\
ditions of ser
vice of, the
ofall and cot
ances and Chairpers
on and Members of th
e State
terms and police C
omplaints Authroity and
the
ea ° Divisi
onal police Complaints
Authority shall
Chairperson and pe such as m
ay be prescribed:
members.
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PUN JAB GOVT. GAZ. (EXTRA), AUGUST 29,2014
—
134
(BHDR 7, 1936 SAKA)
54-H.
Provi
te rovided that the remuneration and allowances, other
m 3
.,e
P)
o 1s and conditions of the Chairperson, or a Member of the at ic :
,
e Police Complaints Authority and the Divisional Police
O ai i aAuthority, shall not be varied to his disadvantage after his appointment.
(1) For the purpose of making an inquiry referred to in Powers of the sections 54-D and 54-E, the State Police Authority. y . Complaints Authority and the Divisional Police Complaints Authority shall be vested with powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) and, in particular, in respect of
the following matters, namely:—
(i) summoning and enforcing the atte ndance of any
person and examining him on oath;
(ii) discovery and production of a ny document;
(iii) receiving any public recor d or copy thereof from
any court or office; and
(iv) issuing summons for th e examination of witnesses or documents.
(2) The State Police C omplaints Authority or the Divisional
Police Complaints Auth ority, as the case may be, before
finalizing its opinion, shall give the head of the State
Police or head of the district police, as th e case may be,
an opportunity to pr esent the department' s views and
additional fact
s, if any.
(3) The State Poli ce Complaints Autho rity or the Divisiona l
Police Complaint s Authority, as th e case may be, sh all,
etion of the inqui ry, communicate its findings
upon compl!
he State Gove
rnment.
and recom
mendation
s tot
4) The Stat e Governmen t shall consi der the findin gs and
@
he State Police Complaints Aut hority
ocommendat
ions of t
lice Complain ts Authority for taking
and the Div
isional Po
appropriate
action.
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PUNJAB GOVT. GAZ. (EXTRA), AUGUST 29,2014 135
(BHDR 7,1936 SAKA)
54-1. Each Divisional Police Complaints Authority, shall prepare and Annual Reports. submit to the State Police Complaints Authority, an annual report for the last
calendar year before the 31% of January of the succeeding year. The State Police Complaints Authority shall compile a report, by clubbing all the reports submitted to it by the Divisional Police Complaints Authorities alongwith its own report, and shall submit it to the State Government. The annual
report submitted to the State Government shall
be laid as soon
as may be, after its submission, before the
House of the State
Legislature while it is in session, for a period of fourteen days,
which may be comprised in one se
ssion or in two or more
successive sessions." .
H.P.S. MAHAL,
Secretary to Government o f Punjab,
Department of Legal and Legi slative Affairs.
577/08-2014/Pb. G
ovt. Press, S.A.S. N agar
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