Chapter III A

STATE SECURITY COMMISSION, POLICE ESTABLISHMENT BOARD AND POLICE COMPLAINTS AUTHORITY

The State Security Commission.--(1) The Government may, by notification in the Official Gazette constitute a State Security Commission for the purpose of exercising such functions and discharging such duties as may be assigned to the Commission under this Act.

1. (2) The Commission shall consists of the following members, namely:--
   • (i) The Minister in-charge of Home Department who shall be the Chairman;
   • (ii) The Minister in-charge of Law;
   • (iii) The Leader of Opposition;
   • (iv) The Chief Secretary-- ex-officio;
   • (v) The Secretary to Government, Home Department -- ex-officio;
   • (vi) The Director General of Police-- ex-officio;
   • (vii) Three non-official members, who shall be persons of eminence in public life with wide knowledge and experience in law and order administration, human rights, law, social service, management of public administration, nominated by the Governor.
2. (3) The Director General of Police shall be the Secretary of the Commission.
3. (4) Every member nominated under clause
   • (vii) of sub-section (2), shall unless their seats become vacant earlier by resignation, death or otherwise, hold office for a period of three years and shall be eligible for re-nomination.
4. (5) If a non-official member of the Commission is absent without sufficient cause for more than three consecutive meetings thereof, the Chairman of the Commission may, remove such member from the membership of the Commission: Provided that no member shall be removed under the provisions of this sub-section except after giving him a reasonable opportunity of showing cause against such removal.
5. (6) Any non-official member of the Commission, may resign his office by giving notice in writing, of his intention so to do, to the Chairman, and on such resignation being accepted, he shall be deemed to have vacated his office.
6. (7) The Commission shall regulate its own procedure and the conduct of the business to be transacted by it.
7. (8) The fees and allowances payable to the nominated members of the State Security Commission and their conditions of service shall be such as may be prescribed.

Functions of the Commission.--(1) The Commission shall have the following functions, namely:--

1. (a) to frame the broad policy guidelines for the functioning of the police force in the State;
2. (b) to issue directions for the performance of the preventive tasks and service oriented functions of the police;
3. (c) to evaluate, from time to time, the performance of the police in the State in general;
4. (d) to prepare and submit an yearly report of its functions to the Government; and
5. (e) to discharge such other functions as may be assigned to it by the Government.

1. (2) The report submitted by the Commission under clause
   • (d) of sub-section
2. (1) shall, on receipt, be placed before the Legislative Assembly.
3. (3) No act or proceedings of the Commission shall be deemed to be invalid merely by reason of any vacancy at the time of any such act or proceedings is done or passed.
4. (4) Notwithstanding any guidelines or directions issued by the Commission, the Government may issue such directions as it deems necessary on any matter, if the situation so warrants, to meet any emergency.
5. (5) The directions of the Commission shall be binding on the Police Department.

Police Establishment Board Police Establishment Board.--

1. (1) The State Government may constitute a Police Establishment Board which shall be a departmental body consisting of the Director General of Police as Chairman and four other senior Police Officers of the Department of the rank of Additional Director General of Police as members.
2. (2) The term of office of the members of the Board, the procedure for the functioning of the Board and the guidelines to be followed by the Board in the exercise of its functions shall be in such manner as may be prescribed.

Functions of the Board.-- The Board shall discharge the following functions, namely:--

1. (a) to decide on appeals, complaints and general guidelines relating to all transfers , postings, promotions and other service related matters of police officers of and below the rank of Inspector of Police, subject to the provisions of the relevant service laws as may be applicable to each category of police officers;
2. (b) to review the functioning of the police in the State either in general or with regard to specific instances; and
3. (c) to discharge such other functions as may be assigned to the Board by the Government.

1. (2) The Government shall give due consideration to the recommendations of the Board.
2. (3) The Government may, either suo motu or on a representation filed by the affected person, for reasons to be recorded in writing, set aside or modify any decision or order of the Board.

Police Complaints Authority.--

1. (1) The Government shall establish a Police Complaints Authority at the State level to look into
   • (i) complaints of grave misconduct of all types against police officers of and above the rank of Superintendent of Police;
   • (ii) serious complaints against officers of other ranks relating to molestation of women in custody or causation of death to any person or infliction of grievous hurt to any person or rape.
2. (2) The State Authority shall consist of the following members, namely:--
   • (i) a retired judge of a High Court who shall be the Chairman of the Authority;
   • (ii) a serving officer of the rank of Principal Secretary to Government; and
   • (iii) a serving officer of the rank of Additional Director General of Police.
3. (3) The Government shall establish Police Complaints Authority at the district level to look into complaints against police officers of and up to the rank of Deputy Superintendent of Police.
4. (4) The District Authority shall consist of the following members, namely:--
   • (i) a retired District judge, who shall be the Chairman;
   • (ii) the District Collector; and
   • (iii) the District Superintendent of Police; Provided that the Chairman of one District Authority may be appointed as the Chairman of one or more District Authorities.
5. (5) The conditions of service, remuneration and other allowances of the members of the State Authority and District Authorities and the procedure for functioning of the authority or authorities shall be in such manner as may be prescribed.
6. (6) The Government shall, in consultation with the authority or authorities, provide all necessary facilities for their proper functioning.
7. (7) The State Authority and the District Level Authorities shall, while conducting enquiry, have all the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) in respect of the following matters, namely:--
   • (a) summoning and enforcing the attendance of any person and examining him on oath;
   • (b) requiring the discovery and production of any document;
   • (c) receiving evidence on affidavit; and
   • (d) any other matter which may be prescribed.
8. (8) All agencies of the Government shall render all possible assistance to the authority or authorities in respect of production of documents, examination of records, analysis of evidence or provision of expert assistance in any matter in which such authority or authorities or an officer acting under the orders of such authority or authorities requires their assistance.
9. (9) The recommendations of the Authority or Authorities, for any action, departmental or criminal, against a delinquent police officer shall be binding in so far as initiation of departmental proceedings or registration of a criminal case is concerned. Such recommendation shall, however, not prejudice the application of mind by the enquiry officer or the investigating officer when he is conducting the departmental enquiry or criminal investigation, as the case may be.