(1) This Act may be called the Sikkirn Armed Police Force Act, 1981. Short title extent, COITI-
(2) It extends to the whole of Sikkim. mencement, :. and applica-(3) It shall come into force on such date as the State Government may, tion.
by notification in the Official Gazette, appoint.
(4) It shall apply to the officers of the Force. wherever they may be.
I 2. In this Act; unless the context otherwise requires,- Definitions
(a) "active duty" means-
(i) the duty to restore and preserve order in any local area in the event of any disturbance therein, to prevent offences involving breach of peace or danger to life or property, and to search for and apprehend persons concerned in such offences, or who are so desperate and dangerous as to render their being at large hazardous to the community; .
(ii) the duty to take all measures for extinguishing fires or to prevent damage to person or property on the occasion of such occurrences as fires, floods, earth-quakes, enemy action or riots and to restore peace and preserve order on such occasion;
(iii) such other duty as may be specified to be active duty by the State Government or the Inspector General of Police in a direction issued under section 12;
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(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j) Constitu- 3.
tion of the Force.
2 "Commandant", "Assistant Commandant" "Adjutant" "Company Commander" means a person appointed by the State Government to those offices under section 5;
"follower" means any person appointed to do the work of a cook, mess servant, washerman, cobbler, barber, tailor, sweeper or any other tradesman designated as such in connection with the Force;
"Force" means the Sikkim Armed Police Force constituted under section 3;
"Inspector-General" means the Inspector-General of Police ;
"members of the subordinate ranks" means members of the Force below the rank of Adjutant, Assistant Commandant or Company Commander;
"officer of the Force" means a member of the Force;
"police officer" means every police officer as defined III the Police 5 of 1861 Act, 1861;
"prescribed" means prescribed by rules made under this Act;
"superior officer" in relation to any officer of the Force, means,-
(a) an officer of the Force of a higher class than, or of a higher grade in the same class as, such officer; or
(b) an officer of the Force of the same grade or class but senior to such officer;
(k) the words and expressions used herein and not defined, but defined in the Indian Penal Code, 1860, the Code of Criminal Procedure 45 rf1860 1898, and the Police Act, 1861 shall have the meanings respectively ~~f~~~L assigned to them in those enactments.
(1) In addition to the police force constituted under the Police Act, 1861, 5 of 1961.
the State Government may constitute and maintain a force known as the Sikkim Armed Police Force'. '
(2) The Force shall be constituted and maintained in such manner as may be prescribed.
(3) Subject to the provisions of this Act, the pay, pension and other conditions.of service of members of the Force shall be such as may be prescribed:
Provided that nothing in this section shall apply to the pay, pension and other conditions of service of the mem bers of the Indian Police Service who may be transferred to the Force.
(4) The State Government 01' any officer empowered by the State Government in this behalf may-
(a) divide the Force in groups;
(b) sub-divide each group into battalions, and each battalion into companies, and each company into platoons, and platoons into sections or smaller sub-units; .
(c) post any group, battalion, company, platoon, section or smaller sub-unit at such places as the State .Government or such officer may deem fit.
4. The superintendence, control and administration of the Force shall, in accordance with the provisions of this Act and the rules made thereunder, vest in the Inspector-General or in such Deputy Inspector-General or Assistant Inspector-General of Police as the State Government may authorise in this behalf.
Appoint- 5. (1) The State Government may appoint for each Battalion a Commanment of Comman- dant who is a person eligible to hold the post of a Superintendent of Police dant, Assis- and one or more Assistant Commandants, Adjutants and Company Com-~~~;a~~-manders who shall be persons eligible to hold the post of an Assistant or a and Adju- Deputy Superintendent of Police.
tanto Superintendence, control and administration of Force.
5 of1861.
3
(2) The Deputy Inspector-General of Police, the Assistant Inspector- General of Police, the Commandant, the Assistant Commandant, the Company Commander and the Adjutant may exercise such powers and authority as may be prescribed.
6. The State Government may, by notification in the Official Gazette, em- C?nfe~ment power a police officer of the District police force of such rank to exercise such go~~~~a~n_ disciplinary powers under this Act over the officers of the Force working under der~heAct his operational control and in such districts as may be specified in the notifi- ;~i~tp3i~ cation: Force.
Provided that such police officer shall be of the rank higher than the rank of the officer of the Force incharge of such Force.