LexThe rajasthan police act 2007
Rajasthan · state statute
Open in Lexace · Ask the AI about this actRajasthan Police Act, 2007
(Act No. 14 of 2007)
Notification No. f.2(12) Vidhi/2/2007, dated 1.11.2007 (Published in Rajasthan
Gazette Extraordinary, Part-4(A) Dated 1.11.2007)
[Received the assent of the Governor on the 30th day of October, 2007]
An Act to consolidate and amend the law relating to Police Force in the State of
Rajasthan and matters connected therewith or incidental thereto.
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 personnel needs to be professionally
organised, service oriented, free from extraneous influences and accountable to
law;
And Wh ereas, 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;
Now, Therefore, be it enacted by the Rajasthan State Legislature in the Fifty-eighth
Year of the Republic of India, as follows:-
CHAPTER-I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the
Rajasthan Police Act, 2007.
(2) It extends to the whole of the State of Rajasthan, and to the police force of
the State deployed outside the State.
(3) It shall come into force on such date as the State Government may, be
notification in the Official Gazette, appoint and different dates may be
appointed for different provisions of this Act.
2. Definitions. - (1) In this Act, unless the context otherwise requires,-
(a) "Chief Secretary" means the Chief Secretary to the State Government;
(b) "cyber crime" shall mean and include all offences under the information
Technology Act, 2000 (Central Act No. 21 of 2000) and any other offences
committed by use of electronic devices, such as computers, credit cards,
internet, ATM, etc;
(c) "Director General of Police" means the Police officer appointed as such by
the State Government for the overall control, supervision and direction of the
police force;
(d) "District Superintendent of Police" means the police officer incharge of a
Police District;
(e) "domestic help" means a person working for remuneration or otherwise in a
household"
(f) "moral turpitude" means involvement in any crime which pertains to
cheating, forgery, intoxication, rape, outraging the modesty of a woman, illicit
traffic as defined in the Prevention of Illicit Traffic in Narcotic Drugs and
Psychotropic Substances Act, 1988 (Central Act No. 46 of 1988), immoral
trafficking as define d in the Immoral Traffic (Prevention) Act, 1956 (Central
Act No. 104 of 1956), planned violence or any offence against the State as
mentioned in Chapter VI of the Indian Penal Code, 1860 (Central Act No. 45 of
1860);
(g) "organized crime" includes any crim e committed by two or more persons
in pursuance of their common intention of wrongful or unlawful gain;
(h) "outpost" means a police post within the jurisdiction of a Police Station;
(i) "Police officer" means any member of the Police Force of the State;
(j) "police personnel" shall include police officers and all other persons for
whom the appointing authority is the Director General of Police or an officer
subordinate to him;
(k) "Police Station" means any area declared to be a Police Station under the
provisions of the Code of Criminal Procedure, 1973 (Central Act No. 2 of
1974);
(l) "power of superintendence" means and includes power of giving directions,
guidance and instructions in all administrative matters and includes the power
to annul, reverse, re scind or revise any order issued by an authority under the
provisions of this Act, subject to the provisions pertaining to investigation as
contained in the Criminal Procedure Code, 1973 (Central Act No. 2 of 1974);
(m) "prescribed" means prescribed by the rules made by the State Government
under this Act;
(n) "public place" means any place to which the public has access;
(o) "Railway Areas" means areas comprised between outermost signals
appurtenant to railway tracks including premises of every railway station within
the State of Rajasthan and shall include trains on tracks, whether moving or
stationary, in any area of the State of Rajasthan;
(p) "ranks" shall mean and include subordinate ranks and supervisory ranks;
(q) "rules" means the rules made under this Act;
(r) "Special Cell" means a cell created for dealing with a particular category of
crime or providing better service to the community including victims of crime;
(s) "State" means the State of Rajasthan;
(t) "State Government" means the State Government of Rajasthan;
(u) "subordinate ranks" means all ranks below the rank of Assistant or Deputy
Superintendent of Police;
(v) "supervisory ranks" means ranks of Assistant and Deputy Superintendent
of Police or above;
(w) "tenant" for the purposes of this Act, means a persons to whom a house or
premises or part thereof has been let out, whether a lease or rent deed has been
executed or not; and
(x) "Village Guard" means a person enlisted as such under section 48 of this
Act.
(2) The words and expressi ons used but not defined in this Act shall have the
meaning as assigned to them in the Code of Criminal Procedure, 1973 (Central
Act No. 2 of 1974) and the Indian Penal Code, 1860 (Central Act No. 45 of
1860).
CHAPTER-II
Constitution and Organisation of the Police Force
3. Constitution of the Police Force for the State. - (1) There shall be a Police
Force for the State.
(2) The Police Force shall consist of such ranks and such number of police
officers and have such organisations as the State Government may, by general
or special orders, determine.
(3) The organisation of the Police Force may include training institutions,
research and development bureaus, technical and support services, intelligence
and criminal investigation units, and other institution s and units as determined
by the State Government from time to time.
4. Police Ranges. - The State Government may, by notification, divide the entire
territory of the State, other than metropolitan area, into one or more Police
Ranges.
5. Metropolitan Areas . - The State Government shall, as soon as may be, declare
any area in the State comprising a city or town whose population exceeds one
million to be a Metropolitan area under the provisions of section 8 of the Code
of Criminal Procedure, 1973 (Central Act No. 2 of 1974).
Explanation. - In this section the expression "population" means the population
as ascertained at the last preceding census of which the relevant figures have
been published.
6. Police District and Police District Level Special Cells. - (1) The State
Government may notify any area, including a metropolitan area, within the
State as a Police District.
(2) The State Government may, by notification, establish one or more Special
Cells in a Police District and may appoint an officer not below t he rank of
Deputy superintendent of Police to be the in-charge of such special cell.
7. Circles. - The State Government may, by notification, divide each Police
District into one or more Circles.
8. Police Station. - (1) The State Government may, by notifi cation, establish one
or more Police Stations in a circle specifying the jurisdiction of each such
Police Station.
(2) The State Government may appoint a police officer not below the rank of
Sub-Inspector of Police to be the incharge of a Police Station.
(3) The State Government may, by notification, establish one or more outposts
within the territorial jurisdiction of a Police Station specifying territorial
jurisdiction of such outpost.
9. Special provisions pertaining to Railway Areas. - The State Government may,
by notification, create one or more Police Districts embracing such part of
Railway Areas in the State as the State Government may specify.
10. Special Police Officers. - (1) Subject to rules prescribed in this behalf, the
District Superintendent of Police may, in consultation with the District
Magistrate, by an order in writing, appoint any person to act as a Special Police
Officer within his local jurisdiction, for a period as specified in the appointment
order.
(2) Every special police officer s o appointed shall have the same powers,
privileges and protection, and shall be liable to perform the same duties and
shall be amenable to the same penalties, and be subordinate to the same
authorities, as the ordinary officers of police.
11. Additional Police Officers. - (1) The State Government, or as the case may be,
an authority specially empowered by the State Government in this behalf, may
appoint Additional police officers for such purposes, and on such terms and
conditions and in such manner as may be prescribed.
(2) The deployment or deputation of Additional Police Officers may be made at
the request of any person showing the necessity thereof, and the cost incurred
on such deployment or deputation may be recovered from the person making
request for such deployment or deputation in the manner prescribed.
CHAPTER-III
Control, Supervision and Direction of the Police Force
12. Superintendence over the Police Force. - Power of Superintendence of the
Police Force in respect of all matters shall vest in the State Government.
13. Director General of Police. - (1) The State Government shall appoint a
Director General of Police for the overall control, supervision and direction of
the Police Force, who shall exercise such powers, perform such functions and
discharge such duties, and have such responsibilities, as may be prescribed.
(2) The Director General of Police shall be appointed from a panel consisting of
officers of the rank of Director General and the officers who have been found
suitable for promotio n in the rank of Director General, after screening by a
Committee constituted for the purpose in accordance with the provisions of the
All India Services Act, 1951 (Central Act No. 61 of 1951):
Provided that the panel of officers shall not exceed double th e number of cadre
posts sanctioned for the rank of Director General in the State.
(3) Subject to the rules made under All India Services Act, 1951 (Central Act
No. 61 of 1951), the Director General of Police so appointed shall have a
minimum tenure of two years.
(4) Notwithstanding anything in sub-section (3), Director General of Police may
be removed from his post before the expiry of the said tenure by the State
Government, consequent upon:-
(a) his conviction by the court in a criminal offence or where charges have been
framed by the court in a case involving corruption or moral turpitude;
(b) his punishment of dismissal, removal, or compulsory retirement from
service or of reduction to a lower rank, awarded under the provisions of the All
India Services (Discipline and Appeal) Rules, 1967 or any other relevant rule;
(c) his suspension from service in accordance with the provisions of the rules
referred to clause (b);
(d) his incapacity in the discharge of functions as Director General of Police
due to physical or mental illness;
(e) his own request; or
(f) an administrative exigency which shall be recorded in writing,
(5) The State Government may appoint one or more Additional Director
General of Police, Inspector General of Police, Deputy Inspector General of
Police, and Superintendent of Police to assist the Director General of Police,
and determine, in consultation w ith Director General of Police, the functions,
duties, responsibilities and powers of such officers.
14. Control, Supervision and Direction of Police Force in a Police Range. - (1)
the S ate Government shall appoint an officer not below the rank of Deputy
Inspector General f the Police to be in-charge of a Police Range.
(2) The power of control, supervision and direction of the Police Force in a
Police Range shall, subject to the overall control of the Director General of
Police, vest in the officer in-charge of the Police Range.
(3) Subject to the rules made under All India Services Act, 1951 (Central Act
No. 61 of 1951), the Officer in -charge of the Police Range so appointed shall
have a minimum tenure of two years.
(4) Notwithstanding anything in sub-section (3), the officer in -charge of Police
Range may be removed from his post before the expiry of the said tenure by the
State Government consequent upon:-
(a) his conviction by the court in a criminal offence or where charges have been
framed by the court in a case involving corruption or moral turpitude;
(b) his punishment of dismissal, removal, or compulsory retirement from
service or of reduction to a lower rank, awarded under the provisions of the
All India Services (Discipline and Appeal) Rules, 1967 or any other relevant
rule;
(c) his suspension from service in accordance with the provisions of the rules
referred to in clause (b);
(d) his in capacity in the discharge of functions due to physical or mental
illness;
(e) his own request; or
(f) an administrative exigency which shall be recorded in writing.
15. Control, Supervision and Direction of Police Force in Metropolitan
Areas. - (1) The State Government shall appoint a Commissioner of Police in a
Metropolitan area.
(2) The Commissioner of Pol ice shall be an officer not below the rank of
Inspector General of Police and shall be appointed from a panel of officers
recommended by a committee consisting of the following:-
(a) Chief Secretary;
(b) Secretary in-charge, Home Department of the State;
(c) Secretary in-charge, Department of Personnel of the State;
(d) Director General of Police.
(3) The Control, Supervision and Direction of the Police Force in a
Metropolitan Area shall, subject to the overall control of the Director
General of Police, vest in the Commissioner of Police.
(4) The Commissioner of Police appointed under sub -section (1) shall exercise
such functions and discharge such duties, and shall have such responsibility
and authority as may be determined by the State Government by a general of
special order.
(5) Subject to the rules made under All India Services Act, 1951 (Central Act
No. 61 of 1951), the Commissioner of Police shall have a minimum tenure
of two years.
(6) Notwithstanding anything in sub -section (5), the Commissioner of Police
may be removed from his post before the expiry of the said tenure by the
State Government consequent upon:-
(a) his conviction by the court in a criminal offence or where charges have been
framed by the court in a case involving corruption or moral turpitude;
(b) his punishment of dismissal, removal or compulsory retirement from service
or of reduction to a lower rank, awarded under the provisions of the All
India Services (Discipline and Appeal) Rules, 1967 or any other relevant
rule;
(c) his suspen sion from service in accordance with the provision of the rules
referred to clause (b);
(d) his incapacity in the discharge of functions due to physical or mental illness;
(e) his own request; or
(f) an administrative exigency which shall be recorded in writing.
(7) The State Government may appoint one or more Additional, Joint, Deputy,
or Assistant Commissioners to assist the Commissioner of Police in the
discharge of his duties and determine, in consultation with the
commissioner, the functions, duties, r esponsibilities, and powers of such
officers.
16. Control, Supervision and Direction of Police Force in a Police District. -
(1) The State Government may appoint a District Superintendent of Police for a
Police District:
Provided that in a metropolitan are a, District Superintendent of Police shall
be designated as Deputy Commissioner of Police and references to District
Superintendent of Police in this Act shall, in relation to a metropolitan area,
be construed accordingly.
(2) The power of control, supervision and direction of the Police Force in a
Police District shall, subject to the overall control of the Director General of
Police, vest in the District Superintendent of Police.
(3) Subject to the rules made under All India Services Act, 1951 (Cen tral Act
No 61 of 1951), the District Superintendent of Police shall have a minimum
tenure of two years.
(4) Notwithstanding anything in sub -section (3), District Superintendent of
Police may be removed from his post before the expiry of the said tenure by
the State consequent upon:-
(a) his conviction by the court in a criminal offence or where charges have been
framed by the court in a case involving corruption or moral turpitude;
(b) his punishment of dismissal, removal, or compulsory retirement from
service or of reduction to a lower rank, awarded under the provisions of the
All India Services (Discipline and Appeal) Rules, 1967 or any other relevant
rule;
(c) his suspension from service in accordance with the provisions of the rules
referred to clause (b);
(d) his incapacity in the discharge of functions due to physical or mental illness;
(e) his own request; or
(f) an administrative exigency which shall be recorded in writing;
(5) The State Government may appoint one or more Additional, Deputy or
Assistant Superintendent of Police to assist the District Superintendent of
Police.
(6) The powers, functions and duties of police officers appointed under sub -
section (5) shall be such as may be determined by the Director General of
Police by general or special order.
17. Control, Supervision and Direction of Police Force in a Police circle. - (1)
The State Government may appoint an officer not below the rank of Deputy
superintendent of Police to be the In-charge of a Police circle:
Provided that in a metropoli tan area, the In -charge of a Police circle shall be
designated as Assistant Commissioner of Police and references to officer in -
charge of a Police circle in this Act shall, in relation to a metropolitan area, be
construed accordingly.
(2) The power of cont rol, supervision and direction of the Police Force in a
Police circle shall, subject to the overall control of the Director General of
Police, vest in the officer in-charge of a police circle.
(3) The officer in-charge of a Police circle shall have a minimum tenure of two
years.
(4) Notwithstanding anything in sub -section (3), officer in -charge of a Police
circle may be removed from his post before the expiry of the said tenure by
the State Government consequent upon:-
(a) his conviction by the court in a criminal offence or where charges have been
framed by the court in a case involving corruption or moral turpitude:
(b) his punishment of dismissal, removal, or compulsory retirement from
service or of reduction to a lower rank, awarded under the provis ions of the
All India Services (Discipline and Appeal) Rules, 1967 or any other relevant
laws;
(c) his suspension from service in accordance with the provisions of the rules
referred to in clause (b);
(d) his incapacity in the discharge of functions due to physical or mental illness;
(e) his own request; or
(f) his administrative exigency which shall be recorded in writing;
18. Supervision of Police Force in Railway Areas. - (1) The State Government
may appoint an officer in the rank of Inspector General o f the Police to be the
in-charge of the Railway Areas.
(2) The power of control, supervision and direction of the Police Force in the
Railway Areas shall, subject to the overall control of the Director General of
Police, vest in the Inspector General of Po lice, in -charge of the Railway
Areas.
(3) The State Government may appoint an officer in the rank of Superintendent
of Police to be the in -charge of the Police District of Railway Areas, and
power of control, supervision and direction shall, subject to the overall
control of the Director General of Police, vest in the officer so appointed.
19. Tenure of office of certain police officers on field duties. - (1) A police
officer posted as an officer in -charge of a Police Station or as an officer in -
charge of a Crime Investigation Unit shall have a minimum tenure of two years.
(2) Notwithstanding anything in sub -section (1), any officer referred to in that
sub-section may be transferred from his post before the expiry of the said
tenure, consequent upon-
(a) his promotion to a higher post;
(b) his superannuation;
(c) his conviction by the court;
(d) charges having been framed against his by the court in a criminal offence;
(e) his punishment of dismissal, removal, discharge or compulsory retirement
from service or of reduction to a lower rank, awarded under the rules
relating to disciplinary action applicable to him;
(f) his suspension from service in accordance with the provisions of the rules
referred to in clause (e);
(g) his incapacity in the discharge of fun ctions and duties due to physical or
mental illness:
(h) for filling up a vacancy;
(i) his own request; or
(j) an administrative exigency which shall be recorded in writing.
20. Regulation of recruitment and condition of services of police officers in
subordinate ranks. - (1) The State Government may make rules for the
regulation of recruitment and conditions of service of police officers in
subordinate ranks.
(2) Subject to the provisions of Article 311 of the Constitution of India, the
Director General of Police or any other police officer authorised by the State
Government in this behalf may dismiss, remove from service, reduce in
rank, or confine to quarters for a term not exceeding fifteen days (with or
without punishment -drill, extra guard, fatigue or other duty), any police
officer of subordinate ranks found to be remiss or negligent in the discharge
of his duties or unfit for the same, or guilty of any misconduct.
CHAPTER-IV
State Police Commission and Police Establishment Board
21. State Police Commission. - (1) The State Government shall establish a State
Police Commission (hereinafter referred to as the "Commission"), which shall
perform functions assigned to it under the provisions of this Chapter.
(2) Minister -in-charge of the Home Department shall be the Chairman of the
Commission and other members of the Commission shall be as follows:-
(a) Leader of the Opposition in the State Legislative Assembly or if there is no
Leader of the Opposition, the leader of the largest opposition party (Single
or group of parties recognized by the Speaker) in the State Legislative
Assembly;
(b) Chief Secretary;
(c) Secretary-in-charge of the Home Department;
(d) Director General of Police; and
(e) Three persons of eminence (hereinafter referred to as "Independe nt
Members") from any walk of public life to be appointed by the State
Government:
Provided that atleast one independent member shall be from amongst the
weaker sections of the society.
(3) The State Government may appoint a police officer not below the ra nk of
Additional Director General to act as the Secretary to the Commission.
(4) The Commission shall follow such rules with regard to its meetings, quorum
and transaction of business as may be made by the State Government.
22. Committee for selection of Independent Members. - Independent Members
shall be appointed by the State Government on the recommendation of a panel
consisting of the Chief Minister as its Chairman and the following as its
members:-
(a) Leader of the Opposition in the State Legislative Assembly or if there is no
Leader of the Opposition, the leader of the largest opposition party (single or
group of parties recognized by the speaker) in the State Legislative
Assembly;
(b) Minister-in-charge of the Home Department;
(c) Chairman of the Rajasthan State Human Rights Commission.
23. Disqualification for appointment as Independent Member. - A person shall
not be eligible to be appointed as an Independent Member of the Commission if
he-
(a) is not a citizen of India;
(b) has been convicted by the court or against whom charges of an offence
involving moral turpitude have been framed by the court;
(c) has been dismissed, removed or compulsorily retired from any public
service;
(d) has been declared insolvent by the court;
(e) is of unsound mind; or
(f) is or has been a Member of Parliament or the Legislature of a State or a local
body; or is or has been an office -bearer of any political party or any
organisation connected with a political party; or is or has been a member of
any political party or any organisation affiliated to a political party.
24. Term and privileges of Independent Members. - (1) The term of an
independent member shall be for a period of three years from the date of his
appointment and he shall not be eligible for reappointment.
(2) An independent member shall serve in an honorary capacity and the
privileges and facilities to be extended to such member shall be such as may be
prescribed.
25. Removal of an Independent Member. - State Government may remove an
independent member-
(a) on grounds of;-
(i) failure to attend three consecutive meetings of the Commission without
sufficient cause;
(ii) incapacitation by reasons of physical or mental infirmity; or
(iii) otherwise becoming unable to discharge his functions as a member.
(b) on the recommendation of the selection committee referred to in Section 22;
or
(c) if he incurs any disqualification specified in Section 23.
26. Functions of the Commission. - The Commission may perform the following
functions, namely:-
(a) to advise the State Government on policy guidelines for promoting efficient
and accountable policing;
(b) to assist the State Government in identifying performance indicators to
evaluate the functioning of the Police Force;
(c) to communicate its views periodically on t he performance of the Police
Force;
(d) to formulate perspective plans for policing and submit them to the State
Government;
(e) to analyse crimes in the State and suggest preventive measures;
(f) to draw up a strategic plan for a five year period, duly id entifying the
objectives of policing sought to be achieved during the period and setting
out an action plan for their implementation;
(g) to prepare training policy for police officers of different ranks and
categories; and
(h) to perform such other functi ons as specified by the State Government from
time to time.
27. Annual report of the Commission. - (1) The Commission shall, at the end of
each year, present to the State Government a report of its work during the
preceding year as well as of the performance of the Police Force.
(2) The State Government shall cause the annual report to be laid before the
House of the State Legislature in the Budget Session.
28. Police Establishment Board. - (1) The State Government shall constitute a
Police Establishment Board (hereinafter referred to as the "Board") with the
Director General of Police as its Chairman and four police officers not below
the rank of Inspector General of Police as its members.
(2) The Board shall perform the following functions:-
(a) recruitment of Constables in accordance with the relevant service rules;
(b) promotion in the subordinate ranks in accordance with relevant service
rules;
(c) prescribe guidelines for transfer of subordinate ranks with the approval of
the State Government;
(d) tra nsfer of subordinate ranks from one range to another and transfer of
police officers in the rank of Deputy Superintendent of Police;
(e) prepare proposal for transfer of police officers in the rank of Additional
Superintendent of Police and submit the same to the State Government; and
(f) analyze the grievances of police personnel and suggest remedial measures to
the State Government.
(3) For recruitment of constables and for promotion in the subordinate ranks,
the Board may appoint one or more Committees h eaded by an officer not
below the rank of Inspector General of Police.
(4) The Police Establishment Board shall follow such rules with regard to its
meetings, quorum and transaction of business as may be made by the State
Government.
CHAPTER-V
Functions, Duties and Responsibilities of Police Officers
29. Functions, Duties and responsibilities of police officers. - (1) The following
shall be the functions, duties and responsibilities of a police officer:-
(a) to enforce the law, and to protect life, liberty , property, rights, dignity and
human rights of the people;
(b) to prevent crime and public nuisance;
(c) to maintain public order;
(d) to preserve internal security, prevent and control terrorist activities, and to
prevent breach of public peace;
(e) to protect public property;
(f) to detect offences and bring the offenders to justice;
(g) to apprehend persons whom he is legally authorised to apprehend and for
whose apprehension sufficient grounds exist;
(h) to help people in situations arising out of natural or man-made disasters, and
to assist other agencies in relief measures;
(i) to facilitate orderly movement of people and vehicles, and to control and
regulate traffic;
(j) together intelligence relating to matters affecting public peace and crime;
(k) to provide security to public authorities in discharging their functions and
duties; and
(l) to perform such duties and discharge such responsibilities as may be
enjoined upon him by law or by an authority empowered to issue such
directions under any law.
(2) The State Government, or an authority specially empowered in this behalf
by the State Government, may assign such other duties and responsibilities
to police officers as may be specified by the State Government.
30. Social responsibilities of the police officers. - 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, children and members
of weaker sections of society ;
(b) guide and assist members of the public, particularly senior citizens, women,
children, and the physically or mentally challenged individuals, who are
found in helpless condition on the streets or other public places;
(c) provide requisite assistance to victims of crime and of road accidents;
(d) prevent harassment of senior citizens, women and children in public places
and public transport including stalking, making objectionable gestures,
signs, remarks or harassment caused in any way;
(d) render lawful assistance to the members o f the public, particularly women,
children, and members of the weaker section of the society.
Explanation. - "senior citizen" means a persons of and above the age of sixty
five years.
31. Recording of information in cognizable cases. - (1) The officer in-charge of a
police Station shall promptly received and record every information relating to
the commission of a cognizable offence in accordance with the provisions of
the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974).
(2) Where any person sends or gives information to the District Superintendent
of police of the facts, which prima facie constitute a cognizable offence, and
alleges that the officer in-charge of the Police Station having jurisdiction has
refused to record the informati on, the District Superintendent of Police shall
immediately proceed to take or cause to be taken disciplinary action as per
rules against the officer in-charge of the Police Station.
(3) Any punishment award in the said disciplinary proceedings shall be
recorded in the service record of the concerned officer and shall be
considered always when his efficiency and performance is required to be
adjudged.
32. Senior police officer performing duties of a subordinate police officer. - A
senior police officer may perform any duty assigned by law or by a lawful order
to any other subordinate to him, and in case of any duty imposed on such
subordinate, a superior officer may aid, supplement, supersede, or prevent any
action of such subordinate by his own action or th at of any person lawfully
acting under his command or authority, whenever the same shall appear
necessary or expedient for giving more complete or convenient effect to the law
or for avoiding any infringement thereof.
33. Police officer always on duty. - Every police officer shall be considered to be
always on duty for all purposes of this Act.
34. Police officers may be deployed in any part of the State. - Every police
officer may, at any time, be deployed as a police officer in any part of the State.
35. Police officers not to engage in other employment. - No police officer shall
engage in an employment or office whatsoever, other than his duties under this
Act, unless expressly permitted to do so in writing by the State Government.
36. Police officers bot to withdraw from duty. - No police officer shall be at
liberty to withdraw himself from duties of his office unless expressly allowed to
do so by an officer authorised to grant such permission.
37. Police officers may lay information before a Magistrate. - It shall be lawful
for any police officer to lay any information before a Magistrate having
jurisdiction, and to apply for a summon, warrant, search warrant or such other
legal process as may, by law, be issued against any person committing an
offence.
38. Police officers to take charge of unclaimed property. - (1) It shall be the
duty of every police officer to take charge of unclaimed property, and to furnish
an inventory thereof to the Police Station having jurisdiction.
(2) The manner of disposal of such property shall be such as may be prescribed.
Explanation: - For the purposes of this section "property" shall mean any
movable property, property money or valuable security.
39. Police officers to keep diary. - It shall be the duty of every officer in-charge
of a police station or an outpost to keep a general diary in such form and
manner as may be prescribed.
40. The State Government may prescribe form of returns. - (1) The State
Government may prescribe the forms and the manner of returns to be sub mitted
to it by the Director General of Police.
(2) The Director General of Police may specify the forms and manner of returns
to be furnished to him by other police officers.
41. Uniforms, insignia, accouterments, etc. - (1) The State Government may
prescribe uniform, insignia and accouterments for police officers or as the case
may be, a class of police officers.
(2) The Director General of Police may, from time to time, issue directions for
wearing of uniforms and carrying of insignia and accouterments.
CHAPTER-VI
Special Provisions for Policing
42. Crime Investigation Units. - (1) The State Government may, by general or
special order, create in each such Police Station, as it may decide from time to
time, a separate Crime investigation Unit, headed by an officer not below the
rank of Sub-Inspector of Police:
Provided that such crime investigation unit in a metropolitan area shall be
established by the State Government within a period not exceeding five
years from the notification of a metropolitan area.
(2) The State Government may, by general or special order, create in office of
the Director General of Police or in any police district, one or more Special
Crime Investigation Units headed by an officer not below the rank of
Inspector of Police, for inve stigation of cyber crimes, organised crimes and
such other offences as may be specified by the Director General of Police by
general or special order.
(3) The police officers posted to such units shall not be assigned to any other
duty, except under very s pecial circumstances with the permission of the
Director General of Police.
43. Power to reserve public places and raise barriers. - Subject to such checks
and restrictions as may be specified by the District Magistrate-
(a) The District Superintendent of Police may temporarily reserve, by public
notice, any street or other public place for any public purpose, and regulate
the movement of persons and vehicles in the area so reserved; and
(b) The District Superintendent of Police may, in the interest of gene ral public,
authorise any police officer to raise barriers and other necessary structures
on public roads and streets for maintenance of public order or to check
vehicles or occupants thereof for prevention or detection of any crime.
44. Preservation of or der. - (1) Subject to such checks and restrictions as may be
specified by the District Magistrate, the District Superintendent of Police or any
police officer authorised by him for this purpose, may issue general or special
orders for regulating all assemb lies and processions on public roads, or in
public streets or thoroughfares and prescribe the routes by which, and the times
at which, such processions may pass:
Provided that where the District Superintendent of Police or the officer
authorized by him is satisfied that it is intended by any persons or class of
persons to convene or collect an assembly in any such road, street or
thoroughfare, or to form a procession which would, if uncontrolled, be likely to
cause a breach of the peace, he may direct such persons or class of persons to
seek permission from the District Magistrate or any officer authorised by him
for this purpose.
(2) the District Magistrate or the officer authorised by him may grant the
requisite permission with such conditions as he may deem appropriate:
Provided that he may refuse to grant permission to convene or collect an
assembly in any such road, street or thoroughfare, or form a procession
which would, in his opinion, be likely to cause a breach of the peace.
(3) Any police officer on whom the responsibility to regulate a public assembly
or a procession is enjoined upon, may stop any procession which does not
possess the permission referred to in sub-section (2) or which, in his opinion,
violates the conditions of the permission, and may order any such procession
or any such assembly to disperse.
(4) Any procession or assembly which neglects or refuses to obey any order
given under the last preceding sub -section, shall be deemed to be an
unlawful assembly.
(5) The District Superintende nt of Police may, in the interest of general public,
issue orders for regulating the entry or exit or hours of operation of a public
place.
45. Power to seek information. - The District Superintendent of Police may, by
an order, require every owner of a household, a shop, or a public premise, to
furnish details of a tenant or domestic help in the format specified by him for
this purpose.
46. Payment for police service. - The State Government may levy from any
person, who carries on any such occupation, gathering, exhibition, sale,
entertainment, etc., for monetary gain, as may, for the purpose of public
security or for the maintenance of public peace or order, require deplo yment of
additional police force, such user charges as may be prescribed.
47. Regulation of Traffic. - The District Superintendent of Police or any officer
specially authorized by the State Government for management of traffic in any
area may, from time to time, issue directions for regulating the use of public
roads and streets in respect of motorists, cyclists, pedestrians and persons
accompanying animals, and for regulating the parking of vehicles including
bicycles, with a view to ensure smooth and orderly movement of traffic
48. Enlistment of village guards in rural areas. - (1) The District Superintendent
of Police may, in the manner prescribed, enlist a person to function as a village
guard for a village or group of villages in a Police District under his charge.
(2) Able -bodied persons not below the age of 401 year and above the age of
fifty-five years at the time of such enlistment and residing in a village, or in
the case of a group of villages in a village of that group, may be enlisted as
village guards.
(3)2 The District Superintendent of Police shall observe the following order of
preference in the process of enlistment, namely:-
(a) Ex -Serviceman/ retired paramilitary personnel from Central or State
paramilitary force;
(b) Home guard volunteer;
(c) any other local resident of the village possessing minimum educational
qualification of having passed Class Eight.
(4) A person shall not be enlisted as a village guard, if-
(a) he has been convicted for an offence involving moral turpitude;
(b) a criminal case has been registered and is pending against him;
(c) he is member of a political party or its affiliate; or
(d) he does not possess such educational qualifications as may be prescribed.
49. Tenure of village guards. - A person enlisted as a vill age guard will have a
tenure of two3 years. The tenure shall not be extended or renewed:
Provided that a village guard shall be summarily4 removed from the assignment
at any time during the currency of his enlistment, if he incurs any of the
ineligibilities specified in sub-section (4) of section 48 or found negligent in
discharge of his duties and responsibilities as village guard.
50. Duties and responsibilities of village guards. - The duties and responsibilities
of a village guard shall include:-
(a) reporting the occurrence of any crime or law and order situation in the
village, at the earliest, to the police station and assisting the police in
bringing the offenders to book;
(b) maintaining a general vigil in the village from the point of view of crime
prevention or prevention of a law and order problem, and promptly
informing the police station about the same;
1 Expression "30 years" Substituted by "40 years" by notification dated 06-07-2020
2 Existing sub-section (3) Substituted by notification dated 06-07-2020
3 Substituted "three years" by expression "two years" by notification dated 06-07-2020
4 Expression "summarily" inserted by notification dated 06-07-2020
(c) remaining alert and sensitive to any information about any suspicious
activity, movement of suspicious persons or developmen t of any conspiracy
in the village, that is likely to lead to a crime or breach of law and order, and
promptly passing on such information to the police station;
(d) assist a private person authorized to arrest a person under section 43 of the
Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974), in arresting
such person and handing over him to a police officer, or as the case may be,
in taking him to the nearest Police Station, alongwith any arms, ammunition,
property or any other object found in h is possession or on his person:
Provided that if the offender is a woman, a male village guard shall be
accompanied by a woman;
(e) securing and preserving the scene of any crime till the arrival of the police,
duly ensuring that it is not disturbed by curious onlookers or anyone else;
(f) meeting the Officer in -charge of the Police Station at a minimum frequency
as prescribed by the Superintendent of Police through a general or special
order, to report on such activities and incidents in the village as wou ld have
a bearing on crime, law and order or other policing concerns;
(g) maintaining the prescribed records and registers;
(h) recording any public grievances or complaints in the relation to policing;
(i) liaising with the village Panchayat on matters relating to crime and law and
order in the village;
(j)5 assisting police in patrolling; and
(k) 6 discharging such other duties as may be assigned by the Dist rict
Superintendent of Police.
51. Training of village guards. - The Superintendent of Police shall ensure that
every person, on his induction as a village guard, is administered such training
course and for such period as may be determined by the Director General of
Police.
52. Oath or affirmation by village guards. - Every person enlisted as a vi llage
guard shall take an oath or affirmation, as may be prescribed, before the officer-
in-charge of the police station concerned.
53. Village guard to be an honorary worker. - (1) A village guard shall be an
honorary worker and shall be deemed to be a Public Servant within the meaning
of the Section 21 of the Indian PeExcerpt shown. Open the full act in Lexace.