Chapter VIII Chapter VIII

The Government shall, for the purpose of functions mentioned in Section 60, set up “District Accountability Authority”. The District Magistrate shall be the head of the District Accountability Authority and the Superintendent of Police shall be the member and the Senior Additional District Magistrate and The Additional District Collector shall be the Member Secretary.

(1) The District Accountability Authority shall perform the following work:\n(a) Shall monitor the departmental enquiry or actions related to the complaints of “misbehaviour” against officers below the rank of Assistant/Deputy Superintendent of Police on the basis of quarterly report received from time to time from the District Superintendent of police.\n\n(b) If the authority is of the view that unnecessary delay is being made in the conduct of enquiry in any case, it shall give proper advice to the District Superintendent of Police to speedily complete the enquiry.\n\n(2) When a complainant, in case of undue relay in the process of departmental enquiry in the matter of his complaint on being dissatisfied by the result of the enquiry as a result of violation of principles of natural justice in conducting disciplinary enquiry, brings the matter in the knowledge of the Authority, it may call for the report from the District Superintendent of Police in relation to the complaint of the “misbehaviour” against any officer below the rank of Assistant/Deputy Superintendent of Police and may give proper advice for further action or if necessary, may give instruction to the Superintendent of Police to get enquiry conducted by any other officer.\nProvided that provisions included in the above sub-section (1) and (2) shall not be deemed to dilute disciplinary, supervisory or administrative control of the District Superintendent of Police.

1. Every District Accountability Authority shall, before the completion of each calendar year, prepare an annual report and submit to the Government which inter alia shall include the following:-\n\na) The number and nature of cases of “misbehaviour” forwarded by it respectively to the Government and the District Superintendent of Police during the year.\n\nb) The number and nature of cases monitored by it during the year.\n\nc) The number and nature of cases of “misbehaviour” sent to them by the complainants on being dissatisfied by the departmental enquiry of their complaints.\n\nd) The number and nature of cases mentioned above in (c) wherein advice or instructions for further actions have been issued to the Police by them and,\n\ne) Recommendations relating to the steps to enhance the responsibility of Police.

1) The complainant may lodge his complaint in relation to any “misbehaviour” of Police Personnel with the Departmental Police Authority or the District Accountability Authority. Provided that, if the content of the complaint is being enquired into by any other commission or any court, no such complaint shall be considered by the commission or the Authority. 2) The complainant shall have the right to get information of the development of the enquiry from time to time by the enquiry officer. On completion of the enquiry or departmental proceedings, the complainant shall be informed of the findings of the enquiry and the final action taken on the matter, as soon as possible.

In accordance with the provisions of this Act, in connection with any act performed or to be performed in good faith, no case or other legal action against the state government, state police board, its members and staff, any police officer/police accountability authority its member, staff or any person working under the direction of the Board or Authority or member or staff of District Accountability Authority, shall be admissible.

1) Through proclamation to be notified in the Gazette and through other manner as directed by the Government, it shall be lawful for the Government to proclaim for any area under its jurisdiction, that the situation of disturbance or turbulence has developed in that area as a result of the conduct of the resident, or any of its class or community of such area, it is expedient that the strength of the Police may be increased. 2) Thereupon, with the concurrence of the Government, it shall be lawful for the Director General of Police or other officer authorised by the Government for this purpose that in the area specified in the above proclamation he depute additional police force from the strength generally stipulated. 3) Subject to the provisions of sub-clause (5) of this clause, the cost of such police force shall be borne by the resident of the area mentioned in the proclamation. 4) The District Magistrate shall, on conducting such enquiry, if he deems fit, apportion such cost among those resident, who according to above are liable to bear thereof and who have not been granted relaxation under subsequent clause. Such apportion shall be made on the basis of the individual means of the residents of such area by the decision of the District Magistrate. 5) It shall be lawful for the government to grant exemption of any part of such cost to any individual or class or community. 6) In every proclamation issued under sub-section (1) of this section that period shall be mentioned during which the proclamation shall remain effective, however this may be withdrawn any time may be continued for further period or periods or from time to time as the government deem fit and directs in each case. Explanation:-For purpose of this section, the resident shall include such persons, self or their agents or servants, who is occupying or holding land or other immovable property in such area such land owner, self or their agent or servants, who are recovering rent direct from subjects or occupants irrespective of whether they are really living in that area or not. “Resident” shall include real resident of that area irrespective of whether they are land owner or not.

1. In such area, in relation to which proclamation notified under preceding section is given effect, if any death or grievous hurt or loss or damage to property has taken place as a result of the misbehaviour or due to the misbehaviour of the residents or any class of society of the area, it shall be lawful for the resident of the area, who claims to have suffered from such misbehaviour, to apply for compensation, within one month of the date of such damage, or within a period less than that as decided, to the District Magistrate or Sub-Divisional Magistrate, under whose jurisdiction such area is situated. 2. Thereafter, it shall be lawful for the District Magistrate after conducting enquiry as required, with the permission of the Government, to take the following actions, whether under preceding sections additional police has been deputed or not in such area: a) Shall declare the name of persons who have suffered due to such behaviour or as a result thereof, b) Shall determine the amount of compensation to be paid to such persons and the manner of distribution among them. c) Shall, different from the application determine the proportion to be paid by such residents of that area, who have not been granted remission from the responsibility of payment under the next succeeding sub-section. Provided, that the District Magistrate/Sub-Divisional Magistrate shall not make any announcements or shall not determine under their sub-section, till he comes to the opinion that the above damage has been caused due to riot or unlawful assembly in such area and the person who has suffered damage has been absolved of the incident as a result of which, such a damage has been caused. 3. It shall be lawful for the Government to issue order to exempt any person or class or society of such resident from the responsibility of paying any part of such compensation. 4. Subject to the revision by the commissioner of the Division or the Government, every declaration or assessment made or order issued under sub-section (2) except the aforesaid, shall be final. 5. No civil suit, in relation to the compensation adjusted under this section for any of the damage, shall be liable to be maintained. 6. Explanation:-The word “Resident” shall have the same meaning as defined in the preceding section.