Chapter II Chapter II

For the purpose of this Act under the government the whole police organisation shall be treated as one police service. The members of Police Service may be posted in any branch, including special branches of the Police Service in the state.

Under the provision of this Act: (i) For the purpose of this Act, the whole police organisation shall be treated as one Police Service under the government and shall be formally nominated and shall contain such members of officers and police personnel and police force for special purposes such as categories of Bihar Armed Police or Anti-riot combined force as required necessary for the control of Riots etc. and shall be constituted in such a manner as ordered by the Government from time to time. (ii)The salary, allowances, service conditions of police personnel shall be such as determined from time to time by the government through rule/notification/order etc.

(1) The Government shall appoint Director General of Police who shall exercise such powers and perform such functions and duty and such responsibilities and power shall be vested in him which shall be determined. (2) The government may appoint one or more than one Additional Director Generals and such number of Inspector Generals, Deputy and assistant Inspector Generals as it may deem fit.

(1)The Director General of Police shall be appointed from the panel of officers, which include officers already working at the post of Director General of Police or shall contain such officers who have been found suitable for promotion to the post of Director General of police by the Committee under the rule formed under All India service Act, 1951(61 of The Central Act, 1951) (2) The Tenure of the Director General of Police appointed in such manner shall normally be of Two Years. However, the Director General of Police may be transferred from his post before the completion of his Tenure by the government on the reasons which are as follows: (a) He has been convicted by any court for any punishable crime or he has been charge sheeted by any court for being involved in any case of corruption, of moral turpitude; or, (b) If he is incapable due to any physical or mental ailment or due to any other reason and is not able to discharge the duty of the Director General of Police; or, (c) Such a posting shall be subject to the consent of the officer promoted on any higher post under the State or the Union Government. (d) Any other administrative reason, which is in favour of the effective discharge of the duty.

The government through notification may declare any area as a police district. The police administration of such police district shall be vested in the superintendent of police under the general control and superintendence of the District magistrate, who shall be assisted by such Additional Assistant or Deputy Superintendent of Police as deem fit and notified.

(1)The government, considering the area status of crime, duty in relation to law and order and the distance being covered by the public in reaching the police station may by notification setup as many police stations along with required number of police posts, as it deem expedient. (2)For the purpose of control and supervision two or more police station may be placed under one police circle. (3)The head of the police station shall be the Station House Officer, who shall not be below the rank sub-inspector of police. However, the large police station may be placed under the supervision of the officer of the rank of Inspector of Police. (4) The number of police personnel deputed in the police station shall be as much as determined by the government from time to time through the general or special order. (5) For filing of complaint of crime committed against women and children and for performing the duty related to the administration of special legislation connected with women and children there shall be a women and children protecting desk staff in each police station, wherein as far as possible, women police personnel shall be deputed. (6) Each police station shall clearly display the guidance issued by the Supreme Court, departmental order connected with arrest and details of persons arrested and put in lock up, along with relevant information which are required to be made public.

(1)The Government, through notification, may constitute police stations to prevent atrocities on scheduled castes/scheduled tribes, as required. (2)Investigation of cases filed in such police station, shall be conducted by a police officer not below the rank of Deputy Superintendent of Police.

(1)Deputation of Police Officer, from the rank of Inspector to Constable on any special post, shall be made by the District Superintendent of police within their jurisdiction. Their tenure shall be 6 years in the district 8 years in range and 10 years in the zone. The transfer from one district to another within the range shall be made by the committee constituting Deputy Inspector General of Police and District Superintendent of Police of the range. The transfer from one range to another shall be made by the committee constituting Inspector General of Police of the zone and Deputy Inspector General of Police of all the range of the zone. Transfer from one zone to another zone shall be made by the committee consisting of the Additional Director General of Police and the Inspector General of Police of the zone. (2)The tenure of officers posted as the Station House Officer in a Police Station or in charge of police circle or Sub-Division or Superintendent of Police of the district shall be of minimum 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 or, (b) On being convicted or charge sheeted for any punishable crime by any court or, (c) On being incapable of discharging their duties due to incapability due to physical or mental ailment or any other reason or, (d) Requirement to fill vacancies arising as a result of promotion transfer or retirement or, (e) Other administrative reason which is in favour of effective discharging of duties.

It will be lawful for the Government to declare that for the purpose of the police, any such authority or any rural watchman or other rural police, being exercised or may be exercised by the District Magistrate, shall be exercised by the District Superintendent of Police subject to the general control of the District Magistrate.

1. In addition to The Code of Criminal Procedure, 1973, and other relevant Act, it shall be necessary for the District Magistrate to maintain coordination between the functioning of the police and the District Administration in the following matters: a) Maintaining law and order. b) Implementation of social security law. c) Control of natural calamities and land reforms. d) Situation arising as a result of any internal disturbance. e) To ensure maintenance of supply of essential items. f) Protection of people of lower and weaker sections. g) Prevention of atrocities on scheduled castes/tribes h) Protection of human right, completion of development project of the state and removal of complaint. 2. For the purpose of such coordination, the District Magistrate may call for general or special information from the Superintendent of Police and head of other departments, whenever required. The District Magistrate, considering the situation may issue proper order or issue written general instructions. 3. The District Magistrate or the Sub-Divisional Magistrate, in order to maintain law and order, to protect minorities or weaker section for the purpose of election or other purposes, may order for the deputation of sufficient number of police force. The District Magistrate shall also ensure that all the department of the district, whose assistance is required for the effective working of the police, provide full assistance to the Superintendent of Police.

1. The Government, through notification in official gazette, covering such areas of the state as specified by the State Government, may create one or more special police district and for each such special police district, may appoint one Superintendent of Police and one or more Assistant and Deputy Superintendent of Police and other Police Officers in required numbers. 2. Such police officers shall perform the police work relating to the railway administration under the jurisdiction of their duty and shall also perform the duty assigned to them from time to time by the State Government. 3. Any police officer, who has been assigned power to work under this sub-section through general or special order, subject to any order issued by the state government for this purpose, may exercise the power equivalent to the power of the Station House Officer of any police station in the concerned special district or in a part thereof. The Police Officer, while exercising these powers, which shall be subject to any such order mentioned above, shall perform duty equivalent to that of the Station House Officer of any police station under the jurisdiction of his Police Station. 4. Subject to any general or special order passed by the State Government for this purpose, such police officer shall have the powers and privilege in each part of the state under this Act or other law in effect at that time, and that shall be subject to the responsibilities of the Police Officer. 5. With the prior permission of the Government, the Superintendent of Police, through this Act or there under, may, delegate the powers and duties vested in him to any Assistant or Deputy Superintendent of Police.

(1) In accordance with the provision of this act, to collect, collate analyse and exchange intelligence there shall be a state Intelligence department and to investigate the inter-state, inter-district and other specified offences there shall be a Crime investigation department. (2) The government, shall, appoint an officer equivalent or higher to the rank of the Inspector General of Police as Head of the above mentioned Departments. (3) In order to dispose of various kinds of offences, on which special attention is required to be given or special consultation is necessary, there shall be a special wing in the Crime investigation department. The Head of each wing shall be the officer of the rank of the Superintendent of Police. (4) The Government, keeping in view the quantum and the nature of work may appoint sufficient number of officer of different rank to serve in the Crime Investigation Department and The state intelligence Department.

(1)The Government shall, in order to augment the efficiency of the police service, under the overall control of the Director General of Police, create and maintain an auxilliary technical agency and service as required. (2)(a) The services so created, shall include required number of Members of the state level fully equipped forensic science laboratory, Regional forensic science laboratory for each range and mobile forensic science units equipped with manpower, as required. (b)The Government shall take all steps to promote the use of science and technology in all aspect of the police services. (3)The Government ,may ,for the whole state or part there of appoint one or more Director of police telecommunication, who shall not be an officer blow the rank of Deputy Inspector General Of police and in order to assist him, may appoint Superintendent of police and Deputy Superintendent of police in required number. (4)In the same manner , The Government ,may ,for the whole state or part there of appoint one or more Director of police transport, who shall not be an officer below the rank of Deputy Inspector General Of police and in order to assist him, may appoint Superintendent of police and Deputy Superintendent of police in required number.

The government shall setup a separate department of communication, which shall have officers and personnel with required qualifications and experience as decided by the government from time to time. This department shall be equipped with all modern facilities of communication in order to update generation, transmission, retrieval, collection and all types of digital, analogue and other data.

The state government shall setup a state police academy and other training institutes at the state level which may be necessary for the training of police personnel of different posts.

Each member of the police service registered under this Act, on appointment and completion of training shall have to take oath or make affirmation in the prescribed manner before the officer appointed by the superintendent of police or the Director General of Police.

1. Any police officer not below the rank of Deputy superintendent of police, may, at any time for the period specified in the appointment order in order to assist the police force , request the district magistrate to appoint any able bodied person between the age of eighteen and fifty as special police officer. 2. Every Special Police Officer on appointment (a)Take specified training and receive a certificate in a proforma approved by the state government in this regard; and (b)Have the same power, privileges and immunities as an ordinary Police officer and be liable to the same duties and responsibilities and subject to the same authorities as an ordinary police officer.

Subject to the general instruction of the district magistrate, it shall be lawful for the Inspector General of Police or Deputy Inspector General of Police or Assistant Inspector General of Police or the District Superintendent of Police to depute on the application of any person, such number of additional police officer to maintain peace at any place in the general police district as deemed fit. Such a police force shall be subject to the order of the District Superintendent of Police and shall be employed at the cost of the person making the application. Provided such person upon whose application such a deployment has been made, may, giving a written notice of one month, request the Inspector General of Police, Deputy Inspector General of Police or District superintendent of Police or Assistant Inspector General of Police for the withdrawal of the police officer so deployed and such person shall be relieved from the cost of such additional police force at the expiration of such period of notice.

Whenever a work on railway, canal or ant other public work is carried out or any manufacturing or other commercial business is conducted in any part of the state and it appears to the Director General of Police that the behaviour or a reasonable apprehension of the behaviour of the persons employed on such work manufactory or commercial concern, necessitates the employment of additional police force at such places it shall be lawful for the director General of Police to deploy additional police force at such place and to keep them employed at such place for so long as its necessity appears to continue and it shall be legitimate for the Director General of Police issue order from time to time for the payment of the cost of such additional police force to the person on whose control or custody lies the fund used for carrying out such work, manufacturing or commercial business, and thereafter such person shall make the payment accordingly.