The Mizoram Police Act, 2011

The Mizoram GazetteEXTRA ORDINARY
Published by Authority
RNI No. 27009/1973     Postal Regn. No. NE-313(MZ) 2006-2008 Re. 1/- per page
VOL - XLI      Aizawl,     Monday  16.1.2012       Pausa   26,       S.E.  1933,       Issue No. 20
NOTIFICA TION
No. H. 12018/118/2008-LJD, the  12 th January, 2012. The following Act is hereby published for general
information.
The Mizoram Police Act, 2011  (Act No. 3 of 2012)
{Received the assent of the Governor of Mizoram on the 19th December, 2011}
Zahmingthanga Ralte,
Deputy Secretary to the Govt. of Mizoram.
Preamble
WHEREAS 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, it is the constitutional obligation of the State to provide impartial and efficient
Police Service safeguarding the interests of vulnerable sections of society including the minorities, and
responding to the democratic aspirations of citizens;
AND WHEREAS such functioning of the Police Service needs to be professionally organized,
service oriented, free from extraneous influences and accountable to law;
AND WHEREAS 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 it is essential to appropriately empower the police to enable it to function as an
efficient, effective, people-friendly and responsive agency;
AND WHEREAS it is necessary for this purpose to enact a new law relating to the establishment
and management of the Police Service;
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It is enacted by the Legislative Assembly of Mizoram in the sixty-Second year of the Republic of
India as follows:-
THE MIZORAM POLICE  ACT, 2011 (Act No. 3 of 2012)
An Act to provide for the establishment and management of better policing system and matter
relating thereto.
Chapter - I
Preliminary: Definitions & Interpretations
1.  Short title, extent and commencement:
(1) This Act may be called the Mizoram Police Act, 2011.
(2) It extends to the whole of the state of Mizoram.
(3) It shall come into force on such date as the State Government may, by notification in the
official Gazette, specify in this behalf.
2. Definitions:-
(1) In this Act, unless the context otherwise requires,-
(a) “Act” means the Mizoram Police Act, 2011;
(b) “Core functions” means 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.
(c) “Insurgency” means 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;
(d) “Internal Security” means preservation of sovereignty and integrity of the State from
disruptive and anti-national forces from within the State;
(e) “Militant activities” means 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;
(f) “Non-core functions” mean such functions which are not core functions as defined;
 (g) “Organized crime” means 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;
(h) “Place of public amusement and public entertainment” means such places as may be
notified by the State Government;
(i) “Police District” means the territorial area notified under Section 9 of Chapter II of this Act;
(j) “Police Officer” means any member of Mizoram Police constituted under this Act;
(k) “Prescribed” means prescribed by rules made under this Act;
(l) “Public place” means any place to which the public 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;
(m) “Regulations” means regulations made under this Act;
(n) “Rules” means rules made under this Act;
(o) “Service Companies” means units of State Armed Police Battalions and District Armed
Reserve which are deployed for law and order and other duties in support of civil
police;
(p) “Service” means the Police Service constituted under this Act;
(q) “Subordinate Rank” means all ranks below the rank of Assistant or Deputy
Superintendent of Police;
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(r) “Terrorist activity” means any activity of a person or a group using explosives or
inflammable substances or firearms or other lethal weapons or noxious gases or other
chemicals or any other substance of a hazardous nature with the aim to strike terror in
the society or any section thereof, and with an intent to overawe the Government
established by law.
(2) Words and expressions used in this Act but not defined specifically shall have the same meaning
as provided in the General Clauses Act 1897 (Act No 10 of 1897), the Code of Criminal
Procedure 1973 Act No 2 of 1974), and the Indian Penal Code 1860 (Act No 45 0f 1860).
Chapter - II
Constitution and organization of the Police Service
3. One Police Service,-
There shall be one Police Service for the State of Mizoram. Members of the Police Service shall
be liable for posting to any branch of the Service in the state, including any of its specialized
wings.
4. Constitution and composition of the Police Service.
Subject to the provisions of this Act:
(1) The Police Service 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
state-level Police Recruitment Board duly constituted by the competent authority through a
transparent process, adopting well-codified and scientific systems and procedures as provided
in the Mizoram Police Manual and other relevant rules.
(3) The 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 State Public
Service Commissions respectively.
(4) The composition of the Police Service shall, as far as possible, reflect adequate representation
of all sections of society, including gender representation.
(5) The pay, allowances, service and working conditions of police personnel shall be as prescribed
by rules, from time to time. These shall always be commensurate with the arduous 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.
5. Appointment of Director General, Additional Directors General, Inspectors General,
Deputy and Assistant Inspectors General,-
(1) For the overall direction and supervision of the Police Service, the State Government shall
appoint a Director General of Police who shall exercise such powers, perform such functions
and duties, and have such responsibilities and such authority, as may be prescribed.
(2) The post of Director General of Police shall be the senior-most position in the hierarchy of
the Police Service in the state and no other officer senior or equivalent in rank to the incumbent
Director General of Police shall be posted to any position within the police organization to
ensure that the unity of command is maintained at all times,
Provided that the State Government in exceptional case, if considered necessary, may
appoint to the post, a police officer, on deputation, from outside the State cadre, subject to
his fulfillment of the criteria laid down in sub-section (2).
Provided further that if any other police officer also holds the rank of Director General,
then he or she may be appropriately appointed outside the state police organization.
(3) The State Government may appoint one or more Additional Director General, and as many
Inspectors General, Deputy and Assistant Inspectors General as necessary.
(4) The State Government may, by a general or special order and in consultation with the Director
General of Police, direct in what manner and to what extent an Additional Director General
or an Inspector General or a Deputy or Assistant Inspector General shall assist and aid the
Director General of Police in the performance, exercise and discharge of his functions, powers,
duties, and responsibilities.
6. Selection and term of office of the Director General of Police.-
(1) The State Government shall appoint the Director General of Police from amongst three
senior-most police officers of the State, empanelled for the rank.
(2) The empanelment for the rank of Director General of Police shall be done by the State
Security Commission created under section 30 of Chapter IV of this Act, considering, inter
alia, the following criteria:
(a) Length of service and fitness of health, standards as prescribed by the State Government;
(b) assessment of the performance appraisal reports of the previous 15 years of service by
assigning weightage to different grading, namely, ‘Outstanding’, ‘Very Good’, ‘Good’,
& ‘Satisfactory’ ;
(c) range of relevant experience, including experience of work in central police
organizations, and training courses undergone;
(d) indictment in any criminal or disciplinary proceedings or on the counts of corruption or
moral turpitude; or charges having been framed by a court of law in such cases.
(e) due weightage to award of medals for gallantry, distinguished and meritorious service:
(3) The Director General of Police so appointed, unless superannuating earlier, shall have a
minimum tenure of two years:
Provided that the Director General of Police may be removed from the post before the expiry
of his tenure by the State Government through a written order specifying reasons, consequent
upon:
(a) 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) suspension from service in accordance with the provisions of the said rules; or
(d) incapacitation by physical or mental illness or otherwise becoming unable to discharge
his functions as the Director General of Police; or
(e) promotion to a higher post under either the State or the Central Government, subject to
the officer’s consent to such a posting.
7. Appointment of Legal Advisor.-
(1) The State Government may appoint a Legal Advisor to assist and aid the Director General of
Police on legal matters in the discharge of his duties and functions.
(2) The State Government shall also ensure that every District Police Unit and every City Police
Commissionerate is provided with one or more Legal Advisors to advise the police on legal
issues and matters on the adequacy or otherwise of available evidence in various cases
investigated by them. The police shall take necessary action on such advice before submitting
the charge sheets in the cases.
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8. Creation of Police Zones and Ranges
(1) The State Government, in consultation with the Director General of Police, may, by
notification, divide the entire geographical area of the state into one or more Police Zones.
Each Zone, comprising two or more Police Ranges, shall be headed by an officer of the rank
of Inspector General who shall supervise the police administration of the Zone and report
directly to the Director General of Police.
(2) The State Government, in consultation with the Director General of Police, may, by
notification, create as many Police Ranges as deemed necessary. Each Range, consisting of
two or more Police Districts, shall be headed by an officer of the rank of Deputy Inspector
General who shall supervise the police administration of the Range and report directly to the
Inspector General in charge of the Zone in the jurisdiction of which the Range falls.
9. Police Districts
The State Government, in consultation with the Director General, may, by notification, declare
any area within the state to be a Police District. The administration of the police throughout such
district shall vest in the Superintendent of Police who may be assisted by as many Additional,
Assistant or Deputy Superintendents, as deemed necessary and are notified.
10. District-level Special Cells, Sub-Divisions and Circles
(1) For the purpose of dealing with a particular category of crime or providing better service to
the community at large including victims of crime, the State Government may, in consultation
w i t h t h e D i r e c t o r G e n e r a l a n d b y n o ti f i c a ti o n , c r e at e o n e o r m o r e S p e c i a l C e l l s i n e ac h
Police District, to be headed by an officer of the rank of Assistant/Deputy Superintendent of Police.
(2) The State Government may, by notification, divide each Police District into as many Sub-
Divisions as deemed necessary, to be headed by an officer of the rank of Assistant/Deputy
Superintendent of Police.
(3) The State Government may, by notification, divide each Police Sub-Division into two 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.
11. Police Stations
(1) The State Government may, in consultation with the Director General of Police and by
notification, create as many Police Stations with as many outposts as necessary, in a Police
District 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) A Police Station shall be headed by a Station House Officer/Officer-in- Charge not below
the rank of Sub-Inspector of Police:
Provided that larger Police Stations may be placed under the supervision of officers of
the rank of Inspector of Police.
(3) The State Government shall ensure availability of adequate strength of staff at each police
station, duly based on the population, incidence of crime, law and order-related workload,
and the geographical area.
(4) The State Governments 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.
(5) Each Police Station shall have a Women and Child Protection Desk, staffed, as far as possible,
by women police personnel, to record complaints of crimes against women and children and to
deal with the tasks relating to administration of special legislations relating to women and children.
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(6) Each Police Station shall prominently display all the relevant information required to be
made public, including the Supreme Court guidelines and directions, as also departmental
orders on arrests, and the details regarding the persons arrested and held in lock-ups.
12. Term of office of key police functionaries.-
(1) An officer posted as a Station House Officer/Officer-in-Charge in a Police Station, as a Sub-
Divisional Police Officer, as a Superintendent of Police of a District and as a Deputy Inspector
General of Police in-charge of a Range shall have a term of a minimum of two years and a
maximum of three years:
Provided that any such officer may be made to leave 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; or
(g) on deputation with the consent of the officer concerned.
(2) In exceptional cases, an officer may be removed 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:
Provided that in all such cases, the competent authority shall report in writing the matter
with all details to the next higher authority as well as to the Director General of Police. It
shall be open to the aggrieved officer, after complying with the order, to submit a representation
against his premature removal to the Police Establishment Board, which shall consider the
same on merit and recommend due course of action to the competent authority.
Explanation : Competent authority means an officer authorized to order transfers and postings
for the rank concerned.
13. Coordination within the District Administration.-
For the purpose of efficiency in the general administration of the district, it shall be lawful for the
District Magistrate, in addition to the provisions of the Code of Criminal Procedure, 1973 and
other relevant Acts, 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 calamities and rehabilitation of the persons affected thereby;
(e) situations 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 of the district; and
(g) removal of any persistent public grievance.
14. Railway Police
(1) The State Government may, by notification in the Official Gazette, create one or more special
police districts embracing such railway areas in the State as it may specify, and appoint a
Superintendent of Police, one or more Assistant and Deputy Superintendent and such other
police officers for each such special district as it may deem fit.
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(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
charges, and such other functions as State Government may from time to time assign them.
(3) Any police officer whom the State Government may by general or special order empower to
act under this sub-section, may, subject to any orders which the government may make in
this behalf, exercise within the special district or any part thereof any of the powers of an
officer-in-charge of a Police Station in that district. While exercising such power he 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 which the State Government may make in this behalf,
such police officers shall, in the discharge of their function, be vested within every part of
the state, with the powers and privileges and be subject to liabilities of police officers under
this Act or any other law for the time being in force.
(5) The Superintendent of Police may, with the previous permission of the State Government,
delegate any of the powers and functions conferred on him by or under this Act, to an Assistant
or Deputy Superintendent.
15. State Intelligence and Criminal Investigation Departments
(1) The state police organization shall have a State Intelligence Department for collection,
collation, analysis and dissemination of intelligence, and a Criminal Investigation Department
for investigating inter-state, inter-district crimes and other specified offences, in accordance
with the provisions of Chapter IX of this Act.
(2) The State Government shall appoint a police officer of or above the rank of Deputy Inspector
General of Police to head each of the aforesaid departments.
(3) The Criminal Investigation Department shall have specialized wings to deal with different
types of crime requiring focused attention or special expertise for investigation. Each of
these wings shall be headed by an officer not below the rank of a Superintendent of Police.
(4) The State Intelligence Department shall have specialized wings, to deal with and coordinate
specialized tasks such as measures for counter terrorism, counter militancy and VIP Security.
(5) The State Government shall appoint by rules prescribed under this Act, an appropriate number
of officers from different ranks to serve in the Criminal Investigation Department, and the
State Intelligence Department, as deemed appropriate with due regard to the volume and
variety of tasks to be handled.
16. Technical and Support Services.-
(1) The State Government shall create and maintain such ancillary technical agencies and services,
under the overall control of the Director General of Police, as considered necessary or
expedient for promoting efficiency of the Police Service.
(2) (a) The services so created shall include a full fledged Forensic Science Laboratory at the
State-level, and if possible, at a Police Range and a Mobile Forensic Science Unit for
every district, with appropriate equipment and scientific manpower, in keeping with
the guidelines laid down by the Directorate of Forensic Science or the Bureau of Police
Research and Development of the Government of India.
(b) 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, shall appoint for the whole state one or more Directors of Police
Telecommunications, preferably not below the rank of Deputy Inspector General of Police
and as many Superintendents of Police and Deputy Superintendents of Police as deemed
necessary to assist him.
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17. Appointment of Directors of State Police Academies and Principals of Police Training Schools.-
(1) The State Government shall establish a full-fledged Police Training Academy at the state
level and as many fully-equipped 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 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 shall also ensure by rules prescribed,  for appointment of senior and
competent officers to head such Police training institutions, and  appropriate number of
officers from the Police Service, 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 faculties of such training institutions.
(3) The State shall 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 these training institutions.
18. Organization of research.-
The State Government may set up such bodies and take up such other steps as considered necessary
or expedient for the purpose of undertaking research into matters relating to the efficiency of the
Police Service.
19. Oath or affirmation by police personnel.-
Every member of the Police Service enrolled under this Act shall, on appointment and completion
of training, make and subscribe before the Superintendent of Police or Commissioner of Police, as
the case may be, or another officer appointed in that behalf by him as the case may be, an oath or
affirmation, as prescribed.
20. Certificate of appointment.-
(1) Every police officer of or below the rank of Inspector shall on appointment receive 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, whenever the person named
therein ceases to belong to the Police Service or shall remain inoperative during the period
such person is suspended from the service.
21. Special Police Officers.-
(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) 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.
(3) Every Special Police Officer so appointed shall be honorary in nature. However, the state
government may by special order prescribe the honorarium to be paid to such Special Police
Officers.
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22. Appointment of Additional Police.-
(1) Additional police comprising officers of such ranks or grades may be appointed or deputed
for the purpose prescribed by the State Government for such time and on such pay as the
authority prescribed in that behalf may determine.
(2) Every Additional Police Officer upon such appointment, shall-
(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
(c) be subject to the orders of the Superintendent of Police.
(3) The deployment or deputation of such Additional Police Officer may be made at the request
of any person requiring such police, and the cost of such deployment shall be recovered in
such manner as is prescribed under this Act or any other law for the time being in force.
Chapter - III
Armed Police Units
23. District Armed Reserves and State Armed Police Battalions.-
To assist the civil police promptly and efficiently in dealing with group protests and violent
disturbances involving breaches 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
may create Armed Police units with appropriate manpower strengths in the form of an Armed
Police Reserve for each Police District, (if and when considered necessary) and appropriate number
of Armed Police Battalions for the state, including provision of women units
24. Role and functions.-
The Armed Police Battalions will be a state-level reserve, to be 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.
25. The District Armed Reserve.-
The District Armed Reserve, if created, will function under the control, direction and supervision
of the District Superintendent of Police and 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.
26. Organizational structure of District Armed Reserves.-
( 1 ) T h e D i s tr i c t A r m e d P o l i c e Re s e r v e s h a l l b e h e ad e d b y a n o f f i c e r o f t h e r a n k o f e i t h e r a
Deputy Superintendent of Police (Armed Reserve) or an Additional Superintendent of Police
(Armed Reserve), depending on the manpower strength of the Armed Reserve set-up of the
District.
(2) The District Armed Reserve will be sub-divided into appropriate numbers of Platoons, each
headed by a Reserve Sub-Inspector. The Platoons will be further subdivided into Sections,
each of which will be headed by a senior Havilder or senior Head Constable. Each Section
shall have two Havilders or Head Constables who could lead the half-Sections when so
deployed.
(3) The deployment of the District Armed Reserve for performing law and order duty with arms
shall ordinarily not be in less than Section strength. Only when large-scale deployments
have to be made, covering a wide area, and when firearms are not needed, the Armed Reserve
set-up could be utilized in the strength of half-Sections.
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(4) Each Armed Reserve set-up shall have an appropriate number of Reserve Inspectors to deal
with general administration of the Reserve, maintenance of equipment and stores, and training.
(5) It shall be the duty of the District Superintendent of Police to ensure that the personnel of the
Reserve 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.
27. Organizational structure of the Armed Police Battalions.-
A Commandant, equivalent in rank to Superintendent of Police, shall head each Armed Police
Battalion. The Commandant shall be assisted by a Deputy Commandant, equivalent in rank to
Additional Superintendent of Police, who will also be the Second-in-Command of the Battalion.
Each Battalion shall 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.
28. Administration, Training, etc of Armed Police Battalions set up.-
The Armed Police Battalions set-up of the state shall be headed by an officer of or above the rank
of Deputy Inspector General, 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.
Chapter - IV
Superintendence and Administration of Police
29. Superintendence of state police to vest in the State Government.-
(1) It shall be the responsibility of the State Government to ensure an efficient, effective,
responsive and accountable Police Service for the entire state. For this purpose, the 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.
(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.
30. State Security Commission.-
The State Government shall, within six months of the coming into force of this Act, establish a
State Security Commission to exercise the functions assigned to it under the provisions of this
Chapter.
31. Composition of the Commission.-
(1) The State Security Commission shall have as its members :
(a) the Home Minister as its Chairperson;
(b) the Leader of the Opposition in the State Assembly;
(c) a retired District Judge, nominated by the Chief Justice of the High Court;
(d) the Chief Secretary;
(e) the Secretary in charge of the Home Department;
(f) the Director General of Police as its Member-Secretary; and
(g) two non-political persons (hereinafter referred to as “Independent Members”)  of proven
reputation for integrity and competence in administration, law enforcement and security
related matters to be appointed by the State Government.
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(2) No serving Government employee shall be appointed as an Independent Member.
(3) Any vacancy in the State Security Commission shall be filled up as soon as practicable, but
not later than three months after the seat has fallen vacant.
32. Grounds of ineligibility for Independent Members.-
No person shall be appointed as an Independent Member of the State Security Commission if he –
(a) is not a citizen of India; or
(b) has been convicted by a court of law or against whom charges have been framed in a court of
law; or
(c) has been dismissed or removed from service or compulsorily retired on the grounds of
corruption or misconduct; or
(d) holds an elected office, including that of Member of Parliament or State Legislature or a
local body, or is an office-bearer of any political party or any organization connected with a
political party; or
(e) is of unsound mind.
33. Term of office of Independent Members.-
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.
34. Removal of Independent Members.-
(1) An Independent Member may be removed from the State Security Commission by a two-
thirds majority of members of the Commission on any of the following grounds:-
(a) proven incompetence; or
(b) proven misbehavior; or
(c) failure to attend three consecutive meetings of the State Security Commission  without
sufficient cause; or
(d) incapacitation by reasons of physical or mental infirmity or otherwise becoming unable
to discharge his functions as a member.
(2) In addition, an Independent Member shall be removed from the State Security Commission
if he incurs any of the grounds of ineligibility specified under Section 32.
(3) The State Security Commission shall explicitly state in writing the grounds for such removal.
35. Functions of the State Security Commission.-
The State Security Commission shall perform the following functions -
(a) frame broad policy guidelines for promoting efficient, effective, responsive and accountable
policing, in accordance with the law;
(b) prepare panels of police officers for the rank of Director General of Police against prescribed
criteria with the provisions of Section 6 of Chapter II;
(c) identify performance indicators to evaluate the functioning of the Police Service. These
indicators shall, inter alia , include: operational efficiency, public satisfaction, victim
satisfaction vis-à-vis police investigation and response, accountability, optimum utilization
of resources, and observance of human rights standards; and
(e) review and evaluate organizational performance of the Police Service in the state as a whole
as well as district-wise against (i) the Annual Plan, (ii) performance indicators as identified
and laid down, and (iii) resources available with and constraints of the police.
36. Expenses of the State Security Commission.-
The expenses on account of remuneration, allowances and travel in connection with official business
of the State Security Commission, in respect of the Independent Members shall be borne by the
State Government.
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37. Administration of Police.-
(1) The administration of Police throughout the state shall be vested in the Director General of
Police and in such Additional Directors General, Inspectors General, Deputy Inspectors
General and other officers as appointed under this Act.
(2) The administration of police in a district shall vest in the District Superintendent of Police.
(3) Administration will mean the management of the Police Force of the State, subject to law,
rules and regulations; and will include framing of regulations; supervising the functioning
of the police at all levels; appointment to subordinate ranks of the Service, deployment of
the police personnel, posting, transfers, and maintenance of discipline and high morale in
the entire State police force.
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, reasons for which shall be recorded in writing.
38. Powers and responsibilities of the Director General of Police.-
As head of the state Police Force, it shall be the responsibility of the Director General of Police to;
(a) operationalise the policies, the Strategic Plan and the Annual Plan prepared by the State Government.
(b) administer, control and supervise the Police Service to ensure its efficiency, effectiveness,
responsiveness and accountability.
39. Police Establishment Board and its functions.-
(1) The State Government shall constitute a Police Establishment Board (hereinafter referred to
as the ‘Establishment Board) with the Director General of Police as its Chairperson and four
other senior-most officers within the police organization of the State as members.
(2) The Police Establishment Board shall  accept and examine complaints from police officers
about being subjected to illegal orders and shall make appropriate recommendation to the
Director General of Police for necessary action:
Provided that if the matter under report involves any authority of or above the ranks of
the members of the Establishment Board, it shall forward such report to the State Security
Commission for further action.
(3) The Establishment Board shall recommend names of suitable officers to the State Government
for posting to all the positions in the ranks of Assistant/Deputy Superintendents and above in
the police organization of the state, excluding the Director General of Police. The State
Government shall ordinarily accept these recommendations, and if it disagrees with any
such recommendation, it shall record reasons for disagreement.
(4) The Establishment Board shall also consider and recommend to the Director General of
Police the names of officers of the ranks of Sub-Inspector and Inspector for posting to a
Police Range on initial appointment, or for transfer from one Police Range to another, where
such transfer is considered expedient for the Police Service.
(5) Inter-district transfers and postings of non-gazetted ranks, within a Police Range, shall be
decided by the Range Deputy Inspector General, as competent authority, on the
recommendation of a Committee comprising all the District Superintendents of Police of the Range.
(6) Postings and transfers of non-gazetted police officers within a Police District shall be decided
by the District Superintendent of Police, as competent authority, on the recommendation of
a District-level Committee in which all Additional/Deputy/Assistant Superintendents of Police
posted in the District shall be members.
(7) While effecting transfers and postings of police officers of all ranks, the concerned competent
authority shall ensure that every officer is ordinarily allowed a minimum tenure of two years
in a posting. If any officer is to be transferred before the expiry of this minimum term, the
competent authority must record detailed reasons for the transfer.
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(8) No authority other than the authority having power under this Act to order transfer shall
issue any transfer order
Chapter - V
Role, Functions, Duties and Responsibilities of the Police
40. Role, functions and duties of the police:-
The role and functions of the police shall broadly be:-
(a) to uphold and enforce the law impartially, and to protect life, liberty, property, human rights,
and dignity of the members of the public;
(b) to promote and preserve public order;
(c) to protect internal security, to prevent and control terrorist activities, breaches of communal
harmony, militant activities and other situations affecting Internal Security;
(d) to protect public properties including roads, railways, bridges, vital installations and
establishments etc. against acts of vandalism, violence or any kind of attack;
(e) to prevent crimes, and reduce the opportunities for the commission of crimes through their
own preventive action and measures as well as by aiding and cooperating with other relevant
agencies in implementing due measures for prevention of crimes;
(f) to accurately register all complaints brought to them by a complainant or his representative,
in person or received by post, e-mail or other means, and take prompt follow-up action
thereon, after duly acknowledging the receipt of the complaint;
(g) to register and investigate all cognizable offences coming to their notice through such
complaints or otherwise, duly supplying a copy of the First Information Report to the
complainant, and where appropriate, to apprehend the offenders, and extend requisite
assistance in the prosecution of offenders;
(h) to create and maintain a feeling of security in the community, and as far as possible prevent
conflicts and promote amity;
(i) to provide, as first responders, all possible help to people in situations arising out of natural
or man-made disasters, and to provide active assistance to other agencies in relief and
rehabilitation measures;
(j) to aid individuals, who are in danger of physical harm to their person or property, and to
provide necessary help and afford relief to people in distress situations;
(k) to facilitate orderly movement of people and vehicles, and to control and regulate traffic on
roads and highways;
(l) to collect intelligence relating to matters affecting public peace, and all kind of crimes
including social offences, communalism, extremism, terrorism and other matters relating to
national security, and disseminate the same to all concerned agencies, besides acting, as
appropriate on it themselves.
(m) to take charge, as a police officer on duty, of all unclaimed property and take action for their
safe custody and disposal in accordance with the procedure prescribed.
41. Social responsibilities of the police
Every police officer shall:-
(a) behave with the members of the public with due courtesy and decorum, particularly so in
dealing with senior citizens, women, persons with disabilities and children;
(b) guide and assist members of the public, particularly senior citizens, women, children, the
poor and indigent and the physically or mentally challenged individuals, who are found in
helpless condition on the streets or other public places or otherwise need help and protection;
(c) provide all requisite assistance to victims of crime and of road accidents, and in particular
ensure that they are given prompt medical aid, irrespective of medico-legal formalities, and
facilitate their compensation and other legal claims;
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(d) ensure that in all situations, especially during conflict between communities, classes, castes
and political groups, the conduct of the police is always governed by the principles of
impartiality and human rights norms, with special attention to protection of weaker sections
including minorities;
(e) prevent harassment of women and children in public places and public transport, including
stalking, making objectionable gestures, signs, remarks or harassment caused in any way;
(f) render all requisite assistance to the members of the public, particularly women, children,
and the poor and indigent persons, against criminal exploitation by any person or organized
group; and
(g) arrange for legally permissible sustenance and shelter to every person in custody and making
known to all such persons provisions of legal aid schemes available from the Government
and also inform the authorities concerned in this regard.
42. Duties in emergency situations:-
(1) The State Government may, by notification in the official gazette, declare any specified
service to be an essential service to the community, for a specified period, which may be
extended from time to time, by a notification, as necessary.
(2) Upon a declaration being made under sub-section (1) and so long it remai

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