Chapter II Chapter II

Organisation of the Police

Constitution of Police force.- The entire police establishment of the State shall be deemed to be one police force and shall consist of such number of superior and subordinate police officers and shall be otherwise constituted in such manner, as may, from time to time, be ordered by the Government.

Separation of Investigation from Law and Order.--

1. (1) The Government may, having regard to the population in an area or the circumstances prevailing in such area, by order, separate the investigating police from the law and order police in such area as may be specified in order to ensure speedier investigation, better expertise and improved rapport with people.
2. (2) The Superintendent of Police shall ensure the full co-ordination between the two wings of the police force separated under sub-section (1).

Insertion of new section 57A .- After section 57 of the principal Act, the following section shall be inserted, namely:- “57A. Contravention of prohibition made under section 21A.-Whoever contravenes any prohibition made under section 21A shall, on conviction, be liable to imprisonment for a term which may extend to six months, but which shall not be less than three months, and with fine which may extend to two thousand rupees.”.

Minimum Tenure of Police Officers.--

1. (1) The Government may ensure a normal tenure of two years from the date of assuming charge of the post to the Director General of Police and to all Inspector Generals of Police in charge of Ranges, Superintendents of Police in charge of Districts and Station House Officers in charge of Police Stations: Provided that the normal tenure shall not be applicable in cases of superannuation, promotion, reversion, suspension and leave.
2. (2) The Government or the appointing authority may, without prejudice to any other legal or departmental action, transfer any police officer before completing the normal tenure of two years, on being satisfied prima facie that it is necessary to do so on any of the following grounds, namely:--
   • (a) if he is found incompetent and inefficient in the discharge of duties so as to affect the functioning of the police force;
   • (b) if he is accused in a criminal case involving moral turpitude;
   • (c) initiation of departmental proceedings against him;
   • (d) if he exhibits a palpable bias in the discharge of duties;
   • (e) misuse or abuse of powers vested in him;
   • (f) incapacity in the discharge of official duties;
   • (g) initiation for an enquiry against him by competent authority on a grave allegation of corruption or indifference in the discharge of duty;
   • (h) if his conduct has been adversely commented upon by any judicial authority;
     • (i) disorder or rampant crime on his area of jurisdiction.
   • (j) public dissatisfaction with the effectiveness of policing in the jurisdiction; and
   • (K) if he request to be transferred from the post;”

Control and direction by District Magistrate.- The police force within the local jurisdiction of a District Magistrate shall be under the general control and direction of such Magistrate.

Dismissal suspension or reduction of officers of the subordinate Police Dismissal suspension or reduction of officers of the subordinate Police.- Subject to the provisions of Article 311 of the Constitution and to such rules as the Government may, from time to time, make under this Act, the Inspector General, Deputy Inspector-General, Assistant Inspector-General and Superintendents of Police may, at any time, dismiss, remove, suspend or reduce to a lower post or time scale or to a lower stage in time scale, any officer of the subordinate police whom they shall think remiss or negligent in the discharge of his duty or otherwise unfit for the same, and may order the recovery from the pay of any such police officer of the whole or part of any peecuniary loss caused to the Government by his negligence or breach of orders.

Subordinate Police Officers to receive certificates of office .-

1. (1) Every person appointed as an officer of the subordinate police shall be formally enrolled and shall receive on his enrolment a certificate under the seal of the Inspector-General by virtue of which he shall be vested with the powers, functions and privileges of a police officer.
2. (2) Such certificate shall cease to have effect whenever the person named in it ceases for any reason to be a police officer.
3. (3) A police officer shall not by reason of being suspended from office cease to be a police officer. During the team of such suspension, the powers, functions and privileges vested in his as a police officer shall be in abeyance, but he shall continue subject to the same responsibilities, discipline and penalties and to the same authorities as if he had not been suspended.

Additional Police Officers employed at cost of individuals .- The Inspector General may, if he thinks fit, on the application of any person showing the necessity thereof, depute any additional number of police officers to keep the peace at any place within the State for such time as he deems necessary. Such force shall be under the orders of the Superintendent of Police of the District, and shall be at the charge of the person making the application: Provided always that it shall be lawful for the person on whose application such deputation shall have been made, on giving thirty days' notice in writing to the Inspector-General, to require that the officers so deputed be withdrawn; and such person shall be relieved from the charge of such additional force from the expiration of such notice.

Additional force in neighbourhood of the railway and other works .-Whenever any railway, canal or other public work or any manufactory or commercial concern is carried on or is in operation, in any part of the State and it appears to the Inspector-General that the employment of additional police force in such place or neighbourhood is rendered necessary by the behaviour or reasonable apprehension of the behaviour of the persons employed in such work, manufactory or concern he may with the sanction of the Government, direct the employment of such additional force, to such place or neighbourhood and maintain the same so long as such necessity continues; and make orders from time to time upon the person having the control or custody of the funds used in carrying on such work, manufactory or commercial concern for the payment of the additional police force so rendered necessary and such person shall thereupon cause payment to be made accordingly.

Recovery of moneys payable under sections 8 & 9 .-(1) All moneys payable under sections 8 and section 9 shall be recoverable by the District Magistrate in the manner provide for the recovery of fines under the Code of Criminal Procedure, 1898.

1. (2) All moneys paid or recovered under section 8 and section 9, shall be credited to the Government and shall be applied to the maintenance of the police under such orders as the Government may pass.

Special police officers -When it appears that any unlawful assembly or riot or disturbance of the peace has taken place, or may be reasonably apprehended, in any place, and that the police ordinarily employed for preserving the peace is not sufficient for its preservation, and for the protection of the inhabitants and the security of property in such place, any police officer not below the rank of an Inspector may apply to the District Magistrate exercising jurisdiction over the area to appoint as many able-bodied men between the ages of 18 and 55, as such police officer may require to act as special police officer for such time and in such manner as he may deem necessary; and it shall be the duty of such Magistrate unless he sees cause to the contrary, to comply with such application:

Powers of special police officer Powers of special police officer .-Every special police officer so appointed shall receive a certificate in the prescribed form, have the same powers, privileges and protection and be liable to all such duties and penalties, and be subordinate to the same authorities, as the ordinary officer of police.

Punishment for refusal to serve.- If any person, being appointed a special police officer as aforesaid without sufficient excuse, neglects or refuses to serve as such or to obey such lawful order or direction as may be given him for the performance of his duties, he shall be liable, upon conviction before a Magistrate, to fine not exceeding fifty rupees for such neglect, refusal or disobedience: Provided that no person shall be prosecuted for any of the aforesaid offences, unless notice has been served on him to show cause why be should not be prosecuted and an opportunity given to him to be heard.