Subject to the provisions of this Act,- area composition of

MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 29 March, 2010 G.S.R.217(E). - In exercise of the powers conferred by section 87 of the Punjab Reorganization Act, 1966 (31 of 1966), the Central Government hereby extends to the Union Territory of Chandigarh, the Punjab Police Act, 2007 (Punjab Act No. 10 of 2008), as in force in the State of Punjab at the date of this notification, subject to the following modifications, namely:- MODIFICATIONS In the Punjab Police Act so extended to the Union Territory of Chandigarh, -

1. (1) save as otherwise expressly provided hereunder,-
   • (a) for the words “State” and “Punjab”, wherever they occur, the words “Union Territory of Chandigarh” shall be substituted;
   • (b) for the words “State Government”, “Government” and the “Government of the State of Punjab”, wherever they occur, the words “Administrator, Union Territory of Chandigarh” shall be substituted;
   • (c) for the words “Director General of Police”, wherever they occur, the words “an officer appointed by the Central Government, with any designation, to head the Chandigarh Police” Shalt, be substituted; 2) in section 2,-
   • (a) clause (a) shall be renumbered as clause (al) and before the clause so renumbered, the following clause shall be inserted, namely:- ‘(a) “Administrator” means the Administrator of the Union Territory of Chandigarh appointed by the President under article 239 of the Constitution;”
   • (b) clauses (c) and (d) shall be omitted;
   • (c) in clause (k), for the words and figures, “Punjab Municipal Act, 1911 and the Punjab Municipal Corporation Act, 1976”, the words and figures, “Punjab Municipal Corporation Law (Extension to tb Chandigarh) Act, 1994” shall be substituted; (d) for clause (r), the following clause shall be substituted, namely:- ‘(r) “police officer” means any member of the Police Service of the Union Territory of Chandigarh constituted under this Act and shall include an Indian Police Service Officer allocated to the Arunachal Pradesh-Goa-Mizoram-Union Territories cadre and posted in Chandigarh constituent of the cadre or an Indian Police Service Officer deputed to the Chandigarh constituent of Arunachal Pradesh-Goa-Mizoram-Union Territories cadre;’
   • (e) in clause (s), for the words “two or more police ranges”, the words “two or more police districts” shall be substituted;
   • (f) clauses (bb) and (cc) shall be omitted; 3) in section 4,-
   • (a) in clause (b), for the word “shall”, the word “may” shall be substituted;
   • (b) in clause (d), for the words “State Level Police Recruitment Board or District Level Police Recruitment Board”, the words “Police Recruitment Board” shall be substituted; 4) in section 5,-
   • (a) in sub-sections (1) and (2), for the words “State Government”, the words “Central Government” shall be substituted;
   • (b) in sub-section (2), for the words “Directors General of Police, Additional Directors General of Police and as many Inspectors General, Deputy or Assistant Inspectors General of Police”, the words “officers of such different ranks” shall be substituted;
   • (c) in sub-section (3), for the words “an Additional Director General or an Inspector General or a Deputy Inspector General or an Assistant Inspector General of Police”, the words “officers referred to in sub- section (2)” shall be substituted;
2. (5) for section 6, the following section shall be substituted, namely:- “6. (1) The Central Government shall appoint an officer from amongst Indian Police Service officers borne on the Arunachal Pradesh-Goa- Mizoram-Union Territories cadre, with such designation as considered appropriate, to head the Chandigarh Police: Provided that under exceptional circumstances, the Central Government may appoint an officer from Indian Police Service deputed to the Arunachal Pradesh-Goa-Mizoram-Union Territories cadre, to head the Chandigarh Police.
3. (2) The officer so appointed under sub-section (1) shall have a tenure of not less than two years unless he attains the age of superannuation: Provided that the Central Government may transfer the officer appointed under sub-section (1) before completion of two years of his tenure, if -\! he is—
   • (a) incapacitated by physical or mental illness or otherwise becoming unable to discharge his functions as the head of the Chandigarh Police; or
   • (b) promoted to a higher post either under the State Government or under the Central Government: Provided further that the Central Government may, for special reasons, to be recorded in writing, also transfer him before the completion of two years’ tenure.”
4. (6) for section 7, the following section shall be substituted, namely:- “7. The Administrator may, with the previous approval of the Central Government, provide such number of Legal Officers and Finance Officers as may be prescribed, to aid and advise police officers on legal and financial matters.”;
5. (7) section 8 shall be omitted;
6. (8) in section 13,-
   • (a) in sub-section (2), the words “Sub-Inspector of Police or” shall be omitted;
   • (b) for sub-section (3), the following sub-section shall be substituted, namely:- “(3) The Administrator may create Crime Investigation Units in such Police Stations, as he may deem necessary”; 9) for section 15, the following section shall be substituted, namely:- “15. The officer posted as Inspector General of Police of a zone, Deputy Inspector General of Police of a range, Senior Superintendent of Police and Superintendent of Police in a police district, Assistant Superintendent of Police and Deputy Superintendent of Police in a sub-division and Station House Officer in a Police Station in a district, shall have a minimum tenure of two years: Provided that the competent authority may transfer the officer before the completion of two years of tenure if he is —
   • (a) promoted to a higher post; or
   • (b) incapacitated by physical or mental illness or otherwise becoming unable to discharge his duties and functions: Provided further that the competent authority may, for special reasons, to be recorded in writing, also transfer an officer before the completion of two years of tenure.”
7. (10) for section 17, the following section shall be substituted, namely:- a “17. With a view to prevent, detect and investigate crime and for ) enforcement of law and maintenance of order in trains passing through the railway lines area and other railway area, falling in his jurisdiction, the Administrator may, by notification in the Official Gazette, create a Railway Police Station consisting of such railway lines and other railway area in the Union Territory, as he may deem necessary; and appoint for policing such police officers, as may be prescribed.”
8. (11) for section 20, the following section shall be substituted, namely:- “20. The Administrator shall, in consultation with the Central Government, lay down a Policy for the purpose of education and training of all ranks and categories of police personnel.”
9. (12) in section 25, for the word “shall”, the word “may” shall be substituted;
10. (13) for section 27, the following section shall be substituted, namely:- “27.(1) The Central Government may establish a Security Commission for the Union Territory of Chandigarh with such composition and functions as may be prescribed.
11. (2) Notwithstanding anything to the contrary contained in sub- section (1), the Central Government may constitute a Common Security Commission for all Union Territories with composition and functions as may be prescribed.”
12. (14) section 28 shall be omitted;
13. (15) in section 29,-
    • (a) in sub-section (1), in clause (a), for the words “State Police Board”, the words “Security Commission” shall be substituted;
    • (b) clauses (c) and (d) of sub-section (1) shall be omitted;
    • (c) in sub-section (2), the words “and the Commissioners of Police” shall be omitted;
14. (16) for section 32, the following section shall be substituted, namely:- “32. (1) The Administrator shall constitute a Police Establishment Committee which shall consist of the following officers, namely:-
    • (a) officer appointed to head Chandigarh -—- Chairperson Police under sub — section (1) of section 6
    • (b) Senior Superintendent of Police, --- Member Chandigarh
    • (c) two other officers not below the rank -—- Member of Superintendent of Police ’ il (2) The Police Establishment Committee shall decide the matters with regard to postings and transfers of all police officers of the rank of Deputy Superintendent of Police and below.”
15. (17) in section 34, in sub-section (1), in the proviso, for the words “the State Legislature within a period of six months from the date of issue or the first sitting of the legislature, whichever is earlier”, the words “each House of Parliament within a period of six months from the date of issue” shall be substituted;
16. (18) in section 36, for the words “the Deputy Inspector General of Police of the range concerned”, the words “such officer as may be prescribed” shall be substituted;
17. (19) for section 54, the following section shall be substituted, namely:- “54. The Administrator may, in consultation with the Central Government, by notification in the Official Gazette, constitute a Police Complaints Authority.”
18. (20) section 72 shall be omitted;
19. (21) in section 80,-
    • (a) in sub-section (1), for the words, “one year”, the words “six months” shall be substituted;
    • (b) for sub-section (2), the following sub-section shall be substituted, namely:- “(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.”
20. (22) in section 81, in sub-section (2), for the words “State Legislature”, the words “each House of Parliament” shall be substituted;
21. (23) in section 84, in sub-section (1), for the words “State Government”, the words “Central Government or the Administrator” shall be substituted,
22. (24) in section 85, for the words “shall remain in force”, the words “as = extended to the Union Territory of Chandigarh, shall remain in force” shall be substituted [F. No.14011/26/06-UTP (Part C)] (B. Bhamathi) Joint Secretary to the Government of India ANNEXURE

Notification ’ The 5" February, 2008 No.10-Leg./2008.- The following Act of the Legislature of the State of Punjab Received the assent of the Governor of Punjab on the 24™ January, 2008, and is hereby published for general information :- THE PUNJAB POLICE ACT, 2007 ( Punjab Act No. 10 of 2008) AN ACT to respond to the democratic aspirations of the people and to provide for the establishment, regulation and management of the police, redefine its role, duties and responsibilities and to enable it to functions an efficient, professional, effective, accountable, people friendly, service oriented and responsive agency, free from extraneous influences, accountable to law by taking into account the emerging challenges of policing, enforcement of rule of law, the concern for security of the State and the society, particularly the venerable sections and minorities, good governance, human rights and for the matters connected therewith or incidental thereto. Be it enacted by the Legislature of the State of Punjab in the Fifty-eighth Year of the Republic of India as follows :- Chapter — 1 DEFINITIONS AND INTERPRETATIONS (8 (1) This Act may be called the Punjab Police Act, 2007 ‘Shing: thisend cocmsencemeel

1. (2) It shall come into force on such date, as the State Government may, by notification in the Official Gazette, appoint. 2. (1) In this Act, unless the context otherwise requires,-- Defiolions.
   • (a) “Annual Policing Plan” means a statement, prepared before the beginning of each financial year of the police priorities for the year, indicating the financial resources expected to be available and of the proposed allocation of such resources.
   • (b) “Cattle” include cows, buffaloes, elephants, camels, horses, asses, mules, sheep, goats and swine: (©) “City Police Commissionerate” means major urban areas notified as such by the State Government in Official Gazette for purpose of this Act.
   • (d) “Commissioner” means Commissioner of Police appointed as such under section 8;
   • (e) “Community Police Resource Centre” means a body, registered under the Societies Registration Act, 1860 with a view to provide for public-police interface.
2. (6) “competent authority” means an authority, as may be prescribed by rules for different purpose under this Act: [)) “Group C posts” mean the posts, categorized as such under the relevant Service Rules;
   • (h) “insurgency” means waging of armed struggle by a group or a section of population against the State with the objective of secession of part from the territory of India;
     • (i) “internal security” means preservation of sovereignty and integrity of the State from the disruptive and antinational force within the State: [0] “militant activities” include any violence of a group, using explosives, inflammable substances. firearms or other lethal weapons or hazardous substance in order to achieve its objectives;
   • (k) “municipal area” means an area, defined as such in the Punjab Municipal Act, 1911 and Punjab Municipal Corporation Act, 1976; 0) “Non-Gazetted Officer” shall include an officer of the rank of Assistant Sub-Inspector of Police, Sub-Inspector of Police and Inspector of Police.
   • (m) “organized crime” includes any crime, committed by a group or a network of persons in pursuance of its common intention of unlawful gain by using violent means or threat of violence;
   • (n) “outpost” means a police posts, carved out an area of a police station.
3. (0) “outsource” means procurement of work from or its entrustment to some other agency or persons, outside the police department. ® “place of public amusement and public entertainment™ means a place, which may be notified as such by the State Government from time to time; [)) “police district” means the area notified as such under section 10;
   • (r) “police officer” means any member of the Police Service of the State, constituted under this Act, and includes Indian Police Service officer allocated or deputed to. the State Cadre;
   • (s) “Police range” means a geographical area, comprising two or more police ranges, which may be notified as such by the State Government in the official gazette.
   • (t) “Police zone” means a geographical area of the State, comprising two or more police ranges, which may be notified as such from time to time by the State Government in the official Gazette. \&
   • (u) “prescribed” means prescribed by rules made under this Act: w “Public place” means any place to which the public have access and includes,-- i. a public building, market, mall, train, bus, monument and precincts thereof; and ii. any place, accessible to the public for drawing water, washing or bathing or for purposes of recreation;
   • (w) “Regulations” means regulations made under this Act;
     • (x) “Rules” means rules made under this Act; ) “section” means a section of this Act; 2) “Service” means the police service constituted under this Act;
   • (aa) “Special Cell” means a Police Investigation Unit, specially dealing with the crime of particular type, like cyber crime, crime against Women and Children, crime related to Non- Resident Indians, economic offices and crime against Scheduled Castes.
   • (bb) ~~ “State” means the State of Punjab;
   • (ce) “State Government” means the Government of the State of Punjab;
   • (dd) “Strategic Policing Plan” means a plan setting out the proposed arrangements for policing during a specified period, and includes priorities of the financial resources expected to be available and of the proposed allocation of those resources, expected to be available and of the proposed allocation of those resources.
   • (ce) “Subordinate rank” means a rank below the Assistant Superintendent of Police or Deputy Superintendent of Police; and
   • (fH) “Terrorist activity” includes any activity of a person or a group using explosive 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 of strike terror in the society or any section thereof, and with an intent to overawe Government, established by law. 2) The words and expressions, used in this Act, but not defined, shall have the same meanings as assigned to them in the General Clause Act, 1897 (Act 10 of 1897), the Code of Criminal Procedure, 1973 (Act 2 of 1974) and the Indian Penal Code, 1860 (Act 45 of 1860).

3; (1) There shall be one Police Service in the State. SE of police

1. (2) Notwithstanding anything contained in any other law or any of the provisions of this Act, members of the Police Service shall be liable for posting anywhere in the State and outside the State, as may be ordered by the competent authority. ics

1. (a) the Police Service shall consist of such numbers in various ranks and have such organization or cadres, as the State Government may, by general or special orders, determine, and shall include the members of the Indian Police Service, allocated or deputed to the State;
2. (b) the officers of subordinate ranks of district police, armed police, Intelligence and technical and support services shall form separate cadres. Seniority of each cadre shall be maintained at the State level. Transfer of a member of one cadre to another cadre shall not be allowed;
3. (c) notwithstanding anything contained in sub-clause(b), a member of the Police Service may be allowed to be deputed on deputation from one cadre to another cadre or organisation or department, as per rules;
4. (d) the direct recruitment to various subordinate ranks in the Police Service shall be made through a State Level Police Recruitment Board or District Level Police Recruitment Board in a transparent manner; (¢) the mode of recruitment, pay, allowances and other service conditions of the members of the Police Service shall be such, as may be prescribed;
5. (f) the State Government shall provide for employment opportunities to women in the Police Service and may provide for separate physical standards for their recruitment; and

1. (2) the State Government may restructure the district police in order to provide the public with an officer-oriented civil interface of the police in such manner, as may be prescribed. 5 (1) For the overall direction, control and supervision of the Police yr Service, the State Government shall appoint a Director General of General, inspector General, Police. He shall also exercise such powers, perform such functions [Depuy or Assistant Inspector and duties, and have such responsibilities, as may be prescribed.
2. (2) The State Government may appoint one or more Directors General of Police, Additional Directors General of Police and as many Inspectors General, Deputy or Assistant Inspectors General of Police, as it may deem necessary.
3. (3) The State Government may, by a general or special order direct in what manner and to what extent, an Additional Director General or an Inspector General or a Deputy Inspector General or an Assistant Inspector General of Police assist the Director General of Police in the performance, exercise and discharge of his powers, functions, duties and responsibilities. 6. (1) The State Government shall select the Director General of Police Selection and tem of office of from amongst Indian Police Service officers borne on the State cadre, who are in the rank of Director General or are eligible to hold this rank for appointment as Director General of Police. v
4. (2) The Director General of Police so appointed, shall have tenure of not less than two years, unless he attains the age of superannuation : Provided that the State Government may, transfer the Director General of Police before completion of two years of his tenure, if he is -
   • (a) conviction by a court of law in a criminal case or where charges have been framed against him by a court in a case involving corruption or moral turpitude; or
   • (b) incapacitation by physical or mental illness or otherwise becoming unable to discharge his functions as the Director General of Police: or
   • (c) promotion to a higher post under either the State or the Central Government : Provided further that the State Government may also transfer the Director General of Police before the completion of two years’ tenure, for special reasons, to be recorded in writing. 7. (1) The State Government may provide such number of Legal officers Providing of Legal and Finance and Finance Officers to aid and advise the office of Director General of Police on legal and financial matters, as may be prescribed.
5. (2) The State Government may also appoint in every Police district and City Police Commissionerate, one or more Legal Officers to advice the police on legal issues including the adequacy or otherwise of the available evidence, as deemed necessary in various cases, to be investigated by them.
6. (3) Appointment of officers referred to in sub-sections (1) and (2) shall be made in the manner, as maybe prescribed. 8. (1) The State Government may, by notification in the Official Gazette, crea policein establish for a municipal area and its adjoining area, a police system, which is capable of handling the typical and complex problems of crime, public order and internal security, which may call for quick and comprehensive response from the police by way of purposeful direction, unitary chain of command, professional competence, functional specialization and legal authority coupled with accountability.
7. (2) For achieving the purposes mentioned in sub-section (1) -
   • (i) the State Government may, appoint a police officer, not below the rank of Deputy Inspector General of police, to be the Commissioner of Police for any aforesaid specified area; and
   • (i) The Commissioner, so appointed, shall exercise such powers, perform such functions and duties and have such responsibilities and authority, as are provided by or under this Act or as may otherwise be directed by the State Government by a general or special order. [3 Pp 4 Provided that the State Government may, direct that any of the powers, functions and duties, responsibilities or authority, exercisable or to be performed or discharged by the Commissioner of Police, shall be exercised or discharged subject to the control of the Director General of Police: Provided further that in any area for which a Commissioner of Police is appointed, and is empowered by the State Government by notification in the Official Gazette, subject to such conditions and limitations, as may be specified therein, he may exercise and perform in relation to the City Police Commissionerate, the powers and duties of an Executive Magistrate and of a District Magistrate under such provisions of the Code of Criminal Procedure, 1973, and the following Acts or any other Act, as may be specified in the notification: -
8. (1) the Indian Explosives Act, 1884;
   • (ii) the Mental Health Act, 1987;
   • (iii) the Poisons Act, 1919;.
   • (iv) the Police (Incitement to Disaffection) Act, 1922; Ww) the Immoral Traffic (Prevention) Act, 1956;
   • (vi) the Arms Act, 1959;
   • (vii) the Prevention of Cruelty to Animals Act, 1960;
   • (viii) the Sarais Act, 1867;
   • (ix) the Cinematograph Act, 1952; and
   • (x) the Child Marriage Restraint Act, 1929. 9, (1) Each Police zone shall be headed by an officer of the rank of bres of police zones and Inspector General of Police, who shall supervise the police administration of such zone, and report to the Director General of Police. 2) Each Police range shall be headed by an officer of the rank of Deputy Inspector General of Police, who shall supervise the police administration of such range, and report to the Director