Chapter III Chapter III

Subject to the orders of the State Government the Commissioner in the case of the Police Force allocated to Greater Bombay and other areas for which he bas been appointed and the Inspector-General in the case of the Police Force allocated to other areas, may make rules or orders not inconsistent with this Act or with any other enactment for the time being in force-(a) regulating the inspection of the Police Force by his subordinates; (b) determining the description and quantity of arms, accoutrements, clothing and other necessaries to be furnished to the Police; (c) prescribing the places of residence of members of the Police Force; (d) for institution, management and regulation of any Police fund for any purpose connected with police administration; (e) regulating, subject to the provisions of Sec. 17, the distribution movements and location of the Police; (f) assigning duties to Police officers of all ranks and grades, and prescribing -(i) the manner in which, and (ii) the conditions subject to which, they shall exercise and perform their respective powers and duties: (g) regulating the collection and communication by the Police of intelligence and information; (h) generally, for the purpose of rendering the Police efficient and preventing abuse or neglect of their duties.

(1) The Inspector-General may, subject to the rules and orders of the State Government, call for such returns, reports and statements on subject connected with the suppression of crime, the maintenance of order and the performance of their duties as his subordinates may be able to furnish to him. The Inspector-General shall communicate to the District Magistrate and the Revenue Commissioner any general orders issued by him for the purposes aforesaid or in consequence of the information furnished to him, and also any orders which the State Government may direct. (2) The Commissioner may subject as aforesaid with reference to the area under his charge, call for such reports, returns and statements as are provided for in sub-section (1).

(1) The State Government or any officer authorised by sub-section (2) in that behalf may suspend, reduce, dismiss or remove an Inspector or any member of the subordinate ranks of the Police Force whom he shall think cruel, perverse, remiss or negligent in the discharge of his duty or unfit for the same, and may fine in an amount not exceeding Rs. 1 month's pay, any member of the subordinate ranks of the Police Force, who is guilty of any breach of discipline or misconduct or any act rendering him unfit for the discharge of his duty, which does not require suspension or dismissal. (2) Punitive powers of Inspector-General, Commissioner, Deputy Inspector-General including Director of Police Wireless and Superintendent and Principal of Training Institute. (a) The Inspector-General, the Commissioner and the Deputy Inspector-General (including the Director of Police Wireless) shall have authority to punish an Inspector or any member of the subordinate ranks under sub-section (1). A Superintendent shall have the like authority in respect of any Police officer subordinate to him below the grade of Inspector and may suspend an Inspector who is subordinate to him pending inquiry into a complaint against such Inspector and until an order of the Inspector-General or Deputy Inspector-General (inc1uding the Director of Police Wireless) can be obtained. (b) The Principal of a Police Training College shall also have the like authority in respect of any member of the subordinate ranks of the Police Force below the grade of inspector undergoing training at such College or serving under him, and in respect of head constables and constables belonging to the Police Force of the District in which such college is situate or of any other district all attached to such school for duty under him. He may also suspend an Inspector who is undergoing training at such college or subordinate to him pending inquiry into a complaint against such Inspector and until an order of the Inspector-General or Deputy Inspector General can be obtained. (ba) The Principal of a Police Training School shall have authority to impose a punishment of reduction and fine in the like circumstances and to the like extent, for the demeanors, mentioned in sub-section (1) on any head constable and constable undergoing training at such school or serving under him, or attached to such school for duty under him. (c) The exercise of any power conferred by this sub-section shall be subject always to such rules and orders as may be made by the State Government in that behalf. (3) Nothing in sub-sections (1) and (2) (a) shall affect any Police officer's liability to a criminal prosecution for any offence with which be may be charged; or (b) shall entitle any authority subordinate to that by which the Police officer was appointed to dismiss or remove him.

When any officer passes an order for fining, suspending, reducing, removing or dismissing a Police officer, be shall record such order or cause the same to be recorded, together with the reasons therefore and a note of the inquiry made, in writing, under his signature. Provided that no order for reducing, removing or dismissing a Police officer shall be passed without giving him a reasonable opportunity of showing cause against the action proposed to be taken against him except in cases referred to in the proviso (a) to CI. (2) of Art. 311 of the Constitution.

An appeal against any order passed against a Police officer under Sec. 25 or the rules or orders thereunder shall lie to the State Government itself or to such officer as the State Government may by general or special order specify.

(1) Every Police officer not on leave or under suspension shall for all purposes of this Act be deemed to be always on duty, and any Police officer or any number or body of Police officers allocated for duty in one part of the State may, if the State Government or the Inspector General so directs, at any time, be employed on Police duty in any other part of the State for so long as the services of the same may be there required. (2) Intimation of proposed transfers to be given by the Inspector-General to the Commissioner and District Magistrate. Timely intimation shall, except in cases of extreme urgency, be given to the Revenue Commissioner and the District Magistrate by the Inspector-General, of any proposed transfer under this section, and, except, where secrecy is necessary the reasons for the transfer shall be explained; whereupon the officers aforesaid and their subordinates shall give all reasonable furtherance to such transfer. (2) [The text of sub-section (2) relating to compensation] lawful occupier of such building or place suffers substantial loss or injury by reason of the action taken under sub-section (l) he shall be entitled, on application made to the authority concerned within one month from the date of such action, to receive reasonable compensation for such loss or injury, unless such action was in the opinion of such authority rendered necessary either by the use to which such building or place was put or intended to be put or by the misconduct of persons having access thereto. (3) In the event of any dispute in any case under sub-section (2) the decision of the Chief Presidency Magistrate or the District Magistrate, shall be conclusive as to the amount (if any) to be paid, and as to the person to whom it is hi be paid.

(1) No Police officer of the grade of Inspector or of the subordinate rank shall resign his office or withdraw himself from the duties thereof except with the written permission of the Commissioner or the Deputy Inspector-General, Criminal Investigation Department, or of the Principal of a Police Training College or of the District Superintendent or of some other Police officer empowered by the Inspector-General or the Commissioner to grant such permission: Provided that subject to the provisions of sub-section (2), no such permission shall be granted to any such Police officer until he has fully discharged any debt due by him as such Police officer to Government or to any Police fund. (2) If any such Police officer produces a certificate signed by the Police Surgeon or the Civil Surgeon declaring him to be unfit by reason of disease or mental or physical incapacity for further service in the Police, the necessary written permission to resign shall forthwith be granted to him on his discharging or giving satisfactory security for the payment of any debt due by him as such Police officer to Government or to any Police fund. (3) Arear of pay of a Police officer contravening this section may be forfeited. If any such Police officer as aforesaid resigns or withdraws himself from the duties of his office in contravention of this section, be shall be liable on the order of the Commissioner, or the Deputy inspector-General, Criminal Investigation Department or of the Principal of the Police Training College or of the Superintendent as the case may be, to forfeit all arrears of pay then due to him. This forfeiture shall be in addition to the penalty to which the said officer is liable under Sec. 145 of this Act or any other law in force.

(l) Every person who for any reason ceases to be a police officer shall forthwith deliver up to some officer empowered by the Commissioner or the Deputy Inspector-General, Criminal Investigation Department, or the Principal of the Police Training College or the District Superintendent to whom such Police officer is subordinate to receive the same, his certificate of appointment or of office and the arms, accoutrements, clothing and other necessaries which have been furnished to him for the performance of duties and functions connected with his office. (2) If not delivered up may be seized under a search warrant. Any Magistrate and, for special reasons which shall be recorded in writing at the time the Commissioner or the Deputy Inspector-General, Criminal Investigation Department. or the Principal of the Police Training College or any Superintendent Assistant Superintendent or Deputy Superintendent may issue a warrant to search for and seize, wherever they be found, any certificate, arms, accoutrement, clothing or other necessaries not so delivered up. Every warrant so issued shall be executed in accordance with the provisions of the Code of Criminal Procedure, 1898 (V of 1898), by a Police officer or, if the Magistrate, the Commissioner, the Deputy Inspector-General, Criminal Investigation Department, the Principal of the Central Police Training School, Nasik, the District Superintendent, the Assistant Superintendent or the Deputy Superintendent issuing the warrant so directs, by any other person. (3) Saving of certain articles. Nothing in this section shall be deemed to apply to any article which, under the orders of the Inspector-General, or the Commissioner, as the case may be, has become the property of the person to whom the same was furnished.

(1) Any police officer occupying any premises provided by the State Government for his residence - (a) shall occupy the same subject to such conditions and terms as may generally or in special cases, be specified by the State Government, and (b) shall, notwithstanding anything contained in any law for the time being in force vacate the same on his ceasing to be a Police officer or whenever the State Government or any officer authorized by the State Government in this behalf thinks it necessary and expedient to require him to do so. (2) If any person who is bound or required under sub-section (1) to vacate any premises fails to do so, the State Government or the officer authorised in this behalf by the State Government may order such person to vacate the premises and may direct any Police officer with such assistance as may be necessary to enter upon the premises and remove therefrom any. person found therein and to take possession of the premises and deliver the same to any person specified in the direction.

The State Government, whenever it shall seem necessary, may by notification in the Official Gazette make an order to such effect as any order if made by a Magistrate under Sec. 144 of the Code of Criminal Procedure, 1898 (V of 1898), could be continued in force by the State Government under the said Code.