The Assam Police Act, 2007 (Single Document)
# ASSAM ACT NO. XX OF 2007


# (Received the assent of the Governor on 30th August, 2007)


# THE ASSAM POLICE ACT, 2007

 AN


# ACT


**Preamble**

**Short title,**
**extent and**
**commencement**


to provide for impartial and efficient Police Service safeguarding
the interests of the people making the Police Force
professionally organized, service oriented and accountable to the
law.

WHEREAS it is the constitutional obligation of the State to
provide impartial and efficient police Service safeguarding the
interests of the people with due regard to rule of law;

AND WHEREAS such functioning of the police personnel needs
to be professionally organized, service oriented and accountable
to law to make it more efficient instrument for the prevention
and detection of crime ;

AND WHEREAS it is expedient to redefine the role of the
police taking. into account the emerging challenges of policing
and security of the State, the imperatives of good governance,
and respect for human rights;

AND WHEREAS it is essential to appropriately empower the
police to enable it to function as an efficient, effective, peoplefriendly and responsive agency;

AND WHEREAS, it is necessary for this purpose to enact a new
law relating to the establishment and management of the Police
Service;

It is hereby enacted in the Fifty-eighth year of the Republic of
India, as follows :
## Chapter I

 Preliminary: Definitions and Interpretations


(2) It shall come into force on such date as the State Government

may, by notification in the Official Gazette, specify in this
behalf.

(3) It extends to the whole of the State of Assam.


**1.**


(1) This Act may be called the Assam Police Act, 2007.


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**Definitions**


**2.**


(1) In this Act, unless the context otherwise requires,-

(a) "Act" means the Assam Police Act, 2007;


(b) the words "Magistrate or the District" shall mean the

Chief Officer charged with the executive administration
of Magistrate and exercising the powers of the Magistrate,
by whatever designation the chief officer charged with
such executive administration is styled ; the word
"Magistrate" shall include all persons within the general
Police District, exercising all or any of the powers of a
Magistrate;

(c) "cattle" include cows, buffaloes, elephants, camels,

horses, asses, mules, sheep, goats and swine;

(d) "insurgency" includes waging of armed struggle by a

group or a section of population against the state with a
political objective including the separation of a part from
the territory of India;

(e) "organized crime" includes any crime committed by a

group or network of persons in pursuance of its common
intention of unlawful gain by using violent means or
threat of violence;

(f) "internal security" means preservation of sovereignty and

integrity of the State from disruptive and anti-national
forces from within the State;

(g) "militant" activities shall include any violent activity of a

group using explosives, inflammable substances, firearms
or other lethal weapons or any hazardous substance in
order to achieve its political objectives;

(h) "property" shall include any movable property, money or

valuable security;


(i) "person" shall include a company or corporation;


(j) "State Government" means the Government of Assam;


(k) "Police District" means the territorial area notified under

section 9 of Chapter II of this Act;

(l) "Police Officer" means any member of Assam Police

Force constituted under this Act;


(m) "prescribed" means prescribed by rules made under this

Act;

(n) "public place" means any place to which the public have

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access and includes,

(i) a public building and monument and precincts

thereof; and

(ii) any place accessible to the public for drawing water,

washing or bathing or for purposes of recreation;


(o) "regulations" mean regulations made under this Act;


(p) "rules" mean rules made under this Act;


(q) "service companies" mean units of State Armed Police

Branches and District Armed Reserve which are deployed
for law and order and other duties in support of civil
police;

(r) "service" means the Police Service constituted under this

Act;


(s) "subordinate rank" means all ranks below the rank of

Inspector of Police;

(t) "terrorist activity" shall include any activity or a person or

a group using explosives or inflammable substances or
firearms or other lethal weapons or noxious gases or other
chemicals or any other substance of a hazardous nature
with the aim to strike terror in the society or any section
thereof, and with an intent to overawe the Government
established by law:

_Provided_ _that_ _any_ _publication,_ _document_ _or_

_communication to promote terrorist activities shall be_
_deemed as terrorist activity._

(2) Words and expressions used in this Act but not defined
specifically shall have the same meaning as provided in the
General Clauses Act, 1897, Code of Criminal Procedure, 1973,
and the Indian Penal Code, 1860 and Assam General Clauses
Act, 1915.

## Chapter II

 Constitution and organization of the Police Force

3


Central Act No.
10 of 1897.
Central Act No.
2 of 1974;
Central Act No.
45 of 1860;
Assam  Act 2
of 1915


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**One Police**
**Force for the**
**State**

**Constitution**
**and composition**
**of the Police**
**Force**

**Appointment of**
**Director**
**General,**
**Additional**
**Directors**


**3.** (1) There shall be one Police Force for the State, Members of the

Police Force shall be liable for posting to any branch of the
Force in the State, including any of its specialized wings.

(2) The entire police establishment under the State Government

shall, for the purpose of this Act, be deemed to be one Police
Force and shall be formally enrolled and shall consist of such
members of officers and men, and shall be constituted in
such manner, as shall from time to time be ordered by the
State Government.

**4.** Subject to the provisions of this Act,-
(1) the Police Force shall consist of such numbers in various

ranks and have such organization as the State Government
may by general or special orders determine;

(2) the direct recruitments to non-gazetted ranks in the Police

Force shall be made through a state-level Police Recruitment
Board by a transparent process, adopting well-codified and
scientific systems and procedures which shall be notified
through appropriate rules to be framed by the State
Government;

(3) the recruitment to the Indian Police Service and to the rank

of Deputy Superintendent of Police shall be made through
the Union Public Service Commission and the State Public
Service Commission respectively;

(4) the composition of the Police Force shall, as far as possible,

reflect adequate representation of all sections of society,
including gender representation;

(5) the pay, allowances, service and working conditions of

police personnel shall be as prescribed by rules, from time to
time. These shall always be commensurate with the arduous
and hazardous nature of their duties;

(6) police personnel shall at all times remain accountable to the

law and responsible for protection of rights of the people and
shall observe codes of ethical conduct and integrity, as may
be prescribed.


**5.**


(1) For the overall direction and supervision of the Police Force,

the State Government shall appoint a Director General of
Police of the State who shall exercise such powers, perform
such functions and duties, and have such responsibilities and
such authority, as may be prescribed:

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**General,**
**Inspector**
**General, Deputy**
**and Assistant**
**Inspectors**
**General**

**Selections and**
**term of office of**
**the Director**
**General of**
**Police**


**6.**


Provided that the State Government may also appoint one

or more Director General of Police as in-charge of various
Police Organisations under the overall superintendence and
control of the Director General of Police of the State.

(2) The post of the Director General of Police of the State shall

be the senior-most position in the hierarchy of the Police
Force of the State.

(3) The State Government may, appoint one or more Additional

Director General, and as many Inspectors General, Deputy
and Assistant Inspectors General as necessary.

(4) The State Government may, by a general or special order and

in consultation with the Director General of Police, direct in
what manner and to what extent an Additional Director
General or an Inspector General or a Deputy or Assistant
Inspector General shall assist and aid the Director General of
Police in the performance, exercise and discharge of his
functions, Powers, duties, and responsibilities.

(1) The State Government shall appoint the Director General of

Police from amongst the five eligible senior most officers of
the State, empanelled for the rank.

(2) The empanelment for the rank of Director General of Police

shall be done by the State Security Commission considering
inter alia following criteria:
(a) length of service and fitness of health, standard as

prescribed by the State Government;

(b) assessment of the performance appraisal reports of

the previous fifteen years of service by assigning
weightages to different grading namely,

‘outstanding’ ‘Very Good’, ‘Good’ and

‘Satisfactory’.


(c) range of relevant experience including experience

of work in central police organizations, and training
courses undergone;

(d) indictment in any criminal or disciplinary

proceedings or on the counts of corruption or moral
turpitude or charges having been framed by a court
of law in such cases;

(e) due weightage to award of medals for gallantry,

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distinguished and meritorious service.


(3) The Director General of Police so appointed shall have a

minimum tenure of one year subject to his normal date of
superannuation:

_Provided that the Director Genera! of Police may be_
_transferred from the post before the expiry of his tenure by_
_the State Government consequent upon:-_

(a) conviction by a court of law in criminal offence or

where charges have been framed by a court in a
case involving corruption or moral turpitude; or

(b) punishment of dismissal, removal, or compulsory

retirement from service or of reduction to a lower
post or imposition of any other penalty other than
censure awarded under the provisions of relevant
Acts and Rules; or

(c) suspension from service in accordance with the

provisions of the rules; or

(d) incapacitation by physical or mental illness or

otherwise becoming unable to discharge his
functions as the Director General of Police; or

(e) promotion to a higher post under either the State or

the Central Government, subject to the officers
consent to such a posting.

(f) inefficiency or negligence or misdemeanour prima

facie establish after preliminary enquiry :


_Provided that in public interest the Stale Government may_
_transfer the Director General of Police as may be deemed_
_appropriate to meet any contingency._

The State Government may, by notification in the Official
Gazette establish for each urban areas with a population of 10
lakhs or more as may he notified for the purpose from time to
time, a police system which is capable of handling the typical
complex problems or crime, public order and internal security in

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**Administration**
**of Police in**
**Metropolitan**
**Areas, Major**
**Urban Areas**


7.


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**and other**
**notified Areas**

**Creation of**
**Police Zones**
**and Range**

**Police Districts**


urban areas, which call for quick and comprehensive response
springing from purposeful direction unitary chain of command,
professional competence, functional specialization and legal
authority coupled with accountability as follows :
(i) The State Government may appoint a police officer not
below the rank of Inspector General of Police to be the
Commissioner for any area specified in a notification
issued by the State Government in this behalf and
published in the Official Gazette;

(ii) The commissioner shall exercise such powers, perform
such functions and duties and shall have such
responsibilities and authority as are provided by this Act,
or as may otherwise be directed by the State Government
by general or special order:

_Provided that in any area for which a Commissioner is_
_appointed and is empowered to exercise to any power or_
_perform any function or duty under this Act or any other Act, the_
_District Magistrate shall not exercise the same power or perform_
_the same function or duty not withstanding the fact that such_
_area forms part of a District within the territorial jurisdiction of_
_the District Magistrate._

**8.** (1) The State Government in consultation with the Director
General of Police, may by notification divide the entire
geographical area of the State into one or more Police
Zones each Zone comprising two or more Police Ranges,
shall he headed by an Officer of the rank of Inspector
General who shall supervise the police administration of
the Zone and report directly to the Director General of
Police.

(2) The State Government, in consultation with the Director
General of Police of the State, may by notification create
as many Police Ranges as deemed necessary. Each Range,
consisting of two or more Police Districts, shall be headed
by an officer of the rank of Deputy Inspector General who
shall supervise the police administration of the Range and
report directly to the Inspector General in charge of the
Zone in the jurisdiction of which the Range falls.


**9.**


The State Government may in consultation with the Director
General of Police of the State, may by notification declare any
area within the State to be a Police District. The administration
of the Police throughout such district shall vest in the

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**District level**
**Special Cells,**
**Sub Divisions**
**and Circles**


**10.**


Superintendent of Police who may be assisted by as many
Additional, Assistant or Deputy Superintendents, as deemed
necessary and are notified.

(1) For the purpose of dealing with a particular category of
crime or providing better service to the community at large
including victims of crime, the State Government may, in
consultation with the Director General of Police of the
State and by Notification, create one or more Special Cells
in each Police District, to be headed by an officer of the
rank of Assistant / Deputy Superintendent of Police.

(2) The State Government may by notification divide each
Police District into as many Sub-Divisions as deemed
necessary, to be headed by an officer of the rank of
Assistant/Deputy Superintendent of Police.

(3) The State Government may by notification divide each
Police Sub-Division into two or more Circles, each to be
headed by an Officer of the rank of Inspector or Deputy
Superintendent of Police.

(1) The State Government may, in consultation with the
Director General of Police of the State and by notification,
create as many Police Stations with as many outposts as
necessary, in a Police District as deemed necessary, duly
keeping in view the population, the area, the crime
situation, the work load in terms of law and order and the
distances to be travelled by the inhabitants to reach the
Police Station.

(2) Two or more Police Stations may be assigned to a Police
Circle for the purpose of control and supervision.

(3) A Police Station shall he headed by an Officer in Charge
not below the rank of Sub-Inspector of Police:

_Provided that larger Police Stations may be placed under_
_the supervision of officers of the rank of Inspector of_
_Police._

(4) There shall be a crime investigation unit of appropriate
strength in each Police Station.

(5) The Superintendent of Police of a district may constitute a
community liaison group as may be prescribed for each
police station comprising respectable local residents of the
area including the representatives of the weaker sections
and women with unimpeachable character antecedents and
aptitude for community service to aid and advise the police
in its functioning.

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**Police Station** 11.


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**Appointment**
**and terms of key**
**functionaries.**


(6) Each Police Station shall prominently display all the
relevant information required to be made public, as may be
required.

**12.** (1) The State Government shall appoint and transfer officers
of the rank of Assistant/Deputy Superintendent of Police
and above.

(2) The Government may when deemed necessary post of a
Senior Superintendent of Police in a district who will
discharge all the functions of a Superintendent of Police in
charge of a district:

_Provided that the State Government may appoint one or_
_more Superintendents of Police in a district under the_
_control and supervision of Senior Superintendent of_
_Police._

(3) Following police officers on operational duties in the field
shall have a term of minimum one year:
(i) Superintendent of Police in charge of District;

(ii) Officer in charge of Police Station:

_Provided that any such officer may be transferred from his_
_post before the expiry of the minimum tenure of one year_
_consequent upon, -_

(a) promotion to a higher post; or

(b) conviction, or charges having been framed, by a

court of law in a criminal offence; or

(c) punishment of dismissal, removal, discharge or

compulsory retirement from service or of reduction
to a lower rank, or imposition of any other penalty
other than censure awarded under the relevant Acts
and Rules ;or

(d) suspension from service in accordance with the

provisions of the Rules; or


(e) incapacitation by physical or mental illness or

otherwise becoming unable to discharge his
functions and duties; or

(f) the need to fill up a vacancy caused by promotion,

transfer, or retirement; or

(g) on deputation with the consent of the officer

concerned ; or


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**Senior Police**
**officer**
**performing**
**duties of a**
**subordinate**
**officer.**

**Relationship of**
**superintendent**
**of Police with**
**District**
**Magistrates.**


(h) inefficiency or negligence or misdemeanor prima

facie established after preliminary enquiry :

_Provided that in the public interest the State Government_
_may transfer the Superintendent of Police of the District as_
_may be deemed appropriate to meet any contingency:_

_Provided further that in the public interest the Director_
_General of Police of the State may transfer Officers in_
_Charge of Police Station of the rank of Inspector and_
_District Superintendent of Police may transfer the Officer_
_in Charge of Police Station of the rank of Sub-Inspector of_
_Police within the district as may be deemed appropriate to_
_meet any contingency._

**13.** A senior police officer may perform any duty assigned by law or
by a lawful order to any officer subordinate to him, and may aid
supplement, supersede or prevent any action of the subordinate
by his 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 complete or convenient
effect to the

law or for avoiding any infringement thereof.

**14.** (1) The administration of the Police throughout the local
jurisdiction of the Magistrate is vested in the

Superintendent of Police under the general control and
direction of the Deputy Commissioner as District
Magistrate. The latter is responsible for keeping peace and
maintenance of law and order in a district and may employ
the police as he thinks best for the purpose.

(2) The Deputy Commissioner as District Magistrate has
however, no authority to interfere in the internal
organization and discipline of the Police force, but it is his
duty to bring to the notice of the Superintendent of Police,
all cases in which the conduct of and qualifications of
Police Officer affect the general administration of a
district.

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Central Act 2
of 1974


**Coordination**
**with the District**
**Administration**


**15.** (1) For the purpose of efficiency in the general administration
of the district, it shall be lawful for the District Magistrate,
in addition to the provisions of the Code of Criminal
Procedure, 1973 and other relevant Acts, to coordinate and
direct the functioning of the police, with other agencies of
district administration in respect of matters relating to the
following:
(a) the promotion of land reforms and the settlement of

land disputes;

(b) extensive disturbance of the public peace and

tranquility in the district;


(c) the conduct of elections to any public body;


(d) the handling of natural calamities and rehabilitation

of the persons affected thereby;

(e) situations arising out of any external aggression or

internal disturbances;


(f) any similar matter, not within the purview of any
one department and affecting the general welfare of
the public of the district; and


(g) removal of any persistent public grievance.


(2) For the purpose of such coordination, the District
Magistrate may call for information of a general or special
nature, as and when required, from the Superintendent of
Police and heads of other departments of the district.
Where the situation so demands, the District. Magistrate
shall pass appropriate orders and issue directions in
writing, to achieve the objective of coordination.

**Railway Police** **16.** (1) The State Government may, by notification in the Official
Gazette, create one or more special police districts
embracing such railway areas in the State as it may
specify, and appoint a Superintendent of Police, one or
more Assistant and Deputy Superintendent and such other
police officers for each such special district as it may deem
fit. The State Government may also appoint for the whole
State an officer not below the rank of Deputy Inspector
General of Police to supervise the functions of the Railway
Police.

(2) Subject to the control of the Director General of Police,
such police officers shall discharge police functions
connected with the administration of railways situated
within their respective charges, and such other functions as
the State Government may from time to time assign to

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**State**
**intelligence and**
**Criminal**
**Investigation**
**Department**

**Technical and**
**Support Service**


them.

(3) Any police officer whom the State Government may by
general or special order empower to act under this subsection, may, subject to any orders which the government
may make in this behalf, exercise within the special district
or any part thereof any of the powers of an Officer-inCharge of a Police Station in that district. While exercising
such powers he shall, subject to any such order as
aforesaid, be deemed to be an Officer-in-Charge of the
Police Station discharging the functions of such officer
within the limits of his Station.

(4) Subject to any general or special orders which the State
Government may make in this behalf, such police officers
shall, in the discharge of their functions, be vested within
every part of the State, with the powers and privileges and
be subject to the liabilities of police officers under this Act
or any other law for the time being in force.

**17.** (1) The State Police Organization shall have a State
Intelligence Department for collection, collation, analysis
and dissemination of intelligence, and a Criminal
Investigation Department for investigating inter-state,
inter-district crimes and other specified offences, in
accordance with the provisions of this Act.

(2) The State Government shall appoint a police officer of or
above the rank of Inspector General of Police to head each
of the aforesaid departments.

(3) The Criminal Investigation Department shall have
specialized wings to deal with different types of crime
requiring focused attention or special expertise for
investigation. Each of these wings shall be headed by an
officer not below the rank of a Superintendent of Police.

(4) The State Intelligence Department shall have specialized
wings, to deal with and coordinate specialized tasks such
as measures for counter terrorism, counter militancy and
VIP Security.

(5) The State Government shall appoint as may be prescribed
in the rules an appropriate number of officers from
different ranks to serve in the Criminal Investigation
Department, and the State Intelligence Department, as
deemed appropriate with due regard to the volume and
variety of tasks to be handled.

**18.** (1) The State Government shall create and maintain such
ancillary technical agencies and services, under the overall

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**Appointment of**
**Directors of**
**State Police**
**Academics and**
**Principals of**
**Police Training**
**Colleges and**
**Schools.**

**Organisation of**
**Research**

**Oath and**
**Affirmation by**
**Police**
**Personnels**

**Certificate of**
**appointment**


control of the Director General of Police, as considered
necessary or expedient for promoting efficiency of the
Police Service.

(2) The State Government shall take measures in encourage
and promote the use of science and technology in all
aspects of policing.

**19.** (1) The State Government may establish a full-fledged Police
Training Academy at the State level and as many fullyequipped Police Training College, and Schools as deemed
necessary 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 thematic and specialized in-service training
courses for police personnel of different ranks and
categories as deemed necessary from time to time.

(2) The State Government shall also provide for appointment,
by rules, of appropriate number of officers from the police
service or paramilitary forces or armed forces or other
professional organizations, in such Police Training
Academy, College and School, after careful selection
having due regard to aptitude, academic qualifications,
professional competence, experience and integrity. The
State Government shall evolve a scheme of monetary and
other incentives to attract and retain the best of the
available talent in the service to faculties of such training
institutions.

**20.** The State Government may set up such bodies and take up such
other steps as considered necessary or expedient for the purpose
of undertaking research into matters relating to the efficiency of
the Police Service.

**21.** Every member of the Police Service enrolled under this Act

shall, on appointment and completion of training, make and
subscribe before the Superintendent of Police or Commissioner,
as the case may be or another officer appointed in this behalf by
him as the case may be, an oath or affirmation, as prescribed.

22. (1) Every police officer of or below the rank of Inspector shall
on appointment receive an insignia and a certificate in the
form as prescribed. The certificate shall he issued under
the hand and Director General of Police or such officer as
may be authorized by the Director General of Police.

(2) The certificate of appointment shall become null and void,
and the insignia shall be deemed to be withdrawn
whenever the person named therein Ceases to belong to the

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**Special Police**
**Officer.**

**Police Officers**
**not to resign**
**without leave or**
**two months**
**notice**


Police Force or shall remain imperative during the period
such person is suspended from the service.

(3) Such certification shall cease to have effect whenever the
person named in it ceases for any reason to be a policeofficer, and on his ceasing to be such an officer, shall be
forthwith surrendered by him to any officer empowered to
receive the same.

A police officer shall not by reason of being suspended
from office, cease to be a police-officer. During the term of
such suspension, the powers, functions and privileges
vested in him as a police-officer shall be in abeyance, but
he shall continue subject to the same responsibilities,
discipline and penalties and to the same authorities, as if he
had not been suspended.

**23.** (1) When it shall appear that any unlawful assembly, or riot or
disturbance of the peace has taken place, or maybe
reasonably apprehended, and that police force ordinarily
employed for preserving the peace is not sufficient for its
preservation and protection of the inhabitants and the
security of the property in the place where such unlawful
assembly or riot or disturbance of the peace has occurred
or is apprehended, the Superintendent of Police or any
officer specially empowered in this behalf by the State
Government may, at any time by a written order issued
under the hand and seal of such officer appoint for a period
as specified in the appointment order any able bodied and
willing person between the age of 18 and 50 years, whom
be considers fit to be Special Police Officer to assist the
Police force, with prior approval of the State Government.

(2) Every Special Police Officer so appointed shall have the
same powers, privileges and immunities and be liable to
the same duties and responsibilities and be subject to the
same authorities as an ordinary police officer.

(3) Every Special Police Office so appointed shall he honorary
in nature. However, the State Government, may by special
order prescribe the honorarium to be paid to such Special
Police officers in the manner prescribed.


**24.**


No police-officer shall he at liberty to withdraw himself from the
duties of his office unless expressly allowed to do so by the
District Superintendent or by some other officer authorized to
grant such permission, or without the leave of the District
Superintendent, to resign his office, unless he shall have given to
his superior officer notice in writing, for a period of not "less
than two months, of his intention to resign".

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**Police Officer**
**not to engage in**
**other**
**employment**

**Additional**
**Police officer**
**employed at cost**
**of individuals**

**Ranks**
**structures in**
**Civil Police**

**District Armed**
**Reserved and**
**State Armed**
**Police**
**Battalions.**

**Role and**
**functions of**
**State Armed**
**Police Battalions**

**District Armed**
**Reserve**

**Organisational**
**structure of the**
**Armed Police**
**Battalions set up.**


25. No police officer shall engage in an employment or office
whatever other then his duties under this Act, unless expressly
permitted to do so in writing by the Director General of Police.


**27.** The service shall have such ranks and post as may be prescribed
or as may be notified by the State Government. The recruitment,
training, posting, deputation, promotion, code of conduct,
discipline, punishment and appeal and to other service conditions
of various ranks of service shall be as per rules.

**28.** To assist the civil police promptly and efficiently in dealing with

group protests and violent disturbances involving breaches of
peace or law and order, and in disaster management functions, as
well as to discharge such duties as require the presence of armed
police, the State Government shall create 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, including provision of
women units.

**29.** The Armed Police Battalion will be state-level reserve, to be

deployed under specific orders of the Director General of Police,
to aid and assist the civil police in dealing with virulent and
widespread problems of public disorder or other forms of
violence, needing deployment of armed police beyond the
resources of the District Police.

**30.** The District Armed Reserve, which will function under the

control, direction and supervision of the District Superintendent
of Police shall be the armed wing of the District Police to deal
with an emergent law and order problem or any violent situation
in the district, and for providing security guards or escort of
violent prisoners, or such other duties as may be prescribed.

**31.** A Commandant, equivalent in rank to Superintendent of Police,
shall head each Armed Police Battalion. The Commandant shall
be assisted by a Deputy Commandant, equivalent in rank to
Additional Superintendent of Police, who will also be the
Second-in-Command of the Battalion. Each Battalion shall be
divided into appropriate number of Service Companies and a

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**26.**


It shall be lawful for the Director General of Police or any
Additional Director General of Police or Inspector General of
Police or Deputy Inspector General of Police, or for the District
Superintendent of Police, subject to the general direction of the
Magistrate of the district, on the applications of any person
showing the necessity thereof, to depute any additional number
of police-officers lo keep the peace at any place within the
general police-district and for such time as shall be deemed
proper.


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**Administration,**
**Training etc. of**
**Armed Police**
**Branches**

**Superintendence**
**of State Police to**
**vest in the State**
**Government.**

**State Security**
**Commission**

**Composition of**
**the State**
**Security**
**Commission**


**34.** The State Government shall, within six months of the coming
into force of this Act, establish a State Security Commission to
exercise the functions assigned to it under the provisions of this
Chapter.

**35.** (1) The State Security Commission shall have as its members:

(a) the Chief Minister as the Chairperson,

(b) a retired High Court Judge;

(c) the Chief Secretary;

(d) the Secretary in charge of the Home Department as

its Member Secretary;

(e) the Director General of Police of the State; and

(f) three non-political persons (hereinafter referred to as

"Independent Members") of high integrity, expertise
and competence in administration, law enforcement
and security related matters nominated by the State
Government. Out of these one shall be police officer
superannuated in the rank not below Director
General of Police, another a retired civil service
officer not below the rank of Commissioner and
Secretary to the State Government with experience
in public administration. and the third member will
be from the fields of public service, legal profession
or social organization with at least fifteen years
experience in the field .

16


**32.**

**33.**


Headquarters Company, each of which will be headed by an
Assistant Commandant, equivalent in rank to Deputy

Superintendent of Police.

The Armed Police Branches setup of the State shall be headed by
an officer of or above the rank of Inspector General of Police,
who shall be responsible for the administration, training,
operational preparedness and welfare of personnel of all the
armed police units in the State, under the overall guidance and
supervision of the Director General of Police.

## Chapter III

 Superintendence and Administration of Police

The superintendence of State Police shall Vest in and be
exercised by the State Government in accordance with the
provisions of this Act, and any other law for the time being in
force.


-----

**Quorum** **36.**


(2) No serving Government employee shall be appointed as an
Independent Member.

(3) Any vacancy in the State Security Commission shall be
filled up as soon as practicable, but not later than three
months after the seat has fallen vacant:

_Provided that when the Chief Minister is not the Minister_
_in charge of Home Department then the Minister in charge_
_of Home shall be the vice chairperson of the Commission:_

Half of the members present shall constitute the quorum for the
meeting.


**Grounds of**
**ineligibility for**
**Independent**
**Members**

**Term of office of**
**the Retired High**
**Court Judge**
**and**
**Independent**
**Members.**

**Removal of**
**Independent**
**Members.**


**37.** No person shall be appointed as an Independent Member of the
State Security Commission if he ;


(a) is not a citizen of India; or


(b) has been convicted by a court of law or against whom
charges have been framed in a court of law; or

(c) has been dismissed or removed from service or
compulsorily retired on the grounds of corruption or
misconduct; or

(d) holds an elected office, including that of Members of
Parliament or State Legislature or a local body, or is an
office-bearer of any political party or any organization
connected with a political party; or


(e) is of unsound mind.


**38.** The Retired High Court Judge and the Independent Members
shall he appointed for a period of three years. The same persons
shall not be appointed for more than two consecutive terms.

**39.** (1) An Independent Member may be removed from the State
Security Commission by a two-thirds majority of members
of the Board on any of the following grounds:


(a) proven incompetence; or


(b) proven misbehavior; or


(c) failure to attend three consecutive meetings of the State

Security Commission without sufficient cause; or

17


-----

**Functions of the**
**State Security**
**Commission**

**Expenses of the**
**State Security**
**Commission**

**Administration**
**of Police Force**


(d) incapacitation by reasons of physical or mental

infirmity or otherwise becoming unable to discharge
his functions as a Member.

(2) In addition, an Independent Member shall be removed
from the State Security Commission if he incurs any of the
grounds of ineligibility specified under section 37

(3) The State Security Commission shall explicitly state in
writing the grounds for such removal.

**40.** The State Security Commission shall perform the following
functions :
(a) frame broad policy guidelines; for promoting

efficient. effective, responsive and accountable
policing, in accordance with the law;

(b) prepare panel of five police officers for the rank of

Director General of Police against prescribed criteria
in accordance with the provisions of Section 6 of
Chapter- II.

(c) identify performance indicators to evaluate the

functioning of the Police Service. These indicators
shall, inter alia. include: operational efficiency, public
satisfaction, victim satisfaction vis-a-vis police
investigation and response. accountability, optimum
utilization of resources and observance of human
rights standards.


**42.** (1) The administration of the Police Force throughout the State
shall be vested in the Director General of Police of the
State and in such Additional Directors General, Inspectors
General, Deputy Inspectors General and other officers as
appointed under this Act.

(2) The administration of Police in a district shall vest in the
District Superintendent of Police:

_Provided that the State Government may intervene in the_
_exercise of the powers of administration by the Director_

18


**41.**


The expenses on account of remuneration, allowances and travel
in connection with official business of the State Security
Commission, in respect of the Independent Members of the
Commission shall be borne by the State Government "in
accordance with prescribed rules and procedures".


-----

**Powers and**
**Responsibilities**
**of the Director**
**General of**
**Police**

**Police**
**Establishment**
**Board**

**Functions of the**
**Police**
**Establishment**
**Board**


_General of Police of the State or any other authorized_
_officer, in accordance with the prescribed rules, regulation_
_or in exceptional circumstances involving urgent public_
_interest, reasons for which shall be recorded in writing._

**43.** As head of the State Police Force, it shall be the responsibility of
the Director General of Police of the State to,
(a) make operational the Government policies and any

action plans approved by the State Government; and

(b) administer, control and supervise the Police Force to

ensure its efficiency, effectiveness, responsiveness
and accountability.

**44.** The State Government shall constitute a Police Establishment

Board (hereinafter referred to as the 'Establishment Board') with
the Director General of Police of the State as its Chairperson and
two other senior officers not below the rank of Inspector General
of Police within the police organization of the State as members.

**45.** The Police Establishment Board shall perform the following

functions:

(a) accept and examine complaints from police officers

about being subjected to illegal orders. The
Establishment Board shall make appropriate

recommendation to the Director General of Police of
the State for necessary action:
_Provided that if the matter under report involves any_
_authority of or above the ranks of the members of the_
_Police Establishment Board, it shall forward such_
_report to the State Security Commission for further_
_action._

(b) recommend annually a panel of names of suitable

officers to the State Government for posting in the
rank of Assistant/Deputy Superintendent of Police .

(c) recommend to the Director General of Police of the

State the names of officers upto the rank of SubInspector for posting to a Police District on initial
appointment or for transfer from one Police District to
another, where such transfer is considered expedient
for the Police Force.

(d) recommend posting and transfer of officers in the

rank of Inspector to the Director General of Police of
the State:
_Provided that on the specific authorization of the_
_Director General of Police of the State, the Range_
_Deputy Inspector General of Police may effect inter_

19


-----

**Transfer and**
**posting of non-**
**gazette ranks**
**within a police**
**range or Police**
**district**

**Role and**
**Functions of the**
**Police**


_district transfer of officers upto the rank of Sub-_
_Inspector within the range on recommendation of_
_concerned District Superintendent of Police._
_Provided further that in the public interest the_
_Director General of Police of the State may transfer_
_any officer up to the rank Inspector as deemed_
_appropriate to meet any contingency._

**46.** Postings and transfers of non-gazetted police officers within a
Police District shall be decided by the District Superintendent of
Police.

## Chapter -IV

 Role, Function, Duties and Responsibilities of the
 Police.

**47.** The role and functions of the police shall broadly be,
(a) to uphold and enforce the law impartially, and to

protect life, liberty, property, human rights, and
dignity of the members of the public;

(b) to promote and preserve public order;

(c) to protect internal security, to prevent and control

terrorist activities, breach of communal harmony,
militant activities and other situations affecting
Internal Security.

(d) to protect public properties including roads, railways,

bridges, vital installations and establishments etc.
against acts of vandalism, violence or any kind of
attack;

(e) to prevent crimes, and reduce the opportunities for the

commission of crimes through their own preventive
action and measures as well as by aiding and
cooperating with other relevant agencies in

implementing due measures for prevention of crimes;

(f) to accurately register all complaints brought to them

by a complainant or his representative, in person or
received by post, e-mail or other means, and take
prompt follow-up action thereon, after duly

acknowledging the receipt of the complaint;

20


-----

**Social**
**Responsibilities**
**of the Police**


(g) to register and investigate all cognizable offences

coming to their notice through such complaints or
otherwise, duly supplying a copy of the First
Information Report to the complainant, and where
appropriate, to apprehend the offenders, and extend
requisite assistance in the prosecution of offenders;

(h) to create and maintain a feeling of security in the

community, and as far as possible prevent conflicts
and promote amity;

(i) to provide,as first responders, all possible help to
people in situations arising out of natural or manmade disasters, and to provide active assistance to
other agencies in relief and rehabilitation measures;

(j) to aid individuals who are in danger of physical harm
to their person or property, and to provide necessary
help and afford relief to people in distress situations;

(k) to facilitate orderly movement of people and vehicles,

and to control and regulate traffic on roads and
highways;

(l) to collect intelligence relating to matters affecting
public peace, and all kind of crimes including social
offences, communalism, extremism, terrorism and
other matters relating to national security, and
disseminate the same to all concerned agencies,
besides acting, as appropriate on it themselves

(m) to take charge, as a police officer on duty, of all

unclaimed property and take action for their safe
custody and disposal in accordance with the
procedure prescribed.

**48.** Every Police officer shall,
(a) behave with the member of the public with due

courtesy and decorum, particularly so in dealing with
senior citizens, women, and children ;

(b) guide and assist members of the public, particularly

senior citizens, women, children, the poor and
indigent and the physically or mentally challenged
individuals, who are found in helpless condition on
the streets or other public places or otherwise need
help and protection;

21


-----

**Duties in**
**emergency**
**situation**


**49.**


(c) provide all requisite assistance to victims of crime

and of road accidents, and in particular ensure that
they are given prompt medical aid;

(d) ensure that in all situations, especially during conflict

between communities, classes, castes and political
groups, the conduct of the police is always governed
by the principles of impartiality and human rights
norms, with special attention to protection of weaker
sections including minorities;

(e) prevent harassment of women and children in public

places and public transport, including stalking,
making objectionable gestures, signs, remarks or
harassment caused in any way;

(f) render all requisite assistance to the members of the

public, particularly women, children, and the poor
and indigent persons. against criminal exploitation by
any person or organized group; and

(g) arrange for legally permissible sustenance and shelter

to every person in custody and making known to all
such persons provisions of legal aid schemes
available from the Government and also inform the
authorities concerned in this regard.

(1) The State Government may, by notification in the Official
Gazette, declare a specified service to be an essential
service to the community, for a specified period, which
may be further extended from time to time, by a
notification, as may be necessary.

(2) Upon a declaration being made under sub-section (1) and
so long it remains in force, it shall be the duty of every
police officer to obey any order given by any officer
superior to him in connection with the service specified in
the declaration.

(3) assist the physically handicapped, senior citizens, women
and children in public places and public transport and
citizens during national calamities and natural disasters;

## Chapter V

 Policing in the Context of Public Order and
 Internal Security Challenges


**Drawing up of** **50.** The Director General of Police of the State shall, with the

22


-----

**internal**
**SecurityScheme.**

**Review and**
**Revise of the**
**Scheme.**

**Matters to be**
**covered under**
**the Scheme**

**Measures to be**
**taken in certain**
**situations**

**Regular**
**Updation of the**
**Scheme**

**Investigation by**
**special crime**
**investigation**
**unit**


**51.**

**52.**

**53.**


approval of the State Government, draw up an Internal Security
Scheme for the entire State as well as for each of the districts and
urban areas notified, to deal with problems of Public Order and
Security of State, as specific to the area.

The Internal Security Schemes so formulated shall be reviewed,
and revised as necessary, at least once annually and more
frequently if required.

The Internal Security Scheme shall, inter alia, cover the role of
the police with regard to the security of any establishment or
installation relating to critical infrastructure, if any located in the
area.

(1) Any organization, while taking up any activity or
programme which is otherwise unobjectionable but may
have the potential for disturbing law and order may inform
the police, and thereupon, the police shall take such
measures as deemed necessary to deal with the situation.

(2) While preparing the Internal Security Scheme under
section 50, the police shall take into consideration the
contingencies of specific law and order problems, and
security requirements that may arise in such situations.


**54.** The Internal Security Schemes shall incorporate regularly
updated and comprehensive Standard Operating Procedures for
the action to be taken by the police, independently or in
coordination with other concerned agencies in the period
preceding, during, and in the aftermath of problems of each kind.

## Chapter VI

 Effective Crime Investigation, Including Use of Science
 And Technology in Investigation


**55.**


The State Government shall ensure that in all Metropolitan
Police Stations having a population of l0 (ten) lakhs or more, a
Special Crime Investigation Unit, headed by an officer not below
the rank of Inspector of Police, is created with an appropriate
strength of officers and staff, for investigating organized,
economic, and heinous crimes. The personnel posted to this unit

23


-----

**Selection of**
**Officers for**
**Special Crime**
**Investigation**
**Unit**

**Officers of the**
**Unit**


56.

**57.**


**Forensic advise** **58.**


**Supervision of**
**investigation by**
**Special Crime**
**Investigation**
**Unit**

**One or More**
**Special**
**Investigation**
**Cell in each**
**District**

**Criminal**
**Investigation**
**Department**


**59.**


shall not be diverted to any other duty, except under very special
circumstances with the written permission of the Director
General of Police. The State Government may, however,
gradually extend this scheme to other urban Police Stations.

The officers posted in the Special Crime Investigation Unit shall
be selected 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.

The officer posted to the Special Crime Investigation Units shall
investigate crimes entrusted to the Unit by the District
Superintendent of Police.

Necessary legal and forensic advice shall be made available to
investigating officers during investigations.

The investigations of cases taken up by the Special Crime
Investigation Unit personnel, over and above the supervision of
the Officer in Charge concerned, shall be supervised at the
district level by an officer not below the rank of Additional
Superintendent of Police who shall report directly to the District
Superintendent of Police:

_Provided that in smaller districts where the volume of work does_
_not justify posting of an Additional Superintendent of Police, an_
_officer of the rank of Deputy Superintendent of Police shall be_
_posted for this purpose._


**60.** At the headquarters of each Police District, one or more Special
Investigation Cells shall be created, with the requisite strength of
officers and staff, to take up investigation of offences of a more
serious nature and other complex crimes, including economic
crimes.


**61.**


The Criminal Investigation Department of the State, shall take
up investigation of such crimes of inter-state, inter-district or of
otherwise serious nature, as notified by the State Government
from time to time, and as may be specifically entrusted to it by
the Director General of Police of the State in accordance with the
prescribed procedures and norms.

24


-----

**Specialized**
**Units**

**Selection of**
**Officers.**

**Framing of rules**
**for**
**administration**
**of Police**


**62.**

**63.**

**64.**


The Criminal Investigation Department shall have specialized
units for investigation of cyber crime, organized crime, homicide
cases, economic offences, and any other category of offences, as
notified by the State Government and which require specialized
investigative skills.

The officers posted to the Criminal Investigation Department
shall be selected on the basis of their aptitude, professional
competence, experience and integrity. They will undergo
appropriate training upon induction, and their knowledge and
skills will be upgraded from time to time through appropriate
refresher and specialized courses.

## Chapter VII

 Regulation, Control and Discipline

Subject to the approval of the State Government, the Director
General of Police of the State shall make, regulations or issue
orders, not inconsistent with this Act or with any other
enactment for the time being in force for, 

(a) prevention and investigation of crime;


(b) maintenance of law and order;


(c) regulation and inspection of the police organization,

and of the work performed by police officers;

(d) determining the description and quantity of arms,

accoutrements, clothing and other wherewithal to be
provided to the Police Service;

(e) prescribing the places of residence of members of the

Police Services;


(f) institution, management and regulation of any non
Government fund for purposes connected with the
police administration or welfare of police personnel;

(g) regulation, deployment, movements and location of

the police;

(h) assigning duties of officers of all ranks and grades,

and prescribing the manner and the conditions subject
to which, they shall exercise and perform their
respective powers and duties;

(i) regulating the collection and communication of

25


-----

intelligence and information by the police;


**Rules for Police**
**personnel**

**Police Officers**
**always on duty**

**No abdication or**
**withdrawal**
**without**
**Authority**

**Police officer**
**barred from**
**other**
**employment**

**Accountability**
**of Police**

**Police**
**Accountability**
**Commission**


(j) prescribing the records, registers and forms to be
maintained and the returns to be submitted by
different police units and officers; and

(k) generally, for the purpose of rendering the police

more efficient, and preventing abuse of power and
neglect of duties by them.

**65.** Police personnel in the State shall be governed by the existing
relevant Discipline and Appeal Rules and other Service Conduct
Rules in force, as applicable to the Indian Police Service, State
Police Service and others serving in the State Police
establishment.


**69.** In addition to the already existing mechanisms, and functions,
duties and responsibilities of the departmental authorities,
accountability of the police shall be further ensured through the
additional mechanisms detailed in this Chapter.

**70.** The State Government shall, within three months of the coming
into effect of this Act, establish a State-level Police
Accountability Commission ("the Commission"), consisting of a

26


**66.**


Every officer not on leave or under suspension shal, for all
purposes of this Act, be considered to be always on duty and
may at any time be deployed in any part of the State.


**67.** No police officer shall abdicate his duties or withdraw himself or
from his place of posting or deployment, without proper
authorization.

**Explanation: An officer who, being absent on authorized leave,**
fails without reasonable cause to report for duty at the expiration
of such leave, shall be deemed within the meaning of this
Section to withdraw himself from the duties of his office.


**68.**


No police officer shall engage in any other employment or office
of profit whatsoever, other than his duties under this Act.

## Chapter VIII

 POLICE ACCOUNTABILITY


-----

**Composition of**
**the Commission**

**Appointment of**
**Chairperson**
**and Members**

**lneligibility for**
**membership**


**71.**


Chairperson, Members and such other staff as may be necessary,
to enquire into public complaints supported by sworn statement
against the police personnel for serious misconduct and perform
such other functions as stipulated in this Chapter.

The Commission shall have a Chairperson end three members
with a credible record of integrity and commitment to human
rights and shall consist of,

(a) a retired High Court Judge, who shall be the

Chairperson of the Commission;


(b) a retired police officer superannuated in the rank of

Director General of Police or Additional Director
General of Police;

(c) a person with a minimum of 10 years of experience

either as a judicial officer. public prosecutor,
practicing advocate, or a professor of law; or a person
of repute and standing from the civil society; and

(d) a retired officer with experience in public

administration, not below the rank of Commissioner
and Secretary to the State Government:

_Provided that at least one member of the Commission_
_shall be a woman and not more than one member_
_shall be a retired police officer._

**72.** The Chairperson and the Members of the Commission shall be
appointed by the State Government.

**73.** A person shall be ineligible to be a Member of the Commission.
if he,

(a) is not a citizen of India;


(b) is serving in any police, military or allied

organizations, or has so served in the twelve months
preceding such appointment;


(c) is employed as a public servant;


(d) holds any elected office, including that of Member of

Parliament or State Legislature or any local body;

27


-----

(e) is a member of or is associated in any manner with,

an organization declared as unlawful under an
existing law;


(f) is an office-bearer or a member of any political party;


**Term of office**
**and conditions**
**of service of**
**members and**
**Chairperson**

**Removal of**
**Members**


**74.**

75.


(g) has been convicted for any criminal offence involving

moral turpitude or for an offence punishable with
imprisonment of one year or more;

(h) is facing prosecution for any offence mentioned in

Clause (g) above and against whom charges have
been framed by a Court of Law; or

(i) is of unsound mind and has been so declared by a
competent Court.

(1) The term of office of a Member, and the Chairperson, shall
be three years unless,
(a) he resigns at any time before the expiry of his term, or

(b) he is removed from the office on any of the grounds

mentioned in section 75.

(2) Members shall be eligible for reappointment on the expiry
of term, provided that no Member shall be eligible to hold
office for more than two terms.

(3) The remuneration, allowances and other terms and
conditions of service of the Members shall be as notified
by the State Government from time to time and shall not be
varied to their disadvantage after appointment

(1) Any Member of the Commission may be removed from
office, on the recommendation of the Commission, by an
order of the State Government on the grounds of,

(a) proven misconduct or misbehaviour or incompetence;

(b) persistent neglect to perform duties of the

Commission;

(c) occurrence of any situation that would make a

Member ineligible for appointment to the

Commission under section 73;


(d) any Member engaging himself during his term of

office in any paid employment outside the duties of

28


-----

his office; or


**The staff of the**
**Commission**

**Conduct of**
**business**

**Functions of the**
**Commission**


(e) incapacitation by reasons of physical or menta1

infirmity or otherwise becoming unable to discharge
his functions as a Member.

**76.** (1) Members of the Commission shall be assisted by adequate
staff with requisite skill, for efficient discharge of their
functions of the Commission;

(2) The strength of the staff may be prescribed by the State
Government, keeping in view the size of the State, its
population, and the average number of complaints against
the police, and shall be periodically reviewed and revised.

(3) The staff shall be selected by the Commission, inter alia,
on a contractual basis, through a transparent process; and

(4) The remuneration and other terms and conditions of
service of the staff shall be prescribed by the State
Government from time to time.

77. The Commission shall devise its own rules for the conduct of its
business.


**78.**


(1) The Commission shall enquire into allegations of "serious
misconduct" against police personnel, as detailed below,
either suo moto or on a complaint received from any of the
following:

(a) a victim or any person on his behalf;


(b) the National or the State Human Rights Commission;


(c) the police; or


(d) any other source


**Explanation: "Serious misconduct" for the purpose of this**
Chapter shall mean any act or omission of a police officer that
leads to or amounts to:


(a) death in police custody;


(b) grievous hurt, as defined in section 320 of the Indian

Penal Code, 1860;


(c) molestation, rape or attempt to committing rape; or


(d) arrest or detention without due process of law;


29


-----

(e) forceful deprivation of a person of his rightful

ownership or possession of property;


(f) blackmail or extortion;


(g) Non registration of First Information Report:


**Powers of the**
**Commission**


**79.**


_Provided that the Commission shall enquire into a_
complaint of such arrest or detention, only if it is satisfied
prima facie about the veracity of the complaint.

(2) The Commission may also enquire into any other case
referred to it by the Government or Director General of
Police of the State if, in the opinion of the Commission, the
nature of the case merits an independent enquiry.

(3) The Commission may monitor the status of departmental
inquiries or departmental action on the complaints of
"misconduct" against Gazetted Officer of and above the
rank of Deputy/ Assistant Superintendent of Police through
a quarterly report obtained periodically from the Director
General of Police of the State, and issue appropriate advice
to the police department for expeditious completion of
inquiry, if in the Commission's opinion the departmental
inquiry or departmental action is getting unduly delayed in
any such case;

**Explanation: "Misconduct" in this context shall mean**
any will-full breach or neglect by a police officer of any
law, rule, regulation applicable to the police that adversely
affects the rights of any member of the public, excluding
"serious misconduct" as defined in sub-section (1).

(4) The Commission may also call for a report from, and issue
appropriate advice for further action or, if necessary, a
direction for a fresh inquiry by another officer, to the
Director General of Police of the State when a
complainant, being dissatisfied by the outcome of, or
inordinate delay in the process of departmental inquiry into
his complaint of "misconduct" as defined above, by any
police officer, brings such matter to the notice of the
Commission; and

(5) The Commission may lay down general guidelines for the
state police to prevent misconduct on the part of police
personnel.

In the cases directly enquired by it, the Commission shall have
all the powers of a Civil Court trying a suit under the Code of

30


-----

Civil Procedure, 1908, and in particular in respect of the
following matters:
(a) summoning and enforcing the attendance of witnesses

and examining them on oath;


(b) discovery and production of any document;


(c) receiving evidence on affidavit;


(d) requisitioning any public record or copy thereof from

any office;

(e) issuing authorities for the examination of witnesses or

documents; and


(f) any other matter as may be prescribed.


**Statements**
**made to the**
**Commission**

**Persons likely to**
**be prejudicially**
**affected to be**
**heard**

**Decisions and**
**Directions of the**
**Commission**


**80.**


No statement made by a person in the course of giving evidence
before the Commission shall subject that person to a civil or
criminal proceeding or be used against him in such proceeding,
except a prosecution for giving false evidence:


_Provided that the statement,-_


(a) is made in reply to the question which he is required

by the Commission to answer; or


(b) is relevant to the subject matter of the inquiry:


_Provided further that on conclusion of the inquiry into a_
_complaint of 'serious misconduct· against the police personnel, if_
_the Commission is satisfied that the complaint was vexatious,_
_frivolous or malafide, the Commission may impose such fine as_
_considered appropriate on the complainant._

**81.** If, at any stage of the inquiry, the Commission considers it
necessary to inquire into the conduct of any person, or is of the
opinion that the reputation of any person is likely to be
prejudicially affected by the inquiry. it shall give that person a
reasonable opportunity of being heard in the inquiry and to
produce evidence in his support:

_Provided that nothing in this section shall apply where the_
_credibility of a witness is being impeached._


**82.**


In the cases directly inquired by the Commission, it may, upon
completion of the inquiry, communicate its findings to the
Director General of Police of the State and the State Government

31


-----

with a direction to:


(a) register a First Information Report; and/or


**Reports of the**
**Commission**


(b) initiate departmental action based on such findings,

duly forwarding the evidence collected by it to the
Police. Such directions of the Commission shall be
binding:

_Provided that the Commission, before finalizing its_
_own opinion in all such cases shall give the Director_
_General of Police of the State an opportunity to_
_present the Department's view and additional facts, if_
_any, not already in the notice of the Commission:_

_Provided further that, in such cases, the Commission_
_may review its findings upon receipt of additional_
_information from the Director General of Police of_
_the State that may have a material bearing on the_
_case._

**83.** (1) The Commission shall prepare an annual report at the end
of each calendar year, inter alia, containing,
(a) the number and type of cases of "serious misconduct"

inquired into by it;

(b) the number and type of cases of "misconduct"

referred to it by the complainants upon being
dissatisfied by the departmental inquiry into his
complaint;

(c) the number and type of cases including those referred

to in (b) above in which advice or direction was
issued by it to the police for further action;

(d) the number of complaints received by the District

Accountability Authorities, and the manner in which
they were dealt with;

(e) the identifiable patterns of misconduct on the part of

police personnel in the State; and

(f) recommendations on measures to enhance police

accountability.


(2) The annual report of the Commission shall be laid before
the State Legislature and shall be a public document, made
easily accessible to the public.

(3) The Commission may also prepare special reports with

32


-----

**District**
**Accountability**
**Authority**

**Functions of**
**District**
**Accountability**
**Authority**


respect to specify cases directly inquired into by it. These
reports shall also be made easily accessible to the public.

**84.** (1) The State Government may establish in each Police
Districts or a group of districts in a police range, a District
Police Accountability Authority to enquire into cases of
complaints of serious misconduct against police

personnels, as defined in subsection (l) of section 78.


**85.**


(2) The District Accountability Authority shall have one
Chairperson and three Members with a credible record of
integrity and commitment to human rights and shall be
selected from amongst retired persons with judicial
experience in the rank of District Judge or person having
legal background having experience and qualification to be
appointed as District Judge, a retired senior police officer,
a retired senior civil servant and an eminent person from
civil society.

(3) The chairperson and other members of the District
Accountability Authority will be appointed by the
Government.

(4) Condition of ineligibility, terms of office, terms and
conditions of service, and condition of removal from office
for the Chairperson and members of the District
Accountability Authority will be same as provided in
respect of Police Accountability Commission under
chapter VIII.

(1) The District Accountability Authority may perform the
following functions as may be notified by the Government:

(a) forward the complaints of "serious misconduct",

received directly by it, to the Commission for further
action;

(b) forward for further action, the complaints of

"misconduct" received directly by it, to the District
Superintendent of Police:

_Provided that if the complaint contains allegations_
against any police officer of or above the rank of
Assistant/Deputy Superintendent of Police, the
District Accountability Authority shall forward the
same to the Director General of Police of the State
under intimation to the Commission, for further
action.

33


-----

**Report of the**
**District**
**Accountability**
**Authority**

**Relationship**
**between the**
**Commission and**
**the District**
**Accountability**
**Authority**


(c) issue appropriate advice to the District Superintendent

of Police for expeditious completion of inquiry, if in
the Authority's opinion, the inquiry is getting unduly
delayed in any such case;

(d) report cases to the Commission where departmental

enquiry into "misconduct" is not concluded in time by
the police department in spite of the Authority's
advice(s) to the District Superintendent of Police.

(2) The Authority may also, in respect of a complaint of
"misconduct" against an officer below the rank of
Assistant /Deputy Superintendent of Police, call for a
report from, and issue appropriate advice for further action
or, if necessary, a direction for fresh inquiry by another
officer, to the District Superintendent of Police when a
complainant, being dissatisfied by an inordinate delay in
the process of departmental inquiry into his complaint of
"misconduct" or outcome of the inquiry if the principles of
natural justice have been violated in the conduct of the
disciplinary inquiry, brings such matter to its notice.

**86.** (1) Each District Accountability Authority shall prepare and
submit to the Commission an annual report before the end
of each calendar year, inter alia, containing,
(a) the numbers and types of cases of "serious

misconduct" and "misconduct" forwarded by it to the
Commission and the District Superintendents of
Police respectively, during the year;

(b) the number and types of cases monitored by it during

the year;

(c) number and types of cases of "misconduct'' referred to

it by the complainants upon being dissatisfied by the
departmental inquiry into his complaint;

(d) the number and types of cases referred to in (c) above

in which advice or direction was issued by it to the
police for further action; and

(e) recommendation on measures to enhance police

accountability.


87.


(1) The Commission shall control and supervise, and issue
suitable directions to the District Accountability

Authorities for their proper functioning.

(2) The District Accountability Authorities will assist the
Commission in everyway for the proper discharge of the

34


-----

Commission's functions.


**Rights of the**
**complainant**

**Protection of**
**action taken in**


(3) Where the Commission considers that any of the
conditions laid down in Section 75 read with Section 84( 4
}of this Chapter for the removal of a member has been
fulfilled, it shal1 be competent to request the State
Government to initiate appropriate proceedings against that
member of the District Authority.

**88.** (1) The complainant may lodge his complaint relating to any
"misconduct" on the part of police personnel with either
the departmental police authorities or with the Commission
or the District Accountability Authority:

_Provided that no complaint shall be entertained by the_
_Commission or the District Authority if the subject matter_
_of the complaint is being examined by any other_
_Commission, or any Court._

(2) In cases where a complainant, had lodged a complaint with
the police authorities, he may inform the Commission or
the District Accountability Authority at any stage of the
departmental inquiry about any undue delay in the
processing of the inquiry.

(3) The complainant shall have a right to be informed of the
progress of the inquiry from time to time by the inquiring
authority (the concerned police authority Commission or
the District Accountability Authority. Upon completion of
inquiry or departmental proceedings, the complainant shall
be informed of the conclusions of the same as well as the
final action in the case at the earliest.

(4) The complainant may attend all hearings in an inquiry
concerning his case. The complainant shall be informed of
the date and place of each hearing.

(5) All hearings shall be conducted in a language intelligible to
the complainant. In a case where hearings cannot be
conducted in such a language, the services of an interpreter
shall be requisitioned if the complainant so desires.

(6) Where upon the completion of the departmental inquiry,
the complainant is dissatisfied with the outcome of the
inquiry on the, grounds that the said inquiry violated the
principles of natural justice, he may approach the
Commission or the Authority for appropriate directions.


89.


No suit or other legal proceedings shall lie against the State
Government, the State Police Security Commission, its members

35


-----

**good faith** and staff, the Police Accountability Commission, its members, ·
staff or any person acting under the direction of the State
Government or Board or the Commission, or members or staff of
the District Accountability Authorities, in respect of anything
which is in good faith done or intended to be done in pursuance
of the provisions of this Chapter.

## Chapter IX

# General Offences, Penalties, and
 Responsibilities

## Order in streets and public places


(1) The District Superintendent of Police or an officer not
below the rank of Assistant/Deputy Superintendent of
Police may, where necessary, direct the conduct of all
assemblies and processions on any public road, street or
thoroughfare, and prescribe the routes by which and the
time at which such a procession may pass.

(2) It shall be duty of any person intending to organize a
procession on any road, street or thoroughfare, or to
convene an assembly at any public place, to give
intimation in writing to the Officer in Charge of the
concerned Police Station.

(3) The District Superintendent or any officer not below the
rank of Assistant/Deputy Superintendent of Police, on
receipt of such 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 prescribe necessary conditions
including making provisions for satisfactory regulatory
arrangements, on which alone such assembly or procession
may take place. Under special circumstances to be
recorded in writing, the concerned officer may also
prohibit the assembly or procession in public interest.

(1) The District Superintendent of Police or any Police Officer
not below the rank of Sub-Inspector, authorized in this
behalf by the District Superintendent of Police, may stop
any assembly or procession which violates the conditions
set under sub-sections (1), (2) and (3) of Section 90 and
order such assembly or procession to disperse.

(2) Any assembly or procession which neglects or refuses to
obey any order given under sub-section (1) above shall be
deemed to be an "unlawful assembly" under Chapter VIII
or the Indian Penal Code 1860


**Regulation of**
**public**
**assemblies and**
**processions**

**Assemblies and**
**processions**
**violating**
**prescribed**
**conditions**


90.

**91.**


**Regulation of** The District Superintendent or any officer not below the rank of
**92.**

36


-----

**the use of music**
**and other sound**
**systems in**
**public places**

**Directions to**
**keep order on**
**public roads**

**Penalty for**
**disobeying**
**orders or**
**directions**

**Power to reserve**
**public places**
**and erect**
**barriers**

**Saving and**
**control of the**
**Magistrate of**
**the District**

**Refusal to**
**deliver up**


Assistant/Deputy Superintendent of Police may regulate the time
and the volume at which music and other sound systems are used
in connection with any performances and other activities in or
near streets or any public place that cause annoyance to the
residents of the neighborhood.

**93.** (1) The District Superintendent of Police or any other Police
Officer authorized by him 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 prevent
obstruction, injury, or annoyance to passers by or
pollution.

(2) The District Superintendent of Police may issue general
directions under sub-section (1), in respect of the whole
district or any part thereof, as per procedure laid down in
Section l04.

**94.** Any person not obeying the lawful orders issued under section

90,91 and 93 may be arrested and on conviction by a Court Law,
shall be liable to a fine which may be extended upto rupees two
thousand.

**95.** (1) The District Superintendent of Police may, by public
notice, temporarily reserve for any public purpose any
street or other place, and prohibit the public from entering
the area so reserved, except on such conditions are may be
specified.

(2)  (a) The District Superintendent of Police may authorize any

police officer to erect barriers and other necessary
structures on public roads and streets, to check vehicles
or occupants there of for violation of any legal
provisions by them.

(b) In making such order, the District Superintendent of Police

shall prescribe the necessary steps for ensuring the
safety of passers-by.

(c) These temporary structures shall be remove once the

purpose for which they were installed is over.


**97.** Whoever, having ceased to be a police officer, does not forthwith
deliver up his/her certificate of appointment, clothing.

37


**96.**


Nothing in the preceding sections namely section 90,91,92,93
and 95 shall deem to interfere with the general control of the
Magistrate of the District over the matters referred to therein.


-----

**certificate etc.**
**on ceasing to be**
**police officer**

**Dereliction of**
**duty by a police**
**officer**

**Arrest, search,**
**seizure and**
**violence**


(1) without lawful authority or reasonable cause enters or

searches, or causes to be entered or searched, any
building, vessel, tent or place; or

(2) unlawfully and without reasonable cause seizes the

property of any person; or

(3) unlawfully and without reasonable cause detains,

searches, or arrests a person; or


**98.**

**99.**


accoutrements and other wherewithal supplied to him for the
execution of his duty, shall on conviction by a competent Court
of Law, be liable to a fine which may extend to two thousand
rupees

Whoever, being police officer ;

(a) willfully breaches or neglees to follow any legal

provision, procedure, rules, regulations applicable to
members of the Police Service ; or

(b) without lawful reason, fails to register a First

Information Report as required by Section 154 or the
Code of Criminal Procedure. 1973; or


(c) is found in a State of intoxication while on duty; or


(d) malingers or feigns illness or injury or voluntarily

causes hurt to himself with a view to evading duty; or

(e) uses criminal force against another police officer, or

indulges in gross insubordination; shall, on

conviction, be punished with imprisonment for a term
which may extend to three months or with a fine
which may extend upto two thousand rupees or with
both


Whoever, being a police officer,

(4) unlawfully and without reasonable cause delays the

forwarding of any person arrested to a Magistrate or
to any other authority to whom he is legally bound to
forward such person; or

(5) subjects any person in her/his custody or with whom

he may come into contact in the course of duty, to
torture or to any kind of inhuman or unlawful
personal violence or gross misbehavior; or

(6) holds out any threat or promise not warranted by law;

38


-----

**Offences by the**
**public**


**100.**


shall, on conviction, be punished with imprisonment
for a term which may extend to six months or shall be
liable to fine not exceeding two thousand rupees or
with both.

(1) Any person who commits any of the following offences on
any road, or street or thoroughfare, or any open place
within the limits of any area to which this section has been
specially extended by notification by the State Government
or a Local Government, to the inconvenience, annoyance
or danger of the residents or passers by shall, on conviction
by a Court, be liable to a fine which may extend upto two
thousand rupees:
(a) allowing any cattle to stray, or keeping any cattle or

conveyance of any kind standing longer than is
required for loading or unloading or for taking up or
setting down passengers, or leaving any conveyance
in such a manner as to cause inconvenience or
danger to the public;


(b) being found intoxicated and riotous;


(c) neglecting to fence in or duly protect any well, tank,

hole or other dangerous place or structure under his
charge or possession; or otherwise creating a
hazardous situation in a public place;

(d) defacing, or affixing notices, or writing graffiti on

walls, buildings or other structures without the prior
permission of the custodian of the property;

(e) willfully entering or remaining without sufficient

cause in or upon any building belonging to the
Government or land or ground attached thereto, or
on any vehicle belonging to Government;

(f) knowingly spreading rumours or causing a false

alarm to mislead the police, fire brigade or any
other essential service or;

(g) willfully damaging or sabotaging any public alarm

system;

(h) knowingly and willfully causing damage to an

essential service, in order to cause general panic
among the public;

(i) acting in contravention of a notice publicly

displayed by the competent authority in any
Government building:

39


-----

**Procedure for**
**posting**
**directions and**
**public notices**

**Prosecution of**
**police officers**

**Prosecution for**
**offences under**


**101.**

**102.**


**103.** Subject to the provisions contained in section 300 of the Code of
Criminal Procedure, 1973, nothing in this Act shall be construed

40


_Provided that the police shall take cognizance of_
_this offence only upon a complaint made by an_
_authorized functionary of the concerned office._

(j) causing annoyance to a woman by making indecent

overtures or calls or by stalking:

_Provided that the police shall take cognizance of_
_this offence only upon a complaint made by the_
_victim._

(2) It shall be lawful for any police officer to take into custody,
without a warrant, whoever commits any of the offences
mentioned in sub-section (1).

(3) Whoever commits any offence under sub-section (1), on
subsequent conviction shall be liable to enhanced
punishment.

(1) All general directions, regulations, and public notices
issued under this Chapter shall be published by posting
notices in the office of the District Magistrate, Revenue
Circle, Municipality, . Police Station and Panchayat Office
of the local area as well as in the locality affected, by
affixing copies in conspicuous places near the building or
place to which the notice specially relates, or by
announcing it by the beating of drum or by advertising in
local newspapers and other media, or by any other means
as the Superintendent of Police may deem fit:

_Provided that the Superintendent of Police may, on being_
_satisfied that it is in public interest to bring any regulation_
_into force with immediate effect, make such direction or_
_regulation without previous publication._

(2) If any direction or regulation made under this Section
relates to any matter with respect to which there is a
provision in any law, rule or bylaw of the Corporation or of
any other Municipal or Local Authority in relation to
public health, convenience or safety of the locality, such
regulation shall be subject to such law, rule bylaw.

No Court shall take cognizance of any offence under this Act
when the accused person is a police officer 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.


-----

**other laws**

**Summary**
**disposal of**
**certain cases**

**Recovery of**
**penalties and**
**fines imposed by**
**the Magistrate**

**Limitation of**
**actions**

**Powers of**
**District**
**Superintendent**
**of Police to be**
**exercised by the**
**Commissioner**
**of Police**

**Disposal of fees**
**and rewards.**


**104.**

**105.**

**106.**

**107.**

**108.**


as preventing any person from being prosecuted and punished
under any other law for anything made punishable by this Act.

(1) A Court taking cognizance of an offence punishable under
sections 94 and 103 (1) may state, upon the summons to be
served to the accused person, that he may, by a specified
date prior to the hearing of the charge, plead guilty to the
charge by registered letter, and remit to the Court such sum
as the Court may specify.

(2) Where an accused person pleads guilty and remits the sum
specified in the summons under sub-section (1), no further
proceedings in respect of the offence shall be taken against
that person.

Provisions of sections 64 to 70 of the Indian Penal code, 1860
and sections 386 to 389 of the Code of Criminal Procedure. 1973
shall apply to penalties and fines imposed under this Act on
conviction before a Magistrate:
_Provided that notwithstanding anything contained in_
_section 65 of the Indian Penal Code, 1860. any person sentenced_
_to fine under Sections 94 and 100 (1) of this Chapter may be_
_imprisoned in default of payment of such fine, for any period not_
_exceeding eight days._

No Court shall take cognizance of any offence under this
Chapter after the expiry of the period of limitation provided for
in Section 468 of the Code of Criminal Procedure, 1973. For
computing the limitation period, provisions of Chapter XXXVI
of the Code of Criminal Procedure shall apply.

**CHAPTER X**

**Miscellaneous**

All powers, functions and duties of the District Superintendent
of Police described in this Act shall be exercised, in respect of
areas notified under section 7 of Chapter II by the Commissioner
of Police or any other officer authorized in this behalf.

All fees paid for licenses or written permission issued under this
Act, and all sums paid for the service of processes by the police
officers and all rewards, forfeitures mid penalties or shares
thereof which are by law payable to police officers as informers

41


Central Act No.
45 of 1860 and
Act no 2 of 1974


-----

**Method of**
**proving orders**
**and notifications**

**Validity of rules**
**and orders**

**Officers holding**
**charge of or**
**succeeding to**
**vacancies**
**competent to**
**exercise powers**

**Licences and**
**written**
**permissions to**
**specify**
**conditions, and**
**to be signed**


**109.**


shall, save in so far as any such fees or sums belong under the
provisions of any enactment in force to any local authority, be
credited to the State Government.

Any order or notification published or issued by the State
Government or by a Magistrate or officer under any provision of
this Act, and the due publication or issue thereof may be proved
by the production of a copy thereof in the Official Gazette, or of
a copy thereof signed by such Magistrate, or officer, and by him
certified to be a true copy of an original published or issued
according to the provisions of this section of the Act applicable
thereto.


**110.** No rule, regulation, order, direction, or notification made or
published and no adjudication, inquiry or act done under any
provision of this Act, or under any rules made there under, which
is substantial conformity with the same, shall be deemed illegal,
void or invalid by reason of any defect of form.


**111.**

**112.**


Whenever in consequence of the office of a Commissioner,
Magistrate or police officer becoming vacant, any officer
holding charge of the post of such Commissioner, Magistrate, or
police officer or succeeds, either temporarily or permanently, to
his office, such officer shall be competent to exercise all the
powers and perform all the duties respectively conferred and
imposed by this Act on such Commissioner, Magistrate or police
officer, as the case may be.

(1) Any licence or written permission granted under the
provisions of this Act 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 the competent authority and such fee shall be
charged there on as may be prescribed by the rules under
this Act in that behalf.

(2) Any licence or written permission granted under this Act
may at any time be suspended or revoked by the competent
authority, if any of its conditions or restrictions is infringed
or evaded by the person to whom it has been granted, or if
such person is convicted of any offence in any matter to
which such licence or permission relates.

(3) When any such licence 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

42


-----

**Public notices**
**how to be given**

**Consent of a**
**competent**
**authority may**
**be proved by**
**writing under**
**his signature**

**Power to make**
**rules**


**113.**

**114.**

**115.**


granted shall for all purposes of this Act, be deemed to be
without a licence or written permission until the order for
suspending or revoking the same is cancelled, or until the
same is renewed, as the case may be.

(4) Every person to whom any such licence or written
permission has been granted, shall, while the same remains
in force, at all reasonable time, 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
licence 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 licence or
written permission has been granted.

Any public notice required to be given under any of the
provisions of this Act shall be in writing under the signature of a
competent authority and shall be published in the locality to be
affected thereby, by affixing copies thereof in conspicuous
public places, or by proclaiming the same with beat of drums, or
by advertising 'the same in such local newspapers - English or
regional language or Hindi - as the said authority may deem fit,
or by any or more of these means and by any other means it may
think suitable:

_Provided that the competent authority may, on being satisfied_
_that it is in public interest to bring any regulation into force with_
_immediate effect, make such direction or regulation without_
_previous publication._

Whenever under this Act, the doing or the omitting to do
anything or 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, approva1,
declaration, opinion or satisfaction shall be sufficient evidence
thereof.

(1) The State Government may make rules for carrying out the
purposes of this Act:

Provided that the Assam Police Manual for the time being
in force in the State of Assam shall be treated as rules
under this Act unless any provision thereof is found
inconsistent with this Act, till replaced, modified or

43


-----

**Power to**
**remove**
**difficulties**

**Repeal and**
**Saving**


**116.**

**117.**


amended as the case may be, by an another rules to be
made under the provisions of this Act.

(2) All rules made by the State Government under this Act
shall, as soon as may be after they are made, be laid before
the Assam Legislative Assembly, while it is in session, for
a total period of not less than fourteen days which may be
comprised in one session or in two or more successive
sessions, and shall, unless some later date is appointed,
take affect from the date of their publication in the Official
Gazette subject to such modifications or annulments as the
Assam Legislative Assembly may, during the said period
agree to make, so however, that any such modifications or
annulments shall be without prejudice to the validity of
anything previously done there under.

If any difficulty arises in giving effect to the provisions of this
Act the State Government may, by notification in the Official
Gazette, make such provisions as it deems necessary or
expedient for removing the difficulty.

(1) The Police Act 1861 (Act V of 1861), in its application to
the State of Assam, is hereby repealed.

(2) Notwithstanding such repeal, anything done or purported
to be done or any action taken or instituted under the Act
so repealed and the rules made there under shall, be
deemed to have been validly done or taken under the
corresponding provisions of this Act.

(3) All references in any enactments to any of the provisions
of the Act so repealed shall be construed reference to the
provisions of this Act.

.

44


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