Keywords : Insurgency, Internal Security, Militant Activities, Moral Turpitude, Organized Crime, Place of Public Amusement and Public Entertainment, Police District, Police Officer, Police Personnel, Public Place, Revenue Police Area, Revenue Police System, Subordinate Rank, Superintendent of Police, Terrorist Activity, Victim, Witness
to provide for establishment, regulations and management of the police, redefine its role, duties and
its responsibilities and to enable it to function as an efficient professional effective, accountable and people
friendly and responsive agency by taking into account the emerging challenges of policing, enforcement of
rule of law, the concern for the security of the State and the people, good governance and human rights, this
AN
ACT
Be it enacted by the Legislature of the State of Uttarakhand in the Fifty- Eighth year of the Republic of
India.
CHAPTER I
PRELIMINARY
Short title,
extent and
commencement
- (1) This Act may be called the Uttarakhand Police Act, 2007.
(2) It extends to the whole of the State of Uttarakhand and to the Police force of
the State, deployed outside the State, except the Revenue Police Area.
(3) It shall come into force on such date as the State Government may, b
notification in the official Gazette, specify in this behalf.
Definitions 2. In this Act, unless the context otherwise requires-
(a) “Act “means the Uttarakhand Police Act, 2007;
(b) “Cattle” means and includes cows, buffaloes, elephants, camels, horse asses,
mules, sheep, goats and swine;
(c) “Chief Secretary” means the Chief Secretary to the State Government;
(d) “District” means a Revenue territory, notified as a Revenue District under the
U.P. Land Revenue Act, 1901 (As amended from time to time and as
applicable to the State of Uttarakhand)
(e) “District Magistrate” means the Chief Officer, entrusted with the
administration of a District and so appointed by the State Government under
Section 20 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974);
(f) “Divisional Commissioner” means the officer designated as such and in
charge of a Revenue Division, notified under the U.P. Land Revenue Act,
1901 (As amended from time to time and as applicable to the State of
Uttarakhand)
(g) “Domestic Help” means a person working for remuneration or otherwise
performing domestic chores in a household;
(h) “Insurgency” means and includes waging of armed struggle, by a group or a
section of population, against the State, which includes the separation of a
part from the territory of India;
(i) “Internal Security” means preservation of Sovereignty and Integrity of the
State from disruptive and anti-national forces within the State;
(j) “Militant Activities” means and includes any violent activity of a group,
using explosives, inflammable substances, firearms or other lethal weapons
or hazardous substances, in order to achieve its political objectives;
(k) “Moral turpitude” means involvement in any crime, which among other
things, either pertains to cheating; forgery, drugs, intoxication, offending the
modesty of a woman. or any offence against the State as mentioned in
Chapter VI of the Indian Penal Code (Central Act 45 of 1860);
(l) “Organized crime” means and includes any crime, committed by a group or a
network of persons, in pursuance of its common intention of unlawful gain,
by using violent means or threat of violence;
(m) “Place of public amusement and public entertainment” means and includes
such places, as may be notified by the State Government;
(n) “Police District” means the territorial area, notified by the government for
this purpose;
(o) “The boundary of the Police District” means the territorial area of the
Revenue District, excluding the Revenue Police Area;
(p) “Police Officer” means any officer, belonging to the Indian Police Service,
Uttarakhand Police Service or Uttarakhand Police Subordinate Service and
includes any other service, constituted under this Act.
(q)
1
{‘Police Personnel” means such police officers and all other persons, for
whom the Appointing Authority is the State Government or Director General
of Police or any officer subordinate of the Director General of Police;}
(r) “Prescribed” means prescribed under this Act;
(s) “Public place” means any place, to which the public have access an includes –
(i) a public building, monument and precincts thereof; and
(ii) any place, accessible to the public for drawing water, washing or
bathing or for purposes of recreation;
(t) “Regulation” means regulations made under this Act;
(u) “Revenue Police Area” means the area, existing as such or to be notified as a
Revenue Police Area;
(v) “Revenue Police System” means the system of Policing, existing in Revenue
Police ·Area;
(w) ‘Rules” means rules, made under this Act;
(x) “Service” means the Police Service, constituted under this Act;
(y) “Subordinate Rank” means all ranks, below the rank of Assistant or Deputy
Superintendent of Police;
(z) “Superintendent of Police” means the police officer in charge of a Police
District and shall include police officers of equivalent rank;
(za) “Terrorist activity” means and includes any activity of a person or a group,
using explosives or inflammable substances or firearms or other lethal
weapons or noxious gases or other 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;
(zb) “Victim” means a victim of crime who, individually or collectively, have
suffered criminal harm, including physical or mental injury, emotional
suffering, economic loss or substantial impairment of their fundamental
rights, and includes acts or omissions that are in violation of laws operative
within Uttarakhand;
1-Subs. by section 2 of UK Act no 27 of 2018.
(zc) “Witness” means a person –
(1) who has made a statement, or who has given or agreed to give
evidence in relation to the commission of any offences, as may be
prescribed;
(2) relation or associate to a person, referred to in clause (a) above, may
require protection or other assistance under this Act; or
(3) for any other reason, may require protection or other assistance under
this Act.
NOTE:- Words and expressions used in this Act, but not defined specifically,
shall have the same meaning as provided in the Code of Criminal
Procedure, 1973 and the Indian Penal Code, 1860.
CHAPTER II
CONSTITUTION AND ORGANIZATION OF THE POLICE FORCE
Constitution of
the Police
Force for the
State
3- (1) There shall be a Police Force for the State.
(2) The Police Force shall consist of such ranks and members and have such
organizations, as the State Government may, by general or special orders,
prescribe.
(3) The administration of the Police Force of the State, subject to the overall
control of the State Government, shall vest in the Director General of Police.
Police Ranges 4- (1) The State Government may, by notification, divide the state into one or more
Police Ranges.
(2) The administration of the Police Force in the Police Range shall vest in an
officer, not below the rank of Deputy Inspector General of Police.
Police District 5- The administration of the Police District within the local jurisdiction of the
District Magistrate, shall be vested in a Superintendent of Police under the
general coordination and direction of the District Magistrate.
District level
Special Cells
6- 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 create one or more Special Cells in a Police District.
Police Stations 7- (1) The State Government shall, by notification, create Police Stations, with or
without outposts.
(2) The State Government shall, by notification, notify the Circle and there shall
be minimum two Police Stations in a Circle.
(3) A Police Station shall be headed by an Officer-in-charge, who shall not be
below the rank of Sub-Inspector of Police.
Revenue
Police Areas
8- Under the Revenue Police System, such area of any District shall fall as the
Government determines time to time.
Railway Police 9- (1) Notwithstanding anything contained in this Act, the State Government may,
by notification in the Official Gazette, create one or more Railway Police
District under the control of Superintendent of Police including such railway
areas in the State as the State Government may specify.
(2) The State Government may, by notification, divide a Railway Police-
District into one or more Circles, to be headed by an officer of the rank of’
Assistant/Deputy Superintendent of Police.
(3) The State Government may, by notification, create one or more Police
Stations in the Railway Police District, to be headed by an officer of the-
rank not below the rank of a Sub-Inspector of Police.
State
Intelligence
Department
10- The State Government may, by a general or special order, create a State
Intelligence Department for collection, collation, analysis and dissemination
of intelligence.
State Crime
Investigation
Department
11- The State Government may, by a general or special order, create a Crime
Investigation Department for investigation of specified crimes, as directed
by the State Government and /or by Director General of Police.
Specialized
Police Units
12- Notwithstanding anything contained in this Act, or any other law for the
time being in force –
(1) The State Government may, by a general or special order, create Specialized
Police Force and may also determine the number, functions and
responsibilities of such Police Force.
(2) A specialized Police Force may comprise of such administrative structure
and hierarchy, as may be prescribed.
(3) The duties, responsibilities, powers, and privileges of a Specialized Police
Force may be such, as prescribed by the State Government.
(4) The State Government may, by a general or special order, disband or
rationalize such a Specialized Police Force at any time.
District Armed
Reserves and
State Armed
Police Batta-
lions
13- To assist the civil police in enforcement of law and maintenance of order or
in situations of likely breach of peace or in disaster management functions,
in escort of prisoners, or to discharge such other duties, which may require
special weapons and tactical teams or presence of armed police, the State
Government shall create Armed Police Units or Special Armed Police Units
with appropriate manpower strengths in the form of an Armed Police
Reserve for each Police District and Armed Police Battalions for the State.
The constitution, recruitment, training, deployment and administration of
such Reserve Battalions shall be as per rules made under this Act.
Special Police
Officers
14- Subject to the rules prescribed in this behalf, the Superintendent of Police
shall, under special circumstances, appoint Special Police officer in
consultation with the District Magistrate.
Police Train-
ing Institutions
15- (1) The State Government may lay down a Training-cum-Education Policy, in
consultation with the Director General of Police, for the police officers and
personnel. This policy shall also aim to promote a service culture among
police officers for acquiring appropriate educational and professional
qualifications, as they advance in their career.
(2) The State Government may, by a general or special order, establish Police
Training Institutions including State Police Training Institutes, Police
Training Schools, and other Training Institutions, including Police Academy.
(3) The supervision and administration of the Police Training Institutions shall
be in accordance with Rules, made for this purpose.
Bureau of
Police
Research and
16- (1) The State Government may establish a Bureau of Police Research and
Development for undertaking research into matters, relating to police and
Development crime.
(2) The administration and working conditions of the Bureau may be such as
may be prescribed.
Technical and
Support Forces
17- The State Government may create and maintain, under the overall control of
the Director General of Police, such technical agencies and forces as required
through notifications made from time to time for this purpose.
Legal Advisor
and Financial
Controller
18- The State Government may appoint a Legal Advisor and a Financial
Controller to assist and advise the Director General of Police on legal and
financial matters respectively.
CHAPTER III
ADMINISTRATION OF THE POLICE FORCE
Superintendence
over the Police
Force
19- Notwithstanding anything contained in any law, the State Government shall
exercise power of superintendence over the Police Force in respect of all
matters.
Director
General of
Police
20- (1) For the overall control, direction and supervision of the Police Force, the
State Government shall appoint a Director General of Police.
(2) The Director – General of police shall be appointed from a panel of officers,
already working in the rank of the Director General of Police, or the officers
who have been found suitable for promotion in the rank of Director General
of Police, after screening by a committee, as constituted by the Government :
Provided that the number of officers in the panel shall not exceed three
times the number of cadre posts, sanctioned for the rank of Director General
of Police in the State.
(3) The Director General-of Police; so appointed, shall have a minimum tenure
of two years, subject to superannuation.
(4) The State Government may remove the Director General of Police from
his/her post before the expiry of the tenure, by a written orders specifying
reasons, on the following grounds —
(i) on 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
(ii) on becoming incapable to perform his/her functions as the Director
General of Police due to physical or mental illness; or
(iii) on promotion or transfer to a higher or similar post under the Central or
any other State Government; or
(iv) on his/her own request.
(5) In exceptional cases, the Director General of Police may be removed from
his post by the State Government before the expiry of his/her tenure, for
gross inefficiency and negligence, where a prima facie case of a serious
nature has been established after a preliminary enquiry.
Administration
of police
21- Subject to the approval of the State Government, the Director General of
Police shall make regulations or issue orders, not inconsistent with this Act
and with any other law for the time being in force for –
(a) prevention of crime,
(b) investigation of crime,
(c) maintenance of law and order,
(d) regulation and inspection of the police organization and of the work
performed by police officers,
(e) determining the description and quantity of arms, accoutrements,
clothing and other wherewithal’s to be provided to the Police force;
(f) selection of the places of residence of members of the Police force,
(g) regulation, deployment, movements and location of the police force,
(h) assigning duties to officers of all ranks and grades and prescribe the
manner and the conditions, subject to which they shall exercise and
perform their respective powers and duties,
(i) regulating the collection and communication of intelligence and
information by the police,
(j) prescribing the records, registers and forms to be maintained and the
returns to be submitted by different police units and officers and
generally, for the purpose of rendering the police more efficient,
preventing abuse of power and neglect of duties by them.
Disciplinary
Proceedings
22- Subject to the provisions of Article 311 of the Constitution of India,
disciplinary proceedings shall be conducted, as per the Rules and Regulations
made under this Act.
Disciplinary
Penalties
23- (1) An officer of the rank of Superintendent of Police or above may award any
of the following punishments, to a police officer of a rank for which he is the
Appointing Authority, namely-
(a) Reduction in rank,
(b) Compulsory retirement,
(c) Removal from service,
(d) Dismissal,
(e) Reduction in salary,
(f) Withholding of increment, and
(g) Withholding of promotion.
(2) Any police officer of the rank of Superintendent of Police or above may
award any of the following punishments to any non-gazetted police officer
subordinate to him, namely-
(a) fine not exceeding one month’s salary,
(b) reprimand or censure.
(3) A Deputy Superintendent of Police or any officer of equivalent rank may
award the punishment of reprimand or censure, to a Police Inspector or Sub-
Inspector of Police or an officer below its rank.
(4) Any officer of and above the rank of Inspector may award minor punishments
to Constables and Head Constables.
(5) Any punishment, mentioned in sub-section (1),(2),(3) or (4) above, awarded
to an officer, will not affect his liability for prosecution for any criminal
offence, committed by him in the same transaction, for which departmental
action has led to the award of punishment to him for any transgression of
departmental rules.
Suspension 24- A police officer of or above the rank of Superintendent of Police may place a
police officer of the rank of Inspector or below, subordinate to him, under
suspension for reasons to be recorded in writing.
Misconduct 25- A police officer shall, in addition to any other delinquent act or behavior, as
specified in the relevant rules, be liable for disciplinary action for any of the
following misconduct –
(a) disobedience of lawful orders;
(b) neglect of duty;
(c) insubordination or any oppressive conduct;
(d) unauthorized malingering or absence from duty;
(e) act of cowardice;
(f) misuse of right; or
(g) any other act, unbecoming of an officer.
Appeals
against orders
of punishment
26- An appeal against any order of punishment passed against an officer under in
the present Act or any rules made there under, shall lie –
(a) where the order has been passed by the Director General of Police-to
the State Government; and
(b) where the order has been passed by an officer, subordinate to the
Director General of Police-to the officer, who is next higher in rank in
the Police hierarchy from the officer, who passed such order.
Administration
of Police in
Railway Areas
27- (1) The State Government may place an officer not below the rank of Deputy
Inspector General of Police, to assist the Director General of Police in the
administration of the Railway Areas.
(2) The administration of a Police District in a Railway Area shall vest in a
Superintendent of Police.
(3) Subject to the control of the Director General of Police, such police officers
shall discharge police functions, connected with the railways, situated within
their respective charges and such other functions, as the State Government
may; from time to-time; assign to them.
(4) Any police officer, whom the State Government has, by a general or special
order, empowered to act under this sub-section, may exercise within the
Police District or any part thereof, any of the powers of an officer-in-charge
of a Police Station in that Police District. While exercising such powers, he
shall be deemed to be an Officer-in-Charge of that Police Station,
discharging the functions of such officer within the limits of his Police
Station.
(5) Subject to any general or special orders, which the State Government may
pass in this behalf, such police officers shall in the discharge of their
functions, be vested within every part of the state, with the powers and
privileges and be subjected to the liabilities of police officers under this Act
or any other law for the time being in force.
(6) 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 of Police.
Term of office
of key police
functionaries
28- (1) A Police Officer, posted as an Officer-in-charge of a Police Station; shall
have a minimum term of one year and, as an Officer in-Charge of a Police
Circle or as a Superintendent of Police or as a. Deputy Inspector
General/Inspector General of a. Range, .shall have a. minimum term of two.
years, subject to superannuation :
Provided that any police officer covered under this section may be
transferred from his post before the expiry of the tenure by the competent
authority by a written order, specifying reasons on the following grounds:-
(a) on promotion to a higher post or proceeding on deputation; or
(b) on proving the guilt; or
(c) on framing of a charge by a court of law for a criminal offence; or
(d) on becoming incapable due to any physical or mental illness or otherwise
becoming unable to discharge his functions and duties; or
(e) for filling up a vacancy; or
(f) on his own request; or
(g) in the public interest.
(2) In exceptional cases, an officer may be removed from his post by the
competent Authority for-gross inefficiency or negligence, where a prima
facie case of a serious nature has been established after a preliminary
enquiry.
CHAPTER IV
STATE POLICE BOARD AND POLICE ESTABLISHMENT COMMITTEE
State Police
Board
29- The State Government shall, as soon as may be, establish a State Police
Board to perform the functions, assigned to it under the provisions of this
Chapter.
Composition
of the Board
30- The State Police Board shall comprise the following-
(a) Home Minister ——- Chairman
(b) The Leader of the Opposition or as the case may be, if there is no Leader of
the Opposition, the Leader of the largest single opposition party in the State
Legislative Assembly – —–Member
(c) Chief Secretary ————-Member
(d) Principal Secretary / Secretary, Home Department —————- Member
(e) Director General of Police ——Member
(f) Two non-political persons of proven reputation for integrity and competence
(hereinafter referred to as “Independent Members”) from any field, such as
academia, law, public administration, media or any other field, to be
appointed on the recommendation of the Selection Panel, constituted under
this Act.——— Member
(g) One police officer, belonging to the State cadre of Indian Police Service, not
below the rank of Additional Director General of Police, to be nominated by
the State Government, as its Secretary.
Composition
of the panel
for selection of
Independent
Members
31- Independent Member(s) of the State Police Board shall be appointed on the
recommendation of a Selection Panel, which shall consist of –
(a) Chief Minister of the State,
(b) Speaker of the State Legislative Assembly,
(c) Home Minister of the State, and
(d) Leader of the Opposition in the State Legislative Assembly; or as the
case may be, if there is no Leader of the Opposition, the Leader of the
largest single opposition party in the State Legislative Assembly.
Grounds of
ineligibility for
Independent
Members
32- No person shall be appointed as an independent Member of the State Police
Board if he-
(a) is not a citizen of India; or
(b) has been convicted by a court of law or charges have been framed
against him /her by 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 political office, which includes a. member of Parliament
or State Legislature or a local body, or is an office-bearer of any political
party or any organization, connected with any political party; or
(e) is of unsound mind.
Term and
privileges of
Independent
Members
33- A person may be appointed as an Independent Member for a period of two
years. No person shall be appointed for more than one term. An independent
member shall be entitled to a sitting fee, transport to and from the place of
meeting, as well as for touring expenses in connection with any task,
entrusted by the Board, as prescribed from time to time.
Removal of
Independent
Member
34- (1) The State Government may remove any Independent Member of the State
Police Board at any point of time on any of the following grounds:-
(a) proven incompetence; or
(b) proven misbehavior; or
(c) failure to attend three consecutive meetings of the State Police Board
without sufficient reason; or
(d) becoming incapable by reasons of physical or mental infirmity; or
(e) otherwise becoming unable to discharge his functions as a member; or
(f) on the recommendation of the Selection Panel.
(2) In addition, an Independent Member may also be removed from the State
Police Board by the State Government, if he incurs any of the grounds of
ineligibility, specified in this Chapter.
(3) The State Government shall state in writing the grounds for such removal.
Functions of the
State police
Board
35- The State Police Board shall perform the following functions, namely-
(1) Suggest and advise the State Government on policy guidelines for promoting
efficient, effective, responsive and accountable policing,
(2) Suggest the State Government in identifying performance indicators, which
shall, inter alia, include operational efficiency, public satisfaction, victim
satisfaction vis-a-vis police investigation and response, accountability,
optimum utilization of resources, and observance of human rights standards,
(3) Suggest measures to enhance the performance of the Police Force
periodically as per the performance indicators, identified in sub section (2)
above,
(4) suggest towards evaluating organizational performance of the police against-
(i) performance indicators, as identified and laid down by the State Police
Board itself;
(ii) resources available with, and constraints of the police;
(5) suggest policy guidelines for gathering information and statistics related to
police work; and
(6) suggest ways and means to improve the efficiency, effectiveness,
accountability, and responsiveness of the police.
Expenses of
the State
Police Board
36- The expenses on account of remuneration, allowances, and travel in
connection with official business of the State Police Board, and in respect of
the Independent Members of the Board, shall be borne by the State
Government, as per the rules prescribed in this respect.
Annual report
of the State
Police Board
37- The State Police Board shall at the end of each year, present to the State
Government a report on its work during the preceding year on the evaluation
of performance of the Police Force. The State Government shall, as soon as
may be, lay this report before the State Assembly.
Police
Establishment
Committee
38- (1) The State Government shall, as soon as may be, constitute a Police
Establishment Committee (hereinafter referred to as the ‘Committee’) with
the Director General of Police as its Chairperson and two other senior most
police officers in the Department, not below the rank of Inspector General of
Police, as members.
(2) Establishment Committee shall perform the following functions and duties,
namely –
(a) lay procedures. for the selection and promotions in the Subordinate-
Ranks;
(b) transfer of subordinate officers from one Range to another;
(c) transfer of officers of the rank of Deputy Superintendent of Police/
Assistant Superintendent of Police ;
(d) recommend to the State Government, regarding the transfer and posting
of police officers of the rank of Additional Superintendent of Police and
above;
(e) prescribe guidelines and instructions for transfer of subordinate officers
from one Police District to another; and
(f) analyse and redress the grievances of the police personnel and wherever
necessary, suggest remedial measures to the State Government.
(3) The State Government may, in such matters as it may deem fit, for reasons to
be recorded in writing, alter or amend the decisions of the Committee.
CHAPTER V
ROLE FUNCTIONS AND DUTIES OF THE POLICE
Role functions
and duties of
the police
- (1) The indicative role and functions of the police, as per the rules made by the
Government from time to time, may broadly constitute the following –
(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 assist in maintaining law and 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
installations and establishment etc, against acts of vandalism or any kind
of attack;
(e) to prevent crimes, and reduce the opportunities for the commission of
crimes through their own preventive actions and measures as well as by
assisting 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,
apprehend the offenders and conduct investigations as per law;
(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 all possible help to people in situations, arising out of natural
or man-made disasters, and provide active assistance to other agencies in
relief and rehabilitation measures;
(j) to help the individuals, who are in danger of physical harm to their
person or property, and to provide necessary help and afford relief to
people in distressed situations;
(k) to facilitate orderly movement of people and vehicles and to control and
regulate traffic on roads and highways;
(l) to collect intelligence reports, relating to matters affecting public peace,
and all kinds of crimes, including social offences and other matters
relating to national security and disseminate the same to all such
agencies as may be prescribed, besides acting on it themselves.
(m) to perform all such other duties and discharge such responsibilities, as
may be enjoined on that by the State Government or an Authority,
empowered to issue such directions under any law for the time being in
force;
(n) to keep and display, in the Police Station, a record of habitual offenders
and persons involved in organized crime;
(o) to maintain, updated record of habitual offenders and persons involved in
organized crime, at the District and State level.
(2) A police officer shall take charge, as a police officer on duty, of at un-claimed
properties and shall take action for their safe custody and disposal in
accordance with the provisions of Section 46.
Functions in
Revenue
police Area
40- Not withstanding anything contained in this Act, it shall be lawful for the
police force and armed police units to investigate and to render such
assistance, as may be required in the Revenue Police Area, in the scientific
investigations of crimes and regulation of crowd and relief, rescue operations
and such other arrangements, as the District Magistrate may direct in
exceptional circumstances through the Superintendent of Police of the
District.
Senior Police
officer perfor-
ming duties of
a subordinate
officer
41- A senior police officer may perform any duty assigned by law or by a lawful
order to any officer subordinate to him. He/She may assist, supplement,
supersede or prevent any action of the subordinate by his own action or that
of any person lawfully acting under his command or Authority, whenever the
same may appear necessary or expedient for comprehensively enforcing the
law or for avoiding any infringement thereof;
Police officers
always on duty
42- Every police officer shall, for the purposes of this Act, be considered to be
always on duty, and may, at any time, be employed as a police officer in any
and may be
employed in
any part of the
State
part- of the State or outside it.
Police officer
not to engage
in other
employment
43- No police officer shall engage himself 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.
Police officer
not to with-
draw from
duty etc.
44- No police officer shall withdraw himself from duties of his office.
Police officers
may lay Infor-
mation etc.
45- It shall be the duty of any police officer to lay any information before a
Judicial Magistrate, having jurisdiction and to apply for summons, warrant,
search warrant or such other legal process, as may be, by law, issued against
any person, committing an offence.
Police officers
to take charge
of unclaimed
property not
being a case
property
46- It shall be the duty of every police officer to take charge of all unclaimed
moveable property and to furnish an inventory thereof to the Superintendent
of Police, who shall be competent for the disposal of the same in the manner
prescribed and shall keep the concerned court, having competent jurisdiction,
fully informed in this regard.
Police officers
to keep diary
47- It shall be the duty of every officer in charge of a Police Station to keep a
general diary in such form and manner as may, from time to time, be
prescribed.
State Govern-
ment may
prescribe form
of returns
48- The State Government may direct the submission of returns by the Director
General of Police and other officers, as the State Government may deem
proper, and may prescribe the forms, in which such return are to be prepared.
Uniforms,
insignia, acco-
uterments etc
49- (1) The State Government may prescribe uniform, insignia and accoutrements
for police officers, or as the case may be, police officers of any class.
(2) The Director General of Police may, from time to time, issue directions for
wearing of uniforms and carrying of insignia and accoutrements:
CHAPTER VI
SPECIAL PROVISIONS FOR POLICING
Special Crime
Investigation
Units
50- (1) The State Government may create, for Police Districts or Police Stations, a
Special Crime Investigation Units, headed by an officer not below the rank of
Sub- Inspector of Police and may also specify the offences to be investigated
by such units.
(2) The police officers posted to such units shall not be diverted to any other
duty, except under very special circumstances, with the written permission of
the Director General of Police.
(3) The Special Crime Investigation Units may also investigate other offences, as
may be specified by general or special order of Director General of Police.
Power to
reserve public
places and
erect barriers
and regulate
the use of
51- (1) Subject to such inquiry and restrictions ,as may be specified by the State
Government or any officer authorized for the purpose, the Superintendent of
Police may, by public notice, temporarily, reserve, for any public purpose,
any street or other public place and prohibit the public from entering the area
so reserved, except on such conditions as may be specified.
music and
other sound
systems in
public places
(2) The Superintendent of Police may authorize any police officer:-
(a) to erect barriers and other necessary structures on public roads and
streets, required for maintenance of law and order.
(b) to check vehicles or occupants thereof, for violation of any law.
(3) The District Superintendent of Police or any officer, not below the rank of
Assistant /Deputy Superintendent of Police, may regulate the time and the
volume of music and other sound systems, which are being used in
connection with any performance and other activities in or near any street or
public place causing annoyance to the residents of the neighborhood.
Maintenance
of Law and
Order
52- (1) In respect of a Police District, the Superintendent of Police, in concurrence
with the District Magistrate, may issue general or special orders in such
manner, as may be prescribed, in respect of the following –
(a) Regulating places of public amusement and public entertainment and, if
necessary in the interest of general public, prohibiting any such places of
public amusement and public entertainment for ensuring the safety and
well-being of persons, likely to be affected;
(b) Regulating the entry or exit at any place of public amusement, public
entertainment, or at any place of public meeting or assembly and
providing for the maintenance of public peace and prevention of
disturbance at such places;
(c) Regulating all assemblies and processions on any public road, street or
thoroughfare and lay down the route, by which and the time, at which
such a procession may pass;
(d) It shall be the duty of any person intending to organize a procession on
any road or street or thoroughfare or to convene a public meeting at any
public place, to inform the District Magistrate, the District
Superintendent ·of Police, and the Officer in-charge of the concerned
Police Station;
(e) If any of the officers, mentioned in clause (d) above, has reason to
believe, or on receipt of information and upon being satisfied has reason
believe that such an assembly or procession, if allowed without due
control and regulation, is likely to cause a breach of peace, he may
prescribe necessary conditions, including provisions for satisfactory
regulatory arrangements. On those conditions alone, the assembly or the
procession may be taken out. In special circumstances and for reasons to
be recorded in writing, such assembly or procession may be prohibited in
public interest.
(f) Any assembly or procession, which neglects or refuses to obey any order
issued under clause (e) above, shall be deemed to be an “unlawful
assembly” under Chapter VIII of the Indian Penal Code, 1860.
(2) However, in exceptional and unavoidable circumstance, the officer-in-charge
of the Police Station shall take action in matters referred to in sub-section (1),
with the concurrence of the concerned Executive Magistrate.
(3) The Superintendent of Police may, by an order published in prominent local
newspapers, require every owner of a household, a shop, or a public premise
to furnish details of a tenant or domestic help in the specified format.
(4) The District Superintendent of Police may levy such service charges, as may
be prescribed, on a person, who, for any monetary gain, conducts any
business, organizes any Function, Exhibition, Sale, Entertainment etc., which
requires deployment of extra Police force for the purpose of the safety of
general public or maintaining public peace and law and order.
Regulation of
Traffic
53- Superintendent of Police may, time to time, issue directions for regulating the
use of public road and street in respect of motorists, cyclists, pedestrians and
persons, accompanying animals, and for parking of vehicles including
bicycles, with a view to ensuring smooth and orderly movement of traffic.
Witness
Protection
54- (1) The State Government shall, as soon as may be, frame Rules for Witness
Protection as a measure of Human Rights protection.
(2) The State Government or an officer, authorized by the State Government
may apply to the Court, having jurisdiction, for declaring a witness as a
protected witness under such terms and such conditions, as may be
prescribed.
(3) The measures for protecting such witness may include, inter alia:-
(a) Making necessary arrangements:
(i) allowing the witness to establish a new identity; or
(ii) providing arrangements to protect and provide security to the witness
and his family;
(b) relocating the witness;
(c) providing accommodation for the witness;
(d) providing transport for the property of the witness;
(e) providing reasonable financial assistance to the witness;
(f) permitting any person, involved in the administration of the witness
protection programme, to use an assumed name in carrying out his or her
duties and for documentation in support of those assumed names;
(g) taking any of the steps listed in clauses (a) to (f), in respect of a foreign
witness, present in Uttarakhand, pursuant to an agreement or
arrangement between India and a foreign State, relating to witness
protection;
(h) any other action, which the State Government considers necessary, to
ensure the safety of the witness.
(4) The State Government may pass such orders, as deemed necessary, to remove
any difficulty in the operation of this section.
Victim
Rehabilitation
55- (1) The State Government may prescribe appropriate measure for the safety,
protection and assistance for a victim from the accused.
(2) The State Government may pass such other orders, as deemed necessary, to
remove any difficulty in the operation of this section.
Enlistment of
Village Guards
in Rural Areas
56- (1) Each village or group of villages in a Police District shall have one Village
Guard, enlisted by the Superintendent of Police for such tenure, as prescribed
in accordance with the Rules, prescribed in this behalf.
(2) A person of sound health, in the age group of 30 to 60 years, residing in the
village or the group of villages concerned, shall be eligible for enlistment as
Village Guard, in the order of preference laid down below –
