LexThe Haryana Police Act, 2007
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HARYANA GOVERNMENT
LEGISLATIVE DEPARTMENT
Notification
The 2 nd June, 2008
No. Leg. 26/2008.—The following Act of the Legislature of the State of
Haryana received the assent of the Governor of Haryana on the 28 th
May, 2008 and is hereby published for general information:-
HARYANA ACT NO. 25 OF 2008
THE HARYANA POLICE ACT, 2007
AN
ACT
to provide a new State police law for establishment, regulations and
management of the police, redefine its role, duties and its responsibilities and
to enable it to function as an efficient, professional, effective,
accountable, people friendly and responsive agency by taking into
account the emerging challenges of policing, enforcement of rule of law,
the concern for security of the State and the people, good governance
and human rights.
Be it enacted by the Legislature of the State of Haryana in the Fifty-eighth
Year of the Republic of India.
Chapter I
Definitions and Interpretations
Short title 1. (1) This Act may be called the Haryana Police Act, 2007.
Extent and
Commencement
(2) It extends to the whole of the State of Haryana.
(3) It shall come into force on such date as the State Government may, by
notification in the Official Gazette, appoint.
Definitions. 2. (1) In this Act, unless the context otherwise requires,-
(a) "Cattle" include cows, buffaloes, elephants, camels, horses, asses, mules,
sheep, goats and swine;
(b) "Commissioner" means Commissioner of Police appointed as such under
Section 8 of this Act;
(c) "Competent authority" means the authority as may be prescribed;
(d) "Group C posts" means the posts so categorized under the relevant State
Service Rules;
(e) "Insurgency" includes waging of armed struggle by a group or a section of
population against the State with a political objective including the separation
of a part from the territory of India;
(f) "internal security" means preservation of sovereignty and integrity of the
State from disruptive and anti-national forces from within the State;
(g) "militant activities" include any violence of a group using explosives,
inflammable substances, firearms or other lethal weapons or
hazardous substance in order to achieve its political objectives;
(h) "municipal area" means the area as defined in the Haryana Municipal
Act, 1973 (24 of 1973) and the rules made there under;
(i) "organized crime" includes any crime committed by a group or a
network of persons in pursuance of its common intention of unlawful
gain by using violent means or threat of violence;
(j) "police district" means the area as is notified under section 10 of Chapter II of
this Act as distinct from a revenue district;
(k) "place of public amusement and public entertainment" include such place as
may be notified by the State Government;
(l) "police officer" means any member of the police service of the State
constituted under this Act and includes Indian Police Service (IPS)
officers of State cadre;
(m) "prescribed" means prescribed by rules made under this Act;
(n) "public place" means any place to which the public have access and
includes,-
(i) a public building, market, malls, trains, buses, monuments
and precincts thereof; and
(ii) any place accessible to the public for drawing water,
washing or bathing or for purposes of recreation;
(o) "regulations" means regulations made under this Act;
(p) "rules" mean rules made under this Act;
(q) "service" means the police service constituted under this Act;
(r) "State Government" means the Government of the State of Haryana in the
Administrative Department;
(s) "subordinate rank" means all ranks below the Assistant or Deputy
Superintendent of Police
(t) "terrorist activity" includes any activity of a person or a group using explosive
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 Government established by law.
(2) Words and expressions used in this Act but not defined specifically shall have the
meanings assigned to them in the General Clauses Act, 1897 (Act 10 of 1897), the Code of
Criminal Procedure, 1973 (Act 2 of 1974) and the Indian Penal Code, 1860 (Act 45 of
1860).
Chapter II
Constitution and organization of police service
Constitution of 3. There shall be one Police service for the State, constituted by the
Police service
State Government under this Act. Notwithstanding anything contained in any
other
law or any of the provisions of this Act, members of the police service shall
be liable for posting anywhere in the State and outside the State as ordered
by the competent authority and to any branch of the service in the State,
including any of its specialised wings.
Organization and
composition of
Police service.
4. Subject to the provisions of this Act,-
(1) the police service shall consist of such numbers in various ranks
and have such organization or cadres as the State Government may, by
general or special order, determine and shall include the members of the
Indian Police Service allocated to the State;
(2)
the direct recruitment to various gazetted and non-gazetted ranks in
the police service shall be made through a State Level Police Recruitment
Board or District Level Police Recruitment Boards by a transparent process,
adopting well codified systems which shall be framed under this Act;
(3) the pay, allowances, service conditions, mode of recruitment of the
police personnel shall be such as may be prescribed from time to time;
(4) police personnel 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.
Appointment of 5. (1) For the overall direction and supervision of the Police service, the state
Director General
A
DDITIONAL D IRECTOR Government shall appoint a Director General of Police who shall exercise such powers
General, Inspector
General, Deputy
perform such functions and duties, and have such responsibilities and such authority,
Or Assistant Inspector
General.
as may be prescribed.
(2) The State Government may appoint one or more Directors General of
Police, Additional Directors General, and as many Inspectors General, Deputy or
Assistant Inspectors General of Police as may be necessary.
(3) The State Government may, by a general or special order direct in what
manner and to what extent Additional Director General or an Inspector General 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 and responsibilities.
Selection and term of 6. (1) The State Government shall appoint the Director General of Police from
office of Director
General of Police. amongst the officers holding the rank of Director General of Police.
(2) The Director General of Police so appointed shall have a minimum tenure
of one year irrespective of his normal date of superannuation:
Provided that the Director General of Police may be transferred from the post
before the expiry of his tenure by the State Government through a written order
specifying reasons, consequent upon:
(a) conviction by a court of law in a criminal offence or where charges
have been framed by a court in a case involving corruption or moral
turpitude; or
(b) punishment of dismissal, removal, or compulsory retirement from
service or of reduction to a lower post, awarded under the provisions
of the All India Services (Discipline and Appeal) Rules, 1969 or any
other relevant rule; or
(c) incapacitation by physical or mental illness or otherwise
becoming unable to discharge his functions as the Director
General of Police; or
(d) promotion to a higher post under either in the State or the
Central Government.
Appointment of Legal 7. (1) The State Government may appoint adequate Legal officers and Finance
and Finance officers.
officers to aid and advise the Director General of Police on legal and financial matters,
as may be prescribed.
(2) The State Government may also appoint in every District Police Unit and City
Police Commissionerate, as the case may be, one or more Legal officers to advise the
police on legal issues and matters including the adequacy or otherwise of the available
evidence as deemed necessary in various cases investigated by them.
(3) Appointment of officers under sub-sections (1) and (2) shall be made in the
made in the manner as may be prescribed.
Administration of 8. The State Government may, be notification in the Official Gazette, establish for
Police in municipal areas,
Major urban area and
each of the major urban areas as may be notified for the purpose from time to time, a
other notified areas.
police system which is capable of handling the typical complex problems of crime,
public order and internal security in urban or suburban areas, which call for quick and
comprehensive response springing from purposeful direction, unitary chain of
command, professional competence, functional specialization, and legal authority
coupled with accountability as follows:-
(i) the State Government may appoint a police officer not below the rank
of Inspector General of Police to be the Commissioner for any area
specified in a notification issued by the State Government in this
behalf and published in the Official Gazette:
(ii) the Commissioner shall exercise such powers, perform such functions
and duties and shall have such responsibilities and authority as are
provided by or under this Act or as may otherwise be directed by the
State, Government by a general or special order:
Provided that the State Government may direct that any of the powers, functions
and duties, responsibilities or authority exercisable or to be performed or discharged by
the Commissioner shall be exercised, or discharged subject to the control of the
Director General of Police:
Provided further that in any area for which a Commissioner is appointed and is
empowered to exercise any power or perform any function or duty under this Act or any
other Act, the District Magistrate shall not exercise the same power or perform the
same function or duty notwithstanding the fact that such area forms part of a district
within the territorial jurisdiction of the District Magistrate.
Creation of Police 9. The State Government may, by notification in the Official Gazette, divide the entire
range.
geographical area of the State into one or more police ranges. Each range, comprising
two or more police districts, shall be headed by an officer of the rank of Inspector
General of Police who shall supervise the police administration of the range and report
to the Director General of Police.
Police districts 10. The State Government, in consultation with the Director General of Police, may
by notification in the Official Gazette, 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 of a district who may be assisted by as many Additional,
Assistant or Deputy Superintendents of Police, as deemed necessary and are notified.
District Level Special 11. (1) For the purpose of dealing with a particular category of crime or providing
Cells and Sub-
Divisions.
b etter service to the community at large including victims of crime, the State
Government may, by notification in the Official Gazette, create one or more Special
Cells in each Police District, to be headed by an officer of not below the rank of
Inspector.
(2) The State Government may, by notification in the Official Gazette divide each
police district into as many Sub-Divisions as deemed necessary, to be headed by an
officer of the rank of Assistant or Deputy Superintendent of Police.
Police Stations . 12. (1) The State Government may, on recommendation of the Director General of
Police and by notification in the Official Gazette, create as many police stations with as
many outposts as may be necessary, in a police district as deemed necessary, duly
keeping in view the population, the area, the crime situation, the workload in terms of
law and order and the distances to be traversed by the inhabitants to reach the police
station.
(2) Each police station shall be headed by a Station House Officer not
below the rank of Sub-Inspector of Police.
(3) There shall be a crime investigation unit of appropriate strength in each
police station.
(4) The Superintendent of Police of a district may constitute a Community
Liaison Group as may be prescribed for each Police station comprising respectable
local residents of the area including the representatives of the weaker sections and
women with unimpeachable character and antecedents and aptitude for community
service to aid and advise the police in its functioning.
Terms of office of key 13. (1) An officer posted as Inspector General of Police of a range or
police functionaries.
Superintendent of Police of a district shall have a minimum term of one year:
Provided that any such officer may be removed by the appointing authority
from his post before the expiry of the minimum tenure prescribed consequent upon:
(a) promotion to a higher post; or
(b) conviction, or charges having been framed, by a court of law in a
criminal offence; or
(c) punishment of dismissal, removal, discharge or compulsory retirement
from service or of reduction to a lower rank awarded under the relevant
Discipline and Appeal Rules; or
(d) suspension from the service in accordance with the provisions of the
said rules; or
(e) incapacitation by physical or mental illness or otherwise becoming
unable to discharge his functions and duties; or
(f) the need to fill up a vacancy caused by promotion, transfer, or
retirement.
(2) In exceptional cases, an officer may be transferred from his post by the
competent authority before the expiry of his tenure for gross inefficiency and negligence
or where a prima facie case of a serious nature is established after a preliminary
enquiry.
Coordination with 14. (1) For the purpose of efficiency in the general administration of the district,
district administration
the Superintendent of Police of a district shall maintain proper coordination with the
District Magistrate or Deputy Commissioner of the district. It shall be lawful for the
District Magistrate, in addition to the provisions of the Code of Criminal Procedure,
1973 (Act 2 of 1974) and other relevant Acts, to coordinate and direct the functioning of
the police with other agencies of district administration in respect of matters relating to
the following:-
(a) promotion of land reforms and the settlement of land disputes;
(b) extensive disturbance of the public peace and tranquility in the district;
(c) conducting elections to any public body;
(d) handling of natural calamities and rehabilitation of the persons
affected thereby;
(e)
situation arising out of any external aggression or internal disturbances;
(f) any similar matter, not within the purview of any one department and
affecting the general welfare of the public.
(g) removal of any persistent public grievance; and
(h) communal or caste clashes.
(2) For the purpose of coordination, the District Magistrate may call for
information of a general or special nature, as and when required, from the
Superintendent of Police of a district and heads of other departments of the district.
Where the situation so demands, the District Magistrate shall pass appropriate orders
and issue directions in writing, to achieve the objective of coordination.
(3) For the purpose of coordination, the District Magistrate shall ensure that all
departments of the district, whose assistance is required for the efficient functioning of
the police, render full assistance to the Superintendent of Police of a district.
Railway Police. 15. (1) The State Government may, by notification in the Official Gazette, create
one or more special railway police districts with required number of Railway Police Sub-
Divisions and railway police stations consisting of such railway lines and other railway
areas in the State as it may notify, and appoint a Superintendent of Police, one or more
Assistant and Deputy Superintendents of Police and such other police officers for
policing such district in the manner as may be prescribed or may notify one or more
police stations in each police district to police the railway lines and other railway
establishments within their area.
(2) The police stations as may be notified shall be responsible for prevention,
detection and investigation of crime, enforcement of law and maintenance of order in
trains passing through their area, in railway lines area and other railway area falling in
their jurisdiction in the manner as may be prescribed.
State Intelligence and
16. The State Police shall have a State Intelligence Wing for collection, collation,
Criminal Investigation
Wings.
analysis and dissemination of intelligence and a separate State Crime Investigation
Wing for collection, collation and analysis of criminal intelligence and for investigating,
heinous crime with inter-state, inter district ramifications, major economic offences,
cyber crime and other cases of serious nature as may be prescribed.
Technical and Support 17. (1) The State Government shall create and maintain such specialised and
Service.
technical agencies and services, under the Director General of Police as considered
necessary or expedient for promoting efficiency of police service.
(2) The services so created shall include a full fledged Forensic Science
Laboratory at the State Level, and a Finger Print Bureau, the State Crime Record
Bureau, Telecommunication Wing and such other establishments as may be required
from time to time. The Director General of Police may hire or engage services of any
person or body of persons qualified for this purpose on contractual basis.
(3) The State Police shall have a Research Wing to undertake specific studies
relating to policing and crime in the State. The Director General of Police may hire or
engage services of any person or body qualified for this purpose on contractual basis.
Police Training 18. (1) The State Government shall establish a Police Training Academy at
the State Level and as many Police Training Colleges and Police Training Schools as
deemed necessary for ensuring efficient post-induction training of all directly recruited
police personnel in various ranks, pre-promotion training for all those promoted to
higher levels and such other general and specialized in-service training courses for
police personnel of different ranks and categories as may be required from time to time.
(2) The State Government shall also provide for appointment, by rules, of
appropriate number of officers from the police service, or paramilitary forces or armed
forces or other professional organizations, in such Police Training Academy, College
and School, after careful selection having due regard to aptitude, academic
qualifications, professional competence, experience and integrity. The State
Government shall evolve a scheme of monetary and other incentives to attract and
retain the best of the available talent in the service to the faculties of such training
institutions.
(3) No police officer shall be deployed on duty without undergoing and passing
any basic training as may be prescribed. No Police Officer shall be promoted to any
higher rank without undergoing and passing pre-promotion training as may be
prescribed.
Oath or affirmation by 19. Every member of the police service enrolled under this Act shall, on appoint-
Police personnel.
ment and completion of training, make and subscribe before the Superintendent of
Police of a district or Commissioner, as the case may be, or another officer appointed in
that behalf by him, as the case may be, an oath or affirmation, as may be prescribed.
Certificate of 20. (1) Every police officer of or below the rank of Inspector shall on appointment
appointment.
receive and insignia and a certificate in the form as may be prescribed. The certificate
shall be issued under the hand and seal of such officer as the State Government may
by general or special order direct.
(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 to belong
to the service or shall remain inoperative during the period such person is suspended
from the service.
Special Police Officers. 21. (1) The Superintendent of Police of a district or any officer, specially em-
powered in this behalf by the State Government, 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, educated and willing person between the age of
18 and 50 years, whom he considers fit to be a Special Police Officer to assist the
service.
(2) Every special police officer so appointed -
(a) shall on appointment, undergo prescribed training and thereafter receive
a certificate in a form approved by the State Government in this behalf;
(b) shall have the same powers, privileges and immunities and be liable to
the same duties and responsibilities and be subject to the same
authorities as an ordinary police officer;
(c) shall be honorary. However the State Government, may be
special order, prescribe the honorarium to be paid to such special
police officers;
(d) who refuses to act as a special police officer or neglects his duties,
shall be liable on conviction by a court to a fine of minimum of one
thousand rupees.
Rank structure in civil 22. The service shall have such ranks and posts as may be prescribed or as may
and armed police.
be notified by the State Government. The recruitment, training, posting, deputation,
promotion, code of conduct, discipline, punishment and appeal and other service
conditions of various ranks of service shall be as per rules.
District Armed Reserves 23. To assist the civil police in enforcement of law and maintenance of order or in
and State Armed Police
Battalions.
situations of likely breach of peace and in disaster management functions, in escort of
prisoners, as well as to discharge such other duties which may require special weapons
and tactical teams or presence of armed police, the State Government shall create
Armed Police Units or Special Armed Police Units with appropriate manpower strengths
in the form of an Armed Police Reserve for each police district, and appropriate number
of Armed Police Battalions for the State. The constitution, recruitment, training,
deployment and administration of such reserves and Battalions shall be as per rules
made under this Act.
Chapter III
Superintendence and Administration of Police
Superintendence of 24. The Superintendence of State Police shall vest in and be exercised by the
State Police to vest in
State Government
State Government in accordance with the provisions of this Act, and any other law for
other law for the time being in force.
State Police Board. 25. The State Government shall, within three months of the coming into for of
this Act, establish a State Police Board to exercise the functions assigned to it under
the provisions of this Chapter.
Composition of Board. 26. (1) The State Police Board shall consist of following members:
(a) the Chief Minister as its Chairperson;
(b) the Home Minister as Vice-Chairperson;
(c) the Leader of the Opposition in the State Assembly;
(d) a retired High Court Judge or Advocate General, Haryana;
(e) the Chief Secretary;
(f) the Secretary in charge of the Home Department;
(g) the Director General of Police as its Member- Secretary;
(h)
three non-political persons (hereinafter referred as 'Independent
Members') of high integrity, expertise and competence in
administration, law enforcement and security related matters shall
be nominated by the State Government. Out of these, one shall be
the retired officer of Indian Administrative Service and one retired
Indian Police Service Officer. The third member shall be nominated
by the State Government from the field of public service, legal
profession or social organizations with at least fifteen years
experience in that field.
Note:- The Independent Members shall be honorary members.
(2) No Serving Government employee shall be appointed as an Independent Member.
(3) Any vacancy in the State Police Board shall be filled up as soon as practicable
after the seat has fallen vacant:
Provided that if there is no Home Minister then the Chief Minister may nominate
any other Minister as the Vice-Chairperson.
Eligibility of 27. The person to be appointed as Independent Member of the State Police Board
Independent Members.
Shall--
(a) be a citizen of India;
(b) be at least a graduate of a recognized university;
(c) have not been convicted by a court of law or against whom charges have been
framed in a court of law;
(d) not have been dismissed or removed from service or compulsory retired on the
ground of corruption or misconduct; and
(e) not be of unsound mind.
Term of office of 28.
Independent Members.
Removal of
29.
Independent Members.
Functions of 30.
State Police Board.
Expenses of 31 .
State Police Board.
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.
(1) An Independent Member may be removed from the State Police Board by the State
Government on any of the following grounds-
(a) proven incompetence; or
(b) proven misbehavior; or
(c) incapacitation by reasons of physical or mental infirmity or otherwise
becoming unable to discharge his functions as a member.
(2) In addition to the grounds mentioned in sub-section (1), an Independent Member
shall be removed from the State Police Board if he incurs any of the grounds of
ineligibility specified under section 27.
The State Police Board shall perform the following functions namely:-
(a) aid and advise the State Government in discharge of its functions and
responsibilities under this Act;
(b) frame broad policy guidelines for promoting efficient, effective, responsive
and accountable policing in accordance with the law; and
(c) review and evaluate organizational performance of the service in the
State.
The expenses on account of allowances and travel of the
Independent Member shall be borne by the State Government in the manner as
may be prescribed.
Administration 32. (1) The administrator of the State Police throughout the State shall be vested in the
of State Police. Director General of Police and in such Additional Directors General, Inspector General,
Deputy Inspectors General of Police and other police officers as may be appointed
under this Act.
(2) The administration of police in a district shall vest in the Superintendent of Police of
a district:
Provided that the State Government may intervene in the exercise of the powers of
administration 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.
Powers and 33 . As the head of the service, it shall be the responsibility of the Director General of
responsibilities of
Director General of
Police to —
Police.
(a) make operational the policies and any action plans approved by the State
Government; and
(b) administer, control and supervise the service to ensure its efficiency,
effectiveness, responsiveness and accountability.
Police Establish- 34 . (1) The State Government may constitute a police establishment committee
ment Committee.
(hereinafter referred to as the, "establishment committee") with the Director General of
Police as its Chairperson and two other senior officers not below the rank of Inspector
General of Police posted within the police organization of the State as members for
administrative matters.
(2) The establishment committee may prepare an action plan for improving the
infrastructure facilities, professionalism, general discipline in the service,
moderanisation, training, welfare of the police personnel and any other work assigned
by the State Government.
Chapter IV
Policing in the context of public order and internal security challenges
Internal Security
Scheme.
Updating standard
operating procedure.
Creation of Special
Security Zone.
35. 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 urban areas notified, to deal with problems of public order and security of
State as specific to the area.
36. The Internal Security Scheme shall 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.
37. If and when the security of the State in an area is threatened by insurgency, any
terrorist or militant activity, or activities of any organised crime group, the State
Government may, by notification in the Official Gazette, declare such area as a Special
Security Zone:
Provided that such notification shall be placed before the State Legislature,
within a period a six months from the date of issue, or the first sitting of the Legislature,
whichever is earlier.
Police structure.
Functioning of different
wings
Standard operating
procedures.
Banning and regulation
of certain devices and
substances.
38. The State Government shall create an appropriate police structure and a
suitable command, control and response system, for each Special Security Zone.
39. The State Government, in order to ensure coordinated functioning of different
wings of the administration, shall set up, in each Special Security Zone, a suitable
administrative structure which shall integrate administrative and developmental
measures in the area with the police response to deal with the problems of public order
and security.
40. The Director General of Police shall, with the concurrence of the State
Government, issue orders, laying down standard operating procedures to be followed
by the police in a Special Security Zone.
41. The State Government may, on the recommendation of the Director General of
Police, and for reasons to be recorded in writing, ban or regulate the production, Sale,
storage, possession or entry of any devices, or equipment, or any explosive, poisonous,
chemical, biological or radioactive articles or substances, or any inflow of funds, in a
Special Security Zone, if the use of such devices, or equipment, or any explosive, or
poisonous, chemical, biological or radioactive articles or substances, or any inflow of
funds, in a Special Security Zone, is reasonably considered a threat to internal security
or public order in the area, in any manner
Framing of rules. 42. The State Government, for any Special Security Zone falling within the State, may
frame rules to prevent and control the activities of persons or organizations, which may
have an impact on internal security or public order.
Chapter V
Effective Crime Investigation
Investigations by District 43. The State Government shall, by notification in the Official Gazette, create in every
Police.
district, a specialised crime investigation unit, headed by an officer not below the rank
of Inspector with an appropriate strength of officers and staff, for investigating economic
and heinous crimes. The Personnel posted to this unit shall not be diverted to any other
duty, except under very special circumstances with the written permission of the
Director General of Police.
Selection of officers. 44. The officers posted in special crime investigation units shall be selected on the
basis of their aptitude, professional competence and integrity. Their professional skills
shall be upgraded, from time to time, through specialised training in investigative
techniques, particularly in the application of scientific aids to investigation and forensic
science techniques.
Investigation of crimes 45. The officers posted to the special crime investigation units may 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 Superintendent of Police of a district.
Legal and forensic
advice.
Role, functions, and
duties.
Senior police officer
performing duties of
subordinate officer.
Police officers to kept
diary.
46. Necessary legal and forensic aid may be made available to
investigating officer during investigations.
Chapter VI
Role, Functions, Duties and Responsibilities of the Police
47. The role and functions of the police shall broadly be,-
(a) to prevent and detect crime;
(b) to protect life and property and maintain law and order;
(c) to preserve public order;
(d) to provide possible help to people in distress or in situations arising out of
natural or man-made disasters;
(e) to facilitate orderly movement of people and vehicles;
(f) to collect intelligence relating to matters affecting public peace, crime, social
harmony and security of state and take appropriate action;
(g) to take charge of all unclaimed property and take action as per rules;
(h) to prevent and control public nuisance;
(i) to enforce any other duty assigned by law.
48. 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 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.
49. (1) It shall be the duty of every officer in-charge of a police-station to keep a
general diary in such form, as shall, from time to time be prescribed by the State
Government and to record therein, all complaints and charges preferred, the names of
all persons arrested, the names of the complainants, the offences charged against
them, the weapons or property that have been taken from their possession or
otherwise, and the names of the witnesses who have been examined.
(2) Every police station shall keep such records registers, forms and returns as
may be prescribed.
(3) The Director General of Police may specify such returns, reports and
statements connected with prevention and detection of crime, maintenance of order,
performance of duties, administration and management of the police service.
Chapter VII
Regulation, Control and Discipline
Regulations . 50. The Director General of Police shall be competent to make regulations or issue
orders, not inconsistent with the provisions of this Act or the rule framed thereunder
regarding.-
(a) prevention and investigation of crime;
(b) maintenance of law and order;
(c) regulation and inspection of the police organization and of the work
performed by the police officers;
(d) regulating the issue and use of arms and ammunition;
(e) wearing of uniform;
(f) prescribed the places of residence of the members of the police service;
(g) institution, management and regulation of any Non-Government fund for the
purpose connected with the police administration or welfare of police
personnel;
(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) community policing;
(m) functioning of police stations and other units;
(n) training of the police force and management of training institutions;
(o) generally, for the purpose of administering this Act and for rendering the
police more efficient, and preventing abuse of power or neglect of duties by
them;
(p) covering any aspect of police administration which is not covered under the
provisions of this Act or rules framed thereunder.
51. Every police officer shall be considered to be always on duty and may at
any time be deployed in any part of the State or outside the State.
52. 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 after expiry of authorized leave
without reasonable cause shall be deemed within the meaning of this section to have
withdrawn himself from the duties of his office.
Employment in office of 53. No police officer shall engage in any other employment or office of profit
profit.
whatsoever, other than his duties under this Act.
Penalty for causing 54. Whoever, intentionally causes or attempts to cause, or does any act which is
disaffection.
likely to cause disaffection towards the Government established by law, amongst the
members of a police force, or induces or attempts to induce or does any act which is
likely to induce, any member of police force to withhold his services or to commit a
breach of discipline, shall be punished with imprisonment which may extent to one year,
or with fine which may extend to ten thousand rupees, or with both.
Explanation:- Expression of disapprobation of measures of the Government with
a view to obtain their alteration by lawful means, or of disapprobation of the
administrative or other action of the Government, do not constitute an offence under
this section unless they cause or are made for the purpose of causing or are likely to
cause disaffection.
Restrictions respecting 55. (1) No member of a police force shall, without the express sanction of the State
right to form
association, freedom of Government-
speech.
(a) be a member of, or be associated in any way with, any trade union, labour
union, political association, or with any class of trade unions, labour unions or
political associations;
(b) be a member of, or be associated in any way with, any other society,
institution, association, or organization that is not recognized as part of the with
any class of trade unions, labour unions or political associations;
(c) communicate with the press or publish or cause to be published any book,
letter or other documents except where such communication or publication is in
the bona fide discharge of his duties or is of a purely literary, artistic, scientific
character or is of a prescribed nature.
Police officers to be
always on duty.
Abdication of duties.
Explanation:- If any question arises as to whether any society, institution,
association or organization is of a purely social, recreational or religious nature under
clause (b) of this sub-section, the decision of the State Government, thereon, shall be
final.
(2) No member of a police force shall participate in, or address, any meeting or
take part in any demonstration organized by any body of persons for any political
purpose or for such other purposes as may be prescribed.
Penalty. 56. Any person who contravenes the provisions of sections 41 and 55 shall, without
prejudice to any other action that may be taken against him, be punishable with
imprisonment for a term which may extend to two years, or with fine, which may extend
to ten thousand rupees or with both.
Employment of police 57. Subject to any orders which the Central Government may make in this behalf, a
officer beyond the State
to which they belong.
member of the police force of Haryana State may discharge the functions of a police-
officer in any part of any other State and shall, while so discharging such functions, be
deemed to be a member of the police force of that State and be vested with the powers,
functions and privileges and be subject to the liabilities of a police officer belonging to
that State's police force.
Extension of disciplinary 58. Where any detachment of the police force of Haryana State is serving in any part
laws of State to member
of service when serving
of any other State, Excerpt shown. Open the full act in Lexace.