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Section 12: Term of office of key police functionaries

The Mizoram Police Act, 2011State Act of Mizoram · Act 3 of 2012

(1) An officer posted as a Station House Officer/Officer-in-Charge in a Police Station, as a Sub- Divisional Police Officer, as a Superintendent of Police of a District and as a Deputy Inspector General of Police in-charge of a Range shall have a term of a minimum of two years and a maximum of three years:

Provided that any such officer may be made to leave his post before the expiry of the minimum tenure of two years 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 & Appeal Rules; or

(d) suspension from 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; or

(g) on deputation with the consent of the officer concerned.

(2) In exceptional cases, an officer may be removed 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:

Provided that in all such cases, the competent authority shall report in writing the matter with all details to the next higher authority as well as to the Director General of Police. It shall be open to the aggrieved officer, after complying with the order, to submit a representation against his premature removal to the Police Establishment Board, which shall consider the same on merit and recommend due course of action to the competent authority.

Explanation: Competent authority means an officer authorized to order transfers and postings for the rank concerned.

Where this provision sits

ActThe Mizoram Police Act, 2011
Section12
Marginal noteTerm of office of key police functionaries
JurisdictionState of Mizoram
StatusIn force as published by the source

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