The Chhattisgarh Police Act, 2007

(1) This Act may be called the Chhattisgarh Police Act, 2007: (2) It shall come into force from the date of its publication in the Official Gazette; (3) It extends to the whole of the State of Chhattisgarh and to the police offices of the State of Chhattisgarh deployed outside the State.

(1) In this Act, unless the context otherwise requires,— (a) "Act" means the Chhattisgarh Police Act, 2007; (b) "Cattle" means and includes cows, bulls, bullocks, calves, buffaloes, horses, mares, ponies, colts, fillies, mules, asses, pigs, rams, ewes, sheep, lambs, goats and kids; (c) "District Magistrate" means the District Magistrate appointed under Section 20 of the Code of Criminal Procedure, 1973 (2 of 1974); (d) "Internal Security" means preservation of peace and order, prevention and detection of crime and maintenance of law and order in the State of Chhattisgarh; (e) "Police Officer" means an officer appointed under this Act and includes any person appointed by the State Government to perform the duties of a police officer under this Act; (f) "Police District" means the territorial area notified under Section 9 or Section 10; (g) "Prescribed" means prescribed by rules made under this Act; (h) "Public place" means any place to which the public have access whether as or right or not and includes all places of public resort; (i) "Regulations" means regulations made under this Act; (j) "Rules" means rules made under this Act; (k) "State Government" means the Government of Chhattisgarh; (l) "State Police Board" means the Board constituted under Section 3; (m) "Sub-division" means a sub-division of a Police District; (n) "Superintendent of Police" means an officer in charge of a Police District; (o) "Victim" means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression "victim" includes his or her guardian or legal heir. (2) Words and expressions used in this Act but not defined shall have the same meaning as assigned to them in the Code of Criminal Procedure, 1973 (2 of 1974), or the Indian Penal Code, 1860 (45 of 1860). In this Act, unless the context otherwise requires - (a) "Chief Secretary" means the Chief Secretary to the State Government; (b) "Director General of Police" means the officer appointed under section 12; (c) "District" means a revenue territory notified as a district under the Chhattisgarh Land Revenue Code, 1959 (No. 20 of 1959); (d) "District Magistrate" means District Magistrate appointed under sub-section (1) of section 20 of the Code of Criminal Procedure, 1973 (No. 2 of 1974); (e) "Moral Turpitude" means involvement in any crime which pertains to cheating, forgery, drugs, intoxication, rape, offending the modesty of a women, immoral trafficking, planned violence or any offence against the State Government; (f) "Outpost" means post within the jurisdiction of Police Station; (g) "Police District" means the territory notified as a police district under this Act; (h) "Police Officer" means any member of the Police Force appointed under this Act or appointed before the commencement of this Act for the State and includes members of the Indian Police Service or members of any other police organization on deputation to the State Police, serving for the State and persons appointed under section 9 or 10 of this Act; (i) "Power of Superintendence" means and includes power of giving directions, guidance and instructions in all executive and administrative matters and also include the power to annul, reverse, rescind or revise any administrative order issued in such matter by an authority under this Act, subject to the provisions pertaining to investigation as contained in the Code of Criminal Procedure, 1973 (No. 2 of 1974); (j) "Public place" means any place to which the public has access; (k) "Prescribed" means prescribed by rules; (l) "Railway Area" means an area between outer most signals appurtenant to railway tracks including railway platforms of a railway station and shall include running trains over the entire length of the railway tracks within the State of Chhattisgarh; (m) "Ranks" means and includes subordinate ranks and supervisory ranks; (n) "Regulation" means regulations made under the Act; (o) "Rules" mean the rule made under the Act; (p) "State" means the State of Chhattisgarh; (q) "State Government" means the State Government of Chhattisgarh; (r) "Subordinate Ranks" means ranks below the rank of Assistant or Deputy Superintendent of Police; (s) "Superintendent of Police" means the police officer in charge of a Police District; (t) "Supervisory Ranks" means ranks of Assistant and Deputy Superintendent of Police or above. (2) Words and expressions used in this Act but not defined specifically shall have the same meaning as provided in the Chhattisgarh General Clause Act, 1955 (No. 5 of 1955), the Code of Criminal Procedure, 1973, (No. 2 of 1974), and the Indian Penal Code, 1860 (No 45 of 1860). (1) For clause (a) of sub-section (2) of Section 22 of the Chhattisgarh Police Act, 2007 (No. 13 of 2007), (hereinafter referred to as the Principal Act), the following shall be substituted, namely :- "(a) Transfer of subordinate ranks upto the level of and including Assistant Sub-Inspector from a district in one Zone or Range to a district in another Zone or Range and of the ranks of Sub-Inspector and Inspector from one Zone or Range or District to another;" (2) After sub-section (3) of Section 22 of the Principal Act, the following shall be added, namely:- "(4) The Director General of Police shall constitute a Range Police Establishment Board for each Police Range to be called as the "Range Board" with the Range Inspector General of Police as its Chairman and two District Superintendents of Police of the Range as its members which shall have authority to transfer subordinate ranks upto the level of and including Assistant Sub-Inspector from one district to another within the Police Range. (5) The Police Establishment Board may review the orders passed by the Range Board on representation made by the aggrieved Police Officers within 30 days from the date of order."

(1) There shall be a State Police for the State, as an agency of the Government. (2) The State Police shall consist of such ranks and number and have such organization as the Government may, by general or special order, determine. (3) The organization of the State Police may include training institutions, research and development bureaus, technical and support services, intelligence and criminal investigation units and other bodies and units as determined by the State Government from time to time.

(1) The State Government may, by notification divide the entire geographical area of the State into one or more Police Zones. (2) The administration of the Police in the Police Zone shall vest in an officer of the rank of Inspector General of Police. (3) The State Government may by notification, divide the entire geographical area of Zone into one or more Police Ranges. (4) The administration of the Police in the Police Range shall vest in an officer not below the rank of Deputy Inspector General of Police.

(1) The State Government may, by notification, divide the geographical area of the State into Police Districts: Provided that existing Police Districts shall continue to be the Police Districts until areas are altered or re-notified. (2) The administration of police in a Police District throughout the local jurisdiction of the District Magistrate shall under the general control and direction of the District Magistrate be vested in a District Superintendent of Police.

(1) The State Government may by notification divide each Police District into one or more Sub divisions and appoint a Assistant/Deputy Superintendent of Police to be in charge of such sub division: Provided that existing Sub divisions shall continue to be the sub divisions until they are altered or re-notified. (2) The State Government may, by notification establish/create one or more Special Cells in a Police District and may appoint an officer not below the rank of Deputy Superintendent of Police to be the in charge of such special cell.

(1) The State Government may, by notification, establish one or more Police Stations in a sub division specifying the territorial jurisdiction of each such Police Station. (2) The State Government may appoint a police officer not below the rank of Sub-Inspector of Police to be in charge of a Police Station. (3) The State Government may, by notification, establish one or more outposts within the territorial jurisdiction of a Police Station specifying the territorial jurisdiction of such outpost: Provided that the State Government may, by notification, invest any outpost with such powers and responsibilities of a Police Station as it deems necessary: Provided further that existing Police Stations and outposts shall continue to be the Police Station and outpost until they are altered or re-notified.

The State Government may by notification, create one or more Police Districts headed by a Superintendent of Police and embracing such railway area in the State as the Government may specify.

(1) Subject to Rules prescribed in this behalf, the Superintendent of Police may at any time, by an order in writing, appoint any person to act as a Special Police Officer for a period as specified in the appointment order. (2) Every special police officer so appointed shall have the same powers privileges and protection, and shall be liable to perform the same duties and shall be amendable to the same penalties, and be subordinate to the same authorities, as the ordinary officers of the police.

(1) The State Government, or as the case may be, an authority specially empowered by the State Government in this behalf may appoint Additional Police Officers for such purposes and on such terms and conditions and in such manner as may be prescribed. (2) The deployment or deputation of such Additional Police Officers may be made at the request of any person showing the necessity thereof, and the cost incurred on such deployment or deputation may be recovered from the person making request for such deployment or deputation in the manner prescribed.

The general powers of superintendence and control over the Police shall vest in the State Government.

(1) The administration of police throughout the Police District shall vest in the Superintendent of Police. (2) The Superintendent of Police may for the purpose of carrying out the provisions of this Act, subject to the control of the Inspector General of Police/Deputy Inspector General of Police, appoint, suspend, reduce, dismiss or remove any police officer of the rank of Sub-Inspector and below, provided that the Inspector General of Police or Deputy Inspector General of Police may, in the interest of public service, revoke or modify any order passed by the Superintendent of Police. (3) The Superintendent of Police shall, subject to the orders of the Inspector General of Police/Deputy Inspector General of Police, direct and regulate the matters of arms, drill, exercise, observation of persons and events, mutual relation, distribution of duties, study of laws, orders and modes of proceedings and all other matters connected with the fulfillment of their police duties. (4) The Superintendent of Police shall, subject to the Act and/or the rules made there under, ensure the effective functioning of the police district by taking necessary steps towards: (a) Maintenance of internal security and law and order; (b) Prevention, detection and investigation of crimes. (1) The State Government shall appoint a Director General of Police for the overall administration, direction and supervision of the State Police. (2) The Director General of Police shall be appointed from a panel of officer consisting of the officers already working in the rank of the Director General, or the officers who have been found suitable for promotion in the rank of Director General after screening by a Committee under the provisions of the All-India Services Act, 1951 (No. LXI of 1951) and in accordance with the rules applicable for such promotion: Provided that number of officers in the panel shall not exceed three or double the number of cadre posts sanctioned for the rank of Director General in the State, whichever is less. (3) Subject to the rules made under All India Services Act, 1951 (No. LXI of 1951), the Director General of Police so appointed under sub-section (2) shall have a minimum tenure of two years. (4) Notwithstanding anything in sub-section (3), Director General of Police may be removed from his post before the expiry of its tenure by the Government by the order in writing specifying reasons consequent upon,- (a) Conviction by a court of law in a criminal offence or where charges have been framed by a court in a case involving corruption or moral turpitude; (b) Superannuation (1) The State Government shall appoint a Director General of Police for the overall administration, direction and supervision of the State Police. (2) The Director General of Police shall be appointed from a panel of officer consisting of the officers already working in the rank of the Director General, or the officers who have been found suitable for promotion in the rank of Director General after screening by a Committee under the provisions of the All-India Services Act, 1951 (No. LXI of 1951) and in accordance with the rules applicable for such promotion: Provided that number of officers in the panel shall not exceed three or double the number of cadre posts sanctioned for the rank of Director General in the State, whichever is less. (3) Subject to the rules made under All India Services Act, 1951 (No. LXI of 1951), the Director General of Police so appointed under sub-section (2) shall have a minimum tenure of two years. (4) Notwithstanding anything in sub-section (3), Director General of Police may be removed from his post before the expiry of its tenure by the Government by the order in writing specifying reasons consequent upon,-(a) Conviction by a court of law in a criminal offence or where charges have been framed by a court in a case involving corruption or moral turpitude; (b) Superannuation; (c) Punishment of reduction to a lower post awarded under the provision of the All India Services (Discipline and Appeal) Rules 1969 or any other relevant rules; (d) Suspension; (e) Incapacity in discharging his functions as Director General of Police due to physical or mental illness; (f) On his own request; or (g) An administrative exigency which shall be recorded in writing.

(1) The State Government may, by notification, create as many police stations with such definite areas as it may deem fit. (2) The State Government may, by notification, alter or re-define the areas of such police stations. (1) The State Government may appoint an officer not below the rank of Deputy Inspector General of Police to assist the Director General of Police to be in-charge of direction and supervision of the Police deployed in Railway Areas. (2) The supervision of a Police District in a Railway Area shall vest in a Superintendent of Police.

(1) Every police officer not on leave or under suspension shall, for all purposes of this Act, be considered to be always on duty, and may at any time be deployed as a police officer in any part of the State. (2) No police officer shall engage himself in any employment or office of profit whatsoever, other than his duties under this Act. (Clause 1 contains points a-e regarding restrictions on duties and political activity). (1) Police officer posted as Officer-in-charge of a Police station; or as a District Superintendent of Police in-charge of a Police District shall have a minimum tenure of two years. (2) Notwithstanding anything in sub-section (1), an officer referred to in sub-section (1) may be removed or transferred from his post before the expiry of the minimum tenure of two years consequent upon,-(a) Promotion to a higher post; (b) Superannuation; (c) Conviction by a court of law; (d) Charge having been framed, by a court of law in a criminal case; (e) Punishment of dismissal, removal, discharge or compulsory retirement from service or of reduction to a lower rank awarded under the rules relating to disciplinary actions applicable to him; (f) Suspension; (g) Incapacity in discharging his functions and duties due to physical or mental illness; (h) On his own request; or (i) An administrative exigency which shall be recorded in writing.

(1) Every police officer shall promptly serve every summons and obey and execute every warrant or other order lawfully issued to him by competent authority, and shall endeavour to maintain public order and prevent the commission of offences and public nuisances, and to detect and bring offenders to justice and to apprehend all persons whom he is legally authorized to apprehend and for whose apprehension sufficient grounds exist. (2) Subject to sub-section (1), it shall be the duty of every police officer to obey the lawful orders given by his superior. (1) Subject to the provisions of Article 311 of the Constitution of India the Director General of Police or any other police officer authorised by the State Government in this behalf may dismiss, remove from service, reduce in rank, or confine to quarters for a term not exceeding fifteen days (with or without punishment drill, extra guard, fatigue or other duty) any police officer of subordinate ranks found to be remiss or negligent in the discharge of his duties or unfit for the same, or guilty of any misconduct. (2) The State Government may make rules to give effect to the provision of sub-section (1).

(1) Every police officer shall exercise such powers as are conferred upon him by this Act, or by any other law for the time being in force known as "Police Powers". (2) Every police officer shall discharge his duties as a Police Officer in such a manner as to ensure compliance with the following: (a) Maintenance of public order; (b) Collection of reports regarding crimes; (c) Protection of life and property; (d) Preventing and detecting crimes. (1) The State Government shall establish a State Police Commission (hereinafter referred to as the "Commission"), which shall perform functions assigned to it under the provision of this Chapter. (2) The Home Minister shall be the Chairman of the State Police Commission and other members of the Commission shall be as follow:-(a) Chief Secretary; (b) Secretary in charge of the Home Department; (c) Director General of Police; (d) Member State Human Right Commission to be nominated by State Government; (e) Two Independent Members (persons of proven reputation for integrity and competence from any field such as academia, law, public administration, media or any other field) to be appointed by the State Government. (3) Director General of Police shall be Secretary of the Commission.

[No Title Provided in text] A person shall not be eligible to be a member of the Authority if he-(a) Is not a citizen of India; (b) Is above 70 years of age; (c) Is serving in any police, military or allied organisation or has so served in the twelve months preceding such appointment; (d) Is employed as a public servant; (e) Holds any elected office, including that of Member of Parliament or State Legislature or any local body; (f) Is a member of or is associated in any manner with, an organization declared as unlawful under an existing law; (g) Is an office bearer or a member of any political party; (h) Has been convicted for any criminal offence involving moral turpitude or for an offence punishable with imprisonment of one year or more; (i) Is facing prosecution for any offence mentioned in clause (h) above and against whom charges have been framed by a court of law; or (j) Is of unsound mind.

(1) Every police officer shall use his best endeavours to prevent any riot, affray or public disorder at any public place and shall as far as possible enforce the rules and regulations made in this behalf. (2) Any police officer, who has reason to believe that a design to commit any cognizable offence has been abetted, may intervene in such a manner as he deems fit to prevent the commission of such offence. (1) It shall be the duty of every police officer— (a) to promptly serve every summons and execute every warrant or other order lawfully issued or made by any competent authority; (b) to prevent the commission of offences and public nuisances; (c) to prevent the attempt to commit offences; (d) to detect offences and bring the offenders to justice; (e) to apprehend all persons whom he is legally authorised to apprehend and for whose apprehension sufficient grounds exist; (f) to collect and communicate intelligence affecting the public peace; (g) to take charge of all unclaimed property; (h) to take charge of and impound stray cattle; (i) to regulate and control the parades and processions in the streets, to prevent obstruction on the roads and in the open spaces in the vicinity of public buildings and public thoroughfares; (j) to prevent the infringement of order and regulation made by competent authority; (k) to assist other branches of the police or other government departments in the discharge of their functions, when required to do so by a competent authority; (l) to perform other duties as may be imposed upon him by law; (m) to take all necessary measures to preserve peace and maintain order in the society; (2) Police officer shall remain always on duty. Every police officer of or above the rank of constable shall, for all purposes of this Act, be considered to be always on duty, and may at any time be employed as a police officer in any part of the State. (1) The term of an Independent Member shall be for a period of two years from the date of appointment and he shall not be eligible for reappointment. (2) An Independent Member shall serve in an honorary capacity and the privileges and facilities to be extended to such member shall be such as may be prescribed.

(1) It shall be the duty of the police to regulate the traffic in public places in such a manner as to prevent obstruction and danger to the public. (1) No police officer shall resign his office or withdraw himself from the duties thereof, unless expressly allowed to do so in writing by the authority, by whom he is appointed: Provided that, any such police officer may resign his office on the expiration of two months notice in writing given by him to the authority, by whom he is appointed. (2) Penalty for resignation or withdrawal of duty without permission or notice. If any police officer resigns or withdraws from the duties of his office in contravention of the provision of sub-section (1), he shall be liable to such disciplinary action as may be prescribed, and he may also be punished with imprisonment for a term which may extend to three months or with fine which may extend to Rs. 1,000 or with both. (3) The State Government may, by general or special order, exempt any class of police officers from the provisions of this Section. The State Government may by order in writing remove an Independent Member on any of the following grounds:-(a) (i) incompetence; (ii) misbehaviour; (iii) failure to attend three consecutive meetings of the Commission without sufficient cause; (iv) incapacitation by reason of physical or mental infirmity; or (v) otherwise becoming unable to discharge his functions as a member. (b) If he incurs any disqualification specified in Section 17.

The Commission shall perform the following functions namely:-(1) To advise the State Government on policy guidelines for promoting efficient, effective, responsive and accountable policing; (2) To assist the State Government in identifying performance indicators to evaluate the functioning of the Police Force; (3) To communicate to the State Government its views on the performance of the Police; and (4) To formulate perspective plans for policing and submit them to the State Government.

The Commission shall, at the end of each year, present to the State Government a report on its work during the preceding year as well as of performance of the Police.

(1) The State Government shall by a notification constitute a Police Establishment Board (hereinafter referred to as the "Board") with the Director General of Police as its Chairman and four other senior police officers not below the rank of Deputy Inspector General of Police. (2) The Board shall perform the following functions and duties-(a) Transfer of subordinate ranks up to the level of Inspector from one Zone or Range or District to another; (b) Receive and examine representation from police officers aggrieved by an order of superior officers, other than the order passed under the rule made under the Article 309 of the Constitution of India and:- I. Decide such representation if it is received from a police officer of the sub-ordinate rank; II. Make recommendation to the State Government in other cases. (c) Such other functions and duties as may be prescribed. (3) The State Government may review the orders passed by Police Establishment Board on representation made by aggrieved Police Officers within 90 days from the date of order.

The following shall be the functions and responsibilities of a police officer:-(1) (a) To enforce the law and to protect life, liberty, property, rights and dignity of the people; (b) To prevent crime and public nuisance; (c) To maintain public order; (d) To preserve internal security, prevent and control terrorist activities and to prevent breach of public peace; (e) To protect public property; (f) To detect offences and bring the offenders to justice; (g) To arrest persons whom he is legally authorised to arrest and for whose arrest sufficient grounds exist; (h) To help people in situations arising out of natural or man-made disasters and to assist other agencies in relief measures; (i) To facilitate orderly movement of people and vehicles and to control and regulate traffic; (j) To gather intelligence relating to matters affecting public peace and crime; (k) To provide security to public authorities in discharging their functions; (l) To perform all such duties and discharge such responsibilities as may be enjoined upon him by law or by an authority empowered to issue such directions under any law. (2) The State Government, or an authority specially empowered in this behalf by the State Government may assign such other duties and responsibilities to police officer as may be specified by the State Government.

Every police officer shall be considered to be always on duty, when employed as a police officer in the State or deployed outside the State. (1) The duties and responsibilities of each police officer shall include: (h) To help people in situations arising out of natural or man-made disasters and to aid other agencies in relief measures; (i) To facilitate orderly movement of people and vehicles and to control and regulate traffic; (j) To gather intelligence relating to matters affecting public peace and crime; (k) To provide security to public authorities in discharging their functions; (l) To perform all such duties and discharge such responsibilities as may be enjoined upon him by law or by an authority empowered to issue such directions under any law. (2) The State Government, or an authority specially empowered in this behalf by the State Government may assign such other duties and responsibilities to police officers as may be specified by the State Government.

No police officer may engage in an employment or office whatsoever, other than his duties under this Act, unless expressly permitted to do so in writing by the State Government. Every police officer shall be considered to be always on duty, when employed as a police officer in the State or deployed outside the State.

No police officer shall be at liberty to withdraw himself from duties unless expressly allowed to do so by the officer authorised to grant such permission. No police officer may engage in an employment or office whatsoever, other than his duties under this Act, unless expressly permitted to do so in writing by the State Government.

No police officer shall be at liberty to withdraw himself from duties unless expressly allowed to do so by the officer authorised to grant such permission.

It shall be lawful for the police officer to lay any information before a Magistrate having jurisdiction, and to apply for a summon, warrant, search warrant or such other legal process as may by law, be issued against any person committing an offence.

(1) It shall be the duty of every police officer to take charge of all unclaimed property, and to furnish an inventory thereof to the Police Station having jurisdiction. (2) The manner of disposal of such property shall be such as may be directed by the District Magistrate or Sub-Divisional Magistrate as the case may be.

It shall be the duty of every officer in charge of a police station to keep a general diary in such form and manner as may be prescribed.

(1) The State Government may prescribe the forms and the manner of returns to be submitted to it by the Director General of Police. (2) The Director General of Police may specify by an order the form and the manner of returns to be furnished to him by other police officers.

(1) The State Government may prescribe uniform, insignia and accoutrements for police officers or class of police officers as the case may be. (2) The Director General of Police may from time to time, issue directions for wearing of uniforms and carrying of insignia and accoutrements.

(1) The State Government may, by general or special order, create in any Police District, sub division or as the case may be, Police Station, a Special Crime Investigation Unit, headed by an officer not below the rank of Sub-Inspector of Police. (2) The police officers posted to such units shall not be assigned to any other duty except under very special circumstances with the permission of the Director General of Police. (3) The Director General of Police may by general or special order, specify the offences which may be investigated by the Special Crime Investigation Unit.

Subject to any checks and restrictions as may be specified by an order by the State Government -(a) The District Superintendent of Police may temporarily reserve by public notice, any street or other public place for any public purpose and regulate the movement of persons and vehicles in the area so reserved; and (b) The District Superintendent of Police may in the interest of general public authorize any police officer to raise barrier and other necessary structures on public roads and streets for maintenance of public order or to check vehicle or occupant thereof for prevention and detection of any crime.

(1) The District Superintendent of Police may issue general or special order for regulating all assemblies and processions on the public roads or in public streets or thoroughfares and prescribe the routes by which and the times at which such processions may pass: Provided that where the District Superintendent of Police is satisfied that it is intended by any person or class of persons to convene or collect an assembly on such road, street or thoroughfare or to form a procession which would, if uncontrolled be likely to cause a breach of peace, he may direct such persons or class of persons to seek permission from the District Magistrate or Sub-Divisional Magistrate as the case may be. (2) The District Magistrate or Sub-Divisional Magistrate may grant the requisite permission with such condition as he may deem appropriate: Provided that he may refuse to grant permission to convene or collect as assembly in such road, street or thoroughfare or form a procession which would in his opinion, be likely to cause a breach of the peace. (3) Any police officer on whom the responsibility to regulate a public assembly or procession is enjoined upon may stop any procession which does not possess the permission referred to in sub-section (2) or which, in his opinion, violates the condition of the permission, and may order any such procession or any such assembly to disperse. (4) Any procession or assembly which neglects or refuses to obey an order given under the preceding sub-section shall be deemed to be an unlawful assembly. (5) The District Superintendent of Police may in the interest of general public issue orders for regulating the entry or exit or hour of operation of a public place. (6) The District Superintendent of Police may by an order require every owner of a household, a shop or a public premise, to furnish details of a tenant, lessee, licensee, person engaged for domestic help or otherwise in occupation of the premises in the form prescribed by him for this purpose.

The District Superintendent of Police may from time to time issue directions for regulating the use of public roadru in respect of motorists, cyclists, pedestrians and persons accompanying animals, and for regulating the parking of vehicles including bicycles, with a view to ensure smooth and orderly movement of traffic.

The State Government may, by notification confer on any person any of the powers which may be exercised by a police officer under any Act for the time being in force and such person shall be subject to the order of the District Superintendent of Police.

The District Superintendent of Police shall constitute in the manner prescribed, one or more Community Liaison Groups consisting of representatives of the community for each police station, to aid and assist the Police Force in the discharge of its functions.

(1) The State Government may as soon as may be establish a State Police Accountability Authority (hereinafter referred to as "Authority"). (2) Authority may be provided with such secretarial assistance as the State Government may determine from time to time by a general or special order.

The Authority shall have four members appointed by the State Government, with a credible record of integrity and commitment to human rights and shall consist of - (1) A retired judge of High Court or retired judge of Higher Judicial Service, who was at the time of superannuation qualified to become a judge of High Court, who shall be Chairperson of the Authority; (2) A retired Police officer superannuated in the rank of Additional Director General of Police or above; (3) A retired civil servant superannuated in the rank of Secretary to the State Government or above; (4) A person of repute and standing from the civil society ordinarily residing in the State of Chhattisgarh: Provided that at least one member of the Authority shall be a woman.

A person shall not be eligible to be a member of the Authority if he - (a) Is not a citizen of India; (b) Is above 70 years of age; (c) Is serving in any police, military or allied organization or has so served during twelve months preceding such appointment; (d) Is employed as a public servant; (e) Is a Member of Parliament or the Legislature of State or a local body; or is an office-bearer of any political party or any organization connected with a political party; (f) Has been convicted for any criminal offence involving moral turpitude or for an offence punishable with imprisonment of one year or more; (g) Is facing prosecution for any offence mentioned in clause (f) above and against whom charges have been framed by a court of law; or (h) Is of unsound mind declared by a competent court.

(1) The term of office of a member, and the chairperson, shall be two years and may be eligible for re-appointment for another term. (2) He may resign from the office at any time before the expiry of his term. (3) The remuneration, allowances and other terms and conditions of service of the members shall be such as may be notified, by the State Government from time to time. Any member or Chairperson may be removed from office, on a recommendation being made by the Authority by a majority of three-fourth of members by an order of the State Government on the grounds of -(a) Proven misconduct or misbehaviour; (b) Persistent neglect to perform duties of the Authority; (c) Occurrence of any situation that would make a member ineligible for appointment to the Authority under Section 40; or (d) The member concerned engaging himself during his term of office in any paid employment outside the duties of his office.

Any member or Chairperson may be removed from office, on a recommendation being made by the Authority by a majority of three-fourth of members by an order of the State Government on the grounds of - (a) Proven misconduct or misbehaviour; (b) Persistent neglect to perform duties of the Authority; (c) Occurrence of any situation that would make a member ineligible for appointment to the Authority under Section 40; or (d) The member concerned engaging himself during his term of office in any paid employment outside the duties of his office. (1) The power and function of the Authority shall be as follows:-(a) To inquire into allegations of "serious misconduct" against police personnel on a complaint:-(i) received from a victim or a close relative of the victim supported by an affidavit; (ii) referred to it by the State Government. (b) To carry out such other functions as the State Government may, from time to time, specify by an order. Explanation:-"Serious misconduct" for the purpose of this Chapter means:-Any malafide act of omission or commission by a police officer that leads to or amounts to,-(i) (a) Death; or (b) Rape or attempt to commit rape; or (c) Grievous hurt in Police custody; or in the Custody of Police; or (ii) Such other acts as may be specified by State Government by an order of the State Government. (2) Notwithstanding anything contained in forgoing sub-sections the Authority shall not take cognizance of a complaint in cases which are already being enquired into by the National Human Rights Commission, State Human Rights Commission or is a subject matter under the Commission of Enquiries Act or is sub-judice. (3) No cognizance shall be taken by the Authority in any complaint received after six months from the date of occurrence. (4) The Authority shall while enquiring into the matter or performing any function under sub-section (1) has all the power of a civil court trying a suit and, in particular in respect of the following matter namely:-(a) summoning and enforcing the attendance of any person from any part of India and examining him on oath; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents; and (f) any other matter which may be prescribed. (5) The Authority shall submit the report to the State Government and also make recommendations, wherever it deems fit.

(1) The State Government shall, for the purpose of collecting intelligence relating to such matters as may be prescribed, create an Intelligence Wing in the Police Department under the direct control of the Director General of Police. (2) The Intelligence Wing shall be headed by an officer of the rank of Additional Director General of Police or Inspector General of Police as the State Government may determine. (3) The Intelligence Wing shall be responsible for collection, collation, analysis and dissemination of intelligence as per the functional requirement. (4) The Intelligence Wing shall discharge the following functions: (a) collecting intelligence on matters that affect the public peace and internal security of the State; (b) collecting intelligence on activities of individuals or organizations creating or inciting communal or social disharmony; (c) gathering intelligence on major organized crime; (d) protecting vital installations, important State dignitaries and VIPS; (5) The State Government shall ensure that the Intelligence Wing is adequately staffed and provided with necessary resources. (1) The power and functions of the Authority shall be as follows:- (a) To inquire into allegations of "serious misconduct" against police personnel on a complaint: (i) received from a victim or a close relative of the victim supported by an affidavit; (ii) referred to it by the State Government. (b) To carry out such other functions as the State Government may, from time to time, specify by an order. Explanation:-"Serious misconduct" for the purpose of this Chapter means: Any malafide act of omission or commission by a police officer that leads to or amounts to, - (i) (a) Death; or (b) Rape or attempt to commit rape; or (c) Grievous hurt in Police custody; or in the Custody of Police; or (ii) Such other acts as may be specified by State Government by an order of the State Government. (2) Notwithstanding anything contained in forgoing sub-sections the Authority shall not take cognizance of a complaint in cases which are already being enquired into by the National Human Rights Commission, State The State Government may by general or special order, specify such measures as deemed appropriate, for the welfare of the Police Officers.

(1) The State Government shall, while ensuring separation of investigation of crime from law and order, designate police stations or specialized units to focus on investigation of defined crimes. (2) The State Government shall ensure that the personnel in the Investigation Wing are adequately trained and provided with the necessary resources. (3) The Investigation Wing shall be responsible for: (a) investigation of serious crimes; (b) investigation of organized crimes; (c) investigation of such other crimes as the State Government may notify. (1) The State Government may by notification, constitute funds for the police personnel. (2) The funds shall be administered and audited in such manner as may be prescribed. (3) The following sums shall be credited to the funds, namely:-(a) any grant made by the State Government; (b) contribution made in the fund by police personnel; or (c) any other grant, donation bequest made for the purpose of the funds.

(1) The State Government may by notification set-up a Police Welfare Bureau for implementing welfare measures for police personnel. (2) The State Government may specify composition, functions and responsibilities of the Police Welfare Bureau.

(1) The State Government shall establish a State Police Accountability Commission consisting of such number of members as may be prescribed. (2) The Commission shall be responsible for monitoring the performance of the police, ensuring accountability for misconduct and recommending appropriate action. (1) The State Government may prescribe the mechanism and the procedure for the redressal of the grievance of police officers. (2) Such mechanism shall ensure set-up for grievance redressal at the Police District, Police Range, Police Zone and Director General of Police level and shall ensure that every police officer has the right of at least one appeal if he is not satisfied with the disposal of his grievance.

(1) Any police officer who is found guilty of any of the following offences, shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to Rs. 1,000 or with both: (a) willfully breaching or neglecting any provision of law, ordinance or regulation which he is bound to observe; (b) cowarding in the discharge of his duty; (c) being found in a state of intoxication whilst on duty. (2) The disciplinary authority shall have the power to impose punishment accordingly. (3) If any person, not being a police officer, wears the uniform of the police without lawful authority, he shall be punished with a fine of Rs. 500. (4) Nothing in this section shall affect the provisions of Indian Penal Code or any other law for the time being in force. [Omitted]

Whoever not being a police officer wears a police uniform or any dress having the appearance or bearing any of the distinctive marks of that uniform without being authorized by the State Government or as the case may be, an officer authorised by the State Government shall in addition to punishment provided in any other Law for time being enforce be punished with imprisonment not exceeding six months or fine or with both.

(1) The State Government may make rules for carrying out the purpose of this Act: Provided That existing State Police regulation shall continue to be in force till altered or repealed. (2) All rule made under this Act shall be laid before the State Legislature as soon as possible.

(1) Subject to the provisions of this Act and rules made thereunder the Director General of Police may with prior approval of the State Government frame regulations for:-(a) Prevention and investigation of crime; (b) Inspection of the police organisation, and of the work performed by police officers; (c) Determining the description and quantity of, of arms, accoutrements, clothing and other articles of wearing and carrying to be provided to the State Police; (d) Assigning duties of officer 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; (e) Collection and communication of intelligence and information by the police; (f) Prescribing the records, registers and forms to be maintained and the returns to be submitted by different police units and officers; (g) Generally for the purpose of rendering the police more efficient and preventing abuse of power and neglect of duties by them; and (h) Such other matter as the State Government by a notification, may direct: Provided that existing State Police regulation shall continue to be in force till altered or repealed. (2) Regulations and its amendment made under this Act shall be notified in the Official Gazette and such notification shall become into force after its publication in the Official Gazette. (3) Any other matter as determined by the State Government by an order published in the Official Gazette.

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by an order to be published in the Official Gazette, make such provisions, not inconsistent with this Act, as it deems necessary or expedient for removing the difficulty: Provided that no order under this section shall be made after expiry of three years from the date of commencement of the Act. (2) Every order issued under this section shall, as soon as possible, be laid before the State Legislature.

(1) The Indian Police Act, 1861 (No. 5 of 1861) in its application to the State of Chhattisgarh is hereby repealed. (2) The repeal under sub-section (1) shall not affect the previous operation of any enactment so repealed and anything done or action taken or deemed to have been done or taken (including any appointment made or delegation made, notification, order, sanction or notice issued, regulation or rules made) by or under the provisions of the repealed enactment shall, insolar as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the provisions of this Act, and shall continue in force unless and until superseded by anything done or any action taken under this Act.