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Section 23

The Assam Police Act, 2007 (Single Document)State Act of Assam · Act 20 of 2007

(1) When it shall appear that any unlawful assembly, or riot or disturbance of the peace has taken place, or maybe reasonably apprehended, and that police force ordinarily employed for preserving the peace is not sufficient for its preservation and protection of the inhabitants and the security of the property in the place where such unlawful assembly or riot or disturbance of the peace has occurred or is apprehended, the Superintendent of Police or any officer specially empowered in this behalf by the State Government may, at any time by a written order issued under the hand and seal of such officer appoint for a period as specified in the appointment order any able bodied and willing person between the age of 18 and 50 years, whom be considers fit to be Special Police Officer to assist the Police force, with prior approval of the State Government.

(2) Every Special Police Officer so appointed shall 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.

(3) Every Special Police Office so appointed shall he honorary in nature. However, the State Government, may by special order prescribe the honorarium to be paid to such Special Police officers in the manner prescribed.

Police Officers not to resign without leave or two months notice

24.

No police-officer shall he at liberty to withdraw himself from the duties of his office unless expressly allowed to do so by the District Superintendent or by some other officer authorized to grant such permission, or without the leave of the District Superintendent, to resign his office, unless he shall have given to his superior officer notice in writing, for a period of not "less than two months, of his intention to resign".

15 Police Officer not to engage in other employment

25. No police officer shall engage in an employment or office whatever other then his duties under this Act, unless expressly permitted to do so in writing by the Director General of Police.

Additional Police officer employed at cost of individuals

26.

It shall be lawful for the Director General of Police or any Additional Director General of Police or Inspector General of Police or Deputy Inspector General of Police, or for the District Superintendent of Police, subject to the general direction of the Magistrate of the district, on the applications of any person showing the necessity thereof, to depute any additional number of police-officers lo keep the peace at any place within the general police-district and for such time as shall be deemed proper.

Ranks structures in Civil Police

27. The service shall have such ranks and post as may be prescribed or as may be notified by the State Government. The recruitment, training, posting, deputation, promotion, code of conduct, discipline, punishment and appeal and to other service conditions of various ranks of service shall be as per rules.

District Armed Reserved and State Armed Police Battalions.

28.

To assist the civil police promptly and efficiently in dealing with group protests and violent disturbances involving breaches of peace or law and order, and in disaster management functions, as well as to discharge such duties as require the presence of armed police, the State Government shall create Armed Police units with appropriate manpower strengths in the form of an Armed Police Reserve for each Police District, and appropriate number of Armed Police Battalions for the State, including provision of women units.

Role and functions of State Armed Police Battalions

29.

The Armed Police Battalion will be state-level reserve, to be deployed under specific orders of the Director General of Police, to aid and assist the civil police in dealing with virulent and widespread problems of public disorder or other forms of violence, needing deployment of armed police beyond the resources of the District Police.

District Armed Reserve

30.

The District Armed Reserve, which will function under the control, direction and supervision of the District Superintendent of Police shall be the armed wing of the District Police to deal with an emergent law and order problem or any violent situation in the district, and for providing security guards or escort of violent prisoners, or such other duties as may be prescribed.

Organisational structure of the Armed Police Battalions set up.

31. A Commandant, equivalent in rank to Superintendent of Police, shall head each Armed Police Battalion. The Commandant shall be assisted by a Deputy Commandant, equivalent in rank to Additional Superintendent of Police, who will also be the Second-in-Command of the Battalion. Each Battalion shall be divided into appropriate number of Service Companies and a 16 Headquarters Company, each of which will be headed by an Assistant Commandant, equivalent in rank to Deputy Superintendent of Police.

Administration, Training etc. of Armed Police Branches

32.

The Armed Police Branches setup of the State shall be headed by an officer of or above the rank of Inspector General of Police, who shall be responsible for the administration, training, operational preparedness and welfare of personnel of all the armed police units in the State, under the overall guidance and supervision of the Director General of Police.

Chapter III Superintendence and Administration of Police Superintendence of State Police to vest in the State Government.

33.

The superintendence of State Police shall Vest in and be exercised by the State Government in accordance with the provisions of this Act, and any other law for the time being in force.

State Security Commission

34. The State Government shall, within six months of the coming into force of this Act, establish a State Security Commission to exercise the functions assigned to it under the provisions of this Chapter.

Composition of the State Security Commission

35.

(1) The State Security Commission shall have as its members:

(a) the Chief Minister as the Chairperson,

(b) a retired High Court Judge;

(c) the Chief Secretary;

(d) the Secretary in charge of the Home Department as its Member Secretary;

(e) the Director General of Police of the State; and

(f) three non-political persons (hereinafter referred to as "Independent Members") of high integrity, expertise and competence in administration, law enforcement and security related matters nominated by the State Government. Out of these one shall be police officer superannuated in the rank not below Director General of Police, another a retired civil service officer not below the rank of Commissioner and Secretary to the State Government with experience in public administration. and the third member will be from the fields of public service, legal profession or social organization with at least fifteen years experience in the field .

17

(2) No serving Government employee shall be appointed as an Independent Member.

(3) Any vacancy in the State Security Commission shall be filled up as soon as practicable, but not later than three months after the seat has fallen vacant:

Provided that when the Chief Minister is not the Minister in charge of Home Department then the Minister in charge of Home shall be the vice chairperson of the Commission:

Quorum 36.

Half of the members present shall constitute the quorum for the meeting.

Grounds of ineligibility for Independent Members

37. No person shall be appointed as an Independent Member of the State Security Commission if he ;

(a) is not a citizen of India; or

(b) has been convicted by a court of law or against whom charges have been framed in a court of law; or

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

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

(e) is of unsound mind.

Term of office of the Retired High Court Judge and Independent Members.

38. The Retired High Court Judge and the Independent Members shall he appointed for a period of three years. The same persons shall not be appointed for more than two consecutive terms.

Removal of Independent Members.

Where this provision sits

ActThe Assam Police Act, 2007 (Single Document)
Section23
JurisdictionState of Assam
StatusIn force as published by the source

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