The Punjab Police Act 2007 - Modificaton (U.T.,Chandigarh)

llo~f.·rl ;",.~~,~ .. ~~L..U.. Diary ll t ..1 ~O..~."=1.• \O.140 IMMEDIATE I' IIted;.•..• 11/26/2006-UTP (Pt.C) Government of India Ministry of Home Affairs **** North Block, New Delhi Dated the6~May, 2010 To Shri Pradip Mehra Adv' Advisor to the Administrator IS r to the AdnHlli~I(~!. J Chandigarh Administration No/.L(.O.L{ .... P AA {G'~II o Chaooigarh. . ~ I !~r~c:_1!D u.... Sub: Extension of the Punjab Police Act, 2007 to the Union Territory of Chandigarh - reg. ~~?~ . \'SI~SI S.'( 1 ""'.: . Sir, ••.•\.t' ~t~ ,.......e·· I am directed to invite attention to this Ministry's letter of even number dated the 9th April, 2010, forwarding therewith a copy of the 0) Notification No.GSR 217 (E) dated the 29th March, 2010 regarding extension of the Punjab Police Act, 2007 to the Union Territory of ~~ Chandigarh. It is mentioned that consequential actions, like framing of \""\~ rules, regulations, etc have to be taken in the matter. You are requeste ~indicate the action taken in this regard to this Ministry. \"i'> c""I 2. In case, any specific action has to be taken by this Ministry, the O)~ . same may be specifically mentioned and a proposal in this regard may / ~ ) also be sent to this Ministry. Yours faithfully, l~ (M.L.~ Deputy Secretary (ANL) Telefax: 23094376 (TO BE REPUBLISHED IN THE CHANDIGARH ADMINISTRATION GAZETTE) (EXTRA-ORDJNARY) GOVERNMENT OF INDIA EXTRA-ORDINARY PART ll-Section 3-Sub-section (i) ofDated March 29, 2010. MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 29 March, 2010 G.S.R.217(E). -In exercise ofthe powers conferred by section 87 ofthe Punjab Reorganization Act, 1966 (31 of 1966), the Central Government hereby extends to the Union Territory of Chandigarh, the Punjab Police Act, 2007 (Punjab Act No. 10 of2008), as in force in the State ofPunjab at the date ofthis notification, subject to the following modifications, namely:- MODIFICATIONS In the Punjab Police Act so extended to the Union Territory of Chandigarh,- (1) save as otherwise expressly provided hereunder,- (a) for the words "State" and "Punjab", wherever they occur, the words "Union Territory ofChandigarh" shall be substituted~ (b) for the words "State Government", "Government" and the "Government of the State of Punjab", wherever they occur, the words "Administrator, Union Territory of Chandigarh" shall be substituted~ (c) for the words "Director General of Police", wherever they occur, the words "an officer appointed by the Central Govemmen~ with any designation, to head the Chandigarh Police" sha~be substituted~ (2) in section 2,- (a) clause (a) shall be renumbered as clause (al) and before the clause so renumbered, the following clause shall be inserted, namely: '(a) "Administrator" means the Administrator of the Union Territory of Chandigarh appointed by the President under article 239 ofthe Constitution~' (b) clauses (c) and (d) shall be omitted; (c) in clause (k), for the words and figures, "Punjab Municipal Act, 1911 and the Punjab Municipal Corporation Act, 1976", the words and figures, "Punjab Municipal Corporation Law (Extension to tb Chandigarh) Act, 1994" shall be substituted; (d) for clause (r), the following clause shall be substituted, namely:- '(r) "police officer" means any member ofthe Police Service ofthe Union Territory ofChandigarh constituted under this Act and shall include an Indian Police Service Officer allocated to the Arunachal Pradesh-Goa-Mizoram-Union Territories cadre and posted in Chandigarh constituent of the cadre or an Indian Police Service Officer deputed to the Chandigarh constituent of Arunachal Pradesh-Goa-Mizoram-Union Territories cadre;' (e) in clause (s), for the words "two or more police ranges", the words "two or more police districts" shall be substituted; (f) clauses (bb) and (cc) shall be omitted; (3) in section 4,- (a) in clause (b), for the word "shall", the word "may" shall be substituted; (b) in clause (d), for the words "State Level Police Recruitment Board or District Level Police Recruitment Board", the words "Police Recruitment Board" shall be substituted; (4) in section 5,- (a) in sub-sections (1) and (2), for the words "State Government", the words "Central Government" shall be substituted; (b) in sub-section (2), for the words "Directors General of Police, Additional Directors General of Police and as many Inspectors General, Deputy or Assistant Inspectors General of Police", the words "officers ofsuch different ranks" shall be substituted; (c) in sub-section (3), for the words "an Additional Director General or an Inspector General or a Deputy Inspector General or an Assistant Inspector General ofPolice", the words "officers referred to in sub section (2)" shall be substituted; (5) for section 6, the following section shall be substituted, namely:- "6. (1) The Central Government shall appoint an officer from amongst Indian Police Service officers borne on the Arunachal Pradesh-Goa Mizoram-Union Territories cadre, with such designation as considered appropriate, to head the Chandigarh Police: Provided that under exceptional circumstances, the Central Government may appoint an officer from Indian Police Service deputed to the Arunachal Pradesh-Goa-Mizoram-Union Territories cadre, to head the Chandigarh Police. (2) The officer so appointed under sub-section (1) shall have a tenure of not less than two years unless he attains the age ofsuperannuation: Provided that the Central Government may transfer the officer appointed under sub-section (1) before completion of two years ofhis tenure, if -- \ { he is- (a) incapacitated by physical or mental illness or otherwise becoming unable to discharge his functions as the head ofthe Chandigarh Police; or (b) promoted to a higher post either underthe StateGovernment or under the Central Government: Provided further that the Central Government may, for special reasons, to be recorded in writing, also transfer him before the completion oftwo years' tenure." (6) for section 7, the following section shall be substituted, namely:- "7. The Administrator may, with the previous approval of the Central Government, provide such number of Legal Officers and Finance Officers as may be prescribed, to aid and advise police officers on legal and financial matters."; (7) section 8 shall be omitted; (8) in section 13,- (a) in sub-section (2), the words "Sub-Inspector ofPolice or" shall be omitted; (b) for sub-section (3), the following sub-section shall be substituted, namely:- "(3) The Administrator may create Crime Investigation Units in such Police Stations, as he may deem necessary"; (9) for section 15, the following section shall be substituted, namely:- "15. The officer posted as Inspector General ofPolice ofa zone, Deputy Inspector General ofPolice ofa range, Senior Superintendent ofPolice and SuperintendentofPolice in apolice district, Assistant Superintendent of Police and Deputy Superintendent of Police in a sub-division and Station House Officer in a Police Station in a district, shall have a minimum tenure oftwo years: Provided that the competent authority may transfer the officer before the completion oftwo years oftenure ifhe is- (a) promoted to a higher post; or (b) incapacitated by physical or mental illness or otherwise becoming unable to discharge his duties and functions: Provided further that the competent authority may, for special reasons, to be recorded in writing, also transferan officer beforethe completion oftwo years oftenure." (10) for section 17, the following section shall be substituted, namely:- "17. With a view to prevent, detect and investigate crime and for enforcement of law and maintenance of order in trains passing through the railway lines area and other railway area, falling in his jurisdiction, the Administrator may, by notification in the Official Gazette, create a Railway Police Station consisting ofsuch railway lines and otherrailwayarea intheUnion Territory, as he may deem necessary; and appoint for policing such police officers, as may be prescribed." (11) for section 20, the following section shall be substituted, namely:- "20. The Administrator shall, in consultation with the Central Government, lay down a Policy for the purpose ofeducation and training ofall ranks and categories ofpolice personnel." (12) in section 25, for the word "shall", the word "may" shall be substituted~ (13) for section 27, the following section shall be substituted, namely:- "27.(1) The Central Government may establish a Security Commission for theUnion TerritoryofChandigarh with such composition and functions as may be prescribed. (2) Notwithstanding anything to the contrary contained in sub- section (1), the Central Government may constitute a Common Security Commission for all Union Territories with composition and functions as may be prescribed." (14) section 28 shall be omitted; (15) in section 29,- (a) in sub-section (1), in clause (a), for the words "StatePoliceBoard", the words "Security Commission" shall be substituted; (b)clauses (c) and (d) ofsub-section (1) shall be omitted~ (c) in sub-section (2), the words "and the Commissioners ofPolice" shall be omitted; (16) for section 32, the following section shall be substituted, namely:- "32. (1) The Administrator shall constitute a Police Establishment Committee which shall consist ofthe following officers, namely:- (a) officer appointed to head Chandigarh Chairperson Police under sub - section (1) of section 6 (b) Senior Superintendent of Police, Member Chandigarh (c) two other officers not belowthe rank Member ofSuperintendent ofPolice (2) The Police Establishment Committee shall decide the matters with regard to postings and transfers ofall police officers ofthe rank of Deputy SuperintendentofPolice and below." (17) in section 34, in sub-section (1), in the proviso, for the words "the State Legislature within aperiod ofsixmonths from the date ofissue orthe first sitting ofthe legislature, whichever is earlier", the words "each House of Parliament within a period ofsix months from the date ofissue" shall be substituted; (18) in section 36, for the words "the DeputyInspector General ofPolice ofthe range concerned", the words "such officer as may be prescribed" shall be substituted; (19) for section 54, the following section shall be substituted, namely:- "54. The Administrator may, in consultation with the Central Government, by notification in the Official Gazette, constitute a Police Complaints Authority." (20) section 72 shall be omitted; (21) in section 80,- (a) in sub-section (1), for the words, "one year", the words "six months" shall be substituted; (b) for sub-section (2), the following sub-section shall be substituted, namely:- "(2) Every rule made under this Act shall be laid, as soonas may be after it is made, before each House ofParliament, while it is in session for a total period ofthirty days which may be comprised in one session orintwo or more successivesessions, and if, beforethe expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be ofno effect, as the case may be; so, however, thatanysuch modification orannulmentshall be without prejudice to the validity ofanything previously done under that rule." (22) in section 81, in sub-section (2), for the words "State Legislature", the words "each House ofParliament" shall be substituted; (23) in section 84, in sub-section (1), for the words "State Government", the words "Central Government orthe Administrator" shall be substituted; (24) in section 85, for the words "shall remain in force", the words "as extended to theUnion TerritoryofChandigarh, shall remain in force" shall be substituted. [F. No.1401l/26/06-UTP (Part C)] (B. Bhamathi) Joint Secretary to the Government ofIndia ANNEXURE PART I DEPARTMENT OF LEGAL AND LEGISLATIVEAFFAIRS, PUNJAB Notification The 5th February, 2008 No.10-Leg.l2008.-The following Act ofthe Legislature ofthe State ofPunjab Received the assent ofthe GovernorofPunjab on the 24th January, 2008, and is hereby published for general information :- THE PUNJAB POLICE ACT, 2007 ( Punjab Act No. 10 of2008) AN ACT to respond to the democratic aspirations of the people and to provide for the establishment. regulation and management ofthepolice, redefine its role, duties and responsibilities and to enable it to functions an efficient, professional, effective, accountable, people friendly, service oriented and responsive agency, free from extraneous influences, accountable to law by taking into account the emerging challenges ofpolicing, enforcement ofrule oflaw, the concern for security ofthe State and the society, particularly the venerable sections and minorities, good governance, human rights and for the matters connected therewith or incidental thereto. Be it enacted by the Legislature ofthe State ofPunjab in the Fifty-eighth Year ofthe Republic ofIndia as follows :- Chapter- I DEFINITIONS AND INTERPRETATIONS 1. (I) This Act may be called the Punjab Police Act, 2007 Shorttitleandcommencement (2) It shall come into force on such date, as the State Govenunent may, by notification in the Official Gazette, appoint. 2. (1) In this Act, unless the context otherwise requires,-- Definitions. (a) "Annual Policing Plan" means a statement, prepared before the beginning of each f'mancial year of the police priorities for the year, indicating the financial resources expected to be available and ofthe proposed allocation ofsuch resources. (b) "Cattle" include cows. buffaloes, elephants, camels, horses, asses, mules, sheep, goats and swine~ (c) "City Police Commissionerate" means major urban areas notified as such by the State Government in Official Gazette for purpose ofthis Act. 2 ,. (d) "Commissioner" means Commissioner of Police appointed as such under section 8; (e) "Community Police Resource Centre" means a body, registered under the Societies Registration Act, 1860 with a view to provide for public-police interface. (f) "competent authority" means an authority, as may be prescribed byrules for different purpose under this Act~ (g) "Group C posts" mean the posts, categorized as such under the relevant Service Rules~ (h) "insurgency" means waging ofarmed struggle by a group or a section ofpopulation against the State with the objective of secession ofpart from the territory ofIndia~ (i) "internal security" means preservation of sovereignty and integrity of the State from the disruptive and antinational force within the State~ (j) "militant activities" include any violence of a group, using explosives, inflammable substances, frrearms or other lethal weapons or hazardous substance in order to achieve its objectives; (k) "municipal area" means an area, defined as such in the Punjab Municipal Act, 1911 and Punjab Municipal Corporation Act, 1976; (I) "Non-Gazetted Officer" shall include an officer of the rank ofAssistant Sub-Inspector ofPolice, Sub-Inspector ofPolice and InspectorofPolice. (m) "organized crime" includes any crime, committed by a group or a network of persons pursuance of its common ill intention of unlawful gain by using violent means or threat ofviolence; (n) "outpost" means a police posts, carved out an area of a police station. (0) "outsource" means procurement of work from or its entrustment to some other agency or persons, outside the police department. (p) "place of public amusement and public entertainment" means a place, which may be notified as such by the State Government from time to time~ (q) "police district" means the area notified as such under section 10~ (r) "police officer" means any member of the Police Service of the State, constituted under this Act, and includes Indian Police Service officer allocated or deputed to. the State Cadre; (s) "Police range" means a geographical area, comprising two or more police ranges, which may be notified as such by the State Government in the official gazette. (t) "Police zone" means a geographical area of the State, compnsmg two or more police ranges, which may be notified as such from time to time by the State Government in the official Gazette. 3 , .- (u) "prescribed"means prescribed byrules made under this Act; (v) "Public place" means any place to which the public have access and includes,-- a public building, market, mall, train, bus, monument and 1. precincts thereof; and any place, accessible to the public for drawing water, 11. washing orbathing orfor purposes ofrecreation; (w) "Regulations"means regulations made under this Act; (x) "Rules" means rules made underthis Act; (y) "section"means asection ofthis Act; (z) "Service" means the police service constituted under this Act; (aa) "Special Cell" means a Police Investigation Unit, specially dealing with the crime of particular type, like cyber crime, crime against Women and Children, crime related to Non Resident Indians, economic offices and crime against Scheduled Castes. (bb) "State" means the State ofPunjab; (cc) "State Government" means the Government of the State of Punjab; (dd) "Strategic Policing Plan" means a plan setting out the proposed arrangements for policing during a specified period, and includes priorities of the financial resources expected to be available and of the proposed allocation of those resources, expected to be available and ofthe proposed allocation ofthose resources. (ee) "Subordinate rank" means a rank below the Assistant SuperintendentofPolice or DeputySuperintendentofPolice· and (ft) "Terrorist activity" includes any activity of a person or a group using explosive or inflammable substances orfIrearms or other lethal weapons or noxious gases or other chemicals or any other substance of a hazardous nature with the aim of strike terror in the societyor any section thereof, and with an intent to overawe Government, established by law. (2) The words and expressions, used in this Act, but not defmed, shall have the same meanings as assigned to them in the General Clause Act, 1897 (Act 10 of 1897), the Code of Criminal Procedure, 1973 (Act 2 of 1974) and the Indian Penal Code, 1860 (Act 45 of1860). Chapter II CONSTITUTION AND ORGANIZATION OF POLICE SERVICE 3. (1) There shall be one Police Service in the State. Constitutionofpolice service (2) Notwithstanding anything contained in any other law or anyofthe provisions ofthis Act, members ofthe Police Service shall be liable for posting anywhere in the State and outside the State, as may be ordered bythe competent authority. 4 4. Subjectto the provisions ofthis Act,- Organizationandcompositionof policeservice. (a) the Police Service shall consist of such numbers in various ranks and have such organization or cadres, as the State Government may, by general or special orders, determine, and shall include the members of the Indian Police Service, allocated ordeputed to the State; (b) the officers ofsubordinate ranks ofdistrict police, armed police, Intelligence and technical and support services shall form separate cadres. Seniority of each cadre shall be maintained at the State level. Transfer of a member ofone cadre to another cadre shall not be allowed; (c) notwithstanding anything contained in sub-clause(b), a member of the Police Service may be allowed to be deputed on deputation from one cadre to another cadre or organisation or department, as perrules; (d) the direct recruitment to various subordinate ranks in the Police Service shall be made through a State Level Police Recruitment Board or District Level Police Recruitment Board in a transparent manner; (e) the mode of recruitment, pay, allowances and other service conditions ofthe members of the Police Service shall be such, as may be prescribed; (f) the State Government shall provide for employment opportunities to women in the Police Service and may provide for separatephysical standards for their recruitment; and (g) the State Government mayrestructure the district police in order to provide the public with an officer-oriented civil interface of the police in such manner, as maybe prescribed. 5 (I) For the overall direction, control and supervision of the Police AppointmentofDirector General,AdditionalDirector Service, the State Government shall appoint a Director General of General,InspectorGeneral, Police. He shall also exercise such powers, perform such functions DeputyorAssistantInspector General. and duties, and have such responsibilities, as may beprescribed. (2) The State Governmentmay appoint one or more Directors General of Police, Additional Directors General of Police and as many Inspectors General, Deputy or Assistant Inspectors General of Police, as itmaydeem necessary. (3) The State Government may, by a general or special order direct in what manner and to what extent, an Additional Director General or an Inspector General or a DeputyInspector General or an Assistant Inspector General ofPolice assist the Director General ofPolice in the performance, exercise and discharge of his powers, functions, duties and responsibilities. 6. (1) The State Government shall select the Director General ofPolice Selectionandtermofofficeof DirectorGeneralofPolice. from amongst Indian Police Service officers borne on the State cadre, who are in the rank of Director General or are eligible to hold this rankfor appointment as Director General ofPolice. 5 (2) The Director General ofPolice so appointed, shall have tenure of not less than two years, unless he attains the age of superannuation: Provided that the State Government may, transfer the Director General ofPolice before completion oftwo years ofhis tenure, ifhe is- (a) conviction by a court of law in a criminal case or where charges have been framed against him by a court in a case involving corruption or moral turpitude; or (b) incapacitation by physical or mental illness or otherwise becoming unable to discharge his functions as the Director General ofPolice; or (c) promotion to a higher post under either the State or the Central Government : Provided further that the State Government may also transfer the Director General of Police before the completion of two years' tenure, for special reasons, to be recorded in writing. 7. (1) The State Government may provide such number of Legal officers ProvidingofLegalandFinance Officers. and Finance Officers to aid and advise the office of Director General of Police on legal and fmancial matters, as may be prescribed. (2) The State Government may also appoint in every Police district and City Police Commissionerate, one or more Legal Officers to advice the police on legal issues including the adequacy or otherwise of the available evidence, as deemed necessary in various cases, to beinvestigatedby them. (3) Appointment ofofficers referred to in sub-sections (1) and (2) shall be made in the manner, as maybe prescribed. 8. (1) The State Government may, by notification in the Official Gazette, Administrationofpolicein municipalareas. establish for a municipal area and its adjoining area, a police system, which is capable of handling the typical and complex problems of crime, public order and internal security, which may call for quick and comprehensive response from the police by way of purposeful direction, unitary chain of command, professional competence, functional specialization and legal authority coupled with accountability. (2) For achieving the purposes mentioned in sub-section (1) - (i) the State Government may, appoint a police officer, not below the rank of Deputy Inspector General ofpolice, to be the Commissioner ofPolice for any aforesaid specified area; and (ii) The Commissioner, so appointed, shall exercise such powers, perform such functions and duties and have such responsibilities and authority, as are provided by or under this Act or as may otherwise be directed by the State Government by ageneral or special order. 6 ./ Provided that the State Government may, direct that any of the powers, functions and duties, responsibilities or authority, exercisable or to be performed or discharged by the Commissioner ofPolice, shall be exercised or discharged subject to the control ofthe Director General of Police: Provided further that in any area for which a Commissioner of Police is appointed, and is empowered by the State Government by notification in the Official Gazette, subject to such conditions and limitations, as may be specified therein, he may exercise and perform in relation to the City Police Commissionerate, the powers and duties ofan Executive Magistrate and ofa District Magistrate under such provisions ofthe Code ofCriminal Procedure, 1973, and the following Acts or any other Act, as maybe specified in the notification: - (i) the IndianExplosives Act, 1884; (ii) the Mental Health Act, 1987; (iii) the Poisons Act, 1919;. (iv) the Police (Incitement to Disaffection) Act, 1922; (v) the Immoral Traffic (Prevention) Act, 1956; (vi) the Arms Act, 1959; (vii) the Prevention ofCrueltyto Animals Act, 1960; (viii) the Sarais Act, 1867; (ix) the Cinematograph Act, 1952; and (x) the Child Marriage Restraint Act, 1929. 9. (l) Each Police zone shall be headed by an officer of the rank of Creationofpolicezonesand ranges. Inspector General of Police, who shall supervise the police administration of such zone, and report to the Director General ofPolice. (2) Each Police range shall be headed by an officer ofthe rank of Deputy Inspector General of Police, who shall supervise the police administration of such range, and report to the Director General ofPolice through the inspector General ofPolice ofthe Police zone. 10. The State Government may, by notification in the Official Gazette, Policeelistricts. declare any revenue district ofthe State or part thereof, to be a police district. The administration ofthe police throughout such district, shall vest in the Senior Superintendent of Police of the district, who maybe assisted by as many Superintendents of Police, Assistant Superintendents of Police or Deputy Superintendents of Police, as the State Government deem necessary. 11. For the purpose of dealing with a particular category of crime or DistrictLevel SpecialCells. providing better services to the community at large including victims of crime, the State Government may, by notification in the Official Gazette, create one or more Special Cells in each police district, to be headed byan officer, not belowthe rank ofInspector. 12 The State Government may, by notification in the Official Gazette, PoliceSub-Divisions. divide each police district into as many Sub-Divisions as may be 7 ,/ deemed necessary, which would be headed by an officer ofthe rank of an Assistant Superintendent of Police or Deputy Superintendent of Police. 13. (1) The State Government may, on recommendation of the Director PoliceStations. General ofPolice, create, by notification in the Official Gazette, as many police stations and outposts as may be deem necessary, in a police district as deemed necessary by it, duly keeping in view the population, area, crime situation and the workload in terms of law and order and the distance, to be covered bythe 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 ofPolice or Inspector ofPolice, as per the post, duly sanctioned for such Police Station, subject to the fulfillment ofthe conditions that the official.-- (i) should not be facing prosecutionin acriminal case. (ii) should not have been served a charge-sheet in a vigilance enquiry or in a departmental enquiry, conceming serious misconduct involving moral turpitude. (iii) must have worked in the rank ofNon-Gazetted Officerin aPolice Stationfor aminimum period of3 years. (iv) should not have been awarded a major punishment during a period of five years, preceding his posting as Station House Officer. (v) must not have been doubted in respectofhis integrityfor a period of five years, preceding his posting as Station House Officer. (3) There shall be a crime investigation unit in each Police Station. 14 The Senior Superintendent of Police of a district, shall get registered EstablishmentofCommunity PoliceResourceCentre and established Community police resource centre in the district, which may include among other things, streamlining police Service delivery mechanism, and initiatives, aimed at dissemination of information, redressal ofpublic grievances, checking domestic violence, assistance to elders, traffic education and management, child protection, victim relief and checking drug menace. 15. (1) The officers posted to the following posts, shall have a minimum Termsofofficeofkeypolice functionaries. assured tenure of one year against those posts, which shall be extendable to maximum period ofthree years :- 1. Inspector General ofPolice ofa zone; In a police 2. Deputy Inspector General of Police of a district range; and 3. Senior Superintendent ofPolice; 4. SuperintendentofPolice; 5. Assistant Superintendent ofPolice; 8 6. Deputy Superintendent ofPolice; 7. Station House Officer ofa Police Station; Provided that an officer may be removed or transferred by the competent authority from his post before the expiry ofthe said tenure, ifhe is, - (a) promoted to ahigher post; or (b) convicted or against whom, charges having been framed, by a court oflaw; or (c) suspended from Service in accordance with the provisions of the relevant rules ;or (d) incapacitated by physical or mental illness or otherwise becoming unable to discharge his duties and functions; or (e) there is a need to fill up the 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 inefficiency or negligence or non-performance or where a prima facie case ofa serious nature is found against him on the basis of preliminary enquiry. 16. (1) For the purpose ofefficiency in the general administration ofthe Coordinationwithdistrict administration district, the Senior Superintendent of Police of a district shall maintain proper co-ordination with the District Magistrate or Deputy Commissioner of the district. The District Magistrate or the Deputy Commissioner, shall, in addition to his functions and duties under the provisions of the Code of Criminal Procedure, 1973 (Act 2 of 1974) and other relevant Acts, coordinate and direct the functioning of the police in respect of the general administration of the district in general and in the following in particular, namely:- (a) promotion of land reforms and the settlement of land disputes; (b) Control oflaw and order situation in the district; (c) Conductofelections to anypublic body; (d) handling of natural calamities and rehabilitation of the persons affected thereby; (e) dealing with situation arising out ofany external aggression or internal disturbances; (£) removal ofany persistent public grievance; (g) handling ofcommunal orcastes clashes; (h) removal ofencroachments on public properties; (i) handling of or dealing with any similar matter, not falling within the purview of any other department of the State Government, but which may effect the general welfare of public. (2) For the purpose ofco-ordination, the District Magistrate may call a meeting or for any information ofa general or special nature, as 9 and when required from the Senior Superintendent ofPolice ofa district and heads ofthe other departments ofthe district. Where the situation so demands, the District Magistrate shall pass appropriate orders and issue directions, which shall be implemented bythe concerned departments. 17. (1) With a view to prevent, detect and investigate crime and for RailwayPolice enforcement of law and maintenance or order in trains passing through the railway lines area and other railway area, falling in its jurisdiction, the State Government may, by notification in the Official Gazette, create one or more special railways police district, with required number ofRailway Police Sub-Divisions and railway Police Stations consisting of such railway lines and other railway areas in the State, as it may deem necessary and appoint a Senior Superintendent of Police, one or more Superintendents of Police, Assistant Superintendent of Police and Deputy Superintendents of Police and such other Police Officers for policing such districts, in such manner, as may be prescribed; 18. The police shall have an Intelligence Wing for collection, collation, IntelligenceandCriminal InvestigationWings. analysis and dissemination of intelligence and a separate State Crime Investigation Wing for collection, collation and analysis of criminal intelligence and for investigating heinous crimes with inter-district or inter-state ramifications, major economic offences, cyber crime or other cases ofserious nature. 19. (1) The State Government shall create and maintain such specialized TechnicalandsupportSeIVice. and technical agencies and services, under the Director General of Police, as may be considered necessary or expedient for promoting efficiencyin Police Service. (2) The services created under sub-section (1), shall include a full fledged Forensic Science Laboratory at the State Level, a Finger Print Bureau, a State Crime Record Bureau and a Computer and TelecommunicationWing. (3) Notwithstanding anything contained in sub-section(2), the Director General of Police may, if he so deems appropriate, hire or engage the services ofan expert - whether a person or body on such terms and conditions, as may be prescribed to carry out the purposes of this Act. (4) The Police shall have aResearch Wing to undertake specific studies relating to issues having impact on police functioning and performance. The Director General of Police may hire or engage services ofanypersonorbodyon suchterms and conditions, as may be prescribed for carrying out these purposes. The Research Wing shall also undertake thefollowing tasks, namely :- (a) preparation offive year perspective plans to modernize and upgrade police infrastructure with the objective of enhancing the professional competence and efficient management ofthe State Police; and (b) keeping abreast of the latest technologies, successfully introduced by other police organizations within the country 10 or abroad, and assessing the adoption or otherwise of such technologies bythe State police. 20. (1) The State Government shall establish a Police Training PoliceTraining. Academy at the State level and as many Police Training Colleges and Police Training Schools as may be deemed necessary by it 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 ofdifferent ranks and categories, as may be required from time to time. (2) For the aforesaid purposes, the State Government shall procure the services of officers from the police service, or Paramilitary Forces or Armed Forces orother Professional Organizations, for the Police Training Academy, College and Schools, referred to in sub-section(1). The aforesaid officers shall be selected after carefully examining their teaching aptitude. The State Government shall evolve a scheme of monetary and other incentives on the pattern ofthose, followed by Sardar Vallabhai Patel National Police Academy, Hyderabad to attract and retain the best of the available talent in the service of such training institutions. (3) No police officer shall be deployed on duty without undergoing and passing the prescribed basic training. No police officer shall be promoted to any higher rank withoutundergoing and passing the prescribedpre-promotion training. (4) The Director of the Police Training Academy and the heads of Police Training Colleges and Schools may hire or engage the services of any person or body, qualified for the purpose of imparting the prescribed training on such terms and conditions, as may beprescribed. (5) The State Government may establish training centers with the appropriate infrastructures in each police district or city police commissionerate orArmed Police Battalion, as the case may be. (6) The State Government shall frame rules to provide for the utilization of the capitation fees, to be charged for training candidates from other States or Union Territories or countries for improving the infrastructure ofsuch training institutions. 21. Every member ofthe police service, enrolled under this Act, shall, on Oathoraffirmationbypolice personnel appointment and completion of training, take before an officer, authorized in this behalf by the Director General of Police, an oath or affmnation, as may beprescribed. 22. (1) Every police officer, not below the rank of Inspector, shall on Certificateofappointment. appointment, receive an insignia and a certificate in the form, as may be prescribed. The certificate shall be issued under the hand and seal ofsuch officer, as the State Government may by general or special order, direct. (2) The Certificate ofappointment shall become null and void, and the 11 r. insignia shall be deemed to be withdrawn whenever the person named therein, ceases to belong to the Service and shall remain inoperative during the period, such person is suspended from the servIce. 23. (1) When, it appears that any unlawful assembly has been convened or SpecialPolice,OffIcers. riot or disturbance in law & order has taken place, or same is reasonably apprehended, and the police force ordinarily employed for preserving the peace is not sufficient for its preservation and for the protection ofthe inhabitants and the securityofproperty, it shall be lawful for any police officer, not below the rank ofInspector to request to the nearest Executive Magistrate, to appoint so many of the residents of the neighbourhood, as such police officer may require, to act as special police officers for such time and within such limits, as he may deem necessary, and the Executive Magistrate, unless he sees cause to the contrary, shall complywith such arequest. (2) Every specialpolice officer so appointed shall, - (a) on appointment, undergo prescribed trammg and thereafter, receive a certificate in a form, approved by the State Government inthis behalf; (b) have the powers, privileges and immunities and perform the duties and responsibilities of regular police officer and be subject to the control ofthe authorities, specified under this Act; and. (c) behonorary. (3) the State Government, may by special order, specify the honorarium to be paid to such special police officer. 24. The Police Service shall have such ranks and posts as may be notified RankstructureinCiviland ArmedPoliceBattalions. 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 such, as maybe prescribed. 25. To assist the Police in enforcement oflaw and maintenance oforder or DistrictArmedReservesand StateArmedPoliceBattalions. in situations like breach ofpeace and in disaster management function, in escort ofprisoners, as well as to discharge such other duties, which may require special weapons and tactical teams or presence of Armed Police, the StateGovernment 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 regulated as perrules made under this Act. ChapterIII SUPERINTENDENCE AND ADMINISTRATION OF POLICE 26. The superintendence of State Police shall vest in and be exercised by SuperintendenceofStatePolice tovest inStateGovernment. the StateGovernment in accordance with the provisions ofthis Act. ... 12 27. (1) The State Government shall, within aperiod ofthree months ofthe EstablishmentofStatePolice Board. coming into force ofthis Act, establish a State Police Board to exercise the functions assigned to itunderthis chapter. (2) The State Police Board shall consist of following persons, namely:- (a) the ChiefMinister, Punjab; -- Chairperson; (b) the Home Minister, Punjab; -- Vice-Chairperson; (c) the ChiefSecretary, Punjab; -- Member (d) the Principal Secretary to GovernmentofPunjab, -- Member DeparbnentofHome Affairs andjustice; (e) the Advocate General, Punjab; and -- Member (f) the DirectorGeneral ofPolice -- Member Secretary; 28. The State Police Board shall perform the following functions, namely:- FunctionsofStatePoliceBoard. (a) to aid and advise the State Government in discharge of its functions and responsibilities under this Act; (b) to frame broadpolicy guidelines for promoting efficient, effective, responsive and accountable policing in accordance with the law; (c) to review and evaluate organizational performance of Police Service in the State; and (d) to identify shortcomings regarding infrastructure and equipment in police. 29. (1) The State Government shall,-- Strategicandannualplans (a) in consultation with the State Police Board established under Section 27, draw up a Strategic Policing Plan for a period of five-years (hereinafter referred to as the "Strategic Plan"), duly identifying the objectives of policing soughtto be achieved during the said period and setting outan action planfor theirimplementation; (b) in consultation with State Police Board draw Annual Policing Planprioritizing the goals or StrategicPlan; (c) place before the State Legislature, within aperiod ofsix months ofthe coming into force ofthis Act, the Strategic Plan. Subsequent Strategic Plans shall, be placed before the State Legislature everythree years; and (d) place before the State Legislature, at the beginning of each financial year, a Progress Report on the implementation of the Strategic Plan as well as an AnnualPolicing Plan. (2) The Strategic Policing Plan and the Annual Policing Plans shall be prepared after receiving inputs on the policing needs of the districts from the Senior Superintendents of Police and the Commissioners ofPolice, who, in tum, shall furnish the same in 13 consultationwith the Public. 30. (1) The administration ofPolice shall vest with the Director General of AdministrationofStatePolice Police and with such Additional Directors General of Police, Inspectors Genernl of Police, Deputy Inspectors General of Police and such other Police Officers, as may be appointed under this Act, under the overall superintendence and control of the State Government. (2) The administration of police in a district shall vest with the Senior Superintendent ofPolice. 31. (1) The following shall be the responsibilities of the Director General of Powers and responsibilities of DirectorGeneral ofPolice. Police, namely:- (a) To enforce the policies am otheraction plans, approved by the State Government; and (b) To administer, control and supervise the police service to ensure its efficiency, effectiveness, responsiveness and accountability (2) The Director General of Police, with the approval of the State Government, may outsource any ofthe functions ofthe police in order to improve efficiency in the functions of the police subject to rules framed underthis Act 32. (1) The State Government shall constitute a police establishment PoliceEstablishment Committee (hereinafter referred to as the Establishment Committee), Committees. which shall consist of the following police officers, at the Headquarters, namely :- (a) theDirectorGeneral ofPolice :Chairperson (b) theHead ofState Intelligence Wing; :Member (c) theHeadofthe AdministrationWing; :Member (d) theHead ofLaw and OrderWing; and :Member (e) the Inspector General ofPolice, :Member Headquarters, Punjab. (2) The Establishment Committee shall decide with regard to transfers postings of police officers of the rank of Deputy Superintendent of Police. (3) The Establislunent Committee shall also consider and recorrunend to the Director General ofPolice, the names ofthe non-Gazetted Officers for posting to a police range on initial appointment, or for transfer of subordinate ranks from one police zone or police range to another police zone or police range, as the case may be, where such transfer is considered expedient forthePolice Service. (4) The transfers and postings of subordinate ranks, within a police zone, shall be decided by the Inspector General of Police of zone on the recommendationofa Committeecomprising all the ranges inthat zone. (5) The transfers and postings ofofficers subordinateranks, withina Police Range, shall be decided by the Deputy Inspector General ofPolice of the range on the recorrunendation of a Committee, comprising of the Deputy Inspector General of Police of the range and the Senior Superintendents ofPolice ofall the districts inthat range. (6) The postings and transfers of officers of subordinate ranks within a police district, shall be decided by the Senior Superintendent ofPolice 14 ofthe district on the recommendation of all Superintendents ofPolice posted inthe District: Provided that the Director General of Police or any other officer, authorized by him, may decide transfers falling under sub-sections (4),(5) & (6) at his ownlevel in such cases, as he deems fit. ChapterIV POLICING IN THE CONTEXT OF PUBLIC ORDERAND INTERNAL SECURITY CHALLENGES 33. (1) The Director GeneralofPolice shall, with the approval ofthe State Internal SecurityScheme Government, draw up an Internal Security Scheme for the entire State as well as for each ofthe districts and urban areas to deal with problems of publicorder and security ofthe State as a whole or for any specific area or areas. (2) The Internal Security Scheme shall be updated regularly by incorporating therein, the latest comprehensive standard operating procedures for the actions, to be taken by the police either independently or in co-ordination with other agencies in the period, before, during and after the occurrence of problems ofeach kind. 34. (1) As and when, the security ofthe State in any area is threatened by Creation of Special Security Zone insurgency or any terrorist or militant activity whether by any organized crime group or otherwise, the State Government may, by notification in the Official Gazette, declare such an area as a special SecurityZone: Provided that such notification shall be placed before the State Legislature, within a period ofsix months from the date of issue or the fIrst sitting ofthe Legislature, whichever is earlier. (2) For a Special Security Zone, as declared under sub-section(l), the State Government may, create an appropriate Police structure providing for such zone, a suitable command, control and response system. (3) The Director General ofPolice shall with the concurrence ofthe State Government, issue orders, laying down standard operating procedures, to be followed bythe police in a Special SecurityZone. (4) 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 ofany devices, or equipment, or any explosive, poisonous, chemical biological or radioactive articles or substances, or any inflow offunds, in a Special SecurityZone, ifthe use orinflow offunds, in Special SecurityZone, if the use or inflow thereof, is reasonably considered a threat to internal securityor public order in the area, in any a manner. 35.

The State Government, may, for any special Security Zone, frame rules Framingofrules to prevent and control the activities ofpersons or organizations, which may have an impact on internal securityor public order. Chapter V EFFECTIVE CRIME INVESTIGATION 36. (1) The State Governmentmay, by notifIcation in the Official Gazette, InvestigationbyDistrictPolice cause separation oflaw & order machinery from the investigation wing in such municipal areas, as may be deemed appropriate by it 15 in order to bring about more professionalism. The investigation staff shall ordinarily not be diverted for any other duties except l with the pennission of the Deputy Inspector General of Police of the Range concerned. (2) The State Government shall create in every district specialized l crime investigation unit, headed by an officer, not below the rank ofInspector with an appropriate strength ofofficers and staff, for investigating such categories of specialized crime, as may be deemed appropriate. The personnel posted in this unit shall not be diverted to any other duty, exceptunderexceptional circumstances with the written permission of the Deputy Inspector General of Police ofthe Range concerned. 37. The officers posted in special crime investigation units shall be selected Selectionofofficers. on the basis of their aptitude, professional competence and integrity. Their professional skills shall be upgraded, from time to time, through specialized training in investigative techniques, particularly in the application of scientific aids to investigation and forensic science techniques. 38. The officers posted in the special crime investigation units may InvestigationofCrirre. investigate crimes, such as murder, kidnapping, rape, dacoity, robbery, dowry-related offences, serious cases ofcheating, misappropriation and other economic offences, specified by the Director General of Police, besides any other cases, specially entrusted to the unit by the Senior Superintendent ofPolice ofadistrict. 39. The State Government may provide necessary legal and forensic aid to LegalandForensicadvice. investigating officerduring investigation. ChapterVI ROLE, FUNCTIONS, DUTIES AND RESPONSIBILITIES OF THE POLICE 40. The role and functions ofthe police shall be , -- Role, functionsanddutiesofthe Police. (a) to prevent and detect crime; (b) to uphold and enforce the law impartially, and to protect life, liberty and property, human rights and dignity of the people; (c) to maintain law and order; (d) to maintain internal security; (e) to promote and preserve public order; (f) to provide possible help to people in distress or in situations arising out ofnaturalor man-made disasters; (g) to facilitate orderly movementofpeople and vehicles and also to control and regulate traffic on roads and highways with aspecial emphasis on checking the violations under the Motor Vehicles Act, 1988 and the rules made thereunder, falling under the following categories, namely :- those, endangering the lives ofroad users; 1. those, restricting the smooth flow oftraffic on roads; and 11. 16 those, adding to the pollution ofthe environment; lll. (h) to register and investigate all cognizable offences coming to their notice, duly supplying a copyofFirst Information Report to the complainant forthwith and to carry out further investigation as per law; (i) to collect intelligence relating to matters, affecting public peace, crime, social harmony and securityofState and take appropriate action; G) to take charge of all unclaimed property and take action as per relevant rules. (k) to prevent and control public nuisance. (1) to enforce anyotherduty assigned bylaw. 41. Itshall be the dutyof everypolice officerto, -- Socialresponsibilitiesofthe police. (a) extend due courtesywhile dealing people; (b) guide and assist people especially those, needing help and protection; (c) provide all possible assistance to victims of crime and of road accidents, and in particular, make efforts that they receive timely medical aid; (d) be impartial and respectful for human rights, with special attention to weaker sections, while dealing with situations of conflict; (e) preventharassment ofwomen and children in public places; (f) render assistance to the people, particularly women, children, and the poor persons, against criminal exploitation by any person or organized group ofpersons; (g) arrange for legally permissible assistance and shelter to every person in custody and making known to all such persons, provisions oflegal aid schemes, available from the Government and also inform the authorities; and (h) actively work towards checking the social evils of drugs and female foeticide. 42. A senior police officer may, perform any duty, assigned by law or by a Seniorpoliceofficerperforming dutiesofsubordinateofficer. lawful order to any subordinate to him, and may aid, supplement, supersede or prevent any action ofthe subordinate byhis 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 convenient effectto the law or for avoiding any infringement thereof. 43. (1) It shall be the duty ofevery officer in-charge ofa Police Station to Policeofficerstokeepdiary. keep a general dairy in such form, as may, from time to time be specified by the State government and to record therein, all complaints and charges made, the names ofall persons arrested, the offences complained against them, the names ofcomplainants, the weapons or property that have been taken from their possession or otherwise or the witnesses, who have beenexamined. (2) Every Police Station shall keep such record, registers, forms and 17 returns, as may be prescribed. (3) The State Govenunent or the Director General of Police, may specify returns, reports and statements connected with prevention and detection of crime, maintenance of order, performance of duties, administration and management of the Police Service, required to be maintained atdifferent levels. 44. With a view to carry out the purposes ofthis Act, the State Government AuthorityofdistrictSenior SuperintendentofPoliceover may declare that the authority, which is or may be exercised by the villagewatchmen. District Magistrate over a village watchmen for the purposes of policing, shall be exercised by the district Senior Superintendent of Police. Provided that such an authority shall be exercised underthe overall controlofthe District Magistrate. ChapterVII REGULATION, CONTROL AND DISCIPLINE 45. The Director General ofPolice shall be competent to issue directions or Regulations. orders, not inconsistent with the provisions of this Act or the rules framed there under regarding,-- (a) prevention and investigationofcrime; (b) maintenance oflaw and order; (c) regulation and inspection of the police organization and of the work performed bythe police officers; (d) regulating the issue and use ofarms and ammunition; (e) wearing ofuniform; (f) organization, classification and distribution of the police force; (g) recruitment subordinates, special police officers and ministerial staff; (h) specifying the places of residence of the members of the police service; (i) internal vigilance within the police; G) institution, management and regulation of any Non Govenunent fund for the purpose connected with the police administration orwelfare ofpolice personnel; Explanation.-For the purpose of this clause, "Non Government Fund" shall mean a Fund, in which no contribution is made either by the State Government or by the public; (k) regulation, deployment, movements and location of the police; (1) assigning of duties to the officers of all ranks and grades, and specifying the manner and the conditions subject to which, they shall exercise and perform their respective powers and duties; (m)regulating the collection and communication or intelligence 18 / and information bythe police; (n) specifying the record, registers and forms to be maintained and the returns, to be submittedbydifferent police units and officers; (0) communitypolicing; (P) functioning ofpolice stations and otherunits; (q) training of the police force and management of training institutions; (r) generally, for the pwpose of administering this Act and for rendering the police more efficient, and preventing abuse of poweror neglect ofdutiesbythem; and (s) covering any aspect of police administration, which is incidental or co-related to the provisions of this Act or the rules framed thereunder. 46. Every police officer shall be considered to be always on duty, and may Policeofficerstobealwayson duty at anytime, be deployed in anypart ofthe State oroutside the State. 47. No police officer shall abdicate his duties or withdraw himselffrom his Abdicationofduties orher place ofposting ordeployment, withoutproper authorization. Explanation: - An officer who, remains absent after expiry of authorized leave without reasonable cause, shall be deemed within the meaning ofthis section to have withdrawn himselffrom the duties ofhis office. 48. No police officer shall engage in any other employment or office of Employmentinofficeofprofit. profit whatsoever, other than his duties underthis Act. 49. (1) Whoever, intentionally causes or attempts to cause, ordoes any act Penaltyforcausingdisaffection. which is likely to cause disaffection towards the Government, established by law, amongst the members of a police force, or induces or attempts to induce or does any act, which is likely to induce any memberofa police force to withhold his services orto commit abreach of discipline, shall be punished with imprisonment, which may extend to three years orwith fme, which may extend to ten thousand rupees, or with both. Explanation :- The expression of disapproval of measures of the State Government by lawful means, or disapproval ofthe administrative or other action of the State Government, do not constitute an offence under this section, unless they cause or are taken for the purpose of causing disaffection. 50. 1)No member ofa police Service shalL without the express sanction of Restrictionsrespectingrightto formassociation,freedomof the State Government, - speech. (a) be a member of, or be associated in any way with, any trade union, labourunion, political association; (b) be a member of, or be associated in any way with any other society, institution, association or organization that is not recognized as part of the police Service of which, he is a member: Provided that ifsuch a society, institution, association or 19 organization is purely social, recreational or of religious nature, amemberofthe police Service, may become its member; and (c) communicate with the press or publish or cause to be published any book, letter or other document, except where such communication or publication is in the bonafide discharge of his duties or is of a purely literary, artistic, scientificcharacter oris ofaprescribed nature. (2) No member ofapolice Service shall participate in, or address, any meeting or take part in any demonstration for any political purpose or for such otherpurposes, as may be prescribed. (3) Any person violating the provisions ofthis section, shall be liable to face disciplinary action as per the provisions ofthis Act or the rules made thereunder. 51. Any person who contravenes the provisions of sub-sections (4) of Penalty Section 34, shall, without prejudice to any other action that may be taken against him, be punishable with imprisonment for a term which may extend to three years, or with fine, which may extend to ten thousand rupees orwithboth. 52. Subject to any orders, which the Central Government may make in this EmploymentofPoliceofficer beyondtheStateto\lihichthey behalf, a member ofthe Police Service may be deputed to discharge his belong. duties in any other State, and shall, while discharging his duties there, be deemed to be a member of the Police Service ofthat State and be vested with the powers, functions and privileges and be subject to the liabilities ofaPolice officerbelonging to the Serviceofthat State. 53. In the event ofany component ofthe Police Service serving in anyother Extensiontodisciplinary lawsof Statetomemberofservicewhen State, whether independently or by being attached to the Police Service servingoutsideState. of that other State, every member of the said component, while discharging the duties of a police personnel in that other State, shall continueto be subject to the same laws in respect ofdiscipline as would have been applicable to him, if he had been discharging those duties within the State. Chapter VIII POLICE ACCOUNTABILITY 54. The State Government may by notification, constitute Police StateandDistrictPolice ComplaintAuthority. Complaints Authorities at the State Level as well as District level. ChapterIX WELFARE AND GRIEVANCE REDERESSAL MECHANISM FOR POLICE PERSONNEL 55. The State Government shall designate an officer, not below the rank of Welfare an Assistant Inspector General ofPolice to head a police welfare wing in the office of the Director General ofPolice to aid and advise him in the implementation ofwelfare measures for police personnel. 56 A police welfare fund shall be created under the administration and control of the Director General of Police for the welfare activities and programmers for police personnel which, shall consist ofthe following 20 contributions, namely :-- a) Contributionsbymembers ofthe police Service; and b) Such financial grants, as may be given by the State from time to time. 57. (1) The Director General of Police, with the approval of the State GrievanceRedressal Government, shall constitute, afair and transparentpolice grievance redressal mechanism for looking into the grievances of police personneL ChapterX General Offences, Penalties and Responsibilities 58. (1) The Senior Superintendent of Police of a district or an Regulationofpublicassemblies and processions. Superintendent of Police may, where necessary, regulate the conduct of all assemblies and processions on any public road, street or thoroughfare, and specify the routes by which and the time, at which such aprocession may pass. (2) It shall be the duty of the person who organize a procession on any road, street or thoroughfare, or who convenes an assembly at any public place, to give intimation in writing to the officer incharge ofthe concerned Police Station. (3) The Senior Superintendent of Police of a district or any officer, not below the rank of Assistant Superintendent of Police or Deputy Superintendent ofPolice, on receipt ofsuch intimation or otherwise, and upon being satisfied that such an assembly or procession, if allowed without due control and regulation, is likely to cause a breach of peace, may take necessary steps including making provision for satisfactory regulatory arrangements, on which alone, such assembly or procession may take place. For special reasons to be recorded in writing, the concerned officer may also prohibit the assembly orprocession in public interest. All orders and directions shall be given within forty-eight hours ofreceipt on intimation, as far as possible. 59. The Senior Superintendent of Police of a district or any officer, not Regulationofuseofmusicand othersoundsystemsinpublic below the rank of Assistant Superintendent of Police or Deputy places. Superintendent of Police, may regulate the time and the volume, at which music and other sound systems are used in connection with any performance and other activities in or near streets or any public place thatcause annoyance to the resident ofthe neighborhood. 60. (1) The Senior Superintendent of Police of a district or any police Directiontokeeporderon publicroads. officer, authorized byhim in this behalf, through a general or special order, may give reasonable directions to the public to keep order on public roads and streets; thoroughfares, or any public place, in order to preventobstruction, injuries or annoyance to the passers-by. (2) The Senior Superintendent of Police of a district may issue general directions under sub-section (1), in respect ofthe whole district or any part thereof. 61. Whoever contravenes the provisions of sections 58,59 or 60 shall be Penaltyandcompositionof offences. punished with imprisonment ofeither description for aterm, which may 21 I extend to six months, or with fine, which may extend to ten thousand rupees,orwith both: Provided that either before or after the institution of prosecution, these offences may be compounded before the competent authority or the court of such amount, as the State Government may, by notification in the Official Gazette, specifyin this behalf. 62. (1) The Senior Superintendent of Police of a district may, by public Powertoreservepublicplaces anderectbarriers. notice, temporarily reserve for any public purpose, any street or other public place, and prohibit entry to such an area, except on such conditions as may be specified. (2) The Senior Superintendent of Police of a district, may authorize any police officer to erect barriers and other necessary structures on public roads and streets to check vehicles or occupants thereof to ensure safety and security. (3) While acting under sub-section(2), the Senior Superintendentofa district, shall specify the necessary steps to be taken for ensuring the safetyofpassers-by. (4) The temporary structures shall be removed, once the purpose for whichtheywere installed, is achieved. 63. Any person, who obstructs the discharge of duties and functions of a ObstructioninPoliceWork Police Officer, shall, onconviction, be liable to simple imprisonment for a term, not exceeding three months orwith fine of rupees five thousand orwith both. 64. Whoever, not being a member of the Police Service, wears, without UnauthorizeduseofPolice Uniform obtaining permission from an officer, authorized in this behalf by the State Government by ageneral or special order, a police uniform or any dress, having the appearance or bearing on any ofthe distinctive marks ofthat uniform, shall, on conviction, be punished with imprisonmentfor a term, not exceeding six months or with fme, not exceeding rupees ten thousand orwith both. 65. Whoever, having ceased to be a police officer, does not forthwith his Refusaltoreturn certificateetc. onceasingtobepoliceofficers. certificate of appointment, clothing accouterment and other wherewithal supplied to him for the execution ofhis duty, shall on conviction by a Court of law, be punished with imprisonment for a term to a minimum fme ofone thousand rupees. 66. Whoever makes a false Statement or a statement which is misleading Falseormisleadingstatements madetoPoliceofficer. immaterial particulars to a police officer for the purpose of obtaining any benefit shall, on conviction, be punished with imprisonment for a term, which may extend to six months or with a fine, not exceeding rupees ten thousand or with both. 67. Whoever, being a Police Officer:- OffencesbyaPoliceOfficer. (a) intentionallyabdicates duties orwithdraws from duties; or (b) uses criminal force against another police officer, or indulges in gross insubordination; (c) engages himselfor participates in any demonstration, procession 22 or strike, or resorts to, or in any way abets any form ofstrike, or uses physical force to compel any authorityto concede anything; or Cd) is guilty of sexual harassment in the course of duty, whether towards otherpolice officers or any member ofthe public. shall on conviction by court, be punished with imprisonment for a term, which may extend to one year orwith a fme, not exceeding ten thousand rupees or with both. 68. (1) A person shallon conviction by a court, be liable to imprisonment OffencesbyPublic for a term, notexceeding one monthor with fme ofnot less than one thousand rupees or with both, when he commits any ofthe following offences on anypublic road, or street or thoroughfare, orfootpath, or anymunicipal councilor corporation or notified areato the inconvenience, annoyance or danger ofthe residents or passers-by, namely:- (a) Allows intentionally any cattle to stray or keeping any cattle or conveyance of any kind thereon longer than is necessary for loading or unloading or for taking up orgetting down passengers, or leaves thereon any conveyance in such a manner, as to cause inconvenience or danger to the public or uses the public road or thoroughfare orfootpath for sale or storage ofgoods; (b) being found intoxicated and riotous; (c) indulges in a drunken brawl or affray or assaults any person or indulges in any indecent exposure ofthe body; (d) neglects to fence in or duly protect any well, tank, hole or other dangerous place or structure under his charge or possession or otherwise creates a hazardous situation in a public place; (e) defaces or affixing notices, or writing or drawing on walls, buildings, road signs or other structures without the prior permission ofthe custodian ofthe property; (t) willfully damaging or sabotaging any public alarm system; (g) willfully enters or remains without sufficient cause, in or upon any building, belonging to the Government or land or ground attached thereto, or on any vehicle belonging to the State Government; (h) knowingly and willfully causing damage to an essential service, in order to cause general panic among the public; (i) acts in contravention of a notice publicly displayed by the competent authority in any State Governmentbuilding; Provided that the police shall take cognizance of this offence only upon a complaint made by an authorized functionary ofthe concerned office; G) knowingly spreading rumours or causes false alarm to mislead the police, fire brigade or any other essential service; (k) causes annoyance to a women by making indecent overtures of calls orbystalking; Provided that the police shall take cognizance ofthis offence 23 onlyupon a complaint made by the victim, or any other person authorized byher; and (l)releases any obnoxious gas or fluid which causes annoyance or inconvenience or likely injuryto anyone. (2) Offences under sub-clauses (b), (c), (t), (g), (h), (k) and (I) of sub section (1), shall be cognizable and bailable. (3) Whoever, commits anyoffence under sub-section (1), on subsequent conviction, shall be liable to enhanced punishment, of imprisonment, not exceeding three months. 69. No suit or other legal proceeding shall lie against a police Officer for ProsecutionofPoliceOfficers any act done, in good faith or intended to be done in pursuance of this Act or ofany rules or any order made thereunder, except on a report in writing of the facts, constituting such offence by, or with the previous sanction of an officer, authorized by the State Government in this behalf. 70. Subject to the provisions of section 300 of the Code of Criminal Prosecutionforoffencesunder otherlaws. Procedure, 1973 (Central Act 2 of 1974), nothing contained in this Act shall bar the prosecution of any person under any other law, for anything done or made punishable underthis Act. 71. No Court shall take cognizance of any offence under this Act after the Limitationofactions. expiry ofthe period oflimitation, as provided under Chapter XXXVI of the codeofCriminal Procedure, 1973 (Central Act 2 of1974). ChapterXI MISCELLANEOUS 72. All powers, functions and duties ofthe Senior Superintendent ofPolice PowersofSeniorSuperintendent ofPolicetobeexercisedby of a district described under this Act, shall be exercised, in respect of Commissioner. areas notified under section 8, by the Commissioner or any other Officer, who may be authorized in this behalfby State Government. 73. All fees paid for licenses or written permissions, issued under this Act, Disposaloffeesandrewards. and all sums paid for the service ofprocesses by police personnel, and all rewards, forfeitures and penalties or shares thereof, which are by law payable to police officers as informers, shall, save in so far as any such fees or sums are payable under the provisions of any other law in force to any local authority, be credited to the State Government in such manner, as maybe prescribed. 74. No order, direction, or act done under any provision of this Act, or Validityofordersand actions. under the rules made thereunder, shall be illegal, void or invalid merely byreasonofany defect or form. 75. A Police Officer taking charge ofan office for atemporaryperiod, shall Officersholdingchargeofor succeedingtovacancies exercise the same powers and duties of that office conferred under this competentto exercisepowers. Act, on an officerholding regular charge ofthat office. 76. (1) Any license or written permission granted under the provisions of Licensesand permissions. this Act, or the rules framed thereunder, shall specify the period and locality for which, and the conditions and restrictions subject to which, the same is granted, and shall be given under the signature of ,r 24 the competent authorityand such fee, as maybeprescribed. (2) Ifany ofthe conditions or restrictions, subject to which a license or written permission was granted under this Act, is infringed or evaded by the person to whom it was granted, or if such person is convicted of any offence in any matter to which such license or permission relates the license or written permission so granted, shall be suspended orrevoked bythe competentauthority. (3) When any such license or written permission is suspended or revoked, or when the period for which the same was granted has expired, the person to whom the same was granted, shall, for all purposes ofthis Act, be deemed to be without a license or written permission, until the order for suspending or revoking the same, is cancelled, or until the same is renewed, as the case maybe. (4) Every person to whom any such license or written permission has been granted, shall, while the same remains in force, at all reasonable times, produce the same, if so required by a police officer. Explanation - For the purpose of this section, any such infringement or evasion by, or conviction of, a servant or other agent acting on behalf of the person, to whom the license or written permission has been granted, shall be deemed to be infringement or evasion by, or as the case may be, conviction of the person to whom such license or writtenpermission has beengranted. 77. Any public notice required to be given under any ofthe provisions of Publicnotices. this Act, shall be in writing under the signature ofacompetent authority and shall bepublished in the locality, to be affected thereby, by affixing copies thereofin conspicuous public places, or by proclaiming the same with beat ofdrums, orby advertising the same in such localnewspapers ofEnglish orregional language or Hindi as the said authority may deem fit, or by any two or more ofthese means or by any other means, as it maythink suitable. Provided that the publication ofnotice may be dispensed with by the competent authority in public interest for reasons, to be recorded in written. 78. Whenever under this Act, the doing or the omission to do anything or Consentofcompetentauthority. the validity of anything depends upon the consent, approval, declaration, opinion or satisfaction of a competent authority, a written document, signed by a competent authority purporting to conveyor set forth, such consent, approval, declaration, opinion or satisfaction shall be sufficient evidence thereof. 79. Every license, written permission, notice, or other document, not being Signatureonnotices. a summons or warrant, search warrant, required bythis Act, orthe rules made thereunder, to bear the signature ofthe competent authority, shall be deemed to be properly signed ifit bears a facsimile of its signature stamped thereon. 80. (I) The State Government shall, by notification in the Official Gazette, Powertomakerules make rules for carrying out the purposes of this Act, within one yearfrom the dateonwhich this Act, come into force.