The Assam Police Act, 2007
**Registered No. 768/97**

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### THE ASSAM GAZETTE

###### EXTRAORDINARY

**t o** **W** **T O** **t e**

###### PUBLISHED BY THE AUTHORITY
 *R 292 31 2007, 9 «-r, 1929 ( ^ )
 No. 292 Dispur, Friday, 31st August, 2007, 9th Bhadra, 1929 (S.E.)

 GOVERNMENT OF ASSAM
 ORDERS BY THE GOVERNOR

 LEGISLATIVE DEPARTMENT :: LEGISLATIVE BRANCH

**NOTIFICATION**

###### The 31st August, 2007

**No. LGL. 149/2007/92. —The following Act of the Assam Legislative Assembly which**

###### received the assent of the Governor is hereby published for general information.

 ASSAM ACT NO. XX OF 2007

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

**THE ASSAM POLICE ACT, 2007**

###### AN

 ACT

**to provide for im partial and efficient Police Service safeguarding the**
**interests o f the people m aking the Police Force professionally organized,**
**service oriented and accountable to the law.**

**Preamble** **W H E R E A S It is the constitutional obligation o f the State to provide**
**im partial and efficient police Service safeguarding the Interests o f the**
**people w ith due regard to rule o f law;**

**A N D W H E R E A S such functioning o f the police personnel needs to be**
**professionally organized, service oriented and accountable to law to make**
**it m ore efficient instrum ent for the prevention and detection o f crime ;**

**AN D W H E R E A S it is expedient to redefine the role o f the police taking**
**into account the em erging challenges of policing and security o f the State,**
**the im peratives o f good governance, and respect Tor hum an rights;**

**AND W H E R E A S it is essential to appropriately em pow er the police to**
**enable it to function as an efficient, effective, people-friendly and**
**responsive agency;**

**AND W H E R E A S, it is necessary for this purpose to enact a new law**
**relating to the establishm ent and m anagem ent o f the Police Service;**


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###### 1874 THE ASSA^f_GAZETTEL EXTRAORDINARY AUGUST 31. 2007........ -----.

##### Chapter I

 Preliminary: Definitions and Interpretations

Short **1.**

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

title, extent and
commencement (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.

Definitions **2.** (1) In this Act, unless the context otherwise requires,--

###### (a) “Act” means the Assam Police Act, 2007;

 (b) the words "Magistrate of 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 ol 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, mfiammabie 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;


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###### 1875.

 (k) “Police District” means the territorial area notified under section 9 of Chapter II of this Act;

 (1) “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
 access and includes,-

 (i) a public building and monument and precincts thereof; and

 (ii) any place accessible to the public for drawing w’ater, 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 of 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 Central Act No. 10
 shall have the same meaning as provided in the General Clauses Act, o f 1897;
 1897, Code of Criminal Procedure, 1973, and the Indian Penal Code, Central Act No 2 o f1974, 1860 and Assam General Clauses Act, 1915. Central Act No. 45

o f i860;
Assam Act 2 o f

1915


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###### Chapter II

 Constitution and organization of the Police Force

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

**Force for the State** 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.

**Constitution and** **4 .** Subject to the provisions of this Act ,—

**composition o f the**

**Police Force**

###### (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.

**Appointment o f** **5« ( 1 )** For the overall direction and supervision of the Police Force, the

**Director General,** State Government shall appoint a Director General of Police of the

**Additional Directors** State who shall exercise such powers, perform such functions and

**General, Inspectors** duties, and have such responsibilities and such authority, as may be

**General, Deputy** prescribed:
**and Assistant**
**Inspectors General**


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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.

The post of the Director General of Police of the State shall be the

(2)

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.

**SCstiu>r.** 6. (1) The State Government shall appoint the Director General of Police
***snd icnn't office** from amongst the five eligible senior-most officers of the State,

**of llie** cm pan, 1 led for the rank.
**Director**
**General**
**o f Police** (2) The empanelment for the rank of Director General of Police shall

be done by the State Security Commission considering, _inter alia._

                      - following critcria:-

(a) length of service and fitness <?f health, standaid:
prescribed by the State Govcmmcn«;

(b) assessment ot the pcrtormance appraisal reports of the
previous fifteen years of service by assigning weightages to
different grading, namely, 'Out-landing'. ‘Very Good’,
‘Good’ and ‘Satisfactory ',

(c) range of relevant experience, indiaiing experience of work
tn central police o;gan:zations, and training courses
undergone;

(d) indictment in any criminal or disciplinary proceedings or
on lhe counts of corruption or moral turpitude: or charges
having been framed by a court of law in such eases;

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

distinguished and meritorious service.

(3) The Director General of Police so appointed shall have a minimum
tenure of one year subject to his norma* date of supcrannuationr-

_Provided that the Director Genera! o f Police may be_

_transferred from the post before the expiry o f his tenure bv the_

_State Government consequent upon. -_

(a) conviction by a court ot law in criminal offence or where charges

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


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878 THE.,ASSAM GAZETTE, EXTRAORDINARY, AUGUST 31.. 2007

(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 [tost under either the State or the Central
Government, subject to the officer's consent to such a posting.

(f) inefficiency or negligence oi misdemeanour prima facie

established after preliminary enquiry':

_Provided that in public interest the Stale Government may transfer_

_the Director General of Police as may he deemed appropriate to meet_
_any contingency_

Administration _!_ the State Government may, by notification in the official gazette

o! Police «ti Meuonnbran establish for each urban areas with a population of 10 lakhs or more
Aivas. Major as may be notified for the purpose from time to lime, a police system
end other I irbut! Arras w hich is capable of handling the typical complex problems of crime ,
notified Areas pubhc order and internal security in 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
ihis behalf and published in the Official Gazette ;

ii ) I he 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 /or which a ( otnmissioner is_

_appointed and is empowered to exercise to any power or perform any_

_/unction or duly 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 ureaforms part of a District within the_

_territorial jurisdiction of the District Magistrate._

Creation 8.( i) The Stale Government, in consultation with the Director General
o f Police Zones of Police, may by notification divide the entire geographical area
and of the State into one or more Police Zones.Each Zone, comprising
Ranges two or more Police Ranges, shall be headed by an Officer of the

rank of Inspector General who shall supervise the police


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###### IH ^ jS S A J^ G A ^ T T E , EXTRAORDINARY, AUGUST 31, 2007 ' 1879

(2) I he State Government, in consultation with the Director General

o.f Police of the Stele, may by notification create as many Police
Ranges as deemed necessary. Lar-i: -.in:,.-.. i-n-ting 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.

**Police** **9 .** The State Government may in consultation with the Director

**Districts** 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 Superintendent of
Police who may be assisted by as many Additional, Assistant or

Deputy Superintendents, as deemed necessary and are notified.

**Dislict level** **10,** (1) For the purpose of dealing with a particular category of
**Special** crime or providing better service to the community at large
**Celis.Sub**
**Division s** including victims of crime , the State Government may, in
**and Circles** 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.

11.(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
Dislrictas deemed necessary, duly keeping in view the population,

the area, the crime situation, the workload 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 be 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 o f officers o f the rank o f Inspector o f 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


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Each Police Station shall prominently display all the relevant

information required to be made public, as may be required.

**Appointment and** 12.(1) The State Government shall appoint and transfer officers of the rank

**fuM tionwS** 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 o f 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

(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 o f Police o f_
_the District as may be deemed appropriate to meet any_
_contingency:_

_Provided further that in the public interest the_

_Director General o f Police o f the State may transfer_
_Officers in Charge o f Police Station o f the rank of_
_Inspector and District Superintendent o f Police may_
_transfer the Officer in Charge o f Police Station o f the rank_

_o f Sub-Inspector o f Police within the district as may be_
_deemed appropriate to meet any contingency._


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###### THE ASSAM GAZETTE, EXTRAORDINARY, AUGUST 31, 2007. 1881

**13.** A senior police officer may perform any duty assigned by law or

**Senior Police** by a lawful order to any officer subordinate to him, and may aid
**Officer**
**performing duties** supplement, supersede or prevent any action of the subordinate
**o f a subordinate** by his own action or that of any person lawfully acting under his

**officer**

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

**Relationship ofsuperintendent o f** jurisdiction of the Magistrate is vested in the
**Police with** Superintendent of Police under the general control and
**DistrictMagistrates** 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) Ilie 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.

**Coordination** **15.** (1) For the purpose of efficiency in the general administration

**with lhe District** of the district, it shall be lawful for the District Magistrate, in **Central**
**Administration** addition to the provisions of the Code of Criminal Procedure, **Act 2 o f1974**

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


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**Railway** 16. (1) The State Government may, by notification in the Official Gazette,
Police 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 them.

(3) Any police officer whom the Stale Government may by general or
special order empower to act under this sub-section, 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-in-Chargc 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.

State 17. (I) The State Police Organization shall have a State Intelligence
intelligence Department for collection, collation, analysis and dissemination of
Investigation and Criminal intelligence, and a Criminal Investigation Department for
Department 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
w'ings 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 die
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.


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Technical and **18,** (1) The State Government shall create and maintain such ancillary
Support technical agencies and services, under the overall control of the
Service Director General of Police, as considered necessary or expedient

for promoting efficiency of the Police Service.

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

Appointment o f **19.** (1) The State Government may establish a full-fledged Police
Directors o f State
Police Academics Training Academy at the State level and as many fully-equipped
and Principals o f Police Training Colleges and Schools as deemed necessary for
Police Training
Colleges and ensuring efficient post-induction training of all directly-
Schools. recruited police personnel in various ranks, pre-promotion training

for al! 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.

The State Government shall also provide for appointment, by rules,

of appropriate number of officers from the police service or para­
military 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 .

Organisation The State Government may set up such bodies and take up
o f Research such other steps as considered necessary or expedient for the

purpose of undertaking research into matters relating to the
efficiency of the Police Service.

Oath and **21.** Everv member of the Police Service enrolled under this Act shall,
Affirmation try or. appointment and completion of training, make and subscribe
Police Personnels 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.

Certificate o f **22.** **(1)** Every police officer of or below the rank of Inspector shall on
appointment appointment receive an insignia and a certificate in the form as

prescribed. The certificate shall be issued under the hand and
Director General of Police or such officer as may be authorized
by the Director General of Police

(2) Th-: certificate of aepointment shall become null and void, and the

insignia shall be deemed to be withdrawn whenever the person
named therein ceases to belong to the Police force or shall remain
inoperative during the period such person is suspended from the
service.

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


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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.

**OfficerSpecial Police** 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 not 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 lime 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 w.lling
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 die 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 Officer so appointed shall be 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.

**Police Officer** **24.** No police-officer shall be at liberty to withdraw himself from the duties of
**not to resign** his office unless expressly allowed to do so by the District Superintendent
**without leaveor two months** or by some other officer authorized to grant such permission, or without
**notice** 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.”

**to engage in otherPolice Officer not** **•,?** No police-officer shall engage in an employment or office whatever other

**employment** then his duties under this Act, unless expressly permitted to do so in

writing by the Director General of Police.

**Additional** **26.** It shall be lawful for the Director General of Police or any Additional
**Police officer** Director General of Police or Inspector General of Police or Deputy

**employed atcost of** Inspector General of Police, or for the District Superintendent of Police,
**individuals** 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 to keep the peace at any place within
the general police-district and for such time as shall be deemed proper.

**27.** The service shall have such ranks and post as may be prescribed or as may

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


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**District Armed** **28.** To assist the civil police promptly and efficiently in dealing with group
**Reserved and** protests and violent disturbances involving breaches of peace or law and
**State ArmedPolice** order, and in disaster management functions, as well as to discharge such
**Battalions** 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.

**Role and functions** **29.** The Armed Police Battalion will be a state-level reserve, to be deployed
**o f State Armed** under specific orders of the Director General of Police, to aid and assist
**Police Battalions** 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.

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

**Organisational** **31.** A Commandant, equivalent in rank to Superintendent of Police, shall head
**structure of the**
**Armed Police** each Armed Police Battalion. The Commandant shall be assisted by a
**Battalions set** Deputy Commandant, equivalent in rank to Additional Superintendent of

**«P** 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 Headquarters Company, each of which will **be headed** by an
Assistant Commandant, equivalent in rank to Deputy Superinteodent of
Police.

**Administration,** **32.** The Armed Police Branches setup of the State shall be headed by an officer
**Training etc. ofArmed Police** of or above the rank of Inspector General of Police, **who** shall be
**Branches** 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 Folice

**33.** The superintendence of State Police shall vest in and be exercised by the

**Superintendence**
**o f State Police to** State Government in accordance with the provisions of this Act, and any
**vest in the Stale** other law for the time being in force.
**Government**

**34.** The State Government shall, within six months of the coming into force

**CommissionState Security** of this Act, establish a State Security Commission to exercise the

functions assigned to it under the provi sions of this Chapter.

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

**Composition**
**o f the State**
**Security** (a) the Chief Minister as the Chairperson,
**Commission**


-----

(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 Genera! 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 .

(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 o f the_
_Commission:_

**Quorum** 36. Half of the members present shall constitute the quorum for the

meeting.

**Grounds of ineligibility** 37. No person shall be appointed as an Independent Member of the
**for Independent Members** 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) hoids 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.


-----

**T erm of ’ office o f the** **38.** The Retired High Court Judge and the Independent Members shall

**Judge and IndependentRetire J High Court** be appointed for a period of three years. The same persons shall
**Members** not be appointed for more than two consecutive terms.

**Removal of** **39.** (l)An Independent Member may be removed from the State

**Independent Members** 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

(d) incapacitation by reasons of physical or mental infirmity or
otherwise becoming unable io 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 o f the Stale**
**Security Cornwission** functions:

(a) frame broad policy guidelines lor 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.

**State SecurityExpenses n f lhe** 41. The expenses on account of remuneration, allowances and travel in
**Commission** connection with official business of the State Security

Commission, in respect of the Independent Members of the
Commission shall be bomc by the State Government “in
accordance with prescribed rules and procedures[-]'

**Administration o f** **42.** (l)The administration of the Police Force throughout the State
**Police Force** 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


-----

_Provided that the State Government may intervene in the_

_exercise o f the powers o f administration by the Director General of_

_Police o f the State or any other authorized officer, in accordance_

_with the prescribed_ _rules, regulations or in exceptional_

_circumstances involving urgent public interest, reasons for which_
_shall be recorded in writing._

**Powers and** **43.** As head of the State Police Force, it shall be the responsibility of
**Responsibilities** the Director General of Police of the State to,-
**o f the Director**
**General o f Police** (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.

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

**Functions o f the** **45.** The Police Establishment Board shall perform the following

**Police**
**Establishment** functions:
**Board**

(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 o f or above the ranks o f the members o f 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 Sub-Inspector 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 o f the Director_

_General o f Police o f the State, the Range Deputy Inspector_

_General o f Police may effect inter district transfer of_
_officers upto the rank o f Sub-Inspector within the range on_

_recommendation o f concerned District Superintendent of_
_Police._

_Provided further that in the public interest the_


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posting o f **46.** Postings and transfers of non-gazetted police officers within a
non-gaaetted Police District shall be decided by the District Superintendent of
ranks within a
police range or Police.
Police district

###### Chapter -IV

 Role, Function, Duties and Responsibilities of the Police.

Role and **47. The role and functions of the police shall broadly be,-**

Functions o f
the Police (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;

(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 man-made 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.

Social **48.** **Every Police officer shall**
Responsibilities
o f the Police
(a) behave with the member of the public with due courtesy and decorum,

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


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posting o f **46.** Postings and transfers of non-gazetted police officers within a
non-gaaetted Police District shall be decided by the District Superintendent of
ranks within a
police range or Police.
Police district

###### Chapter -IV

 Role, Function, Duties and Responsibilities of the Police.

Role and **47. The role and functions of the police shall broadly be,-**

Functions o f
the Police (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;

(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 man-made 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.

Social **48.** **Every Police officer shall**
Responsibilities
o f the Police
(a) behave with the member of the public with due courtesy and decorum,

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


-----

(k) 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;

(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.

Duties in 49. (1) The State Government may, by notification in the Official Gazette,

emergency declare a specified service to be an. essential service to the community, for a
situation

                  - cified. 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 piaces 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 approval
Internal Security of the State Government, draw up an Internal Security Scheme for the
Scheme

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.

Review and ST The Internal Security Schemes so formulated shall be reviewed,
Revise o f the and revised as accessary, at least once annually and more frequently if
Scheme

required.

Mattas to be 52. The Internal Security Scheme shall, inter alia, cover the role of the
covered under police with regard to the security of any establishment or installation
the Scheme. relating to critical infrastructure, if any located in the area.


-----

###### THE ASSAM GAZETTE, EXTRAORDINARY. AUGUST 31. 2007 1891.

Measures to be
taken in certain S3. (l)Any organization, while taking up any activity or programme
situations 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.

Reguiar Updation 54. The Internal Security Schemes shall incorporate regularly
o f the Scheme

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

Investigation by
special crime 55. The State Government shall ensure that in all Metropolitan Police

mvest,gatton unit stations having a population of 10 (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 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.

Selection o f
Officers for 56. The officers posted in the Special Crime Investigation Unit shall be
Investigation Special Crime selected on the basis of their aptitude, professional competence and
Unit 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.

Officers o f the 57. The officer posted to the Special Crime Investigation Units

Unit shall investigate crimes entrusted to the Unit by the District

Superintendent of Police.

Forensic advise 58 Necessary legal and forensic advice shall be made available to

investigating officers during investigations.

Supervision o f 59. The investigations of cases taken up by the Special Crime


-----

###### 1892 THE ASSAM GAZETTE, EXTRAORDINARY, AUGUST 31, 2007

_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.

**One or More** 60. At the headquarters of each Police District, one or more Special
**Special** Investigation Cells shall be created, with the requisite strength of officers
**Investigation C d iin each District** and staff, to take up investigation of offences of a more serious nature and

other complex crimes, including economic crimes,

Criminal 61. The Criminal Investigation Department of the State, shall take up

investigation 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.

Specialized 62.The Criminal Investigation Department shall have specialized units for

Units 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.

otRcers[1]1 °[f] ^3.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

Framing o f 64. Subject to the approval of the State Government, the Director

rules for General of Police of the State shall make, regulations or issue
administration orders, not inconsistent with this Act or with any other enactment

o f Police 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;


-----

(f) institution, management and regulation of any non-Govemment
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 intelligence and
information by the police;

(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.

**Rules for** **65.** Police personnel in the State shall be governed by the existing

**Police personnel** 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.

**Police Officers** **66.** Every officer not on leave ar under suspension shall, for all

**always on duty** purposes of this Act, be considered to be always on duty and may

at any time be deployed in any part of the State.

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

Authority 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.

**Police officer** **68.** No police officer shall engage in any other employment or office of
**barred from other** profit whatsoever, other than his duties under this Act.
**employment**

#### Chanter VIII

###### POLICE ACCOUNTABILITY

**Accountability of** **69,** In addition to the already existing mechanisms, and functions,
**Police** duties and responsibilities of the departmental authorities,

accountability of the police shall be further ensured through the

additional-mechanisms detailed in this Chapter.


-----

###### 1894 THE ASSAM GAZETTE, EXTM0RI)INARYL_,.A U G y S X J1 ^ 2 O

70 The Slate Government shall, within three months of the

Polios
Accountability coming into effect of this Act, establish a State-level Police
Commission Accountability Commission (“the Commission”), consisting

of a 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.

Composition of 71. The Commission shall have a Chairperson and three members
the Commission 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 o f the Commission shall be a_

_woman and net more than one member shall be a retired police_

_officer,_

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

Ineligibility for 73. A person shall be ineligible to be a Member of the

membership 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;

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

organization declared as unlawful under an existing lav/;

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

(g) has been convicted for any criminal offence involving moral

turpitude or for an offence punishable with imprisonment of


-----

(h) is facing prosecution for any offence mentioned in Clause (g)

above and against whom charges have been limned by a Court
of Law; or

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

Court.

**Term of office** 74. (1) The term of office of a Member, and the Chairperson, shall
**and conditions of** be three years unless
**service of members**
**and Chairperson** (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.

**Removal of Members** 75. (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 nis term of office in
any paid employment outside the duties of his office; or

(e) incapacitation by reasons of physical or mental infirmity or

otherwise becoming unable to discharge his functions as a
Member.

**The staff of** **76.** **(1) M em bers of the Commission shall be assisted by adequate**

**the Commission** 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.

J

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

Functions of the 78. (1) The Commission shall enquire into allegations of “serious

Commission 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;

(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:

_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


-----

**_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.

**Powers o f the** 79. In the cases directly enquired by it, the Commission shall have all

**Commission** the powers of a Civil Court trying a suit under the Code of 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 **80.** No statement made by a person in the course of giving
to the evidence before the Commission shall subject that person
Commission

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 o f the inquiry into a_

_complaint o f ‘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._


-----

Persons likely to be SL If. at any stage of the inquiry, the Commission considers it
affected to beprcjudieiaiiy 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

heard

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 o f a witness is being impeached._

Decisions and 82. In the cases directly inquired by the Commission, it may,
Directions of upon completion of the inquiry, communicate its findings to the

the Commission Director General of Police of the State and the State Government

with a direction to:

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

(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_

_la 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 o f Police_

_o f the State that may have a material hearing on the case._

S3. (1) The Commission shall prepare an annual report at the end

Reports o f the

Commission 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 bis 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.


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**(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 respect to

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

**District** **8 4 .( 1 )** The State Government may establish in each Police

**Accountability**

Districts or a group of districts in a police range, a District Police

**Authority**

Accountability Authority to enquire into cases of complaints of
serious misconduct against police personnels, as defined in sub­
section (1) of section 78 .

###### (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 .

**Functions of** **85.** (l)The District Accountability Authority may perform the
**District** following functions as may be notified by the Government :
**Accountability**
**Authority.**

(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 bv 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.

(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.


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(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.

Report o f the **86.** (1) Each District Accountability Authority shall prepare and

District submit to the Commission an annual report before the end of each
Accountability

calendar year, inter alia, containing,-

Authority.

(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) the 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 eases 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.

Relationship between **87.** (l)The Commission shall control and supervise, and issue
the Commission and suitable directions to the District Accountability Authorities for
the District their proper functioning.
Accountability
Authority

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

(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 shall be competent to
request the State Government to initiate appropriate proceedings
against that member of the District Authority.

Rights o f the **88.** (1 ) The complainant may lodge his complaint relating to any

complainant “misconduct” on the part of police personnel with either the
departmental police authorities or with the Commission or the
District Accountability Authority:


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###### THE ASSAM GAZETTE, EXTRAORDINARY, AUGUST 31, 2007 1901

_Provided that no complaint shall be entertained by the_

_Commission or the District Authority if the subject matter o f 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 i ght 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 ail 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

Protection

Government, the State Police Security Commission, its members

of action

and staff, the Police Accountability Commission, its members,

taken in

staff or any person acting under the direction of the State

good faith

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 .


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###### Chapter IX

##### General Offences, Penalties, and Responsibilities

###### Order in streets and public places

Regulation of 90. (1) Ilie District Superintendent of Police or an officer not

public assemblies below the rank of Assistant/Deputv Superintendent of Police may,
and processions where necessary, direct the conduct of ail 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/Deputv 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.

Assemblies and 91. (1) The District Superintendent of Police or any Police Officer not
processions violating below the rank of Sub-Inspector, authorized in this behalf by the
prescribed conditions District Superintendent of Police, may stop any assembly or

procession which violates the conditions set under sub-sections (I),
(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 (I) above shall be deemed to be an
“unlawful assembly” under Chapter V1H of the Indian Penal Code,

1860.

Regulation of 92. The District Superintendent or any officer not below the rank of
the use of Assistarit'Dcputy Superintendent of Police may regulate the time and the

music and other

volume at which music and other sound systems are used in connection

sound systems in
public places with any performances and other activities in or near streets or any

public place that cause annoyance to the residents of the neighborhood.


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^e^o'Xron The ^strict Superintendent of Police or any other Police Officer

pubhc roads" authorized by him in this behalf, through a general or special order,
may give reasonable directions to die 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 bid down in Section 104.

**Penalty** **9 4 .** Any person not obeying the lawful orders issued under section

**for disobeying** 90,91 and 93 may be arrested and on conviction by a Court
**orders or directions** Law, shall be liable to a fine which max be extended upto rupees

two thousand.

**Power to reserve 9 5 .( 1)** The District Superintendent of Polk               - may, by public notice,

**public places** temporarily reserve for any public pr pose any street or other

**and erect barriers** place, and prohibit the public from filtering the area so reserved,

except on such conditions ;r ,»y be specified.

###### (2)(a) The District Superintend'i < of Police may authorize any police

officer to erect barrier:, and other necessary structures on public
roads and streets, to check vehicles or occupants there of for
violation of any legal previsions 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 removed once the purpose for

which they were installed is over.

**Saving and control** **9 6 .** Nothing in the preceding sections namely section 90,91,92,93 and

**of the Magistrate** 95 shall deem to interfere with the general control of the Magistrate of

**of the District** the District over the matters referred to therein.

**Refusal to deliver** 97. Whoever, having ceased to be a police officer, docs not forthwith
**up certificate etc.** deliver up his/her certific He of appointment, clothing, accoutrements and
**on ceasing to** Greer wherewithal supplied to him for the execution of his duty, shall on

**be police officers** conviction by a competent Court of Law, be liable to a fine which may

extend to two thousand rupees

**Dereliction of duty 98.** Whoever, being t» police officer

**by a police officer**

(a) willfully breaches or neglects 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 of the (’ode of Criminal
Procedure. 1973; or


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###### 1904 THE ASSAM GAZETTE, EXTRAORDINARY, AUGUST 31, 2007

(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

Arrest, search, **99.** Whoever, being a police officer ,-
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

(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 misbehaviour; or

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

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.

Offences by **100.** (1) Any person who commits any of the following offences on any

the public 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;


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###### THE ASSAM GAZETTE, EXTRAORDINARY, AUGUST 31, 2007 1905.

(c) neglecting to fence in or duly protect any well, tank, hole or
o|her 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:

_Provided that the police shall take cognizance of_

_this offence only upon a complaint made by an authorized_

_functionary o f 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 o f_

_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.

Procedure for 101. (1) All general directions, regulations, and public notices issued

posting directions under this Chapter shall be published by posting notices in the

and public notices 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 o f 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._


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(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.

**Prosecution of** 102 No Court shall take cognizance of any offence under this Act

**police officers** 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.

**Prosecution** 103. Subject to the provisions contained in section 300 of the Code of

**for offences** Criminal Procedure, 1973. nothing in this Act shall be construed as

**under other laws** preventing any person from being prosecuted and punished under any

other law for anything made punishable by this Act.

**Summary disposal** 104. (I) A Court taking cognizance of an offence punishable under

**of certain cases** 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 Gouri 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.

**Recovery of** 105. Provisions of sections 64 to 70 of the Indian Penal code, I860 and **Central Act**

**No. 45 of**

**penalties and** sections 386 to 389 of the Code of Criminal Procedure, 1973 shall apply **i860 .and**

**fines imposed** to penalties and fines imposed under this Act on conviction before a **Art no 2 ot‘1974**
**by the Magistrate** Magistrate:

_Provided that notwithstanding anything contained in section 65 of_

_the Indian Penal Code. I860. any person sentenced to fine under Sections_

_94 and 100 (I) of this Chapter may be imprisoned in default o f payment_

_o f such fine, for any period not exceeding eight days._

**Limitation** 106. No Court shall take cognizance of any offence under this Chapter
**of actions** after the expiry[7] 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 XXX VI of the Code of Criminal Procedure
shall apply.


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###### z Chapter X

 Miscellaneous

**Powers of District**
**Superintendent of** **107.** All powers, functions and duties of the District Superintendent of
**Police to be exercised** Police described tn tills Act shall be exercised, in respect of areas
**by the Commissioner** notified under section 7 of Chapter II by the Commissioner of
**of Police**

Police or any other officer authorized in this behalf

**Disposal of fees** **108.** **All fees paid for licenses or written permission issued under this**

**and rewards** **Act, and all sums** paid for the service of processes by the police

**officers and all** rewards, forfeitures and penalties or shares thereof
which are by law payable to police officers as informers shall, save
**in so far as any such** fees or sums belong under the provisions of
**any enactment** in force to any local authority, be credited to the
**State Government.**

**Method of** **109. Any order or notification published or issued by the State**
**proving orders** **Government or by a Magistrate or officer under any provision of**
**and notifications**

**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.**

**Validity of** **110.** **No rule, regulation, order, direction, or notification made or**
**rules and** published and no adjudication, inquiry or act done under any
**orders** **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. Whenever in consequence of the office of a Commissioner. Magistrate**

**Officers**
**holding** **or police officer becoming vacant, any officer holding charge uf the post**
**charge o f or** of such Commissioner, Magistrate, or police officer or succeeds, either

**succeeding** **temporarily or permanently, to his office, such officer shall h. c ompetent**
**to vacancies** **to exercise all the powers and perform all the duties respect!'.**
**competent to**

**conferred and imposed by this Act on such Commissionci. Ma.a.irate or**

**exercise**
**powers** **police officer, as the case may be.**

**Licences and** **112. (I) Any licence or written permission granted under the pint bions of**

**written** **this Act shall specify the period and locality for which and die**

**permissions** conditions and restrictions subject to which, the same is ye and

**to specify** **shall be given under the signature of the competent affioi g**
**conditions, and** **and such fee shall be charged there on as may be preset ibed by the rules**

**to be signed** **under this Act in that behalf.**


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(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 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.

Public 113. Any public notice required to be given under any of the provisions of

notices how this Act shall be in writing under the signature of a competent

to be given 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._

Consent o f 114. Whenever under this Act, the doing or the. omitting to do anything

a competent or the validity of anything depends upon the consent, approval,

authority may declaration, opinion or satisfaction of a competent authority, a written

be proved by document signed by a competent authority purporting to conveyor set

writing under forth such consent, approval, declaration, opinion or satisfaction shall be

his signature sufficient evidence thereof.

Power to 115. (1) The State Government may make rules for carrying out the

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


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(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.

Power «o 116. If any difficulty arises in giving effect to the provisions of this

remove difficulties Act the State Government may, by notification in the Official

Gazette, make such provisions as it deems necessary or expedient
for removing the difficulty.

Repeal and Saving 117. (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
ndes made there under shall, be deemed to have been validly done or
taken under the corresponding provisions of this Act.

(3) AH references in any enactments to any of the provisions of the Act

so repealed shall be construed reference to the provisions of this Act.

###### MOHD. A. HAQUE,
 Secretary to the Government of Assam,
 Legislative Department.

GUWAHAT1-Printed and Published by the Dy. "Director (P&S)"

(Ex-Gazette) No. 583-500-1000-29-08-2007. Directorate of Ptg. & Sty., Assam,' Guwahati-21


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