(1) The State Government may, on recommendation of the Director General of Police and by notification in the Official Gazette, create as many police stations with as many outposts as may be necessary, in a police district as 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 traversed by the inhabitants to reach the police station.
(2) Each police station shall be headed by a Station House Officer not below the rank of Sub-Inspector of Police.
(3) There shall be a crime investigation unit of appropriate strength in each police station.
(4) The Superintendent of Police of a district may constitute a Community Liaison Group as may be prescribed for each Police station comprising respectable local residents of the area including the representatives of the weaker sections and women with unimpeachable character and antecedents and aptitude for community service to aid and advise the police in its functioning.
Terms of office of key 13. (1) An officer posted as Inspector General of Police of a range or police functionaries.
Superintendent of Police of a district shall have a minimum term of one year:
Provided that any such officer may be removed by the appointing authority from his post before the expiry of the minimum tenure prescribed 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 awarded under the relevant Discipline and Appeal Rules; or
(d) suspension from the service in accordance with the provisions of the said 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.
(2) In exceptional cases, an officer may be transferred from his post by the competent authority before the expiry of his tenure for gross inefficiency and negligence or where a prima facie case of a serious nature is established after a preliminary enquiry.
Coordination with 14. (1) For the purpose of efficiency in the general administration of the district, district administration the Superintendent of Police of a district shall maintain proper coordination with the District Magistrate or Deputy Commissioner of the district. It shall be lawful for the District Magistrate, in addition to the provisions of the Code of Criminal Procedure, 1973 (Act 2 of 1974) 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:-
(a) promotion of land reforms and the settlement of land disputes;
(b) extensive disturbance of the public peace and tranquility in the district;
(c) conducting elections to any public body;
(d) handling of natural calamities and rehabilitation of the persons affected thereby;
(e) situation 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.
(g) removal of any persistent public grievance; and
(h) communal or caste clashes.
(2) For the purpose of coordination, the District Magistrate may call for information of a general or special nature, as and when required, from the Superintendent of Police of a district 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 of coordination.
(3) For the purpose of coordination, the District Magistrate shall ensure that all departments of the district, whose assistance is required for the efficient functioning of the police, render full assistance to the Superintendent of Police of a district.
Railway Police. 15. (1) The State Government may, by notification in the Official Gazette, create one or more special railway police districts with required number of Railway Police Sub- Divisions and railway police stations consisting of such railway lines and other railway areas in the State as it may notify, and appoint a Superintendent of Police, one or more Assistant and Deputy Superintendents of Police and such other police officers for policing such district in the manner as may be prescribed or may notify one or more police stations in each police district to police the railway lines and other railway establishments within their area.
(2) The police stations as may be notified shall be responsible for prevention, detection and investigation of crime, enforcement of law and maintenance of order in trains passing through their area, in railway lines area and other railway area falling in their jurisdiction in the manner as may be prescribed.
State Intelligence and 16. The State Police shall have a State Intelligence Wing for collection, collation, Criminal Investigation Wings. analysis and dissemination of intelligence and a separate State Crime Investigation Wing for collection, collation and analysis of criminal intelligence and for investigating, heinous crime with inter-state, inter district ramifications, major economic offences, cyber crime and other cases of serious nature as may be prescribed.
Technical and Support 17. (1) The State Government shall create and maintain such specialised and Service.
technical agencies and services, under the Director General of Police as considered necessary or expedient for promoting efficiency of police service.
(2) The services so created shall include a full fledged Forensic Science Laboratory at the State Level, and a Finger Print Bureau, the State Crime Record Bureau, Telecommunication Wing and such other establishments as may be required from time to time. The Director General of Police may hire or engage services of any person or body of persons qualified for this purpose on contractual basis.
(3) The State Police shall have a Research Wing to undertake specific studies relating to policing and crime in the State. The Director General of Police may hire or engage services of any person or body qualified for this purpose on contractual basis.
Police Training 18. (1) The State Government shall establish a Police Training Academy at the State Level and as many Police Training Colleges and Police Training Schools as deemed necessary for ensuring efficient post-induction training of all directly recruited police personnel in various ranks, pre-promotion training for all those promoted to higher levels and such other general and specialized in-service training courses for police personnel of different ranks and categories as may be required from time to time.
(2) The State Government shall also provide for appointment, by rules, of appropriate number of officers from the police service, or paramilitary forces or armed forces or other professional organizations, in such Police Training Academy, College and School, after careful selection having due regard to aptitude, academic qualifications, professional competence, experience and integrity. The State Government shall evolve a scheme of monetary and other incentives to attract and retain the best of the available talent in the service to the faculties of such training institutions.
(3) No police officer shall be deployed on duty without undergoing and passing any basic training as may be prescribed. No Police Officer shall be promoted to any higher rank without undergoing and passing pre-promotion training as may be prescribed.
Oath or affirmation by 19. Every member of the police service enrolled under this Act shall, on appoint- Police personnel.
ment and completion of training, make and subscribe before the Superintendent of Police of a district or Commissioner, as the case may be, or another officer appointed in that behalf by him, as the case may be, an oath or affirmation, as may be prescribed.
Certificate of 20. (1) Every police officer of or below the rank of Inspector shall on appointment appointment.
receive and insignia and a certificate in the form as may be prescribed. The certificate shall be issued under the hand and seal of such officer as the State Government may by general or special order direct.
(2) The certificate of appointment shall become null and void, and the insignia shall be deemed to be withdrawn whenever the person named therein ceases to belong to the service or shall remain inoperative during the period such person is suspended from the service.
Special Police Officers. 21. (1) The Superintendent of Police of a district 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, educated and willing person between the age of 18 and 50 years, whom he considers fit to be a Special Police Officer to assist the service.
(2) Every special police officer so appointed -
(a) shall on appointment, undergo prescribed training and thereafter receive a certificate in a form approved by the State Government in this behalf;
(b) 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;
(c) shall be honorary. However the State Government, may be special order, prescribe the honorarium to be paid to such special police officers;
(d) who refuses to act as a special police officer or neglects his duties, shall be liable on conviction by a court to a fine of minimum of one thousand rupees.
Rank structure in civil 22. The service shall have such ranks and posts as may be prescribed or as may and armed police.
be notified by the State Government. The recruitment, training, posting, deputation, promotion, code of conduct, discipline, punishment and appeal and other service conditions of various ranks of service shall be as per rules.
District Armed Reserves 23. To assist the civil police in enforcement of law and maintenance of order or in and State Armed Police Battalions. situations of likely breach of peace and in disaster management functions, in escort of prisoners, as well as to discharge such other duties which may require special weapons and tactical teams or presence of armed police, the State Government shall create Armed Police Units or Special 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. The constitution, recruitment, training, deployment and administration of such reserves and Battalions shall be as per rules made under this Act.
Chapter III Superintendence and Administration of Police Superintendence of 24. The Superintendence of State Police shall vest in and be exercised by the State Police to vest in State Government State Government in accordance with the provisions of this Act, and any other law for other law for the time being in force.
State Police Board. 25. The State Government shall, within three months of the coming into for of this Act, establish a State Police Board to exercise the functions assigned to it under the provisions of this Chapter.
Composition of Board. 26. (1) The State Police Board shall consist of following members:
(a) the Chief Minister as its Chairperson;
(b) the Home Minister as Vice-Chairperson;
(c) the Leader of the Opposition in the State Assembly;
(d) a retired High Court Judge or Advocate General, Haryana;
(e) the Chief Secretary;
(f) the Secretary in charge of the Home Department;
(g) the Director General of Police as its Member- Secretary;
(h) three non-political persons (hereinafter referred as 'Independent Members') of high integrity, expertise and competence in administration, law enforcement and security related matters shall be nominated by the State Government. Out of these, one shall be the retired officer of Indian Administrative Service and one retired Indian Police Service Officer. The third member shall be nominated by the State Government from the field of public service, legal profession or social organizations with at least fifteen years experience in that field.
Note:- The Independent Members shall be honorary members.
(2) No Serving Government employee shall be appointed as an Independent Member.
(3) Any vacancy in the State Police Board shall be filled up as soon as practicable after the seat has fallen vacant:
Provided that if there is no Home Minister then the Chief Minister may nominate any other Minister as the Vice-Chairperson.
Eligibility of 27. The person to be appointed as Independent Member of the State Police Board Independent Members.
Shall--
(a) be a citizen of India;
(b) be at least a graduate of a recognized university;
(c) have not been convicted by a court of law or against whom charges have been framed in a court of law;
(d) not have been dismissed or removed from service or compulsory retired on the ground of corruption or misconduct; and
(e) not be of unsound mind.
Term of office of 28.
Independent Members.
Removal of 29.
Independent Members.
Functions of 30.
State Police Board.
Expenses of 31.
State Police Board.
A person shall be appointed as an Independent Member for a period of three years.
the same person shall not be appointed for more than two consecutive terms.
(1) An Independent Member may be removed from the State Police Board by the State Government on any of the following grounds-
(a) proven incompetence; or
(b) proven misbehavior; or
(c) incapacitation by reasons of physical or mental infirmity or otherwise becoming unable to discharge his functions as a member.
(2) In addition to the grounds mentioned in sub-section (1), an Independent Member shall be removed from the State Police Board if he incurs any of the grounds of ineligibility specified under section 27.
The State Police Board shall perform the following functions namely:-
(a) aid and advise the State Government in discharge of its functions and responsibilities under this Act;
(b) frame broad policy guidelines for promoting efficient, effective, responsive and accountable policing in accordance with the law; and
(c) review and evaluate organizational performance of the service in the State.
The expenses on account of allowances and travel of the Independent Member shall be borne by the State Government in the manner as may be prescribed.
Administration 32. (1) The administrator of the State Police throughout the State shall be vested in the of State Police. Director General of Police and in such Additional Directors General, Inspector General, Deputy Inspectors General of Police and other police officers as may be appointed under this Act.
(2) The administration of police in a district shall vest in the Superintendent of Police of a district:
Provided that the State Government may intervene in the exercise of the powers of administration by the Director General of Police, or any other authorized officer only in accordance with the prescribed rules, regulations or in exceptional circumstances involving urgent public interest.
Powers and 33. As the head of the service, it shall be the responsibility of the Director General of responsibilities of Director General of Police to — Police.
(a) make operational the policies and any action plans approved by the State Government; and
(b) administer, control and supervise the service to ensure its efficiency, effectiveness, responsiveness and accountability.
Police Establish- 34. (1) The State Government may constitute a police establishment committee ment Committee.
(hereinafter referred to as the, "establishment committee") with the Director General of Police as its Chairperson and two other senior officers not below the rank of Inspector General of Police posted within the police organization of the State as members for administrative matters.
(2) The establishment committee may prepare an action plan for improving the infrastructure facilities, professionalism, general discipline in the service, moderanisation, training, welfare of the police personnel and any other work assigned by the State Government.
Chapter IV Policing in the context of public order and internal security challenges Internal Security Scheme.
Updating standard operating procedure.
Creation of Special Security Zone.
35. The Director General of Police shall, with the 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.
36. The Internal Security Scheme 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.
37. If and when the security of the State in an area is threatened by insurgency, any terrorist or militant activity, or activities of any organised crime group, the State Government may, by notification in the Official Gazette, declare such area as a Special Security Zone:
Provided that such notification shall be placed before the State Legislature, within a period a six months from the date of issue, or the first sitting of the Legislature, whichever is earlier.
Police structure.
Functioning of different wings Standard operating procedures.
Banning and regulation of certain devices and substances.
38. The State Government shall create an appropriate police structure and a suitable command, control and response system, for each Special Security Zone.
39. The State Government, in order to ensure coordinated functioning of different wings of the administration, shall set up, in each Special Security Zone, a suitable administrative structure which shall integrate administrative and developmental measures in the area with the police response to deal with the problems of public order and security.
40. The Director General of Police shall, with the concurrence of the State Government, issue orders, laying down standard operating procedures to be followed by the police in a Special Security Zone.
41. The State Government may, on the recommendation of the Director General of Police, and for reasons to be recorded in writing, ban or regulate the production, Sale, storage, possession or entry of any devices, or equipment, or any explosive, poisonous, chemical, biological or radioactive articles or substances, or any inflow of funds, in a Special Security Zone, if the use of such devices, or equipment, or any explosive, or poisonous, chemical, biological or radioactive articles or substances, or any inflow of funds, in a Special Security Zone, is reasonably considered a threat to internal security or public order in the area, in any manner Framing of rules. 42. The State Government, for any Special Security Zone falling within the State, may frame rules to prevent and control the activities of persons or organizations, which may have an impact on internal security or public order.
Chapter V Effective Crime Investigation Investigations by District 43. The State Government shall, by notification in the Official Gazette, create in every Police.
district, a specialised crime investigation unit, headed by an officer not below the rank of Inspector with an appropriate strength of officers and staff, for investigating 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 of Police.
Selection of officers. 44. The officers posted in special crime investigation units shall be selected on the basis of their aptitude, professional competence and integrity. Their professional skills shall be upgraded, from time to time, through specialised training in investigative techniques, particularly in the application of scientific aids to investigation and forensic science techniques.
Investigation of crimes 45. The officers posted to the special crime investigation units may investigate crimes such as murder, kidnapping, rape, dacoity, robbery, dowry-related offences, serious cases of cheating, misappropriation and other economic offences, as notified by the Director General of Police, besides any other cases specially entrusted to the unit by the Superintendent of Police of a district.
Legal and forensic advice.
Role, functions, and duties.
Senior police officer performing duties of subordinate officer.
Police officers to kept diary.
46. Necessary legal and forensic aid may be made available to investigating officer during investigations.
Chapter VI Role, Functions, Duties and Responsibilities of the Police
47. The role and functions of the police shall broadly be,-
(a) to prevent and detect crime;
(b) to protect life and property and maintain law and order;
(c) to preserve public order;
(d) to provide possible help to people in distress or in situations arising out of natural or man-made disasters;
(e) to facilitate orderly movement of people and vehicles;
(f) to collect intelligence relating to matters affecting public peace, crime, social harmony and security of state and take appropriate action;
(g) to take charge of all unclaimed property and take action as per rules;
(h) to prevent and control public nuisance;
(i) to enforce any other duty assigned by law.
48. 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.