(1) Every officer of the Force shall for the purpose of this Act be deemed to be always on duty and any officer of the Force and any number or body of the officers of the Force may, jf the State Government or the Inspector-General so directs, be employed on active duty for so long as and wherever the service of the same may be required whether in Sikkim or outside.
(2) Every direction issued under sub-section (1) shall specify that the duty on which any officer of the Force or any number Or body of such officers is directed to be employed shall be deemed as active duty for the purposes of this Act.
(3) Every direction issued under sub-section (1) shall be final and binding 011 every officer of the Force.
(4) An officer of the Force employed on active duty under sub-section
(1), or when a number or body of the officers of the Force are so employed, the officer-in-charge of such number or body, shall be responsible for the efficient performance of their duty and all police officers who but for the employment of one or more officers of the Force or body of officers of the Force, would be responsible for the performance of that duty, shall, to the best of their ability, assist and co-operate with the .said officer of the Force or officer-in ..charge of a number or body of officers of the Force.
Officer of 13. (1) When employed on active duty at any place under sub-section (1) oft~:d~~~;d section J 2, the senior officer of highest rank not be1o.wthat of a Head Consto be in table present shall be deemed to be an officer-in-charge of a police station 5 £ 1898 ~~\;~~es~:_for the purposes of Chapter IX of the Code of Criminal Procedure 1898. 0 tion andcir- (2" T • h di hi tai d' ti 100 d 103 fcumstances ~)~'lotWJt standing anyt nng con ame 10 see Ions an 0 under which Indian Penal Code, 1860, an officer of the Force employed as aforesaid may, 45 of 1860.
~~;~: of when there is reasonable apprehension of assault on himself or any officer of entitled to the Force or of damage or harm to any property or person which or whom it use force. is his duty to protect, use such force against the wrong-doer or assailant as may be reasonably necessary, even though the use of such force may involve risk of death of the wrong-doer or the assailant or any other person assisting such wrong-doer or assailant.
General powers of Commandant.
General duties of officers of Force.
Punish,!lcnt 14. If any officer of the Force resigns his appointment in contravention of for reslgna-. d . f h '. . b f dtioncontra- section 7 an .in pursuance 0 sue resignation remains a sent rom uty ry to provi- before it is ?ccel~ted, he shall be punished with imprisonment for a term which ~:~~s7~f see- may extend to one year or with fine which may extend to one thousand rupees, or with both.
Punishment 15. Any officer of the Force who wilfully neglects or refuses to deliver up i~rd~fi~~~l his certificate of appointment or any other article in accordance with certificate of sub-section (2) of section 10 shall be punished with imprisonment for ~f~l~:n~ic. a term which may extend to three months or with fine which may extend to five hundred rupees, or with both.
5
16. Every officer of the Force who More hei- BOllS offiences.
(a) begins, excites, causes or conspires to cause, or joins any mutiny, or, being present at any mutiny, does not use his utmost endeavours to suppress it, knowing or having reason to believe in the existence of any mutiny, or of any intention or conspiracy to mutiny or any conspiracy against the State, does not, without delay, give information thereof to his superior officer; or (I;) uses, or attempts to use criminal force against or commits an assault, on his superior officer whether on or off duty; or
(c) shamefully abandons or delivers up any post, guard, buildings, fortification or property which is committed to his charge or which it is his duty to defend; or
(d) in the presenct: of any person in arms against whom it is his duty to act, shamefully casts away his arms or his ammunition' or intentionally uses words or any other means to induce any officer of the Force or any police officer to abstain from acting against any such person in arms, or to discourage such officer from acting against any such person in arms, or who is otherwise guilty of cowardice or misbehaviour in rthe presence of any such person in arms; or
(e) directly or indirectly holds correspondence with, or commu.iicates intelligence to, or assists, or relieves,any person in arms r.gai.ist the State or any person conspiring against the State+Government • or public security or ahYf",p.erson to be arrested, 0r"'(')mits to ,""'"disclose immediately to his superior officer present, any such .. correspondence or communications coming to his knowledge; or
(f) directly or indirectly sells, gives away, or otherwise disposes of, or agrees to, or assists in, the sale, gift or disposal of any arms, ammunition or equipment to any person referred to in clause
(e), or knowingly harbours or protects any such person; or
(g) while on active duty "-
(i) disobeys the lawful command of his superior officer; or
(ii) deserts the Force or his post; or
(iii) being a sentry, or otherwise detailed to remain alert, sleeps at his post or quits it without being regularly relieved or without leave; or
(iv) without authority leaves his office for any purpose whatsoever; or
(v) uses criminal force against or commits an assault on, any person whom he has not any reason to believe to be in arms against the State and against whom it is his duty to act, or without authority breaks into any house or other place for plunder or any illegal purpose, or wilfully and unnecessarily plunders, destroys or damages any property of any kind; or
(vi) intentionally causes or spreads a false alarm in camp, garrison or qual' ters;
(vii) commits extortion or without lawful authority extorts anything from any person, carriage, potterage or provisions;
shall be punished with rigorous imprisonment for a term which may extend to six years and shall also be liable to fine.
Explauotion=:« An officer of the Force shall be deemed to desert the Force if he leaves his place of duty or posting without the permission of his superior officer, and he shall be deemed to desert his post if he leaves any sentry, beat, point, building, vehicle, or other place at which or in which he is specifically ordered by his superior officer to perform the duty assigned to him.
Less heinous offiences.
6
17. Every officer of the Force who -
(a) assaults or uses or attempts to use criminal force against any sentry; or being in command of a guard, picquet or patrol, refuses to receive any l?risoner or person lawfully made over to his charge or whether Il1 such command or not, releases any prisoner or person without proper authority or negligently suffers any prisoner 0r person to escape; or bcingin command of a guard, picquet or patrol, permits any person belonging to such guard, picquet or patrol to engage himself in gambling or other behaviour prejudicial to good order and discipline; or being under arrest or in confinement leaves the place of his arrest or confinement, before he is set at liberty by lawful authority; or is grossly insubordinate or insolent to his superior officer in the execution of his office; or maligns, feigns or produces disease or infirmity in himself or intentionally delays his cure Of aggravates his disease or infirmity; or maligns or disparages a superior officer or refers to him in derogatory terms either orally or in writing; or refuses to superintend or assist in the making or carrying out of any construction of any description ordered to be made either in quarters or in the field; or assaults or otherwise ill-treats any officer of the Force with reference to whom he is a superior officer; or designedly or through neglect damages or loses or fraudulantly or without due authority disposes of his arms, clothes, tools, equipment, ammunition, accoutrements or other necessaries furnished to him for the execution of his officer or any such article entrusted to him or to any other person; or with intent to render himself or any other person unfit for duty voluntarily causes hurt to himself or any other person; or (I) wilfully or negligently ill-treats, injures or causes the death of any animal or damages, lL1SSCS or takes away any animal or vehicle used in the pu blic service;
shall be punishable with rigorous imprisonment for a term which may extend to six months or with fine, which may extend to five hundred rupees or, with both. '
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
18. An officer of the Force, who, being in command of any guard, picquet, party, patrol or. detachment and k!lOWing of the c.ommission or of a design to commit any offence punishable under section 16 or 17, by or on the part of any officer of the Force under his command, intentionally omits or without reasonable excuse (the burden of proving which shall lie on him) fails to give information of such commission or design to his superior officer, shall be punished with rigorous imprisonment for a term which may extend to six months or with fine which may extend to five hundred rupees or with both.
Place of 19. (1) Every person sentenced under this Act to imprisonment may be ~~rti~~nd dismissed from the Force and his pay, allowances and any other money Iiability to due to him, as well as any medals and decorations received by him be dismissed f h b I· bl . f feit .on imprison- shall urt er e ra e to or er 111e.
Officer of Force in command to give information of offience under this A~t.
menr, 7
(2) Every such p- rson shall, if he is so dismissed, be imprisoned in such prison as the Slate Government may, by notification in ':he Official Gazette, specify in this behalf, but if he is not so dismissed from IheFor(c, he may if the Court so directs be confined ill the quarter guard or such other place as the Court may consider suitable.
20. (I) Whoever intcntionallv causes or attempts to cause or docs any Penalty for I . h'! - t· , , " ,- .'" - , I " <:nusmg dis-act wrnc nc cnows IS ! II<CiY to C;J U=: ulsaJ! ccnon towards L.1e '-..lOVern· .. aiTection mcnt established by law in India, amnl1~';t the oi:Y;cers of the Force, or etc. ' induces or attempts to. induce, or C!o·~s any act which he knows is likely to induce any 0111cer of' the Force to withno!d his services or to commit a breach of discipline, shall be punished with imp. isonmcnt which may extend to six month, or with fine which may extend to two hundred rupee; or wnh both,
(2) Nothing shall be deemed to be all offence under this ,<ellen which is clone in good faith for the purpose of promoting the welfare or interest of any officer of the Force by inducing him to withheld his services in any manner authorised by law.
21_ (1) A Commandant, or subject to the control of the Commandant an Minor A· C - 1 h ~ , t. 'punlsh-ssistant ommancant or sue 1 at er orncers as may be prcscr: bed, may award ments • for good and sufficient reasons to any member of the subordinate ranks anu below the rank of Head Constable, who.is subject to his authority, ~J11y of the following punishments for the commission (If any offence against dis, ipline, which is not otherwise provided for in this Act or which in the opinior of the Commandant, Assistant Commandant or such other OmC~T, as the C2~.C may be, is not of such serious nature as to call for prosecution before a criminal court, that is t.o say+ ,...
(il) confinement ill the quarter guard, or such other place as may be' considered suitable, for a term which may extend io fifteen clays when the order is passed by a Commandant, or 1.0 seven days when it is passed by any other officer. Such confinement shall involve the forfeiture of pay and allowances for the period or confinement if an order to this effect is passed by the officer awarding the punishment:
Provided that no officer below the rank of Commandant shall pass orders towards forfeiture of rDy and allowances;
(b) punishment drill, extra gu;nd, fatigue or any other ("luty for a term which may extend, when the order is passed by the Commandant, to fifteen days and when the order is passed by any other officer to seven days. •
(2) Any of the punishments specified in sub-section (1) may be awarded separately or jointly with anyone or more of the other punishments:
Provided always that confinement to the quarter guard shall not exeed :fifteen consecutive days-
(3) When a Commandant or an Assistant Commandant or other officer passes an order under sub-section (1), he shall enter in a book to be kept for the purpose, a brief description of the defaults together with the names of witnesses, explanation of the defaulter and the order of punishment and shall sign and date each such order.
22- Any officer of the FOJ'(;e who attempts to commit an offence punishable Attempts.
under this Act, or causes such all, ()frc\1~~ to be cO,~11mitted and in ,slIch attempt docs any ac: tG'.V~;;-\l::; ~h:;C.:-;~l:-·':;; ..;~of 11;-.: c~;;:;;',c:,may be punished with the punishment providedin this Act for such offence.
23_ Any officer of the Force who abets [In offence punishable under this Act Abetment.
may be punished with the punishment provided in this Act for such offence-