The SIKKIM POLICE ACT,2008

GOVERNMENT
SIKKIM
EXTBAOBDINARY
PUBLISHED BY AUTHORITY
GAZETTE
Gangtok Monday 4rh Auqust, 2008 No.331
Date:30.07"2008
GOVEffNMENT OF SIKKIM
LAW DEPARTMENT
GANGTOK
No:15/LD/P/200a
NOTIFICATION
The following Acr ofthe sikkim Legislative Assembly having received the assent ofthe Governoron 28lh day of
June,2008 is hereby published for generat informatjoni
TIIE SIKKIM POLICE ACT, 2OO8
(act No. 15 of 2008)
AN
ACT
lo make provision for the iaw relating to ihe establishmeni and managen ent of the police organization and its
funclions.
Ee it enacted by the Legislature of sikkim rn the Ffty"ninth year of the Hepubric ot rndra as iolowsi -
CHAPTEB I
Preliminary: Definitlons and Ihterpretations
Short title, extent 1. (1) This Act may be called the Sikkim police Act, 2008.
and commencemenl (2) lt extends to the whole of Slkkim.
(3) lt shall come into force on such date as the State Govemment may by notification
in the Of.ficial Gazette appolnt.
Eefinitions 2. \1) ln this Aci, unless the contoxt otheMise requkes.-
(a) ,Aci,,means the Sikkim police Act, 2OOB;
(b),catfle,'means and includes cows, butfalos, elephants, camels, horses,
, asses, mules, sheep, goats and swine;
(c) .corelunctions,meansduties relatedtosovereigniunctionsof theState
including arrest, search, serzure, cr me lnvestig;lion, ctowd conttoland
allied tunctions that can onjy be performed byihe police as lhe agency
o, the State
(d).Group C,posls,'rneans the posts so calegorized underthe relevant
Slate Serv'ce RLtes:
(e)
(s)
(t
(i)
o
"Headouarters Company"means a unil performing aon'i'islrarive
and other suppod fLrnclions ot a State A'med Police Battalion;
'insuroencv includes waqlngofarrred siruggle bya g'oup ora sectior
of;op"ulalion aga nst theSlalewilh apolitica or olhe' objecrve includ;19
the separalion of a parl trom lhe territory of lndrai
"iniernal security"mears preservalionof sovereigntyand integrityoi
lhe State from disruptive and anti-natjonalforces;
"Maoistrale" means, unlessthe conlext otherwise requires, an Executive
t!,,lae;strate appointed under Section 20 of the Code of C'iminal Procedure'
1gfu andin;iudes aperson exercising powers of Sub-Divisjonal
I\,4agis1rate o' District Magistrate:
"militant activities" include any violent aciivity of a group using
exDlosivos. inflammable subs16nces, iirearms o'olher lelhal weapons
or'hazardous stlostarce 'n ordsl lo acF:eve;ls polil;calor olher
objectlves;
"non-core police functions" means such iunctions which are not core
funciions as definedi
'oroanized crime''inc'udes anycdme comm'tled by a group or neworL
o'iersons'n pursuarce ol ls common intentions oi unlawfulgain by
using violent means or threat ofviolence;
I I -olace ol oub);c amusemenl and public enlenain'nenf includes such
' 
olaces as mav be not:'ieo Dy the Slale Governmenl' and ' 
case no
such place is nol'ieo,Ihen any place liable for payme_t of arrusemenl/
entefiainmenttax to ihe Slate Government
rm) "Police D,stricl means such area as may be oeclared lo be a Police
Dislricl by lhe Stale Govemmenl by notlication underSedion BotlhisAcri
(n) "Police Office/' means any member of the Police Service of the State;
(o) "prescribed" means prescribed underlhis Acti
(p) "public place" means any place lo which the publlc have access and
include:
(i) a public building and monumenl and precincts thereot;
(ii) any place accessible to the public for drawing water, washing or
bathing orforpurposesof recreation; and
(iii) such olher places as may be notified by the Stale Goverflment;
(q) "regulations" mean rogulaiions made under this Act;
(4'rules'' mean -ules made undelthis Acl:
(s) "service Companies" means unils ol Stale Armed Police Battalions
and District Aimed Reserve which are deployed forlaw and orderand
other duties in supporl of civil police;
(t) "Service" means the Police Service consliiuted under this Act;
{u) "State" means the State of Sikkim;
(v) "State Government" means the Governmeni of Sikkim;
(w) "slalion House Officef' means the Officer in-chargo of Police Statlon'
of and abovethe rank ot Sub_lnspeciorof Police:
(k)
(x) 'Subordinati, ranlC means all ranks below the rank of Assistant or Deputy
Supe.intendent of Police;
(y) lenorist activM includos any activity of a pe.son o. a group using
explosives or inUammable substances or firearms or other lethal weapons
oa noxious gases or other chemicals or any other subsiance of a
hazadoLrs nature with the aim to strike terror in the society orany
section lhereof, andwith an intent to overa\,vo the Government
established bY law.
(2) Words and expressions used in this Act but not deflned specifically shall
' 'have the same meaning as provjded in the General Clalses Acl 1897, the
Code of Criminal Procedure '1973, and the hdian PenalCode, 1860'
One PoliceService
tortheState
Constitution and
composltion ol the
Police Service
3.
CHAPTER II
Constllution and Organization ofthe Polico Servlce
There shall be one Police Service forthe State, called lhe Sikkim Police'
Members of the Police Service shall be liable lor posling to any branch of
the SeNice, including the Armed Police or any of its specialized wings
Subject to the provisions ol lhis Act-
The Polico Service shallconsistof such number of Police officers, including
members of lhq lndian Police SeNice and ihc siale Police Service as the
State Government mav by qeneral or special orders determine kom lime to
lime.
The direct recruitments to Group'C'posls in the Police Service shall be
madethrough a Police Recruitmenl Commiftee by atransparent process as
per rules frarned by the Siate Governmeni-
The recrultmentto the.ank ol Deputy Superintendent of Police shall be
maoe tf.ougl' lhe state public service cornission.
The composiuon of lhe Police Service shall, as far as possible, refleci
adequate representalion olal seclions oi society, including gender
representation.
The pay, al{owances, service and working conditions of Police officers shall
be as prescribed by rules lrom time to time, These shall always be
commensurate willl the arduous nature of lheirduties
Pol,ce oiJicers shall al ailtimes remain accountable to the law and rcsponsive
lothe laMulneedsofthe people, and shallobserue codes of elhical conduct
and integrity as Prescr bed.
Forthe overall direction and supervision ol the Police Sewice,lhe State
Government shallappoinl a Djrector General of Police who shall exercise
such powers, periorrn such lunclions and duties, and have such
responsibililies and such authority, as may be prescribed.
The posl of Director General ol Police shall be the senior'most position in
lhe hierarchy ofthe Police Service ofthe Siate and no ofiicerseniorio the
incumbont Director General of Police shallbe posted to any posilion within
the State police Sewice.
The Stale Government may appolnt ore or more Additional Direclors General
of Police, and as many lnspectors General of Police, Depuly lnspectors
Generalof Police and Assistant (nspectors Generat of Paliae as necessary'
The State Governmeni rnay, by a generalor special order in consultaiion
with the Director General of Police, direct in whatmannerand lowhatextent
an Additional Director General ol Police or an lnspector Generalol Police or
a Deputy or Assistant lnsPector General of Police shall assist and aid the
Director General of Police in the pe,Jormance, exercise and discharge of
his functions, powers, duties, responsibiliues and aulhorlty.
Subjeci to such general or special order ot the Stale Government, the Director
General of Police may trom time to tirne assign specific duties and
responsibllit;es lo an Additional Director General of Police or an lnspeclor
Generalof Police ora Deputy or Assistanl lnspeclor Generalof Police bya
general orspecial standing order.
4.
(1)
(4)
(6)
5. (1)
(2)
(s)
(5)
Appointment of Dlrector
General of Polic6, etc.
\2\
(3)
(4)
(5)
Seleciion and team ot
office or lhe Oirector
ceneralol Police
6. (1) The State Government shallappointlhe Director General of Poiice Jrom
amongstotficers ofthe lndian Police Setuiceinthe State Cadre empanelled
forlhe postand rccommended by a three member screening committee
heade; bythe Chief Secretary constituted torthe purpose. The screening
Commiitee shall prepare a panelof at leastthree suitable persons' Except
in the case where lhe vacancy is unanticipated, the Screening Commjltee
shall make its recomrnendation before the vacancy arises:
Provided thal it case the Screening Commitiee comesto the conclusion,
for reason to be recorded in wriiing, thal lhere being no sujtable incumbent
available in the Stale Cadre, it may assessthe su itability of empanelled lndian
Police Service officers of other Stale Cadres subject to their wi'lingness and
concu rrence ol tho central G overnmenl.
(2) The Screening Commitlee may devics its own procedure and shal consider
ihe names ot all empanelled otficers of ihe lndia. Police SeNice in the
Slale Cadre and shall make its assessment on lhe basis ot
(a) the perlormance appraisal reporls;
(b) the rangeof experience relevantto professional police work including
experienceoiworkinCentral PoJice Organizationsi
(c) clean record ot service in terms of indictment ofthe oflicer in any criminal
ordisciplinary proceoding or on the grounds ol corruption or moral
turpilude; and
(d) due weighiage being assigned to award oi medals for Gallantry,
Distinguished and [4eritorious services:
Provided thal where the Committee finds that no suitable lndian Police
Service Oflicer is avallable in the Stale Cadre it shall make its assessment
with regard to lndian Police SeNice otficers oi other Stales Cadres, in
accordance with the proviso lo sub-section (1).
(3) The Director General ol Polico shall have a minirnum tenure of two years
subjectto his normaldate of superannuationi
Provided lhattho Direcior Genemlol Police may be removed from the
post belore the expjry of hls tenure by the State Government through a
written orderspecifying reasons consequent upon: -
(a) framing of charges in a criminal case by a court of law; or
(b) issue ofcharge sheet underthe prov,sion of Alllndia Services (Discipllne
and Appeal) Rules orany otherrelevant r!16s;or
(c) suspension irom service : or
(d) incapacitation by physical or mental illness or otherwise becoming
unable to discharge hislunciions as Director General ol Policeior
(e) administrative exigencies, in largor public interest; or
(0 promotion to a higher post under either the State or the Central
Government:
Provided iurtherthatthe otficer may be allowed bythe State Governmenl
to relinquish charge of ihe post onr- (i) appointment lo a posl underlhe Central
Government or an lnternational Oaganizaiion subjecl to such oflicer having
given his consentto such a posting or (ii) resignation orvoluntary reiirement
Creation of Police
Ranges and Police zones
7.
8.
The State Govemment, in consultalion with the Director General ol Police,
may, ifrequired in publicinterest, bynotification dividethe entire geograph ical
area ol the State inlo one or more Police Ranges, and two or more Police
Banges into Police Zones. Each Flange shall be headed by an officer ol the
rank oi Depuly lnsPeclor General ol Polics who shail supewise the Police
adminislration of the Bange and reporl directly to the lnspector General ol
Police in charge of Law and Order, or on crealion oi Police Zones, to lhe
lnspecior General o{ Police in charoe ot the Zone comprising his Range, who
shall supervise th e Police adminisltaiion over allRanges under hirn and report
to th6 Dir€ctor General of Police through lhe Additional Director General ol
Police, Law andPrder, il appointed.
The State Government, in consultation with the Director General of Police,
may by notification declare any area within lhe state lo be a Pollce Dislrici.
The administration of the Polico throughout such districl shall vest in the
Superintendent of Police who may be assisted by as many Additional,
Assistanl or Deputy Superinlendents of Police, as deemed necessary and
arenotified.
(1) Forlhe purpose ol dealing with a parilcular category of crime or providing
beller service to the community at large including victims of crime, the
Siate Goveroment may, in consultation with the Director Generalof Police
and by notification, create one ormore SpecialCells in each Police Dislrict
to be headed by an oflicer ol the rank of AssistanvDeputy Superintendent
of Police.
(2) The State Government may, by notiiication, divide each Police Districl into
as many S!b-Divis ons as deemed necessary, to be headed by an otficer
ollhe rank ol AssistanvDeputy Superintendenl oi Police.
DistrictlevelSpeclal 9.
cells, Sub-Dlvisions
Police Dlstricls
Police Stations 10.(1) The Slaie Governmenl may, in consultation withlhe Director Generalof
Police and by notification, create as many Police Stalions with as many
Outposls as necessary in a Police Districl, d!lykeeping in viewthe population,
the area, the crime situation, the work oad in terms oi law and order, and the
disiances to be lraverced by lhe inhabiiants to reach the Po ice Stalions.
(2) A Police Slation shall be headed by a Station House Ofiicer not beiow the
rank of Sub-lnspector of Police.
(3) The Slale Governmeni shall ensure availability of adequate shenglh oi slatf
at each Polico Slation, duly basod on the populalion, incidence of crinre,
lawand order-relaled workload, and lhe geographical area.
(4) The State Governme.t shall provide, as early as possible, each Police
Station wilh all essential amenities inc uding a reception-cum-visitors' room,
separate loilels for men and women, and lo deal with the tasks relating to
administration of special legislations relaling towomen and chlldren.
(5) Each Potice Station shall have a Woman and Child Proteclion Desk, staifed
as far as possible by women Police personnel, to record complaints ol
crimes against women and children and io deaiwith the tasks relating lo
administration ol special legislalions relating to women and children.
(6) Each Police Slalion shall prominently display all the relevant information
required to be made public, includingthe Supreme Courtguidelines and
directions, as also departmental orders on arrests, and the details regarding
the persons afiesied and held in lock-ups.
(4 Each Police Station shall maintain a general diary in 6uch ,orm as the Stale
Govemment mayprescribe, wherein shallbe recorded alllhe complainls
and charges received, aclion laken lhereon, names and padculars of peFons
6
Term ofoffice of key
Police functlonaries
Co-ordihallon in the
mallers of overriding
publlc lmponance
arrested,lh€ offences charged againstthem and the p roperty laken frorn their
possession.
11. An ollicer posted as Stat;on House Officer in a Police Staiion or as
Superintendent of Police ofa District shallhave a minimum term ol two years:
Provlded lhat any such oflicer may be removed from his post before
the explry ol the minlmum tenure of two years consequent upon_
(a) filing of charge sheet in a criminal case in a Court of law; or
(b) issue ol charge sheet tor major penalty under lhe relevant disciplinary
rulestor
(c) suspensionfrom service in accordance with the provision ofthe relevant
disciplinary rules;or
(d) reversion lo a lower post Jor adrn inlskalive reasons;or
. (e) incapacitation by physical or mental illness or otherwise becoming
unable to discharge his functions and dLlliesl or
(0 administrative exigencies, in larger public interest
12. (1) Distrlct Magislrates within thelr iu risdicllon shal function as nodaland
coordinating authorities on behallofthe State Governrnent and provide
leadership in the lirne of crisls likely to atfect lhe public peace.
(2) ln orderthatthese funclionaries are able lo discharge these luncllons
effectivoly in matters of overriding public imporlance, the Districi
S u perintend eni of Police shallkeep the District lrlagistrate fuly intormed on
allthe malters in lhe dislrict relaling lo lhe state of law and orderand potenlial
fordisturbance oiihe public peaceand shallpromplly cons!1t him on all
matiers oi overrid ng public importance relat ng to the Police.
(3) The Sub-Dlvisional Pollce Officer shall keep the Sub-Divisional Magislrate
or the Execuiive Maglstrate, as the case may be, iully informed on a I the
mailers in the Sub-Division orother local ju risdiction reiating to theslateof
law and order and polentia fordisturbance of the public peace and shall
promptlyconsull him on allmatters ol overrlding public importance relating
to the Police.
13. (1) For the purpose ol eiiiciency in the general administration of the d strict,
il shall be lawful for the Districl Magisirate, in addilion lo the provisions oi
the Code of Criminals Procedure, 1973 and other relevantActs forthoume
being in lorce, to issue directions to the Police of ihe Diskict in respecl of
ttse mat(ers 'elal,ng to the fo lowing:-
(a) the promotion ol land reforms and the settlement of land dispules
including ro moval ol encroachments on Governmenlland, common lands
and forest lands:
(b) nraners related to ihe projects of State level importance partlcuLarly in
'elat on to power. noJstry and loLr:srr:
(c) extensivedisiurbanceof the public peace andtranquillly jnlhedistrict;
(d) theconduct of elections 10 any pub;c bodyor holding of anyluncl on or
eveni o{ public importance;
(e) the handling of naturalor man-made disasters ormalor accrdents and
rehabililation o{ ihe persons atfecled thereby;
(f) siiuations arising outof any externalaggression, threatlo inlemal
securlty, riol, industrial or other strike elc;
,|
General Administration
State lntelligenceand
Crimlnal lnvestigallon
Deparlmenls
Technicaland
SupportServices
(g) matter related 10 prolection of women, weaker sections and minorities;
(h) rerroval of anv pelsisleni oubJic gri€vancei
lil anv matter oot within the purview of aay one depa(ment ano-aflecl ng
' th; oeneral welfa'e ol lhe peoplo ofthedistricl' oradsing oul ol aju0lc'aj
pii,i*nl"r"nt n""""tit;ting the Distr ci N'lagislrate louse rhe services
oflhe Police;and
0 such other matlers as lhe Siate Governrnent may assign from time lo
time in PUblic interesl
r2r lishallbe lar,!'tLLforthe D'slict Magistrale to call lor informalior orassisla'ce
oi" o"n"ru, o, 
"p"cial 
naldre f'om lhe Pol:ce witn resped to the matlers.
IpJ"l'"0 n 
"io-!""io" 
(1). ano rhe SLoe/:ntend9."' I P-9]::.1?1.::::i:L
such inlorr'laiion a1d all '1ecessary assisla^ce to the Dislricl l\'1ag'strale 'or
the Pulpose.
/31 Suoeri^lendenl ol Police may ,,1 order to provide Police service in respecl
of natlers specifieo urder sub'sect'on (1)' reter a matter lo lhe ulslrcl
Maoislrale lo issue direcl:ons to all o'any ot the deoa(menis in lhe drsirlct
lof;cil;tate such assistance as may be recessary' ard lhe Districl lvagislrate
riailssue appropriate oirections, which shailbe complied wiih byihe district
he;d of lhe department concerned without demur or delay
14.{11 The Stale Police Service shall have a Slaie lnlellige^ce Departrenl
'- " roi""r'""iio", "ollat;o'r' 
anarysjs and oisser,inal'on ol inlel'igence' and a
Ciitln"ifnr""tig"tio. oepartmenllor i'vesligating interstale inter'district
crimes and othe-r speciiied offences, in accordance with the provisions 0l
this Act.
,2, ih" Stut" Gou"ateni sharl appoinl a Police ot{ice'ol or above the rank of
De;uty lnspector Ge.e-al of Police lo head each ol lhe afo'esaid
departmenls
r3l The Crininal Invesngal;on Departn ent s nall have speciali?ed w:ngsto deal
'-' witn dltte'ent typesJl crir]e requiring loc.sed attertion orspecja expert'se
fo' irvestigali;n Each ormore lhan one ofIhese wings shailbe headed by
an olficer;ot below the rank o, Superintendent ol Police'
(4) The State lntelligence Deparlment sharl have speclalzedwings lodealw\h
" .nu iooro:n"t"ip"cial:zedtaskssLch as measures lorcounte-lerlorsm'
counter militancy and VIP Security.
15) The State Gover"nenl shai appoil"t appropriate number of ot{ice_s lrom
different ranks to seNe in the C minal Investigat'on Deparlnenl and the
iiaio lntettigence oepa,tment, as deemed approp ate with due fegard to
ihe volume and variety oI tasks to be handled
15. (1) The Stale Government shall create and maintain such ancillary technical'- ' ' aiencies and seNices, under the overall conkol of the Dir€ctor General of
P;lice, as considered necessary o. expedient for promoling etficiency ot
the Police Service.
(21 The services so crealed shal include a full'lledged Forenslc Scrence
' ' Gtoratory at tr,e siale_level and as many number ot Mobile F-o'ensic science
Units as necessaryw;lh appropriale equipmenl and scient:fic manpower' ln
keepingwit" lne gridelines laid oown by lhe Directorale o'Fo'ensic Science
or the 6urea.r oi Folice Researcl'and Doveloprnenl oitne Governmenl ol
lndia.
PoliceTraining Centre
(3) The State Government sha appojnl an officer nol below the rank ot
Superintendent of Police as in-charge o, pollce Telecommunications, and
as many Addiiional Sup6rintendents of potice and Depoty Superintendents
of Police as deemed necessary to assi6t him.
(4) The State Governmeni shall similarly appoint an officer not below lhe rank
of Superintendent of Policeas in-charge of Police Transport, which may be
locafed lnderthe Staie Beserve Lines, and as manyAdditional
Superintendonls of Police and Deputy Superjntendents of Police as deemed
necessary to assist i'lim.
(5) The State Governmeni shall ensure regular maintenance ol all th6 needed
equipment and regular aeplenishment of oonsumables forthe Police
Telecommunications and the Police Transport Service.
(6) The State Government shall also kame .ecruitment and promotion rules
specifying interalia the tochnical qualilications and experience required to
man posts up to a certain level in the said two establishments.
(7) ln case s€rvices of other technical experls orspecialists are necessaryfor
the investjgation ol a case or enqulry, or handling of a serious law & order
situation, the State Govemment maytemporarily appoinl or place the seMces
ol such expert orspecialist at the disposal.of the concernod departmenl or
branch head ofthe Police for a period as may be deomed appropriate.
(8) Respective in-charge of Fire Services in tho Slate and distrjcts shall provide
all necessary assistance to the Police as may be required by the Direclor
Generalof Police, lnspector General of Police (Law and Order), Deputy
lnspector General ol Police (Range), Diskict Magistrate and Dislrict
Superintendent of Police forlhe handling of Law and Orderoranyother
emergeocy situation.
16.(1) The State Government shall establish a full-fledged PoliceTrainlng
Cenke lor ensuring officient post"induction kaining ot all directly-recruited
Policepersonnel uptotherankof Sub- iospeclor, pre-prornotionstraining
for allthose promoled to higher levels and such ihematic and specialized
in-seruicetraining coulses tor Police officers of different ranks and categories
as deemed necessary from time to ttme.
(2) The Siate Government shall appoint an oflicer not below the rank oi
Superinlendeni ol Police asthe Princlpalofthe Police Training Contre.
(3) The State Governmeni shall also appoinr appropriate number of officers
from the Police Service in the Police Training Centre who may be given
addilional monetary and otherincentives sothatthe best available talent in
the Police Service is altracted and retained In the faculty of the Centre.
(4) The State shall also ensure that persons with academic accomplishments
in the fields ol Law, Sociology, Psychology, C minotogy, Forensic Science
and other academic subjects relevant to Police profossion regularly vi6it
the PoliceTraining Cenlrefor imparting knowledge tothetrainees in their
respective fields, and rorwhich they may be paid suitable remuneration.
-17. The Siate Government may set !p a body or bodies within or outside
the Police Service in such manner as may be expedlent for undedaking
surveyandsludiesinprovidingadviceand guidancetothe DkeclorGeneral
of Police and ihe State Governmeol on matteG relating to the policiog or
the etficiency oi the Police SeNice.
Researchand
Development
Oath oraffirmatlon bY
Police Officers
Certitlcateol
appointment
Unitorm and badges
or r3nk
Special Pollce Otficers
18. Every member ol lhe Police Service enrolled under lhis Act shall on
appoinlment and completion oliraining, make and subscribe before an otficer
appointed in thal behalf bylhe Dkector Generalof Police an oath or
affkmation, in such form as may be prescribed'
19. (1) Every Police officer shall on appointment receive an insignia and a certificate
in the iorm as may be prescrlbed The certiiicate in respect of officers
below ihe rank of lnspector of Police shall be issued underthe sealof the
Director Generalol Police or such ofticer as he shall appoint, by vidue of
which the persan holding such certiticate shall be vested with the powers'
lunctions and privilegesol a Police Officer.
(2) The certificate oi appointment shallbecor.e nulland void, andthe insignia
shallbedeemed to be withdrawn, wheneverihe pe6on named lherein ceases
tor any reason, to be a Police Officer'
(3) A Police officer shall nol, by reason ol being suspended kom otfice, cease
' to be a Police Ofticer. During the lerm of such suspension lhe powers,
funclionsand privileges vested in him as a Police Officershallbe in abeyance,
but he shall continue to be subject to the same responsibilities, disc pline
and penalties and to the same authorilies as it he had not been suspended'
20.(l) The State Governmenl shall, by general or specialorder notified in lhe
Olficial Gazette, prescribe the uniform forlhe various ranks in tho Police,
the scale, monetary grants forp!rchase and maintenance and the protocol
with respect to duties and thewearing olthe uniform
(2) The Stale Govemment shall, by generalor special order nolified in ihe Otficial
Gazette, prescribe the badges of rank and other dislinctive badges that
may bewoan with the uniform.
(3) -fhe Direclor General of Police, subiect to such orders oi the Government,
may issue general stand in g orde rs in thls regard,
21,(1) When the Police force ordinarily employed in anyarea is notsutficientto
dealwith a situation threatening peace and security,lhe S uperinlendent ol
Police or any otficer, specially empowered in this behalf by the stale
Government, in-charge ofthal area may, at any t me by a written order
issued underthe hand and soalotsuch olficer, appoint tor a period as
specified inlhe appoidment order, any able-bodied and willing person between
the age oI 18 and 40 years, whom he considers fit, lo be a Special Police
Oflice. to assisl lr'e Police Service.
(2) Every Special Police Officerso appoinled shall-
(i) on appoinlment, undergo the prescribed training and thereafter receive
ace.tilicate in a torm approved by the State Government in this behaii;
and
10
Addilional Police
Ofricers
(ii) have the same powers, privileges and protection and be liable to perform
the same duties and responsibilities and be subject to the sameauthorilies
as an ordinary Police Officer'
22.(1) Subject io tho general or specialdirections ofthe State Government'the
Superintendent of Police may, in consultation with the Dislricl Magislrate'
appoint or depute addiliona, Police olficers comprising ofsuch ranks or
grades forthe purpose prescribed bythe State Government forsuch time
and on such pay as the authorily prescribed in thal behalf may determine'
(2) Every Additional Police Officer upon such appointment shall
(i) receive a cerlificate in a lorm approved by the State Governmeni in this
behalf;
. (ii) be vested with all or such of the powers, privileges, duties and
immunities o, a Police ofticer as are specially rnenlioned in lhe
cedilicateiand
(ii) be subiecl lothe orders of the Superintendent of Police
(3) The deploymenl or deputation of such Additional Police Officer may be
made al the request ot any person requiring such Police, and the cosl ol
such deployment shallbe recovered by the District Magistrate in such rnanner
provided in seclions 421 and 422 ofthe Code otCriminal Prccedure'1973
for recovery of fines, or by any other law for the time being in force' or by
suit ln any competent Court.
l1
CHAPTER III
Flecruitment 23 (1)
The Civll Police
r\e civir po ice sha, come.se ot:l :e.lY:lsec:tot#'ili31"""",111""*"
Ar;ed Pofce. and lhe slrenglh ol the varro-L' -iart-,ient 
ana brancf'es
lnvesr, garron Departme"t, St"t" tnt"l'J9".Y 
til"d-.,utoi"rn,."" r,o-
of the 6ivrl Police shall be as plescflDeo oy
time to iime.
Recnlment 10 rhe civir P''j"'11rr b.:l::"^"""J1"1::?:ii:JT,[[:i i:"i;:5'
bt rhe stato Gover-ment. Tne oiector uet E''' 
i."",lo ou 
"i-o_","0 
a
n;ovision ol this Act, shallcause an annuar
:iiJ;i;:ir;;;;;:;'ln tne civir Dor'ce required to be'rrred bv d recl
The Goverl^ne-t sha endeavor lo 'rlroduce a shlft system :n 1l_e Civ'l
o.i.iio "-rr" 
oropur.worl;ng hours co4sislent with eificie'rcy iT
pefiormance
'The D,reclor General ol oolce. with the approval ol Ihe Stale Goverlmenl
;;r1*;;;;;"; "" 
manv no'-core Porice runcr:o"s as p'acricable' to
i"iie t" l"iiio"'" to concenlrate on co'e pol;ce luncrions
rzl I he Station House Orlcer shal assign Jr'ork and contloland suoeNise
t'' inJ,:;";;;';;;i;; sta* oi the Porice starion and Porice Posrs rhis
charge
12)
t"cruJllilll 
tn"t t''" quota lor dlrect recru'itment" in ranks 10 which
diledlecruitmentisconducled,sha|lbesoJrxe'd.oythestaloGovernment
u" t p'o'"itiu'" i'itiJ"nce between the drtierent ranks and prospeclsfor
oror"*'I"'"iJ ""E;'"1"d 
;erilorious olficers at each level
' (3) Every Civil Police otflcer on inrtial recruitment shall !ndergo induction training
"t 'r,r" 
j"]ii,"i'"^"g c."tre' the perioo and syltablls of training shall be as
rn"v o""p'"J""i'L"o'"*n'ch may b;revised from time to time on the
recommendatrons ol the Director Genelal ot Polrce subjectto the general
directions of ihe State Police Board'
s..leofarms 24 rl^ea"namentoftnec:vilPo'icoshar'beif::Y'I]ffii":ft",]:[:::lil:
il;';;fi;;i'"" 9*:ll%T:"T:;"Ji,e"i:1""'['J::""1'"TSlJ.";s oioe's s'lart av oor"n
Drrectol Generar or,roruE'.:^::"'-:.,; ;; "^,J of arms a'n'nL'itron'
ihe procedures Io be lollowed ror cuslody a4d car
stock of material lor repair and rnainlenance' orthe manner in which damaged
andunseNiceab|eweaponsaletobedlsposedon,andprocedureincaseof
loss of any weapon or ammunition'
seruice conditions..- r.. ,,, :ffi,?J:i,::ffi;:flI;1,:""":[il:,1?:.',";1f:,1ffii1:8:J:;ff:]ol Primary HanKs or ur 
gh a lransparent process, tord:fferent _anKs.
Civil Police rrrrlul
(2) The promotion ot Civll PoLce oflicers shot'lld be linked with screenlng
*t*ii'"'""'"!'"iiii"i""ig' *-"" to ens"e i'igt'er levels ol professional
comPetence and accountability
(3) ln orderto provide a fast track for career progression to Police oiticers' at
'"*t'u'o 
ili"-#i*ii*ir"cruilment posts si'atl be eamarked for being
rirr"a il inll's';'p;"tion on trt" u"sit ot s"nioritv-cum-meril as perthe
laid down criteria-
(4)
(5)
26.0)Controlarid
Supervision
12
Conduct and DisciPline
Mounted Police
rDr The Sub Div:sio-al Polico Otlicer shall generally corlrol and s-pervise
the Police Slaliols u,1oer his charge, and issue such oilectiors as may
be necessary to better achleve the obiects of this Act'
tcl -"te D stricl SJpeIi"lende_l ol Police shal gelelally co-I'ol and.
'-' ."o"*i"l tn" *o,r, ol the SLb Oivisiora' ool'ce Ollrce's a1d Pol ce
ii.lrons "ro "o.." 'osts in Il'e dist'icl and issue s_ch di'ecl o's as
may be necessary to better achieve the obiects oi this Act'
rd, The Baoqe Deputy l_speclor General ol Policeano the rspecbrGeleral
'"' 
"i 
o"ii"]i i"'r-a orde- shall qerela l) co 11ro' and sJpe'vise.the wor\
of Ihe d:sLIicls ano t_e Bange lo oelle' achieve the objects or lre AcL
,et ForolherCiv; oolce urrts lhe Di'ecro'Generar of Poirce rra!. by special
'" ',J'"s o'0", prescrrDe the co'l'olll'lg ano supervisol aulhoril es'
12) SLbiecl to provisions o' Ihis Acl ard any rules made there urder lhe
'-' oio"totcJn"ru ol Por ce by gene'al oI soecial slaro:ng ordels "'lay
orescrioe from Ilre lo li'ne lhe lurclio'1s lhal 'eed lo be prelorreo Dy
in" ""iLrt 
i""^" "t c ,r Police :1 reraion 10 each dJly and 'esoorsrbi 'ty
r3l S-o ecl lo oereral or spec al slanoing oroers oi lhe Direclor General or
Polce, the;ont'oll;ng and s-perv'sing otl cer ol tre Po ce stal'on' Polrce
Sub D;v;sio^, ool,ce Disl'icl or olner Civil oolice 
"nit may by'neans or a'l
JiOui"o..rnl"ut"a in *riting, prescribethe iunctionsto be performed by
iaiious ranii ottre clvilPoli; r'l nder his control' who have been assigned
any specific duty or responsibility'
/rl Forlhe bettermaraqenent o' speciallzed duues and loltne prolessio'1al
' ' de;eio;menl ol lhe ;errbers or tne C'vil Pol'ce Ihe State Governnenl
i-"y "Jn"ritrt" "uat"" 
or sub_cadres within the Group 'c' posls and in the
State Police Service
27.{11 Everv Civ I Pol;ue O'i cer shal pe'{o'm 10 t']e besl of nis abilily l\e-' ' ' [""il"L t"qr'teo kom r'r'n in l;lalion Io any dJIv o- esoons b:'iry as5'gned
to hrm. subjecl lo lle o'ovisions of In:s Acl' rJles made lhere unde'.ano
ir," l"n"iuiot speci"r'"tanding o.ders oi the Direclor General oi Police
2l anv non'oerfornance oI def;c enc! r t"e slandard ol oedormalce sraLl
''' ..iL"inJjor;ce onrcer iable for d:sc'p'inary acl'on 'n accorda-ce \'!rh lhe
condJct and oiscip.inary rules prescrioeo by lhP Slate Gover"menl 'o- 
1ne
purpose.
28. r1) lnere mav De prov'oed lor l1e Slate, sJch n-rroer of Vou ed oolce as
mav be d;te"rined oy lhe Sla1e Governmenl llom tin'e lo t'me lor Ire
p.rpose oi patrols. crowo contlol and access 10 drtlicLll areas'
r2) Tne DirecloFGe'eral ol Po,ice sfall issue staoding orders w tr_ regaro to
'-' p;;;r.;;;;,. ;;""gemenl. rrarnrenarce and ua;n ng of the Mo-nred Porrce
13
(3)
(4)
include a realistic delerminalion of lhe quantum otforce required as also
the duraiion forwhich the deploymeni is required-
The deployment shall be made forafixed period, as speciiied in the order,
and unless the same is extended by 3 specific order, the force shall reluln
to its headquarters on the expiry ofthe initial Period.
ll shall be the duty of the Diskicl Superintendent of Police and the head of
the Armed Police Battalion sst-up in respect of the Battalion personnel, 10
ensure ihat thal personnel oi these armed unils are deployed in a manner
lhat ensureslheir regular and constani prepa.edness forthejrtasks, as
also a fair roJation of duly between the various sub_units ol the Armed
Police Baflalions ai lhe Slate Headquarlers and in the dislricts.
While ordering deploymentofany armed police un;i, due careshallalso bo
taken lo ensure as far as possible, thatthe personnelare able lotake dlJe
rest and also avail a weekly otf.
The armament of lhe Armed Police shall be as fixed with lhe approval of
lhe Governmentand shallbe obtained in the mannerpresc bed. Distribulion
of arrns to Batlalion and District Armed Beserves will be iixed on the order
of lhe Dircclor General of Police, who by means ol Standing Ordershalllay
dowJr lhe procedure 1o be followed for custody and care o, arms, ammunition,
stock of maieriallorlhe repairs and mainlenance, and the manner in which
danaged and unseNiceabte weapons are to be disposed off, and the
procedure in case oi loss ol anyweapon or ammunition.
The adequacy ofarms, equipment, mobility, communicalion etc. for each
Baflalion asweliaslhe DisirictArmedReserveshali beassessed regularly
on an annualbasis by the ofiicer heading the Stale Armed Police organization
in consultation with the Commandants and lhe District Su perinie ndent of
Police concerned.
Almament
(s)
36. (1)
12)
16
Superintendence ot
State Police to vest in
lhe Stale Government
CHAPTEF V
Superintendence and Adminiskation of Police
37. (1) lt sh all be th e responsibilily of the State Governmenl to ens ure an efficient,
etfectivo, responsive and accountable Police service lorthe enlire State.
Forlhis purpoae, the superintendence of the Police setuice throughoul the
Stateshallvest in and be exercised by the StateGovemment in accordance
with the provisions of this Act.
(2) -fhe State Government shallexerciso its superintendence overthe Police
servicein such mannerand to such exentso as to promote the proiessional
efficiency of the Police and to ensure that the Police pertormance is at all
times in accordance with the law. For thjs purpose, ihe State Governmenl
shalllay down policies and guidelines, setting slandards io I quality policiilg,
facililatelheir implemeniation and ensuring lhat the Police iorce perforrns
iis duties in a professional mannerwith functional aulonomy
38. (1) The Stale Govemment shall-
(a) on the basis of a repon of the Director General oi Police in this behalf
and in accordance wlth the recommendations of the Siate Police Board
established under this chapteriinallze a Strategic Policing Plan for a
five-year period (hereinaiter referred to asthe "Strategic Plan")with Annual
Sub-Plans (hereinafter referred toas ihe'Annual Pian") d!ly identilying
the obieclives of policing soughtio be achieved during the period and
setting o!t an action plan lortheir implementaiion;
(b) in makng his repori the Director Gene.al of Police shall be girided by
reports olthe specialized and otherunits ol thePoiceandihe District
Superintendents ol Police who, in turn, shali iormulate the same in
consultation with ihe comrnunitY;
(c) place beiore the State Legislature a copy ol this plan as soon as it is
finalized. Subsequenl Strategic Plans shall, thereailer, be laid before
the State Legislature every iive years;
(d) place before the State Legislature at the treginlring of each tinancial' year, a Progress Reporton the implemenlation ol ihe Strategic Plan as
wel astheAnnual Plaf forlheprecedingyear'
(2) The Strategic Plan, the Annual Plan and the Progress Repon shall be made
readily accessible to the Public
39. The State Government shallestablish a State Police Board to facilitate thelaying
down ot policies, evaluate performance and e nsu re the lu nclional aulonomy of
State Police Service subject to the provisions of law. The Slate Poiice Board
shall function in the manfer plovided in this Act The Board shall meet as often
as deemed necessary, but ai leasl once in six months
40. (1) The Slate Police Board shallhave the iollowing as its members namely-
(a) ihe Chiei Minister as ils Chairperson;
(b) lhe Leader of Opposition in ihe Siale Legislative Assembly;
(c) a retired High CourtJudge;
{d) the Chiel Secretary:
(e) the Secretary in charge of the Horne Department;
t7
St.ategic Pollcing
Plan and Annual
Policing Plan
State Police
Board
Cornposition ol
the Board
the Secretary in charge ol ihe Finance Departnrent:
the Secretary in charge ofthe SocialWellare & Empowerment
Department;
the Director General ol Police as ils Membeasecretaryl and
ihree non'political persons of proven reputation for iniegrih/ and
competence lo be appointed on the recornmendation ol the Selection
Panel constituted under Section 41.
(2) The composition of the Board shall reflect adequate gender and minority
represenlalion.
(3) No servlng gdvernment emp oyee shall be appointed as an lndependenl
{4) Any vacancy in lhe Slate Police Board shall be tilled up as soon as
praclicabie, but nol lalerlhan three months atterthe seat hasiallen vacant
lndependent Members of the Slale Police Board shallbe appointed on
the recomrnendalion of a Seleclion Panel, which shall consisi of'
, {a) a retireo Chiei Juslice o'JJdge of a q,g" Coul as.Is Cl_airperson:
' ior lhe Cha.rperson ol lhe Stale PLblic Service Corl'rissiol: ano
] {c, the Cl_airoe'son o't1e Slate E ect on corrrr'ssion.
I The Selection Panelshall evo ve its own procedure to select lndependent
Members through a transparerl i process.
No person shall be appointed as an lndepen de nt Nrember oi the Stale Police
Board if he-
(a) ls nol a citizen of Lndia; or
(b) has been convicted by a Couri of law or againstwhom charges have
been framed in a Court of lawtor
(c) has been dismissed orrernovedlrom seNice orcompulsorily retired on
the grounds of corruption or misconduci; or
(d) holds an elected ofiice, including that of Member oi Parliament or Staie
Legislature or a local body, or ls an oiiice'bearer ol any polltical pady
or any organization connecied with a political party; or
(e) ls of unsound mind.
A person shall be appointed as an lndependent Memberior a period of
th'ee years. The salre pe'son shall aot be appoilled lor more lhan lwo
consecut,ve ierms. A pe'son appo n_ed as an 'rdependenl Member ray
resign his position bywritien commLlnication addressedto the Chairman of
the Board.
(0
(s)
(h)
(D
I\rethod of selection 42.
Grounds ol lneligibilily 4i|
for Independeni Members
Panel for selection of
lndependent Members
Term ol office of 44'
lndependent
Members
Removalot
lndependent Members
45,(1) An lndependent Member may be removed irom the Staie Poljce
Board by a iwo-thirds majority of members ofthe Board on any oithe
following grounds, namely'
(a) proven incompetence; or
(b) provenmisbehavior;or
(c ) lailurelo attend ihree consecutive meelings of ihe Stale Police Board
without sutficient cause; or
(d) incapacltation by reason oi physical or menial infkmity or otheMise
becoming unable to discharge his function as a mernber,
18
Functions of the
State Police Board
Expenses of the
State Police BoarC
Transaction ol
Business by the Boaad
Annual Report otthe
State Potice Board
(2) ln addition, an lndependent lvlember shall be removed kom lhe State Police
Board il he incurs any of the grounds of ineligibility speciiied under Section 43'
46.(1) The State Police Board shall perform the following lunctions namely,"
(a) irame broad policyguidelinesfor promoting efficieni, eifective, responsive
and accountable policing in accordance with the lawi
(b) apprcve the iive years Strategic Policing Plan and Annual Policlng Sub-Plani
(c) idenlify pe,Jormance indicators io evaluatethe functioning oflhe Police
Service. These lndicators shall, interalia, include operationalefiiciency,
public saiisiaction, victim salistaction vis_a-vis Police lnvestigation and
response, acco!ntability, opllmum utilization oi resources, and
observance of human rights standards; and
(d) revlew and eval!ate organizalional performance ol the Police Service in
the state as a whole aswellas districl_wise against (i)the Annuai Plan,
(li) performance indicalors as identified and laid down, and (lli) resources
available with and conskaints ol the police.
(2) Till such time an appropriale law is made on the subjeci, the Staie Police
Board shaLl also lunciion as the State Vigilance Commission and per{orm
the same functions in respecl o, the Sikkim Vigilance Police as are perfomed
by the Stale Police Board in respect of the State Police, with Director
Vigilance acting as lhe [,4ember Secretary, who shallbe an ol{icer not below
the rank oi lnspeclor Generaloi Police.
47. (1) Non-otficiaL members would be entilled to such remuneration or allowances
as may be nolified by the Stale Government from time io time.
(2) The expenses on account ol remuneration, allowances and lravel n
confeclion with oificial busin ess of the State Police Board, in respect of the
lndependent [,4embers otthe Board shall be borne bylhe State Government'
48. (1) Noticelor meetingsot lhe Board shallbe issued by the Membersecretary
al least 15 (filteen) days beloreeach rneeting. Members desirous oi raising
an item lor discussion in the meeti g shall send notice so as to reach the
lvlember Secretary ai least 7 (seven)days in advance and the item shall be
laken Up with the approval ofthe Chairman of the Board.
(2) All meetings shall be held at Gangtok unless lhe Board decides otherwise'
A record ol proceedings ofthe Board shallbe maintained bythe Member
Secretary who shallcause them to be ckculated wilhin 15 {fifteen)days of
each meeting.
(3) The quorum lor a meetlng ol the Board shall be one-1hird ol the lilled-up
members oi the Board. ln the absence oi quorurn, the meeting shall be
adjourned to the same ume on the next wofting day, and no quorumshallbe
required for such adioulned meeting
(4) The Board may devise its own procedure tor transaction of business ln
accordance wilh provisions of this Act.
49, (1) The Board shall, within lhree months after lhe end of each linancialyear'
presenttolhe State Government a report on ils work during the preceding
year as we I on lhe evaluation oi performance oi the Police Servlce'
(2) The SlateGovern.enl sha,lcause s,ch An'!,alqeporilo oela d be ore
the earliesi session of the Staie Legislature following its receipt trom ihe
Board, aiong with an actiontaken report.
tg
Administralion of Police
Powers and
responsiblllties of the
OirectorGeneral
o{ Police
50.(,, rl_e adminislralion of lLe ool;ce throughotrl lheSlalesl al vestin:hF
Direclo' General ol Pol ce ard l^ such Add l'onal Dlreclo-s GcnerJ' ol
Police, lnspectors General ol Police, Deputy lnspeL:iors General cl
Police and other ollicers, as may be appointed'
(2) The adminisiraiion of Police in a districl shall vest in the District
S u perinlendent of Police.
r3) Adminislral o'r rea's il'e manageme'l of the Po ice service sirbjecl Io
aw, ru es and regulal;o' s, and will

Excerpt shown. Open the full act in Lexace.

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