The Bihar Police Act, 2007
Chapter III Chapter III
Chapter III Chapter III
22. The superintendence of the state police force to vest in the state government.
The overall superintendence and control of the police force shall be vested in the government.
Chapter III Chapter III
23. The state police Board
The government shall, within six months of the implementation of this Act, to discharge the duties vested under the provisions of this chapter, establish a state police board.
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24. Structure of the State Police Board
The state police board shall constitute of the following: 1. Chief Secretary- Chairman 2. Director General of Police- Member 3. In charge secretary of department of Home-Member Secretary
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25. Functions of the State Police Board
The State Police Board shall discharge the following duties: a) Formation of comprehensive Policy Guidelines, for making police administration efficient, affective, sensitive and accountable according to the law. b) Identification of Performance Indicator for Assessment of the working of police service, The Performance Indicator inter alia, shall contain the following:- Police Research and Response, accountability, maximum utilisation of amendments, operative efficiency, public satisfaction, and satisfaction of the victims in comparison to the compliance of norms of human rights. c) Review and assessment of organisational work of district wise police service in the state in comparison to the Performance Indicator identified and determined and the resources available to and under the control of the police.
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26. Complaint of violation of human rights
Complaints against police personnel and officers in connection with the following matter shall be investigated by the state human rights commission constituted under clause 21 of The Human Rights Act, 1993, according to the process determined therein: 1) Violation or abetment for violation of human rights 2) Negligence in prevention of such violations.
Chapter III Chapter III
27. Power and Responsibilities of the Director General of Police
As the Head of the State Police Service, The Director General of Police shall have the following responsibilities: a) To implement policies, strategic schemes and the annual plan formulated by the government. b) Operation control and supervision of the police service in order to ensure its efficiency, effectiveness, sensitivity and responsibility.
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28. Magisterial power of the Director General of Police
The power of a Magistrate shall be vested in the Director General of Police in all general police district, who shall exercise these powers subject to the extent determined by the Government from time to time.
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29. Provisions of Punishment
Subject to the provision to the Article 311 of the constitution and such rule as the government enact from time to time under this Act, The Director General of Police, Inspector General of Police, Deputy Inspector General of Police and The District Superintendent of Police ,may, any time dismiss, suspend or reduce the rank of such police officers of subordinate class any time, who in their opinion, has abused his duty, has neglected his duty or is unfit for the duty or any such officer of the subordinate class, who is negligent in discharging his duty or has made himself incapable of performing his duty due to some work , may award one or more of the following punishments: a) Fine, which shall not be more than the salary of a month. b) Punishment such as drill, extra guard duty, hard work or other work with or without confinement in quarter, the period of which may not be more than fifteen days. c) Deprivation of salary of good behaviour. d) Removal from any dignified post or deprivation of any special pay.
Chapter III Chapter III
30. Transfer and Posting
1. Transfer and Posting of police officers and Police Personnel of the supervisory grade shall be governed by the conduct rule and other rule formulated by the government from time to time. 2. The tenure of officers shall normally be of two years. However, any of such officers may be transferred from their posts before expiry of the tenure of two years or more for the following reasons: a) On promotion to the higher post. b) On being convicted or charge sheeted for any punishable crime by any court. c) On being incapable of performing their duties due to incapability or due to physical or mental ailment or any other reason. d) Requirement to fill vacancies arising as a result of promotion transfer or retirement. e) Other administrative reason which is in favour of efficient performance of duties.
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