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Section 35

The Assam Police Act, 2007State Act of Assam · Act 20 of 2007

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

(a) the Chief Minister as the Chairperson, 1886 THE ASSAM GAZETTE, EXTRAORDINARY, AUGUST 31, 2007 Quorum Grounds o f ineligibility for Independent Members

(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 Genera! 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 .

(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 o f Home Department then the Minister in charge o f Home shall be the vice chairperson o f the Commission:

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

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) hoids an elected office, including that o f 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.

-IHLASSAN£^AZETTE, extraordinary, august 31 2007 1887 T erm of ’ office o f the 38.

Retire J High Court Judge and Independent Members Removal o f Independent Members

39.

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

(l)An Independent Member may be removed from the State Security Commission by a two-thirds majority of members of the Board on any of the following grounds:

(a) proven incompetence; or

(b) proven misbehavior; or .

(c) failure to attend three consecutive meetings of the State Security Commission without sufficient cause; or

(d) incapacitation by reasons of physical or mental infirmity or otherwise becoming unable io discharge his functions as a Member.

(2) In addition, an Independent Member shall be removed from the State Security Commission if he incurs any of the grounds of ineligibility specified under section 37.

(3) The State Security Commission shall explicitly state in writing the grounds for such removal.

Functions o f the Stale Security Cornwission Expenses n f lhe State Security Commission

40. The State Security Commission shall perform the following functions:

(a) frame broad policy guidelines lor promoting efficient, effective, responsive and accountable policing, in accordance with the law;

(b) prepare panel of five police officers for the rank of Director General of Police against prescribed criteria in accordance with the provisions o f Section 6 of Chapter II.

(c) identify performance indicators to evaluate the functioning of the Police Service. These indicators shall, inter alia, include:

operational efficiency, public satisfaction, victim satisfaction vis-a-vis police investigation and response, accountability, optimum utilization of resources, and observance of human rights standards.

41. The expenses on account of remuneration, allowances and travel in connection with official business of the State Security Commission, in respect of the Independent Members of the Commission shall be bomc by the State Government “in accordance with prescribed rules and procedures-' Administration o f Police Force

Where this provision sits

ActThe Assam Police Act, 2007
Section35
JurisdictionState of Assam
StatusIn force as published by the source

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