LexThe Meghalaya Police Act, 2010 (Act No. 7 of 2011)
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The 7th February, 2011.
No.LL(B) 146/2010/2.–The Meghalaya Police Act, 2010 (Act No. 7 of 2011) is hereby published for general
information.
MEGHALAYA ACT NO. 7 OF 2011
(As passed by the Meghalaya Legislative Assembly)
Received the assent of the Governor on 4th February, 2011.
Published in the Gazette of Meghalaya Extra-Ordinary issue dated 7th February, 2011.
THE MEGHALAYA POLICE ACT, 2010
An
Act
to regulate the role, functions and management of police establishments and for matters relating thereto,
WHEREAS, in respect for and promotion of the human rights of the people and protection of their
civil, political, social, economic and cultural rights, is the primary concern of the Rule of Law;
AND,WHEREAS, further it is the constitutional obligation of the State to provide impartial and efficient
Police Service safeguarding the interests of the people with due regard to Rule of Law especially for
vulnerable sections of Society including the minorities and responding to the democratic aspirations of
citizens;
AND,WHEREAS, also such functioning of the police personnel needs to be professionally organised,
service oriented, free from extraneous influences and accountable to law to make more efficient instruments
for prevention and detection of crime;
AND,WHEREAS, further also it is expedient to redefine the role of the police, its duties and
responsibilities, by taking into account the emerging challenges of policing and security of State, the
imperatives of good governance, and respect for human rights;
AND, WHEREAS also it is essential to appropriately empower the police to enable it to function as an
efficient, effective, people-friendly, impartial, transparent, honest, professional, accountable and responsive
agency;
Be it enacted by the Legislature of the State of M eghalaya in the Sixty-first Year of the Republic of
India as follows:-
CHAPTER I
PRELIMINARY
Short title, extent
and
commencement
1. (1) This Act may be called the Meghalaya Police Act, 2010.
(2) It extends to the whole of the State of Meghalaya.
(3) It shall come into force on such date as the State Government
may, by notification in the Official Gazette, specify in this behalf.
Definitions.
2. (1) In this Act, unless the context otherwise requires, -
(a) “Act” means the Meghalaya Police Act, 2010;
(b) “Cattle” include and another domesticated animals like
cows, buffalos, elephants, horses, asses, mules,
sheep, goats and swine;
(c) “Core functions” mean duties related to sovereign
functions of the State including arrests, search,
seizure, crime investigation, crowd control and allied
functions that can only be performed by the police as
the agency of the State;
(d) “Headquarters Company” means a unit performing
administrative and other support functions of
Meghalaya Police Battalion including the India
Reserve Battalion;
(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 violent activity of a
group using explosives, inflammable substances,
firearms or other lethal weapons or hazardous
substance in order to achieve its political objectives;
(h) “Non-core police functions” means such functions
which are not core functions as may be prescribed;
(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) “Place of public amusement and public entertainment”
includes such places as may be notified by the State
Government;
(k) “Police District” means the territorial area notified as
administrative and revenue district;
(l) “Police Officer” means any member of the Meghalaya
Police constituted under this Act;
(m) “Prescribed” means prescribed by rules under this
Act;
(n) “Public place” means any place to which the police
have access and includes-
(i) a public building and monument 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” means rules made under this Act;
(q) “Service” means the Police Service constituted under
this Act;
(r) “Service companies” mean units of the Meghalaya
Police Battalions including India Reserve Battalions
and District Armed Branch which are deployed for law
and order and other duties in support of civil
police/authorities;
(s) “Subordinate Rank” means all ranks below the rank of
Assistant or Deputy Superintendent of Police; and
(t) “Terrorist activity” 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 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:
Provided that any publication, document or
communication to promote terrorist activities shall be
deemed as terrorist activity.
(2) Words and expressions used in this Act but not defined
specifically shall have the same meaning as provided in the
Meghalaya Interpretation and General Clauses Act 1972, the Code of
Criminal Procedure 1973, the Indian Penal code 1860 and the
Administration of Justice and Police Rules as applicable in the State.
CHAPTER II
CONSTITUTION AND COMPOSITION OF THE POLICE SERVICE
One Police Service
for the whole State.
3. (1) There shall be one Police Service for the whole State of
Meghalaya. Members of the Police Service shall be liable to be posted
to any branch of the Police Service in the State, including any of its
specialised wings.
(2) The entire police establishment under the State Government
shall, for the purpose of this Act, be deemed to be one Police Force
and shall be formally enrolled and shall consist of such members of
officers and men and shall be constituted in such manner, as shall
from time to time be ordered by the State Government.
Constitution and 4. Subject to the provisions of this Act: -
composition of the
Police Service.
(1) The Police force shall consist of such numbers in various
ranks and have such organization as the State Government may, by
general or special orders determine.
(2) The direct recruitments to non-gazetted ranks in the Police
Service shall be made through a Recruitment Board by a transparent
process, adopting well-codified systems and procedures which should
not be susceptible to any misuse or abuse.
(3) Recruitment to the Indian Police Service and to the rank of
Deputy Superintendent of Police shall be made through the Union
Public Service Commission and the Meghalaya Public Service
Commission respectively.
(4) The composition of the Police Service shall, as far as
possible, reflect adequate representat ion of all sections of society,
including gender representation.
(5) The pay, allowances, service and working conditions of
police personnel shall be as prescribed by rules, from time to time
which shall be always commensurate with the arduous and hazardous
nature of their duties.
(6) 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, as prescribed.
Appointment of
Director General,
Additional Director
Generals, Inspector
General, Deputy
and Assistant
Inspector Generals.
5. (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 or
under the direction issued by the Government.
(2) The State Government may appoint one or more Additional
Director Generals of Police, and as many Inspectors Generals, Deputy
and Assistant Inspector Generals of Police as necessary.
(3) The State Government may, by a general or special order
either or in consultation with the Director General of Police or on its
own direct in what manner and to what extent an 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
Minimum Tenure of
DGP.
6. (1) The State Government shall appoint a Director General of Police
of the State from amongst the five eligible senior-most officers of the
cadre who have been empanelled for promotion to that rank by the
State Security Commission on the basis of following criteria:-
(a) length of service and fitness of health to standards as
prescribed;
(b) assessment of the performance appraisal reports of the
previous 15 years of service by assigning weightages to
different grading, namely, ‘Outstanding’, ‘Very Good’, ‘Good’
and ‘Satisfactory’;
(c) Range of relevant experience, including experience of work in
central police organisations, and training courses undergone;
(d) Indictment in any criminal or disciplinary proceedings or on the
counts of corruption or moral turpitude; or against whom
charges have been framed by a court of law in such cases;
(e) Due weight age to award of medals for gallantry, distinguished
and meritorious service.
2. The Director General of Police so appointed should have a
minimum tenure of one year subject to 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
consequent upon: -
(a) conviction by a court of law in 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, or imposition of
any other penalty other than censure awarded under the
provisions of relevant Acts and Rules; or
(c) suspension from service in accordance with the provisions of
the rules; or
(d) incapacitation by physical or mental illness or otherwise
becoming unable to discharge his functions as the Director
General of Police;
(e) promotion to a higher post under either the State or the central
Government, subject to the officer’s consent to such a posting;
(f) Inefficiency or negligence or misdemeanor prima facie
established after preliminary enquiry:
Provided that in public interest the State Government may transfer
the Director General of Police as may be deemed appropriate to meet
any contingency.
Provided further that in case of any emergent need, pending
completion of the process of selection of the Director General of
Police, State Government may temporar ily allow any eligible officer to
hold charge of the post.
Appointment of
Legal Advisors and
Financial Advisor.
7. (1) The State Government shall appoint a Legal Advisor and a
Financial Advisor to aid and advise the Director General of Police on
legal and financial matters respectively.
(2) The State Government shall also appoint a Public Prosecutor
in every District and the police may consult and seek his advise on any
legal issues and matters including the adequacy or otherwise of the
available evidence as deemed necessary in various cases
investigated by them. Cases which need legal advice will be referred
to the Public prosecutor by the District Superintendent of
Police/Deputy Commissioner concerned or by the Special
Superintendent of Police (CID) as the case may be or by their
Supervisory Officers.
(3) Appointment of officers at (1) and (2) above shall be made in
accordance with the relevant provisions of relevant Rule or Law as the
case maybe.
Creation of Police
Ranges.
8. The State Government, in consultation with the Director General of
Police, may by notification, create as many Police Ranges as
considered necessary. Each Range, consisting of two or more Districts
/ Police Districts, shall be headed by an officer of the rank of Deputy
Inspector General/Inspector General of Police who shall supervise the
police administration of the Range and report to the Addl. Director
General of Police, Law and Order if there is one or else to the Director
General of Police.
Police Districts.
9. There shall be a Police District in each administrative district of the
State. The administration of the polic e throughout such district shall
vest in the Superintendent of Police who may be assisted by as many
Assistant, Additional or Deputy Superintendents of Police, as
considered necessary.
District-level
Special Cells, Sub-
Divisions and
Circles.
10. (1) For the purpose of dealing with a particular category of crimes
or for providing better services 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 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
District/Administrative Districts into as many Sub-Divisions as deemed
necessary, to be headed by an officer of the rank of Assistant/Deputy
Superintendent of Police.
(3) The State Government may by notification divide each Police
Sub-Division into one or more Circles, each headed by an officer of
the rank of Inspector or Deputy Superintendent of Police:
Provided that in the event of a Circle being put under the
charge of a Deputy Superintendent, such officer shall report directly to
the District Superintendent of Police.
Police Stations.
11. (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 and Beat Houses as 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) One or more Police Stations may be assigned to a Police
Circle for the purpose of control and supervision.
(3) A Police Station shall be headed by an Officer-in-Charge not
below the rank of Sub-Inspector of Police:
Provided that larger Police Stations may be placed under the
charge of officers of the rank of Inspector of Police.
(4) The State Government shall ensure availability of adequate
strength of staff at each Police Station, based on the population,
incidence of crime, law and order-related workload, volume of traffic
and the geographical area.
(5) 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 separate
lock-ups for men and women and 2 separate rest rooms for men and
women.
(6) Each Police Station shall prom inently 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 be barrier free for access to persons
with disability and will have amenities for them.
Term of office of
key police
functionaries.
12. (1) Officers posted as Director General of Police; Addl. Director
General of Police, Law and Order; Inspectors General of Police;
Range Deputy Inspectors General of Police, District Superintendents
of Police, Sub-Divisional Police Officers, Circle Inspector or Officer-in-
Charge of Police Station shall have a minimum tenure of two years:
Provided that any such officer may be transferred/removed
from his post before the expiry of the minimum tenure of two years
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 &
Appeal Rules; or
(d) suspension from 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 addition to the above grounds, in exceptional cases, any
such officer may also be transferred from his post by the competent
authority before the expiry of his tenure for gross inefficiency in
controlling crime, militancy and law and order situation or for gross
negligence or dereliction of duty or where a prima facie case of a
serious nature is established against him after a preliminary enquiry or
when keeping in view communal or ethnic sensitivities, it is felt that it
would be in larger public interest to transfer the concerned officer
prematurely. All such cases of premature transfer will be placed before
the Police Establishment Board for its consideration. The Police
Establishment Board will record its considered opinion in a speaking
manner and such opinion in case of subordinate ranks will be given
due weightage for premature transfer by the Police Headquarter or
Competent Authority. In respect of Deputy Superintendent of Police
rank and above such recommendation would be examined by the
State Government and decision of State Government would be final
which will also be given as a speaking order.
Explanation: Competent authority means an officer authorised
to order transfers and postings for the rank concerned.
Coordination
within the District
Administration
13. (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 provision of the Code of Criminal Procedure, 1973 and other
relevant Acts/Rules, to coordinate the functioning of the police with
other agencies of district administration in respect of matters relating
to the following:-
(a) the promotion of land reforms and the settlement of
land disputes;
(b) extensive disturbance of the public peace and
tranquility in the district;
(c) the conduct of elections to any public body;
(d) the handling of natural ca lamities and rehabilitation of
the persons affected thereby;
(e) situations arising out of any external aggression or
internal disturbances;
(f) for any other matters as assigned/prescribed in any
law applicable in the State;
(g) any similar matter, not wi thin the purview of any one
department and affecting the general welfare of the
public of the district; and
(h) removal of any persistent public grievance.
(2) For the purpose of such coordination, the District Magistrate
may call for information of a general or special nature, as and when
required, from the Superintendent of Police 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 functioni ng of the police, will render full
assistance to the Superintendent of Police.
Special Branch and 14. (1) There shall be a Special Branch for collection, collation,
Criminal
Investigation
Department.
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 Chapter IX of
this Act.
(2) The State Government may appoint a police officer of or
above the rank of Inspector General of Police to head each of the
aforesaid departments.
(3) The Criminal Investigation Department may have specialized
wings to deal with different types of crimes requiring focused attention
or special expertise for investigation. Each of these wings shall be
headed by an officer not below the rank of Inspector.
(4) The Special Branch may have specialized wings to deal with
and coordinate specialised tasks such as measures for intelligence
collection, security, for counter te rrorism, counter militancy and VIP
Security.
(5) The State Government shall appoint officers of and above the
rank of Superintendent of Police to serve in the Criminal Investigation
Department, and the Special Branch, as deemed appropriate with
due regard to the volume and variety of tasks to be handled. In case
of those in the subordinate ranks and Deputy Superintendents of
Police, their appointment to the Criminal Investigation Department
and Special Branch will be decided by the Police Establishment
Board even though, in case of Deputy Superintendents of Police,
proposal for their posting will be submitted to the Government.
(6) A Vigilance and Anti Corruption Branch with adequate
manpower will function as a part of Criminal Investigation Department.
Anti-Infiltration
Directorate.
15. There may be an Anti-Infiltration Directorate headed by an officer
of the rank of Additional Director General of Police or Inspector
General of Police for effectively dealing with the problem of illegal
influx of foreign nationals from across the international border. This will
comprise Administrative, Establishm ent, Executive, Intelligence and
Enforcement Wings, River Patrol and Mobile Task Force. Each
wing/cell will be headed by an officer of the rank of Deputy
Superintendent of Police/Superintendent of Police.
Technical and
support Services.
16 (1) The State Government may cr eate 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) (a) The services so created may include a full-fledged
Forensic Science Laboratory at the State-level and a Mobile Forensic
Science Unit for every district, Finger Print Bureau, Computer Cell,
SCRB and DCRB, Meghalaya Police Radio Organization, and such
other establishment as may be required from time to time. In addition
to the regular staff, the Director General of Police may also hire
services of any person qualified for this purpose on contract basis.
(b) It shall be the responsibility of the State Government to
ensure regular maintenance of all scientific equipment and regular
replenishment of consumables in the forensic laboratories.
(c) The State Government shall take all measures to
encourage and promote the use of science and technology in all
aspects of policing.
(3) The State Government may appoint for the whole State one
Director of Police Telecommunications, not below the rank of Deputy
Inspector General of Police and one Superintendent of Police and as
many Addl. / Deputy Superintendents of Police as deemed necessary
to assist them.
(4) The State Government may similarly appoint for the whole
state one officer in charge of Police Transport, not below the rank of
Superintendent of Police
(5) The State Government may appoint nodal officer, IT in the
police department not below the rank of Deputy Inspector General of
Police.
Appointment of the
Principal of Police
Training
Academy/College/S
chool.
17. (1) The State Government shall establish a full-fledged Police
Training Academy/College/School at the State level for ensuring
efficient post-induction training of all directly-recruited police personnel
in the subordinate ranks, pre-promotion training for all those promoted
in the subordinate ranks and such thematic and specialized in-service
training courses for police personnel of different ranks and categories
as deemed necessary from time to time.
(2) The State Government may appoint a police officer not below
the rank of Inspector General of Police to be in charge of police
training.
(3) The State Government may appoint officer of and above the
rank of Superintendent of Police to the Police Training
Academy/College/School.
(4) The State Government may also provide for appointment of
police personnel in such Police Training Academy/ College/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
Police Service to the faculty of the Police Training Academy/College/
School.
(5) The State Government may also ensure appointment of
persons with academic accomplishments in the fields of law,
sociology, psychology, criminology, forensic science and other
academic subjects relevant to police profession to the permanent
faculty positions in the Police Training Academy/College/ School.
Oath or affirmation
by police
18. Every member of the Police Service enrolled under this Act shall,
on appointment and completion of training, make and subscribe before
personnel the Superintendent of Police or other Unit Head, as the case may
be, or another officer appointed in that behalf by him as the case
may be, or collectively at the time of Passing Out Parade, an oath
or affirmation, as prescribed.
Certificate of
appointment.
19. (1) (Every police officer of or below the rank of Inspector shall on
appointment receive an insignia and a certificate in the form
as 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 Police Service
or shall remain inoperative during the period such person
continues to be under suspension.
Special Police
Officers.
20. (1) The Superintendent of Police or any officer, specially
empowered 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 and willing person
between the age of 18 and 50 years, whom he considers fit to
be a Special Police Officer to assist the Police Service.
(2) Every Special Police Officer so appointed shall:
(a) On appointment, undergo prescribed training and
thereafter receive a certificate in a form approved by the
State Government in this behalf; and
(b) Have the same powers, privileges and immunities and be
liable to the same duties and responsibilities and be
subject to the same authorities as a member of the Police
Service.
(3) Appointment as Special Police Officer will be of honorary
nature. However, the State Government may by special order,
prescribe honorarium to be paid to them.
(4) Whoever refuses to act as a Special Police Officer or neglects
his duties as Special Police Officer, shall be liable on
conviction by a Court to a fine of minimum of Rs. 1000/-.
Appointment of
Additional
Police.
1“21 (1) .
(2)
Additional or special police forces comprising officers and
personnel of such ranks and grades, for such purpose, such
role, such time, such pay and with such qualification and
eligibility criteria as may be prescribed by the State
Government, may be created, and these may be appointed or
deputed by the authority as may be prescribed in that behalf.
(a)
The additional or special police forces and its officers and
personnel shall be:
(b)
Vested with all or such of the powers, privileges, duties and
immunities of a police officer as may b e prescribed or
specially notified by the State Government;
Subject to the orders of the Director General of Police or any
other officer(s) so designated by the Director General of
Police in this behalf”
1Substituted by Amendment Act No.3 of 2014 Sec. 2. Earlier the words read as (1) Additional police comprising
officers of such ranks or grades for such purpose, for such time and on such pay as prescribed by the State
Government, may be appointed, or deputed by the authority prescribed in that behalf.(2)Every Additional Police
Officer upon such appointment shall:
.
(a) receive a certificate in a form approved by the State Government in this behalf;
(b) 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 be subject to the orders of the Superintendent of Police.
(3) 1“The deployment or deputation of such additional or special
police forces may be made and the cost of such deployment be
recovered in such manner as may be prescribed by the
Government”
.
CHAPTER III
Rank structure at
the primary
levels
of Unarmed
Branch.
THE PRIMARY RANKS IN THE UNARMED BRANCH
22. (1) The rank structure in the subordinate ranks of the Unarmed
Branch, in the ascending order, shall consist of Constable,
Head Constable, Sub Inspector and Inspector.
(2) The direct recruitment in the subordinate ranks of the Unarmed
Branch shall be made only to the ranks of Constable and Sub-
Inspector.
Recruitment to
the
post of
constable.
23. (1) The age group for recruitment as Constable shall be 18 to 21
years with relaxation of 5 years in case of SC/ST candidates.
The minimum educational qualification shall be 10 + 2 passed.
(2) The recruitment of Constables shall be made through a
Recruitment Board through a transparent process as per
procedure laid down by the Government. The procedure should
be such that the same is not amenable to any misuse or abuse.
Service
Conditions
of Primary Ranks
in the Unarmed
Branch.
24. (1) Three promotions should ordinarily be available to all
meritorious police personnel. The Director General of Police
shall, with the approval of State Government, frame the
evaluation criteria for promotion through a transparent process,
for different ranks.
(2) In order to provide for timely career progression, 50 per cent of
sanctioned posts of Sub- Inspector shall be filled up by
promotion.
(3) The Director General of Police, with the approval of the State
Government, shall try to outsource as many non- core police
functions as possible, to enable police officers to concentrate
on core police functions.
CHAPTER IV
ARMED POLICE UNITS.
District Armed
Branch and
Meghalaya Police
Battalions
including the
India
Reserve
Battalions.
25. To assist the civil police promptly and efficiently in dealing with
group protests and violent disturbances involving breach of peace
or law and order, and in disaster management functions, as well as
to discharge such duties as require the presence of armed police,
the State Government shall create Armed Police units with
appropriate manpower strengths in the form of an Armed Branch
for each Police District, and appropriate number of Meghalaya
Police B attalions including the India Reserve Battalions for the
State.
Role and
functions.
26. (1) The Police Battalions will be a State -level reserve, to be
1Substituted by Amendment Act No.3 of 2014 Sec 2. Earlier the words read as (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 in such manner as may be prescribed by the Government.
deployed under specific orders of the Director General of Police, to aid
and assist the civil police in dealing with virulent and widespread
problems of public disorder or other forms of violence, needing
deployment of armed police beyond the resources of the district police.
(2) The District Armed Branch, which will function under the
control, direction and supervision of the District Superintendent of
Police shall be the armed wing of the District Police to deal with an
emergent law and order problem or any violent situation in the District,
and for providing security guards or escort of violent prisoners, or such
other duties as may be prescribed.
Organizational
structure of District
Armed Branch.
27. (1) The District Armed Branch shall be headed by an officer of the
rank of either an Inspector or Deputy Superintendent of Police or an
Additional Superintendent of Police, depending on the manpower
strength of the Armed Branch set-up of the district.
(2) Each Armed Branch set-up shall have an appropriate number
of Inspectors/Sub-Inspectors to deal with general administration of the
Reserve, maintenance of equipment and stores, and training.
(3) It shall be the duty of the Dist rict Superintendent of Police to
ensure that the personnel of the Armed Branch are deployed in a
manner that ensures their regular training and constant preparedness
for their tasks, as also a fair rotation between duty and rest for them.
Organizational
structure of the
Meghalaya Police
Battalions
including the India
Reserve Battalions.
28 (1) A Commandant, equivalent in rank to Superintendent of Police,
shall head each Armed Police Battalion. The Commandant may be
assisted by a Second-in-Command, equivalent in rank to Additional
Superintendent of Police. Each Battalion may be divided into
appropriate number of Service Companies and a Headquarters
Company, each of which will be headed by an Assistant Commandant,
equivalent in rank to Deputy Superintendent of Police.
(2) The Armed Police Battalions set-up of the State shall be
headed by an officer of or above the rank of Inspector General of
Police, (depending on the number of Battalions in the State), who shall
be responsible for the administration, training, operational
preparedness and welfare of personnel of all the armed police units in
the State, under the overall guidance and supervision of the Director
General of Police.
(3) In fixing the strength of senior officers for the Armed Police
Battalions set-up, it may be ensured that for supervising the
functioning and preparedness of every 4 Battalions, a senior officer of
the rank of Deputy Inspector General is provided.
(4) The duties of the Addl. Director General of Police / Inspector
General of Police in charge of the Armed Police Battalions set-up, the
Commandant, Second-in-command, Assistant Commandants,
Inspectors of the Service and the Headquarters Companies shall be
as prescribed by the State Government from time to time.
Recruitment. 29. (1) The direct recruitment to the District Armed Branch and the Armed Police
Battalions, other than in the ministerial cadres, shall be limited to the ranks of
Constable, and 20% of sanctioned posts of Sub-Inspectors.
1“Provided that the provisions of this sub- section shall not be applicable to the
additional or special police forces created under sub- section (1) of section 21 of this
Act, recruitment to which shall be made in such manner as may be prescribed
(2) The minimum qualification for recruitment as Constable shall be
”.
2“class nine
passed from a recognized school ” and the age group shall be 18- 21 years with
relaxation of 5 years for SC/ST candidates. For the recruitment to the rank of Sub-
Inspectors, the minimum qualification shall be graduation and the age limit 20 to 27
years with relaxation of 5 years for SC/ST candidates.
(3) The post of Assistant Commandants in the Battalions will be filled by the IPS or
MPS officers.
(4) The recruitment to the rank of constables and Sub- Inspectors shall be made
through a Recruitment Board by a transparent process, adopting w ell-codified
systems and procedures which should not be susceptible to any misuse or abuse.
3“
(a)
(5) for the purpose of filling up vacancies or post under this Act the following shall be
the criteria for reservation of post of non-Gazetted posts for women as follows:-
(b)
10% of existing vacancies in recruitments for Sub- Inspectors and Constables
shall be earmarked for Women candidates.
Out of this 10% earmarked for women as in clause (a) above, 40% will be for
Khasi and Jaintia Community, 40% will be for Garo Community, 5% for other
tribes and 15% for other
.”
Training 30.(1) Besides the initial training of new recruits in the District Armed Branch and the
Armed Police Battalions, it shall also be ensured that all ranks in these units undergo
an annual refresher training programme, by rotation, over and above specialised
training in different skills as needed by different categories.
(2) The annual refresher training course shall be treated as mandatory, and under no
circumstances the personnel undergoing such training shall be withdrawn for
deployment on law and order, or any other duty except with the prior approval of the
Director General of Police.
(3) The curricular for the initial as well as the annual refresher training courses,
besides physical skills and fitness, shall lay due emphasis on the knowledge of
constitutional and legal rights of the citizens as well skills relating to individual and
collective interaction with the public, with special emphasis on courteous and impartial
behavior.
(4) The content and methodology of the annual refresher training courses as well as
the other specialized courses for the personnel of the District Armed Branch and the
Armed Police Battalions shall be reviewed and revised from time to time by the officer
heading the Armed Police Battalion set -up, in consultation with the Traini ng Wing of
the state police, and under the overall guidance of the Director General of Police.
Deployment 31. (1) The deployment of units and sub -units of the District Armed Branch and the
Armed Police Battalions shall be strictly restricted to only thos e situations where such
deployment is considered absolutely necessary.
(2) The District Superintendent of Police shall carefully scrutinize each request for
deployment of District Armed Branch, received from the field officers. Similarly, the
Director General of Police shall closely scrutinize each request for the deployment of
any force from the Armed Police Battalions, received from any District Superintendent
of Police, Range Deputy Inspector General of Police / Inspector General
1Added by Amendment Act No.3 of 2014 Sec.3.
2Substituted by Amendment Act No.12 of 2012.Earlier the word read as “Matriculation”.
3Added by Amendment Act No.5 of 2018 Sec.2.
of Police, or any other field officer, before ordering such deployment.
The scrutiny will include a realistic determination of the quantum of
force required as also the duration for which the deployment is
required.
(3) 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.
(4) It shall be the duty, in the case of District Armed Branch, of the
District Superintendent of Police and that of the head of the Armed
Police Battalion set-up of the State in respect of the Battalion
personnel, to ensure that the personnel of these armed units are
deployed in a manner that ensures their regular training and constant
preparedness for their tasks, as also a fair rotation of duty between the
various sub-units of the Armed Branch or a Battalion.
(5) While ordering deployment of any armed police unit, due care
will also be taken to ensure, as far as possible, that the
personnel are able to take due rest and also avail a weekly off.
Adequacy of Arms,
Equipment and
Accoutrement
32. The adequacy of arms, equipment and accoutrement for each
Battalion as well as the District Armed Branch shall be assessed
regularly on an annual basis by the officer heading the Armed Police
Battalions set-up, in terms of th e type, quality and quantities of each
such item needed for each unit, in consultation with the Commandants
and the District Superintendent of Police concerned.
CHAPTER V
SUPERINTENDENCE AND ADMINISTRATION OF POLICE
Superintendence of
State police to vest
in the State
Government.
33. (1) It shall be the responsibility of the State Government to ensure
an efficient, responsive, accountable, impartial, honest, citizen-friendly
and professional Police Service for the entire State. For this purpose,
the power of superintendence of the Police Service shall vest in and
be exercised by the State Government in accordance with the
provisions of this Act an any other law as applicable.
(2) The State Government shall exercise its superintendence over
the police in such manner and to such an extent as to promote the
professional efficiency of the police and ensure that its performance is
at all times in accordance with the law. This shall be achieved through
laying down policies and guidelines, setting standards for quality
policing, facilitating their implementation and ensuring that the police
performs its task in a professional manner with functional autonomy.
Strategic Policing
Plan.
34. (1) The State Government may -
(a) in consultation with the State Security Commission
established under Section 35 of this Chapter, draw up a
Strategic Policing Plan for a five-year period
(hereinafter referred to as the “Strategic Plan”), duly identifying the
objectives of policing sought to be achieved during the period and
setting out an action plan for their implementation;
(b) place before the State Legislature, within six months of the
coming into force of this Act, the Strategic Plan. Subsequent
Strategic Plans shall, thereafter, be laid before the State
Legislature every three years;
(c) (place before the State Legislature, at the beginning of each
financial year, a Progress Report on the implementati on of the
Strategic Plan that prioritizes the goals of the Strategic Plan for
the year in question.
(2) The Strategic and the Annual Plans shall be prepared after
receiving inputs on the policing needs of the districts from the District
Superintendents of Police who, in turn, shall formulate the same in
consultation with the community and various district authorities.
(3) The Strategic Plan, the Progress Report and the Annual Plan
shall be made readily accessible to the public.
State Security
Commission.
35. A State Security Commission shall be set up by the State
Government which will function as a watchdog body and will
exercise the functions assigned to it under the provisions of this
Chapter. The recommendations of the Commission shall be to the
extent feasible binding on the State Government.
Composition of
the
State Security
Commission.
36. (1) The State Security Commission (hereinafter referred to as
Commission) shall consist of the following:
(a) The Chief Minister as its Chairperson
(b) The Home Minister as its Vice Chairperson
(c) The Leader of the Opposition in the State Assembly
(d) Chief Secretary
(e) The Principal secretary/Secretary Home (P) as member.
(f) The Director General of Police.1[omitted]
2(g)
Transport cost
and
sitting fees for
‘Independent
Members’.
Member Secretary to the State Security C ommission to be
appointed by the State of Meghalaya from Officers at the level of
Additional Director General of Police or above, preferably in the HAG
+ Scale of pay, and
(h) Two non- political persons of proven reputation for integrity and
competence, (hereinafter referred to as “Independent Members”)
from the fields of academia, law, public administration, media or
NGOs.
(2) No serving Government employee shall be appointed as an
Independent Member.
(3) Any vacancy in the Commission shall be filled up as soon as
practicable, but not later than three months after the seat has fallen
vacant.
37.The ‘InExcerpt shown. Open the full act in Lexace.