The Sikkim Police Act, 2008

(1) This Act may be called the Sikkim police Act, 2008. (2) It extends to the whole of Sikkim. (3) It shall come into force on such date as the State Government may by notification in the Official Gazette appoint.

(1) In this Act, unless the context otherwise requires.- (a) "Act" means the Sikkim police Act, 2008; (b) "cattle" means and includes cows, buffalos, elephants, camels, horses, asses, mules, sheep, goats and swine; (c) "core functions" means duties related to sovereign functions of the State including arrest, search, seizure, crime investigation, crowd control and allied functions that can only be performed by the police as the agency of the State; (d) "Group C posts" means the posts so categorized under the relevant State Service Rules; (e) "Headquarters Company" means a unit performing administrative and other support functions of a State Armed Police Battalion; (f) "insurgency" includes waging of armed struggle by a group or a section of population against the State with a political or other objective including the separation of a part from the territory of India; (g) "internal security" means preservation of sovereignty and integrity of the State from disruptive and anti-national forces; (h) "Magistrate" means, unless the context otherwise requires, an Executive Magistrate appointed under Section 20 of the Code of Criminal Procedure, 1973 and includes a person exercising powers of Sub-Divisional Magistrate or District Magistrate; (i) "militant activities" include any violent activity of a group using explosives, inflammable substances, firearms or other lethal weapons or hazardous substance in order to achieve its political or other objectives; (j) "non-core police functions" means such functions which are not core functions as defined; (k) "organized crime" includes any crime committed by a group or network of persons in pursuance of its common intentions of unlawful gain by using violent means or threat of violence; (l) "place of public amusement and public entertainment" includes such places as may be notified by the State Government, and in case no such place is notified, then any place liable for payment of amusement/entertainment tax to the State Government; (m) "Police District" means such area as may be declared to be a Police District by the State Government by notification under Section 8 of this Act; (n) "Police Officer" means any member of the Police Service of the State; (o) "prescribed" means prescribed under this Act; (p) "public place" means any place to which the public have access and include: (i) a public building and monument and precincts thereof; (ii) any place accessible to the public for drawing water, washing or bathing or for purposes of recreation; and (iii) such other places as may be notified by the State Government; (q) "regulations" mean regulations made under this Act; (r) "rules" mean rules made under this Act; (s) "service Companies" means units of State Armed Police Battalions and District Armed Reserve which are deployed for law and order and other duties in support of civil police; (t) "Service" means the Police Service constituted under this Act; (u) "State" means the State of Sikkim; (v) "State Government" means the Government of Sikkim; (w) "Station House Officer" means the Officer in-charge of Police Station of and above the rank of Sub-Inspector of Police; (x) "Subordinate rank" means all ranks below the rank of Assistant or Deputy Superintendent of Police; (y) "terrorist activities" includes any activity of a person or a group using explosives or inflammable substances or firearms or other lethal weapons or noxious gases or other chemicals or any other substance of a hazardous nature with the aim to strike terror in the society or any section thereof, and with an intent to overawe the Government established by law. (2) Words and expressions used in this Act but not defined specifically shall have the same meaning as provided in the General Clauses Act 1897, the Code of Criminal Procedure 1973, and the Indian Penal Code, 1860.

There shall be one Police Service for the State, called the Sikkim Police. Members of the Police Service shall be liable for posting to any branch of the Service, including the Armed Police or any of its specialized wings.

Subject to the provisions of this Act- (1) The Police Service shall consist of such number of Police officers, including members of the Indian Police Service and the State Police Service as the State Government may by general or special orders determine from time to time. (2) The direct recruitments to Group 'C' posts in the Police Service shall be made through a Police Recruitment Committee by a transparent process as per rules framed by the State Government. (3) The recruitment to the rank of Deputy Superintendent of Police shall be made through the state public service commission. (4) The composition of the Police Service shall, as far as possible, reflect adequate representation of all sections of society, including gender representation. (5) The pay, allowances, service and working conditions of Police officers shall be as prescribed by rules from time to time. These shall always be commensurate with the arduous nature of their duties. (6) Police officers shall at all times remain accountable to the law and responsive to the lawful needs of the people, and shall observe codes of ethical conduct and integrity as prescribed.

(1) For the overall direction and supervision of the Police Service, the State Government shall appoint a Director General of Police who shall exercise such powers, perform such functions and duties, and have such responsibilities and such authority, as may be prescribed. (2) The post of Director General of Police shall be the senior-most position in the hierarchy of the Police Service of the State and no officer senior to the incumbent Director General of Police shall be posted to any position within the State police Service. (3) The State Government may appoint one or more Additional Directors General of Police, and as many Inspectors General of Police, Deputy Inspectors General of Police and Assistant Inspectors General of Police as necessary. (4) The State Government may, by a general or special order in consultation with the Director General of Police, direct in what manner and to what extent an Additional Director General of Police or an Inspector General of Police or a Deputy or Assistant Inspector General of Police shall assist and aid the Director General of Police in the performance, exercise and discharge of his functions, powers, duties, responsibilities and authority. (5) Subject to such general or special order of the State Government, the Director General of Police may from time to time assign specific duties and responsibilities to an Additional Director General of Police or an Inspector General of Police or a Deputy or Assistant Inspector General of Police by a general or special standing order.

(1) The State Government shall appoint the Director General of Police from amongst officers of the Indian Police Service in the State Cadre empanelled for the post and recommended by a three member screening committee headed by the Chief Secretary constituted for the purpose. The screening Committee shall prepare a panel of at least three suitable persons. Except in the case where the vacancy is unanticipated, the Screening Committee shall make its recommendation before the vacancy arises: Provided that in case the Screening Committee comes to the conclusion, for reason to be recorded in writing, that there being no suitable incumbent available in the State Cadre, it may assess the suitability of empanelled Indian Police Service officers of other State Cadres subject to their willingness and concurrence of the central Government. (2) The Screening Committee may device its own procedure and shall consider the names of all empanelled officers of the Indian Police Service in the State Cadre and shall make its assessment on the basis of: (a) the performance appraisal reports; (b) the range of experience relevant to professional police work including experience of work in Central Police Organizations; (c) clean record of service in terms of indictment of the officer in any criminal or disciplinary proceeding or on the grounds of corruption or moral turpitude; and (d) due weightage being assigned to award of medals for Gallantry, Distinguished and Meritorious services: Provided that where the Committee finds that no suitable Indian Police Service Officer is available in the State Cadre it shall make its assessment with regard to Indian Police Service officers of other States Cadres, in accordance with the proviso to sub-section (1). (3) The Director General of Police shall have a minimum tenure of two years subject to his normal date of superannuation: Provided that the Director General of Police may be removed from the post before the expiry of his tenure by the State Government through a written order specifying reasons consequent upon:- (a) framing of charges in a criminal case by a court of law; or (b) issue of charge sheet under the provision of All India Services (Discipline and Appeal) Rules or any other relevant rules; or (c) suspension from service; or (d) incapacitation by physical or mental illness or otherwise becoming unable to discharge his functions as Director General of Police; or (e) administrative exigencies, in larger public interest; or (f) promotion to a higher post under either the State or the Central Government: Provided further that the officer may be allowed by the State Government to relinquish charge of the post on- (i) appointment to a post under the Central Government or an International Organisation subject to such officer having given his consent to such a posting or (ii) resignation or voluntary retirement.

The State Government, in consultation with the Director General of Police, may, if required in public interest, by notification divide the entire geographical area of the State into one or more Police Ranges, and two or more Police Ranges into Police Zones. Each Range shall be headed by an officer of the rank of Deputy Inspector General of Police who shall supervise the Police administration of the Range and report directly to the Inspector General of Police in charge of Law and Order, or on creation of Police Zones, to the Inspector General of Police in charge of the Zone comprising his Range, who shall supervise the Police administration over all Ranges under him and report to the Director General of Police through the Additional Director General of Police, Law and Order, if appointed.

The State Government, in consultation with the Director General of Police, may by notification declare any area within the state to be a Police District. The administration of the Police throughout such district shall vest in the Superintendent of Police who may be assisted by as many Additional, Assistant or Deputy Superintendents of Police, as deemed necessary and are notified.

(1) For the purpose of dealing with a particular category of crime or providing better service to the community at large including victims of crime, the State Government may, in consultation with the Director General of Police and by notification, create one or more Special Cells in each Police District to be headed by an officer of the rank of Assistant/Deputy Superintendent of Police. (2) The State Government may, by notification, divide each Police District into as many Sub-Divisions as deemed necessary, to be headed by an officer of the rank of Assistant/Deputy Superintendent of Police.

(1) The State Government may, in consultation with the Director General of Police and by notification, create as many Police Stations with as many Outposts as necessary in a Police District, duly keeping in view the population, the area, the crime situation, the work load in terms of law and order, and the distances to be traversed by the inhabitants to reach the Police Stations. (2) A Police Station shall be headed by a Station House Officer not below the rank of Sub-Inspector of Police. (3) The State Government shall ensure availability of adequate strength of staff at each Police Station, duly based on the population, incidence of crime, law and order-related workload, and the geographical area. (4) The State Government shall provide, as early as possible, each Police Station with all essential amenities including a reception-cum-visitors' room, separate toilets for men and women, and to deal with the tasks relating to administration of special legislations relating to women and children. (5) Each Police Station shall have a Woman and Child Protection Desk, staffed as far as possible by women Police personnel, to record complaints of crimes against women and children and to deal with the tasks relating to administration of special legislations relating to women and children. (6) Each Police Station shall prominently display all the relevant information required to be made public, including the Supreme Court guidelines and directions, as also departmental orders on arrests, and the details regarding the persons arrested and held in lock-ups. (7) Each Police Station shall maintain a general diary in such form as the State Government may prescribe, wherein shall be recorded all the complaints and charges received, action taken thereon, names and particulars of persons arrested, the offences charged against them and the property taken from their possession.

An officer posted as Station House Officer in a Police Station or as Superintendent of Police of a District shall have a minimum term of two years: Provided that any such officer may be removed from his post before the expiry of the minimum tenure of two years consequent upon- (a) filing of charge sheet in a criminal case in a Court of law; or (b) issue of charge sheet for major penalty under the relevant disciplinary rules; or (c) suspension from service in accordance with the provision of the relevant disciplinary rules; or (d) reversion to a lower post for administrative reasons; or (e) incapacitation by physical or mental illness or otherwise becoming unable to discharge his functions and duties; or (f) administrative exigencies, in larger public interest.

(1) District Magistrates within their jurisdiction shall function as nodal and coordinating authorities on behalf of the State Government and provide leadership in the time of crisis likely to affect the public peace. (2) In order that these functionaries are able to discharge these functions effectively in matters of overriding public importance, the District Superintendent of Police shall keep the District Magistrate fully informed on all the matters in the district relating to the state of law and order and potential for disturbance of the public peace and shall promptly consult him on all matters of overriding public importance relating to the Police. (3) The Sub-Divisional Police Officer shall keep the Sub-Divisional Magistrate or the Executive Magistrate, as the case may be, fully informed on all the matters in the Sub-Division or other local jurisdiction relating to the state of law and order and potential for disturbance of the public peace and shall promptly consult him on all matters of overriding public importance relating to the Police.

(1) For the purpose of efficiency in the general administration of the district, it shall be lawful for the District Magistrate, in addition to the provisions of the Code of Criminal Procedure, 1973 and other relevant Acts for the time being in force, to issue directions to the Police of the District in respect of those matters relating to the following:- (a) the promotion of land reforms and the settlement of land disputes including removal of encroachments on Government land, common lands and forest lands; (b) matters related to the projects of State level importance particularly in relation to power, industry and tourism; (c) extensive disturbance of the public peace and tranquillity in the district; (d) the conduct of elections to any public body or holding of any function or event of public importance; (e) the handling of natural or man-made disasters or major accidents and rehabilitation of the persons affected thereby; (f) situations arising out of any external aggression, threat to internal security, riot, industrial or other strike etc.; (g) matter related to protection of women, weaker sections and minorities; (h) removal of any persistent public grievance; (i) any matter not within the purview of any one department and affecting the general welfare of the people of the district, or arising out of a judicial pronouncement necessitating the District Magistrate to use the services of the Police; and (j) such other matters as the State Government may assign from time to time in Public interest. (2) It shall be lawful for the District Magistrate to call for information or assistance of a general or special nature from the Police with respect to the matters specified in sub-section (1), and the Superintendent of Police shall provide such information and all necessary assistance to the District Magistrate for the purpose. (3) Superintendent of Police may, in order to provide Police service in respect of matters specified under sub-section (1), refer a matter to the District Magistrate to issue directions to all or any of the departments in the district to facilitate such assistance as may be necessary, and the District Magistrate shall issue appropriate directions, which shall be complied with by the district head of the department concerned without demur or delay.

(1) The State Police Service shall have a State Intelligence Department for collection, collation, analysis and dissemination of intelligence, and a Criminal Investigation Department for investigating inter-state inter-district crimes and other specified offences, in accordance with the provisions of this Act. (2) The State Government shall appoint a Police officer of or above the rank of Deputy Inspector General of Police to head each of the aforesaid departments. (3) The Criminal Investigation Department shall have specialized wings to deal with different types of crime requiring focused attention or special expertise for investigation. Each or more than one of these wings shall be headed by an officer not below the rank of Superintendent of Police. (4) The State Intelligence Department shall have specialized wings to deal with and coordinate specialized tasks such as measures for counter-terrorism, counter militancy and VIP Security. (5) The State Government shall appoint appropriate number of officers from different ranks to serve in the Criminal Investigation Department and the State Intelligence Department, as deemed appropriate with due regard to the volume and variety of tasks to be handled.

(1) The State Government shall create and maintain such ancillary technical agencies and services, under the overall control of the Director General of Police, as considered necessary or expedient for promoting efficiency of the Police Service. (2) The services so created shall include a full-fledged Forensic Science Laboratory at the state level and as many number of Mobile Forensic Science Units as necessary with appropriate equipment and scientific manpower, in keeping with the guidelines laid down by the Directorate of Forensic Science or the Bureau of Police Research and Development of the Government of India. (3) The State Government shall appoint an officer not below the rank of Superintendent of Police as in-charge of Police Telecommunications, and as many Additional Superintendents of Police and Deputy Superintendents of Police as deemed necessary to assist him. (4) The State Government shall similarly appoint an officer not below the rank of Superintendent of Police as in-charge of Police Transport, which may be located under the State Reserve Lines, and as many Additional Superintendents of Police and Deputy Superintendents of Police as deemed necessary to assist him. (5) The State Government shall ensure regular maintenance of all the needed equipment and regular replenishment of consumables for the Police Telecommunications and the Police Transport Service. (6) The State Government shall also frame recruitment and promotion rules specifying inter alia the technical qualifications and experience required to man posts up to a certain level in the said two establishments. (7) In case services of other technical experts or specialists are necessary for the investigation of a case or enquiry, or handling of a serious law & order situation, the State Government may temporarily appoint or place the services of such expert or specialist at the disposal of the concerned department or branch head of the Police for a period as may be deemed appropriate. (8) Respective in-charge of Fire Services in the State and districts shall provide all necessary assistance to the Police as may be required by the Director General of Police, Inspector General of Police (Law and Order), Deputy Inspector General of Police (Range), District Magistrate and District Superintendent of Police for the handling of Law and Order or any other emergency situation.

(1) The State Government shall establish a full-fledged Police Training Centre for ensuring efficient post-induction training of all directly-recruited Police personnel up to the rank of Sub-Inspector, pre-promotion training for all those promoted to higher levels and such thematic and specialized in-service training courses for Police officers of different ranks and categories as deemed necessary from time to time. (2) The State Government shall appoint an officer not below the rank of Superintendent of Police as the Principal of the Police Training Centre. (3) The State Government shall also appoint appropriate number of officers from the Police Service in the Police Training Centre who may be given additional monetary and other incentives so that the best available talent in the Police Service is attracted and retained in the faculty of the Centre. (4) The State shall also ensure that persons with academic accomplishments in the fields of Law, Sociology, Psychology, Criminology, Forensic Science and other academic subjects relevant to Police profession regularly visit the Police Training Centre for imparting knowledge to the trainees in their respective fields, and for which they may be paid suitable remuneration.

The State Government may set up a body or bodies within or outside the Police Service in such manner as may be expedient for undertaking survey and studies in providing advice and guidance to the Director General of Police and the State Government on matters relating to the policing or the efficiency of the Police Service.

Every member of the Police Service enrolled under this Act shall on appointment and completion of training, make and subscribe before an officer appointed in that behalf by the Director General of Police an oath or affirmation, in such form as may be prescribed.

(1) Every Police officer shall on appointment receive an insignia and a certificate in the form as may be prescribed. The certificate in respect of officers below the rank of Inspector of Police shall be issued under the seal of the Director General of Police or such officer as he shall appoint, by virtue of which the person holding such certificate shall be vested with the powers, functions and privileges of a Police Officer. (2) The certificate of appointment shall become null and void, and the insignia shall be deemed to be withdrawn, whenever the person named therein ceases for any reason, to be a Police Officer. (3) A Police officer shall not, by reason of being suspended from office, cease to be a Police Officer. During the term of such suspension the powers, functions and privileges vested in him as a Police Officer shall be in abeyance, but he shall continue to be subject to the same responsibilities, discipline and penalties and to the same authorities as if he had not been suspended.

(1) The State Government shall, by general or special order notified in the Official Gazette, prescribe the uniform for the various ranks in the Police, the scale, monetary grants for purchase and maintenance and the protocol with respect to duties and the wearing of the uniform. (2) The State Government shall, by general or special order notified in the Official Gazette, prescribe the badges of rank and other distinctive badges that may be worn with the uniform. (3) The Director General of Police, subject to such orders of the Government, may issue general standing orders in this regard.

(1) When the Police force ordinarily employed in any area is not sufficient to deal with a situation threatening peace and security, the Superintendent of Police or any officer, specially empowered in this behalf by the state Government, in-charge of that area may, at any time by a written order issued under the hand and seal of such officer, appoint for a period as specified in the appointment order, any able-bodied and willing person between the age of 18 and 40 years, whom he considers fit, to be a Special Police Officer to assist the Police Service. (2) Every Special Police Officer so appointed shall- (i) on appointment, undergo the prescribed training and thereafter receive a certificate in a form approved by the State Government in this behalf; and (ii) have the same powers, privileges and protection and be liable to perform the same duties and responsibilities and be subject to the same authorities as an ordinary Police Officer.

(1) Subject to the general or special directions of the State Government, the Superintendent of Police may, in consultation with the District Magistrate, appoint or depute additional Police officers comprising of such ranks or grades for the purpose prescribed by the State Government for such time and on such pay as the authority prescribed in that behalf may determine. (2) Every Additional Police Officer upon such appointment shall (i) receive a certificate in a form approved by the State Government in this behalf; (ii) be vested with all or such of the powers, privileges, duties and immunities of a Police officer as are specially mentioned in the certificate; and (iii) be subject to the orders of the Superintendent of Police. (3) The deployment or deputation of such Additional Police Officer may be made at the request of any person requiring such Police, and the cost of such deployment shall be recovered by the District Magistrate in such manner provided in sections 421 and 422 of the Code of Criminal Procedure, 1973 for recovery of fines, or by any other law for the time being in force, or by suit in any competent Court.

(1) The Civil Police shall comprise of the Civil Police, Armed Police, and the strength of the various departments and branches, Investigation Department, State Intelligence Wing and branches of the Civil Police shall be as prescribed by the Government from time to time. (2) Recruitment to the Civil Police shall be as per the recruitment rules notified by the State Government. The Director General of Police, subject to the provision of this Act, shall cause an annual assessment of the personnel in the Civil Police required to be recruited by direct recruitment. (3) The Government shall endeavor to introduce a shift system in the Civil Police for proper working hours consistent with efficiency in performance. (4) The Director General of Police, with the approval of the State Government, shall endeavor to outsource as many non-core police functions as practicable, to enable the police to concentrate on core police functions. (5) The Station House Officer shall assign work and control and supervise the personnel of the Police station and Police Posts in his charge. (6) That the quota for direct recruitment in ranks to which direct recruitment is conducted, shall be so fixed by the State Government as to ensure a balance between the different ranks and prospects for promotions for meritorious officers at each level. (7) Every Civil Police officer on initial recruitment shall undergo induction training at the police training centre; the period and syllabus of training shall be as the State Government may determine, which may be revised from time to time on the recommendations of the Director General of Police subject to the general directions of the State Police Board.

The armament of the Civil Police shall be as fixed with the approval of the Government and shall be obtained in the manner prescribed. Distribution of arms shall be on the order of the Director General of Police, who by means of Standing Order shall lay down the procedures to be followed for custody and care of arms and ammunition, the stock of material for repair and maintenance of the manner in which damaged and unserviceable weapons are to be disposed of, and procedure in case of loss of any weapon or ammunition.

(1) The State Government shall, through a transparent process, lay down the service conditions for different ranks of Civil Police. (2) The promotion of Civil Police officers should be linked with screening processes and training to ensure higher levels of professional competence and accountability. (3) In order to provide a fast track for career progression to Police officers, at least 20% of direct recruitment posts shall be earmarked for being filled by promotion on the basis of seniority-cum-merit as per the laid down criteria. (4) (5)

(1) (a) [See Note: Section 26(1)(a) content refers to 26(1)(b) in continuation] (b) The Sub Divisional Police Officer shall generally control and supervise the Police Stations under his charge, and issue such directions as may be necessary to better achieve the objects of this Act. (c) The District Superintendent of Police shall generally control and supervise the work of the Sub Divisional Police Officers and Police Stations and Police Posts in the district and issue such directions as may be necessary to better achieve the objects of this Act. (d) The Range Deputy Inspector General of Police and the Inspector General of Police (Law and Order) shall generally control and supervise the work of the districts and the Range to better achieve the objects of the Act. (e) For other Civil police units the Director General of Police may, by special standing order, prescribe the controlling and supervising authorities. (2) Subject to provisions of this Act and any rules made there under the Director General of Police by general or special standing orders may prescribe from time to time the functions that need to be performed by the superior officer of police in relation to each duty and responsibility. (3) Subject to general or special standing orders of the Director General of Police, the controlling and supervising officer of the Police station, Police Sub Division, Police District or other Civil police unit may by means of an order in writing, prescribe the functions to be performed by various rank of the civil police under his control, who have been assigned any specific duty or responsibility. (4) For the better management of specialized duties and for the professional development of the members of the Civil Police the State Government may constitute cadres or sub-cadres within the Group 'C' posts and in the State Police Service.

(1) Every Civil Police officer shall perform to the best of his ability the duties required from him in relation to any duty or responsibility assigned to him, subject to the provisions of this Act, rules made there under, and the lawful special standing orders of the Director General of Police. (2) Any non-performance or deficiency in the standard of performance shall make the police officer liable for disciplinary action in accordance with the conduct and disciplinary rules prescribed by the State Government for the purpose.

(1) There may be provided for the State, such number of Mounted police as may be determined by the State Government from time to time for the purpose of patrols, crowd control and access to difficult areas. (2) The Director General of Police shall issue standing orders with regard to procurement, management, maintenance and training of the Mounted Police.

(1) [Content starts mid-sentence] include a realistic determination of the quantum of force required as also the duration for which the deployment is required. (2) The deployment shall be made for a fixed period, as specified in the order, and unless the same is extended by a specific order, the force shall return to its headquarters on the expiry of the initial period. (3) It shall be the duty of the District Superintendent of Police and the head of the Armed Police Battalion set-up in respect of the Battalion personnel, to ensure that that personnel of these armed units are deployed in a manner that ensures their regular and constant preparedness for their tasks, as also a fair rotation of duty between the various sub-units of the Armed Police Battalions at the State Headquarters and in the districts. (4) While ordering deployment of any armed police unit, due care shall also be taken to ensure as far as possible, that the personnel are able to take due rest and also avail a weekly off. (5) The armament of the Armed Police shall be as fixed with the approval of the Government and shall be obtained in the manner prescribed. Distribution of arms to Battalion and District Armed Reserves will be fixed on the order of the Director General of Police, who by means of Standing Order shall lay down the procedure to be followed for custody and care of arms, ammunition, stock of material for the repairs and maintenance, and the manner in which damaged and unserviceable weapons are to be disposed off, and the procedure in case of loss of any weapon or ammunition. (6) The adequacy of arms, equipment, mobility, communication etc. for each Battalion as well as the District Armed Reserves shall be assessed regularly on an annual basis by the officer heading the State Armed Police organization in consultation with the Commandants and the District Superintendent of Police concerned.

(1) It shall be the responsibility of the State Government to ensure an efficient, effective, responsive and accountable Police service for the entire State. For this purpose, the superintendence of the Police service throughout the State shall vest in and be exercised by the State Government in accordance with the provisions of this Act. (2) The State Government shall exercise its superintendence over the Police service in such manner and to such extent so as to promote the professional efficiency of the Police and to ensure that the Police performance is at all times in accordance with the law. For this purpose, the State Government shall lay down policies and guidelines, setting standards for quality policing, facilitate their implementation and ensuring that the Police force performs its duties in a professional manner with functional autonomy.

(1) The State Government shall- (a) on the basis of a report of the Director General of Police in this behalf and in accordance with the recommendations of the State Police Board established under this chapter, finalize a Strategic Policing Plan for a five-year period (hereinafter referred to as the "Strategic Plan") with Annual Sub-Plans (hereinafter referred to as the "Annual Plan") duly identifying the objectives of policing sought to be achieved during the period and setting out an action plan for their implementation; (b) in making his report the Director General of Police shall be guided by reports of the specialized and other units of the Police and the District Superintendents of Police who, in turn, shall formulate the same in consultation with the community; (c) place before the State Legislature a copy of this plan as soon as it is finalized. Subsequent Strategic Plans shall, thereafter, be laid before the State Legislature every five years; (d) place before the State Legislature at the beginning of each financial year, a Progress Report on the implementation of the Strategic Plan as well as the Annual Plan for the preceding year. (2) The Strategic Plan, the Annual Plan and the Progress Report shall be made readily accessible to the Public.

The State Government shall establish a State Police Board to facilitate the laying down of policies, evaluate performance and ensure the functional autonomy of State Police Service subject to the provisions of law. The State Police Board shall function in the manner provided in this Act. The Board shall meet as often as deemed necessary, but at least once in six months.

(1) The State Police Board shall have the following as its members namely- (a) the Chief Minister as its Chairperson; (b) the Leader of Opposition in the State Legislative Assembly; (c) a retired High Court Judge; (d) the Chief Secretary; (e) the Secretary in charge of the Home Department; (f) the Secretary in charge of the Finance Department; (g) the Secretary in charge of the Social Welfare & Empowerment Department; (h) the Director General of Police as its Member secretary; and (i) three non-political persons of proven reputation for integrity and competence to be appointed on the recommendation of the Selection Panel constituted under Section 41. (2) The composition of the Board shall reflect adequate gender and minority representation. (3) No serving government employee shall be appointed as an Independent Member. (4) Any vacancy in the State Police Board shall be filled up as soon as practicable, but not later than three months after the seat has fallen vacant.

Independent Members of the State Police Board shall be appointed on the recommendation of a Selection Panel, which shall consist of- (a) a retired Chief Justice or Judge of a High Court as its Chairperson; (b) the Chairperson of the State Public Service Commission; and (c) the Chairperson of the State Election commission.

The Selection Panel shall evolve its own procedure to select Independent Members through a transparent process.

No person shall be appointed as an Independent Member of the State Police Board if he- (a) is not a citizen of India; or (b) has been convicted by a Court of law or against whom charges have been framed in a Court of law; or (c) has been dismissed or removed from service or compulsorily retired on the grounds of corruption or misconduct; or (d) holds an elected office, including that of Member of Parliament or State Legislature or a local body, or is an office-bearer of any political party or any organization connected with a political party; or (e) is of unsound mind.

A person shall be appointed as an Independent Member for a period of three years. The same person shall not be appointed for more than two consecutive terms. A person appointed as an Independent Member may resign his position by written communication addressed to the Chairman of the Board.

(1) An Independent Member may be removed from the State Police Board by a two-thirds majority of members of the Board on any of the following grounds, namely- (a) proven incompetence; or (b) proven misbehavior; or (c) failure to attend three consecutive meetings of the State Police Board without sufficient cause; or (d) incapacitation by reason of physical or mental infirmity or otherwise becoming unable to discharge his function as a member. (2) In addition, an Independent Member shall be removed from the State Police Board if he incurs any of the grounds of ineligibility specified under Section 43.

(1) The State Police Board shall perform the following functions namely,- (a) frame broad policy guidelines for promoting efficient, effective, responsive and accountable policing in accordance with the law; (b) approve the five years Strategic Policing Plan and Annual Policing Sub-Plan; (c) identify performance indicators to evaluate the functioning of the Police Service. These indicators shall, inter alia, include operational efficiency, public satisfaction, victim satisfaction vis-a-vis Police investigation and response, accountability, optimum utilization of resources, and observance of human rights standards; and (d) review and evaluate organizational performance of the Police Service in the state as a whole as well as district-wise against (i) the Annual Plan, (ii) performance indicators as identified and laid down, and (iii) resources available with and constraints of the police. (2) Till such time an appropriate law is made on the subject, the State Police Board shall also function as the State Vigilance Commission and perform the same functions in respect of the Sikkim Vigilance Police as are performed by the State Police Board in respect of the State Police, with Director Vigilance acting as the Member Secretary, who shall be an officer not below the rank of Inspector General of Police.

(1) Non-official members would be entitled to such remuneration or allowances as may be notified by the State Government from time to time. (2) The expenses on account of remuneration, allowances and travel in connection with official business of the State Police Board, in respect of the Independent Members of the Board shall be borne by the State Government.

(1) Notice for meetings of the Board shall be issued by the Member secretary at least 15 (fifteen) days before each meeting. Members desirous of raising an item for discussion in the meeting shall send notice so as to reach the Member Secretary at least 7 (seven) days in advance and the item shall be taken up with the approval of the Chairman of the Board. (2) All meetings shall be held at Gangtok unless the Board decides otherwise. A record of proceedings of the Board shall be maintained by the Member Secretary who shall cause them to be circulated within 15 (fifteen) days of each meeting. (3) The quorum for a meeting of the Board shall be one-third of the filled-up members of the Board. In the absence of quorum, the meeting shall be adjourned to the same time on the next working day, and no quorum shall be required for such adjourned meeting. (4) The Board may devise its own procedure for transaction of business in accordance with provisions of this Act.

(1) The Board shall, within three months after the end of each financial year, present to the State Government a report on its work during the preceding year as well on the evaluation of performance of the Police Service. (2) The State Government shall cause such Annual Report to be laid before the earliest session of the State Legislature following its receipt from the Board, along with an action taken report.

(1) The administration of the police throughout the State shall vest in the Director General of Police and in such Additional Directors General of Police, Inspectors General of Police, Deputy Inspectors General of Police and other officers, as may be appointed. (2) The administration of Police in a district shall vest in the District Superintendent of Police. (3) Administration means the management of the Police service subject to law, rules and regulations, and will include framing of regulations, supervising the functioning of the police at all levels, appointment to subordinate ranks of the police service, deployment of the police personnel, posting, transfer and the requisite disciplinary action up to and including the rank below that of Inspector of Police, and advising the Government on the placement of officers of the rank of Assistant/Deputy Superintendent of Police and above: Provided that the State Government may intervene in the exercise of the administrative powers by the Director General of Police or any other authorized officer, only in accordance with the prescribed rules, regulations or in exceptional circumstances involving urgent public interest, the reasons for which should be recorded in writing.

As Head of the State Police, it shall be the responsibility of the Director General of Police to- (i) advise the Government and the State Police Board in all matters of Policing; (ii) implement the policies, the Strategic Policing Plan and the Annual Policing Sub-Plan approved by the State Police Board; (iii) administer and supervise the police service to ensure its efficiency, effectiveness, responsiveness and accountability; (iv) issue directions irrespective of any general executive instructions to the contrary but subject to the provisions of this Act and the rules made there-under, for recruitment of constabulary and Group 'C' officers to fill in existing and anticipated vacancies in accordance with the sanctioned strength, as per provisions of the recruitment rules.

(1) There shall be a State Police Establishment Committee headed by the Director General of Police and comprising the heads of the Intelligence, CID, Law and Order and one other officer not below rank of Inspector General of Police nominated by the Director General of Police into the Committee. The Committee shall be responsible for: (i) approving all posting and transfers of officers below the rank of Deputy Superintendent of Police between the various wings of the Police organization, and deputation outside the organization with the approval of the State Government, and for inter-district transfers in all the wings: Provided that in respect of any transfer to/from a district the committee shall take into account the recommendation of the concerned District Superintendent of Police and in case the recommendation is not accepted the committee shall record its reasons for not accepting the same; (ii) Issue of general policy directions and Standing Orders to the committees constituted for making postings and transfers within a unit or district as provided under sub-section (2); (iii) hearing and disposing of appeals against transfer orders issued by authorities subordinate to the Director General of Police; (iv) recommending proposals for transfer of officers of the rank of Deputy Superintendent of Police and above to the State Government subject to provisions of this Act; (v) making recommendations to State Government with regard to representations in Service matters from officers of the rank of Deputy Superintendent of Police and above and dealing with all establishment matters not covered by any other Board. (2) With the previous consent of the State Government the Director General of Police may constitute a Committee, or any specific Unit within the Police organization for making postings and transfers within such unit or a district.

Promotion to each rank in the Police Service shall be based on seniority cum merit, to be evaluated through the result of a qualifying examination and 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: Provided that for the officers of the Indian Police Service such evaluation criteria shall be as framed by the Government of India.

(1) The State Government shall lay down a training cum Education policy covering all ranks and categories of Police personnel. This policy shall ensure that all Police personnel are adequately trained to perform their task taking due care of proper skill development, and shall be linked to career development scheme of police personnel in different ranks and categories. (2) The policy shall also aim to promote a service culture of Police personnel pursuing appropriate educational and professional qualifications as they advance in their careers.

(1) The Director General of Police shall be responsible for submitting the budgetary requirements of the Police service as a whole to the State Government sufficiently in advance in the preceding financial year. (2) The budgetary requirements shall be worked out on the basis of realistic assessment of the needs of each wing, unit and sub unit of the police service obtained from the unit officers concerned. (3) The District Superintendents of Police shall take special care to ensure that the financial requirements of each Police Station in the Districts are worked out meticulously and adequately reflected in the budgetary demand of the District. (4) The budgetary allocation made by the legislature shall be placed at the disposal of the Director General of Police who shall be vested with the powers of spending the amounts earmarked under each head of the budget as per the approved plan and directions given by the State government from time to time.

The Director General of Police shall cause to be published each quarter a Police Gazette containing Departmental Orders, Notifications and Circulars issued in the State for circulation within the Police organization, and may publish appropriate portions of the publication on the website of Police Department.

The role and functions of the Police shall broadly be :- (a) to uphold and enforce the law impartially and to protect life, liberty, property, human rights and dignity of the members of the public; (b) to promote and preserve public order and prevent nuisances in public places; (c) to protect internal security, to prevent and control terrorist activities, communal order, militant activities and other situations affecting internal security; (d) to protect public properties, including roads, railways, bridges, vital installations and establishments etc. against acts of vandalism, violence or any kind of attack; (e) to prevent crimes, and reduce the opportunities for the commission of crimes through preventive action, intelligence gathering and community participation; (f) to accurately register all complaints and take prompt follow-up action thereon, at least only acknowledging the receipt of the complaint; (g) to register and investigate all cognizable offences coming to their notice in the police station or otherwise, duly supplying a copy of the First Information Report to the complainant, and where appropriate, to apprehend the offenders, and extend requisite assistance in the prosecution of offenders; (h) to create and maintain a feeling of security in the community and as far as possible prevent conflicts and promote amity; (i) to provide, as first responders, all possible help to people in situations arising out of natural or man-made disasters and to provide active assistance to other agencies in relief and rehabilitation measures; (j) to aid individuals who are in danger of physical harm to their person or property, and to provide necessary help and afford relief to people in distress situations; (k) to facilitate orderly movement of people in public places, ensure their general safety and security, and regulate fairs, events and processions for the purpose; (l) to control and regulate traffic on streets, roads and highways and generally in public places, and prevent obstruction; (m) to collect intelligence relating to matters affecting public peace and all kinds of unrest including social and economic offences and organized crime, communalism, extremism, terrorism and other matters relating to national security, and disseminate the same to all concerned agencies, besides acting as appropriate on it themselves; (n) to take charge, as a Police Officer on duty, of all unclaimed property and take action for their safe custody and disposal in accordance with the procedure prescribed; (o) to provide guards in accordance with the standing orders issued in this behalf for treasuries, lock ups and other locations as sanctioned by the Government from time to time; (p) to provide escorts over prisoners or for valuables in accordance with standing orders issued by the Director General of Police from time to time; (q) to perform such other functions as may be required in accordance with this Act and any other law for the time being in force.

Every police officer shall- (a) behave with the members of the public with due courtesy and decorum, particularly so in dealing with senior citizens, women, and children; (b) guide and assist members of the public, particularly senior citizens, women, children, the poor and indigent and the physically or mentally challenged individuals who may need help and protection; (c) provide all requisite assistance to victims of crime and of road accidents and in particular ensure that they are given prompt medical aid, irrespective of medico-legal formalities, and provide all such information and documents as would facilitate their or their next of kin's compensation and other legal claims; (d) ensure that in all situations, especially during conflict between communities, classes, castes and political groups, the conduct of the Police is always governed by the principles of impartiality and human rights norms, with special attention to protection of weaker sections including minorities; (e) prevent harassment of women and children in public places and public transport, including stalking, making objectionable gestures, signs, remarks or harassment caused in any way; (f) render all requisite assistance to the members of the public, particularly women, children, and the poor and indigent persons, against criminal exploitation by any person or organized group; and (g) arrange for legally permissible sustenance and shelter to every person in custody and making known to all such persons the provisions of legal aid schemes available from the Government and also inform the authorities concerned in this regard.

(1) The primary duty for the role and functions of the Police under this Act shall, unless specified otherwise, be with the Police of the District concerned headed by the District Superintendent of Police: Provided that the State Government may by general order create or designate special units at the State, District or Police Station level for investigation, traffic, intelligence, Law and Order etc. and in such a case the responsibility for the discharge of the function shall be with such Unit. (2) It shall be the duty of every Police officer posted to a State Unit or the District Police and any unit therein, to discharge the role and functions assigned, to the best of his ability by the proper exercise of the powers conferred upon him under this Act or any other law for the time being in force. (3) Subject to the general or specific orders that may be made by the State Government in this behalf, the Director General of Police or the District

(1) The State Government may, by notification in the official Gazette declare any service to be an essential service to the community for a period as may be specified from time to time, by a notification as may be deemed necessary. (2) Upon a declaration being made under sub-section (1) and so long it remains in force, it shall be the duty of every Police Officer to obey lawful orders of his superior officers for the maintenance of the essential service.

A senior Police Officer may perform any duty assigned by law or by a lawful order to any officer subordinate to him and may aid, supplement, supersede or prevent any action of the subordinate officer by his own action or that of any person lawfully acting under his command or authority whenever the same shall appear necessary or expedient for giving more complete or convenient effect to the law or for avoiding any infringement thereof.

All persons shall be bound to comply with the reasonable and lawful directions given by a Police Officer in the discharge of his duties under this Act. Where any person refuses or fails to comply with any such direction, a police officer may, without prejudice to any other action he may take under any other provision of this Act or any other law for the time being in force, arrest such person and produce him before the nearest magistrate within a period of twenty four hours.

(1) A Police officer effecting arrest or detaining a person arrested in accordance with the Law shall, (i) wear accurate, visible and clear identification, with name tags; (ii) prepare a memo of arrest at the time of arrest giving the date and time of the arrest, and forthwith send a written communication to his immediate superior; (iii) inform the person arrested of his right to have some one of his choice as a next friend, notified of his arrest or detention as soon as he is put under arrest or is detained, and forthwith cause such a person to be notified; (iv) make an entry in the diary at the place of detention regarding the arrest of the person, specifying the name of the next friend of the person arrested who has been informed of the arrest and the names and particulars of the Police officials in whose custody the person arrested is kept; (v) arrange for immediate medical examination by a doctor designated for the purpose and for further medical examination every forty-eight hours during his detention in custody; (vi) send copies of all the documents including the memo of arrest referred to above, to the Magistrate having jurisdiction, for his record; (vii) permit the person arrested to meet his lawyer in such manner as may be prescribed; (viii) cause the name and other particular of the person arrested to be displayed in the notice board at the place of detention and at such other places as may be prescribed; (ix) inform the arrested person, of his right to engage a lawyer and of the provisions of Legal Aid Authority for getting free legal aid. (2) In making an arrest or keeping an arrested person in custody, only that amount of force shall be used as may be reasonably required to ensure that there is no possibility to escape. Handcuffing of a person arrested or in lawful police custody shall be resorted to only where there is a reasonable apprehension that such a person may turn violent, attempt suicide, escape or be forcibly released from arrest or detention.

(1) No Police Officer shall withdraw himself from duties of his office unless expressly allowed to do by the competent authority. (2) No Police officer shall resign his office unless he has given notice in writing to his superior officer of not less than one month, and it has been accepted as per the rules prescribed by the State Government for its employees. (3) No Police officer shall engage in activity of any other office unless expressly permitted to do so in writing by the Director General of Police or an officer authorized by him.

Police Stations covering rural or town areas shall be so organized as to be reasonably self-sufficient in matters of accommodation, amenities as well as in communication facilities, transport and Police housing. Each Police Station will also be equipped with adequate facilities of forensic science and scientific aids to investigation.

Special attention shall be paid to the security of each Police Station, particularly in areas prone to violence or mass disturbances.

The jurisdictional area of a Police Station shall be divided into suitable number of Beats, each covering a cluster of villages or a specified town area, to be kept under the direct charge of a Constable, Head Constable or an Assistant Sub Inspector (called Beat Officer) for maintaining regular and close contact with the villages under his charge.

The Station House Officer shall ensure that every village or town area in his jurisdiction is covered by a Beat Police Officer as per the minimum frequency prescribed by the Superintendent of Police by a general or special order.

The duties and responsibilities of the Beat Officer shall, inter-alia, be: (a) to liaise with community elders, members of the Community Liaison Group, if any, the Village Defence Party, the Village Guard, and the residents of each village under his charge, and to review, during every visit, the crime prevention measures in the village; (b) to collect information relating to crimes and criminals and activities of subversive, militant and anti-social nature, if any, in the village and communicate the same to the Station House Officer; (c) to maintain watch over history-sheeted criminals, if any, and others with criminal record or bad characters; (d) to acquaint himself with local disputes having potential for violence or with caste or communal overtones, and inform the Station House Officer of the same with all available details; (e) to carry out any other policing task in respect of the village assigned by the District Superintendent of Police or by Station House Officer through general or special order. (f) to record any public grievances and complaints in relation to policing; and (g) to maintain a record of aforesaid duties and responsibilities carried out by him during his visit and submit the same regularly to the officer in charge of the Police Station.

(1) The Station House Officer shall visit every village under his jurisdiction, as per the minimum frequency prescribed by the Superintendent of Police through a general or special order, and shall interact with as many local residents as possible so as to assess the level of public satisfaction with the police. (2) All supervisory officers including the Superintendents of Police shall regularly visit as many villages in their jurisdiction as possible. The purpose of such visits shall be to review the general state of crime, the law and order situation and the activities, if any, of violent and militant individuals or groups in the area and to interact with as many local residents as possible so as to assess the level of public satisfaction with the police. (3) The Station House Officer shall cause to be maintained a Village Register, entering therein major crimes incidents or potential for crime in a village or town area based interalia on the report of the Beat Officer, his information and that of his superior officers.

The State Government may by notification provide for the establishment of a Village Guard for a village or cluster of villages to be enlisted by the District Superintendent of Police from amongst able-bodied persons of either gender, between the age of 21 and 60 years and with unimpeachable character and antecedents who are permanent residents of that village, possessing the ability to read and write in the local language, who have not been convicted by a Court of law or have not had charges framed against them by a Court of law in a criminal case, or dismissed, removed, discharged or compulsorily retired from any employment on grounds of corruption, moral turpitude or misconduct, and who are not active members of any political party, or organization allied to a political party or a militant outfit.

A person enlisted as Village Guard will normally have a tenure of three years, which may be renewed upon satisfactory performance. No renewal shall, however be granted to a person after he crosses the age of sixty years or who has served for three consecutive terms or who incurs any other condition of ineligibility specified in the foregoing section.

A Village Guard shall be removed from the assignment at any time during the currency of his enlistment if he incurs any condition of ineligibility stipulated in Section 71.

The Village Guard shall be a public servant as defined in the Indian Penal Code, 1860.

The Superintendent of Police shall ensure that every person, on his induction as a Village Guard, is administered a training course of a duration and as per the syllabus prescribed by the Director General of Police. Periodical refresher training shall also be organized for those who are re-enlisted as Village Guard, for each renewed term.

Every person enlisted as Village Guard shall take an oath or affirmation, as prescribed before the Station House Officer concerned.

Each Village Guard will be provided with an identification Badge and a reasonable monthly honorarium and due out-of-pocket expenses as prescribed by the District Superintendent of Police. The honorarium so fixed shall not be less than that paid to a Home Guard in the State.

Any person who for any reason ceases to be a Village Guard shall forthwith deliver up to the Superintendent of Police or to an officer authorized by him his identification Badge and all records and documents maintained by him as the Village Guard.

The duties and responsibilities of the Village Guard shall include: (a) reporting the occurrence of any crime or law and order situation in the village, at the earliest, to the Police, and assisting the Police in bringing the offenders to book; (b) maintaining a general vigil in the village from the point of view of crime prevention or prevention of a law and order problem and promptly informing the Police about the same; (c) remaining alert and sensitive to any information about any suspicious activity, movement of suspicious persons or development of any conspiracy in the village that is likely to lead to a crime or breach of law and order, and promptly passing on such information to the Police; (d) assisting any citizen in arresting or handing over to the Police Station any person or persons under Section 43 of the Code of Criminal Procedure, 1973, along with the arms, ammunition, property or any objectionable or suspicious object, if any, seized from him, without delay; In case the arrested person is a woman, a male Village Guard shall be accompanied by a woman; (e) securing and preserving the scene of any crime till the arrival of the Police, duly ensuring that it is not disturbed by curious onlookers or any unauthorized person; (f) meeting the Station House Officer at a minimum frequency as prescribed by the Superintendent of Police through a general or special order, to report on such activities and incidents in the village as would have a bearing on crime, law and order or other concerns; (g) maintaining the prescribed records and registers; (h) recording any public grievances or complaints in relation to Policing; and (i) liaising with the village Panchayat on matters relating to crime and law and order in the village.

Wherever it appears, on the basis of information received, that there is likelihood of violence or major crime or damage to property in any area, the Superintendent of Police, in consultation with the District Magistrate, may direct organization of a group of local respectable persons for each village or cluster of villages or town for the purpose of carrying out preventive patrolling, promoting crime reduction measures and generally assisting the Police in their functioning. The group will be called the Village/Town Defence Party and may not normally consist of more than 15 members, with provision for having more than one Village/Town Defence Party if the size and population of the village or cluster of villages so require. The composition of the Party shall reflect the diversity of local population including adequate gender representation.

Members will be inducted into the Village/Town Defence Parties by the Superintendent of Police in consultation with the Community Liaison Group from amongst able-bodied persons, and with good character and antecedents, who are permanent residents of that village or town, who have not been convicted by a Court of law or have not had charges framed against them by a Court of law in a criminal case, or dismissed, removed, discharged or compulsorily retired from any employment on grounds of moral turpitude, corruption or misconduct, or are not connected with any political party or any allied organization thereof. The Superintendent of Police shall appoint one member as leader of the party based on his experience and leadership qualities, and may replace a member or the leader in case his work or conduct is not satisfactory.

A Village/Town Defence Party shall be organized for a period not exceeding 30 days. Provided that the period may be extended for a further period of 30 days by the Superintendent of Police in consultation with the District Magistrate, for reasons to be recorded in writing.

In the event of any complaint against Village/Town Defence Party or its members, the Superintendent of Police will take appropriate action, including, if necessary, removal of the concerned members.

The District Superintendent of Police will make arrangements for the training of the members of Village/Town Defence Party, if deemed necessary. Members of the Village/Town Defence Party shall wear the identification badge issued by the District Superintendent of Police if considered necessary by him.

Any person who for any reason ceases to be a member of a Village/Town Defence Party shall forthwith deliver, to the Superintendent of Police or to an officer authorized by him, his identification Badge and all records and documents maintained by him as a member of the Town Defence Party.

The District Superintendent of Police in consultation with the District Magistrate shall constitute a Community Liaison Group for each Police Station, comprising respectable local residents of the area with unimpeachable character and antecedents, including retired public servants and heads of teaching institutions if any, as representatives of the community, to generally advise the Police in their functioning. The Community Liaison Group shall have a fair representation of gender, and all other segments and professions of the society in villages falling in the Police Station area. The Community Liaison Group shall have two representatives nominated by each Panchayat Samiti in the jurisdiction of the concerned Police Station from amongst its members: Provided that no person convicted by a court of law or against whom charges have been framed by a Court of law in a criminal case, or dismissed, removed, discharged or compulsorily retired from any employment on grounds of corruption, moral turpitude or misconduct shall be eligible to be inducted into the Community Liaison Group: Provided further that no person who is connected with any political party or an organization allied to the political party, other than the nominated representative of the Panchayat Samiti, shall be eligible to be inducted into the Community Liaison Group.

The Community Liaison Group will identify the existing and emerging policing needs of the area, which will be taken into consideration by the Station House Officer while preparing the annual policing strategy and action plan for his jurisdiction for submission to the District Superintendent of Police. The Community Liaison Group shall perform such other functions as prescribed. It will meet as frequently as necessary, and at least once in each quarter of a year. The meetings of the Community Liaison Group shall be attended by the Sub-Divisional Magistrate and Sub-Divisional Police Officer as well as the Station House Officer. The meetings shall be open to the public.

While planning for any major development activity including development of new colonies, the concerned agency shall consult the Director General of Police to assess the likely impact of the proposed developmental activity, on the safety and security needs of the citizens or any other policing requirements, and the suggestions based on such assessment shall be given due consideration in finalizing the plan.

(1) The Director General of Police shall, with the approval of the State Government, draw up an Internal Security Scheme for the entire State as well as for each of the districts and major urban areas to deal with problems of public order and Security of State, as specific to the area and shall place it before the State Police Board for its approval. (2) The Internal Security Schemes so formulated shall be reviewed and revised as and when necessary, once in two years, and more frequently if required.

District level Internal Security Scheme shall be prepared by the District Superintendent of Police and sent to the Director General of Police along with the endorsement and suggestions of the District Magistrate.

(1) The Internal Security Schemes will, as far as possible, cover all major potential threat areas, is prone to or which can otherwise be anticipated in the State or any part thereof. In preparing the Schemes, the Director General of Police shall pay special attention to likely disturbance of public order arising out of non-implementation of developmental programmes in the backward and not-so-easily accessible areas. (2) The Schemes will provide that officers deploying the Police to deal with situations of conflict between communities, classes, castes and political groups shall ensure that its composition, as far as possible, reflects social diversity of the area including adequate representation of weaker sections and minorities.

The Internal Security Scheme shall, inter alia, cover the role of the Police with regard to the security of any establishment or installation relating to critical infrastructure if any located in the area.

(1) Any organization, while taking up any activity or programme, which is otherwise unobjectionable but may have the potential for disturbing law and order may inform the Police, and thereupon, the Police shall take such measures as deemed necessary to deal with the situation. (2) While preparing the Internal security Scheme under Section 90 the Police shall take into consideration the contingencies of special law and order problems, and security requirements that may arise in such situations.

The internal security Schemes will incorporate regularly updated and comprehensive Standard Operating Procedures for the action to be taken by the Police, independently or in coordination with other concerned agencies in the period preceding, during, and in the aftermath of problems of each kind.

A report of commission of a crime shall be entered in the records of the Police Station forthwith in accordance with the law in such manner and on such format as may be prescribed by the Government by rules or by the Director General of Police through Standing Orders.

The State Government shall in the Police Stations of such crime-prone areas or urban areas as it may consider necessary, by order separate the investigation of crime from law and order and other Police functions by creating a Special Crime Investigation Unit (CIU), headed by an officer not below the rank of Sub-Inspector of Police, with appropriate strength of officers and staff, for the investigation of economic and heinous crimes.

The officers posted in Crime Investigation Units will be selected on the basis of their aptitude, competence and integrity. Their professional skills will be upgraded, from time to time, through specialized training in investigative techniques, particularly in the application of scientific aids to investigation and forensic science techniques.

Officers posted to Crime Investigation Units will have a reasonable tenure, and will be rotated to law and order and other assignments.

(1) The officers posted to the Crime Investigation Units will investigate crimes such as murder, kidnapping, rape, dacoity, robbery, dowry-related offences, serious cases of cheating, misappropriation and other economic offences as notified by the Director General of Police, besides any other cases specially entrusted to the Unit by the District Superintendent of Police. (2) All other crimes will be investigated by other Police Officers posted in such Police Stations.

Necessary legal and forensic assistance will be made available to investigating officers during visit to the scene of crime and during investigation.

The investigation of cases taken up by the Crime Investigation Unit personnel, over and above the supervision of the Station House Officer concerned, will be supervised by an officer not below the rank of Deputy Superintendent of Police, who will report directly to the District Superintendent of Police.

(1) The Criminal Investigation Department (CID) of the State shall take up investigation of offences of a more serious nature or those that may have inter-state or inter-district ramifications, and other complex crimes, including economic crimes as notified by the State Government from time to time and as may be specifically entrusted to it by the Director General of Police in public interest. (2) The Director General of Police may entrust the Criminal Investigation Department with the investigation of any case registered with any Police Station in the State in case special investigation is expeditiously required, or it is necessary to do so to maintain public credibility in the investigative process.

The Criminal Investigation Department will have specialized units for investigation of cyber crime, organized crime, homicide cases, economic offences, crime relating to women, and any other category of offences, as notified by the State Government and which require specialized investigative skills.

The officers posted to the Criminal Investigation Department will be selected on the basis of their aptitude, professional competence, experience and integrity. They will undergo appropriate training upon induction, and their knowledge and skills will be upgraded from time to time through appropriate refresher and specialized courses.

The Criminal Investigation Department will be provided with an appropriate number of law officers, crime analysis, technical experts, specialists etc to guide, advise and assist the investigating officers in the Police Stations or the CID.

The Criminal Investigation Department shall be provided with adequate staff and funds. The head of this Department and the State Intelligence Department will be vested with the financial powers and privileges of a Head of the Department.

The Criminal Investigation Department shall be equipped with adequate facilities of scientific aids to investigation and forensic science including qualified and trained manpower, in accordance with the guidelines if any issued in this regard by the Directorate of Forensic Science or the Bureau of Police Research and Development of the Government of India.

(1) The head of the Criminal Investigation Department shall cause to be prepared, within 6 (six) months from the commencement of this Act, a comprehensive Investigation Manual specifying detailed operating procedures for investigation of serious crimes and other crimes, procedure for collection of samples for forensic analysis by the CID and Police Station level CIUs and investigating officers. The Manual along with recommendations of the Director General of Police shall be placed before the State Police Board for its approval within 1 months of the commencement of this Act. (2) The Criminal Investigation Department shall publish a periodical Criminal Investigation Gazette/Crime Review, giving information regarding crime, arrests, wanted persons, warnings etc., in such form and with such content as the Director General of Police may direct from time to time. The Gazette shall be widely circulated, and published on the website of the Police Department.

(1) The State CID shall maintain databank of all indices important for crime investigation, crime prevention and tracing of lost and missing persons and property, and shall administer the State Crime Records Bureau and District Crime Record Bureau for the purpose. (2) The CID shall maintain adequate linkages with District Superintendents of Police and with the National Crime Records Bureau for data updating and exchange. (3) The CID shall have a Finger Print Bureau to be headed by an officer of appropriate rank. The Bureau shall maintain computerized, searchable databanks of finger prints, including those collected in the course of investigation by the Bureau or by the District Police. The State Finger Print Bureau shall coordinate activities with similar agencies in other States and Government of India. The Finger Print Bureau shall provide training to investigating officers of the District Police and develop standard operating procedure for lifting, developing and matching finger prints in various circumstances, and shall publish a Finger Printing Manual for the purpose.

The State Government shall evolve a Training cum Education Policy for the Police in accordance with the provisions of this Act, 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 and the State Government from time to time. The training policy shall aim at achieving the objectives of imparting knowledge in Police subjects, developing 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 posting to different assignments in a structured manner, as notified by the State Government from time to time.

In evolving the training policy, optimum advantage shall be taken of the methodologies of distance learning, outsourcing and on the job training.

The State Government shall create and upgrade from time to time, the infrastructure and capabilities of 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 periodically. For this purpose the State Government may also create a suitable training centre with the requisite infrastructure in the districts or in the Armed Police Battalions.

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 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.

For an objective periodical evaluation of the training policy of the State and its implementation, the State Police may utilize the available assistance of organizations such as the Bureau of Police Research and Development of Government of India.

The State Government may establish a State Bureau of Police Research and Development with provision for appropriate staff, funds and other resources to regularly 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.

The tasks of the State Bureau of Police Research and Development, when constituted, shall include :- (a) preparation of five-year Perspective Plans to modernize and upgrade Police infrastructure with the objective of enhancing the professional competence and efficient management of the Police Service. This Plan shall cover mobility, weaponry, communication, training, forensic infrastructure, equipments and protective gears, official and residential accommodation, and any other subject which may have a bearing on qualitative improvement in Policing; (b) keeping abreast of the latest equipment and innovative technologies successfully introduced by other Police organizations within the country or abroad, and assessing the adaptability or otherwise of such equipment and technologies by the State Police. These may include new products, arms and ammunition, riot control equipment, traffic control equipment, Police transport and various scientific and electronic equipments useful for scientific aids to investigation or other policing tasks; (c) liaising and coordinating with the Bureau of Police Research and Development of Government of India, the academia, reputed scientific organizations, institutions and laboratories and private sector undertakings on relevant matters; (d) studying specific and developing problems of policing in the State with the objective of evolving solutions and remedial measures; (e) examining the prevalent system of policing and suggesting structural, institutional, and other changes that need to be introduced in the Police to make its functioning more efficient and responsive; and concurrently evaluating and documenting the impact of modernization and training policies of the State Police and reporting its findings to the Director General of Police and the State Government.

Subject to any rules and regulations made in this regard by 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, in respect of the following, amongst others, for:- (a) prevention and investigation of crime; (b) effective prosecution of offences, including filing of appeals; (c) maintenance of law and order; (d) regulation and inspection of the Police organization and of the work performed by Police officers; (e) determining the description and quantity of arms, accoutrements, clothing and other wherewithal to be provided to the Police Service; (f) prescribing the places of residence of members of the Police Service; (g) institution, management and regulation of any Police fund for purposes connected with the Police administration including reward to informers or welfare of Police Personnel etc.; (h) regulation, deployment, movements and location of the Police; (i) 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; (j) regulating the collection and communication of intelligence and information by the Police; (k) prescribing the records, registers and forms to be maintained and the returns to be submitted by different Police units and officers; (l) computerization of Police records and police working; and (m) generally, for the purpose of rendering the police more efficient and preventing abuse of power and neglect of duties by them.

No Police officer shall join or be a member of any association or participate in the activities of such association which has an objective, or which aims at collective negotiation, on matters relating to the Police service.

(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 (provided that such reduction in rank shall not be to a rank below the rank in which such officer was recruited); (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 Group 'C' Police officer under his official control:- (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 an officer of equivalent rank may award punishment of reprimand or censure to any officer of or below the rank of Sub Inspector of Police. (4) Any officer of and above the rank of Inspector of Police may award punishment to Constables and Head Constables as prescribed in the rules framed under this Act. (5) Any punishment mentioned in subsections (1), (2), (3) or (4) awarded to a Police officer shall not affect his liability for prosecution for any criminal offence committed by him.

(1) A police officer of or above the rank of Superintendent of Police may, place an officer of the rank of Inspector of Police 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; or (c) where in the opinion of the aforesaid authority there is prima facie evidence in respect of any criminal offence under investigation, enquiry 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 in the circumstances, where a disciplinary proceeding is contemplated or is pending and another disciplinary proceeding is started against him during the currency of that suspension, the competent authority to place him under suspension may, for reasons to be recorded in writing, direct that the officer shall continue to be under suspension until the completion of all or any of such proceedings. (4) An order of suspension so made may at any time be revoked or modified, or reviewed every six months or earlier, suo-motu or on a representation made under sub-section by the authority which made the order, or any authority to which such authority is subordinate. (5) In every case where the period of suspension exceeds one year, the case shall be reported to the Director General of Police who shall thereafter report the same to the State Police Board.

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

(1) An appeal against any order of punishment passed against an officer under this Act or any rules made thereunder, 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. (2) No appeal shall lie after a period of 45 (forty-five) days of passing the order of punishment: Provided that the State Government or the Director General of Police may relax the period within which the appeal should be filed for just and sufficient reasons to be recorded in writing.

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 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 in any part of the State. (2) Notwithstanding the grant of compensatory benefits in lieu of holidays or weekly off or for service beyond office working hours the appropriate Police authorities and the State Government shall ensure that all Police personnel get reasonable number of holidays and time offs.

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 employment or office of profit whatsoever, other than his duties under this Act unless expressly permitted to do so in writing by the Central or State Government in case of Indian Police Service and State Police Service officers respectively, and the Director General of Police in every other case.

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

The State Government shall establish a Police Accountability Commission (hereinafter referred to as the Commission) consisting of a chairperson, and such other members as may be necessary, to enquire into and dispose of, cases of misconduct or serious misconduct, upon complaints by sworn statement against the Police officers, and to perform such other functions specified in this chapter.

The Commission shall have three members with a credible record of integrity and commitment to human rights and shall consist of:- (a) A retired High Court Judge who shall be the chairperson of the Commission; (b) A retired officer not below the rank of Secretary to the State Government or a police officer superannuated in the rank of not below that of Superintendent of Police, with experience in public administration; (c) One person of repute and standing from the civil society: Provided that at least one member shall be woman and not more than one member shall be a retired Police officer.

(1) The Chairperson of the Commission shall be appointed from a panel of retired high court judges, received from the Chief Justice of the High Court of Sikkim. (2) Members of the Commission other than the Chairperson shall be appointed on the recommendation of the selection panel constituted under this Act for the appointment of the independent members of the State Police Board. (3) Vacancies in the Commission shall be filled up as soon as practicable and not later than three months after a seat has fallen vacant. (4) In selecting members of the Commission the Panel shall adopt a transparent process.

A person shall be ineligible to be 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; (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 an 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 and has been so declared by a competent Court.

(1) The term of office of the Chairperson shall be 5 (five) years, and that of a member 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 135. (2) The Chairperson and Members shall be eligible for reappointment on the expiry of term. (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.

The Chairperson or any Member of the Commission may be removed from office on the recommendation of the State Police Board, 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 135; 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 the functions of the Commission. (2) The strength of the staff, their remuneration and conditions of service shall be as prescribed by the State Government, keeping in view the size of the State, its population and the average number of complaints against the Police, the additional functions entrusted to the Commission, and shall be periodically reviewed and revised. (3) The subordinate 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 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 motu 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 if constituted; (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; (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 and action on the complaints of 'misconduct' against Group 'A', Group 'B' and Group 'C' police personnel through quarterly reports obtained 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 such inquiry or action on the complaints is getting unduly delayed. (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" by a Police officer, brings such matter to its notice. (5) The Commission may lay down general guidelines for the State Police to prevent misconduct on the part of the police personnel, and (6) The Commission shall also perform the functions of the State Human Rights Commission listed under section 12 of the Protection of Human Rights Act, 1993, for the State of Sikkim and make suitable recommendations to the Government and the authority concerned. In performing such functions the Commission shall be provided all necessary information/ assistance as it may reasonably require, by all concerned.

(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. (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, is committed in the view or presence of the Commission, the Commission may, with the prior sanction of the State Government, and after recording the facts constituting the offence and the statement of the accused as provided for the Code of Criminal Procedure, 1973, 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. (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, 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. (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 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 mala-fide, 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 recommendation 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: Provided that the Commission, before finalizing its opinion in all such cases, shall give to the Director General of Police an opportunity to present the department's view and additional facts, if any: 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 compensation and damages 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 people in cases of being dissatisfied by the departmental inquiry into his complaint; (c) the number and type of cases including those referred to it in (b) above in which advice or recommendation was issued by it to the police for further action; (d) the identifiable patterns of misconduct on the part of Police personnel in the State; and (e) recommendations on measures to enhance police accountability. (2) The annual report of the Commission shall be laid before the State Legislature in its 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 complainant may lodge his complaint relating to any 'misconduct' or 'serious misconduct' on the part of police personnel either with the departmental police authorities or with the Commission: Provided that no complaint shall be entertained by the Commission 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 authority, he may inform the Commission at any stage of the departmental inquiry about any inordinate delay in the processing of the inquiry. (3) The complainant shall have a right to be informed of the progress of the departmental inquiry into his complaint and its result by the concerned police authority or the Commission. (4) The complainant may attend all hearings in any proceeding concerning his case, and shall be informed of the date and place of each hearing. (5) All hearings shall be conducted in a language intelligible to the complainant, and if the situation warrants, 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...

(1) The Director General oJ Police shajl refer or cause to be reiered,all allegat ons ol"serous misconduct'by Po ice person nel coming 10 his notice or of h,s Oepadre.t lo lhe Commrsslon. (2) lt shall be the duty oi the heads of the Dislrici Police and the Slate Police as wellas any olherconcerned State agency 1o plovrde 10 lhe Commission allinformation itmay reasonably require lo perJorm iis duties prov ded for in this Chapter.

Whoever influences or interferes with the functioning ol the Commission, except in the co!rse of lawful duty, shall, oo conviction by a co!4 of law, be liable to aiine or1oan i.np sonmenl for a term not exceeding oae year, or both. Explanation: Ary lhrcat, coercion or inducemeni oftered lo any wilness or victim of polrce misconducl or serious misconduct, shall be deerned to be interference with the functioning ol the Commission lor the purposes of this Secllon.

(1) The Slate Police Eoard created underthisActshall regularlyevaiuate and review the performance oi the Police Setuice in the Stale as a whole and also districl-wise. For thrs purpose, the Board sha l- (a) identify performance indicalolsto evalualethe lunct;oning ofthe Po;ce Service, which shali, inter alia, include operationaL efliciency public satislaction, victim gratiiication vis-a-vis police investigation and response, accountabillty, oplimum uulization of resources, and human rights record; {b) review and evaLuate organlzationalperformance ofthe State Police against (i) the Annual Plan provided for ln this Act, (il) performance indicators as idenlified and laid down bythe Board itself(ili) resources available with, and constraints of the Police; (c) laydown poicy g uidelines for gathering information and statistics relaled to Po ice workt and (d) suggesi ways and means to lmprove the efflciency, effectiveness., accountabilily, and responsiveness of the Police.

(1) The Board shall, at the end of each calendar year, prepare and toflvard lo the Siate Government an annualreporl on Police perlomance, wh ch 6hal1, nteralia, incl!de recorn mendations for irnprovement. (2)This report shall be Laid before the Staie Legislature n the budget session and shalL be a public document, made easijy accessible 10 the public.

No suit or other legalproceeding shaLI lie agaihst the Slate Government, the State Police Board, its members and slafl, the PoLlce Accountability Commission, its members, staff or any person acting underihe dlreciion of the Board orthe Cornmission, in respecl otantthingwhich is in goodiaith doneorinlended to be done in pursuance oflhe provlsions ofthrs Chapter.

(1 ) Ar otiicer l.ol oelow lne ran{ ot Depulv lnspeclor Gereral or Forice' ir lne '"' ' .rr "" oi1r,""o,*cto' Gereral oi Po ic;, sha'r be oes'g'raledaswe'a'e Oflicerto aarise ana assist him in the implemenlation of wellare measures for Police Of{icers. ),The fUnctions a^d dLt.es o'lhe Werare Ofice-shall 'nlel ar'a iTclLde '' ,a'a,"iti-a" """ -orilor:rg ol wella-e -neasules ror Police pe'so_ne such as_ rar hearhca'e,particular.y "'espe"lof c'ronica_ose-ousailTe-ls' a_d '"' :ij o,"s p;.i-r"lir"-eit he: ih ca-e schenes lor Po';ce oersonne ard their dePendenls; Lo, lur and lioeral reoical ass'stance lo ool ce oerson_el s-ria-i_g '^l-1 n !he coLfse o' Pedo'nance ot dJtY: (c) financial security for the nexi of kin ol those dying in harness (d) post'ret remenllinanclai security; (e)grouP housingl /il edJcat on a'd ca'ee'cou_sel'ng and Irain rg in aopropr ale shlls fo depeloenls o' oolice oH cels: and ro) aoorop'iale leqalfac' ilies olde'ence o'po' ce ollicers lacrng coLd '"' riJ""uoinqt li."tlers relating to bonafide dlscha'ge ol dLl' (h) monitol the welf are activities underlaken by various Pollce units in the State. {3) The Wel'are O'1 cer sha'l De ass steo by :-ch s-bo'd .]ale o'l ce-s as p,escrrbeo oyl.e D' ecto' Gel.era, nl Porice. r4 A Police Wellare F .rd, unoe- I'e aorr:-istralio,1 a_o cont'olol tne Wel'are '' "it'""r .n"ri L.*"Ieofo'lLewela'eaclivilies anoolog-arre'foI Po lce personnel, which will have two componenls" (a) oLrtright linancial granl by the State; and (b, ralchl,1g gra l bv Ihe slale Io the corl io-l'ons rade oy Ine Pollce pe so nel lowalos ll'e \ e'fare lJnd' ,5t The Welia-e Ort;cerslarr, in tne pe'lorrance ol hisluncl ons begLidedoythe '' ;;;;;;; ",;. tu'o oo*n uv a wel'are co'nr;nee a1o rariJ'ed. b! rl'e "dir"Lio"i"r"i t 0f" p"rice TheWelfare committee shallcomprise of one or ;;;orrce oersonler oi drflererl ranks i'om each -_it o' \ti19 o{ Ihe Pol ce service lo be no'r,_ateo by the D'recior Ge,le al ol Police' r6, _l ne Welfare Ofl'cer shall also .nlelact wli'1 oll'er gove'nmenl deoannenls' '"' ;',; ;;

t 1 t The Srare Goverl'Tent na/ Drov'de 'nsLra^ce co!e'age to'a'l or spec 'ic '"' ' .;;;; ;;r;s ot police'ofl cers aga 1sr alv n jul' d'sao'l ry or dealh caus-ed in the course of perlorrnance ol their duiy (2) Police Otiicels posted in specialwings, such as Co!nter-Terrorism Operallons Unils, Bomb Disposal Squads, Commando Groups e1c. shall be paid risk allowance commensurate with the risks involved in lhose duties (3) ln addition io facililies as may be mado avaiLable in hospilals tor general treatmenl and specialised services, Police personnel may a so be provided with a medical insurance cover that would enable them to keep up the requked standards ol health and physica filness. (4) Fac ities ior slress management, includlng psychological counsellng, 1o cope wilh prolessional stress shal be given due atlentlon in all police units and establishments.

(1) The Direcior Generalof Police, wiih lhe approvalof lhe State Government shall put in place a fa r, transparent, and pariicipalory grievance redressal mechanism ior looking inio individual as wellas collective grievances of Police personnel, whlch shallbefreely received and channeled uPwards from all levels of the organization. Till such time any other mechanisrn is put ' ln place ihe Welfare Oflicerand ihe Welfare Committee indicated rn S-oction 152 shallserve the purpose and report to the Direcior Generai of Police' (2)The grlevanceslhal cannot be redressed by the said mechanism shall be forr'r';rded lo the State Police Board, which in turn, shall make appropriate recommendallo ns to the Stale Govelnment{or lemedial measures. (3) An analysis oi ihe grievances, the:r causes and their impacl on the moraie and etticiency oi tile Police Seryico shall be carried out annuaLly' This analysis shall be included in the annual repori ol lhe Slale Poiice Board

The Slaie Government shall iake effeclive steps to ensLlre thal the average hours ol duty ol a Police Officer do not normally exceed eight hours a day : Provided thalin exceplional siiualions the duty hours of a Pollce Ofiicer may extend up to '12 hours or beyond. ln such cases, adequate compensalion and facilities shall be provided to the Police personnel.

r L The Drstlicl S-perinlerdenl oi Do :ce o' a1 od ceI 4ol belor !he ann o' a""ittln-Joupurv srp"'_lenoenl ol Po ce nay wnere necessary' d:';eci if," "onor"t oi uit ,"".blies and processions on any public place road' tii""i.;i.,orsn tur", "no o'escribe lhe roules by $hcn a-d,1ie ti-ne-al - ir,iJ .rcn " iroc"ts'o1 nay pass o'the place at whrch and lre l'4'e'or which an assdmbly may be held' /2r li shal be oitv ol anv person rle'ding lo olgar'ze a process on on any ' ' oao, sl'eei oithoroLg-'aro, oI lo co.1vene an aSsen_bly at dny pJ0 lc ola'e' to o ie ir' nar,or ir w't'ng lo Ire corcer'ed D'sl'ict S_oerrntenderl o' Po'ice orine S-b_ D visio_al Po ice Oficel /3i The District Superlntenderl o- any officFr nol be ow Ihe rdn< o'Assislanv -" o"-orl i.r", n,*o"nl o{ Pol'ce ;1 rece'pl or s_ch ''llimalio4 or othe1vise and u;on be _q satisi:ed lnat sLcn an assen'ory or plocessro^' ll a loweo i,ir,orr or" "oit'or uno ,egu'atro_ is ri\ely lo caJse a breacnor peace nay orescr,be _ecessary cond Iio_s inc'udi_g'na\ing p'ovisions'orsallstaclory ',"n,lrrorv atranoelerts, on w_ich alone s-cn asserblvo'olocess on nay i.l" "ir"ir. U

(1)A N,4aolsrale o' ary Po'lce Oilicer'lo( berowthe rank S-b_'nspecto "' " " ot poia" urt."rize; ir lh's behall oy tne Disrict Suoerinle'dent oi Do ce mav sloo anv asseraD,\, or processior which violares lhe cond tlors set ,,.?"..-'IooJ",io". i );-d (3J oi Sectio4 I 56, and orde'sJcn asse'nb y or procession to disperse. (2) Anv assembly oI process'on wh'ch neg'ects o'Iel"ses lo ooey a ) o der ' qiv;a L"der s-b_sect'on (') above shall be oeemed 10 be an r.1la'IU assembly "under Chapiei Vlll ofthe lndian Penalcode' 1860'

(1)Any 1,4aO.silate orlhe D'strrct Supe'inlenoent ol Po ice o-any of''cer _ot '* ' ;;;;;'";-k "' AssrsranuDeputy superinlerrde,,.t ol Porice'nay reg-Lare l'e lirre and t1c vo ume al whlch nus'c and other so'l'ld systerns a-e useo in connection with any performances and other activ ties in or near .ir"",. oi uny putli" ilice that cause annoyance io ihe res;den1s of the neighborhood. (2) lt sha I be lhe duty ol any person inlending to organize an event or nerlormance al a puo ic place alv\l'ic'music aro olher sound sysJers are ,."ir" """", ": *,ir' i"e pe'ornances to gire inlinano" rr wril'nglo.IFe concened tlag'strate ano Dislrict S-oe"lenderl o' Pollce or t"e SUD_ Divisional Police Otlicer' (3) Any,4agisirate orthe Digiricl superintendent of Police or any off cer not . oetw tr"e 'ann of AssrstanuDeputy Supelinte^dent ol Police o" rece pl of sucr:.Llma',on o'olherw'se' a_d -oon oelrg sarsiied lhal such ar Pverl lr iiloweO w r,,o"r due conr-ot a-d tegulat on. is 'ihely Io cause a breaci or peace or annoyance Iot"e'es'denls oflLe leighborhood, rnay 0'escnDe- r"""..". cond,tio". ncl-o ng'rak'ng o'ov s:o ns 'or satrsfac]9 ry T-S:l:11) arargeorents. o" wh,ch a'one sLc'\ evenl may Lahe o ace' A lor0els aro direclions sho!ld be given wilhin 48 hours of receiptol rntimation, as laras possible.

(1) Any Magistrate o.lhe District S!perintendent of Police or any other Police Ofticer authorized by him in this behali. through a general or speclal o rde r. may give reasonab e directions to the pubticto keep order on pubtrc roads arid streets, thoroughlares, orany public place, in orderto prevent obstruclion, injury, orannoyance to passers-by orto prevenl pollr.rtion. (2)Any Maglstrate orlhe District Superintendent of Police may issue geferal drectionsundersub-secllon (1)in respectof the wholedislrctoranypart thereof.

Anypersonnolobeyingthelawfulordersissuedur]derSeciions 156, 157and 158 may be arresied and on convlction by a Court of la!,v, shali be iable to a f ne.

(1)Any ft,4agistrate or lhe Drstrici Superintendent ol Po]ice may, by p!bLic notice, iemporarily reserue forany publc purpose any slreet orolherpubllc place and prohibitthe publlctrom entering the area so reserved, except on such conditrons as may be specifed. (2)(a) The Distrlcl Superintendent of Police may a!thorize any Police oificer to erecl baftiers and other necessaryslructures on publ c roads and streets, to check vehicles or occupanls thereod ior violation ol any Iegal provisions by them. (b) ln making such order, the District Superintendent of Police shall prescribe the necessary steps for ensuring the saleiy of passers-by. (c) These temporarystruct!res shali be removed oncelhe purpose lor which they were installed is over.

Nol wilhstanding anything conlained nthls chapter nothing shal bedeemed lo have inierfered with the generaLcontrolofthe [4agistrates ofthe District on the matters assjgned to them under any law lor the time being in force.

Any person, who obstrucis the discharge of dulles and functions oi a police ofiicer, sha l, on conviction, be liable to slmple imprisonment not exceeding three months or f ne or both,

Whoever not being a m€mber of the Police Service, wears, wlthoLtt obtaining permission irom an ofiicer aLrlhorized in this behalf by the State Governrnenl by a general or special order, a Police un form or any dress having the appearan ce o r bearing any o r the dlstin ctive rn arks of that uniform, sha 1, on convicUon, be punished with imprisonment not exceeding six months oriine or both

Whoever, having ceased to be a Police olficer, does not forlhwith deliver up his/hercertificate of appointment, clothing, accoulrements and other wherewlthal supp ied 1o him for lhe execution oi his duty, shall on convlcuon by a coun oi law. be liable to a fine.

Whoever makes a talse siatement or a statement which is misLeading in materal particu ars to a Police offlcer forlhe purpose of obtaining any benelit shaL, on conviclion, be punished with imprisonment for a term which may extentto lhree months or iine or both.

(1) whoever. being a Police officeF (a) williully breaches or neglects lo lollow any legal provis on, procedure, rules, regulations applicable to members of the Police Service; or (b) without law4ul reason, iails to regisler a First Lniormation Report as required by Sectjon 154 oi the Code ol Criminal Procedure, 1973i or (c) is tound in a state of intoxication, while on duty; or (d) malingers or feigns illness oriniury orvoluntarily causes hurtlo himself with a view to evading duty; or (e) acts in any other manner unbecoming ol a Police Otficer;shall,on conviction, be punishedwith imprisonment foraiermwhich may extend ro lhree n_ontl's o'wilE a ii'1e o'bolh. (2)Whoever, be ng a Police Officer:" (a) is gullty of cowardice; or (b) abdicates duties. or withdraws from duties or remains absent withoul aulhorizallon from dutyior more than 21 (twenty-one) daysior (c) uses crrminal force against another Police Officer, or indu ges in gross insubordlnalioniol (d) is guilty of sexual harassrnent in the course of duty, whelheriowards other Polce Officers or any member of the pubLlc;shall, on convlcilon, be punlshed wiih irnprisonmeni for a ierm which mav €xtend to three months orwiih afine or both.

Whoever, being a Police ofllcer- (1 ) withoul laMu I aulhority and reasonable cause enters or searches, or causes to be enlered orsearched, anybuilding, vessel,lenl or place;or (2) unlaMully and without reasonablecause seizesthe property oiany person;or (3) unlaMully andwilhout reasonable cause delains,searches, orarrests a person;or (4) unla#Lrlly and wilhout reasonablecause delays lhe lorwarding ol any person arrested io a Magistrate or to any other aulhorily to whom he is legally boLind tofoMard slrch person; (5) subjects any person in her/hls custody or wiih whom he may come lnto contact in ihe course ol duty, to torlure orlo any kind of inhuman or unlaMul persona violence or gross misbehavior; (6)holds out and threat: orpromise nol wa(anted by law;shall, on conviction, be punished with lmprisonmenl for a ierm which may exlend to one year and shall be liable lo fine.

(1) Any person who commits any ol lhe lollowlng ofiences on any road, oI street orlhoroughfare, or any open place, within the limils of any area speclally notiiied by the Stale Government or a LocalGovernmenl forthe punose of this Seclion, to the inconvenience, annoyance ordanger ollhe residenls or passers"by shall, on conviclion by a Coud, be liable to a iine: (a) allowlng any cattle to stray, or keep ng any cattle or conveyance oi any kind standing longerlhan is required lor loading or unloading ortorlaking up orsetting down passengers, orleaving any conveyance in such a manner as to cause inconvenience ordangerto the public; (b) beingfound intoxicated and /riotous; (c) neglecting tO lence in or duly protect anywell, lank, hole or olfter dangerous place orstruclure underhischarge or possession;or otherw se creating a hazardous situallon in a public placel (d) defacing, or aflixlng noiices, or writing grallition walls, buidings orother structures wltholt ihe prior permission oflhe custodian ofihe property; (e)wjlllullyenlering orremaining without suiiicient cause in or upon anybuilding belonging to the Govemment or land orground attached lhereto, oron any vehicie belonging to Governmenll (i) kn owin gly spreading rumours orcausing a talse alarm to mislead the police f ire brigade or any other essenlial service or; (g) willl!lly darnaging or saboiaglng any public alarmsysteml (h) knowingly and willullycausing damage to an esseniialservice, in order to caLse ge^e'al pan:c among rhe pJb'ic: (i) act ng in contravenlion of a nolice publicly dispiayed by the competent authority in any government b!ilding, provided that the police shalltake cognizance of this offence only upon a compla nt made by an aulhorized lunclionary of the concerned oifice; 0 causing annoyance to a wornan by making indecefl overtures orcals or by stalking, provlded thatthe Police shalltake cognizance of this offence on y upon a complaini made by ihe victim: (k)ihrowing difi, waste rnaterials, p aslic bags etc. n jhoras'; ({) unloadlng or keeping any conslruction maierial etc, on a street, road or thoroughfare that may cause obslructlon lo the movementoithe people or vehicles; (m) slaughlering any catt e, cleans any carcass or rides or drives any caltle recklesslyon any road orln any open place to the obstruction, lnconvenience, annoyance, rlsk danger ordamage of lhe residents or passers-by; (n) neg ecis to fence in or protect any we l, lank or other dangerous place or (2) The State Governmcni may, by notlicalion in the OtficialGazette, prescribe a m nimum amount of fine that shall be irnposed on a person on conviclion Ior any oifence mentioned in sub-secion (1). (3) lt shall be laMulforany pollce oJt cerio take inio custody, wilhout awarrant, whoevercornmiis anyoflhe oifences meniioned in sub-seclion (1). (4)Whoever commits any oilence under sub-Secllon (1), on subsequent convicllon shal be liable to enhanced punishrnent.

(1) All gene.al direct ons, regulalions and public notices lssued underihis Chapter shall be published by posting noiices in the office of the District and Sub-Divisional l\,4agiskaie, BDO Oiiice, and Panchayal oifice of ihe local area as weil as in ihe locallty affected, by af'fixlng copies in conspicuous places nearthe building orplaceio which the notlcespecially relales, or by announcing il by the bealing oi drum or by advedising in local newspapers and other media, or by any othermeans as the Superinlendent of police may deem fit: Provided lhatthe S u perintendent of Pollce may, on being sat siied lhat It is in public interest to b ng any regulalion inio fdrce wilh immediate etlect, make sLrch direclion or reOulation wilhout previous ptlblication. (2) lf any direction or regulation made underthis section relates to arly matter wiih respect io which ihere is a provision n any la\, rule or bylaw ofihe Corporation orofany other MunicipaLor LocalAuthorty n relat on lo publ c health, converl ence or salety oJ the localily, such regulalion shallbe subl6ctlosuch law, rule or byelaw.

No Court shalltake cognizance of any olfence aileged lo have been commitied lnder this Act by any PoLlce otfcer whie acting or purporting lo act in the discharge of his official duty excepl on a report in wrillnq ofthe tacts constltutlng such offence by, orwith lhe previous sanction by the auihority dLr y authorlzed by the State Governmenl in his behalf.

Subject 1o lhe provisions coniained in Section 300 of the Code o{ Crim nal Procedure,'1973, nothlng in thisActsha lbe consirued as prevenl ng any Person from being prosecuted and punished underany other law for an)'1hing made punishable by this Act.

(1) A court taking cognlzance of an otfence punishable under Sectlons 160 ard 169 may state, upon the summons to be served to the accused person, thal he may, by a spacllied date priorto the hearing ofthe charge, plead 1o lhe charge by registered letter, and remit to the court such sum as the court may sPecify. (2) Where an accused person pleads guilty and rernits the sum specif ed in the surnmons under sub-section (1), no further proceedings in respecl of the offence shaLl be taken againsl that person.

Provisions of Sections 64to70 ofthe lndian PenalCode 1860 and Seclions 386 to 389 oi the Code of Criminal Procedure 1973 shall apply to penalties and fines imposed under thls Act on convictlon before a Magistratei Provided thal notwithstanding an)'thing cottained in Section 65 oi the lndian PenalCode, 1860, any person sentenced lo fine under Sections 160 and 169 may be rnprisoned in delault ot payment ofsuch fine, tor any period not exceeding eighl days.

No Coud shalltake cognizance ol any otfence underthis Chapter alter the exp ry of the period of limllation provided for in Seclion 468 of the Code ot Criminal Procedure, T 973. The provis ons oi Chapter XXXVlolthe Code oi Crlminal Procedure shall apply for computing the period oi lirnitalion.

All lees paid-fo I ljcenses o I written permission issued u nde r th is Act an d a slms paid for the service of processes by potice oificers ana alt rewaras, forfeituresand penallies o.shares thereof whictr are Oy taw payaoteto Cotl-e o.l'ce. as i"fo.rrers sha,l. save rn so far as any srcn ,ee, oisrri-f"Un'I u'rderlhe p'ov,sio-s otany enaclme.rjr ro,celo jry tocalr_llo, ry oec;;;; to the State Government I Provided rnal with rhe sanction ol rt e Slale Governmenl. or _noeT anv rrle maoe by the Slate Governrnent jn tnatoelari rre *r,o,e - aiv ponloi o'r anysuc5 reward. ,orieiture or penally may Io. soeciat seru.ces, O'e'paro to a polrce o'icer, or be dj!:oed amongst lwo or more po,ice O.1,cers.

Any oroe.or notificalJon oJbisheo or.ssJed b! tr-e S-ate Goverrmenl orov a Magisfare or,l cerunde,any provrsio. ot tni; Acr. and t,e oue pr,b.,cat:#oi tsLe ll.e.eol.-lay be proved ov rhe oroouct:on ot " "ooy,n","oii,: if," Offi"iui u-azene, or ot a copythe.eoJsrg.ed by suc5 [, {ag.st,ate oro.icer andbyrin- cenll,ed lo be a lrue copy of aa origirai p,b,ished or rssueo acco.d;no to rhe provisions of the section of the Act app icable thereto." }, { "id": "178", "section": "178", "title": "Validity of rules and\"", "status": "in-force", "deleted_by": null, "content": "No rule, regutai on, order, direction, ornotification made orpublished and no adjud cal o-, inq- ry o. act done under any provrs on o. t\"rs Acl oTUnoeranv rL es naoe rhere-unoe.. lvnich is in s,.:bitartiar co.iorm ry \"i,h th\" ;a;; shail be deemed illegal, void or invalid by reason of any deiect of lorm." }, { "id": "179", "section": "179", "title": "Oftice.s holding charge of or Succeeding to vacancies competent io exercjse powers", "status": "in-force", "deleted_by": null, "content": "Whenever in consequence oflhe otfjce of a poiice officerbecomtng vacant, any officer holds charge of the post of such police oiticeror succee\"ds, eiinei temporarily or permane.fly, to his otfice, such ofiicer shalt be competent to exercise a I l' e rrowe's and peno,.rr alrthe oulres respecltvely co1te.,ed an; imposed by lhis Acr on such oo ice oiiice/. as l1e case nay oe." }, { "id": "180", "section": "180", "title": "Licences and writlen permissjons to specily conditions, and to be signed", "status": "in-force", "deleted_by": null, "content": "(1) AnV licence or wrrflen permtssioi g.anled u-oer rhe p.ov s.ons ot I .is Acr sha speci{y the pe'.od and local ty .or wr ch ard t^e cono:l ons ano resr ctiot suo:ect lo whtcn, the san-e s granreo. and snal be g ven rnoer the signature oflhe competent authority rnd such fee lor grani of such permission rnay becharged as is prescribed by any rule;derthis Actor as prescribed by the State Governrnent kom tlrne to time in that behati. (2) Any licence or written permissjon granted under this Act may at any time be suspended or revoked bythecompetent authority, if any ofitsconditions or restrjctions is infringed or evaded by the person to whom it has been granted, or if such person is convicted oJ any offe!ce in any matter to wh ich such llcence o r permls sion relates, or if there is likelih ood ot breach of peace, (3) When anysucl-,icerceo-writen perm:ssion s s-spendeo orreJo(ed, or \\aher tfe per:od,or wnich lhe sane was g.a4led hds erprreo. r.re pe,so, iowhomihe same was granted shall for all pu.poses of this Act, be deemed to be withaut a licence or written permiss/on until the oider for suspending or revoking the sarre is cancelled, or untjl the same is renev,,ed. as the case may be, (4) Every persor to whom any such ticence or lvriiten pe.miss,on has been granted, shall, while the sarne remains in lorce_ at all reasonable time, produce the same, if so required by a potice Oiflcer." } ]

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 with beat of drums, or by advertising the same in such local newspapers, English or regional language or Hindi as the said authority may deem fit, or by any two or more of these means and by any other means it may think suitable: 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 any thing 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 and regulations for carrying out the purposes of this Act. (2) Every rule and regulation made under this Act shall be made by notification in the Official Gazette. (3) Every rule and regulation made under this Act shall be laid, as soon as may be after it is made, before the State Legislature: Provided that all the rules, regulations and orders relating to administration of the State Police establishment existing immediately before commencement of this Act shall be deemed to have been made under this Act unless any provision thereof is found inconsistent with this Act.

Subject to Section 121, the Additional Director General of Police, Inspector General of Police, Deputy Inspector General of Police and Superintendent of Police, and commandant of a Battalion may issue standing instructions within their respective jurisdiction to carry out the purposes of this Act.

(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 legislature.

In the case of any rule or order made by the State Government under 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 open to any aggrieved person to make the 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 Sikkim, 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 provision 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 provision of this Act.