LexThe Himachal Pradesh Police Act, 2007
Himachal Pradesh · state statute
Open in Lexace · Ask the AI about this actTHE HIMACHAL PRADESH POLICE ACT, 2007
ARRANGEMENT OF SECTIONS
Sections:
CHAPTER-I
PRELIMINARY
1. Short title, commencement and extent.
2. Definitions.
CHAPTER-II
CONSTITUTION AND ORGANIZATION OF THE STATE
POLICE SERVICE
3. One Police Service for the State.
4. Constitution and Composition of the State Police Service.
5. Appointment of Director-General of Police and other officers.
6. Method of selection and term of office of Director-General of
Police.
7. Appointment of Legal Advisor and Financial Advisor.
8. Creation of Police Zones and Ranges.
9. Police Districts.
10. Creation of District-level Special Cells and Sub-Divisions.
11. Creation of Police Stations.
12. Tenure of office of police functionaries.
13. Co-ordination in matters of over-riding public importance.
14. General Administration.
15. Railway Police.
16. State Intelligence and Criminal Investigation Departments.
17. Organisation of Technical and Support Services.
18. Appointment of Director of StatePoliceTrainingAcademy and
Principals of PoliceTrainingCollege and Schools.
19. Special Police Officers.
20. Deployment of Additional Police.
21. Maintenance of records and returns.
22. Research and Development.
2 THE HIMACHAL PRADESH POLICE ACT, 2007
CHAPTER-III
THE CIVIL POLICE: CONTROL, DUTIES AND
RESPONSIBILITIES
23. Recruitment.
24. Oath or affirmation on first appointment.
25. Certificate of appointment.
26. Uniform and badges of rank.
27. Scale of arms and ammunition.
28. Control and Supervision.
29. Conduct and Discipline.
30. Mounted Police.
CHAPTER-IV
THE ARMED POLICE
31. District Armed Reserves and State Armed Police Battalions.
32. Role and functions.
33. Structure of the Armed Police Organization.
34. Rotation between Battalions and Armed Reserves.
35. Oath or affirmation on first appointment.
36. Certificate of appointment.
37. Uniform and badges of rank.
38. Conduct and discipline.
39. Training.
40. Deployment.
41. Arms, Equipment Mobility, Communications etc.
42. Annual report.
CHAPTER-V
ADMINISTRATION AND SUPERINTENDENCE
43. Administration of Police.
44. Powers and Responsibilities of the Director -General.
45. Superintendence of State Police to vest in the State
Government.
46. State Policing Plans, objectives of policing and priorities.
47. Mechanism for the evaluation of performance of the Police.
THE HIMACHAL PRADESH POLICE ACT, 2007 3
48. Establishment of State Police Board.
49. Composition of Board.
50. Panel for Selection of Non-Official Members.
51. Disqualifications.
52. Term of office and remuneration of Non-Official Members.
53. Functions of the State Police Board.
54. Transaction of business.
55. Annual report on the working of the Board.
56. Police Establishment Committees.
57. Police Gazette.
58. Financial Management.
59. Recognition of meritorious service.
CHAPTER-VI
ROLE, FUNCTIONS, DUTIES & RESPONSIBILITIES
OF THE POLICE
60. The role and functions of the Police.
61. Social Responsibilities of the Police.
62. Duties of the Police Service.
63. Superior Police Officer may himself perform duties of a
subordinate officer.
64. All persons bound to comply with the reasonable directions of
a Police Officer.
65. Arrest and detention.
66. Conduct prohibited for Police Officers.
CHAPTER-VII
POLICING IN RURAL AREAS
67. Police Service in Rural Areas.
68. Duties and Responsibilities of the Beat Officer.
69. Assistance to Gram Panchayat.
70. Village visits by officer-in -charge of Police Station and
supervisory Police Officers.
71. Consultative mechanism
4 THE HIMACHAL PRADESH POLICE ACT, 2007
CHAPTER-VIII
POLICE IN URBAN AREAS
72. Constitution of Urban Police Districts, Sub-Divisions and
Police Stations.
73. Duties and Responsibilities of Police in Urban Areas.
CHAPTER-IX
PUBLIC ORDER AND INTERNAL SECURITY
74. Public Order, Internal Security and Disaster Management.
75. Declaration of Special Security Zones.
76. Administration of Special Security Zones.
CHAPTER-X
CRIMINAL INVESTIGATION
77. Reporting and Registration of Crime.
78. Investigation by District Police.
79. Supervision by Sub-Divisional Police Officers.
80. Supervision by the District Superintendent of Police.
81. Investigation of other offences.
82. State Criminal Investigation Department.
83. Forensics.
84. Maintenance of Crime and Forensic Data banks.
85. Respect for privacy and fair investigation.
CHAPTER-XI
REGULATION, CONTROL AND DISCIPLINE
86. Prohibition of certain practices.
87. Breaches of discipline and disciplinary misconduct by a
Police Officer.
88. Disciplinary Penalties.
89. Suspension.
90. Appeals from orders of punishment.
91. Separate set of rules for Police Officers.
92. Police Officers always on duty.
THE HIMACHAL PRADESH POLICE ACT, 2007 5
CHAPTER-XII
POLICE ACCOUNTABILITY
93. State Police Complaints Authority.
94. District Police Complaints Authority.
95. Composition of the District Police Complaints Authority.
96. Functions of the District Police Complaints Authority.
97. Report of the District Police Complaints Authority.
98. Rights of the complainant.
99. Duty of the Police and other State agencies.
100. Bar to interfere with the functioning of the State Police
Complaints Authority or the District Police Complaints
Authority.
101. Performance Audit by State Bureau of Police Research and
Development.
102. Protection of action taken in good faith.
103. Funding.
CHAPTER-XIII
WELFARE AND GRIEVANCE REDRESSAL
MECHANISM
104. Career Progression.
105. Welfare Committee.
106. Insurance coverage, hospitals etc.
107. Grievance Redressal.
108. Working hours.
CHAPTER-XIV
OFFENCES, PENALTIES AND POWERS
109. Regulation of public assemblies and processions.
110. Assemblies and processions violating prescribed conditions.
111. Directions to keep order on public roads.
112. Power to reserve public places and erect barriers.
113. Regulation of the use of music and other sound systems in
and near public places.
114. Powers of Police Officers in respect of certain offences on
roads or public places.
115. Penalty for disobeying orders or directions.
6 THE HIMACHAL PRADESH POLICE ACT, 2007
116. Saving of control of Magistrate of the District.
117. Police Officers to take charge of unclaimed property.
118. Obstruction in Police work.
119. Unauthorized use of Police uniform.
120. Refusal to surrender certificate etc. on ceasing to be a Police
Officer.
121. Making a false or misleading statement.
122. Arrest, search, seizure and violence.
123. Plea that act was done under warrant.
124. Prosecution of Police Officers.
125. Prosecution for offences under other laws.
126. Summary disposal of certain cases.
127. Recovery of penalties and fines.
128. Limitation.
129. Procedure for publishing directions and public notices.
CHAPTER-XV
MISCELLANEOUS
130. Disposal of fees and rewards.
131. Method of proving orders and notifications.
132. Validity of rules and orders.
133. Officers holding charge of or succeeding to vacancies
competent to exercise powers.
134. Licenses and written permissions to specify conditions.
135. Revocation of licences and its consequences.
136. Public notices how to be given.
137. Consent of a competent authority may be proved by written
document under his signature.
138. Signature on notices may be stamped.
139. Power to remove difficulty.
140. Persons aggrieved may apply to State Government to annul,
reverse or alter any rule or order.
141. Power to make rules.
142. Power to make regulations.
143. Power to issue standing orders.
THE HIMACHAL PRADESH POLICE ACT, 2007 7
144. Repeal and savings.
145. Repeal of H.P. Ordinance No. 1 of 2007 and savings.
SCHEDULES.
THE HIMACHAL PRADESH POLICE ACT, 2007
(ACT NO. 17 OF 2007) 1
(Received the assent of the Governor on the 21st September, 2007 and
was published in Hindi and English in the Rajpatra, Himachal Pradesh (Extra-
ordinary) , dated 26th September, 2007, pp. 5733- 5912)
An Act to consolidate and amend the law relating to the establishment
and management of the Police and matters connected therewith
or incidental thereto;
Amended, repealed or otherwise affected by,-
(i) H.P. Act No. 1 of 20082, published both in Hindi and English in
the Rajpatra, Himachal Pradesh, dated 15th February, 2008 pp.
12345-12347. Effective from 9th October, 2007.
WHEREAS the Nation’s founding faith is the primacy of the rule of
law and the Police, as guardians of the law must promote the rule of law and
render impartial and efficient service to the people with due respect for human
rights as well as due concern for the security of the State and the Nation;
AND WHEREAS the Police needs to be professionally organized and
kept free from extraneous influences, so that it is respected by citizens and
accountable to law;
AND WHEREAS it is expedient to explicitly define the role, duties
and responsibilities of the Police, taking into account the emerging challenges
of policing, and concern for the security of the State as well the need to ensure
good governance and respect for human rights;
AND WHEREAS it is necessary to appropriately empower the Police
to enable it to function as a professionally efficient, effective and responsive
agency.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the
Fifty-eighth Year of the Republic of India as follows:-
1. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh (Extra-ordinary), dated.
30th August, 2007, pp. 4487-4488 and
2. Passed in Hindi by the Himachal Pradesh Vidhan Sabha. For Statement of
Objects and Reasons see the Rajpatra, Himachal Pradesh, dated 21st January,
2008, pp. 11588 and 11592.
8 THE HIMACHAL PRADESH POLICE ACT, 2007
CHAPTER-I
PRELIMINARY
1. Short title, commencement and extent.- (1) This Act may be
called the Himachal Pradesh Police Act, 2007.
(2) It shall be deemed to have come into force on 16th day of July,
2007.
(3) It extends to the whole of the State of Himachal Pradesh.
2. Definitions.- (1) In this Act, unless the context otherwise requires-
(a) “Act” means the Himachal Pradesh Police Act, 2007;
(b) “Cattle” include cows, buffaloes, camels, horses, asses,
mules, sheep, goats and swine;
(c) “Commissioner” means the Divisional Commissioner of a
revenue division;
(d) “competent authority” means the authority as may be
prescribed under this Act or under the applicable rules of the
Central Government, as the case may be;
(e) “Criminal misconduct” means such misconduct which is an
offence under any criminal law in force;
(f) “District”or “revenue District”means a district constituted
under the provisions of the Himachal Pradesh Land Revenue
Act, 1954;
(g) “fund” means the Himachal Pradesh Police Fund established
under section 130 of this Act;
(h) “Gazetted Police Officer” means a Police Officer of and
above the rank of Assistant Superintendent of Police or
Deputy Superintendent of Police;
(i) “insurgency” means waging of armed struggle by a group or a
section of population against the State or the Nation with a
political objective, including the separation of a part of the
State from the territory of India;
(j) “internal security” means preservation of unity and integrity
of the State from disruptive and anti-national forces;
(k) “Leader of Opposition” means the person recognized as such
by the Speaker of the Vidhan Sabha, and includes a person
recognized as the leader of the single largest opposition group
in case there is no recognized Leader of Opposition;
(l) “militant activities” includes any violent activity of a group
using explosives, inflammable substances, firearms or other
lethal weapons or hazardous substances in order to achieve
political or other objectives;
THE HIMACHAL PRADESH POLICE ACT, 2007 9
(m) “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;
(n) “misconduct” means an act or omission of a Police Officer
which is prohibited under this Act or by the rules made
thereunder or is not in accordance with the standard of
conduct specified under this Act or is not in accordance with
the role, functions or responsibilities cast on a Police Officer
under this Act;
(o) “notification” means a notification published under proper
authority in the Official Gazette;
(p) “Non-Gazetted Police Officer” means a Non-Gazetted Police
Officer of Grade-I or Grade-II appointed under section 4 of
this Act;
(q) “offence” means any act or omission made punishable by any
law for the time being in force;
(r) “Official Gazette” means the Rajpatra of Himachal Pradesh;
(s) “organized crime” means any crime committed by a group of
persons in pursuance of a common intention of unlawful gain;
(t) “place of public amusement or public entertainment” means
such public places as may be notified by the State
Government to be a place of public amusement or public
entertainment;
(u) “Police District” means such area as may be declared to be a
Police District by the State Government, by notification,
under section 9 of the Act;
(v) “Police Officer” means any member of the Police Service for
the State;
(w) “prescribed” means prescribed by rules made under this Act;
(x) “police organization” means the various wings of the State
Police Service constituted under this Act;
(y) “public place” means such place to which the public has
access whether on payment or free of charge and includes-
(i) public buildings, markets, trains, buses and monuments
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;
10 THE HIMACHAL PRADESH POLICE ACT, 2007
(z) “Range” or “Police Range” means a Range created under
section 8 of this Act;
(za) “regulations” mean regulations made under this Act;
(zb) “rules” mean rules made under this Act;
(zc) “Schedule” means a Schedule appended to this Act;
(zd) “Service Companies” mean units of the State Armed Police
Battalions and District Armed Reserve which are deployed
for law and order and other duties in support of the civil
police;
(ze) “Service” or “Police Service” means the Police Service
constituted under this Act;
(zf) “Standing Order” means a special or general order issued by
the Director-General of Police in conformity with the
provisions of this Act and the rules made thereunder;
(zg) “State” means the state of Himachal Pradesh;
(zh) “State Government” or “Government” means the Government
of Himachal Pradesh; and
(zi) “terrorist activity” means any activity of a person or a group
of persons using or threatening the use of 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 of striking terror in society or
any sector thereof, or with the intention of overawing the
Government established by law.
(2) Words and expressions used in this Act but not defined
specifically shall have the same meaning as assigned to them in the General
Clauses Act, 1897, the Code of Criminal Procedure, 1973, or the Indian Penal
Code, 1860.
CHAPTER-II
CONSTITUTION AND ORGANIZATION OF THE STATE
POLICE SERVICE
3. One Police Service for the State.- (1) There shall be one Police
Service for the State, called the “Himachal Pradesh Police Service” and
members of such Service shall be liable for posting to any branch of the
Service including the Armed Police or any of the specialized wings.
(2) The superintendence of the Police throughout the State shall vest
in and shall be exercised by the State Government and except as authorized
under this Act, no person, officer or Court shall or be empowered by the State
Government to supersede or control any Police functionary.
THE HIMACHAL PRADESH POLICE ACT, 2007 11
(3) Police Officers shall at all times remain accountable to the law and
responsive to the lawful needs of the people and shall observe strict code of
ethical conduct and integrity.
(4) No Police Officer shall resign his office unless he has given not
less than three month’s notice in writing to his superior officer.
4. Constitution and Composition of the State Police Service.- (1)
Subject to the provisions of this Act, the Police Service of the State shall be
categorized as the Civil Police and the Armed Police, each consisting of
appropriate numbers of-
(i) Non-Gazetted Police Officers Grade-II, comprising of
Constables and Head Constables;
(ii) Non-Gazetted Police Officers Grade-I, comprising of
Assistant Sub-Inspectors, Sub-Inspectors and Inspectors; and
(iii) Gazetted State Police Service Officers; and
(iv) Indian Police Service Officers serving in connection with the
affairs of the State.
(2) The State Government shall determine the strength of various
ranks in the Civil and Armed Police in a manner as may be prescribed.
(3) Recruitment of the Non-Gazetted Police Officers Grade-II to
District and State Cadres shall be made through Police Recruitment Board, in
accordance with Recruitment and Promotion Rules framed by the State
Government:
Provided that the Director-General of Police may transfer Police
Officers Grade-II from the State Cadre to a District Cadre and vice-versa
under general orders of the State Government.
(4) Promotions within the ranks of Non-Gazetted Police Officers
Grade-II shall be made in accordance with Recruitment and Promotion Rules
framed by the State Government for the purpose.
(5) Recruitment and promotions to the ranks of Non-Gazetted Police
Officers Grade-I shall be made in accordance with Recruitment and
Promotion Rules framed by the State Government:
Provided that up to 50% of the posts being directly recruited may be
reserved for Non-Gazetted Police Officers with not less 7 years service and
fulfilling the educational qualifications prescribed for direct recruits.
(6) Appointment to the Gazetted State Police Service shall be made
on the recommendations of the State Public Service Commission in
accordance with Recruitment and Promotions Rules framed by the State
Government.
(7) Officers of the Indian Police Service shall be appointed to hold
posts in the State in accordance with rules framed by the Central Government.
12 THE HIMACHAL PRADESH POLICE ACT, 2007
(8) The pay, allowances, pensions and other conditions of service of
the officers of State Police Service other than the Indian Police Service shall
be such as may be prescribed from time to time.
5. Appointment of director General of Police and other officers.-
(1) For the overall control and supervision of the Police Service, the State
Government shall appoint a Director-General of Police who shall exercise
such powers and perform such functions and duties and shall have such
responsibilities and such authority as may be provided by or under this Act or
rules made thereunder.
(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 or equivalent in rank to the incumbent of the post of Director-General
of Police shall be posted to any position within the State Police Organization.
(3) The State Government may appoint one or more Additional
Directors-General and as many Inspectors-General and Deputy Inspectors-
General and Assistant Inspectors-General of Police as it may consider
necessary, subject to rules made in this behalf by the Central Government.
(4) The State Government may in consultation with the Director-
General of Police, by a general or special order published in the Official
Gazette, direct an Additional Director-General or Inspector-General or
Deputy-Inspector General or Assistant Inspector-General of Police to assist
and aid the Director-General of Police in the performance and exercise of his
functions, duties, responsibilities, authority and powers, in such manner and to
such extent as may be specified in such order.
(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 by a general or special standing order.
6. Method of Selection and Terms of office of Director General of
Police.- (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 rank in accordance with rules and recommended by a three
members Screening Committee headed by the Chief Secretary constituted for
the purpose. The Screening Committee shall prepare a panel of atleast 3
suitable persons, and the Screening Committee may be asked to prepare a
fresh panel by the Government, if in its view no one from a panel is suitable.
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 Government comes to the conclusion, for
reasons to be recorded in writing, that there is no suitable incumbent available
in the State Cadre, it may ask the Screening Committee to assess the
suitability of empanelled Indian Police Service Officers of other State Cadres
subject to their willingness and concurrence of the Central Government.
THE HIMACHAL PRADESH POLICE ACT, 2007 13
(2) The Screening Committee may devise 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 -
(i) the performance appraisal reports;
(ii) the range of experience relevant to professional police work
including experience of work in Central Police Organizations;
(iii) clean record of service in terms of indictment of the officer in
any criminal or disciplinary proceedings or on the grounds of
corruption or moral turpitude; and
(iv) 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 others State
Cadres, in accordance with the proviso to sub-section (1) .
(3) The Director- General of Police appointed in accordance with the
provisions of this Act shall have tenure till superannuation as may be provided
in the rules made by the Central Government in this behalf:
Provided that an incumbent may be removed from the post before the
expiry of his tenure by the State Government through a written order
specifying reasons, consequent upon-
(i) framing of charges in a criminal case by a Court of law; or
(ii) issue of charge-sheet under the provisions of the All India
Services (Discipline and Appeal) Rules or any other relevant
rules; or
(iii) suspension from service; or
(iv) incapacitation by physical or mental illness or otherwise
becoming unable to discharge his functions as Director-
General of Police; or
(v) administrative exigencies, in the larger public interest :
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
another State Government or an International Organization,
subject to such officer having given his consent to such a
posting; or
(ii) resignation or voluntary retirement from service.
7. Appointment of Legal Advisor and Financial Advisor.- The
State Government may appoint a Legal Advisor and a Financial Advisor of
such rank as may be determined by the State Government, to assist and aid the
14 THE HIMACHAL PRADESH POLICE ACT, 2007
Director-General of Police on legal and financial matters respectively, in the
discharge of his duties and functions.
8. Creation of Police Zones and Ranges.- (1) The State Government
may, in consultation with the Director - General of Police, by notification,
constitute the entire geographical area of the State into one or more Police
Zones, each with its headquarters. Each Zone, comprising of two or more
Police Ranges, shall be headed by an officer of the rank of Inspector-General
who shall be responsible for superintendence and control of the police
administration of the Zone and shall report to the Director-General of Police.
(2) The State Government may, in consultation with the Director-
General of Police, by notification, create as many PoliceRanges as deemed
necessary, each with its headquarters. Each Range, consisting of two or more
Police Districts, shall be headed by an officer of the rank of Deputy Inspector-
General who shall be responsible for superintendence and control of the police
administration of the Range and shall report to the Inspector-General in-
charge of the Zone concerned.
9. Police Districts.- The State Government, may in consultation with
the Director-General of Police, by notification, declare any area within the
State to be a Police District, with its headquarters. The administration of the
police throughout such district shall be under the charge of the Superintendent
of Police who may be assisted by as many Additional, Assistant or Deputy
Superintendents of Police as deemed necessary subject to the rules made for
the purpose:
Provided that the State Government may, in the public interest and for
reasons to be recorded, post such Additional, Assistant or Deputy
Superintendents of Police to a District as may be necessary, for a period not
exceeding six months.
10. Creation of District level Special Cells and Sub-Divisions.- (1)
For the purpose of ensuring quick and scientific level investigation of such
serious offences as may be notified, the State Government shall, in
consultation with the Director-General of Police, by notification, create a
Special Cell in each Police District, to be headed by an officer of the rank of
Additional, Assistant or Deputy Superintendent of Police, for supervision and
monitoring of investigation and for the better co-ordination of prosecution of
such cases in a Court of law.
(2) The State Government may, by notification, divide a Police
District into as many Sub-Divisions as deemed necessary each with its
headquarters, under the charge of an officer of the rank of Assistant or Deputy
Superintendent of Police, who shall be known as the Sub- Divisional Police
Officer.
11. Creation of Police Stations.- (1) Subject to such norms as may
be prescribed, the State Government may, in consultation with the Director-
General of Police, by notification, create as many Police Stations in a Police
District as deemed necessary, with jurisdiction over such villages as may be
specified in the notification, keeping in view the population, geography of the
THE HIMACHAL PRADESH POLICE ACT, 2007 15
area, the crime rate, the workload with respect to the law & order and the
distances to be traversed by the inhabitants to reach the Police Station:
Provided that Government may create a Police Post, headed by a
Non-Gazetted Officer Grade-I and with such number of other Non-Gazetted
Police Officers as the Government may fix, within the local limits of a Police
Station and such Police Post shall be under the overall control of the officer
in-charge of the Police Station concerned and shall be deemed to be a part of
the Police Station.
(2) Two or more Police Stations may be assigned to a Police Sub-
Division for the purpose of control and supervision.
(3) Each Police Station shall have a Station House Officer not below
the rank of Sub-Inspector of Police, as the officer-in-charge of the Police
Station:
Provided that Police Stations having a higher population or higher
crime rate may be placed under the charge of Police Officers of the rank of
Inspector of Police.
(4) The State Government shall ensure at all times, availability of
adequate strength of staff at each Police Station, based on norms as may be
prescribed.
(5) The State Government shall endeavour to provide to each Police
Station all essential amenities such as a reception-cum-visitor’s room,
interrogation room of appropriate design, separate toilets for men and women
and separate lock-ups for men and women.
(6) In order to ensure professional and scientific investigation, each
Police Station shall have a separate Investigation wing known as the
“Criminal Investigation Unit” (CIU) staffed by such numbers of Investigation
Officers from amongst Non-Gazetted Police Officers Grade-I as may be
determined, along with appropriate numbers of Non-Gazetted Police Officers
Grade-II.
(7) The qualifications and experience for the Investigation Officers
shall be specified by regulations made by the Director-General of Police.
(8) The State Government shall ensure that every Police Station at
District Headquarters and Sub-Divisional Headquarters, and such other Police
Stations as may be notified from time to time, shall have a Women &
Children Cell staffed by women police, to record complaints of offences
against women and children.
(9) Each Police Station shall prominently display all the information
required to be made public under the Right to Information Act, 2005, and all
Standing Orders of the Director-General of Police required to be so displayed
as well as information relating to occurrence of crime, arrests, detention,
release, convictions and acquittals:
Provided that the information shall be displayed in such manner as the
Director-General of Police may by general or special Standing Order specify
16 THE HIMACHAL PRADESH POLICE ACT, 2007
from time to time and subject to such Standing Orders, the Deputy-Inspector
General within his Range, and the Superintendent of Police within the
District, may issue directions for display of such information as may be
necessary in the public interest.
(10) It shall be the duty of every officer-in-charge of a Police Station
to keep a General Diary in such form as may be prescribed and to record
therein all complaints, the names of the complainants, and charges preferred,
the names of all persons arrested, the offences charged against them, the
weapons or property that have been taken from their possession or otherwise,
and the name of the witnesses who have been examined.
12. Tenure of office of police functionaries.- An Officer posted as
Station House Officer or as Sub-Divisional Police Officer or as
Superintendent of Police of a District shall normally have a minimum tenure
of two years and a maximum tenure of three years, unless promoted to a
higher post earlier:
Provided that an officer may be retained for upto six months after
expiry of his tenure, in the public interest for reasons to be recorded in
writing:
Provided further that any such officer may be removed from his post
before the expiry of the minimum tenure of two years by the authority
competent to remove him for reasons to be recorded in writing, consequent
upon-
(i) filing of a charge sheet in a criminal case in a Court of law; or
(ii) serving of a charge-sheet for a major penalty under the
relevant disciplinary rules; or
(iii) suspension from service in accordance with the provisions of
the relevant disciplinary rules; or
(iv) reversion to a lower post for administrative reasons; or
(v) incapacitation by physical or mental illness or otherwise
becoming unable to discharge his functions and duties; or
(vi) administrative exigencies, in the larger public interest.
13. Co-ordination in matters of over-riding public importance.-
(1) The Commissioner and the District Magistrate within their jurisdiction
shall function as nodal and coordinating authorities on behalf of the State
Government and provide leadership in times of crises 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 Deputy
Inspector-General of the Range shall keep the Commissioner fully informed
of all matters relating to the state of law and order in the Division and
potential for any concerted effort to disturb the public peace.
THE HIMACHAL PRADESH POLICE ACT, 2007 17
(3) The District Superintendent of Police shall keep the District
Magistrate fully informed on all 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.
(4) The Sub-Divisional Police Officer and the Station House Officer
shall keep the Sub-divisional Magistrate or the Executive Magistrate, as the
case may be, fully informed of all 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.
14. General Administration.- (1) For the better general
administration of the district, it shall be lawful for the District Magistrate , in
addition to the powers conferred under the provisions of the Criminal
Procedure Code or any other law for the time being in force, to issue
directions to the Police of the district in respect of the following, namely :
(i) Matters relating to the promotion of land reforms and the
settlement of land disputes including removal of
encroachments on Government land, common lands and
forest land;
(ii) Matters relating to projects of State-level importance
particularly in relation to power, industry and tourism;
(iii) Matters relating to extensive disturbance .of the public peace
and tranquility in any part of the district;
(iv) Matters relating to the conduct of elections to any public body
or holding of any function or event of public importance;
(v) Matters relating to the handling of natural or manmade
disasters or major accidents;
(vi) Matters relating to situations arising out of any external
aggression, threat to internal security, insurgency, riots,
industrial or other strikes etc.;
(vii) Matters relating to protection of women, weaker sections and
minorities;
(viii) Any matter, not within the purview of any one department
and affecting the general welfare of the people of the district
or arising out a judicial pronouncement, necessitating the
District Magistrate to use the services of the Police; and
(ix) Such other matters as the State Government may assign from
time to time in the 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
matters specified in sub-section (1) and the Superintendent of Police shall be
18 THE HIMACHAL PRADESH POLICE ACT, 2007
duty-bound to furnish such information and all necessary assistance to the
District Magistrate for the purpose.
(3) The 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 may issue appropriate directions, which shall be complied by the
District head of the Department concerned without demur or delay.
(4) The Commissioner of a Division may, without prejudice to the
statutory powers of the District Magistrate, give general directions to a
District Magistrate in his division in respect of any of the matters specified
under this section and the District Magistrate shall give effect to such
directions.
15. Railway Police.- (1) The State Government may, by notification,
create one or more special police districts covering such railway areas in the
State as it may specify, and may appoint an Inspector-General, Deputy
Inspector-General, Assistant Inspector-General, Superintendent of Police, one
or more Assistant and Deputy Superintendent of Police and such other Police
Officers for each such special district as it may deem necessary.
(2) Subject to the control of the Director-General of Police, such
Police Officers shall discharge police functions connected with the
administration of railways situated within their respective jurisdiction, and
such other functions as the State Government may, from time to time, assign. .
(3) The State Government may by general or special order empower
any Police Officer to discharge such police functions as may be specified,
within the special police district or any part thereof, and exercise the powers
of an officer-in-charge of a Police Station in that district, and such Police
Officer while exercising such powers shall, subject to any such order as
aforesaid, be deemed to be an officer-in-charge of the Police Station
discharging the functions of such officer within the limits of his station.
(4) Subject to any general or special orders issued by the State
Government, such Police Officers shall, in the discharge of their functions, be
vested within the State with the powers and privileges and be liable under this
Act or any other law for the time being in force.
(5) The Superintendent of Police may, with the previous approval of
the State Government, delegate any of the powers and functions conferred on
him under this section to an Assistant or Deputy Superintendent of Police
subordinate to him.
16. State Intelligence and Criminal Investigation Departments.-
(1) The State Police Organization shall have a State Intelligence Department
for coordination, analysis and dissemination of intelligence, and a State
Criminal Investigation Department for taking up investigation of inter-State
and inter-district crimes and other important cases as may be entrusted by the
Director-General of Police from time to time.
THE HIMACHAL PRADESH POLICE ACT, 2007 19
(2) The State Government may appoint a Police Officer not below the
rank of Inspector-General of Police to be the head of each of the two
Departments.
(3) The State Criminal Investigation Department shall have
specialized wings to deal with different types of crime requiring focused
attention or special expertise for investigation, and each of these wings shall
be headed by a Gazetted Police Officer of appropriate rank.
(4) The State Intelligence Department shall have similarly;
specialized wings to coordinate specialized tasks such as security, counter -
terrorism, counter - militancy, internal security etc., and each of these wings
shall be headed by a Gazetted Police Officer of appropriate rank.
(5) The State Government shall determine the strength of various
ranks in the State Criminal Investigation Department and State Intelligence
Department.
17. Organization of Technical and Support Services.- (1) The State
Government shall create and effectively maintain a Directorate of Forensic
Science dedicated to providing independent forensic reports to the Police
which shall be comprised of a Forensic Science Laboratory at the State-level,
a Regional Forensic Science Laboratory for every Police Range and a Mobile
Forensic Science Unit for every Police District, with appropriate equipment
and scientific manpower, in accordance with the guidelines laid down by the
Directorate of Forensic Science or the Bureau of Police Research and
Development.
(2) There shall be a Directorate of Police Communications and
Technical Services for the purpose of providing reliable and dedicated
communications, informatics and other technical support at all levels of the
Police Organization which shall be headed by an officer not below the rank of
Deputy Inspector-General of Police with as many Superintendents of Police
and Deputy Superintendents of Police, to assist him, as deemed necessary.
(3) The State Government shall frame Recruitment and Promotion
Rules, specifying the qualifications and experience required to man these
posts.
18. Appointment of Director of State Police Training Academy
and Principals of Police Training College and School.- (1) The State
Government may establish a Police Training Academy at the State level for
in-service training of Gazetted Police Officers, a Police Training College for
in-service training to Non-Gazetted Police Officers Grade-I and such number
of Police Training Schools as may be necessary for in service training to the
Non-Gazetted Police Officers Grade-II of the various wings of the Police
organization.
(2) The State Government shall appoint a Police Officer not below the
rank of Inspector-General to be the Director of the State Police Training
Academy and an officer not below the rank of Deputy Inspector-General to be
20 THE HIMACHAL PRADESH POLICE ACT, 2007
the Principal of the Police Training College and an officer not below the rank
of Superintendent of Police to be the Principal of each Police Training School.
(3) The Academy, College and Schools established under sub-section
(1) shall include faculty from amongst the Police and related services as well
as from academic institutions, as may be prescribed, and the Director of the
Academy shall present an Annual Report on behalf of all the Training
institutions to the State Police Board.
(4) The State Government may evolve a scheme of monetary and
other incentives to attract and retain the best talent available in the Police and
related services to the faculty of such training institutions.
19. Special Police Officers.- (1) The State Government may
prescribe procedures for appointment of Special Police Officers to assist the
Police Service and prescribe the terms and condition of their appointment.
(2) Subject to sub-section (1) , a District Superintendent of Police
generally or specially empowered in this behalf by the State Government,
may, at any time by a written order signed by him under his seal, appoint any
able-bodied and willing person above the age of 18 years, whom he considers
fit, to be a Special Police Officer.
(3) Every Special Police Officer appointed under sub-section (2) 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 under this Act.
20. Deployment of Additional Police.- (1) Subject to general or
special directions of the State Government, the Superintendent of Police may,
in consultation with the District Magistrate, on application made by any
person or body corporate showing the necessity thereof, depute such
additional number of Police Officers as may be necessary at any place within
the Police District and such additional force shall be exclusively under the
control of such Superintendent of Police and shall be at the charge of the
person or body corporate making the application:
Provided that such person or body corporate may, by giving 15 days
notice, seek withdrawal of such Police Officers and shall be deemed to have
been released from the charge on expiration of the notice period.
(2) Wherever any Public work or Public utility or any manufacturing
or commercial concern is in operation and it appears to the Director-General
of Police that deployment of an additional Police force in such place is
necessary in the interest of maintenance of the public peace or an essential
service because of the likelihood of strike or other action by employees of
such Public work, Public utility or manufacturing or commercial concern, or
other persons, he may, with the consent of the State Government, depute
appropriate additional force to such place for as long as may be necessary and
make orders requiring the payment of such extra force to be made by the
management of such work, utility or concern, and the management of such
THE HIMACHAL PRADESH POLICE ACT, 2007 21
public work, public utility or manufacturing or commercial concern, as the
case may be, shall thereupon cause payment to be made accordingly.
(3) All moneys payable under sub-sections (1) andExcerpt shown. Open the full act in Lexace.