(1) The administration of the Police Force throughout the State shall be vested in the Director General of Police of the State 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:
Provided that the State Government may intervene in the exercise of the powers of administration by the Director 19 General of Police of the State or any other authorized officer, in accordance with the prescribed rules, regulation or in exceptional circumstances involving urgent public interest, reasons for which shall be recorded in writing.
Powers and Responsibilities of the Director General of Police
43. As head of the State Police Force, it shall be the responsibility of the Director General of Police of the State to,-
(a) make operational the Government policies and any action plans approved by the State Government; and
(b) administer, control and supervise the Police Force to ensure its efficiency, effectiveness, responsiveness and accountability.
Police Establishment Board
44.
The State Government shall constitute a Police Establishment Board (hereinafter referred to as the 'Establishment Board') with the Director General of Police of the State as its Chairperson and two other senior officers not below the rank of Inspector General of Police within the police organization of the State as members.
Functions of the Police Establishment Board
45.
The Police Establishment Board shall perform the following functions:
(a) accept and examine complaints from police officers about being subjected to illegal orders. The Establishment Board shall make appropriate recommendation to the Director General of Police of the State for necessary action:
Provided that if the matter under report involves any authority of or above the ranks of the members of the Police Establishment Board, it shall forward such report to the State Security Commission for further action.
(b) recommend annually a panel of names of suitable officers to the State Government for posting in the rank of Assistant/Deputy Superintendent of Police .
(c) recommend to the Director General of Police of the State the names of officers upto the rank of Sub- Inspector for posting to a Police District on initial appointment or for transfer from one Police District to another, where such transfer is considered expedient for the Police Force.
(d) recommend posting and transfer of officers in the rank of Inspector to the Director General of Police of the State:
Provided that on the specific authorization of the Director General of Police of the State, the Range Deputy Inspector General of Police may effect inter 20 district transfer of officers upto the rank of Sub- Inspector within the range on recommendation of concerned District Superintendent of Police.
Provided further that in the public interest the Director General of Police of the State may transfer any officer up to the rank Inspector as deemed appropriate to meet any contingency.
Transfer and posting of nongazette ranks within a police range or Police district
46. Postings and transfers of non-gazetted police officers within a Police District shall be decided by the District Superintendent of Police.
Chapter -IV Role, Function, Duties and Responsibilities of the Police.
Role and Functions of the Police
47. The role and functions of the police shall broadly be,-
(a) to uphold and enforce the law impartially, and to protect life, liberty, property, human rights, and dignity of the members of the public;
(b) to promote and preserve public order;
(c) to protect internal security, to prevent and control terrorist activities, breach of communal harmony, militant activities and other situations affecting Internal Security.
(d) to protect public properties including roads, railways, bridges, vital installations and establishments etc.
against acts of vandalism, violence or any kind of attack;
(e) 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;
(f) to accurately register all complaints brought to them by a complainant or his representative, in person or received by post, e-mail or other means, and take prompt follow-up action thereon, after duly acknowledging the receipt of the complaint;
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(g) to register and investigate all cognizable offences coming to their notice through such complaints or otherwise, duly supplying a copy of the First Information Report to the complainant, and where appropriate, to apprehend the offenders, and extend requisite assistance in the prosecution of offenders;
(h) to create and maintain a feeling of security in the community, and as far as possible prevent conflicts and promote amity;
(i) to provide ,as first responders, all possible help to people in situations arising out of natural or manmade disasters, and to provide active assistance to other agencies in relief and rehabilitation measures;
(j) to aid individuals who are in danger of physical harm to their person or property, and to provide necessary help and afford relief to people in distress situations;
(k) to facilitate orderly movement of people and vehicles, and to control and regulate traffic on roads and highways;
(l) to collect intelligence relating to matters affecting public peace, and all kind of crimes including social offences, communalism, extremism, terrorism and other matters relating to national security, and disseminate the same to all concerned agencies, besides acting, as appropriate on it themselves
(m) to take charge, as a police officer on duty, of all unclaimed property and take action for their safe custody and disposal in accordance with the procedure prescribed.
Social Responsibilities of the Police
48. Every Police officer shall ,-
(a) behave with the member of the public with due courtesy and decorum, particularly so in dealing with senior citizens, women, and children ;
(b) guide and assist members of the public, particularly senior citizens, women, children, the poor and indigent and the physically or mentally challenged individuals, who are found in helpless condition on the streets or other public places or otherwise need help and protection;
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(c) provide all requisite assistance to victims of crime and of road accidents, and in particular ensure that they are given prompt medical aid;
(d) ensure that in all situations, especially during conflict between communities, classes, castes and political groups, the conduct of the police is always governed by the principles of impartiality and human rights norms, with special attention to protection of weaker sections including minorities;
(e) prevent harassment of women and children in public places and public transport, including stalking, making objectionable gestures, signs, remarks or harassment caused in any way;
(f) 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; and
(g) arrange for legally permissible sustenance and shelter to every person in custody and making known to all such persons provisions of legal aid schemes available from the Government and also inform the authorities concerned in this regard.
Duties in emergency situation
49.
(1) The State Government may, by notification in the Official Gazette, declare a specified service to be an essential service to the community, for a specified period, which may be further extended from time to time, by a notification, as may be 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 officer superior to him in connection with the service specified in the declaration.
(3) assist the physically handicapped, senior citizens, women and children in public places and public transport and citizens during national calamities and natural disasters;
Chapter V Policing in the Context of Public Order and Internal Security Challenges Drawing up of 50. The Director General of Police of the State shall, with the 23 internal SecurityScheme.
approval of the State Government, draw up an Internal Security Scheme for the entire State as well as for each of the districts and urban areas notified, to deal with problems of Public Order and Security of State, as specific to the area.
Review and Revise of the Scheme.
51.
The Internal Security Schemes so formulated shall be reviewed, and revised as necessary, at least once annually and more frequently if required.
Matters to be covered under the Scheme
52.
The Internal Security Scheme shall, inter alia, cover 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.
Measures to be taken in certain situations
53.
(1) Any organization, while taking up any activity or programme which is otherwise unobjectionable but may have the potential for disturbing law and order may inform the police, and thereupon, the police shall take such measures as deemed necessary to deal with the situation.
(2) While preparing the Internal Security Scheme under section 50, the police shall take into consideration the contingencies of specific law and order problems, and security requirements that may arise in such situations.
Regular Updation of the Scheme
54. The Internal Security Schemes shall incorporate regularly updated and comprehensive Standard Operating Procedures 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.
Chapter VI Effective Crime Investigation, Including Use of Science And Technology in Investigation Investigation by special crime investigation unit
55.
The State Government shall ensure that in all Metropolitan Police Stations having a population of l0 (ten) lakhs or more, a Special Crime Investigation Unit, headed by an officer not below the rank of Inspector of Police, is created with an appropriate strength of officers and staff, for investigating organized, economic, and heinous crimes. The personnel posted to this unit 24 shall not be diverted to any other duty, except under very special circumstances with the written permission of the Director General of Police. The State Government may, however, gradually extend this scheme to other urban Police Stations.
Selection of Officers for Special Crime Investigation Unit
56.
The officers posted in the Special Crime Investigation Unit shall be selected on the basis of their aptitude, professional competence and integrity. Their professional skills shall be upgraded, from time to time, through specialized training in investigative techniques, particularly in the application of scientific aids to investigation and forensic science techniques.
Officers of the Unit
57.
The officer posted to the Special Crime Investigation Units shall investigate crimes entrusted to the Unit by the District Superintendent of Police.
Forensic advise 58.
Necessary legal and forensic advice shall be made available to investigating officers during investigations.
Supervision of investigation by Special Crime Investigation Unit
59.
The investigations of cases taken up by the Special Crime Investigation Unit personnel, over and above the supervision of the Officer in Charge concerned, shall be supervised at the district level by an officer not below the rank of Additional Superintendent of Police who shall report directly to the District Superintendent of Police:
Provided that in smaller districts where the volume of work does not justify posting of an Additional Superintendent of Police, an officer of the rank of Deputy Superintendent of Police shall be posted for this purpose.
One or More Special Investigation Cell in each District
60. At the headquarters of each Police District, one or more Special Investigation Cells shall be created, with the requisite strength of officers and staff, to take up investigation of offences of a more serious nature and other complex crimes, including economic crimes.
Criminal Investigation Department
61.
The Criminal Investigation Department of the State, shall take up investigation of such crimes of inter-state, inter-district or of otherwise serious nature, as notified by the State Government from time to time, and as may be specifically entrusted to it by the Director General of Police of the State in accordance with the prescribed procedures and norms.
25 Specialized Units
62.
The Criminal Investigation Department shall have specialized units for investigation of cyber crime, organized crime, homicide cases, economic offences, and any other category of offences, as notified by the State Government and which require specialized investigative skills.
Selection of Officers.
63.
The officers posted to the Criminal Investigation Department shall be selected on the basis of their aptitude, professional competence, experience and integrity. They will undergo appropriate training upon induction, and their knowledge and skills will be upgraded from time to time through appropriate refresher and specialized courses.
Chapter VII Regulation, Control and Discipline Framing of rules for administration of Police
64.
Subject to the approval of the State Government, the Director General of Police of the State shall make, regulations or issue orders, not inconsistent with this Act or with any other enactment for the time being in force for , -
(a) prevention and investigation of crime;
(b) maintenance of law and order;
(c) regulation and inspection of the police organization, and of the work performed by police officers;
(d) determining the description and quantity of arms, accoutrements, clothing and other wherewithal to be provided to the Police Service;
(e) prescribing the places of residence of members of the Police Services;
(f) institution, management and regulation of any non- Government fund for purposes connected with the police administration or welfare of police personnel;
(g) regulation, deployment, movements and location of the police;
(h) assigning duties of officers of all ranks and grades, and prescribing the manner and the conditions subject to which, they shall exercise and perform their respective powers and duties;
(i) regulating the collection and communication of 26 intelligence and information by the police;
(j) prescribing the records, registers and forms to be maintained and the returns to be submitted by different police units and officers; and
(k) generally, for the purpose of rendering the police more efficient, and preventing abuse of power and neglect of duties by them.
Rules for Police personnel
65. Police personnel in the State shall be governed by the existing relevant Discipline and Appeal Rules and other Service Conduct Rules in force, as applicable to the Indian Police Service, State Police Service and others serving in the State Police establishment.
Police Officers always on duty
66.
Every officer not on leave or under suspension shal, for all purposes of this Act, be considered to be always on duty and may at any time be deployed in any part of the State.
No abdication or withdrawal without Authority
67. No police officer shall abdicate his duties or withdraw himself or from his place of posting or deployment, without proper authorization.
Explanation: An officer who, being absent on authorized leave, fails without reasonable cause to report for duty at the expiration of such leave, shall be deemed within the meaning of this Section to withdraw himself from the duties of his office.
Police officer barred from other employment
68.
No police officer shall engage in any other employment or office of profit whatsoever, other than his duties under this Act.
Chapter VIII POLICE ACCOUNTABILITY Accountability of Police
69. In addition to the already existing mechanisms, and functions, duties and responsibilities of the departmental authorities, accountability of the police shall be further ensured through the additional mechanisms detailed in this Chapter.
Police Accountability Commission
70. 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 a 27 Chairperson, Members and such other staff as may be necessary, to enquire into public complaints supported by sworn statement against the police personnel for serious misconduct and perform such other functions as stipulated in this Chapter.
Composition of the Commission
71.
The Commission shall have a Chairperson end three 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 Commission;
(b) a retired police officer superannuated in the rank of Director General of Police or Additional Director General of Police;
(c) a person with a minimum of 10 years of experience either as a judicial officer. public prosecutor, practicing advocate, or a professor of law; or a person of repute and standing from the civil society; and
(d) a retired officer with experience in public administration, not below the rank of Commissioner and Secretary to the State Government:
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.
Appointment of Chairperson and Members
72. The Chairperson and the Members of the Commission shall be appointed by the State Government.
lneligibility for membership
73. A person shall be ineligible to be a Member of the Commission.
if he,-
(a) is not a citizen of India;
(b) is serving in any police, military or allied organizations, or has so served in the twelve months preceding such appointment;
(c) is employed as a public servant;
(d) holds any elected office, including that of Member of Parliament or State Legislature or any local body;
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(e) is a member of or is associated in any manner with, an organization declared as unlawful under an existing law;
(f) is an office-bearer or a member of any political party;
(g) has been convicted for any criminal offence involving moral turpitude or for an offence punishable with imprisonment of one year or more;
(h) is facing prosecution for any offence mentioned in Clause (g) above and against whom charges have been framed by a Court of Law; or
(i) is of unsound mind and has been so declared by a competent Court.
Term of office and conditions of service of members and Chairperson
74.
(1) The term of office of a Member, and 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 75.
(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.
(3) 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 Removal of Members
75.
(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 incompetence;
(b) persistent neglect to perform duties of the Commission;
(c) occurrence of any situation that would make a Member ineligible for appointment to the Commission under section 73;
(d) any Member engaging himself during his term of office in any paid employment outside the duties of 29 his office; or
(e) incapacitation by reasons of physical or menta1 infirmity or otherwise becoming unable to discharge his functions as a Member.
The staff of the Commission