(1) The Slate Police Board shallhave the iollowing as its members namely-
(a) ihe Chiei Minister as ils Chairperson;
(b) lhe Leader of Opposition in ihe Siale Legislative Assembly;
(c) a retired High CourtJudge;
{d) the Chiel Secretary:
(e) the Secretary in charge of the Horne Department;
t7 St.ategic Pollcing Plan and Annual Policing Plan State Police Board Cornposition ol the Board the Secretary in charge ol ihe Finance Departnrent:
the Secretary in charge ofthe SocialWellare & Empowerment Department;
the Director General ol Police as ils Membeasecretaryl and ihree non'political persons of proven reputation for iniegrih/ and competence lo be appointed on the recornmendation ol the Selection Panel constituted under Section 41.
(2) The composition of the Board shall reflect adequate gender and minority represenlalion.
(3) No servlng gdvernment emp oyee shall be appointed as an lndependenl {4) Any vacancy in lhe Slate Police Board shall be tilled up as soon as praclicabie, but nol lalerlhan three months atterthe seat hasiallen vacant lndependent Members of the Slale Police Board shallbe appointed on the recomrnendalion of a Seleclion Panel, which shall consisi of' , {a) a retireo Chiei Juslice o'JJdge of a q,g" Coul as.Is Cl_airperson:
' ior lhe Cha.rperson ol lhe Stale PLblic Service Corl'rissiol: ano ] {c, the Cl_airoe'son o't1e Slate E ect on corrrr'ssion.
I The Selection Panelshall evo ve its own procedure to select lndependent Members through a transparerl i process.
No person shall be appointed as an lndepen de nt Nrember oi the Stale Police Board if he-
(a) ls nol a citizen of Lndia; or
(b) has been convicted by a Couri of law or againstwhom charges have been framed in a Court of lawtor
(c) has been dismissed orrernovedlrom seNice orcompulsorily retired on the grounds of corruption or misconduci; or
(d) holds an elected ofiice, including that of Member oi Parliament or Staie Legislature or a local body, or ls an oiiice'bearer ol any polltical pady or any organization connecied with a political party; or
(e) ls of unsound mind.
A person shall be appointed as an lndependent Memberior a period of th'ee years. The salre pe'son shall aot be appoilled lor more lhan lwo consecut,ve ierms. A pe'son appo n_ed as an 'rdependenl Member ray resign his position bywritien commLlnication addressedto the Chairman of the Board.
(0
(s)
(h) (D I\rethod of selection 42.
Grounds ol lneligibilily 4i| for Independeni Members Panel for selection of lndependent Members Term ol office of 44' lndependent Members Removalot lndependent Members 45,(1) An lndependent Member may be removed irom the Staie Poljce Board by a iwo-thirds majority of members ofthe Board on any oithe following grounds, namely'
(a) proven incompetence; or
(b) provenmisbehavior;or (c ) lailurelo attend ihree consecutive meelings of ihe Stale Police Board without sutficient cause; or
(d) incapacltation by reason oi physical or menial infkmity or otheMise becoming unable to discharge his function as a mernber, 18 Functions of the State Police Board Expenses of the State Police BoarC Transaction ol Business by the Boaad Annual Report otthe State Potice Board
(2) ln addition, an lndependent lvlember shall be removed kom lhe State Police Board il he incurs any of the grounds of ineligibility speciiied under Section 43'
46.(1) The State Police Board shall perform the following lunctions namely,"
(a) irame broad policyguidelinesfor promoting efficieni, eifective, responsive and accountable policing in accordance with the lawi
(b) apprcve the iive years Strategic Policing Plan and Annual Policlng Sub-Plani
(c) idenlify pe,Jormance indicators io evaluatethe functioning oflhe Police Service. These lndicators shall, interalia, include operationalefiiciency, public saiisiaction, victim salistaction vis_a-vis Police lnvestigation and response, acco!ntability, opllmum utilization oi resources, and observance of human rights standards; and
(d) revlew and eval!ate organizalional performance ol the Police Service in the state as a whole aswellas districl_wise against (i)the Annuai Plan,
(li) performance indicalors as identified and laid down, and (lli) resources available with and conskaints ol the police.
(2) Till such time an appropriale law is made on the subjeci, the Staie Police Board shaLl also lunciion as the State Vigilance Commission and per{orm the same functions in respecl o, the Sikkim Vigilance Police as are perfomed by the Stale Police Board in respect of the State Police, with Director Vigilance acting as lhe [,4ember Secretary, who shallbe an ol{icer not below the rank oi lnspeclor Generaloi Police.