(1) The State Government shall appoint the Director General of Police from amongst the five eligible senior-most officers of the State, cm pan, 1 led for the rank.
(2) The empanelment for the rank of Director General of Police shall be done by the State Security Commission considering, inter alia.
■ following critcria:-
(a) length of service and fitness <?f health, standaid:
prescribed by the State Govcmmcn«;
(b) assessment ot the pcrtormance appraisal reports of the previous fifteen years of service by assigning weightages to different grading, namely, 'Out-landing'. ‘Very Good’, ‘Good’ and ‘Satisfactory ',
(c) range of relevant experience, indiaiing experience of work tn central police o;gan:zations, and training courses undergone;
(d) indictment in any criminal or disciplinary proceedings or on lhe counts o f corruption or moral turpitude: or charges having been framed by a court of law in such eases;
(e) due wcighlage to award of medals for gallantry, distinguished and meritorious service.
(3) The Director General of Police so appointed shall have a minimum tenure o f one year subject to his norma* date o f supcrannuationr-
Provided that the Director Genera! o f Police may be transferred from the post before the expiry o f his tenure bv the State Government consequent upon. -
(a) conviction by a court ot law in criminal offence or where charges have been framed by a court in a case involving corruption or moral turpitude; or 878 THE.,ASSAM GAZETTE, EXTRAORDINARY, AUGUST 31.. 2007 Administration o! Police «ti Meuonnbran Aivas. Major I irbut! Arras end other notified Areas Creation o f Police Zones and Ranges !
(b) punishment of dismissal, removal, or compulsory retirement from service or of reduction to a lower post, or imposition of any other penalty other than censure awarded under the provisions of relevant Acts and Rules; or
(c) suspension from service in accordance with the provisions of the rules; or
(d) incapacitation by physical or mental illness or otherwise becoming unable to discharge his functions as the Director General of Police;
or
(e) promotion to a higher [tost under either the State or the Central Government, subject to the officer's consent to such a posting.
(f) inefficiency or negligence oi misdemeanour prima facie established after preliminary enquiry':
Provided that in public interest the Stale Government may transfer the Director General of Police as may he deemed appropriate to meet any contingency the State Government may, by notification in the official gazette establish for each urban areas with a population of 10 lakhs or more as may be notified for the purpose from time to lime, a police system w hich is capable of handling the typical complex problems of crime , pubhc order and internal security in 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 as follows : - The State Government may appoint a police officer not below the rank of Inspector General of Police to be the Commissioner for any area specified in a notification issued by the State Government in ihis behalf and published in the Official Gazette ;
I he Commissioner shall exercise such powers, perform such functions and duties and shall have such responsibilities and authority as are provided by this Act, or as may otherwise be directed by the State Government by general or special order:
Provided that in any area /or which a ( otnmissioner is appointed and is empowered to exercise to any power or perform any /unction or duly under this Act or any other Act. the District Magistrate shall not exercise the same power or perform the same function or duty not withstanding the fact that such ureaforms part o f a District within the territorial jurisdiction o f the District Magistrate.
(i) i i )
8.( i ) The Stale Government, in consultation with the Director General of Police, may 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 of Police.
IH ^ jS S A J^ G A ^ T T E , EXTRAORDINARY, AUGUST 31, 2007 ' 1879
(2) I he State Government, in consultation with the Director General o.f Police of the Stele, may by notification create as many Police Ranges as deemed necessary. Lar-i: -.in:,.-.. i-n-ting 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.
Police 9 .
Districts Dislict level Special Celis.Sub Division s and Circles The State Government may in consultation with the Director General of Police of the State, 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 are notified.
10, (1) For the purpose of dealing with a particular category 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 of Police o f the State 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.
(3) The State Government may by notification divide each Police Sub-Division into two or more Circles, each to be headed by an Officer of the rank of Inspector or Deputy Superintendent of Police.
11.(1) The State Government may, in consultation with the Director General of Police of the State and by notification, create as many Police Stations with as many outposts as necessary, in a Police Dislrictas deemed necessary, duly keeping in view the population, the area, the crime situation, the workload in terms of law and order and the distances to be travelled by the 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 be headed by an Officer in Charge not below the rank of Sub-Inspector of Police:
Provided that larger Police Stations may be placed under the supervision o f officers o f the rank o f Inspector o f Police.
(4) There shall"be a crime investigation unit o f appropriate strength in each Police Station.
(5) The Superintendent of Police o f a district may constitute a community liaison group as may be prescribed for each police station comprising respectable local residents o f the area including the representatives of the weaker sections and women with unimpeachable character antecedents and aptitude for community service to aid and advise the police in its functioning .
1880 THE ASSAM GAZETTE, EXTRAORDINARY, AUGUST 31, 2007 Each Police Station shall prominently display all the relevant information required to be made public, as may be required.
Appointment and 12.(1) The State Government shall appoint and transfer officers of the rank fuM tionw S of Assistant/Deputy Superintendent of Police and above.
(2) The Government may when deemed necessary post of a Senior Superintendent of Police in a district who will discharge all the functions of a Superintendent of Police in charge o f a district:
Provided that the State Government may appoint one or more Superintendents of Police in a district under the control and supervision of Senior Superintendent of Police .
(3) Following police officers on operational duties in the field shall have a term of minimum one year:-
(i) Superintendent of Police in charge of District;
(ii) Officer in charge of Police Station:
Provided that any such officer may be transferred from his post before the expiry o f the minimum tenure o f one year consequent upon,-
(a) promotion to a higher post; or
(b) conviction, or charges having been framed, by a court of law in a criminal offence; or
(c) punishment of dismissal, removal, discharge or compulsory retirement from service or of reduction to a lower rank, or imposition of any other penalty other than censure awarded under the relevant Acts and Rules ;or
(d) suspension from service in accordance with the provisions of the Rules; or
(e) incapacitation by physical or mental illness or otherwise becoming unable to discharge his functions and duties; or
(f) the need to fill up a vacancy caused by promotion, transfer, or retirement; or
(g) on deputation with the consent of the officer concerned ; or
(h) inefficiency or negligence or misdemeanor prima facie established after preliminary enquiry :
Provided that in the public interest the State Government may transfer the Superintendent o f Police o f the District as may be deemed appropriate to meet any contingency:
Provided further that in the public interest the Director General o f Police o f the State may transfer Officers in Charge o f Police Station o f the rank o f Inspector and District Superintendent o f Police may transfer the Officer in Charge o f Police Station o f the rank o f Sub-Inspector o f Police within the district as may be deemed appropriate to meet any contingency.
THE ASSAM GAZETTE, EXTRAORDINARY, AUGUST 31, 2007. 1881
13.
Senior Police Officer performing duties o f a subordinate officer Relationship o f superintendent o f Police with District Magistrates
14.
Coordination 15.
with lhe District Administration A senior police officer may perform any duty assigned by law or by a lawful order to any officer subordinate to him, and may aid supplement, supersede or prevent any action of the 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.
(1) The administration of the Police throughout the local jurisdiction of the Magistrate is vested in the Superintendent of Police under the general control and direction of the Deputy Commissioner as District Magistrate. The latter is responsible for keeping peace and maintenance of law and order in a district and may employ the police as he thinks best for the purpose .
(2) Ilie Deputy Commissioner as District Magistrate has however , no authority to interfere in the internal organization and discipline of the Police force, but it is his duty to bring to the notice of the Superintendent of Police, all cases in which the conduct of and qualifications of Police Officer affect the general administration of a district.
(1) For the purpose of efficiency in the general administration of the district, it shall be lawful for the District Magistrate, in addition to the provisions of the Code of Criminal Procedure, 1973 and other relevant Acts, to coordinate and direct the functioning of the police, with other agencies of district administration in respect of matters relating to the following:- Central Act 2 o f 1974
(a) the promotion of land reforms and the settlement of land disputes;
(b) extensive disturbance of the public peace and tranquility in the district;
(c) the conduct of elections to any public body;
(d) the handling of natural calamities and rehabilitation of the persons affected thereby;
(e) situations arising out of any external aggression or internal disturbances;
(f) any similar matter, not within the purview of any one department and affecting the general welfare of the public of the district; and
(g) removal of any persistent public grievance.
For the purpose of such coordination, the District Magistrate may call for information of a general or special nature, as and when required, from the Superintendent of Police and heads of other departments of the district. Where the situation so demands, the District Magistrate shall pass appropriate orders and issue directions in writing, to achieve the objective o f coordination.
(2) 1882 THE ASSAM GAZETTE, EXTRAORDINARY AUGUST 31, 2007 Railway Police State intelligence and Criminal Investigation Department