Chapter X Training, Research and Development

The State Government shall evolve a Training-cum-Education Policy for the police, keeping in view the current and anticipated requirements of policing. The Policy will, as far as possible, take into account any guidelines in respect of police training as may be issued by the Union Government from time to time. The training policy shall aim at achieving the objectives of imparting knowledge in police subjects, developing of professional skills, inculcating the right attitudes, and promoting constitutional and ethical values among police personnel.

The Training Policy shall ensure that police personnel are adequately trained to efficiently perform their job. Successful participation in appropriate training programmes shall be linked, as far as possible, to the promotion of police personnel of different ranks, and to their postings to different assignments, in a structured manner, as notified by the State Government from time to time.

The State Government shall create and upgrade, from time to time, the infrastructure and capabilities of their training institutions in consonance with the holistic training needs of police personnel of different ranks, which shall include, besides all types of specialized training, a compulsory refresher training course of appropriate duration, for all ranks at regular intervals. For this purpose, the State Government shall also create a suitable training centre with the requisite infrastructure in each Police District or Armed Police Battalion, as the case may be.

The State Government shall ensure that full advantage is taken of the training facilities available in central and regional police training institutions, to adequately train police personnel of the state in specialized professional subjects, and to train the trainers of the state police training institutions.

In upgrading their training infrastructure as well as the content and methodologies of their training courses, the training institutions shall take maximum advantage of the standards and practices evolved or guidelines issued by organizations such as the Bureau of Police Research and, Development of Government of India, and the National Police Academy.

The State Government may establish a State Bureau of Police Research and Development with provision for appropriate staff, funds and other resources regularly to undertake research and analysis on all such subjects and issues which may lead to improvement in the standards of police functioning and performance. The State Government may also sponsor, in other reputed organizations and institutions, special studies and research in subjects having relevance to policing.

The State Government may also take appropriate measures to harness developing technology for scientific and technical assistance in the investigation and detection of crime, and other policing tasks.

(1) The State Government shall formulate a policy for career progression of police personnel in a manner that will ensure avenues for at least three promotions to meritorious officers in their career, through a transparent process in accordance with the provisions laid down in Mizoram Police manual. (2) Promotion to each rank in the Police Service shall be based on merit, which would include seniority, to be evaluated through the result of a qualifying examination or performance evaluation in respect of each officer. The Director General of Police shall, with the approval of the State Government, frame the evaluation criteria for each rank and category of police personnel.

Subject to the approval of the State Government, the Director General of Police shall make rules, regulations or issue orders, not inconsistent with this Act or with any other enactment for the time being in force for: (a) prevention and investigation of crime; (b) maintenance of law and order; (c) regulation and inspection of the police organization, and of the work performed by police officers; (d) determining the description and quantity of arms, accoutrements, clothing and other wherewithal to be provided to the Police Service; (e) prescribing the places of residence of members of the Police Service; (f) institution, management and regulation of any non-government fund for purposes connected with the police administration or welfare of police personnel; (g) regulation, deployment, movements and location of the police; (h) assigning duties to officers 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, (i) regulating the collection and communication of intelligence and information by the police; (j) prescribing the records registers and forms to be maintained and the returns to be submitted by different police units and officers; and (k) the purpose, generally, of rendering the police more efficient, and preventing abuse of power and neglect of duties by them.

(1) Subject to the provisions of Article 311 of the Constitution and the Rules and Regulations made under this Act, an officer of the rank of Superintendent of Police or above may award any of the following punishment to a police officer of a rank for which he is the appointing authority: (a) reduction in rank; (b) compulsory retirement; (c) removal from service; or (d) dismissal (2) Any police officer of the rank of Superintendent of Police or above, subject to the rules made in this behalf, may award any of the following punishments to any non-gazetted police officer subordinate to him: (a) reduction in pay; (b) withholding of increment (c) withholding of promotion; (d) fine not exceeding one month’s pay; or (e) reprimand or censure. (3) An Assistant Superintendent of Police or any officer of equivalent rank may award the punishment of reprimand or censure to an officer of or below the rank of Sub Inspector of Police. (4) Any officer of and above the rank of Inspector may award punishments to Constables and Head Constables, as prescribed. (5) Any punishment mentioned in sub-Sections (1), (2), (3) or (4), awarded to an officer, will not absolve him or her from any liability for prosecution for any criminal offence committed by him or her in the same transaction for which departmental action has led to award of punishment to him or her for any transgression of departmental rules.

(1) A police officer of or above the rank of Superintendent of Police may place a police officer of the rank of Sub-Inspector or below subordinate to him, under suspension: (a) where a disciplinary proceeding for award of punishment against him is contemplated or is pending; (b) where in the opinion of the aforesaid authority, there is a prima facie case that such officer has engaged himself in activities prejudicial to the Security of State for which an enquiry is contemplated or pending; or (c) where in the opinion of the aforesaid authority there is prima facie evidence in respect of any criminal offence under investigation, inquiry or trial. (2) Every order of suspension passed under this section shall be in writing, giving briefly the reasons. (3) Where an officer is placed under suspension, whether in connection with a disciplinary proceeding or otherwise, and another disciplinary proceeding is ordered against him during the currency of that suspension, the authority competent to place him under suspension may, An order of suspension so made shall be reviewed every 90(ninety) days by a Review Committee to be constituted by the Director General of Police and may at any time be revoked or modified, suo moto or on a representation made by the officer under suspension, by the authority which made the order or by any authority to which such authority is subordinate, on the basis of recommendation of the suspension Review Committee.

Suspension orders of officers of subordinate rank shall be made only by police officers above or of the equivalent rank of Superintendent of Police.

A police officer shall, in addition to any other delinquent act or behaviour, as specified in the relevant rules, be liable for disciplinary action for any of the following misconduct: (a) disobedience of lawful orders; (b) neglect of duty; (c) insubordination or any oppressive conduct; (d) unauthorized malingering or absence from duty; (e) act of cowardice; (f) misuse of authority; or (g) any act unbecoming of an officer.

An appeal against any order of punishment passed against an officer under Section 91 or any rules made there under, shall lie;- (a) where the order is passed by the Director General of Police, to the State Government; and (b) where the order is passed by an officer subordinate to the Director General of Police, to the officer next higher in rank in the police hierarchy who passed such order.

The State Government shall frame the Classification, Control and Appeals Rules for police personnel, which will, among other things, ensure timely disposal of disciplinary proceedings.

(1) Every 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 in any part of the state. (2) The State Government shall, however, ensure the grant of at least one day off in a week to all police personnel or make provision of appropriate compensatory benefits in lieu of such weekly off, if under extraordinary situations the same cannot be granted to any of them.

No police officer shall abdicate his duties or withdraw himself from his place of posting or deployment, without proper authorization. Explanation: An officer who, being absent on authorized leave, fails without reasonable cause to report for duty at the expiration of such leave, shall be deemed within the meaning of this Section to withdraw himself from the duties of his office.

No police officer shall engage in any other employment or office of profit whatsoever, other than his duties under this Act.

In addition to the already existing mechanisms, and functions, duties and responsibilities of the departmental authorities, accountability of the police shall be further ensured through the additional mechanisms detailed in this chapter.

The State Government shall, within three months of the coming into effect of this Act, establish a State-level Police Complaints Authority to be named as the State -Level Police Accountability Commission (“the Commission”), consisting of a Chairperson, Members and such other staff as may be necessary, to inquire into public complaints supported by sworn statement against the police personnel for serious misconduct and perform such other functions as stipulated in this Chapter.

The Commission shall have five members with a credible record of integrity and commitment to human rights and shall consist of;- (a) a retired High Court Judge or a retired IPS officer of the level of DGP from another state cadre, who shall be the Chairperson of the Commission; (b) a retired police officer, superannuated in the rank of Deputy Inspector General of Police and above; (c) a person with a minimum of 10 years of experience either as a judicial officer, public prosecutor, practicing advocate, or a professor of law; (d) a person of repute and standing from the civil society; and (e) a retired officer with experience in public administration from another state: Provided that at least one member of the Commission shall be a woman and not more than one member shall be a retired police officer.

A person shall be ineligible to be a member of the Commission, 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 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 Sub-section (h) above and against whom charges have been framed by a court of law; or (j) is of unsound mind and has been so declared by a competent court

(1) The term of office of a member, and the Chairperson, shall be three years unless;- (a) he resigns at any time before the expiry of his term; or (b) he is removed from the office on any of the grounds mentioned in Section 103. (2) Members shall be eligible for reappointment on the expiry of term, provided that no member shall be eligible to hold office for more than two terms. (3) The remuneration, allowances and other terms and conditions of service of the members shall be as notified by the State Government from time to time and shall not be varied to their disadvantage after appointment.

Any member of the Commission may be removed from office, on the recommendation of the Commission, by an order of the State Government on the grounds of;- (a) proven misconduct or misbehavior; (b) persistent neglect to perform duties of the Commission; (c) occurrence of any situation that would make a member ineligible for appointment to the Commission under Section 103; or (d) any member engaging himself during his term of office in any paid employment outside the duties of his office.

(1) Members of the Commission shall be assisted by adequate staff with requisite skills, for efficient discharge of their functions of the Commission. (2) The strength of the staff may be prescribed by the State Government, keeping in view the size of the state, its population, and the average number of complaints against the police, and shall be periodically reviewed and revised. (3) The staff shall be selected by the Commission, inter alia, on a contractual basis, through a transparent process. (4) The remuneration and other terms and conditions of service of the staff shall be as prescribed from time to time.

The Commission shall devise its own rules for the conduct of its business.

(1) The Commission shall inquire into allegations of “serious misconduct” against police personnel, as detailed below, either suo moto or on a complaint received from any of the following;- (a) a victim or any person on his behalf; (b) the National or the State Human Rights Commission; (c) the police or (d) any other source. Explanation: “Serious misconduct” for the purpose of this chapter shall mean any act or omission of a police officer that leads to or amounts to: (a) death in police custody ; (b) grievous hurt, as defined in Section 320 of the Indian Penal Code, 1860 (Act No 45 of 1860); (c) rape or attempt to commit rape; or (d) arrest or detention without due process of law. Provided that the Commission shall inquire into a complaint of such arrest or detention, only if it is satisfied prima facie about the veracity of the complaint. (2) The Commission may also inquire into any other case referred to it by the Director General of Police if, in the opinion of the Commission, the nature of the case merits an independent inquiry.

(3) The Commission may monitor the status of departmental inquiries or departmental action on the complaints of “misconduct” against gazetted officers of and above the rank of Deputy/ Assistant Superintendent of Police through a quarterly report obtained periodically from the Director General of Police, and issue appropriate advice to the police department for expeditious completion of inquiry, if in the Commission’s opinion the departmental inquiry or departmental action is getting unduly delayed in any such case;

Explanation: “Misconduct” in this context shall mean any willful breach or neglect by a police officer of any law, rule, regulation applicable to the police that adversely affects the rights of any member of the public, excluding “serious misconduct” as defined in sub-Section (1)

(4) The Commission may also call for a report from, and issue appropriate advice for further action or, if necessary, a direction for a fresh inquiry by another officer, to the Director General of Police when a complainant, being dissatisfied by the outcome of, or inordinate delay in the process of departmental inquiry into his complaint of “misconduct” as defined above, by any police officer, brings such matter to the notice of the Commission; and

(5) The Commission may lay down general guidelines for the state police to prevent misconduct on the part of police personnel.

(1) In the cases directly enquired by it, the Commission shall have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, and in particular in respect of the following matters;- (a) summoning and enforcing the attendance of witnesses and examining them on oath; (b) 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 authorities for the examination of witnesses or documents; and (f) any other matter as may be prescribed.

(2) The Commission shall have the power to require any person, subject to legal privilege, to furnish information on such points or matters as, in the opinion of the Commission, may be useful for, or relevant to, the subject matter of the inquiry, and any person so required shall be deemed to be legally bound to furnish such information within the meaning of Sections 176 and 177 of the Indian Penal Code, 1860 (Act No 45 of 1860).

(3) The Commission shall be deemed to be a civil court, and when any offence, as defined in Sections 175, 178, 179, 180 or 228 of the Indian Penal Code, 1860 (Act No 45 of 1860), is committed in the view or presence of the Commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973 (Act No 2 of 1974), forward the case to a Magistrate having jurisdiction to try the same. The Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case has been forwarded to him under Section 346 of the Code of Criminal Procedure, 1973 (Act No 2 of 1974).

(4) Every proceeding before the Commission shall be deemed to be a judicial proceeding within the meanings of Sections 193 and 228, and for the purposes of Section 196 of the Indian Penal Code, 1860 (Act No 45 of 1860), the Commission shall be deemed to be a civil court for all the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (Act No 2 of 1974).

(5) The Commission shall have the power to advise the State Government on measures to ensure protection of witnesses, victims, and their families who might face any threat or harassment for making the complaint or for furnishing evidence.

(6) The Commission may visit any police station, lock-up, or any other place of detention used by the police and, if it thinks fit, it may be accompanied by a police officer.

No statement made by a person in the course of giving evidence before the Commission shall subject that person to a civil or criminal proceeding or be used against him in such proceeding, except in a prosecution for giving false evidence: Provided that the statement (a) is made in reply to the question which he is required by the Commission to answer; or (b) is relevant to the subject matter of the inquiry. Provided further that on conclusion of the inquiry into a complaint of ‘serious misconduct’ against the police personnel, if the Commission is satisfied that the complaint was vexatious, frivolous or malafide, the Commission may impose such fine as considered appropriate on the complainant.

If, at any stage of the inquiry, the Commission considers it necessary to inquire into the conduct of any person, or is of the opinion that the reputation of any person is likely to be prejudicially affected by the inquiry, it shall give that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his support : Provided that nothing in this section shall apply where the credibility of a witness is being impeached.

(1) In the cases directly inquired by the Commission, it may, upon completion of the inquiry, communicate its findings to the Director General of Police and the State Government with a direction to:- (a) register a First Information Report; and/or (b) initiate departmental action based on such findings, duly forwarding the evidence collected by it to the police. Such directions of the Commission shall be binding: Provided that the Commission, before finalizing its own opinion in all such cases shall give the Director General of Police an opportunity to present the department’s view and additional facts, if any, not already in the notice of the Commission: Provided further that, in such cases, the Commission may review its findings upon receipt of additional information from the Director General of Police that may have a material bearing on the case.

(2) The Commission may also recommend to the State Government payment of monetary compensation by the government to the victims of the subject matter of such an inquiry.

(1) The Commission shall prepare an annual report at the end of each calendar year, inter alia, containing: (a) the number and type of cases of “serious misconduct” inquired into by it; (b) the number and type of cases of “misconduct” referred to it by the complainants upon being dissatisfied by the departmental inquiry into his complaint; (c) the number and type of cases including those referred to in (b) above in which advice or direction was issued by it to the police for further action; (d) the number of complaints received by the District Accountability Authorities, and the manner in which they were dealt with; (e) the identifiable patterns of misconduct on the part of police personnel in the state; and (f) recommendations on measures to enhance police accountability.

(2) The annual report of the Commission shall be laid before the State Legislature in the budget session and shall be a public document, made easily accessible to the public.

(3) The Commission may also prepare special reports with respect to specific cases directly inquired into by it. These reports shall also be made easily accessible to the public.

(1) The State Government may establish in each police district or a group of districts in a police range, a District-level Police Complaints Authority, named as District-level Police Accountability Authority to receive complaints of serious misconducts and misconducts against police personnel, as defined in Section 108 and take further action as provided in this Act.

(2) The District Accountability Authority shall have three members with a credible record of integrity and commitment to human rights and the chair person shall be selected from amongst retired persons with judicial experience in the rank of District and Sessions Judge, a retired senior police officer and a person having legal background or a retired senior civil servant or an eminent person from the civil society as members.

(3) The Chairperson and other members of the District Accountability Authorities will be appointed by the Government.

(4) Vacancies in the Authority shall be filled up as soon as practicable, and in no case later than three months after the seat has been vacated.

(5) In selecting members of the Authority, a transparent process shall be adopted.

(6) The conditions of eligibility, term of office, terms and conditions of service, and conditions of removal from office for the Chairperson and members of the District Accountability Authorities will be the same as that of the Police Accountability Commission.

(7) The District Accountability Authority shall be assisted by adequate legal and administrative staff with requisite skills and experience.

(8) The staff shall be selected by the District Accountability Authority, inter alia, on a contractual basis, through a transparent process.

(9) The remuneration and other terms and conditions of service of the staff shall be as prescribed from time to time.

1) The District Accountability Authority Shall : (a) forward the complaints of ‘serious misconduct’, received directly by it, to the Commission for further action; (b) forward for further action, the complaints of ‘misconduct’ received directly by it, to the District Superintendent of Police. Provided that if the complaint contains allegations against any police officer of or above the rank of Assistant/Deputy Superintendent of Police, the District Accountability Authority shall forward the same to the Director General of Police under intimation to the Commission, for further action. (c) monitor the status of departmental inquiries or action on the complaints of ‘misconduct’ against officers below the rank of Assistant/Deputy Superintendent of Police, through a quarterly report obtained periodically from the District Superintendent of Police; (d) issue appropriate advice to the District Superintendent of Police for expeditious completion of inquiry, if, in the Authority’s opinion, the inquiry is getting unduly delayed in any such case; (e) report cases to the Commission where departmental enquiry into ‘misconduct’ is not concluded in time by the police department in spite of the Authority’s advice(s) to the District Superintendent of Police issued under sub-section (d) above. The Authority may also, in respect of a complaint of ‘misconduct’ against an officer below the rank of Assistant/Deputy Superintendent of Police, call for a report from, and issue appropriate advice for further action or, if necessary, a direction for fresh inquiry by another officer, to the District Superintendent of Police when a complainant, being dissatisfied by an inordinate delay in the process of departmental inquiry into his complaint of ‘misconduct’ or outcome of the inquiry, if the principles of natural justice have been violated in the conduct of the disciplinary inquiry, brings such matter to its notice;

Each District Accountability Authority shall prepare and submit to the Commission an annual report before the end of each calendar year, inter alia, containing: (a) the numbers and types of cases of ‘serious misconduct’ and ‘misconduct’ forwarded by it to the Commission and the District Superintendents of Police respectively, during the year; (b) the number and types of cases monitored by it during the year; (c) the number and types of cases of ‘misconduct’ referred to it by the complainants upon being dissatisfied by the departmental inquiry into his complaint; (d) the number and types of cases referred to in © above in which advice or direction was issued by it to the police for further action; and (e) recommendation on measures to enhance police accountability.

(1) The Commission shall control and supervise, and issue suitable directions to the District Authorities for their proper functioning. (2) The District Authorities will assist the Commission in everyway for the proper discharge of the Commission’s functions. (3) Where the Commission considers that any of the conditions laid down in Section 105 read with Section 114(6) of this Chapter for the removal of a member has been fulfilled, it shall be competent to request the State Government to initiate appropriate proceedings against that member of the District Authority.

(1) The complainant may lodge his complaint relating to any “misconduct” or “serious misconduct” on the part of police personnel with either the departmental police authorities or with the Commission or the District Accountability Authority: Provided that no complaint shall be entertained by the Commission or the District Authority if the subject matter of the complaint is being examined by any other commission, or any court. (2) In cases where a complainant has lodged a complaint with the police authorities, he may inform the Commission or the District Accountability Authority at any stage of the departmental inquiry about any undue delay in the processing of the inquiry. (3) The complainant shall have a right to be informed of the progress of the inquiry from time to time by the inquiring authority (the concerned police authority, Commission or the District Accountability Authority). Upon completion of inquiry or departmental proceedings, the complainant shall be informed of the conclusions of the same as well as the final action in the case at the earliest. (4) The complainant may attend all hearings in an inquiry concerning his case. The complainant shall be informed of the date and place of each hearing. (5) All hearings shall be conducted in a language intelligible to the complainant. In a case where hearings cannot be conducted in such a language, the services of an interpreter shall be requisitioned if the complainant so desires. (6) Where upon the completion of the departmental inquiry, the complainant is dissatisfied with the outcome of the inquiry on the grounds that the said inquiry violated the principles of natural justice, he may approach the Commission or the Authority for appropriate directions.

(1) All police officers and authorities shall refer all allegations of “serious misconduct” against police personnel, coming to their notice, to the Commission. (2) It shall be the duty of the heads of the district police and of the state police as well as of any other concerned state agency to provide to the Commission and to the District Accountability Authority all information they may reasonably require to perform their duties provided for in this Chapter.

Whoever influences or interferes with the functioning of the Commission or the District Accountability Authority, except in the course of lawful duty, shall, on conviction by a court of law, be liable to a fine or to an imprisonment for a term not exceeding one year, or both. Explanation: Any threat, coercion or inducement offered to any witness or victim of police misconduct or serious misconduct, shall be deemed to be interference with the functioning of the Commission for the purposes of this Section.

It shall be the duty of the Commission to ensure that all its Members, and other staff as well as Members of the District Accountability Authorities and their staffs are regularly trained, inter alia, about: (a) technical and legal issues related to departmental inquiries; (b) specific forms of human rights violation; and (c) appropriate handling of victims of police abuse

No suit or other legal proceeding shall lie against the State Government, the State Security Commission, its members and staff, the Police Accountability Commission, its members, staff or any person acting under the direction of the Commissions, or members or staff of the District Accountability Authorities, in respect of anything which is in good faith done or intended to be done in pursuance of the provisions of this Chapter.

The State Government shall ensure that adequate funds are provided to the Commission and the District Accountability Authorities for the effective performance of their functions and that the police shall not be required to provide any material or human resources to the Commission or the District Accountability Authorities for their smooth functioning.

(1) There shall be a Police Welfare Board, (hereinafter referred to as ‘Welfare Board’) headed by an officer not below the rank of Deputy Inspector General of Police, in the office of the Director General of Police to advise and assist him in the implementation of welfare measures for police personnel. (2) The functions and duties of the Welfare Board shall, inter alia, include administration and monitoring of welfare measures for police personnel, such as: (a) health care, particularly in respect of chronic and serious ailments, and including post-retirement health care schemes for police personnel and their dependents; (b) full and liberal medical assistance to police personnel suffering injury in the course of performance of duty; (c) financial security for the next of kin of those dying in harness; (d) post-retirement financial security; (e) group housing; (f) education and career counseling and training in appropriate skills for dependents of police officers; and (g) appropriate legal facilities for defense of police officers facing court proceedings in matters relating to bonafide discharge of duty. (3) The Welfare Board shall have as many members as prescribed, and shall comprise of representatives from all police ranks. It may have also include other members in an advisory capacity. The members of the Welfare Board shall be nominated by the Director General of Police. (4) The Welfare Board shall lay down norms and policies relating to police welfare, and monitor welfare activities undertaken by various police units in the state. (5) The Welfare Board shall interact with other government departments, public sector undertakings and other organizations to facilitate gainful employment for retired police officers, and for the dependents of police personnel who have laid down their lives in due discharge of their duties. (6) A Police Welfare Fund, under the administration and control of the Welfare Board, shall be created for the welfare activities and programmes for police personnel, which will have two components: (a) outright financial grant by the state; and (b) matching grant by the state to the contributions made by the police personnel, towards the welfare fund.

(1) The State Government shall provide adequate insurance coverage for all police personnel against any injury, disability, or death caused in the course of performance of their duty. (2) Police officers posted in special wings, such as Counter-Terrorism Operations Units, Bomb Disposal Squads, Commando Groups etc. shall be paid risk allowance, commensurate with the risks involved in those duties. (3) In addition to facilities as may be made available in police hospitals for general treatment and specialized services, police personnel shall also be provided with a medical insurance cover that would enable them to keep up the required standards of health and physical fitness. (4) Facilities for stress management, including psychological counseling, to cope with professional stress, shall be given due attention in all police units and establishments.

(1) The Director General of Police, with the approval of the State Government shall put in place, a fair, transparent, and participatory grievance redressal mechanism for looking into individual as well as collective grievances of police personnel, which shall be freely received and channeled upwards from all levels of the organization. (2) The grievances that cannot be redressed by the said mechanism shall be forwarded to the State Security Commission, which in turn, shall make appropriate recommendations to the State Government for remedial measures.

The State Government shall take effective steps to ensure that the average hours of duty of a police officer do not normally exceed eight hours a day: Provided that in exceptional situations, the duty hours of a police officer may extend up to 12 hours or beyond. In such cases, adequate compensation and facilities shall be provided to the police personnel.

(1) The District Superintendent of Police or an officer not below the rank of Assistant/Deputy Superintendent of Police may, where necessary, direct the conduct of all assemblies and processions on any public road, street or thoroughfare, and prescribe the routes by which and the time at which such a procession may pass. (2) It shall be duty of any person intending to organize a procession on any road, street or thoroughfare, or to convene an assembly at any public place, to give intimation in writing to the officer in charge of the concerned Police Station. (3) The District Superintendent or any officer not below the rank of Assistant/Deputy Superintendent of Police, on receipt of such intimation or otherwise, and upon being satisfied that such an assembly or procession, if allowed without due control and regulation, is likely to cause a breach of peace, may prescribe necessary conditions including making provisions for satisfactory regulatory arrangements, on which alone such assembly or procession may take place. Under special circumstances to be recorded in writing, the concerned officer may also prohibit the assembly or procession in public interest. All orders and directions should be given within 48 hours of receipt of intimation, as far as possible.

(1) The District Superintendent of Police or any Police Officer not below the rank of Sub- Inspector, authorized in this behalf by the District Superintendent of Police, may stop any assembly or procession which violates the conditions set under sub-sections (1) and (3) of Section 128, and order such assembly or procession to disperse. (2) Any assembly or procession which neglects or refuses to obey any order given under sub-section (1) above shall be deemed to be an “unlawful assembly” under Chapter VIII of the Indian Penal Code 1860 (Act No 45 of 1860).

The District Superintendent of Police or any officer not below the rank of Assistant/ Deputy Superintendent of Police may regulate the time and the volume at which mike and other sound systems are used in connection with any performances and other activities in or near streets or any public place that cause annoyance to the residents of the neighborhood.

(1) The District Superintendent of Police or any other Police Officer authorized by him in this behalf, through a general or special order, may give reasonable directions to the public to keep order on public roads and streets, thoroughfares, or any public place, in order to prevent obstruction, injury, or annoyance to passers by or pollution. (2) The District Superintendent of Police may issue general directions under sub-Section (1), in respect of the whole district or any part thereof, as per procedure laid down in Section 141.

Any person not obeying the lawful orders issued under Sections 128, 129 and 131 may be arrested and, on conviction by a court of law, shall be liable to a fine.

(1) The District Superintendent of Police may, by public notice, temporarily reserve for any public purpose any street or other public place, and prohibit the public from entering the area so reserved, except on such conditions as may be specified. (2) (a) The District Superintendent of Police may authorize any police officer to erect barriers and other necessary structures on public roads and streets, to check vehicles or occupants there of for violation of any legal provisions by them. (b) In making such order, the District Superintendent of Police shall prescribe the necessary steps for ensuring the safety of passers-by. (c) These temporary structures shall be removed once the purpose for which they were installed is over.

Any person, who obstructs the discharge of duties and functions of a police officer, shall, on conviction, be liable to simple imprisonment not exceeding three months or fine or both.

Whoever, not being a member of the Police Service wears, without obtaining permission from an officer authorized in this behalf by the State Government by a general or special order, a police uniform or any dress having the appearance or bearing any of the distinctive marks of that uniform, shall, on conviction, be punished with imprisonment not exceeding six months or fine or both.

Whoever, having ceased to be a police officer, does not forthwith deliver up his/her certificate of appointment, clothing, accoutrements and other wherewithal supplied to him for the execution of his duty, shall on conviction by a court of law, be liable to a fine.

Whoever makes a false statement or a statement which is misleading in material particulars to a police officer for the purpose of obtaining any benefit shall, on conviction, be punished with imprisonment for a term which may extend to three months or a fine or both.

(1) Whoever, being a police officer; (a) willfully breaches or neglects to follow any legal provision, procedure, rules, regulations applicable to members of the Police Service; or (b) without lawful reason, fails to register a First Information Report as required by Section 154 of the Code of Criminal Procedure, 1973 (Act No 2 of 1974); or (c) is found in a state of intoxication, while on duty; or (d) malingers or feigns illness or injury or voluntarily causes hurt to himself with a view to evading duty; or (e) acts in any other manner unbecoming of a police officer; shall, on conviction, be punished with imprisonment for a term which may extend to three months or with a fine or both. (2) Whoever, being a police officer: (a) is guilty of cowardice; or (b) abdicates duties, or withdraws from duties, or remains absent without authorization from duty for more than 21 days; or (c) uses criminal force against another police officer, or indulges in gross insubordination; or (d) engages himself or participates in any demonstration, procession or strike, or resorts to, or in any way abets any form of strike, or coerces or uses physical force to compel any authority to concede anything; or (e) is guilty of sexual harassment in the course of duty, whether towards other police officers or any member of the public; shall, on conviction, be punished with imprisonment for a term which may extend to one year or with a fine or both.

Whoever, being a police officer;- (1) without lawful authority or reasonable cause enters or searches, or causes to be entered or searched, any building, vessel, tent or place; or (2) unlawfully and without reasonable cause seizes the property of any person; or (3) unlawfully and without reasonable cause detains, searches, or arrests a person; or (4) unlawfully and without reasonable cause delays the forwarding of any person arrested to a Magistrate or to any other authority to whom he is legally bound to forward such person; or (5) subjects any person in her/his custody or with whom he may come into contact in the course of duty, to torture or to any kind of inhuman or unlawful personal violence or gross misbehavior; or (6) holds out any threat or promise not warranted by law; shall, on conviction, be punished with imprisonment for a term which may extend to one year and shall be liable to fine.

(1) Any person who commits any of the following offences on any road, or street or thoroughfare, or any open place, within the limits of any area specially notified by the State Government or a Local Government for the purpose of this Section, to the inconvenience, annoyance or danger of the residents or passers-by shall, on conviction by a court, be liable to a fine: (a) allowing any cattle to stray, or keeping any cattle or conveyance of any kind standing longer than is required for loading or unloading or for taking up or setting down passengers, or leaving any conveyance in such a manner as to cause inconvenience or danger to the public; (b) being found intoxicated and creating nuisance at any public place, and/or riotous; (c) neglecting to fence in or duly protect any well, tank, hole or other dangerous place or structure under his charge or possession; or otherwise creating a hazardous situation in a public place; (d) defacing, or affixing notices, or writing graffiti on walls, buildings or other structures without the prior permission of the custodian of the property; (e) willfully entering or remaining without sufficient cause in or upon any building belonging to the Government or land or ground attached thereto, or on any vehicle belonging to Government;; (f) knowingly spreading rumours or causing a false alarm to mislead the police, fire brigade or any other essential service or; (g) willfully damaging or sabotaging any public alarm system; (h) knowingly and willfully causing damage to an essential service, in order to cause general panic among the public; (i) acting in contravention of a notice publicly displayed by the competent authority in any government building : Provided that the police shall take cognizance of this offence only upon a complaint made by an authorized functionary of the concerned office. (j) causing annoyance to a woman by making indecent overtures or calls or by stalking : Provided that the police shall take cognizance of this offence only upon a complaint made by the victim. (k) driving rashly and noisingly any two wheeler during late evening and night on the public road/street. (2) It shall be lawful for any police officer to take into custody, without a warrant, whoever commits any of the offences mentioned in sub-section (1). (3) Whoever commits any offence under sub-Section (1), on subsequent conviction shall be liable to enhanced punishment.

(1) All general directions, regulations, and public notices issued under this Chapter shall be published by posting notices in the office of the District/Sub-Divisional Magistrate, at the local area as well as in the locality affected, by affixing copies in conspicuous places near the building or place to which the notice specially relates, or by announcing it by public announcement system available or by advertising in local newspapers and other media, or by any other means as the Superintendent of Police may deem fit : Provided that the Superintendent of Police may, on being satisfied that it is in public interest to bring any regulation into force with immediate effect, make such direction or regulation without previous publication. (2) If any direction or regulation made under this section relates to any matter with respect to which there is a provision in any law, rule or bylaw of the Corporation or of any other Municipal or Local Authority in relation to public health, convenience or safety of the locality, such regulation shall be subject to such law, rule or bylaw.

Subject to Section 197 of the Code of Criminal Procedure,1973(Act no.2 of 1974), no court shall take cognizance of any offence under this Act when the accused person is a police officer except on a report in writing of the facts constituting such offence by, or with the previous sanction of an officer authorized by the State Government in this behalf.

Subject to the provisions contained in Section 300 of the Code of Criminal Procedure, 1973 (Act No 2 of 1974), nothing in this Act shall be construed as preventing any person from being prosecuted and punished under any other law for anything made punishable by this Act.

(1) A court taking cognizance of an offence punishable under Sections 132 and 140 may state, upon the summons to be served to the accused person, that he may, by a specified date prior to the hearing of the charge, plead guilty to the charge by registered letter, and remit to the court such sum as the court may specify. (2) Where an accused person pleads guilty and remits the sum specified in the summons under sub-Section (1), no further proceedings in respect of the offence shall be taken against that person.

Provisions of Sections 64 to 70 of the Indian Penal Code, 1860 (Act No 45 of 1860) and Sections 386 to 389 of the Code of Criminal Procedure, 1973 (Act No 2 of 1974) shall apply to penalties and fines imposed under this Act on conviction before a Magistrate : Provided that notwithstanding contained in Section 65 of the Indian Penal Code,1860, any person sentenced to fine under section 132 and 140 of this Chapter may be imprisoned in default of payment of such fine,for any period not exceeding eight days.

No court shall take cognizance of any offence under this Chapter after the expiry of the period of limitation as provided for in Section 468 of the Code of Criminal Procedure, 1973 (Act No 2 of 1974). For computing the limitation period, provisions of Chapter XXXVI of the Code of Criminal Procedure, 1973 (Act No 2 of 1974) shall apply.

All powers, functions and duties of the District Superintendent of Police described in this Act shall be exercised, in respect of areas notified under Section 59 of Chapter VII, by the Commissioner of Police or any other officer authorized in this behalf.

All fees paid for licenses or written permission issued under this Act, and all sums paid for the service of processes by police officers and all rewards, forfeitures and penalties or shares thereof which are by law payable to police officers as informers shall, save in so far as any such fees or sums belong under the provisions of any enactment in force to any local authority, be credited to the State Government: Provided that with the sanction of the State Government, or under any rule made by the State Government in that behalf, the whole or any portion of any such reward, forfeiture or penalty may for special services, be paid to a police officer, or be divided amongst two or more Police officers.

Any order or notification published or issued by the State Government or by a Magistrate or officer under any provision of this Act, and the due publication or issue thereof may be proved by the production of a copy thereof in the Official Gazette, or of a copy thereof signed by such Magistrate, or officer, and by him certified to be a true copy of an original published or issued according to the provisions of the section of the Act applicable thereto.

No rule, regulation, order, direction, or notification made or published and no adjudication, inquiry or act done under any provision of this Act, or under any rules made there under, which is in substantial conformity with the same, shall be deemed illegal, void or invalid by reason of any defect of form.

Whenever in consequence of the office of a police officer becoming vacant, any officer holds charge of the post of such police officer or succeeds, either temporarily or permanently, to his office, such officer shall be competent to exercise all the powers and perform all the duties respectively conferred and imposed by this Act on such police officer, as the case may be.

Any public notice required to be given under any of the provisions of this Act shall be in writing under the signature of a competent authority and shall be published in the locality to be affected thereby, by affixing copies thereof in conspicuous public places, or by proclaiming the same through public announcement, or by advertising in local newspapers as the said authority may deem fit. Provided that the competent authority may, on being satisfied that it is in public interest to bring any regulation into force with immediate effect, make such direction or regulation without previous publication.

Whenever under this Act, the doing or the omitting to do anything or the validity of anything depends upon the consent, approval, declaration, opinion or satisfaction of a competent authority, a written document signed by a competent authority purporting to convey or set forth such consent, approval, declaration, opinion or satisfaction shall be sufficient evidence thereof.

(1) The Government may make rules for carrying out the purposes of this Act. (2) All rules made by the State Government under this Act shall, as soon as may be after they are made, be laid before the Mizoram Legislative Assembly and shall, unless some later date is appointed, take effect from the date of their publication in the official Gazette.

(1) If any difficulty arises in giving effect to the provisions of this Act the State Government may, by notification in the Official Gazette, make such provisions as it deems necessary or expedient for removing the difficulty. (2) Every notification issued under this section shall, as soon as may be after it is issued, be laid before the appropriate legislature.

In the case of any rule or order made by the State Government under an authority conferred by this Act and requiring the public or a particular class of persons to perform some duty or act, or to conduct or order themselves or those under their control in a manner therein described, it shall be competent to any aggrieved person to make a representation to the State Government to annul, reverse, or alter the aforesaid rule or order.

(1) The Police Act, 1861 in its application to the State of Mizoram is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken or any proceeding instituted under the Act so repealed shall be deemed to have been done or taken or instituted under the corresponding provisions of this Act. (3) All references in any enactment to any of the provisions of the Act so repealed shall be construed as references to the corresponding provisions of this Act.