Five Additional Chapters placed on MHA Website.

Suggestions/Inputs Sought

Request to send latest by 20^th September,2006.

The Police Act Drafting Committee placed eight draft chapters, proposed Preamble and a note seeking suggestions / inputs on 12^th August, 2006. Five more chapters namely:

(i) Chapter 2-A: Primary Rank in Civil Police;

(ii) Chapter 6 : Policing in Metropolitan Areas, major

urban areas and other notified areas;

(iii) Chapter 7 : Policing in the Context of Public Order and

Internal Security Challenges;

(iv) Chapter 11 : Police Accountability; and

(v) Chapter13 : General Offences, Penalties and

Responsibilities;

have been placed on web. The Committee is still to firm up and place on web (i) Chapter 1: Preliminary: Definitions & Interpretation; 2-B: Armed Police; and Chapter 14 : Miscellaneous. It was felt that chapters 1 and 14 should be settled when all the main Chapters are finalized. In this regard, your valuable suggestions/inputs are required on all the thirteen chapters(eight chapter placed on 12^th August,2006 and five Chapters that have since been added).

2. All the concerned citizens and experts are requested to spare a while and go through the draft chapters and send us specific comments- Chapter-wise and Section wise, that would facilitate easier collation and appropriate utilization.

3. The term of the Committee shall be finishing on 31^st October, 2006. As such, it is requested that the suggestions/inputs may kindly be sent as soon as possible. The Committee would require some time to study the numerous inputs that have been received so far and the ones expected to come in, prior to finalising the draft Act. The Committee looks forward for active participation and continued contributions from the in preparing the new Police Act. Revised list of chapterisation is enclosed.

4. Specific suggestions and inputs, if any, with reference to the proposed contents may please be sent to the PADC on e-mail address padc-mha@nic.in, or by fax No. 011-23070574 or by post to Secretary, Police Act Draftong Committee, Ministry of Home Affairs, Room No. 24(D.S.), Jaisalmer House, 26, Man Singh Road, New Delhi-110 011, latest by 20^th September, 2006.

****** ****** *****
Draft Outline of proposed new Police Act

Suggestions/inputs sought

New Delhi,10^th August, 2006

The Police Act Drafting Committee(PADC), which was constituted on 20^th September, 2005 has had 27 meetings in the last ten months. The Committee comprised six non-official members, four ex-officio Members and a full-time Secretary. The Commonwealth Human Rights Initiative (CHRI), an NGO involved in police reforms, was also associated by the Committee in its proceedings. The Committee took note of the deterioration in the functioning of the Police due to , inter alia, lack of professionalism, undue interferences in police work, frequent arbitrary transfers of the police key functionaries, corruption and the nexus developing between police personnel and crime mafia. The PADC considered wider perceptions of public about police and has gone through the reports of the past Commissions/Committees. The Committee has also surveyed the legislations on policing abroad. It has looked at the comparative experience of policing in other jurisdictions, both developed and developing England, Northern Island, South Africa, Pakistan, and Sri Lanka with a view to understand emerging policing needs and trends.

2. . Suggestions/ comments received from different sections of the society with reference to a web-site launched by the Ministry, followed by an advertisement inserted in leading Newspapers all over the country, have been considered. Alongside, the Bureau of Police Research & Development (GOI) undertook a survey of serving police officers from different States of the country and also from the Central Police Organizations and made available the feedback to the Committee. The Committee had interactions with eminent personalities and experts from relevant fields. The sessions of the Committee, in which most of the Members have been participating, initially discussed the whole ambit of policing and thereafter, firmed up on specific inputs as required for the new Police Act. The issues have been grouped into 14 chapters, and focused discussions have been taken up Chapter by Chapter, leading to drafting and editing of the Chapters.

3. In nut shell, the issues focused in the proposed new Act and expected improvements are as follows:-

(i) Issues : The Committee focused on a number of issues, including vexed

ones, such as :

Empowering police constabulary;

Ensuring due attention for investigation work;

Redefining Superintendence and Administration;

Outlining policing patterns for Metropolitan areas and the Rural areas;

New challenges of terrorism, organized crimes and extremism.

selection and fixity of tenure of key functionaries;

performance evaluation;

training and research, leading to needed attitudinal changes;

prevention of extraneous agencies /forces influencing policing;

to make the police accountable to their deeds/misdeeds;

improving working and living conditions of police personnel; and

emphasizing on care of vulnerable sections of society and on human rights.

(ii) Expected improvements : Some of the expected improvements in policing, envisaged through the proposed new Police Act, are as follows:- Professionalism in police is improved by adopting improved methods of investigation and maintenance of public order, with proper performance evaluation and accountability mechanisms; The police are re-oriented to be people-friendly and thereby enlist public participation in policing; Insulating the policing from undue pressures and interferences; Making policing proactive and thereby, effectively meet newer and emerging challenges

Mechanisms and methodologies are evolved for meeting the emerging challenges to policing, such as extremism, cyber crime, organized and international crime; Empowering the police, especially the lower functionaries;

4. In this regard, the Committee feels grateful to the numerous contributors who took notice of the on going efforts for re-drafting the new Police Act and sent us valuable inputs. Some of the concerned citizens even approached the Secretary and made their presentations before the Committee. All these inputs have been carefully examined and suitably utilized in preparing the draft Chapters. The work is continuing. In the meantime, the Committee resolved to put across the views that emerged during the deliberations on some of the Chapters, in a bid to get specific suggestions and additional inputs, if any, from relevant sectors to help finalizing the draft for a new Police Act. The concepts kept in view while drafting different chapters have also been briefly mentioned at the beginning of different chapters.

5. The proposed Chapterisation , draft Preamble, and draft Chapters No. 2, 3, 4, 5, 8, 9, 10 and 12 have been placed on PADC-MHA web site. Other Chapters shall follow shortly. We look forward for your active participation and continued contributions in preparing the new Police Act.

Specific suggestions and inputs, if any, with reference to the proposed contents may please be sent to the PADC on e-mail address padc-mha@nic.in, or by fax No.011-023070574 or by post to Secretary, Police Act Drafting Committee, Min. of Home Affairs, Room No. 24(D.S.), Jaisalmere House, 26, Man Singh Road, New Delhi-110 011, latest by 25^th August, 2006.

******

Draft/6^TH September, 2006

Police Act Drafting Committee

NEW POLICE ACT

Revised Chapterisation

Contents Page No.

Preamble 7

Chapter 1 : Preliminary: Definitions & Interpretation 8

Chapter 2 : Constitution and Organisation of Police Service 11

Chapter 2A: Primary Rank in Civil Police. 27

Chapter 2B: Armed Police 31

Chapter 3 : Superintendence and Administration of Police 33

Chapter 4 : Role, Functions, Duties and Social Responsibilities 43

of Police

Chapter 5 : Rural Policing and Village Police System 49

Chapter 6 : Policing in Metropolitan Areas, major urban areas 58

and other notified areas

Chapter 7 : Policing in the Context of Public Order and Internal 69

Security Challenges

Chapter 8 : Effective Criminal Investigation and Use of Science 73

and Technology in Police Work

Chapter 9 : Training, Research & Development in Police: 78

Chapter 10 : Regulation, Control and Discipline of Police Personnel: 81

Chapter 11 : Police Accountability: 87

Chapter 12 : Welfare and Grievance Redressal mechanisms for 103

Police Personnel :

Chapter 13 : General Offences, Penalties and Responsibilities. 107

Chapter 14 : Miscellaneous 118

Schedules

Draft/10^th August 2006

Police Act Drafting Committee

Preamble

WHEREAS the Nations founding faith is the primacy of the rule of law and the police must be organized to promote the maintenance of rule of law and render impartial and efficient service to people with due concern for human rights and proper safeguards for the interests of vulnerable sections;

AND WHEREAS it is the duty of the State to provide a professional and service oriented police which has a paramount obligation and duty to function according to the requirements of the Constitution, the rule of law, and the democratic aspirations of the people;

AND WHEREAS such functioning of the police needs to be professionally organized and service oriented, free from extraneous influences and accountable to law;

AND WHEREAS it is expedient to redefine the police role, duties and responsibilities, by taking into account the emerging challenges of policing, the concern for security of the State, good governance, and human rights;

AND WHEREAS it is necessary to appropriately empower the police to enable it to function as an efficient, effective, people-friendly and responsive agency ;

AND WHEREAS it is necessary for this purpose to consolidate and amend the law relating to the establishment and management of the police, it is hereby enacted as follows:

Draft/. 2006

Chapter 1 :

Preliminary: Definitions & Interpretation

(to be finalised)

Preliminary: Definitions & Interpretation

(to be finalised)

Preliminary: Definitions & Interpretation

(to be finalised)

Draft/14^th August 2006

CHAPTER – 2

Constitution and Organisation of Police Service

Concepts kept in view for Ch 2, 2A and 3:

Police is referred to as a Service instead of long continuing word Force. Under the scheme of our Constitution, the political executive is ultimately responsible to the legislature, and thereby to the people for governance of the State, including maintenance of law and order and control of crime. At the same time, accountability and professionalism can grow in the police only when it has the necessary operational freedom to take and implement decisions objectively. Efforts have been made to strike a right balance by retaining on one hand, command and control over crucial appointments and other public order functions with the executive, while crime investigations and the normal law and order functions are left to the police hierarchy with some decentralization of authority. The controversial State Police Commission is replaced by a State Police Board having limited role, and firm framework with scope to serve the desired purpose . Provisions are made for empowering constabulary and to highlight importance of a District / Police station functioning in a democratic society, having ample scope for a proactive approach with Community Policing Orientation.

2.1 : One Police Service for each State

There shall be one Police Service for each State. Members of the Police Service shall be liable for posting to any branch of the Service including the Armed Police or any of the specialized wings.

2.2 : Constitution & Composition of Police Service

Subject to the provisions of this Act :

The Police Service shall consist of such numbers in the several ranks and have such organization as the State Government may by general or special orders determine ;

The direct recruitments to non-gazetted ranks in Police Service shall be made through a State-level Police Recruitment Board by a transparent process, adopting well-codified, scientific systems and procedures which shall be notified through appropriate rules to be framed by the State Government;

Provided that the recruitment to the Indian Police Service and to the rank of Deputy Superintendent of Police shall continue to be made through the Union Public Service Commission and the State Public Service Commissions respectively

The composition of the police service may reflect adequate gender representation ;

The pay, allowances, service and working conditions of police personnel shall always be commensurate with the hardships and arduous nature of their duties; and

Police personnel shall at all times remain accountable to the law and responsive to the lawful needs of the people and shall observe strict codes of ethical conduct and integrity.

2.3 : Appointment of Director General /Addl. Directors General / Inspectors General and Deputy/Assistant Inspectors General

1) For the overall direction and supervision of the Police Service, the State Government shall appoint a Director General who shall exercise such powers and perform such functions and duties and shall have such responsibilities and such authority as may be provided by or under this Act or rules made thereunder.

2) The post of Director General shall be the senior-most position in the hierarchy of the Police Service of a State and no officer senior or equivalent in rank to the incumbent Director General shall be posted to any position within the police organization to ensure that the unity of command is at all times maintained.

3) The State Government may appoint one or more Additional Director General and/or as many Inspectors General and Deputy/Assistant Inspectors General as necessary.

4) The State Government may, by a general or special order and in consultation with Director General, direct how, in what manner and to what extent an Additional Director General or an Inspector General or a Deputy/Assistant Inspector General shall assist and aid the Director General in the performance, exercise and discharge of his/her powers, functions, duties, responsibilities and authority.

2.4 : Method of Selection and Term of Office of Director General
of Police

The State Government shall appoint the Director General of Police from amongst three senior-most officers in the Police Service empanelled for the rank.

The empanelment for the rank of DGP shall be done through the Union Public Service Commission following, inter alia, the criteria of :

(a) the prescribed length of service;

(b) the assessment of the performance appraisal reports of the previous 15 years of service on the basis of weightages assigned to different gradings, namely, Outstanding, Very Good, Good, &Satisfactory ;

(c) the range of experience relevant to professional police work including experience of work in central police organizations;

(d) clean record of service in terms of indictment of the official in any criminal or disciplinary proceedings or on the counts of corruption or moral turpitude; and

(e) due weightage being assigned to award of medals for gallantry, distinguished and meritorious service.

Provided that the case of any officer against whom a prima facie criminal or disciplinary charge or a charge of lack of integrity has been made out and a trial/enquiry relating thereto is pending, shall be subject to sealed cover proceeding and be considered only after the disposal of such proceeding.

1) The Director General of Police so appointed shall have a minimum tenure of two years irrespective of his/her normal date of superannuation.

Provided that an incumbent may be removed from the post before the expiry of his/her tenure by the State Government through a written order specifying reasons, consequent upon :

(a) a conviction by a court of law in a criminal offence or in a case of corruption; or

(b) a punishment of dismissal/removal/compulsory retirement from service or of reduction to a lower post awarded under the provisions of the All India Services (Discipline and Appeal) Rules or any other relevant rule; or

(d) incapacitation by physical or mental illness or otherwise becoming unable to discharge his/her functions as the Director General; or

(e) promotion to a higher post under either the State Government itself or the Central Government, subject to such officer having given his/her consent to such a posting;

2.5 : Appointment of Legal Advisor and Financial Advisor

1) The State Government shall appoint a Legal Advisor and a Financial Advisor to assist and aid the Director General of Police on legal and financial matters respectively, in the discharge of his/her duties and functions.

2) The State Government shall also ensure that every District Police Unit and every City Police Commissionerate is provided with one or more Legal Advisors to advise the police on the adequacy or otherwise of the available evidence in various cases investigated by them. The police shall take necessary action on such advice before submitting the charge sheets in the cases.

2.6 : Administration of Police in Metropolitan Areas, Major Urban
Areas and other Notified Areas

The administration of police in metropolitan areas, other major urban areas with a population of 10 lakhs or more, and in such other areas as notified for the purpose by the State Government from time to time, shall be in accordance with the provisions of Chapter 6 of this Act.

2.7 : Creation of Police Zones and Ranges

1) The State Government may, in consultation with the Director General of Police, by notification, divide the entire geographical area of the State into one or more Police Zones. Each Zone, comprising two or more Police Ranges, shall be headed by an officer of the rank of Inspector General who shall supervise the police administration of the Zone and report directly to the Director General.

2) The State Government, in consultation with the Director General, may by notification create as many Police Ranges as deemed necessary. Each Range, consisting of two or more Police Districts, shall be headed by an officer of the rank of Deputy Inspector General who shall supervise the police administration of the Range and report directly to the Inspector General in charge of the Zone in the jurisdiction of which the Range falls.

2. 8 : Police Districts

The State Government, in consultation with the Director General, may by notification declare any area within the State to be a Police District. The administration of the police throughout such district shall vest in the Superintendent of Police who may be assisted by as many Additional, Assistant or Deputy Superintendents as deemed necessary and notified.

2. 9 : District-level Special Cells, Sub-Divisions and Circles

1) For the purpose of dealing with a particular class of crime or providing better service to the community at large including victims of crime, the State Government may, in consultation with the Director General and by notification, create one or more Special Cells in each Police District, to be headed by an officer of the rank of Assistant/Deputy Superintendent of Police.

2) The State Government may by notification divide each Police District into as many Sub-Divisions as deemed necessary, to be headed by an officer of the rank of Assistant/Deputy Superintendent of Police each.

3) The State Government may by notification also divide each Police Sub-Division into two or more Circles, each headed by an officer of the rank of Inspector or Deputy Superintendent of Police.

Provided that in the event of a Circle being put under the charge of a Deputy Superintendent, such officer shall report directly to the District Superintendent of Police.

2.10 : Police Stations

1) The State Government may, in consultation with the Director General and by notification, create as many Police Stations in a police district as deemed necessary, duly keeping in view the population, the area, the crime situation, workload with respect to the law & order and the distances to be traversed by inhabitants to reach the Police Station.

2) Two or more Police Stations may be assigned to a Police Circle for the purpose of control and supervision.

3) A Police Station shall have a Station House Officer not below the rank of Sub-Inspector of Police

Provided that larger Police Stations may be placed under the charge of officers of the rank of Inspector of Police, in keeping with the prescribed norms.

1) The State Government shall ensure availability of adequate strength of staff at each police station, duly based on work-study norms

2) The State Governments shall provide to each Police Station all essential amenities including a reception-cum-visitors room, separate toilets for men and women, separate lock-ups for men and women, etc.

3) Each Police Station shall have a Women and Child Protection Desk, staffed by women police personnel, to record complaints of crimes against women and children and to deal with the tasks relating to administration of special legislations on crime involving women and children .

4) Each Police Station shall prominently display all the information required to be made public under the Right to Information Act, as also the Supreme Court guidelines and other standing orders on arrests, and the details regarding the persons arrested and held in lock-ups.

2.11 : Term of office of key police functionaries

An officer posted as Station House Officer in a Police Station or as officer in-charge of a Police Circle or Sub-Division or as Superintendent of Police of a District shall have a term of a minimum of two years and a maximum of three years.

Provided that any such officer may be removed from his/her post before the expiry of the minimum tenure of two years consequent upon:

(a) promotion to a higher post

(b) a conviction by a court of law in a criminal offence; or

(c) a punishment of dismissal / removal / discharge / compulsory retirement from service or of reduction to a lower post awarded under the relevant Discipline & Appeal Rules; or

(d) suspension from service in accordance with the provisions of the said Rules; or

(e) incapacitation by physical or mental illness or otherwise becoming unable to discharge his/her functions and duties in the appointment.

An officer may be removed from his/her post before the expiry of the tenure, in exceptional cases, by the competent authority for the reasons of inefficiency and ineffectiveness.

Provided that the competent authority in all such cases shall report in writing the matter with all details to the next higher authority as well as the Director General. It shall also be open to the affected officer to submit a representation against his premature removal to the State Police Board, which shall consider the same on merit and recommend the due course of action to the government.

Explanation : Competent authority means an officer authorized to order transfers / postings for the rank concerned.

2. 12 : Coordination with the District Administration

1) For the purpose of efficiency in the general administration of the district, it shall be lawful for the district officer, by whatever name he/she is called in the State (eg. District Collector / Deputy Commissioner / District Magistrate), in addition to the provisions of Criminal Procedure Code and other relevant Acts to coordinate the functioning of the police with other agencies of the district administration in respect of the following :

(a) matters relating to the promotion of land reforms and the
settlement of land disputes;

(b) matters relating to an extensive disturbance of the public peace and tranquility in the district;

(d) matters relating to the handling of natural calamities and rehabilitation of the persons affected thereby;

(e) matters relating to situations arising out of any external aggression; and

(f) any similar matter, not within the purview of any one department and affecting the general welfare of the people of the district.

(g) for removal of any serious public grievance.

2) For the purpose of such coordination, the district officer may call for information of a general or special nature, as and when required, from the police or any other agency connected to the general administration of the district. The Superintendent of Police shall render all the requisite and available assistance to the district officer for the purpose of coordination specified above.

Explanation : For the purpose of this Section, coordination means to combine or integrate harmoniously.

2. 13 : Railway Police

1) The State Government may, by notification in the Official Gazette, create one or more special police districts embracing such railway areas in the State as it may specify, and appoint a Superintendent of Police, one or more Assistant and Deputy Superintendent and such other police officers for each such special district as it may deem fit.

2) Subject to the control of the Director-General, such police officers shall discharge police functions connected with the administration of railways situated within their respective charges, and such other functions as the State Government may from time to time assign to them.

3) Any police officer whom the State Government shall generally or specially empower to act under this sub-section may, subject to any orders which that government may make in this behalf, exercise within the special district or any part thereof any of the powers of an officer-in-charge of a police station in that district, and when so exercising such powers shall, subject to any such order as aforesaid, be deemed to be an officer-in-charge of the police station discharging the functions of such officer within the limits of his station.

4) Subject to any general or special orders which the State Government may make in this behalf, such police officers shall, in the discharge of their functions, be vested within every part of the State with the powers and privileges and be subject to the liabilities of police officers under this Act or any other law for the time being in force.

5) The Superintendent of Police may, with the previous permission of the State Government, delegate any of the powers and functions conferred on him by or under this Act to an Assistant or Deputy Superintendent.

2.14 : State Bureaux of Intelligence and Crime Investigation

1) Every State Police Organisation shall have a State Bureau of Intelligence for coordination, analysis and dissemination of intelligence, and a State Bureau of Crime Investigation for taking up investigation of inter-state, inter-district crimes and other specified offences.

2) The State Government shall appoint any police officer not below the rank of Inspector General of Police to head each of the two Bureaus.

3) The State Bureau of Crime Investigation, as per the provisions contained in Chapter 8 of this Act, shall have specialized wings to deal with different types of crime requiring focused attention or special expertise for investigation. Each of these wings shall be headed by an officer of appropriate rank but not below the rank of Superintendent of Police.

4) The State Bureau of Intelligence shall similarly have specialized wings, as needed, to coordinate specialized tasks such as VIP Security, counter terrorism, counter militancy, etc.

5) The State Government shall appoint appropriate number of officers in different ranks in the State Bureau of Crime Investigation and the State Bureau of Intelligence, as deemed appropriate with respect to the volume and variety of tasks to be handled.

2. 15 : Organisation of Technical and Support Services

1) The State Government shall create and maintain such ancillary organizations and services for the police organisation as considered necessary or expedient for promoting the efficiency of the police service.

2) The services to be so created shall include a full-fledged Forensic Science Laboratory at the State-level, a Regional Forensic Science Laboratory for every Police Range and a Mobile Forensic Science Unit for every district, with appropriate equipment and scientific manpower, as per the guidelines laid down by the Directorate of Forensic Science/ Bureau of Police Research & Development. It shall also be the responsibility of the State Government to ensure regular maintenance of all scientific equipment and regular replenishment of consumables in the forensic laboratories.

3) The State Government shall appoint for the whole of the State or for any part thereof, one or more Directors of Police Telecommunications, not below the rank of Deputy Inspector General of Police and as many Superintendents of Police and Deputy Superintendents of Police, to assist them, as deemed necessary.

4) The State Government shall similarly appoint for the whole of the State or for any part thereof, one or more Directors of Police Transport, not below the rank of Deputy Inspectors General of Police, and as many Superintendents of Police and Deputy Superintendents of Police, to assist them, as deemed necessary.

5) The State Government shall ensure regular maintenance of all the needed equipment and regular replenishment of consumables for the Police Tele-communications and the Police Transport Services.

2.16: Appointment of Directors of State Police Academies/
Principals of Police Training Colleges / Schools

1) The State Government shall establish a full-fledged Police Training Academy at the State level and as many fully-equipped Police Training Colleges/Schools as deemed necessary for ensuring efficient post-induction training of all directly-recruited police personnel in various ranks, pre-promotion training for all those promoted to higher levels and such thematic and specialized in-service training courses for police personnel of different ranks and categories as deemed necessary from time to time.

2) The State Government may appoint any police officer not below the rank of Inspector General to be the Director of the State Police Academy, and an officer not below the rank of Deputy Inspector General to head each Police Training College and an officer not below the rank of Superintendent of Police as the Principal of each Police Training School.

3) Appropriate number of officers from the police service shall be posted to man the faculty positions in such Police Training Academy, College(s) and Schools, after careful selection with an eye on professional competence, experience and integrity. The State Government shall also evolve a scheme of monetary and other incentives to attract and retain the best of the available talent in the police service to such training institutions.

4) The State Government shall also appoint persons with academic accomplishments in the fields of law, sociology, psychology, criminology, forensic science and other subjects relevant to police profession to the permanent faculty positions in the training institutions.

2. 17 : Organisation of Research

The State Government may set up such bodies and take up such other steps as considered necessary or expedient for the purpose of undertaking research into matters affecting the efficiency of the police service.

2. 18 : Oath or Affirmation by police personnel

Every member of the police service enrolled under this Act shall, on appointment, make and subscribe before the Superintendent of Police or Commissioner as the case may be or another officer appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in Schedule-I.

2.19 : Certificate of appointment

Every police officer of the grade of Inspector or below, shall on appointment receive an insignia and a certificate in the form provided in Schedule II. The certificate shall be issued under the seal of such officer as the State Government may by general or special order direct.

The certificate of appointment shall become null and void and the insignia withdrawn whenever the person named therein ceases to belong to the Police Service or shall remain inoperative during the period, within which such person is suspended from the Service.

2. 20 : Special Police Officers

1) The Commissioner or the Superintendent of Police, specially empowered in this behalf by the State Government, may, at any time by a written order signed by himself and sealed with his or her own seal appoint any able-bodied and willing person between the age of 18 and 50 years, whom he or she considers fit to be a Special Police Officer to assist the Police Service.

2) Every Special Police Officer so appointed shall, on appointment

receive a certificate in a form approved by the State Government in this behalf;

have the same powers, privileges and immunities and be liable to the same duties and responsibilities and be subject to the same authorities as an ordinary police officer.

2. 21 : Appointment of Additional Police

1) Additional police officers of such rank or grade for such time and on such pay as the authority specified by or under the provisions of this Act in that behalf may determine, may be employed or deputed for the purpose stated in such provisions.

2) Every additional police officer appointed, shall on appointment

(i) receive a certificate in a form approved by the State Government in this behalf;

(ii) be vested with all or such of the powers, privileges and duties of a police officer as are specially mentioned in the certificate; and

(iii) be subject to the orders of the Commissioner or the Superintendent as the case may be.

3) The employment or deputation of such additional police officer may be made at the request of any person requiring such police and the cost of such employment shall be recovered in such manner as is provided by or under this Act or under any other law for the time being in force.

*****

Draft / 05-09-06

Chapter 2-A

The Primary Rank in Civil Police Service

Concepts kept in view:

Public perception of police is a key element in police efficiency and performance. This perception is largely formed by the behaviour of the lowest rank of Civil police personnel who daily interact with the public. It is, therefore, felt necessary to give special attention to this rank in the new Police Act with a view to increasing the status, efficiency, and accountability of this important segment of police service.

This chapter endeavors to raise the level of education and skill of the personnel working in this rank in the Civil Police Service; give them a sense of dignity and pride; make their work more satisfying; increase their productivity and efficiency and ensure adequate career progress so as to make it attractive for talented youth to join the Civil Police. Like any other public service, opportunities for career advancement is an important element in motivation and performance in police service as well. Today, the prospects for a police officer joining the lowest rank (Civil Police Officer Gr. II) to be able to get a promotion is roughly 1 per 100 per year which is totally unsatisfactory for achieving optimum efficiency in the organization. As such, it is imperative to have a ratio of 1:2 between the CPO Gr. II and the immediately superior ranks of CPO Gr. I and sub-inspector taken together.

In view of the differences in tasks and duties of the Armed Police in relation to Civil Police, the recommendations made hereunder are confined to Civil Police only. The structure, recruitment, training and conditions of service in Armed Police are discussed separately in Chapter 2-B.

*****

2A.1. Civil Police Officer Grade. II (COP Gr.II)

(i) The recruitment in the Civil police other than ministerial and technical cadres, after the commencement of this Act, shall be in the rank of Civil Police Officer Gr. II, Sub-Inspector and Deputy Superintendent of Police.

Provided that rules for selection through direct recruitment shall be so made as to provide a fair balance between the different ranks and prospects for promotion at each level at least within a period of 8 to 10 years.

(ii) CPO Gr. II having Graduation as the minimum educational qualification and 3 year-long intensive training before being posted to the service will be police professionals. Their scales of pay and other conditions of service shall therefore be commensurate with equivalent ranks in other professional services under the State.

2A.2 Duties of a Civil Police Officer Gr. II

Duties of a CPO Gr. II shall, inter alia, include the following:

(i) Serving and protecting the citizen,

(ii) Engaging the citizens and gaining their cooperation,

(iii) Policing the Beat,

(iv) Patrolling,

(v) Law and Order duties;

(vi) Collecting intelligence to support police work;

(vii) Security duty;

(viii) Traffic duty;

(ix) Investigations, enquiries, maintaining PS registers, and

(x) Auxiliary duties such as technology support, special skill support, staff support, out station duties, and other lawful tasks given by superior officers.

Provided that duties specified in (ix) are entrusted to COP Gr. II who have passed the examination mentioned in Section 3 (iii) and meet other required qualifications.

2A.3. Qualifications for Recruitment:

(i) The minimum educational qualification for recruitment as CPO Gr. II Trainee, shall be 10+2 Higher Secondary Examination or equivalent examination.

(ii) The recruitment standards shall be prescribed by the State Government under the appropriate rules. The age group for recruitment to the cadre of CPO Gr. II shall be 18 to 23 years.

(iii) All those who are selected as CPO Gr. II Trainees, shall be given a three year intensive education and training on police subjects, prescribed by the State Police Board, which on successful completion may lead to award of a Bachelors Degree from a university accredited for the purpose by the State Police Board.

Provided he or she shall be given not more than two opportunities to pass the prescribed degree examination mentioned in subsection (iii). Failure to graduate successfully even after two attempts will be deemed to be unsuitable to continue as probationary CPO trainee.

2A.4. Recruitment Procedure for CPO Gr. II Trainees:

Recruitment Procedure for CPO Gr. II Trainees will include written tests and medical fitness test and the Recruitment Board mentioned in Chapter II will be the agency to administer it.

2A.5. Service Conditions of Junior Ranks of Civil Police Service:

(i) Government shall introduce a shift system in the Civil Police to ensure proper working hours consistent with efficiency in performance.

(ii) DGP shall endeavour with the approval of Government to outsource as many non-core police functions as possible.

(iii) Merit-cum-Seniority criteria shall be evolved for promotion and implemented in all police ranks through a transparent process by the Police Recruitment Board. Three promotions should ordinarily be available from every level of recruitment.

(iv) Every promotion of police officer should be linked with screening examinations and intensive training professionally organized to ensure higher levels of compliance of power with accountability.

(v) In order to provide adequate avenues for career progression to civil police officers, as defined in Section 1(i) above, 50 per cent of direct recruitment posts of Sub-inspectors in the State shall be earmarked for those of them who have completed seven years of service including probation, to be filled through Limited Departmental Competitive examination.

xxxx xxxx xxx
Draft/.06

Chapter 2B

Armed Police

(to be finalised)

Chapter 2B

Armed Police

(to be finalised)

Draft/21 Aug 06

CHAPTER – 3

Superintendence and Administration of Police

3. 1 : Superintendence of State Police to vest in the State Government

It shall be the responsibility of the State Government to ensure
an efficient, effective, responsive and accountable police service for the entire State.

For this purpose, the superintendence of the police service throughout the State shall vest in and be exercised by the State Government in accordance with the provisions of this Act.

The State Government shall also exercise its superintendence over the police service in such manner and to such extent so as to promote the professional efficiency of the police and to ensure that the police 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 perform their task in a professional manner with functional autonomy.

3.2 : State Policing Plan, Objectives of Policing & Priorities

The State Government shall in consultation with the State Police Board, draw up a strategic policing plan for a three-year period, duly identifying the objectives of policing sought to be achieved during the period, and set out an action plan for their implementation.

Place such policing plan, objectives and the action plan before the State Legislature, within three months of the coming into force of this Act and after a gap of every three years thereafter.

Place before the State Legislature, at the beginning of each financial year, a progress report on the implementation of the strategic policing plan as well as an annual policing plan that prioritize the goals of the strategic policing plan for the year in question.

The strategic policing plan, the progress report and the annual policing goals shall be made readily accessible to the public.

The State Plan referred to in Sub-Section (1) will be prepared after receiving inputs on the policing needs of the districts from the District Superintendents of Police who, in turn, will formulate the same in consultation with the community.

3. 3 : Setting up a mechanism for performance evaluation of the police

The State Government shall, in consultation with the State Police Board, evolve and put in place a systematic mechanism for the evaluation of performance of the police service in the State as a whole and also district-wise, as per the provisions contained in Chapter -11. .

3. 4 : State Police Board

The State Government shall, within one month of the coming into force of this Act, establish a State Police Board to exercise the functions assigned to it under the Act.

3. 5 : Composition of the Board

The State Police Board shall have as its members : the Minister in-charge of the Police who shall also be its ex-officio Chairperson, and the Leader of opposition in the State Assembly the State Chief Secretary as an ex-officio Member the Director General of Police as its ex-officio Member-Secretary five persons of proven reputation for integrity and competence (hereinafter called Independent Members) from the fields of academia, law, public administration, media or NGOs, to be appointed on the recommendation of a Selection Panel constituted under Section 6.

The composition of the Board shall reflect adequate gender
representation, but will not have less than two women members.

No serving government employee shall be appointed as an Independent Member.

Any vacancy in the State Police Board shall be filled up as soon as practicable, but not later than three months after the seat has been vacated.

3.6 : Composition of the Panel for Selection of Independent Members

Independent Members of the State Police Board shall be appointed on the recommendation of a Selection Panel which shall consist of :

-A retired judge of a High Court to be nominated by the Chief Justice of the High Court, as its Chairman.

– The Chairperson of State Human Rights Commission, or in the event of there being no such Commission in the state, a person nominated by the Chairman NHRC.

-The Chairperson of the State Public Service Commission

3.7 : Method of Selection

The Selection Panel shall evolve its own procedure to select independent members through a transparent process.

3.8: Grounds of ineligibility for Independent Members

No person shall be appointed as an Independent Member of the State Police Board if he or she :

a) is not a citizen of India

b) has been convicted by a court of law or has been charge- sheeted by the police in a criminal case

c) has been dismissed or removed from service or compulsorily retired on the grounds of corruption or misconduct

d) holds an elected office, including that of Member of Parliament or State Legislature, or is an office-bearer of any political party or any organization connected with a political party

e) is of unsound mind

3.9 : Term of Office of Independent Members

A person shall be appointed as an Independent Member of the Board for a period of three years. The same person shall not be reappointed for more than one term of another three years.

3.10 : Removal of Independent Members

1. An independent Member may be removed from the State Police Board by a two-thirds majority of members of the Board on the following grounds :

a) Proven incompetence

b) Proven misbehavior

c) Failure to attend three consecutive meetings of the Board without sufficient cause

d) Incapacitation by reasons of physical or mental infirmity or otherwise becoming unable to discharge his/her functions as a Member.

2. In addition, Independent members shall be removed from the Board
on the occurrence of any situation that would make a member
ineligible for appointment to the Board under Section 7.

3. The State Police Board shall explicitly state in writing the grounds for such removal

3.11 : Functions

The State Police Board shall perform the following functions :

a) Frame board policy guidelines for promoting efficient, effective, responsive and accountable policing, in accordance with the law.

b) Identify performance indicators to evaluate the functioning of the police service. These indicators shall, inter alia, include : operational efficiency, public satisfaction, victim satisfaction and proper utilization of resources.

c) Review and evaluate organizational performance of the State Police against (i) the annual policing plan and (ii) performance indicators as identified and laid down by the State Police Board.

d) Accept and examine grievances from police officers about being subjected to illegal orders. The Board shall make recommendations to the State Government as to the remedial measures to be taken in relation with the same.
The Government shall inform the Board in writing of the action taken on the recommendations within a period of three month.

If the State Government disagrees with any such recommendation of the Board, it shall inform the Board in writing of the reasons for disagreement, within a period of one month.

3.12 : Expenses of the Board

The expenses on account of remuneration, allowances and travel in connection with official business of the Board, in respect of the non-official members of the Board shall be charged on the Consolidated Fund of the State.

3.13 : Annual Report on the Working of the Board

1. The Board shall, within three months after the end of each financial year, present to the State Government a report on the work done by it during the preceding year as well on the performance of the State Police.

2. The State Government shall cause such report to be laid before the State Legislature not later than two months of its receipt by the Government.

3.14 : Administration of Police

1. The administration of the Police throughout the State shall be vested in the Director General and in such Additional Directors General, Inspectors General, Deputy Inspectors General and other officers as appointed under this Act.

2. The administration of police in a district shall vest in the District Superintendent of Police

3. Administration will mean the management of the police service, subject to law, rules and regulations; and will include framing of regulations; supervising the functioning of the police service at all levels; appointment to subordinate ranks of the police, deployment of the police; posting, transfers, and the requisite disciplinary action up to and including the rank of Inspector of Police; and advising the Government on the placement of officers of the rank of Assistant / Deputy Superintendent Of Police and above.

Provided that the State government may intervene in the exercise of the powers of administration by the Director General or any other competent police authority only in accordance with the prescribed rules, regulations or in exceptional situations involving urgent public interest, reasons for which should be recorded in writing.

3.15 : Powers and Responsibilities of the Director General

As Head of the State Police, it shall be the responsibility of the Director General to :

a) operationalise the policies, the strategic policing plan and the annual policing goals laid down by the State Government in consultation with the State Police Board.

b) Administer and supervise the police service to ensure its efficiency, effectiveness, responsiveness and accountability.

3.16 : Police Establishment Board and Committees

1. The State Government shall constitute a Police Establishment Board (hereinafter called the Establishment Board) with the Director General as its Chairman and four other senior-most police officers working within the police organization of the State as Members.

2. The Board shall recommend names of suitable officers to the State Government for appointment and posting to all the positions in the ranks of Assistant/Deputy Superintendents and above in the police organization of the State excluding the Director General of Police. The State Government shall inform the Board in writing, if it disagrees with any such recommendation of the Board, informing the reasons for disagreement.

3. The Board shall also consider and recommend to the Director General the names of officers of the ranks of Sub-Inspector and Inspector for posting to a Range on initial appointment, or for transfer from one Police Range to another, where such transfer is considered expedient for the efficiency of police service.

4. Inter-district transfers and postings of non-gazetted ranks, within a Police Range, shall be decided by the Range Deputy Inspector General on the recommendation of a Committee comprising all the District Superintendents of Police of the Range.

5. Postings and transfers of non-gazetted police officers within a District shall be decided by the District Superintendent of Police on the recommendation of a District-level Committee in which all Additional/Deputy/Assistant Superintendents of Police posted in the District shall be Members.

6. While effecting transfers and postings of police officers of all ranks, the concerned competent authority shall ensure that every officer is ordinarily allowed a minimum tenure of two years in a posting. If any officer is to be transferred before the expiry of this minimum term, the competent authority must record detailed reasons for the transfer.

7. No authority other than the authority having power under this Act to order transfer shall issue any transfer order.

3.17: Procedure for promotion of Police Officers

1. Promotion to each rank in the police service shall be based on merit which would include seniority, to be evaluated through a combination of the result of a qualifying examination and performance evaluation in respect of each officer. The Director General shall frame the evaluation criteria in this regard for each rank and category of police personnel and have them approved by the State Government.

2. For the officers of the Indian Police Service, such evaluation criteria shall be framed by the Government of India.

3.18 : Training-cum-Education Policy for the Police

1. The State Government shall lay down a Training-cum-Education Policy covering all ranks and categories of police personnel. This policy should ensure that police personnel of all ranks and categories are adequately trained to perform their job, taking due care of proper attitudinal development as well, and shall be linked to career development scheme of police personnel in different ranks and categories.

2. The policy shall also aim to promote a culture of police personnel acquiring appropriate educational and professional qualifications as they advance in their careers.

3.19 : Financial Management

1. The Director General shall be responsible for submitting the budgetary requirements of the police service as a whole to the State Government, sufficiently in advance in the preceding financial year.

2. The budgetary requirements shall be carefully worked out on the basis of realistic needs of each branch, wing, unit and sub-unit of the police service, obtained from the unit officers concerned.

3. The District Superintendents of Police shall take special care to ensure that the financial requirements of each Police Station in the District are worked out meticulously and adequately projected in the budgetary demand of the District, thus leaving no scope for the Police Stations to feel handicapped for meeting the legitimate expenditure on day-to-day police work.

4. The budgetary allocation made by the legislature shall be placed at the disposal of the Director General who shall be vested with full powers to spend the amounts earmarked under each head of the budget.

5. The financial powers of the Director General shall be on par with those exercised by a Principal Secretary to the State Government.

6. The Director General and all the other police officers vested with financial powers, shall observe utmost propriety and pragmatism in exercising their financial powers.

*****

Draft/10^th August, 2006

Chapter 4

ROLE, FUNCTIONS, DUTIES & RESPONSIBILITIES OF THE POLICE

Role & Functions :

4.1 The role and functions of the Police shall broadly be :

(i) To act as upholders of the law, and to protect life, liberty, property and human rights of the members of the public;

(ii) To promote and preserve public order;

(iii) To protect internal security, and to prevent and control terrorist activity, breaches of communal harmony, extremist violence, militant activities and other situations affecting internal security;

(iv) To protect public properties including roads, railways, bridges, vital installations and establishments etc. against acts of vandalism, violence or any kind of attack;

(v) 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;

(vi)To investigate all crimes and, where appropriate, to apprehend the offenders, and extend requisite assistance in the prosecution of offenders;

To create and maintain a feeling of security in the community, and to counsel

and resolve conflicts and promote amity;

(vii)To provide, as first responders, all possible help and succour 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;

(viii)To aid individuals who are in danger of physical harm to person or property, and to provide necessary services and afford relief to people in distress situations;

(ix)To facilitate orderly movement of people and vehicles, and to control and regulate traffic on roads and highways;

(x)To collect intelligence relating to matters affecting public peace, crimes including social and economic offences, communalism, extremism, terrorism and other matters relating to national security, and disseminate the same to all concerned besides acting, as appropriate, on the same themselves.

4.2. Duties :

It shall be the duty of the police to :

(i) Uphold the law under all circumstances;

(ii) Protect life, liberty, property and human rights of the members of the public;

(iii) Prevent the commission of offences and breaches of public peace;

(iv) Prevent acts of public nuisance;

(v) Accurately record all complaints brought to them by a complainant or any one else in person or received by post, e-mail or other means, and take prompt follow-up action on the same, while duly acknowledging the receipt of the complaint;

(vi) Promptly register all cognizable offences coming to their notice through such complaints or otherwise, duly supply a copy of the FIR to the complainant; and promptly proceed with investigation as per the relevant provisions of the law;

(vii) Aid and cooperate with other agencies for the prevention of crimes, as also prevention of damage to life, limb or property in situations arising out of fire, accidents or natural calamities;

(viii) Collect and communicate to all concerned, intelligence in matters affecting public peace, and on planning, preparation and commission of crimes;

(ix) Regulate and control the traffic on public roads, streets and highways, and to prevent obstructions therein;

(x) Keep order and prevent obstruction on public roads and streets, at fairs and places of public resort, bathing ghats and at the places of public worship and other congregations, including regulation of noise caused by the use of loudspeakers, amplifiers or any other instrument, appliance or apparatus, causing inconvenience or annoyance to the public;

(xi) Regulate assemblies in public places and processions on public roads and streets and, where necessary, prescribe the routes and timings of such processions;

(xii) Prevent such acts and conduct in public places as would prove to be dangerous for the general public or even for those themselves who indulge in such acts, like reckless driving, dangerously carrying any article in vehicles, dangerous overloading of vehicles, boats, etc.;

(xiii) Guide and assist and, if necessary, take charge of persons under intoxication or those of unsound mind, who may cause harm to themselves or other members of the public or any private or public property;

(xiv) Take charge of all unclaimed property and furnish an inventory thereof to the concerned authority;

(xv) Obey and promptly execute all lawful orders of authorized superiors;

(xvi) Perform other duties enjoined upon them by this Act, the Code or any other law for the time being in force;

(xvii) Show by personal conduct that it is in the general interest of the society to abide by the law.

4.3. Social Responsibilities of Police :

Every police officer shall :

(i) Behave with the members of the public with due courtesy and decorum, particularly so in dealing with women and children;

(ii) Guide and assist members of the public particularly women, children, the poor and indigent and the physically or mentally challenged individuals who are either lost or who find themselves helpless on the streets or other public places, or otherwise need help and protection;

(iii) Provide all requisite assistance to victims of crime and of road accidents and in particular ensure that they are given prompt medical aid, irrespective of formalities;

(iv) Assist victims of road and other accidents or their next of kin with such information and documents as would facilitate their compensation claims or any other legal requirements;

(v) Prevent harassment of women and children in public places and public transport, including stalking, making objectionable gestures, signs, sound and speech;

(vi) 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;

(vii) Arrange for legally permissible sustenance and shelter to every person in custody and making known to all persons in custody provisions of legal aid schemes being enforced in the State and also inform the authority concerned to provide such aid;

4.4. Emergency Duties of Police :

(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 it remains in force, it shall be the duty of every police officer to obey any order given by any superior officer in relation to any employment in connection with the service specified in the declaration.

4.5 Superior Police Officer may himself perform duties of a subordinate officer

A police officer of a rank superior to that of a constable may perform any duty assigned by law or by a lawful order to any officer subordinate to him, and in the case of any duty imposed on such subordinate, a superior may aid, supplement, supersede or prevent any action of such 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.

4.6 All persons bound to comply with the reasonable directions of police officer

All persons shall be bound to comply with the reasonable and lawful directions given by a police officer in the discharge of his or her duties under this Act.

Where any person resists, refuses or fails to comply with any direction referred to in sub-section (1), a police officer may, without prejudice to any other action he or she may take under any other provision of this Act or any other law for the time being in force, remove such person and either produce him before the nearest Magistrate or, in petty cases, release him/ her when the occasion which necessitated the removal has ceased to exist.

Provided that the person so removed shall in all cases be produced before the nearest Magistrate or released, as the case may be, within a period of twenty-four hours of such removal.

*****

Draft/10^th August 2006

Chapter 5

Policing in Rural Areas and Village Police System

Concepts kept in view: Whereas due to vast distances, inadequacy of transport and communication, the policing in rural areas is neglected and the police presence is very thin, there is need to restructure the policing of rural areas. Earlier system of village policing needs to be revived and integrated with policing in rural areas. Better community participation is to be institutionalized including those of Panchayats. Further, the terrorism and extremism has affected a substantial part of the country and the policing in such areas needs to be brought up to meet these challenges.

Police Stations covering rural areas

5.1 Police stations covering rural areas shall be so organized as to be self-sufficient in matters of accommodation for amenities as stipulated in sub-sections (5) & (6) of Section 10 under Chapter 2 of this Act, as also in police housing, communication facilities and transport. Each Police Station will also be equipped with adequate facilities of forensic science and scientific aids to investigation in terms of the provisions of this Act.

5.2 Special attention shall be paid to the security of police station, especially in the areas notified by the Government to be areas prone to violence or mass disturbances. It shall also be ensured that the actual manpower posted in such Police Stations does not fall below the sanctioned strength, except when specially authorized by the Director General for a specific purpose and a specified period.

5.3 The jurisdictional area of a Police Station shall be divided into a suitable number of beats, each covering a cluster of villages, to be kept under the direct charge of a Constable, Head Constable or an Assistant Sub-Inspector for maintaining regular and close contact with the villages under his charge.

5.4 The officer in charge of each Police Station shall ensure that every village in his jurisdiction is covered by beat service as per the minimum frequency prescribed by the Superintendent of Police by a general or special order.

Duties & Responsibilities of Beat Constable/Head Constable/Assistant Sub-Inspector

5.5. The duties and responsibilities of the Beat Constable/Head Constable/Assistant Sub-Inspector shall, inter alia, be :

1) To maintain liaison with community elders, members of the Community Liaison Group residing in that village, and of the Village Defense Party, the Village Guard, and residents of each village under his charge, and to review, during every visit, the crime prevention measures in the village.

2) To collect information relating to crimes and criminals and activities of subversive, militant and anti-social elements, if any, in the village and communicate the same to the officer in charge.

3) To maintain watch over history-sheeted criminals, if any, and others with criminal record or bad characters.

4) To acquaint himself with local disputes having potential for violence or with caste/communal overtones, and inform the officer in charge of the same with all available details.

5) To carry out any other policing task in respect of the village assigned by the State Government, the District Superintendent of Police or the officer in charge through a general or special order.

6) To record any public grievances and complaints in relation to policing .

7) To maintain a record of aforesaid duties and responsibilities carried out by him during his visit and submit the same to the officer in charge.

Village visits by officer incharge and supervisory police officers

5.6. The officer incharge shall visit every village under his jurisdiction, as per the minimum frequency and provisions 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 police service.

5.7. All supervisory officers including the Superintendent of Police shall visit as many villages in their jurisdiction as possible. The purpose of such visits shall be to review the general state of crime, law & order situation and the activities, if any, of violent and militant individuals or group in the area and to generally acquaint themselves with the goings-on in the village having a bearing on crime, law & order or other policing tasks and to interact with as many local residents as possible so as to assess the level of public satisfaction with police service.

Village Police System

Enlistment of Village Guard and Selection criteria

5.8 Each village in the district shall have at least one Village Guard, enlisted by the District Superintendent of Police from amongst able-bodied persons, between the age of 21 and 60 years and with unimpeachable character and antecedents, who are permanent residents of that village, possess the ability to read and write in the local language, have not been convicted by a court of law or charge-sheeted by the police in a criminal case, or dismissed, removed, discharged or compulsorily retired from any employment on grounds of corruption, moral turpitude or misconduct, and are not members of any political party or actively participating in a violent or disruptive movement or activity.

5.9 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 sixty years or who incurs any other condition of ineligibility specified in Sub-Section 5.8 above.

5.10 A Village Guard shall also be removed from the assignment at any time during the currency of his enlistment, if he incurs any condition of ineligibility specified in Sub-Section 5.8 above.

5.11 The Village Guard shall be a public servant as defined in the Indian Penal Code.

5.12 The Superintendent of Police shall ensure that every person, on his induction as a Village Guard is administered a training course of the duration and as per the syllabus, as 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.

5.13 Every person enlisted as a Village Guard shall take an oath, as prescribed, before the officer in-charge of the police station concerned.

5.14 Each Village Guard will be provided with an Identification Badge and a reasonable monthly honorarium and due out-of-pocket expenses by the District Superintendent of Police, as prescribed. The honorarium shall be so fixed as would not be less than that paid to a Home Guard of the State.

5.15 Any person who for any reason ceases to be a Village Guard shall forthwith deliver up to the Superintendent of police or to an officer authorized by him the Identification Badge and all records and documents maintained by him as the Village Guard.

Duties & Responsibilities of Village Guard

5.16 The duties and responsibilities of the Village Guard shall include:

1) To report the occurrence of any crime or law & order situation in the village, at the earliest, to the police and generally assist the police in bringing the offenders to justice;

2) To maintain a general vigil in the village from the point of view of crime prevention or prevention of a law & order problem, and to promptly inform the police about the same;

3) To remain alert and sensitive to any information or development in the village, including movement of suspicious persons that is likely to lead to a crime or breach of law & order, and promptly pass on such information to the police;

4) To assist any citizen in arresting or forwarding to the Police Station any person or persons under Section 43 CRPC and to hand over such person or persons along with the property, if any, seized from him, to the police without delay. In doing so, the Village Guard may, if and as necessary, take the help of the members of the Village Defence Party. In case the arrested person is a woman, a male village guard shall be accompanied by a woman.

5) To secure and preserve the scene of any crime till the arrival of the police, duly ensuring that it is not disturbed by curious onlookers or any one else; and

6) To meet the officer in charge of the Police Station at a minimum frequency as prescribed b the SP through general or special order t to report on such general goings-on in the village as would have a bearing on crime, law & order or other policing tasks.

7) To maintain the prescribed registers.

8) To record any public grievances and complaints in relation to policing.

Village Defense Parties

5.17 The Superintendent of Police shall organize a group of local and respectable persons for each village for the purpose of carrying out preventive patrols, promoting crime reduction measures and generally assisting the police in their functioning. The group will be called the Village Defense Party and may consist of not more than 15 members, with provision for having more than one Village Defense 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.

5.18 Members will be inducted into the Village Defense Parties by the SP in consultation with the Community Liaison Group, from amongst able-bodied persons, between the age of 21 and 60 years and with good character and antecedents, who are permanent residents of that village, have not been convicted by a court of law or charge-sheeted by the police in a 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 allied organization thereof or political movement or activity of any kind.

5.19 The Village Defense Party will normally be reconstituted every three years. Members may be re-nominated subject to at least one third new members are inducted. No renewal shall, however, be granted to a person after he crosses the age of sixty years or who incurs any other condition of ineligibility specified in Sub-Section 5.18 above. However, any vacancy may be filled up as and when it occurs. In the events of complaints against this Party from relevant quarters, the SP will take note of that.

5.20 A person may also be removed from the membership of the Village Defense Party at any time during the currency of his tenure, if he incurs any condition of ineligibility specified in Sub-Section 5.18 above.

5.21 Membership of the Village Defense Party shall be voluntary and honorary. However, to facilitate the proper functioning of the Party, the Superintendent of Police shall provide its members with the required equipment of day-to-day needs as also reasonable out-of-pocket expenses, as prescribed from time to time. The District Superintendent of Police will also make arrangements for necessary training of the members of the Village Defense Parties.

5.22 The members of the Village Defense Party shall wear such an identification feature as issued by the District Superintendent of Police.

5.23 Any person who for any reason ceases to be a member of a Village Defense Party shall forthwith deliver up to the Superintendent of police or to an officer authorized by him the Identification Badge and all records and documents maintained by him as a member of the Village Defense Party.

Consultative mechanism

5.24 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 Group shall have a fair representation of all segments, professions, and gender of the society in villages falling in the police station area. This Group shall have two representatives nominated by each Panchayat Samiti in the jurisdiction of the concerned PS from amongst its members.

Provided that no person convicted by a court of law or charge-sheeted by the police 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 included in the Community Liaison Group.

Provided further that no person other than the nominated representatives of the Panchayat Samitis, who is connected with any political party or allied organization thereof or political movement or activity of any type, shall also be eligible to be inducted in the Group.

5.25 The Group will identify the existing and emerging policing needs of the area, which will be taken into consideration by the SHO while preparing an annual policing strategy and action plan., The group shall perform such other functions as prescribed. It will meet as frequently as necessary, but at least once in every quarter. The meetings of the Group shall be attended by the Sub-divisional Magistrate and Sub-Divisional Police Officer besides the officer in charge of the police station and the Circle Inspector. The meetings shall be open to public.

Draft/ 4^th Sep 2006

Chapter  6

Policing In Metropolitan Areas, Major Urban And Other Notified Areas

Concept kept in view :-

The problems of urban policing are not only very complex but are also increasing everyday. The presence of an informed and vocal public, coupled with a very vigilant and alert media compound these problems and make the task of the police even more difficult. These problems are mainly – controlling and regulating the movement of ever increasing number of vehicles on the roads, so that the flow of traffic remains smooth and safe, maintenance of public order, prevention and detection of crime and VIP security. In addition, the growth of organized crime and the nefarious activities of terrorist modules, who are incessantly making efforts to sneak into metropolitan cities, require a specialized approach, prompt response and direct shouldering of responsibility, which can be ensured only by a metropolitan police system. To combat the complex problem of urban policing it is necessary for the police to be more organized under a unitary chain of command, both for decision-making as well as for implementation, which will lead to better accountability by the police. It is, therefore, strongly recommended that all cities having a population of ten lacs and above, as well as other urban areas so notified should be provided with a metropolitan police system, also known as the Police Commissioner System.

xx .xx .xx .xx xx

6.1: The State Government shall establish for each of the metropolitan areas, other major urban areas having a population of 10 lakhs or more and such other areas as notified for the purpose from time to time, a police system which is capable of handling the typically complex problems of crime, public order and internal security of urban areas, which call for quick and comprehensive response springing from purposeful direction, unitary chain of command, professional competence, functional specialization, and legal authority coupled with accountability, in accordance with the provisions under this Chapter.

6.2:               Commissioner of Police

 (1) The Commissioner of Police in whom the administration of police is vested in such an area may be a police officer of the rank of Deputy Inspector General of Police or above, depending upon the population as well as the magnitude and the complexity of policing tasks in such area.

(2)               Additional, Joint, Deputy and Assistant Commissioners of Police-

               The Government may divide the area specified in Section 1 into convenient administrative units and appropriate specialized units, and appoint one or more Additional, Joint, Deputy and Assistant commissioners to assist the Commissioner of Police in the discharge of his duties.

(3)           The Commissioner and other officers under him shall exercise such powers, perform such functions and duties and shall have such
 responsibilities and authority, as provided under this Act or Rules made there under.

               Provided that any of these powers, functions, duties, responsibilities or authority exercisable or to be performed, or discharged, by the Commissioner, shall be exercised, performed or discharged, subject to the overall control and directions of the Director General of Police.

(4)               Appointment of Financial Advisor and Legal Advisor-

                The Government shall appoint a Financial Advisor and one or more Legal Advisors to aid and assist the Commissioner of Police on financial and legal matters respectively, in the discharge of his duties and functions.

6.3:               Subject to such conditions and limitations as may be specified by the State Government:-

a)         the Commissioner of Police shall exercise the powers and    duties of a    District Magistrate under such provisions of the Code    of
 Criminal Procedure, 1973, and such other Acts, as may be specified;

b)            any officer subordinate to the Commissioner of Police (not          being an officer below the rank of Assistant Commissioner of Police) shall exercise the powers and duties of an Executive Magistrate, under the provisions of the said Code, as may be specified, under the overall control and supervision of the Commissioner of Police.

Constitution of police districts, police sub-divisions and police stations

6.4: The State Government in consultation with the Director General of Police shall:-

a)               constitute appropriate number of police districts within each                Commissionerate;

b)               divide such police districts into police sub-divisions and specify the                police stations
 comprised in each sub-divisions; and

c)               define the limits and extent of such police districts, police sub-divisions  and police stations.

6.5:               Officers in charge of police districts, police sub-divisions and police stations:-

(1)               Each police district shall be under the charge of a Deputy Commissioner of Police, who may, if necessary, be assisted in the discharge of his duties by one or more Additional Deputy Commissioners of Police.

(2)               Each police sub-division shall be under the charge of an Commissioner of Police and each police station shall be under the charge of an Inspector of Police.

Preservation of Order and Regulation of Traffic

6.6:               Power to make rules for regulation of traffic and for preservation of order - The Commissioner of Police may, from time to time, make rules, not inconsistent with this Act, and subject to any Government order, in respect of the following:

(a)         regulating the use of public streets and public places by  walking, driving, cycling, or accompanying animals, and for parking of vehicles including bicycles, with a view to ensuring smooth and orderly movement of traffic;

(b)         licensing for, or regulating and, if necessary in overall public interest, prohibiting the following activities for ensuring the safety and well-being of persons likely to be affected;

(i)           keeping of a place of public amusement or place of public   entertainment;

                   (ii)               playing of music in public streets or public places;

(iii)    using of a loud speaker in any public place, or places of         public entertainment; and

(c)   regulating the entry or exit at any place of public amusement
 or public entertainment, or at any meeting of public assembly and providing for the maintenance of public peace and prevention of disturbance at such places.

6.7:               Power of Commissioner of Police and other Police Officers to give directions to the public:-

 (1) The Commissioner of Police or any officer not below the rank of Inspector, authorized by the Commissioner of Police, may, from time to time, give such orders not inconsistent with this Act, for the following, either orally or in writing, as may be necessary:

(a)     the mode of any assembly or passing of any procession, or the conduct, behaviour or acts of members of such procession and assembly;

(b)      prescribing the routes by which and the time at which such processions may or may not pass;

(c)      preventing obstruction on the occasions of processions and assemblies, and in the neighbor hood of any place of worship during the time of public worship, and in every case when any street or public place or any place of public resort may be thronged or is likely to be obstructed; and/or

(d)      maintaining order in streets, public places and all other places where public throng.

(2)                Powers to issue orders for prevention of disorder:-

               The Commissioner of Police may, whenever and for such time, as he considers necessary for the preservation of the public peace and public safety, by notification, issue an order to the public or to particular individuals prohibiting the following:-

(a)      carrying in any public place, or through public streets, swords, spears, bludgeons, guns, knives, other offensive weapons, or any explosive material;

(b)      collection or carrying of stones or missiles, or any means of casting missiles.

(c)      keeping or offering for exhibition any corpses or effigies or other provocative figures in a public place;

(d)      making a speech, gesture, or any kind of public display which is against
 morality and decency or which, in the assessment of the Commissioner of Police, is likely to create religious animosity or hatred between different communities or individuals, or induces resistance to , or contempt of the law, or of a lawful authority.

(3)               Power to issue orders to prevent danger to human life and imminent threat to peace and order- The Commissioner of Police or any officer not below the rank of Assistant Commissioner of Police may direct, in the manner as prescribed, any person to abstain from a certain act or to take action with respect to any nuclear, biological, chemical or any other dangerous material under his
 possession or control, with a view to preventing danger to human life or injury to any person, or an imminent threat to peace and order.

(4)               Security for keeping peace and order  (1) The Commissioner of Police or any officer of and above the rank of Assistant Commissioner,  on receipt of information that a person-

(a)         is likely to do any wrongful act that may lead to disturbance of public order; or

(b)         habitually commits, or attempts to commit, or abets the of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter XII of the Indian Penal Code (45 of 1860), or under Section 489A, Section 489B, Section 489C or Section 489D of that Code, or

(c)         habitually commits, or attempts to commit, or abets the commission of, offences involving a breach of the peace, or

(d)         is so desperate and dangerous as to render his being at large without security hazardous to the community; may require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for good behaviour in the interest of peace and order in his jurisdiction, for a period not exceeding one year.

(2)           An officer acting under sub-section (1), shall conduct the proceedings and issue orders in accordance with the procedure laid down in Sections 111 to 122, and 124 of the Code of Criminal Procedure, 1973.

6.8:               Removal of persons about to commit offences

 Whenever it appears to the Commissioner of Police-

      (a)    That the movements or acts of any person are causing or are calculated to cause alarm, danger or harm to person or property;
 or

      (b)    That there are reasonable grounds for believing that such person is engaged or is about to be engaged in the commission of an offence involving force or violence or an offence punishable under Chapter XII, Chapter XVI, Chapter XVII or Chapter XXII of the Indian Penal Code or under section 290 or sections 489A to 489E (both inclusive) of that Code or in the abetment of any such offence; or

       (c)    That such person-

(i)  Is so desperate and dangerous as to render his being at large in the Commissionerate or in any part thereof hazardous to the community; or

(ii)         Has been found habitually intimidating other persons by acts of
 violence or by show force; or

(iii)         Habitually commits affray or breach of peace or riot, or habitually makes forcible collection of subscription or threatens people for illegal pecuniary gain for himself or for others or

(iv)         Has been habitually passing indecent remarks on women and girls,  or teasing
 them by overtures; and that in the opinion of the Commissioner of Police witnesses are not willing to come forward to give evidence in public against such person by reason of apprehension on their part as regards the safety of their person or property, the Commissioner of Police may, by order in writing duly served on such person, or by beat of drum or otherwise as he thinks fit, direct such person to so conduct himself as shall seem necessary in order to prevent violence and alarm or to remove himself outside the Commissionerate or any part thereof by such route and within such time as the Commissioner of Police may specify and not to enter or return to the Commissionerate or part thereof, as the case may be from which he was directed to remove himself.

Explanation  A person who during a period within one year immediately preceding the commencement of an action under this section has been found on not less than three occasions to have committed or to have been involved in any of the acts referred to in this section shall be deemed to have habitually committed hat act.

Establishment of Special Armed Police Units

6.9:        The Government may establish such special armed police units, including special riot control squads, for the areas covered under this Chapter, for meeting diverse requirements of riot or mob control, disaster management and VIP security, as necessary, and provide for the requisite equipment and training for such units.

Prevention and Detection of Crime

6.10:       For effective prevention of crime, and speedy and efficient investigation of criminal cases reported, within the area notified in section 1, the Government may, in consultation with the Director General of Police and the Commissioner of Police:

(a)               create and maintain at every police station, a
 dedicated team of police personnel of different ranks exclusively for the purpose of investigation of crime, and provide necessary number of supervisory officers in the rank of Assistant Commissioner;

(b)               constitute one or more specialized investigation units for dealing with major and complex crimes, including organized crime, cyber crime,  and economic offences;

(c)               establish a special criminal intelligence unit with adequate technical and manpower support, capable of tackling the requirements of counter-intelligence also;

(d)               constitute one or more Special Task Forces for counter- operations and for prevention and control of activities of organized criminal groups and anti-social gangs;

(e)               create a special desk in each police station, and one or more specialized units for dealing with crimes against women and children, and the tasks relating to administration of special legislations on crime involving women and children;

(f)               create appropriate cells to deal with crimes relating to senior citizens and tourists;

(g)               provide one or more state-of-the-art Mobile Forensic Science Units, manned by well-trained scientific and police personnel, and adequate facilities for scientific interrogation;

(h)               establish centralized facility for custody of those arrested, in accordance with the lawfully established standards of human rights of persons in custody.

Emergency Response System

6.11:      The Government may establish for each area covered in Section 1, a well-equipped Control Room with adequate communication facilities, dedicated network of patrol vehicles and other necessary wherewithal.   The Control Room should be in a state of preparedness to meet any
 emergency situation with utmost speed and highest efficiency.

6.12:        The Commissioner of Police shall prepare, and regularly update, comprehensive schemes for riot control and disaster management, inter alia, in accordance with the directions, if any, of the Government.

Community
 Participation in Policing

6.13:       (1) The Commissioner of Police shall ensure involvement of the community in policing by constituting a 'Citizens' Policing Committee, every two years, for each locality or a group of localities/colonies, including slums.   These Committees, aimed at promoting the people's participation in safeguarding their own life and property, should comprise an appropriate number of local residents of the area with unquestionable character and
 antecedents and having commitment to public safety and security.   The Committees shall have a fair representation of all strata and professionals of the society in the area, as also due gender representation.

(2)           The Police will take the assistance of these Committees in identifying the existing and emerging needs and priorities of policing in the area, besides involving them in working out and implementing policing strategies/action plans, and in the performance of such other functions as prescribed in the Rules made under this Act.

(3) The police will provide to the public, through these Committees, at regular intervals, a feedback on the action taken on the identified policing needs, and will also endeavour to create public awareness on policing issues by promoting two-way communication through these Committees.

(4)           The meetings of these Committees will be convened, as deemed necessary, but at least once in every three months.   The concerned Assistant Commissioner of Police besides the officer in charge of the police station shall attend the meetings of the Committee.

Police are to be associated in Urban
 Planning

6.14. While planning for any major developmental activity including development of new colonies, in any area specified in section 1, the concerned agency shall consult the Commissioner of Police to assess the likely impact of the proposed developmental activity on the safety and security needs of the citizens or any other policing requirements, and the suggestions based on such assessment shall be given due consideration in finalising the plan.

Powers to operate certain Special Acts

6.15: The State Government shall assign the operation of the following Acts to the Commissioner of Police, as well as any other Act, it deems necessary to do so:-.

1. The Indian Explosives Act, 1884.

2. The Indian Lunacy Act, 1912.

3. The Poisons Act, 1919.

4. The Police (Incitement to Disaffection) Act, 1922.

5. The Suppression of Immoral Traffic in Women and Girls Act,

1956.

6. The Arms Act, 1959.

7. The Prevention of Cruelty to Animals Act, 1960

8. Hotels and Sarais Act.

9. The Cinematograph Act of 1952

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Draft/04.09.2006

Chapter 7

Policing in the Context of Public Order and Internal Security Challenges

Concepts kept in view:-

One of the biggest challenges faced by police today is the threat to internal security and public order from insurgents, terrorists, militants, and other groups. Control and mitigation of such a threat require that an integrated political-developmental strategy is adopted to address the underlying social, economic, and other factors which facilitate the growth and survival of the elements posing the threat. The integrated strategy needs to be adopted at the first sign of emergence of such a threat without waiting for the problem to grow. Similarly, it is important to address the factors which, if neglected, can develop into serious threats to public order. Police must effectively carry out the mandates given to it in various social legislations for this purpose. This chapter mandates and enables the state government and the police to create appropriate structures for facilitating adoption of proper strategy as and when destabilising developments emerge, which threaten public order and internal security. The chapter also addresses latent factors which have the potential for creating such situations, if they are not mitigated in the course of day to day policing.

..xx xx ..xx .xx

7.1. The Director General 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 and major urban areas, to deal with problems of Public Order and Security of State, as specific to the area.

7.2 The Internal Security Schemes so formulated shall be reviewed, and revised as necessary, at least once annually and more frequently if required.

7.3 The Schemes will, 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. Among other things, 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, shall also be covered in the Scheme.

7.4 DGP shall give special attention to disturbance of public order arising out of non-enforcement of social legislation in the backward and poorly accessible areas while preparing the Security/Public Order Plan.

7.5 (a) Any organization, while taking up any activity or programme which has a potential for disturbing law and order will inform the police. Police shall intimate the organization of the law and order implications, if any.

(b) While preparing the Security/Public Order Plan under section 1, the

police shall take into consideration the specific law and order, and security requirements that may arise in each case.

7.6 The Schemes will incorporate regularly updated and comprehensive Standard Operating Procedures (SOPs) 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.

7.7 If and when the security of the State in an area is threatened by activities of terrorists, militants, insurgents, organized crime groups, the Union Government may, with the concurrence of the State Government, declare such area as a Special Security Zone (SSZ).

Provided that any such notification shall be placed before the appropriate legislature for ratification, within a period of six months from the date of issue, or the first sitting of the legislature, whichever is earlier.

Provided that the period of the notification shall not exceed two years unless it is ratified by the Parliament with concurrence of the State.

7.8 The State Government shall create an appropriate police structure and a suitable command, control, and response system, for each Special Security Zone.

7.9 The State Government shall set up an appropriate integrated mechanism to deal with emerging situations.

7.10 Director General of Police shall, with the concurrence of State Government, issue orders, laying down Standard Operating Procedures to be followed by police in a Special Security Zone.

7.11 The Union Government, on the request of the concerned State Governments, may declare areas falling in more than one State as a Special Security Zone and provide for an appropriate integrated mechanism to be funded and resourced by the concerned States and the Union Government.

7.12 The State Government, on the recommendation of Director General and for reasons to be recorded in writing, ban or regulate production, sale, storage, possession or entry of any inflow of funds, or technology, or any explosive, poisonous, chemical, biological or radioactive article or substances in a Special Security Zone, if the use of such material or article is reasonably considered a threat to such security in any manner.

7.13 The State Government, for any Special Security Zone falling within the State, may make rules to prevent and control activities, mentioned in Section 7.12, of persons or organizations, which may have an impact on Internal Security or Public Order.

7.14 In cases where the Special Security Zone extends to more than one State,

the Union Government shall make appropriate rules as contemplated in

Section 7.13.

7.15 The State Government shall, for effectively dealing with Internal Security and Public Order, ensure the involvement of the community and civil society. For this purpose, in consultation with Director General, issue guidelines with regard to constitution of Citizens Committees and ensure the communitys participation for the protection of human rights.

7.16 To facilitate proper prosecution and speedy trial of cases, the State Government may create additional courts or benches in the Special Security Zone with appropriate infrastructure and technology.

Draft/10^th August 2006

Chapter 8

Effective Criminal Investigation and application of science and technology in policing

Concepts kept in view:

Adequate time and attention is required for investigation of Crime. Generally, the police officers get drawn into more pressing and emergent law and order problems and thus, the need to have dedicated wings for investigation work is strongly felt. Law Commission and various committees on Police Reforms have also emphasized on this need. At the same time, it is also realized that any vertical division may deprive the Crime Investigation teams the much needed and valuable field intelligence which is otherwise available with the Law and order personnel who usually conduct patrolling and interact more often with the public. Besides dedicated staff, special training and optimum use of science and technology, both in investigation and other policing tasks, are found useful and required for bettering the policing. Advances in Forensic Science and computer technologies are also taken note of. Dedicated wings for investigation are to be installed, to start with, in urban areas and Crime prone areas. State level Investigation Bureau and its specialized wings have been playing important role and thus, are to be kept up and augmented.

*** *** ****

Constitution of State Bureau of Criminal Investigation (SBCI):

8.1 State Bureau of Criminal Investigation shall be established by the State Government under the charge of a senior police officer who is designated as Director and shall report to State Director General of Police

8.2 The Director of State Bureau of Criminal Investigation shall be provided with appropriate subordinate staff , budget and appropriate financial powers to facilitate his functioning.

8.3 The State Bureau of Criminal Investigation shall ordinarily investigate only

the notified offences in the State . However, the Director General of Police may entrust the Bureau with the investigation of any case registered with any Police Station in the State. The Bureau shall have wings with specially trained personnel to investigate a select few and special type of crimes such as cyber crime, organised crime, homicide and economic offences . It will have in its headquarter a police station with statewide jurisdiction to facilitate registration of cases to be investigated by special squads.

8.4 The Director shall have the power to call for reports of investigation being carried out by the Bureau officers as well as by any Police officer working in the State Police.

8.5 The Director shall have the power to issue advisories to all the investigating officers and their supervisory officers to facilitate better investigation.

8.6 The Director shall arrange for investigation-oriented specialised trainings for the personnel posted to the Bureau as well as other police personnel.

8.7 The Personnel posted to Bureau shall have a tenure of at least three years.

8.8 The district superintendents of police shall provide all assistance criminal intelligence to the crime investigators whether of the Bureau or otherwise.

Earmarked Staff[1] for Investigation

8.9 Every Police Station shall have earmarked staff who will carry out investigation of cases. This staff shall have a tenure of three years in the crime police setup and unless permitted by District S.P. , they shall not be deputed for other duties .

Provided that earmarking of staff for investigation staff shall be done, to start with, in urban police stations and crime prone areas depending on the quantum of crime.

Provided that the traffic offences shall ordinarily be handled and investigated by traffic police only , wherever they are sanctioned.

Provided further that the Law & Order police which visits the scene of crime pertaining to affray, minor disputes affecting public peace, simple hurt cases, minor thefts and instances of public nuisance or disturbance of peace shall be able to investigate them

8.10 The work of crime police will be supervised[2] by one additional S.P (Crime ) in the office of District S.P. He will also have a District Crime Cell under him to investigate Grave crimes and crimes having inter district and interstate ramifications. He will report the progress of investigations through the District Suptd. of Police to his senior officers and the Director of the State Crime Bureau.

Conduct of Investigation on scientific lines.

8.11 All the Investigating Officers whether with the Bureau or otherwise shall carry out the investigation with proper use of scientific techniques such as collection fingerprints and physical / chemical evidence, photography and modern equipments.

8.12 The Bureau will have adequate number of Forensic Scientists, Legal experts and crime analysts to guide the Investigators and advice the Bureau.

8.13 Crime scene reports and forensic expert reports, if any, will accompany

the charge sheet .

8.14 The appropriate government shall prescribe the time frame in which the reports by the examiners of Forensic exhibits and the Medical officers conducting post mortem examination shall be submitted to the forwarding authorities.

Standardization of Forensic Aids.

8.15 Crime scene investigators shall have certification from prescribed authority

8.16 Only approved audio and video tools shall be used in the investigation.

8,17 Every District Police Headquarter shall have a mobile Forensic Laboratory and scientific interrogation center .

8.18 Forensic exhibits for the examination should be submitted by police only

to the approved Forensic Science Laboratories.

Maintenance of Crime and Forensic Data

8.19 The Bureau shall maintain databank on all indicies important for crime investigation , crime prevention and tracing of lost and missing persons and property.

8.20 The Bureau shall maintain adequate linkages with District superintendent of police and with National Crime Records bureau for data updating and exchange.

Encouraging use of science and technology in policing

8.21 The Bureau shall take all measures to encourage the use of Science and Technology in policing, including traffic management, riot control, communications, investigation of cyber and other specialized crimes,etc. It shall provide necessary training and equipment to the police personnel for this purpose.

8.22 It shall be the duty of the Bureau to standardize the investigation procedures and also conduct research and evaluate new techniques and methods. For this purpose, a Research and Development Cell would be set up in the Bureau.

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Draft/10^th August 2006

Chapter 9

Training, Research and Development

Concepts kept in view:-

Policing has gained newer dimensions and calls for in depth studies, constant up gradation and periodic re-training of personnel. Police functionaries are to be sensitized about the ever-growing social challenges and vulnerable segments of the society so that they could take care of the needy and oppressed. These tasks could be accomplished only through systematic and repeated inputs and scope of assimilation. Linkages are envisaged between training and posting/promotion at different levels.

Training:

9.1 The state shall evolve its Training Policy keeping in view its special requirements, which shall be in consonance with the national policy for police training adopted by Union Government in this regard. This policy shall be linked to the personnel policy for promotion and development of human resources.

The training policy shall reflect inter alia the four fold objectives of training, namely, up-gradation of relevant knowledge in police subjects, sharpening of police skills, influencing attitudinal changes, supportive of constitutional values, and practicing of ethical standards in police behaviour.

9.2 The Union Government shall assist establish Regional Training Institutes and National Institutes, with a view to train the trainers of State Training institutes, and organize courses for training state police officers and IPS officers, at different levels, on subjects of national concern like terrorism, organized crime, human rights, and similar subjects.

(a) These Regional Institutes shall also be developed as Centres of excellence on different police subjects.

(b) The Union Government, under the auspices of the National Police Academy will establish the requisite number of training institutions for training of trainers at all levels.

9.3 This training policy shall ensure that police personnel are adequately trained to perform their job. It shall concentrate on proper skill and attitudinal development and shall be linked to promotion/career development of the police personnel.

9.4 When evolving a Training cum Educational policy, full advantage shall be taken of methodologies of distance learning, outsourcing and on the job training.

9.5 The states shall create and upgrade adequate infrastructure and capabilities in their training institutes to ensure imparting at least a two weeks refresher training to all ranks every year for periodic skill up-gradation and attitude orientation.

RESEARCH & DEVELOPMENT

9.6 The State Government shall make arrangements for research and analysis in matters relating to police functioning and performance Union Government may sponsor special studies or research into subjects having direct relevance to police working in general. Union Government may also develop and harvest technology for scientific and technical assistance in the investigation and detection of crime. .

9.7 There shall be a Modernization and Research cell in each state to advise the Director General of Police. This cell shall:

(i) Prepare a five year perspective plan to modernize and upgrade police infrastructure with the objective of enhancing the professional competence and efficient management of the state police organisation. This plan shall cover mobility, weaponry, communication, training, forensic infrastructure, equipments and protective gears, official buildings and residential accommodation, and any other subject which may have bearing on qualitative improvement in policing.

(ii) Keep abreast of various types of equipment required for efficient police working, including new products, arms and ammunition, riot control equipment, traffic control equipment, police transport, and miscellaneous scientific/electronic equipments including scientific aids to investigation.

(iii) Liaise with Bureau of Police Research and Development, academia, reputed laboratories, scientific organizations and institutions and private sector undertakings in the above fields.

(iv) Examine the prevalent system of policing and suggest structural and institutional changes that need to be introduced in the police to function more efficiently and responsively.

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Draft/10^th August 2006

Chapter 10 Regulation, Control And Discipline Of The Police Force

Concepts kept in view:-

While endeavouring to empower the police to meet the ever increasing challenges in policing, the procedures to ensure discipline of the force is also found extremely necessary. Levels of appeal have been specified to save from undue pressures from outside.

Framing of rules for administration of police

10.1. Subject to the orders of the State Government, the Director General/Inspector General shall make rules or orders not inconsistent with this Act or with any other enactment for the time being in force –

(i) for the prevention and investigation of crime;

(ii) for the maintenance of law and order;

(iii) for regulating and inspection of the services provided by his or her subordinates;

(iv) for determining the description and quantity of arms, accoutrements, clothing and other necessaries to be furnished to the Police;

prescribing the places of residence of members of the Police Service;

for the institution, management and regulation of any Police fund for any purpose connected with Police administration;

regulating, the distribution, movements and location of the Police;

assigning duties to Police Officers of all ranks and grades and prescribing

i. the manner in which, and

ii. the conditions subject to which, they shall exercise and perform their respective powers and duties;

regulating the collection and communication of intelligence and information by the Police of;

prescribing the books and registers to be maintained and the returns to be submitted by Police Officers; and

generally, for the purpose of rendering the police efficient and preventing abuse or neglect of their duties.

Disciplinary Penalties

10.2. (1) Subject to the provisions of Article 311 of the Constitution and the applicable rules, any police officer of the rank of Superintendent Police or above, in accordance with the procedure prescribed under the Rules and regulations made under this Act, can award any of the following punishments to any police officer of subordinate rank for whom such officer is an appointing authority.

(a) dismissal;

(b) removal from service;

(d) reduction in rank;

explanation: police officers of subordinate rank include all ranks from Constable to Inspector and their equivalent.

(2) Any police officer of the rank of Superintendent Police or above in accordance with the procedure prescribed under the Rules, can award any of the following punishments to any police officer of subordinate rank.

reduction in pay;

withholding of increment;

withholding of promotion; and

fine not exceeding one months pay;

Reprimand or censure.

(3) An Assistant Superintendent of Police or any other officer of equivalent rank, may award the punishment of reprimand or censure to police officers of or below the rank of Sub Inspectors of Police.

(4) Any police officer of and above the rank of Inspector may award punishments to Constables and Head Constables prescribed in the rules under this Act.

(4) Any punishment mentioned in subsection (1) to (3) awarded to any police officer will not affect his liability for prosecution and punishment for any offence committed by him.

Suspension

10.3. (1) Superintendent of Police and above or any other officer of equivalent rank may place a police officer of subordinate rank under suspension

(a) Where a disciplinary proceedings for award of major punishment against him is contemplated or is pending ; or

(b) Where in the opinion of the authority aforesaid there is a prima facie case that he has engaged himself in activities prejudicial to the security of the State pending completion of enquiry; or

(c) Where a case against him in respect of any criminal offence is under investigation, inquiry or trial and, in the opinion of the aforesaid authority, there is a prima facie case.

(2) Every order of suspension passed under this section shall be in writing giving briefly the reasons there of.

(3) Where a Police Officer is suspended (whether in connection with any disciplinary proceeding or otherwise) and any other disciplinary proceeding is commenced against him during the continuance of that suspension, the authority competent to place him under suspension may, for reasons to be recorded by him in writing, direct that the police officer shall continue to be under suspension until the termination of all or any such proceedings.

(4) An order of suspension made shall at any time be revoked, modified or reviewed suo moto every six months or earlier or on the representation of the suspended officer by the authority which made the order or by any authority to which that authority is subordinate.

10.4. Suspension orders of police officers of subordinate rank shall be made only by of and above the rank of Superintendent of Police or of equivalent rank.

10.5 Suspension of IPS and SPS officers shall require the approval of the appointing authority.

Disciplinary Misconducts

10.6 . A police officer shall be liable for disciplinary action for (1) disobedience of lawful orders, (2) neglect of duty, (3) insubordinate or oppressive conduct, (4) malingering or unauthorized absence from duty, (5) act of cowardice, or any act unbecoming of a police officer.

Appeals from orders of punishment

10.7. (1) An appeal against any order of punishment passed against a police officer under section 2 or the rules there under shall lie:-

(a)where order is passed by the Chief of State Police, to the State Government;

(b)where order is passed by an officer subordinate to the Chief of State Police, to the next higher ranking officer in the police hierarchy.

Provided no appeal/revision in disciplinary matters, where the Director General of Police or the State Government has not passed the original disciplinary matters, shall go beyond Director General of Police.

Separate set of rules for police personnel

10.8. All Police personnel, not governed by All India Service or State Service

Rules, shall be exempted from application of classification, discipline, and appeals rules which are applicable to other State Government Employees, separate set of rules for police personnel shall be framed to facilitate timely disposal of disciplinary proceedings. Indian Police Service or State Police Service officers shall be governed by their respective rules.

Police officers always on duty

10.9. Every police officer* 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 employed as police officer in any part of the State.

* Police officer includes all ranks of Police.

10.10. A police officer shall not abdicate his duties or withdraw himself from the duties thereof, unless expressly allowed to do so in writing by the Director General/Inspector General of Police or by such other officer as may be authorized by the Director General/Inspector General of Police to such permission , or by competent officer in case of Indian Police Service Officers and State Police Service Officers, or unless he shall have given to his superior officer, notice in writing for a period not less than two months of his intention to do so or as prescribed in their service rules in case of Indian Police Service Officers and State Police Service Officers.

Explanation:

A police officer who, being absent on leave, fails without reasonable cause to report himself for duty on the expiration of such leave shall be deemed within the, meaning of this section, to withdraw himself from the duties of his office or by competent officer in case of Indian Police Service Officers and State Police Service Officers.

10.11. No police officer shall engage in any employment or office whatever other than his duties under this Act, unless expressly permitted to do so in writing by the Director General/inspector General of Police or by some other authorized officer.

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Draft / 06-09-06

Chapter 11:

Police Accountability

11.1 In addition to the already existing mechanisms, and the existing functions, duties and responsibilities of the departmental authorities in this regard, accountability of the police shall be ensured through the mechanisms detailed in this chapter.

11.2. Police Accountability Commission

The State Government shall, within three months of the coming into effect of this Act, establish a state-level Police Accountability Commission (the Commission), consisting of Members and such other staff as may be necessary, to inquire into public complaints against the police for serious misconduct.

11.3. Composition of the Commission

The Commission shall have five members with a credible record of integrity and commitment to human rights and shall consist of:

a) A retired High Court Judge, who shall be the Chairperson of the Authority;

b) A retired police officer from another state cadre, superannuated in the rank of Director General of Police;

c) A person with a minimum of 10 years of experience in law either as a judicial officer, public prosecutor, practicing advocate, or a professor of law;

d) One member of repute and standing from the civil society; and

e) A retired officer with experience in public administration from another state.

Provided that at least one member of the Commission shall be a woman and not more than one member shall be a retired police officer.

11.4. Selection of Chairperson and Members of the Commission

(1) The Chairperson of the Commission shall be appointed from out of a panel of three retired high court judges received from the Chief Justice of the High Court concerned,

2) Members of the Commission other than the Chairperson, shall be appointed on the recommendation of a Selection Panel consisting of (i) the Chairperson of the Commission; (ii) the Chairperson of the State Public Service Commission; and (iii) the Chairperson of the State Human Rights Commission or, in the event of there being no such Commission in the State, the Lokayukta or the Chairperson of the State Vigilance Commission,

(3) The Selection Panel shall be constituted not later than one month from the coming into effect of this Act and shall nominate members of the Commission within two months of its constitution and as and when required thereafter.

(4) Vacancies in the Commission shall be filled up as soon as practicable, and in no case later than three months after a seat has been vacated.

(5) In selecting members of the Commission, the Panel shall adopt a transparent process.

11.5. Ineligibility for membership

A person shall be ineligible to be a member of the Commission, if he:

(a) Is not a citizen of India; or

(b) Is above 70 years of age; or

(c) Is serving in any police, military or allied organisation, or has so served in the twelve months preceding such appointment; or

(d) Is employed as a public servant; or

(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 organisation declared as unlawful;

(g) Is an office-bearer or a member of any political party; or

(h) Has been convicted for any criminal offence involving moral turpitude or for an offence punishable with imprisonment of one year or more; or

(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

11.6. Term of office of Members

(1) The term of office of a Member, including the Chairperson, shall be three years unless:

(a) he resigns at any time before the expiry of his term; or

(b) he is removed from the office on any of the grounds mentioned in Section 8.

(2) Members shall be eligible for reappointment on the expiry of term, provided that no member shall be eligible to hold office for more than two terms.

11.7. Terms and conditions of service of members including chairperson

(1) Members shall serve full time.

(2) The remuneration, allowances and other terms and conditions of service of the members shall be as notified by the state government from time to time and shall not be varied to their disadvantage after appointment.

11.8. Removal of members

(1) Any member of the Commission may be removed from office, on the recommendation of the Commission, by an order of the State Government on the grounds of:

(a) proven misconduct or misbehaviour, or

(b) persistent neglect to perform duties

(2) Any member of the Commission shall also be removed from the Commission by an order of the State Government:

(a) on the occurrence of any situation that would make a member ineligible for appointment to the Commission under Section 5; or

(b) if any member engages during his term of office in any paid employment outside the duties of his office

11.9. Inquiry and other staff

(1) Members of the Commission shall be assisted by adequate staff with requisite skills, for efficient discharge of their functions.

(2) The strength of the staff may be prescribed by the State Government, keeping in view the size of the state and its population, and the average number of complaints against the police, and shall be periodically reviewed and revised as necessary.

(3) The staff shall be selected by the Commission, inter alia, on a contractual basis, through a transparent process.

(4) The remuneration and other terms and conditions of service of the staff shall be as prescribed from time to time.

11.10. Conduct of business

The Commission shall devise its own rules for the conduct of its business.

11.11. Functions of the Commission

(1) The Commission shall inquire into allegations of serious misconduct by police personnel, as defined below, either suo motto or on a complaint or information received from any of the following:

(a) a victim or any person on his behalf;

(b) the National or the concerned State Human Rights Commission;

(d) any other source.

Explanation:

Serious misconduct for the purpose of this chapter shall mean any act or omission that leads to or amounts to:

(i) Death in police custody

(ii) Grievous hurt, as defined in Section 320 of the Indian Penal Code;

(iii) Rape or attempt to commit rape;

(iv) Malicious arrest or malicious detention without due legal justification

Provided that the Commission shall enquire into a complaint of malicious arrest or malicious detention, only if it is satisfied prima facie about the veracity of the complaint.

(2) The Commission may also inquire into any other case referred to it by the Director General of Police if, in the opinion of the Commission, the nature of the case merits an independent inquiry.

(3) The Commission may monitor the status of departmental enquiries / 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 enquiry, if in the Commissions opinion the enquiry / 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 affects the rights of any member of the public, excluding serious misconduct as defined in sub-section (1)

(4) The Commission may also call for a report from, and issue appropriate advice for further action including, if necessary, a fresh enquiry 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 Commission; and

(5) The Commission may lay down general guidelines for the state police organisation to prevent misconduct by police personnel.

11.12. Powers of the Commission

(1) In the cases directly enquired by it, the 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, namely :

(a) Summoning and enforcing the attendance of witnesses and examine them on oath;

(b) Discovery and production of any document;

(d) Requisitioning any public record or copy thereof from any court or office;

(e) Issuing authorities for the examination of witnesses or documents;

(f) Any other matter as may be prescribed.

(2) The 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 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 section 176 and section 177 of the Indian Penal Code.

(3) The Commission shall be deemed to be a civil court and when any offence, as described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code, is committed in the view or presence of the Commission, the Commission 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 and 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 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, the 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 Commission shall have the power to advise the State government measures to ensure protection of the witness(es) or victim(s) and/or their families who might face any threat for making the complaint or for furnishing evidence.

(6) The Commission may, under prior intimation to the state government, visit any police station, lock-up, or any other place of detention used by the police.

11.13. Statements made to the Commission

No statement made by a person in the course of giving evidence before the 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 by such statement.

Provided that the statement:

(a) is made in reply to the question which he is required by the Commission to answer; or

(b) is relevant to the subject matter of the inquiry.

Provided further that on conclusion of the enquiry into a complaint of serious misconduct against the police, if the Commission is satisfied that the complaint was vexatious, frivolous or malafide, the Commission may impose such fine as considered appropriate on the complainant.

11.14. Persons likely to be prejudicially affected to be heard

If, at any stage of the inquiry, the 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.

11.15. Inquiry Procedures

The Commission shall inquire into all cases in accordance with the procedures laid down in appropriate rules and regulations and departmental manuals.

11.16. Decisions and Directions of the Commission

(1) In the cases directly inquired by the Commission, it may, upon completion of the inquiry, communicate its findings to the Director General with a direction to :

i. register a First Information Report, or

ii. initiate departmental action,

duly forwarding the evidence collected by it to the police. Such direction of the Commission shall be binding on the police department.

Provided that the Commission, before finalising its own opinion in all such cases shall give the Director General an opportunity to present the departments view and additional facts, if any, not already in the notice of the Commission.

Provided further that, in such cases, the Commission may review its findings upon receipt of additional information from the police that may have a material bearing on the case.

(2) The Commission may also recommend to the state government the payment of monetary compensation by the government to the victims of misconduct in such cases.

11.17. Reports of the Commission

(1) The Commission shall prepare an annual report at the end of each calendar year, inter alia, containing:

(a) the number and type of cases 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 was issued by it to the police for further action;

(d) the identifiable patterns of misconduct on the part of police personnel in the state; and

(e) recommendations on measures to enhance police accountability.

(2) The annual report of the 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 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.

11.18. District Complaints Authority

(1) The state government shall establish in each police district or a group of districts in a police range in the state a District Complaints Authority to monitor departmental inquiries into cases of complaints of misconduct by police personnel, as defined in section 11 (3).

(2) The District Complaints Authority shall have three members with a credible record of integrity and commitment to human rights and shall consist of a retired District and Sessions Judge, who shall be the Chairperson of the Authority; a retired senior police officer, and a person with a minimum of 10 years of experience in law either as a judicial officer, public prosecutor, practicing advocate, professor of law, or a person with experience in public administration, as Members.

(3) The Chairperson and other members of the District Complaints Authorities will be appointed by the Government on the recommendation of the Selection Panel referred to in section 4 (2).

(4) Vacancies in the Commission shall be filled up as soon as practicable, and in no case later than three months after a seat has been vacated.

(5) In selecting members of the Commission, the Panel shall adopt a transparent process.

(6) The conditions of eligibility, term of office, terms and conditions of service and conditions of removal from office for the Chairperson and Members of the District Complaints Authorities will be the same as provided in sections 5, 6, 7 and 8, respectively.

(7) The District Complaints Authority shall be assisted by adequate legal and administrative staff with requisite skills and experience.

(8) The staff shall be selected by the Commission, inter alia, on a contractual basis, through a transparent process.

(9) The remuneration and other terms and conditions of service of the staff shall be as prescribed from time to time.

11.19. Functions of District Complaints Authority

The District Complaints Authority shall –

(a) forward the complaints of serious misconduct, received directly by it from the public, to the Commission for further action;

(b) forward for further action, the complaints of misconduct received by it, to the District Superintendent of Police

Provided that if the complaint contains allegations against any officer of and above the rank of Assistant / Deputy Superintendent of Police, the District Complaints Authority shall forward the same to the Director General of Police under intimation to the Commission, for further action.

(c) monitor the status of departmental enquiries / action on the complaints of misconduct against police officers below the rank of Assistant/ Deputy Superintendent of Police, through a quarterly report obtained from the District Superintendent of Police;

(d) issue appropriate advice to the District Superintendent of Police for expeditious completion of enquiry, if, in the Authoritys opinion, the enquiry is getting unduly delayed in any such case;

(e) The Authority may also call for a report from, and issue appropriate advice for further action including, if necessary, a fresh enquiry by another officer, to the District Superintendent of Police when a complainant, being dissatisfied by an inordinate delay in the process of departmental inquiry into his complaint of misconduct, brings such matter to its notice;

Provided that if the matter relates to any complaint of misconduct by an officer of or above the rank of Assistant/ Deputy Superintendent of Police, gazetted police officer, the Authority shall forward it to the Commission for further action and

(f) report to the Commission cases where departmental enquiry into misconduct is not concluded in time by the police department in spite of the Authoritys advice(s) to the District Superintendent of Police / Director General of Police, as the case maybe.

11.20. Report of the District Complaints Authority

Each District Complaints Authority shall prepare and submit to the Commission an annual report at the end of each calendar year, inter alia, containing:

(a) the numbers and types of cases of serious misconduct and misconduct forwarded by it to the Commission and the District Superintendents of Police respectively, during the year;

(b) the number and types of cases monitored by it during the year;

(c) the number and types of cases of misconduct referred to it by the complainants upon being dissatisfied by the departmental inquiry into his complaint;

(d) the number and types of cases referred to in (c) above in which advice was issued by it to the police for further action;

(e) the identifiable patterns of misconduct on the part of police personnel in the state; and

(f) recommendations on measures to enhance police accountability.

11.21. Rights of the complainant

(1) The complainant may lodge his complaint relating to any misconduct including serious misconduct on the part of police personnel with either the departmental police authorities or with the Commission or the District Complaints Authority.

(2) In cases where a complainant has lodged a complaint with the police authorities, he may inform the Commission or the District Complaints Authority at any stage of the departmental inquiry about any undue delay in the process of enquiry.

(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 authorities/Commission). Upon completion of inquiry/ departmental proceedings, the complainant shall be informed of the conclusions of the same as well as the final action in the case.

(4) The complainant may attend all hearings in an inquiry concerning his case. After each hearing, the complainant shall be informed of the date and place of the next hearing.

(5) All hearings 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 wishes.

11.22. Duty of the police and other state agencies

(1) The police shall refer all allegations of serious misconduct by police personnel coming to their notice, to the Commission.

(2) It shall be the duty of the heads of the district police and the state police as well as any other concerned state agency to provide to the Commission and the District Complaints Authority all information they may reasonably require to perform their duties provided for in this Chapter.

11.23. Interference with the functioning of the Commission or the Authority

(1) Whoever influences or interferes with the functioning of the Commission or the District Complaints Authority, except in the course of lawful duty, shall, on conviction by a court of law, be liable to a fine or to imprisonment for a term not exceeding one year, or both.

(2) Any threat, coercion or inducement offered to any witness or victim of police misconduct and serious police misconduct shall be deemed to be interference with the functioning of the Commission.

11.24. Training

It shall be the duty of the Commission to ensure that all its Members, Investigators, other staff Members as well as Members of the District Complaints Authorities and their staff are regularly trained, inter alia, on relevant:

(i) Technical and legal issues related to departmental inquiries;

(ii) Specific forms of human rights violation; and

(iii) Appropriate handling of victims of police abuse

Police Accountability For Performance

11.25. Review of police performance

(1) The State Police Board shall regularly evaluate and review the performance of the police in the State. For this purpose, the Board shall :

(a) Identify performance indicators to evaluate the functioning of the police service, which shall, inter alia, include operational efficiency, public satisfaction, victim satisfaction vis-à-vis police investigation and response, accountability, optimum utilization of resources, and human rights record.

(b) Review and evaluate organisational performance of the state police against: (i) the annual policing plan provided for in section 3.2 of Chapter III of this Act, (ii) performance indicators as identified and laid down by the Board itself, and (iii) resources available with and constraints of the police.

(d) Suggest ways and means to improve the efficiency, effectiveness, accountability, and responsiveness of the police

(2) To assist the Board to regularly review and evaluate police performance, the State Government may establish an Inspectorate of Performance Evaluation, headed by a retired police officer superannuated in the rank of Director General, assisted by as many staff members as prescribed and drawn from amongst serving or retired police officers, social scientists, police academics and statisticians, appointed by the State Government from panels of names recommended by the Board.

(3) The conditions of eligibility, term of office, terms and conditions of service and conditions of removal from office for non-official members of the Inspectorate will be the same as provided in sections 5, 6, 7 and 8, respectively.

(4) In performing the performance evaluation functions, the Board may itself or through its Inspectorate, any other agency or officers authorised by them in this behalf:

(a) visit any police station, offices or any other police establishment;

(b) examine any document and records maintained by the police; and

11.26. Reports of the Board on police performance

(1) The Board shall, at the end of each calendar year, prepare and forward to the state government an annual report on police performance, which shall, inter alia, include recommendations for improvement.

(2) This report shall be laid before the state legislature in the budget session and shall be a public document, made easily accessible to the public.

11.27. Protection of action taken in good faith

No suit or other legal proceeding shall lie against the State Government, the State Police Board, its members and staff, the Police Accountability Commission, its members, Investigators, staff or any person acting under the direction of the Board or the Commission, or members or staff of the District Complaints Authorities, in respect of anything which is in good faith done or intended to be done in pursuance of the provisions of this chapter or of any rules or any order made there under or in respect of any report, publication or proceedings by or under the authority of the Central Government, State Government, the State Police Board, the Commission or the District Complaints Authority.

11.28. Funding

The State Government shall ensure that adequate funds are provided to the Commission and the District Complaints Authorities for the effective performance of their functions and that the police are not required to provide any material or human resources to the Commission or the District Complaints Authorities for their smooth functioning.

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Draft/10^th August 2006

Chapter – 12

Welfare and Grievance redressal mechanisms for Police Personnel.

Concepts kept in view:-

Welfare includes ensuring proper career progression and institutionalizing a fair and participating system of grievance redressal. Police personnel seek recognition and adequate assurance for meeting their professional challenges. They suffer long continued inadequacies, such as low conveyance allowances, lack of stationery and other required facilities, which once taken care of , shall save their excuses for adopting corrupt practices. An over-occupied police functionary tend to neglect his family responsibilities, and thereby suffer additional stress. While we talk of police welfare, the well-being of dependents of police officials is, thus, relevant.

11.1 Career Progression:-

The State Government shall formulate a policy in order to ensure adequate promotional avenues to meritorious police officers of all ranks.

11.2 Welfare Board

(1) There shall be a Police Welfare Board, headed by an officer not

below the rank of Inspector General of Police, in the office of DGP

to assist him to implement welfare measures for police personnel.

(2) The functions and activities of the Police Welfare Board shall inter alia include:

Health care (including post-retirement health care).

Post-retirement/ post-death financial security,

Post-retirement housing,

Education and Career counselling of family members of police officer,

Training of family members in small-scale manufacturing and other entrepreneurial work/self-employment.

(3) The Board shall comprise of representatives of all police ranks and may also have other members in advisory capacity. The members of the Board shall be nominated by the DGP.

(4) The Police Welfare Board shall lay down norms and policies, and review and monitor welfare activities undertaken by various police units in the State.

(5) The Board shall interact with government departments, public sector

undertakings and others to facilitate gainful employment for

retired police officers and for family members of police officers who have lost

their lives in line of duty.

(6) Adequate funds shall be made available to the Board for the welfare of

police officers, which will have two components:

a) Outright grant by the State, and

b) Matching grant by the State to the contribution made

by the police personnel towards the welfare fund of the department.

11.3 Insurance Coverage, hospitals etc.

(1) State Government shall provide adequate insurance coverage for all police officers against any injury, disability, or death caused in the course of performance of their duty.

(2) The Police functionaries engaged in specialized wings such as operations, bomb disposal squad, Commando Groups etc. shall be paid risk allowance to commensurate with the possible risks involved in performing those duties.

(3) Besides developing exclusive hospitals both for general treatment and for specialized services, police officials shall also be allowed medical insurance that would enable them to keep up the required standards of health and physical fitness.

(4) Facilities for psychological counseling , in order to cope with professional stresses, shall be given due attention in the police hospitals and other police establishments.

11.4 GRIEVANCE REDRESSAL

(1) The Director General of Police shall put in place a fair, transparent, and

participatory system of redressal of grievances of individual police officers.

(2) There shall be an effective grievance redressal mechanism in the police headquarters to deal with collective grievances of police officers, which shall be freely received and channeled upwards from all levels of the organization.

(3) The grievances that cannot be redressed by the police

headquarters shall be forwarded to the State Police Board which, in turn, shall advise the State Government along with their recommendations, for taking effective remedial measures.

(4) An analysis of the grievances, their causes and their adverse impact

on the morale and efficiency of Police department shall be carried out annually . This analysis shall also be included in the Annual Report of The State Police Board.

11.5 WORKING HOURS

The state government shall take effective steps to ensure that the average hours of duty of a police officer does not exceed eight hours a day. Provided that for exceptional reasons the hours duty of a police officer may extend up to 12 hours. In that event adequate compensation and facilities shall be provided to the police officers.

(2) The state government shall also ensure that at least one weekly off is provided to all police officer.

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aft / 6.9.06

CHAPTER 13:

General Offences, Penalties, and Responsibilities

Concept kept in view:-

The objective of this chapter is to make police responsive to issues, which affect the public safety in the normal course of day to day life; to bring expeditious and immediate relief to public; and help community in its endeavour to improve quality of life through self-regulation and self-governance.

The roles and functions of police, as enumerated in Chapter-4, require matching authority to police to discharge their responsibilities. All the expectations from police cannot be met through the authorisation and powers vested in police by other laws of the land. Even the existing Police Act of 1861 has provisions, which enabled and authorised police to take action in certain matters, which are essential for police to discharge its functions effectively. Moreover, the sections implicitly alongside imposed some responsibilities and duties on the citizens in this connection.

This chapter endeavours to address the above necessities.

All the proposed sections do not automatically come into force, and Superintendent or Commissioner of Police is required to decide where to enforce some of the sections or sub-sections of this chapter. Priority has also been given to the provisions of local or special laws wherever they exist, in order to ensure that the initiative of the community for self-governance is not inhibited.

xx ..xx xx ..xx

Order in Streets and Public Places

13.1. Regulation of public assemblies and processions

(1) It shall be duty of any person intending to form a procession or convene or collect an assembly in any road, street or thoroughfare, to give intimation in writing to the officer in charge of the concerned police station. All orders and directions as response to the intimation should be given within 48 hours of receipt of intimation, as far as possible.

(2) The District Superintendent or Assistant/ Deputy Superintendent of Police, on being satisfied that such an assembly or procession would, if uncontrolled/ unregulated, be likely to cause a breach of peace, may prescribe necessary conditions including making provisions 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 prohibit the assembly or procession.

(3) The District Superintendent or Assistant/Deputy Superintendent of Police may, where necessary, direct the conduct of all assemblies and processions on the public roads, or in the public streets or thoroughfares, and prescribe the routes by which, and the times at which, such processions may pass.

13.2. Assemblies and processions violating prescribed conditions

(1) The Commissioner of Police or the Police Officer in charge of a Police District, a Sub-division or a Police Station may stop any assembly or procession which would violate the conditions set under Section 1 (3), 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) shall be dealt with as an unlawful assembly.

13.3. Regulation of the use of music and other sound systems in public places

The District Superintendent or Assistant/ Deputy Superintendent of Police may regulate the time and the volume at which music, sounds, performances, displays, and other outdoor activities are used in or near streets and public places, that cause annoyance to the residents of the neighbourhood.

13.4. Directions to keep order on public roads

(1) The Commissioner of Police or the Police Officer in charge of a Police District, a Sub-division or a Police Station, or any other Police Officer authorized by such an Officer may give reasonable directions to the public to keep order on public roads and streets, thoroughfares, ghats, landing-places, railway stations, airports and all other places of public resort, in order to prevent obstructions, injury, harm, pollution, or annoyance to passers by.

(2) The Commissioner or Superintendent of Police, as the case may be, in areas under their respective charges or any part thereof, may issue general directions under sub-section (1), as per procedure laid down in section 17.

13.5. Penalty for disobeying orders or directions

Every person not obeying the lawful orders issued under sections 1, 3 and 4, can be arrested and shall be liable, on conviction before a Magistrate, to a fine not exceeding five thousand rupees.

13.6. Power to reserve public places and erect barriers

(1) The Commissioner or Superintendent of Police may, by public notice, temporarily reserve for any public purpose any street or other public place and prohibit persons from entering the area so reserved, except on such conditions as may be specified.

(2) The Commissioner or Superintendent of Police may:

(a) authorise any police officer to erect barriers/ and or shelters on public roads and streets to temporarily stop vehicles in order to verify that given legal provisions have not been contravened; and

(b) make such orders as s/he deems fit for regulating the use of such barriers and prescribing all possible steps to be taken for safety of the public.

Police Related Issues

13.7. Police-officers to take charge of unclaimed property

A police officer on duty shall take charge of all unclaimed property and take action for their safe custody and disposal in accordance with the procedure prescribed in the Rules.

13.8. Obstruction in Police Work

Any person, who obstructs the discharge of duties and functions of a police officer, shall on conviction will be liable to simple imprisonment not exceeding three months or fine not exceeding ten thousand rupees.

13.9. Unauthorised use of police uniform

Whoever, not being a member of the State Police wears, without the permission of an officer authorised by the State Government in this behalf by general or special order, the uniform of the state police or any dress having the appearance or bearing any of the distinctive marks of that uniform, s/he shall, on conviction, be punished with imprisonment not exceeding six months or fine which may extend to ten thousand rupees.

13.10. Refusal to deliver up certificate etc. on ceasing to be police-officers

Whoever, having ceased to be an enrolled police officer, does not forthwith deliver up his/her certificate of appointment, clothing, accoutrements and other necessaries supplied for the execution of his/her duty, shall be liable, on conviction before a Magistrate, to a fine not exceeding five thousand.

13.11. False or misleading statement or document

Whoever makes a false statement or a statement which is misleading in material particulars to a police officer for the purpose of obtaining any employment or benefit shall, on conviction, be punished with imprisonment for a term which may extend to three months and with a fine which may extend to five thousand rupees.

Offences by Police

13.12. Dereliction of duty by a police officer

(1) Whoever, being a police officer:

(a) wilfully breaches or neglects to follow legal provisions, procedures, rules, regulations applicable to members of the Police Service; or

(b) without lawful reason, fails to register a FIR as required by Section 154 of the Code of Criminal Procedure; or

(c) violates his duties as a police officer in cases where no punishment is expressly provided by any other law in force; or

(d) acts in a manner unbecoming of a police officer; or

(e) is in a state of intoxication, while on duty; or

(f) malingers, feigns, or exaggerates illness or injury or voluntarily causes hurt to her/himself with a view to evading dutyshall, on conviction, be punished with imprisonment for a term which may extend to three months or with a fine which may extend to ten thousand rupees.

(2) Whoever, being a police officer:

(a) is guilty of cowardice; or

(b) abdicates duties or withdraws from duties in contravention to section 10 of Chapter XI of the present Act; or

(d) engages her/himself or participates in any demonstration, procession or strike, or resorts to, or in any way abets any form of strike, coerces or uses physical force to compel any authority to concede anything; or

(e) is guilty of unwelcome sexually determined behaviour in the course of duty, whether towards other police officers or any member of the public;

shall, on conviction, be punished with imprisonment for a term which may extend to one year or /and with a fine which may extend to ten thousand rupees.

13.13. Arrest, search, seizure and violence

Whoever, being a police officer:

(1) without lawful authority or reasonable cause enters or searches, or causes to be entered or searched, any building, vessel, tent or place; or

(2) unlawfully and without reasonable cause seizes the property of any person; or

(3) unlawfully and without reasonable cause detains, searches, or arrests a person; or

(4) unlawfully and without reasonable cause delays the forwarding of any person arrested to a Magistrate or to any other authority to whom s/he is legally bound to forward such person; or

(5) subjects any person in her/his custody or with whom s/he may come into contact in the course of duty, to torture or to any kind of inhuman or unlawful personal violence or gross misbehaviour; or

(6) holds out any threat or promise not warranted by law; Shall, on conviction, be

punished with imprisonment for a term which may extend to one year and

shall be liable to fine not exceeding ten thousand rupees.

Offences by the public

13.14. Offences by the public

(1) Any person who commits any of the following offences on any road or any open place or street or thoroughfare within the limits of any town to which this section shall be specially extended by the State Government or adopted by the concerned local Government, to the obstruction, inconvenience, annoyance, risk, danger or damage of the residents or passengers shall, on conviction before a Magistrate, be liable to a fine not exceeding ten thousand rupees :

(a) Obstructing passengers: Whoever allows any cattle to stray, or keeps 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 who leaves any conveyance in such a manner as to cause inconvenience or danger to the public;

(b) Being found intoxicated and riotous: Whoever is found intoxicated and riotous;

(c) Neglect to protect dangerous places: Whoever neglects to fence in or duly to protect any well, tank, hole or other dangerous place or structure under his/her charge or possession; or by omission creates a hazardous situation in a public place.

(d) Defacement of buildings: Whoever defaces, affixes notices, and writes graffiti on walls, buildings without the prior permission of the custodian of the property;

(e) Affixing notice etc. upon public property: Whoever, without the consent of the government or public authority concerned, affixes any bill, notice or other paper, or writes, defaces, marks upon any lamppost, tree, letterbox, transformer, street or any other property belonging to Government or any public authority;

(f) Willful trespass into public property: Whoever without sufficient cause willfully enters or remains in or upon any dwelling house or office building belonging to the Government or land or ground attached thereto or on any vehicle belonging to Government, whether he causes any actual damage or not;

(g) False alarm to police or other essential services: Whoever knowingly spreads rumours or gives, sends, conspires, or causes to be given a false alarm to the police or other essential services or, willfully damages or sabotages public alarm system.

(h) Sabotaging an essential service to spread panic:

Whoever knowingly and willfully causes or conspires to cause damage or sabotage to an essential service, in order to cause general alarm or panic among the public.

(i) Disregard of notice in public building: Whoever, in any building occupied by the government or any local body, acts in contravention of a notice properly displayed by the competent authority.

Provided a complaint to the effect is made by an authorized functionary of the concerned office.

(j) Harassing women: Whoever causes annoyance to a woman by making indecent advances or calls or by stalking .

Provided a complaint to the effect is made by the victim.

(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).

(3) Whoever repeats any offence under sub-section (1) shall be liable to enhanced punishment.

Procedural Matters

13.15. Procedure for posting directions and public notices

(1) All general directions, regulations, and public notices passed under this Chapter shall be published by posting notices in the office of the concerned District Magistrate, Revenue Officer, Panchayat office and in the locality affected thereby by affixing copies thereof in conspicuous places near to the building, structure, work or place, as the case may be, to which the same specially relates or by proclaiming the same by the beating of drum or by advertising the same in such local newspapers, and other media/ technology as the Commissioner or Superintendent of Police may deem fit, or by any three or more of these means, or by any other means he may think suitable.

Provided that any such direction or regulation may be made without previous publication if the Commissioner or Superintendent of Police is satisfied that circumstances exist which render it necessary that such regulation, should be brought into force at once.

(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 bylaw 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 bylaw.

13.16. Prosecution of Police Officers

(1) No court shall take cognizance of any offence under this Act when the accused person is a police officer except on a report in writing of the facts constituting such offence by, or with the previous sanction of an officer authorised by the State Government in this behalf.

(2) No court below that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence under this Act when the accused person or any of the accused person is a police officer, except the provisions made in Chapter VII of this Act.

13.17. Prosecution for offences under other laws

Subject to the provisions contained in section 300 of the Code of Criminal Procedure, 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.

13.18. Summary disposal of certain cases

(1) A court taking cognizance of an offence punishable under sections 5, 13 and 16 may state upon the summons to be served on the accused person that s/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 not exceeding one thousand rupees in the case of an offence punishable under section 5 and in any other case two thousand rupees, as the court may specify.

(2) Where an accused person pleads guilty and remits the sum specified in the summons, under subsection (1), no further proceedings in respect of the offence / shall be taken against that person.

13.19. Recovery of penalties and fines imposed by Magistrates

Provisions of Sections 64 to 70 of the Indian Penal Code and sections 386 to 389 of the Code of Criminal Procedure 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, any person sentenced to fine under section 13 and 16 may be imprisoned in default of payment of such fine, for any period not exceeding eight days.

13.20. Limitation of actions

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

xxxxx

Draft/.2006.

Chapter 14

Miscellaneous

(to be finalised).

[1] Law Commission in 154^th reort has advocated Separation of investigative police from law and order police. Padmanabhaiah committee also recommended separation of linvestigation from aw and order wing. Malimath committee also recommended a Division of police in crime police and law and order police in larger cities ,the former investigating all serious crimes and certain other class of crime ..

[2] please see the relevant recommendations of Malimath Committee which provides for supervision of crime teams in the State by IGP (Crime)

KALYAN PANDA MUMBAI INDIA 91 9323782617 www.skdubeyfoundation.org

CHAPTER – 2

Constitution and Organisation of Police Service

2. 9 : District-level Special Cells, Sub-Divisions and Circles

2.11 : Term of office of key police functionaries

Provided that any such officer may be removed from his/her post before the expiry of the minimum tenure of two years consequent upon:

Explanation : Competent authority means an officer authorized to order transfers / postings for the rank concerned.

2. 12 : Coordination with the District Administration

Explanation : For the purpose of this Section, coordination means to combine or integrate harmoniously.

ROLE, FUNCTIONS, DUTIES & RESPONSIBILITIES OF THE POLICE

Role & Functions :

Chapter  5

Policing in Rural Areas and Village Police System

Police Stations covering rural areas

Village visits by officer incharge and supervisory police officers

Duties & Responsibilities of Village Guard

Chapter 7

Concepts kept in view:-

Draft/10th August 2006

Chapter 10

Regulation, Control And Discipline Of The Police Force

While endeavouring to empower the police to meet the ever increasing challenges in policing, the procedures to ensure discipline of the force is also found extremely necessary. Levels of appeal have been specified to save from undue pressures from outside.

Framing of rules for administration of police

Disciplinary Penalties

Suspension

Disciplinary Misconducts

Appeals from orders of punishment

Separate set of rules for police personnel

Police officers always on duty

Chapter 11:

Police Accountability

11.1 In addition to the already existing mechanisms, and the existing functions, duties and responsibilities of the departmental authorities in this regard, accountability of the police shall be ensured through the mechanisms detailed in this chapter.

11.4. Selection of Chairperson and Members of the Commission

11.5. Ineligibility for membership

11.6. Term of office of Members

11.7. Terms and conditions of service of members including chairperson

11.8. Removal of members

11.9. Inquiry and other staff

11.10. Conduct of business

11.11. Functions of the Commission

11.12. Powers of the Commission

11.13. Statements made to the Commission

11.14. Persons likely to be prejudicially affected to be heard

11.15. Inquiry Procedures

11.16. Decisions and Directions of the Commission

11.17. Reports of the Commission

11.18. District Complaints Authority

11.21. Rights of the complainant

11.22. Duty of the police and other state agencies

11.24. Training

11.26. Reports of the Board on police performance

11.27. Protection of action taken in good faith

11.28. Funding

11.1 Career Progression:-

(1) There shall be a Police Welfare Board, headed by an officer not

below the rank of Inspector General of Police, in the office of DGP

to assist him to implement welfare measures for police personnel.

Order in Streets and Public Places

Police Related Issues

Offences by Police

13.18. Summary disposal of certain cases

Chapter 5

Draft/10^th August 2006