(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 •ecified. 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 piaces 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 o f Internal Security Scheme
50. The Director General of Police of the State shall, with the approval o f 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 o f State, as specific to the area.
Review and Revise o f the Scheme ST The Internal Security Schemes so formulated shall be reviewed, and revised as accessary, at least once annually and more frequently if required.
Mattas 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.
THE ASSAM GAZETTE, EXTRAORDINARY. AUGUST 31. 2007 1891.
Measures to be taken in certain situations S3. (l)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.
Reguiar Updation o f 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 55. The State Government shall ensure that in all Metropolitan Police mvest,gatton unit stations having a population of 10 (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 o f officers and staff, for investigating organized, economic, and heinous crimes. The personnel posted to this unit shall not be diverted to any other duty, except under very special circumstances with the written permission of the Director General o f Police. The State Government may, however, gradually extend this scheme to other urban Police Stations.
Selection o f Officers for Special Crime Investigation Unit Officers o f the Unit Forensic advise Supervision o f investigation by 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.
57. The officer posted to the Special Crime Investigation Units shall investigate crimes entrusted to the Unit by the District Superintendent of Police.
58 Necessary legal and forensic advice shall be made available to investigating officers during investigations.
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:
1892 THE ASSAM GAZETTE, EXTRAORDINARY, AUGUST 31, 2007 One o r More Special Investigation C d i in each District Criminal
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.
60. At the headquarters of each Police District, one or more Special Investigation Cells shall be created, with the requisite strength o f officers and staff, to take up investigation o f offences o f a more serious nature and other complex crimes, including economic crimes,
61. The Criminal Investigation Department of the State, shall take up investigation investigation o f such crimes of inter-state, inter-district or o f 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 o f Police of the State in accordance with the prescribed procedures and norms.
Specialized 62.The Criminal Investigation Department shall have specialized units for Units 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.
otRcers11 °f ^3.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 o f 64.
rules for administration o f Police Subject to the approval of the State Government, the Director General o f 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 o f 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;
THE ASSAM GAZETTE, EXTRAORDINARY, AUGUST 31, 2007 1893.
(f) institution, management and regulation of any non-Govemment fund for purposes connected with the police administration or welfare of police personnel;
(g) regulation, deployment, movements and location of the police;
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(h) assigning duties of officers o f 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 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 ar under suspension shall, 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.
Chanter VIII POLICE ACCOUNTABILITY Accountability o f Police 69, In addition to the already existing mechanisms, and functions, duties and responsibilities o f the departmental authorities, accountability o f the police shall be further ensured through the additional-mechanisms detailed in this Chapter.
1894 THE ASSAM GAZETTE, EXTM0RI)INARYL_,.A U G y S X J 1 ^ 2 O Polios Accountability Commission Composition o f the Commission Appointment o f Chairperson and Members Ineligibility for membership 70 The Slate 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 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.
71. The Commission shall have a Chairperson and three members with a credible record of integrity and commitment to human rights and shall consist o f-
(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 o f 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 o f the Commission shall be a woman and net more than one member shall be a retired police officer,
72. The Chairperson and the Members o f the Commission shall be appointed by the State Government.
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 o f Member of Parliament or State Legislature or any local body;
(e) is a member of, or is associated in any manner with, an organization declared as unlawful under an existing lav/;
(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;
lO Q g g A MGAZETTE, EXTRAORDINARX AUGUST 31, 2007 1895.
(h) is facing prosecution for any offence mentioned in Clause (g) above and against whom charges have been limned by a Court o f Law; or
(i) is o f unsound mind and has been so declared by a competent Court.
Term o f office and conditions o f service o f members and Chairperson